7720123150AppendixC.pdf

NYS Office of General Services Procurement Services

Group 77201 – Award 23150 Intelligent Facility & Security Systems and Solutions

Appendix C – Contract Modification Request Form and Procedures Revised 6-11-24 Page 1 of 57

Appendix C

CONTRACT MODIFICATION REQUEST FORM AND PROCEDURES

The following guidelines are subject to change at the discretion of Procurement Services at any time. A Contract Amendment requires a formally executed document by mutual agreement of the Parties, to be provided by Procurement Services Contract Administrator, after submission and approval of the Contract Modification Form.

1. TYPES OF CONTRACT MODIFICATIONS: In order to expedite processing of a contract modification, where proposed changes involve more than one category below, each change should be submitted to OGS as a separate request.

A. UPDATES: “Updates” are changes that do not require a change to the established Centralized Contract terms and conditions. For a list of Updates, please see Section III.1 of this document.

B. AMENDMENTS INVOLVING PERIODIC RECRUITMENT (“Amendment”): “Amendments are for 1) a Change in Lots Awarded, 2) a Change in the Regions Awarded, 3) an agreement by an existing Contractor to new terms and conditions either issued as part of a Periodic Recruitment or by Procurement Services in accordance with §6.8 Contract Update Procedures. The change in Lots or Regions can only occur at the time of Periodic Recruitment. The process for submitting and processing Amendments Involving Periodic Recruitment will be included in the Periodic Recruitment version of Solicitation 23150. Procurement Services will work directly with the Contractor to obtain the required documentation for each requested amendment and notify Contractor in writing if approved.

2. CONTRACTOR’S SUBMISSION OF CONTRACT MODIFICATIONS: In connection with any Contract modification, Procurement Services reserves the right to:

request additional information reject Contract modifications remove Equipment from Contract modification requests request additional discounts for new or existing Equipment

3 PRICE LEVEL JUSTIFICATION – FORMAT: Contractor is required to submit the Equipment and price level information for the update in an Excel spreadsheet format electronically via e-mail (and in hard copy if requested by Procurement Services) to the Procurement Services Contract Administrator. The list must be dated. The Product and price level information should include and identify (e.g., by use of separate worksheets or by using italics, bold and/or color fonts):

Price level increases Price level decreases Equipment being added

4 SUPPORTING DOCUMENTATION: Each modification request Must include the current contract pricing discount relevant to the Products included in the update.

5 SUBMITTAL OF MODIFICATION REQUESTS: A Contract modification request must be accompanied by a completed Contract Modification Form. Contractor should briefly describe the nature and purpose of the update (e.g., update requested in order to reflect a recently approved GSA schedule, to restructure the price level to its customers generally, and/or for new Products which fall into a new group or category that did not exist at the time of approval of the Contract by OGS). The Contract Modification Form must contain original signatures by an individual authorized to sign on behalf of Contractor and must be notarized.

6 POSTING OF APPROVED PRICING

All Approved updated Pricing will be published on the OGS Website and May be reviewed or edited by Procurement Services at any time.

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CONTRACT MODIFICATION REQUEST FORM

The Contract modification request Must be accompanied by the relevant current contract pricing discount information.

CONTRACT MODIFICATION FORM

OGS CONTRACT NO.: _________________

CONTRACT DESCRIPTION:

Intelligent Facility and Security Systems and Solutions

Contractor Name:

DATE OF SUBMISSION:______________________

CONTRACT PERIOD:

From: __________________________

To: _____________

CONTRACTOR CONTACT:

NAME:___________________________________

PHONE NO:_______________________________

E-MAIL:__________________________________

NOTE: Submission of this FORM does not constitute acceptance by the State of New York until approved by the appropriate New York State representative(s).

COMPLETE STATEMENTS 1 THROUGH 7 BELOW:

1. This request is an:

1a. _____Update 1b. _____Amendment

See contract for an explanation of these terms.

2. The intent of this submittal is to:

_____Add new Equipment _____Delete Equipment _____Adding new Product Line(s) _____Deleting Existing Product Line(s) _____Increase/Reduce Pricing _____Add/delete Job Titles & Labor Rates _____Update Dealer List _____Add/delete Crane Rental _____Add/delete Allowable Vehicle Rentals _____Add/delete Central Station Monitoring

3. In the event of a Periodic Recruitment, a Contractor may propose the following:

__________Change Lots _____Add Regions _____Update Terms

4. All terms and conditions of the Contract Must apply to this request.

_____Agree _____Disagree

5. All discounts (and where applicable markups) as agreed to in the Contract Must apply.

_____Agree _____Disagree

6. All Percent (%) Discounts and (where applicable Percent (%) Markups or other Not-To-Exceed Pricing) are:

_____GSA

_____Most Favored Nation* _____Other (Provide Explanation) *Prices offered are the lowest offered to any similarly situated entity.

7. Attached documentation includes:

_____Current approved GSA (labeled "For information only") _____Manufacturer’s/Distributor’s Published Pricing List with List Price/MSRP (“List Price/MSRP File”) (labeled "For information only")

_____Contractor’s Proposed Pricing Pages

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The following ACKNOWLEDGEMENT statement Must be signed by an individual authorized to sign on behalf of Contractor for the modification being requested in this Contract Modification document. The authorized Contractor’s representative’s signature Must be notarized.

