3001357 MY17 149343 7

User Manual: MY17

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Updated prices 12/8/08

Form No. DMB 234 (Rev. 1/96)

AUTHORITY: Act 431 of 1984

COMPLETION: Required

PENALTY: Contract will not be executed unless form is filed

STATE OF MICHIGAN

DEPARTMENT OF MANAGEMENT AND BUDGET December 8, 2008

PURCHASING OPERATIONS

P.O. BOX 30026, LANSING, MI 48909

530 W. ALLEGAN, LANSING, MI 48933

CHANGE NOTICE NO. 4

CONTRACT NO. 071B3001357

between

THE STATE OF MICHIGAN

and

NAME & ADDRESS OF VENDOR TELEPHONE (717) 355-4763

New Holland North America, Inc. Tim Sumner

500 Diller Avenue VENDOR NUMBER/MAIL CODE

P. O. Box 1895 - Mail Station 248

New Holland, PA 17557 BUYER (517) 241-1647

Email: tim.sumner@newholland.com Irene Pena

Contract Administrator: Irene Pena

Agriculture Equipment and Tractors - Optional Use - Statewide

CONTRACT PERIOD: From: August 1, 2003 To: August 1, 2009

TERMS SHIPMENT

N/A N/A

F.O.B. SHIPPED FROM

N/A N/A

MINIMUM DELIVERY REQUIREMENTS

N/A

THIS CONTRACT IS AVAILABLE TO LOCAL UNITS OF GOVERNMENT.

NATURE OF CHANGE (S):

The attached price list was effective September 1, 2008 and is hereby incorporated into

this Contract.

All other terms, conditions, specifications and pricing remains unchanged.

AUTHORITY/REASON:

Per DMB Purchasing Operations

TOTAL ESTIMATED CONTRACT VALUE REMAINS: $500,000.00

Form No. DMB 234 (Rev. 1/96)

AUTHORITY: Act 431 of 1984

COMPLETION: Required

PENALTY: Contract will not be executed unless form is filed

STATE OF MICHIGAN

DEPARTMENT OF MANAGEMENT AND BUDGET July 31, 2008

PURCHASING OPERATIONS

P.O. BOX 30026, LANSING, MI 48909

530 W. ALLEGAN, LANSING, MI 48933

CHANGE NOTICE NO. 3

CONTRACT NO. 071B3001357

between

THE STATE OF MICHIGAN

and

NAME & ADDRESS OF VENDOR TELEPHONE (717) 355-4763

New Holland North America, Inc. Tim Sumner

500 Diller Avenue VENDOR NUMBER/MAIL CODE

P. O. Box 1895 - Mail Station 248

New Holland, PA 17557 BUYER (517) 241-1647

Email: tim.sumner@newholland.com Irene Pena

Contract Administrator: Irene Pena

Agriculture Equipment and Tractors - Optional Use - Statewide

CONTRACT PERIOD: From: August 1, 2003 To: August 1, 2009

TERMS SHIPMENT

N/A N/A

F.O.B. SHIPPED FROM

N/A N/A

MINIMUM DELIVERY REQUIREMENTS

N/A

THIS CONTRACT IS AVAILABLE TO LOCAL UNITS OF GOVERNMENT.

NATURE OF CHANGE (S):

Effective immediately this Contract is hereby EXTENDED through August 1, 2009.

The buyer has been changed to Irene Pena.

All other terms, conditions, specifications and pricing remains unchanged.

AUTHORITY/REASON:

Per DMB Purchasing Operations

TOTAL ESTIMATED CONTRACT VALUE REMAINS: $500,000.00

Form No. DMB 234 (Rev. 1/96)

AUTHORITY: Act 431 of 1984

COMPLETION: Required

PENALTY: Contract will not be executed unless form is filed

STATE OF MICHIGAN

DEPARTMENT OF MANAGEMENT AND BUDGET December 18, 2006

PURCHASING OPERATIONS

P.O. BOX 30026, LANSING, MI 48909

530 W. ALLEGAN, LANSING, MI 48933

CHANGE NOTICE NO. 2

CONTRACT NO. 071B3001357

between

THE STATE OF MICHIGAN

and

NAME & ADDRESS OF VENDOR TELEPHONE (717) 355-4763

New Holland North America, Inc. Tim Sumner

500 Diller Avenue VENDOR NUMBER/MAIL CODE

P. O. Box 1895 - Mail Station 248

New Holland, PA 17557 BUYER (517) 241-2619

Seleana Samuel

Contract Administrator: Seleana Samuel

Agriculture Equipment and Tractors - Optional Use - Statewide

CONTRACT PERIOD: From: August 1, 2003 To: August 1, 2008

TERMS SHIPMENT

N/A N/A

F.O.B. SHIPPED FROM

N/A N/A

MINIMUM DELIVERY REQUIREMENTS

N/A

THIS CONTRACT IS AVAILABLE TO LOCAL UNITS OF GOVERNMENT.

NATURE OF CHANGE (S):

The TSA series tractors are replaced with a new series of tractors (T6000 series) and the

TM175 and TM190 are replaced with the T7000 series.

The T6000 Delta models T6020, T6030, and T6050 replace the TSA standard models

TS110A, TSA115A, and TS130A. The T6000 Plus models T6010, T6030, T6050, and T6060

replace the TS100A, TS115A, TS125A and TS135A. In addition, there is an additional

model T6020 Plus.

The T7040 and T7050 replace the TM175 and TM190 and there will also be two new

models, T7030 and T7060.

The contractor will honor the 27% discount off of list price for all T6000 standard models,

29% off of list for all T6000 Plus models, and 33% off list for the T7000 models.

Please refer to the revised price schedule for revised pricing.

AUTHORITY/REASON:

Per vendor contact (Tim Sumner) dated December 1, 2006 and DMB/Purchasing

Operations.

TOTAL ESTIMATED CONTRACT VALUE REMAINS: $500,000.00

PRICING DISCOUNT SCHEDULE

ALL PRICES ARE BASED ON DISCOUNTS OFF OF MANUFACTURER'S CURRENT SUGGESTED LIST PRICE.

