NOTICE OF CONTRACT AWARD

Transcription

1 NOTICE OF CONTRACT AWARD AUBURN CORRECTIONAL FACILITY GROUP NO./COMMODITY: 38620/Materials for Reflective License Plates, Thermal (Digital Sheeting) Transfer Process Contract No. Contractor Contact Information Federal ID# PA M Company Richard LaClair Customer Ser. Team Leader M Center Phone: Building 235-3A-09 Toll Free: St. Paul, MN Fax: PA06122 John R Wald Co., Inc. Sally J. Barner, Purchasing Admin Fairgrounds Road Phone: Huntingdon, PA Toll Free: Fax: sbarner@jrwald.com Contract Period: August 15, 2009 through August 14, 2011 Invitation For Bids (IFB) No.: 786 (Replaces Award No. 525) Bid Opening Date: 07/13/09 Direct inquiries regarding this contract to: Ray Evans Purchasing Agent 550 Broadway Albany, NY Telephone: (518) Ext Fax: (518) Raymond.evans@.docs.state.ny.us Contract Approval Date: August 20, 2009 (Corcraft) By: Nancy Abraham Supervisor CI Purchasing FOR TAX FREE TRANSACTIONS UNDER THE INTERNAL REVENUE CODE, THE NEW YORK STATE REGISTRATION NUMBER IS K. TERMS AND CONDITIONS AS APPLIED TO THIS CONTRACT ARE AS PER THE REFERENCED INVITATION FOR BIDS, PROCUREMENT LOBBYING ACT, CONTRACTOR CERTIFICATION (Tax Law 5-a, ST-220 Form) AND THE ATTACHED PAGES.

2 GROUP Materials for Reflective License Plates, Thermal PAGE 2 Delivery to: Auburn Correctional Facility 135 State St. Auburn, NY Furnish and deliver as described below and per referenced Detailed Specifications. LOT I REFLECTIVE SHEETING (DIGITAL) 1. Reflective Sheeting, White with "pre-clear" 540,000 $ 0.78 /SF 4790 PET 200 yards long, wound on 6" I.D. core. 2. Reflective Sheeting, White with "pre-clear" 172,000 $ 0.78 /SF 4790PET coating, 14" width x 1/32" thick x 200 yards long, wound on 6" I.D. core. LOT II - CLEAR PROTECTIVE LAMINATE: 3. Clear Protective Laminate, 11-15/16" width 540,000 $ 0.42 /SF 9097 x 400 yards long, wound on 3" I.D. core. 4. Clear Protective Laminate, 7" width x 400 yards long, wound on 3" I.D. core. 172,000 $ 0.42/SF 9097 CONTRACTOR: LOT I & II 3M COMPANY LOT III - THERMAL TRANSFER RIBBONS: Thermal Transfer Ribbons, wound on 1" I.D. cores, in the following Matan Spark 1612 referenced colors, or approved equal: x 300m, Process Yellow - #UU12PY30 38,000 $ 0.234/SF MAT-AR12PY x 300m, Process Magenta - #UU12PM30 38,000 $ 0.234/SF MAT-AR12PM x 300m, Process Cyan - #UU12PC30 38,000 $ 0.234/SF MAT-AR12PC x 300m, Process Black - #UU12PK30 15,000 $ 0.244/SF MAT-AR12PK x 150m, Spot Forest Green - #UU12FG15 15,000 $ 0.254/SF MAT-AR12PFG x 150m, Spot Intense Red - #UU12SIR15 15,000 $ 0.254/SF MAT-AR12SIR x 150m, Spot Sapphire Blue - #UU12SSSB15 38,000 $ 0.249/SF MAT-AR12SSB x 300m, Spot? Pantone 137c (Gold) 690,000 $ 0.296/SF TBD x 300m, Spot? Pantone 655c (Navy Blue) 690,000 $ 0.296/SF TBD x 300m, Process Yellow - #UU16PY30 6,000 $ 0.294/SF MAT-AR16PY x 300m, Process Magenta - #UU16PM30 6,000 $ 0.294/SF MAT-AR16PM x 300m, Process Cyan - #UU16PC30 6,000 $ 0.294/SF MAT-AR16PC x 300m, Process Black - #UU16PK30 6,000 $ 0.294/SF MAT-AR16PK x 150m, Spot Sapphire Blue - #UU16SSSB15 6,000 $ 0.304/SF MAT-AR16SSB x 300m, Spot? Pantone 137c (Gold) 165,000 $ 0.296/SF TBD x 300m, Spot? Pantone 655c (Navy Blue) 165,000 $ 0.296/SF TBD CONTRACTOR: LOT III JOHN R WALD, CO. INC.

