CONTRACT AWARD NOTIFICATION

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1 State of New York Executive Department Office Of General Services Procurement Services Group Corning Tower Building - 38th Floor Empire State Plaza Albany, New York CONTRACT AWARD NOTIFICATION Title : Group ELECTRIC VEHICLES & CHARGERS (2002 Model Year) (Statewide) Classification Code 25 Award Number : (Replaces G) Contract Period : See "Contract Period" Clause Bid Opening Date : October 23, 2001 Date of Issue : December 11, 2001 Specification Reference : As incorporated in the Invitation for Bids Address Inquiries To: Name : Title : Phone : Fax : All State Agencies William A. Macey Purchasing Officer I bill.macey@ogs.state.ny.us Description Non-State Agencies Name : Judy Gibbons Title : Purchase Coordinator Phone : Fax : customer.services@ogs.state.ny.us This contract includes the Solectria Citivan and GEM and THINK Neighboorhood Electric Vehicles (NEV's) for purchase only. PR #01629-T

2 GROUP ELECTRIC VEHICLES AND CHARGERS AWARD PAGE 2 CONTRACT # CONTRACTOR & ADDRESS TELEPHONE # FED.IDENT.# PC58778 AMENIA MOTORS SB Route 22 Mr. Dan Simmons Box 465 Fax: Amenia, NY PC58779 MEADOWBROOK FORD INC , ext SB d/b/a Syosset Ford Mr. George Gluck 240 Jericho Tpke. Fax: Syosset, NY syossetford@syossetford.com PC58780 METRO FORD SALES INC , ext State Street Ms. Barbara Androkavitz Schenectady, NY Fax: PC58781 SOLECTRIA CORPORATION Forbes Road Mr. Douglas Alderton Woburn, MA Fax: alderton@solectria.com Web: PC58782 SOUTHERN MANAGEMENT DEVELOPMENT Ralph McGill Blvd. Mr. Donald Francis Bin Fax: Atlanta, GA defranci@southernco.com Web: Cash Discount, If Shown, Should be Given Special Attention. INVOICES MUST BE SENT DIRECTLY TO THE ORDERING AGENCY FOR PAYMENT. AGENCIES SHOULD NOTIFY THE PROCUREMENT SERVICES GROUP PROMPTLY IF THE CONTRACTOR FAILS TO MEET THE DELIVERY TERMS OF THIS CONTRACT. PRODUCT WHICH DOES NOT COMPLY WITH THE SPECIFICATIONS OR IS OTHERWISE UNSATISFACTORY TO THE AGENCY SHOULD ALSO BE REPORTED TO THE PROCUREMENT SERVICES GROUP. NOTE TO AGENCY: The letters SB listed under the Contract Number indicate the contractor is a small business. Additionally, the letters MBE and WBE indicate the contractor is a Minority-owned Business Enterprise and/or Womanowned Business Enterprise, respectively. NOTE TO ALL CONTRACT USERS: The terms and conditions of the solicitation which apply to the award appear at the end of this document. We strongly advise all contract users to familiarize themselves with all terms and conditions before issuing a purchase order.

