0180023449a.pdf

Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717

Contract Award Notification

Title: : Group 01800 – Road Salt and Treated Salt – Types 1 & 2 (Statewide) Classification Code(s): 12

Award Number : 23449 (Replaces Award 23409)

Contract Period : September 9, 2026 - August 31, 2027

Bid Opening Date : July 22, 2026

Date of Issue : September 10, 2026

Specification Reference : As Incorporated In The Invitation for Bids

Contractor Information : Appears on Page 2 of this Award

Address Inquiries To:

Name :

Title :

Phone :

E-mail :

Jamison Tamer Contract Management Specialist 1 518-473-2663 OGS.sm.SST_roadsalt@ogs.ny.gov

Procurement Services Customer Services

Phone :

E-mail :

518-474-6717 customer.services@ogs.ny.gov

Procurement Services values your input.

Complete and return "Contract Performance Report" at end of document.

Description Road Salt is used for snow and ice control. Treated Salt is granular sodium chloride (Rock Salt) treated with corrosion inhibited liquid magnesium chloride – Types 1 and 2.

Authorized Users are obligated to purchase a minimum of 60% of the total filed requirement amount per salt type with the exception of the following counties, which are obligated to purchase 50% of the total filed requirement: Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk, Westchester.

Authorized Users with multiple delivery sites (e.g., NYSDOT, County Highways and NYS Thruway) shall have their minimum/maximum delivery quantities determined based on the sum of all their sites serviced by a Contractor per lot.

Automatic price increase becomes effective once deliveries exceed 120% of the Authorized User’s filed requirement.

There are MBE and WBE participation goals totaling 10% in New York State on this contract.

There are 0% SDVOB participation goals.

Group 01800 – Road Salt and Treated Salt – Types 1 & 2 (Statewide) PAGE 2

23449a

Table of Contents

SECTION 1: INTRODUCTION

1.1 Contractor Information

1.2 Overview

1.3 Scope

1.4 Estimated Quantities

1.5 Small, Minority and Women-Owned Businesses:

1.6 Recycled, Remanufactured and Energy Efficient Products:

1.7 Note to Authorized Users:

SECTION 2: PRICING

SECTION 3: CONTRACT ADMINISTRATION

SECTION 4: TERMS AND CONDITIONS

4.1 Contract Term and Extensions

4.2 Short term Extension

4.3 Price

4.3.1 Fuel Price Adjustment

4.3.2 Price Escalation

4.3.3 Price Reductions

4.3.4 Storage Fees

4.4 Best Pricing Offer

4.5 Price Structure

4.6 Ordering

4.7 Purchasing Card Orders

4.8 Minimum Order

4.9 Minimum/Maximum Purchase Obligation

4.9.1 Storage Fees for Unpurchased Minimums

4.10 Invoicing and Payment

4.11 Delivery Terms

4.11.1 Delivery Schedule

4.11.2 Compliance with Delivery Schedule & Purchase Orders

4.11.3 Ordering Timeliness

4.11.4 Holidays/Weekends

4.11.5 Prevention of Contamination

4.11.6 Non-Complying Product – Price Deduction

Group 01800 – Road Salt and Treated Salt – Types 1 & 2 (Statewide) PAGE 3

4.11.7 Acceptance

4.11.8 Weight Tickets

4.11.9 Delivery Timetable

4.11.10 Delivery Rate Guarantees/Exceptions

4.11.11 Liquidated Damages

4.12 Provision of Product by Alternate Contractor

4.12.1 Lot I – Road Salt

4.12.2 Lot II and Lot III – Treated Salt – Types 1 & 2

4.12.3 Provision of Product by Alternate Contractor – Ordering Process

4.12.4 Provision of Product by Alternate Contractor – Buy Against Process

4.12.5 Provision of Product by Alternate Contractor - Buy Against Credit/Refund

4.13 On-Ground/Delivered Inventory

4.14 Unanticipated Excessive Purchase

4.15 Contract Administration

4.16 NYS Financial System (SFS)

4.17 Americans with Disabilities Act (ADA)

4.18 N.Y. State Finance Law § 139-l

4.19 Insurance

4.20 Report of Contract Usage

4.21 Audits

4.22 4.22 Contractor Requirements and Procedures for Business Participation Opportunities for

NYS Certified Minority- and Women-Owned Business Enterprises and Equal Employment Opportunities for Minority Group Members and Women

4.23 Participation Opportunities For New York State Certified Service-Disabled Veteran Owned Businesses

4.24 Environmental Sustainability and NYS Executive Order Number 22

4.25 Consumer Products Containing Mercury

4.26 Diesel Emission Reduction Act

4.27 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

4.28 Overlapping Contract Products

4.29 Preferred Source Products

4.30 NYS Vendor Responsibility

4.31 NYS Tax Law Section 5-a

4.32 Non-State Agencies Participation in Centralized Contracts

Group 01800 – Road Salt and Treated Salt – Types 1 & 2 (Statewide) PAGE 4

4.33 Extension of Use

4.34 New Accounts

4.35 Drug and Alcohol Use Prohibited

4.36 Traffic Infractions

4.37 Contract Documents; Electronic Format

Group 01800 – Road Salt and Treated Salt – Types 1 & 2 (Statewide) PAGE 5

SECTION 1: INTRODUCTION

1.1 Contractor Information

NOTE: See individual contract items to determine actual awardees.

See separate document PRICING for contact information to place NYS Contract Orders.

