3210023357a.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 32100 Snow & Ice Control Agents (Statewide)

Classification Code(s): 12

Award Number : 23357 (Replaces Award 23268)

Contract Period : October 9, 2024 through September 30, 2026

Bid Opening Date : July 25, 2024

Date of Issue : October 10, 2024

Specification Reference : As Incorporated In The Invitation for Bids

Contractor Information : Appears on Page 4 of this Award

Address Inquiries To:

Name :

Title :

Phone :

E-mail :

Brandy Alden Contract Management Specialist 2 518-408-1140 Brandy.alden@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 Snow & Ice Control Agents to be provided to various locations throughout the State for all Authorized Users eligible to purchase through this statewide contract includes the following:

• Liquid Calcium Chloride corrosion inhibited

• Liquid Calcium Chloride with Organic Based Performance Enhancer (OBPE)

• Liquid Magnesium Chloride corrosion inhibited

• Liquid Magnesium Chloride with OBPE

• Treated Salt in bulk (Types 1 & 2)

• Calcium Chloride (to be offered in 50 lb. bags of flake or pellet form) Flake Type S Grade 1 Class A Flake Type S Class A Pellet Type S Grade 2 Class B

• Solar Salt for brine making (in bulk or totes) This Award has 5% MBE, 5% WBE and 0% SDVOB goal requirements for Regions 1,3,4,5,8,10 &11.

This Award has 0% MBE, 0% WBE and 0% SDVOB goal requirements for Regions 6,7 & 9.

PR #23357

https://ogs.ny.gov/award-23357

GROUP 32100 - Snow & Ice Control Agents (Statewide) AWARD PAGE 2

(continued) 23357a

Table of Contents

SECTION 1: CONTRACTOR INFORMATION

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: CONTRACT ADMINISTRATION

SECTION 3: SPECIFICATIONS

3.1 Region Chart

SECTION 4: NYSDOT REGION MAP

SECTION 5: INFORMATION FOR AUTHORIZED USERS

5.1 Procurement Instructions for Authorized Users

5.2 Non-State Agencies Participation in Centralized Contracts

SECTION 6: TERMS & CONDITIONS

6.1 Contract Term and Extensions

6.2 Short term Extension

6.3 Price

6.4 Fuel Price Adjustment

6.5 Price Reductions

6.6 Quick Quote

6.7 Best Pricing Offer

6.8 Price Structure

6.9 Ordering

6.10 Minimum Order

6.11 Purchasing Card Orders

6.12 Invoicing and Payment

6.13 Product Delivery

6.14 Weigh Tickets

6.15 Product Sustainability and Liability

6.16 Unanticipated Excessive Purchase

6.17 NYS Financial System (SFS)

6.18 Americans with Disabilities Act (ADA)

6.19 N.Y. State Finance Law § 139-l

6.20 Insurance

6.21 Report of Contract Usage

6.22 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

GROUP 32100 - Snow & Ice Control Agents (Statewide) AWARD PAGE 3

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

6.24 Use of Recycled or Remanufactured Materials

6.25 Environmental Sustainability and NYS Executive Order Number 22

6.26 Consumer Products Containing Mercury

6.27 Diesel Emission Reduction Act

6.28 Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or

Equipment

6.29 Overlapping Contract Products

6.30 Preferred Source Products

6.31 “OGS or Less” Guidelines

6.32 Non-State Agencies Participation in Centralized Contracts

6.33 Extension of Use

6.34 New Accounts

6.35 Centralized Contract Modifications

6.36 Drug and Alcohol Use Prohibited

6.37 Traffic Infractions

6.38 Samples

6.39 Re-Weighing Product

6.40 Contract Documents; Electronic Format

6.41 New York State Buy American Salt Act

GROUP 32100 - Snow & Ice Control Agents (Statewide) AWARD PAGE 4

SECTION 1: CONTRACTOR INFORMATION

1.1 Contractor Information

NOTE: See individual contract items to determine actual awardees.

