CONTRACT AWARD NOTIFICATION - ogs.state.ny.us · CONTRACT AWARD NOTIFICATION Title: Group 30600 - TIRES (New) AND ... tire product line/s and related option pricing shall be …

(continued) 18894a.doc/T05gb{06-04}

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 30600 - TIRES (New) AND RELATED SERVICES Classification Code: 25

Award Number : 18894 (Replaces Award 01893)

Contract Period : November 08, 2004 through July 31, 2009

Bid Opening Date : May 05, 2004

Date of Issue : November 08, 2004

Specification Reference : As Incorporated In The IFB and/or hereinafter

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 :

Gary A. Barnett Purchase Officer 518-474-5040 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

Award is for various types of New Tires (and their Related Services) for purchase by State agencies and other eligible non-state agencies (e.g., schools districts, cities, counties, villages, cemeteries, and other political subdivisions) using a nationally published MSRP price list less discount offered. The fees for related services shall be as stated for the type of service/s for each respective Item (tire designation: Passenger, High Performance, Light Truck, Medium/Heavy Truck, etc.) hereinafter. These Service Fee Prices are "Net" prices. The award covers the purchase of new, current tread pattern, tires. Under no circumstances may "Demos" or "used" or "Recapped" tires be sold under this contract without prior approval of the Office of General Services, Procurement Services Group. All tires delivered under contract must be in compliance with the vendor's agreement with the manufacturers for bid assistance.

PR # 18894

http://www.ogs.state.ny.us/purchase/spg/awards/3060018894Can.htm

GROUP 30600 - TIRES (New) AND RELATED SERVICES AWARD PAGE 2 (Statewide)

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NOTE: See individual contract items to determine actual awardees. CONTACTS & CONTRACT # CONTRACTOR & ADDRESS TELEPHONE # FED.IDENT.#

PC61332 BRIDGESTONE/FIRESTONE NORTH 800-543-7522, ext. 3186 340220440 AMERICAN TIRE, LLC 615-937-3186 535 Marriott Dr. Mr. Steve Green, Govt. Sales Mgr. Nashville, TN 37214 Fax: 615-937-3106 E-Mail: [email protected] Web: www.bfntgovtires.com PC61333 CONTINENTAL TIRE NORTH 888-367-7912, Opt. 2 341417030 AMERICA, INC. 704-583-8837 1800 Continental Blvd. Ms. Lesa Small, Supervisor Charlotte, NC 28273-9002 Fax: 704-583-8737 E-Mail: [email protected] Web: www.cgtcommercial.com www.generaltire.com PC61334 THE GOODYEAR TIRE & RUBBER 888-453-0021, opt's. 2, 1 340253240 COMPANY 330-796-4603 1144 East Market Street D/709 Ms. Debbie Frear Akron, OH 44316-0001 Fax: 330-796-3404 E-Mail: [email protected] Web: www.goodyear.com

All Special Instructions should be clearly presented on the first page of the Purchase Order.

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. ATTENTION - ALL CONTRACT USERS:

The additional terms and conditions of the bid solicitation that apply to the award appear ahead of the discount tables and also at the end of this document. We strongly advise all contract users to familiar-ize themselves with all terms and conditions before issuing a purchase order, see Pg 5 for specific criteria.

MANUFACTURER'S PRICE LIST and/or TIRE LITERATURE - DATA/SPEC BOOKS:

Contract Users must contact the manufacturers directly to obtain hardcopies of their Price List and/or Tire Data/Spec books, see aforementioned: Contacts, Telephone #, E-Mail Address, and Web Site information.

ORDERING INSTRUCTIONS: See pages 3 and 4.

MICHELIN TIRES: See page 4.

PRICE: See page 4.

NEW YORK STATE PROCUREMENT CARD: See page 4.

ELECTRONIC ORDERING INSTRUCTIONS: See page 4.

NOTE TO AUTHORIZED USERS: and POINT OF PURCHASE CRITERIA (SELECTING A TIRE): See page 5.

TIRE DISCOUNT TABLES: See pages 6 through 17.

AWARD TERMS AND CONDITIONS (ADDITIONAL): See pages 18 through 33.



ORDERING INSTRUCTIONS: All contract users (State Agencies and Political Subdivisions & Others) should call the contractors toll-free number to be directed to the nearest authorized dealer of that contractor. Or they may access dealer data from the manufacturer's websites: For: Bridgestone/Firestone (see Supply Points link) and/or for others (see Dealer Locator links) of Continental Tire/General Tire and Goodyear Tire websites, see respective contact details starting on page 2 herein.

• Political Subdivisions & Others should make purchase order out to, be invoiced by and remit payment to the authorized dealer, except as otherwise stated in the following paragraph. All purchase orders from OTHER USERS (those contract users other than an Agency of the State of New York) may be addressed directly to the local Dealer (Supply Point) via their local dealer's postal address and/or as stated for an Agency of the State of New York, when so required by the local-user's policies and procedures. Billing disputes should be directed to your local supply point dealer. In the event they are not responsive to terms & conditions of the contract, call the manufacturer's contact representative/s listed elsewhere herein.


• State Agencies should use the following information: (continues on next page) All purchase orders from AGENCIES OF THE STATE OF NEW YORK shall be addressed to the "Contractor Of Record", for the respective contract number, c/o the local Dealer (Supply Point) via their local dealer's postal address. See respective manufacturer's contact information on page 2 and/or that follows:


Bridgestone/Firestone North American Tire LLC Ø Make purchase order out to Bridgestone/Firestone North American Tire LLC c/o Authorized Dealer,

purchase order to be forwarded to the authorized dealer. Ø Will be invoiced by Bridgestone/Firestone, Nashville, Tennessee.

Remit to: BFNT, LLC PO Box 905392 Charlotte, NC 28290-5392

Billing Inquiries: Bridgestone/Firestone, Inc. 1 Bridgestone Park PO Box 140990 Nashville, TN 37214-0990 Attn: Government Billing Department Diane Hendricks (800) 543-7522, ext. 3313

Continental Tire North America, Inc. Ø Make purchase order out to Continental Tire North America, Inc. c/o Authorized Dealer, purchase

order to be forwarded to the authorized dealer. Ø Will be invoiced by Continental Tire, Charlotte, North Carolina.

Remit to: Continental Tire North America, Inc. PO Box 60049 Charlotte, NC 28260-0049

Billing Inquiries: Continental Tire North America, Inc. 1800 Continental Boulevard Charlotte, NC 28273-9002 Attn: Ms. Clara Folnsbee (704) 583-3987 Fax: (704) 583-3850 E-Mail: [email protected]



ORDERING INSTRUCTIONS: (Cont'd)

• State Agencies should use the following information: (continued)

The Goodyear Tire & Rubber Company

Ø Make purchase order out to The Goodyear Tire & Rubber Company c/o Authorized Dealer, purchase order to be forwarded to authorized dealer.

Ø Will be invoiced by Goodyear, Akron, Ohio.

