David A. Paterson
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ANDREW M. CUOMO STATE OF NEW YORK ROANN M. DESTITO GOVERNOR EXECUTIVE DEPARTMENT COMMISSIONER OFFICE OF GENERAL SERVICES MAYOR ERASTUS CORNING 2ND TOWER THE GOVERNOR NELSON A. ROCKEFELLER EMPIRE STATE PLAZA ALBANY, NEW YORK 12242 March 22, 2013 Beau Moya Ricoh Production Print Solutions, LLC 6300 Diagonal Hwy Boulder, CO 80301 Dear Mr. Moya, We are inquiring about your willingness to extend the above referenced contract for the provision of printer maintenance. The NYS Office of General Services (OGS) wishes to extend Contract PT59699 with Ricoh Production Print Solutions, LLC for an additional 12 months or until a new contract for production printing equipment is awarded, whichever occurs first. Before it becomes effective, the extension must first be approved by both OGS and the Office of the State Comptroller (OSC). The extension period shall commence upon approval by OSC. Please advise this office in writing no later than March 26, 2013, if your company is willing to extend the above referenced contract as set forth herein. In accordance with the Procurement Lobbying Act, the designated contacts for this procurement are: DESIGNATED CONTACTS Terry Deere Riley, Contract Management Specialist 1 Jamie Nusbaum, Purchasing Team Leader Telephone No. (518) 474-2717 Telephone No. (518) 474-5340 E-mail address: [email protected] E-mail address: [email protected] This letter must be fully and properly executed by an authorized person. By signing you certify your express authority to sign on behalf of yourself, your company, or other entity and full knowledge and acceptance of the requirements stated in the original bid, Appendix A (Standard Clauses For New York State Contracts), Appendix B-1 (General Specifications Technology Products and Services), and State Finance Law §139-j and §139-k (Procurement Lobbying), and that all information provided is complete, true and accurate. By signing, you affirm that you and your firm understand and agree to comply with the OGS procedures relative to permissible contacts as required by State Finance Law §139-j (3) and §139-j (6) (b). Below are standard clauses on lobbying that apply to a renewal/extension: PROCUREMENT LOBBYING TERMINATION: OGS reserves the right to terminate this contract in the event it is found that the certification filed in accordance with New York State Finance Law §139-k was intentionally false or intentionally incomplete. Upon such finding, OGS may exercise its termination right by providing written notification to our firm in accordance with the written notification terms of the contract. Page 1 of 8 Ricoh Production Print Solutions Extension PT59699.docx SUMMARY OF POLICY AND PROHIBITIONS ON PROCUREMENT LOBBYING: Pursuant to State Finance Law §§139-j and 139-k, this renewal/extension includes and imposes certain restrictions on communications between OGS and a firm or an individual working on behalf of a firm during the procurement process. You are restricted from making contacts from the earliest notice of intent to renew/extend through final award and approval of the Procurement Contract by OGS and, if applicable, the Office of the State Comptroller (“restricted period”) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j (3) (a). Designated staff, as of the date hereof, is identified on the first page of this letter. OGS employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of your firm pursuant to these two statutes. Certain findings of non- responsibility can result in rejection for contract award and in the event of two findings within a four-year period, the Offerer/bidder is debarred from obtaining governmental Procurement Contracts. Further information about these requirements can be found on the OGS website: http://ogs.ny.gov/Aboutogs/regulations/defaultAdvisoryCouncil.html The questions below should be answered before returning this letter to us. BIDDER/OFFERER DISCLOSURE OF PRIOR NON-RESPONSIBILITY DETERMINATIONS Pursuant to Procurement Lobbying Law (SFL §139-j) A. Has any Governmental Entity made a finding of non-responsibility regarding the individual or entity seeking to enter into the _________YES _________NO Procurement Contract in the previous four years? If yes, please answer the following question: B. Was the basis for the finding of non- responsibility due to a violation of State _________YES ________NO Finance Law §139-j? C. If yes, was the basis for the finding of non-responsibility due to the intentional provision of false or incomplete information to _________YES _________NO a governmental entity? If yes, please provide details