PURCHASING MEMORANDUM

Transcription

1 AWARD NUMBER: PGB-3711 DATE: September 26, 2007 GROUP: Geographic Positioning Systems (GPS) STATE AGENCIES & CONTRACTORS Joseph Better CONTRACT PERIOD: December 1, 1998 June 30, 2007 CONTRACTOR(S)/ Trimble Navigation, Ltd. CONTRACT NO(S).: PC54349 Expiration of Contract ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS: Effective, June 30, 2007, the aforementioned contract expired and will not be replaced, extended, or renewed. To purchase products formerly included on PC54349, authorized users should consult all applicable procurement guidelines. For state agencies, State Finance Law 163.6) establishes a discretionary spending threshold of $50,000 for most state agencies (there are other discretionary threshold levels for some state agencies such as SUNY). All purchases that exceed the established discretionary spending level require approval from the Office of State Comptroller. Additionally, Piggyback purchases of all products offered on Trimble Navigation, Ltd. s GSA Contract are possible through the Office of General Services as set forth in State Finance Law e. 9665p17.doc/T07jb

2 AWARD NUMBER: PGB-3711 DATE: February 21, 2007 GROUP: Geographic Positioning Systems (GPS) STATE AGENCIES & CONTRACTORS Joseph Better CONTRACT PERIOD: December 1, 1998 June 30, 2007 CONTRACTOR(S)/ Trimble Navigation Ltd. CONTRACT NO(S).: PC54349 Contract Extension ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS: The aforementioned contractor has agreed to extend their New York State contract through June 30, 2007 or until the contract is replaced, whichever comes first. The following discount rates remain in force: 0% - Factory Tech Training, Mapping & GIS, 3D Scanner Solutions 10% Series, 5800 Series, Dini 12 Series, Infrastructure 4000, Televisant, US Marine Survey, Military Advanced Government 20% Series, Terramodel, 30% - Construction Instruments, Interior Items, Nikon, Survey GPS, Underground Systems, Construction Instruments 3D, AL200 Various Optical, GPS All other terms and conditions remain the same. Please review the Contract Award Notification (CAN) for any additional information. 9665p16.doc/T07jb

3 AWARD NUMBER: PGB-3711 DATE: November 29, 2006 GROUP: Global Positioning Systems (GPS) STATE AGENCIES & CONTRACTORS Joseph Better CONTRACT PERIOD: December 1, 1998 November 30, 2006 CONTRACTOR: Temible Navigation, Ltd. CONTRACT NO.: PC54349 Update Price List ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS: Trimble Navigation, Ltd. has requested and the State has approved the updates to their price list which include the addition of Televisant products and addition and deletions for GPS and Optical products. Refer to the Pricing Section of the Contract Award Notification summary page for a link to the updated price list, click on USA Mapping GIS for Televisant products and GPS and Optical for other updates. All other terms and conditions remain unchanged. Please review the Contract Award Notification (CAN) for any additional information. 9665p15.doc/T07jb

4 AWARD NUMBER: PGB-3711 DATE: October 06, 2006 GROUP: (Global Positioning Systems) GPS STATE AGENCIES & CONTRACTORS Joseph Better CONTRACT PERIOD: December 1, 1998 November 30, 2006 CONTRACTOR(S)/ Trimble Navigation, LTD. CONTRACT NO(S).: PC54349 Auto Add Update TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS: The aforementioned contractor has submitted, and OGS has accepted, their request for an Auto Add Update. All other terms and conditions remain the same. Please review the Contract Award Notification (CAN) for all additional information. 9665p14.doc/T07jb

5 AWARD NUMBER: PGB-3711 DATE: July 20, 2006 GROUP: Global Positioning Systems (GPS) STATE AGENCIES & CONTRACTORS Joseph Better CONTRACT PERIOD: December 1, 1998 November 30, 2006 CONTRACTOR(S)/ Trimble Navigation Ltd. CONTRACT NO(S).: PC54349 Change in Contact for Trimble Navigation Ltd. TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS: There is a new contact for Trimble Navigation, Ltd. for contract PC The new contact information is: Nicole Brecht Sales & Marketing Assistant Trimble Navigation Ltd Westmoor Dr. Suite # 100 Westminster, Co Phone ((720) Cell ((303) nicole_brecht@trimble.com NOTE: At this time sales under contract PC can only be made by Trimble Navigation Ltd. Contact the individual listed above. All other terms and conditions remain the same. Please review the Contract Award Notification (CAN) for any additional information. 9665p13.doc/T07jb

