0570023204Historical.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 05700 Motor Oil, Hydraulic Oil, and Diesel Exhaust Fluid (Statewide) Classification Code(s): 15

Award Number : 23204-RA, SW (Replaces Award 23012-RA, SW)

Contract Period : May 3, 2021 through April 19, 2026

Bid Opening Date : August 5, 2020

Date of Issue : May 03, 2021 (Revised August 31, 2021)

Specification Reference : As Incorporated In The Invitation for Bids

Contractor Information : Appears on Page 2 of this Award

Address Inquiries To:

State Agencies & Vendors Political Subdivisions & Others

Name :

Title :

Phone :

E-mail :

Megan Li Contract Management Specialist

(518) 473-8859 Cheung.Li@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

This contract award is for

• Lot 1 - Motor crankcase oil for use in internal combustion engines of both the spark-ignition and the compression-ignition types. All awards for Lot 1 contain re-refined content of at least 55% and meet the Executive Order 4 specification for Lubricating Oil, High Detergent.

• Lot 2 - High-performance hydraulic oil for various equipment including but not limited to snow plowing & material spreader systems, hoisting systems, front-end loaders, aerial devices, excavators, and various other construction devices. All awards for Lot 2 contain re-refined content of at least 55% and meet the Executive Order 4 specification for Hydraulic Oil, High Detergent.

• Lot 3 - Diesel Exhaust Fluid used to assist in the breakdown of NOx into harmless gases.

This award includes 0% MBE, 30% WBE and 6% SDVOB goal requirements.

PR# 23204

https://online.ogs.ny.gov/purchase/spg/awards/0570023204CAN.HTM

GROUP 05700 – Motor Oil, Hydraulic Oil, and Diesel Exhaust Fluid (Statewide) PAGE 2

23204ra2

NOTE: See individual contract items to determine actual awardees.

CONTRACT # CONTRACTOR & ADDRESS TELEPHONE # FED. ID. #/

NYS VENDOR#

PC69328

Reladyne Northeast LLC 35 Drexel Drive Bay Shore, NY 11706

631-234-8900 Ext. 218

30-0882478 1100167406

PC69329

Superior Lubricants Co., Inc.

32 Ward Rd North Tonawanda, NY 14120

716-693-6050 16-1446244 100008206

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

INVOICES MUST BE SENT DIRECTLY TO THE ORDERING AGENCY FOR PAYMENT.

(See "Contract Payments" and "Electronic Payments" in this document.)

AGENCIES 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 AGENCY SHOULD ALSO BE REPORTED TO PROCUREMENT SERVICES.

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.

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.

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

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, GROUP 05700 – Motor Oil, Hydraulic Oil, and Diesel Exhaust Fluid (Statewide) PAGE 3

• 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).

LOTS

There are three (3) Lots, as further described below.

Lot 1: This specification describes motor crankcase oil for use in internal combustion engines of both the spark-ignition and the compression-ignition types.

Lot 2: This specification describes high-performance hydraulic oil for various equipment including but not limited to snow plowing & material spreader systems, hoisting systems, front-end loaders, aerial devices, excavators, and various other construction devices. The equipment using the oil shall be operable during all weather conditions/extremes.

Lot 3: This specification describes Diesel Exhaust Fluid used to assist in the breakdown of NOx into harmless gases.

ZONES

LIST OF COUNTIES IN EACH ZONE

COUNTIES – ZONE NO.

ZONE 1

Albany Greene Rensselaer Saratoga Schenectady Warren Washington

ZONE 2

Fulton Hamilton Herkimer Madison Montgomery Oneida

ZONE 3

Cayuga Cortland Onondaga Oswego Seneca Tompkins

ZONE 5

Cattaraugus Chautauqua Erie Niagara

ZONE 6

Allegany Chemung Schuyler Steuben Yates

ZONE 7

Clinton Franklin Jefferson Lewis St. Lawrence

ZONE 8

Columbia Dutchess Orange Putnam

Rockland Ulster Westchester

ZONE 9

Broome Chenango Delaware Otsego Schoharie Sullivan Tioga

ZONE 10

Nassau Suffolk

ZONE 11

Bronx Kings New York Queens Richmond

ZONE 4

Genesee Livingston Monroe Ontario Orleans Wayne Wyoming

Albany 1 Allegany 6 Bronx 11 Broome 9 Cattaraugus 5 Chemung 6 Chenango 9 Clinton 7 Columbia 8 Cortland 3 Delaware 9 Dutchess 8 Erie 5 Essex 1 Franklin 7 Fulton 2 Genesee 4 Greene 1 Hamilton 2 Herkimer 2