Remit to: The Goodyear Tire & Rubber Company PO Box 277809, Ref. No. 102860 Atlanta, GA 30384-7809

Billing Inquiries: The Goodyear Tire & Rubber Company Wholesale Operations Center - D/0095 PO Box 1318 Akron, OH 44309-1318 (330) 796-6319

MICHELIN TIRES:

NO BID OFFERS RECEIVED - WHEN REQUIRED, MICHELIN EXACT TIRE MATCH REPLACEMENTS ARE PERMITTED. IT/THEY SHALL BE A NON-CONTRACT, OPEN MARKET PURCHASE - IN COMFORMANCE WITH 90-DAY DISCRETIONARY SPENDING LIMITS, AND/OR CONTRACT REPORTER POLICIES AND APPENDIX A, SECTION 21., RECIPROCITY AND SANCTIONS PROVISIONS. PURCHASES OF MICHELIN TIRES AT INDEPENDENT NYS DEALERS (those that are Not a MICHELIN Company store) ARE NOT AFFECTED BY OMNIBUS PROCUREMENT ACT (APPENDIX A, SECTION 21). PRICE:

General - All prices shall be net, FOB points of destination designated by ordering agencies and shall include:

• All customs, duties and taxes and any charges imposed by a governmental entity; • All price discounts being firm for the entire contract period (NOTE: Price reductions and/or discount

increases are permitted); • All transportation costs; • All costs, fees, charges (i.e., all product costs, all delivery charges, all taxes if any, etc.). There shall be

no separate additional delivery charge, no separate additional charge for excise tax, etc. In addition, upon mutual agreement, delivery locations may be expanded per the "Extension of Use" clause.

MSRP - Prices for tire/s, options and accessory equipment in any resultant contract shall not exceed the Manufacturer’s Suggested Retail Price (MSRP) , less discount offered. The tire manufacturer’s MSRP, its entire tire product line/s and related option pricing shall be incorporated as part of this solicitation and resultant contract. Complete copies of the MSRP list(s) shall be maintained at the manufacturer's place of business and at the contractor's place of business for a period not less than that required by law for verification of correct MSRP billing.

ACCEPTANCE OF NEW YORK STATE PROCUREMENT CARD:

Goodyear Tire & Rubber Company and Bridgestone/Firestone NA Tire have stated that they will accept the NYS Procurement Card for orders up to $10,000.00. However, no additional discount for purchases made with the NYS Procurement card will be allowed.

ELECTRONIC ORDERING INSTRUCTIONS: The Goodyear Tire & Rubber Company offers Electronic Access Ordering (EDI) for Factory Direct Ship

orders only. Agencies are encouraged to utilize EDI capabilities. Please contact the contractor for specific information regarding electronic ordering. All local point of purchase orders should be sent to the local dealer.



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).

PURCHASING AGENCIES SHOULD USE THE FOLLOWING POINTS OF PURCHASE CRITERIA:

♦ When selecting the particular tire manufacturer, Agency's purchase shall be the most practical & economical alternative and shall be in the best interests of the State &/or its political subdivision.

Need-specific criteria, which may be used in your selection process, include but are not limited to the following:

♦ A need for an exact match or matches for the replacement of existing tires (i.e., when all tires are not being replaced on an axle, all tires should be the of the same tread & size).

♦ A specific performance requirement characteristic, other than direct matches.

♦ A specific life-cycle-cost performance characteristic that justifies higher initial cost.

♦ A specific man-hour-cost overhead that justifies higher initial cost.

♦ Availability or for timely delivery.

All need-specific criteria should be documented in the procurement record and be available for review.

NOTICE: TIRE SERVICE CHARGES LISTED ON THE FOLLOWING PAGES ARE "SHOP CHARGES." THEY DO NOT INCLUDE REMOTE ROADSIDE ASSISTANCE COST. TABLES ON THE FOLLOWING PAGES, STATE THE TIRE DISCOUNT(S) FIRST, FOLLOWED BY THE (MULTIPLIER FOR THE NET PRICE): i.e., 60% (.40); $100 x .40 = $40 net

GROUP 30600 - TIRES (NEW) AND RELATED SERVICES AWARD PAGE 6 _______________(Statewide)____________________________________________________


ITEM NO. 1 - TIRES, PASSENGER CAR, TUBELESS RADIAL PLY

MANUFACTURER: Continental Tire, Inc. Goodyear Tire & Rubber Co. Bridgestone/Firestone, Inc. Discount/s For Passenger Car

Tires

Passenger Radial Ply Tires - 33% (.67)

Pg 2-4 of Supplement

Performance/All-Season/Winter Radial Ply - 48% (.52)

Pg 4-28

Passenger/Performance Radial Ply Bridgestone - 4.04%/1% (.95) Pg 18-25;

Firestone - 4.04%/1% (.95) Pg 1-4

Name &/Or Number Of Price List

Continental General Tire

State Billing Price List (Form 2150-2001) And Supplement

Goodyear - Federal Open Market & Net

State Price List G302. (700-861-918-805) (3-03)

Bridgestone / Firestone Confidential Government

Price Catalog (BF/GOV-04)

Date Of Price List 9/01, 2004 Supplement 5/04 04/01/2003 02/01/2004 Additional Per Tire:

For Wheel & Tire Change Only

$4.00

$4.00

$4.00

For Dismounting /Mounting

$6.25

$6.25

$6.25

For Dynamic Wheel (Spin) Balancing

(Including Weights)

$7.50

$7.50

$7.50

Standard Valve Stem Installation

$2.75

$2.75

$2.75

New York State Retail Waste Tire Management Fee EXEMPT BY NYS LAW EXEMPT BY NYS LAW EXEMPT BY NYS LAW

For Tire Disposal $2.50 $2.50 $2.50

Brand/Tread Available At

Discount/S Above

All On Listed Pages Of Supplement, Ameri*GS60 Ameri*G4S XP2000II XP2000GT

All On Listed Pages Above

All Other Bridgestone On Listed Pages, except POTENZA, TURANZA, WINTER DUELER; All Other Firestone On Listed Pages, except AFFINITY, all FIREHAWK, FR680, FR690, and WINTERFORCE

Other Discount(s) For Specific Tire/s: Not Applicable Not Applicable Bridgestone - 14.14%/1% (.85) Pg 20-25

FIRESTONE - 19.19%/1% (.80) Pg 1-4 Other Brand/Tread

Applicable To Other Discount(s) Not Applicable Not Applicable

Bridgestone Pages 20-25, All: WINTER DUELER, POTENZA, TURANZA, S-402; Firestone Pages 1-4, All: AFFINITY, all FIREHAWK (except PV-series), FR680, FR690, and WINTERFORCE

Manufacturer's Price List and/or Tire Literature - Data/Spec Books: - see Page 2 of Award for hard copies and/or mfrs' website/s when available



ITEM NO. 2 - TIRES, HIGH SPEED

MANUFACTURER: Continental Tire, Inc. Goodyear Tire & Rubber Co. Bridgestone/Firestone, Inc. Discount/s For Passenger Car

Tires

Pursuit Radial Ply - 37% (.63) Pg 1of Supplement

Certified Police Auto - 48% (.52) Pg 1-3

Police/Winter Pursuit Firestone - 49.49%/1% (.50) Pg 1

Name &/Or Number

Of Price List









$4.00

$4.00

$4.00


$6.25

$6.25

$6.25


(Including Weights)

$7.50

$7.50

$7.50


$2.75

$2.75

$2.75




Discount/S Above

XP2000Z4 XP2000V4 XP2000AS

GEN EXCLAIM

All On Listed Pages Above ALL FIREHAWK PURSUIT TIRES (PV-SERIES @ TOP OF PAGE)

Other Discount(s) For Specific Tire/s: Not Applicable

EAGLE RS-A "V" - 56% (.44) EAGLE RS-A "97V" - 54% (.46)*

EAGLE UG GW2 - 49% (.51) Not Applicable

Other Brand/Tread Applicable To

Other Discount(s) Not Applicable

RS-A "V" - code 732-354-148 RS-A "V" - code 732-478-500

RS-A "97V" - code 732-354-500* UG GW2 - code 147-354-070

Not Applicable


GROUP 30600 - TIRES (NEW) AND RELATED SERVICES AWARD PAGE 8 _______________(Statewide)___________________________________________________________


ITEM NO. 3 - TIRES, LIGHT TRUCK, RADIAL PLY, TUBELESS TYPE

MANUFACTURER: Continental Tire, Inc. Goodyear Tire & Rubber Co. Bridgestone/Firestone, Inc. Discount/s For

