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19937p16.doc/T05pr New York State Office Of General Services Procurement Services Group Corning Tower Building Empire State Plaza Albany, New York 12242 http://www.ogs.state.ny.us PURCHASING MEMORANDUM CONTRACT AWARD NOTIFICATION UPDATE AWARD NUMBER: 19937 DATE: April 4, 2008 PLEASE ADDRESS INQUIRIES TO: GROUP: 40603 – WHEEL LOADER STATE AGENCIES & CONTRACTORS (Statewide) Patrick Rohloff Purchasing Officer I (518) 474-3856 [email protected] CONTRACT PERIOD: February 13, 2006 - October 31, 2008 OTHER AUTHORIZED USERS Customer Services (518) 474-6717 CONTRACTOR: JCB, Inc. [email protected] CONTRACT NO.: PC62321 SUBJECT: CONTACT UPDATE TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS : Note the following contact update for the above contractor. Nigel Stansfield (contact) 912/447-2053 (Phone) 912/447-2246 (Fax) [email protected] (email) All other terms and conditions of the contract remain the same. Please attach this to the term contract.
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Page 1: 40603 19937 {History} Wheel Loaders, Statewideogs.state.ny.us/purchase/snt/awardnotes/4060319937a.pdfGROUP 40603 – WHEEL LOADERS (Statewide) PAGE 2 19937p15.doc/T05blm Note the following

19937p16.doc/T05pr

New York State Office Of General Services

Procurement Services Group Corning Tower Building

Empire State Plaza Albany, New York 12242 http://www.ogs.state.ny.us

PURCHASING MEMORANDUM

CONTRACT AWARD NOTIFICATION UPDATE AWARD NUMBER: 19937 DATE: April 4, 2008 PLEASE ADDRESS INQUIRIES TO: GROUP: 40603 – WHEEL LOADER STATE AGENCIES & CONTRACTORS (Statewide) Patrick Rohloff Purchasing Officer I (518) 474-3856 [email protected] CONTRACT PERIOD: February 13, 2006 - October 31, 2008 OTHER AUTHORIZED USERS Customer Services (518) 474-6717 CONTRACTOR: JCB, Inc. [email protected] CONTRACT NO.: PC62321 SUBJECT: CONTACT UPDATE TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS: Note the following contact update for the above contractor.

Nigel Stansfield (contact) 912/447-2053 (Phone)

912/447-2246 (Fax) [email protected] (email)

All other terms and conditions of the contract remain the same. Please attach this to the term contract.

Page 2: 40603 19937 {History} Wheel Loaders, Statewideogs.state.ny.us/purchase/snt/awardnotes/4060319937a.pdfGROUP 40603 – WHEEL LOADERS (Statewide) PAGE 2 19937p15.doc/T05blm Note the following

(Continued) 19937p15.doc/T05blm

New York State Office Of General Services

Procurement Services Group Corning Tower Building

Empire State Plaza Albany, New York 12242 http://www.ogs.state.ny.us

PURCHASING MEMORANDUM

CONTRACT AWARD NOTIFICATION UPDATE AWARD NUMBER: 19937 DATE: October 18, 2007 PLEASE ADDRESS INQUIRIES TO: GROUP: 40603 – WHEEL LOADERS STATE AGENCIES & CONTRACTORS (Statewide) Beverly L. Moore Purchasing Officer I (518) 474-3856 [email protected] CONTRACT PERIOD: February 13, 2006 - October 31, 2008 OTHER AUTHORIZED USERS Customer Services (518) 474-6717 CONTRACTORS/ [email protected] CONTRACT NOS.: George and Swede Sales & Service PC62382 Hoffman Equipment Inc. PC62320 Monroe Tractor & Impl. Co. Inc. PC62322 Pine Bush Equipment Co. PC62323 S.C. Hansen Inc. PC62324 Vantage Equipment LLC PC62326 SUBJECT: PRICE LIST REVISION & MODELS AVAILABLE TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS: Note the following Price List updates and Models Available that will become effective November 1, 2007. GEORGE AND SWEDE SALES & SERVICE INC. Manufacturer’s Price List & Number: Wheel Loader & Associated Accessory/Option Equipment Hyundai “The Big Book”, Dated July 1, 2007

Contract Models Available:

HL730-7 HL 740-7 HL757-7 HL760-7 HL730 XTD HL740 TM-7 HL757 TM HL760 XTD HL740 XTD HL757 XTD

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GROUP 40603 – WHEEL LOADERS (Statewide) PAGE 2

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Note the following Price List updates and Models Available that will become effective November 1, 2007. HOFFMAN EQUIPMENT INC. MONROE TRACTOR & IMPLEMENT CO., INC. PINE BUSH EQUIPMENT CO., INC. S.C. HANSEN INC.

Manufacturer’s Price List & Number: Wheel Loader PL-200 CE Revision 45, Dated October 1, 2007

Wheel Loader Associated Accessory/Option Equipment: PL-200 CE Revision 45, Dated October 1, 2007 PL-200 AA Revision 27, Dated October 17, 2007

Contract Models Available:

621E 721E 821E VANTAGE EQUIPMENT, LLC.

Manufacturer’s Price List & Number: Wheel Loader & Associated Accessory/Option Equipment Equipment Price List, Dated January 1, 2007

Contract Models Available:

L25B L30B L35B L40B L45B Manufacturer’s Price List & Number: Wheel Loader & Associated Accessory/Option Equipment Equipment Price List, Dated July 1, 2007

Contract Models Available:

L60F L70F L90F L110F L120F All other terms and conditions remain the same.

Please attach this memorandum to your copy of the contract award.

* * * *

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19937p14.doc/T05blm

New York State Office Of General Services

Procurement Services Group Corning Tower Building

Empire State Plaza Albany, New York 12242 http://www.ogs.state.ny.us

PURCHASING MEMORANDUM

CONTRACT AWARD NOTIFICATION UPDATE AWARD NUMBER: 19937 DATE: May 29, 2007 PLEASE ADDRESS INQUIRIES TO: GROUP: 40603 – WHEEL LOADER STATE AGENCIES & CONTRACTORS (Statewide) Beverly L. Moore Purchasing Officer I (518) 474-3856 [email protected] CONTRACT PERIOD: February 13, 2006 - October 31, 2008 OTHER AUTHORIZED USERS Customer Services (518) 474-6717 CONTRACTORS/: [email protected] CONTRACT NOS.: George & Swede Sales & Service, Inc. PC62382 JCB Inc. PC62321 SUBJECT: ADDRESS, PHONE NUMBER or CONTACT UPDATES TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS: Note the following address and phone numbers update for the above contractors.

George & Swede Sales & Service Inc. 7155 Big Tree Road Pavilion, NY 14525 JCB Inc. Ms. Leemun Penick 912/447-2054 (phone) Remove number 912/447-2023 (voice) E-Mail: [email protected]

All other terms and conditions of the contract remain the same. Please attach this to the term contract.

* * * * * *

Page 5: 40603 19937 {History} Wheel Loaders, Statewideogs.state.ny.us/purchase/snt/awardnotes/4060319937a.pdfGROUP 40603 – WHEEL LOADERS (Statewide) PAGE 2 19937p15.doc/T05blm Note the following

19937p13.doc/T05blm

New York State Office Of General Services

Procurement Services Group Corning Tower Building

Empire State Plaza Albany, New York 12242 http://www.ogs.state.ny.us

PURCHASING MEMORANDUM

CONTRACT AWARD NOTIFICATION UPDATE AWARD NUMBER: 19937 DATE: May 25, 2007 PLEASE ADDRESS INQUIRIES TO: GROUP: 40603 – WHEEL LOADER STATE AGENCIES & CONTRACTORS (Statewide) Beverly L. Moore Purchasing Officer I (518) 474-3856 [email protected] CONTRACT PERIOD: February 13, 2006 - October 31, 2008 OTHER AUTHORIZED USERS Customer Services (518) 474-6717 CONTRACTOR: Westchester Tractor Inc. [email protected] CONTRACT NO.: PC63015 SUBJECT: ADDRESS & PHONE NUMBERS UPDATE TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS: Note the following address and phone numbers update for the above contractor.

WESTCHESTER TRACTOR INC. 60 International Blvd. Brewster, NY 10509 845/278-7766 (Phone) 845/278-4431 (Fax)

All other terms and conditions of the contract remain the same. Please attach this to the term contract.