Jefferson 7 Kings 11 Lewis 7 Livingston 4 Madison 2 Monroe 4 Montgomery 2 Nassau 10 New York 11 Niagara 5 Oneida 2 Onondaga 3 Ontario 4 Orange 8 Orleans 4 Oswego 3 Otsego 9 Putnam 8 Queens 11 Rensselaer 1

Richmond 11 Rockland 8 Saratoga 1 Schenectady 1 Schoharie 9 Schuyler 6 Seneca 3 Steuben 6 St. Lawrence 7 Suffolk 10 Tioga 9 Tompkins 3 Ulster 8 Warren 1 Washington 1 Wayne 4 Westchester 8 Wyoming 4 Yates 6

GROUP 05700 – Motor Oil, Hydraulic Oil, and Diesel Exhaust Fluid (Statewide) PAGE 5

DOT Regional Shop Addresses, Phone Numbers, Names of Shop Supervisors

REGION 1

FLEET ADMINISTRATION

21 9TH ST

Waterford, NY 12188 Contact: richard.martin@dot.ny.gov (518 237 5821)

REGION 2

FLEET ADMINISTRATION

10 Harbor Lock Rd W Utica, NY 13502 Contact: william.laforce@dot.ny.gov (315 733 2967)

REGION 3

FLEET ADMINISTRATION

5450 S Bay Rd North Syracuse, NY 13212-3798 CONTACT: bill.chiro@dot.ny.gov (315 458 7000)

REGION 4

FLEET ADMINISTRATION

2797 Clover St Pittsford, NY 14534-1051 Contact: ian.scott@dot.ny.gov (585 586 1252)

REGION 5

FLEET ADMINISTRATION

4717 Southwestern Blvd Hamburg, NY 14075-1999 Contact: james.heintz@dot.ny.gov (716 649 5568)

REGION 6

FLEET ADMINISTRATION

7000 County Route 70A Hornell, NY 14843-9302 Contact: ron.dabolt@dot.ny.gov (607 324 4230)

REGION 7

FLEET ADMINISTRATION

22422 State Route 342 Watertown, NY 13601 Contact: bruce.johnson@dot.ny.gov (315 785 2360)

REGION 8

FLEET ADMINISTRATION

272 Violet Ave Poughkeepsie, NY 12601-1236 Contact: kevin.chapman@dot.ny.gov (845 471 5488)

REGION 9

FLEET ADMINISTRATION

241 Colesville Rd Binghamton, NY 13904 Contact: Richard.boeltz@dot.ny.gov (607 775 6053)

REGIONS 10 &11

FLEET ADMINISTRATION

375 Carleton Ave Central Islip, NY 11722 Contact: paul.goebeler@dot.ny.gov (631 231 6161)

GROUP 05700 – Motor Oil, Hydraulic Oil, and Diesel Exhaust Fluid (Statewide) PAGE 6

TERMS AND CONDITIONS

Specifications

Lot 1 – Motor Oil for Gasoline Engines (Items #1A, 1B, 1C, 2A, 2B, 2C, 3A, 3B, and 3C)

Motor oil for gasoline engines shall:

1. Meet the requirements of the major engine/vehicle manufacturers and shall be classified by SAE and API as service category “SP”.

2. Have the “ILSAC Certification Mark” [referred to in the trade as the “Starburst”] on its container (when so packaged) and shall be similarly identified (API CERTIFIED FOR GASOLINE ENGINES) on its delivery & invoice documentation. These oils shall meet the engine protection sequence test requirements of ILSAC GF-6.

Lot I – Motor oil for diesel engines (Items #4A, 4B, and 4C)

Motor oil for diesel engines shall:

3. Meet the requirements of the major heavy-duty gasoline and light, medium and heavy-duty diesel engine/vehicle/equipment manufacturers and shall be classified by SAE and API as service category “CK-4/SN” or CK-4/SP. Should the awarded product meet CK-4/SN, the contractor may substitute a product meeting “CK-4/SP” when it becomes available provided that the pricing is the same or better than the contract pricing for the respective item.

Lot II: Oil (Hydraulic), High-Performance All-Temperature, Grade 32

Hydraulic Oil shall be a high-performance all-temperature hydraulic oil used for equipment including but not limited to snow plowing & material spreader systems, hoisting systems, front-end loaders, aerial devices, excavators, and various other construction devices. The equipment using the oil shall be operable during all weather conditions/extremes. The oil shall have superior anti-wear, anti-foam, thermo stability, and water/hydrolytic stability characteristics.

