CONTRACT AWARD NOTIFICATION

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1 State of New York Executive Department Office Of General Services Procurement Services Group Corning Tower Building - 38th Floor Empire State Plaza Albany, New York CONTRACT AWARD NOTIFICATION Title : Group FEED FOR FISH HATCHERIES Classification Code(s): 10 and 21 Award Number : (Replaces Award 00961) Contract Period : April 1, 2002 to March 31, 2003 Bid Opening Date : January 16, 2002 Date of Issue : February 21, 2002 Specification Reference : Contractor Information : As Incorporated In The Invitation For Bids Appears on Page 2 of this Award Address Inquiries To: All State Agencies & Vendors Name : Title : Phone : Fax : Barbara Sabini Purchasing Officer I barbara.sabini@ogs.state.ny.us The Procurement Services Group values your input. Complete and return "Contract Performance Report" at end of document. Description Award is to provide specific formulations of feed to fish hatcheries located throughout the State. PR # T

2 GROUP FEED FOR FISH HATCHERIES AWARD PAGE 2 NOTE: See individual contract items to determine actual awardees. CONTRACT # CONTRACTOR & ADDRESS TELEPHONE # FED.IDENT.# PC59186 ZEIGLER BROS. INC PO Box Gardners, PA Timothy M. Zeigler Fax No sthompson@zeiglerfeed.com Web: 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" at end of this document.) AGENCIES SHOULD NOTIFY THE PROCUREMENT SERVICES GROUP PROMPTLY IF THE CONTRACTOR FAILS TO MEET DELIVERY OR OTHER TERMS OF THIS CONTRACT. PRODUCTS OR SERVICES WHICH DO NOT COMPLY WITH THE SPECIFICATIONS OR ARE OTHERWISE UNSATISFACTORY TO THE AGENCY SHOULD ALSO BE REPORTED TO THE PROCUREMENT SERVICES GROUP. NOTE TO AGENCY: The letters SB listed under the Contract Number indicate the contractor is a NYS small business. Additionally, the letters MBE and WBE indicate the contractor is a Minority-owned Business Enterprise and/or Woman-owned Business Enterprise. NOTE TO ALL CONTRACT USERS: The terms and conditions of the bid solicitation which apply to the award appear at the end of this document. We strongly advise all contract users to familiarize themselves with all terms and conditions before issuing a purchase order. PRICE: GENERAL - All prices are FOB point of destination designated by ordering agencies listed herein, and include: Calling the Department of Environmental Conservation in advance of mixing to arrange for inspection Providing of labels and permitting inspection during period of contract Pricing being expressed in United States Dollars Payments being made in United States Dollars NO PRICE ESCALATION - Price escalation is not allowed. 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 in the Notice of Award.

3 GROUP FEED FOR FISH HATCHERIES AWARD PAGE 3 Estimated Delivered Item Quantity Price Per No._ Description Pounds 100 lbs. 1. FEED FOR FISH HATCHERIES For period 04/01/02 to 03/31/03. See Separate DELIVERY SCHEDULE that follows Item. A. Formulation Specification NY Diet #1 Sizes: Starter - ( 4,550) No. 1 Granules - (14,350) No. 2 Granules - (25,350) 44,250 $44.70/cwt B. Formulation Specification NY Diet #2 Sizes: No. 3 Granules - ( 33,050) No. 4 Granules - (124,850) 157,900 $34.80/cwt C. Formulation Specification NY Diet #3 Sizes: 1/8 Pellets - (574,850) 3/16 Pellets - (184,900) 3/32 Pellets - (143,750) 903,500 $30.36/cwt D. Formulation Specification NY Diet #4 Sizes: 3/16 Pellets - (18,250) 1/4 Pellets - (15,150) 33,400 $41.70/cwt E. Formulation Specification NY Diet #5 Sizes: No. 3 Granules (0) No. 4 Granules ( 2,250) 3/32 Pellets (13,250) 15,500 $36.52/cwt Location of Mill: Gardners, PA Guaranteed Delivery: 21 Days A/R/O This product is manufactured to exact State Specification.