6 AWARD NUMBER: PGB-3711 DATE: May 30, 2006 GROUP: Geographic Positioning Systems STATE AGENCIES & CONTRACTORS Joseph Better CONTRACT PERIOD: December 1, November 30, 2006 CONTRACTOR/ Trimble Navigation, Ltd. customer.services@ogs.state.ny.us CONTRACT NO.: PC54349 Authorized Contact Change TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS: Clyde Barnett is no longer the contact for Trimble for contract PC The new contact information is: Dov Koplovsky NEWCOM Wireless Services 575 Washington Street Pembroke, MA Tel: FAX: All discounts, terms and conditions remain unchanged. Please audit all purchase orders and invoices accordingly. We suggest you attach this memorandum to the front of your contract award. Please see the contact information in the contract award notification (CAN) for the updated information. 9665p12.doc/T07jb

7 AWARD NUMBER: 3711 DATE: December 30, 2005 GROUP: Geographic Positioning Systems STATE AGENCIES & CONTRACTORS Lisa Burns CONTRACT PERIOD: December 1, November 30, 2006 CONTRACTOR: Trimble Navigation, Ltd. customer.services@ogs.state.ny.us CONTRACT NO.: PC54349 Price List Update TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS: Trimble Navigation, Ltd. has submitted and we have accepted a price list update to add new part numbers, decrease unit prices on products, and add a new price list as follows: Update Survey GPS Price List Update Mapping & GIS Delete Price List named 3600 Series Delete Price List named 5700 Series All discounts, terms and conditions remain unchanged. Please audit all purchase orders and invoices accordingly. We suggest you attach this memorandum to the front of your contract award. Please see the pricing portion of the contract award notification (CAN) for the updated pricelists. 9665p11.doc/T07lb

8 AWARD NUMBER: PGB-3711 DATE: October 26, 2005 GROUP: Geographic Positioning System STATE AGENCIES & CONTRACTORS Lisa Burns CONTRACT PERIOD: December 1, November 30, 2006 CONTRACTOR: Trimble Navigation Ltd. customer.services@ogs.state.ny.us CONTRACT NO.: PC54349 One-Year Contract Renewal TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS: Contract Award 3711 has been renewed for Trimble Navigation Ltd. for a period of one year until November 30, All other terms and conditions of this contract will remain the same. 9665p10.doc/T07lb

9 AWARD NUMBER: PGB-3711 DATE: June 9, 2005 GROUP: Geographic Positioning System STATE AGENCIES & CONTRACTORS Lisa Burns CONTRACT PERIOD: December 1, November 30, 2005 CONTRACTOR: Trimble Navigation Ltd. customer.services@ogs.state.ny.us CONTRACT NO.: PC54349 Update Price List TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS: Trimble Navigation has submitted and we have accepted a price list update to include the following changes: 1. Remove Price List named Survey GPS, in its entirety and replace with Price List named Survey GPS, April, Remove Price List named Mapping & GIS, in its entirety and replace with Price List named Mapping & GIS, April Add Price List named Factory Technical Installation and Training Class Price List. 4. Remove Price Lists named Telvisant Cross Check and Construction 2D, in its entirety and replace with price List named Mapping & GIS, April All purchase orders awarded to Trimble Navigation to read as follows: Trimble Navigation Limited c/o 5475 Kellenburger Road Dayton, Ohio All discounts, terms and conditions remain unchanged. Please audit all purchase orders and invoices accordingly. We suggest you attach this memorandum to the front of your contract award. Please see the pricing portion of the Contract Award Notification (CAN) for the updated pricelists. 9665p09.doc/T07lb

10 AWARD NUMBER: 3711 DATE: February 25, 2005 GROUP: Geographic Positioning System STATE AGENCIES & CONTRACTORS Lisa Burns CONTRACT PERIOD: December 1, Novemb er 30, 2005 CONTRACTOR: Trimble Navigation, Ltd. customer.services@ogs.state.ny.us CONTRACT NO.: PC54349 Price List Update TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS: Trimble Navigation, Ltd. has submitted and we have accepted a price list update to include 3D Scanning Solutions and to update the Survey GPS and Mapping & GIS pricing. All discounts, terms and conditions remain unchanged. Please audit all purchase orders and invoices accordingly. We suggest you attach this memorandum to the front of your contract award. Please see the pricing portion of the contract award notification (CAN) for the updated pricelists. 9665p08.doc/T07lb

