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 COMMERCIAL COOKING EQUIPMENT (Southbend, Vulcan-Hart, Garland/US Range, Legion Industries) Award Number : (Replaces 3497-G) Contract Period : January 15, 2002 to January 14, 2005 Bid Opening Date : October 2, 2001 Date of Issue : November 26, 2001 Specification Reference : As Incorporated Herein. Address Inquiries To: Name : Title : Phone : Fax : All State Agencies James R. Essman Purchasing Officer I james.essman@ogs.state.ny.us Non-State Agencies Name : Judy Gibbons Title : Purchase Coordinator Phone : Fax : customer.services@ogs.state.ny.us Description Commercial cooking equipment manufactured by Southbend, Vulcan-Hart, Garland/US Range and Legion Industries. Selection includes but not limited to restaurant ranges, heavy duty sectionals, fryers, broilers and griddles, convection ovens, steamers and braising units. This is a discount from price list contract and the manufacturer's dated price list with the catalog is referenced for each lot. To purchase from this contract, agencies are to request the referenced price list from the respective contractor. Procurement Services Group web address: PR # T

2 GROUP COMMERCIAL COOKING EQUIPMENT (Southbend, AWARD PAGE 2 CONTRACT # CONTRACTOR & ADDRESS TELEPHONE # FED.IDENT.# PC58762 BUFFALO HOTEL SUPPLY x SB 375 Commerce Dr x3047 Amherst, NY James M. Bedard Fax No Contractor will accept the New York State Purchasing Card for orders up to 2, PC58763 JOSEPH FLIHAN CO SB Broad St. Joseph Flihan PO Box 4039 Fax No Utica, NY PC58764 KAPLAN BROS. BLUE SB FLAME CORP W. 125th St. Charles J. Augusto Jr. New York, NY Fax No PC58765 SINGER EQUIPMENT COMPANY * Kutztown Rd x157 Reading, PA Frederick J. Singer mhlevy@singerequipment.com * = Singer Equipment Company will accept the New York State Purchasing Card for orders up to $ 2, 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. NOTE TO AGENCY: The letters SB listed under the Contract Number indicate the contractor is a small business. Additionally, the letters MBE and WBE indicate the contractor is a Minority-owned Business Enterprise and/or Womanowned Business Enterprise, respectively. 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.

3 GROUP COMMERCIAL COOKING EQUIPMENT (Southbend, AWARD PAGE 3 PRICE: Price is net, F.O.B. destination any point in New York State as designated by the ordering agency for orders of one (1) unit or more and includes tailgate delivery. Upon mutual agreement delivery locations may be expanded per the "Extension of Use" clause. A single discount applies to each item Category (see "Discounts" clause). Discounts offered remain the same or better for the entire contract period. The price list submitted shall remain in effect for the first year of the contract. Thereafter, the contractor may submit the manufacturer's new price list for OGS' consideration no more than once a year provided the new price list is: Nationally distributed by the manufacturer. Standard for the manufacturer for all dealers, Prices are reasonable. An authorized user may be charged additional inside delivery costs when inside delivery is required; authorized users will not be charged for delivery to building location since price is FOB destination; authorized user must be informed of the additional cost prior to delivery and agree to the additional charge. NOTE: If it is determined the contractor is charging excessive amounts for inside delivery, the State may seek reimbursement for such amounts, may remove the contractor from the list of eligible bidders, and may cancel the contract. If an authorized user requires inside delivery, such as to an upper floor, it must clearly indicate on purchase order that inside delivery is required and the specific location where inside delivery is required to be made. (Authorized users should use terminology such as "INSIDE DELIVERY TO ROOM LOCATED ON floor," etc., when inside delivery is required.) LOT I - SOUTHBEND PRICE LIST FOR SOUTHBEND - JANUARY 1, includes all product lines referenced in each Item Category listed below. NOTE: The same discounts will prevail as offered in the corresponding Item Categories for accessories and/or options when purchased separately. All catalogue pages not listed are offered at a discount of 67.75%. Item Category Percent Discount 1. Convection Ovens and Deck Ovens w/options & accessories 67.75% (pages ) Series Heavy Duty Ranges w/options & accessories 73.73% (pages 5-9.) 3. Steam Equipment w/options & accessories 67.75% (pages ) 4. Upright Broilers w/options & accessories 67.75% (pages ) 5. Heavy Duty Sectional - Fryers w/options & accessories 67.75% (pages ) Manufacturer: Southbend Date of the price list for Southbend in Lot I: January 1, Guaranteed Tailgate Delivery: 30 Days A/R/O CONTRACTOR, LOT I (Items 1-5): BUFFALO HOTEL SUPPLY