Contract Contractor Name & Address Contract Admin Federal ID#/ NYS Vendor ID#

PC71083 American Rock Salt Co LLC Toll Free #: 888-762-7258 16-1516458 PO Box 190 Phone #: 585-991-6817 1000008297 Mt. Morris, NY 14510 Contact: Jamie A. McClain Title: Marketing Manager Email: Jamie.McClain@AmericanRockSalt.com

Contractor does not accept NYS Procurement Card

PC71084 Apalachee LLC Toll Free #: 800-724-5037 47-2089879 SB 1423 Highland Ave Phone #: 585-442-4131 1100213604 Rochester, NY 14620 Contact: Ellen Pouthier Title: VP Sales Email: Sales@ApalacheeSalt.com

PC71085 Atlantic Salt Inc Phone #: 978-453-4911 13-2914699 134 Middle Street, Suite 210 Contact: Donna Capillo 1000026327

Lowell, MA 01852 Title: Assistant Corporate Secretary Email: DCapillo@EasternMinerals.com

PC71086 Cargill Incorporated –

Deicing Solutions Phone: 800-600-7258 41-0117680

24950 Country Club Blvd, Suite 450 Contact: Amanda Knaus 1000048669

North Olmsted, NY 44070 Title: Sales Account Manager Email: Salt_customercareroadsafety@Cargill.com

Contractor accepts NYS Procurement Card orders for up to $50,000.

Group 01800 – Road Salt and Treated Salt – Types 1 & 2 (Statewide) PAGE 6

PC71087 Morton Salt Inc Phone #: 312-807-2384 27-3146174 444 West Lake Street, Suite 3000 Contact: Na-Tia Douglas 1100010394

Chicago, IL 60606 Title: Senior Bid Analyst Email: NDouglas@MortonSalt.com

Contractor accepts NYS Procurement Card for orders up to $50,000

Cash Discount, If Shown, should be Given Special Attention.

Authorized users should notify New York State procurement services promptly if the Contractor fails to meet delivery or other terms of this contract. Products or services which do not comply with the specifications or are otherwise unsatisfactory to the Authorized User should also be reported to OGS procurement services.

1.2 Overview

This Solicitation is issued by the New York State (“NYS”) Office of General Services (“OGS”), Procurement Services for Road Salt and Treated Salt (Types 1 & 2) as specified herein for all Authorized Users eligible to make purchases under the Contracts resulting from this Solicitation.

This Solicitation outlines the terms and conditions, and all applicable information required for submitting a Bid. Bidders should pay strict attention to the Bid submission date and time to prevent disqualification. Bidders are strongly encouraged to read the language of this Solicitation thoroughly and to precisely follow the instructions included in the Solicitation and all attachments.

1.3 Scope

The resultant Contract(s) are to provide Road Salt (Rock) in bulk, Treated Salt (Types 1 & 2) in bulk, to various locations throughout the State.

State and eligible non-State agencies may participate and become Authorized Users of the resulting Contract awards. Authorized User shall have the meaning set forth in State Finance Law Section 163(1)(k) and includes, but is not limited to, New York State Agencies, political subdivisions, local governments, public authorities, public school and fire districts, public and nonprofit libraries, and certain other nonpublic/nonprofit organizations.

This Solicitation includes the Lots identified below:

• Lot I – Road Salt (Rock)

• Lot II – Treated Salt – Type 1

• Lot III – Treated Salt – Type 2

Group 01800 – Road Salt and Treated Salt – Types 1 & 2 (Statewide) PAGE 7

1.4 Estimated Quantities

A Contract resulting from this Solicitation shall be an estimated quantity Contract. No specific quantities are represented or guaranteed, and the State provides no guarantee of individual Authorized User participation. The Contractor must furnish all quantities actually ordered at or below the Contract prices. The anticipated dollar value of the award for this Solicitation, based on historical purchases under previous awards, is approximately $240,000,000 annually. The individual value of each resultant Contract is indeterminate and will depend upon the number of Contracts issued and the competitiveness of the pricing offered. See Appendix B Estimated/Specific Quantity Contracts and Participation in Centralized Contracts.

Numerous factors could cause the actual quantities of Products purchased under a Contract resulting from this Solicitation to vary substantially from the estimates in the Solicitation. Such factors include, but are not limited to, the following:

• Such Contracts may be non-exclusive Contracts.

• There is no guarantee that demand will continue in any manner consistent with previous purchases.

• The individual value of each Contract is indeterminate and will depend upon actual Authorized User demand and actual quantities ordered during the Contract period.

• The State reserves the right to terminate any Contract for cause or convenience prior to the end of the term pursuant to the terms and conditions of the Contract.

• Contract pricing that is lower than anticipated could result in a higher quantity of purchases by Authorized

Users than anticipated.

• Contract pricing that is higher than anticipated could result in a lower quantity of purchases by Authorized

Users than anticipated.

By submitting a Bid, Bidder acknowledges the foregoing and agrees that actual good faith purchasing volumes during the term of the resulting Contracts could vary substantially from the estimates provided in this Solicitation.

1.5 Small, Minority and Women-Owned Businesses:

The letters SB listed under the Contract Number indicate the contractor is a NYS small business. Additionally, the letters MBE and WBE indicate the contractor is a Minority-owned Business Enterprise and/or Woman-owned Business Enterprise.

1.6 Recycled, Remanufactured and Energy Efficient Products:

Procurement Services supports and encourages the purchase of recycled, remanufactured, energy efficient and "energy star" products. If one of the following codes appears as a suffix in the Award Number or is noted under the individual Contract Number(s) in this Contract Award Notification, please look at the individual awarded items for more information on products meeting the suffix description.

