NOTICE OF CONTRACT AWARD

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1 GROUP NO./COMMODITY: 35523/Drawer Slide Assemblies CONTRACT NO. CONTRACTOR CONTACT INFORMATION PA Knape & Vogt, Mfg. Co. Tim McGee, OEM Sales Manager 2700 Oak Industrial Dr. Phone: (616) Grand Rapids, MI Toll Free: (800) Fax: (877) M/WBE: MBE Goal: 0% WBE Goal: 0% Chartfield 2: NOTICE OF CONTRACT AWARD SFS Contract ID# Attica Correctional Facility Vendor ID# Federal ID# Contract Period: July 1, 2016 through June 30, 2018 (with option to extend) Invitation For Bids (IFB) No.: 1020 (Replaces Award No. 963) Bid Opening Date: 4/14/16 Direct inquiries regarding this contract to: Nancy Abraham, Supervisor CI Purchasing NYS Department of Corrections and Community Supervision 550 Broadway Albany, NY Telephone: (518) Ext Fax: (518) Contract Approval Date: June 2, 2016 NYS Department of Corrections and Community Supervision (Corcraft) By: Nancy Abraham 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 DRAWER SLIDE ASSEMBLIES PAGE 2 PRICE: Price includes all customs duties and charges and be net, F.O.B. destination Attica Correctional Facility, including: DELIVERY TO: F.O.B. Attica Correctional Facility Exchange Street Metal Shop #2 Attica, New York Vertical File Cabinet PC20001S Right Hand Slide 15,000 ea. $ C2600 Minimum Order 2,500 sets 2. Pedestal Desk A) PC32021R Right Hand Slide 10,000 ea. $ R2600 B) PC32021L Left Hand Slide 10,000 ea. $ L2600 C) PC32021RR Right Hand Rail 10,000 ea. $ R2380 D) PC32021LR Left Hand Rail 10,000 ea. $ L2380 Minimum Order 1,000 sets 3. Computer Pedestal A) PC32071R Right Hand Slide 1,200 ea. $ R1600 B) PR32071L Left Hand Slide 1,200 ea. $ L1600 C) PC32071RR Right Hand Rail 1,200 ea. $ R1498 D) PC32071RL Left Hand Rail 1,200 ea. $ L1498 Minimum Order sets

3 GROUP DRAWER SLIDE ASSEMBLIES PAGE 3 4. Mobile Vertical File Cabinet A) PC35063R Right Hand Slide, 18 1,000 ea. $ R1800 B) PC350563L Left Hand Slide, 18 1,000 ea. $ L1800 C) PC35062R Right Hand Slide, ea. $ R2200 D) PC35062L Left Hand Slide, ea. $ L2200 Minimum Order sets 5. Desk Center A) PC31012R Right Hand Slide 1,000 ea. $ R1563 B) PC31012L Left Hand Slide 7,000 ea. $ L1563 Minimum Order 2,000 sets 6. Lateral File Cabinet Integrated Slide Lock Assembly A) PC31012 Right Hand Slide 6,000 ea. $ SR1625 B) PC31070 Rod, ¼ x size 6,000 ea. $ C0838 C) PC31071 Rod, ¼ x size 4,000 ea. $ C1025 D) PC31072 Stub A ea. $ E) PC31073 Stub B 5,000 ea. $ B Minimum Order 1,000 sets GUARANTEED DELIVERY: 20 Days A/R/O MINIMUM ORDER: Minimum order shall be as specified within each contract item. Contractor will 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.

4 GROUP DRAWER SLIDE ASSEMBLIES PAGE 4 DELIVERY: Delivery 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,. 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. PRICE ADJUSTMENT: The price is subject to increase or decrease after the initial six-month period of the contract and every six months thereafter, within the contract period or any mutually agreed upon renewal(s). Price decreases initiated by the contractors are permitted at any time. The price adjustment clause will automatically be applied on a quarterly bases as follows: The first price adjustment (up or down) will be based on the % movement of the month of the bid opening date. The remaining price adjustment (up or down) will be based on the % movement of the prior month at the time of the amendment, as evident in the CRU Steel Price Index, (U.S.A. Gulf Coast Indices for Cold Rolled Coil) and also available on the Internet under the website, The adjusted index is then compared with the base index, and 31% of the difference ( Steel is approximately 31% of the delivered cost of the drawer slides) of the resulting increase or decrease shall be applied to the contract prices. Remaining price adjustments, (either increase or decrease) will be determined from the revised contract price previous to the scheduled three-month period. Payment price will be for the period in which the order is received. CONTRACT PAYMENTS: 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. Unless otherwise specified payment will be made 30 calendar days a/r/o and proper invoicing before interest may accrue. See NYS Prompt Payment Law.

5 GROUP DRAWER SLIDE ASSEMBLIES PAGE 5 BILLING: 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 INTEREST: Interest on late payment is governed by State Finance Law, Section 179-M. 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, (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, (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 (CORCRAFT) officials or staff, the Contract may be terminated by Department of Corrections and Community Supervision, (CORCRAFT) or his or her designee at the Contractor's expense where the Contractor is determined by the Department of Corrections and Community Supervision, (CORCRAFT) or his or her designee to be non-responsible. In such event, the Department of Corrections and Community Supervision, (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.

6 GROUP DRAWER SLIDE ASSEMBLIES PAGE 6 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 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 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. ESTIMATED QUANTITIES: The quantities or dollar values listed are estimated only. Unless otherwise stated the estimated quantities are annual usage. See "Estimated/Specific Quantity Contracts" in Appendix B, General Specifications. 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. Department of Corrections and Community Supervision Attica Correctional Facility 550 Broadway and Metal Shop #2 Albany, NY Attica, NY Attn: Nancy Abraham Attn: Wayne Woeller CONTRACT PERIOD AND RENEWALS: 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 Contract Award Notification. 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 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.

7 GROUP DRAWER SLIDE ASSEMBLIES PAGE 7 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. 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, 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..

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