REVISED CONTRACT AWARD NOTIFICATION

Transcription

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 REVISED CONTRACT AWARD NOTIFICATION Title : Group CHEMICAL LAW ENFORCEMENT DEVICES, ACCESSORIES & RELATED PRODUCTS Classification Code(s): 12 & 46 Award Number : (Replaces Award 3533-G) Contract Period : October 1, 2002 to August 31, 2007 Bid Opening Date : May 28, 2002 Date of Issue : July 12, 2002 REVISED July 26, 2005 and October 18, 2005 Specification Reference : Contractor Information : Name : Title : Phone : Fax : State Agencies & Vendors Jill McCabe Purchasing Officer I jill.mccabe@ogs.state.ny.us As Incorporated In The Invitation for Bids Appears on Page 2 of this Award Address Inquiries To: Political Subdivisions & Others Phone : Fax : Customer Services customer.services@ogs.state.ny.us The Procurement Services Group values your input. Complete and return "Contract Performance Report" at end of document. Description This contract award includes various brands of chemical law enforcement products such as CS CN and OC gases for riot and crowd control, personal defense and tactical deployment. Also included are flash, sound and smoke grenades and all products associated with the use and deployment of the gases and grenades. PR # T

2 GROUP CHEMICAL LAW ENFORCEMENT DEVICES, AWARD PAGE 2 NOTE: See individual contract items to determine actual awardees. CONTRACT # CONTRACTOR & ADDRESS TELEPHONE # FED.IDENT.# PC59552 ARMOR HOLDINGS, INC , ext International Pkwy Jacksonville, FL Ms. Kay Shewchuk Fax: kshewchuk@armorholdings.com Web: PC59553 NEW YORK POLICE SUPPLY, INC SB 1460 Ridge Road E. Mr. Michael Cohn Rochester, NY Fax: nypolicesupply@msn.com PC59554 PROMARK INTERNATIONAL, INC SB 134 Merrick Road Amityville, NY Mr. Kenneth Battcher Fax: promarkint@aol.com Web: PC59555 RELIAPON POLICE PRODUCTS, INC Seaborge Avenue #C Ventura, CA Mr. Vincent Zucchero Fax: sales@reliapon.com Web: PC59556 TRIPLE NICKEL TACTICAL SUPPLY PO Box Saco, ME Ms. Donna Brazell Discount: 1% - 15 Days Fax: dbrazell@triplenickel.net Web: 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.)

3 GROUP CHEMICAL LAW ENFORCEMENT DEVICES, AWARD PAGE 3 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. NOTE TO ALL CONTRACT USERS: The terms and conditions of the bid 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 is expressed as a discount from the latest manufacturer s nationally published price list and includes all customs duties and charges and is net, F.O.B. destination any point in New York State as designated by the ordering agency. Any hazardous material surcharge shall be pre-paid and added to the invoice as a separate item. In addition, upon mutual agreement, delivery locations may be expanded per the Extension of Use clause. SPECIAL ORDERING INSTRUCTIONS: The following contractors offer Electronic Access Ordering (EDI): Reliapon Police Products, Inc. Triple Nickel Tactical Supply Agencies are encouraged to utilize EDI capabilities. Please contact the contractor for specific information regarding electronic ordering. Acceptance of New York State Procurement Card for Orders up to $2, Additional Discount for Purchases Contractor Yes/No made with Card Armor Holdings, Inc. Yes 0% New York Police Supply, Inc. No N/A Promark International, Inc. Yes 0% Reliapon Police Products, Inc. Yes 0% Triple Nickel Tactical Supply Yes 1% PRICE CHANGES: Discounts shall remain firm for the entire contract period. Updates to the product lines will be accepted at any time. New price lists will be accepted when published by the manufacturer. OGS must be notified prior to or immediately upon issuance of a new price list. The new price list must be in the State s possession and using agencies notified by Purchasing Memorandum before the new prices can be honored. Notification must be in writing and be accompanied by three copies of the corresponding price list or update. ELECTRONIC PAYMENTS: The Office of the State Comptroller (OSC) offers an "electronic payment" option in lieu of issuing checks. Contact OSC to obtain an information packet at or to epunit@osc.state.ny.us or visit their website at

4 GROUP CHEMICAL LAW ENFORCEMENT DEVICES, AWARD PAGE 4 FOR ORDERS LESS THAN MINIMUM SPECIFIED BY CONTRACTOR, FREIGHT WILL BE PRE-PAID AND ADDED TO INVOICE. NO OTHER CHARGES WILL BE ACCEPTABLE. Item Catalogue/Pricelist No. Description Discount Identification 1. Combined Tactical Systems Combined Tactical Systems, Inc. Price List dated October 1, 2004 Purchases up to $2,500: 25% Purchases from $2,501 - $5,000: 25% Purchases from $5,001 - $10,000: 25% Minimum Order to include Freight: $1, Guaranteed Delivery: 30 Days A/R/O* *ATF approval is required on some items before delivery can be made. Refer to Price List for more information. Triple Nickel Tactical Supply has authorized the following distributor for purposes of this contract: Promark International Inc. Attn: Ken Battcher 134 Merrick Road Amityville, NY Phone: Fax: CONTRACTOR, ITEM 1: TRIPLE NICKEL TACTICAL SUPPLY 2. Defense Technology Corp. of America Defense Tech/Federal Labs Agency Price List dated April 1, 2004 Purchases up to $2,500: 15% Purchases from $2,501 - $5,000: 16% Purchases from $5,001 - $10,000: 18% Minimum Order to include Freight: $ Guaranteed Delivery: 30 Days A/R/O Armor Holdings, Inc. has authorized the following distributors for purposes of this contract: (1) New York Police Supply, Inc. (1) Center Brunswick Sales Associates (1) United Uniform Co. Inc. Attn: Mike Cohn Attn: Doreen Legg/Owner Attn: Josh Muskat 1460 Ridge Road East 978 Hoosick Road 495 N. French Road Rochester, NY Troy, NY Buffalo, NY Phone: Phone: Phone: Fax: Fax: Web: Fax: josh@uniteduniform.com