Light Truck Tires

Light Truck Radial Ply - 34% (.66) Pg 5-7 Of Supplement

Radial Ply - 38% (.62) Pg 29-41 (See Bias & Commercial Tires Below)

Bridgestone - 9.09%/1%(.90)Pg 25-28; FIRESTONE - 9.09%/1% (.90) Pg 4-5

(See Better Discount Tires Below)










$4.50

$4.50

$4.50


$7.75

$7.75

$7.75


(Including Weights)

$9.50

$9.50

$9.50


$3.50

$3.50

$3.50

Typical Extended/Long Valve Stem Installation

$5.25

$5.25

$5.25




Discount/s Above

All On Listed Pages Of Supplement All Tires On Listed Pages Above (See Other Types & Discounts

Below)

Bridgestone: No Tires On Listed Pages Above (See Other Discounts Below); Firestone: All "DESTINATION " tires

Other Discount(s) For Specific Tire/s: Not Applicable Light Truck (Bias Ply) - 20% (.80);

Light Truck(Commercial) - 13% (.87)

Bridgestone - 14.14%/1% (.85) FIRESTONE - 23.23%/1% (.76)

Light Truck (Bias Ply) - 0.00%/1% (.99) Other Brand/Tread

Applicable To Other Discount(s) Not Applicable

Light Truck (Bias Ply) - All Tires On Listed Page 42;

Light Truck (Commercial) - All Tires On Listed Page 43

Bridgestone: All Light Truck Tires Listed On Pages 25-28;

Firestone: All Other Light Truck Tires (Not "LE" series) Listed On Pages 4-5




ITEM NO. 4 - TIRES (COMMERCIAL), MEDIUM/HEAVY & LIGHT, RADIAL PLY

MANUFACTURER: Continental Tire, Inc. Goodyear Tire & Rubber Co. Bridgestone/Firestone, Inc. Discount/s for Commercial

Bus/Truck Tires

36% (.64) - All TUBE TYPE TIRES Pg 1-5 Med Truck & Bus Section of Supplement (See Discount Below)

Commercial Radial Truck Tires Med/Hvy - 30% (.70) pg 44-48 (See Other Discounts Below)

Bridgestone - 24.24%1% (.75) pg 28-30 Firestone - 30.30%1% (.69) pg 6-7;

Bias Ply - 0%/1% (.99) pages 6-7, 28-30.






Bridgestone/Firestone Confidential Government


Date Of Price List 9/01, 2004 Supplement 5/04 04/01/2003 02/01/2004 Additional Per Tire: (See Better Discount Tires Below)


$9.50

$9.50

$9.50

For Typical Sizes - Dismounting /Mounting

$17.25

$17.25

$17.25

For Super Singles - Dismounting /Mounting

$21.25

$21.25

$21.25


(Including Weights)

$22.50

$22.50

$22.50


$6.00

$6.00

$6.00


$7.75

$7.75

$7.75


For Tire Disposal, Typical Sizes $10.50 $10.50 $10.50

For Tire Disposal, Super Singles $13.50 $13.50 $13.50


Discount/S Above

All "TT" On The Listed Pages Of Supplement: except HSC AP, HMS 45+ SS, HTC AP SS, Ameri* MSL AP, (o/o road); and (tubeless) tires.

All Commercial Tires On Listed Pages Above,

excluding page 43 (See LT tires below)

Bridgestone - All Tires, except o/o Hwy L300, M700, AND M800 Series Tires; Firestone - No Tires On Listed Pages Above (See Other Discounts Below)

Other Discount(s) For Specific Tire/s: TUBELESS Type: 40% (.60) pg 1-5

* D/139 Goodyear Commercial Light Truck - 13% (.87) pg 43

Firestone: 30.3%1% (.31) - pages 6-7; Bias Ply: 0%/1% (.99) - pg's 6-7, 28-30.


Other Discount(s)

All TUBELESS TIRES On pg 1-5 of Supplement, Except o/o road listed above and "TT" (Tube Type) tires

Goodyear's Commercial Radial Light Truck Tires, All on Pg 43

Firestone - All except on/off hwy T819, T831 Series Tires and any Bias Ply Tires (having "dash" ILO "R" in size number)




ITEM NO. 5 - TIRES (COMMERCIAL), ON/OFF HIGHWAY, DUMP TRUCK APPLICATION, RADIAL PLY

MANUFACTURER: Continental Tire, Inc. Goodyear Tire & Rubber Co. Bridgestone/Firestone, Inc. Discount/s for Commercial

Bus/Truck Tires

36% (.64) - All TUBE TYPE TIRES Pg 1-5 Med Truck & Bus Section of Supplement (See Discount Below)

Commercial Radial Truck Tires Med/Hvy - 30% (.70) pg 44-48

Bridgestone - 24.24%1% (.75) pg 28-30; Firestone - 24.24%1% (.75) pg 6-7;

Bias Ply - 0%/1% (.99) pages 6-7, 28-30.








Date Of Price List 9/01, 2004 Supplement 5/04 04/01/2003 02/01/2004 Additional Per Tire: (See Better Discount Tires Below)


$9.50

$9.50

$9.50


$17.25

$17.25

$17.25

For Super Singles - Dismounting /Mounting

$21.25

$21.25

$21.25


(Including Weights)

$22.50

$22.50

$22.50


$6.00

$6.00

$6.00


$7.75

$7.75

$7.75


For Tire Disposal, Typical Sizes $10.50 $10.50 $10.50

For Tire Disposal, Super Singles $13.50 $13.50 $13.50


Discount/S Above

All "TT" On The Listed Pages Of Supplement including HSC AP,

HMS 45+ SS, HTC AP SS, Ameri*MSL AP, (o/o road tires).

All o/o Road Commercial Tires On Listed Pages Above

Bridgestone - All o/o Hwy L300, M700, M800, R194 AND R296 series tires;

Firestone - No Tires On Listed Pages Above (See Other Discount/s Below)

Other Discount(s) For Specific Tire/s: TUBELESS Type: 40% (.60) Pg 1-5 Not Applicable Firestone - 30.3%1% (.31) - pages 6-7;

Bias Ply - 0%/1% (.99) pages 6-7, 28-30. Other Brand/Tread

Applicable To Other Discount(s)

All TUBELESS TIRES On pg 1-5 of Supplement, o/o road listed above,

Except "TT" (Tube Type) tires Not Applicable

Firestone - All o/o Hwy, T819, T831 Series Tires; but No Bias Ply o/o Tires - (having "dash" ILO "R" in size number)




ITEM NO. 6 - TIRES, OFF HIGHWAY, EQUIPMENT & EARTH MOVER TYPES, BIAS PLY

A: GRADER TREAD - BIAS PLY

MANUFACTURER: Continental Tire, Inc. Goodyear Tire & Rubber Co. Bridgestone/Firestone, Inc. Discount/s For Off Highway

Bias Ply Tires

All Bias Ply - 50% (.50) OTR Section of Supplement,

Pgs 1-7

All Bias Ply - 30% (.70) Pg 88-93

Bridgestone - 6.566%/1%(.925) Pg30-31 Firestone - (.925) No Tires On Pg 8-9











$22.00

$22.00

$22.00


$37.25

$37.25

$37.25


$13.00

$13.00

$13.00


$22.50

$22.50

$22.50


For Tire Disposal, Minimum Charge (Bias) $2.50 $2.50 $2.50

For Tire Disposal, All Bias Sizes (/OEM Wgt.) $0.11/Lb. $0.11/Lb. $0.11/Lb.


