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 SPORT UTILITY VEHICLES Classification Code(s): 25 Award Number : (Replaces Award 02549) Contract Period : See "Contract Period" Clause Bid Opening Date : September 29, 2003 Date of Issue : February 18, 2004 REVISED January 25, 2006 Specification Reference : Contractor Information : Name : Title : Phone : Fax : State Agencies & Vendors Donald L. Simpson Purchasing Officer I donald.simpson@ogs.state.ny.us As Incorporated In The Invitation for Bids Appears on Pages 2 & 3 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 Notification is for two and four wheel drive sport utility vehicles, ranging from 5 to 9 passenger capacity that can be purchased by State agencies, and eligible non-state agencies (i.e., counties, cities, others) located throughout the State. This award is to cover the outright purchase of new, current model year vehicles. Under no circumstances may "Demos" or "Used" vehicles be sold under this contract. PR #18488-T 18488taRevised3.doc/05dls

2 GROUP SPORT UTILITY VEHICLES AWARD PAGE 2 NOTE: See individual contract items to determine actual awardees. CONTRACT # CONTRACTOR & ADDRESS TELEPHONE # FED.IDENT.# PC60954 ALBANY DODGE, INC. 518/ , Ext SB 770 Central Avenue Mr. David Gardner Albany, NY Fax: 518/ PC60957 HOSELTON CHEVROLET, INC. 585/ Fairport Road Mr. Richard Perry E. Rochester, NY Fax: 585/ rickp@hoselton.com Web: PC60958 HOSELTON CHRYSLER, INC 585/ Marsh Road Mr. Richard Perry E. Rochester, NY Fax: 585/ rickp@hoselton.com Web: PC60959 LANGAN CHRYSLER/JEEP 800/ SB 2240 Central Avenue 518/ , Ext. 260 Schenectady, NY Mr. Mark Monroe Fax: 518/ mmonroe@langanauto.com PC60960 MAJOR CHRYSLER JEEP DODGE, INC. 800/ Northern Blvd. Mr. Brad Badal Long Island City, NY Fax: PC60962 VAN BORTEL FORD, INC. 585/ SB 7325 Route 96 Mr. Josh Relyea WBE Victor, NY Fax: 585/ jrelyea@vanbortelford.com Web:

3 GROUP SPORT UTILITY VEHICLES AWARD PAGE 3 CONTRACT # CONTRACTOR & ADDRESS TELEPHONE # FED.IDENT.# PC60963 WARNOCK AUTOMOTIVE, INC. 877/KOP-KARS, Ext d/b/a Warnock Ford 973/ , Ext Route 10 Mr. Steve Keller East Hanover, NJ Fax: 973/ skeller@warnockauto.com PC60964 WICKER FORD, INC. 518/ SB 1080 Wicker Street Mr. Dennis J. Natale Ticonderoga, NY Fax: 518/ wickerd@nycap.rr.com Web: wickerford.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. RS,RP,RA Recycled RM Remanufactured SW Solid Waste Impact EE Energy Efficient E* EPA Energy Star ES Environmentally Sensitive 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. IMPORTANT NOTE: It is also strongly advised that all contract users FOLLOW-UP WITH THE CONTRACTOR after submitting their purchase order, whether it was submitted by mail or fax. This is to insure that the contractor received and placed your order.