Contact information for placing NYS Contract Orders and additional contractor info is provided in included within the PRICING document for this award found at the OGS website here:

https://ogs.ny.gov/award-23357

Contract # Contractor Name & Address Contract Admin Fed ID#/

NYS Vendor ID# PC70472 All State Construction Inc DBA Phone #: 518-462-5401 x109 04-2216868 Gorman Construction Contact: Kayla Bessette 1000011021

200 Church St Title: Contract Admin

Albany, NY 12202 E-mail: kbessette@asmg.com

PC70473 American Rock Salt Co LLC Phone #: 585-991-6817 16-1516458 PO Box 190 Contact: Jamie McClain 1000008297

Mt. Morris, NY 14510 Title: Marketing Manager

E-mail: Jamie.mcclain@americanrocksalt.com

PC70474 Apalachee LLC Phone #: 585-442-4131 47-2089879 1423 Highland Ave Contact: Ellen Pouthier 1100213604

Rochester, NY 14620 Title: VP Sales

E-mail: Sales@apalacheesalt.com

PC70475 Cargill Incorporated – Salt, Road Safety Phone #: 607-542-6038 41-0177680

24950 Country Club Blvd, Suite 450 Contact: Adam Donegan 1000048669

North Olmstead, OH 44070 Title: Gov Sales Lead

E-mail: Adam_donegan@cargill.com

PC70476 Da-Lee Group Inc DBA Phone #: 905-643-1135 86-3132183 Calcium Chloride Sales Contact: Josh Powell 1100277490

713 W Main St Title: Business Analyst

Grove City, PA 16127 E-mail: Josh@daleegroup.com

GROUP 32100 - Snow & Ice Control Agents (Statewide) AWARD PAGE 5

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

PC70477 Dynasty Chemical Corp Phone #: 518-463-1146 14-1583464 444 North Pearl St Contact: Kurt Waldman 1100005394

Albany, NY 12204 Title: VP Operations

E-mail: kwaldman@dynastychemical.com

PC70478 Innovative Municipal Products (US) Inc DBA Phone #: 518-729-4319 51-0375765

Innovative Surface Solutions Contact: Chad Bauder 1000009401

454 River Road Title: VP Planning & Dev

Glenmont, NY 12077 E-mail: bids@innovativecompany.com

PC70479 Morton Salt Inc Phone #: 312-807-2384 27-3146174 444 West Lake St, Suite 2900 Contact: Na-tia Douglas 1100010394

Chicago, IL 60606 Title: Senior Bid Analyst

E-mail: ndouglas@mortonsalt.com

PC70480 Peckham Materials Corp Phone #: 518-945-1120 14-1470013 763 Schoharie Turnpike Contact: Jeri Camputaro 1000006732

Athens, NY 12015 Title: Inside Sales

E-mail: jcamp@peckham.com

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

AGENCIES SHOULD NOTIFY NEW YORK STATE OGS 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.

GROUP 32100 - Snow & Ice Control Agents (Statewide) AWARD PAGE 6

1.2 Overview

This Solicitation is issued by the New York State (“NYS”) Office of General Services (“OGS”), Procurement Services for Snow and Ice Control Agents as specified herein for all Authorized Users eligible to purchase through this Solicitation.

1.3 Scope

The resultant contract(s) are to provide the following to various locations throughout the State:

• Liquid Calcium Chloride corrosion inhibited

• Liquid Calcium Chloride with Organic Based Performance Enhancer (OBPE)

• Liquid Magnesium Chloride corrosion inhibited

• Liquid Magnesium Chloride with OBPE

• Treated Salt in bulk (Types 1 & 2)

• Calcium Chloride (to be offered in 50 lb. bags of flake or pellet form)

Flake Type S Grade 1 Class A Flake Type S Class A Pellet Type S Grade 2 Class B

• Solar Salt for brine making (in bulk or totes)

State and eligible non-state agencies may participate. OGS Items are bid by individual county or by NYSDOT Region (each Region contains a group of counties) depending on the Lot. See Section 3.2 - Region Chart for a detailed description of counties in each Region. LOT

LOT OGS Item Description Awarded by:

