3865023244ra.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 38650 – Safety Equipment & Products for Transportation & Public Works – Comprehensive Crash Mitigation (including Attenuators, Barricades, Bridge Rails, Crash Cushions and Guide Rails) (Statewide)

Classification Codes: 25, 30, 31, 46, 73, 90

Award Number : 23244 (Replaces 23130)

Contract Period : October 14, 2021 through September 30, 2026

Bid Opening Date : August 19, 2021

Date of Issue : October 14, 2021 (Revised March 18, 2025)

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 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 traffic safety and crash mitigation equipment, associated accessories, parts and products manufactured and sold in the transportation and public safety industries to be primarily used by State Agencies, State Authorities, State and Local Parks, Counties, Municipalities, Educational Organizations and Facilities and other eligible Authorized Users.

Installation is not part of this award. Authorized Users are responsible for providing or procuring set up and/or installation of equipment purchased as needed.

This Award has 15% MBE, 15% WBE and 0% SDVOB participation goal requirements.

PR # 23244

https://ogs.ny.gov/Award-23244

GROUP 38650 – Safety Equipment & Products for Transportation & Public Works – Page 2 of 28 Comprehensive Crash Mitigation (including Attenuators, Barricades, Bridge Rails, Crash Cushions and Guide Rails) (Statewide)

23244ra3 (Revised March 18, 2025)

Table of Contents SECTION 1: Contractor Information

1.1 Contractor Information

1.2 Small, Minority And Women-Owned Businesses:

1.3 Recycled, Remanufactured And Energy Efficient Products:

1.4 Note To Authorized Users:

1.5 Estimated Quantities

1.6 Periodic Recruitment

1.7 Procurement Instructions for Authorized Users

1.8 Definitions

SECTION 2: TERMS AND CONDITIONS

2.1 Contract Term and Extensions

2.2 Short term Extension

2.3 Price

2.4 Pricelists/Discounts

2.5 Price Updates

2.6 Best Pricing Offer

2.7 Price Structure

2.8 Volume Discounts

2.9 Ordering

2.10 Purchasing Card Orders

2.11 Minimum Order

2.12 Invoicing and Payment

2.13 Product Delivery

2.14 Product Returns and Exchanges

2.15 Unanticipated Excessive Purchase

2.16 Contract Administration

2.17 NYS Financial System (SFS)

2.18 Americans with Disabilities Act (ADA)

2.19 N.Y. State Finance Law § 139-l

2.20 Insurance

2.21 Report of Contract Usage

2.22 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

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

2.24 Use of Recycled or Remanufactured Materials

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2.25 Bulk Delivery and Alternate Packaging

2.26 Environmental Attributes and NYS Executive Order Number 4

2.27 Consumer Products Containing Mercury

2.28 Overlapping Contract Products

2.29 Preferred Source Products

2.30 NYS Vendor Responsibility

2.31 NYS Tax Law Section 5-a

2.32 “OGS or Less” Guidelines

2.33 Non-State Agencies Participation in Centralized Contracts

2.34 Extension of Use

2.35 Resellers

2.36 New Accounts

2.37 Drug and Alcohol Use Prohibited

2.38 Traffic Infractions

2.39 Instruction Manuals

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SECTION 1: Contractor Information

1.1 Contractor Information

This Contract Award Notification is published as an informational aid for NYS OGS Procurement Services Authorized Users to assist them in the use of Award 23244. Contractors are reminded to refer to their specific Contract for guidance or contact the contract management specialist of record for assistance.

For information regarding specific Products awarded to each Contractor refer to the awarded Pricing: https://online.ogs.ny.gov/purchase/spg/awawards/3865023244CAN.htm

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

PC69494 Eberl Iron Works Inc Toll Free #: 800-285-3056 16-0417520 SB 128 Sycamore St Phone #: 716-854-7633 1000007436 Buffalo, NY 14204 Contact: Nora Eberl

Title: CFO E-mail: nora.eberl@eberliron.com

Contractor accepts NYS Procurement Card for orders from $500 to $5,000.00 Prompt Payment Discount: .5% / 11 Days

PC69495 Elderlee Inc Phone #: 315-789-9915 16-0709819 729 Cross Road Contact: Joe Chaapel 1000028299 Oaks Corners, NY 14518 Title: Inside Sales

E-mail: jchaapel@elderlee.com

Contractor accepts NYS Procurement Card for orders up to $20,000.00

PC69496 Impact Absorption Inc Toll Free #: 877-229-5819 11-3421420 SB 101 New South Road Phone #: 516-498-1050 1000033657 Hicksville, NY 11801 Contact: Gary Kassl Title: Manager

E-mail: gkassl@impactabsorption.com

Contractor does not accept NYS Procurement Card.