3 GROUP ELECTRIC VEHICLES AND CHARGERS AWARD PAGE 3 PRICE: Prices are net any point in the district. All prices include transportation costs, vehicle preparation and clean up charges and also include all custom duties and charges. All prices are firm for the entire contract period. EQUIPMENT: All items of standard equipment which are normally provided by the manufacturer shall be furnished unless such items are expressly deleted or are specified to be other than standard. When optional equipment is specified, all components listed in the manufacturer's data book as being included with the option shall be furnished. GEM E825 Neighborhood Electric Vehicle (All Configurations) All standard equipment must be supplied, including but not limited to 72 - volt shunt motor, six 12 - volt deep cycle batteries and on - board charger. Three year, 24 hour (excluding weekends and holidays) on - site service is required. Manufacturers standard and complete warranty shall be included. Think Neighbor Neighborhood Electric Vehicle (Both configurations) All standard equipment must be supplied, including but not limited to 72 - volt, 5 HP shunt motor, six 12 - volt deep cycle batteries and on - board 72 - volt/10 amp charger. Manufacturers standard and complete warranty including road side assistance shall be included. Solectria Citivan All standard equipment must be supplied, including but not limited to 125 KW Solectria AC induction direct drive motor. Manufacturers standard and complete warranty shall be included. Lot I - Albany Lot II -Binghamton Counties in Lot / Lot III - Buffalo Lot IV - Long Island Lot V - NYC Washington Schuyler Niagara Nassau Bronx Saratoga Chemung Orleans Suffolk New York Fulton Tompkins Erie Queens Montgomery Cortland Genesee Kings Schenectady Tioga Wyoming Richmond Schoharie Broome Chautaqua Albany Chenango Cattaraugus Rensselaer Otsego Allegany Green Delaware Columbia Lot VI - Plattsburgh Lot VII - Rochester Lot VIII - Syracuse Lot IX - White Plains St. Lawrence Monroe Cayuga Sullivan Franklin Wayne Oswego Ulster Clinton Livingston Onondaga Dutchess Essex Ontario Jefferson Orange Hamilton Yates Lewis Putnam Warren Seneca Oneida Rockland Steuben Madison Westchester Herkimer

4 GROUP ELECTRIC VEHICLES AND CHARGERS AWARD PAGE 4 NOTE TO PURCHASERS: For purchases of both the GEM and THINK (Neighborhood Electric Vehicles - NEV's) make sure that the vehicles meet all state and local DMV regulations. These are limited use vehicles. LOT I - ALBANY REGION Think 2 Passenger Metro Ford Sales $ 5, % Think 4 Passenger Metro Ford Sales $ 6, % LOT II - BINGHAMTON REGION Think 2 Passenger Metro Ford Sales $ 5, % Think 4 Passenger Metro Ford Sales $ 6, % LOT III - BUFFALO REGION

5 GROUP ELECTRIC VEHICLES AND CHARGERS AWARD PAGE 5 LOT IV - LONG ISLAND REGION Think 2 Passenger Meadowbrook Ford Inc. $ 6, % d/b/a Syosset Ford Think 4 Passenger Meadowbrook Ford Inc. $ 7, % d/b/a Syosset Ford LOT V - NEW YORK CITY REGION Think 2 Passenger Meadowbrook Ford Inc. $ 6, % d/b/a Syosset Ford Think 4 Passenger Meadowbrook Ford Inc. $ 7, % d/b/a Syosset Ford

6 GROUP ELECTRIC VEHICLES AND CHARGERS AWARD PAGE 6 LOT VI - PLATTSBURGH REGION Think 2 Passenger Metro Ford Sales $ 5, % Think 4 Passenger Metro Ford Sales $ 6, % LOT VII - ROCHESTER REGION LOT VIII - SYRACUSE REGION Think 2 Passenger Metro Ford Sales $ 5, % Think 4 Passenger Metro Ford Sales $ 6, %

7 GROUP ELECTRIC VEHICLES AND CHARGERS AWARD PAGE 7 LOT IX - WHITE PLAINS/POUGHKEEPSIE REGION Think 2 Passenger Metro Ford Sales $ 5, % Think 4 Passenger Metro Ford Sales $ 6, % LOT X - ELECTRIC VEHICLE CHARGERS Contractor: Southern Management Development Model Purchase Price EVI model DS50 $ EVI model DS200 $1, EVI model ICS200B $1, Delivery: 30 Days A/R/O

