3770023372a.pdf

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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 37700 – Culvert and Underdrain Pipe & Tubing (Statewide)

Classification Code(s): 30, 40

Award Number : 23372 (Replaces Award 23187)

Contract Period : April 29, 2025 through March 31, 2030

Bid Opening Date : January 14, 2025

Date of Issue : April 29, 2025

Specification Reference : As Incorporated In The Solicitation

Contractor Information : Appears starting 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

Description

This Solicitation is issued by the New York State (“NYS”) Office of General Services (“OGS”), Procurement Services to provide Authorized Users with a means of acquiring Products, associated accessories, parts for use in building, maintenance, repair, and rehabilitation of culverts and underdrain pipe and tubing as specified herein for all Authorized Users eligible to make purchases under the Contracts resulting from this Solicitation.

The scope of this solicitation includes only Products, associated accessories and parts, for use in building, maintenance, repair, and rehabilitation of culverts and underdrain pipe and tubing that fall under the New York State Department of Transportation (“NYSDOT”) Standard Specifications 706 & 707 series identified within the Solicitation.

Services are excluded from the scope of this Solicitation.

This Award has: 10% MBE, 10% WBE and 0% SDVOB goal requirements.

PR # 23372

https://ogs.ny.gov/award-23372

GROUP 37700 – Culvert and Underdrain Pipe & Tubing (Statewide) AWARD PAGE 2

23372a

Table of Contents

SECTION 1: CONTRACTOR INFORMATION

1.1 Contractor Information

1.2 Product Series Awarded by Contractor

1.3 Overview

1.4 Scope

1.5 Estimated Quantities

1.6 Definitions

1.7 Conflict of Terms

1.8 Small, Minority and Women-Owned Businesses

1.9 Recycled, Remanufactured and Energy Efficient Products

1.10 Note To Authorized Users

SECTION 2: SPECIFICATIONS

SECTION 3: CONTRACT AWARD INFORMATION

3.1 Contract Administration

3.2 Periodic Recruitment

3.3 Procurement Instructions for Authorized Users

3.4 Non-State Agencies Participation in Centralized Contracts

SECTION 4: CONTRACT TERMS AND CONDITIONS

4.1 Contract Term and Extensions

4.2 Short term Extension

4.3 Price Updates

4.4 Price List Format

4.5 Best Pricing Offer

4.6 Price Structure

4.7 Volume Discounts

4.8 Ordering

4.9 Purchasing Card Orders

4.10 Minimum Order

4.11 Invoicing and Payment

4.12 Product Delivery

4.13 Product Testing

4.14 Unanticipated Excessive Purchase

4.15 NYS Financial System (SFS)

4.16 Americans with Disabilities Act (ADA)

4.17 N.Y. State Finance Law § 139-l

4.18 Insurance

4.19 Report of Contract Usage

4.20 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 37700 – Culvert and Underdrain Pipe & Tubing (Statewide) AWARD PAGE 3

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

4.22 Use of Recycled or Remanufactured Materials

4.23 Bulk Delivery and Alternate Packaging

4.24 Environmental Sustainability and NYS Executive Order Number 22

4.25 Consumer Products Containing Mercury

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

4.27 Overlapping Contract Products

4.28 Preferred Source Products

4.29 NYS Vendor Responsibility

4.30 “OGS or Less” Guidelines

4.31 Extension of Use

4.32 Resellers

4.33 New Accounts

4.34 Centralized Contract Modifications

4.35 Drug and Alcohol Use Prohibited

4.36 Traffic Infractions

4.37 Instruction Manuals

4.38 Contract Documents; Electronic Format

GROUP 37700 – Culvert and Underdrain Pipe & Tubing (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-23372

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

PC70694 Advanced Drainage Systems Inc Phone #: 315-271-3479 51-0105665 4640 Trueman Blvd Contact: Rick Anderson 1000009390

Hilliard, OH 43026 Title: NY Region Sales Mgr

E-mail: Rick.Anderson@adspipe.com

PC70695 Contech Engineered Solutions LLC Phone #: 513-645-7082 31-1177165 9100 Centre Pointe Dr Contact: Ben Pocisk 1000009073

Suite 400 Title: Sales Director

West Chester, OH 45069 E-mail: Ben.Pocisk@conteches.com

PC70696 ISCO Industries Inc Phone #: 502-873-6412 61-0600157 100 Witherspoon St Contact: Stephen Boggess 1000009588

Louisville, KY 40202 Title: Director

E-mail: Stephen.Boggess@isco-pipe.com

PC70697 Lane Enterprises LLC Phone #: 607-776-3366 23-2383584 16 May St Contact: Craig Shearer 1000030704

Bath, NY 14810 Title: Region Mkt Mgr

E-mail: cshearer@lane-enterprises.com

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

NYS Vendor

ID#

PC70698 Soleno LLC Phone #: 518-633-7386 35-2809747 66 Duplainville Rd Contact: Greg Roscoe 1100329151

Saratoga Springs, NY 12866 Title: Commercial Director

E-mail: Greg.Roscoe@soleno.com

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

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.