* * * * * *

Page 6: 40603 19937 {History} Wheel Loaders, Statewideogs.state.ny.us/purchase/snt/awardnotes/4060319937a.pdfGROUP 40603 – WHEEL LOADERS (Statewide) PAGE 2 19937p15.doc/T05blm Note the following

19937p12.doc/T05blm

New York State Office Of General Services

Procurement Services Group Corning Tower Building

Empire State Plaza Albany, New York 12242 http://www.ogs.state.ny.us

PURCHASING MEMORANDUM

CONTRACT AWARD NOTIFICATION UPDATE AWARD NUMBER: 19937 DATE: May 16, 2007 PLEASE ADDRESS INQUIRIES TO: GROUP: 40603 – WHEEL LOADER STATE AGENCIES & CONTRACTORS (Statewide) Beverly L. Moore Purchasing Officer I (518) 474-3856 [email protected] CONTRACT PERIOD: February 13, 2006 - October 31, 2008 OTHER AUTHORIZED USERS Customer Services (518) 474-6717 CONTRACTOR: Tracey Road Equipment Inc. [email protected] CONTRACT NO.: PC62325 SUBJECT: CONTRACT ASSIGNMENT TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS: The contract with TRACEY ROAD EQUIPMENT INC. has been partially assigned to the following companies. Please note that contract coverage has been determined by county. CONTRACT # CONTRACTOR & ADDRESS TELEPHONE # FED.IDENT.#

PC63012 CAPITAL TRACTOR, INC. 518/692-9611 141742773 SB 1135 State Route 29 Mr. Jamey Gibson Greenwich, NY 12834 Fax: 518/692-2210 E-mail: [email protected] Website: www.capitaltractorinc.com Contract users interested in a New Holland Wheel Loader in these counties (Albany, Columbia, Essex, Fulton, Greene, Hamilton, Montgomery, Rensselaer, Saratoga, Schenectady, Schoharie, Warren and Washington) should address all inquiries to Capital Tractor, Inc.

(Continued)

Page 7: 40603 19937 {History} Wheel Loaders, Statewideogs.state.ny.us/purchase/snt/awardnotes/4060319937a.pdfGROUP 40603 – WHEEL LOADERS (Statewide) PAGE 2 19937p15.doc/T05blm Note the following

GROUP 40603 – WHEEL LOADER (Statewide) PAGE 2

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CONTRACT # CONTRACTOR & ADDRESS TELEPHONE # FED.IDENT.#

PC63013 LAND POWER EQUIPMENT LLC 631/864-6464 651209354 SB d/b/a TRUCKLOADERS Mr. Stu Freeman 865 W. Jericho Tpk. Fax: 631/864-3255 Smithtown, NY 11787 E-mail: [email protected] Website: www.truckloaders.com Contract users interested in a New Holland Wheel Loader in these counties (Bronx, Kings, Nassau, New York, Queens, Richmond and Suffolk) should address all inquiries to Land Power Equipment LLC. PC63014 NIAGARA FRONTIER EQUIPMENT 800/348-3218, Ext. 19 161302268 SB SALES, INC. 716/434-2000, Ext. 19 4060 Lake Avenue Mr. Keith Hetrick, Jr. Lockport, NY 14094 Fax: 716/434-5034 E-mail: [email protected] Contract users interested in a New Holland Wheel Loader in these counties (Alleghany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans, Wyoming) should address all inquiring to Niagara Frontier Equipment Sales, Inc. PC62325 TRACEY ROAD EQUIPMENT, INC. 800/872-2390 161058204 6803 Manlius Center Road 315/437-1471 E. Syracuse, NY 13057 Mr. David Kreis Fax: 315/437-4041 E-mail: [email protected] Website: www.traceyroad.com Contract users interested in a New Holland Wheel Loader in these counties (Broome, Cayuga, Chemung, Chenango, Clinton, Cortland, Delaware, Franklin, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Oneida, Onondaga, Ontario, Oswego, Otsego, St. Lawrence, Schuyler, Seneca, Steuben, Tioga, Tompkins, Wayne and Yates) should address all inquiries to Tracey Road Equipment, Inc. PC63015 WESTCHESTER TRACTOR, INC. 914/232-7746 132858396 SB 14 Meadow Street Mr. John Apple Goldens Bridge, NY 10526 Fax: 914/232-4129 E-mail: [email protected] Website: www.wtractor.com Contract users interested in a New Holland Wheel Loader in these counties (Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster, Westchester) should address all inquiries to Westchester Tractor, Inc. All other terms and conditions of the contract remain the same. Please attach this to the term contract.

* * * * * *

Page 8: 40603 19937 {History} Wheel Loaders, Statewideogs.state.ny.us/purchase/snt/awardnotes/4060319937a.pdfGROUP 40603 – WHEEL LOADERS (Statewide) PAGE 2 19937p15.doc/T05blm Note the following

19937p11.doc/T05blm

New York State Office Of General Services

Procurement Services Group Corning Tower Building

Empire State Plaza Albany, New York 12242 http://www.ogs.state.ny.us

PURCHASING MEMORANDUM

CONTRACT AWARD NOTIFICATION UPDATE AWARD NUMBER: 19937 DATE: March 19, 2007 PLEASE ADDRESS INQUIRIES TO: GROUP: 40603 – WHEEL LOADER STATE AGENCIES & CONTRACTORS (Statewide) Beverly L. Moore Purchasing Officer I (518) 474-3856 [email protected] CONTRACT PERIOD: February 13, 2006 - October 31, 2008 OTHER AUTHORIZED USERS Customer Services (518) 474-6717 CONTRACTOR: Hedco Equipment Inc. [email protected] CONTRACT NO.: PC62320 SUBJECT: CONTRACT ASSIGNMENT TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS: The contract with HEDCO EQUIPMENT INC. has been assigned to HOFFMAN INTERNATIONAL INC., d/b/a HOFFMAN EQUIPMENT CO. CONTRACT # CONTRACTOR & ADDRESS TELEPHONE # FED.IDENT.#PC62320 HOFFMAN INTERNATIONAL INC. 732/752-3600 222176843 d/b/a HOFFMAN EQUIPMENT CO. Mr. Michael Anderson 300 So. Randolphville Rd. Fax: 732/968-8371 Piscataway, NJ 08855-0669 E-Mail: [email protected] Website: www.hoffmanequip.com

All other terms and conditions of the contract remain the same. Please attach this to the term contract.

Page 9: 40603 19937 {History} Wheel Loaders, Statewideogs.state.ny.us/purchase/snt/awardnotes/4060319937a.pdfGROUP 40603 – WHEEL LOADERS (Statewide) PAGE 2 19937p15.doc/T05blm Note the following

19937p10.doc/T05blm

New York State Office Of General Services

Procurement Services Group Corning Tower Building

Empire State Plaza Albany, New York 12242 http://www.ogs.state.ny.us

PURCHASING MEMORANDUM

CONTRACT AWARD NOTIFICATION UPDATE AWARD NUMBER: 19937 DATE: December 15, 2006 PLEASE ADDRESS INQUIRIES TO: GROUP: 40603 – WHEEL LOADERS STATE AGENCIES & CONTRACTORS (Statewide) Beverly L. Moore Purchasing Officer I (518) 474-3856 [email protected] CONTRACT PERIOD: February 13, 2006 - October 31, 2008 OTHER AUTHORIZED USERS Customer Services (518) 474-6717 CONTRACTOR/ JCB Inc. [email protected] CONTRACT NO.: PC62321 SUBJECT: Contract Update TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS: Note the following update to the above contract.

The following dealers may be contacted for inquires and will accept Purchase Orders on behalf of JCB Inc.

However, all Purchase Orders should be addressed to JCB Inc. 2000 Bamford Blvd., Pooler, GA 31322.

All Invoicing, Remittance and Contract Administration issues will be processed through JCB Inc.

Hoffman Equipment Co. Liftech Handling Inc. Liftech Handling Inc. 178A Morris Avenue 241 Paul Road 6847 Ellicot Drive Holtsville, NY 11742 Rochester, NY 14624 E. Syracuse, NY 13057 Tel: 631/207-2900 Tel: 585/328-6380 Tel: 315/463-7333 Fax: 631/207-2918 Fax: 585/328-3622 Fax: 315/463-6971 Email: [email protected] Email: [email protected] Email: [email protected] Liftech Handling Inc. Liftech Handling Inc. Liftech Handling Inc. 417 Commerce Drive 4381 Walden Avenue 2820 Curry Road Vestal, NY 13850 Lancaster, NY 14086 Schenectady, NY 12303 Tel: 607/775-2744 Tel: 716/684-9040 Tel: 518/356-5923 Fax: 607/644-9349 Fax: 716/684-9044 Fax: 518/356-5892 Email: [email protected] Email: [email protected] Email: [email protected]

(continued)

Page 10: 40603 19937 {History} Wheel Loaders, Statewideogs.state.ny.us/purchase/snt/awardnotes/4060319937a.pdfGROUP 40603 – WHEEL LOADERS (Statewide) PAGE 2 19937p15.doc/T05blm Note the following

GROUP 40603 – WHEEL LOADERS (Statewide) PAGE 2

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A. Montano Co. Inc. Hoffman Equipment Co. Liftech Handling Inc. 571 Route 212 300 South Randolphville Rd. 33B Commerce Avenue Saugerties, NY 12477 Piscataway, NJ 08855 S. Burlington, VT 05403 Tel: 578/247-0206 Tel: 732/752-3600 Tel: 802/864-0306 Fax: 845/247-9321 Fax: 732/968-8371 Fax: 802/864-1826 Email: [email protected] Email: [email protected] Email: [email protected]

All other terms and conditions remain the same.

