1015023222ra.pdf

(continued) 1015023222ra13

Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717

Contract Award Notification

Title : Group 10150 – Personal Protective Equipment (PPE) and Related Items Classification Code: 42

Award Number : 23222

Contract Period : October 8, 2021 to October 7, 2026

Bid Opening Date : February 25, 2021

Date of Issue : October 18, 2021 (Revised October 22, 2024)

Specification Reference : As Incorporated In The Solicitation

Contractor Information : Appears on Page 2 of this Award Notification

Address Inquiries To:

State Agencies & Vendors Political Subdivisions & Others Name :

Title :

Phone :

E-mail :

Katie Jezik Contract Management Specialist 518-473-1069 OGS.SM.PS.OfficeTeam@ogs.ny.gov

OGS Procurement Services Customer Services

Phone :

E-mail :

518-474-6717 customer.services@ogs.ny.gov

OGS Procurement Services values your input.

Complete and return "Contract Performance Report" at end of document.

Description

Note: This Contract Award Notification contains a subset of information from Solicitation 23222 for Personal Protective Equipment (PPE) and Related Items (Statewide). The resulting Contracts from Solicitation 23222 have been executed by Contract Award Letter. Complete Contract details including terms and conditions can be found in the Solicitation document dated February 4, 2021 (revised).

This award provides for multiple centralized Statewide contracts with offerings in the following 9 Lots:

Lot 1: Respirators, Lot 2: Masks, Lot 3: Face Shields and Goggles, Lot 4: Gloves, Lot 5: Gowns, Lot 6: Covers, Lot 7: Hand Sanitizer, Lot 8: Wipes, & Lot 9: Fit Test Kits. All Awards are now complete.

OGS hereby establishes an overall goal of 30% for MWBE participation, 15% for Minority-Owned Business Enterprises (“MBE”) participation and 15% for Women-Owned Business Enterprises (“WBE”) participation for all Lots.

OGS hereby establishes an overall goal of 6% for SDVOB participation for all Lots.

https://ogs.ny.gov/award-23222

GROUP 10150 - Personal Protective Equipment (PPE) & Related Items AWARD PAGE 2

NOTE: See individual contract items to determine actual awardees.

CONTRACT # CONTRACTOR FEDERAL ID # NYS VENDOR#

PC69438 Altor Safety LLC 85-0782923 1100255084

SB

PC69439 American Textile Systems 33-0591327 1100148162

PC69440 Aurai Capital LLC dba Aurai 81-4264624 1100255530

SDVOB

PC69441 Autronic Plastics, Inc. 11-2974404 1100174527 dba Clear – Vu Medical

PC69442 Bio-Medical Devices Int’l, Inc. 33-0855847 1100131218

PC69443 Black Box Safety, Inc. 82-1125133 1100245870

SDVOB

PC69444 BT Supplies West, Inc dba GSI 47-5296880 1100254890

SB

PC69445 Campbell Drug Stores Ltd 95-1583455 1100259263 dba PharmacyGo

PC69446 Carol Cole Ventures Inc 80-0830763 1100255603

PC69471 Connetquot West, Inc. 11-3136568 1000012111

MWBE

SB

PC69447 Digital Gadgets LLC 26-1133852 1100245325 dba DG Medical

PC69448 Emmelle Design Inc. 76-0768617 1100173064

MWBE

SB

PC69449 Genesis Disposables, LLC 16-1552933 1000029467

SB

PC69450 Georgia Brown LLC 46-4796069 1100258225

SB

PC69451 Goldatech, LLC 85-4283928 1100264949

MWBE

SB

PC69452 HC Contracting Inc. 13-3811963 1100211080 SB dba Ferrara Manufacturing

PC69453 Integrity United Inc 82-4286037 1100256999

PC69454 Interboro Packaging Corporation 11-2633541 1000005736

WBE

SB

GROUP 10150 - Personal Protective Equipment (PPE) & Related Items AWARD PAGE 3

CONTRACT # CONTRACTOR FEDERAL ID # NYS VENDOR#

PC69455 IPC, LLC 20-2098556 1000029960

dba Caresfield / PlatinumCode

PC69456 Laboratory Product Sales, Inc. 16-1274974 1000007972

WBE

SB

PC69457 Medzon 82-4515475 1100260169

PC69458 PowerPak Civil & Safety LLC 32-0389011 1100249711

SB

PC69459 Private Equity Funding, Inc. 68-0634260 1100257231 dba Vertex Packaging Supplies