Signature of Authorized Contractor Representative:

CORPORATE, PARTNERSHIP, INDIVIDUAL OR LIMITED LIABILITY COMPANY

ACKNOWLEDGMENT

STATE OF

: Sworn Statement:

COUNTY OF

On the ____ day of ___________________in the year 20 __ , before me personally appeared:

____________________________________________________________, known to me to be the person who executed the foregoing instrument, who, being duly sworn by me did depose and say that _he resides at _________________________________________________________, Town of County of _____________________ , State of ____________________ ; and further that:

[Check One] (If an individual): _he executed the foregoing instrument in his/her name and on his/her own behalf.

( If a corporation): _he is the _________________________________ of ____________________________, the corporation described in said instrument; that, by authority of the Board of Directors of said corporation, _he is authorized to execute the foregoing instrument on behalf of the corporation for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said corporation as the act and deed of said corporation.

( If a partnership): _he is the ________________________________ of ______________________________, the partnership described in said instrument; that, by the terms of said partnership, _he is authorized to execute the foregoing instrument on behalf of the partnership for the purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name and on behalf of said partnership as the act and deed of said partnership.

( If a Limited Liability Company): _he is the ________________________________ of ______________________________ LLC, the Limited Liability Company described in said instrument;

that, by the terms of said partnership, _he is authorized to execute the foregoing instrument on behalf of the partnership for the purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name and on behalf of said partnership as the act and deed of said partnership.

Notary Public

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FOR STATE USE ONLY

OGS APPROVAL:

Approved__________ Approved as amended*______ Disapproved*______

*OGS Amendment/Comments: ________________________________________________________________

Name:______________________________________

Title:_______________________________________

Date___________

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INTELLIGENT FACILITY & SECURITY

SYSTEMS AND SOLUTIONS

CONTRACT UPDATE PROCEDURES

Group: 77201

Award: 23150

Contact:

Edwin Robistow 518-473-5944

OGS.sm.SST_security@ogs.ny.gov

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Table of Contents

Contents

1. Overview:

2. Definitions:

3. Overview of Updates

4. Establish and Maintain Pricing:

5. Processing Requirements and Timeframes for Updates:

6. Submission Requirements for Amendments During Periodic Recruitment:

7. Manufacturers, Distributors, Product Lines, & Equipment:

7.1 Overview:

7.2 Appropriate Forms, Designation, and Authorization:

7.2.1 Attachments 13, 14, 15, and 16

7.2.2 Demonstrating a Contractor is a Manufacturer

7.2.3 Demonstrating a Business Entity is a Distributor

7.2.4 Distributor’s Line Card

7.2.5 Situations Manufacturers Prohibited from Executing Manufacturer’s Guarantees

7.2.6 Product Lines That Include Equipment Manufactured by Other Manufacturers

7.3 Product Line Scope Justification

7.3.1 Determining if a Product Line Meets the Definition of a Public Address System

7.3.2 Determining if a Gate and Gate Operator Fall with the Scope of This Award

7.4 Specific Determinations

7.4.1 Acceptable Product Lines Certified or Guaranteed by Kele:

7.4.2 Kele Product Line

7.4.3 Genesis Cable Required Attachments

7.4.4 Honeywell Home Intruder Detection Systems Required Attachments

7.4.5 Business Entities OGS Determined are Distributors

8. Pricing Reviews:

8.1 Mandatory Review Using Equipment Cheat Sheet

8.2 Additional Pricing Reviews

8.3 Adjustments to Job Titles Not Included in an NYSDOL Prevailing Wage Rate Schedule and Custom-Built Equipment NYS Net Pricing:

8.4 Addition of Foreman Job Titles:

8.5 Reclassification of Job Titles:

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8.6 Addition of Newly-Developed Job Titles:

8.7 Deferred/Installment Payment Option

8.8 Update to Job Titles Included in an NYS DOL Prevailing Wage Rate Schedule

8.9 Removal of Job Titles for a Particular System

8.10 Addition of Crane Rental

8.10.1 NYS Rental Offering

8.10.2 Labor Rates for Crane Rental

8.11 Addition of Allowable Rental Vehicles

8.12 Reasonableness of Price

8.12.1 All Product Lines Excluding Those With Only Custom-Built Equipment

8.12.2 New Job Titles that are Included in an NYS DOL Prevailing Wage Rate Schedule . 51

8.12.3 New Job Titles that are not Included in an NYS DOL Prevailing Wage Rate Schedule

8.12.4 Custom-Built Equipment

8.12.5 Central Station Monitoring

8.12.6 Crane Rental and Allowable Vehicle Rental

9. Additional Miscellaneous Provisions:

9.1 Update to List of Approved MWBE and SDVOB

9.2 Addition (or Deletion) of Systems which requires an NYS Fire Alarm Security System Installer License as required by Law:

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1. OVERVIEW:

1. This Attachment is Supplemental to, but does not supplant, §6.8 of Solicitation 23150 which forms the basis of This Award.

2. All Contract updates Shall be processed in accordance with these procedures.

3. Any Product Lines, Job Titles, etc. added to the Contract after award Shall be subject to the provisions of Appendix B, Pricing, §3.11.1 Reasonableness of Price, and §6 Terms and Conditions.

4. Procurement Services (OGS) reserves the right to revise this document at any time.

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2. DEFINITIONS:

As used in this document, the following terms mean the following:

1. Allowable Lift Rentals means lifts and bucket trucks used to raise or lower employees of the

Contractor (including employees of a Subcontractor) to perform Installation, Integration, and Maintenance of Equipment that falls within the scope of Award 23150 and is listed on the Contractor’s OGS Approved Pricing Pages published on the OGS website.