Please attach this memorandum to your copy of the contract award.

* * * * *

Page 11: 40603 19937 {History} Wheel Loaders, Statewideogs.state.ny.us/purchase/snt/awardnotes/4060319937a.pdfGROUP 40603 – WHEEL LOADERS (Statewide) PAGE 2 19937p15.doc/T05blm Note the following

19937p9.doc/T05blm

New York State Office Of General Services

Procurement Services Group Corning Tower Building

Empire State Plaza Albany, New York 12242 http://www.ogs.state.ny.us

PURCHASING MEMORANDUM

CONTRACT AWARD NOTIFICATION UPDATE AWARD NUMBER: 19937 DATE: November 2, 2006 PLEASE ADDRESS INQUIRIES TO: GROUP: 40603 – WHEEL LOADERS STATE AGENCIES & CONTRACTORS (Statewide) Beverly L. Moore Purchasing Officer I (518) 474-3856 [email protected] CONTRACT PERIOD: February 13, 2006 - October 31, 2008 OTHER AUTHORIZED USERS Customer Services (518) 474-6717 CONTRACTOR/ [email protected] CONTRACT NO.: Monroe Tractor & Impl. Co. Inc. PC62322 SUBJECT: Contract Update TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS: Note the following update to the above contract.

ADD – ‘ERIE” County to the list of counties Monroe Tractor and Implement Co Inc. will service. All other terms and conditions remain the same.

Please attach this memorandum to your copy of the contract award.

Page 12: 40603 19937 {History} Wheel Loaders, Statewideogs.state.ny.us/purchase/snt/awardnotes/4060319937a.pdfGROUP 40603 – WHEEL LOADERS (Statewide) PAGE 2 19937p15.doc/T05blm Note the following

(Continued) 19937p8.doc/T05blm

New York State Office Of General Services

Procurement Services Group Corning Tower Building

Empire State Plaza Albany, New York 12242 http://www.ogs.state.ny.us

PURCHASING MEMORANDUM

CONTRACT AWARD NOTIFICATION UPDATE AWARD NUMBER: 19937 DATE: October 25, 2006 PLEASE ADDRESS INQUIRIES TO: GROUP: 40603 – WHEEL LOADERS STATE AGENCIES & CONTRACTORS (Statewide) Beverly L. Moore Purchasing Officer I (518) 474-3856 [email protected] CONTRACT PERIOD: February 13, 2006 - October 31, 2008 OTHER AUTHORIZED USERS Customer Services (518) 474-6717 CONTRACTORS/ [email protected] CONTRACT NOS.: George and Swede Sales & Service PC62382 Hedco Equipment Inc. PC62320 JCB Inc. PC62321 Monroe Tractor & Impl. Co. Inc. PC62322 Pine Bush Equipment Co. PC62323 S.C. Hansen Inc. PC62324 Tracey Road Equipment PC62325 Vantage Equipment LLC PC62326 SUBJECT: PRICE LIST REVISION & MODELS AVAILABLE TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS: Note the following Price List updates and Models Available that will become effective November 1, 2006.

GEORGE AND SWEDE SALES & SERVICE INC. Manufacturer’s Price List & Number: Wheel Loader & Associated Accessory/Option Equipment Hyundai “The Big Book”, Dated July 1, 2006

Contract Models Available:

HL730-7 HL 740-7 HL757-7 HL760-7 HL730 XTD HL740 TM-7 HL757 TM HL760 XTD HL740 XTD HL757 XTD

Page 13: 40603 19937 {History} Wheel Loaders, Statewideogs.state.ny.us/purchase/snt/awardnotes/4060319937a.pdfGROUP 40603 – WHEEL LOADERS (Statewide) PAGE 2 19937p15.doc/T05blm Note the following

GROUP 40603 – WHEEL LOADERS (Statewide) PAGE 2

19937p8.doc/T05blm

Note the following Price List updates & Model Changes that will become effective November 1, 2006.

JCB INC. Manufacturer’s Price List & Number: Wheel Loader & Associated Accessory/Option Equipment JCB Machine Price, Dated January 1, 2006

Contract Models Available:

407 ZX 411 HT 426 HT 409 ZC 416 HT 426 ZX

HEDCO EQUIPMENT INC. MONROE TRACTOR & IMPLEMENT CO., INC. PINE BUSH EQUIPMENT CO., INC. S.C. HANSEN INC. Manufacturer’s Price List & Number: Wheel Loader PL-200 CE Revision 41, Dated October 16, 2006

Wheel Loader Associated Accessory/Option Equipment: PL-200 CE Revision 41, Dated October 16, 2006 PL-200 AA Revision 26, Dated October 1, 2006

Contract Models Available:

621D 721E 821E

TRACEY ROAD EQUIPMENT Manufacturer’s Price List & Number: Wheel Loader & Associated Accessory/Option Equipment New Holland Price List, Dated October 1, 2006

Contract Model Name Change & Addition:

W130.B W170.B W190B W130.B TC W170.B TC W130.B LR

VANTAGE EQUIPMENT, LLC. Manufacturer’s Price List & Number: Wheel Loader & Associated Accessory/Option Equipment Equipment Price List, Dated January 1, 2006

Contract Models Available:

L25B L30B L35B L40B L45B Manufacturer’s Price List & Number: Wheel Loader & Associated Accessory/Option Equipment Equipment Price List, Dated July 1, 2006

Contract Models Available:

L60E L70E L90E L110E L120E All other terms and conditions remain the same.

Please attach this memorandum to your copy of the contract award.

Page 14: 40603 19937 {History} Wheel Loaders, Statewideogs.state.ny.us/purchase/snt/awardnotes/4060319937a.pdfGROUP 40603 – WHEEL LOADERS (Statewide) PAGE 2 19937p15.doc/T05blm Note the following

19937p7.doc/T05blm

New York State Office Of General Services

Procurement Services Group Corning Tower Building

Empire State Plaza Albany, New York 12242 http://www.ogs.state.ny.us

PURCHASING MEMORANDUM

CONTRACT AWARD NOTIFICATION UPDATE AWARD NUMBER: 19937 DATE: May 2, 2006 PLEASE ADDRESS INQUIRIES TO: GROUP: 40603 – WHEEL LOADERS STATE AGENCIES & CONTRACTORS (Statewide) Beverly L. Moore Purchasing Officer I (518) 474-3856 [email protected] CONTRACT PERIOD: February 13, 2006 - October 31, 2008 OTHER AUTHORIZED USERS Customer Services (518) 474-6717 CONTRACTORS/ [email protected] CONTRACT NOS.: George and Swede Sales & Service PC62382 Hedco Equipment Inc. PC62320 Monroe Tractor & Impl. Co. Inc. PC62322 Pine Bush Equipment Co. PC62323 S.C. Hansen Inc. PC62324 Tracey Road Equipment PC62325 Vantage Equipment LLC PC62326 SUBJECT: Contract Correction – NYS DOT Option Price TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS: Note the following correction to Item 2 of the above contracts.

The cost of the New York State Department of Transportation Option was omitted from the Notice of Contract Award. The price for this option is listed below and is not subject to any discount.

George and Swede Sales & Service $9,354.00 Hedco Equipment Inc. $8,485.00 Monroe Tractor & Impl. Co. Inc. $8,485.00 Pine Bush Equipment Co. $8,485.00 S.C. Hansen Inc. $8,485.00 Tracey Road Equipment $5,657.00 Vantage Equipment LLC $14,305.00 All other terms and conditions remain the same. Please attach this memorandum to your copy of the contract award. These changes will also be included in the May 2, 2006 revision.

http://www.ogs.state.ny.us/purchase/spg/pdfdocs/4060319937ra.pdf

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19937p6.doc/T05blm

New York State Office Of General Services

Procurement Services Group Corning Tower Building

Empire State Plaza Albany, New York 12242 http://www.ogs.state.ny.us

PURCHASING MEMORANDUM

CONTRACT AWARD NOTIFICATION UPDATE AWARD NUMBER: 19937 DATE: March 28, 2006 PLEASE ADDRESS INQUIRIES TO: GROUP: 40603 – WHEEL LOADERS STATE AGENCIES & CONTRACTORS (Statewide) Beverly L. Moore Purchasing Officer I (518) 474-3856 [email protected] CONTRACT PERIOD: February 13, 2006 - October 31, 2008 OTHER AUTHORIZED USERS Customer Services (518) 474-6717 CONTRACTORS/ [email protected] CONTRACT NOS:. Hedco Equipment Inc. PC62320 Monroe Tractor & Impl. Co. Inc. PC62322 Pine Bush Equipment Co. PC62323 S.C. Hansen Inc. PC62324 SUBJECT: Contract Correction – Price List TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS: Note the following correction to the above contracts.