PC69460 RE Hansen Industries Inc 26-1709702 1100042141 dba Islandaire

PC69461 Robert Busse & Co. Inc. 11-2039831 1000037861 WBE dba Busse Hospital Disposables

PC69462 Safeware, Inc. 52-1152883 1000040889

PC69465 Sanitex Global Pty Ltd 00-0000000 1100257556 dba Sanitex Global

PC69463 Strong Medical Partners 81-4056318 1100256088 SB dba Strong Manufacturers

PC69464 Surgery Dynamics, Inc. 65-0647735 1100245029

PC69466 Urban Electric Power, Inc. 45-5313529 1100118833

SB

PC69467 USA Capital Fund LLC 30-1118932 1100245321 dba USA Medical Supply

PC69468 Vizocom ICT LLC 98-0662559 1100245918

PC69469 WB Mason Company Inc 04-2455641 1000011030

PC69470 Ziel Inc PBC 47-4477142 1100256342 dba Hudson Valley Mask Company

For complete Contractor information and Pricing information for this Award, please see the Contractor Information page located on the OGS Website at:

https://online.ogs.ny.gov/purchase/spg/pdfdocs/1015023222ContractorInfo.pdf

Cash Discount, If Shown, Should be Given Special Attention.

Agencies should notify OGS Procurement Services promptly if the contractor fails to meet delivery or other terms of this contract. Products which do not comply with the specifications or are otherwise unsatisfactory to the agency should also be reported to OGS Procurement Services.

GROUP 10150 - Personal Protective Equipment (PPE) & Related Items AWARD PAGE 4

Lots Awarded:

Contractor Name

Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 Lot 8 Lot 9

Respirators Masks

Shields

Goggles Gloves Gowns & Coveralls Covers

Hand Sanitizer Wipes

Fit Test Kits

Altor Safety LLC X American Textile Systems X X X X X X

Aurai Capital LLC X X X X X X X X Autronic Plastics, Inc. X

Bio-Medical Devices International, Inc.

X

Black Box Safety X X X X X X X BT Supplies West, Inc. X X X X X X X X X

Campbell Drug Stores Limited X X X X X X X

Carole Cole Ventures Inc X

Connetquot West, Inc. X X X X X

Digital Gadgets LLC X X X Emmelle Design Inc. X

Genesis Disposables, LLC X

Georgia Brown LLC X Goldatech, LLC X HC Contracting Inc. X Integrity United Inc X Interboro Packaging Corporation X

IPC, LLC X X X X

Laboratory Product Sales X X X X X X X X

Medzon X X X X X X X X PowerPak Civil & Safety X X X X X X X

Private Equity Funding, Inc. X X X X X X X X

RE Hansen Industries Inc X

Robert Busse & Co. X X X Safeware, Inc. X X X X X X X X X Sanitex Global Pty Ltd X X X X X

Strong Medical Partners X

Surgery Dynamics, Inc. X

GROUP 10150 - Personal Protective Equipment (PPE) & Related Items AWARD PAGE 5

Lots Awarded:

Contractor Name

Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 Lot 8 Lot 9

Respirators Masks

Shields

Goggles Gloves Gowns & Coveralls Covers

Hand Sanitizer Wipes

Fit Test Kits

Urban Electric Power, Inc. X

USA Capital Fund

LLC X X X X X X

Vizocom ICT LLC X X X X X X X WB Mason Company Inc X X X X X X X X

Ziel Inc PBC X

SMALL, MINORITY AND WOMEN-OWNED BUSINESSES:

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.

RECYCLED, REMANUFACTURED AND ENERGY EFFICIENT PRODUCTS:

Procurement Services supports and encourages the purchase of recycled, remanufactured, energy efficient and "energy star" products. If one of the following codes appears as a suffix in the Award Number or is noted under the individual Contract Number(s) in this Contract Award Notification, please look at the individual awarded items for more information on products meeting the suffix description.