11 AWARD NUMBER: 3711 DATE: October 20, 2004 GROUP: Geographic Positioning System (GPS) STATE AGENCIES & CONTRACTORS Lisa Burns CONTRACT PERIOD: December 1, November 30, 2005 CONTRACTOR: Trimble Navigation Ltd. customer.services@ogs.state.ny.us CONTRACT NO.: PC54349 Contract Renewal TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS: In response to our request, the contractor has agreed to renew this contract for a one (1) year period through November 30, Please see the pricing portion of the contract award notification (CAN) for the updated pricelists. If you have any questions, please do not hesitate to call this office. 9665p07.doc/T07lb

12 AWARD NUMBER: 3711 DATE: July 24, 2003 GROUP: Geographic Positioning System (GPS) STATE AGENCIES & CONTRACTORS (Statewide) Anthony Pazzola anthony.pazzola@ogs.state.ny.us CONTRACT PERIOD: December 1, November 30, 2004 CONTRACTOR: CONTRACT NO.: Trimble Navigation PC54349 customer.services@ogs.state.ny.us Contract Extension TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS: The above contract has been extended under the same terms and conditions until November 30, 2004 or until a new contract is in place. Please refer any questions to this office. 9665p05.doc/T07dm

13 AWARD NUMBER: 3711 DATE: November 27, 2002 GROUP: Geographic Positioning System (GPS) STATE AGENCIES & CONTRACTORS Anthony Pazzola anthony.pazzola@ogs.state.ny.us CONTRACT PERIOD: December 1, November 30, 2003 CONTRACTOR: Trimble Navigation customer.services@ogs.state.ny.us CONTRACT NO.: PC54349 Contract Renewal TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS: We refer to Group 38213, Award No. 3711, our contract award for Trimble Navigation GPS Equipment. Specifically Contract No. PC54349, Trimble Navigation. The contractor has offered, and we have accepted a renewal of this contract for a one (1) year period through November 30, Prices, terms and conditions remain unchanged. Please audit all purchase orders and invoices accordingly. Should you have any questions concerning this Purchasing Memorandum, please call this office at 518/ or anthony.pazzola@ogs.state.ny.us. We suggest you attach this Purchasing Memorandum to the front of your contract award. 9665tp4.doc/5dm

14 NUMBER: AWARD 3711 DATE: July 16, 2001 Group GEOGRAPHIC POSITIONING SYSTEM (GPS) STATE AGENCIES & CONTRACTORS Anthony Pazzola 518/ anthony.pazzola@ogs.state.ny.us BID OPENING: November 4, 1998 NON-STATE AGENCIES Judy Gibbons CONTRACT PERIOD: December 1, 1998 to 518/ November 30, 2002 customer.services@ogs.state.ny.us TO ALL STATE AGENCIES AND POLITICAL SUBDIVISIONS: CONTRACT EXTENSION The following contract has been extended through November 30, Contract Number PC54349 Contractor TRIMBLE NAVIGATION Contact person and ordering information for Trimble Surveying Products: CONTRACTOR/ADDRESS TELEPHONE # Ken Slagenhoupt Phone: (716) Trimble Survey Sales Representative - Fax: (716) Engineering & Construction Division Cell: (716) Lower River Road Ken Slaugenhoupt@Trimble.com Lewiston, NY Contact person and ordering information for Trimble Mapping and GIS Products: CONTRACTOR/ADDRESS TELEPHONE # Dave Goughnour Phone: (219) Trimble Sales Representative - Fax: (219) Mapping & GIS Division Cell: (847) Woodson St. Dave_Goughnour@Trimble.com La Porte, IN tp3.doc/5gp

15 GROUP GEOGRAPHIC POSITIONING SYSTEM (GPS) PAGE 2 Contact person and ordering information for Trimble Automatic Vehicle Location (AVL) Products: CONTRACTOR/ADDRESS TELEPHONE # Wayne Richardson Phone: (410) Regional Sales Manager Fax: (410) Retford Drive wayne_richardson@trimble.com Severna Park, MD Website: trimble.com All other terms and conditions remain unchanged. Please audit all purchase orders and invoices accordingly. We suggest you attach this memorandum to the front of your contract award. 9665tp3.doc/5gp