Discount/s Above

All Bias Ply On Listed Pages Above (having "dash" ILO "R" in size number)

All On Listed Pages Above (having "dash" ILO "R" in size

number)

Bridgestone: All OTR Bias Tires On Listed Pages Above;

Firestone: No Tires On Listed Pages Above (See Other Discounts Below);

Other Discount(s) For Specific Tire/s: Not Applicable Not Applicable Firestone - 9.09%/1% (.90)

(having "dash" ILO "R" in size number) Other Brand/Tread


Not Applicable

Not Applicable Firestone: All Off The Road (OTR)

Tires Listed On Pages 8-9




ITEM NO. 6 - TIRES, OFF HIGHWAY, EQUIPMENT & EARTH MOVER TYPES, BIAS PLY (Cont'd)

B: LOADER TREAD - BIAS PLY


Bias Ply Tires

All Bias Ply - 50% (.50) OTR Section of Supplement,

Pgs 1-7

All Bias Ply - 30% (.70) Pg 88-93

Bridgestone - 6.566%/1%(.925) Pg30-31 Firestone - (.925) No Tires On Pg 8-9











$22.00

$22.00

$22.00


$37.25

$37.25

$37.25


$13.00

$13.00

$13.00


$22.50

$22.50

$22.50


For Tire Disposal, Minimum Charge (Bias) $2.50 $2.50 $2.50

For Tire Disposal, All Bias Sizes (/OEM Wgt.) $0.11/Lb. $0.11/Lb. $0.11/Lb.


Discount/s Above

All Bias Ply On Listed Pages Above (having "dash" ILO "R" in size number)

All On Listed Pages Above (having "dash" ILO "R" in size

number)

Bridgestone: All OTR Bias Tires On Listed Pages Above;

Firestone: No Tires On Listed Pages Above (See Other Discounts Below);

Other Discount(s) For Specific Tire/s: Not Applicable Not Applicable Firestone - 9.09%/1% (.90)

(having "dash" ILO "R" in size number) Other Brand/Tread


Not Applicable Not Applicable Firestone: All Off The Road (OTR) Tires Listed On Pages 8-9




ITEM NO. 7 - TIRES, OFF HIGHWAY, EQUIPMENT & EARTH MOVER TYPES, RADIAL PLY

A: GRADER TREAD - RADIAL PLY


Radial Ply Tires

All Radial Ply - 50% (.50) OTR Section of Supplement,

Pgs 7-8

All Radial Ply - 30% (.70) Pg 83-87

Bridgestone - 6.566%/1%(.925) Pg30-31 Firestone - Radial Ply are Not Available

Name &/Or Number

Of Price List









$22.00

$22.00

$22.00


$37.25

$37.25

$37.25


$13.00

$13.00

$13.00


$22.50

$22.50

$22.50


For Tire Disposal, Minimum Charge (radial) $9.00 $9.00 $9.00

For Tire Disposal, All Radial Sizes (/OEM Wgt.) $0.30/Lb. $0.30/Lb. $0.30/Lb.


Discount/s Above

All OTR Radial Ply On Listed Pages Above


Bridgestone: All OTR Radial Tires On Listed Pages Above;

Firestone: Not Available

Other Discount(s) For Specific Tire/s: Not Applicable Not Applicable Not Applicable


Other Discount(s) Not Applicable Not Applicable Not Applicable


GROUP 30600 - TIRES (NEW) AND RELATED SERVICES AWARD PAGE 14 _______________(Statewide)__________________________________________________________ _


ITEM NO. 7 - TIRES, OFF HIGHWAY, EQUIPMENT & EARTH MOVER TYPES, RADIAL PLY (Cont'd)

B: LOADER TREAD - RADIAL PLY


Radial Ply Tires

All Radial Ply - 50% (.50) OTR Section of Supplement,

Pgs 7-8

All Radial Ply - 30% (.70) Pg 83-87

Bridgestone - 6.566%/1%(.925) Pg30-31 Firestone - Radial Ply are Not Available

Name &/Or Number

Of Price List









$22.00

$22.00

$22.00


$37.25

$37.25

$37.25


$13.00

$13.00

$13.00


$22.50

$22.50

$22.50


For Tire Disposal, Minimum Charge (Radial) $9.00 $9.00 $9.00

For Tire Disposal, All Radial Sizes (/OEM Wgt.) $0.30/Lb. $0.30/Lb. $0.30/Lb.


Discount/s Above



Bridgestone: All OTR Radial Tires On Listed Pages Above;

Firestone: Not Available

Other Discount(s) For Specific Tire/s: Not Applicable Not Applicable Not Applicable


Other Discount(s) Not Applicable Not Applicable Not Applicable




ITEM NO. 8 - TIRES, AGRICULTURAL TYPES

A: FRONT TRACTOR & IMPLEMENT TYPE (TRIPLE RIB OR MULTIPLE RIB TYPES)


Radial Ply Tires NOT AVAILABLE All Patterns - 30% (.70)

Pg 49-55 Bridgestone - Farm Tires Not Available Firestone - 29.29%/1% (.70) Pg 9-17

Name &/Or Number

Of Price List





Date Of Price List 04/01/2003 02/01/2004 Additional Per Tire:


$8.80

$8.80


$11.75

$11.75


$10.60

$10.60


$20.00

$20.00


For Tire Disposal, Minimum Charge (Bias & Radial to 24") $5.50 $5.50

For Tire Disposal, All Bias Sizes (/OEM Wgt.) $0.11/Lb. $0.11/Lb.

For Tire Disposal, All Radial Sizes (/OEM Wgt.) $0.30/Lb. $0.30/Lb.


Discount/s Above All Farm Tires

On Listed Pages Above

Bridgestone: Not Available; Firestone: All Farm Tires On Listed Pages Above

Other Discount(s) For Specific Tire/s:

Not Applicable Not Applicable


Other Discount(s)





ITEM NO. 8 - TIRES, AGRICULTURAL TYPES (Cont'd)

B: REAR TRACTOR & IMPLEMENT TYPE (CLEAT TYPES)


Radial Ply Tires NOT AVAILABLE All Patterns - 30% (.70)

Pg 56-71 Bridgestone - Not Available

Firestone - 29.29%/1% (.70) Pg 9-17

Name &/Or Number

Of Price List







$25.70

$25.70


$43.60

$43.60


$10.60

$10.60


$20.00

$20.00


For Tire Disposal, Minimum Charge (Bias & Radial to 24") $5.50 $5.50


For Tire Disposal, All Radial Sizes (/OEM Wgt.) $0.30/Lb. $0.30/Lb.


Discount/s Above All Farm Tires


Bridgestone: Not Available; Firestone: All Farm Tires On Listed Pages Above




Other Discount(s)



GROUP 30600 - TIRES (NEW) AND RELATED SERVICES AWARD PAGE 17 _______________(Statewide)____________________________________________

(continued) 18894a.doc/T05gb {06/04}

ITEM NO. 9 - TIRES, INDUSTRIAL, OTHER SMALL OFF-ROAD & SPECIALTY TYPES


Radial Ply Tires NOT AVAILABLE All Patterns - 10%

Pg 72-82

Bridgestone - See #6, #7, or #8 Firestone - See #6, #7, or #8

BS/FS markets these as OTR or FARM








See #1, #3, or #5

See #6, #7, or #8


See #1, #3, or #5

See #6, #7, or #8


$10.60

$10.60


For Tire Disposal, Minimum Charge (Bias) $2.50 $2.50



Discount/s Above All Industrial Tires


Bridgestone: All OTR Tires On Listed Pages Above; Firestone: Not Available




Other Discount(s)



GROUP 30600 - TIRES (NEW) AND RELATED SERVICES AWARD PAGE 18 _______________(Statewide)____________________________________________

(continued) 18894a.doc/T05gb {06/04}

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).

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 518-474-4032 or e-mail to [email protected] or visit their website at www.osc.state.ny.us.