STATE OF MICHIGAN PRICING OF NEW HOLLAND EQUIPMENT 12/1/06

ITEM DESCRIPTION DISCOUNT PERCENTAGE

OFF LIST PRICE

MY Series Lawn/Yard Tractors - 16 to 19 Hp 26%

Models - MY16, MY17, and MY19

GTA Series Garden Tractors - 18 to 22 Hp 23%

Models - GTA18, GTA20 and GTA22

MC Mowers Commercial Mowers - 22 to 35 Gross Hp 30%

Models - MC22, MC28 and MC35

TZ Tractors Compact Diesel Tractors - 13.7 to 19.0 PTO Hp 21%

Models - TZ18DA, TZ22DA, and TZ25DA

TC Tractors Compact Diesel Tractors - 17.5 to 28.9 PTO Hp 24%

Models - TC23DA, TC26DA, TC31DA and TC34DA

TC Tractors Compact Diesel Tractors - 25.5 PTO Hp 6%

Model - TC30

TC Tractors Compact Diesel Tractors - 29.1 to 47.0 PTO Hp 22%

Models - TC35DA, TC40DA, TC45DA, TC48DA, and TC55DA

TN Tractors All Purpose Tractors - 45 PTO Hp 20%

Models - TN60A and TN60DA

TN Tractors All Purpose Tractors - 57 to 77 PTO Hp 23%

Models - TN70A, TN70DA, TN75A, TN75DA, TN85A,

TN85DA, TN95A and TN95DA

TB Tractors Specialty Tractors - 80 to 96 PTO Hp 23%

Models - TB100, TB110, and TB120

TL Tractors All Purpose Tractors - 66 to 82 PTO Hp 31%

Models - TL80A, TL90A and TL100A

TS-A & T6000 Tractors Standard Tractors - 90 to 110 PTO Hp 27%

* Models - TS110A, TS115A, TS130A, T6020, T6030, T6050

TS-A & T6000 Tractors Plus Tractors - 80 to 120 PTO Hp 29%

Models - TS100A, TS115A, TS125A and TS135A

* T6010, T6020, T6030, T6050, T6070

TM & T7000 Tractors All Purpose Tractors - 95 to 180 PTO Hp 33%

Models - TM120, TM130, TM140, TM155, TM175

* TM190, T7030, T7040, T7050, T7060

TG Tractors High Horsepower Tractors 28%

Models - TG215, TG245, TG275 and TG305

TV145 Bi-Directional Four Wheel Drive Tracotor 20%

Model - TV145

TJ Tractors Four Wheel Drive Tractors 27%

Models - TJ280, TJ330, TJ380, TJ430, TJ480, TJ530

HW Windrowers Self Propelled Windrowers - 87 to 166 Hp Base Unit 28%

with 12 to 18 Ft Headers

FX Forage Harvestor Self Propelled Forage Harvestor - 360 to 525 Hp 23%

Models FX30, FX40 and FX60

CR Combines Self Propelled Twin Rotor Combines - 255 to 370 Hp 26%

Models - CR920, CR940, CR960 and CR970

NH Pull Type Impl New Holland Pull Type Hay, Forage and Material 25%

Handling Implements

Tractor Attachments Front End Loaders, Mowers, Snow Blowers, Tillers, 15%

Blades, Post Hole Diggers and Backhoes

PLEASE ALLOW 30 - 180 DAYS FOR DELIVERY

* New Product offerings

Form No. DMB 234 (Rev. 1/96)

AUTHORITY: Act 431 of 1984

COMPLETION: Required

PENALTY: Contract will not be executed unless form is filed

STATE OF MICHIGAN

DEPARTMENT OF MANAGEMENT AND BUDGET May 22, 2006

PURCHASING OPERATIONS

P.O. BOX 30026, LANSING, MI 48909

530 W. ALLEGAN, LANSING, MI 48933

CHANGE NOTICE NO. 1

CONTRACT NO. 071B3001357

between

THE STATE OF MICHIGAN

and

NAME & ADDRESS OF VENDOR TELEPHONE (717) 355-4763

New Holland North America, Inc. Tim Sumner

500 Diller Avenue VENDOR NUMBER/MAIL CODE

P. O. Box 1895 - Mail Station 248

New Holland, PA 17557 BUYER (517) 241-2619

Seleana Samuel

Contract Administrator: Seleana Samuel

Agriculture Equipment and Tractors - Optional Use - Statewide

CONTRACT PERIOD: From: August 1, 2003 To: August 1, 2008

TERMS SHIPMENT

N/A N/A

F.O.B. SHIPPED FROM

N/A N/A

MINIMUM DELIVERY REQUIREMENTS

N/A

THIS CONTRACT IS AVAILABLE TO LOCAL UNITS OF GOVERNMENT.

NATURE OF CHANGE (S):

Effective May 2, 2006 the Buyer for this Contract has been changed to Seleana Samuel.

In addition, Vendor contact person has been changed to Tim Sumner.

Effective June 1, 2006, pricing for this Contract will be based on the 2006 New Holland

Suggested List Price dated June 1, 2006. The discount structure is attached.

All other specifications, terms and conditions remain the same.

AUTHORITY/REASON:

In accordance with Section I-X PRICE ADJUSTMENTS of the Contract.

TOTAL ESTIMATED CONTRACT VALUE REMAINS: $500,000.00

Form No. DMB 234 (Rev. 1/96)

AUTHORITY: Act 431 of 1984

COMPLETION: Required

PENALTY: Contract will not be executed unless form is filed

STATE OF MICHIGAN

DEPARTMENT OF MANAGEMENT AND BUDGET

ACQUISITION SERVICES January 27, 2004

P.O. BOX 30026, LANSING, MI 48909

530 W. ALLEGAN, LANSING, MI 48933

NOTICE

CONTRACT NO. 071B3001357

between

THE STATE OF MICHIGAN

and

NAME & ADDRESS OF VENDOR TELEPHONE (717) 355-1966

New Holland North America, Inc. Robert Jackson

500 Diller Avenue VENDOR NUMBER/MAIL CODE

P. O. Box 1895 - Mail Station 248

New Holland, PA 17557 BUYER (517) 241-2619

Duane Cortright, CPPB

Contract Administrator: Duane Cortright, CPPB

Agriculture Equipment and Tractors - Optional Use - Statewide

CONTRACT PERIOD: From: August 1, 2003 To: August 1, 2008

TERMS SHIPMENT

N/A N/A

F.O.B. SHIPPED FROM

N/A N/A

MINIMUM DELIVERY REQUIREMENTS

N/A

THIS CONTRACT IS AVAILABLE TO LOCAL UNITS OF GOVERNMENT.

TOTAL ESTIMATED CONTRACT VALUE: $500,000.00

Form No. DMB 234 (Rev. 1/96)

AUTHORITY: Act 431 of 1984

COMPLETION: Required

PENALTY: Contract will not be executed unless form is filed

STATE OF MICHIGAN

DEPARTMENT OF MANAGEMENT AND BUDGET

ACQUISITION SERVICES

P.O. BOX 30026, LANSING, MI 48909

530 W. ALLEGAN, LANSING, MI 48933

CONTRACT NO. 071B3001357

between

THE STATE OF MICHIGAN

and

NAME & ADDRESS OF VENDOR TELEPHONE (717) 355-1966

New Holland North America, Inc. Robert Jackson

500 Diller Avenue VENDOR NUMBER/MAIL CODE

P. O. Box 1895 - Mail Station 248

New Holland, PA 17557 BUYER (517) 241-2619

Duane Cortright, CPPB

Contract Administrator: Duane Cortright, CPPB

Agriculture Equipment and Tractors - Optional Use - Statewide

CONTRACT PERIOD: From: August 1, 2003 To: August 1, 2008

TERMS SHIPMENT

N/A N/A

F.O.B. SHIPPED FROM

N/A N/A

MINIMUM DELIVERY REQUIREMENTS

N/A

MISCELLANEOUS INFORMATION:

THIS CONTRACT IS AVAILABLE TO LOCAL UNITS OF GOVERNMENT.

TOTAL ESTIMATED CONTRACT VALUE: $500,000.00

THIS IS NOT AN ORDER: This Contract Agreement is awarded on the basis of our inquiry

bearing the ITB No. N/A . Orders for delivery of equipment will be issued directly by all State

Agencies through the issuance of a Purchase Order Form.

All terms and conditions of the invitation to bid are made a part hereof.