RS, RP, RA Recycled RM Remanufactured SW Solid Waste Impact EE Energy Efficient E* EPA Energy Star ES Environmentally Sensitive

NOTE TO AUTHORIZED USERS:

When placing purchase orders under the contract(s), the authorized user should be familiar with and follow the terms and conditions governing its use which usually appears at the end of this document. The authorized user is accountable and responsible for compliance with the requirements of public procurement processes. The authorized user must periodically sample the results of its procurements to determine its compliance. In sampling its procurements, an authorized user should test for reasonableness of results to ensure that such results can withstand public scrutiny.

The authorized user, when purchasing from OGS contracts, should hold the contractor accountable for contract compliance and meeting the contract terms, conditions, specifications, and other requirements.

Also, in recognition of market fluctuations over time, authorized users are encouraged to seek improved pricing whenever possible.

Authorized users have the responsibility to document purchases, particularly when using OGS multiple award contracts for the same or similar product(s)/service(s), which should include:

• a statement of need and associated requirements,

• a summary of the contract alternatives considered for the purchase,

• the reason(s) supporting the resulting purchase (e.g., show the basis for the selection among multiple contracts at the time of purchase was the most practical and economical alternative and was in the best interests of the State).

GROUP 10150 - Personal Protective Equipment (PPE) & Related Items AWARD PAGE 6

CONFLICT OF TERMS:

Conflicts among documents shall be resolved in the following order of precedence:

1. Appendix A (October 2019), Standard Clauses for NYS Contracts

2. Contract Award Letter

3. Solicitation #23222

4. Appendix B (April 2016), General Specifications

5. All other Appendices and Attachments to Solicitation #23222

6. Bid Prices for the Lot(s) being awarded to the Contractor

7. Contractor’s Bid Submission

OVERVIEW:

This Contract provides Authorized Users with a means of acquiring Personal Protective Equipment (PPE) and Related Items. Products for purchase by all Authorized Users are described in the Section titled, Scope. Procurement instructions describing requirements for Authorized Users to purchase from the Centralized Contract are found in the Section titled, Procurement Instructions for Authorized Users.

Contracts were awarded non-competitively based on reasonableness of cost.

SCOPE:

This Award contains (9) nine Lots as listed below. Contractors were not required to bid on all Lots but could bid on as many Lots as they wished provided that the minimum qualifications were met. Contractors could bid for more than one Manufacturer for each Item in a Lot.

Lot 1: Respirators (N95 & PAPR) Lot 2: Masks (Surgical, Clear View & Non-Surgical) Lot 3: Face Shields & Goggles (Medical & Non-Medical) Lot 4: Gloves (Vinyl & Nitrile) Lot 5: Gowns & Coveralls (Isolation, Surgical (Disposable & Reusable) & Coveralls) Lot 6: Covers (Shoe/Boot & Hair) Lot 7: Hand Sanitizer (Ethyl Alcohol & Isopropyl Alcohol) Lot 8: Wipes (Disinfecting & Isopropyl Alcohol) Lot 9: Fit Test Kits

PROCUREMENT INSTRUCTIONS FOR AUTHORIZED USERS:

The resultant Contracts will be issued under a multiple award structure. Authorized Users shall procure Products that best meet their form, function, and utility requirements. Authorized Users are encouraged to obtain three (3) quotes prior to purchase.

Before proceeding with their purchase, Authorized Users shall check the list of Preferred Source offerings and are reminded that they must comply with State Finance Law, particularly § 162, regarding commodities/services provided by preferred source suppliers.

Pursuant to State Finance Law § 163(10)(c), at the time of purchase, Authorized Users must base their selection among multiple Contracts upon which is the most practical and economical alternative that is in the best interests of the State.

ESTIMATED QUANTITIES:

A Contract resulting from this Award shall be an estimated quantity Contract. No specific quantities are represented or guaranteed, and the State provides no guarantee of individual Authorized User participation.

Contractors must furnish all quantities actually ordered at or below the Contract prices. The anticipated dollar value of the award for all Lots is approximately $900,000.00 annually. The individual value of each Contract is indeterminate. Authorized Users are encouraged to purchase from Contractors who offer the Products and

GROUP 10150 - Personal Protective Equipment (PPE) & Related Items AWARD PAGE 7 pricing that best meet their needs in the most practical and economical manner. See Appendix B, Estimated/Specific Quantity Contracts and Participation in Centralized Contracts.