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:

NYS agencies and/or political subdivisions whose receiving facilities cannot accommodate entrance of an over the road trailer with a height of 13'-6" must specify on their purchase order - "Maximum trailer height for delivery to this location is .”(insert height in this space).

GROUP 30600 - TIRES (NEW), AND RELATED SERVICES AWARD PAGE 19 (Statewide)


OVERLAPPING CONTRACT ITEMS: Products/services available in this contract may also be available from other New York State contracts. Agencies should select the most cost effective procurement alternative that meets their program requirements and maintain a procurement record documenting the basis for the selection.

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."

GENERAL:

All installed tires, their related component/s & services that are normally furnished and as required for the intended application (i.e., new standard valve stem and rim/tire sealant, etc.) shall be provided, except for those that are otherwise additionally stated/specified herein. All tires, components, equipment and combinations thereof as offered shall be compatible and approved for the intended application by the chassis and equipment manufacturers. The tire and its associated equipment shall be in accordance with manufacturer’s current standard data book specifications, requirements, recommendations and options and shall conform to all federal and state regulations in effect at the time of delivery.

EXTENSION OF PRICES COMMITMENT:

The contractor agrees to honor all orders from state agencies, political subdivisions and others authorized by law (including but not limited to "Non-State Agencies Participation in Centralized Contracts", "Extension of Use", and "Purchases by Consortium and Other Authorized Organizations", etc. clauses incorporated herein) that are in compliance with the pricing, terms, and conditions set forth in this contract document. Any unilateral limitations/restrictions imposed by the contractor and/or manufacturer on eligible contract users will be grounds for rejection of the bid or cancellation of the contract. If a contract, or any portion thereof, is cancelled for this reason, any additional costs incurred by the eligible purchaser will be borne by the contractor.

EXTENSION OF USE:

This contract may be extended to additional States or governmental jurisdictions upon mutual written agreement between New York State (the lead contracting State) and the contractor. Political subdivisions and other authorized entities within each participating State or governmental jurisdiction may also participate in any resultant contract if such State normally allows participation by such entities. New York State reserves the right to negotiate additional discounts based on any increased volume generated by such extensions.

PURCHASES BY CONSORTIUM AND OTHER AUTHORIZED ORGANIZATIONS:

Pursuant to Section 163 of the State Finance Law, any association, consortium or group of privately owned or municipal, federal or state owned or operated hospitals, medical schools, other health related facilities or voluntary ambulance services so authorized by the Commissioner may participate in contracts resulting from this bid opening, subject to the terms and conditions of the Notice of Contract Award.



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). 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 518-474-6717.

MINIMUM ORDER:

Minimum order shall be one (1) tire or one (1) service fee, as per requirements herein. In the event an additional option order is requested after original order is placed, it must be received by the contractor on a timely basis for implementation into the original factory order and/or the deadline for the regularly scheduled delivery truck.

PRICE:

General Wholesale Price Decrease Or Promotions - Prices are subject to decrease by the amount of any general decrease in the wholesale prices established by the manufacturer by deducting from the quoted price the difference between the established manufacturer's wholesale prices on the date of bid opening and the established manufacturer's wholesale prices on the date of the equipment is shipped from the factory.

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. Contractor/s may offer greater discounts for a specific tire within an Item/Tire Category when volume of sales is greater than that of other tires within that Item/Tire Category, or if contractor/s wish to provide more competitive prices. The contractor/s and/or manufacturer shall provide copies of any/all subsequent contracts that they are awarded for like statewide coverage. Any lower pricing in any of those awards shall be incorporated into this contract, effective the date of said subsequent lower contract pricing. The adjusted lower contract pricing shall remain in effect for one year (but not longer than fourteen months) before the subsequent annual PPI adjustment/s is/are applied to it. Minimum (1) one year lower contract pricing adjustments that are completed within two months of next PPI adjustment shall be adjusted at the next PPI adjustment period. This "provide copies" provision shall not apply to single one-time and limited periodic delivery/ies and/or limited delivery location/s type contracts.

Firm Pricing - Prices are firm for the first year of the contract and may be adjusted as indicated by the PPI Price Adjustment section below Discount reduction will not be allowed and is specifically excluded from the terms and conditions of the Invitation for Bid, its specifications and subsequent contract award. Price decreases or discount increases are permitted at any time.



PRICE (cont'd): PPI Price Adjustment - Adjustment may be made in pricing each June with such adjustment applying to all orders issued in the June the adjustment takes place through May of the following calendar year. Adjustment for all products shall be based on changes in the "Producer Price Index" identified below, comparing the "Annual" average as computed by the U.S. Bureau of Labor Statistics for the "just passed” calendar year of the year the contract bid opening was held with the "Annual" average of the year "just passed" for the contract period to be adjusted. Calculation will be rounded to nearest thousandth and will be from information posted on the web by the Bureau of Labor Statistics for the last full "Annual BLS Data" for the previous calendar year. If the "Annual" data is not posted, then the "Annual" may be calculated from the data that is posted or an "Annual" as received separately by the State from the U.S. Bureau of Labor Statistics may be used. PPI adjustments shall be applied to original Net Price(s) and subsequently issued Price List shall state the adjusted Net Price(s). Detail follows on the PPI, formula, applicable "annuals", etc.:

PPI(PRODUCER PRICE INDEX:

Series ID: WPU071201 Not Seasonally Adjusted Group: Rubber and plastic products Item: TIRES (Web access: http://data.bls.gov/labjava/outside.jsp?survey=wp)

FORMULA:

ADJUSTMENT FACTOR =

{Annual average for PPI for “just passed” calendar year}

Divided By

{Annual average for PPI for calendar year 2003}

CUMULATIVE CAP: The amount of an upward price adjustment shall not exceed 5% per year for any contact year as shown in "EXAMPLE" below. PERIODS FOR PRICE ESCALATION:

Year of Contract Time Period 1 June 2004 - May 2005 (No Escalation) 2 June 2005 - May 2006 3 June 2006 - May 2007 4 June 2007 - May 2008 5 June 2008 - May 2009 6 June 2009 - May 2010

EXAMPLE: The example below is strictly for illustration purposes. The information, calculations, etc., may not reflect

actual changes in the PPI and any allowable adjustments in price, etc., that might occur in the future. Assuming Annual Averages as follows:

2003 Annual Average = 90.2 2004 Annual Average = 94.7 2005 Annual Average = 99.9 2006 Annual Average = 97.6 2007 Annual Average = 102.4 2008 Annual Average = 109.9 2009 Annual Average = 110.9

- "PRICE" and "PPI Price Adjustment" continue on following pages. -



PRICE (cont'd): PPI Price Adjustment - (cont'd) Adjustment calculation for June 2004 – May 2005:

= {Annual for 2003}/{Annual for 2003} = 90.2/90.2 = 1.000 CUMULATIVE CAP: 1.000 + 0% = 1.000 ADJUSTMENT FACTOR: 1.000 (There is NO price adjustment until June 2005!)

Adjustment calculation for June 2005 – May 2006:

= {Annual for 2004}/{Annual for 2003} = 94.7/90.2 = 1.04988913 = 1.050 CUMULATIVE CAP: 1.000 + 5% = 1.050 ADJUSTMENT FACTOR: 1.050 Bid Prices (shown in the 2004 award) shall be multiplied by 1.050 and prices on

orders would be 5.0% higher for period of June 2005 – May 2006.