2. Contractor’s Proposed Pricing Pages means the excel file the Contractor provides to OGS as part of any Contract Update Request

3. Crane Rental means cranes, boom trucks, and any associated counterweights (including counterweight trailers), used to raise or lower Equipment that falls within the scope of Award 23150 and is listed on the Contractor’s OGS Approved Pricing Pages published on the OGS website so the Contractor’s employees (including any Subcontractor’s employees) can perform Installation, Integration, and Maintenance of this Equipment.

4. Day for purposes of this Appendix, means a Business Day as defined in Attachment 15 - Glossary of

Terms1.

5. Description of Duties – See Attachment 1 – NYS Net Pricing Pages.

6. Distributor’s Certificate (Dist. Cert.) means Attachment 12 - Lot 1 Distributor’s Certificate.

7. Distributor’s Guarantee (Dist. Guar.) means Attachment 14 - Lot 2 Distributor’s Guarantee.

8. Equipment Cheat Sheet means the excel spreadsheet containing a list of line items that OGS has determined are not acceptable and Must not be included in any OGS Approved Pricing Pages

9. Existing Distributor means a Distributor which has previously executed a Distributor’s Guarantee or Distributor’s Certificate for a particular Contract (e.g., Contract PT-----).

10. Existing Job Title means a Job Title which a Contractor has previously submitted to and received approval from Procurement Services to offer this on its Contract (PT-----). A Job Title is NOT an “Existing Job Title” for Contractor A if the Job Title is only offered on Contractor B’s Contract OGS Approved Pricing Pages.

11. Existing Product Line means a Product Line which a Contractor has previously submitted to and received approval from Procurement Services to offer this on its Contract (PT-----). A Product Line is NOT an “Existing Product Line” for Contractor A if the Product Line is only offered on Contractor B’s Contract OGS Approved Pricing Pages.

12. Line Card means a Written list of Product Lines that a Distributor is authorized to sell or resell commercially, published or otherwise available, including, but not limited to, on the Distributor’s website.

13. Manufacturer Certificate (Cert.) means Attachment 11 - Lot 1 Manufacturer’s Certificate.

14. Manufacturer’s Guarantee (Mfr.’s Guar.) means Attachment 13 – Lot 2 Manufacturer’s Guarantee.

1 For definitions of all other the capitalized terms associated with this document, please see Section 2 (“Definitions”) of Appendix B, the “Definitions” worksheet of Attachment 1 – NYS Net Pricing Pages, and Attachment 15 – Glossary of Terms. These documents can be found on the Award’s solicitation files page posted here:

https://ogs.ny.gov/procurement/bid-document-files-intelligent-facility-and-security-systems-and-solutions-statewide

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15. Minor Update Request means either:

A. The addition, to an Existing Product Line(s) on a Contract, of no more than 30 line items of

Equipment which fall within the scope of This Award, or

B. The update the List Price/MSRP, to an Existing Product Line(s) on a Contract, of no more than 30 line items of Equipment which fall within the scope of This Award, or

OR

C. The addition of up to Two (2) Dealers to a Lot 1 Equipment Only Contract.

16. New Distributor means a Distributor which has not previously executed a Distributor’s Guarantee or Distributor’s Certificate for a particular Contract (PT-----).

17. New Product Line means a Product Line which is not an approved Product Line on a particular

Contract (e.g., contract PT-----). Even if another Contractor offers this Product Line, whenever another Contractor requests to add this to their Contract, it is a “New Product Line.”

18. New Job Title means a Job Title, Description of Duties, and Total Hourly Rate which is not an approved labor rate on a particular Contract (PT-----). Even if another Contractor offers this Job Title, whenever another Contractor requests to add this to their Contract, it is a “New Job Title.”

19. Newly-Developed Job Title means a Job Title which was not included in Attachment 1 – NYS Net

Pricing Pages issued with Solicitation 23150.

20. OGS Approved Pricing Pages means the excel file that contains all pricing information for each

Contractor’s Contract, including, but not limited to, Product Line, Equipment/Model #, Equipment Description, Unit of Measurement, Warranty Period (# of Years after acceptance as required by Appendix B, Clause 54, List Price/MSRP, Contractually-Approved Percent (% Discount From List Price/MSRP, NYS Net Pricing, and (for Contractors awarded Lot 2) Job Titles, Descriptions of Duties, etc.; is posted on the OGS public website; and May be updated by OGS from time to time during the Contract Term.

21. Previously Established Job Title means either:

A. A Job Title which was included in Attachment 1 – NYS Net Pricing Pages issued with Solicitation

23150 (e.g., Electrician/Electrical Installer, Technician, Steamfitter, etc.), or

B. After Contract Award, a Newly-Developed Job Title which Procurement Services has previously approved under This Award and is listed in at least One (1) Contractor’s OGS Approved Pricing Pages on the OGS website.

22. Product Data means Manufacturer’s catalog sheets, cut sheets, brochures, standard diagrams, illustrations, schedules, performance charts, test data, standard schematic drawings, specifications, and Installation instructions.

23. Receive means:

A. That a Contractor transmits, in accordance with the instructions in this document, a Contract

Update Request or Minor Update Request to Procurement Services (the individuals identified in this Attachment), and

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AND

B. The Contractor has submitted this Contract Update Request or Minor Update Request during a time period where, in accordance with this Attachment, the Contractor is permitted to submit such a Contract Update Request or Minor Update Request.