GROUP 37700 – Culvert and Underdrain Pipe & Tubing (Statewide) AWARD PAGE 5

1.2 Product Series Awarded by Contractor

Series # Description Awarded Contractor

706-08 POLYPROPYLENE PIPE Advanced Drainage Systems Inc

706-09 CURED IN PLACE PIPE (CIPP) LINER Not currently awarded

706-10 POLYVINYL CHLORIDE PIPE (relining) Not currently awarded

706-11 HIGH DENSITY POLYETHYLENE PIPE

(relining)

ISCO Industries Inc Soleno LLC

706-12 SMOOTH INTERIOR CORRUGATED

POLYETHYLENE PIPE Advanced Drainage Systems Inc

706-13

PERFORATED CORRUGATED

POLYETHYLENE UNDERDRAIN

TUBING

Advanced Drainage Systems Inc

706-14 CORRUGATED INTERIOR

POLYETHYLENE PIPE Advanced Drainage Systems Inc

707-02 CORRUGATED STEEL PIPE

Contech Engineered Solutions LLC Lane Enterprises LLC

707-05 TUNNEL LINER PLATE (relining) Not currently awarded

707-08

STRUCTURAL STEEL PLATE FOR

PIPE, PIPE ARCHES &

UNDERPASSES

Not currently awarded

707-09

CORRUGATED STRUCTURAL STEEL

PLATE FOR PIPE, PIPE ARCHES &

UNDERPASSES

Contech Engineered Solutions LLC Lane Enterprises LLC

707-10 GALVANIZED STEEL END SECTIONS Contech Engineered Solutions LLC

707-11 ALUMINUM END SECTIONS Not currently awarded

707-13 CORRUGATED ALUMINUM PIPE

Contech Engineered Solutions LLC Lane Enterprises LLC

707-14

CORRUGATED ALUMINUM

STRUCTURAL PLATE FOR PIPE AND

PIPE ARCHES

Contech Engineered Solutions LLC Lane Enterprises LLC

707-20 ANCHOR BOLTS FOR CORRUGATED

CULVERTS Not currently awarded

1.3 Overview

This Solicitation is issued by the New York State (“NYS”) Office of General Services (“OGS”), Procurement Services to provide Authorized Users with a means of acquiring Products, associated accessories, parts for use in building, maintenance, repair, and rehabilitation of culverts and underdrain pipe and tubing as specified herein for all Authorized Users eligible to make purchases under the Contracts resulting from this Solicitation.

This is a multiple award, non-competitive procurement.

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

GROUP 37700 – Culvert and Underdrain Pipe & Tubing (Statewide) AWARD PAGE 6

1.4 Scope

The scope of this solicitation includes only Products, associated accessories and parts, for use in building, maintenance, repair, and rehabilitation of culverts and underdrain pipe and tubing that fall under the New York State Department of Transportation (“NYSDOT”) Standard Specifications 706 & 707 series listed in Section 1.2 – Product Series Awarded by Contractor.

This is a multiple award, non-competitive procurement.

Services are excluded from the scope of this Solicitation.

Examples of excluded services would include, but are not limited to:

• Design & Engineering Services

• Excavation Services

• Paving Services

• Installation (or assembly) services.

Authorized Users are responsible for separately providing or procuring any needed services for Products purchased under contracts resulting from this solicitation.

1.5 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 3.5 million dollars 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.

GROUP 37700 – Culvert and Underdrain Pipe & Tubing (Statewide) AWARD PAGE 7

1.6 Definitions

Capitalized terms used in this Solicitation shall be defined in accordance with Appendix B Definitions, or as below.

“Bid Deviation” shall refer to any variance submitted or proposed by a Bidder, which deviates from, adds extraneous terms to, conflicts with or offers an alternative to any term, condition, specification, or requirement of the Solicitation.

“Business Day” shall refer to Monday through Friday from 8:00 AM – 5:00 PM ET, excluding NYS Holidays and federal holidays.