4 GROUP SPORT UTILITY VEHICLES AWARD PAGE 4 GENERAL REQUIREMENTS: (STATE AGENCIES ONLY) Copies of each State agency purchase order must be sent to Ron Ottman in order to facilitate the issuance of a State identification number at the following address: Ron Ottman, Director Office of General Services Division of Statewide Vehicle Management Bldg. #18, State Campus Albany, NY PROCUREMENT PROCEDURES FOR STATE AGENCIES: Although there are multiple vehicles for some items, state agencies should carefully consider all vehicles for the item of interest and select the most cost-effective one for their current and anticipated future program needs. Therefore, when placing orders under this contract, for other than lowest priced vehicles, a memorandum For the Record should be prepared detailing why the vehicle being purchased has been determined to be the most cost effective for current and future needs. PRICE & DELIVERY CHARGES: General - Price includes all customs duties and charges and is net, F.O.B. destination stated by ordering agency (please see also "DAS" below on delivery charge). Price also includes: Vehicle preparation and clean-up charges New York State motor vehicle inspection and all other incidentals normally included with delivery of a vehicle including the manufacturer s fees such as destination charges, etc. All prices being firm for the entire contract period. NO separate, additional delivery charge except for "DAS"- SEE BELOW! DAS (Delivery Allowance Schedule) - All contracts are statewide, regardless of where the contractor is located. Contractors will be required to deliver vehicles anywhere within New York State boundaries. Each contractor will be reimbursed for this delivery. Reimbursement will be dictated by the following Delivery Allowance Schedule (DAS). The DAS indicates the maximum dollar amount that will be paid for delivery from the contractor point of business, to the ordering entities desired location. Only the delivery charges, as noted in DAS below, will be added to the invoice when the vehicle is delivered in accordance with DAS. For Out of State contractors, the Office of General Services, Procurement Services Group, has determined which region is closest to the location of the contractor. The DAS will be used as follows. If the contractor point of business is in Albany (Region 3), and the desired delivery point is in White Plains (Region 5), the delivery charge will be $90. This charge should be added to the invoice. Each contractor will only be concerned with their particular region (i.e., if the contractor point of business is in Region 1, the only row that will be utilized is the first one).

5 GROUP SPORT UTILITY VEHICLES AWARD PAGE 5 PRICE & DELIVERY CHARGES: (Cont'd) These prices will be added to the invoice when the vehicle is delivered. Location of Vendor Delivery to Region Region $60 $90 $150 $175 $205 $270 2 $90 $60 $90 $90 $115 $205 3 $150 $90 $60 $90 $90 $205 4 $175 $90 $90 $60 $175 $260 5 $205 $115 $90 $175 $60 $105 6 $270 $205 $205 $260 $105 $60 Region 1 Region 2 Region 3 Region 4 Region 5 Region 6 Allegany Broome Albany Clinton Dutchess Bronx Cattaraugus Cayuga Columbia Essex Orange Kings Chautauqua Chenango Fulton Franklin Putnam Nassau Chemung Cortland Greene St. Lawrence Rockland New York Erie Delaware Hamilton Sullivan Queens Genesee Herkimer Montgomery Ulster Richmond Livingston Jefferson Rensselaer Westchester Suffolk Monroe Lewis Saratoga (State of New Niagara Madison Schenectady Jersey) Ontario Oneida Schoharie Orleans Onondaga Warren Schuyler Oswego Washington Seneca Otsego Steuben Tioga Wayne Tompkins Wyoming Yates

6 GROUP SPORT UTILITY VEHICLES AWARD PAGE 6 ITEM 1A 5-PASSENGER COMPACT SPORT UTILITY VEHICLE, 4x2, 4DOOR Make and Model of Vehicle: JEEP LIBERTY (KJTH74) 4 DOOR SPORT 4x2 NOT AVAILABLE ITEM 1B 5-PASSENGER COMPACT SPORT UTILITY VEHICLE, 4x2, 4DOOR Make and Model of Vehicle: FORD ESCAPE (U02) 4 DOOR XLS 4x2 NOT AVAILABLE

7 GROUP SPORT UTILITY VEHICLES AWARD PAGE 7 ITEM 2 5-PASSENGER COMPACT SPORT UTILITY VEHICLE, 4x4, 4DOOR Make and Model of Vehicle: JEEP LIBERTY (KJJH74) 4 DOOR SPORT 4x4 $14, plus DAS* Discount on Options 38%** 120 days A/R/O 3.7L V6 Engine Rear Window Defogger 4 Speed Automatic Transmission 4-Wheel Anti-Lock Brakes Cloth High-Back Front Reclining Bucket Seats Air Conditioning Note: A LISTING OF STANDARD AND AVAILABLE OPTIONS CAN BE FOUND AT: CONTRACTOR, ITEM 2: LANGAN CHRYSLER/JEEP DAS REGION: 3 (Albany County) ITEM 3A 5-PASSENGER SPORT UTILITY VEHICLE, 4x2, 4DOOR Make and Model of Vehicle: JEEP GRAND CHEROKEE (WJTH74) 4 DOOR LAREDO, 4x2 $16, plus DAS* Discount on Options 10%** 100 days A/R/O 4.0L (242) I6 "Power Tech" Engine Rear Window Defogger 4 Speed Automatic Transmission 4-Wheel Anti-Lock Brakes Cloth High-Back Front Bucket Seats GVWR 5150 Air Conditioning Full Size Spare Tire and Wheel Note: A LISTING OF STANDARD AND AVAILABLE OPTIONS CAN BE FOUND AT: CONTRACTOR, ITEM 3A: HOSELTON CHRYSLER, INC. DAS REGION: 1 (Monroe County) *Add delivery charge to price. (See pages 4&5 for explanation of DAS [Delivery Allowance Schedule] to determine delivery charge). **This discount will be applied to the Manufacturer's Suggested Retail Price (MSRP) of all options.