8 GROUP ELECTRIC VEHICLES AND CHARGERS AWARD PAGE 8 GENERAL REQUIREMENTS: (STATE AGENCIES ONLY) Copies of each State agency purchase order must be sent to Ron Ottman in order to facilitate the issuance of a State identification number at the following address: Ron Ottman, Director Office of General Services Division of Statewide Vehicle Management Bldg. #18, State Campus Albany, NY PROCUREMENT PROCEDURES FOR STATE AGENCIES: Although there are multiple vehicles for some items, state agencies should carefully consider all vehicles for the item of interest and select the most cost-effective one for their current and anticipated future program needs. Therefore, when placing orders under this contract, for other than lowest priced vehicles, a memorandum For the Record should be prepared detailing why the vehicle being purchased has been determined to be the most cost effective for current and future needs. NON-STATE AGENCIES PARTICIPATION IN CENTRALIZED CONTRACTS: New York State political subdivisions and others authorized by New York State law may participate in contracts. These include, but are not limited to local governments, public authorities, public school and fire districts, public and nonprofit libraries, and certain other nonpublic/nonprofit organizations. See "Participation in Centralized Contracts" in Appendix B, OGS General Specifications. For purchase orders issued by the Port Authority of New York and New Jersey (or any other authorized entity that may have delivery locations adjacent to New York State), the terms of the "Price" clause shall be modified to include delivery to locations adjacent to New York State. Upon request, all eligible non-state agencies must furnish contractors with the proper tax exemption certificates and documentation certifying eligibility to use State contracts. A list of categories of eligible entities is available on the OGS web site ( under "Non-State Agency Legal References." Questions regarding an organization's eligibility to purchase from New York State Contracts may also be directed to OGS Procurement Services Group's Customer Services at EXTENSION OF USE: This contract may be extended to additional States or governmental jurisdictions upon mutual written agreement between New York State (the lead contracting State) and the contractor. Political subdivisions and other authorized entities within each participating State or governmental jurisdiction may also participate in any resultant contract if such State normally allows participation by such entities. New York State reserves the right to negotiate additional discounts based on any increased volume generated by such extensions. REQUEST FOR CHANGE: Any request by the agency or contractor regarding changes in any part of the contract must be made in writing to the Office of General Services, Procurement Services Group, prior to effectuation. CONTRACT PAYMENTS: Payments cannot be processed by State facilities until the contract products have been delivered in satisfactory condition. Payment will be based on any 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 product, quantity, unit and price per unit as well as Federal Identification Number. State facilities are required to forward properly completed vouchers to the Office of the State Comptroller for audit and payment. All facilities are urged to process every completed voucher expeditiously giving particular attention to those involving cash discounts. If the contract terms indicate political subdivisions and others authorized by law are allowed to participate, they are required to make payments directly to the contractor. Prior to processing such payment the contractor may be required to complete the ordering non-state agency's own voucher form.

9 GROUP ELECTRIC VEHICLES AND CHARGERS AWARD PAGE 9 NOTE TO AGENCY: When placing purchase orders against the contract(s) please forward the "Procurement Services Group Copy" of the purchase order to: Senior Mechanical Inspector - OGS Procurement Services Group, 37th Floor Tower Bldg., Empire State Plaza - Albany, NY NOTE TO CONTRACTOR: In the event a specified manufacturer's product listed in the Contract Award Notification becomes unavailable or cannot be supplied to the State by the contractor for any reason (except as provided for in the Savings/Force Majeure clause in Appendix B, OGS General Specifications) a product deemed by the Office of General Services to be equal to or better than the specified product must be substituted by the contractor at no additional cost or expense to the State. DELIVERY: Delivery is expressed in number of calendar days required to make delivery after receipt of a purchase order. Product is required as soon as possible. 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 Office of General Services, Procurement Services Group. REPORT OF CONTRACT PURCHASES: Contractor shall furnish report of purchases made from contract the fifteenth of the month following the final build out date. The reports shall be in the following format: Item/ SubItem Number Product Description (Size, Stock No., etc.) Total Quantity Shipped (To be in Units listed in the Invitation for Bids) Total $ Value The report is to be submitted to the Office of General Services, Procurement Services Group, Tower Bldg., Empire State Plaza, Albany, NY 12242, to the attention of the individual shown on the front page of the Contract Award Notification and shall reference the commodity group number, the Invitation for Bids number, contract number, sales period, and contractor's name. Failure to submit the required report may be cause for disqualification of contractor for future contracts. "OGS OR LESS" GUIDELINES APPLY TO THIS CONTRACT: Purchases of the product(s) included in the Contract Award Notification are subject to the "OGS or Less" provisions of Section a.v., Article XI, of the New York State Finance Law. This means that State agencies can purchase product(s) from sources other than the contractor provided that such product(s) are substantially similar in function, form or utility to the product(s) herein and are: 1. lower in price -and/or- 2. available under terms which are more economically efficient to the State agency (e.g. delivery terms, warranty terms, etc.).