Numerous factors could cause the actual quantities of Products purchased under a Contract resulting from this Award to vary substantially from the estimates in Solicitation 23222. Such factors include, but are not limited to, the following:

• Such Contracts are non-exclusive Contracts.

• There is no guarantee of quantities to be purchased, nor is there any guarantee that demand will continue in any manner consistent with previous purchases.

• The individual value of each Contract is indeterminate and will depend upon actual Authorized

User demand and actual quantities ordered during the Contract period.

• The State reserves the right to terminate any Contract for cause or convenience prior to the end of the term pursuant to the terms and conditions of the Contract.

• Contract pricing that is lower than anticipated could result in a higher quantity of purchases by

Authorized Users than anticipated.

• Contract pricing that is higher than anticipated could result in a lower quantity of purchases by

Authorized Users than anticipated.

CONTRACT TERM AND EXTENSIONS:

A. The Contract shall be in effect for a term of five (5) years from the date of OSC Approval. The Contract term shall commence after all necessary approvals and shall become effective upon mailing or electronic communication of the final executed documents to the Contractor (see Appendix B, Contract Creation/Execution).

B. Extensions. At the State’s option, the Contract may be extended for five (5) years, subject to the approval of OSC, in increments as deemed to be in the best interest of the State. Whether the optional extensions are exercised is at the sole discretion of the State. A Contractor shall retain the right to decline a Contract extension offered under this section. Any Contract extension will be under the same terms and conditions, subject to any additional applicable statutory and policy requirements. Any extensions provided under this section shall apply in addition to any rights set forth in Appendix B, Contract Term – Extension.

C. The Contract term provided for in this section shall extend 6 months beyond its termination date only for Authorized Users whose contracts must be registered with the Office of the New York City Comptroller. During the 6-month period the definition of Authorized User shall be deemed to refer only to Authorized Users whose contracts must be registered with the Office of the New York City Comptroller. This extension is in addition to any other extensions available under the Contract. The extension provided for in this paragraph shall be upon the then-existing terms and conditions; provided, however, during such extension an Authorized User, as defined in this paragraph, may agree to amend such terms and conditions solely to comply with changes in statutory requirements (e.g. changes in minimum, prevailing or living wages, or regulated services).

SHORT TERM EXTENSION:

This section shall apply in addition to any rights set forth in Appendix B, Contract Term – Extension. In the event a 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 30 calendar days upon notice to the Contractor with the same terms and conditions as the original Contract and any approved modifications.

With the concurrence of the Contractor, the extension may be for a period of up to 90 calendar days in lieu of 30 calendar days. However, this extension automatically terminates should a replacement Contract be issued in the interim.

CONTINUOUS RECRUITMENT:

This Contract allows for continuous recruitment of additional Contractors during the term of the Contract. Vendors that miss the Bid Opening date, and Bidders who did not receive an Award, may submit a bid when the Continuous Recruitment period opens, which will be no earlier than the date of the final

GROUP 10150 - Personal Protective Equipment (PPE) & Related Items AWARD PAGE 8

Contract Awards having been issued, or at the discretion of the Office of General Services. The opening of the Continuous Recruitment Period date will be advertised in the New York State Contract Reporter.

PRICE:

Pricing shall be all-inclusive, including but not limited to labor, bundling, delivery charges, fuel surcharges, utility rate surcharges, dock fees, license fees, procurement or transportation surcharges, tariffs, customs duties and charges, or other surcharges applied.

Authorized Users may negotiate better pricing with Contractor at any time throughout the Contract period.

Should additional Products be required by the Authorized User to accommodate an exigent circumstance for a delivery at a non-standard delivery time, the Contractor shall provide additional Products at the Contract rates without additional sorting charge, special order charge, transportation charge, or other additional charges.

BEST PRICING OFFER:

During the Contract term, if the Commissioner becomes aware that the Contractor is selling substantially the same or a smaller quantity of a Product outside of this Contract upon the same or similar terms and conditions as that of this Contract at a lower price to a federal, state or local governmental entity, the price under this Contract, after consultation with the Contractor, may be reduced to a lower price on a prospective basis at the discretion of the Commissioner. The Commissioner reserves the right to request information to verify pricing for the purposes of this clause.