FOR THE VENDOR:

FOR THE STATE:

Firm Name Signature

Duane Cortright, CPPB

Authorized Agent Signature Name

Tactical Purchasing, Acquisition Services

Authorized Agent (Print or Type) Title

Date Date

CONTRACT NO. 071B3001357

TABLE OF CONTENTS

SECTION I - GENERAL CONTRACT PROVISIONS....................................................1

I-A GENERAL .....................................................................................................................1

I-B ISSUING OFFICE.........................................................................................................1

I-C CONTRACT ADMINISTRATOR................................................................................1

I-D CONTRACT TERM ......................................................................................................2

I-E ENTIRE AGREEMENT AND ORDER OF PRECEDENCE ...................................2

I-F NO WAIVER OF DEFAULT........................................................................................2

I-G REVISIONS, CONSENTS, AND APPROVALS ......................................................2

I-H SEVERABILITY............................................................................................................2

I-I SURVIVOR....................................................................................................................2

I-J GOVERNING LAW ......................................................................................................3

I-K RELATIONSHIP OF THE PARTIES (INDEPENDENT CONTRACTOR) ...........3

I-L HEADINGS....................................................................................................................3

I-M INCURRING COSTS....................................................................................................3

I-N NEWS RELEASES ......................................................................................................3

I-O CONTRACTOR RESPONSIBILITIES.......................................................................3

I-P PERFORMANCE REVIEWS ......................................................................................4

I-Q AUDIT OF CONTRACT COMPLIANCE...................................................................4

I-R SAFETY AND ACCIDENT PREVENTION...............................................................4

I-S WORKPLACE SAFETY AND DISCRIMINATORY HARASSMENT ...................4

I-T ASSIGNMENT ..............................................................................................................4

I-U DELEGATION...............................................................................................................5

I-V DISCLOSURE...............................................................................................................5

I-W TAXES............................................................................................................................5

I-X PRICE ADJUSTMENTS..............................................................................................5

I-Y ADDITIONAL PRODUCTS/SERVICES....................................................................6

I-Z CONTRACTOR'S LIABILITY INSURANCE............................................................6

I-AA INDEMNIFICATION .....................................................................................................7

I-BB CONTRACT DISTRIBUTION .....................................................................................9

I-CC ACCOUNTING RECORDS.........................................................................................9

I-DD NON-DISCRIMINATION CLAUSE............................................................................9

I-EE CANCELLATION........................................................................................................10

I-FF NOTICE AND RIGHT TO CURE..............................................................................11

I-GG ELECTRONIC FUNDS TRANSFER .......................................................................11

I-HH MODIFICATION OF CONTRACT............................................................................12

I-II UNFAIR LABOR PRACTICES ................................................................................12

I-JJ FORM, FUNCTION, AND UTILITY .........................................................................12

I-KK CONTRACT PAYMENT SCHEDULE.....................................................................12

I-LL PROHIBITED PRODUCTS.......................................................................................12

I-MM RIGHT TO KNOW ACT (Act 80 of 1986) ..............................................................13

I-OO QUALITY ASSURANCE...........................................................................................13

I-PP INSPECTION...............................................................................................................14

SECTION II - GENERAL PROCUREMENT PROCEDURES ........................................15

II-A PROCUREMENT........................................................................................................15

II-B TRADE-IN....................................................................................................................15

II-C MULTIPLE DISCOUNTS ..........................................................................................16

II-D CONTRACTOR CONTACTS ...................................................................................16

II-E ADDITIONAL INFORMATION .................................................................................16

SECTION III – PRICING DISCOUNT SCHEDULE.....................................................17

Attachments:

Preference Certification

Non-State Agency Statement

TERMS AND CONDITIONS CONTRACT NO. 071B3001357

G:\common\contract\2003\3001357

SECTION I - GENERAL CONTRACT PROVISIONS

I-A GENERAL

The Contract is issued as an “Optional Use” Contract for Agricultural Equipment and

Tractors for the State of Michigan. Exact quantities to be purchased are unknown,

however the Contractor will be required to furnish all such materials and services as may

be ordered during the CONTRACT period. Quantities specified if any, are estimates

based on prior purchases, and the State is not obligated to purchase in these or any

other quantities. Orders for delivery will be issued directly to the Contractor by various

State Agencies on the Purchase Order Contract Release Form.

The Contract will be a Unit Price Contract.

Attached is a listing of State agencies and/or locations who may order from the Contract.

The listing shall not limit participation of additional agencies/locations as the need may

develop at the same prices, terms and conditions. Orders may also be issued by local

units of government (see attached Non-State Agency Statement).

I-B ISSUING OFFICE

The Contract is issued by Acquisition Services, State of Michigan, Department of

Management and Budget, hereinafter known as Acquisition Services, for the various

state agencies, hereinafter known as State agencies. Where actions are a combination

of those of Acquisition Services and the State agencies, the authority will be known as

the State.

Acquisition Services is the sole point of contact in the State with regard to all

procurement and contractual matters relating to the commodities and/or services

described herein. Acquisition Services is the only office authorized to change, modify,

amend, alter, clarify, etc., the specifications, terms, and conditions of the Contract.

Acquisition Services will remain the SOLE POINT OF CONTACT throughout the

procurement process. All communications covering this procurement must be

addressed to:

Department of Management and Budget

Acquisition Services

Attn: Duane S. Cortright, Buyer, CPPB

2nd Floor, Mason Building

P.O. Box 30026

Lansing, Michigan 48909

(517) 241-2619

e-mail: cortrightd1@michigan.gov

I-C CONTRACT ADMINISTRATOR

Upon receipt at Acquisition Services of the properly executed Contract Agreement(s), it

is anticipated that the Director of Acquisition Services will direct that all State agencies

be allowed to administer the Contract on a day-to-day basis during the term of the

Contract. However, administration of the Contract implies no authority to change,

modify, clarify, amend, or otherwise alter the terms, conditions, and specifications of

such Contract(s). That authority is retained by Acquisition Services.

TERMS AND CONDITIONS CONTRACT NO. 071B3001357

G:\common\contract\2003\3001357

I-D CONTRACT TERM

The term of this Contract will be 3 (three) years and will commence with the issuance of

a Contract. This will be approximately February 1, 2004 through January 31, 2007. At

the sole option of the State, the Contract may be extended for up to 2 (two) additional

years. Contractor performance, quality of products, price, and the Contractor’s ability to

deliver on time are some of the criteria that will be used as a basis for any decision by

Acquisition Services to extend the Contract.

I-E ENTIRE AGREEMENT AND ORDER OF PRECEDENCE

The following documents constitute the complete and exclusive agreement between the

parties. The following order of precedence shall apply (in descending order):

A. Any contract resulting from the State and Contractor negotiations.

B. Any addenda to those negotiations.

C. The Contractor’s response to those negotiations.

The State of Michigan shall not be bound by any part(s) of the Contractor's response to

the negotiations which contains information, options, conditions, terms, or prices neither

requested nor discussed during negotiations. In the event of any conflicts between the

specifications, terms and conditions indicated by the State and those indicated by the

Contractor, those of the State take precedence. The contract supercedes all proposals

or other prior agreements, oral or written, and all other communications between the

parties relating to this subject.

I-F NO WAIVER OF DEFAULT

The failure of a party to insist upon strict adherence to any term of the Contract shall not

be considered a waiver or deprive the party of the right thereafter to insist upon strict

adherence to that term or any other term of the Contract.

I-G REVISIONS, CONSENTS, AND APPROVALS

The Contract may not be modified, amended, extended, or augmented except by a

writing executed by the parties hereto, and any breach or default by a party shall not be

waived or released other than in writing signed by the other party.

I-H SEVERABILITY

Each provision of the Contract shall be deemed to be severable from all other provisions

of the Contract and, if one or more of the provisions of the Contract shall be declared

invalid, the remaining provisions of the Contract shall remain in full force and effect.

I-I SURVIVOR

Any provisions of the Contract that impose continuing obligations on the parties

including, but not limited to the Contractor’s indemnity and other obligations shall survive

the expiration or cancellation of the Contract for any reason.

TERMS AND CONDITIONS CONTRACT NO. 071B3001357

G:\common\contract\2003\3001357

I-J GOVERNING LAW

The Contract shall in all respects be governed by, and construed in accordance with, the

laws of the State of Michigan. Any dispute arising herein shall be resolved in the State

of Michigan.