Region OR County

Lot 1 Liquid Calcium Chloride corrosion inhibited Region

Lot 2 Liquid Calcium Chloride with OBPE Region

Lot 3 Liquid Magnesium Chloride corrosion inhibited Region

Lot 4 Liquid Magnesium Chloride with OBPE Region

Lot 5 Treated Salt Type 1 (in bulk) County

Lot 6 Treated Salt Type 2 (in bulk) County

Lot 7 Calcium Chloride Flake ASTM Type S Grade 1 Class A NO AWARD

Lot 8 Calcium Chloride Flake ASTM Type S Class A Region

Lot 9 Calcium Chloride Pellet ASTM Type S Grade 2 Class B Region

Lot 10 Solar Salt for brine making (in bulk) County

Lot 11 Solar Salt for brine making (in totes) Region

GROUP 32100 - Snow & Ice Control Agents (Statewide) AWARD 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 $1,100,000.00 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. Authorized Users will be encouraged to purchase from Contractors who offer the Products and pricing that best meet their needs in the most practical and economical manner. 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 of quantities to be purchased, nor is there any 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.

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

GROUP 32100 - Snow & Ice Control Agents (Statewide) AWARD 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).

SECTION 2: CONTRACT ADMINISTRATION

The 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 32100 - Snow & Ice Control Agents (Statewide) AWARD PAGE 9

SECTION 3: SPECIFICATIONS

See Attachment – Snow & Ice Control Agents Specifications for general and detailed specifications and Lot structuring for the following products included in this Solicitation:

• Liquid Calcium Chloride corrosion inhibited.

• Liquid Calcium Chloride with Organic Based Performance Enhancer (OBPE)

• Liquid Magnesium Chloride corrosion inhibited.

• Liquid Magnesium Chloride with OBPE

• Treated Salt in bulk (Types 1 & 2)

• Calcium Chloride (to be offered in 50 lb. bags in flake or pellet form) as:

Flake Type S Grade 1 Class A

Flake Type S Class A

Pellet Type S Grade 2 Class B

• Solar Salt for brine making (bulk or 1-ton totes)

3.1 Region Chart

Regions for Lots 1, 2, 3, 4, 7, 8, & 9 are grouped by Counties as indicated below:

Region 1 Region 2 Region 3 Region 4 Region 5 Region 6 Albany Essex Greene Rensselaer Saratoga Schenectady Warren Washington

Fulton Hamilton Herkimer Madison Montgomery Oneida

Cayuga Cortland Onondaga Oswego Seneca Tompkins

Genesee Livingston Monroe Ontario Orleans Wayne Wyoming

Cattaraugus Chautauqua Erie Niagara

Allegany Chemung Schuyler Steuben Yates

Region 7 Region 8 Region 9 Region 10 Region 11 Clinton Franklin Jefferson Lewis St. Lawrence

Columbia Dutchess Orange Putnam Rockland Ulster Westchester

Broome Chenango Delaware Otsego Schoharie Sullivan Tioga

Nassau Suffolk

Bronx Kings Queens New York Richmond

GROUP 32100 - Snow & Ice Control Agents (Statewide) AWARD PAGE 10

SECTION 4: NYSDOT REGION MAP

GROUP 32100 - Snow & Ice Control Agents (Statewide) AWARD PAGE 11

SECTION 5: INFORMATION FOR AUTHORIZED USERS

5.1 Procurement Instructions for Authorized Users

The resultant Contracts will be issued under a multiple award structure. Authorized Users shall procure Products that best meet their form, function, and utility requirements.

Pursuant to State Finance Law § 163(10)(c), at the time of purchase, Authorized Users must base their selection among multiple Contracts upon which is the most practical and economical alternative that is in the best interests of the State.

Authorized Users shall purchase from the lowest priced product for an OGS Item unless the product does not meet their form, function and utility requirements, is unavailable for delivery, or the Authorized User can document for the Procurement Record a rationale for the purchase of other than the lowest priced product, provided however, that in accordance with the New York State Buy American Salt Act, an Authorized User may, at the Authorized User’s discretion, purchase rock salt or sodium chloride that is mined or hand harvested in the United States when it is within ten percent (10%) of the lowest price per item, rather than from the lowest responsible and reliable bidder for that item.

