PURCHASING MEMORANDUM

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1 NEW YORK STATE OFFICE OF GENERAL SERVICES PROCUREMENT SERVICES GROUP PURCHASING MEMORANDUM NUMBER: Award G DATE: January 22, 2002 PLEASE ADDRESS INQUIRIES TO: SUBJECT: Group STATE AGENCIES & CONTRACTORS LAWN, YARD & GARDEN Beverly L. Moore TRACTORS W/ASSOCIATED Purchasing Officer I ATTACHMENTS/ACCESSORIES 518/ PR #00427-T beverly.moore@ogs.state.ny.us BID OPENING: October 10, 2000 NON-STATE AGENCIES Judy Gibbons CONTRACT PERIOD: February 15, / February 14, 2002 customer.services@ogs.state.ny.us CONTRACTOR: CONTRACT NO.: John Deere Company PC57321 TO ALL STATE AGENCIES AND POLITICAL SUBDIVISIONS: Please note the following contact person and address changes for John Deere Company of the above contract. Ms. Sharon Powell PowellSharon@JohnDeere.com All other terms and conditions of this award remain the same. Please attach to the term contract tp2.doc/11blm Mayor Erastus Corning 2nd Tower The Governor Nelson A. Rockefeller Empire State Plaza Albany, NY 12242

2 NEW YORK STATE OFFICE OF GENERAL SERVICES PROCUREMENT SERVICES GROUP PURCHASING BULLETIN RECALL NOTICE DATE: November 27, 2001 PLEASE ADDRESS INQUIRIES TO: SUBJECT: Group STATE AGENCIES & CONTRACTORS LAWN, YARD & GARDEN Beverly L. Moore TRACTORS W/ASSOCIATED Purchasing Officer I ATTACHMENTS/ACCESSORIES 518/ PR #00427-T beverly.moore@ogs.state.ny.us Contract No. PC57320 NON-STATE AGENCIES Judy Gibbons 518/ customer.services@ogs.state.ny.us RECALL NOTICE HUSQVARNA FOREST & GARDEN Husqvarna YTH1542 & YTH1746 Husqvarna is voluntarily recalling the YTH1542 & YTH1746 lawn tractors with 2-gallon fuel tanks. The 2-gallon fuel tanks on the recalled lawn tractors have experienced quality problems where the fuel tank material has cracked at the fuel outlet and some tanks have begun to weep or leak gas. Should this condition occur, it could present a risk for fire. Contact the Husqvarna Service Repair Center at with the Manufacturer's ID number and Serial Number. Recall 00427/blm Mayor Erastus Corning 2nd Tower The Governor Nelson A. Rockefeller Empire State Plaza Albany, NY 12242

3 NEW YORK STATE OFFICE OF GENERAL SERVICES PROCUREMENT SERVICES GROUP PURCHASING MEMORANDUM NUMBER: Award G DATE: October 5, 2001 PLEASE ADDRESS INQUIRIES TO: SUBJECT: Group STATE AGENCIES & CONTRACTORS LAWN, YARD & GARDEN Beverly L. Moore TRACTORS W/ASSOCIATED Purchasing Officer I ATTACHMENTS/ACCESSORIES 518/ PR #00427-T beverly.moore@ogs.state.ny.us BID OPENING: October 10, 2000 NON-STATE AGENCIES Judy Gibbons CONTRACT PERIOD: February 15, / February 14, 2002 customer.services@ogs.state.ny.us CONTRACTOR: CONTRACT NO.: John Deere Company PC57321 TO ALL STATE AGENCIES AND POLITICAL SUBDIVISIONS: Please note the following address and phone/fax number changes for John Deere Company of the above contract. JOHN DEERE COMPANY 2000 John Deere Run Cary, NC Phone No. 800/ / Mr. Chad Armstrong Fax No. 919/ All other terms and conditions of this award remain the same. Please attach to the term contract tp.doc/11blm

4 State of New York Executive Department Office Of General Services Procurement Services Group Corning Tower Building - 38th Floor Empire State Plaza Albany, New York CONTRACT AWARD NOTIFICATION Title : Group LAWN, YARD & GARDEN TRACTORS w/associated ATTACHMENTS/ACCESSORIES (Statewide) Award Number : G (Replaces 4291-G) Contract Period : February 15, 2001 to February 14, 2002 Bid Opening Date : October 10, 2000 Date of Issue : November 30, 2000 Specification Reference : As Incorporated in the IFB Address Inquiries To: Name : Title : Phone : Fax : All State Agencies Beverly L. Moore Purchasing Officer I beverly.moore@ogs.state.ny.us Non-State Agencies Name : Judy Gibbons Title : Purchase Coordinator Phone : Fax : customer.services@ogs.state.ny.us Description This contract is a multiple award for a single discount from list on the complete line of lawn, yard, garden and compact utility tractors (up to 22 hp) including associated attachments/ accessories. PR #00427-T