I-K RELATIONSHIP OF THE PARTIES (INDEPENDENT CONTRACTOR)

The relationship between the State and the Contractor is that of client and independent

Contractor. No agent, employee, or servant of the Contractor or any of its

subcontractors shall be or shall be deemed to be an employee, agent, or servant of the

State for any reason. The Contractor will be solely and entirely responsible for its acts

and the acts of its agents, employees, servants and subcontractors during the

performance of this Contract.

I-L HEADINGS

Captions and headings used in the Contract are for information and organization

purposes. Captions and headings, including inaccurate references, do not, in any way,

define or limit the requirements or terms and conditions of this Contract.

I-M INCURRING COSTS

The State of Michigan is not liable for any cost incurred by the Contractor prior to signing

of the Contract. The State fiscal year is October 1st through September 30th. The

Contractor(s) should realize that payments in any given fiscal year are contingent upon

enactment of legislative appropriations. Total liability of the State is limited to terms and

conditions of the Contract.

I-N NEWS RELEASES

News releases (including promotional literature and commercial advertisements)

pertaining to the ITB and Contract or project to which it relates shall not be made without

prior written State approval, and then only in accordance with the explicit written

instructions from the State. No results of the activities associated with the ITB and

Contract are to be released without prior written approval of the State and then only to

persons designated.

I-O CONTRACTOR RESPONSIBILITIES

The Contractor will be required to assume responsibility for all contractual activities,

whether or not that Contractor performs them. Further, the State will consider the

Contractor to be the sole point of contact with regard to contractual matters, including

payment of any and all charges resulting from the anticipated Contract. If any part of the

work is to be subcontracted, the Contract must include a list of subcontractors, including

firm name and address, contact person and a complete description of work to be

subcontracted. The State reserves the right to approve subcontractors and to require

the Contractor to replace subcontractors found to be unacceptable. The Contractor is

totally responsible for adherence by the subcontractor to all provisions of the Contract.

Any change in subcontractors must be approved by the State, in writing, prior to such

change.

TERMS AND CONDITIONS CONTRACT NO. 071B3001357

G:\common\contract\2003\3001357

I-P PERFORMANCE REVIEWS

Acquisition Services in conjunction with the State agencies may review with the

Contractor their performance under the Contract. Performance reviews shall be

conducted quarterly, semi-annually or annually depending on Contractor’s past

performance with the State. Performance reviews shall include, but not limited to,

quality of products/services being delivered and provided, timeliness of delivery,

percentage of completion of orders, the amount of back orders, status of such orders,

accuracy of billings, customer service, completion and submission of required

paperwork, the number of substitutions and the reasons for substitutions, and other

requirements of the Contract.

Upon a finding of poor performance, which has been documented by Acquisition

Services, the Contractor shall be given an opportunity to respond and take corrective

action. If corrective action is not taken in a reasonable amount of time as determined by

Acquisition Services, the Contract may be canceled for default. Delivery by the

Contractor of unsafe and/or adulterated or off-condition products to any State agency is

considered a material breach of Contract subject to the cancellation provisions contained

herein.

I-Q AUDIT OF CONTRACT COMPLIANCE

The Contractor agrees that the State may, upon 24-hour notice, perform an audit at

Contractor’s location(s) to determine if the Contractor is complying with the requirements

of the Contract. The Contractor agrees to cooperate with the State during the audit and

produce all records and documentation that verifies compliance with the Contract

requirements.

I-R SAFETY AND ACCIDENT PREVENTION

In performing work under this Contract on State premises, the Contractor shall conform

to any specific safety requirements contained in the Contract or as required by law or

regulation. The Contractor shall take any additional precautions as the State may

reasonably require for safety and accident prevention purposes. Any violation by the

Contractor of such safety requirements, rules, laws or regulations shall be a material

breach of the Contract subject to the cancellation provisions contained herein.

I-S WORKPLACE SAFETY AND DISCRIMINATORY HARASSMENT

In performing services for the State pursuant to this Contract, the Contractor shall

comply with Department of Civil Service Rules 2-20 regarding Workplace Safety and 1-

8.3 regarding Discriminatory Harassment. In addition, the Contractor shall comply with

Civil Service Regulations governing workplace safety and discriminatory harassment

and any applicable state agency rules on these matters that the agency provides to the

Contractor. Department of Civil Service Rules and Regulations can be found on the

Department of Civil Service website at www.michigan.gov/mdcs.

I-T ASSIGNMENT

The Contractor shall not have the right to assign the Contract or to assign or delegate

any of its duties or obligations under the Contract to any other party (whether by

operation of law or otherwise), without the prior written consent of the State. Any

TERMS AND CONDITIONS CONTRACT NO. 071B3001357

G:\common\contract\2003\3001357

purported assignment in violation of this Section shall be null and void. Further, the

Contractor may not assign the right to receive money due under the Contract without the

prior written consent of the Director of Acquisition Services.

I-U DELEGATION

The Contractor shall not delegate any duties or obligations under the Contract to a

subcontractor other than a subcontractor named and approved in the bid unless the

Director of Acquisition Services has given written consent to the delegation.

I-V DISCLOSURE

All information in a bidder’s proposal and the Contract is subject to the provisions of the

Freedom of Information Act. 1976 Public Act No. 442, as amended, MCL 15.231, et

seq.

I-W TAXES

A. Sales Tax: For purchases made directly by the State of Michigan, the State is

exempt from State and Local Sales Tax. Prices shall not include such taxes.

Exemption Certificates for State Sales Tax will be furnished upon request.

B. Federal Excise Tax: The State of Michigan may be exempt for Federal Excise Tax,

or such taxes may be reimbursable, if articles purchased under this Contract are

used for the State’s exclusive use. Certificates exclusive use for the purposes of

substantiating a tax-free, or tax-reimbursable sale will be sent to the Contractor

upon request. If a sale is tax exempt or tax reimbursable under the Internal

Revenue Code, prices shall not include the Federal Excise Tax.

C. Contractors are expected to collect and pay all applicable federal, state, and local

employment taxes for all persons involved in the resulting Contract. Also, bidders

shall maintain appropriate payroll information on a system that can produce any

reports that may be needed by Acquisition Services.

I-X PRICE ADJUSTMENTS

Prices quoted are the maximum for a period of 365 days from the date the Contract

becomes effective, or upon publication of annual dealer price listings.

Prices are subject to change at the end of each 365 day period. Such changes shall be

based on changes in actual costs incurred. Documentation of such changes must be

provided with the request for price change in order to substantiate any requested

change. Acquisition Services reserves the right to consider various pertinent information

sources to evaluate price increase requests (such as the CPI and PPI, US City Average,

as published by the US Department of Labor, Bureau of Labor Statistics). Acquisition

Services also reserves the right to consider other information related to special

economic and/or industry circumstances, when evaluating a price change request.

Changes may be either increases or decreases, and may be requested by either party.

Approved changes shall be firm for the remainder of the contract period unless further

revised at the end of the next 365 day period.

TERMS AND CONDITIONS CONTRACT NO. 071B3001357

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Requests for price changes shall be RECEIVED IN WRITING AT LEAST TEN DAYS

PRIOR TO THEIR EFFECTIVE DATE, and are subject to written acceptance before

becoming effective. In the event new prices are not acceptable, the CONTRACT may

be cancelled. The continued payment of any charges due after September 30th of any

fiscal year will be subject to the availability of an appropriation for this purpose.

I-Y ADDITIONAL PRODUCTS/SERVICES

The State reserves the right to add an item(s) that is not described on the item listing

and is available from the Contract vendor. The item(s) may be included on the Contract,

only if prior written approval has been granted by Acquisition Services.

