State of New York Executive Department Office Of General Services Procurement Services Group Corning Tower Building - 38th Floor Empire State Plaza Albany, New York 12242 http://www.ogs.state.ny.us CONTRACT AWARD NOTIFICATION June 27, 2007 Title : Group 38207 Traffic Speed Measurement Equipment Classification Code(s): 46 Award Number : 11537 (Replaces Award 3002-6) Contract Period : May 1, 2001 to April 30, 2008 Bid Opening Date : July 17, 2000 Date of Issue : April 23, 2001 Specification Reference : Contractor Information : As Incorporated Herein Appears on Page 2 of this Award Name : Title : Phone : Fax : E-mail : State Agencies & Vendors Joseph Better Purchasing Officer 1 518-474-7101 518-486-6867 Joseph.better@ogs.state.ny.us Address Inquiries To: Political Subdivisions & Others Phone : Fax : E-mail : Customer Services 518-474-6717 518-474-2437 customer.services@ogs.state.ny.us The Procurement Services Group values your input. Complete and return "Contract Performance Report" at end of document. Description Traffic Speed Measurement Equipment to include Radar, Lidar (Laser) and Time/Distance/Speed Computers. PR # 11537
GROUP 38207 Traffic Speed Measurement Equipment AWARD PAGE 2 NOTE: See individual contract items to determine actual awardees. CONTRACT # CONTRACTOR & ADDRESS TELEPHONE # FED.IDENT.# P C57219 Applied Concepts, Inc. 800-782-5537 751544925 2609 Technology Drive 972-398-3780 Plano, TX 75074-7467 John Dawson Fax: 972-398-3781 E-Mail: jdawson@stalkerradar.com Website: www.stalkerradar.com PC57220 Decatur Electronics, Inc. 800-428-4315 ext. 113 371089661 715 Bright St. 217-428-4315 ext. 113 Decatur, IL 62522 Randy A. Hatton Disc.: 1% - 15 days Fax: 217-428-5302 E-Mail: rhatton@decaturelectronics.com Website: www.decaturradar.com PC57221 Kustom Signals, Inc. 800-852-1270 ext. 3029 431757730 9325 Pflumm Rd. 913-492-1400 ext. 3029 Lenexa, KS 66215-3347 Mike Peine Fax: 913-492-1703 E-Mail: mpeine@kustomsignals.com Website: www.kustomsignals.com PC57223 MPH Industries, Inc. 800-835-0690 ext. 485 611205274 316 East 9th Street Clyde Potts Owensboro, KY 42303-3513 Fax: 270-685-6288 Website: www.mphindustries.com Cash Discount, If Shown, Should be Given Special Attention. INVOICES MUST BE SENT DIRECTLY TO THE ORDERING AGENCY FOR PAYMENT. (See "Contract Payments" and "Electronic Payments" in this document.) AGENCIES SHOULD NOTIFY THE PROCUREMENT SERVICES GROUP PROMPTLY IF THE CONTRACTOR FAILS TO MEET DELIVERY OR OTHER TERMS OF THIS CONTRACT. PRODUCTS OR SERVICES WHICH DO NOT COMPLY WITH THE SPECIFICATIONS OR ARE OTHERWISE UNSATISFACTORY TO THE AGENCY SHOULD ALSO BE REPORTED TO THE PROCUREMENT SERVICES GROUP. SMALL, MINORITY AND WOMEN-OWNED BUSINESSES: The letters SB listed under the Contract Number indicate the contractor is a NYS small business. Additionally, the letters MBE and WBE indicate the contractor is a Minority-owned Business Enterprise and/or Woman-owned Business Enterprise. RECYCLED, REMANUFACTURED AND ENERGY EFFICIENT PRODUCTS: The Procurement Services Group supports and encourages the purchase of recycled, remanufactured, energy efficient and "energy star" products. If one of the following codes appears as a suffix in the Award Number or is noted under the individual Contract Number(s) in this Contract Award Notification, please look at the individual awarded items for more information on products meeting the suffix description.
