NOTICE OF CONTRACT AWARD

Transcription

1 GROUP NO./COMMODITY: /Raw Chemical Material for the Manufacturing of Cleaning Products CONTRACT NO. CONTRACTOR CONTACT INFORMATION PA M/WBE: MBE Goal: 0% WBE Goal: 0% Exclusion: YES NO Chartfield 2: NOTICE OF CONTRACT AWARD Division of Industries J. Tech Sales, LLC Joan Bunyan, Correctional Industries Business Mgr Commerce Park Blvd Phone: , ext Suite 170 Toll Free: , ext Boca Raton, FL Fax: SFS CONTRACT ID#: Great Meadow Correctional Facility Vendor ID# Federal ID# Contract Period: April 1, 2017 through March 31, 2019 (with option to extend) Invitation For Bids (IFB) No.: 1040 (Replaces Award No. 872) Bid Opening Date: January 5, 2017 Direct inquiries regarding this contract to: Susan Dinan, Contract Management Specialist I NYS Department of Corrections and Community Supervision Division of Industries 550 Broadway Albany, NY Telephone: (518) Ext Fax: (518) Susan.Dinan2@doccs.ny.gov Contract Approval Date: March 28, 2017 NYS Department of Corrections and Community Supervision Division of Industries (Corcraft) By: Kathleen Gallagher Supervisor CI Purchasing FOR TAX FREE TRANSACTIONS UNDER THE INTERNAL REVENUE CODE, THE NEW YORK STATE REGISTRATION NUMBER IS K. TERMS AND CONDITIONS AS APPLIED TO THIS CONTRACT ARE AS PER THE REFERENCED INVITATION FOR BIDS, PROCUREMENT LOBBYING ACT, CONTRACTOR CERTIFICATION (Tax Law 5-a, ST-220 Form) AND THE ATTACHED PAGES.

2 GROUP RAW CHEMICAL MATERIAL FOR THE MANUFACTURE OF PAGE 2 PRICE: Price includes all customs duties and charges and be net, F.O.B. destination Great Meadow Correctional Facility, Division of Industries, including: Price shall include all customs, duties and charges and be net, F.O.B. destination to Great Meadow Correctional Facility, Division of Industries, State Route 22, Soap Shop, Comstock, NY 12821, truck tailgate, palletized on 48 x 40 four-way hardwood GMA reusable type pallets to be exchanged with like type, contractor pickup of corresponding empty drums/totes, and respective Item Code provided herein marked on each drum, drum label or tote delivered. DELIVERY TO: Great Meadow Correctional Facility Division of Industries, Soap Shop State Route 22 Comstock, NY LOT I: (Item No. s 1-4) Raw Chemical Material for the Manufacture of Cleaning Products 1. J-ZYME 20,000 LBS $1.765 LB AB10XFFC Contractor/Manufacturer: J. Tech Sales, LLC 6531 Park of Commerce Blvd, Boca Raton, FL Guaranteed Delivery: 3-10 Days, A/R/O Contractor will deliver less than the minimum order at no additional cost Minimum Order: Four (4) Drums 2. D-LIMONENE 21, NO AWARD 3. SPECTRUM LC 46,000 LBS $2.36 LB SPECTRUM BC Contractor: J. Tech Sales, LLC 6531 Park of Commerce Blvd., Boca Raton, FL Manufacturer: Spectrum Surfactants 2001 Willow Springs Lane, Burlington, NC Guaranteed Delivery: 7-21 Calendar Days, A/R/O Contractor will deliver less than the minimum order at no additional cost Minimum order: Four (4) Drums 4. LIQUID LAUNDRY DETERGENT FRAGRANCE 4,000 LBS $7.14 LB TIDE TYPE FRAGARANCE # Contractor: J. Tech Sales, LLC 6531 Park of Commerce Blvd., Boca Raton, FL Manufacturer: Alpha Aromatics 294 Alpha Drive, Pittsburgh, PA Guaranteed Delivery: 5-28 Calendar Days, A/R/O Contractor will deliver less than the minimum order at no additional cost Minimum Order: Two (2) Drums