Code Type

RS, RP, RA Recycled RM Remanufactured SW Solid Waste Impact EE Energy Efficient E* EPA Energy Star ES Environmentally Sensitive

Group 01800 – Road Salt and Treated Salt – Types 1 & 2 (Statewide) PAGE 8

1.7 Note to Authorized Users:

When placing purchase orders under the contract(s), the authorized user should be familiar with and follow the terms and conditions governing its use which usually appears at the end of this document. The authorized user is accountable and responsible for compliance with the requirements of public procurement processes. The authorized user must periodically sample the results of its procurements to determine its compliance. In sampling its procurements, an authorized user should test for reasonableness of results to ensure that such results can withstand public scrutiny.

The authorized user, when purchasing from OGS contracts, should hold the contractor accountable for contract compliance and meeting the contract terms, conditions, specifications, and other requirements. Also, in recognition of market fluctuations over time, authorized users are encouraged to seek improved pricing whenever possible.

Authorized users have the responsibility to document purchases, particularly when using OGS multiple award contracts for the same or similar product(s)/service(s), which should include:

• a statement of need and associated requirements,

• a summary of the contract alternatives considered for the purchase,

• the reason(s) supporting the resulting purchase (e.g., show the basis for the selection among multiple contracts at the time of purchase was the most practical and economical alternative and was in the best interests of the State).

Group 01800 – Road Salt and Treated Salt – Types 1 & 2 (Statewide) PAGE 9

SECTION 2: PRICING

For specific pricing information per county and salt type please refer to the price pages’ link published at the webpage for this contract on the OGS Procurement Services website:

https://ogs.ny.gov/procurement/ogs-centralized-awards-list

SECTION 3: CONTRACT ADMINISTRATION

Contractor shall provide a sufficient number of Customer Service employees who are knowledgeable and responsive to Authorized User needs and who can effectively service the Contract. Contractor shall also provide an Emergency Contact in the event of an emergency occurring after business hours or on weekend/holidays.

Contractor shall provide a dedicated Contract Administrator to support the updating and management of the Contract on a timely basis. Contractor must notify OGS within five Business Days if it’s Contract Administrator, Emergency Contact, or Customer Service employees change, and provide an interim contact person until the position is filled. Changes shall be submitted electronically via e-mail to the OGS Contract Management Specialist.

Group 01800 – Road Salt and Treated Salt – Types 1 & 2 (Statewide) PAGE 10

SECTION 4: TERMS AND CONDITIONS

4.1 Contract Term and Extensions

A. Base Term. The Contract shall be in effect for a term of up to one (1) year. The Contract term shall commence after all necessary approvals and shall become effective September 1, 2026, or upon the date of OSC approval of the final executed documents, whichever is later, and the Contract term shall end August 31, 2027.

B. Extensions. At the State’s option, and subject to the approval of OSC, the Contract may be extended for up to three (3) years, in increments as deemed to be in the best interest of the State. Whether the optional extensions are exercised is at the sole discretion of the State.

A Contractor shall retain the right to decline a Contract extension offered under this section.

Any Contract extension will be under the same terms and conditions, subject to any additional applicable statutory and policy requirements. Any extensions provided under this section shall apply in addition to any rights set forth in Appendix B Contract Term – Extension.

C. The Contract term provided for in this section shall extend six (6) months beyond its termination date only for Authorized Users whose Contracts must be registered with the Office of the New York City Comptroller. During the six (6) month period the definition of Authorized User shall be deemed to refer only to Authorized Users whose Contracts must be registered with the Office of the New York City Comptroller. This extension is in addition to any other extensions available under the Contract. The extension provided for in this paragraph shall be upon the then-existing terms and conditions; provided, however, during such extension an Authorized User, as defined in this paragraph, may agree to amend such terms and conditions solely to comply with changes in statutory requirements (e.g.

changes in minimum, prevailing or living wages, or regulated services).

4.2 Short term Extension

This section shall apply in addition to any rights set forth in Appendix B Contract Term – Extension. In the event that OGS determines that a short term extension is in the best interest of the State, (e.g., a replacement Contract has not been issued, or an extended period is needed for Authorized Users to transition to another procurement method), any Contract let and awarded hereunder by the State may be extended unilaterally by the State for an additional period of up to thirty (30) calendar days upon notice to the Contractor with the same terms and conditions as the original Contract and any previously approved modifications. With the concurrence of the Contractor, the extension may be for a period of up to ninety (90) calendar days in lieu of thirty (30) calendar days. However, unless otherwise noted in the extension notification or agreement, this extension automatically terminates should a replacement Contract be issued in the interim.

Group 01800 – Road Salt and Treated Salt – Types 1 & 2 (Statewide) PAGE 11

4.3 Price

Price shall include all customs and duties and be net per ton, FOB destination designated on purchase order, including unloading of the bulk salt.

Contract prices shall be firm except for price revisions permitted in accordance with the following clauses:

• Section 4.1 - Contract Term and Extensions

• Section 4.3.1 - Fuel Price Adjustment

• Section 4.3.2 - Price Escalation

• Section 4.3.3 – Price Reductions

Should the price structure utilized by the parties become unworkable for the State, detrimental or injurious to the State, or result in prices which are not truly reflective of current market conditions and the price is deemed unreasonable or excessive by the Commissioner of General Services, and no adjustment in price is mutually agreeable, the Commissioner of General Services reserves the sole right upon ten (10) days written notice mailed to the Contractor to terminate any Contract resulting from this Bid opening. If the Contractor is unable or unwilling to meet Contractual requirements in whole or in part, it shall immediately notify the State of that fact, so that the State may take appropriate action.