GROUP 38207 Traffic Speed Measurement Equipment AWARD PAGE 3 RS,RP,RA Recycled RM Remanufactured SW Solid Waste Impact EE Energy Efficient E* EPA Energy Star ES Environmentally Sensitive NOTE TO AUTHORIZED USERS: When placing purchase orders under the contract(s), the authorized user should be familiar with and follow the terms and conditions governing its use which usually appears at the end of this document. The authorized user is accountable and responsible for compliance with the requirements of public procurement processes. The authorized user must periodically sample the results of its procurements to determine its compliance. In sampling its procurements, an authorized user should test for reasonableness of results to ensure that such results can withstand public scrutiny. The authorized user, when purchasing from OGS contracts, should hold the contractor accountable for contract compliance and meeting the contract terms, conditions, specifications, and other requirements. Also, in recognition of market fluctuations over time, authorized users are encouraged to seek improved pricing whenever possible. Authorized users have the responsibility to document purchases, particularly when using OGS multiple award contracts for the same or similar product(s)/service(s), which should include: a statement of need and associated requirements, a summary of the contract alternatives considered for the purchase, the reason(s) supporting the resulting purchase (e.g., show the basis for the selection among multiple contracts at the time of purchase was the most practical and economical alternative and was in the best interests of the State).
GROUP 38207 Traffic Speed Measurement Equipment AWARD PAGE 4 PRODUCT LINE: CONTRACTOR: APPLIED CONCEPTS, INC. STALKER WARRANTY PERIOD: 36 months on the KA Band Radar Units (hand held or multi-piece) 24 months on the K Band Radar Units (hand held or multi-piece) 12 months on the Lidar units Accessories (warranty - not abuse) will expire with the original unit. MANUFACTURER: Applied Concepts, Inc. GUARANTEED DELIVERY: All radar units are 30 Days A/R/O - Lidar units are 60 Days A/R/O Contractor accepts the New York State Procurement Card for orders up to $2,500.00. Person to contact for expediting New York State contract orders: Name: Jennifer Kerns Title: Regional Sales Representative Telephone Number: 972/398-3780 Toll Free Telephone Number: 800-782-5537 Fax Number: 972/398-3781 Email Address: SALES@A-CONCEPTS.COM PRODUCT LINE: CONTRACTOR: GENESIS DECATUR ELECTRONICS, INC. WARRANTY PERIOD: 2 years MANUFACTURER: Decatur Electronics, Inc. GUARANTEED DELIVERY: 15 Days A/R/O Contractor offers Electronic Access Ordering (EDI) Contractor accepts the New York State Procurement Card for orders up to $2,500.00. Person to contact for expediting New York State contract orders: Name: Randy A. Hatton Title: Regional Sales Manager Telephone Number: 800/428-4315 Toll Free Telephone Number: 800-428-4315 Fax Number: 217/428-5302 Email Address: rhatton@decaturelectronics.com Person to contact in the event of an emergency occurring after business hours or on weekend/holidays: Normal Business Hours: Mon - Fri-8:00 AM - 4:30PM (Central Time) Name: Randy Hatton Title: Regional Sales Manager Telephone Number: 217/794-5470 Email Address: hatton@locomp.net
GROUP 38207 Traffic Speed Measurement Equipment AWARD PAGE 5 PRODUCT LINE: CONTRACTOR: KUSTOM KUSTOM SIGNALS, INC. WARRANTY PERIOD: 36 months on the Traffic Safety Radar Systems 12 months on the LIDAR Systems 24 months on the Tracker Time/Distance/Speed Computers MANUFACTURER: Kustom Signals, Inc. GUARANTEED DELIVERY: 30 Days A/R/O Persons to contact for expediting New York State contract orders: Name: Bob Boback and Patrick McDermott Title: District Manager/Inside Sales Representative Telephone Number: 913/492-1400 Toll Free Telephone Number: 800/458-7866 Fax Number: 913/492-1703 Email Address: sales@kustomsignals.com Person to contact in the event of an emergency occurring after business hours or on weekend/holidays: Normal Business Hours: Mon-Fri - 7:30AM - 4:30PM (Central Time) Name: Kevin Unrein Title: Custom Service Manager Telephone Number: 800/835-0156 ext. 2401 or 316/431-2700 ext. 2401 Fax number: 316/431-2734 Email Address: kunrein@kustomsignals.com
GROUP 38207 Traffic Speed Measurement Equipment AWARD PAGE 6 PRODUCT LINE: CONTRACTOR: LTI MARKSMAN LASER TECHNOLOGY, INC. WARRANTY PERIOD: 1 year on the Marksman Systems 2 years on the Ultralyte Systems MANUFACTURER: Laser Technology, Inc. GUARANTEED DELIVERY: 30 Days A/R/O Contractor accepts the New York State Procurement Card for orders up to $2,500.00 Persons to contact for expediting New York State contract orders: Name: Cheri Lucero or Kevin Fremont Title: Inside Sales Representative or Field Sales Manager Telephone Number: 303/649-1000 Toll Free Telephone Number: 800/280-6113 Fax Number: 303/640-9710 Email Address: clucero@lasertech.com or kfremont@laser.com Person to contact in the event of an emergency occurring after business hours or on weekend/holidays: Normal Business Hours: Mon-Fri - 8:00AM - 5:00PM Name: Kevin Fremont Title: Field Sales Manager Telephone Number: 518/464-3495 Fax number: 518/464-3672 Pager Number: 518/461-0164 Email Address: kfremont@lasertech.com PRODUCT LINE: CONTRACTOR: PYTHON MPH INDUSTRIES, INC. WARRANTY PERIOD: 2 Years MANUFACTURER: MPH Industries, Inc. GUARANTEED DELIVERY: 30-45 Days A/R/O Contractor accepts the New York State Procurement Card for orders up to $2,500.00. Person to contact for expediting New York State contract orders: Name: Clyde Potts Title: Operations Manager Telephone Number: 270/685-6545 Toll Free Telephone Number: 800/835-0690 Fax Number: 270/685-6288
GROUP 38207 Traffic Speed Measurement Equipment AWARD PAGE 7 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 AGENCIES: Orders under this contract are to be submitted directly to the contractor. 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. 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 and certain 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 (www.ogs.state.ny.us) 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 518-474-6717. 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.
GROUP 38207 Traffic Speed Measurement Equipment AWARD PAGE 8 CHANGES TO PRICE LIST: Price list changes (product additions, deletions, price increases, etc.) will only be considered as described herein. First Year Product Additions -- new products will be considered for inclusion provided they are deemed pertinent to the awarded product line and are offered at the award discount. The State reserves the right to limit submissions to no more than quarterly. Product Deletions -- none allowed Price Increases -- none allowed Subsequent Years Product Additions -- same as year one. Product Deletions and Price Increases -- Only one request for price list substitution, including product deletions and price increases, will be considered per year. Such request must be submitted between the six and the ninth month of the contract period. Product deletions and price increases must be based on the manufacturer's established price list in effect at the time of the request. No price list changes, except price decreases, shall take effect until such request has been accepted by the State and the contractor notified in writing of acceptance. Any price decreases made to the manufacturer's established price list are deemed to take effect immediately in the State's best interest. Nevertheless, the contractor shall notify the State immediately of any such price list change. DELIVERY: Delivery is 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 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 to the other party. The minimum term of the contract shall be twelve (12) months. Notification of cancellation shall be made at least three (3) months prior to the date of cancellation. Cancellation will become effective the first of the month following the 3-month notification. If mutually agreed between the Procurement Services Group and the contractor, the contract may be renewed under the same terms and conditions on a yearly basis. 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.
GROUP 38207 Traffic Speed Measurement Equipment AWARD PAGE 9 PRICE SHEETS AND CATALOGS: Contractor is required to furnish, without charge, catalog and price lists identical to those accepted with the 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 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. The manual shall include complete instructions for unpacking, inspecting, installing, adjusting, aligning, and operating the product, together with layout and interconnection diagrams, schematic and wiring diagrams, preventive and corrective maintenance procedures, and complete repair/spare parts lists, and prices, manufacturer's catalog numbers, and ordering information. 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. 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.
GROUP 38207 Traffic Speed Measurement Equipment AWARD PAGE 10 IMPORTANT NOTICE TO BIDDERS/RESULTANT CONTRACTORS AND STATE AGENCIES - "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 163.3.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 non-contract 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 (currently for transactions in excess of $15,000) and competitive bidding of requirements exceeding the discretionary bid limit (currently at $50,000). State agencies should refer to CL-135 dated October 7, 1994 for complete procedural and reporting requirements under the "OGS or Less" Guidelines
GROUP 38207 Traffic Speed Measurement Equipment AWARD PAGE 11 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: E-mail: Please detach or photocopy this form & return by FAX to 518/474-1563 or mail to: OGS PROCUREMENT SERVICES GROUP Customer Services, Room 3711 Corning 2 nd Tower - Empire State Plaza Albany, New York 12242