NYS Department of Correctional Services Division of Industries 550 Broadway Albany, NY INVITATION FOR BIDS

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1 INVITATION FOR BIDS IMPORTANT: SEE NOTICE TO BIDDERS CLAUSES ON PAGE 2 BIDS MAY BE SENT TO THE ABOVE ADDRESS OR FAXED TO (518) ONLY ( Bid Submissions Are NOT Acceptable) BID OPENING TITLE: Group CHROME PLATING SERVICES DATE: December 1, 2009 (Great Meadow CFI) TIME: 2:00 PM INVITATION FOR BIDS NUMBER: 801 CONTRACT PERIOD: February 1, 2010 through January 31, 2013 NYS Department of Correctional Services Division of Industries 550 Broadway Albany, NY SPECIFICATION REFERENCE: As Incorporated Herein ADDRESS INQUIRIES TO: Nancy Abraham, Supervisor of CI Purchasing Telephone No. (518) , Extension address: nlabraham@corcraft.docs.state.ny.us The bid must be fully and properly executed by an authorized person. By signing you certify your express authority to sign on behalf of yourself, your company, or other entity and full knowledge and acceptance of this INVITATION FOR BIDS, Appendix A (Standard Clauses For New York State Contracts), Appendix B (General Specifications), and Chapter 1 of the Laws of 2005 (Procurement Lobbying Act), and that all information provided is complete, true and accurate. By signing, bidder affirms that it understands and agrees to comply with the OGS procedures relative to permissible contacts as required by State Finance Law 139-j (3) and 139-j (6) (b). Information may be accessed at: Procurement Lobbying: Bidders are requested to retain Appendix A and Appendix B for future reference. Name of Company Bidding: Bidder's Federal Tax Identification No.: Street City State Zip County Cash Discounts will not be considered in determining low bid, but cash discounts of any size may be considered in awarding tie bids. % Cash Discount for payment within 15 days of delivery and/or receipt of voucher % Cash Discount for payment within 30 days of delivery and/or receipt of voucher If you are not bidding, place an x in the box and return this page only. WE ARE UNABLE TO BID AT THIS TIME BECAUSE. Bidder s Signature: Title: Phone : ( ) - ext ( ) Fax : ( ) - ext ( ) Address: Printed or Typed Name: Date: Toll Free Phone : ( ) - ext ( ) Toll Free Fax : ( ) - ext ( ) Company Web Site:

2 GROUP CHROME PLATING SERVICES PAGE 2 GENERAL INFORMATION IMPORTANT NOTICE TO POTENTIAL BIDDERS: Receipt of these bid documents does not indicate that the NYS Department of Correctional Services, Division of Industries, has pre-determined your company's qualifications to receive a contract award. Such determination will be made after the bid opening and will be based on our evaluation of your bid submission compared to the specific requirements and qualifications contained in these bid documents. NOTICE TO BIDDERS: The Commissioner of Correctional Services will receive bids pursuant to the provisions of Article XI of the State Finance Law or the provisions of the State Printing and Public Documents Law. The following procedures shall be used for bid submittals:. 1. BID PREPARATION Prepare your bid on this form using indelible ink. Print the name of your company on each page of the bid in the block provided. One copy of the bid is required, unless otherwise specified herein. 2. BID DEVIATIONS If your bid differs from the specifications explain such deviation(s) or qualification(s); and if necessary, attach a separate sheet. See Extraneous Terms in Appendix B, General Specifications. 3. BID SUBMISSION When submitting your bid, only the following pages of this solicitation are required: the Cover Page and all pages from your bid prices through the end of all bidder questions and required certifications. You are NOT required to submit the bid pages containing the general information, detailed specifications, Appendix A and Appendix B to this office. You may keep all those pages for your own reference. 4. BID DELIVERY Bidders assume all risks for timely, properly submitted deliveries. Bidders are strongly encouraged to arrange for delivery of bids to Correctional Services, Division of Industries prior to the date of the bid opening. LATE BIDS may be rejected. bid submissions are not acceptable and will not be considered. Bid envelopes An envelope containing a bid should be marked "BID ENCLOSED" and state the Bid Number, Bid Opening Date, and Time on the envelope containing the sealed bid. Failure to complete all information on the bid envelope may necessitate the premature opening of the bid and may compromise confidentiality. See "Bid Submission" in Appendix B, General Specifications. Bids shall be delivered to: NYS Department of Correctional Services Division of Industries 550 Broadway Albany, NY FAX transmittals As allowed by this solicitation, fax transmittals shall be sent to: (518) ONLY See "Facsimile Submissions" in Appendix B, General Specifications. In addition, you only need to submit the pages described under the Bid Submission paragraph noted above. Hand deliveries Bidders assume all risks for timely, properly submitted deliveries.

3 GROUP CHROME PLATING SERVICES PAGE 3 GENERAL INFORMATION (Cont d) NON-COLLUSIVE BIDDING CERTIFICATION: (Reference: State Finance Law Section 139-d and Appendix A, Clause 7) By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and (3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not submit a bid for the purpose of restricting competition. In the event that the bidder is unable to certify as stated above, the bidder shall provide a signed statement which sets forth in detail the reasons why the bidder is unable to furnish the certificate as required in accordance with State Finance law Section 139-d(1)(b). SUMMARY OF POLICY AND PROHIBITIONS ON PROCUREMENT LOBBYING: In reference to State Finance Law 139-j and 139-k, this bid includes and imposes certain restrictions on communications between the Division of Industries and the bidder during the procurement process. The bidder is restricted from making contacts from the date of bid advertisement in the NYS Contract Reporter through final approval of the contract award by the Office of the State Comptroller, with anyone other than designated Division of Industries staff, unless it is contact that is among certain statutory exceptions as per State Finance Law Section 139- j(3)(a). Designated staff is identified on the cover page of this Invitation for Bids. Division of Industries employees are also required to obtain certain information when contacted during the restricted period and to make a determination of responsibility of the bidder pursuant to these two statutes. Certain findings of non-responsibility can result in rejection of the bid, and in the event of two findings within a four-year period, the bidder is debarred from obtaining future State contracts. Further information about these requirements can be found at DISPUTE RESOLUTION POLICY: It is the policy of the Division of Industries to provide vendors with an opportunity to administratively resolve disputes, complaints or inquiries related to bid solicitations or contract awards. Division of Industries encourages vendors to seek resolution of disputes through consultation with Industries staff. All such matters will be accorded impartial and timely consideration. Interested parties may also file formal written disputes. ELECTRONIC PAYMENTS: The Office of the State Comptroller (OSC) offers an "electronic payment" option in lieu of issuing checks. Contact OSC to obtain an information packet at , or to epunit@osc.state.ny.us, or visit their website at APPENDIX A: Appendix A, Standard Clauses For New York State Contracts, dated June 2006, attached hereto, is hereby expressly made a part of this Bid Document as fully as if set forth at length herein. Please retain this document for future reference. APPENDIX B: Appendix B, Department of Correctional Services General Specifications, dated July 2006, attached hereto, is hereby expressly made a part of this Bid Document as fully as if set forth at length herein and shall govern any situations not covered by this Bid Document or Appendix A. Please retain this document for future reference. CONFLICT OF TERMS AND CONDITIONS: Conflicts between documents shall be resolved in the following order of precedence: a. Appendix A b. This Invitation For Bids c. Appendix B d. Bidder s Bid