4 GROUP FEED FOR FISH HATCHERIES AWARD PAGE 4 DELIVERY SCHEDULE FOR PERIOD 04/01/02 TO 06/30/02 Adirondack Hatchery HCR1, Box 1 Saranac Lake, NY (Franklin County) Bath Hatchery 7169 Fish Hatchery Road Bath, NY (Steuben County) Caledonia Hatchery 16 North Street Caledonia, NY (Livingston County) Catskill Hatchery RR1, Box 312 Mongaup Road Livingston Manor, NY (Sullivan County) Chateaugay Hatchery 134 Fish Hatchery Rd., RR 1, Box 755 Chateaugay, NY (Franklin County) REQUIREMENTS 12,500 17,000 15,500 21,500 18,000 Chautauqua Hatchery RD#2, P.O. Box 185A Mayville, NY (Chautauqua County) 750 Oneida Hatchery P.O. Box 303 Constantia, NY (Oswego County) Randolph Hatchery Box 27, Hatchery Road Randolph, NY (Cattaraugus County) Rome Hatchery 8306 Fish Hatchery Road Rome, NY (Oneida County) Salmon River Hatchery RD#1, Box 5 Altmar, NY (Oswego County) So. Otselic Hatchery So. Otselic, NY (Chenango County) Van Hornesville Hatchery Van Hornesville, NY (Herkimer County) 17,250 21,750 33,200 20,000 21,500 9,000

5 GROUP FEED FOR FISH HATCHERIES AWARD PAGE 5 DELIVERY SCHEDULE FOR PERIOD 04/01/02 TO 06/30/02 (Cont d) Long Island State Park Region Connetquot River State Park Preserve Fish Hatcheries Sunrise Highway, PO Box 505 Oakdale, NY (Suffolk County) Onondaga County Parks Carpenter s Brook Fish Hatchery Route 321, P.O. Box 269 Elbridge, NY (Onondaga County) State University of New York College of Agriculture & Technology Fish Hatchery Cobleskill, NY (Schoharie County) REQUIREMENTS 24,000 10,425 1,412

6 GROUP FEED FOR FISH HATCHERIES AWARD PAGE 6 DELIVERY SCHEDULE FOR PERIOD 07/01/02 TO 09/30/02 Adirondack Hatchery HCR1, Box 1 Saranac Lake, NY (Franklin County) Bath Hatchery 7169 Fish Hatchery Road Bath, NY (Steuben County) Caledonia Hatchery 16 North Street Caledonia, NY (Livingston County) Catskill Hatchery RR1, Box 312 Mongaup Road Livingston Manor, NY (Sullivan County) Chateaugay Hatchery 134 Fish Hatchery Rd., RR1, Box 755 Chateaugay, NY (Franklin County) Chautauqua Hatchery RD#2, P.O. Box 185A Mayville, NY (Chautauqua County) Oneida Hatchery P.O. Box 303 Constantia, NY (Oswego County) Randolph Hatchery Box 27, Hatchery Road Randolph, NY (Cattaraugus County) Rome Hatchery 8306 Fish Hatchery Road Rome, NY (Oneida County) Salmon River Hatchery RD#1, Box 5 Altmar, NY (Oswego County) So. Otselic Hatchery So. Otselic, NY (Chenango County) Van Hornesville Hatchery Van Hornesville, NY (Herkimer County) REQUIREMENTS 17,500 15,250 45,500 45,150 30,250 0 (none) 1,000 32,750 22,350 45,500 0 (none) 6,250

7 GROUP FEED FOR FISH HATCHERIES AWARD PAGE 7 DELIVERY SCHEDULE FOR PERIOD 07/01/02 TO 09/30/02 (Cont d) Long Island State Park Region Connetquot River State Park Preserve Fish Hatcheries Sunrise Highway, PO Box 505 Oakdale, NY (Suffolk County) Onondaga County Parks Carpenter s Brook Fish Hatchery Route 321, P.O. Box 269 Elbridge, NY (Onondaga County) State University of New York College of Agriculture & Technology Fish Hatchery Cobleskill, NY (Schoharie County) REQUIREMENTS 24,000 10,425 1,413

8 GROUP FEED FOR FISH HATCHERIES AWARD PAGE 8 DELIVERY SCHEDULE FOR PERIOD 10/01/02 TO 12/31/02 Adirondack Hatchery HCR1, Box 1 Saranac Lake, NY (Franklin County) Bath Hatchery 7169 Fish Hatchery Road Bath, NY (Steuben County) Caledonia Hatchery 16 North Street Caledonia, NY (Livingston County) Catskill Hatchery RR1, Box 312 Mongaup Road Livingston Manor, NY (Sullivan County) Chateaugay Hatchery 134 Fish Hatchery Rd., RR1, Box 755 Chateaugay, NY (Franklin County) Chautauqua Hatchery RD#2, P.O. Box 185A Mayville, NY (Chautauqua County) Oneida Hatchery P.O. Box 303 Constantia, NY (Oswego County) Randolph Hatchery Box 27, Hatchery Road Randolph, NY (Cattaraugus County) Rome Hatchery 8306 Fish Hatchery Road Rome, NY (Oneida County) Salmon River Hatchery RD#1, Box 5 Altmar, NY (Oswego County) So. Otselic Hatchery So. Otselic, NY (Chenango County) Van Hornesville Hatchery Van Hornesville, NY (Herkimer County) REQUIREMENTS ,800 53,250 22,850 27,150 0 (none) 10,250 34,300 61,750 40,250 0 (none) 11,800

