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 POWDER, COATING, EPOXY POLYESTER HYBRID, THERMOSETTING (Attica Corr. Fac. Ind.) Award Number : CI (Replaces 4140-CI) Contract Period : September 15, 2001 thru September 14, 2002 Bid Opening Date : May 8, 2001 Date of Issue : September 01, 2001 Specification Reference: As Incorporated in the Invitation For Bids Name : Title : Phone : Fax : Address Inquiries To: Jose Samson Purchasing Officer I jose.samson@ogs.state.ny.us Description This award is for a high quality powder coating used by Attica Correctional Facility, Division of Industry, for one coat application to metal lockers, office and hospital furniture. Intended for interior use. PR #01134-T-CI

2 GROUP POWDER, COATING, EPOXY POLYESTER HYBRID, AWARD PAGE 2 CONTRACT # CONTRACTOR & ADDRESS TELEPHONE # FED.IDENT.# PC58168 PRISM POWDER COATINGS, LTD Edgeley Blvd Concord, Ontario, L4K3Y2 Canada Livio Agnoletto Fax Address livio@prismpowder.com Web: Contractor will honor orders for less than the minimum order with no additional cost if combined in shipment with another compliant contract order. 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. FOR TAX FREE TRANSACTIONS UNDER THE INTERNAL REVENUE CODE, THE NEW YORK STATE REGISTRATION NUMBER IS K. 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 be net, F.O.B. destination Attica Correctional Facility, Division of Industries, Metal Shop #2, Attica, NY including tailgate delivery and technical service called for herein. Price shall also include "Restricted" delivery. Delivery to some facilities, particularly Correctional Facilities, have delivery "Restricted" - delivery must be made during certain hours, generally between 8:00 a.m. to 11:00 a.m. and 12:30 p.m. to 2:30 p.m., and must be made on only weekdays (Tuesday through Friday) except/excluding holidays. Price also includes contacting the agency prior to making delivery. Prices or discounts are to be firm for the entire period of the contract. Price escalation or discount reduction is not allowed and is specifically excluded. LOT I - POWDER COATING, EPOXY/POLYESTER HYBRID THERMOSETTING As described in "detailed specifications" of the referenced solicitation and as identified below. Powder Coating, for one coat application by electrostatic spray equipment, both manual & automatic, matching Attica Correctional Facility, Division of Industries color chips as identified by color name. Pricing includes tailgate delivery.

3 GROUP POWDER, COATING, EPOXY POLYESTER HYBRID, AWARD PAGE 3 LOT I - POWDER COATING, EPOXY/POLYESTER HYBRID THERMOSETTING (Cont d) To be delivered to: Attica Correctional Facility Division of Industries Metal Shop #2 Attica, NY Between 8:00 a.m. & 11:00 a.m. & 12:30 p.m. & 2:30 p.m. Tuesday - Friday, excluding holidays "SHALL CONTAIN NOT MORE THAN 0.06% LEAD" Items No. 1 thru 14 shall be supplied in boxes min. 500#, per order in any combination of colors. Gross Agency Price Shipping Color Item Color Per Weight Ident. No. Name Pound Per Box Number 1. White $ lbs HW-148-M 2. Putty lbs HI -249-M 3. Alfred Gray lbs HA -226-M 4. Driftwood Tan lbs HI -250-M 5. Ultra Tan lbs HI -251-M 6. Mahogany Brown lbs HN -154-M 7. Surf Green lbs HG -235-M 8. Lupin Blue lbs HL -205-M 9. Ceylon Blue lbs HL -206-M 10. Matte Black lbs HB -136-M 11. Light Gray lbs HA -227-M 12. Moss Green lbs HG -234-M 13. Nectar lbs HI -252-M 14. Thruway Blue lbs HL -197-M Delivery of pre-production sample: 7 Days A/R/O Initial Delivery: 14 Days after sample approval Subsequent Delivery: 7 Days A/R/O Shelf Life: 12 months Manufacturer: Prism Powder Coatings Ltd. Generic type of powder coating: Epoxy -Polyester Hybrid Manufacturer's Recommended Storage conditions: Temperature Range: Min. 32 F to Max. 80 F Humidity Range: Max. 50% Generic type of solvent for clean up of equipment: MEK 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.