5.2 Non-State Agencies Participation in Centralized Contracts New York State political subdivisions and others authorized by New York State law may participate in Centralized Contracts. These include, but are not limited to, local governments, public authorities, public school and fire districts, public and nonprofit libraries, and certain other nonpublic/nonprofit organizations. See Appendix B, Participation in Centralized Contracts. For Purchase Orders issued by the Port Authority of New York and New Jersey (or any other authorized entity that may have delivery locations adjacent to New York State), the terms of the Price clause shall be modified to include delivery to locations adjacent to New York State.

Upon request, all eligible non-State agencies must furnish Contractors with the proper tax exemption certificates and documentation certifying eligibility to use State contracts. A list of categories of eligible entities is available on the OGS web site (https://online.ogs.ny.gov/purchase/snt/othersuse.asp).

Questions regarding an organization's eligibility to purchase from New York State Contracts may also be directed to NYS Procurement Services Customer Services at 518-474-6717.

GROUP 32100 - Snow & Ice Control Agents (Statewide) AWARD PAGE 12

SECTION 6: TERMS & CONDITIONS

6.1 Contract Term and Extensions

A. Base Term. The Contract shall be in effect for up to two (2) years. The Contract term shall commence after all necessary approvals and shall become effective October 1, 2024, or upon the date of OSC approval of the final executed documents, whichever is later. The contract term shall end September 30, 2026.

B. Extensions. At the State’s option, and subject to the approval of OSC, the Contract may be extended for up to 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 may be exercised either separately or in combination with the one (1) year extension period set forth in Appendix B, Contract Term – Extension.

C. 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).

6.2 Short term Extension

This section shall apply in addition to any rights set forth in Appendix B, Contract Term – Extension, and may be used either before the extension referenced in Appendix B, or after. In the event that OGS determines that a short term extension is in the best interests 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 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 90 calendar days in lieu of 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.

6.3 Price

Prices submitted will be a fixed, base price for the contract term.

Lots 1 – 4 Price shall include all customs duties and charges, and be net per gallon, freight on board (FOB) destination to any point in New York State as designated by the ordering Authorized User within the respective region.

Lots 5, 6, 10 Price shall include all customs duties and charges, and be net per ton, FOB destination to any point in New York State as designated by the ordering Authorized User within the respective county.

Lots 7 – 9, 11 Price shall include all customs duties and charges, and be net per ton, FOB destination to any point in New York State as designated by the ordering Authorized User within the respective region (tailgate delivery).

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6.4 Fuel Price Adjustment

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

• Amount of adjustment may be added or deducted from contract pricing based on prices posted in the "U.S. Energy Information Administration Retail On-Highway Diesel Prices" (EIA). The New England PADD 1A shall be the designated posting for the adjustments. If this source becomes unavailable, unworkable, or unsuitable, then another source may be selected by NYS OGS Procurement Services.

• The base rate used for calculating adjustments shall be the rate shown in the referenced EIA on the date of the bid opening and adjustments will be permitted monthly. The monthly average will be arrived at by using the Monday prices for a given month as displayed in the EIA and determining an average for that month. The previous month's prices shall be used to determine the monthly average (i.e. – January’s prices will be used to determine February’s adjustment). All prices will be rounded to two decimal places.

• The fuel price adjustment shall be applied for the date of delivery.

• For Lots 1 - 4, the Fuel Price Adjustment shall equal $0.50 per 1000 gallons for each $0.10 change in fuel price.

Example Fuel Price Adjustment Increase:

Published rate on date of bid opening $4.18 Monthly Average Price $4.28 $4.28 - $4.18 = $0.10

A $0.50/1000 gallon price increase would apply, Example Fuel Price Adjustment Decrease:

Published rate on date of bid opening $4.18 Monthly Average Price $4.08 $4.08 - $4.18 = -$0.10

A $0.50/1000 gallon price decrease would apply.

• For Lots 5, 6 and 10 the Fuel Price Adjustment shall be $0.10 per ton for each $0.10 change in fuel price.