PRICE STRUCTURE:

If, during the Contract Term, the Contractor is unable or unwilling to meet contractual requirements in whole or in part based on the price structure of the Contract, it shall immediately notify the Office of General Services, Procurement Services in writing. Such notification shall not relieve the Contractor of its responsibilities under the Contract. The State may, but is not required to, consider an equitable adjustment in the Contract terms and/or pricing in the circumstances outlined in Appendix B, Savings/Force Majeure.

Should the Commissioner in his or her sole discretion determine during the Contract Term that (i) the Contract price structure is unworkable, detrimental, or injurious to the State, or (ii) the Contract price structure results in prices which are unreasonable, excessive, or not truly reflective of current market conditions, and no adjustment in the Contract terms and/or pricing is mutually agreeable, the State may terminate the Contract upon 10 business days written notice mailed to the Contractor.

PRICE UPDATES:

Commencing with the first anniversary date of the Bid opening, and annually thereafter, the Contractor may update the pricelist to reflect Contractor price changes and the addition/deletion of Products. Price Updates shall be submitted by Contractors in accordance with Appendix C – Contract Modification Procedure.

Requests for price adjustments and new items shall be submitted no later than 30 calendar days prior to the anniversary date of the Bid opening, and annually thereafter. Requests from Contractor(s) for price adjustments at any other time will not be granted. The Contractor shall provide OGS with one electronic copy of the updated pricing in a manner and format as designated by OGS including, but not limited to Identification of price increases, price decreases, additions, deletions (e.g., by use of separate worksheets or by using highlighting, italics, bold and/or color fonts). No Price Updates will be granted to any Contractor who has outstanding Sales Reports, Proofs of Insurance or any other documentation that is required under the resulting contract.

Contractors shall be permitted to reduce their pricing any time during the contract term.

GROUP 10150 - Personal Protective Equipment (PPE) & Related Items AWARD PAGE 9

In connection with any Contract pricelist update, OGS reserves the right to:

• Request additional information, including but not limited to reasonableness of price;

• Reject Contract updates;

• Remove Products from Contract updates; and

• Request additional discounts for new or existing Products

OGS reserves the right to add a product category within any Lot, at any time, if it is deemed to be in the best interest of the State.

ORDERING:

Purchase Orders shall be made in accordance with the terms set forth in Appendix B, Purchase Orders. Authorized Users may submit orders over the phone, and, if available, may submit orders electronically via web-based ordering, e-mail, or facsimile at any time. Orders submitted shall be deemed received by Contractor on the date submitted.

All orders shall reference Contract number, requisition, and/or Purchase Order number (if applicable).

Upon Contractor’s receipt of an order, confirmation is to be provided to the Authorized User electronically or via facsimile. Order confirmation should be sufficiently detailed, and include, at a minimum, purchase price, date of order, delivery information (if applicable), Authorized User Name, and sales representative (if applicable).

MINIMUM ORDER:

There is no Minimum Order required for this Contract.

SAMPLES AND TESTING:

OGS and/or Authorized Users reserve the right to request a Certificate of Compliance certifying Contractor’s product offering meets or exceeds the requirements as listed in the item specifications.

OGS and/or Authorized Users reserve the right to request samples and test any product available under the resulting Contract in order to determine whether the item is acceptable and meets specifications.

Samples and testing shall be provided at no cost to the State.

PURCHASING CARD ORDERS:

If the Contractor accepts orders using the State’s Purchasing Card (see Appendix B, Purchasing Card), also referred to as the Procurement Card, the Contractor shall not charge or bill the Authorized User for any additional charges related to the use of the Purchasing Card, including but not limited to processing charges, surcharges, or other fees.

INVOICING AND PAYMENT:

Invoicing and payment shall be made in accordance with the terms set forth in Appendix B, Contract Invoicing.

The Contractor is required to provide the Authorized User with one invoice for each Purchase Order at the time of delivery. The invoice must include detailed line-item information to allow Authorized Users to verify that pricing at point of receipt matches the Contract price on the original date of order. At a minimum, the following fields must be included on each invoice:

• Contractor Name

• Contractor Billing Address

• Contractor Federal ID Number

• NYS Vendor ID Number

• Account Number

• NYS Contract Number

GROUP 10150 - Personal Protective Equipment (PPE) & Related Items AWARD PAGE 10

• Name of Authorized User indicated on the Purchase Order

• NYS Agency Unit ID (if applicable)

• Authorized User’s Purchase Order Number

• Order Date

• Invoice Date

• Invoice Number

• Invoice Amount

• Product Descriptions

• Unit Price

• Quantity

• Unit of Measure

Cost centers or branch offices within an Authorized User may require separate invoicing as specified by each Authorized User. The Contractor's billing system shall be flexible enough to meet the needs of varying ordering systems in use by different Authorized Users. Visit the following link for further guidance for vendors on invoicing: https://bsc.ogs.ny.gov/nys-vendors.