The hydraulic oil shall meet the following requirements: (ASTM references shall read as “or latest revision thereof”). All bidders must submit the product’s specification sheet or a letter from the manufacturer certifying that the hydraulic oil offered meets the requirements of this section. The manufacturer’s letter must be valid through the terms of the contract. OGS reserves the right to request additional information for the purposes of verifying that a product meets the requirements of this section.

The State reserves the right to consider other testing methods which are considered comparable to a desired performance property required elsewhere herein. The State’s decision on same shall be final relative to this solicitation.

NOTE: Hydraulic oil provided shall contain no particles larger than that which will pass through a 10-micron filter.

Performance Properties Primary Test Method(s) Requirement ISO Grade (Viscosity) ASTM D2422-97 (2007)

(ISO 3448:1992) 32

Gravity, API ASTM D287-92 (2006) 29.0, minimum and 37.0, maximum

Viscosity Index ASTM D2270-10 (ISO 2909:2002) 150, minimum

Flash Point, COC ASTM D92-05A (2010)

(IP 36)

190 degrees Celsius, minimum (374 degrees Fahrenheit)

Fire Point, COC ASTM D92-05A (2010)

(IP 36)

205 degrees Celsius, minimum (400 degrees Fahrenheit)

Pour Point ASTM D97-08 -37 degrees Celsius, maximum

GROUP 05700 – Motor Oil, Hydraulic Oil, and Diesel Exhaust Fluid (Statewide) PAGE 7

(IP 15) (-35 degrees Fahrenheit) Oxidation ASTM D943-04a (2010) e1 Pass at 2000 hours, minimum Rust Preventers ASTM D665-06 (IP 135) Pass – No visible rust

Hydrolytic Stability ASTM D2619-09 Pass – Acid Number < 4.0 mg KOH per gram and less than 0.2 mg/cm3 of weight loss

Zinc Content By specification or suitable testing method

Specified as ‘Zinc Free’ or tested to show that the product contains 0.04% Zinc by weight, maximum

Anti-Foam ASTM D892-06 e1 (IP 146) Pass – 0 ml foam stability at the end of settling time for each phase

Approvals/Recommended Application Dennison HF-0 Pass Approvals/Recommended Application Vickers M-2950-S Pass Approvals/Recommended Application Cincinnati-Machine P68

The hydraulic oil provided for in Lot 2 shall be colored blue using an oil soluble dyestuff which is completely miscible. The dyestuff shall be added at the factory or distributor/contractor level and shall be reasonably consistent in shade throughout the product. The degree of this blue shading shall readily distinguish this hydraulic oil from other oils present in the event of (a) leak/s.

Lot III: Diesel Exhaust Fluid

Diesel exhaust fluid (also referred to as DEF or AUS 32) is injected into the diesel exhaust stream and the heat from the exhaust, the fluid, and a catalyst convert the NOx into the harmless gases.

Diesel exhaust fluid is a 32.5% solution of technically pure urea in purified water. For the Selective Catalytic Reduction (SCR) unit to operate properly, the DEF must meet an exacting purity standard. This standard, published by the International Organization for Standardization (ISO) number 22241-2, is intended to ensure that the diesel exhaust fluid used in SCR-equipped cars and trucks provides the purity required by diesel engine manufacturers and the quality to preserve the emissions control system and the environment.

All DEF provided by the contractors must meet or exceed the ISO 22241-2 standards and have the API Diesel Exhaust Fluid Certification mark. Bidders must submit specification sheets for all products bid.

Appendices

The following appendices, attached hereto, are hereby expressly made a part of this contract award as fully as if set forth at length herein.

Appendix A – Standard Clauses for NYS Contracts (October 2019) Appendix B – General Specifications (April 2016) Appendix C – Contract Modification Procedure

Contract Term and Extensions

The Contract will be in effect for a term of up to five years. The Contract term shall commence after all necessary approvals and shall become effective upon mailing or electronic communication of the final executed documents to the Contractor (see Appendix B, Contract Creation/Execution).

Pursuant to the Memorandum of Understanding (“MOU”) dated August 15, 2019 between the Offices of the New York State Governor Andrew M. Cuomo (“Executive”), New York State Comptroller Thomas P. DiNapoli (“OSC”), the State University of New York (“SUNY), the State University of New York Construction Fund (“SUCF”), the City University of New York (“CUNY”), and the City University of New York Construction Fund (“CUCF”), procurement documents and contracts awarded under this Solicitation shall have no force and effect and the State bears no liability unless such procurement documents and contracts awarded under this Solicitation are approved by OSC or the pertinent pre-audit review period under the MOU has elapsed.

GROUP 05700 – Motor Oil, Hydraulic Oil, and Diesel Exhaust Fluid (Statewide) PAGE 8

All OGS Centralized Contracts resulting from this Solicitation shall have a co-terminus end date, including those Contracts awarded during any subsequent periodic recruitment. At the State’s option, the Contract may be extended for one (1) year, 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.