I-Z CONTRACTOR'S LIABILITY INSURANCE

The Contractor is required to provide proof of the minimum levels of insurance coverage as

indicated below. The purpose of this coverage shall be to protect the State from claims

which may arise out of or result from the Contractor’s performance of services under the

terms of this Contract, whether such services are performed by the Contractor, or by any

subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for

whose acts they may be liable.

The Contractor waives all rights against the State of Michigan, its departments, divisions,

agencies, offices, commissions, officers, employees and agents for recovery of damages to

the extent these damages are covered by the insurance policies the Contractor is required

to maintain pursuant to this Contract. The Contractor also agrees to provide evidence that

all applicable insurance policies contain a waiver of subrogation by the insurance company.

All insurance coverages provided relative to this Contract/Purchase Order is PRIMARY and

NON-CONTRIBUTING to any comparable liability insurance (including self-insurances)

carried by the State.

The Insurance shall be written for not less than any minimum coverage herein specified or

required by law, whichever is greater. All deductible amounts for any of the required

policies are subject to approval by the State.

The State reserves the right to reject insurance written by an insurer the State deems

unacceptable.

BEFORE THE CONTRACT IS SIGNED BY BOTH PARTIES OR BEFORE THE

PURCHASE ORDER IS ISSUED BY THE STATE, THE CONTRACTOR MUST FURNISH

TO THE DIRECTOR OF ACQUISITION SERVICES, CERTIFICATE(S) OF INSURANCE

VERIFYING INSURANCE COVERAGE. THE CERTIFICATE MUST BE ON THE

STANDARD “ACCORD” FORM. THE CONTRACT OR PURCHASE ORDER NO. MUST

BE SHOWN ON THE CERTIFICATE OF INSURANCE TO ASSURE CORRECT FILING.

All such Certificate(s) are to be prepared and submitted by the Insurance Provider and not

by the Contractor. All such Certificate(s) shall contain a provision indicating that coverages

afforded under the policies WILL NOT BE CANCELLED, MATERIALLY CHANGED, OR

NOT RENEWED without THIRTY (30) days prior written notice, except for 10 days for non-

payment of premium, having been given to the Director of Acquisition Services, Department

of Management and Budget. Such NOTICE must include the CONTRACT NUMBER

affected and be mailed to: Director, Acquisition Services, Department of Management and

Budget, P.O. Box 30026, Lansing, Michigan 48909.

TERMS AND CONDITIONS CONTRACT NO. 071B3001357

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The Contractor is required to provide the type and amount of insurance checked (;) below:

; 1. Commercial General Liability with the following minimum coverages:

$2,000,000 General Aggregate Limit other than Products/Completed Operations

$2,000,000 Products/Completed Operations Aggregate Limit

$1,000,000 Personal & Advertising Injury Limit

$1,000,000 Each Occurrence Limit

$500,000 Fire Damage Limit (any one fire)

The Contractor must list the State of Michigan, its departments, divisions,

agencies, offices, commissions, officers, employees and agents as

ADDITIONAL INSUREDS on the Commercial General Liability policy.

; 2. If a motor vehicle is used to provide services or products under this Contract, the

Contractor must have vehicle liability insurance on any auto including owned,

hired and non-owned vehicles used in Contractor‘s business for bodily injury and

property damage as required by law.

The Contractor must list the State of Michigan, its departments, divisions,

agencies, offices, commissions, officers, employees and agents as ADDITIONAL

INSUREDS on the vehicle liability policy.

; 3. Worker’s disability compensation, disability benefit or other similar employee

benefit act with minimum statutory limits. NOTE: (1) If coverage is provided by a

State fund or if Contractor has qualified as a self-insurer, separate certification

must be furnished that coverage is in the state fund or that Contractor has

approval to be a self-insurer; (2) Any citing of a policy of insurance must include

a listing of the States where that policy’s coverage is applicable; and (3) Any

policy of insurance must contain a provision or endorsement providing that the

insurers’ rights of subrogation are waived. This provision shall not be applicable

where prohibited or limited by the laws of the jurisdiction in which the work is to be

performed.

; 4. Employers liability insurance with the following minimum limits:

$100,000 each accident

$100,000 each employee by disease

$500,000 aggregate disease

I-AA INDEMNIFICATION

A. General Indemnification

To the fullest extent permitted by law, the Contractor shall indemnify, defend and

hold harmless the State, its departments, divisions, agencies, sections,

commissions, officers, employees and agents, from and against all losses,

liabilities, penalties, fines, damages and claims (including taxes), and all related

costs and expenses (including reasonable attorneys' fees and disbursements and

costs of investigation, litigation, settlement, judgments, interest and penalties),

arising from or in connection with any of the following:

TERMS AND CONDITIONS CONTRACT NO. 071B3001357

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1. any claim, demand, action, citation or legal proceeding against the State, its

employees and agents arising out of or resulting from (1) the product

provided or (2) performance of the work, duties, responsibilities, actions or

omissions of the Contractor or any of its subcontractors under this Contract.

2. any claim, demand, action, citation or legal proceeding against the State, its

employees and agents arising out of or resulting from a breach by the

Contractor of any representation or warranty made by the Contractor in the

Contract;

3. any claim, demand, action, citation or legal proceeding against the State, its

employees and agents arising out of or related to occurrences that the

Contractor is required to insure against as provided for in this Contract;

4. any claim, demand, action, citation or legal proceeding against the State, its

employees and agents arising out of or resulting from the death or bodily injury

of any person, or the damage, loss or destruction of any real or tangible

personal property, in connection with the performance of services by the

Contractor, by any of its subcontractors, by anyone directly or indirectly

employed by any of them, or by anyone for whose acts any of them may be

liable; provided, however, that this indemnification obligation shall not apply to

the extent, if any, that such death, bodily injury or property damage is caused

solely by the negligence or reckless or intentional wrongful conduct of the

State;

5. any claim, demand, action, citation or legal proceeding against the State, its

employees and agents which results from an act or omission of the

Contractor or any of its subcontractors in its or their capacity as an employer

of a person.

B. Patent/Copyright Infringement Indemnification

To the fullest extent permitted by law, the Contractor shall indemnify, defend and

hold harmless the State, its employees and agents from and against all losses,

liabilities, damages (including taxes), and all related costs and expenses (including

reasonable attorneys' fees and disbursements and costs of investigation, litigation,

settlement, judgments, interest and penalties) incurred in connection with any

action or proceeding threatened or brought against the State to the extent that

such action or proceeding is based on a claim that any piece of equipment,

software, commodity or service supplied by the Contractor or its subcontractors, or

the operation of such equipment, software, commodity or service, or the use or

reproduction of any documentation provided with such equipment, software,

commodity or service infringes any United States or foreign patent, copyright, trade

secret or other proprietary right of any person or entity, which right is enforceable

under the laws of the United States. In addition, should the equipment, software,

commodity, or service, or the operation thereof, become or in the Contractor's

opinion be likely to become the subject of a claim of infringement, the Contractor

shall at the Contractor's sole expense (i) procure for the State the right to continue

using the equipment, software, commodity or service or, if such option is not

reasonably available to the Contractor, (ii) replace or modify the same with

equipment, software, commodity or service of equivalent function and performance

so that it becomes non-infringing, or, if such option is not reasonably available to

TERMS AND CONDITIONS CONTRACT NO. 071B3001357

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Contractor, (iii) accept its return by the State with appropriate credits to the State

against the Contractor's charges and reimburse the State for any losses or costs

incurred as a consequence of the State ceasing its use and returning it.

