CONTRACT AWARD NOTIFICATION

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1 State of New York Executive Department Office Of General Services Procurement Services Group Corning Tower Building - 38th Floor Empire State Plaza Albany, New York CONTRACT AWARD NOTIFICATION Title : Group SAFETY NEEDLES, SYRINGES AND SHARPS Award Number : G Contract Period : August 1, 2001 to July 31, 2003 Bid Opening Date : April 5, 2001 Date of Issue : August 2, 2001 Specification Reference : As Incorporated Herein Address Inquiries To: Name : Title : Phone : Fax : All State Agencies William Englander Purchasing Officer william.englander@ogs.state.ny.us Non-State Agencies Name : Judy Gibbons Title : Purchase Coordinator Phone : Fax : customer.services@ogs.state.ny.us Description Safety Needles, Syringes and Sharps Collectors Safety devices for the prevention of needlestick injury. Product lines include Becton- Dickinson, Tyco Healthcare GroupLP/Kendall, Retractable Technologies, Inc., New Medical Technology, Inc. and Owen-Mumford, Inc. covering Medication Delivery, Intravenous Administration, Vascular Access-Blood Drawing, Puncture/Incision Administration and Sharps Collectors. The UNIVEC line of safety syringes is available under Group 10162, Award PGB , Contract PC In addition, a Small Business Initiative is in place for the North American Medical Products line for Safe-Point Safety Systems, Blood Collection Safety Systems and "Butterfly" Safety Systems. (See CL-354 dated January 14, 2000). PR # 01063

2 GROUP SAFETY NEEDLES, SYRINGES AND SHARPS AWARD PAGE 2 CONTRACT # CONTRACTOR & ADDRESS TELEPHONE # FED.IDENT.# PC58045 CAPITOL MEDICAL INC. Brian K. Usko Jaycee Avenue General Manager Harrisburg, PA (800) Fax: capitolmed@supernet.com PC58046 KRACKELER SCIENTIFIC INC. Robert P. Reith SB P.O. Box 1849 Quote Coordinator Albany, NY , ext Fax: ksi@capitol.net PC58047 NEW MEDICAL TECHNOLOGY, INC. Karen L. Dunlap National Drive Exec. Vice President, Sales Franklin, MA Discount: 2% - 10 days , ext. 124 Fax: kdunlap@newmedicaltechnology.com PC58048 PARA SCIENTIFIC CO. Al Kalata Cedar Lane Quote Editor Fairless Hills, PA Fax: hirreini@aol.com PC58049 RED LINE MEDICAL SUPPLY, INC. Martha Swan th Avenue N Quotation Specialist Golden Valley, MN , ext , ext Fax: Fax: PC58050 TYCO HEALTHCARE GROUP LP/ Patrick McGrath KENDALL Pricing Project Mgr. 15 Hampshire Street Mansfield, MA Fax: Fax: Cash Discount, If Shown, Should be Given Special Attention. INVOICES MUST BE SENT DIRECTLY TO THE ORDERING AGENCY FOR PAYMENT.

3 GROUP SAFETY NEEDLES, SYRINGES AND SHARPS AWARD PAGE 3 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 shall include all customs duties and charges and is net, F.O.B. destination any point in New York State as designated by the ordering agency including tailgate delivery. In addition, upon mutual agreement, delivery locations may be expanded per the "Extension of Use" clause.

4 GROUP SAFETY NEEDLES, SYRINGES AND SHARPS AWARD PAGE 4 TABLE OF CONTENTS Lot I. Medication Delivery Product Line Page A. Becton-Dickinson and Company 5 B. Tyco Healthcare Group LP/Kendall 6 C. Retractable Technology, Inc. 7-8 D. New Medical Technology, Inc. 9 E. UNIVEC - It is anticipated Products will be available under a separate Piggyback Contract. Note: Additional Kendall items are being evaluated and are Award Pending at this time. Lot II. Intravenous Administration A. B. Braun Medical, Inc. - Award Pending - Agencies having requirements for B. Braun Medical, Inc. products may call this office at B. Becton-Dickinson and Company 10 Lot III. Vascular Access - Blood Drawing A. Becton-Dickinson and Company - Award Pending - Agencies having requirements for Becton-Dickinson and Company products in this category may call this office at B. Retractable Technologies, Inc. 11 C. Tyco Healthcare Group LP/Kendall 12 Lot IV. Puncture/Incision Administration A. Owen - Mumford, Inc. 13 Lot V. Sharps Collectors A. Tyco Healthcare Group LP/Kendall-Sage 14 B. Maxxim Medical - Award Pending - Agencies having requirements for 15 Maxxim Medical products may call this office at