10 GROUP ELECTRIC VEHICLES AND CHARGERS AWARD PAGE 10 "OGS OR LESS" GUIDELINES APPLY TO THIS CONTRACT: (Cont'd) Agencies are reminded that they must provide the State contractor an opportunity to match the noncontract savings at least two business days prior to purchase. In addition, purchases made under "OGS or Less" flexibility must meet all requirements of law including, but not limited to, advertising in the New York State Contract Reporter, prior approval of the Comptroller's Office and competitive bidding of requirements exceeding the discretionary bid limit. State agencies should refer to Procurement Council Bulletin "OGS or Less Purchases" for complete procedural and reporting requirements. CONTRACT PERIOD: The contract shall commence with the date of award and shall terminate upon the manufacturers production build-out date or depletion of all stocks, whichever occurs last. Contractors will notify the Office of General Services, in writing of the manufacturer s production build-out date. Such notification must be submitted at least two weeks prior to this final date. Notwithstanding the foregoing, this agreement shall be terminated by the issuance of a contract award for the same or substitute commodity for the next applicable contract period. CONDITION ON DELIVERY: Each vehicle shall be completely serviced. The servicing program shall include not less than the following: lubrication, wheel alignment, front wheel balancing, wiring check, body conditioning and all other inspections and tests normally performed on a new vehicle. If a vehicle is delivered with minor deviations or improper servicing, the contractor must arrange to have the necessary work done within 48 hours (exclusive of Saturdays, Sundays and Holidays) after receipt of written notification from the agency and/or the Office of General Services. Otherwise, the corrections shall be made at contractor's expense. No name other than the manufacturer's shall appear on the vehicle. At point of acceptance the vehicle odometer reading shall not exceed, in miles, the distance between the contractors place of business and the point of delivery plus 50 miles. Any vehicle exceeding these terms in miles will be charged $5.00 for each mile up to 100 miles and $10.00 per mile for each mile over 100 miles. This charge shall be deducted from the purchase order price for each vehicle delivered against each purchase order. Vehicles exceeding the aforementioned miles by more than 300 miles may be rejected. OPERATORS MANUAL: The contractor shall furnish one operator's manual with each vehicle. MOTOR VEHICLE REGULATIONS: Each vehicle delivered shall comply with all applicable laws and regulations of New York State and the Federal Government in effect on the date of manufacture. ACKNOWLEDGMENT OF PURCHASE ORDERS: Contractor shall acknowledge receipt of purchase order. If the ordering agency has not received acknowledgment within two weeks the contractor should be contacted. Contractor shall also advise the ordering agencies of any delays in delivery. ADVERTISING: Any contractor advertisements, promotional literature and/or contract description(s) of contract awards must be reviewed and approved by the Office of General Services, Procurement Services Group prior to issuance. EQUIPMENT SCOPE: This award covers the acquisition of new, current model year vehicles. Under no circumstances may Demos or used vehicles be sold under this contract without prior approval of the Office of General Services, Procurement Services Group.