The Contract term provided for in this section shall extend 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 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).

Short term Extension

This section shall apply in addition to any rights set forth in Appendix B, Contract Term – Extension. In the event a replacement Contract has not been issued, any Contract let and awarded hereunder by the State may be extended unilaterally by the State for an additional period of up to 30 calendar days upon notice to the Contractor with the same terms and conditions as the original Contract and any approved modifications. With the concurrence of the Contractor, the extension may be for a period of up to 90 calendar days in lieu of 30 calendar days. However, this extension automatically terminates should a replacement Contract be issued in the interim.

Summary of Policy and Prohibitions on Procurement Lobbying

Pursuant to State Finance Law § 139-j and § 139-k, this Solicitation includes and imposes certain restrictions on communications between OGS and a Bidder during the procurement process. A Bidder is restricted from making contacts from the earliest posting, on a governmental entity’s website, in a newspaper of general circulation, or in the procurement opportunities newsletter of intent to solicit offers/Bids through final award and approval of the Procurement Contract by OGS and, if applicable, the Office of the State Comptroller (“restricted period”) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law § 139-j(3)(a). Designated staff, as of the date hereof, are identified on the first page of this Solicitation. OGS employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Bidder pursuant to State Finance Law §139-j and §139-k. Certain findings of non-responsibility can result in rejection for Contract award and, in the event of two findings within a four-year period, the Bidder is debarred from obtaining governmental Procurement Contracts for further information about these requirements can be found on the OGS website at:

https://www.ogs.ny.gov/acpl/.

Price Price shall include all customs duties and charges and be net, F.O.B. destination any point in New York State as designated by the ordering agency including tailgate delivery.

In addition, upon mutual agreement, delivery locations may be expanded per the “Extension of Use” clause. Bids on 55-gallon drums must be on returnable drums only. Non-returnable 55-gallon drums will not be considered for award. No drum deposit charges will be allowed.

Pricing will be collected using Attachment 1 – Pricing in accordance with the Instructions tab listed within Attachment 1.

GROUP 05700 – Motor Oil, Hydraulic Oil, and Diesel Exhaust Fluid (Statewide) PAGE 9

PPI Price Adjustment

Prices will be adjusted every three months of the contract in accordance with the provisions of this clause. The first price adjustment will occur three months after the initial award of the contract and subsequent price adjustments will occur every three months after that. There will be no price adjustments during the first three months of the contract.

The price adjustment will be calculated by multiplying the awarded bid pricing by a ‘Price Adjustment Factor’ calculated in accordance with the following formula:

Price Adjustment Factor =

For Lot 1 – Motor Oil and Lot 2 – Hydraulic Oil, the “Finalized Monthly PPI Data” as used in the “Price Adjustment Factor” formula means the latest finalized monthly PPI data (i.e., data that does not include a “(P)” next to the posted PPI figure) for series ID PCU324191324191 ‘PPI industry data for Petroleum lubricating oil and grease mfg., not seasonally adjusted’ published by the U.S. Department of Labor, Bureau of Labor Statistics (BLS).

For Lot 3 – Diesel Exhaust Fluid, the “Finalized Monthly PPI Data” as used in the “Price Adjustment Factor” formula means the latest finalized monthly PPI data (i.e., data that does not include a “(P)” next to the posted PPI figure) for Product Code 067909 – Other Miscellaneous Chemical Products, published by the U.S. Department of Labor, BLS.

The Price Adjustment Factor shall be rounded to the nearest thousandth.

The State reserves the right to modify or correct miscalculations or errors in the PPI Price Adjustment as set forth in this Section.

Example The example below is strictly for illustration purposes and may not reflect actual changes in the PPI and any allowable adjustments in price that might occur during the Contract term.

A Price Adjustment calculated on January 1, 2019 for a contract that was awarded in February of 2018:

• The ‘Finalized Monthly PPI Data Three Months prior to the Month of the Adjustment’

= 454.5 (October of 2018)

• The ‘Finalized Monthly PPI Data for the Month/Year of the bid opening’ = 430.7 (Feb of

2018)

• The ‘Price Adjustment Factor’ = 454.5/430.7 = 1.055 (rounded to the nearest thousandth)

• The awarded bid pricing will be multiplied by 1.055 to calculate the adjusted contract pricing.

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

(Finalized Monthly PPI Data Three Months prior to the Month of the Adjustment) (Finalized Monthly PPI Data for the Month/Year of the bid opening)

GROUP 05700 – Motor Oil, Hydraulic Oil, and Diesel Exhaust Fluid (Statewide) PAGE 10 in the Contract terms and/or pricing is mutually agreeable, the State may terminate the Contract upon 10 business days written notice mailed to the Contractor.