5 GROUP SAFETY NEEDLES, SYRINGES AND SHARPS AWARD PAGE 5 LOT I MEDICATION DELIVERY A. Becton-Dickinson and Company Safety Syringes and Needles Description # Box Box/Case Product# Price/Case Safety Lock 1. 1ml Tuberculin 27g x 1/2" $ cc 21g x 1 1/2" $ cc 25g x 5/8" $ cc 25g x 1" $ ml Insulin 29g x 1/2" U-100 Ultra $ Safety Glide 6. 3cc 22g x 1 1/2" $ cc 22g x 1 1/2" $ cc 22g x 1 1/2" $ ml Insulin 28g x 1/2" $ ml Tuberculin 27g x 1/2" $ ml Tuberculin 26g x 5/8" $ ml Tuberculin 25g x 5/8" $ Manufacturer: Becton-Dickinson and Company Guaranteed Delivery: 10 Days A/R/O Person to contact for expediting NY State contract orders: Name: Robert P. Rieth Title: Quote Coordinator Telephone No.: , ext. 129 Toll Free Telephone No.: Fax: ksi@capital.net Person to contact in the event of an emergency occurring after business hours or on weekend/holidays: Normal Business Hours: M-F - 8:00 AM - 4:45 PM Name: Robert J. Krackeler Title: President Telephone No.: Fax: Address: krackeler@aol.com Minimum Order: 1 Case Contractor offers Electronic Access Ordering (EDI) Contractor accepts the New York State Procurement Card for orders up to $2, CONTRACTOR: LOT IA - KRACKELER SCIENTIFIC, INC.

6 GROUP SAFETY NEEDLES, SYRINGES AND SHARPS AWARD PAGE 6 LOT I MEDICATION DELIVERY (cont'd) B. Tyco Healthcare Group LP/Kendall Monoject Safety Syringes Description # Box #Box/Case Product# Price/Case 1. 1cc Insulin 29g x 1/2" Dark Orange $ cc Tuberculin 25g x 5/8" Red " " $ cc Tuberculin 28g x 1/2" Brown " " $ cc 21g x 1" Lavender " " $ cc 20g x 1 1/2" Pink 50 6 " " $ Manufacturer: The Kendall Company Guaranteed Delivery: 5 Days A/R/O Persons to contact for expediting NY State contract orders: Name: Kendall Company Customer Service Department Toll Free Telephone No.: Toll Free Fax No.: Person to contact in the event of an emergency occurring after business hours or on weekend/holidays: Normal Business Hours: M-F - 7:00 AM - 5:30 PM Name: Marti Heckman Title: Regional Manager Toll Free Telephone No.: , ext Pager No.: Address: heckmenm@kendallhq.com Minimum Order: 1 Case Contractor offers Electronic Access Ordering (EDI) CONTRACTOR: LOT IB - TYCO HEALTHCARE GROUP LP/KENDALL

7 GROUP SAFETY NEEDLES, SYRINGES AND SHARPS AWARD PAGE 7 LOT I MEDICATION DELIVERY (cont'd) C. Retractable Technologies, Inc. VanishPoint Automated Retraction Product Description # Box #Box/Case Product# Price/Case 1cc Syringe 1. 1cc 29g x 1/2" Insulin $ cc 27g x 1/2" $ Tuberculin 3. 1cc 25g x 5/8" Tuberculin $ cc Syringe 4. 3cc 25g x 5/8" $ cc 25g x 1" $ cc 23g x 1" $ cc 22g x 1" $ cc 22g x 1 1/2" $ cc 21g x 1" $ cc 21g x 1 1/2" $ cc 20g x 1" $ cc 20g x 1 1/2" $ cc Syringe 13. 5cc 22g x 1 1/2" $ cc 21g x 1" $ cc 21g x 1 1/2" $ cc 20g x 1" $ cc 20g x 1 1/2" $ cc Syringe cc 21g x 1" $ cc 21g x 1 1/2" $540.00