Adjustment calculation for June 2006 – May 2007: = {Annual for 2005}/{Annual for 2003} = 99.9/90.2 = 1.10753880 = 1.108 CUMULATIVE CAP: 1.050 + 5% = 1.100 ADJUSTMENT FACTOR: 1.100 (Adjustment Factor limited to Cumulative Cap) Bid Prices (shown in the 2004 award) shall be multiplied by 1.100 and prices on


Adjustment calculation for June 2007 – May 2008: = {Annual for 2006}/{Annual for 2003} = 97.6/90.2 = 1.08203991 = 1.082 CUMULATIVE CAP: 1.100 + 5% = 1.150 ADJUSTMENT FACTOR: 1.082 Bid Prices (shown in the 2004 award) shall be multiplied by 1.082 and prices on


Adjustment calculation for June 2008 – May 2009: = {Annual for 2007}/{Annual for 2003} = 102.4/90.2 = 1.13525498 = 1.135 CUMULATIVE CAP: 1.082 + 5% = 1.132 ADJUSTMENT FACTOR: 1.132 (Adjustment Factor limited to Cumulative Cap) Bid Prices (shown in the 2004 award) shall be multiplied by 1.132 and prices on


Adjustment calculation for August 2009 – July 2010: = {Annual for 2008}/{Annual for 2003} = 109.9/90.2 = 1.21840355 = 1.218 CUMULATIVE CAP: 1.132 + 5% = 1.182 ADJUSTMENT FACTOR: 1.182 (Adjustment Factor limited to Cumulative Cap) Bid Prices (shown in the 2004 award) shall be multiplied by 1.182 and prices on

orders would be 18.2% higher for period of June 2009 – May 2010. - "PRICE" and "PPI Price Adjustment" continue on following pages. -



PRICE (cont'd): PPI Price Adjustment - (cont'd) EXAMPLE (cont'd):

Adjustment calculation for August 2010 – July 2011: = {Annual for 2009}/{Annual for 2003} = 110.9/90.2 = 1.22949002 = 1.230 CUMULATIVE CAP: 1.182 + 5% = 1.232 ADJUSTMENT FACTOR: 1.230 Bid Prices (shown in the 2004 award) shall be multiplied by 1.268 and prices on

orders would be 23.0% higher for period of June 2010 – May 2011. PPI PRICE ADJUSTMENT IMPLEMENTATION:

It is the contractor's responsibility to request any price adjustments 30 days prior to the end of each (12) twelve-month period identified above. In the event of a contract period extension, the State will continue with PPI price increases or decreases on a (12) twelve-month basis under the same terms as above.

Discontinued Tire/s (Ranked and/or Tracked) - When a tire (or tires) with a substantial sales volume history and/or with an estimated quantity stated and ranked in the bid opening IFB is discontinued, then an equal or better tire shall be provided at the same pricing. Any future adjustment in price for the replacement tire/s may be permitted via the aforementioned PPI Price Adjustment provisions of the original tire/s. At the sole discretion of the Commissioner, The State may waive this requirement when the discontinued tire's sales volume has already significantly shifted to the replacement tire/s while both tires were readily available; and the State determines the requested price is verifiable and is reasonable.

New Tire Price and/or PPI Adjustment/s - New Tires may be added to the manufacturer's MSRP when the new product/s is/are available and the State determines the requested price is verifiable and is reasonable. Any future adjustment in price for the new tire/s may be permitted via the aforementioned PPI Price Adjustment provisions. Base "Annual PPI" for adjustment purposes shall be that stated in the PPI for the calendar year prior to the year that the new product became available.

No Charge Equipment - In the event optional equipment is promoted or priced as "no charge," then that equipment shall be provided at no charge on all deliveries made on the effective date/s of the promotion or thereafter or a credit shall be issued if not provided. The State reserves the right to exclude this paragraph for retail promotions only, except when the net price of the tire and the no charge optional equipment and/or fee/s being promoted is lower than the contract net price.

Unworkable Price Structure - Should the price structure utilized by the parties become unworkable, detrimental or injurious to the State 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, he 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.

"Related Tire Services" Fee Adjustment/s - At the sole discretion of the Commissioner, The State reserves the right to adjust the "Tire Service Fees" for each Item herein. Adjustment for Tire Service Fees shall be based on changes in the "State and Area Employment, Hours, and Earnings" identified below, comparing the "Annual" average as computed by the U.S. Bureau of Labor Statistics for the "just passed” calendar year of the year the contract bid opening was held with the "Annual" average of the year "just passed" for the contract period to be adjusted. Calculation shall be like the "EXAMPLE" used previously for the "PPI Price Adjustment", except Annual Earnings shall be used.



PRICE (cont'd): "Related Tire Services" Fee Adjustment/s - (Cont'd) BLS Series ID: SMU360000070000001

Not Seasonally Adjusted State: New York Area: Statewide Supersector: Service - Providing Industry: Service - Providing Item: TIRES

(Web access: http://data.bls.gov/labjava/outside.jsp?survey=sm)

Limitation - Price adjustments are limited to changes as allowed for in this "Price" clause. Increases in contract costs or prices to compensate for other increases in the cost of doing business, regardless of the cause or nature of such costs to the Contractor, will not be allowed during the contract period.

Other Price Adjustments - No additional, separate adjustment in price for fuel, labor, etc., shall be permitted for the product/s solicited other than the "PPI Price Adjustment, or the "Related Tire Services Fee Adjustment/s" as described previously.

Taxes and Fees - Purchases made by the State of New York and certain non-State Authorized Users are exempt from New York State and local sales taxes, NYS Retail Waste Tire Management Fee and, with certain exceptions, federal excise taxes. All references to "FET" and/or Federal excise tax charges shall be deleted from all issued Price List.

Discount on Options - Upon request, vendors are required to give the contract users a copy of the approved Manufacturer’s Suggested Retail Price in effect for options at the time of purchase. The MSRP includes, but is not limited to, the manufacturer's OEM tires and third party manufacturer's inner tube options, etc. When third party mfr's product is incorporated within the commodity (i.e., tire) mfr's "MSRP" List at a different pricing structure, the contractor/s may offer a discount specific to those options (inner tubes, etc.) and those specific options with their page location/s shall be readily identified. Products not in the tire mfr's MSRP shall be Open Market purchases covered by the facilities usual Policies and Guidelines. Other OEM Options - Regardless of any price list being incorporated as a part of this contract, the prices charged for any listed option requested by the ordering agency shall not exceed the MSRP, less applicable discount. Prices for other non-contract options not incorporated, as part of the contract shall not exceed the MSRP for the option and/or the user's discretionary spending limits for all the non-contract options combined.

Price Includes All Equipment - Prices listed include all standard equipment (rim conditioning, rim to tire lubricant/sealant for dismounting/mounting, etc.) and specified options.

Addition of Products - Subsequent to award, consideration may possibly be given to the addition of products to a contract as a part of the price list if such products are:

Ø Needed by a client agency; Ø Similar to those already awarded, or are of the same product line; Ø Priced commensurately with other products already awarded.



VOLUME DISCOUNTS: Volume discounts shall be defined and applied as follows: Purchase order volume discounts shall be additional discounts applied to individual purchase orders over a specified dollar amount. Cumulative agency volume discounts shall be additional discounts applied to all future orders made by an individual agency once the established volume has been met by that agency. Statewide volume discounts will be applied cumulatively statewide. These Cumulative statewide volume discounts shall be additional discounts applied to all future orders for all state and non-state orders once an established volume has been met under this contract. The statewide volume discounts will be determined annually on the anniversary of date of contract award and/or as follows:

PURCHASE AMOUNT

ADDITIONAL VOLUME DISCOUNT

Continental Tire and Goodyear Rubber Co.