Such notification shall be in writing and shall be directed to the OGS Procurement Services.

Such notification shall not relieve the Contractor of its responsibilities under the Contract.

4.3.1 Fuel Price Adjustment

A fuel price adjustment may be made to Contract pricing in accordance with the following procedure:

• On a monthly basis an amount may be added or deducted from Contract pricing based on calculations made referencing prices posted in the "EIA Retail On- Highway Diesel Prices".

• The New England PADD 1A shall be the designated posting for the adjustments.

If this source becomes unavailable, unworkable, unsuitable, or not reflective of the market conditions, then another source may be selected by the Commissioner of General Services in their sole discretion.

• Fuel Price adjustments will be applicable for deliveries of road salt & treated salt made during the Contract period. The fuel price adjustment shall be applied for the date of delivery.

Ex.: If a Purchase Order for salt is received on January 30, and the salt is delivered on February 2, the fuel price adjustment used will be that for the month of February.

• The base rate used for calculating adjustments shall be the rate shown in the referenced EIA on the date of the Bid Opening indicated on page 1 of this Invitation for Bids and adjustments will be permitted monthly.

Group 01800 – Road Salt and Treated Salt – Types 1 & 2 (Statewide) PAGE 12

• The monthly average will be arrived at by using the Monday prices for a given month as displayed in the EIA Retail On-Highway Diesel Prices and determining an average for that month. The previous month's prices shall be used to determine the monthly average (i.e. – August’s prices will be used to determine September’s adjustment). All prices will be rounded to two (2) decimal places.

Fuel Price Adjustment calculations will be posted monthly to the Contract award page on the OGS website:

EXAMPLE FUEL PRICE ADJUSTMENT INCREASE:

Published rate on date of Bid opening $4.07 Monthly Average Price $4.17 Monthly Average Price – Published rate on date of Bid opening = Fuel Price Adjustment $4.17 - $4.07 = $0.10 = Additional amount allowed to be added to price per ton.

EXAMPLE FUEL PRICE ADJUSTMENT DECREASE:

Published rate on date of Bid opening $4.07 Monthly Average Price $3.97 Monthly Average Price – Published rate on date of Bid opening = Fuel Price Adjustment $3.97 - $4.07 = - $0.10 = Amount allowed to be deducted from price per ton.

Deliveries made to meet minimum filed requirement obligations after Contract expiration on August 31, 2027 (where no extension has been granted) will apply the Fuel Price adjustment average for the month in which the Product was delivered which will be calculated using the base price established for the Invitation for Bids.

Should postings become unavailable, not reflective of market conditions, or differ from current description and/or format, a posting determined by the Commissioner of General Services at their sole discretion to be most reflective of market conditions will be used. Corrections to posted prices will be considered only when caused by a typographical or clerical error on the part of said posting.

In the event of an extension, the base rate for calculating adjustments will be the rate shown in the referenced EIA on the date of the next Bid year’s Bid opening and for subsequent years additional extensions would follow this format. If there is no Bid opening date for the next year, the base rate for calculating adjustments will be the rate shown in the referenced EIA one year after the last Bid opening date. If the date is not a business date when the posting occurs, the next business day will be the date used for the adjustment.

Price adjustments are limited to changes as noted above. Increases in Contract costs or prices to compensate for other increases in the cost of doing business, regardless of the cause or nature of such costs of the Contractor, will not be allowed during the Contract period, except as indicated under the fuel price adjustment and price escalation clause herein.

4.3.2 Price Escalation

A price escalation will be permitted when the awarded Contractor has delivered quantities that exceed 120%, and again at 130% of an Authorized User’s filed requirement.

Group 01800 – Road Salt and Treated Salt – Types 1 & 2 (Statewide) PAGE 13

Contractors shall notify Authorized Users of the applicable price escalation amount at the time an order is placed (if an escalation in price for future purchases is to be applied).

A price increase of 10% over awarded Contract price will be allowed once quantities delivered are over 120% of an Authorized User’s filed requirement. And a price increase of 15% over awarded Contract price will be allowed once quantities delivered are over 130% of an Authorized User’s filed requirement.

Once the Contractor notifies the Authorized User that a price escalation is applicable, Authorized Users are allowed to solicit prices from other suppliers. If a lower price is secured, the awarded Contractor, for the specific location/salt type, must be given an opportunity to match or better the price offered by the other supplier offering the lower price. If the awarded Contractor will not or cannot match or better the lower offered price, Authorized Users may meet their needs from the supplier offering the lower price.

Authorized Users with multiple delivery sites (e.g. NYSDOT, NYS Thruway and County Highways, etc) shall have their minimum/maximum delivery quantities determined based on the sum of all their sites serviced by awarded Contractor.

Contractors will continue to deliver to all Authorized Users including up to 130% of the Authorized User’s filed requirement. Failure to deliver may result in a “Buy Against” or a delivery deduction to the Contractor (see Section 4.12 – Provision of Product by Alternate Contractor for more information).

Price escalation is only applicable towards the tonnage delivered by the Contractor.

In the event of the application of provisions under Section 4.12 – Provision of Product by Alternate Contractor, the tonnage amount supplied by an alternate Contractor does not factor into the original awarded Contractor’s ability to apply a price escalation.