4 GROUP COMMERCIAL COOKING EQUIPMENT (Southbend, AWARD PAGE 4 BUFFALO HOTEL SUPPLY FACTORY AUTHORIZED SERVICE CENTERS IN NEW YORK STATE Appliance Installation & Service 1336 Main Street Buffalo, NY Tel: 800/ Fax: 716/ Appliance Installation & Service 221 West Manlius Street East Syracuse, NY Tel: 800/ Fax: 315/ Duffy's Restaurant Equipment Service 1908 East Main St. Endicott, NY Tel: 607/ Alpro Service Co., Inc Willoughby Ave. Brooklyn, NY Tel: 718/ Fax: 718/ Appliance Installation & Service 80 Rockwood Place Rochester, NY Tel: 800/ Fax: 716/ Duffy's Restaurant Equipment Service 109 Albion Ave. Liverpool, NY Tel: 315/ Duffy's Restaurant Equipment Service 6169 Routell South Watertown, NY Tel: 800/ GCS Service Inc. 932 Grand Street Brooklyn, NY Tel: 800/ Fax: 718/ Duffy's Equipment Service 7301 West Henrietta Rd. Rush, NY Tel: 716/ Duffy's Restaurant Equipment Service 3136 Oneida St. Sanquoit, NY Tel: 800/ Fax: 315/ All Island Repair Company Inc Burt Drive Deer Park, NY Tel: 516/ Fax:

5 GROUP COMMERCIAL COOKING EQUIPMENT (Southbend, AWARD PAGE 5 LOT II - VULCAN-HART PRICE LIST FOR VULCAN-HART - FEBRUARY 1, includes all product lines referenced in each item category listed below. NOTE: The same discounts will prevail as offered in the corresponding Item Categories for accessories and/or options when purchased separately. Item Category Percent Discount 1. Compartment Steamers w/options & accessories 60.32% (pages ) 2. Ranges w/options & accessories 59.36% (pages ) 3. Convection Ovens w/options & accessories 61.33% (pages ) 4. Broilers w/options & accessories 59.36% (pages 20-22, 37, 39, 42-43, 52, 62, 68, 133.) 5. Fryers w/options & accessories 59.36% (pages 20, 30, 36, 112, 114, 117, 119, 124, 127.) Manufacturer: Vulcan-Hart Date of the price list for Vulcan-Hart in Lot II: February 1, 2001 Guaranteed Tailgate Delivery: 45 Days A/R/O CONTRACTOR, LOT II (Items 1-5): SINGER EQUIPMENT COMPANY

6 GROUP COMMERCIAL COOKING EQUIPMENT (Southbend, AWARD PAGE 6 SINGER EQUIPMENT COMPANY FACTORY AUTHORIZED SERVICE CENTERS IN NEW YORK STATE Acme American Repairs 99 Scott Avenue Brooklyn, NY Tel: 718/ /522/8898 (NY only) GCS Service Inc. 932 Grand Street Brooklyn, NY Tel: 718/ / Buffalo Sales & Service 111 Dingens St. Buffalo, NY Tel: 716/ New York Sales & Service th Avenue Long Island City, NY Tel: (Parts) Action Commercial Service Inc. 45 South Fagan Ave. Schenectady, NY Tel: 518/ / Northern Parts and Service Inc S. Catherine St. Plattsburgh, NY Tel: 518/ / Elmira Sales & Service 371 S. Main St. Elmira, NY Tel: Newburgh Sales & Service 3 New Road Newburgh, NY Tel: Appliance Installation & Service Corp Main Street Buffalo, NY Tel: / Albany Sales & Service 4 Charles Blvd. Guilderland, NY Tel: 518/ Long Island Sales & Service 71 Mall Drive Commack, NY Tel: 631/