5 GROUP LAWN, YARD & GARDEN TRACTORS w/ AWARD PAGE 2 CONTRACT # CONTRACTOR & ADDRESS TELEPHONE # FED.IDENT.# PC57319 GRASSLAND EQUIPMENT & , ext SB IRRIGATION CORP , ext Troy-Schenectady Road Mr. Michael Parry Latham, NY Fax: mparry@aol.com Web: PC57320 HUSQVARNA FOREST & GARDEN , ext Statesville Road Mr. Richard W. Brown or Charlotte, NC Ms. Pam Lovitt (ext. 7053) Fax: rbrown@husqvarna.com Web: PC57321 JOHN DEERE COMPANY Bland Road Raleigh, NC Mr. Chad Armstrong Fax: upo1511@deere.com Web: Cash Discount, If Shown, Should be Given Special Attention. INVOICES MUST BE SENT DIRECTLY TO THE ORDERING AGENCY FOR PAYMENT. AGENCIES SHOULD NOTIFY THE PROCUREMENT SERVICES GROUP PROMPTLY IF THE CONTRACTOR FAILS TO MEET THE DELIVERY TERMS OF THIS CONTRACT. PRODUCT WHICH DOES NOT COMPLY WITH THE SPECIFICATIONS OR IS OTHERWISE UNSATISFACTORY TO THE AGENCY SHOULD ALSO BE REPORTED TO THE PROCUREMENT SERVICES GROUP. NOTE TO AGENCY: The letters SB listed under the Contract Number indicate the contractor is a small business. Additionally, the letters MBE and WBE indicate the contractor is a Minority-owned Business Enterprise and/or Womanowned Business Enterprise, respectively. NOTE TO ALL CONTRACT USERS: The terms and conditions of the solicitation which apply to the award appear at the end of this document. We strongly advise all contract users to familiarize themselves with all terms and conditions before issuing a purchase order. PRICE: Price includes all customs duties and charges and is net, F.O.B. destination any point in New York State including delivery inside storeroom door, operational instruction of agency personnel (comprehensive manual acceptable). Price shall also include uncrating, assembly, and complete dealer preparation of unit which shall be delivered ready to use. Acceptance of NYS Procurement Card Grassland Equipment & Irrigation Corp. Husqvarna Forest and Garden No additional discount offered. No additional discount offered.

6 GROUP LAWN, YARD & GARDEN TRACTORS w/ AWARD PAGE 3 This is a multiple award for the two (2) listed manufacturer's complete line of lawn, yard, garden and compact utility tractors (with rotary mowers) up to 22 hp and associated attachments/accessories. Listed is a single discount for tractors and associated attachments/accessories for each contractor. CONTRACTOR DISCOUNT Grassland Equipment & Irrigation Corp. 32% Product Line: Toro Manufacturer's Price List & Number: Toro Dealer Policy Manual Effective Date: August 1, 2000 Delivery: 30 Days A/R/O Contract Models available plus associated accessories/attachments: CONTRACTOR DISCOUNT Husqvarna Lawn and Garden 30% Product Line: Husqvarna Manufacturer's Price List & Number: Husqvarna 1999 Lawn & Garden #00LG Effective Date: January 1, 2001 Accessories/Attachments Husqvarna - Accessories Catalog Dated 10/1/00 - Pages 15-16C only Delivery: 20 Days A/R/O Contract Models available plus associated accessories/attachments: LT1238 LTH1342 YTH1542 YTH1542XP YTH1746 YTH1848XP YTH2046 GTH2250

7 GROUP LAWN, YARD & GARDEN TRACTORS w/ AWARD PAGE 4 This is a multiple award for the two (2) listed manufacturer's complete line of lawn, yard, garden and compact utility tractors (with rotary mowers) up to 22 hp and associated attachments/accessories. Listed is a single discount for tractors and associated attachments/accessories for each contractor. CONTRACTOR DISCOUNT John Deere Co. 27% Product Line: John Deere Manufacturer's Price List & Number: John Deere DSO224 Effective Date: August 1, 2000 Delivery: 30 Days A/R/O Contract Models available plus associated accessories/attachments: LX Sabre by JD 1948 LX Sabre by JD 2148HV LX LX GT GT235