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3. OVERVIEW OF UPDATES

1. Below is a table listing the various types of Updates:

Action Additional Notes

Update existing Product Line:

1. Add new Equipment

2. Deleting discontinued Equipment

3. Updating (increasing or decreasing) NYS Net

Pricing (except for Custom-Built Equipment NYS Net Pricing) based on updates to the List Price/MSRP and maintaining the Contractually-Approved Percent (%) Discount Structure From List Price/MSRP

This refers to an Existing Product Line on a particular Contractor’s Contract. The “Pricing” only refers to the “List Price/MSRP” and corresponding NYS Net Pricing for Equipment.

For Contractors awarded Lot 2, update Custom- Built Equipment.

This involves the addition, deletion, or pricing updates for Custom-Built Equipment.

For Contractor awarded Lot 1 or Lot 2, adding a new Product Line(s) or removing an existing Product Line(s)

This involves the addition or deletion of a Product Line(s) to the Contract (e.g., adding or removing Pelco). For Lot 2, where the Product Line(s) is for a System not currently offered on the Contractor’s contract, the Contractor must also add the corresponding Job Title(s).

For Contractors awarded Lot 2, adding or removing:

1. Job Title(s),

2. Subcontractor Percent (%) Markups, or which fit the scope of This Award.

This involves the additional or deletion of Job Title (and the accompanying Description of Duties, Total Hourly Rates, etc.), Subcontractor Categories, and a Subcontractor Percent (%) Markup.

For Contractors awarded Lot 2, updating (increasing/decreasing) the Total Hourly Rates for either:

1. Job Titles Included in n NYS DOL Prevailing

Wage Rate Schedule;

2. Jot Titles Not Included in an NYS DOL

Prevailing Wage Rate Schedule but on the Contractor’s GSA Schedule; or

3. If neither A or B (and for increases only), based on either the Core CPI, or 2%, whichever is less, on the anniversary(s) of Contract award.

For Item # 1, OGS will perform this automatically. Items 2 and 3 both require OGS” approval before they become effective.

For Contractors ONLY awarded Lot 1 Equipment only, adding or removing Dealers

This only applies to Contractors only awarded Lot 1 Equipment Only.

A Contractor awarded a contract as a result of this Solicitation cannot be a Dealer on another contract awarded as a result of this Solicitation.

For Contractors awarded Lot 2, adding or removing:

1. Job Title(s),

2. Subcontractor Percent (%) Markups, or which fit the scope of This Award.

This involves the additional or deletion of Job Title (and the accompanying Description of Duties, Total Hourly Rates, etc.), and a Subcontractor Percent (%) Markup.

2. The following table lists several documents that Must be submitted with depending on the Action being requested in the Contract Update:

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3. As part of the submission of complete, accurate, and timely contract updates:

A. Page 2 of Appendix D Must be signed by a representative of the Contractor authorized to bind the

Contractor, B. Page 3 Must be notarized by completing the acknowledgement on Page 3 evidencing the authorized Representative

4. The Cover Letter Must list:

Action

Contract Modification

Request Form

Cover Letter

Mfr. Or Dist.

Published Price List with List

Price/ MSRP

Contractor’s Proposed

Pricing Pages

Mfr.’s or Dist.

Certificate*

Mfr.’s or Dist.

Guarantee*

Dealer Proposal

Form

Attachment 1 Region

Labor Rate Sheet (for awarded Regions)

For contractors awarded Lot 1 or Lot 2 Updating an existing Product Line:

a. Add new Equipment

b. Deleting discontinued

Equipment

c. Updating (increasing or decreasing) Equipment pricing based on changes to the List Price/MSRP- Pricing (and maintaining the Contractually- Approved Percent (%) Discount Structure From List Price/ MSRP)

X X X X

For Contractor awarded Lot 1 adding New Product Line(s) which fit the scope of This Award or removing an existing Product Line

X X X X X

For Contractor awarded Lot 2 adding New Product Line(s) which fit the scope of This Award

X X X X X

For Contractors awarded Lot 2 adding or deleting Job Titles (Services) or Subcontractor Percent (%) Markups which fit the scope of This Award

X X X

X

For Contractors awarded Lot 2 updating Existing Job Titles Not Included in an NYS DOL Prevailing Wage Rate Schedule

X X X

For Contractors ONLY awarded Lot 1 Equipment only, adding or removing a Dealer

X X X

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A. The particular Product Lines or Product Line Subcategories either being:

1. Added

2. Deleted

3. Updated

AND/OR

B. For Contractors Awarded Lot 2, any Job Titles, Central Station Monitoring Services, Subcontractor

Percent (%) Markup, Crane Rental, or Allowable Vehicle Rental being:

1. Added

C. For Contractors awarded Lot 1, any proposed Dealers being:

1. Added or

5. ALL Updates and Amendments MUST be approved by OGS.

6. Amendments Involving Periodic Recruitment can only occur at the time of the issuance of a Periodic Recruitment.

7. Contractors are responsible for working with OGS to ensure their Contract pricing information is current. All Contractors have been forwarded a copy of their OGS Approved Pricing Pages as unprotected excel in the format of 7720123150PL_(name & date). For all future updates, this spreadsheet will be the basis of Contractor’s request

8. Contractors Must ensure all required information is provided in the format prescribed by OGS:

9. OGS requires that Contractors submit Updates quarterly (three months from the date of OGS’ approving the Contractor’s previous Update request.