ELECTRONIC PAYMENTS:

The Office of the State Comptroller (OSC) offers an "electronic payment" option in lieu of issuing checks. To obtain an electronic payment authorization form visit the OSC website at www.osc.state.ny.us or contact them by e-mail at epunit@osc.state.ny.us or by phone at 518-486-1255.

PRODUCT DELIVERY:

Delivery of all Contract Products shall be made in accordance with Appendix B, Product Delivery and Shipping/Receipt of Product.

Authorized Users may require the following delivery instructions and/or information, including but not limited to:

• A delivery schedule

• Firm delivery date

• Point of contact for delivery

• Shipping method – Name of shipper, common carrier, etc.

• Packaging/number of pallets and number of items per pallet

• Estimated amount of storage space needed for delivery (e.g., number of pallets, cases, square feet, and cubic feet, etc.)

• Confirmation that all paperwork including bills of lading shall be affixed to the pallet or carton and visible. All paperwork must contain the vendor’s name on the PO, and the PO number or a copy of the PO should be attached to each pallet

• Palletization: When palletization is required, all items must be delivered on pallets and each item kept separate, where necessary, to meet the requirements of the Authorized User. Pallets must be two-way and sturdy enough to adequately support the load placed on them without breaking and delivered lying flat and stacked.

PRODUCT RETURNS AND EXCHANGES:

In addition to the provisions of Appendix B, Title and Risk of Loss, Product Substitution, and Rejected Product, Products returned or exchanged due to quality problems, duplicated shipments, outdated Product, incorrect Product shipped, Contractor errors otherwise not specified, or Products returned or exchanged due to Authorized User errors, shall be replaced with specified Products or the Authorized User shall be credited or refunded for the full purchase price.

Products shall be replaced within 10 business days of written notification to the Contractor of the Authorized User’s intent to return or exchange the Product. There shall be no restocking fee charged.

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Any credit or refund shall be applied against the next bill/invoice submitted by the Contractor to the Authorized User. If no credit or refund, or only a partial credit or refund, is made in such fashion, the Contractor shall pay to the Authorized User the amount of such credit or refund or portion thereof still outstanding, within 30 calendar days of demand.

UNANTICIPATED EXCESSIVE PURCHASE:

The State reserves the right to negotiate lower pricing, or to advertise for Bids, for any unanticipated excessive purchase.

OVERLAPPING CONTRACT ITEMS:

Products available in this contract may also be available from other New York State contracts.

Authorized Users will be advised to select the most cost-effective procurement alternative that meets their program requirements and maintain a procurement record documenting the basis for the selection.

NEW YORK STATE VENDOR RESPONSIBILITY QUESTIONNAIRE FOR-PROFIT BUSINESS ENTITY:

Contractor is encouraged to maintain up-to-date Questionnaire during the life of the contract and is also required to ensure this Questionnaire reflects any substantive issues that may have occurred from the time the Contract was initially awarded.

PROCUREMENT SERVICES’ DISPUTE RESOLUTION POLICY:

It is the policy of the Office of General Services’ Procurement Services to provide vendors with an opportunity to administratively resolve disputes, complaints or inquiries related to Procurement Services bid solicitations or contract awards. Procurement Services encourages vendors to seek resolution of disputes through consultation with Procurement Services staff. All such matters will be accorded impartial and timely consideration. Interested parties may also file formal written disputes. A copy of Procurement Services’ Dispute Resolution Procedures for Vendors may be obtained by contacting the person shown on the front of this document or through the OGS website (https://www.ogs.ny.gov).