8 GROUP SAFETY NEEDLES, SYRINGES AND SHARPS AWARD PAGE 8 LOT I MEDICATION DELIVERY C. Retractable Technologies, Inc. (cont'd) Manufacturer: Retractable Technologies, Inc. Guaranteed Delivery: 3 Days A/R/O Person to contact for expediting NewYork State contract orders: Name: Brian K. Usko Title: Sales Manager Telephone No.: Toll Free Telephone No.: Fax No.: address: capitolmed@supernet.com Person to contact in the event of an emergency occurring after business hours or on weekend/holidays: Normal Business Hours: M-F 8:00 AM-5:00 PM Name: Steve Gill Title: Operations Manager Telephone No.: Fax No.: address: capitolmed@supernet.com Minimum Order: 1 Case Contractor accepts the New York State Procurement Card for orders up to $2, CONTRACTOR: LOT IC - CAPITOL MEDICAL, INC.

9 GROUP SAFETY NEEDLES, SYRINGES AND SHARPS AWARD PAGE 9 LOT I MEDICATION DELIVERY (cont'd) D. New Medical Technology, Inc. NMT Safety Syringe Description # Box #Case Product# Price/Case 1. 1cc/ml 25G x 5/8" Orange $ cc/ml 26G x 1/2" Brown $ cc/ml 27G x 1/2" Gray $ cc/ml 28G x 1/2" Blue Green $ cc/ml U G x 1/2" Insulin $ cc/ml U G x 1/2" Insulin $ cc/ml 21G x 1 1/2" Green $ cc/ml 22G x 1" Black $ cc/ml 22G x 1 1/2" Black $ cc/ml 23G x 1" Blue $ cc/ml 25G x 5/8" Orange $ cc/ml 25G x 1" Orange $ cc/ml 27G x 5/8" Gray $ Manufacturer: New Medical Technology, Inc. Guaranteed Delivery: 10 Days A/R/O Person to contact for expediting New York State contract orders: Name: Karen L. Dunlap Title: Executive Vice President Sales Telephone No: Toll Free Telephone No.: Fax No.: address: kdunlap@newmedicaltechnology.com Contractor accepts the New York State Procurement Card for orders up to $2, Minimum Order: 1 Case Contractor will honor orders for less than the minimum order with shipping costs added in accordance with the "Minimum Order" clause. CONTRACTOR: LOT ID - NEW MEDICAL TECHNOLOGY, INC.

10 GROUP SAFETY NEEDLES, SYRINGES AND SHARPS AWARD PAGE 10 LOT II INTRAVENOUS ADMINISTRATION A. B. Braun Medical, Inc. Introcan Safety I.V. Catheters Award Pending B. Becton-Dickinson and Company Saf-T EZ Winged Sets Description # Box #Box/Case Product# Price/Case 1. 21g x 0.75" Saf-T-EZ w/12" tubing $ g x 0.75" Saf-T-EZ w/12" tubing $ g x 0.75" Saf-T-EZ Set w/3" tubing $ g x 0.75" Saf-T-EZ Set w/3" tubing $ Manufacturer: Becton-Dickinson and Company Guaranteed Delivery: 15 Days A/R/O Person to contact for expediting New York State contract orders: Name: Martha Swan Title: Quotation Specialist Toll Free Telephone No.: Toll Free Fax No.: government.sales@redline.mckhbac.com Minimum Order: 1 Case Contractor will honor orders for less than minimum order and ship at no additional cost. Contractor offers Electronic Access Ordering (EDI) Contractor accepts the New York State Procurement Card for orders up to $2, CONTRACTOR: LOT IIB - REDLINE MEDICAL SUPPLY CO.