10. However, OGS also understands that there May be cases where a Contractor needs to make a Minor Update to fulfill an immediate Authorized User need. Contractors Must have the Authorized User email/call OGS the Minor Update is to address an immediate need of the Authorized User.

11. Any Update request, apart the Minor Updates described in Sec. III.7, submitted less than three (3) months after OGS notifies the contractor of the approval of the contractor’s previous Update will not be accepted and deemed invalid.

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12. Where a Contractor submits two (2) Minor Update requests within a three (3) calendar month period, the Bidder will not be permitted to submit any Auto Add Updates for three (3) months from the date of OGS approving the second Minor Update.

13. Please be advised, Contractors may submit an Update request, but this does not mean the Contract update request is approved.

14. Contractors Must plan and ensure OGS receives adequate lead time. §5, Processing Requirements and Timeframes for Updates of this document details OGS anticipated timeframes for processing Update requests.

15. Updates will generally be processed in the order they are received. OGS will expedite Updates requests only based on a direct (either email or phone call) Authorized User request to Procurement Services, and reserves the right to not expedite based upon current bandwidth and resources.

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4. ESTABLISH AND MAINTAIN PRICING:

1. Contractually-Approved Percent (%) Discount Structure From List Price/MSRP

A. Any Contractually-Approved Percent (%) Discount Structure From List Price/MSRP which is either:

1) Awarded as a result of a Bidder’s proposal submitted in response to this Solicitation

2) Added/approved by OGS in accordance with the procedures specified in this Appendix, Must not, once approved by OGS, be reduced for the Term of the Contract under any circumstances.

B. If a Contractor states it can no longer honor the Contractually-Approved Percent (%) Discount

Structure From List Price/MSRP, the Contractor Must:

1) Request OGS remove this Product Line or Product Line Subcategory from its OGS Approved Pricing Pages

2) Confirm in Writing that if in the future the Contractor requests to add this Product Line or Product Line Subcategory back onto its contract, it Must offer NYS at least equal to, or better Percent (%) Discount(s) for the Product Line or Product Line Subcategory than the Contractually-Approved Percent (%) Discount Structure From List Price/MSRP.

2. Contractually-Approved Percent (%) Markup Structure Over the Prevailing Wage Rate and

Supplemental Benefits:

A. Any Contractually-Approved Percent (%) Markup Structure Over the Prevailing Wage Rate and Supplemental Benefit which is either:

1) Awarded/Approved as a result of a Bidder’s proposal submitted in response to this

Solicitation

2) Added/approved by OGS in accordance with the procedures specified in this Appendix, Must not, once approved, be increased for the Contract Term under any circumstances.

B. If a Contractor states it can no longer honor the Contractually-Approved Percent (%) Markup Structure Over the Prevailing Wage Rate and Supplemental Benefit, it Must:

1) Request OGS remove this Job Title from its OGS Approved Pricing Pages, and

2) Confirm in Writing that if in the future the Contractor requests to add this Product Line back onto its Contract, it Must offer NYS at least equal to, or lower Contractually-Approved Percent (%) Markup Structure Over the Prevailing Wage Rate and Supplemental Benefit.

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3. All Custom-Built Equipment NYS Net Pricing May only be increased annually on the anniversary of the date of initial Award by Core CPI or 2%, whichever is less.

4. All Job Titles Not Included in an NYS DOL Prevailing Wage Rate Schedule but which are included on a Contractor’s GSA Contract May be updated based on updates to the Contractor’s GSA Contract less the industrial funding fee (IFF).

5. All Job Titles Not Included in an NYS DOL Prevailing Wage Rate Schedule and not listed on a Contractor’s GSA contract May only be increased annually on the anniversary of the date of initial Award by Core CPI or 2%, whichever is less.

6. All Central Station Monitoring Fees May only be increased annually on the anniversary of the date of initial Award by Core CPI or 2%, whichever is less.

7. Any Subcontractor Percent (%) Markup which is either:

A. Awarded/Approved as a result of a Bidder’s proposal submitted in response to this Solicitation, B. Added/approved by OGS procedures specified this Appendix, Must not, once approved, be increased for the Contract Term under any circumstances.

8. Any Crane Rental Equipment NYS Hourly Rental Net Price May only be increased annually on the anniversary of the date of initial Award by Core CPI or 2%, whichever is less

9. Any Allowable Vehicle Rental NYS Hourly Rental Net Price May only be increased annually on the anniversary of the date of initial Award by Core CPI or 2%, whichever is less

10. All Not-To-Exceed Pricing Must not include industrial funding fees (IFF) or other contract administration or use fees

11. Changes in other Government or Comparable contracts (e.g. GSA Contracts), Must not be used to:

A. Reduce the Contractually-Approved Percent (%) Discount Structure From List Price/MSRP, B. Increase the Contractually-Approved Percent (%) Markup Structure Over the Prevailing Wage Rate and Supplemental Benefit

12. OGS WILL not approve any Update or Amendment submitted by a Contractor which requests to either Reduce a Contractually-Approved Percent (%) Discount Structure from List Price/MSRP or Increase a Contractually-Approved Percent (%) Markup Structure Over the Prevailing Wage Rate and Supplemental Benefit.