PAGE 7, ITEM 2 PRODUCT LINE - CASE

Wheel Loader Associated Accessory/Option Equipment: PL-200 CE Revision 36, Dated October 1, 2005 PL-200 AA Revision 23, Dated October 1, 2005 (Wheel Loader Attachments Only)

All other terms and conditions remain the same. Please attach this memorandum to your copy of the contract award.

Page 16: 40603 19937 {History} Wheel Loaders, Statewideogs.state.ny.us/purchase/snt/awardnotes/4060319937a.pdfGROUP 40603 – WHEEL LOADERS (Statewide) PAGE 2 19937p15.doc/T05blm Note the following

19937p5.doc/T05blm

New York State Office Of General Services

Procurement Services Group Corning Tower Building

Empire State Plaza Albany, New York 12242 http://www.ogs.state.ny.us

PURCHASING MEMORANDUM

CONTRACT AWARD NOTIFICATION UPDATE AWARD NUMBER: 19937 DATE: March 22, 2006 PLEASE ADDRESS INQUIRIES TO: GROUP: 40603 – WHEEL LOADERS STATE AGENCIES & CONTRACTORS (Statewide) Beverly L. Moore Purchasing Officer I (518) 474-3856 [email protected] CONTRACT PERIOD: February 13, 2006 - October 31, 2008 OTHER AUTHORIZED USERS Customer Services (518) 474-6717 CONTRACTORS/ [email protected] CONTRACT NOS:. Hedco Equipment Inc. PC62320 Monroe Tractor & Impl. Co. Inc. PC62322 Pine Bush Equipment Co. PC62323 S.C. Hansen Inc. PC62324 SUBJECT: Contract Correction – Price List TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS: Note the following correction to the above contracts.

PAGE 7, ITEM 2 PRODUCT LINE - CASE

Wheel Loader Associated Accessory/Option Equipment: PL-200 CE Revision 36, Dated June 1, 2005 PL-200 AA Revision 23, Dated June 1, 2005 (Wheel Loader Attachments Only)

All other terms and conditions remain the same. Please attach this memorandum to your copy of the contract award.

Page 17: 40603 19937 {History} Wheel Loaders, Statewideogs.state.ny.us/purchase/snt/awardnotes/4060319937a.pdfGROUP 40603 – WHEEL LOADERS (Statewide) PAGE 2 19937p15.doc/T05blm Note the following

19937p4.doc/T05blm

New York State Office Of General Services

Procurement Services Group Corning Tower Building

Empire State Plaza Albany, New York 12242 http://www.ogs.state.ny.us

PURCHASING MEMORANDUM

CONTRACT AWARD NOTIFICATION UPDATE AWARD NUMBER: 19937 DATE: March 15, 2006 PLEASE ADDRESS INQUIRIES TO: GROUP: 40603 – WHEEL LOADERS STATE AGENCIES & CONTRACTORS (Statewide) Beverly L. Moore Purchasing Officer I (518) 474-3856 [email protected] CONTRACT PERIOD: February 13, 2006 - October 31, 2008 OTHER AUTHORIZED USERS Customer Services (518) 474-6717 SUBJECT: CONTRACT CLARIFICATION [email protected] TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS: The following equipment is considered to be part of the bid offer specifications. Therefore, if not offered as “Standard Equipment” (no charge) in the Manufacturer’s price list, shall be offered at the “WHEEL LOADER” discount.

1. General-Purpose or Excavating Bucket w/bolt on cutting edge (BOE) 2. All Weather ROPS Cab w/heater, windshield defroster, windshield washer/wiper (front and rear), dual

exterior rear view mirrors. 3. Air or Liquid Diesel Engine 4. Governor, Electric Starter, alternator & battery 5. Air Cleaner w/condition Indicator 6. Oil and Fuel Filters 7. Muffler and Rain Cap (if outlet is vertical discharge) 8. Cold Starting Aid 9. Complete set of gauges including Hourmeter 10. Cooling System with engine coolant 11. Radiator Guard 12. Power Steering with provisions for back-up steering 13. Equipment shall include: splash guards; front and rear fenders; vandal protection kit; upholstered,

adjustable deluxe operator’s seat with backrest and seatbelt; horn; drawbar; two headlights; flashing and turning lights; two rear work lights; license place bracket; reflectors front and rear; backup alarm; and revolving sealed beam warning light [mounted on cab] with switch on dash

14. Two complete sets of operator’s/maintenance manuals including parts list.

All other terms and conditions remain the same. Please attach this memorandum to your copy of the contract award.

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19937p3.doc/T05blm

New York State Office Of General Services

Procurement Services Group Corning Tower Building

Empire State Plaza Albany, New York 12242 http://www.ogs.state.ny.us

PURCHASING MEMORANDUM

CONTRACT AWARD NOTIFICATION UPDATE AWARD NUMBER: 19937 DATE: March 8, 2006 PLEASE ADDRESS INQUIRIES TO: GROUP: 40603 – WHEEL LOADERS STATE AGENCIES & CONTRACTORS (Statewide) Beverly L. Moore Purchasing Officer I (518) 474-3856 [email protected] CONTRACT PERIOD: February 13, 2006 - October 31, 2008 OTHER AUTHORIZED USERS Customer Services (518) 474-6717 CONTRACTOR: JCB, Inc. [email protected] CONTRACT NO: PC62321 SUBJECT: Contract Revision – Contact Information TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS: Note the following revision to the above contract.

Contact Information 912/447-2053 912/447-2023 (voice) Ms. Idalena Trerice Fax: 912/447-2246 E-Mail: [email protected] Web: www.jcb.com

All other terms and conditions remain the same. Please attach this memorandum to your copy of the contract award.

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19937p2.doc/T05blm

New York State Office Of General Services

Procurement Services Group Corning Tower Building

Empire State Plaza Albany, New York 12242 http://www.ogs.state.ny.us

PURCHASING MEMORANDUM

CONTRACT AWARD NOTIFICATION UPDATE AWARD NUMBER: 19937 DATE: February 27, 2006 PLEASE ADDRESS INQUIRIES TO: GROUP: 40603 – WHEEL LOADERS STATE AGENCIES & CONTRACTORS (Statewide) Beverly L. Moore Purchasing Officer I (518) 474-3856 [email protected] CONTRACT PERIOD: February 13, 2006 - October 31, 2008 OTHER AUTHORIZED USERS Customer Services (518) 474-6717 CONTRACTOR: Vantage Equipment LLC [email protected] CONTRACT NO: PC62326 SUBJECT: Contract Correction – Price List TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS: Note the following corrections to the above contract.

PAGE 8 PRODUCT LINE - VOLVO

Manufacturer’s Price List & Number: Wheel Loader: Equipment Price List Dated: June 1, 2005 Wheel Loader Associated Accessory/Option Equipment: Equipment Price List Dated: June 1, 2005

All other terms and conditions remain the same. Please attach this memorandum to your copy of the contract award.

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State of New York Executive Department Office Of General Services

Procurement Services Group Corning Tower Building - 38th Floor

Empire State Plaza Albany, New York 12242 http://www.ogs.state.ny.us

CONTRACT AWARD NOTIFICATION

Title : Group 40603 - WHEEL LOADERS (Statewide) Classification Code: 22

Award Number : 19937 (Replaces Award 19073)

Contract Period : February 13, 2006 to October 31, 2008

Bid Opening Date : September 22, 2005

Date of Issue : February 13, 2006

Specification Reference : As Incorporated In The Invitation for Bids

Contractor Information : Appears on Page 2 of this Award

Address Inquiries To:

State Agencies & Vendors Political Subdivisions & Others Customer Services Name :

Title : Phone : Fax : E-mail :

Beverly L. Moore Purchasing Officer I 518-474-3856 518-474-8676 [email protected]

Phone : Fax : E-mail :

518-474-6717 518-474-2437 [email protected]

The Procurement Services Group values your input.

Complete and return "Contract Performance Report" at end of document.

Description

The contract(s) awarded herein are discount from list on various sizes of Wheel Loaders. All items and components normally furnished as required for the intended application shall be provided.

There are multiple awards to various vendors for various models, enabling contract users to make purchases of various types of wheel loaders and their related equipment options using a nationally published MSRP price list, less the discount (s) offered. PR #19937

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GROUP 40603 - WHEEL LOADERS AWARD PAGE 2 (Statewide)

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NOTE: See individual contract items to determine actual awardees.