Example Fuel Price Adjustment Increase:

Published rate on date of bid opening $4.18 Monthly Average Price $4.28 $4.28 - $4.18 = $0.10

A $0.10 per ton price increase would apply.

Example Fuel Price Adjustment Decrease:

Published rate on date of bid opening $4.18 Monthly Average Price $4.08 $4.08 - $4.18 = -$0.10

A $0.10 per ton price decrease would apply.

Additional Notes on Fuel Price Adjustment Should postings differ from current description and/or format, a posting determined by the Commissioner of the Office of General Services in his/her 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 a contract extension, the fuel price adjustment will be based on the new average for the month in which the product is delivered, applying the same base established for the original contract term.

GROUP 32100 - Snow & Ice Control Agents (Statewide) AWARD PAGE 14

6.5 Price Reductions

Contractors shall be permitted to reduce their pricing any time during the contract term. In addition, contractors may choose to offer lower prices in specific instances or for particular projects. Contractors may do so through the agencies use of the “Quick Quote” procedure (below).

6.6 Quick Quote

Authorized Users may try to obtain lower prices by sending out a quick quote form to all contractors in their county or region for that OGS Item. If bid security is an issue, the Authorized User can require bids to be sealed and opened publicly.

Authorized Users are to accept the lowest bid meeting their form, function and utility requirements, provided however, in accordance with the New York State Buy American Salt Act, an Authorized User may, at the Authorized User’s discretion, purchase rock salt or sodium chloride that is mined or hand harvested in the United States when it is within ten percent (10%) of the lowest price per item, rather than from the lowest responsible and reliable bidder for that item. There are no negotiations permitted following this “Quick Quote” bid and prices cannot be changed once offered. If for any reason the lowest bid is not taken, the Authorized User should prepare detailed documentation explaining the action taken (i.e., the low contractor could not provide the product in the time frame required). This explanation along with the worksheets should be made a part of the record.

Contractors are not required to lower prices when they receive a quick quote. They may quote their contract price. However, at no time, may a price be quoted that is higher than their contract price. Any awarded price can be lowered by the contractor during the quick quote process.

6.7 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.

6.8 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 10 business days written notice mailed to the Contractor.

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6.9 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).

6.10 Minimum Order

The minimum order for this Contract is as follows per Lot:

Lots 1 – 4

• Minimum order is 4,000 gallons.

• Orders should be placed for 4,000 gallons or multiples thereof.

• Minimum delivery is 4,000 gallons for one location, or 2,000 gallons for each of two locations.

• Orders requiring delivery to two locations are subject to the 2,000-gallon pricing.

Lots 5, 6, & 10

• Minimum delivery shall be 22 tons in bulk per delivery location.

Lots 7 – 9, 11

• Minimum delivery shall be truckload delivery as indicated on Attachment – Pricing tabs of this Solicitation for Lots 7 – 9, and 11.

6.11 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.

6.12 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

GROUP 32100 - Snow & Ice Control Agents (Statewide) AWARD PAGE 16

• Order Date

• Invoice Date

• Invoice Number

• Invoice Amount

• 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/nys-vendors.

6.13 Product Delivery

Delivery requirements for this Contract are as follows per Lot:

Lots 1 – 4

• The product shall be delivered in bulk in tank trucks

• Each delivery truck shall be equipped for unloading product, and;

• Have either an approved liquid meter for accurately measuring the amount of liquid product delivered or verifiable weight receipts

Lots 5, 6, & 10

• Product shall be shipped in bulk delivery no less than 15 days from placement of order

• All shipments of product shall be totally covered with a waterproof tarpaulin or similar sheeting material

• Torn or ripped coverings may be cause for rejection of shipment

• Evidence of free-flowing water/brine in particular shipments may be cause for rejection

• Product shall be received in a free-flowing and usable condition

Lots 7 – 9

• Product shall be palletized, maximum weight 2000lbs (40 bags)

• Material is to be in 50lb moisture-proof bags

• Pallets of equal value shall be exchanged at time of delivery or arranged between the contractor and the authorized user

Lot 11

• Product shall be palletized.