8 GROUP SPORT UTILITY VEHICLES AWARD PAGE 8 ITEM 3B 5-PASSENGER SPORT UTILITY VEHICLE, 4x2, 4DOOR Make and Model of Vehicle: CHEVROLET BLAZER (CS10506) 4 DOOR LS 4x2 $16, plus DAS* Discount on Options 17%** 100 days A/R/O Vortec 4300 V6 MFI Engine Rear Window Defogger 4 Speed Automatic Transmission 4-Wheel Anti-Lock Brakes Cloth 60/40 Split Front Bench Seat GVRW 5000 Air Conditioning Full Size Spare Tire and Wheel Note: A LISTING OF STANDARD AND AVAILABLE OPTIONS CAN BE FOUND AT: CONTRACTOR, ITEM 3B: HOSELTON CHEVROLET, Inc. DAS REGION: 1 (Monroe County) ITEM 4A 5-PASSENGER SPORT UTILITY VEHICLE, 4x4, 4DOOR Make and Model of Vehicle: JEEP GRAND CHEROKEE (WJJH74) 4 DOOR LAREDO, 4x4 $17, plus DAS* Discount on Options 10%** 100 days A/R/O 4.0L (242) I6 "Power Tech" Engine Rear Window Defogger 4 Speed Automatic Transmission 4-Wheel Anti-Lock Brakes Cloth High-Back Front Bucket Seats GVWR 5400 Air Conditioning Full Size Spare Tire and Wheel Note: A LISTING OF STANDARD AND AVAILABLE OPTIONS CAN BE FOUND AT: CONTRACTOR, ITEM 4A: HOSELTON CHRYSLER, INC. DAS REGION: 1 (Monroe County) *Add delivery charge to price. (See pages 4&5 for explanation of DAS [Delivery Allowance Schedule] to determine delivery charge). **This discount will be applied to the Manufacturer's Suggested Retail Price (MSRP) of all options.

9 GROUP SPORT UTILITY VEHICLES AWARD PAGE 9 ITEM 4B 5-PASSENGER SPORT UTILITY VEHICLE, 4x4, 4DOOR Make and Model of Vehicle: CHEVROLET BLAZER (CT10506) 4 DOOR LS 4x4 $18, plus DAS* Discount on Options 17%** 100 days A/R/O Vortec 4300 V6 MFI Engine Rear Window Defogger 4 Speed Automatic Transmission 4-Wheel Anti-Lock Brakes Cloth 60/40 Split Front Bench Seat GVRW 5350 Air Conditioning Full Size Spare Tire and Wheel Note: A LISTING OF STANDARD AND AVAILABLE OPTIONS CAN BE FOUND AT: CONTRACTOR, ITEM 4B: HOSELTON CHEVROLET, Inc. DAS REGION: 1 (Monroe County) ITEM 5A 6-PASSENGER MID-SIZE SPORT UTILITY VEHICLE, 4x2, 4DOOR Make and Model of Vehicle: DODGE DURANGO (HB1H74) 4 DOOR SLT, 4x2 $22, plus DAS* Discount on Options 8%** 120 days A/R/O 3.7L (226) SOHC SMPI I6 "Magnum" Engine Rear Window Defroster 4 Speed Automatic Transmission 4-Wheel Anti-Lock Brakes Cloth High-Back Front Bucket Seats 2nd Row 40/20/40 Split Bench Seat 3rd Row Bench Seat GVWR 6400 Air Conditioning Full Size Spare Tire and Wheel Note: A LISTING OF STANDARD AND AVAILABLE OPTIONS CAN BE FOUND AT: CONTRACTOR, ITEM 5A: ALBANY DODGE, INC. DAS REGION: 3 (Albany County) *Add delivery charge to price. (See pages 4&5 for explanation of DAS [Delivery Allowance Schedule] to determine delivery charge). **This discount will be applied to the Manufacturer's Suggested Retail Price (MSRP) of all options.