4.3.3 Price Reductions

Contractors shall be permitted to reduce their pricing any time during the Contract term.

4.3.4 Storage Fees

Price per ton is not to exceed $3.60/ton to store salt on behalf of the Authorized User from September 1, 2026, until December 31, 2027. Salt stored from January 1, 2028, and beyond will be priced per ton, per month not to exceed $8.00/ton.

4.4 Best Pricing Offer

During the Contract term, if the Commissioner becomes aware that the Contractor is selling substantially the same or a smaller quantity of a Product outside of this Contract upon the same or similar terms and conditions as that of this Contract at a lower price to a federal, state or local governmental entity, the price under this Contract, after consultation with the Contractor, may be reduced to a lower price on a prospective basis at the discretion of the Commissioner. The Commissioner reserves the right to request information to verify pricing for the purposes of this clause.

Group 01800 – Road Salt and Treated Salt – Types 1 & 2 (Statewide) PAGE 14

4.5 Price Structure

If, during the Contract Term, the Contractor is unable or unwilling to meet Contractual requirements in whole or in part based on the price structure of the Contract, it shall immediately notify the Office of General Services, Procurement Services in writing. Such notification shall not relieve the Contractor of its responsibilities under the Contract. The State may, but is not required to, consider an equitable adjustment in the Contract terms and/or pricing in the circumstances outlined in Appendix B Savings/Force Majeure.

Should the Commissioner in his or her sole discretion determine during the Contract Term that (i) the Contract price structure is unworkable, detrimental, or injurious to the State, or (ii) the Contract price structure results in prices which are unreasonable, excessive, or not truly reflective of current market conditions, and no adjustment in the Contract terms and/or pricing is mutually agreeable, the State may terminate the Contract upon ten (10) Business Days written notice mailed to the Contractor.

4.6 Ordering

Purchase Orders shall be made in accordance with the terms set forth in Appendix B Purchase Orders. Authorized Users may submit orders over the phone, and, if available, may submit orders electronically via web-based ordering, email, or facsimile at any time. Orders submitted shall be deemed received by Contractor on the date submitted.

All orders shall reference Contract number, requisition, and/or Purchase Order number (if applicable). Upon Contractor’s receipt of an order, confirmation is to be provided to the Authorized User electronically or via facsimile. Order confirmation should be sufficiently detailed, and include, at a minimum, purchase price, date of order, delivery information (if applicable), Authorized Username, and sales representative (if applicable).

If an Authorized User is unable to contact a Contractor to place an order with a reasonable amount of outreach, OGS will reach out to the Contractor directly to discuss this issue and may consider the application of Section 4.12 – Provision of Product by Alternate Contractor, for that purchase.

4.7 Purchasing Card Orders

If the Contractor accepts orders using the State’s Purchasing Card (see Appendix B Purchasing Card), also referred to as the Procurement Card, the Contractor shall not charge or bill the Authorized User for any additional charges related to the use of the Purchasing Card, including but not limited to processing charges, surcharges or other fees.

4.8 Minimum Order

The minimum order for this Contract is 22 tons.

4.9 Minimum/Maximum Purchase Obligation

Authorized Users are obligated to purchase a minimum of 60% of the total filed requirement amount per salt type with the exception of the counties listed below.

Authorized Users with delivery locations in the following nine (9) counties are obligated to purchase a minimum of 50% of the total filed requirement amount per salt type:

Group 01800 – Road Salt and Treated Salt – Types 1 & 2 (Statewide) PAGE 15

Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk, Westchester.

Authorized Users with multiple delivery sites (e.g., NYSDOT, County Highways and NYS Thruway) shall have their minimum/maximum delivery quantities determined based on the sum of all their sites serviced by a Contractor per lot.

Contractors are obligated to deliver up to 130% of the filed requirement for Road Salt and Treated Salt.

In the event of the application of provisions under Section 4.12 – Provision of Product by Alternate Contractor, a “Buy Against” purchase the awarded Contractor is still obligated to provide up to 130% of the Authorized Users filed requirement, not including the “Buy Against” tonnage provided by an alternate Contractor.

4.9.1 Storage Fees for Unpurchased Minimums

If the Authorized User is not able to take the minimum filed requirement amount, the awarded Contractor for the specific location will store salt for the Authorized User until December 31, 2027, for a one time/per ton storage fee not to exceed $3.60/ton. Storage Fees are capped and invoiceable as follows: (a) September 1, 2027, through December 31, 2027: not to exceed $3.60 per ton (one-time fee) _; and (b) on and after January 1, 2028: not to exceed $8.00 per ton per month. If storage is necessary for an Authorized User from January 1, 2028, and beyond, the awarded Contractor may offer storage at a per month per ton rate not to exceed $8.00 per ton/per month.

4.10 Invoicing and Payment

Invoicing and payment shall be made in accordance with the terms set forth in Appendix B Contract Invoicing.

The Contractor is required to provide the Authorized User with one (1) invoice for each Purchase Order at the time of delivery. The invoice must include detailed line item information to allow Authorized Users to verify that pricing at point of receipt matches the Contract price on the original date of order. At a minimum, the following fields must be included on each invoice:

• Contractor Name

• Contractor Billing Address

• Contractor Federal ID Number

• NYS Vendor ID Number

• Account Number

• NYS Contract Number

• Name of Authorized User indicated on the Purchase Order

• NYS Agency Unit ID (if applicable)

• Authorized User’s Purchase Order Number

• Order Date

• Invoice Date

• Invoice Number

• Invoice Amount

• Product Descriptions

• Unit Price

• Quantity

Group 01800 – Road Salt and Treated Salt – Types 1 & 2 (Statewide) PAGE 16

• Unit of Measure

• Dates of Service (if applicable)

Cost centers or branch offices within an Authorized User may require separate invoicing as specified by each Authorized User. The Contractor's billing system shall be flexible enough to meet the needs of varying ordering systems in use by different Authorized Users. Visit the following link for further guidance for vendors on invoicing: https://bsc.ogs.ny.gov/nys-vendors .