3 GROUP RAW CHEMICAL MATERIAL FOR THE MANUFACTURE OF PAGE 3 MINIMUM ORDER: Minimum order shall be as specified within each contract item. Contractor will honor orders for less than the minimum order, at no additional cost. DELIVERY: Guaranteed delivery shall be as specified within each contract item and shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be made in accordance with instructions on Purchase Order from each agency. If there is a discrepancy between the purchase order and what is listed on the contract, it is the contractor s obligation to seek clarification from the ordering agency and, if applicable, from the Department of Corrections and Community Services, Division of Industries. RESTRICTED DELIVERY: Delivery shall be made in accordance with instructions on purchase order. Delivery time shall be from 8:00-11:00 am and 12:00-2:00pm, Monday through Friday, except holidays. Truck must be unloaded and leaving by 2:30 pm. Material shall be shipped in tractor trailers not exceeding 12 8 in height. PRICE ADJUSTMENT: The prices set forth in this contract shall be adjusted every three (3) months following the first three (3) months of the contract in accordance with the provisions of this clause. There shall be no price adjustment during the first three (3) months of the contract. The prices shall be adjusted on the basis of the Producer Price Index (PPI), Series ID: WPU06, Chemicals and Allied Products, as published by the U.S. Department of Labor, Bureau of Labor Statistics. It is available for viewing at For all items listed in this Invitation for Bids, a price adjustment (either upward or downward) will be enacted as follows: A base index shall be established for the first three (3) months of the contract by averaging the prior twelve (12) months, which is 3 months prior to the beginning month of the contract. An adjusted index shall be established by averaging the 12 months ending, 3 months prior to the beginning month of the adjustment period. NOTE: The adjusted index will then become the base index for the next price adjustment period. Each succeeding three-month period will follow this format. The average adjusted index is then compared with the base index, and the resulting percentage of increase or decrease shall be applied to the contract prices. The Division of Industries will notify the facility and contractors by way of a Purchasing Memorandum of these price changes. Payment price will be for the period in which the order is received. REQUEST FOR CHANGE: Any request by the agency or contractor regarding changes in any part of the contract must be made in writing prior to effectuation. Such requests are subject to approval of the State Comptroller. APPENDIX A: The contractor agrees to comply with Appendix A, New York State Standard Contract clauses. INTEREST: Interest on late payment is governed by State Finance Law, Section 179-M. ESTIMATED QUANTITIES: The quantities or dollar values listed are estimated only. Unless otherwise stated the estimated quantities are annual usage. See "Estimated/Specific Contracts" in Appendix B, General Specifications.

4 GROUP RAW CHEMICAL MATERIAL FOR THE MANUFACTURE OF PAGE 4 CONTRACT PAYMENTS: Payments cannot be processed until the contract items have been delivered in satisfactory condition. Contractor shall provide complete and accurate billing invoices to the specified Agency in order to receive payment. Billing invoices submitted to the specified Agency must contain all information and supporting documentation required by the Contract, the Agency and the State Comptroller. Payment for invoices submitted by the Contractor shall only be rendered electronically unless payment by paper check is expressly authorized by the Commissioner, in the Commissioner s sole discretion, due to the extenuating circumstances. Such electronic payment shall be made in accordance with ordinary State procedures and practices. The contractor shall comply with the State Comptroller s procedures to authorize electric payments. Authorization forms are available at the State Comptroller s website at by at epunit@osc.state.ny.us, or by telephone at (518) Contractor acknowledges that it will not receive payment on any invoices submitted under this Contract if it does not comply with the State Comptroller s electronic payment procedures, except where the Commissioner has expressly authorized payment by paper check as set forth above. Properly completed vouchers are required to be forwarded to the Office of the State Comptroller for audit and payment. Agencies are urged to process vouchers expeditiously. BILLING: Unless otherwise directed, invoices should be submitted by to AccountsPayable@ogs.ny.gov attention: Accounts Payable. Payment will be based on an invoice used in the supplier s normal course of business. Invoices must contain the PA- Contract No., description of materials, quantity, unit and price per unit as well as the Federal Identification Number and New York State Vendor ID. If unable to invoices, mail them to the Business Services Center address at: Dept. of Corrections and Community Supervision Business Unit: COR01 Unit ID: c/o OGS BSC Accounts Payable Building 5, 5th floor 1220 Washington Ave Albany, NY VENDOR RESPONSIBILITY DISCLOSURE: Any finding of non-responsibility may be sufficient cause for Termination of the contract. It is the sole responsibility of the resultant contractor, at any time throughout the contract period, to promptly notify the 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. 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.

5 GROUP RAW CHEMICAL MATERIAL FOR THE MANUFACTURE OF PAGE 5 VENDOR RESPONSIBILITY: 1. General Responsibility The Contractor shall at all times during the Contract term remain Responsible. The Contractor agrees, if requested by the Department of Corrections and Community Supervision, Division of Industries (CORCRAFT) or his or her designee, to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity. 2. Suspension of Work (for Non-Responsibility) The Department of Corrections and Community Supervision, Division of Industries (CORCRAFT) or his or her designee, in his or her sole discretion, reserves the right to suspend any or all activities under this Contract, at any time, when he or she discovers information that calls into question the responsibility of the Contractor. In the event of such suspension, the Contractor will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Contractor must comply with the terms of the suspension order. Contract activity may resume at such time as the Department of Corrections and Community Supervision, Division of Industries (CORCRAFT) or his or her designee issues a written notice authorizing a resumption of performance under the Contract. 3. Termination (for Non-Responsibility) Upon written notice to the Contractor, and a reasonable opportunity to be heard with appropriate Division of Industries (CORCRAFT) officials or staff, the Contract may be terminated by Department of Corrections and Community Supervision, Division of Industries (CORCRAFT) or his or her designee at the Contractor's expense where the Contractor is determined by the Department of Corrections and Community Supervision, Division of Industries (CORCRAFT) or his or her designee to be non-responsible. In such event, the Department of Corrections and Community Supervision, Division of Industries (CORCRAFT) or his or her designee may complete the contractual requirements in any manner he or she may deem advisable and pursue available legal or equitable remedies for breach. RESERVATION: The State reserves the right to negotiate lower pricing, or to advertise for bids, any unanticipated excessive purchase. An "unanticipated excessive purchase" is defined as an unexpected order for a contract product(s) totaling more than $50, CONTRACTOR'S NOTES: 1. Contractor shall furnish the agency with written acknowledgement of the shipping date at least two weeks prior to shipment. Failure to comply may be cause for the initiation of contract default proceedings. 2. If shipment will not be made within the guaranteed delivery time, the contractor is required to notify the agency in writing at least two weeks prior to the latest date of the original delivery obligation. This notification must include the reasons for the delay and the latest date the material will be shipped. Should the delay be not acceptable to the using agency, appropriate contract default proceedings will be initiated. Failure to supply timely written notification of delay may be cause for default proceedings. All correspondence for the aforementioned two points shall be directed to: Department of Corrections NYSDOCCS and Community Supervision Great Meadow Correctional Facility Division of Industries Division of Industries, Soap Shop 550 Broadway and State Route 22 Albany, NY Comstock, NY Attn: Susan Dinan Attn: Kenneth McKeighan, Contract Management Specialist I Industrial Superintendent