3 GROUP Materials for Reflective License Plates, Thermal PAGE 3 REQUEST FOR CHANGE: Any request by the agency or contractor regarding changes in any part of the contract must be made in writing prior to effectuation. Such requests are subject to approval of the State Comptroller. CONTRACT PAYMENTS Payments cannot be processed by Auburn Correctional Facility,, until the contract items have been delivered in satisfactory condition. Payment will be based on an invoice used in the supplier s normal course of business; however, such invoice must contain sufficient data including, but not limited to, Contract No., description of material, quantity, unit and price per unit, as well as Federal Identification Number. Properly completed vouchers are required to be forwarded to the Office of the State Comptroller for audit and payment. Agencies are urged to process vouchers expeditiously. APPENDIX A: The contractor agrees to comply with Appendix A, New York State Standard Contract clauses. PRICE: Price includes all customs duties and charges and is net, F.O.B. destination, Auburn Correctional Facility, Division of Industries, Auburn, NY, including tailgate delivery. Tailgate height unloading dock available, and forklift capability is 10,000 pounds. Deliveries only accepted Monday through Friday, except holidays. Trucks should deliver between the hours of 8:00am 10:30am and 12:30pm 2:00pm for unloading that day. Contractor shall contact Mr. William Weaver (315/ , Ext. 2300) at least 48 hours before making shipment. VENDOR RESPONSIBILITY DISCLOSURE: Any finding of non-responsibility may be sufficient cause for Termination of the contract. It is the sole responsibility of the resultant contractor, at any time throughout the contract period, to promptly notify the of any changes to its original responses in the questionnaire. Failure to do so may be sufficient cause for termination of the contract. PROCUREMENT LOBBYING TERMINATION: In accordance with the Vendor Responsibility Disclosure clause and/or Termination for Cause in Appendix B, General Specifications and/or New York State Finance Law Section 139-k and/or Tax Law 5-a, the Division of Industries reserves the right to terminate a contract by providing ten (10) days written notification to the Contractor, for cause in the event of determination made after an award with respect to vendor non-responsibility, or in the event of determination that certification filed in accordance with State Finance Law Section 139-k and/or Tax Law 5-a was intentionally false or intentionally incomplete. DELIVERY: Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be made in accordance with instructions on Purchase Order from each agency. If there is a discrepancy between the purchase order and what is listed on the contract, it is the contractor s obligation to seek clarification from the ordering agency and, if applicable, from the Department of Correctional Services,. MATERIALS CERTIFICATION: Contractor will provide with each shipment of materials certification that the accompanying products comply with specifications herein.

4 GROUP Materials for Reflective License Plates, Thermal PAGE 4 CONTRACTOR'S NOTES: 1. Contractor shall furnish the agency with written acknowledgement of the shipping date at least two weeks prior to shipment. Failure to comply may be cause for the initiation of contract default proceedings. 2. If shipment will not be made within the guaranteed delivery time, the contractor is required to notify the agency in writing at least two weeks prior to the latest date of the original delivery obligation. This notification must include the reasons for the delay and the latest date the material will be shipped. Should the delay be not acceptable to the using agency, appropriate contract default proceedings will be initiated. Failure to supply timely written notification of delay may be cause for default proceedings. All correspondence for the aforementioned two points shall be directed to: Department of Correctional Services Auburn Correctional Facility 550 Broadway and 135 State Street Albany, NY Auburn, New York Attn: Ray Evans Attn: Bill Weaver reevans@corcraftt.docs.state.ny.us Phone: 315/ ext: 2300 ESTIMATED QUANTITIES: The quantities or dollar values listed are estimated only. See "Estimated/Specific Quantity Contracts" in Appendix B, General Specifications. CONTRACT PERIOD AND RENEWALS: Prices or discounts quoted are to be firm for the entire period of the contract. Price escalation or discount reduction will not be allowed and is specifically excluded from the terms and conditions of the Invitation for Bid, its specifications and subsequent contract award. Price decreases or discount increases are permitted at any time. If mutually agreed between the and the contractor, the contract may be renewed under the same terms and conditions for additional period(s) not to exceed a total contract term of five (5) years. CANCELLATION FOR CONVENIENCE: The State of New York retains the right to cancel this contract, in whole or in part without reason provided that the Contractor is given at least sixty (60) days notice of its intent to cancel. This provision should not be understood as waiving the State's right to terminate the contract for cause or stop work immediately for unsatisfactory work, but is supplementary to that provision. Any such cancellation shall have no effect on existing Agency agreements, which are subject to the same 60 day discretionary cancellation or cancellation for cause by the respective user Agencies. SHORT TERM EXTENSION: In the event the 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 one month upon notice to the contractor with the same terms and conditions as the original contract including, but not limited to, quantities (prorated for such one month extension), prices, and delivery requirements. With the concurrence of the contractor, the extension may be for a period of up to three months in lieu of one month. However, this extension terminates should the replacement contract be issued in the interim and the contract period shall not exceed a total contract term of five (5) years as stated in the contract period and renewals clause. WARRANTIES: See "Warranties" in Appendix B, General Specifications. EMERGENCY PURCHASING: In the event that a disaster emergency is declared by Executive Order under Section 28 of Article 2-B of the Executive Law, or that the Commissioner determines pursuant to his/her authority under Section 163(10)(b) of the State Finance Law that an emergency exists requiring the prompt and immediate delivery of products or services, the Commissioner reserves the right to obtain such products or services from any source, including but not limited to this contract, as the Commissioner in his/her sole discretion determines will meet the needs of such emergency. Contractor shall not be entitled to any claim or lost profits for products or services procured from other sources pursuant to this paragraph.