8 GROUP LAWN, YARD & GARDEN TRACTORS w/ AWARD PAGE 5 REQUEST FOR CHANGE: Any request by the agency or contractor regarding changes in any part of the contract must be made in writing to the Office of General Services, Procurement Services Group, prior to effectuation. CONTRACT PAYMENTS: Payments cannot be processed by State facilities until the contract products have been delivered in satisfactory condition. Payment will be based on any invoice used in the supplier's normal course of business. However, such invoice must contain sufficient data including but not limited to Contract No., description of product, quantity, unit and price per unit as well as Federal Identification Number. State facilities are required to forward properly completed vouchers to the Office of the State Comptroller for audit and payment. All facilities are urged to process every completed voucher expeditiously giving particular attention to those involving cash discounts. If the contract terms indicate political subdivisions and others authorized by law are allowed to participate, they are required to make payments directly to the contractor. Prior to processing such payment the contractor may be required to complete the ordering non-state agency's own voucher form. NOTE TO CONTRACTOR: In the event a specified manufacturer's product listed in the Contract Award Notification becomes unavailable or cannot be supplied to the State by the contractor for any reason (except as provided for in the Savings/Force Majeure clause in Appendix B, OGS General Specifications) a product deemed by the Office of General Services to be equal to or better than the specified product must be substituted by the contractor at no additional cost or expense to the State. NON-STATE AGENCIES PARTICIPATION IN CENTRALIZED CONTRACTS: New York State political subdivisions and others authorized by New York State law may participate in contracts. These include, but are not limited to local governments, public authorities, public school and fire districts, public and nonprofit libraries, and certain other nonpublic/nonprofit organizations. See "Participation in Centralized Contracts" in Appendix B, OGS General Specifications. For purchase orders issued by the Port Authority of New York and New Jersey (or any other authorized entity that may have delivery locations adjacent to New York State), the terms of the "Price" clause shall be modified to include delivery to locations adjacent to New York State. Upon request, all eligible non-state agencies must furnish contractors with the proper tax exemption certificates and documentation certifying eligibility to use State contracts. A list of categories of eligible entities is available on the OGS web site ( under "Non-State Agency Legal References." Questions regarding an organization's eligibility to purchase from New York State Contracts may also be directed to OGS Procurement Services Group's Customer Services at EXTENSION OF USE: Any contract resulting from this bid solicitation may be extended to additional States or governmental jurisdictions upon mutual written agreement between New York State (the lead contracting State) and the contractor. Political subdivisions and other authorized entities within each participating State or governmental jurisdiction may also participate in any resultant contract if such State normally allows participation by such entities. New York State reserves the right to negotiate additional discounts based on any increased volume generated by such extensions. DELIVERY: Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Product is required as soon as possible. Delivery shall be made in accordance with instructions on Purchase Order from each agency. If there is a discrepancy between the purchase order and what is listed on the contract, it is the contractor s obligation to seek clarification from the ordering agency and, if applicable, from the Office of General Services, Procurement Services Group.

9 GROUP LAWN, YARD & GARDEN TRACTORS w/ AWARD PAGE 6 ESTIMATED QUANTITIES: See "Estimated/Specific Quantity Contracts" and "Participation in Centralized Contracts" in Appendix B, OGS General Specifications. CONTRACT PERIOD AND RENEWAL: Prices or discounts are firm for the entire period of the contract. Price escalation or discount reduction will not be allowed. If mutually agreed between the Procurement Services Group and the contractor, the contract may be renewed under the same terms and conditions for an additional period not to exceed twelve months. WARRANTIES: See "Warranties" and "Year 2000 Warranty" in Appendix B, OGS General Specifications. At time of bid opening, product offered must meet all requirements of this solicitation including full commercial/retail availability. Product literature and specifications must also be available. Where accessories are to be supplied, they must be compatible with the rest of the product. PRICE SHEETS AND CATALOGS: Contractor shall be required to furnish, without charge, catalog and price lists identical to those accepted with their bid, including any changes (additions, deletions, etc.) pursuant to the contract, to authorized users which request them. Catalogs and price lists provided must reflect all products excluded from the resultant contract either through the omission of those portions or by obvious indications within the catalogs and price lists. Upon request the contractor shall assist authorized users in the use of catalogs and price lists. INSTRUCTION MANUALS: Simultaneous with delivery of the first component of the product specified, the contractor(s) shall furnish to the authorized user a complete instruction manual for the product and for each component supplied. REPORT OF CONTRACT PURCHASES: Contractor shall furnish report of purchases made from contract the first of the month following the end of each three month period. The reports shall be in the following format: Item/ SubItem Number Product Description (Size, Stock No., etc.) Total Quantity Shipped (To be in Units listed in the Invitation for Bids) Total $ Value The report is to be submitted to the Office of General Services, Procurement Services Group, Tower Bldg., Empire State Plaza, Albany, NY 12242, to the attention of the individual shown on the front page of the Contract Award Notification and shall reference the commodity group number, the Invitation for Bids number, contract number, sales period, and contractor's name. Failure to submit the required report may be cause for disqualification of contractor for future contracts.