• Material is to be in one (1)-ton (2,000 lbs.) moisture-proof totes with bottom discharge (spout feature).

• Pallets of equal value shall be exchanged at time of delivery or arranged between the contractor and the authorized user.

Additional delivery requirements not specified above shall be in accordance with Appendix B, Product Delivery and Shipping/Receipt of Product.

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

GROUP 32100 - Snow & Ice Control Agents (Statewide) AWARD PAGE 17

6.14 Weigh Tickets

All shipments of bulk salt (Lot 5, 6, & 10) shall be accompanied by a weight ticket of a licensed weighmaster indicating the producer, net weight of the delivery, and in the case of bulk delivery, the stockpile source. The certification should bear the weighmaster’s signature; weights shall be recorded from a scale equipped with a weight printing device. Handwritten weights are not acceptable.

6.15 Product Sustainability and Liability

Deviation from specifications may result in rejection of any delivery. All costs associated with rejected deliveries will be the responsibility of the contractor.

Should a product be found to be contaminated (after application) with non-specified elements and become cause for environmental concerns that necessitate clean-up of yards, storage facilities, or roadsides, etc., the contractor shall be responsible for any and all expenses incurred.

6.16 Unanticipated Excessive Purchase

The State reserves the right to negotiate lower pricing, or to advertise for Bids, for any unanticipated excessive purchase.

6.17 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 supports requisition-to-payment processing and financial management functions.

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/.

6.18 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.

6.19 N.Y. State Finance Law § 139-l

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 http://www.sfs.ny.gov/ http://www.osc.state.ny.us/agencies/guide/MyWebHelp/

GROUP 32100 - Snow & Ice Control Agents (Statewide) AWARD PAGE 18 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.

6.20 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 – Insurance Requirements.

6.21 Report of Contract Usage

Contractor shall submit Attachment – 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.

The report in Attachment – 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.

This Contract may be terminated if, on the one-year anniversary date of the Contract Award, and annually thereafter, the reports required to be filed under this Section show that the Contractor has made no sales to any Authorized User under the Contract for the prior year. Termination of the Contract under this Section is in addition to Appendix B – Termination, and shall take effect upon written notification to the Contractor. The Contract may also be terminated for failure to file the reports required under this Section.

https://www.ny.gov/combating-sexual-harassment-workplace/employers

GROUP 32100 - Snow & Ice Control Agents (Statewide) AWARD PAGE 19

6.22 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 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.

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.

GROUP 32100 - Snow & Ice Control Agents (Statewide) AWARD PAGE 20

B. Form EEO 100 - Staffing Plan. 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. NYS Contract System Workforce Utilization Reporting Module (Commodities & Services)

The Contractor shall complete, and shall require each of its subcontractors to complete a Workforce Audit on a quarterly basis throughout the term of this Contract, by the 10th day of April, July, October, and January to report the actual workforce utilized during the previous quarter in the performance of the Contract by the specified categories listed including ethnic background, gender, and Federal occupational categories. Contractor shall coordinate with its subcontractors to ensure that all workers associated with this Contract are properly counted and reported. To prepare the report, Contractor and its subcontractors shall use the NYS Contract System Workforce Audit Module found at the following website:

https://ny.newnycontracts.com

The Workforce Audits must be completed electronically in the NYS Contract System Workforce Audit Module. Separate audits shall be completed by Contractor and all subcontractors, and the Contractor is responsible for ensuring timely submission of the Workforce Audit by their subcontractors. 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 complete the Workforce Audit 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 complete the Workforce Audit 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 10% for MWBE participation, 5% for Minority- Owned Business Enterprises (“MBE”) participation and 5% for Women-Owned Business Enterprises (“WBE”) participation (based on the current availability of qualified MBEs and WBEs) in NYSDOT Regions 1,3,4,5,8,10, & 11. 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/. 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 Business Diversity. Additionally, following Contract execution, Contractor is encouraged to contact the Division of Minority and Women’s Business Development ((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).

https://ny.newnycontracts.com/

GROUP 32100 - Snow & Ice Control Agents (Statewide) AWARD PAGE 21

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 333.1. 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…