“Freight On Board (F.O.B) Destination” shall refer to the seller retaining responsibility and liability for the Products until they reach the buyer’s destination.

“List Price” shall refer to price of a Product identified by the manufacturer without the application of discounts.

“MWBE” shall refer to a business certified with NYS Empire State Development (“ESD”) as a Minority- and/or Women-owned Business Enterprise.

“National Public Entities” shall refer to entities such as State Governments, the Federal Government, Local Governments, cities, towns, school districts, libraries, police and fire departments, and other political subdivisions.

“Net Price” shall refer to OGS contract prices after discounts are applied.

“NYS Holidays” refers to the legal holidays for State employees in the classified service of the executive branch, as more particularly specified on the website of the NYS Department of Civil Service. This includes the following: New Year’s Day; Dr. Martin Luther King, Jr. Day; Washington’s Birthday (observed); Memorial Day; Juneteenth; Independence Day; Labor Day; Columbus Day;

Veterans’ Day; Thanksgiving Day; and Christmas Day.

“NYS Vendor ID” is a unique ten-character identifier issued by the NYS Office of the State Comptroller (OSC) when the vendor is registered on the Vendor File System.

“Preferred Source Products” shall refer to those Products that have been approved in accordance with New York State Finance Law § 162.

“Preferred Source Program” shall refer to the special social and economic goals set by New York State in State Finance Law § 162 that require a governmental entity purchase select Products from designated organizations when the Products meet the “form, function and utility” requirements of the governmental entity. Under State Finance Law § 163, purchases of Products from Preferred Sources are given the highest priority and are exempt from the competitive bidding requirements. The New York State Preferred Sources include: The Correctional Industries Program of the Department of Corrections and Community Supervision (“Corcraft”); New York State Preferred Source Program for People Who Are Blind (“NYSPSP”); and the New York State Industries for the Disabled (“NYSID”).

These requirements apply to a state agencies, political subdivisions and public benefit corporations (including most public authorities).

“Procurement Services” shall refer to a business unit of OGS, formerly known as New York State Procurement (“NYSPro”) and Procurement Services Group (“PSG”).

“Product Category” shall refer to the classification system used by the Bidder to categorize culvert and underdrain pipe and tubing Products for sale during the normal course of business.

“SDVOB” shall refer to a NYS-certified Service-Disabled Veteran-Owned Business.

GROUP 37700 – Culvert and Underdrain Pipe & Tubing (Statewide) AWARD PAGE 8

1.7 Conflict of Terms

Conflicts among the documents shall be resolved in the following order of precedence:

1. Appendix A – Standard Clauses for New York State Contracts;

2. Appendix C – Federal Funding Agency Mandatory Terms and Conditions;

3. The Solicitation;

4. Appendix B – General Specifications;

5. All other appendices and attachments to the Solicitation.

1.8 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.

1.9 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

1.10 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).

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SECTION 2: SPECIFICATIONS

References are made in this Solicitation to the most current version of the NYSDOT Standard Specifications, at the time of the publication of this Solicitation, and all current addenda for Section 700, specifically for Products included in the 706 & 707 series identified in Section 1.4 – Scope.

It is a Contractor’s responsibility to make sure that all Products delivered comply with the most up to date NYSDOT Standard Specifications.

Should updates be made by NYSDOT to specifications during the contract term, Contractors are expected to update Products as soon as possible in accordance with the provisions of Section 4.3 - Price Update, of the Solicitation.

No changes or substitutions of Products or pricing is permitted without the express approval of OGS Procurement Services.

The complete NYSDOT Standard Specification for contracting may be obtained through NSYDOT’s publication unit through the following link:

https://www.dot.ny.gov/main/business-center/engineering/specifications/updated-standard-specifications-us

GROUP 37700 – Culvert and Underdrain Pipe & Tubing (Statewide) AWARD PAGE 10

SECTION 3: CONTRACT AWARD INFORMATION

3.1 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. Bidder 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.

3.2 Periodic Recruitment

This Solicitation allows for periodic recruitment of additional Contractors during the term of the Contract. Recruitment periods are optional at the discretion of the State. Additional recruitment periods will be advertised in the NYS Contract Reporter. Bidder must register with the New York State Contract Reporter at https://www.nyscr.ny.gov in order to receive notifications regarding any periodic recruitments under this Solicitation. Bids shall be evaluated under substantially the same terms and conditions as the original Bids. Bidders shall also be required to submit necessary documentation for any additional applicable statutory requirements in effect at the time of the new Solicitation.