16 NUMBER: AWARD 3711 DATE: November 20, 2000 Group GEOGRAPHIC POSITIONING SYSTEM (GPS) STATE AGENCIES & CONTRACTORS Anthony Pazzola 518/ anthony.pazzola@ogs.state.ny.us BID OPENING: November 4, 1998 NON-STATE AGENCIES Judy Gibbons CONTRACT PERIOD: December 1, 1998 to 518/ November 30, 2001 customer.services@ogs.state.ny.us TO ALL STATE AGENCIES AND POLITICAL SUBDIVISIONS: CONTRACT EXTENSION The following contract has been extended through November 30, Contract Number PC54349 Contractor TRIMBLE NAVIGATION Contact person and ordering information for Trimble Mapping and Surveying Products: CONTRACTOR/ADDRESS TELEPHONE # TRIMBLE NAVIGATION (781) Brian McInnis FAX: (718) Central St. brian_mcinnis@trimble.com Saugus, MA Website: trimble.com Contact person and ordering information for Trimble Automatic Vehicle Location (AVL) Products: CONTRACTOR/ADDRESS TELEPHONE # TRIMBLE NAVIGATION LIMITED (410) Wayne Richardson FAX: (410) Regional Sales Manager wayne_richardson@trimble.com 462 Retford Drive Website: trimble.com Severna Park, MD All other terms and conditions remain unchanged. Please audit all purchase orders and invoices accordingly. We suggest you attach this memorandum to the front of your contract award. 9665tp2.doc/5gp

17 NEW YORK STATE OFFICE OF GENERAL SERVICES PROCUREMENT SERVICES GROUP NUMBER: AWARD 3711 DATE: January 20, 2000 Group STATE AGENCIES & CONTRACTORS GEOGRAPHIC POSITIONING Anthony Pazzola SYSTEMS (GPS) 518/ anthony.pazzola@ogs.state.ny.us BID OPENING: November 4, 1998 NON-STATE AGENCIES Judy Gibbons CONTRACT PERIOD: December 1, / November 30, 2000 customer.services@ogs.state.ny.us CONTRACT ADDITIONS The contractor has submitted and we have accepted updated price sheets showing new product additions. PRODUCT LINE Mapping & Surveying Automatic Vehicle Location DATE OF NEW PRICE LIST ADDITIONS December 22, 1999 March 12, 1999 CONTRACT REVISIONS The above contract is hereby amended as follows: Contact person and ordering information for Trimble Mapping and Surveying Products: CONTRACTOR & ADDRESS TELEPHONE # TRIMBLE NAVIGATION 279 Central St. Saugus, MA (781) FAX: (781) brian_mcinnis@trimble.com Web Site: trimble.com Contact person and ordering information for Trimble Automatic Vehicle Location (AVL) Products: CONTRACTOR & ADDRESS TELEPHONE # TRIMBLE NAVIGATION LIMITED Wayne Richardson Regional Sales Manager 462 Retford Drive Severna Park, Maryland (410) FAX: (410) wayne_richardson@trimble.com Web Site: trimble.com Mayor Erastus Corning 2nd Tower The Governor Nelson A. Rockefeller Albany, NY tp.doc/5map/ap

18 NEW YORK STATE OFFICE OF GENERAL SERVICES PROCUREMENT SERVICES GROUP 38th Floor - Contract Award Notification Title : Group GEOGRAPHIC POSITIONING SYSTEM (GPS) Award Number : 3711 (NEW) Contract Period : December 1, 1998 to November 30, 2000 Bid Opening Date : November 4, 1998 Date of Issue : January 21, 1999 Specification Reference : As Incorporated Herein Address Inquiries To: Name : Title : Phone : Fax : All State Agencies Anthony J. Pazzola Purchasing Officer anthony.pazzola@ogs.state.ny.us Non-State Agencies Name : Judy Gibbons Title : Purchase Coordinator Phone : Fax : customer.services@ogs.state.ny.us Description Geographic positioning systems (GPS) and Associated Products. PR # a.doc/5map/ajp (continued)