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, e-mail, 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 User name, and sales representative (if applicable).

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.

Minimum Order

Lot I:

Minimum order for items by unit of measurement: quarts shall be 12 cases of 12 quarts each (36 total gallons);

55-gallon drums shall be two (2) drums; bulk delivery shall be 150 gallons. Contractor may elect to honor orders for less than the minimum order at no additional cost.

Lot II:

Minimum order shall be one (1) 55-gallon drum.

Lot III:

Minimum order for items by unit of measurement: quarts shall be 12 cases of 12 quarts each (36 total gallons);

55-gallon drums shall be two (2) drums; 225-gallon container shall be one (1) container; bulk delivery shall be 150 gallons. Contractor may elect to honor orders for less than the minimum order at no additional cost.

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 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

GROUP 05700 – Motor Oil, Hydraulic Oil, and Diesel Exhaust Fluid (Statewide) PAGE 11

• Product Descriptions

• Unit Price

• Quantity

• 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/content/vendor-information.

Product Delivery

Delivery of all Contract Products shall be made in accordance with Appendix B, §31 Product Delivery and §33 Shipping/Receipt of Product and in accordance with instructions on the Purchase Order from each Authorized User. If there is a discrepancy between the Purchase Order and Appendix B, it is the Contractor’s obligation to seek clarification from the ordering Authorized User and, if applicable, from OGS Procurement Services.

Normal deliveries are considered to be Monday thru Friday (8:00 am - 5:00 pm). Saturday/Sunday deliveries are not standard and are to be made at the request of the Authorized User and by agreement of the Contractor

ONLY.

Contractor must be prepared at all times to make prompt delivery. Contractor may state the maximum time a delivery will take from the moment of order, but the time shall never exceed 30 calendar days.

Failure to deliver within such timeframe may result in an Authorized User’s submission of a Contract Performance Report to OGS. In addition to any available remedies per Appendix B, Section 48 Remedies for Breach, (a), (d) and (e), the Authorized User shall have the right to purchase sufficient Motor or Hydraulic Oil or Diesel Exhaust Fluid on the open market and to charge any increase in price paid over the current contract price to the account of the Contractor.

PETROLEUM TRANSFER REQUIREMENTS

For bulk deliveries, Authorized Users shall be responsible for ensuring that tanks or other receptacles are appropriate and accessible to the Contractor and, if necessary, that receiving personnel are available at time of delivery. Failure of the Authorized User to make appropriate delivery arrangements, which prevents the delivery of product upon Contractor’s arrival at delivery site, may result in a charge to the Authorized User for the Contractor’s transportation costs. The Contractor must notify the Authorized User of the attempted delivery prior to charging for any future delivery attempts for the same circumstance. At no time should a charge be applied to an Authorized User for an attempted delivery that failed at no fault of their own.

For bulk deliveries, Contractor shall ensure accurate measurement of quantities delivered. All deliveries must be accompanied by a Delivery Ticket showing Product and Number of Gallons Delivered.

Where applicable, it is the responsibility of the Contractor to conduct deliveries in accordance with petroleum bulk storage (PBS) or other regulations. This may require compliance with unloading/loading provisions of the U.S. Hazardous Material Transportation Standards at 49 CFR part 177.843 as well as the obligation to report spills to the NYSDEC spills hotline and other provisions of the PBS regulation.

Contract Administration

The Bidder 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. Bidder shall also provide an Emergency Contact in the event of an emergency occurring after business hours or on weekend/holidays.

Bidder shall provide a dedicated Contract Administrator to support the updating and management of the Contract on a timely basis. Information regarding the Customer Service, Emergency Contact, and Contract Administrator shall be set forth in Attachment 5 – Bidder Information Questionnaire. Contractor must notify OGS within five

GROUP 05700 – Motor Oil, Hydraulic Oil, and Diesel Exhaust Fluid (Statewide) PAGE 12

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.

NYS Financial System (SFS)

New York State is currently operating on an Enterprise Resource Planning (ERP) system, Oracle PeopleSoft software, referred to as the Statewide Financial System (SFS). SFS is currently on PeopleSoft Financials version

9.2. SFS supports requisition-to-payment processing and financial management functions.

The State is also implementing an eProcurement application that supports the requisitioning process for State Agencies to procure Products in SFS. This application provides catalog capabilities. Contractors with Centralized Contracts have the ability to provide a “hosted” or “punch-out” catalog that integrates with SFS and is available to Authorized Users via a centralized eMarketplace website. Additional information may be found at:

https://ogs.ny.gov/procurement/emarketplace

There are no fees required for a Contractor’s participation in the catalog site development or management. Upon completion and activation of an on-line catalog, State Agencies will process their orders through the SFS functionality and other Authorized Users can access the catalog site to fulfill orders directly.