4 GROUP CHROME PLATING SERVICES PAGE 4 GENERAL INFORMATION (Cont d) NYS STANDARD VENDOR RESPONSIBILITY QUESTIONNAIRE (APPENDIX 1): Bidder agrees to fully and accurately complete the NYS Standard Vendor Responsibility Questionnaire (hereinafter the Questionnaire ). The Bidder acknowledges that the State s execution of the Contract will be contingent upon the State s determination that the Bidder is responsible, and that the State will be relying upon the Bidder s responses to the Questionnaire in making that determination. The Bidder agrees that if it is found by the State that the Bidder s responses to the Questionnaire were intentionally false or intentionally incomplete, on such finding, OGS may terminate the Contract by providing ten (10) days written notification to the Contractor. In no case shall such termination of the Contract by the State be deemed a breach thereof, nor shall the State be liable for any damages for lost profits or otherwise, which may be sustained by the Contractor as a result of such termination. TAX LAW 5-A (Amended April 26, 2006): Tax Law 5-a, as amended on April 26, 2006, requires certain contractors who are awarded state contracts for commodities and/or services valued at more than $100,000 (over the full term of the contract, excluding renewals) to certify to the Department of Taxation and Finance (DTF) they are registered to collect New York State (NYS) and local sales and compensating use taxes. The law applies to contracts where the total amount of the contractor s sales delivered into NYS exceed $300,000 for the four quarterly periods immediately preceding the quarterly period when the certification is made; and with respect to any affiliates and subcontractors whose sales delivered into NYS also exceed $300,000 in the same manner as noted above for the contractor. This law imposes upon certain contractors the obligation to certify whether or not the contractor, its affiliates, and its subcontractors are required to register to collect state sales and compensating use tax. The contractors must certify to DTF that each affiliate and subcontractor exceeding the sales threshold is registered with DTF to collect such State and local sales and compensating use taxes. The law prohibits the Comptroller, or other approving agency, from approving a contract to a vendor who is not registered in accordance with the law. There are two (2) Contractor certification forms, with instructions, attached to this bid. Form ST-220-TD is to be removed from this bid and submitted directly to DTF. Submission to DTF is a one-time occurrence. If you have already submitted this form to DTF for other bidding opportunities, you do not need to submit the form attached to this bid. If, however, any certification information changes, a new ST-220-TD must be filed with DTF. Form ST-220-CA must be completed and submitted with this bid. This form certifies to the procuring agency that the contractor has filed ST-220-TD with DTF in compliance with the law. Bidders should complete and submit the certification forms within two business days of request (if the forms are not submitted to DTF and/or and returned with bid). Bidders shall take the necessary steps to provide properly certified forms within a timely manner to ensure compliance with the law, as failure to do so may render a bidder non-responsive and non-responsible. Vendors may call DTF at for any and all questions relating to Tax Law 5-a and relating to a company's registration status with DTF. For additional information and frequently asked questions, please refer to the DTF web site: MERCURY-ADDED CONSUMER PRODUCTS: Bidders are advised that effective January 1, 2005, Article 27, Title 21 of the Environmental Conservation Law bans the sale or distribution free of charge of fever thermometers containing mercury (except by prescription written by a physician), and bans the sale or distribution free of charge of elemental mercury other than for medical pre-encapsulated dental amalgam, research, or manufacturing purposes due to the hazardous waste concerns of mercury. Further, effective July 12, 2005, manufacturers are now required to label mercury-added consumer products that are sold or offered for sale in New York State by a distributor or retailer. The label is intended to inform consumers of the presence of mercury in such products and of the proper disposal or recycling of mercuryadded consumer products. Bidders are encouraged to contact the Department of Environmental Conservation, Bureau of Solid Waste, Reduction & Recycling at 518/ , or the Bureau of Hazardous Waste Regulation at with questions relating to the law. Bidders may also visit the Department s website for additional information:

5 GROUP CHROME PLATING SERVICES PAGE 5 GENERAL INFORMATION (Cont d) INQUIRIES/DESIGNATED CONTACTS: All inquiries concerning this bid solicitation shall be addressed to the designated Division of Industries staff member whose name appears on the cover page of this Invitation for Bids. If the designated staff member is unavailable, the following Secondary Contact: Kenneth McKeighan, Asst. Industrial Superintendent, may be reached at (518) , or by at Kenneth.McKeighan@docs.state.ny.us. Contacting anyone else other than designated herein may result in rejection of bid. See details under the Procurement Lobbying Act clause on Page 3 of this bid. All questions should be submitted in writing no later than 14 calendar days prior to bid opening, citing the particular bid section. All clarifications and exceptions are to be resolved prior to submission of a bid. Bidders entering into a contract with the State are expected to comply with all terms and conditions contained herein. Answers to questions of a substantive nature will be passed along to all prospective bidders in the form of a Purchasing Memorandum, which will become a part of the bid solicitation and subsequent contract award. It is incumbent on the prospective bidder to notify the Division of Industries of any term, condition, etc. that precludes the vendor from submitting a bid. CONTRACTOR REQUIREMENTS AND PROCEDURES FOR EQUAL EMPLOYMENT AND BUSINESS PARTICIPATION OPPORTUNITIES FOR MINORITY GROUP MEMBERS AND NEW YORK STATE CERTIFIED MINORITY/WOMEN-OWNED BUSINESSES In accordance with Article 15-A of the New York State Executive Law (Participation by Minority Group Members and Women with Respect to State Contracts) and in conformance with the Regulations promulgated by the Minority and Women s Business Development Division of the New York State Department of Economic Development set forth at 5 NYCRR Parts , the Offerer/Contractor agrees to be bound by the following to promote equality of economic opportunities for minority group members and women, and the facilitation of minority and women-owned business enterprise participation on all covered OGS contracts. a. Equal Employment Opportunity Requirements By submission of a bid or proposal in response to this solicitation, the Offerer agrees with all of the terms and conditions of Appendix A including Clause 12 - Equal Employment Opportunities for Minorities and Women. The contractor is required to ensure that the provisions of Appendix A clause 12 Equal Employment Opportunities for minorities and women, are included in every subcontract in such a manner that the requirements of these provisions will be binding upon each subcontractor as to work in connection with the State contract. b. Participation Opportunities for New York State Certified Minorities and Women-Owned Businesses Authorized Users are encouraged to make every good faith effort to promote and assist the participation of New York State Certified Minority and Women-owned Business Enterprises (M/WBE) as subcontractors and suppliers on this contract for the provision of services and materials. To locate New York State Certified M/WBEs, the directory of Certified Businesses can be viewed at: The prime contractor agrees that he/she shall make Good Faith Efforts to subcontract at least (7%) percent minority business enterprise at least (7%) percent women s business enterprise of the total dollar value of the contract. The goal shall be contained in conformance with Appendix B-I participation by minority group members and women with respect to State contracts as outline in Article 15-A of the Executive Law. Failure to obtain these percentages or demonstrate positive efforts to do so may lead to withholding of payments(s).

6 GROUP CHROME PLATING SERVICES PAGE 6 SECTION I INTRODUCTION I.1 SCOPE The issuing agency is the New York State Department of Correctional Services, Division of Industries (Corcraft) is hereby inviting bids for the chrome plating of tubular steel furniture parts as illustrated in the attached drawings, in accordance with the chrome plating specifications and general specifications. Please note that particular attention should be given to the location of the drain holes in the units to be chromed. The service contracts let as a result of this bid will be primarily for Great Meadow Correctional Facility. This IFB outlines the terms and conditions, and all applicable information required for submitting a bid. Bidders should pay strict attention to the bid submission date and time to prevent disqualification. To ensure compliance with bid requirements and prevent possible disqualification, bidders should follow the instructions on Page 2 under the NOTICE TO BIDDERS. The contractor will be required to chrome plate the items listed on the following bid pages. Quantities listed are annual estimates, and the actual quantities to be chrome plated during the contract period may be larger or smaller depending on our production requirements. Additional items may be added during the contract at prices to be negotiated and agreed upon at that time. The Great Meadow Correctional Facility, Division of Industries, Comstock, New York will deliver an average of two (2) 40 trailer loads weekly (some weeks, during peak production periods, it may be necessary to increase to trailers per week) of tubular steel units finished for chrome plating to the contractor s plant. They will then pick up each trailer load of the completed chrome plated units on the next scheduled delivery day. Please note that the contractor s chrome plating facilities must be located within 250 highway miles of Comstock, New York. Each trailer load delivered to the contractor will consist of any mixture of the units listed. The units will be unloaded by your personnel when delivered by Great Meadow. When the units are completed in a finished chrome plated condition and ready for pickup, they will be loaded on Corcraft s trailer by your personnel in accordance with detailed loading instructions to be provided by Great Meadow. The units will be packaged or palletized and reloaded on Great Meadow s trailer in the same quantities and styles as when delivered. Each trailer load of units must be finished and ready for pickup within three (3) working days of delivery to the contractor. If Great Meadow arrives for a scheduled pickup and there are not sufficient chromed items to fill a trailer, Great Meadow will deduct $8.00 from the contractor s invoice for each pallet missing from a normal truckload quantity. Great Meadow will give the contractor one (1) week prior notice of the number of trailers to be delivered during a given week. Trailer loads will be delivered and picked up as scheduled by Great Meadow Industries. Adjustment for holidays will be made in the schedule. Great Meadow will deduct $ from the contractor s invoice for each business day that a trailer load of items is late in being ready for pickup. Additionally, $54.00 may be deducted for each hour that Great Meadow s driver is delayed at the contractor s chrome plating plant beyond one (1) hour in picking up a trailer load of chrome plated items. Should Great Meadow scrap, as a total loss, any item chromed by the contractor because of contractor negligence, an amount equal to Great Meadow s standard cost to manufacture the item, defined as direct labor and raw materials exclusive of any overhead costs, will be deducted from chrome plater s invoice. Great Meadows s bill of materials and operations sheets, in effect at the time the item is scrapped, will be used to establish the amount to be deducted. Scrap is defined as an item that is bent, gouged, rusted, or showing excessive peeling. Any item delivered to the chrome plater by Great Meadow in damaged condition will be set aside and returned to Great Meadow on the next available trailer. Minor touch up work to render a component chromable will be done by the contractor if necessary. Such work like removing scale from welds or buffing weld areas will be considered normal preparation for chroming. If any chromed items are rejected by Great Meadow as being in an unacceptable, but reworkable condition because of peeling, blistering, clouding, or burns, they will be returned to the contractor on a Great Meadow trailer at Great Meadow s earliest convenience, for complete stripping and rechroming. The contractor will rework returned unacceptable items to an acceptable condition within 30 calendar days at the contractor s expense or return them as unrepairable to Great Meadow to be scrapped according to the aforementioned conditions for deducting value from contractor s invoice on scrapped items.