19 GROUP GEOGRAPHIC POSITIONING SYSTEM AWARD PAGE 2 (GPS) CONTRACT # CONTRACTOR & ADDRESS TELEPHONE # FED.IDENT.# PC54349 TRIMBLE NAVIGATION (781) Central St. FAX: (781) Saugus, MA brian-mcinnis@trimble.com 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. DELIVERED ITEMS WHICH DO NOT COMPLY WITH THE SPECIFICATIONS OR ARE OTHERWISE UNSATISFACTORY TO THE AGENCY SHOULD ALSO BE REPORTED TO THE PROCUREMENT SERVICES GROUP. FOR TAX FREE TRANSACTIONS UNDER THE INTERNAL REVENUE CODE, THE NEW YORK STATE REGISTRATION NUMBER IS K. NOTE TO AGENCY: The letters SB listed under the Contract Number indicate the contractor is a self-identified small business. Additionally, the letters MBE and WBE indicate the contractor is a certified Minority-owned Business Enterprise and/or Woman-owned 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. Geographic Positioning System (GPS) Manufacturer: Trimble Navigation Ltd. Products Offered: GPS Systems and Associated Item. Discount Offered: Net NYS Contract Price Identity of Price List: Trimble Navigation Ltd Commercial Systems Products New York State Pricing December 1998 Guaranteed Delivery: 30 Days A/R/O 9665a.doc/5map/ajp (continued)

20 GROUP GEOGRAPHIC POSITIONING SYSTEM AWARD PAGE 3 (GPS) PRICE: Price shall include all customs duties and charges and be net, F.O.B. destination any point in New York State as designated by the ordering agency. 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,, prior to effectuation. CONTRACT PAYMENTS: Payments cannot be processed by State facilities until the contract items 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 material, 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. NOTE TO CONTRACTOR: This Contract Award Notification is not an order. Do not take any action under this contract except on the basis of a purchase order from the agency. PUBLIC OFFICERS LAW: All contractors and contractor employees must be aware of and comply with the requirements of the New York State Public Officers Law, all other appropriate provisions of New York State Law and all resultant codes, rules and regulations from State laws establishing the standards for business and professional activities of State employees and governing the conduct of employees of firms, associations and corporations in business with the State. In signing the bid, each contractor has guaranteed knowledge and full compliance with those provisions for this and any other dealings, transactions, sales, contracts, services, offers, relationships, etc. involving the State and/or State employees. Failure to comply with those provisions may result in cancellation of contract, disqualification from the bidding process and in other civil or criminal proceedings as required by law. 9665a.doc/5map/ajp (continued)

21 GROUP GEOGRAPHIC POSITIONING SYSTEM AWARD PAGE 4 (GPS) NOTE TO CONTRACTOR: In the event a specified manufacturer's commodity 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 Clause of the General Specification) a product deemed by the Office of General Services to be equal to or better than the specified commodity must be substituted by the contractor at no additional cost or expense to the State. BACKGROUND AND INTENT In accordance with Article XI Section 163 of the New York State Finance Law, the Commissioner of General Services (hereinafter "OGS", "State" or "Purchaser"), may authorize purchases required by New York State agencies or other authorized purchasers by approving the use of a contract let by any department, agency or instrumentality of the United States government and/or any department, agency, office, political subdivision or instrumentality of any state or states. The OGS, on behalf of the Commissioner, finds it necessary and desirable to enter into an Agreement with Trimble Navigation Ltd. (hereinafter "Vendor" or Contractor ) for the purchase of specified products under the terms and conditions established pursuant to GS- 25F-6055D 1 Dec. 95 for Geographical Positioning Systems, (hereinafter Master Contract ) by State agencies and other authorized purchasers. CONTRACT SCOPE Contractor agrees to enter into a contract with the State of New York under the terms and conditions set forth in the Master Contract for use by New York State agencies, political subdivisions and others authorized by law. All the terms, conditions, covenants and representations contained herein and in the Master Contract and any amendments thereto, except as modified by this document, are hereby incorporated by reference and deemed to be a part of this contract as if fully set forth at length herein. The term and conditions of this Agreement (hereinafter Base Contract ) shall supersede any inconsistent terms and conditions set forth in the Master Contract. CONTRACT TERM Any new product, term, or price changes to the Master Contract shall be submitted by the Contractor to the Office of General Services, Procurement Services Group for approval and shall be effective to Base Contract upon the date of issuance of a written notification to New York State contract users. If changes are not approved by OGS, either the contractor or OGS may terminate the Base Contract upon 30 days notice. OGS further reserves the right to terminate this Base Contract either upon cause or in the event that any material modification to the Master Contract is determined not to be in the best interests of the State. Upon expiration of the Master Contract including any approved extension, Contractor may submit any subsequent contracts entered into for the same or similar products with the same Issuing Entity to the Office of General Services, to establish a new contract. 9665a.doc/5map/ajp (continued)

