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Perkinelmer Health Sciences, Inc Corning Tower, Empire State Plaza, Albany, NY 12242 | http://nyspro.ogs.ny.gov | [email protected] | 518-474-6717 New York State Contract # (for State use only) CENTRALIZED CONTRACT FOR THE ACQUISITION OF ADVANCED SCIENTIFIC EQUIPMENT & INSTRUMENTS (Statewide) BETWEEN THE NEW YORK STATE OFFICE OF GENERAL SERVICES AND PERKINELMER HEALTH SCIENCES, INC. Advanced Scientific Equipment & Instruments Page 2 of 30 THIS AGREEMENT (hereinafter the “Contract” or the “Agreement”) is made by and between the People of the State of New York, acting by and through the Commissioner of General Services, whose office is on the 41st Floor, Corning Tower Building, Governor Nelson A. Rockefeller Empire State Plaza, Albany, New York 12242 (hereinafter referred to as the “State” or the Office of General Services (“OGS”)) and PerkinElmer Health Sciences, Inc., having its principal place of business at 710 Bridgeport Avenue, Shelton, Connecticut 06484 (hereinafter referred to as the “Contractor”). OGS and the Contractor are collectively referred to as the “Parties.” WHEREAS, OGS is statutorily authorized to enter into Centralized Contracts for commodities, services and technology for use by New York State agencies and departments, public authorities, political subdivisions and others authorized by statute to utilize its contracts (hereinafter “Authorized Users”), WHEREAS, OGS has identified a need by New York State Authorized Users for Advanced Scientific Equipment and Instruments, as further described herein, WHEREAS, OGS issued a non-competitive periodic recruitment solicitation for Advanced Scientific Equipment and Instruments, referred to as Solicitation #22962, to create a Centralized Contract for use by New York State Authorized Users that focuses on implementing best practices and identifying opportunities for savings, and is consistent with the administration’s policy goals of encouraging the participation of small businesses and certified minority- and women-owned business enterprises, which was advertised on April 22, 2015 in the New York State Contract Reporter, as required by New York State Economic Development Law, WHEREAS, the Solicitation set forth mandatory minimum requirements and qualifications that a Bidder must meet to be eligible for award, WHEREAS, the Solicitation identified the scope of Advanced Scientific Equipment and Instruments that a Bidder could offer in its Bid, WHEREAS, OGS accepted and evaluated bids to identify the Bidder(s) who met certain minimum requirements and qualifications and could provide Advanced Scientific Equipment and Instruments at reasonable prices, and, WHEREAS, the State has determined that the Contractor meets the minimum requirements and qualifications identified in the Solicitation, offers Advanced Scientific Equipment and Instruments at reasonable prices, is a responsible vendor, and is willing to offer the Advanced Scientific Equipment and Instruments set forth herein under the terms and conditions contained herein and at prices that have been found to be reasonable. NOW THEREFORE, in consideration of the terms hereinafter mentioned and also the mutual covenants and obligations moving to each party hereto from the other, the Parties hereby agree as follows: 22962 PerkinElmer Health Sciences, Inc. Advanced Scientific Equipment & Instruments Page 3 of 30 Contents INTRODUCTION ........................................................................................................................................ 5 1.1 LOT OVERVIEW/DETAILED SCOPE .................................................................................................... 5 1.2 HISTORICAL SPEND AND QUANTITIES ............................................................................................ 7 1.3 PERIODIC RECRUITMENT .................................................................................................................... 7 1.4 GLOSSARY ................................................................................................................................................ 8 1.5 PERFORMANCE AND BID BONDS ...................................................................................................... 9 TERMS AND CONDITIONS ........................................................................................................................ 9 2.1 CONTRACT PRICE LIST MODIFICATIONS ........................................................................................ 9 2.2 PUBLISHED PRICE LIST ...................................................................................................................... 10 2.3 REASONABLENESS OF PRICE .......................................................................................................... 10 2.4 CONTRACT ADMINISTRATOR ........................................................................................................... 11 2.5 PROCUREMENT INSTRUCTIONS...................................................................................................... 12 2.6 ORDERING .............................................................................................................................................. 12 2.7 DISCREPANCIES ................................................................................................................................... 13 2.8 INVOICING ............................................................................................................................................... 13 2.9 PRODUCT RETURNS AND EXCHANGES ........................................................................................ 13 2.10 TELEPHONE NUMBER ......................................................................................................................... 14 2.11 DELIVERY ................................................................................................................................................ 14 2.12 SHIPPING CHARGES ............................................................................................................................ 14 2.13 PACKAGING ............................................................................................................................................ 15 2.14 INSTRUCTION MANUALS .................................................................................................................... 15 2.15 SAFETY DEVICES.................................................................................................................................. 15 2.16 RECALLS ................................................................................................................................................. 15 2.17 REPORT OF CONTRACT PURCHASES ........................................................................................... 15 2.18 DESIGNATED RESELLERS/DISTRIBUTORS ................................................................................... 16 2.19 PUBLIC WORKS ..................................................................................................................................... 16 2.20 CONFLICT OF TERMS AND CONDITIONS....................................................................................... 16 2.21 APPENDIX A ............................................................................................................................................ 16 2.22 APPENDIX B ............................................................................................................................................ 16 2.23 MERCURY ADDED CONSUMER PRODUCTS ................................................................................. 19 2.24 CONTRACTOR REQUIREMENTS AND PROCEDURES FOR EQUAL EMPLOYMENT AND BUSINESS PARTICIPATION OPPORTUNITIES FOR MINORITY GROUP MEMBERS AND NEW YORK STATE CERTIFIED MINORITY- AND WOMEN-OWNED BUSINESS ENTERPRISES ............... 20 2.25 NEW YORK STATE VENDOR RESPONSIBILITY QUESTIONNAIRE FOR-PROFIT BUSINESS ENTITY ................................................................................................................................................................... 24 2.26 TAX LAW §5-A ......................................................................................................................................... 24 22962 PerkinElmer Health Sciences, Inc. Advanced Scientific Equipment & Instruments Page 4 of 30 2.27 USE OF RECYCLED OR REMANUFACTURED MATERIALS ....................................................... 25 2.28 ENVIRONMENTAL ATTRIBUTES AND NYS EXECUTIVE ORDER 4 .......................................... 25 2.29 SURPLUS/TAKE-BACK/RECYCLING ................................................................................................. 25 2.30 NON-STATE AGENCIES PARTICIPATION IN CENTRALIZED CONTRACTS ............................ 26 2.31 EXTENSION OF USE ............................................................................................................................. 26 2.32 EXTENSION OF USE COMMITMENT ................................................................................................ 26 2.33 CONTRACT TERM ................................................................................................................................. 27 2.34 SHORT TERM EXTENSION ................................................................................................................. 27 2.35 POOR PERFORMANCE .......................................................................................................................
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