7 GROUP CHROME PLATING SERVICES PAGE 7 I.1 SCOPE (Cont d) Items amounting to more than 10% of a load to be reworked will be accumulated by count and when the equivalent to a trailer load is accumulated, the contractor will be charged for pickup and delivery of items at a rate of $ each way for pickup and delivery of accumulated rework. Penalties cannot exceed the value of a shipment. Contractor must give Great Meadow Division of Industries at least a one (1) month notification of scheduled shutdown and one (1) week notification of unscheduled shutdown. 1.2 METHOD OF AWARD Award shall be made by Grand Total Lot to the lowest responsive and responsible bidder. Bidders shall quote on all items. Bids with minor incompletions will be given consideration subject to subsequent and final determination by the Department of Correctional Services, Division of Industries as to acceptability. A bid which is 5% or less incomplete, will be considered as having "minor" incompletions. The State reserves the right to reject an obviously unbalanced bid or to make "NO AWARD" if individual bid prices are deemed to be unbalanced or excessive or if an error in the solicitation becomes evident. In such case, ranking and evaluation of bids may be made on remaining items. Award would be made on the remaining items. The determination of an unbalanced bid shall be at the sole discretion of the State. Options contained in this paragraph shall also be at the State's sole discretion. I.3 ESTIMATED QUANTITIES The quantities or dollar values listed are estimated only. See "Estimated/Specific Quantity Contracts" in Appendix B, General Specifications. I.4 INQUIRIES All questions should be submitted in writing, citing the particular bid section and paragraph number. Prospective Bidders should note that all clarifications and exceptions, including those relating to the terms and conditions of the contract, are to be resolved prior to the submission of a bid. Answers to all questions of a substantive nature will be given to all Prospective Bidders in the form of a formal addendum (Purchasing Memorandum), which will become part of the ensuing contract CLIENT REFERENCES Upon request, all bidders must provide a minimum of five references, including references from two of the bidder's largest customers. References shall be commercial or governmental accounts, and should demonstrate the ability of the vendor to perform jobs similar in scope to the size, nature and complexity of the outlined bid. The references shall include the: Name, address, contact person, telephone number, fax number, and number of years bidder has serviced the referenced account; Volume of business performed within the past three years for each referenced account TOLL-FREE NUMBER If available, contractors shall provide a toll-free telephone number for the agency s procurement usage. If bidder does not currently maintain a toll-free number, the bidder may offer to establish one prior to award of contract FINANCIAL STABILITY If requested, bidder must document its ability to service a contract with dollar sales volume similar to scope of this bid through submission of financial statements documenting past sales history. The bidder must be financially stable and able to substantiate the financial statements of its company. In addition to sales history, current financial statements may be requested and must be provided within five business days. The state reserves the right to request additional documentation from the bidder and to request reports on financial stability from independent financial rating services. The state reserves the right to reject any bidder who does not demonstrate financial stability sufficient for the scope of this bid.

8 GROUP CHROME PLATING SERVICES PAGE 8 SECTION II TECHNICAL REQUIREMENTS II.1 QUALIFICATION OF BIDDER: Bids will be accepted only from established manufacturers or their authorized dealers. Any dealer submitting a bid hereby guarantees that it is an authorized dealer of the manufacturer, that the manufacturer has agreed to supply the dealer with all quantities of products required by the dealer in fulfillment of its obligations under any resultant contract with the State, and that it will provide a certificate from the manufacturer acknowledging this level of support. (See Manufacturer's Certificate in this document) Bidder must maintain a business establishment with adequate inventories of the products offered, and must be capable of processing and shipping large numbers of orders to various destinations. The Commissioner may require a certificate from the bidder showing the number of years the bidder has been active in selling the products offered and the size and location of the inventories regularly maintained. The Commissioner reserves the right to investigate or make any inquiry into the capabilities of any bidder to properly perform under any resultant contract. See "Performance Qualifications," "Disqualification for Past Performance" and "Employees/Subcontractors/Agents" in Appendix B, General Specifications. II.2 SERVICE REQUIREMENTS (DETAILED SPECIFICATIONS) ELECTRODEPOSITED COATINGS OF NICKEL AND CHROMIUM 1. Scope This specification covers the requirements for the electroplating of tubular steel chair units. The electroplating will consist of an electrodepositing of nickel, followed by electrodepositing of chromium, on a tubular low-carbon steel for an application wherein both appearance and protection of the basic product can be considered as mild and is specified in the ASTM B456-03, as Service Condition SC Manufacture A. Defects in the basic steel metal, such as scratches, porosity, non-conducting inclusions, die marks, cracks or improper surface preparation will be the sole responsibility of the Division of Correctional Industries. If during the plating operation, however, it becomes apparent that the finish is unacceptable due to the above defects, the chrome plater shall cease plating the questionable objects and immediately notify Correctional Industries as to the problems encountered. B. In order to assure satisfactory adhesion between the basic metal and the electrodeposited coating, it is hereby suggested that the chrome plater follow the ASTM recommended basic metal preparatory procedures (ASTM B183-04). 3. Appearance A. The surface of the plated article shall be free from clearly visible plating defects, such as: blisters, pits, roughness, cracks, or unplated areas and shall not be stained or discolored. When a visible contact mark is unavoidable, its position shall be the subject of agreement between the manufacturer and the Division of Correctional Industries. B. The Division of Correctional Industries shall specify the appearance required. Samples showing the required finish need approval from the Division of Correctional Industries and remain with the Division for future reference. Physical Requirements Coating Surface Condition : Metallic Coating Thickness: Corrosion Resistance: ASTM B456-03, Service Condition SC-1 Chromium: mil Nickel Undercoating: mil Acetic-Salt Test Method: as per ASTM G85, with an 8 hr. exposure period Adhesion: ASTM B456-03, Section 6.3 **See Diagrams of tubular steel furniture parts required chroming.

9 GROUP CHROME PLATING SERVICES PAGE 9 SECTION III SPECIAL TERMS AND CONDITIONS III.1 CONTRACT PERIOD It is the intention of the State to enter into a contract for the term as stated on the Invitation for Bids except that the commencement and termination dates appearing on the Invitation for Bids may be adjusted forward unilaterally by the State for any resulting contract for up to two calendar months, by indicating such change on the Notice of Contract Award. The contract dates may be adjusted forward beyond two months only with the approval of the successful bidder. If, however, the bidder is not willing to accept an adjustment of the contract dates beyond the two month period, the State reserves the right to proceed with an award to another bidder. If mutually agreed between the Division of Industries up and the contractor, the contract may be renewed under the same terms and conditions for an additional period not to exceed five (5) years. III.2 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. III.3 VENDOR RESPONSIBILITY DISCLOSURE All bidders are required to complete the Vendor Responsibility Questionnaire and Certifications of Compliance and Understanding with State Finance Law Sections 139-j and 139-k appearing within this Invitation for Bids. Any finding of non-responsibility may be sufficient cause for rejection of bid; or, in the event of determination made after an award, termination of the contract. It is the sole responsibility of the resultant contractor, at any time throughout the contract period, to promptly notify the Division of Industries of any changes to its original responses in the questionnaire. Failure to do so may be sufficient cause for termination of the contract. III.4 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. III.5 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.