22 GROUP GEOGRAPHIC POSITIONING SYSTEM AWARD PAGE 5 (GPS) CONTRACT TERM (Cont'd) In the event Contractor s Master Contract is terminated or not extended by the original Issuing Entity for any other reason and no new contract is let, OGS reserves the right, upon written agreement with Contractor, to extend the Base Contract for a period of one year from the date of such termination. EXTENSION OF PRICES New York State political subdivisions and others authorized by New York State law may participate in this contract. These include, but are not limited to local governments, public school and fire districts and certain nonpublic/nonprofit organizations. See Participation in Centralized Contract clause in the Appendix B, OGS General Specifications. Upon request, all eligible non-state agencies must furnish contractors with the proper tax exemption certificates. CATALOGS AND PRICE SHEETS Upon request, Contractor shall furnish, without charge, copies of the New York State Pricing List including modifications thereto and related catalogs and price lists to New York State agencies and other authorized users. PAYMENTS OF INTEREST See Interest on Late Payments in Appendix B, OGS General Specifications. The Federal Prompt Payment Law does not apply to this Base Contract regardless of customer. APPENDIX A Appendix A, Standard Clauses For All New York State Contracts, dated October 1998, is hereby expressly made a part of this Agreement as fully as if set forth at length herein. APPENDIX B Appendix B, Office of General Services General Specifications, is hereby expressly made a part of this Agreement as fully as if set forth at length herein and shall govern any situations not covered by this Agreement, the Base Contract or Appendix A. 9665a.doc/5map/ajp (continued)

23 GROUP GEOGRAPHIC POSITIONING SYSTEM AWARD PAGE 6 (GPS) APPLICABLE LAW This Agreement shall be governed by and construed in accordance with the laws of the State of New York. Any claims or actions brought by Vendor against the State for monetary damages shall be brought in the New York State Court of Claims. PURCHASE ORDERS See Purchase Orders clause in Appendix B, OGS General Specifications. If there is a discrepancy between the purchase order and what is listed on contract, it is the contractor s obligation as a condition of payment to clarify and resolve what is to be actually shipped by contacting ordering agency. MINIMUM ORDER None REPORT OF CONTRACT PURCHASES Vendor shall furnish report of purchases made from this Base Contract by the fifteenth of the month following the end of each six month period. The reports shall be in the following format: Item/ SubItem Number Product Description Total Quantity Shipped Total $ Value The report is to be submitted to the Office of General Services,, Tower Bldg.,, Albany, NY 12242, to the attention of the individual shown on the front page of the Contract Award Notification and shall reference the product group number, the Agreement number, Base Contract number, sales period, and contractor s name. Failure to submit the required report may be cause for disqualification of contractor for future contracts. OVERLAPPING CONTRACT ITEMS Items available in the resulting contract may also be available from other State contracts. Agencies will be advised to select the most cost effective procurement alternative that meets their program requirements and to maintain a procurement record documenting the basis for this selection. 9665a.doc/5map/ajp (continued)

24 GROUP GEOGRAPHIC POSITIONING SYSTEM AWARD PAGE 7 (GPS) 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 commodity, please make copies as needed. This office will use the information provided to take any necessary actions. If necessary, a copy of this form should be provided to the product end user. Contractor: Contract No. Commodity provided (please identify): Commodity meets your needs Commodity meets contract specifications Pricing Excellent Good Acceptable Unacceptable Contractor Timeliness of delivery Excellent Good Acceptable Unacceptable Completeness of order (fill rate) Responsiveness to inquiries Employee courtesy Problem resolution Comments: (over) Agency: Address: Prepared by: Title: Date: Phone: Please detach or photocopy this form & return by fax (518/ ) or mail to: The Purchasing Officer listed on the front of this contract OGS PROCUREMENT SERVICES GROUP Corning 2 nd Tower * * * * * 9665a.doc/5map/ajp (continued)