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5. PROCESSING REQUIREMENTS AND TIMEFRAMES FOR

UPDATES:

1. Before submitting a Contract Update Request, Contract Must contact the OGS Contract Manager and request a copy of their OGS Approved Pricing Pages and use this as the basis for developing its proposed NYS Net Pricing Pages to submit to OGS.

2. For all Contract Updates when a Contractor submits a Contract Update, OGS will review this within 30 business days of the date OGS Receives the Contract Update. For all Contract Update Request OGS Receives on or after January 2nd, 2022, OGS will perform an initial pass or fail review to determine as follows:

A. If a Contractor is proposing to add a New Product Line or update an Existing Product Line, Contractor Must

1) Correctly perform the review, and

2) Provide the documentation in its Contractor’s Proposed Pricing Pages

Required by §8.1 Mandatory Review Using the Equipment Cheat Sheet of this document.

If OGS determines the Contractor did not correctly perform the aforementioned review and provide this information with its initial Contract Update request, OGS will not perform any further review of the Contract Update and will deny (reject) the Contract Update Request.

B. If the Contractor proposes to add a Product Line or Product Line Subcategory that is not currently offered on Award 231502

1) The Contractor Must provide the information required in §7.3 Product line Scope Justification

2) Where the Contractor claims the Product Line or Product Line Subcategory is a Public Address System, the Contractor Must provide the information required by §7.3.1

Or OGS will not perform any further review of the Contract Update Request and will deny (reject) the Contract Update Request

C. If a Contractor proposes to reduce their Contractually-Approved Percent (%) Discount Structure from List Price MSRP for any Product Line or Product Line Subcategory, OGS will not perform any further review of the Contract Update Request and will deny (reject) the Contract Update Request

D. If Contractor proposes to reduce their Contractually-Approved Percent (%) Markup Over the

Prevailing Wage Rate and Supplemental Benefit for any Job Title or the Subcontractor Percent

2 Please see the Product Line and Systems Matrix for a list of all Product Lines and Product Line Subcategories currently offered on Award 23150 at the following link:

https://online.ogs.ny.gov/purchase/snt/awardnotes/7720123150_Matrix.xlsx

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(%) Markup, OGS will not perform any further review of the Contract Update Request and will deny (reject) the Contract Update Request

E. Except as part of a Periodic Recruitment, if Contractor requests to change Lots, including, but not limited to a Contractor awarded Lot 1 proposing to add Services, Central Station Monitoring, Crane Rentals, or Allowable Vehicle Lists is proposing to change Lots and OGS will not perform any further review of the Contract Update Request and will deny (reject) the Contract Update Request

G. Except as part of a Periodic Recruitment, if Contractor requests to change Regions, OGS will not perform any further review of the Contract Update Request and will deny (reject) the Contract Update Request

H. If a Contractor awarded Lot 2 proposes to add Crane Rental, and does not indicate this by both:

1) Selecting “Add/delete Crane Rental” on question 2 of Page 2 of this document

2) Listing the following in the Crane/Allowable Vehicle Rental Pricing template sheet:

A) Project equipment rental description (size, type, etc.)

B) NYS Hourly Rental Net Price

C) NYS Hourly Overtime Rental Net Price*

OGS will not perform any further review of the Contract Update Request and will deny (reject) the Contract Update Request.

I. If a Contractor

1) Selecting “Add/delete Allowable Vehicle Rental” on question 2 of Page 2 of this document

2) Listing the following in the Crane/Allowable Vehicle Rental Pricing template sheet:

A) Project equipment rental description (size, type, etc.)

B) NYS Hourly Rental Net Price

C) NYS Hourly Overtime Rental Net Price*

OGS will not perform any further review of the Contract Update Request and will deny (reject) the

J. If a Contractor submits a Contract Update Request to either

1) Add a New Product Line

2) Update an existing Product Line

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But does not include the Manufacturer’s or Distributor’s List Price/MSRP File used to develop its Contractor’s Proposed Pricing Pages, OGS will not perform any further review of the Contract Update Request and will deny (reject) the Contract Update Request.

K. Where the Contractor has not provided outstanding Contract Usage Reports, OGS will not perform any further review of the Contract Update Request and will deny (reject) the Contract Update Request.

OGS will not allow a Contractor to clarify these issues and there will be no exceptions.

3. For any Contractor that complied with the provisions in in Subsection 2 above, OGS will review all other documents determine if there are any issues in the Contract Update that require clarification.

4. Once OGS completes the review in Subsection 3, OGS will either:

A. Email questions and action items to the Contractor and require the Contractor respond by providing the required information in a complete, accurate, and acceptable form within 15 days, B. Determines there are no issues requiring clarification, OGS will approve the Contract Update

Request in accordance with subsection.

5. For those entities that OGS sent requests for clarification to in step 4, if, after 15 days:

A. The Contractor does not respond to Procurement Services by providing the required information, Procurement Services will deny the Update Request and notify the Contractor that the Update request, B. If the Contractor responds by providing information, Procurement Services will review this within 30 days of the date it Procurement Services Receives this information to determine if Contractor provided the required information in a complete, accurate, and acceptable form.

6. If during the review conducted described in Sec. 4B OGS determines that the Contractor did not provide the complete, accurate, and unacceptable information as required by OGS, OGS will email questions to the Contractor and require the Contractor respond by providing the required information in a complete, accurate, and acceptable form within 15 days.