PC69497 Systems Roadway Inc Phone #: 718-880-9090 82-4839209 SB 1444 158th Street Contact: Joe Salerno 1100254564 Whitestone, NY 11357 Title: Vice-President

E-mail: joesalerno@systemsroadway.com

Contractor accepts NYS Procurement Card for orders from $2.00 to $10,000.00 https://online.ogs.ny.gov/purchase/spg/awawards/3865023244CAN.htm mailto:jchaapel@elderlee.com mailto:gkassl@impactabsorption.com mailto:joesalerno@systemsroadway.com

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PC69498 Traffix Devices Inc Phone #: 949-361-5663 33-0217824 160 Avenida La Pata Contact: Eric York 1000019392 San Clemente, CA 92673 Title: Contracts & Bids Admin

E-mail: eyork@traffixdevices.com

Contractor accepts NYS Procurement Card for orders up to $50,000.00

PC69499 Transpo Industries Inc Toll Free #: (800) 321-7870 13-2615924 SB 20 Jones St Phone #: (914) 636-1000 ext. 647 1000006174 New Rochelle, NY 10801 Contact: Janice Fernandez

Title: General Manager, Distributor Division E-mail: jfernandez@transpo.com

Contractor accepts NYS Procurement Card for orders up to $2,500.00

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

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

(See "Invoicing and Payment" in this document.)

AGENCIES SHOULD NOTIFY NEW YORK STATE PROCUREMENT SERVICES PROMPTLY IF THE

CONTRACTOR FAILS TO MEET DELIVERY OR OTHER TERMS OF THIS CONTRACT. PRODUCTS OR

SERVICES WHICH DO NOT COMPLY WITH THE SPECIFICATIONS OR ARE OTHERWISE

UNSATISFACTORY TO THE AGENCY SHOULD ALSO BE REPORTED TO PROCUREMENT SERVICES.

1.2 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.

1.3 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 mailto:jfernandez@transpo.com

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1.4 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).

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 $10 million 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.

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1.6 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 Products [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.

1.7 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.

1.8 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.

“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 State Governments, the Federal Government, Local Governments, cities, towns, school districts, libraries, police and fire departments, and other political subdivisions

“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; Martin Luther King Day; Washington’s Birthday (observed); Memorial Day; Independence Day; Labor Day; Columbus Day; Veteran’s Day; Thanksgiving Day; and Christmas Day.

“NYS Vendor ID” shall mean the ten-character identifier issued by New York State when a vendor is registered on the Vendor File.

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

https://www.nyscr.ny.gov/

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“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 to categorize Safety Equipment and Products for Transportation & Public Works/Comprehensive Crash Mitigation Products for sale during the normal course of business. For example: Attenuators, Barricades, Bridge Rails, Crash Cushions and Guide Rails may be categorized in an electronic or paper based hard copy catalog;

or alternatively, how these Products may be categorized for sale online

“Reseller” shall refer to any model for distribution of Product other than direct from the Contractor.

Resellers include but are not limited to approved value added resellers (VARs), distributors, dealers, sales agents, and alternate channel partners

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

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SECTION 2: TERMS AND CONDITIONS

2.1 Contract Term and Extensions

A. Base Term: Notwithstanding the provisions of Appendix B Section 22, Contract

Creation/Execution, the base contract term shall begin on the later of (i) October 1, 2021, or (ii) the date of OSC approval of the final, executed contract documents and consistent with the MOU, and shall continue through and including September 30, 2026.

B. Extensions. At the State’s option, and subject to the approval of OSC and consistent with the MOU, the Contract may be extended for one (1) year, in increments as deemed to be in the best interest of the State. Whether the optional extensions are exercised is at the sole discretion of the State. A Contractor shall retain the right to decline a Contract extension offered under this section. Any Contract extension will be under the same terms and conditions, subject to any additional applicable statutory and policy requirements. Any extensions provided under this section shall apply in addition to any rights set forth in Appendix B, Contract Term – Extension.

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).

2.2 Short term Extension

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

2.3 Price

Net Price shall include all customs duties and charges and be net, F.O.B. destination any point in New York State as designated by the ordering Authorized User. This includes all transportation charges and delivery to the Authorized Users’ receiving platform, including all customs, duties and charges to any destination in New York State. Standard shipping costs are to be prepaid by Contractor and, when determining the NYS Net Price, shall not be separately added to the Authorized User’s invoice.