4 GROUP POWDER, COATING, EPOXY POLYESTER HYBRID, AWARD PAGE 4 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. If a purchase order is not received from the agency listed within two weeks after receipt of this award, the contractor should contact the agency directly requesting the submission of a purchase order. The Agency contact person is Ms. Nancy Abraham, who can be reached at 518/ , Ext MINIMUM ORDER: Minimum order for each (single) destination is a minimum of 500 pounds in any combination of colors. Contractor will honor orders for less than the minimum order with no additional cost if combined in shipment with another compliant contract order. 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. If there is a discrepancy between the purchase order and what is listed herein, 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. CONTRACTOR'S NOTES: 1. Contractor shall furnish the agency with written acknowledgment 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 intolerable 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 Attica Correctional Facility Division of Industries Division of Industries 550 Broadway Attica, NY Albany, NY Attn: Melody Bye ATTN: Nancy Abraham

5 GROUP POWDER, COATING, EPOXY POLYESTER HYBRID, AWARD PAGE 5 ESTIMATED QUANTITIES: The quantities or dollar values listed are estimated only. See Estimated Quantity Contracts in Appendix B, OGS General Specifications. CONTRACT PERIOD: This contract is for the term as indicated. If mutually agreed between the Procurement Services Group and the contractor, the contract may be extended under the same terms and conditions for an additional period not to exceed twelve months. WARRANTIES AND GUARANTEES: All powder coating furnished shall be guaranteed by the contractor to have satisfactory covering quality, hiding power, gloss, opaqueness of coat, general satisfactory performance for the purpose intended and for application by Agency's electrostatic spray equipment. Powder coatings furnished shall be of uniform consistency, and shall flow evenly, during backing stage of application. TECHNICAL ASSISTANCE: The contractor is responsible for providing to Attica, within 48 hours of a request, the services of a competent, technically trained representative to assist the Agency in solving problems which may arise regarding the correct application procedures and/or performance of the contractor's powder coating. During his visit, the representative may be asked to supervise the taking of samples of powder coating when a laboratory evaluation seems necessary to resolve a question of non-conformance of paint to specifications. REJECTED BATCHES: In the event any shipment of powder is rejected, the Agency shall issue a deviation report to the manufacturer, who shall replace the rejected batch within seven (7) working days after notification, by repeating the Pre-shipment sample procedure given above, for each color involved. Failing this, powder shall be purchased from other sources and the Contract shall reimburse the State for costs in excess of the contract cost, as well as for the cost of shipping powder back to the original Contractor. CERTIFICATION: Together with the above samples, the Contractor shall provide certification that the quality of the cured coating on the submitted sample panels is representative of the quality of the entire powder paint batch under consideration and in compliance with the Detailed Specification requirements. Furthermore, each batch of powder paint shall be identified by a code, which will be traceable, and which shall coincide with the Batch No. given on the certification. It shall be further understood that the Contractor shall await the outcome of the Coxsackie Laboratory tests and shall not send any powder paint, other than the above mentioned samples, without written or facsimile (FAX) approval from the Division of Industries' Quality Control Analyst, 550 Broadway, Menands, NY 12204, Phone: 518/ , Ext CONTAINERS: Powder paint shall be shipped in stackable, fiberboard cartons, minimum 200 psi bursting strength, sealed with glue or reinforced tape. Cartons shall meet requirements of the National Motor Freight Classification, Item 222. Carton shall contain 45 to 55 pounds of powder paint, wrapped in a minimum 4 mil thick, moisture-proof polyethylene bag. SHELF LIFE: Shelf life is not less than one year. Shelf life is the period during which the product shall be satisfactory in every respect for use and is figured from the date of delivery to the Agency.

6 GROUP POWDER, COATING, EPOXY POLYESTER HYBRID, AWARD PAGE 6 LABELING: Each container shall bear a label including the following information: 1. The following clause shall be in a conspicuous location on the label with attention size lettering in regard to conformance with C.P.S.C. Reg. 16 CFR1303: "FREE FROM LEAD HAZARD." 2. Name and address of manufacturer. 3. Trade name of product. 4. Kind of powder coating and color with identifying number. 5. Net weight of powder coating in container. 6. NYS Item Number. 7. Precautionary instructions with regard to application such as toxicity, fumes, irritating effects, fire hazard, minimum and maximum temperature and humidity ranges for storage application, etc. 8. NYS Contract Number, production batch number and date of manufacture shown on each container (by stamping, pressure sensitive sticker or other means.) IMPROPERLY LABELED CONTAINERS MAY BE REJECTED QUALITY ASSURANCE PROVISIONS: The contractor is responsible for complying with all physical and chemical test requirements as stipulated in the Specifications. The State reserves the right to perform any of the tests set forth in the specifications prior to award of contract and on field samples selected at random where such tests are deemed necessary to assure that the commodity conforms to prescribed requirements. LEAD AND OTHER HEAVY METAL CONTENT: Powder paint shall conform to Consumer Products Safety Commission Regulation 16 CFR 1303, which requires that the lead content by weight of dried film, be no more than 0.06%. In addition the product shall contain no more than an unintentional trace of cadmium, mercury, or hexavalent chromium. OVERSHIPMENT: Shipments of product exceeding 5% of the quantity ordered will be considered overshipments and will be returned to the vendor at the vendor's expense. * * * * *