CONTRACT # CONTRACTOR & ADDRESS TELEPHONE # FED.IDENT.# PC62319 COYOTE LOADER SALES, INC. 888/269-6830 341443645 6721 Chittenden Road 330/650-5101 Hudson, OH 44236 Mr. Steve Kabay Fax: 330/650-5105 E-mail: [email protected] Web: www.coyoteloaders.com PC62320 HEDCO EQUIPMENT, INC. 718/409-4200 450467936 SB 1144 Zerega Avenue Mr. Stephen Krines Bronx, NY 10462 Fax: 718/409-3774 E-mail: [email protected] Web: www.hedcoequipment.com Contract users interested in a Case Wheel Loader in these counties (Bronx, Kings, Nassau, New York, Queens,

Richmond, Suffolk and Westchester {south of Rte. 287} should address all inquiries to Hedco Equipment, Inc. PC62321 JCB, INC. 912/447-2053 520907423 2000 Bamford Blvd. Mr. Nigel Stansfield Pooler, GA 31322 Fax: 912/447-2246 E-mail: [email protected] Web: www.jcb.com PC62322 MONROE TRACTOR & 585/334-3867 160850083 IMPLEMENT CO., INC. Mr. Frank Schoenacker 1001 Lehigh Station Road Fax: 585/334-0001 Henrietta, NY 14467 E-mail: [email protected] Web: www.monroetractor.com Contract users interested in a Case Wheel Loader in these counties (Cattaraugus, Cayuga, Chautauqua,

Cortland, Genesee, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Niagara, Oneida, Onondaga, Ontario, Orleans, Oswego, St. Lawrence, Seneca, Wayne & Wyoming) should address all inquiries to Monroe Tractor & Impl. Co., Inc.

PC62323 PINE BUSH EQUIPMENT CO. 845/744-2006, Ext. 232 141484041 97 Route 302 Mr. Jack Dopp Pine Bush, NY 12566 Fax: 845/744-2900 E-mail: [email protected] Web: www.pbeinc.com Contract users interested in a Case Wheel Loader in these counties (Dutchess, Orange, Putnam, Rockland,

Sullivan, Ulster & Westchester {north of Rte. 287} should address all inquiries to Pine Bush Equipment Co.

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NOTE: See individual contract items to determine actual awardees. CONTRACT # CONTRACTOR & ADDRESS TELEPHONE # FED.IDENT.# PC62324 S.C. HANSEN, INC. 800/926-4227 160911237 SB PO Box 280 518/785-8013 423 Old Loudon Road Mr. Keith Hansen Latham, NY 12110 Fax: 518/783-9544 E-mail: [email protected] Website: www.schansen.com Contract users interested in a Case Wheel Loader in these counties (Albany, Allegany, Broome, Chemung,

Chenango, Clinton, Columbia, Delaware, Essex, Franklin, Fulton, Greene, Hamilton, Montgomery, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Schuyler, Steuben, Tioga, Tompkins, Warren, Washington and Yates) should address all inquiries to S.C. Hansen, Inc.

PC62325 TRACEY ROAD EQUIPMENT 800/872-2390 161058204 6803 Manlius Center Road 315/437-1471 East Syracuse, NY 13057 Mr. David Kreis Fax: 315/437-4041 E-mail: [email protected] Website: www.traceyroad.com PC62326 VANTAGE EQUIPMENT, LLC 315/437-2611, Ext. 230 201334835 SB 5985 Court St. Rd. Ms. Anne Jackson Syracuse, NY 13206 Fax: 315/437-2026 E-mail: [email protected] Website: www.vanquip.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. NOTE TO AUTHORIZED USERS:

When placing purchase orders under the contract(s), the authorized user should be familiar with and follow the terms and conditions governing its use which usually appears at the end of this document. The authorized user is accountable and responsible for compliance with the requirements of public procurement processes. The authorized user must periodically sample the results of its procurements to determine its compliance. In sampling its procurements, an authorized user should test for reasonableness of results to ensure that such results can withstand public scrutiny. The authorized user, when purchasing from OGS contracts, should hold the contractor accountable for contract compliance and meeting the contract terms, conditions, specifications, and other requirements. Also, in recognition of market fluctuations over time, authorized users are encouraged to seek improved pricing whenever possible.

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NOTE TO AUTHORIZED USERS: (Cont'd) Authorized users have the responsibility to document purchases, particularly when using OGS multiple award contracts for the same or similar product(s)/service(s), which should include:

• a statement of need and associated requirements, • a summary of the contract alternatives considered for the purchase, • the reason(s) supporting the resulting purchase (e.g., show the basis for the selection among multiple

contracts at the time of purchase was the most practical and economical alternative and was in the best interests of the State).

PRICE:

General - Prices includes all customs duties and charges and be net, F.O.B. destination any point in New York State as designated by the ordering agency including unloading and complete factory or dealer preparation of units. In addition, upon mutual agreement, delivery locations may be expanded per the "Extension of Use" clause.

Lower Pricing - The State reserves the right to negotiate lower pricing, or to advertise for bids, whichever is in the State's best interest as determined by the Commissioner, in the event of a significant decrease in market price of any product listed.

Price Changes - Contract prices shall be subject to increase or decrease during the contract period in accordance with changes which may be made by a manufacturer’s nationally published price sheet. Requests to utilize a new price list must be sent to the Procurement Services Group for approval at least 15 calendar days prior to the following dates on which price changes may take effect:

November 1, 2006 November 1, 2007 November 1, 2008 November 1, 2009

Request for price changes at any other time will not be granted unless an “Unworkable Price Structure” situation develops (please see more on this below). If no National price list exists or is not submitted, then price changes may be implemented based on changes in the U.S. Department of Labor, Bureau of Labor Statistics Producer Price Index (PPI) for: Series ID: WPU112 Group: Machinery and Equipment Item: Construction Machinery and Equipment Change would be based on dividing the PPI value for August of the year involved by the PPI value for August 2005. Below is an example of how this would be implemented. All the values in this example are hypothetical. Original Contract Price: $50,000 August 2005 PPI: 169.5

Date For PPI PPI Value Calculation Adjustment Factor New Price Effective Date August 2005 169.5 169.5/169.5 1.0000* $50,000.00* Nov. 1, 2005* August 2006 172.6 172.6/169.5 1.0183 $50,915.00 Nov. 1, 2006 August 2007 175.7 175.7/169.5 1.0364 $51,820.00 Nov. 1, 2007 August 2008 178.8 178.8/169.5 1.0547 $52,735.00 Nov. 1, 2008 August 2009 181.9 181.9/169.5 1.0732 $53,660.00 Nov. 1, 2009

* = No adjustment for first year; original contract price is $50,000 for this example.

Requests to utilize the PPI for a price adjustment must be sent to the Procurement Services Group for approval at least 15 calendar days prior to the following dates on which price changes may take effect, as stated above for a new price list.

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GROUP 40603 - WHEEL LOADERS AWARD PAGE 5 (Statewide)

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PRICE: (Cont'd) Government Mandated Program Price Adjustment - An adjustment in price may be permitted if a government mandated program such as a new standard for emissions takes effect, suitable documentation is furnished to the State, and the State determines the requested price change is verifiable and is reasonable. Such a price adjustment may be permitted for only a limited time since such an adjustment would eventually be reflected in the nationally published price sheet or the PPI.

Unworkable Price Structure - Should the price structure utilized by the parties become unworkable, detrimental or injurious to the State and/or Contractor or result in prices which are not truly reflective of current market conditions, and the price is deemed unreasonable or excessive by the Commissioner, and no adjustment in price is mutually agreeable, the Commissioner reserves the sole right upon 10 days written notice mailed to the contractor to terminate any contract resulting from this bid opening. If the contractor is unable or unwilling to meet contractual requirements in whole or in part based on an unworkable price structure, it shall immediately notify the State of that fact in order that the State may take appropriate action. Such notification shall be in writing and shall be directed to the Office of General Services, Procurement Services Group. Such notification shall not relieve the contractor of its responsibilities under the contract. The State reserves the right to implement changes in price based on unforeseen factors such as dramatic changes in availability, delivery, costs, etc., for product, supplies, etc., that substantively affect the contractor’s business processes or that may impact contract pricing. Such changes may be based on information from the U.S. Bureau of Labor Statistics, industry data, or other sources.

Limitation - Price adjustments are limited to changes as allowed for in this PRICE clause.