2.4 Pricelists/Discounts

Once awarded a Contract, the percentage discount offered to Authorized Users may, at the Contractor’s option, be increased based on individual orders. Discounts may be greater, but in no instance may they be lower than the awarded discount. If Contractor is offering a single discount structure, the same discount shall be applied to all purchases made from the Contractor’s pricelist.

All Contract pricelists and Net Prices shall be rounded to two decimals in the resultant Contract.

Subsequent to award, the Contractor shall assist Authorized Users in the use of their pricelist upon request.

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2.5 Price Updates

Contractor may update their pricelist as follows:

1. In the first year of the Contract, the Contractor shall be allowed to update the pricelist once to reflect Contractor price changes and the addition/deletion of Products as established by the Contractor in their normal course of business. However, there shall be no price increases allowed for existing Products during the first six (6) months of the Contract.

2. Commencing with the second year of the Contract, the Contractor may update the pricelist semiannually to reflect Contractor price changes and the addition/deletion of Products as established by the Contractor in their normal course of business.

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

The Contractor shall provide OGS with one electronic copy of the updated pricing. No Price Updates will be granted to any Contractor who has outstanding Sales Reports or is lacking current Proof of Insurance or any other documentation that is required under the resulting Contract.

Any new Products added to pricelists shall have a discount structure consistent with existing Products on the Contractor’s pricelist that are comparable in scope.

Contractors shall submit their updated pricelist to the OGS Procurement Services contract administrator pursuant to the requirements of this section for review and written approval prior to issuing to Authorized Users. The State reserves the right to request copies of existing contracts or pricelists to ensure that the prices offered to the State are reasonable and commensurate with similar purchasers.

All approved pricelist updates shall apply prospectively upon approval by OGS. Total price increases for pricelist updates in a single year of the Contract shall not exceed the escalation cap set forth in Maximum Price Increase/Escalation Cap subdivision, below. All percentage discounts shall remain firm (unchanged) or they may increase for the duration of the Contract.

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 will be delivered 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, NASPO, prices on any previously awarded NYS Contract, pricing offered by other Contractors, contracts with other state or government entities, etc. 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 governmental and/or municipal contract (GSA, NASPO, other State, etc.) that shows the 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 discount and FOB point.

Pricelist Format Contractor is required to submit Contract pricelist updates electronically in the format provided by the OGS Procurement Services contract administrator.

The pricelist must be dated and clearly identify (e.g., 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.

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2.5 Price Updates (Cont’d)

Contractor’s Submission of Contract Updates In connection with any Contract pricelist update, OGS reserves the right to:

• Request additional information;

• Reject Contract updates;

• Remove Products from Contracts;

• Remove Products from Contract updates; and

• Request additional discounts for new or existing Products.

Maximum Price Increase/Escalation Cap In a single year of the Contract, the maximum price increase for each individual item on Contract shall not exceed the lesser of:

1. Twenty (20%) percent annually, or

2. The percent increase in the latest available Producer Price Index (PPI) – Metals and metal products-Fabricated structural metal, Not Seasonally Adjusted (Series Id:

WPU107405); as published by the U.S. Department of Labor, Bureau of Labor Statistics, Washington, D.C. 20212. PPI data may be obtained at www.bls.gov.

The following example illustrates the computation of percent change:

PPI for current period 230.000 Less PPI for previous period 220.000 Equals index point change 10.000 Divided by previous period PPI 220.000 Equals 0.045 Result multiplied by 100 0.045 x 100 Equals percent change 4.5%

The “PPI for current period” shall be the latest available Producer Price Index (PPI) – Metals and metal products-Fabricated structural metal, Not Seasonally Adjusted (Series Id: WPU107405);

as published by the U.S. Department of Labor, Bureau of Labor Statistics at the time the Contract pricelist update request is received; “PPI for previous period” shall be the index in effect when the Contract pricelist was last updated. Increases are not cumulative.

If at any time, the Producer Price Index (PPI) – Metals and metal products-Fabricated structural metal, Not Seasonally Adjusted (Series Id: WPU107405); as published by the U.S. Department of Labor, Bureau of Labor Statistics shows a decrease in excess of 10% between the current Published PPI and the published PPI from the month of the last Contract pricelist update submitted by a Contractor, OGS reserves the right to request a resubmission of the manufacturer’s current pricelist by that same Contractor, and to make corresponding adjustments to Contract pricing in consultation with the Contractor.

The State also reserves the right to implement changes in price based on unforeseen factors such as dramatic changes in availability, delivery, costs, etc., for product, supplies, etc., that substantively affect the Contractor’s business processes or that may impact Contract pricing.