Once awarded a Contract, a Contractor may not resubmit a Bid for future consideration for Product(s) covered by the scope of the awarded Contract. In addition, if a Bid is deemed non-responsive during the initial Solicitation or any recruitment period, a Bidder cannot reapply for a future Contract until the next recruitment period.

3.3 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.

Before proceeding with their purchase, Authorized Users shall check the list of Preferred Source offerings and are reminded that they must comply with State Finance Law, particularly § 162, regarding commodities/services provided by preferred source suppliers.

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.

3.4 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.

https://online.ogs.ny.gov/purchase/snt/othersuse.asp

GROUP 37700 – Culvert and Underdrain Pipe & Tubing (Statewide) AWARD PAGE 11

SECTION 4: CONTRACT TERMS AND CONDITIONS

4.1 Contract Term and Extensions

The Contract shall be in effect for a term of up to five (5) years. The Contract term shall commence after all necessary approvals and shall become effective on April 1, 2025, or upon the date of OSC approval of the final executed documents, whichever is later, and the Contract term shall end on March 31, 2030.

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 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 the approval of OSC and any additional applicable statutory and policy requirements. An extension shall apply the 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).

4.2 Short term Extension

This section shall apply in addition to any rights set forth in Appendix B Contract Term – Extension.

In the event that OGS determines that a short term extension is in the best 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.

4.3 Price Updates

Contractor may update their price list as follows:

Commencing with the first anniversary date of the Bid Opening, and annually thereafter, the Contractor may update the price list to reflect Contractor price changes and the addition/deletion of Products.

Requests for price adjustments and new Products may be submitted 30 days prior to the first anniversary date of the Bid Opening. At the time of the request the Contractor shall provide OGS with one electronic copy of the updated pricing as well as an updated Bidder’s manufacturer’s price list reflecting the current pricing and product(s) available.

No Price Updates will be granted to any Contractor who has outstanding Sales Reports, Proof of Insurance or any other documentation that is required under the resulting contract.

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

GROUP 37700 – Culvert and Underdrain Pipe & Tubing (Statewide) AWARD PAGE 12

The percentage discount offered on any new Products added to price lists shall be no lower than the minimum percentage discount established for the Product Category. Contractors shall submit their updated price list to the OGS Procurement Services contract manager pursuant to the requirements of this section for review and written approval prior to issuing to Authorized Users or posting to the Contractor’s dedicated New York State website.

The State reserves the right to request copies of existing contracts or price lists to ensure that the prices offered to the State are reasonable and commensurate with similar purchasers.

If new Products are to be added, the Contractor must demonstrate that the Products meet the scope as defined in Section 1.2, Scope, and that Products are offered at a reasonable price as determined by OGS Procurement Services. “Reasonable prices” may be determined by reviewing percentage discounts and net prices offered to (GSA, NYS, other State, etc.), or other public procurement organization contract (NASPO, NJPA, etc), prices on any previously awarded NYS Contract, pricing offered by other Contractors, contracts with other National Public Entites (ie. state or government entities, etc). Percentage discount(s) on the Products must be equal to or better than those currently offered on Products similar in scope.

The State reserves the right to require documentation to support the reasonableness of the prices offered. When requested, Contractor must provide copies of at least one National Public Entities contract (GSA, NASPO, other State, etc.) that shows the percentage discount and FOB point. If such contracts are not available, the Contractor shall supply invoices of sales to large entities or corporations with repeat business detailing the percentage discount and FOB point.

All approved price list updates shall apply prospectively upon approval by OGS. Any request for a price list update not received in accordance with this section shall be deemed denied.

Escalation Cap

In a single year of the Contract, the maximum Net Price increase for each individual Product on Contract shall not exceed ten (10%) percent annually.

4.4 Price List Format

Contractor is required to submit Contract price list updates electronically using the unprotected Microsoft Excel (2016 or lower version) spreadsheet provided by the OGS Procurement Services contract manager via e-mail.. The price list shall separately include and identify the following by use of separate worksheets or by using highlighting, italics, bold and/or color fonts:

Price increases;

Price decreases;

Products being added; and Products being deleted.

4.5 Best Pricing Offer

During the Contract term, if substantially the same or a smaller quantity of a Product is sold by the Contractor 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, at the discretion of the Commissioner, shall be immediately reduced to the lower price.

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4.6 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.