7 GROUP COMMERCIAL COOKING EQUIPMENT (Southbend, AWARD PAGE 7 LOT III - GARLAND PRICE LIST FOR GARLAND - JANUARY 1, Includes all product lines referenced in each Item category listed below. NOTE: A 65.00% discounts will prevail as offered in the corresponding Item Categories for accessories and/or options when purchased separately. Item Category Percent Discount 1. Gas Ovens w/options & accessories 65.00% (all pages.) 2. Electric Ovens w/options & accessories 65.00% (all pages.) 3. Gas Heavy Duty Equipment w/options & accessories 65.00% (all pages.) 4. Electric Heavy Duty Equipment w/options & accessories 65.00% (all pages.) Manufacturer: Garland Date of the price list for Garland in Lot III: January 1, Guaranteed Tailgate Delivery: 30 Days A/R/O CONTRACTOR, LOT III (Items 1-4): KAPLAN BROS. BLUE FLAME CORP

8 GROUP COMMERCIAL COOKING EQUIPMENT (Southbend, AWARD PAGE 8 KAPLAN BROS. - BLUE FLAME CORP. FACTORY AUTHORIZED SERVICE CENTERS IN NEW YORK STATE Northern Parts Distributors 21 Northern Ave. Plattsburg, NY Tel: 518/ / (National) Fax: 518/ Action Service 45 S. Fagen Avenue Schenectady, NY Tel: 518/ / (National) Fax: 518/ GCS Service, Inc. 932 Grand Street Brooklyn, NY Tel: 718/ / (National) Fax: 718/ A.I.S. Commercial Parts & Service 221 W. Manlius E. Syracuse, NY Tel: 315/ / Fax: 315/ Malachy Mechanical 586 Avenue "A" Bayonne, NJ Tel: 201/ / (National) Fax: 201/ A.I.S. Commercial Parts & Service 9 West Main Street Falconer, NY Tel: 716/ / Fax: 716/ Duffy's Restaurant Equip. Service 3138 Oneida Street Sauquoit, NY Tel: 315/ / (NY only) Fax: 315/ Duffy's Restaurant Equip. Service 1908 E. Main Street Endicott, NY Tel: 607/ Fax: 607/ A.I.S. Commercial Parts & Service 80 Rockwood Place Rochester, NY Tel: 716/ / Fax: 716/ All Service 10 Charles Street New Hyde Park, NY Tel: 516/ Fax: 516/ Appliance Installation & Service 3003 Main Street Buffalo, NY Tel: 716/ / Fax: 716/ A.I.S. Commercial Parts & Service 109 Main Street Johnson City, NY Tel: 607/ Fax: 607/ Duffy's Restaurant Equip. Service 109 Albion Ave. Liverpool, NY Tel: 315/ Duffy's Restaurant Equipment 7301 W. Henrietta Road Rush, NY Tel: 716/ / Alpro Service 1127 Willoughby Avenue Brooklyn, NY Tel: 718/ / Fax: 718/ B.E.S.T Genesee Street Buffalo, NY Tel: 716/ / (NY only) Fax: 716/ All Island Repair 40-9 Burt Drive Deer Park, L.I., NY Tel: 631/ / (National) Fax: 631/