11 GROUP ELECTRIC VEHICLES AND CHARGERS AWARD PAGE 11 DMV INSPECTION: All vehicles coming from manufacturer s dealers must be delivered with complete NYS Inspections. RECALLS: The contractor must immediately notify the Office of General Services, Procurement Services Group of any recalls pertaining to contract vehicles. EXTENSION OF PRICES COMMITMENT: The contractor agrees to honor all orders from State Agencies, Political Subdivisions and others authorized by law (see Extension of Prices clause) which are in compliance with the pricing, terms, and conditions set forth in this contract document. Any unilateral limitations/restrictions imposed by the contractor and/or manufacturer on eligible contract users will be grounds for rejection of the bid or cancellation of the contract. If a contract, or any portion thereof, is canceled for this reason, any additional costs incurred by the eligible entity will be borne by the contractor. THIRD PARTY FINANCING: The contract, or any part thereof, to be entered into as a result of this bid letting may be financed through a separate agreement with a third financing party. The contractor agrees and acknowledges the State s ability for third party financing, in whole or in part under the terms of this bid letting. Payments financed under this type of arrangement are not eligible for late payment interest supplements pursuant to Article XI-A of the State Finance Law. All third party financing must be in compliance with the rules and regulations which govern the procuring entity. OPTIONS: Options available from the manufacturer may be obtained from this contract. In no instance shall option pricing exceed the Manufacturer s Suggested Retail Pricing (MSRP). Upon request, the contractor is required to give the contract user a copy of the MSRP for options not specified in the contract. VEHICLE AVAILABILITY AND CONTRACT USE: Vehicles shall be available throughout the district awarded. Contract users must order vehicles from the district that is closest to where the vehicle will be put into service. TRAINING & SERVICE: If an authorized service dealer is not available, price shall include complete training and technical orientation. The contractor will be responsible for all associated costs of this training, including but not limited to travel expenses and any training manuals. This training will take place at the procuring entities location or location mutually agreed upon. Service must be available by an authorized service dealer to perform all warranty and/or non warranty work. If bidding in a region other than the one you are located in, service work will be the responsibility of the contractor. This includes but is not limited to all transportation of vehicle costs. Transportation costs, whether under warranty or not, will be borne by the contractor if bidding in a district other than your own. If an authorized service dealer is available, that dealer will be responsible for all warranty and non warranty work. If, in this case, the procuring entity chooses to service their own vehicles, the contractor must provide training to the entity. The cost of this training will be the responsibility of the specific entity. All training must be authorized and certified by the manufacturer. EMISSIONS CERTIFICATIONS: All vehicles must be California Air Resources Board (CARB) certified as Zero Emissions Vehicles (ZEV). RIGHT OF FIRST REFUSAL: For all vehicles, the purchasing entity must give the manufacturer the opportunity to repurchase the vehicle prior to the entity disposing or selling the vehicle. The buy back price must be mutually agreeable to both parties.

12 GROUP ELECTRIC VEHICLES AND CHARGERS AWARD PAGE 12 EMERGENCY TOWING: The contractor will be responsible for all towing that is needed as a result of vehicle failure due to any warranty related items. All other towing and vehicle transporting is the responsibility of the ordering entity. BASIC WARRANTY: The manufacturer s standard warranty for the vehicle being offered shall apply.

13 GROUP ELECTRIC VEHICLES AND CHARGERS AWARD PAGE 13 State of New York Office of General Services PROCUREMENT SERVICES GROUP Contract Performance Report Please take a moment to let us know how this contract award has measured up to your expectations. If reporting on more than one contractor or product, please make copies as needed. This office will use the information to improve our contract award, where appropriate. Comments should include those of the product s end user. Contract No.: Contractor. Describe Product* Provided (Include Item No., if available): *Note: Product is defined as a deliverable under any Bid or Contract, which may include commodities (including printing), services and/or technology. The term Product includes Licensed Software. Product meets your needs Product meets contract specifications Pricing Excellent Good Acceptable Unacceptable CONTRACTOR Timeliness of delivery Completeness of order (fill rate) Responsiveness to inquiries Employee courtesy Problem resolution Excellent Good Acceptable Unacceptable Comments: (over) Agency: Address: Prepared by: Title: Date: Phone: Please detach or photocopy this form & return by FAX to 518/ or mail to: OGS PROCUREMENT SERVICES GROUP Customer Services, Room 3711 Corning 2 nd Tower - Empire State Plaza Albany, New York * * * * *

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