6 GROUP RAW CHEMICAL MATERIAL FOR THE MANUFACTURE OF PAGE 6 CONTRACT PERIOD AND RENEWALS: If mutually agreed between the Division of Industries and the contractor, the contract may be renewed under the same terms and conditions for additional period(s) not to exceed a total contract term of five (5) years. CANCELLATION FOR CONVENIENCE: The State of New York retains the right to cancel this contract, in whole or in part without reason provided that the Contractor is given at least sixty (60) days notice of its intent to cancel. This provision should not be understood as waiving the State's right to terminate the contract for cause or stop work immediately for unsatisfactory work, but is supplementary to that provision. Any such cancellation shall have no effect on existing Agency agreements, which are subject to the same 60 day discretionary cancellation or cancellation for cause by the respective user Agencies. WARRANTIES: See "Warranties" in Appendix B, General Specifications. EMERGENCY PURCHASING: In the event that a disaster emergency is declared by Executive Order under Section 28 of Article 2-B of the Executive Law, or that the Commissioner determines pursuant to his/her authority under Section 163(10)(b) of the State Finance Law that an emergency exists requiring the prompt and immediate delivery of products or services, the Commissioner reserves the right to obtain such products or services from any source, including but not limited to this contract, as the Commissioner in his/her sole discretion determines will meet the needs of such emergency. Contractor shall not be entitled to any claim or lost profits for products or services procured from other sources pursuant to this paragraph.

7 GROUP RAW CHEMICAL MATERIAL FOR THE MANUFACTURE OF PAGE 7 REPACKING/INDEMNIFICATION AGREEMENT: CORCRAFT shall be responsible to the Contractor for any liability, damage or injury, including death arising out of the negligent acts or omissions with respect to the repackaging, labeling, distributing or selling of the Product by Corcraft, its officers and employees, acting within the scope of their authority. Corcraft s obligations with respect to the foregoing are limited by the availability of lawful appropriations as required by Section 41 of the New York State Finance Law and a determination of liability pursuant to the provisions of the New York State Court of Claims Act. Notwithstanding the foregoing, the Contractor shall remain liable for any liability, damage or injury, including death, resulting from its negligence and/or the negligence of its officers, agents and employees. CORCRAFT will be granted the non-exclusive right to repackage, label, distribute and sell the Product is accordance with the terms and conditions set forth in the contract in agreement with the Contractor. CORCRAFT agrees to use only Product purchased exclusively from the Contractor. CORCRAFT shall repackage the Product for only those specific Products and container sizes set forth in the contract. CORCRAFT shall not adulterate or otherwise alter, amend or change in any manner whatsoever the chemical composition and/or the physical characteristics of the Product and shall ensure that the chemical composition of the Product at the time of its further distribution or sale conforms in all respects to the registration of the Product accepted and approved by EPA. CORCRAFT represents, warrants and agrees that the repackaging, labeling, sale and distribution of the Product shall be conducted in accordance with the terms of this Agreement and shall comply with all applicable federal, state and local laws, ordinances and regulations. CORCRAFT shall be responsible for any label or regulatory changes required or approved by EPA (or other government authority with jurisdiction over such matters), and for ensuring that such changes are implemented and complied with. CORCRAFT shall follow all directions received from the Contractor regarding label changes, use and amendments. CORCRAFT acknowledge and agree that if EPA suspends, cancels or terminates, or approves the suspension, cancellation or termination of the Registration, or prohibits the repackaging, distribution or sale of any of the Product, CORCRAFT shall cease repackaging, distribution and sale of the Product, except as otherwise permitted by EPA regulations. CORCRAFT is ready, willing and able to provide such services and possesses or can make available all necessary qualified personnel, licenses, facilities and expertise to perform or have performed the services required pursuant to the terms of this AGREEMENT.