10 GROUP CHROME PLATING SERVICES PAGE 10 III.6 INSURANCE REQUIREMENTS Before commencing work, the Contractor, throughout the term of this Contract, or as otherwise required by this Contract, shall obtain and maintain in full force and effect, the following insurance with limits not less than those described below and as required by the terms of this Contract, or as required by law, whichever is greater (limits may be provided through a combination of primary and umbrella/excess policies): a) Workers Compensation, Employers Liability, and Disability Benefits as required by New York State. If employees will be working on, near or over navigable waters, US Longshore and Harbor Workers Compensation Act endorsement must be included. b) Commercial Business Automobile Liability Insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any automobile including owned, leased, hired and nonowned automobiles. c) Commercial General Liability Insurance with a limit of not less than $5,000,000 each occurrence. Such liability shall be written on the ISO occurrence form CG 00 01, or a substitute form providing equivalent coverages and shall cover liability arising from premises operations, independent contractors, productscompleted operations, broad form property damage, personal & advertising injury, cross liability coverage, liability assumed in a contract (including the tort liability of another assumed in a contract) and explosion, collapse & underground coverage. If such insurance contains an aggregate limit, it shall apply separately on a per job or per project basis. d) If the work involves abatement, removal, repair, replacement, enclosure, encapsulation and/or disposal of any petroleum, petroleum product, hazardous material or substance, the Contractor shall maintain in full force and effect throughout the term hereof, pollution legal liability insurance with limits of not less than $5,000,000, providing coverage for bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured. Such policy shall provide coverage for actual, alleged or threatened emission, discharge, dispersal, seepage, release or escape of pollutants, including any loss, cost or expense incurred as a result of any cleanup of pollutants or in the investigation, settlement or defense of any claim, suit, or proceedings against OGS arising from Contractors work. 1. If coverage is written on a claims-made policy, the Contractor warrants that any applicable retroactive date precedes the effective date of this Contract; and that continuous coverage will be maintained, or an extended discovery period exercised, for a period of not less than two years from the time work under this Contract is completed. 2. If the Contract includes disposal of materials from the job site, the Contractor must furnish to Corcraft, evidence of pollution legal liability insurance in the amount of $2,000,000 maintained by the disposal site operator for losses arising from the disposal site accepting waste under this Contract. 3. If autos are used for transporting hazardous materials, the Contractor shall provide pollution liability broadened coverage for covered autos (endorsement CA 99 48) as well as proof of MCS 90. All insurance shall be carried with companies, which are financially responsible and authorized to do business in the State of New York. If any such insurance is due to expire during the contract period, the contractor shall not permit the coverage to lapse and shall furnish evidence of coverage to the Corcraft, Central Office Purchasing staff member. All certificates of insurance, as evidence of coverage, shall provide that no coverage may be cancelled or non-renewed by the insurance company until at least 30 days prior written notification has been given to the Corcraft, Central Office Purchasing staff member. The additional insured requirement does not apply to Workers Compensation or Disability coverage. The insolvency or bankruptcy of the insured Contractor, or Subcontractor, shall not release the Insurer from payment under the policy, even when such insolvency or bankruptcy prevents the insured Contractor, or Subcontractor, from meeting the retention limits under the policy. Contractor acknowledges that failure to obtain any or all required insurance on behalf of Corcraft constitutes a material breach of contract and subjects it to liability for damages, indemnification and all other legal remedies available to Corcraft.

11 GROUP CHROME PLATING SERVICES PAGE 11 III.7 WORKERS COMPENSATION INSURANCE AND DISABILITY BENEFITS REQUIREMENTS: Workers Compensation Law (WCL) 57 & 220 requires the heads of all municipal and state entities to ensure that businesses applying for permits, licenses or contracts document it has appropriate workers compensation and disability benefits insurance coverage. These requirements apply to both original contracts and renewals, whether the governmental agency is having the work done or is simply issuing the permit, license or contract. Failure to provide proof of such coverage or a legal exemption will result in a rejection of your bid or renewal. 1. Proof of Compliance with Workers Compensation Coverage Requirements: An ACORD form is NOT acceptable proof of workers compensation coverage. In order to provide proof of compliance with the requirements of the Workers Compensation Law pertaining to workers compensation coverage, a contractor shall: A) Be legally exempt from obtaining Workers Compensation insurance coverage; or B) Obtain such coverage from an insurance carrier; or C) Be a Workers Compensation Board-approved self-insured employer or participate in an authorized self-insurance plan. A Contractor seeking to enter into a contract with the State of New York shall provide one of the following forms to the Office of General Services at the time of bid submission or shortly after the opening of bids: A) Form CE-200, Certificate of Attestation for New York Entities With No Employees and Certain Out of State Entities, That New York State Workers Compensation and/or Disability Benefits Insurance Coverage is Not Required, which is available on the Workers Compensation Board s website ( (Reference applicable IFB/RFP and Group #s on the form.) B) Certificate of Workers Compensation Insurance: 1) Form C (9/07) if coverage is provided by the contractor s insurance carrier, contractor must request its carrier to send this form to the New York State Office of General Services, or 2) Form U-26.3 if coverage is provided by the State Insurance Fund, contractor must request that the State Insurance Fund send this form to the New York State Office of General Services. C) Form SI-12, Certificate of Workers Compensation Self-Insurance available from the New York State Workers Compensation Board s Self-Insurance Office. D) Form GSI-105.2, Certificate of Participation in Workers Compensation Group Self-Insurance available from the contractor s Group Self-Insurance Administrator. 2. Proof of Compliance with Disability Benefits Coverage Requirements: In order to provide proof of compliance with the requirements of the Workers Compensation Law pertaining to disability benefits, a contractor shall: A) Be legally exempt from obtaining disability benefits coverage; or B) Obtain such coverage from an insurance carrier; or C) Be a Board-approved self-insured employer. A Contractor seeking to enter into a contract with the State of New York shall provide one of the following forms to the Office of General Services at the time of bid submission or shortly after the opening of bids: A) Form CE-200, Certificate of Attestation for New York Entities With No Employees and Certain Out of State Entities, That New York State Workers Compensation and/or Disability Benefits Insurance Coverage is Not Required, which is available on the Workers Compensation Board s website ( (Reference applicable IFB/RFP and Group #s on the form.) B) Form DB-120.1, Certificate of Disability Benefits Insurance. Contractor must request its business insurance carrier to send this form to the New York State Office of General Services; or C) Form DB-155, Certificate of Disability Benefits Self-Insurance. The Contractor must call the Board s Self-Insurance Office at to obtain this form. ALL OF THE ABOVE REFERENCED FORMS, EXCEPT CE-200, SI-12 & DB-155 MUST NAME: The Division of Industries, 550 Broadway, Albany, NY as the Entity Requesting Proof of Coverage (Entity being listed as the Certificate Holder)

12 GROUP CHROME PLATING SERVICES PAGE 12 III.8 PRICE ADJUSTMENT The price is subject to increase or decrease after the initial three-month period of the contract and every three months thereafter, within the contract period and/or any mutually agreed upon contract renewal(s). The price adjustment (up or down) will be based on the % movement since the month of the contract commencement date, evident in the Official Cash Buyer Closing Price for Primary Nickel, as published on the last Friday of each three-month period and available on the London Metal Exchange (LME) website: In addition, the price increase shall not exceed 15% for each 3-month period. On the first business day immediately following the last Friday of the three-month period, the resultant contractor will be required to submit to Corcraft, by fax or , a copy of the London Metal Exchange (LME) official closing prices showing the relevant closing prices posted at the London Metal Exchange. Payment price will be for the period in which the order is received. Implementation of Price Adjustment Price adjustments will be calculated as the difference between the base closing price (cents per pound), as published on the last Friday of the month prior to when the contract commences, and the closing price for the same nickel product (cents per pound) for each three-month period thereafter. Note: If the publisher merely changes the title, or renames the price guide, it will be considered the same guide and therefore, it will continue to guide price adjustments. Note: In the event the above market pricing is abandoned by London Metal Exchange, or is otherwise unavailable, an alternate benchmark will be used and the resulting difference, if any, in the cents per pound price shall be applied to the net prices as shown in the following example with the adjusted net prices to be effective for the immediate ensuing three-month period. Example (All Fictitious Figures): Base closing price (U.S. Dollars per Tonne) On Friday Prior to Contract Start Month: $33, Base closing price (Cents per Pound) On Friday Prior to Contract Start Month: ($33, divided by 2,000 pounds) U.S. Dollars per Tonne closing price, On Friday Prior to Three Months After Contract Start Month: $39, U.S. Dollars per Tonne closing price, On Friday Prior to Three Months After Contract Start Month: ($39, divided by 2,000 pounds) Cents Difference: Percent Difference: % (2.755 divided by = times 100 = , then rounded to the nearest third decimal point) Initial (Awarded) Contract Price: $10.50 Adjusted Contract Price for the Upcoming 3-Month Period: $11.98 ($10.50 times % = $ plus $10.50 = $ , then rounded to the nearest penny) Upward or downward adjustment in net prices shall be effective for orders placed on or after the adjustment period. Example: Contract Period is February 1 through January 31. Initial three-month period is February 1 through April 30. Price adjustments would be effective May 1 through July 31; August 1 through October 31; November 1 through January 31; then February 1 through April 30 and repeat the cycle for all succeeding years. If there is no price adjustment to be made on any given three-month date, the current contract prices will remain in effect until such time as there is a valid price adjustment. No price adjustment will be retroactive to any order other than as set forth in this Price Adjustment clause.