The State may be implementing additional PeopleSoft modules in the near future. Further information regarding business processes, interfaces, and file layouts currently in place may be found at: http://www.sfs.ny.gov and http://www.osc.state.ny.us/agencies/guide/MyWebHelp/.

Web-Based 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, e-mail, 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 User name, and sales representative (if applicable).

Accessibility of Web-Based Information and Applications Policy

Contractor is solely responsible for administration, content, intellectual property rights and all materials at Contractor’s website. Contractor is solely responsible for its actions and those of its agents, employees, resellers, Subcontractors or assigns, and agrees that neither Contractor nor any of the foregoing has any authority to act or speak on behalf of the State. As applicable, Contractor agrees to comply with the Office of Information Technology Services policy NYS-P08-005 Accessibility of Web-Based Information and Applications, as may be amended, the stated purpose of which is to make State Agency web-based intranet and internet information accessible for persons with disabilities. The following language is incorporated into any Contract resulting from this Solicitation:

Any web-based information and applications development, or programming delivered pursuant to the Contract or procurement, will comply with New York State Enterprise IT Policy NYS-P08-005, Accessibility of Web-Based Information and Applications as such policy may be amended, modified or superseded, which requires that State Agency web-based information and applications are accessible to persons with disabilities. Web-based information and applications must conform to New York State Enterprise IT Policy NYS-P08-005. Quality assurance testing may be conducted by the State and the results of such testing, if performed, must be satisfactory to the State before web-based information and applications will be considered a qualified deliverable under the Contract or procurement.

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Americans with Disabilities Act (ADA)

The federal ADA bars employment discrimination and requires all levels of government to provide necessary and reasonable accommodations to qualified workers with disabilities. Bidder is required to identify and offer any Products it manufactures or adapts that may be used or adapted for use by persons with visual, hearing, or any other physical disabilities. Although it is not mandatory for Bidder to have these Products in order to receive an award, it is necessary to identify any such Products offered that fall into the above category.

N.Y. State Finance Law § 139-l – Sexual Harassment

Pursuant to N.Y. State Finance Law § 139-l, every bid made on or after January 1, 2019 to the State or any public department or agency thereof, where competitive bidding is required by statute, rule or regulation, for work or services performed or to be performed or goods sold or to be sold, and where otherwise required by such public department or agency, shall contain a certification that the bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of N.Y. State Labor Law § 201-g.

N.Y. State Labor Law § 201-g provides requirements for such policy and training and directs the Department of Labor, in consultation with the Division of Human Rights, to create and publish a model sexual harassment prevention guidance document, sexual harassment prevention policy and sexual harassment prevention training program that employers may utilize to meet the requirements of N.Y. State Labor Law § 201-g. The model sexual harassment prevention policy, model sexual harassment training materials, and further guidance for employers, can be found online at the following URL: https://www.ny.gov/combating-sexual-harassment-workplace/employers.

Pursuant to N.Y. State Finance Law § 139-l, any bid by a corporate bidder containing the certification required above shall be deemed to have been authorized by the board of directors of such bidder, and such authorization shall be deemed to include the signing and submission of such bid and the inclusion therein of such statement as the act and deed of the bidder.

If the Bidder cannot make the required certification, such Bidder shall so state and shall furnish with the bid a signed statement that sets forth in detail the reasons that the Bidder cannot make the certification. After review and consideration of such statement, OGS may reject the bid or may decide that there are sufficient reasons to accept the bid without such certification.

The certification required above can be found on Attachment 02 – NYS Required Certifications, which Bidder must submit with its bid.

Insurance

The Contractor shall maintain in force at all times during the terms of the Contract, policies of insurance pursuant to the requirements outlined in Attachment 04 – Insurance Requirements.

Report of Contract Usage

Contractor shall submit Attachment 08 – Report of Contract Usage including total sales to Authorized Users of this Contract by Contractor, and all authorized resellers, dealers and distributors, if any, no later than 10 days after the close of each calendar quarter. If the Contract period begins or ends in a fractional portion of a reporting period, only the actual Contract sales for this fractional period should be included in the quarterly report.

Contractors shall specify if any authorized resellers, dealers or distributors are NYS Certified Minority- and/or Women-Owned Business Enterprises (MWBEs), small business enterprises (SBEs), or Service-Disabled Veteran-Owned Businesses (SDVOBs).