Bridgestone Firestone

$1 -$3,000,000 .25% As previously stated and indicated to the left

1% on all orders for entire contract

$3,000,001 - $9,000,000 .50% As previously stated and indicated to the left


$9,000,001 and above 1% As previously stated and indicated to the left


DELIVERY:

Time - Delivery shall be acknowledged and expressed as the number of calendar days required to make delivery after receipt of a purchase order (A/R/O). Time is of the essence in regard to the delivery of tires. Tires are required as soon as possible & guaranteed delivery may be considered by an agency issuing a purchase order. Purchase Order Instructions - 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. Expansion of Delivery Points - Upon mutual agreement, delivery locations may be expanded per the "Non-State Agencies Participation in Centralized Contracts", "Extension of Use" and "Purchases by Consortium and Other Authorized Organizations" clauses incorporated herein. Delivery Condition - Tires must be delivered strictly in accordance with specifications, shall be "NEW" condition and currently manufactured product. Recapped and/or Remanufactured tires are unacceptable. If tire is delivered with deviations, readily noticeable manufacturing defects, or improper servicing, the contractor must arrange to have the necessary work and/or replacement done within five (5) days (exclusive of Saturdays, Sundays, and holidays) after receipt of written notification from the agency and/or the Office of General Services. Otherwise, the purchasing agency may have the corrections made at contractor's expense.

Shipping Dates And Delivery Time -

• Contractor shall provide written acknowledgement of orders within five (5) business days after receipt of order.

• Contractor shall provide ordering agency with anticipated shipping date of completed order with the written acknowledgement of order.

• If shipment will not be made within the stated delivery time, the Contractor is required to notify the agency in writing at least two weeks prior to the latest date of the original delivery obligation. This notification must include the reasons for the delay and the latest date the vehicle will be shipped. Should the delay not be acceptable to the using agency, appropriate contract default proceedings will be initiated. Failure to supply timely written notification of delay may be cause for default proceedings.

• All correspondence on shipping dates and delivery time shall be directed to the ordering agency's contact person.



CONTRACT PERIOD AND EXTENSIONS: General - Contract shall be from date of issuance of Contract Award Notification through July 31, 2009. Additional contract period years may be added if contract is extended beyond original term (see "Extension of Contract").

Termination By Issuance of New Award - Notwithstanding the foregoing, the contracts covered by the Contract Award Notification for this bid opening shall be terminated by the issuance of a new Contract Award Notification for the same or substitute commodity for any new applicable contract period.

Cancellation After Twelve Months - The state may unilaterally cancel the contract on a monthly basis any time after the initial twelve (12) months by providing written notification at least one (1) month prior to the effective date of cancellation. The minimum term of the contract shall be twelve (12) months. 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.

Extension of Contract - If mutually agreed between the Procurement Services Group and the contractor, a contract may be extended under the same terms and conditions for additional period(s) not to exceed a total contract term of ten (10) years.

SHORT TERM EXTENSION:

In the event the replacement contract has not been issued, any contract let and awarded hereunder by the State, may be extended unilaterally by the State for an additional period of up to one month upon notice to the contractor with the same terms and conditions as the original contract including, but not limited to, quantities (prorated for such one month extension), prices, and delivery requirements. With the concurrence of the contractor, the extension may be for a period of up to three months in lieu of one month. However, this extension terminates should the replacement contract be issued in the interim.

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.

WARRANTIES:

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

Normal wear and tear items (i.e., Tires) shall be warranted in accordance with manufacturer's standard published warranty, except as noted in following paragraph. Adjustments will be based on the contract price. Tread Wear Mileage Warranty - Government and/or Commercial use tires do not have this coverage.

Products Under Development - Products under development, not yet in production or not fully available in the commercial/retail market may be accepted if offer meets all other requirements of this solicitation. Any surety bond required shall serve as security in the event that the product and/or any required accessory does not become available by the start of the contract or if the product becomes available but does not comply with the product literature and specifications submitted at the bid opening.

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



GUARANTEE: The tire(s) shall be new and of current production. They shall be in accordance with manufacturer's current standard data book specifications, requirements, recommendations and options and shall conform to all federal and state regulations in effect at the time of delivery. Any combination of tires and tread patterns, as ordered, must be available as a factory order. No award will be made to a dealer/distributor for tire/s to be delivered and serviced outside their territory unless the manufacturer of the tire/s guarantees in writing to the Office of General Services to service such tire/s wherever located in New York State. The contractor shall guarantee all tire/s furnished for the tire manufacturer’s standard warranty period. This guarantee shall include defective materials and workmanship. If, during this period, repairs and/or tire(s) / part(s) replacement become necessary due to defective materials (excluding road hazard damages) and workmanship, all labor and material shall be furnished by the contractor at no cost to the purchasing agency.

PRICE SHEETS AND CATALOGS:

Contractor shall be required to furnish, without charge, catalog and price lists identical to those accepted with their bid, including any changes (additions, deletions, etc.) pursuant to the contract, to authorized users which request them. Catalogs and price lists provided must reflect all products excluded from the resultant contract either through the omission of those portions or by obvious indications within the catalogs and price lists. Catalogs and price lists may be furnished in either hard-copy or electronic format. If available in both formats, they shall be furnished in the format preferred by the requesting authorized user. Upon request the contractor shall assist authorized users in the use of catalogs and price lists.

CONTRACT PRICE LIST:

Upon notification of award, contractor shall furnish within 15 days, to Office of General Services, Procurement Services Group, without charge, 10 copies of contract price list, showing contract price per tire. Contractor shall also furnish such price list without charge directly to State Agencies and other authorized users upon request. Contractor shall make delivery of any size or kind of tire classified for the purpose described under that ITEM and included in the manufacturer’s published retail price list. They shall also include in their bid the discount from list price which will apply to any new tire that may become available during the contract period.

INTERNET WEBSITES:

The State would prefer and recommends that successful bidders have a designated NYS contract website for end users direct access. This website will be listed under the Contractor information. The website will be the responsibility of the contractor to maintain and keep updated. Changes in product line or pricing must be approved by the Procurement Services Group in accordance with any terms included in this bid prior to addition to the website. Hard copy catalog and price lists, either in paper format or electronic format, must be available to all end users who either do not have web access or prefer the optional format.

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.



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, or termination of contract model year availability. The reports shall be in the following format:

ItemNo.er

Order Code Item & Option Description - By Each Sales Item/Category Qty

Value Each

Grand Total

1 Total Base Item Units (Tires) Sold to Political Sub-Divisions 400 $1000. $400,000.

Options (Total Value of Options/Service-Fees Sold) $11,000.

$11,000.

Sub-Total Sales of Base Item & Options (Political Sub-Division) $422,000.

1 Total Base Item Units (Tires) Sold to State Agencies 40 $1000. $40,000. Options (Total Value of Options/Service-Fees Sold) $3,000. $3,000. Sub-Total Sales of Base Item & Options (State Agencies) $48,000.

2 Total Base Item Units (Tires) Sold to Political Sub-Divisions 40 $1000. $40,000. Options (Total Value of Options/Service-Fees Sold) $3,000. $3,000. Sub-Total Sales of Base Item & Options (Political Sub-Division) $48,000.

2 Total Base Item Units (Tires) Sold to State Agencies 400 $1000. $400,000. Options (Total Value of Options/Service-Fees Sold) $11,000. $11,000. Sub-Total Sales of Base Item & Options (State Agencies) $422,000. Grand Total All Sales Base Item, & Options/Fees $896,000.

"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.