13 GROUP CHROME PLATING SERVICES PAGE 13 III.9 SURETY BOND At any time upon the request of the Department of Correctional Services, Division of Industries, the bidder being considered for award or the contractor shall, within fifteen (15) days of request and at its own cost and expense, obtain and maintain in full force and effect for sixty (60) 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 total bid amount 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, Division of Industries, and may be invoked to the benefit of the State of New York, Department of Correctional Services, Division of Industries, 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. The Letter of Credit or Bond shall be provided on a yearly basis for each year, or portion, of the contract. SECTION IV USE OF CONTRACT BY CORRECTIONAL FACILITIES The intent of this section is to acquaint prospective contractors with the procedures and methods Correctional Facilities will follow in order to utilize services from the ensuing Notice of Contract Award. IV.1 GENERAL DESCRIPTION OF CONTRACTS The Department of Correctional Services, Division of Industries develops six (6) types of contracts for use by Correctional Facilities, Division of Industries. They are designated by the prefixes PA, C, D, L, X or CMS. The resultant contract will be designated as follows: C : is a contract for services which Division of Industries utilizes on an intermittent basis issuing a purchase order to the contractor for a specific term and for either a fixed amount (if known) or for an estimated amount. Payments are then made each month against the purchase order for actual expenditures. Examples are services for asbestos abatement, financial auditing, delivery services and other unit price type services utilized intermittently. IV.2 PROCUREMENT INSTRUCTIONS A. Facilities will issue purchase orders, which are effective and binding on the contractor when placed in the mail addressed to the contractor at the address shown on the front page of the Notice of Contract Award. IV.3 METHOD OF PAYMENT Payments are made against the encumbrance documents or other written orders. Invoices for payment shall be submitted to the Division of Industries on a New York State Standard Voucher or company invoice for services satisfactorily completed during that month. This voucher or invoice shall contain the Contract ID number (i.e.: C00XX); the name of the Division of Industries; the location where service was performed; and, either in its body or as an attachment shall contain a copy of the report itemizing services performed during that month. IV.4 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.

14 GROUP CHROME PLATING SERVICES PAGE 14 SECTION V ADMINISTRATIVE V.1 BIDS All bids shall be received with the understanding that the acceptance in writing by the Division of Industries with the approval of the Office of the State Comptroller, with communication to the contractor in accordance with clause #36 of Appendix B, shall constitute a contract between the Bidder and the State. All bids and accompanying documentation shall become the property of the State of New York and shall not be returned. ELECTRONIC PROPOSALS OR BID RESPONSES WILL NOT BE ACCEPTED FOR THIS BID OPENING. V.2 NEW YORK STATE PROCUREMENT RIGHTS New York State reserves the right to: A. Adjust any bidder's expected costs based on a determination of the evaluation committee that the selection of the said bidder will incur additional costs by the State. B. Utilize any and all ideas submitted in the proposals received. C. Adopt all or any part of a bidder's proposal in selecting the optimum configuration. D. Negotiate with bidders responding to this IFB within the IFB requirements to serve the best interests of the State. E. Should the State be unsuccessful in negotiating a contract with the selected contractor within 45 days, the State may begin contract negotiations with another bidding contractor in order to serve the best interest of the State. F. Select and award the contract to other than the lowest bidder in the event of unsuccessful negotiations. V.3 NOTICE OF CONTRACT AWARD The successful bidder(s) shall be advised by receipt of a copy of the Notice of Contract Award by Division of Industries, in accordance with clause #36 of Appendix B. V.4 BIDDER DEBRIEFING Unsuccessful bidders shall be notified upon Notice of Contract Award to the winning Contractor(s). If requested, unsuccessful bidders shall be provided with the basis for the finding that the bid was unacceptable. V.5 PROPOSAL SECURITY The content of each bidder's proposal will be held in strict confidence during the bid evaluation process, and details of a proposal will not be revealed (except as may be required under the Freedom of Information Law or other State Law). V.6 LIQUIDATED DAMAGES If the Contractor fails to complete services in accordance with specifications or within the times specified herein it is understood, and the Contractor hereby agrees that the amount of 10 percent of the contracted value per day up to the value of contracted equipment and services shall be deducted from the monies due the Contractor for each intervening calendar day, not as a penalty, but as liquidated damages. V.7 CONTRACT AMENDMENT PROCESS During the term of the contract, the contract may be amended as changes occur within the industry. The Department of Correctional Services, Division of Industries reserves the right to consider amendments which are not specifically covered by the terms of the contract but are judged to be in the best interest of the State. Examples of amendments may include, but are not limited to, new job titles under the Department of Labor Prevailing Wages, new categories of expertise, ancillary job classifications, on-going services, etc. The process by which amendments may occur is in accordance with the method outlined below. The Department of Correctional Services, Division of Industries, an Authorized User, or the Contractor may suggest changes. If the Contractor offers new job titles or services, these services may be made available under this contract and may be offered at maximum not to exceed prices. It shall be the Contractor s responsibility to submit to the Division of Industries, service changes for consideration for contract amendment. These changes, if approved, shall take effect upon written notification by the Department of Correctional Services, Division of Industries and may be subject to pre-audit by the Office of the State Comptroller. Contractor submitted requests for changes to the contract during the contract period, or any extension period, should include the following, as applicable: i.) A cover letter briefly describing the request for addition, stating the need for such service to be added. ii.) If applicable, a statement from the Division of Industries indicating the requirement for the addition, and the estimated usage (dollars). iii.) A maximum not to exceed price incorporating all changes.

15 GROUP CHROME PLATING SERVICES PAGE 15 PLEASE USE BLACK INK OR TYPEWRITER WHEN PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY S NAME IN THE BOX Bidder LOT: Chrome Plating of tubular steel chair frames, costumer parts and table parts as illustrated in the attached drawings, and in accordance with the Detailed Specifications incorporated herein. Annual Estimated CHROME PLATING: Quantity Unit Price Total Price Chair Frame (FRM01880) 5,000 $ $ Chair Frame (FRM01861S) 14,000 $ $ Chair Frame (FRM01261) 300 $ $ Chair Frame (FRM01461) 1,000 $ $ Chair Frame (FRM01661) 1,500 $ $ 6. Costumer Parts: a) PST ,500 $ $ b) Post w/hooks PST ,500 $ $ c) Leg, bases PST $ $ 7. Low Back Chair Frame (1050) (FRM100001) 1,000 $ $ 8. Conference Chair Frame (1051) - (FRM100004) 1,200 $ $ 9. Side Chair Frame (1052) (FRM100006) 500 $ $ 10. High Back Swivel Chair Frame (1053) (FRM200001) 500 $ $ 11. Armless Low Back Chair Frame (1054) - (FRM02223) 300 $ $ Sled Base/Chair Desk Combo (FRM01011) 4,000 $ $ Open Front Desk Frame (FRM1004) 100 $ $ Study Top Desk Frame (FRM1001) 6,500 $ $ Desk (FRM1003) 5,000 $ $ 16. INS 1003 Inserts, Adjustable Desk (INS1003) 20,000 $ $ 17. Stacking Dolly: a) Arm (ARMCD16) 100 $ $ b) Ext (EXTCD16) 100 $ $ Chair Frame (FRM1023) 2,600 $ $ Study Top Desk w/ Book Basket (FRM1002) 500 $ $ 20. Wall Mounted Coat Rack (RAK10560) 100 $ $ Adjustable Study Top Desk w/bskt- (FRM1002A) 300 $ $ Side Chair Frame w/tab (FRM100006B) 500 $ $ (See Item #9) Sled Base/Chair Desk w/o Bookrack (FRM01012) (See Item #12) 100 $ $ Multi-Leg Chair Desk Combo (FRM02011) 2,000 $ $ Multi-Leg Chair Desk Combo, w/o Book Rack 100 $ $ (FRM02012) 26. Handicap Desk Insert (INS1005) 400 $ $

16 GROUP CHROME PLATING SERVICES PAGE 16 PLEASE USE BLACK INK OR TYPEWRITER WHEN PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY S NAME IN THE BOX Bidder Annual Estimated CHROME PLATING: Quantity Unit Price Total Price 27. Handicap Desk Frame - (FRM1005) 5,000 $ $ Adjustable Study Top Desk Frame (FRM1001AC) 500 $ $ 29. Stools ,000 $ $ 30. Elevated Officers Chair (FRM10007) 100 $ $ Grand Total Bid, LOT (Items #1 30): $

17 GROUP CHROME PLATING SERVICES PAGE 17 PLEASE USE BLACK INK OR TYPEWRITER WHEN PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY S NAME IN THE BOX Bidder NOTES TO BIDDERS: FAILURE TO ANSWER THE QUESTIONS WILL DELAY THE EVALUATION OF YOUR BID AND MAY RESULT IN REJECTION OF YOUR BID. Are prices quoted the same as or lower than those quoted other corporations, institutions and government agencies (including GSA/VA contracts) on similar products, quantities, terms and conditions? See "Best Pricing Offer" in Appendix B, General Specifications. If "NO", please explain on a separate sheet. YES NO Do you have a contract with the General Services Administration (GSA) or Veterans Affairs (VA) for products offered? (Check all that apply.) GSA VA NO If yes, will you offer New York State pricing equal to or better than your GSA or VA pricing? GSA VA NO If yes, a copy of the GSA or VA schedule is required. Have you included a copy? GSA VA NO Is this product available only on a "direct from the manufacturer basis, or can pricing be obtained from dealers or distributors? Check one: Manufacturer Other If you are a manufacturer and have checked "Other", please attach listing of authorized dealers and distributors. YES NO Do you have your catalog available on the Internet? YES NO If yes, do you have the ability to make NYS pricing available along with your catalog on line? YES NO Does bidder offer Electronic Access Ordering (EDI)? YES NO Are any products offered manufactured from recycled materials? YES NO