The report is to be submitted electronically via e-mail in Microsoft Excel to OGS Procurement Services, to the attention of the individual listed on the front page of the Contract Award Notification and shall reference the Contract Group Number, Award Number, Contract Number, Sales Period, and Contractor's name.

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The report in Attachment 08 – Report of Contract Usage contains the minimum information required. Additional related sales information, such as detailed user purchases may be required by OGS and must be supplied upon request. Failure to submit reports on a timely basis may result in Contract cancellation and designation of Contractor as non-responsible.

M/WBE Goals

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

I. New York State Law

Pursuant to New York State Executive Law Article 15-A and Parts 140-145 of Title 5 of the New York Codes, Rules and Regulations (“NYCRR”), the New York State Office of General Services (“OGS”) is required to promote opportunities for the maximum feasible participation of New York State-certified Minority- and Women-owned Business Enterprises (“MWBEs”) and the employment of minority group members and women in the performance of OGS contracts.

II. General Provisions

A. OGS is required to implement the provisions of New York State Executive Law Article 15-A and 5

NYCRR Parts 140-145 (“MWBE Regulations”) for all State contracts as defined therein, with a value (1) in excess of $25,000 for labor, services, equipment, materials, or any combination of the foregoing or (2) in excess of $100,000 for real property renovations and construction.

B. The Contractor agrees, in addition to any other nondiscrimination provision of the Contract and at no additional cost to OGS, to fully comply and cooperate with OGS in the implementation of New York State Executive Law Article 15-A and the regulations promulgated thereunder. These requirements include equal employment opportunities for minority group members and women (“EEO”) and contracting opportunities for MWBEs. Contractor’s demonstration of “good faith efforts” pursuant to 5 NYCRR §142.8 shall be a part of these requirements. These provisions shall be deemed supplementary to, and not in lieu of, the nondiscrimination provisions required by New York State Executive Law Article 15 (the “Human Rights Law”) or other applicable federal, State or local laws.

C. Failure to comply with all of the requirements herein may result in a finding of non-responsiveness, a finding of non-responsibility, breach of contract, withholding of funds, liquidated damages pursuant to clause IX of this section, and/or enforcement proceedings as allowed by the Contract and applicable law.

III. Equal Employment Opportunity (EEO)

A. The provisions of Article 15-A of the Executive Law and the rules and regulations promulgated thereunder pertaining to equal employment opportunities for minority group members and women shall apply to all Contractors, and any subcontractors, awarded a subcontract over $25,000, for labor, services, including legal, financial and other professional services, travel, supplies, equipment, materials, or any combination of the foregoing, to be performed for, or rendered or furnished to, the contracting State agency (the “Work”) except where the Work is for the beneficial use of the Contractor.

1. Contractor and subcontractors shall undertake or continue existing EEO programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status.

For these purposes, EEO shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation. This requirement does not apply to: (i) the performance of work or the provision of services or any other activity that is unrelated, separate or distinct from the Contract;

or (ii) employment outside New York State.

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2. By entering into this Contract, Contractor certifies that the text set forth in clause 12 of

Appendix A, attached hereto and made a part hereof, is Contractor’s equal employment opportunity policy. In addition, Contractor agrees to comply with the Non-Discrimination Requirements set forth in clause 5 of Appendix A.

B. Form EEO 100 - Staffing Plan.

To ensure compliance with this section, the Contractor agrees to submit or has submitted with the Bid a staffing plan on Form EEO 100 to OGS to document the composition of the proposed workforce to be utilized in the performance of the Contract by the specified categories listed, including ethnic background, gender, and federal occupational categories.

C. Form EEO 101 - Workforce Utilization Reporting Form (Commodities and Services) (“Form EEO-

101-Commodities and Services”)

1. The Contractor shall submit, and shall require each of its subcontractors to submit, a Form EEO-101-Commodities and Services to OGS to report the actual workforce utilized in the performance of the Contract by the specified categories listed including ethnic background, gender, and Federal occupational categories. The Form EEO-101-Commodities and Services must be submitted electronically to OGS at EEO_CentCon@ogs.ny.gov on a quarterly basis during the term of the Contract by the 10th day of April, July, October, and January.

2. Separate forms shall be completed by Contractor and any subcontractor.

3. In limited instances, the Contractor or subcontractor may not be able to separate out the workforce utilized in the performance of the Contract from its total workforce. When a separation can be made, the Contractor or subcontractor shall submit the Form EEO-101- Commodities and Services and indicate that the information provided relates to the actual workforce utilized on the Contract. When the workforce to be utilized on the Contract cannot be separated out from the Contractor's or subcontractor's total workforce, the Contractor or subcontractor shall submit the Form EEO-101-Commodities and Services and indicate that the information provided is the Contractor's or subcontractor’s total workforce during the subject time frame, not limited to work specifically performed under the Contract.