4.7 Volume Discounts

Contractors are encouraged to offer volume discounts based on total dollars purchased. Other discounts including, but not limited to, electronic access ordering are also encouraged.

At the Contractor’s option, volume discounts may be applied per purchase order, cumulatively per customer agency, and cumulatively statewide. Volume discounts shall be defined and applied as follows:

• Purchase order volume discounts shall be additional discounts applied to individual purchase orders over a specified dollar amount.

• Cumulative agency volume discounts shall be additional discounts applied to all future orders made by an individual agency once an established volume has been met by that agency.

• Cumulative statewide volume discounts shall be additional discounts applied to all future orders for all state and non-state orders once an established volume has been met under this contract.

Any cumulative discounts shall be annually based, with thresholds being reset annually with each anniversary date of the contract start date.

4.8 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).

4.9 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.

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4.10 Minimum Order

The minimum order for this Contract is $1,000.00.

Contractor may elect to honor orders for less than the minimum order amount. For such orders, at the contractor’s option, shipping costs from the contractor’s address (as stated in Bid) may be added to invoice with a copy of the freight bill. Shipping costs are to be prepaid by contractor and such orders are to be shipped on an F.O.B. Destination basis. All such orders must be shipped by the most economical method for the proper delivery of the Product unless special instructions are stated on the order by the Authorized User.

Authorized Users should be notified of any additional shipping cost(s) that have been incurred due to the purchase of less than the minimum order, prior to delivery. Authorized User must be informed of any additional shipping cost(s) prior to delivery and agree to the additional charge(s) in writing. Such cost(s) shall also be prepaid and added to the Contractor’s invoice and the invoice must include a separate invoice from the carrier detailing the service premium. Any additional carrier charges for “extra” services may be disallowed.

4.11 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

• 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.

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

GROUP 37700 – Culvert and Underdrain Pipe & Tubing (Statewide) AWARD PAGE 15

4.12 Product Delivery

Delivery of all Contract Products shall be made in accordance with Appendix B, Product Delivery and Shipping/Receipt of Product.

All Products shall be shipped from a point within the United States to a delivery location in New York State as designated by the ordering Authorized User including dock delivery and tailgating of load.

Additional shipping fees may be charged when delivery to the required delivery point is not possible via dock, any other door, stairway or elevator freight service and/or when specialized service is requested in writing by the purchaser.

An Authorized User will not be charged additional fees for delivery to the designated location since shipping is F.O.B Destination.

Authorized User must be informed of any additional shipping cost(s) prior to delivery and agree to the additional charge(s) in writing. Such cost(s) shall also be prepaid and added to the Contractor’s invoice and the invoice must include a separate invoice from the carrier detailing the service premium. Any additional carrier charges for “extra” services may be disallowed.

Any additional shipping charges are subject to post-audit. If it is determined that a Contractor is charging excessive amounts for any shipping or delivery services, the State may seek reimbursement for such amounts, may remove the Contractor, and may cancel the contract.

4.13 Product Testing

The State reserves the right to test any Product supplied by a Contractor pursuant to this Contract at any time for compliance to specifications and assess to the contractor total test cost for non-compliance. Testing may require contractors to prepare and submit copies of drawings, specifications, test reports, and Federal acceptance letters as directed. The review process requires a minimum of 30 calendar days. Physical inspection of the Product will be at the discretion of the State.

Strict compliance with the NYSDOT Standard Specifications and NYSDOT Quality Control and Quality Assurance requirements and standards shall be required for the duration of the Contract.

4.14 Unanticipated Excessive Purchase

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

4.15 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/.

4.16 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.

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

GROUP 37700 – Culvert and Underdrain Pipe & Tubing (Statewide) AWARD PAGE 16

4.17 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 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.

4.18 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.

4.19 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 15 days after the close of each reporting period per the following schedule:

Report # From Date To Date Due Date 1 Contract start 3/31/2026 4/15/2026 2 4/1/2026 10/31/2026 11/15/2026 3 11/1/2026 3/31/2027 4/15/2027 4 4/1/2027 10/31/2027 11/15/2027 5 11/1/2027 3/31/2028 4/15/2028 6 4/1/2028 10/31/2028 11/15/2028 7 11/1/2028 3/31/2029 4/15/2029

Contractors shall specify if any authorized Resellers 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.

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

GROUP 37700 – Culvert and Underdrain Pipe & Tubing (Statewide) AWARD PAGE 17

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.

4.20 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.

GROUP 37700 – Culvert and Underdrain Pipe & Tubing (Statewide) AWARD PAGE 18

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.

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…