4.11 Delivery Terms

4.11.1 Delivery Schedule

The Delivery Schedule for this Solicitation is included as an Attachment. It is provided as a guide to indicate proposed delivery points and estimated annual requirements.

Contractors shall be obligated to add any State Agency that submits new filed requirement(s) for a delivery location on or before October 31 of the Contract term as long as the tonnage does not cause the awarded Contractor to exceed their maximum Bid capacity amount indicated for the salt type.

OGS shall review and approve any State Agency filed requirement submission prior to outreach to the awarded Contractor. Any State Agency that submits filed requirement(s) on or after November 1 shall be eligible to be added to the delivery schedule and receive deliveries at the Contractor’s discretion only.

Any political subdivision or other non-state entity which has not filed a requirement with OGS Procurement Services as of the date of the Bid opening shall be eligible to be added to the delivery schedule and receive deliveries at the Contractor’s discretion only.

4.11.2 Compliance with Delivery Schedule & Purchase Orders

Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User.

If no representative of the Authorized User is available at the time of delivery, the Contractor shall make a reasonable effort to notify the Authorized User of the delivery, either by phone or by email.

4.11.3 Ordering Timeliness

Orders must be placed before 2 p.m. Any orders placed after 2 p.m. shall be deemed as having been placed on the next business day.

4.11.4 Holidays/Weekends

If the scheduled delivery is to occur on a holiday or weekend, the delivery date will be the next business day, unless the Contractor and the ordering Authorized User mutually agree differently.

https://bsc.ogs.ny.gov/nys-vendors https://bsc.ogs.ny.gov/nys-vendors

Group 01800 – Road Salt and Treated Salt – Types 1 & 2 (Statewide) PAGE 17

4.11.5 Prevention of Contamination

Delivery trucks shall be inspected (and cleaned if necessary) prior to loading to prevent contamination of salt loads by residual materials found in the truck bodies. Any loads found to be contaminated may be subject to rejection with all related cleanup and/or replacement costs to be borne by the Contractor.

All shipments of salt shall be totally covered with a waterproof, non-porous tarpaulin, or similar sheeting material. Torn, ripped or mesh coverings may be cause for rejection of shipment. Also, evidence of free-flowing water/brine in particular shipments may be cause for rejection.

Upon inspection of delivered salt, the material shall be uniform in appearance, free flowing and free from visual evidence of foreign matter including but not limited to dirt, stone, chips, trash or any other material that could reasonably be expected to interfere with the use, handling or storage of the salt. Salt shall be received in a free-flowing and usable condition.

The right is reserved to consider truckloads of salt delivered by the Contractor to any one Authorized User on a single day to be a single delivery. Price deductions imposed because of contamination may be imposed on the total day’s delivery.

If the Authorized User accepts contaminated salt (or salt delivered in a lumpy condition which requires reprocessing in order to make it usable) this shall be cause for rejection of the entire delivery, with a replacement delivery to be made at no additional charge to the Authorized User.

If, because of emergency conditions, it is necessary for the Authorized User to accept and reprocess the Salt for use, all costs of reprocessing will be charged to the Contractor.

For operational reasons, an additional 10% price deduction may be placed on the Contractor by the Authorized User after consultation with the Contractor and OGS Procurement Services.

Agencies will submit to OGS supporting documentation for price deduction in regard to contamination. OGS Procurement Services will review and will have final approval as to price deduction applied.

4.11.6 Non-Complying Product – Price Deduction

A non-complying product price deduction is not to be assessed unless the proper analysis and test procedures are followed.

If the Contractor consistently delivers salt found to be outside the specification requirements for moisture content, or consistently not conforming to the gradation requirements, the Contract shall be subject to cancellation either in whole or in parts.

The right is reserved to consider truckloads of salt delivered by the Contractor to any one Authorized User on a single day to be a single delivery. Price deductions imposed because of deviation from specifications may be imposed on the total day’s delivery.

Group 01800 – Road Salt and Treated Salt – Types 1 & 2 (Statewide) PAGE 18

4.11.7 Acceptance

The salt may be rejected if it fails to conform to any of the requirements of this Solicitation or the specifications in Attachment 10 – Road & Treated Salt Specifications.

4.11.8 Weight Tickets

All shipments of bulk salt shall be accompanied by a weight ticket of a licensed weigh master indicating the producer, net weight of the delivery, and in the case of bulk delivery, the stockpile source.

Tickets should be filled out with hauler name (printed and signed) and AU rep name printed and signed (if AU rep is present at the time of delivery).

The certification must bear the weigh master’s signature; weights shall be recorded from a scale equipped with a weight printing device. Handwritten weights are not acceptable without prior approval of OGS.

If handwritten tickets must be used, the Contractor must contact OGS Procurement Services to obtain approval prior to delivery of the order.

4.11.9 Delivery Timetable

Completed delivery, at the latest, is required as follows:

• Contractor is required to deliver orders of 600 tons or less* within three (3) Business Days of Authorized User placing an order.