NOTE TO CONTRACTOR:

In the event a specified manufacturer's product listed in the Contract Award Notification becomes unavailable or cannot be supplied to the State by the contractor for any reason (except as provided for in the “Savings/Force Majeure” clause in Appendix B, OGS General Specifications), a product deemed by the Office of General Services to be equal to or better than the specified product must be substituted by the contractor at no additional cost or expense to the State.

PREFERRED SOURCE PRODUCTS AND SERVICES:

Section 162 of the State Finance Law requires that Authorized Users afford first priority to the Products of Preferred Source suppliers such as Corcraft (the marketplace name for the NYS Department of Corrections and Community Supervision, Division of Industries), New York State Preferred Source Program for People who are Blind (NYSPSP), and New York State Industries for the Disabled (NYSID), and others determined by law, when such Products meet the form, function and utility of the Authorized User. Some Products in the resultant Contract may be available from one or more Preferred Sources. An Authorized User must determine if a particular Product is approved for a Preferred Source and follow the requirements of State Finance Law § 162(3) or (4)(b), respectively, before engaging the Contractor.

NYS FINANCIAL SYSTEM (SFS):

New York State is currently operating on an Enterprise Resource Planning (ERP) system, Oracle PeopleSoft software, referred to as the Statewide Financial System (SFS). SFS is currently on PeopleSoft Financials version 9.2. SFS supports requisition-to-payment processing and financial management functions.

GROUP 10150 - Personal Protective Equipment (PPE) & Related Items AWARD PAGE 12

The State is also implementing an eProcurement application that supports the requisitioning process for State Agencies to procure Products in SFS. This application provides catalog capabilities. Contractors with Centralized Contracts have the ability to provide a “hosted” or “punch-out” catalog that integrates with SFS and is available to Authorized Users via a centralized eMarketplace website. Additional information may be found at: https://ogs.ny.gov/procurement/emarketplace.

There are no fees required for a Contractor’s participation in the catalog site development or management. Upon completion and activation of an on-line catalog, State Agencies will process their orders through the SFS functionality and other Authorized Users can access the catalog site to fulfill orders directly.

The State may be implementing additional PeopleSoft modules in the near future. Further information regarding business processes, interfaces, and file layouts currently in place may be found at:

https://web.osc.state.ny.us/agencies/guide/MyWebHelp/Default.htm.

AMERICANS WITH DISABILITIES ACT (ADA):

The federal ADA bars employment discrimination and requires all levels of government to provide necessary and reasonable accommodations to qualified workers with disabilities. Contractor is required to identify and offer any Products it manufactures or adapts that may be used or adapted for use by persons with visual, hearing, or any other physical disabilities. Although it is not mandatory for Contractor to have these Products, it is necessary to identify any such Products offered that fall into the above category.

N.Y. STATE FINANCE LAW § 139-L:

Pursuant to N.Y. State Finance Law § 139-l, every bid made on or after January 1, 2019 to the State or any public department or agency thereof, where competitive bidding is required by statute, rule or regulation, for work or services performed or to be performed or goods sold or to be sold, and where otherwise required by such public department or agency, shall contain a certification that the Contractor has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of N.Y. State Labor Law § 201-g.

N.Y. State Labor Law § 201-g provides requirements for such policy and training and directs the Department of Labor, in consultation with the Division of Human Rights, to create and publish a model sexual harassment prevention guidance document, sexual harassment prevention policy and sexual harassment prevention training program that employers may utilize to meet the requirements of N.Y. State Labor Law § 201-g. The model sexual harassment prevention policy, model sexual harassment training materials, and further guidance for employers, can be found online at the following URL:

https://www.ny.gov/combating-sexual-harassment-workplace/employers.

Pursuant to N.Y. State Finance Law § 139-l, any bid by a corporate Contractor containing the certification required above shall be deemed to have been authorized by the board of directors of such Contractor, and such authorization shall be deemed to include the signing and submission of such bid and the inclusion therein of such statement as the act and deed of the Contractor.

INSURANCE:

The Contractor shall maintain in force at all times during the terms of the Contract, policies of insurance pursuant to the requirements outlined in Attachment 04 – Insurance Requirements.