ITEM 1: “SMALL” SIZED WHEEL LOADER CONTRACTOR PRODUCT LINE DISCOUNT

COYOTE LOADER SALES, INC. COYOTE 36.99% CONTRACT MODELS available plus Associated Accessories/Attachments:

COYOTE C14C

COYOTE C20

COYOTE C22

COYOTE C28 Manufacturer's Price List & Number: Wheel Loader: Equipment Price List 002-2005 Dated: October 17, 2005

Wheel Loader Associated Accessory/Option Equipment: 29.6% Equipment Price List 002-2005 Dated: October 17, 2005

Delivery: 120 Days A/R/O

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ITEM 1: “SMALL” SIZED WHEEL LOADER (Cont’d) CONTRACTOR PRODUCT LINE DISCOUNT

JCB, INC. JCB 38.68% CONTRACT MODELS available plus Associated Accessories/Attachments:

407 ZX

409 ZX Manufacturer's Price List & Number: Wheel Loader: JCB 2005 Price List Dated: July 1, 2005

Wheel Loader Associated Accessory/Option Equipment: 39% JCB 2005 Price List Dated: July 1, 2005

Delivery: 120 Days A/R/O CONTRACTOR PRODUCT LINE DISCOUNT

VANTAGE EQUIPMENT, LLC VOLVO 27.71% CONTRACT MODELS available plus Associated Accessories/Attachments:

L25B L40B

L30B L45B

L35B Manufacturer's Price List & Number: Wheel Loader: Equipment Price List Dated: June 1, 2005

Wheel Loader Associated Accessory/Option Equipment: 27.71% Equipment Price List Dated: June 1, 2005

Delivery: 150 Days A/R/O

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GROUP 40603 - WHEEL LOADERS AWARD PAGE 7 (Statewide)

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ITEM 2: “MID” SIZED WHEEL LOADER CONTRACTOR PRODUCT LINE DISCOUNT

PLEASE SEE BELOW CASE 49.25% CONTRACT MODELS available plus Associated Accessories/Attachments:

621D

721D

821C Manufacturer's Price List & Number: Wheel Loader: PL-200 CE Revision 36 Dated: October 1, 2005

Wheel Loader Associated Accessory/Option Equipment: 15% PL-200 CE Revision 36 Dated: October 1, 2005

Delivery: 180 Days A/R/O CONTRACTORS FOR CASE WHEEL LOADER FOR THIS ITEM:

HEDCO EQUIPMENT, INC. Contract users interested in a Case Wheel Loader in these counties (Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, and Westchester {south of Rte 287}) should address all inquiries to Hedco Equipment, Inc. MONROE TRACTOR & IMPLEMENT CO., INC. Contract users interested in a Case Wheel Loader in these counties (Cattaraugus, Cayuga, Chautauqua, Cortland, Genesee, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Niagara, Oneida, Onondaga, Ontario, Orleans, Oswego, St. Lawrence, Seneca, Wayne & Wyoming) should address all inquiries to Monroe Tractor & Impl. Co., Inc. PINE BUSH EQUIPMENT CO., INC. Contract users interested in a Case Wheel Loader in these counties (Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster & Westchester {north of Rte 287}) should address all inquiries to Pine Bush Equipment Co. S.C. HANSEN, INC. Contract users interested in a Case Wheel Loader in these counties (Albany, Allegany, Broome, Chemung, Chenango, Clinton, Columbia, Delaware, Essex, Franklin, Fulton, Greene, Hamilton, Montgomery, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Schuyler, Steuben, Tioga, Tompkins, Warren, Washington, and Yates) should address all inquiries to S.C. Hansen, Inc.

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GROUP 40603 - WHEEL LOADERS AWARD PAGE 8 (Statewide)

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ITEM 2: “MID” SIZED WHEEL LOADER (Cont’d) CONTRACTOR PRODUCT LINE DISCOUNT

TRACEY ROAD EQUIPMENT NEW HOLLAND 38.5% CONTRACT MODELS available plus Associated Accessories/Attachments:

LW130.B

LW130.B TC

LW130.B LR

LW170.B

LW170.B TC Manufacturer's Price List & Number: Wheel Loader: New Holland Price List Dated: April 1, 2005

Wheel Loader Associated Accessory/Option Equipment: 7% New Holland Price List Dated: April 1, 2005

Delivery: 90 Days A/R/O CONTRACTOR PRODUCT LINE DISCOUNT

VANTAGE EQUIPMENT, LLC VOLVO 39.83% CONTRACT MODELS available plus Associated Accessories/Attachments:

L60E

L70E

L90E

L110E

L120E Manufacturer's Price List & Number: Wheel Loader: New Holland Price List Dated: June 1, 2005

Wheel Loader Associated Accessory/Option Equipment: 35.83% New Holland Price List Dated: June 1, 2005

Delivery: 150 Days A/R/O 180 Days A/R/O for Models L60E & L70E

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GROUP 40603 - WHEEL LOADERS AWARD PAGE 9 (Statewide)

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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. To obtain an electronic payment authorization form visit the OSC website at www.osc.state.ny.us or contact them by e-mail at [email protected] or by phone at 518-474-4032.

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 12242.

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 (www.ogs.state.ny.us). 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 (www.ogs.state.ny.us). Questions regarding an organization's eligibility to purchase from New York State Contracts may also be directed to OGS Procurement Services Group's Customer Services at 518-474-6717.

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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.

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 FOUR WHEEL LOADERS.

DELIVERY:

Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Product is required as soon as possible. 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.

DELIVERY CONDITION:

Equipment shall be delivered in accordance with specifications. If delivery with deviations, improper servicing, inefficient performance, contractor must arrange to have the necessary work done within 96 hours (exclusive of Saturdays, Sundays and holidays) after receipt of written notification to contractor. Otherwise, the purchaser may have the corrections made at contractor's expense.

PAYMENT:

The Agency will process the voucher in full provided unit is in full compliance with these specifications. However, if poor workmanship or other deviations from the specifications exist, the Agency may withhold up to 10% of the unit price until contractor has made all the necessary corrections.

CONTRACT PERIOD AND RENEWALS:

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.

Long Term Extension - 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) of time to be determined by the State not to exceed a total contract term of 5 (five) years.

Pricing - Discounts quoted are to be firm for the entire period of the contract. Price changes will be allowed only in accordance with provisions of the "PRICE" clause.

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GROUP 40603 - WHEEL LOADERS AWARD PAGE 11 (Statewide)

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CONTRACT PERIOD AND RENEWALS: (Cont'd) Cancellation - The State of New York retains the right to cancel a contract for convenience, in whole or in part without reason provided that the Contractor is given at least sixty (60) days notice of its intent to cancel. This provision should not be understood as waiving the State's right to terminate the contract for cause or stop work immediately for unsatisfactory work, but is supplementary to that provision. Any such cancellation shall have no effect on existing Agency agreements, which are subject to the same 60 day discretionary cancellation or cancellation for cause by the respective user Agencies. The minimum term of the contract shall be through October 31, 2006. Either the State or the contractor may unilaterally cancel the contract on a monthly basis any time after October 31, 2006 by providing written notification at least four (4) months prior to the effective date of cancellation. This provision does not affect the State's right of suspension or cancellation contained in the "Suspension of Work" and "Cancellation" clauses in Appendix B, OGS General Specifications. If a contract is canceled, the State reserves the right to pursue an award to the next low compliant Bidder; however, the State is not required to award to the next low compliant bidder.

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 with the same contractor, 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.

PRICE SHEETS AND CATALOGS:

Submissions to Contract Participants - 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 clearly identify any and 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. The contractor shall assist authorized users in the use of catalogs and price lists upon request.

Updates - Updating may be made to price lists and catalogs. Pricing, however, may be updated only in accordance with provisions of the “PRICE” clause. An additional product may be made added to a price list prior to a price update if:,

Product is similar to those already awarded, or is of the same product line, or is included in bidder’s (and/or

subsequently in contractor’s) Product Catalog. Reasonably priced.

WARRANTIES & SERVICE:

See "Warranties" in Appendix B, OGS General Specifications.

Normal wear and tear items shall be warranted in accordance with manufacturer's standard warranty.

Where accessories are to be supplied, they must be compatible with the rest of the product.

A manufacturer’s warranty (minimum 12 months) shall apply and warranty service shall be gratis anywhere within New York State. The manufacturer’s normal extended warranty on components shall apply and a copy shall be submitted with bid.

Prior to delivery, each unit shall be completely serviced by the contractor in his own shop, or in a shop in New York State of an authorized dealer of the manufacturer.

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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.

REPORT OF CONTRACT PURCHASES:

Two reports of sales are to be provided on disc in an Excel format to the PSG Associate listed in the “INQUIRIES/ISSUING OFFICE” clause every six months (on May 15th covering the period of November through April, and on November 15th covering the period of May through October) as shown by examples below:

BY PRODUCT - Ascending, from lowest product number to highest:

Product No. Product Quantity Unit Value Total Value

1234 Widget A 5 $25,000 $125,000 2345 Widget B 4 $7,000 $28,000 4401 Widget C 7 $9,000 $56,000 7678 Widget D 3 $44,000 $132,000 9285 Widget E 8 $55,000 $440,000

BY CUSTOMER - The list is to distinguish New York State agencies from non-state agencies:

State/Non-state Customer Location Total Value

Cayuga/Onondaga BOCES Auburn, NY $10,000 City of Rye Police Dept Rye, NY $22,000 City of Mechanicville DPW Mechanicville $58,000 NYC Transit Police New York, NY $30,000 Williamsville Central School District East Amherst, NY $25,000

NYS NYS DMV Hauppauge, NY $10,000 NYS NYS DOCS Rome, NY $128,000 NYS NYS DOT Elmira, NY $714,000 NYS NYS OGS Albany, NY $139,000

The PSG web page identifies the various entities that may order from statewide contracts.