9 GROUP FEED FOR FISH HATCHERIES AWARD PAGE 9 DELIVERY SCHEDULE FOR PERIOD 10/01/02 TO 12/31/02 (Cont d) Long Island State Park Region Connetquot River State Park Preserve Fish Hatcheries Sunrise Highway, PO Box 505 Oakdale, NY (Suffolk County) Onondaga County Parks Carpenter s Brook Fish Hatchery Route 321, P.O. Box 269 Elbridge, NY (Onondaga County) State University of New York College of Agriculture & Technology Fish Hatchery Cobleskill, NY (Schoharie County) REQUIREMENTS 24,000 10,425 1,412

10 GROUP FEED FOR FISH HATCHERIES AWARD PAGE 10 DELIVERY SCHEDULE FOR PERIOD 01/01/03 TO 03/31/03 Adirondack Hatchery HCR1, Box 1 Saranac Lake, NY (Franklin County) Bath Hatchery 7169 Fish Hatchery Road Bath, NY (Steuben County) Caledonia Hatchery 16 North Street Caledonia, NY (Livingston County) Catskill Hatchery RR1, Box 312 Mongaup Road Livingston Manor, NY (Sullivan County) Chateaugay Hatchery 134 Fish Hatchery Rd., RR1, Box 755 Chateaugay, NY (Franklin County) Chautauqua Hatchery RD#2, P.O. Box 185A Mayville, NY (Chautauqua County) Oneida Hatchery P.O. Box 303 Constantia, NY (Oswego County) Randolph Hatchery Box 27, Hatchery Road Randolph, NY (Cattaraugus County) Rome Hatchery 8306 Fish Hatchery Road Rome, NY (Oneida County) Salmon River Hatchery RD#1, Box 5 Altmar, NY (Oswego County) So. Otselic Hatchery So. Otselic, NY (Chenango County) Van Hornesville Hatchery Van Hornesville, NY (Herkimer County) REQUIREMENTS 6,450 28,850 67,250 20,450 30,250 0 (none) 0 (none) 27,750 38,950 26,700 0 (none) 10,200

11 GROUP FEED FOR FISH HATCHERIES AWARD PAGE 11 DELIVERY SCHEDULE FOR PERIOD 01/01/03 TO 03/31/03 (Cont d) Long Island State Park Region Connetquot River State Park Preserve Fish Hatcheries Sunrise Highway, PO Box 505 Oakdale, NY (Suffolk County) Onondaga County Parks Carpenter s Brook Fish Hatchery Route 321, P.O. Box 269 Elbridge, NY (Onondaga County) State University of New York College of Agriculture & Technology Fish Hatchery Cobleskill, NY (Schoharie County) REQUIREMENTS 24,000 10,425 1,413 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. 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. If a purchase order is not received from the agency listed within two weeks after receipt of this award, the contractor should contact the agency directly requesting the submission of a purchase order.