18 GROUP CHROME PLATING SERVICES PAGE 18 PLEASE USE BLACK INK OR TYPEWRITER WHEN PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY S NAME IN THE BOX Bidder NOTES TO BIDDERS: (Cont d) Are any products offered remanufactured (restored to its original performance standards and function)? YES NO Are any products offered Energy Star Compliant? (If YES to any of the above, please attach specifics.) YES NO For bidders offering wood products, are the products manufactured from wood harvested from forests certified as being sustainably managed? YES NO IF YES: Please check the organization providing the certification: American Tree Farm Program Canadian Standards Association Forest Stewardship Council Sustainable Forestry Initiative SM Please identify the products manufactured from certified forests Other (Name)

19 GROUP CHROME PLATING SERVICES PAGE 19 PLEASE USE BLACK INK OR TYPEWRITER WHEN PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY S NAME IN THE BOX Bidder NOTES TO BIDDERS: (Cont d) If awarded a contract, will bidder honor orders for less than the minimum order? If YES, will shipping costs be added in accordance with the "Minimum Order" clause? OR If YES, will bidder ship at no additional cost? YES YES YES NO NO NO Person or persons to contact for expediting New York State contract orders: Name: Title: Telephone Number: Toll Free Telephone Number: Fax Number: Toll Free Fax Number: ( ) ( ) ( ) ( ) Address: Person or persons to contact in the event of an emergency occurring after business hours or on weekend/holidays: State Normal Business Hours (Specify M-F, Sat, Sun): Name: Title: Telephone Number: Fax Number: Pager Number: Cellular Telephone Number: ( ) ( ) ( ) ( ) Address:

20 GROUP CHROME PLATING SERVICES PAGE 20 PLEASE USE BLACK INK OR TYPEWRITER WHEN PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY S NAME IN THE BOX BIDDERS PLEASE ANSWER THE FOLLOWING QUESTIONS: 1. Is your company a Minority or Women-Owned Business Enterprise, certified in accordance with Article 15A of the New York State Executive Law as defined below? 2. Is your company listed in the Empire State Development Directory of Certified Minority and Women Owned Businesses? NOTE: Contractors certified and listed in the Empire State Development s Directory of Certified Minority and Women- Owned Business Enterprises* will be identified by OGS as MBEs and/or WBEs in the OGS Contract Award Notification upon award of the contract. Bidder YES NO YES NO MINORITY-OWNED WOMEN-OWNED MINORITY AND WOMEN-OWNED *For further information and or application please contact New York State Department of Economic Development, Division of Minority and Women-Owned Business Enterprise at (Albany) or (New York City). "Minority or Women-Owned Business Enterprise" shall mean a business enterprise, including a sole proprietorship, partnership or corporation that is: (a) at least fifty-one percent owned and controlled by the minority members and/or women; (b) an enterprise in which such minority and/or women ownership interest is real, substantial and continuing; (c) an enterprise in which such minority and/or women ownership has and exercises the authority to independently control the day-to-day business decisions; and (d) an enterprise independently owned, operated and authorized to do business in New York State. 3. Is your company a New York Small Business Concern as defined in accordance with Article 11 of the New York State Finance Law? YES NO "Small Business Concern" means a business which: (a) is resident in New York State; (b) is independently owned and operated; (c) is not dominant in its field; and, (d) employs one hundred or fewer persons.

21 GROUP CHROME PLATING SERVICES PAGE 21 PLEASE USE BLACK INK OR TYPEWRITER WHEN PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY S NAME IN THE BOX Bidder 4. Total number of people employed by your business in New York State: 5. PLACE OF MANUFACTURE OF PRODUCT(S) BID: (Indicate Yes or No for either A, B or C) A. All NYS Manufacture B. All Manufactured outside NYS C. Manufactured In NYS and Outside NYS If yes to C above, Location (State) where more than half the value is added to the product(s) bid: YES NO YES NO YES NO State of 6. BIDDER S PRINCIPAL PLACE OF BUSINESS*: State of *"Principal Place of Business" is the location of the primary control, direction and management of the enterprise. 7. "NONDISCRIMINATION IN EMPLOYMENT IN NORTHERN IRELAND: MacBRIDE FAIR EMPLOYMENT PRINCIPLES" In accordance with Section 165 of the State Finance Law, the bidder, by submission of this bid, certifies that it or any individual or legal entity in which the bidder holds a 10% or greater ownership interest, or any individual or legal entity that holds a 10% or greater ownership interest in the bidder, either: (Answer Yes or No to one or both of the following, as applicable), A. have business operations in Northern Ireland: YES NO If yes, B. shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles relating to nondiscrimination in employment and freedom of workplace opportunity regarding such operations in Northern Ireland, and shall permit independent monitoring of compliance with such Principles. YES NO

22 GROUP CHROME PLATING SERVICES PAGE 22 PLEASE USE BLACK INK OR TYPEWRITER WHEN PREPARING YOUR BID. BE SURE YOU HAVE INSERTED YOUR COMPANY S NAME IN THE BOX Bidder 8. BIDDER/OFFERER DISCLOSURE OF PRIOR NON- RESPONSIBILITY DETERMINATIONS Pursuant to Procurement Lobbying Law (SFL 139-j) A. Has any Governmental Entity made a finding of nonresponsibility regarding the individual or entity seeking to enter into the Procurement Contract in the previous four years? If yes, please answer the following question: B. Was the basis for the finding of non-responsibility due to a violation of State Finance Law 139-j? C. If yes, was the basis for the finding of non-responsibility due to the intentional provision of false or incomplete information to a governmental entity? If yes, please provide details regarding the finding of nonresponsibility: Governmental Entity: YES NO YES NO YES NO Date of Finding of Non-responsibility: Basis of Finding of Non-Responsibility: (add additional pages if necessary) D. Has any governmental agency terminated or withheld a procurement contract with the above-named individual or entity due to the intentional provision of false or incomplete information? If yes, please provide details: Governmental Entity: YES NO Date of Termination or Withholding of Contract: Basis of Termination or Withholding: (add additional pages if necessary)

23 GROUP CHROME PLATING SERVICES PAGE 23 MANUFACTURER S CERTIFICATE NOTE TO BIDDERS: This "Manufacturer's Certificate" is to be removed, and forwarded to the manufacturer by the bidder, completed and returned to the bidder by the manufacturer, and submitted with the bidder's offer. (See "QUALIFICATION OF BIDDER" clause.) BIDDER'S COMPANY NAME: ADDRESS: The manufacturer executing this certificate by signature below does hereby attest to the accuracy and validity of the responses to the following questions: 1. Is the bidder listed above an authorized dealer? Yes No 2. Do you as a manufacturer agree to supply the bidder/dealer with all quantities of products ordered pursuant to any resulting contract with the State? Yes No MANUFACTURER'S COMPANY NAME: ADDRESS: TELEPHONE NUMBER: FAX NUMBER: ADDRESS: PRINTED OR TYPED COPY OF SIGNATURE SIGNATURE OF AUTHORIZED MANUFACTURER'S REPRESENTATIVE DATE * * * * *

24 GROUP CHROME PLATING SERVICES PAGE 24 Bidder Compliance & Understanding of SFL 139-j and 139-k This page shall be completed and submitted with your bid/proposal or offer in accordance with Chapter 1 of the Laws of 2005, and New York State Finance Law Sections 139-j and 139-k. Failure to complete and submit this page shall result in a determination of non-responsiveness and disqualification of the bid, proposal or offer. Bidder Compliance with State Finance Law Section 139-k: I certify that all information provided to the Division of Industries with respect to State Finance Law Section 139-k is complete, true and accurate. By: Date: Name: Title: Contractor Name: Contractor Address: Bidder Understanding of State Finance Law Section 139-j: Bidder affirms that it understands and agrees to comply with the procedures of the Division of Industries relative to permissible contacts as required by State Finance Law Section 139-j (3) and Section 139-j (6) (b). By: Date: Name: Title: Contractor Name: Contractor Address:

25 GROUP CHROME PLATING SERVICES PAGE 25 VENDOR RESPONSIBILITY DISCLOSURE Vendors are invited to file the required Vendor Responsibility Questionnaire online via the New York State VendRep System or may choose to complete and submit the following paper questionnaire. To enroll in and use the New York State VendRep System, see the VendRep System Instructions available at or go directly to the VendRep System online at For direct VendRep System user assistance, the OSC Help Desk may be reached at or or by at helpdesk@osc.state.ny.us Certificate of No Change (Appears on Next Page) If the bidder has previously submitted a Questionnaire, which has been reviewed and the bidder has received an award in the past twelve (12) months, and no conditions have changed since that submission, the bidder may fill out this certificate. The bidder should also attach a copy of the previously submitted Vendor Responsibility Questionnaire to this Certificate of No Change. Vendor Responsibility Questionnaire (7 pages) The bidder shall fully and accurately complete this seven-page questionnaire, which starts two pages from here. The bidder acknowledges the State s execution of the contract will be contingent upon the State s determination the bidder is responsible, and the State will be relying upon the bidder s responses to the questionnaire in making that determination. The bidder agrees that if it is found by the State that the bidder s responses to the questionnaire were intentionally false or incomplete, on such finding, the Division of Industries may terminate the contract by providing ten (10) days written notification to the contractor. In no case shall such termination of the contract by the State be deemed a breach thereof, nor shall the State be liable for any damages or lost profits or otherwise, which may be sustained by the contractor as a result of such termination.