This may be viewed by going to http://www.ogs.state.ny.us/purchase/snt/otheruse.asp - “NYS Laws Extending Use of State Centralized Contracts for Purchases by Non-State Agencies”. The contractor should contact the PSG Associate if more information is needed.

Failure to provide reports may result in the contractor being:

• Deemed not responsible. • Ineligible to receive a new contract. • Subject to having current contract cancelled. • Other administrative action.

Variations in format may be discussed with the PSG Associate; consideration may be given to accepting reports with more information than shown above, such as carton quantities, street addresses, etc. Also, the State may ask for additional information as needed.

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"OGS OR LESS" GUIDELINES APPLY TO THIS CONTRACT: Purchases of the products included in the Invitation For Bids and related Contract Award Notification are subject to the "OGS or Less" provisions of Section 163.3.a.v., Article XI, of the New York State Finance Law. This means that State agencies can purchase 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 non-contract savings at least two business days prior to purchase. In addition, purchases made under "OGS or Less" flexibility must meet all requirements of law including, but not limited to, advertising in the New York State Contract Reporter, prior approval of the Comptroller's Office 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.

REGULATIONS:

Equipment shall conform to all Federal, State and Local Laws, including OSHA Safety and Noise level standards and EPA emissions regulations in effect at the time of delivery.

DOT OPTION PACKAGE:

The NYS Department of Transportation option package includes: 1. ACS size 30 PS 2000 Male Master coupler to include ACS 2-1/2 Yard Bucket with Female

adapter and bolt on cutting edge (per DOT “LOADER BUCKET CUTTING EDGE” drawing shown on page 14).

2. Paint - DOT Yellow, color DuPont Chrome Yellow LF6578K or Manufacturer's Standard Yellow on the complete unit. Normal areas like body panels should be yellow. Black or Gray areas such as grilles, dash panels, underside of canopies, interior of cabs and inside enclosed engine compartments need not be yellow. Coupler system and bucket may be painted flat black or yellow.

3. All units keyed alike. 4. Spare Wheel. 5. Five (5) ton latch hook installed on the outside of the bucket.

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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. Excellent Good Acceptable Unacceptable • Product meets your needs • Product meets contract specifications • Pricing CONTRACTOR Excellent Good Acceptable Unacceptable • Timeliness of delivery • Completeness of order (fill rate) • Responsiveness to inquiries • Employee courtesy • Problem resolution Comments: (over) Agency: Prepared by: Address: Title: Date: Phone: E-mail: Please detach or photocopy this form & return by FAX to 518/474-2437 or mail to:

OGS PROCUREMENT SERVICES GROUP Customer Services, 37th Floor

Corning 2nd Tower - Empire State Plaza Albany, New York 12242

* * * * *

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State of New York Executive Department Office Of General Services

Procurement Services Group Corning Tower Building - 38th Floor

Empire State Plaza Albany, New York 12242 http://www.ogs.state.ny.us

SUPPLEMENTAL CONTRACT AWARD NOTIFICATION

Title : Group 40603 - WHEEL LOADERS (Statewide) Classification Code: 22

Award Number : 19937 (Partially Replaces Award 19073)

Contract Period : February 13, 2006 to October 31, 2008

Bid Opening Date : September 22, 2005

Date of Issue : April 19, 2006

Specification Reference : As Incorporated In The Invitation for Bids

Contractor Information : Appears on Page 2 of this Award

Address Inquiries To:

State Agencies & Vendors Political Subdivisions & Others Customer Services Name :

Title : Phone : Fax : E-mail :

Beverly L. Moore Purchasing Officer I 518-474-3856 518-474-8676 [email protected]

Phone : Fax : E-mail :

518-474-6717 518-474-2437 [email protected]

The Procurement Services Group values your input.

Complete and return "Contract Performance Report" at end of document.

Description

The Supplemental contract awarded herein is a discount from list on various sizes of Wheel Loaders. All items and components normally furnished as required for the intended application shall be provided.

There are multiple awards to various vendors for various models, enabling contract users to make purchases of various types of wheel loaders and their related equipment options using a nationally published MSRP price list, less the discount (s) offered. PR #19937

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NOTE: See individual contract items to determine actual awardees.

CONTRACT # CONTRACTOR & ADDRESS TELEPHONE # FED.IDENT.# PC62382 GEORGE AND SWEDE SALES & 800/724-8722 161193241 SERVICE, INC. 585/584-3425 7155 Big Tree Road Mr. Mike Doyle Fax: 585/584-8853 E-mail: [email protected]

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. NOTE TO AUTHORIZED USERS:

When placing purchase orders under the contract(s), the authorized user should be familiar with and follow the terms and conditions governing its use which usually appears at the end of this document. The authorized user is accountable and responsible for compliance with the requirements of public procurement processes. The authorized user must periodically sample the results of its procurements to determine its compliance. In sampling its procurements, an authorized user should test for reasonableness of results to ensure that such results can withstand public scrutiny. The authorized user, when purchasing from OGS contracts, should hold the contractor accountable for contract compliance and meeting the contract terms, conditions, specifications, and other requirements. Also, in recognition of market fluctuations over time, authorized users are encouraged to seek improved pricing whenever possible. Authorized users have the responsibility to document purchases, particularly when using OGS multiple award contracts for the same or similar product(s)/service(s), which should include:

• a statement of need and associated requirements, • a summary of the contract alternatives considered for the purchase, • the reason(s) supporting the resulting purchase (e.g., show the basis for the selection among multiple

contracts at the time of purchase was the most practical and economical alternative and was in the best interests of the State).

PRICE:

General - Prices includes all customs duties and charges and be net, F.O.B. destination any point in New York State as designated by the ordering agency including unloading and complete factory or dealer preparation of units. In addition, upon mutual agreement, delivery locations may be expanded per the "Extension of Use" clause.

Lower Pricing - The State reserves the right to negotiate lower pricing, or to advertise for bids, whichever is in the State's best interest as determined by the Commissioner, in the event of a significant decrease in market price of any product listed.

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PRICE: (Cont’d) Price Changes - Contract prices shall be subject to increase or decrease during the contract period in accordance with changes which may be made by a manufacturer’s nationally published price sheet. Requests to utilize a new price list must be sent to the Procurement Services Group for approval at least 15 calendar days prior to the following dates on which price changes may take effect:

November 1, 2006 November 1, 2007 November 1, 2008 November 1, 2009

Request for price changes at any other time will not be granted unless an “Unworkable Price Structure” situation develops (please see more on this below). If no National price list exists or is not submitted, then price changes may be implemented based on changes in the U.S. Department of Labor, Bureau of Labor Statistics Producer Price Index (PPI) for: Series ID: WPU112 Group: Machinery and Equipment Item: Construction Machinery and Equipment Change would be based on dividing the PPI value for August of the year involved by the PPI value for August 2005. Below is an example of how this would be implemented. All the values in this example are hypothetical. Original Contract Price: $50,000 August 2005 PPI: 169.5

Date For PPI PPI Value Calculation Adjustment Factor New Price Effective Date August 2005 169.5 169.5/169.5 1.0000* $50,000.00* Nov. 1, 2005* August 2006 172.6 172.6/169.5 1.0183 $50,915.00 Nov. 1, 2006 August 2007 175.7 175.7/169.5 1.0364 $51,820.00 Nov. 1, 2007 August 2008 178.8 178.8/169.5 1.0547 $52,735.00 Nov. 1, 2008 August 2009 181.9 181.9/169.5 1.0732 $53,660.00 Nov. 1, 2009

* = No adjustment for first year; original contract price is $50,000 for this example.

Requests to utilize the PPI for a price adjustment must be sent to the Procurement Services Group for approval at least 15 calendar days prior to the following dates on which price changes may take effect, as stated above for a new price list.

Government Mandated Program Price Adjustment - An adjustment in price may be permitted if a government mandated program such as a new standard for emissions takes effect, suitable documentation is furnished to the State, and the State determines the requested price change is verifiable and is reasonable. Such a price adjustment may be permitted for only a limited time since such an adjustment would eventually be reflected in the nationally published price sheet or the PPI.

Unworkable Price Structure - Should the price structure utilized by the parties become unworkable, detrimental or injurious to the State and/or Contractor or result in prices which are not truly reflective of current market conditions, and the price is deemed unreasonable or excessive by the Commissioner, and no adjustment in price is mutually agreeable, the Commissioner reserves the sole right upon 10 days written notice mailed to the contractor to terminate any contract resulting from this bid opening. If the contractor is unable or unwilling to meet contractual requirements in whole or in part based on an unworkable price structure, it shall immediately notify the State of that fact in order that the State may take appropriate action. Such notification shall be in writing and shall be directed to the Office of General Services, Procurement Services Group. Such notification shall not relieve the contractor of its responsibilities under the contract. The State reserves the right to implement changes in price based on unforeseen factors such as dramatic changes in availability, delivery, costs, etc., for product, supplies, etc., that substantively affect the contractor’s business processes or that may impact contract pricing. Such changes may be based on information from the U.S. Bureau of Labor Statistics, industry data, or other sources.