10 GROUP SPORT UTILITY VEHICLES AWARD PAGE 10 ITEM 5B 6-PASSENGER MID-SIZE SPORT UTILITY VEHICLE, 4x2, 4DOOR Make and Model of Vehicle: FORD EXPEDITION (U13) 4 DOOR XLS 4x2 $23, plus DAS* Discount on Options 14.50%** 130 days A/R/O 4.6L (281) SOHC SEFI V8 "Triton" Engine Rear Window Defogger 4 Speed Automatic Transmission 4-Wheel Anti-Lock Brakes Cloth 60/40 Split Front Bench Seat 2nd Row 40/20/40 Split Bench Seat 3rd Row 60/40 Split Bench Seat GVRW 6900 Air Conditioning Full Size Spare Tire and Wheel Note: A LISTING OF STANDARD AND AVAILABLE OPTIONS CAN BE FOUND AT: CONTRACTOR, ITEM 5B: WARNOCK AUTOMOTIVE, Inc. DAS REGION: Use Region 6 d/b/a WARNOCK FORD ITEM 6A 6-PASSENGER MID-SIZE SPORT UTILITY VEHICLE, 4x4, 4DOOR Make and Model of Vehicle: DODGE DURANGO (HB5H74) 4 DOOR SLT, 4x4 $23, plus DAS* Discount on Options 5%** 120 days A/R/O 4.7L (287) SOHC SMPI V6 "Magnum" Engine Rear Window Defroster 5 Speed Automatic Transmission 4-Wheel Anti-Lock Brakes Cloth High-Back Front Bucket Seats 2nd Row 40/20/40 Split Bench Seat 3rd Row Bench Seat GVWR 6600 Air Conditioning Full Size Spare Tire and Wheel Skid Plate Note: A LISTING OF STANDARD AND AVAILABLE OPTIONS CAN BE FOUND AT: CONTRACTOR, ITEM 6A: MAJOR CHRYSLER JEEP DODGE, INC. DAS REGION: 6 (Queens County) *Add delivery charge to price. (See pages 4&5 for explanation of DAS [Delivery Allowance Schedule] to determine delivery charge). **This discount will be applied to the Manufacturer's Suggested Retail Price (MSRP) of all options.

11 GROUP SPORT UTILITY VEHICLES AWARD PAGE 11 ITEM 6B 6-PASSENGER MID-SIZE SPORT UTILITY VEHICLE, 4x4, 4DOOR Make and Model of Vehicle: FORD EXPEDITION (U14) 4 DOOR XLS 4x4 $25, plus DAS* Discount on Options 11%** 90 days A/R/O 4.6L (281) SOHC SEFI V8 "Triton" Engine Rear Window Defogger 4 Speed Automatic Transmission 4-Wheel Anti-Lock Brakes Cloth 60/40 Split Front Bench Seat 2nd Row 40/20/40 Split Bench Seat 3rd Row 60/40 Split Bench Seat GVRW 7300 Air Conditioning Full Size Spare Tire and Wheel Off Road Underbody Shield Package Note: A LISTING OF STANDARD AND AVAILABLE OPTIONS CAN BE FOUND AT: CONTRACTOR, ITEM 6B: WICKER FORD, INC. DAS REGION: 4 (Essex County) ITEM 7A 9-PASSENGER FULL-SIZE SPORT UTILITY VEHICLE, 4x2, 4DOOR Make and Model of Vehicle: CHEVROLET SUBURBAN (CC25906) 4 DOOR, 2500 LS 4x2 $27, plus DAS* Discount on Options 17%** 100 days A/R/O Vortec 6000 V8 (325hp) Engine Rear Window Defogger 4 Speed Automatic Transmission 4-Wheel Anti-Lock Brakes Cloth 40/20/40 Front Split Bench Seat 2nd Row 60/40 Split Folding Bench Seat 3rd Row Bench Seat GVWR 8600 Air Conditioning Full Size Spare Tire and Wheel Note: A LISTING OF STANDARD AND AVAILABLE OPTIONS CAN BE FOUND AT: CONTRACTOR, ITEM 7A: HOSELTON CHEVROLET, INC. DAS REGION: 1 (Monroe County) *Add delivery charge to price. (See pages 4&5 for explanation of DAS [Delivery Allowance Schedule] to determine delivery charge). **This discount will be applied to the Manufacturer's Suggested Retail Price (MSRP) of all options.