• Contractors will be required to deliver a minimum of 100 tons per day after the initial 600-ton delivery.

• Multiple orders placed for the same delivery site that overlap will be viewed as a single order, still subject to the overall 100 tons per day minimum delivery.

Single Order

Placed on (Day)

First 600 Tons

Or Less * Delivered by

Over 600 Tons Minimum 100

Tons/Day until completion

Monday Thursday

Tons/Day/Location

Tuesday Friday

Wednesday Monday

Thursday Tuesday

Friday Wednesday *if full amount of order is less than 600 tons

Authorized Users are advised that their supply should be replenished on an ongoing basis, as it is depleted. It is not advised to allow the supply of product on-hand to reach a level that is dangerously low. This can cause undue stress to the delivery network during high levels of demand, which can be compounded by inclement weather conditions that adversely impact transit times for deliveries.

Group 01800 – Road Salt and Treated Salt – Types 1 & 2 (Statewide) PAGE 19

Note: If OGS identifies an ongoing issue indicating that the awarded Contractor is consistently failing to meet the delivery timetable as shown above, then OGS and/or the AU may take steps to initiate the actions listed in Section 4.12 - Provision of Product by Alternate Contractor, for the order(s) that are impacted by the delay.

4.11.10 Delivery Rate Guarantees/Exceptions

From September 1 through the following May 31 of each Contract term, Contractors shall be required to make deliveries within the timetables set forth in Section 4.11.9 - Delivery Timetable. However, from June 1 through August 31 of each Contract term, delivery shall be at the discretion of the Contractor.

Contractor shall notify the Authorized User and OGS Procurement Services promptly regarding any actual or anticipated performance issues, including but not limited to issues such as low supply, late delivery, lack of Product, and insufficient hauling capability.

Contractor shall provide OGS with the following information:

• A summary of the issue

• A description of the impact the issue is anticipated to have on the Contractor’s compliance with OGS contract terms

• A proposed resolution by the Contractor; and

• A plan for remediation of the issue

Failure by the Contractor to do so may result in liquidated damages and/or a buy against in accordance with Section 4.11.11 - Liquidated Damages and Section 4.12.4

– Provision of Product by Alternate Contractor - Buy Against Process.

Although Contractors are expected to make every effort to meet these delivery timeframes, some exceptions may be made for extreme road and/or weather conditions (e.g. roads or waterways that are closed, obstructed, or impassable, due to winter weather conditions).

Allowance for exceptions must be approved by the Office of General Services, Procurement Services, whose decision shall be final.

Delivery will be allowed during the weekend and on State holidays only if the Contractor and the ordering Authorized User mutually agree. No additional remuneration will be made for Saturday, Sunday, or holiday delivery.

4.11.11 Liquidated Damages

During the Contract period, each September through the following May 31, deliveries that do not meet the daily delivery tonnage requirements and/or the established order completions period specified, shall be considered cause for interruption of the proper implementation of the State's winter roadway safety.

OGS Procurement Services and the Contractor agree that in the event of any such delay the awarded Contractor shall pay such amount as liquidated damages.

During times when an Authorized User must work with the Contractor to prioritize/coordinate deliveries due to delays, the Contractor is not absolved from meeting delivery timetable requirements at other locations.

Group 01800 – Road Salt and Treated Salt – Types 1 & 2 (Statewide) PAGE 20

During times of extreme weather activity that impact deliveries system-wide, OGS may consider waiving liquidated damages.

If it is determined that the interruption is caused by non-performance or negligence on the part of the Contractor, OGS Procurement Services and the Contractor presume that in the event of any such delay, the amount of damage that is sustained from a delay in daily delivery tonnage requirements and/or the established order completions period specified, is the greater of either:

1. $100.00 per Business Day per Purchase Order or individual orders against blanket Purchase Orders, as applicable; or

2. 1% of the value of the Purchase Order or individual orders against blanket Purchase Orders, as applicable, for each Business Day that the breach is not cured by the Contractor.

The following options may be used by Authorized Users for deducting amounts due to the Contractor because of liquidated damages:

1. Authorized User may deduct such amount from any money payable to the Contractor, or

2. Authorized User may bill the Contractor separately

Costs incurred include, but are not limited to the following:

• Increased personnel costs due to demurrage.

• Increased costs incurred for treatment of salt on hand to extend usage;

• Costs for clean-up after required application of alternative snow and ice control materials (i.e. salt mixed with sand).

Liquidated damages may be applied to the Contractor only after consultation with the Contractor and OGS Procurement Services. A request for the application of liquidated damages must be made by the Authorized User to OGS within thirty

(30) days of the event. Request for application of Liquidated Damages must contain supporting documentation provided to OGS Procurement Services for review prior to determination.

Liquidated damages may be applied to the Contractor only after consultation with the Contractor and upon receipt of formal approval by OGS Procurement Services.

Group 01800 – Road Salt and Treated Salt – Types 1 & 2 (Statewide) PAGE 21

4.12 Provision of Product by Alternate Contractor

Provision of Product by an Alternate Contractor may be utilized when an awarded Contractor is unable to provide delivery of product required by an Authorized User.

Provision of Product is eligible to be performed by any Contractor that holds an active award with NYS OGS Procurement Services under any Group 01800 Contract.

This clause may be utilized if:

A. The Contractor has failed to perform, either in a single instance or because of an ongoing issue, B. An Authorized User has a need to purchase due to an extenuating circumstance; or C. Authorization for the purchase has been granted by OGS Procurement Services

4.12.1 Lot I – Road Salt

If a Contractor has failed to perform, because of either an isolated incident or an ongoing issue, Authorized Users who filed requirements for the current Road Salt Contracts under Group 01800 – Lot I, may be approved by OGS to make purchases using an alternate Contractor.