Limitation - Price adjustments are limited to changes as allowed for in this PRICE clause.

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ITEM 2: “MID” SIZED WHEEL LOADER CONTRACTOR PRODUCT LINE DISCOUNT

GEORGE AND SWEDE HYUNDAI 44.82% SALES & SERVICE INC. CONTRACT MODELS available plus Associated Accessories/Attachments:

HL 730-7

HL 730 XTD

HL 740-7

HL 740 TM-7 Tool Master

HL 740 XTD

HL 757-7

HL 757 TM-7 Tool Master

HL 757 XTD

HL 760-7

HL 760 XTD

Manufacturer's Price List & Number: Wheel Loader: Hyundai “The Big Book” Dated: July 1, 2005

Wheel Loader Associated Accessory/Option Equipment: 7% Hyundai “The Big Book” Dated: July 1, 2005

Delivery: 120 Days A/R/O

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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. To obtain an electronic payment authorization form visit the OSC website at www.osc.state.ny.us or contact them by e-mail at [email protected] or by phone at 518-474-4032.

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 12242.

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 (www.ogs.state.ny.us). 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 (www.ogs.state.ny.us). Questions regarding an organization's eligibility to purchase from New York State Contracts may also be directed to OGS Procurement Services Group's Customer Services at 518-474-6717.

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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.

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 FOUR WHEEL LOADERS.

DELIVERY:

Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Product is required as soon as possible. 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.

DELIVERY CONDITION:

Equipment shall be delivered in accordance with specifications. If delivery with deviations, improper servicing, inefficient performance, contractor must arrange to have the necessary work done within 96 hours (exclusive of Saturdays, Sundays and holidays) after receipt of written notification to contractor. Otherwise, the purchaser may have the corrections made at contractor's expense.

PAYMENT:

The Agency will process the voucher in full provided unit is in full compliance with these specifications. However, if poor workmanship or other deviations from the specifications exist, the Agency may withhold up to 10% of the unit price until contractor has made all the necessary corrections.

CONTRACT PERIOD AND RENEWALS:

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.

Long Term Extension - 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) of time to be determined by the State not to exceed a total contract term of 5 (five) years.

Pricing - Discounts quoted are to be firm for the entire period of the contract. Price changes will be allowed only in accordance with provisions of the "PRICE" clause.

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CONTRACT PERIOD AND RENEWALS: (Cont'd) Cancellation - The State of New York retains the right to cancel a contract for convenience, in whole or in part without reason provided that the Contractor is given at least sixty (60) days notice of its intent to cancel. This provision should not be understood as waiving the State's right to terminate the contract for cause or stop work immediately for unsatisfactory work, but is supplementary to that provision. Any such cancellation shall have no effect on existing Agency agreements, which are subject to the same 60 day discretionary cancellation or cancellation for cause by the respective user Agencies. The minimum term of the contract shall be through October 31, 2006. Either the State or the contractor may unilaterally cancel the contract on a monthly basis any time after October 31, 2006 by providing written notification at least four (4) months prior to the effective date of cancellation. This provision does not affect the State's right of suspension or cancellation contained in the "Suspension of Work" and "Cancellation" clauses in Appendix B, OGS General Specifications. If a contract is canceled, the State reserves the right to pursue an award to the next low compliant Bidder; however, the State is not required to award to the next low compliant bidder.

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 with the same contractor, 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.

PRICE SHEETS AND CATALOGS:

Submissions to Contract Participants - 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 clearly identify any and 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. The contractor shall assist authorized users in the use of catalogs and price lists upon request.

Updates - Updating may be made to price lists and catalogs. Pricing, however, may be updated only in accordance with provisions of the “PRICE” clause. An additional product may be made added to a price list prior to a price update if:,

Product is similar to those already awarded, or is of the same product line, or is included in bidder’s (and/or

subsequently in contractor’s) Product Catalog. Reasonably priced.

WARRANTIES & SERVICE:

See "Warranties" in Appendix B, OGS General Specifications.

Normal wear and tear items shall be warranted in accordance with manufacturer's standard warranty.

Where accessories are to be supplied, they must be compatible with the rest of the product.

A manufacturer’s warranty (minimum 12 months) shall apply and warranty service shall be gratis anywhere within New York State. The manufacturer’s normal extended warranty on components shall apply and a copy shall be submitted with bid.

Prior to delivery, each unit shall be completely serviced by the contractor in his own shop, or in a shop in New York State of an authorized dealer of the manufacturer.

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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.

REPORT OF CONTRACT PURCHASES:

Two reports of sales are to be provided on disc in an Excel format to the PSG Associate listed in the “INQUIRIES/ISSUING OFFICE” clause every six months (on May 15th covering the period of November through April, and on November 15th covering the period of May through October) as shown by examples below:

BY PRODUCT - Ascending, from lowest product number to highest:

Product No. Product Quantity Unit Value Total Value

1234 Widget A 5 $25,000 $125,000 2345 Widget B 4 $7,000 $28,000 4401 Widget C 7 $9,000 $56,000 7678 Widget D 3 $44,000 $132,000 9285 Widget E 8 $55,000 $440,000

BY CUSTOMER - The list is to distinguish New York State agencies from non-state agencies:

State/Non-state Customer Location Total Value

Cayuga/Onondaga BOCES Auburn, NY $10,000 City of Rye Police Dept Rye, NY $22,000 City of Mechanicville DPW Mechanicville $58,000 NYC Transit Police New York, NY $30,000 Williamsville Central School District East Amherst, NY $25,000

NYS NYS DMV Hauppauge, NY $10,000 NYS NYS DOCS Rome, NY $128,000 NYS NYS DOT Elmira, NY $714,000 NYS NYS OGS Albany, NY $139,000

The PSG web page identifies the various entities that may order from statewide contracts.

This may be viewed by going to http://www.ogs.state.ny.us/purchase/snt/otheruse.asp - “NYS Laws Extending Use of State Centralized Contracts for Purchases by Non-State Agencies”. The contractor should contact the PSG Associate if more information is needed.

Failure to provide reports may result in the contractor being:

• Deemed not responsible. • Ineligible to receive a new contract. • Subject to having current contract cancelled. • Other administrative action.

Variations in format may be discussed with the PSG Associate; consideration may be given to accepting reports with more information than shown above, such as carton quantities, street addresses, etc. Also, the State may ask for additional information as needed.

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"OGS OR LESS" GUIDELINES APPLY TO THIS CONTRACT: Purchases of the products included in the Invitation For Bids and related Contract Award Notification are subject to the "OGS or Less" provisions of Section 163.3.a.v., Article XI, of the New York State Finance Law. This means that State agencies can purchase 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 non-contract savings at least two business days prior to purchase. In addition, purchases made under "OGS or Less" flexibility must meet all requirements of law including, but not limited to, advertising in the New York State Contract Reporter, prior approval of the Comptroller's Office 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.

REGULATIONS:

Equipment shall conform to all Federal, State and Local Laws, including OSHA Safety and Noise level standards and EPA emissions regulations in effect at the time of delivery.

DOT OPTION PACKAGE:

The NYS Department of Transportation option package includes: 1. ACS size 30 PS 2000 Male Master coupler to include ACS 2-1/2 Yard Bucket with Female

adapter and bolt on cutting edge (per DOT “LOADER BUCKET CUTTING EDGE” drawing shown on page 14).

2. Paint - DOT Yellow, color DuPont Chrome Yellow LF6578K or Manufacturer's Standard Yellow on the complete unit. Normal areas like body panels should be yellow. Black or Gray areas such as grilles, dash panels, underside of canopies, interior of cabs and inside enclosed engine compartments need not be yellow. Coupler system and bucket may be painted flat black or yellow.

3. All units keyed alike. 4. Spare Wheel. 5. Five (5) ton latch hook installed on the outside of the bucket.

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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. Excellent Good Acceptable Unacceptable • Product meets your needs • Product meets contract specifications • Pricing CONTRACTOR Excellent Good Acceptable Unacceptable • Timeliness of delivery • Completeness of order (fill rate) • Responsiveness to inquiries • Employee courtesy • Problem resolution Comments: (over) Agency: Prepared by: Address: Title: Date: Phone: E-mail: Please detach or photocopy this form & return by FAX to 518/474-2437 or mail to:

OGS PROCUREMENT SERVICES GROUP Customer Services, 37th Floor

Corning 2nd Tower - Empire State Plaza Albany, New York 12242

* * * * *


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