5 GROUP Materials for Reflective License Plates, Thermal PAGE 5 GUARANTEE: The bidder guarantees that the material offered is standard new materials. Reflective sheeting, thermal transfer ribbons including print there from and clear protective laminate, when converted, processed and applied per supplier/manufacturer's instructions and combined with a suitable substrate into a finished product shall have a life expectancy guaranteed equal to or greater than the performance called for herein. Material failing this guarantee is to be replaced without any cost to the State. SURETY BOND: The bidder being considered for award or the contractor shall, within 15 days of request and at its own cost and expense, obtain and maintain in full force and effect for sixty days after contract expiration: an irrevocable documentary LETTER OF CREDIT with a sound and reputable bank authorized to do business in the State of New York, OR a PERFORMANCE BOND signed by a surety company authorized to do business in the State of New York, OR a PAYMENT BOND signed by a surety company authorized to do business in the State of New York, in the amount of 50% of the total value of the contract for the faithful performance of the contract. The LETTER OF CREDIT, PERFORMANCE BOND, PAYMENT BOND, etc., shall name as beneficiary the State of New York, Department of Correctional Services,, and may be invoked to the benefit of the State of New York, Department of Correctional Services,, upon delivery of a certified statement to the issuing bank or surety company that the contractor has failed to perform pursuant to the terms and conditions of its contract with the State of New York. With its bid submission, the bidder shall include a letter from its bank or surety company stating that the letter of credit or bond will be provided if being considered for a contract or in the event of a contract. MANUFACTURING PLANT VISITS: In the event that the Commissioner of Correctional Services, in its sole discretion, determines that there is a necessity for one or more representatives of the State to visit the contractor s manufacturing facility, the contractor shall be required to reimburse the State of New York for all reasonable and necessary costs incurred for such visits. Such visits shall only be required in circumstances evidencing deficiencies in contract performance and shall not be unreasonably imposed. CONTRACTOR(S) SERVICE RESPONSIBILITIES: All material shall be appropriate for use with existing thermal transfer process license plate manufacturing equipment owned by New York State and now in service at the Auburn Correctional Facility, Auburn, New York. The contractor shall be responsible for the compatibility and suitability of materials (reflective sheeting, thermal transfer ribbons including print there from, and clear protective laminate) for their intended purpose and bear all costs required to properly adapt the materials to the State owned Auburn manufacturing equipment and facilities. The contractor shall provide the consultation service of a knowledgeable factory trained technical representative. These services shall include a review at the site monthly, or more often if required, of the agency s operations with appropriate recommendations for continuing improvements. When production problems arise, the factory representative shall, upon request and without additional cost to the State, visit the agency within 48 hours, to provide the technical direction required to resolve promptly any production delay(s). QUALITY ASSURANCE PROVISIONS: The contractor shall be responsible for complying with all test requirements as stipulated herein. Where material sample is evaluated prior to award, the contractor's product furnished must be equal in all respects to the sample originally offered for evaluation; however, acceptance of bid sample and/or inclusion on the Corcraft "Qualified Products List" does not relieve the contractor from meeting all specification requirements. The State reserves the right to perform any of the tests set forth herein prior to award of contract and on field samples, selected at random, where such tests