12 GROUP FEED FOR FISH HATCHERIES AWARD PAGE 12 DELIVERY: GENERAL - Delivery shall be within 45 calendar days of beginning of the contract period. The contractor must arrange their shipment schedule to avoid deliveries on Saturdays, Sundays and State Holidays. Shipment shall be scheduled to arrive no later than 2:00 PM. 72 hours advance notice of delivery by the manufacturer is required. All pelleted feed shall be loaded on closed trucks at the feed mill and delivered direct to the hatchery on the same trucks unless otherwise specified in the Agency purchase order. All feed delivered shall be from this contract period s production and not from feed stored from a previous contract period mixing. Pelleted feeds must not contain in excess of 1% dust upon delivery to a hatchery. No feed shall contain in excess of 10% moisture upon delivery. Tailgate delivery, with all feed shipped on pallets or on mini-pallets, as specified on the purchase order. Pallets will be returned during the current or subsequent feed delivery, at the State s discretion. Standard pallets shall be 40 inches by 48 inches, and mini-pallets shall be approximately 14.5 inches by 24 inches. ORDERS AND INSPECTION - A purchase order specifying diet, sizes and estimated quantities of feed will be furnished to the contractor by the State on or before the 15th of the month following the beginning of the contract period. Individual orders for exact amounts of feed required will be placed with the contractor against the purchase order by each hatchery manager by the 15th of the month following the beginning of the contract period. The contractor shall notify the Environmental Conservation Department s Quality Control Inspector at least seven calendar days in advance of the exact mixing dates to allow arranging for inspection. Also note separate requirements under INSPECTION DURING PERIOD OF CONTRACT clause. DISCREPANCY ON PURCHASE ORDER Delivery shall be made in accordance with instructions on Purchase Order from each agency. If there is a discrepancy between the purchase order and what is listed on the contract, it is the contractor s obligation to seek clarification from the ordering agency and, if applicable, from the Office of General Services, Procurement Services Group. ESTIMATED QUANTITIES: The quantities listed are estimated only. See "Estimated Quantity Contracts" and "Participation in Centralized Contracts" in Appendix B, OGS General Specifications for Procurement Contracts. CONTRACT PERIOD AND RENEWALS: Prices are firm for the entire period of the contract. Price escalation is not allowed and is specifically excluded from the terms and conditions of the Invitation for Bid, its specifications and subsequent contract award. Price decreases are permitted at any time. If mutually agreed between the Procurement Services Group and the contractor, the contract may be renewed under the same terms and conditions for additional period(s) not to exceed a total contract term of five (5) years. 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 mo nth. However, this extension terminates should the replacement contract be issued in the interim.

13 GROUP FEED FOR FISH HATCHERIES AWARD PAGE 13 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, 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 AND GUARANTEES: See "Warranties and Guarantees" and "Year 2000 Warranty" in Appendix B, OGS General Specifications for Procurement Contracts. INSPECTION DURING PERIOD OF CONTRACT: The Contracting Officer, Quality Control Inspector and authorized Fish Food Inspector shall have authority to inspect the contractor s plant facilities; food manufacturing equipment; ingredient and finished food storage facilities; inventories of ingredients and invoices from suppliers at any time during the contract period. Upon request, the contractor shall supply or make available representative samples and/or labels of all ingredients to be used in the food. The contractor shall be notified immediately of contract violations with confirmation in writing by the Contracting Officer. Rejections or non-acceptance by the State shall be issued by the Contracting Officer in writing, based on such violations as reported to him by the Inspector. PATENTS: The contractor shall hold and save the State, its officers, agents, servants and employees, harmless from liability of any nature or kind, including costs and expenses, for or on account of any patented or unpatented invention, article, or appliance manufactured or used in the performance of this contract; unless specifically stipulated in this contract. SUBCONTRACTING: No portion of contract shall be subcontracted without the written consent of the Office of General Services. Requests for permission to subcontract any portion of the contract shall be in writing and accompanied by evidence that the manufacturer that will perform the work is particularly experienced and equipped for such work. The contractor shall give assurance that all pertinent contract requirements shall apply on all work subcontracted. Written consent to subcontract any portion of the contract shall not be construed to relieve the contractor of any responsibility for fulfillment of the contract. DETAILED SPECIFICATIONS - FEED FOR FISH HATCHERIES - As stated in the solicitation.

14 GROUP FEED FOR FISH HATCHERIES AWARD PAGE 14 State of New York Office of General Services PROCUREMENT SERVICES GROUP Contract Performance Report Please take a moment to let us know how this contract award has measured up to your expectations. If reporting on more than one contractor or product, please make copies as needed. This office will use the information to improve our contract award, where appropriate. Comments should include those of the product s end user. Contract No.: Contractor. Describe Product* Provided (Include Item No., if available): *Note : Product is defined as a deliverable under any Bid or Contract, which may include commodities (including printing), services and/or technology. The term Product includes Licensed Software. Product meets your needs Product meets contract specifications Pricing Excellent Good Acceptable Unacceptable CONTRACTOR Timeliness of delivery Completeness of order (fill rate) Responsiveness to inquiries Employee courtesy Problem resolution Excellent Good Acceptable Unacceptable Comments: (over) Agency: Address: Prepared by: Title: Date: Phone: Please detach or photocopy this form & return by FAX to 518/ or mail to: OGS PROCUREMENT SERVICES GROUP Customer Services, Room 3711 Corning 2 nd Tower - Empire State Plaza Albany, New York * * * * *

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