REPORT OF CONTRACT USAGE:

Contractor shall submit Attachment 08 – Report of Contract Usage including total sales to Authorized Users of this Contract by Contractor, and all authorized resellers, dealers, and distributors, if any, no later than 10 business days after the close of each calendar quarter. If the Contract period begins or ends in a fractional portion of a reporting period, only the actual Contract sales for this fractional period should be included in the quarterly report.

https://ogs.ny.gov/procurement/emarketplace

GROUP 10150 - Personal Protective Equipment (PPE) & Related Items AWARD PAGE 13

Contractors shall specify if any authorized resellers, dealers, or distributors are NYS Certified Minority-and/or Women-Owned Business Enterprises (MWBEs), small business enterprises (SBEs), or Service- Disabled Veteran-Owned Businesses (SDVOBs).

The report is to be submitted electronically via e-mail in Microsoft Excel to OGS Procurement Services, to the attention of the individual listed on the front page of the Contract Award Notification and shall reference the Contract Group Number, Award Number, Contract Number, Sales Period, and Contractor's name.

The report in Attachment 08 – Report of Contract Usage contains the minimum information required.

Additional related sales information, such as detailed user purchases may be required by OGS and must be supplied upon request. Failure to submit reports on a timely basis may result in Contract cancellation and designation of Contractor as non-responsible.

This Contract may be terminated if, on the one-year anniversary date of the Contract Award, and annually thereafter, the reports required to be filed under this Section show that the Contractor has made no sales to any Authorized User under the Contract for the prior year. Termination of the Contract under this Section is in addition to Appendix B – Termination, and shall take effect upon written notification to the Contractor. The Contract may also be terminated for failure to file the reports required under this Section.

CONTRACTOR REQUIREMENTS AND PROCEDURES FOR BUSINESS PARTICIPATION

OPPORTUNITIES FOR NYS CERTIFIED MINORITY- AND WOMEN-OWNED BUSINESS ENTERPRISES

AND EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITY GROUP MEMBERS AND WOMEN:

I. New York State Law

Pursuant to New York State Executive Law Article 15-A and Parts 140-145 of Title 5 of the New York Codes, Rules and Regulations (“NYCRR”), the New York State Office of General Services (“OGS”) is required to promote opportunities for the maximum feasible participation of New York State-certified Minority- and Women-owned Business Enterprises (“MWBEs”) and the employment of minority group members and women in the performance of OGS contracts.

II. General Provisions

A. OGS is required to implement the provisions of New York State Executive Law Article 15-A and 5 NYCRR Parts 140-145 (“MWBE Regulations”) for all State contracts as defined therein, with a value (1) in excess of $25,000 for labor, services, equipment, materials, or any combination of the foregoing or (2) in excess of $100,000 for real property renovations and construction.

B. The Contractor agrees, in addition to any other nondiscrimination provision of the Contract and at no additional cost to OGS, to fully comply and cooperate with OGS in the implementation of New York State Executive Law Article 15-A and the regulations promulgated thereunder. These requirements include equal employment opportunities for minority group members and women (“EEO”) and contracting opportunities for MWBEs. Contractor’s demonstration of “good faith efforts” pursuant to 5 NYCRR §142.8 shall be a part of these requirements. These provisions shall be deemed supplementary to, and not in lieu of, the nondiscrimination provisions required by New York State Executive Law Article 15 (the “Human Rights Law”) or other applicable federal, State or local laws.

C. Failure to comply with all of the requirements herein may result in a finding of non-responsiveness, a finding of non-responsibility, breach of contract, withholding of funds, liquidated damages pursuant to clause IX of this section, and/or enforcement proceedings as allowed by the Contract and applicable law.

III. Equal Employment Opportunity (EEO)

A. The provisions of Article 15-A of the Executive Law and the rules and regulations promulgated thereunder pertaining to equal employment opportunities for minority group members and women shall apply to all Contractors, and any subcontractors, awarded a subcontract over $25,000, for labor, services, GROUP 10150 - Personal Protective Equipment (PPE) & Related Items AWARD PAGE 14 including legal, financial and other professional services, travel, supplies, equipment, materials, or any combination of the foregoing, to be performed for, or rendered or furnished to, the contracting State agency (the “Work”) except where the Work is for the beneficial use of the Contractor.

1. Contractor and subcontractors shall undertake or continue existing EEO programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, EEO shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation. This requirement does not apply to: (i) the performance of work or the provision of services or any other activity that is unrelated, separate or distinct from the Contract; or (ii) employment outside New York State.

2. By entering into this Contract, