NOTICE OF CONTRACT AWARD

Transcription

1 NOTICE OF CONTRACT AWARD NYS Department of Correctional Services CLINTON CORRECTIONAL FACILITY GROUP NO./COMMODITY: 32600/POPLIN Contract No. Contractor Contact Information Federal ID# PA- The Restex Co., Inc. Thamer Roberts, Manager Powerline Rd. Phone: ext Ft. Lauderdale, FL Fax: Contract Period: November 1, 2010 through October 31, 2012 w/renewal options Invitation For Bids (IFB) No.: 825 (Replaces Award No. 739) Bid Opening Date: Direct inquiries regarding this contract to: Nancy Abraham Supervisor CI Purchasing NYS Department of Correctional Services 550 Broadway Albany, NY Telephone: (518) Ext Fax: (518) Contract Approval Date: November 15, 2010 NYS Department of Correctional Services (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 POPLIN PAGE 2 PRICE: Price includes all customs duties and charges and is net, F.O.B. destination Clinton Correctional Facility, as designated by the ordering agency including tailgate delivery to the agency dock (Note: See Restricted Delivery Hours clause). Delivery to: Clinton Correctional Facility Dannemora, NY Annual Item Estimated Price Number Item Quantity Per Yd, 1a. Poplin, Poly/cotton 60 wide 80,000 yds. $2.02/yd. Pantone# TC-Blue Bell as described in Detailed Specifications 1b. Poplin, Poly/cotton 60 wide 85,000 yds. $1.62/yd. Pantone # TC- Bright White as described in Detailed Specifications MINIMUM ORDER: Minimum orders shall be 10,000 yards either or both colors. The bidder will honor orders for less than the minimum order, however, additional shipping costs will be added. Guaranteed Delivery: 30/45 Days A/R/O PACKING: All material shall be packed in accordance with industry standards to insure against damage in transit. Material shall be in rolls of at least 100 yards but not more than 300 yards. Each roll shall be identified with tag giving size, weight per sq. yd., and weight of roll and color. Carton shall be marked with total weight of rolls, number of rolls, Contract Number, Purchase Order Number, Clinton product code number and carton count (1 of _, 2 of _, etc.). NO metal clips or banding allowed. Contractor will be required to maintain an inventory of 25,000 yds. of Blue and 2,500 yds. of White Poplin and must be able to satisfy all orders in the guaranteed delivery time of 30 days or less after receipt of order. NOTE: All Greige Goods MUST be domestic finish only and each delivery will be required to identify finishing mill. In addition, a penalty will be imposed for continued failure to meet the required specifications as described. 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.

3 GROUP POPLIN PAGE 3 CONTRACT PAYMENTS: Payments cannot be processed by Clinton Correctional Facility,, until the contract items have been delivered in satisfactory condition. Contractor shall provide complete and accurate billing invoices to the Agency in order to receive payment. Billing invoices submitted to the 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. PRICE ADJUSTMENT: The contract price shall be adjusted after the initial six-month period of the contract and every six months thereafter, within the contract period or its mutually agreed upon renewal(s). The price adjustment (up or down) will be based on the % movement of the month prior to the time of the amendment, (Example: Price adjustment scheduled for March will be calculated on the February % movement), evident in the Producer Price Index Commodities Data (WPU (Not Seasonally Adjusted) Greige cotton broadwoven fabric) as published by the U.S. Department of Labor, and also available on the Internet under the website, Click Databases & Tables, then click (Producer Price Index PPI ) Commodity Data and then scroll down to (WPU (Not Seasonally Adjusted) Greige cotton broadwoven fabric). NOTE: The adjusted index will then become the base index for the next price adjustment period. Each succeeding six-month period will follow this format. The adjusted index is then compared with the base index, and the resulting percentage of increase or decrease shall be applied to the current contract prices. The will notify the facility and contractor by way of a Purchasing Memorandum of these price changes. Payment price will be for the period in which the order is received. 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.

4 GROUP POPLIN PAGE 4 RESTRICTED DELIVERY HOURS: Clinton Correctional Facility is a Maximum Security Prison and therefore delivery hours are restricted as follows: Delivery must be made between the hours of 8:30AM and 10:30AM or 12:30PM and 2:30PM, only on weekdays (Monday-Friday) excluding holidays. Notification of delivery must be made twenty four (24) hours prior to the time of delivery to Karla Jarvis at 518/ , Ext 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 Correctional Services,. 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 Correctional Services And Clinton Correctional Facility 550 Broadway Dannemora, NY Albany, NY Att.: Karla Jarvis ATTN: Nancy Abraham Fax: (518) Fax: (518) karla.jarvis@docs.state.ny.us nlabraham@corcraft.docs.state.ny.us 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. CONTRACT PERIOD AND RENEWALS: Prices or discounts quoted are to be firm for the entire period of the contract. Price escalation or discount reduction will not be allowed and is specifically excluded from the terms and conditions of the Invitation for Bid, its specifications and subsequent contract award. Price decreases or discount increases are permitted at any time. 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. 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.

5 GROUP POPLIN PAGE 5 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. QUALITY CONTROL: It is essential that the subsequent contract apply tight Quality Control in all aspects of the manufacturing process to insure that good quality material is delivered in a timely fashion. Correctional Industries (CORCRAFT) provides garments to all the correctional facilities in New York State. Therefore, for security reasons, all garments must be identical. CORCRAFT has no seconds market or other means to utilize imperfect material. All material received must be able to be used as anticipated to fill orders on time and to keep the inmate workforce working. PRODUCT DELIVERY: In addition to the provisions of paragraph 44 of Appendix B, it shall be understood that with respect to contract deliveries, time is of the essence. Delivery must be made as ordered and in accordance with the terms of the contract. The Contractor shall make delivery within the terms and conditions of the contract after the receipt of a purchase order. The decision of Corcraft as to compliance with delivery terms shall be final. The burden of proof for delay in receipt of Purchase Order shall rest with the Contractor. In all instances of a potential or actual delay in delivery, the Contractor shall immediately notify the NYS Department of Correctional Services, and the Authorized User, and confirm in writing the explanation of the delay, and take appropriate action to avoid any subsequent late deliveries. Any extension of the time for delivery must be requested in writing by the Contractor and approved in writing by NYS Department of Correctional Services,. Failure to meet such time schedule may be grounds for cancellation of the order or, in the NYS Department of Correctional Services, discretion, termination of the Contract. Failure to meet such time schedule may also subject the Contractor to liquidated damages at the discretion of the State or Authorized User. Liquidated damages shall be calculated as one (1) percent of the total outstanding order per day until the entire order is received in accordance with the terms of the contract. Liquidated damages shall be deducted or offset by the State or Authorized User from payments due, or to become due, the Contractor on the same or another transaction. TESTING: Unless otherwise specified, materials purchased will be inspected by the Using Agency to ensure the materials meet the quality and quantity requirements of the Specifications. When deemed necessary by Corcraft, samples of the materials may be taken at random from stock received for submission to a commercial laboratory or other appropriate agency for analysis and tests as to whether the materials conform in all respects to the Specifications. In cases where commercial laboratory reports indicate that the materials do not meet the Specifications, the expense of such analysis shall be borne by the contractor.

6 GROUP POPLIN PAGE 6 LIQUIDATED DAMAGES: In the event of a delay or default in any delivery, providing such delay or default is not directly attributable to a material fault of the ordering agency, the agency shall be entitled to and shall assess against the vendor as liquidated damages, and not be ware of penalty, a sum calculated as follows: Fifty ($50.00) dollars per day per delivery to compensate for delay, and other losses determents and inconveniences attendant upon such delay from the end of the grace period commencing from the time delivery was due under the contract. A grace period of seven (7) calendar days commencing on and including the contract date for delivery shall be extended to the vendor prior to the assessment of such liquidated damages. Notice is hereby given to the vendor that despite the extensions of the grace period herein specified. - TIME SHALL BE AND IS THE ESSENCE IN REGARD TO DELIVERY OF THE POPLIN. FURTHERMORE, NOTICE IS HEREBY GIVEN THAT, WHERE THE DELAY IN DELIVERY IS DIRECTLY ATTRIBUTABLE TO THE MANUFACTURER OF THE POPLIN, THE VENDOR REMAIN RESPONSIBLE FOR AND THE STATE MAY ASSESS SUCH LIQUIDATED DAMAGES. SUCH MANUFACTURER BASED DELAY IN DELIVERY BEYOND 30 DAYS MAY ALSO CONSTITUTE GROUNDS FOR THE STATE TO TERMINATE FOR ITS CAUSE AND CONVENIENCE THE CONTRACT AT NO EXPENSE OR COST TO THE STATE AT THE STATE'S SOLE OPTION AND DISCRETION. Liquidated damages, if assessed, shall be deducted from the purchase order price for each shipment delivered against such purchase order. SURETY BOND: At any time upon the request of the Department of Correctional Services,, the bidder being considered for award or the contractor shall, within 15 days of request and at its own cost and expense, obtain and maintain in full force and effect for sixty 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 10% 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,, and may be invoked to the benefit of the State of New York, Department of Correctional Services,, 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.