C. Indemnification Obligation Not Limited

In any and all claims against the State of Michigan, or any of its agents or

employees, by any employee of the Contractor or any of its subcontractors, the

indemnification obligation under the Contract shall not be limited in any way by the

amount or type of damages, compensation or benefits payable by or for the

Contractor or any of its subcontractors under worker's disability compensation acts,

disability benefits acts, or other employee benefits acts. This indemnification

clause is intended to be comprehensive. Any overlap in subclauses, or the fact

that greater specificity is provided as to some categories of risk, is not intended to

limit the scope of indemnification under any other subclause.

D. Continuation of Indemnification Obligation

The duty to indemnify will continue in full force and affect not withstanding the

expiration or early termination of the Contract with respect to any claims based on

facts or conditions, which occurred prior to termination.

I-BB CONTRACT DISTRIBUTION

Acquisition Services shall retain the sole right of Contract distribution to all State

agencies and local units of government unless other arrangements are authorized by

Acquisition Services.

I-CC ACCOUNTING RECORDS

The Contractor and all subcontractors shall maintain all pertinent financial and

accounting records and evidence pertaining to the Contract in accordance with generally

accepted principles of accounting and other procedures specified by the State of

Michigan. Financial and accounting records shall be made available, upon request, to

the State of Michigan, its designees, or the Michigan Auditor General at any time during

the Contract period and any extension thereof, and for three years from expiration date

and final payment on the Contract or extension thereof.

I-DD NON-DISCRIMINATION CLAUSE

In the performance of a Contract or purchase order, the Contractor agrees not to

discriminate against any employee or applicant for employment, with respect to their hire,

tenure, terms, conditions or privileges of employment, or any matter directly or indirectly

related to employment, because of race, color, religion, national origin, ancestry, age,

sex, height, weight, marital status, physical or mental handicap or disability. The

Contractor further agrees that every subcontract entered into for the performance of any

Contract or purchase order resulting herefrom will contain a provision requiring non-

discrimination in employment, as herein specified, binding upon each subcontractor. This

covenant is required pursuant to the Elliot Larsen Civil Rights Act, 1976 Public Act 453,

as amended, MCL 37.2201, et seq, and the Persons With Disabilities Civil Rights Act,

1976 Public Act 220, as amended, MCL 37.1101, et seq, and any breach thereof may be

regarded as a material breach of the Contract or purchase order.

TERMS AND CONDITIONS CONTRACT NO. 071B3001357

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I-EE CANCELLATION

The State may cancel this Contract without further liability or penalty to the State, its

departments, divisions, agencies, offices, commissions, officers, agents, and employees

for any of the following reasons:

1. Material Breach by the Contractor. In the event that the Contractor breaches any

of its material duties or obligations under the Contract, which are either not capable

of or subject to being cured, or are not cured within the time period specified in the

written notice of breach provided by the State, or pose a serious and imminent

threat to the health and safety of any person, or the imminent loss, damage or

destruction of any real or tangible personal property, the State may, having

provided written notice of cancellation to the Contractor, cancel this Contract in

whole or in part, for cause, as of the date specified in the notice of cancellation.

In the event that this Contract is cancelled for cause, in addition to any legal

remedies otherwise available to the State by law or equity, the Contractor shall be

responsible for all costs incurred by the State in canceling the Contract, including

but not limited to, State administrative costs, attorneys fees and court costs, and

any additional costs the State may incur to procure the services required by this

Contract from other sources. All excess re-procurement costs and damages shall

not be considered by the parties to be consequential, indirect or incidental, and

shall not be excluded by any other terms otherwise included in the Contract.

In the event the State chooses to partially cancel this Contract for cause charges

payable under this Contract will be equitably adjusted to reflect those services that

are cancelled.

In the event this Contract is cancelled for cause pursuant to this section, and it is

therefore determined, for any reason, that the Contractor was not in breach of

contract pursuant to the provisions of this section, that cancellation for cause shall

be deemed to have been a cancellation for convenience, effective as of the same

date, and the rights and obligations of the parties shall be limited to that otherwise

provided in the Contract for a cancellation for convenience.

2. Cancellation For Convenience By the State. The State may cancel this Contract

for its convenience, in whole or part, if the State determines that such a

cancellation is in the State’s best interest. Reasons for such cancellation shall be

left to the sole discretion of the State and may include, but not limited to (a) the

State no longer needs the services or products specified in the Contract, (b)

relocation of office, program changes, changes in laws, rules, or regulations make

implementation of the Contract services no longer practical or feasible, and (c)

unacceptable prices for additional services requested by the State. The State may

cancel the Contract for its convenience, in whole or in part, by giving the Contractor

written notice 30 days prior to the date of cancellation. If the State chooses to

cancel this Contract in part, the charges payable under this Contract shall be

equitably adjusted to reflect those services that are cancelled.

TERMS AND CONDITIONS CONTRACT NO. 071B3001357

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3. Non-Appropriation. In the event that funds to enable the State to effect continued

payment under this Contract are not appropriated or otherwise made available.

The Contractor acknowledges that, if this Contract extends for several fiscal years,

continuation of this Contract is subject to appropriation or availability of funds for

this project. If funds are not appropriated or otherwise made available, the State

shall have the right to cancel this Contract at the end of the last period for which

funds have been appropriated or otherwise made available by giving written notice

of cancellation to the Contractor. The State shall give the Contractor written notice

of such non-appropriation or unavailability within 30 days after it receives notice of

such non-appropriation or unavailability.

4. Criminal Conviction. In the event the Contractor, an officer of the Contractor, or an

owner of a 25% or greater share of the Contractor, is convicted of a criminal

offense incident to the application for or performance of a State, public or private

Contract or subcontract; or convicted of a criminal offense including but not limited

to any of the following: embezzlement, theft, forgery, bribery, falsification or

destruction of records, receiving stolen property, attempting to influence a public

employee to breach the ethical conduct standards for State of Michigan

employees; convicted under State or federal antitrust statutes; or convicted of any

other criminal offense which in the sole discretion of the State, reflects upon the

Contractor’s business integrity.

5. Approvals Rescinded. The State may terminate this Contract without further

liability or penalty in the event any final administrative or judicial decision or

adjudication disapproves a previously approved request for purchase of personal

services pursuant to Constitution 1963, Article 11, section 5, and Civil Service Rule

7. Termination may be in whole or in part and may be immediate as of the date of

the written notice to Contractor or may be effective as of the date stated in such

written notice.

I-FF NOTICE AND RIGHT TO CURE

In the event of a curable breach by the Contractor, the State shall provide the Contractor

written notice of the breach and a time period to cure said breach described in the

notice. This section requiring notice and an opportunity to cure shall not be applicable in

the event of successive or repeated breaches of the same nature or if the State

determines in its sole discretion that the breach poses a serious and imminent threat to

the health or safety of any person or the imminent loss, damage or destruction of any

real or tangible personal property.

I-GG ELECTRONIC FUNDS TRANSFER

Electronic transfer of funds is available to State contractors. Vendors are encouraged to

make payments related to this Contract electronically at www.cpexpress.state.mi.us.

TERMS AND CONDITIONS CONTRACT NO. 071B3001357

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I-HH MODIFICATION OF CONTRACT

Acquisition Services reserves the right to modify this contract at any time during the

contract term. Such modification may include changing the locations to be serviced,

additional locations to be serviced, method or manner of performance of the work,

number of days service is to be performed, addition or deletion of tasks to be performed,

addition or deletion of items, and/or any other modifications deemed necessary. Any

changes in pricing proposed by the Contractor resulting from the proposed changes are

subject to acceptance by the State. Changes may be increases or decreases. IN THE

EVENT PRICES ARE NOT ACCEPTABLE TO THE STATE, THE CONTRACT SHALL

BE SUBJECT TO COMPETITIVE BIDDING BASED UPON THE NEW

SPECIFICATION.