26 GROUP CHROME PLATING SERVICES PAGE 26 CERTIFICATE OF NO CHANGE State of: ) ) ss: County of: ) The undersigned, being duly sworn, deposes and says: 1. I am, the (title) of (hereinafter the Contractor ), which is currently submitting *. 2. Contractor previously submitted the completed Vendor Responsibility Questionnaire, dated to in connection with another State contract. 3. Attached is an accurate and true copy of such previously submitted Vendor Responsibility Questionnaire. 4. I hereby certify that with the exception of the information specified under Authorized Contact for this Questionnaire, and as changed herein, there has been no material change in the information pertaining to the Contractor specified on such attached Questionnaire. AUTHORIZED CONTACT FOR THE PROPOSED CONTRACT: Name: Title: Telephone Number: Fax Number: Signature Print Name Title Sworn to before me this day of, 20 Notary Public Registration No.: State of: *Insert as appropriate: bid, amendment, renewal, template, assignment, etc.

27 GROUP CHROME PLATING SERVICES PAGE 27 VENDOR RESPONSIBILITY QUESTIONNAIRE BIDDER MUST COMPLETE THE FOLLOWING SEVEN (7) PAGES AND RETURN WITH BID BUSINESS ENTITY INFORMATION Legal Business Name: EIN: Address of the Principle Place of Business/Executive Office: Phone Number: Fax Number: Website: AUTHORIZED CONTACT FOR THIS QUESTIONNAIRE Name: Phone Number: Fax Number: Title: List any other DBA, Trade Name, Other Identity, or EIN used in the last five (5) years, the state or county where filed, and the status (active or inactive): (if applicable) Type Name EIN State or County where filed Status I. BUSINESS CHARACTERISTICS 1.0 Business Entity Type Please check appropriate box and provide additional information: a) Corporation (including PC) Date of Incorporation b) Limited Liability Co. (LLC or PLLC) Date Organized c) Limited Liability Partnership Date of Registration d) Limited Partnership Date Established e) General Partnership Date Established County (if formed in NYS) f) Sole Proprietor How many years in business? g) Other Date Established If Other, explain: 1.1 Was the Business Entity formed in New York State? Yes No If No indicate jurisdiction where the Business Entity was formed: United States Other State Country 1.2 Is the Business Entity currently registered to do business in New York State with the Department of State? Note: Select Not Required if the Business Entity is a Sole Proprietor or General Partnership If No, explain why Business Entity is not required to be registered in New York State: Yes No Not Required 1.3 Is the Business Entity registered as a Sales Tax Vendor with the New York State Department of Taxation and Finance? Yes No If No, explain and provide detail, such as not required, application in process, or other reason for not being registered.

28 GROUP CHROME PLATING SERVICES PAGE 28 I. BUSINESS CHARACTERISTICS 1.4 Is the Business Entity publicly traded? Yes No CIK Code or Ticker Symbol 1.5 Is the responding Business Entity a Joint Venture? Note: If the Submitted Business Entity is a Joint Venture, also submit a questionnaire for each Business Entity comprising the Joint Venture 1.6 Does the Business Entity have a DUNS Number? Yes Yes No No Enter DUNS Number 1.7 Is the Business Entity s Principal Place of Business/Executive Office in New York State? If No, does the Business Entity maintain an office in New York State? Provide the address and telephone number for one New York office. 1.8 Is the Business Entity a New York State Certified Minority Owned Business Enterprise (MBE), Women Owned Business Enterprise (WBE), New York State Small Business or a Federally Certified Disadvantaged Business Enterprise (DBE)? If Yes, check all that apply: New York State Certified Minority Owned Business Enterprise (MBE) Women Owned Business Enterprise (WBE) New York State Small Business Federally Certified Disadvantaged Business Enterprise (DBE) 1.9 Identify Business Entity Officials and Principal Owner. For each person, include name, title and percentage of ownership, if applicable. (Attach additional pages if necessary) Yes Yes Yes No No No Name Title Percentage Ownership (Enter 0% if not applicable) II. AFFILIATES/JOINT VENTURE RELATIONSHIPS 2.0 Does the Business Entity have any Affiliates? Attach additional pages if necessary. Yes No Affiliate Name Affiliate EIN (If available) Affiliate s Primary Business Activity Firm/Company Address Explain relationship with the firm and indicate percent ownership, if applicable(enter O, if not applicable): Are there any Business Entity Officials or Principal Owners that the Business Entity has in common with this affiliate? additional pages in necessary Individual s Name Position/Title with Firm/Company Yes No 2.1 Has the Business participated in any Joint Ventures within the past three (3) years? Attach additional Yes pages in necessary Joint Venture Name: Joint Venture EIN (If available) Identify parties to the Joint Venture: No

29 GROUP CHROME PLATING SERVICES PAGE 29 III. CONTRACT HISTORY 3.0 Has the Business Entity held any contracts with new York State government entities in the last three (3) years? If Yes attach a list including the Contract Number, Agency Name, Contract Amount, Contract Start Date, Contract End Date, and the Contract Description. Yes No IV. INTEGRITY CONTRACT BIDDING Within the past five (5) years, has the Business Entity or any Affiliate 4.0 been suspended or debarred from any governmental contracting process or been disqualified on any government procurement? 4.1 been subject to a denial or revocation of a government prequalification? Yes No 4.2 been denied a contract award or had a bid rejected based upon a finding of non-responsibility by a Yes No government entity? 4.3 had a low bid rejected on a government contract for failure to make good faith efforts on any Minority Owned Business Enterprise, Women Owned Business Enterprise or Disadvantaged Business Yes No Enterprise goal or statutory affirmative action requirements on a previously held contract? 4.4 agreed to a voluntary exclusion from bidding/contracting with a government entity? Yes No 4.5 initiated a request to withdraw a bid submitted to a government entity or made any claim of an error on a bid submitted to a government entity? For each Yes answer provide an explanation of the issue(s), the Business Entity involved, the relationship to the submitting Business Entity, relevant dates, the government entity involved, and any remedial or corrective action(s) taken and the current status of the issue(s). Provide answer below or attach additional sheets with numbered responses. Yes Yes No No V. INTEGRITY CONTRACT AWARD Within the past five (5) years, has the Business Entity or any Affiliate 5.0 been suspended, cancelled or terminated for cause on any government contract? Yes No 5.1 been subject to an administrative proceeding or civil action seeking specific performance or restitution in connection with any government contract? Yes No 5.2 entered into a formal monitoring agreement as a condition of a contract award from a government entity? For each Yes answer provide an explanation of the issue(s), the Business Entity involved, the relationship to the submitting Business Entity, relevant dates, the government entity involved, and any remedial or corrective action(s) taken and the current status of the issue(s). Provide answer below or attach additional sheets with numbered responses. Yes No VI. CERTIFICATIONS/LICENSES Within the past five (5) years, has the Business Entity or any Affiliate 6.0 had a revocation, suspension or disbarment of any business or professional permit and/or license? Yes No 6.1 had a denial, decertification, revocation or forfeiture of New York State certification of Minority Owned Business Enterprise, Women Owned Business Enterprise or a federal certification of Disadvantaged Business Enterprise status, for other than a change of ownership? Yes No For each Yes answer provide an explanation of the issue(s), the Business Entity involved, the relationship to the submitting Business Entity, relevant dates, the government entity involved, and any remedial or corrective action(s) taken and the current status of the issue(s). Provide answer below or attach additional sheets with numbered responses.