If the current awarded Contractor for an OGS Item under Lot I - Road Salt is unable to supply needed Product, the Authorized User may “charge back” the difference in price to the awarded Contractor.. This action will be identified as a “Buy Against”.

If an Authorized User has been impacted by extenuating circumstances, outside of the Contractor’s responsibility to provide product, approval to purchase using an alternate Contractor may be granted by OGS Procurement Services. This action will not result in a charge back to the awarded Contractor and is not dependent on the Authorized User having filed requirements for delivery under Group 01800 Lot I.

4.12.2 Lot II and Lot III – Treated Salt – Types 1 & 2

OGS Procurement Services may, on a case-by-case basis, approve alternate Contractor purchases to be made by Authorized Users who filed requirements under Group 01800 – Lots II and III (Treated Salt – Types 1 & 2) In these cases, Road Salt would be provided in lieu of Treated Salt only if the Treated Salt type is not available or is quoted at a price that is deemed unacceptable by the Authorized User.

Authorized Users may charge back the difference in price to their original Treated Salt Contractor under Group 01800, as applicable.

4.12.3 Provision of Product by Alternate Contractor – Ordering Process After receiving OGS Procurement Services approval, outreach will be performed either by the Authorized User or by OGS to any Contractors awarded a NYS OGS Procurement Services contract under Group 01800 to provide the amount of product required.

Group 01800 – Road Salt and Treated Salt – Types 1 & 2 (Statewide) PAGE 22

The Authorized User or OGS may request a quote from all awarded Contractors and use the results to place a Purchase Order. The quote should specifically address delivery time and ability to deliver which may be a determining factor in the choice of Contractor.

Upon receipt, the information will be reviewed by either the Authorized User or OGS. If OGS facilitated the quotes, then the Contractor and Authorized User will be contacted via email with the final approval to initiate provision of product.

4.12.4 Provision of Product by Alternate Contractor – Buy Against Process Awarded Contractors must supply Product in accordance with the terms of the Contract and instructions on Purchase Orders. In the event of the awarded Contractor’s failure to deliver in accordance with Contract requirements, purchase of a specific quantity (pre-determined by OGS), utilizing an alternate Contractor or the open market at the awarded Contractor’s expense may be authorized by OGS. Such authorized purchases will result in chargeback or “Buy Against” of the cost above the Contract price to the awarded Contractor who fails to comply with delivery terms.

The Authorized User must make OGS Procurement Services aware of the need or of non-delivery/delay in delivery, of product and allow OGS Procurement Services to ascertain if immediate delivery can be made by the awarded Contractor prior to obtaining authorization from OGS Procurement Services to make purchase from an alternate Contractor or a purchase on the open market.

If open market Treated Salt is not readily available, the Authorized User at their discretion may agree to a purchase of Road Salt, in lieu of Treated Salt, for the undelivered quantity or if that option is not available, from the open market.

Any price difference above the Contract price of Treated Salt (Lot II and/or Lot III) will be deducted from future payments or billed to the awarded Contractor. The Contractor of the Road Salt in this case may not be the non-performing awarded Contractor of the Treated Salt (Lot II and/or Lot III). The Authorized User must obtain prior authorization from OGS Procurement Services to utilize this option.

4.12.5 Provision of Product by Alternate Contractor - Buy Against Credit/Refund If the awarded Contractor has failed to perform, the difference between the current awarded price for the applicable Lot and the amount paid for the provision of salt by an alternate Contractor may either be deducted or “charged back” by the Authorized User in one of the following ways:

a). When an invoice is due:

Authorized User may deduct the additional increased amount from the amount due to the awarded Contractor in that invoice under the applicable OGS Item.

Group 01800 – Road Salt and Treated Salt – Types 1 & 2 (Statewide) PAGE 23 b). When an invoice is not due:

The awarded Contractor will issue a credit or refund to the Authorized User for the amount owed as indicated in the executed Buy Against letter issued to the Contractor by OGS Procurement Services. The Authorized User will have the option to indicate which method, either credit or refund, is preferred.

Credits or refunds are required to be issued within thirty days of receipt of the executed Buy Against letter issued to the Contractor by OGS.

Any remaining credited amounts outstanding for Authorized Users shall be converted to a refund and issued prior to contract expiration.

In either case, OGS Procurement Services will receive a copy of the final invoice as well as all the delivery tickets associated with the delivery. Authorized Users should document in detail the following:

• The date Purchase Orders were placed with their current Contractor,

• The quantity(ies) ordered,

• The date(s) and quantity(ies) received,

• Current Inventory, and

• All correspondence with current Contractor relative to late delivery(ies).

This information should be emailed to OGS Procurement Services at:

OGS.sm.SST_roadsalt@ogs.ny.gov Tonnage approved by OGS Procurement Services to be purchased from an alternate Contractor will be deducted from the Authorized Users minimum filed requirement thereby reducing the final tonnage amount required to meet the Contract minimum purchase requirement.

4.13 On-Ground/Delivered Inventory

Contractor shall have the following on-ground/delivered inventory reserved solely for Office of General Services Authorized Users, and shall confirm this information using the form provided by OGS for certification of the tonnage amounts per the schedule listed below:

• October 1, 2026 - 35% of filed requirement for awarded counties

• November 1, 2026 - 50% of filed requirement…