regarding the finding of non-responsibility: Governmental Entity: Date of Finding of Non-responsibility: Basis of Finding of Non-Responsibility: (add additional pages if necessary) D. Has any governmental agency terminated or withheld a procurement contract with the above-named individual or entity due to the intentional provision of false or _________YES _________NO incomplete information? If yes, please provide details: Governmental Entity: Date of Termination or Withholding of Contract: Basis of Termination or Withholding: (add additional pages if necessary) Page 2 of 8 Ricoh Production Print Solutions Extension PT59699.docx Any new products or services sold under the extended contract will be subject to the same terms and conditions of the original agreement, as previously awarded, extended or amended, with the additional requirements set forth below: 1. A revised Appendix A (December 2012). The revised Appendix A has been attached electronically to this notification and shall govern the contract extension. 2. The new Iran Divestment Act requirements detailed below. 3. The extension shall be limited to maintenance offerings. IRAN DIVESTMENT ACT As a result of the Iran Divestment Act of 2012 (Act), Chapter 1 of the 2012 Laws of New York, a new provision has been added to the State Finance Law (SFL), § 165-a, effective April 12, 2012. Under the Act, the Commissioner of the Office of General Services (OGS) will be developing a list (prohibited entities list) of “persons” who are engaged in “investment activities in Iran” (both are defined terms in the law). Pursuant to SFL § 165-a(3)(b), the initial list is expected to be issued no later than 120 days after the Act’s effective date, at which time it will be posted on the OGS website. By entering into a renewal or extension of this Contract, Contractor (or any assignee) certifies that once the prohibited entities list is posted on the OGS website, it will not utilize on such Contract any subcontractor that is identified on the prohibited entities list. Additionally, Contractor understands that during the term of the Contract, should Office of General Services receive information that a person is in violation of the above-referenced certification, Office of General Services will offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment which is in violation of the Act within 90 days after the determination of such violation, then Office of General Services shall take such action as may be appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Contractor in default. Office of General Services reserves the right to reject any renewal, extension or request for assignment for an entity that appears on the prohibited entities list hereafter and to pursue a responsibility review with respect to any entity that is granted a contract extension/renewal or assignment and appears on the prohibited entities list thereafter. An extension is also contingent upon the provision of proof of New York State Workers’ Compensation Insurance and Disability Benefits Insurance as explained herein; online Vendor Responsibility Questionnaire requirements as explained herein; and the completion of New York State Department of Taxation and Finance Contractor Certification (ST-220-TD) and Contractor Certification to Covered Agency (ST-220-CA) as explained herein. WORKERS’ COMPENSATION INSURANCE AND DISABILITY BENEFITS REQUIREMENTS: Workers’ Compensation Law (WCL) §57 & §220 requires the heads of all municipal and state entities to ensure that businesses applying for permits, licenses or contracts document it has appropriate workers’ compensation and disability benefits insurance coverage. These requirements apply to both original contracts and renewals, whether the governmental agency is having the work done or is simply issuing the permit, license or contract. Failure to provide proof of such coverage or a legal exemption will result in a rejection of your bid or renewal. 1. Proof of Compliance with Workers’ Compensation Coverage Requirements: An ACORD form is NOT acceptable proof of workers’ compensation coverage. In order to provide proof of compliance with the requirements of the Workers’ Compensation Law pertaining to workers’ compensation coverage, a contractor shall: A) Be legally exempt from obtaining Workers’ Compensation insurance coverage; or B) Obtain such coverage from an insurance carrier; or C) Be a Workers’ Compensation Board-approved self-insured employer or participate in an authorized self- insurance plan. A Contractor seeking to enter into a contract with the State of New York shall provide one of the following forms to the Office of General