10 GROUP LAWN, YARD & GARDEN TRACTORS w/ AWARD PAGE 7 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 commodities or services, the Commissioner reserves the right to obtain such commodities 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 commodities or services procured from other sources pursuant to this paragraph. NEW YORK STATE PROCUREMENT CARD: See "Procurement Card" in Appendix B, OGS General Specifications. All bidders shall indicate whether or not they will accept the NYS Purchasing Card for orders up to $2,500 (see Questions at end of bid document). Vendors wishing to set up a corporate account with AMEX should call AMEX at "OGS OR LESS" GUIDELINES APPLY TO THIS CONTRACT: Purchases of the product(s) included in the Invitation For Bids and related Contract Award Notification are subject to the "OGS or Less" provisions of Section a.v., Article XI, of the New York State Finance Law. This means that State agencies can purchase product(s) from sources other than the contractor provided that such product(s) are substantially similar in function, form or utility to the product(s) herein and are: 1. lower in price -and/or- 2. available under terms which are more economically efficient to the State agency (e.g. delivery terms, warranty terms, etc.). Agencies are reminded that they must provide the State contractor an opportunity to match the noncontract savings at least two business days prior to purchase. In addition, purchases made under "OGS or Less" flexibility must meet all requirements of law including, but not limited to, advertising in the New York State Contract Reporter, prior approval of the Comptroller's Office and competitive bidding of requirements exceeding the discretionary bid limit. State agencies should refer to Procurement Council Bulletin "OGS or Less Purchases" for complete procedural and reporting requirements. REGULATIONS: Equipment shall conform to all Federal, State and Local Laws, including OSHA Safety & Noise Level Standards. EPA Emissions Regulations in effect at the time of delivery. AVAILABILITY OF SERVICE & REPAIR PARTS: An adequate supply of repair parts must be carried in stock within the State of New York. MODELS: Items delivered under this contract shall be new and of current manufacture. GENERAL REQUIREMENTS: TRACTORS: All center mower mount design tractors (up to 22 hp) shall be delivered fully serviced, adjusted and ready to operate. They shall meet current American National Standard Institute s (ANSI) Specification #B along with applicable Federal and State OSHA regulations in effect at the time of delivery, and shall be equipped as follows and as otherwise described herein: ENGINE: Industrial/Commercial (I/C) type (cast iron block or sleeve), 4-cycle, air-cooled or liquid cooled, gasoline fueled, fuel tank, muffler, air cleaner, engine speed governor, throttle control.

11 GROUP LAWN, YARD & GARDEN TRACTORS w/ AWARD PAGE 8 ELECTRICAL: 12 volt system, electric starter, battery, headlights, alternator/generator, dash-mounted keyed ignition switch. COMPONENTS: Tractors shall be equipped with manufacturer s standard automotive type steering, brakes, electrically controlled PTO, standard suspension seat, rear fenders and any additional standard features normally furnished. MANUALS: One complete set of comprehensive operator s and maintenance manuals covering the tractors and optional equipment shall be furnished with each unit. A parts list shall be furnished with each unit. ATTACHMENTS & ACCESSORIES: Attachments and accessories for awarded tractors shall be available at same discount from Manufacturer's Nationally Published Price list as tractors.

12 GROUP LAWN, YARD & GARDEN TRACTORS w/ AWARD PAGE 9 State of New York Office of General Services PROCUREMENT SERVICES GROUP Contract Performance Report Please take a moment to let us know how this contract award has measured up to your expectations. If reporting on more than one contractor or product, please make copies as needed. This office will use the information to improve our contract award, where appropriate. Comments should include those of the product s end user. Contract No.: Contractor. Describe Product* Provided (Include Item No., if available): *Note: Product is defined as a deliverable under any Bid or Contract, which may include commodities (including printing), services and/or technology. The term Product includes Licensed Software. Product meets your needs Product meets contract specifications Pricing Excellent Good Acceptable Unacceptable CONTRACTOR Timeliness of delivery Completeness of order (fill rate) Responsiveness to inquiries Employee courtesy Problem resolution Excellent Good Acceptable Unacceptable Comments: (over) Agency: Address: Prepared by: Title: Date: Phone: Please detach or photocopy this form & return by FAX to 518/ or mail to: OGS PROCUREMENT SERVICES GROUP Customer Services, Room 3711 Corning 2 nd Tower - Empire State Plaza Albany, New York * * * * *

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