12 GROUP SPORT UTILITY VEHICLES AWARD PAGE 12 ITEM 7B 9-PASSENGER FULL-SIZE SPORT UTILITY VEHICLE, 4x2, 4DOOR Make and Model of Vehicle: FORD EXCURSION (U40) 4 DOOR XLS 4x2 NOT AVAILABLE ITEM 8A 9-PASSENGER FULL-SIZE SPORT UTILITY VEHICLE, 4x4, 4DOOR Make and Model of Vehicle: CHEVROLET SUBURBAN (CK25906) 4 DOOR, 2500 LS 4x4 $29, plus DAS* Discount on Options 17%** 100 days A/R/O Vortec 6000 V8 (325hp) Engine Rear Window Defogger 4 Speed Automatic Transmission 4-Wheel Anti-Lock Brakes Cloth 40/20/40 Front Split Bench Seat 2nd Row 60/40 Split Folding Bench Seat 3rd Row Bench Seat GVWR 8600 Air Conditioning Full Size Spare Tire and Wheel Note: A LISTING OF STANDARD AND AVAILABLE OPTIONS CAN BE FOUND AT: CONTRACTOR, ITEM 8A: HOSELTON CHEVROLET, INC. DAS REGION: 1 (Monroe County) ITEM 8B 9-PASSENGER FULL-SIZE SPORT UTILITY VEHICLE, 4x4, 4DOOR Make and Model of Vehicle: FORD EXCURSION (U41) 4 DOOR XLS 4x4 NOT AVAILABLE *Add delivery charge to price. (See pages 4&5 for explanation of DAS [Delivery Allowance Schedule] to determine delivery charge). **This discount will be applied to the Manufacturer's Suggested Retail Price (MSRP) of all options.

13 GROUP SPORT UTILITY VEHICLES AWARD PAGE 13 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 or services have been satisfactorily performed. 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 number, description of product or service, 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 for prompt payment. If the contract terms indicate political subdivisions and others authorized by law are allowed to participate, those entities 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. See "Contract Billings" in Appendix B, OGS General Specifications. 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

14 GROUP SPORT UTILITY VEHICLES AWARD PAGE 14 NOTE TO CONTRACTOR: This Contract Award Notification is not an order. Do not take any action under this contract except on the basis of purchase order(s) from the agency or agencies. NOTE TO AGENCY: When placing purchase orders against the contract(s) please forward the "Procurement Services Group Copy" of the purchase order to: Senior Mechanical Inspector - OGS Procurement Services Group, 37th Floor Tower Bldg., Empire State Plaza - Albany, NY PSG's DISPUTE RESOLUTION POLICY: It is the policy of the Office of General Services Procurement Services Group (PSG) to provide vendors with an opportunity to administratively resolve disputes, complaints or inquiries related to PSG bid solicitations or contract awards. PSG encourages vendors to seek resolution of disputes through consultation with PSG staff. All such matters will be accorded impartial and timely consideration. Interested parties may also file formal written disputes. A copy of PSG s Dispute Resolution Procedures for Vendors may be obtained by contacting the person shown on the front of this document or through the OGS website ( Click on "For Government - Contracts and Purchasing," then "Seller Information," then "Dispute Resolution Procedures for Vendors." 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: 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.

15 GROUP SPORT UTILITY VEHICLES AWARD PAGE 15 CONTRACT UPGRADES: Contract upgrades are both allowed and covered under this contract. Upgrades can be made to the base contract ITEM under the following conditions: 1. Upgrades will be covered as contract purchases as long as the vehicle series does not change. Example of acceptable upgrades include LX to SE. Example of unacceptable upgrades include 2WD to 4WD. Upgrades have been taken into account in the estimated options dollar values. The cost of the upgrade will be calculated by taking the difference in the MSRP and applying the bid discount for that ITEM. However, if the upgrade includes an ITEM that was required by the specification, its cost (As noted in PC Carbook) must be deducted from the upgrade. Example: The specification called for a Chevrolet Trailblazer LS and required a cruise control, a $250 option. If this vehicle is upgraded to an LT, the MSRP difference is $2,500. However, the cruise control is included with this upgrade. The cost of the cruise control must be deducted from this. That would make the cost of the upgrade $2,250 minus the discount. 2. Any questions as to whether an upgrade is allowed should be directed to the Office of General Services, Procurement Services Group. INVOICING: Invoices must be detailed and include all of the following information. 1. Notice of Contract Award Number 2. Contract Number 3. Purchase Order Number 4. Item Number 5. Line Item Breakdown of All Charges All of this information must be included on the invoice when the vehicle is delivered. If options are purchased, they must be listed separately, line by line on the same invoice as the vehicle. Delivery charges (if applicable), only as listed in the Delivery Allowance Schedule (DAS), must also be listed separately. Delivery charges above and beyond that listed in the DAS will NOT be permitted. Failure to comply with these instructions may result in lengthy payment delays. Contract users are instructed not to process invoices without the above information. DELIVERY: Time is of the essence in regard to the delivery of the vehicles. Product is required as soon as possible. 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.