11 GROUP SAFETY NEEDLES, SYRINGES AND SHARPS AWARD PAGE 11 LOT III VASCULAR ACCESS - BLOOD DRAWING A. Becton-Dickinson and Company Eclipse Blood Collection Award Pending B. Retractable Technologies, Inc. VanishPoint Blood Collection Tube System Description # Box #Box/Case Product# Price/Box 1. Tube Holder 250 Packed in Boxes only $75.00 Manufacturer: Retractable Technologies, Inc. Guaranteed Delivery: 3 Days A/R/O Person to contact for expediting New York State contract orders: Name: Brian K. Usko Title: Sales Manager Telephone No.: Toll Free Telephone No.: Fax No.: address: capitolmed@supernet.com Person to contact in the event of an emergency occurring after business hours or on weekend/holidays: Normal business hours: M-F 8:00 AM - 5:00 PM Name: Steve Gill Title: Operations Manager Telephone No.: Fax No.: address: capitolmed@supernet.com Minimum Order: 1 Box Contractor accepts the New York State Procurement Card for orders up to $2, CONTRACTOR: LOT IIIB - CAPITOL MEDICAL, INC.

12 GROUP SAFETY NEEDLES, SYRINGES AND SHARPS AWARD PAGE 12 LOT III VASCULAR ACCESS - BLOOD DRAWING (cont'd) C. Tyco Healthcare Group LP/Kendall Monoject Angel Wing w/luer Adapter Description # Box #Box/Case Product# Price/Case 1. 23g x 3/4" w/12" Tubing - Blue $ g x 3/4" w/12" Tubing - Green $35.00 Manufacturer: The Kendall Company Guaranteed Delivery: 7 Days A/R/O Persons to contact for expediting New York State contract orders: Name: Kendall Company Customer Service Department Toll Free Telephone No.: Toll Free Fax No.: Person to contact in the event of an emergency occurring after business hours: Normal business hours: M-F 7:00 AM - 5:30 PM Name: Marti Heckman Title: Regional Manager Toll Free Telephone No.: , ext Pager No.: address: heckmanm@kendallhq.com Minimum Order: 1 Case (box) Contractor accepts Electronic Access Ordering (EDI) CONTRACTOR: LOT IIIC - TYCO HEALTHCARE GROUP LP/KENDALL

13 GROUP SAFETY NEEDLES, SYRINGES AND SHARPS AWARD PAGE 13 LOT IV PUNCTURE/INCISION ADMINISTRATION A. Owen Mumford, Inc. Unistik 2 Safety Lancet Single Use Capillary Blood Sampling Device Description # Box #Box/Case Product# Price/Case 1. Normal Depth 2.4 mm AT0702 $ Extra Depth 3.0 mm AT0712 $ Manufacturer: Owen-Mumford, Inc. Guaranteed Delivery: 15 Days A/R/O Person to contact for expediting New York State contract orders: Al Kalata Title: Quote Editor Telephone No.: Toll Free Telephone No.: Fax No.: address: hirreinl@aol.com Person to contact in the event of an emergency occurring after business hours or on weekend/holidays: Normal business hours: M-F 7:00 AM - 6:00 PM/Saturday: 9:00 AM - 3:00 PM Name: Hiram Reinhart Title: President Telephone No.: address: hirreinl@aol.com Minimum Order: 1 Case Contractor offers Electronic Access Ordering (EDI) Contractor accepts the New York State Procurement Card for orders up to $2, CONTRACTOR: LOT IV A - PARA SCIENTIFIC CO.