I-II UNFAIR LABOR PRACTICES

Pursuant to 1980 Public Act 278, as amended, MCL 423.231, et seq, the State shall not

award a Contract or subcontract to an employer whose name appears in the current

Section 2 of the Act. A Contractor of the State, in relation to the Contract, shall not enter

into a Contract with a subcontractor, manufacturer, or supplier whose name appears in

this register. Pursuant to Section 4 of 1980 Public Act 278, MCL 423.324, the State may

void any Contract if, subsequent to award of the Contract, the name of the Contractor as

an employer, or the name of the subcontractor, manufacturer or supplier of the

Contractor appears in the register.

I-JJ FORM, FUNCTION, AND UTILITY

If the Contract is for use of more than one State agency and if the good or service

provided under this Contract do not the meet the form, function, and utility required by a

State agency, that agency may, subject to State purchasing policies, procure the good or

service from another source.

I-KK CONTRACT PAYMENT SCHEDULE

The specific payment schedule for the Contract(s) will be mutually agreed upon by the

State and the Contractor(s). The schedule should show payment amount and should

reflect actual work done by the payment dates, less any penalty cost charges accrued by

those dates. As a general policy statements shall be forwarded to the designated

representative by the 15th day of the following month.

I-LL PROHIBITED PRODUCTS

The State will not accept salvage, distressed, outdated or discontinued merchandise.

Shipping of such merchandise to any State agency, as a result of an order placed

against the Contract, shall be considered default by the Contractor of the terms and

conditions of the Contract and may result in cancellation of the Contract by the State.

The brand and product number offered for all items shall remain consistent for the term

of the Contract, unless Acquisition Services has approved a change.

TERMS AND CONDITIONS CONTRACT NO. 071B3001357

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I-MM RIGHT TO KNOW ACT (Act 80 of 1986)

The "Right to Know Act" is intended to provide protection and information to employees

who encounter hazardous substances in the workplace. To comply with this act, it is

necessary that you fulfill the following:

Labels on all incoming containers of hazardous chemicals must (1) clearly State the

identity of the contents, (2) display appropriate hazard warning(s), (3) include first aid

information, and (4) list the name and address of the chemical manufacturer, importer, or

other responsible party.

Material Safety Data Sheets must be included with shipment of chemical or hazardous

material to the receiving State agency. It is necessary to send this document only on the

first shipment for each chemical formulation or hazardous material ordered by a specific

agency except when there has been a change in the formulation of the specified

chemical or hazardous material, in which case, a revised material safety data sheet shall

accompany the first shipment of the changed formulation. It is the responsibility of the

shipping vendor to maintain this record. The receiving agency will not accept first

shipment unless the above is complied with. It is recommended that OSHA Material

Safety Data Sheet No. 174 be used.

I-NN ASSIGNMENT OF ANTITRUST CAUSE OF ACTION

For and in consideration of the opportunity to submit a quotation and other good and

valuable consideration, the bidder hereby assigns, sells and transfers to the State of

Michigan all rights, title and interest in and to all causes of action it may have under the

antitrust laws of the United States or this State for price fixing, which causes of action

have accrued prior to the date of payment and which relate solely to the particular

goods, commodities, or services purchased or procured by this State pursuant to this

transaction.

I-OO QUALITY ASSURANCE

The State reserves the right to periodically test products which have been received to

verify compliance with specifications. If laboratory analysis shows that the product does

not meet specifications or fails to perform satisfactorily at any time, the Contractor shall be

responsible for:

1. All costs of testing and laboratory analysis.

2. Disposal and/or replacement of all products which fail to meet specifications.

3. All costs of repair and/or replacement of equipment deemed to have been damaged

by substandard products as determined by the State.

TERMS AND CONDITIONS CONTRACT NO. 071B3001357

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I-PP INSPECTION

All goods are subject to inspection and testing. In the event goods are defective in

material or workmanship, or otherwise fail to meet the requirements of the Contract, the

State shall have the right to reject the goods or retain the goods and correct the defects.

The Contractor shall pay the State for expenses incurred in correcting defects. Rejected

goods will be held for 45 days after delivery. The Contractor must arrange for the return of

said goods, including paying for handling, packing, and transportation costs. The State

has the authority to dispose of the goods without further liability to the State in the event

the Contractor fails to make arrangements within the specified time period.

TERMS AND CONDITIONS CONTRACT NO. 071B3001357

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SECTION II - GENERAL PROCUREMENT PROCEDURES

II-A PROCUREMENT

The following procedure is required to procure complete New Holland products

ordered from the State of Michigan “Optional Use” Contract.

A. Contact your local New Holland dealer. If not know, check local yellow pages or

contact New Holland Government/Fleet Department at 717/355-4977. The New

Holland dealer will assist customer in selecting the correct products and factory

options to satisfy customer requirements, answer any questions regarding product

specifications, and provide product coding and current State of Michigan Contract

pricing for the New Holland product.

B. Agencies, and Eligible Customers, will issue purchase orders directly to the local

New Holland Dealer that will service equipment. The New Holland dealer will

obtain the product from dealer/field inventory or factory order equipment, perform

all prep and delivery work and issue invoice for the product directly to agency upon

delivery. All payments are to be made directly to the delivering dealership using

the correct mail code.

C. Purchase Orders must contain the following information:

Name of delivering New Holland dealer.

Complete list of models, product codes and quantity of units.

Contract pricing for each product (obtained from price sheets or dealer).

Listing of any/all trade-in equipment with the trade-in allowance provided

by New Holland dealer.

II-B TRADE-IN

If an Agency has a trade-in machine(s), they should contact the local New Holland

dealer to obtain value estimate of unit(s). Multiple dealers may be contacted to

determine the best value to Agency if necessary. The dealer offering the best trade-in

allowance should be selected to purchase the new product. The Purchase Order for

the new product must show the State of Michigan Contract price for new product AND

the trade-in allowance listed separately. In addition, the New Holland dealer’s invoice

must show the State of Michigan Contract price for new product AND trade-in

allowance listed separately.

TERMS AND CONDITIONS CONTRACT NO. 071B3001357

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II-C MULTIPLE DISCOUNTS

MULTIPLE UNIT PURCHASE DISCOUNT AVAILABLE TO STATE AGENCIES ONLY,

and are as follows:

3 to 5 units - Additional 2% discount

6 or more units – Additional 3% discount

REQUIREMENTS FOR MULTIPLE UNIT PURCHASE:

Product MUST be engine powered, self-propelled units.

ALL products must be ordered on a single Purchase Order.

II-D CONTRACTOR CONTACTS

Company Address - New Holland North America, Inc.

500 Diller Ave.

P.O. Box 1895 – Mail Station 248

New Holland, PA 17557

Company Contact - Robert Jackson

Government/Fleet Sales Department

phone: 717/355-1966 fax: 717/355-1487

II-E ADDITIONAL INFORMATION

1. All discounts are expressed as a percentage discount from Manufacturer’s Current

Suggested List Price as authorized by Acquisition Services in effect on date of

Purchase Order.

2. Purchase Orders will be issued to the local New Holland dealer to make delivery of

product. Upon delivery, New Holland dealer will invoice the Customer/Agency for

the product. Customer/Agency will remit payment directly to the delivering dealer.

3. Manufacturer’s new product offerings will be submitted to Acquisition Services for

approval to add to Contract Listing as product is made available AND appropriate

discount is agreed upon between Contractor and the State.

4. Field installed tractor attachments (such as front-end loaders, mowers, snow

blowers, etc.) are shown as a separate item in the State of Michigan Pricing table.

Service and Repair Parts are not considered a part of this contract.