16 GROUP SPORT UTILITY VEHICLES AWARD PAGE 16 DEFAULT ON DELIVERY: If during the contract period, the vehicles become unavailable or cannot be supplied for any reason (except as provided for in the Savings Clause of the General Specifications), a vehicle deemed by Office of General Services, Procurement Services Group to be equal, must be supplied. If a substitute is not available or acceptable, then a similar vehicle from the next model year will be supplied at the same price. In addition, the order may be canceled and the vehicle purchased from other sources, and the contractor will reimburse the agency for all excess costs over the contract price. The defaulting contractor's responsibility may be in question upon receiving future contracts. WARRANTIES: See "Warranties" in Appendix B, OGS General Specifications. Normal wear and tear items will be warranted in accordance with Manufacturer's Standard Warranty. Product literature and specifications must also be available. Where accessories are to be supplied, they must be compatible with the rest of the product. CONTRACT PERIOD: The contract shall commence with the date of award and shall terminate upon the manufacturers production build-out date or depletion of all stocks, whichever occurs last. Contractors will notify the Office of General Services, in writing, of the manufacturer's production build-out date. Such notification must be submitted immediately upon the contractor being notified by the manufacturer. Notwithstanding the foregoing, this agreement shall be terminated by the issuance of a contract award for the same or substitute commodity for the next applicable contract period. Prices or discounts quoted are firm for the entire period of the contract. Price escalation or discount reduction will not be allowed. Price decreases or 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. 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 Sold To 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.

17 GROUP SPORT UTILITY VEHICLES AWARD PAGE 17 "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. 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. MANUFACTURER COMMITMENT: Upon request, the vendor shall submit an executed commitment letter from the manufacturer establishing, for the record, the terms and conditions of the vendor s supply of the vehicles including a statement from the identified manufacturer verifying that vendor will be supplied with vehicles as bid. Failure to furnish such commitment letter may constitute, in the Commissioner s discretion, full and adequate grounds for rejection, and/or cancellation of the bid/award. LIQUIDATED DAMAGES: In the event of a delay or default in any delivery, providing such delay or default is directly attributable to the contractor, the agency shall be entitled to and shall assess against the contractor as liquidated damages and not by way of penalty, a sum calculated as follows: Ten dollars per day per vehicle to compensate for delay, and other loses, detriments 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 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 OF THE ESSENCE IN REGARD TO DELIVERY OF THE VEHICLES. Liquidated damages, if assessed, shall be deducted from the purchase order price for each vehicle delivered against such purchase order. ORDERING INFORMATION: Purchase orders shall be placed with the contractor. All matters pertaining to registration and licensing are the responsibility of the ordering agency. Agencies may add or delete equipment to obtain a vehicle that will best suit their needs.