RELATED TIRE SERVICE FEES: Tire Dismounting/Mounting Service Fees - Shall include removal and reinstallation of the rim/wheel and its tire from the vehicle at the contractor/s and/or sub-contractor's place of business; the dismounting and removal of the tire of the rim/wheel; and subsequent mounting of the new and/or repaired tire unto the rim/wheel. Fee shall include all rim/ wheel preparation for mounting (i.e., cleaning/conditioning, lubricating/sealant, rotation, etc). At the Contractor's and the User's discretion they may agree to have the dismounting and mounting only done at remote locations on a periodic schedule for the same fee, with or without removal and installation from/onto the vehicle. This Fee does not include a new valve stem. New valve stem is recommended with each new tire, whenever old tire tread is nearly worn-out. Tire Change Service Fees - Shall include removal and reinstallation of the rim/wheel and its tire from the vehicle at the contractor/s and/or sub-contractor's place of business (Not Available with Dismounting/Mounting Fee); may be required with price additional Balancing Fee when Tire Dismounting/Mounting is not involved; includes tire rotation when requested for one or more wheel locations/positions. Tire Disposal Service Fees (All Typical Sizes) - When requested by user, fee shall include local dealer disposal of all typically sized tires for the stated fee (see respective Item/Category). See NYCRR Title 19 sections 27-1901 through 1915 for mandatory waste tire acceptance, non-burial and other related requirements. Tire Disposal Service Fees (All Oversized Tires) - When requested by user, fee shall include local dealer disposal of all over sized tires for the stated fee (see respective Item/Category). See NYCRR Title 19 sections 27-1901 through 1915 for mandatory waste tire acceptance, non-burial and other related requirements. Valve Stem (Extended/Long) Installation Service Fees - Shall include manufacturer's typical extended/long stem, valve recommendation for the type of tire, rim/wheel, and mounting location. Required with all new tires mounted on rim/wheel that has a nearly solid tread-wear indicator bar/s, except when deleted per purchase order instruction and/or tire is delivered loose/unmounted. See "Discount on Options" and "Other OEM Options" in the "Method of Award" section for additional stem option requirements. Valve Stem (Standard) Installation Service Fees - Shall include manufacturer's standard stem length valve recommendation for the type of tire, rim/wheel, and mounting location. Required with all new tires mounted on rim/wheel that has a nearly solid tread-wear indicator bar/s, except when deleted per purchase order instruction and/or tire is delivered loose/unmounted. See "Discount on Options" and "Other OEM Options" in the "Method of Award" section for additional stem option requirements. Wheel Balancing (Dynamic Spin) Service Fees - Shall include accurate dynamic spin wheel balancing on a typical commercial quality balancing machine properly sized for the tire being balanced and all required weights.



WASTE TIRE MANAGEMENT FEE (NYS) - Government and certain other Contract Users are Exempt From the NYS "Tire Management Fee" of $2.50/tire.

Exempt Sales - The sales of new tires to the following are not subject to (are exempt from) the waste tire management fee:

Governmental Entities And Certain Exempt Organizations - • the State of New York, its agencies, instrumentalities and political subdivisions;

• the United States, its agencies and instrumentalities;

• limited dividend housing companies exempt under section 93(1) of the Private Housing Finance Law; and

• nonprofit property and casualty insurance companies exempt under section 6707 of the Insurance Law.

Documentation Of Exempt Sales -

Governmental Entities - exercise their exemption by issuing governmental purchase orders, other appropriate governmental documents, or Form MT-171, Waste Tire Management Fee, Exempt Purchase certificate. Limited Dividend Housing Companies, And Nonprofit Property/Casualty Companies - exercise their exemption by providing the tire retailer with a copy of their sales tax exemption letter issued to them by the Tax Department.

Tire Contactor(s) / Dealer(s) - shall contact New York State Department of Taxation and Finance, Office of Tax Policy Analysis, Technical Services Division, W A Harriman Campus, Albany NY 12227, or www.nystax.gov, at (800) 225-5829 and familiarize themselves with the requirements of (and/or latest revision/s thereof):

TSB-M-03(3)M - Miscellaneous Tax -Waste Tire Management Fee, dated August 15, 2003;

TSB-M-03(5)M - Miscellaneous Tax -Waste Tire Management Fee, dated November 4, 2003; and

TSB-M-03(6)C, TSB-M-03(7)I, TSB-M-03(7)S, TSB-M-03(6)M, TSB-M-03(6)R, All Taxes, dated December 9, 2003.

INVOICING INSTRUCTIONS:

Individual service stations (i.e., dealer locations) must provide invoicing directly from the contractor of record for all NY State Agency purchases and local invoicing directly from the service station and/or directly from the contractor of record for all Political Subdivision purchases.



ACRONYMS:

ACTS Inc. is the acronym for Associated Consultants of Technical Services Incorporated, Phone (586) 677-5745, 54527 Joseph Ronald Drive, Macomb Township, MI 48042, FAX No. (586) 677-5746.

CATL is the acronym for the Cooperative Approved Tire List. CTQP is the acronym for the Cooperative Tire Qualification Program. ILO is the acronym for In Lieu Of. UTQG is the acronym for the Uniform Tire Quality Grade designation.

GENERAL: The manufacturer’s certification that the tires offered conform to the Federal CTQP Administrator’s Approval-Requirements & ASTM Standard/s, and test procedures and test results confirming this certification, shall be furnished on request.

Tires shall be identified by the manufacturer’s brand name & complete trade designation and shall be those, or a better grade than those supplied as original equipment to at least one of the following: Chrysler Corp.; Ford Motor Co.; General Motors Corp.; Major Truck Manufacturers; Farm Equipment Manufacturers; Road Maintenance Equipment and Earthmoving Equipment Manufacturers.

Tests for patrol tire quality may be conducted by the Division of State Police in which case the determination of the Superintendent of State Police shall be final.

The tires shall be independently tested & certified to satisfy the requirements hereinafter: including their respective CTQP, Tire Group, Tire/Tread Class Definition/s, Code Definition/s, Speed Category Code, Tire Size Designation, Tire Load-Ply-Star Rating, and/or UTQG tread-wear-traction-temperature designations; as requested at the solicitation’s item and/or sub-item level/s. Units offered shall comply to the latest revision thereof, or when tentative document designations used have not been finalized, its predecessor document’s requirements shall be acceptable.

HIGHWAY TIRES: Highway Tires including (but not limited to): passenger car tires, high-speed/police-pursuit tires, light truck tires, truck/bus/trailer (medium & heavy duty) tires shall be CTQP/CATL approved and listed per the following document requirements: - ASTM Standard F1922, Test Method for Tires, Pneumatic, Vehicular, Highway (formerly ZZ-T-381 &

PS63-97) - CTQP-AM-1922, Administrator’s Approval and Requirements Manual for Tires, Pneumatic, Vehicular,

Highway - CATL-1922, Jun2002, Cooperative Approved Tire List (CATL) for Tires Pneumatic, Vehicular Highway

(replaces previous version CATL-1922, Apr2001 and the former GSA OPL ZZ-T-381-7, Jun96 and CATL-63-97)

OFF-ROAD/LOW SPEED TIRES: Off-Road/Low Speed Tires including (but not limited to off-highway tires (mining & logging, compactor, earthmoving, loader & dozer, grader and traction grader); shall be CTQP/CATL approved and listed per the following document requirements: - ASTM Standard F1923, Test Method for Tires, Pneumatic, Vehicular, Low Speed, Off Highway (formerly

ZZ-T-1083 & PS86-97) - CTQP-AM-1923, Administrator’s Approval and Requirements Manual for Tires, Pneumatic, Vehicular,

Low speed, Off Highway - CATL-1923, Jun2002, Cooperative Approved Tire List (CATL) for Tires, Pneumatic, Vehicular, Low

Speed, Off Highway (replaces all previous versions of CATL-1923 and the former GSA QPL ZZ-T-1083-3, Sep94)

Manufacturer’s standard agricultural & industrial tires are acceptable.



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, Room 3711

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

* * * * *

Documents

CONTRACT AWARD NOTIFICATION - ogs.state.ny.us · CONTRACT AWARD NOTIFICATION Title: Group 30600 - TIRES (New) AND ... tire product line/s and related option pricing shall be …