7. If, after 15 days:

A. The Contractor does not respond to OGS by providing the required information, Procurement

Services will notify the Contractor that the Update request is denied, B. If the Contractor responds by providing information, Procurement Services will review this within 30 days of the date OGS this information to determine if Contractor provided the required information in a complete, accurate, and acceptable form, provided, that if Procurement Services determines that the Contractor did not provide the complete, accurate, and acceptable required information, OGS will deny the Update request.

8. During the review, the Update IS NOT approved. Therefore, Contractors cannot reference any proposed update to Authorized Users.

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9. Any Contractor whose Update request is denied Must not submit an Update request until three months after the date of OGS’ notification of denial of the Update request without first reaching out to Procurement Services .

10. During a Periodic Recruitment, the timeframe for OGS’ review listed in Items 1, 3B, and 5B above

Shall be 90 business days from the date Procurement Services Receives the Update.

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6. SUBMISSION REQUIREMENTS FOR AMENDMENTS

DURING PERIODIC RECRUITMENT:

The process for submitting and processing Amendments Involving Periodic Recruitment will be included in the Periodic Recruitment version of Solicitation 23150.

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7. MANUFACTURERS, DISTRIBUTORS, PRODUCT LINES, &

EQUIPMENT:

7.1 Overview:

Contracts Under Award 23150 have specific requirements regarding Manufacturers, Distributors, Product Lines, and Equipment.

This section outlines several procedures and determinations regarding:

1. If a Business Entity is a Manufacturer or Distributor

2. Required Forms

3. Acceptable Product Lines, Product Line Subcategories, and Equipment.

7.2 Appropriate Forms, Designation, and Authorization:

7.2.1 Attachments 13, 14, 15, and 16

1. Except where the Contractor is the Manufacturer of a Product Line, for any Contract awarded Lot 1 who is requesting to add a New Product Line Must obtain and provide to Procurement Services

A. An Attachment 11 - Lot 1 Manufacturer’s Certificate

B. Either

1) Attachment 12 - Lot 1 Distributor’s Certificate from a New Distributor

2) If the Product Line will be certified by an Existing Distributor, use the following to determine what is required to be submitted:

Contract Update Lot 1 Equipment Only Add New Product

Line

Entity to Guarantee

Is the Product Line currently listed on the Distributor’s

Certificate on file with Procurement Services?

Updated Distributors Certificate Required

New Product Line Existing Distributor Yes No

New Product Line Existing Distributor No Yes

2. Except where the Contractor is the Manufacturer of a Product Line, any Contractor awarded Lot 2 who is requesting to add a New Product Line Must obtain and provide to Procurement Services

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A. An Attachment 13 -- Lot 2 Manufacturer’s Guarantee from the Manufacturer of the Product Line

B. Either:

1) If the Product Line will be guaranteed by a New Distributor, an Attachment 14 - Lot 2

Distributor’s Guarantee

2) If the Product Line will be guaranteed by an Existing Distributor, use the following to determine what is required to be submitted:

Update Lot 2 Adding New Product Line

Entity to Guarantee

Is the Product Line currently listed on the Distributor’s

Guarantee on file with Procurement Services?

Updated Distributors Guarantee Required?

New Product Line Existing Distributor Yes No

New Product Line Existing Distributor No Yes

7.2.2 Demonstrating a Contractor is a Manufacturer

This Award defines1 Manufacturer as:

An organization or Business Entity that creates, makes, manipulates, produces, processes, or fabricates Equipment or something of value, by changing a raw material or commodity from one form to another or creates a new product or commodity.

In order for a Contractor is a Manufacturer, Contractor Must provide the following:

1. Manufacturer’s Product Data

AND/OR

2. ISO certifications (or other industry standard documents) for Contractor’s manufacturing processes

AND/OR

3. Documents from Underwriter’s Laboratory (UL) or Fireman’s Mutual (FM), etc.

Demonstrating that the Contractor is the Manufacturer.

Final determination for whether or not a Business Entity is a Manufacturer resides solely with OGS.

7.2.3 Demonstrating a Business Entity is a Distributor

This Award defines1 a Distributor as:

A Business Entity which purchases Products either directly from a Manufacturer, or from another Business Entity and then re-sells these to another Business Entity as part of a supply chain. For purposes of this Solicitation, any MWBE or SDVOB “supplier” of Products is a “Distributor,” but

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Distributors do not perform Installation, Integration, or Maintenance. Therefore, OGS will not accept any Business Entity as a Distributor that:

1. Performs Installation, Integration, and/or Maintenance

2. Holds itself out as performing Installation, Integration, and/or Maintenance

3. Possesses an NYS Fire Alarm Security System Installer License or Master Electrician License

Except for those Distributors listed in §7.4.4 Business Entities OGS Determined are Distributors of this document, whenever a Contractor proposes to utilize a Business Entity as a Distributor, OGS will review to determine if the Business Entity meets the contractual definition of a Distributor.

7.2.4 Distributor’s Line Card

Whenever a Distributor executes either an Attachment 12 – Lot 1 Distributor’s Certificate or an Attachment 14 - Lot 2 Distributor's Guarantee, the Distributors Must not certify or guarantee a Product Line that is not listed on the Distributor’s Line Card.

OGS will not accept an Attachment 12 – Lot 1 Distributor’s Certificate or Attachment 14 – Lot 2 Distributor’s Guarantee that lists Product Lines that are not on the Distributor’s Line Card.