18 GROUP SPORT UTILITY VEHICLES AWARD PAGE 18 CONDITION ON DELIVERY: Each vehicle shall be completely serviced. The servicing program shall include not less than the following: engine tune-up, lubrication, wheel alignment, front wheel balancing, wiring check, body conditioning and all other inspections and tests normally performed on a new vehicle. If a vehicle is delivered with minor deviations or improper servicing, the contractor must arrange to have the necessary work done within 48 hours (exclusive of Saturdays, Sundays and Holidays) after receipt of written notification from the agency and/or the Office of General Services. Otherwise, the corrections shall be made at contractor s expense. No name other than the manufacturer s shall appear on the vehicle. At point of acceptance the vehicle odometer reading shall not exceed, in miles, the distance between the contractors place of business and the point of delivery plus 50 miles. Any vehicle exceeding these terms in miles will be charged $5.00 for each mile up to 100 miles and $10.00 per mile for each mile over 100 miles. This charge shall be deducted from the purchase order price for each vehicle delivered against each purchase order. Vehicles exceeding the aforementioned miles by more than 300 miles may be rejected. SERVICE: Service by authorized dealers, must be available within New York State. Prior to delivery, each vehicle shall be completely serviced by the contractor or by an authorized dealer of the manufacturer in a service shop within New York State. Service shall include not less than the following: Lubrication; wash; engine tune-up; wheel alignment; body condition and all other checks and adjustments required for proper complete servicing of a new vehicle. It shall be the contractor s responsibility to insure that all equipment is properly installed. BASIC WARRANTY: The manufacturer s standard warranty will apply. Warranty shall be honored by all manufacturer s dealers in New York State. The warranty period for all coverage shall begin on the date vehicle is accepted or put in service, whichever occurs last. Agency will notify contractor the date vehicle is placed in service and odometer reading. OPERATORS MANUAL: The contractor shall furnish one operator's manual with each vehicle. COMPLIANCE WITH MOTOR VEHICLE REGULATIONS: Each vehicle delivered shall comply with all applicable laws and regulations of the New York State and the Federal Government in effect on the date of manufacture. EQUIPMENT: All items of standard equipment which are normally provided by the manufacturer shall be furnished unless such items are expressly deleted or are specified to be other than standard. When optional equipment is specified, all components listed in the manufacturer's data book is being included with the optional equipment must be provided. All equipment must be OEM factory installed if available. All Sport Utility Vehicles must include all standard equipment and equipment listed on item pages. NOTE: When a particular vehicle make and model is ordered, everything that normally is provided with that make and model must be included, regardless of whether the specification calls for the item or not. Example: If a Chevrolet Trailblazer CT15506 is ordered, all standard equipment that the CT15506 has must be included. If the CT15506 comes with speed control, then it must be included with the bid. Speed control can not be deleted because it was not required by the specifications.

19 GROUP SPORT UTILITY VEHICLES AWARD PAGE 19 ADVERTISING: Any contractor advertisements, promotional literature and/or contract description(s) of contract awards must be reviewed and approved by the Office of General Services, Procurement Services Group prior to issuance. DISCOUNT ON OPTIONS: It is expected that contract users will purchase options for these vehicles. A discount from the Manufacturer s Suggested Retail Price (MSRP), is given for all options sold under this contract. Upon request, contractors are required to give the contract users a copy of the Manufacturer s Suggested Retail Price for options not specified in the contract. PLEASE NOTE: The "Manufacturer's Suggested Retail Price" includes, but is not limited to, the vehicle manufacturer. DELETING OPTIONS FROM THE SPECIFIED VEHICLE: It is anticipated that contract users may delete equipment that has been required in the specification. To this extent, contractors will be required to honor all such deletions unless such deletion is not recommended by the manufacturer. When equipment is being deleted, the contractor must give the full cost (invoice price) of the item, as shown in the PC car book. If the item is not in the PC car book, the contractor must provide documentation showing the contractor s cost for the item. EMISSIONS CONTROLS: Vehicles and engines shall comply with all applicable Federal, State and Local laws and regulations in effect on the date of manufacture. DMV INSPECTION: All vehicles must be delivered with complete NYS Inspections. In the event that a vehicle is delivered uninspected, $100 will be deducted from the invoice by the agency to cover the cost of the inspection and to compensate for time. AVAILABILITY: Vehicles may be sold from existing stock if they are in compliance with the contract specifications and pricing. In no way should options be added to these vehicles without the consent of the ordering entity. In all cases option pricing should be in accordance with contract requirements. NOTE: Contractors should not pre-order vehicles for the contract with options or option packages not typically purchased under this contract. Contract users are encouraged to contact the Office of General Services, Procurement Services Group if they are being asked to purchase elaborately optioned vehicles from pre-existing stock in lieu of normal contract vehicles. RECALLS The contractor must immediately notify the Office of General Services, Procurement Services Group of any recalls pertaining to contract vehicles. NOTE: Ford Motor Company FIN Code Number: New York State and Ford Motor Company have reached an understanding regarding Ford's FIN Code requirements. For further information, please contact Terry Ryan, Government Sales Manager, Ford Motor Company at (313)

20 GROUP SPORT UTILITY VEHICLES AWARD PAGE 20 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 * * * * *