14 GROUP SAFETY NEEDLES, SYRINGES AND SHARPS AWARD PAGE 14 LOT V SHARPS COLLECTORS A. Sage (Tyco Healthcare Group LP/Kendall) Description # Box #Box/Case Product# Price/Case 1. SHARPSTAR 5 quart - transparent red lid SA $ IN-ROOM 5 quart - w/clear mailbox style lid $ SHARPSTAR 12 quart - counterbalance clear lid SA $ SHARPSTAR 12 quart - counterbalanced lid - transparent red SA $ Phlebotomy container - 1 quart red SA $ Large Volume 18 gallon - red w/sliding lid $ Multi-Purpose 8 quart - horizontal drop transparent red $ Manufacturer: Sage (Tyco Healthcare Group LP/Kendall) Guaranteed Delivery: 10 Days A/R/O Person to contact for expediting New York State contract orders: Name: Robert P. Rieth Title: Quote Coordinator Telephone No.: , ext. 129 Toll Free Telephone No.: Fax No.: address: ksi@capital.net Person to contact in the event of an emergency occurring after business hours or on weekend/holidays: Normal business hours: M-F 8:00 AM - 4:45 PM Name: Robert J. Krackeler Title: President Telephone No.: Fax No.: address: krackeler@aol.com Minimum Order: 1 Case Contractor offers Electronic Access Ordering (EDI) Contractor accepts the New York State Procurement Card for orders up to $2, CONTRACTOR: LOT VA - KRACKELER SCIENTIFIC, INC.

15 GROUP SAFETY NEEDLES, SYRINGES AND SHARPS AWARD PAGE 15 LOT V SHARPS COLLECTORS (cont'd) B. Maxxim Medical Maxxim/Winfield Sharps-Tainers Award Pending

16 GROUP SAFETY NEEDLES, SYRINGES AND SHARPS AWARD PAGE 16 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: This Contract Award Notification is not an order. Do not take any action under this contract except on the basis of a purchase order from the agency. NOTE TO AGENCIES: Orders under this contract are to be submitted directly to the contractors. 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.

17 GROUP SAFETY NEEDLES, SYRINGES AND SHARPS AWARD PAGE 17 MINIMUM ORDER: Minimum order shall be 1 case, with the exception of Lot III B. The minimum order for Lot III B shall be one (1) box. Contractor may elect to honor orders for less than the minimum order. For such orders, at the contractor s option, shipping costs from the contractor s address (as stated in bid) may be added to invoice with a copy of the freight bill. Shipping costs are to be prepaid by contractor and such orders are to be shipped on an F.O.B. destination basis. All such orders must be shipped by the most economical method for the proper delivery of the product unless special instructions are stated on the order by the agency. DELIVERY: Delivery is expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery will 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. CONTRACT PERIOD AND RENEWAL: The State may unilaterally cancel the contract on a monthly basis any time after the initial twelve (12) months by providing written notification at least three (3) months prior to the requested date of cancellation. Cancellation will become effective the first of the month following the 3-month notification. The minimum term of the contract shall be twelve (12) months. This provision does not affect the State's right of suspension or cancellation contained in the "Suspension of Work" and "Cancellation" clauses in Appendix B, OGS General Specifications. Prices are to be firm for the entire period of the contract. Price escalation is not allowed and is specifically excluded from the terms and conditions of the contract award. Price decreases are permitted at any time. 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 twenty-four (24) months. 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.

18 GROUP SAFETY NEEDLES, SYRINGES AND SHARPS AWARD PAGE 18 INSTRUCTIONS TO USE PRODUCTS: Contractors shall supply, with each order, detailed instructions on the safe and effective use of the product. REPORT OF CONTRACT PURCHASES: Contractor shall furnish report of purchases made from contract the fifteenth of the month following the end of each six month period. The reports shall be in the following format: Item/ SubItem Number Product Description (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. SAMPLES TO BE SUBMITTED BY CONTRACTOR: The contractor may be required to submit samples. See "Samples" in Appendix B, OGS 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 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. OVERLAPPING CONTRACT ITEMS: Products available in the resulting contract may also be available from other State contracts. Agencies will be advised to select the most cost effective procurement alternative that meets their program requirements and to maintain a procurement record documenting the basis for this selection.

19 GROUP SAFETY NEEDLES, SYRINGES AND SHARPS AWARD PAGE 19 "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.

20 GROUP SAFETY NEEDLES, SYRINGES AND SHARPS AWARD PAGE 20 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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