D. Contractor shall comply with the provisions of the Human Rights Law, all other State and federal statutory and constitutional non-discrimination provisions. Contractor and subcontractors shall not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest.

IV. Contract Goals

A. OGS hereby establishes an overall goal of 30% for MWBE participation, 0% for Minority-Owned

Business Enterprises (“MBE”) participation and 30% for Women-Owned Business Enterprises (“WBE”) participation (based on the current availability of qualified MBEs and WBEs). The total Contract goal can be obtained by utilizing any combination of MBE and /or WBE participation for subcontracting and supplies acquired under the Contract.

B. For purposes of providing meaningful participation by MWBEs on the Contract and achieving the

Contract goals established in clause IV-A hereof, Contractor should reference the directory of New York State Certified MWBEs found at the following internet address:

https://ny.newnycontracts.com/FrontEnd/VendorSearchPublic.asp?TN=ny&XID=2528. The MWBE Regulations are located at 5 NYCRR § 140 – 145. Questions regarding compliance with MWBE participation goals should be directed to the Designated Contacts within the OGS Office of Minority- and Women Owned Businesses Enterprises. Additionally, following Contract execution, Contractor is encouraged to contact the Division of Minority and Women’s Business Development

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((518) 292-5250; (212) 803-2414; or (716) 846-8200) to discuss additional methods of maximizing participation by MWBEs on the Contract.

C. Contractor must document “good faith efforts” to provide meaningful participation by MWBEs as subcontractors or suppliers in the performance of the Contract (see clause VII below).

V. MWBE Utilization Plan

A. In accordance with 5 NYCRR § 142.4, Bidders are required to submit a completed Utilization Plan on Form MWBE 100 with their bid.

B. The Utilization Plan shall list the MWBEs the Bidder intends to use to perform the Contract, a description of the Contract scope of work the Bidder intends the MWBE to perform to meet the goals on the Contract, the estimated or, if known, actual dollar amounts to be paid to an MWBE.

By signing the Utilization Plan, the Bidder acknowledges that making false representations or including information evidencing a lack of good faith as part of, or in conjunction with, the submission of a Utilization Plan is prohibited by law and may result in penalties including, but not limited to, termination of a contract for cause, loss of eligibility to submit future bids, and/or withholding of payments. Any modifications or changes to the agreed participation by New York State Certified MWBEs after the Contract award and during the term of the Contract must be reported on a revised MWBE Utilization Plan and submitted to OGS.

C. By entering into the Contract, Bidder/Contractor understands that only sums paid to MWBEs for the performance of a commercially useful function, as that term is defined in 5 NYCRR § 140.1, may be applied towards the achievement of the applicable MWBE participation goal. When an MWBE is serving as a broker on the Contract, only 25 percent of all sums paid to a broker shall be deemed to represent the commercially useful function performed by the MWBE

D. OGS will review the submitted MWBE Utilization Plan and advise the Bidder of OGS acceptance or issue a notice of deficiency within 30 days of receipt.

E. If a notice of deficiency is issued; Bidder agrees that it shall respond to the notice of deficiency, within seven (7) business days of receipt, by submitting to OGS a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by OGS to be inadequate, OGS shall notify the Bidder and direct the Bidder to submit, within five (5) business days of notification by OGS, a request for a partial or total waiver of MWBE participation goals on Form BDC 333. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal.

F. OGS may disqualify a Bidder’s bid/proposal as being non-responsive under the following circumstances:

(a) If a Bidder fails to submit an MWBE Utilization Plan;

(b) If a Bidder fails to submit a written remedy to a notice of deficiency;

(c) If a Bidder fails to submit a request for waiver; or

(d) If OGS determines that the Bidder has failed to document good faith efforts.

G. If awarded a Contract, Contractor certifies that it will follow the submitted MWBE Utilization Plan for the performance of MWBEs on the Contract pursuant to the prescribed MWBE goals set forth in clause IV-A of this Section.

H. Bidder/Contractor further agrees that a failure to submit and/or use such completed MWBE

Utilization Plan shall constitute a material breach of the terms of the Contract. Upon the occurrence of such a material breach, OGS shall be entitled to any remedy provided herein, including but not limited to, a finding of Contractor non-responsiveness.

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VI. Request for Waiver

A. Prior to submission of a request for a partial or total waiver, Bidder shall contact the Designated Contacts listed on page 1 of this document for guidance.

B. In accordance with 5 NYCRR § 142.7, a Bidder/Contractor who…