5 GROUP CHEMICAL LAW ENFORCEMENT DEVICES, AWARD PAGE 5 FOR ORDERS LESS THAN MINIMUM SPECIFIED BY CONTRACTOR, FREIGHT WILL BE PRE-PAID AND ADDED TO INVOICE. NO OTHER CHARGES WILL BE ACCEPTABLE. Item No. 2 (cont d) Armor Holdings, Inc. has authorized the following distributors for purposes of this contract: (1) Standard Law Enforcement Supply (2) 190 Mineola Avenue Roslyn Heights, NY Contact: John Harrigan Phone: Fax: john@standardlaw.us List of New York Counties: (1) Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Orange, Orleans, Oswego, Onondaga, Otsego, Putnam, Rensselaer, Rockland, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Westchester, Wyoming, Yates (2) Bronx County, Kings County (Brooklyn), Nassau County, New York County, Queens County, Richmond County (Staten Island), Suffolk County, Municipality of City of New York CONTRACTOR, ITEM 2: ARMOR HOLDINGS, INC. 3. ISPRA Contract Expires August 31, 2005 Not Renewed Item Catalogue/Pricelist No. Description Discount Identification 4. Aerko Aerko International Price List dated November 15, 2004 Purchases up to $2,500: 30% Purchases from $2,501 - $5,000: 32% Purchases from $5,001 - $10,000: 34% Minimum Order to include Freight: $ Guaranteed Delivery: 30 Days A/R/O CONTRACTOR, ITEM 4: NEW YORK POLICE SUPPLY, INC.

6 GROUP CHEMICAL LAW ENFORCEMENT DEVICES, AWARD PAGE 6 FOR ORDERS LESS THAN MINIMUM SPECIFIED BY CONTRACTOR, FREIGHT WILL BE PRE-PAID AND ADDED TO INVOICE. NO OTHER CHARGES WILL BE ACCEPTABLE. Item Catalogue/Pricelist No. Description Discount Identification 5A. Reliapon Police Products Agency Price List dated January 1, 2004 Purchases up to $2,500: 5% Purchases from $2,501 - $5,000: 7.5% Purchases from $5,001 - $10,000: 10% Minimum Order to include Freight: $1, Guaranteed Delivery: 20 Days A/R/O Reliapon Police Products has authorized Standard Law Enforcement Equipment Co. as a distributor for purposes of this contract (see information below). In addition, customers can order contract items directly by accessing the following website: Standard Law Enforcement Equipment Co. Attn: John Harrigan 190 Mineola Avenue Roslyn Heights, NY Phone: Fax: lupostock@aol.com CONTRACTOR, ITEM 5A: RELIAPON POLICE PRODUCTS 5B. Security Equipment Corp. Sabre 2005 Price List Purchases up to $2,500: 36% Purchases from $2,501 - $5,000: 38% Purchases from $5,001 - $10,000: 40% Minimum Order to include Freight: $ (Contractor will accept less than minimum order.) Guaranteed Delivery: 20 Days A/R/O CONTRACTOR, ITEM 5B: PROMARK INTERNATIONAL, INC.

7 GROUP CHEMICAL LAW ENFORCEMENT DEVICES, AWARD PAGE 7 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 ( Click on "For Government-Contracts and Purchasing," then "About Procurement," then "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: This contract 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 this 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. MINIMUM ORDER: Contractor may elect to honor orders for less than the minimum order quantity. For such orders, at the contractor s option, shipping costs from the contractor s address 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 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 RENEWALS: Discounts are firm for the entire period of the contract. Discount reduction will not be allowed and is specifically excluded from the terms and conditions of this contract award. Discount increases 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 additional period(s) not to exceed a total contract term of five (5) years. 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.

8 GROUP CHEMICAL LAW ENFORCEMENT DEVICES, AWARD PAGE 8 PRICE SHEETS AND CATALOGS: Contractor shall be required to furnish, without charge, catalog and price lists identical to those accepted with their 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 resultant contract either through the omission of those portions or by obvious indications within the catalogs and price lists. Catalogs and price lists may be furnished in either hard-copy or electronic format. If available in both formats, they shall be furnished in the format preferred by the requesting authorized user. Upon request the contractor shall assist authorized users in the use of catalogs and price lists. INSTRUCTION MANUALS: Simultaneous with delivery, 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 parts lists, manufacturer's catalog numbers, and ordering information, if applicable. 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 or Catalog Number Product/ Service Description Total Quantity Shipped 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 Group Number, the Invitation for Bids Number, Contract Number, sales period, and contractor's name. Additional related sales information, such as monthly reports, and/or detailed user purchases may be required and must be supplied upon request. Failure to submit the required report may be cause for disqualification of contractor for future contracts. REBATES: The Office of General Services has the right to determine the disposition of any rebates, settlements, restitution, liquidated damages, etc. which arise from the administration of this contract. 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.

9 GROUP CHEMICAL LAW ENFORCEMENT DEVICES, AWARD PAGE 9 SURETY BOND: At any time upon the request of the Office of General Services, 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, Office of General Services, and may be invoked to the benefit of the State of New York, Office of General 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. "OGS OR LESS" GUIDELINES APPLY TO THIS CONTRACT: Purchases of the products included in the 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 products from sources other than the contractor provided that such products are substantially similar in form, function or utility to the products 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.

10 GROUP CHEMICAL LAW ENFORCEMENT DEVICES, AWARD PAGE 10 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 * * * * *