9 GROUP COMMERCIAL COOKING EQUIPMENT (Southbend, AWARD PAGE 9 LOT IV - LEGION INDUSTRIES INC. PRICE LIST FOR LEGION INDUSTRIES JANUARY 1, Includes all product lines referenced in each Item Category listed below. NOTE: A 40% discount will prevail for accessories and/or options when purchased separately. Item Category Percent Discount 1. Multi-Functional Cookers 45.40% (all pages) 2. Self-Contained Steam Kettles 45.50% (all pages) 3. Kettle Tools 45.50% (all pages) 4. Direct Steam Kettles 45.50% (all pages) Manufacturer: Legion Industries Date of the price list for Legion Industries Inc. in Lot IV: January 1, 2001 Guaranteed Tailgate Delivery: 30 Days A/R/O CONTRACTOR, LOT IV (Items 1-4): JOSEPH FLIHAN CO. JOSEPH FLIHAN CO. FACTORY AUTHORIZED SERVICE CENTERS IN NEW YORK STATE Northern Parts & Services 21 Northern Ave. Plattsburg, NY Tel: 518/ Quality Restaurant Repair 134 North Montgomery St. Walden, NY Tel: 914/ Duffy's Equipment Service 3138 Oneida Street Sauquoit, NY Tel: 315/ Action Commercial Services 45 South Fagan Avenue Schenectady, NY Tel: 518/ Summit Restaurant Repair 587 W. Merrick Rd. Valley Stream, NY Tel: 516/ REQUEST FOR CHANGE:

10 GROUP COMMERCIAL COOKING EQUIPMENT (Southbend, AWARD PAGE 10 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. 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 ( 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 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 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. MINIMUM ORDER: Minimum order shall be one (1) unit. DISCOUNTS: The contractor offers a single percent discount per Item Category listed against the referenced manufacturer s current catalog price list. The percent discount offered to customer agencies may, at the contractor s option, be increased based on individual orders. Discounts may be greater, but in no instance may they be lower than the awarded discount per category. 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. The contractor specifically identified INCLUSIONS (catalog pages from which purchases may be made) and EXCLUSIONS (pages and/or stock numbers of products the bidder wishes excluded from consideration for award) in the space below each Item category.

11 GROUP COMMERCIAL COOKING EQUIPMENT (Southbend, AWARD PAGE 11 DELIVERY: Delivery is required to be completed within 45 calendar days 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. Time is of the essence. The units(s) delivery module must be delivered complete. If more than one truck is used, the delivery must be made at one time unless otherwise stated by ordering agency. The unloading hours may be specified on the purchase order. The State reserves the right to charge a vendor the difference in the cost of purchasing product on the open market or from an overlapping contract if the vendor does not deliver within any specified time frames after 45 days ARO. See "REMEDIES FOR BREACH" clause in Appendix B, OGS Specifications. CONTRACT PERIOD AND RENEWAL: It is the intention of the State to enter into a contract for the term as indicated herein. Discount reduction will not be allowed and is specifically excluded from the terms and conditions of the contract award. If mutually agreed between the Procurement Services Group and the contractor, the contract may be renewed under the same terms and conditions for an additional period(s) not to exceed an aggregate of 48 more months. 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. CONTRACT MIGRATION: State Agencies or any other authorized user holding individual contracts with contractors under this centralized contract shall be able to migrate to this contract award, effective on the contract begin date (retroactively, if applicable). Migration by an agency or any other authorized user to the centralized contract shall not operate to diminish, alter or extinguish any right that the agency or other authorized user otherwise had under the terms and conditions of their original contract. WARRANTIES: See "Warranties" and "Year 2000 Warranty" in Appendix B, OGS General Specifications. Normal wear and tear items shall be warranted in accordance with manufacturer's standard warranty. Where accessories and/or options are to be supplied, they must be compatible with the rest of the product. 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 $35,

12 GROUP COMMERCIAL COOKING EQUIPMENT (Southbend, AWARD PAGE 12 PRICE LISTS AND CATALOGS: Contractors are 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 this 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 parts lists, 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. OVERLAPPING CONTRACT ITEMS: Products available in this 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. NEW YORK STATE PROCUREMENT CARD: See "Procurement Card" in Appendix B, OGS General Specifications. All bidders shall indicate whether or not they will accept the NYS Purchasing Card for orders up to $2,500 (see Questions at end of bid document). Vendors wishing to set up a corporate account with AMEX should call AMEX at

13 GROUP COMMERCIAL COOKING EQUIPMENT (Southbend, AWARD PAGE 13 "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 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 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.

14 GROUP COMMERCIAL COOKING EQUIPMENT (Southbend, AWARD PAGE 14 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 * * * * *