5. Multiple Unit Pricing Discount is available to State Agencies ONLY.

6. All pricing is F.O.B. Delivered to Agency location by closest available New Holland

Dealer with the appropriate equipment contract.

7. New Holland standard warranty coverage will apply on all New Holland products

purchased from this Contract.

8. Cooperative Purchase – This Contract Agreement, with the exception of multiple

unit discounts, is available to the State of Michigan Extended Purchasing Group.

TERMS AND CONDITIONS CONTRACT NO. 071B3001357

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SECTION III – PRICING DISCOUNT SCHEDULE

ALL PRICES ARE BASED UPON DISCOUNTS OFF MANUFACTURER’S CURRENT PUBLISHED LIST PRICE.

STATE OF MICHIGAN PRICING OF NEW HOLLAND EQUIPMENT 5/22/03

ITEM DESCRIPTION

DISCOUNT OFF

LIST PRICE

LS Series Lawn/Yard Tractors - 15 to 20 HP

Models - LS35, LS45 and LS55 26%

GT Series Garden Tractors - 18 to 22 HP

Models - GT18, GT20 and GT22 23%

MC Mowers Commercial Mowers - 22 to 35 Gross HP

Models - MC22, MC28 and MC35 30%

TC Tractors Compact Diesel Tractors - 17.5 to 28.6 PTO HP

Models - TC18, TC21, TC24, TC29 and TC33 24%

TC Tractors Compact Diesel Tractors - 25.5 PTO HP

Model - TC30 6%

TC Tractors Compact Diesel Tractors - 29.6 to 39.6 PTO HP

Models - TC35, TC40 and TC45 22%

TN Tractors All Purpose Tractors - 42 to 62 PTO HP

Models - TN55, TN55D, TN55S, TN65, TN65D,

TN65S, TN70, TN70D, TN70S, TN75, TN75D,

TN75S

23%

TB Tractors Specialty Tractors - 80 to 90 PTO HP

Models - TB100 and TB110 23%

TL Standard Tractors All Purpose Tractors - 66 to 82 PTO HP

Models - TL80S, TL90S and TL100S 31%

TL Deluxe Tractors All Purpose Deluxe Tractors – 66 to 82 PTO HP

Models - TL80D, TL90D and TL100D 32%

TS-A Tractors All Purpose Tractors – 80 to 115 PTO HP

Models - TS100A, TS115A, TS125A and TS135A 29%

TM Tractors All Purpose Tractors – 95 to 160 PTO HP

Models - TM120, TM130, TM140, TM155. TM175

and TM190

33%

TG Tractors High Horsepower Tractors

Models - TG210, TG230, TG255 and TG285 28%

TV140 and TV145 Bi-Directional 4-Wheel Drive Tractors

Models - TV-140 and TV145 20%

TJ Tractors Four-Wheel Drive Tractors

Models - TJ275, TJ325, TJ375, TJ425, TJ450,

TJ500

27%

HW Windrowers Self-Propelled Windrowers – 87 to 166 HP Base

Unit

With 12 to 18 foot Headers

28%

FX Forage Harvestor Self-Propelled Forage Harvestor – 360 to 525HP

Models - FX30, FX40 and FX60 23%

CR Combines Self-Propelled Twin Rotor Combines – 255 to 370

Models - CR920, CR940, CR960 and CR970

26%

NH Pull Type Impl New Holland Pull-Type Hay, Forage and Material

Handling Implements 25%

Tractor Attachments Front-End Loaders, Mowers, Snow Blowers,

Tillers, Blades, Post Hole Diggers and Backhoes 15%

PLEASE ALLOW 30-180 DAYS FOR DELIVERY

PREFERENCE CERTIFICATION

FAILURE TO COMPLETE AND RETURN THIS FORM MAY DISQUALIFY THE BIDDER

AUTHORITY: To comply with Michigan Public Act 237 of 1988, a bidder submitting a bid of

$100,000 or more must complete Section A OR B below.

SECTION A

I certify that ______________________________________________________ qualifies as a

Michigan business for the purpose of claiming a reciprocal preference against out-of-state firms.

During the 12 months immediately preceding this bid deadline or, if the business is newly

established, for the period the business has been in existence, the business has (check all

which apply):

 Filed a Michigan single business tax return showing a portion or all of the income tax

base allocated or apportioned to the State of Michigan pursuant to the Michigan Single

Business Tax Act, Act No. 228 of the Public Acts of 1975, being Sections 208.1 to

208.145 of the Michigan Compiled Laws.

OR:

 Filed a Michigan income tax return showing income generated in or attributed

to the State of Michigan. OR:

 Withheld Michigan income tax from compensation paid to the bidder's owners and

remitted the tax to the Department of Treasury.

I certify that I have personal knowledge of such filing or withholding, that it was more than a

nominal filing for the purpose of gaining the status of a Michigan business, and that it indicates a

significant business presence in the state, considering the size of the business and the nature of

its activities.

I authorize the Michigan Department of Treasury to verify that the business has or has not met

the criteria for a Michigan business indicated above and to disclose the verifying information to

the procuring agency.

____________________________________________________________________________

_________

Authorized Representative (type or print) Authorized Representative (signature)

Date

⎜ ⎜

(OR) SECTION B

I certify that __________________________________________________maintains its

principal place of business in the State of ________________________________.

____________________________________________________________________________

_________

Authorized Representative (type or print) Authorized Representative (signature)

Date

⎜ ⎜

A BUSINESS THAT PURPOSELY OR WILLFULLY SUBMITS A FALSE CERTIFICATION

THAT IT IS A MICHIGAN BUSINESS OR FALSELY INDICATES THE STATE IN WHICH IT

HAS ITS PRINCIPAL PLACE OF BUSINESS IS GUILTY OF A FELONY, PUNISHABLE BY A

FINE OF NOT LESS THAN $25,000.

NON-STATE AGENCY STATEMENT:

Act Number 431 of the Public Acts of 1984 permits the State of Michigan, Department of

Management and Budget, to provide purchasing services to local units of government and

school districts. As a result of the enactment of this legislation, the Extended Purchasing

Program has been developed. This program extends the use of State contracts to program

members. The governmental agency must enter into an agreement with the State of Michigan

to become authorized to participate, thus ensuring that local units of government secure a

greater return for the expenditure of public funds. It is the policy of Acquisition Services,

Department of Management and Budget, that the final approval to utilize any such Contract in

this manner must come from the Contract vendor.

In such cases, Contract vendors supply merchandise at the established State of Michigan

Contract prices and terms. Inasmuch as these are non-State agencies, all purchase orders will

be submitted by, invoices will be billed to, and payment will be remitted by the authorized

Extended Purchasing member on a direct and individual basis in accordance with Contract

terms.

Therefore, it is required that all bidders indicate, by checking the appropriate box below,

whether they will (first box) or will not (second box) honor orders on any Contract resulting from

this Request for Quotation from State of Michigan authorized Extended Purchasing members. It

is the responsibility of the Contractor to ensure the non-State agency is an authorized Extended

Purchasing member prior to extending the State Contract price.

BIDDER MUST CHECK ONE BOX BELOW

[ ] Commodities and/or services on this Request for Quotation will be

supplied to State of Michigan departments and agencies, and authorized

Extended Purchasing Program members in accordance with the terms

and prices quoted. Upon request, a complete listing of eligible

participants in the Extended Purchasing Program will be provided if this

option is selected.

[ ] Commodities and/or services on the Request for Quotation will not be

supplied to State of Michigan authorized Extended Purchasing members.

We will supply to State of Michigan departments and agencies only.

Vendor Name

Authorized Agent Name (print or type)

Authorized Agent Signature

3001357 MY17 149343 7

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