3520523227AppendixC.pdf

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23227i_Appendix C

APPENDIX C

CONTRACT MODIFICATION PROCEDURE

The following guidelines are subject to change at the discretion of OGS, Procurement Services. A Contract Amendment requires a formally executed document by mutual agreement of the Parties, to be provided by OGS 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 Contract terms and conditions. Updates May include: adding new Products; deleting obsolete Products; increase pricing which do not decrease the Awarded Percentage Discount for a Product Line); lowering pricing of Products already on

Contract, changes to Distributor list; and other updates not listed above that are deemed to be in the best interest of the State and do not result in a change to the established Contract terms and conditions. Updates

Must be submitted to the OGS Contract Administrator for review and OGS Will notify Contractor in Writing if approved.

b) AMENDMENTS: “Amendments” is 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 §6.19

CONTRACT UPDATES. The process for submitting and processing Amendments involving Periodic

Recruitment will be included in the Periodic Recruitment version of IFB 23227. OGS Will work directly with the Contractor to obtain the required documentation for each requested amendment and notify the Contractor in Writing if approved.

(2) CONTRACTOR’S SUBMISSION OF CONTRACT MODIFICATIONS: In connection with any Contract modification, OGS reserves the right to:

• request additional information

• reject Contract modifications

• remove Products from Contract modification requests

• request additional discounts for new or existing Products

• remove any Distributor

(3) CONTRACT UPDATES

OGS Will not approve any Contract Update where the Contractor has outstanding Sales Reports, Proof of

Insurance, or any other documentation that is required under the resulting Contract.

a) PRICING UPDATES:

i. PRICING INCREASES AND DECREASES:

Pricing submitted with Bid Must remain in effect through the first anniversary date of the Bid Opening, excepting that price reductions will take affect at any time.

Thereafter, Contractors May request to update their price list when the Manufacturer’s Nationally

Published Price List is published reflecting updated (increased or decreased) List Price/MSP for particular

Products.

The Contractor will insert the new List Price for the Product into its NYS Net Pricing Pages and multiply this by the awarded Percentage Discount to calculate the updated NYS Net Pricing.

Contractors Must not decrease their Awarded Percentage Discount(s) for the entire term of the Contract.

ii. ADDING AND/OR DELETING PRODUCTS:

Contractors Will be permitted to add new Products and/or delete obsolete Products when published by the

Manufacturer in their Manufacturer’s Nationally Published Price List

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New Products(s) offered Must meet SPECIFICATIONS. If applicable, the

Contractor will submit with their request, Attachment 11 – Product Attestation on all new Products(s) and a copy of the CPL with the new models highlighted.

The Percentage Discount offered on any new Products Must not be lower than the Awarded Percentage

Discount for Product Line containing the new Products..

iii. GENERAL INFORMATION REQUIRED FOR PRICING:

For a Contract Update, The Contractor Must provide OGS with one (1) electronic copy of each of the following:

• Manufacturer’s Nationally Published Price List, which Must be dated and include the name of the

Price List (e.g. ABC Company’s 2019 Retail Price List, effective 3/1/19);

• A revised NYS Net Price List

b) ADDING AND/OR DELETING DISTRIBUTORS:

Contractors, who are the Manufacturer, Will be permitted to add and/or delete authorized Distributors any time during the Contract term (See §6,33 Distributors).

The Contractor Will submit with their request, a revised Attachment 9- Distributor Information, which lists

ALL Contractor’s Authorized Distributor for the Contract.

PRICE LEVEL JUSTIFICATION – FORMAT: Contractor is required to submit the Product and price level information for the update in an Excel spreadsheet format electronically via e-mail to the OGS Contract

Administrator. The price list Must be dated and will be consistent with the format of the Contractor’s approved

Attachment 1 - Pricing. 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

• Products being added;

• Products being deleted

(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 Must include a cover letter written on company letterhead that briefly describes 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, etc.). The Contract

Modification Form Must contain original signatures by an individual authorized to sign on behalf of Contractor and Must be notarized.

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INSTRUCTIONS:

1. This form is to be used for all Contract modifications. The form is to be completed in full, signed and submitted to

OGS, Procurement Services for final approval. Any submission that is not complete and signed will be rejected.

2. Contract updates Must be in accordance with the Contract and submitted via e-mail to the OGS Contract

Administrator for this Contract.

3. If more than one type of modification is being requested, each type should be submitted as a separate request.

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

CONTRACT MODIFICATION FORM

OGS CONTRACT NO.: _________________

CONTRACT DESCRIPTION:

Award 23227, Group 35205 – Body Armor, Law

Enforcement (Statewide)

DATE OF SUBMISSION: ______________________

CONTRACT PERIOD:

From: October 1, 2021

To: September 30, 2026

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 5 BELOW:

1. This request is for an:

_____ Update

_____ Amendment

See Contract Modification Procedure for an explanation of these terms.

2. The intent of this submittal is to:

_____ Add new Products

_____ Delete Products

_____ Increase Pricing

_____ Reduce Pricing

_____ Change Distributor List

_____ Other Update

_____ Other Amendment

3. All discounts are:

_____ GSA

_____ Most Favored Nation*

*Prices offered are the lowest offered to any similarly situated entity.

4. Attached documentation includes:

_____ Cover letter written on company’s letterhead

_____ Current approved GSA Schedule, if applicable

(labeled "For information only")

_____ Current Manufacturer’s Nationally Published Price

List(s)

_____ Revised NYS Net Price List in same format required for this Contract, dated and new products indicated

_____ Attachment 9 – Distributor Info (if applicable) which lists ALL Distributors for the Contract

_____ Attachment 11 – Product Attestation (if applicable)

_____ A copy of CPL with new models highlighted (if applicable)

5. Cover Letters: Describe the nature and purpose of the update/modification (e.g., update requested in order to reflect a recently published Manufacturer’s Published Price List, to add/delete Products, to add/delete Distributor, etc.).

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The following CORPORATE 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 authorizing authority’s signature Must be notarized.

Signature of Authorized Contractor Representative

CORPORATE ACKNOWLEDGMENT

STATE OF}:

ss.:

COUNTY OF}

On the _____day of ________________in the year 20__, before me personally came:

_______________________, to me known, who, being by me duly sworn, did depose and say that he/she/they reside(s) in _________________; that he/she/they is (are)

______________________________ (the President or other officer or director or attorney in fact duly appointed) of ____________________________________________, the corporation described in and which executed the above instrument; and that he/she/they signed his/her/their name(s) thereto by authority of the board of directors of said corporation.

Notary Public

OGS APPROVAL:

Approved ______ Approved as amended ____________ Disapproved_________

Name: ________________________________________

Title: _______________________________________ Date______________________