30 GROUP CHROME PLATING SERVICES PAGE 30 VII. LEGAL PROCEEDINGS Within the past five (5) years, has the Business Entity or any Affiliate 7.0 been the subject of an investigation, whether open or closed, by any government entity for a civil or criminal violation? 7.1 been the subject of an indictment, grant of immunity, judgment or conviction (including entering into a plea bargain) for a conduct constituting a crime? 7.2 received any OSHA citation and Notification of Penalty containing a violation classified as serious or willful? 7.3 had a government entity find a willful prevailing wage or supplemental payment violation? Yes No 7.4 had a New York State Labor Law violation deemed willful? Yes No 7.5 entered into a consent order with the new York State Department of Environmental Conservation, or a Federal, State or local government enforcement determination involving a violation of federal, state or local environmental laws? 7.6 other than the previously disclosed: (i) Been subject to the imposition of a fine or penalty in excess of $1,000 imposed by any government entity as a result of the issuance of citation, summons or notice of violation, or pursuant to any administrative, regulatory, or judicial determination; or (ii) Been charged or convicted of a criminal offense pursuant to any administrative and/or regulatory action taken by any government entity? Yes No For each Yes answer provide an explanation of the issue(s), the Business Entity involved, the relationship to the submitting Business Entity, relevant dates, the government entity involved, and any remedial or corrective action(s) taken and the current status of the issue(s). Provide answer below or attach additional sheets with numbered responses. VIII. LEADERSHIP INTEGRITY NOTE: If the Business Entity is a Joint Venture Entity, answer N/A - Not Applicable to question 8.0 through 8.4.) Within the past five (5) years has any individual previously identified, any other Business Entity Leader not previously identified, or any individual having the authority to sign, execute or approve bids, proposals, contracts or supporting documentation with New York State been subject to 8.0 a sanction imposed relative to any business or professional permit and/or license? Yes No N/A 8.1 an investigation, whether open or closed, by any government entity for a civil or criminal violation for Yes No any business related conduct? N/A 8.2 an indictment, grant of immunity, judgment, or conviction of any business related conduct constituting a crime including, but not limited to, fraud, extortion, bribery, racketeering, price fixing, bid collusion or Yes any crime related to truthfulness? N/A No Yes Yes Yes Yes No No No No 8.3 a misdemeanor or felony charge, indictment or conviction for: (i) any business-related activity including but not limited to fraud, coercion, extortion, bribe or bribereceiving, giving or accepting unlawful gratuities, immigration or tax fraud, racketeering, mail fraud, wire fraud, price fixing or collusive bidding; or (ii) any crime, whether or not business related, the underlying conduct of which related to truthfulness, including but not limited to the filing of false documents or false sworn statements, perjury or larceny? Yes N/A No 8.4 a debarment from any government contracting process? Yes No N/A For each Yes answer above provide an explanation of the issue(s), the individual involved, the government entity involved, the relationship to the submitting Business Entity, relevant dates, any remedial or corrective action(s) taken and the current status of the issue(s). Provide answer(s) below or attach additional sheets with numbered responses.

31 GROUP CHROME PLATING SERVICES PAGE 31 IX. FINANCIAL AND ORGANIZATIONAL CAPACITY 9.0 Within the past five (5) years, has the Business Entity or any Affiliates received a formal unsatisfactory performance assessment(s) from any government entity on any contract? Yes No If Yes provide an explanation of the issue(s), the Business Entity involved, the relationship to the submitting Business Entity, relevant dates, the government entity involved, and any remedial or corrective action(s) taken and the current status of the issue(s). Provide answer below or attach additional sheets with numbered responses. 9.1 Within the past five (5) years, has the Business Entity or any Affiliates had any liquidated damages assessed over $25,000? If Yes provide an explanation of the issue(s), the Business Entity involved, the relationship to the submitting Business Entity, relevant dates, contracting party involved, the amount assessed and the current status of the issue(s). Provide answer below or attach additional sheets with numbered responses. 9.2 Within the past five (5) years, has the Business Entity or any Affiliate had any liens, claims or judgments (not including UCC filings) over $25,000 filed against the Business Entity which remain undischarged or were unsatisfied for more than 90 days? If Yes provide an explanation of the issue(s), the Business Entity involved, the relationship to the submitting Business Entity, the lien holder or Claimants name(s), the amount of the lien(s) and the current status of the issue(s). Provide answer below or attach additional sheets with numbered responses. 9.3 In the last seven (7) years, has the Business Entity or any Affiliates initiated or been the subject of any bankruptcy proceedings, whether or not closed, regardless of the date of filing, or is any bankruptcy proceeding pending? If Yes provide the Business Entity involved, the relationship to the submitting Business Entity, the Bankruptcy chapter number, the Court name and the docket number. Indicate the current status of the proceedings as Initiated, Pending or Closed. Provide answer below or attach additional sheets with numbered responses. Yes Yes Yes No No No 9.4 During the past three (3) years, has the Business Entity and any Affiliates failed to file or pay any tax returns required by federal, state or local tax laws? Yes No If Yes provide the Business Entity involved, the relationship to the submitting Business Entity, the taxing jurisdiction (federal, state or other), the type of tax, the liability years, the tax liability amount the Business Entity failed to file/pay and the current status of the tax liability. Provide answer below or attach additional sheets with numbered responses. 9.5 During the past three (3) years, has the Business Entity and any Affiliates failed to file or pay any New York State unemployment insurance returns? Yes No If Yes provide the Business Entity involved, the relationship to the submitting Business Entity, the years the Business Entity failed to file/pay the insurance, explain the situation and any remedial or corrective action(s) taken and the current status of the issue(s). Provide answer below or attach additional sheets with numbered responses. 9.6 During the past three (3) years, has the Business Entity or any Affiliates had any government audits? If yes did any audit reveal material weaknesses in the Business Entity s system of internal controls? If yes did any audit reveal non-compliance with contractual agreements or any material disallowance (if not previously disclosed in 9.6)? Yes Yes Yes No No No If Yes provide the Business Entity involved, the relationship to the submitting Business Entity, the years the Business Entity failed to file/pay the insurance, explain the situation and any remedial or corrective action(s) taken and the current status of the issue(s). Provide answer below or attach additional sheets with numbered responses.

32 GROUP CHROME PLATING SERVICES PAGE 32 X. FREEDOM OF INFORMATION LAW (FOIL) 10.0 Indicate whether any information provided herein is believed to be exempt from disclosure under the Freedom of Information Law (FOIL). Note: A determination of whether such information is exempt from FOIL will be made at the time of any request for disclosure under FOIL. Yes No Indicate the question number(s) and explain the basis for the claim. XI. PROCUREMENT LOBBYING DISCLOSURE 11.0 Has any contracting agency made a finding of non-responsibility regarding the individual or vendor seeking to enter into the Procurement Contract in the previous four (4) years? Was the basis for the finding of non-responsibility due to a violation of State Finance Law Section 139-J? Was the basis for the finding of non-responsibility due to the intentional provision of false or incomplete information to a contracting agency? Has any contracting agency terminated or withheld a procurement contract with the abovenamed individual or vendor due to intentional provision of false/incomplete information? Yes Yes Yes Yes No No No No If Yes to any of these questions, provide contracting agency, date of finding/termination/withholding, and basis of finding/termination/withholding.

33 GROUP CHROME PLATING SERVICES PAGE 33 Certification The undersigned: (1) recognizes that this questionnaire is submitted for the express purpose of assisting New York State contracting entities in making responsibility determinations regarding an award of a contract or approval of a subcontract; (2) recognizes that the Office of the State Comptroller (OSC) will rely on information disclosed in the questionnaire in making responsibility determinations and in approving a contract or subcontract; (3) acknowledges that the New York State contracting entities and OSC may, in their discretion,,by means which they may choose, verify the truth and accuracy of all statements made herein; and (4) acknowledges that intentional submission of false of misleading information may constitute a misdemeanor or felony under New York State Penal Law, may be punishable by a fine and/or imprisonment under Federal Law, and may result in a finding of non-responsibility, contract suspension or contract termination. The undersigned certifies that he/she: is knowledgeable about the submitting Business Entity s business and operations; has read and understands all of the questions contained in the questionnaire; has not altered the content of the question in any manner; has reviewed and/or supplied full and complete responses to each question; to the best of their knowledge, information and belief, confirms that the Business Entity s responses are true, accurate and complete, including all attachments; if applicable; understands that New York State will rely on information disclosed in the questionnaire when entering into a contract with the Business Entity; and is under obligation to update the information provided herein to include any material changes to the Business Entity s responses at the time of bid/proposal submission through the contract award notification, and may be required to update the information at the request of the New York State contracting entities or OSC prior to the award and/or approval of a contract, or during the term of the contract. Signature of Owner/Officer Printed Name of Signatory Title Name of Business Address City, State, Zip Sworn to before me this day of, 20 ; Notary Public

34 GROUP CHROME PLATING SERVICES PAGE 34 CONTRACTOR CERTIFICATION FORMS (Pursuant to Section 5-A of the Tax Law) Form ST-220-TD (4 pages) If filing with the Department of Taxation& Finance for the first time, or previously submitted information needs to be updated, these 4 pages must be removed from this bid, completed, signed and submitted directly to the Department of Taxation and Finance. Form ST-220-CA (2 pages) Regardless of whether ST-220-TD is being filed/updated for this bid or not, these 2 pages must be completed, signed and returned with this bid.

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