Such changes may be based on information from the U.S. Bureau of Labor Statistics, industry data, or other sources.

Should Producer Price Index (PPI) – Metals and metal products-Fabricated structural metal, Not Seasonally Adjusted (Series Id: WPU107405) become discontinued during the Contract term, OGS reserves the right to replace it with another appropriate PPI in its sole discretion.

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2.5 Price Updates (Cont’d)

Cover Letters All Contract pricelist updates shall be accompanied by a cover letter describing the nature and purpose of the update (e.g., update requested in order to reflect a recently approved GSA Schedule or NASPO Contract pricing update, to add/delete Products, etc.).

2.6 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.

2.7 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.

2.8 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.

Any volume discounts offered shall be listed in Attachment - Pricing.

Optional volume discounts may also be offered and shall also be based on same price list. Volume discounts shall not be evaluated. At the Bidder’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.

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2.9 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).

2.10 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.

2.11 Minimum Order

The minimum order for this Contract is $500.00

Contractor may elect to honor orders for less than the minimum order. 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 agency.

2.12 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

• Order Date

• Invoice Date

• Invoice Number

• Invoice Amount

• Product Descriptions

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• 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.

2.13 Product Delivery

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

2.14 Product Returns and Exchanges

In addition to the provisions of Appendix B, Title and Risk of Loss, Product Substitution, and Rejected Product, Products returned or exchanged due to quality problems, duplicated shipments, outdated Product, incorrect Product shipped, Contractor errors otherwise not specified, or Products returned or exchanged due to Authorized User errors, shall be replaced with specified Products or the Authorized User shall be credited or refunded for the full purchase price.

Products shall be replaced within 10 business days of written notification to the Contractor of the Authorized User’s intent to return or exchange the Product. Contractor can charge only a restocking fee for Product returned or exchanged due to Authorized User error that is determined not to be suitable for resale; the restocking fee cannot exceed the net price of the returned or exchanged Product.

Any credit or refund shall be applied against the next bill/invoice submitted by the Contractor to the Authorized User. If no credit or refund, or only a partial credit or refund, is made in such fashion, the Contractor shall pay to the Authorized User the amount of such credit or refund or portion thereof still outstanding, within 30 calendar days of demand.

2.15 Unanticipated Excessive Purchase

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

2.16 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. Information regarding the Customer Service, Emergency Contact, and Contract Administrator shall be set forth in Attachment - Pricing.

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.

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

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2.17 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 is currently on PeopleSoft Financials version 9.2. SFS supports requisition-to-payment processing and financial management functions.

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

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

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

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

2.18 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.

2.19 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 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.

https://ogs.ny.gov/procurement/emarketplace file://ogs-smb/ogs_shared/ProcurementServices/PSTm03(Nusbaum)/TrafficSafety/38650-23244%20Safety%20Equipment/FPR/01PreProcurement/03_RfpIfbDev/www.sfs.ny.gov%20 http://www.osc.state.ny.us/agencies/guide/MyWebHelp/ https://www.ny.gov/combating-sexual-harassment-workplace/employers.

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

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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.

2.20 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.

2.21 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, according to the table below.

Report # From To Report Due Date

1 Contract Start Date 3/31/2022 4/15/2022

2 4/1/2022 9/30/2022 10/15/2022

3 10/1/2022 3/31/2023 4/15/2023

4 4/1/2023 9/30/2023 10/15/2023

5 10/1/2023 3/31/2024 4/15/2024

6 4/1/2024 9/30/2024 10/15/2024

7 10/1/2024 3/31/2025 4/15/2025

8 4/1/2025 9/30/2025 10/15/2025

9 10/1/2025 3/31/2026 4/15/2026

10 4/1/2026 9/30/2026 10/15/2026

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 [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 8 – 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.

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2.22 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.

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

1. The Contractor shall submit, and shall require each of its subcontractors to submit, a Form EEO-101-Commodities and Services to OGS to report the actual workforce utilized in the performance of the Contract by the specified categories listed including ethnic background, gender, and Federal occupational categories.

The Form EEO-101-Commodities and Services must be submitted electronically to OGS at EEO_CentCon@ogs.ny.gov on a quarterly basis during the term of the Contract by the 10th day of April, July, October, and January.

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

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

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

IV. Contract Goals A. OGS hereby establishes an overall goal of 30% for MWBE participation, 15% for

Minority-Owned Business Enterprises (“MBE”) participation and 15% for Women-Owned Business Enterprises (“WBE”) participation (based on the current availability of qualified MBEs and WBEs).