7.2.5 Situations Manufacturers Prohibited from Executing Manufacturer’s Guarantees

1. Where a Manufacturer executes an Attachment 13 – Lot 2 Manufacturer’s Guarantee listing a particular Contractor, OGS will review the Manufacturer’s website to verify that the Contractor is Authorized to:

A. Sell the Manufacturer’s Equipment, B. Perform Installation, Integration, and Maintenance of the Manufacturer’s Equipment included in the Manufacturer’s Product Line.

If OGS determines the Manufacturer does not list the Contractor as authorized to install, Integrate, and maintain the Product Line or Product Line Subcategory on its website, OGS will not approve adding the Manufacturer’s Product Line or Product Line Subcategory to the Contractor’s Contract.

2. Where a Manufacturer executes an Attachment 13 – Lot 2 Manufacturer’s Guarantee for a Contractor where:

A. The Manufacturer holds a Contract under Award 23150, B. The Manufacturer’s Website does not list the Contractor named in the Attachment 13 – Lot 2

Manufacturer’s Guarantee as authorized to perform Installation, Integration, and Maintenance

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OGS will not accept the Attachment 13 – Lot 2 Manufacturer’s Guarantee from the Manufacturer and will not approve adding this Product Line to the Contractor’s Contract.

7.2.6 Product Lines That Include Equipment Manufactured by Other Manufacturers

1. The Price/MSRP Files for certain Product Lines or Product Line Subcategories include Equipment that is Not Manufactured by the Manufacturer of the Product Line or Product Line Subcategory the “Listed Manufacturer”) but instead is Manufactured by another Manufacturer whose own Product Line or Product Line Subcategory:

A. Is offered on at least one Contract under Award 23150, B. Could be offered on a Contract as some or all of the items of Equipment comprising the Product

Line or Product Line Subcategory fall within the scope of Award 23150.

For Example:

Certain Product Lines include Uninterruptable Power Supplies (UPS) Manufactured APC by Schneider Electric, Tripp Lite, etc.

Certain Product Lines include Equipment Manufactured by HID Global.

2. In these instances, the Contractor Must remove the Equipment not Manufactured by the Listed

Manufacturer from the Listed Manufacturer’s Product Line or Product Line Subcategory. For example, if Acme’s Product Line ABC includes certain APC UPS, the Contractor Must remove the UPS items of Equipment from Acme’s Product Line ABC in its NYS Net Pricing Pages.

3. This does not apply when UL issues a Certification for the item of Equipment referencing the Listed

Manufacturer as the Manufacturer of this Equipment. OGS Must be able to verify this on the UL website (see below):

Final determination for whether the Listed Manufacturer meets this resides solely with OGS.

7.3 Product Line Scope Justification

If proposing to add any Product Line or Product Line Subcategory that has not been previously approved on any other Contract, the Contractor Must:

1. Identify which System or Systems does the Product Line or Product Line Subcategory fall (e.g. Public

Address System)

2. Explain why the Product Line or Product Line Subcategory meets the definition of the System or

Systems referenced

3. Provide an example of a customer project either Contractor performed or another entity performed where this Product Line was used in a manner which meets the definition of the System or Systems Contractor Selected; in particular if Contractor is providing a project they performed, include the final scope of work (actual document) for the project the customer sent the Contractor

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4. Provide Product Data, Documentation, and/or applicable Building Codes (actual language/portion, not just a reference) documents demonstrating that the Equipment comprising the Product Line or Product Line Subcategory meet the definition of the System or Systems Contractor selected.

Contractor Must submit this in a separate spreadsheet and include the supporting documentation such as the. Product Data that is referenced in the spreadsheet.

Final determination for whether a Product Line or Product Line Subcategory falls within the scope of Award 23150 is solely that of OGS.

7.3.1 Determining if a Product Line Meets the Definition of a Public Address System

1. This Award defines1 Public Address Systems as follows:

A System for delivering messages, instructions, alerts, or other communications, via speakers/loudspeakers. This System Must contain an “emergency override” or “priority override” so that any emergency notification message, alarm notification, etc. overrides any other function being performed or which could be performed by a Public Address System.

2. For any Product Line or Product Line Subcategory that is not currently on Award 23150 where:

A. the Contractor either claims the Product Line or Product Line Subcategory include and meet the definition of Public Address System

B. In the course of OGS’ Review OGS determines the Product Line or Product Line Subcategory

May include Public Address Systems the Contractor Must demonstrate that the Equipment comprising the Product Line or Product Line Subcategory meets the definition of a Public Address System by including a Priority or Emergency Override function

3. As part of and in addition to providing the documentation required by §7.3, Product Line Scope

Justification, Contractor Must demonstrate that the Equipment comprising the Product Line or Product Line Subcategory contains a priority or emergency override.

4. Final determination for whether a Product Line or Product Line Subcategory meets the aforementioned definition of Public Address System is solely that of OGS.

7.3.2 Determining if a Gate and Gate Operator Fall with the Scope of This Award

1. If a Contractor that is permitted to offer gate wishes to add a gate and gate operator Equipment to its

Contract, then it Must comply with the following:

A. The gate operator and gate Equipment Must be manufactured by the same Manufacturer.

B. The gate operator Equipment Must:

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1) Be certified by Underwriter’s Laboratory (UL) as meeting UL Standard 3253

2) Contain and be controlled by a microprocessor that is factory-installed

3) Require technical, professional, and scientific skill to Program, Integrate, and Commission, etc.

4) Be part of the Physical Access Control…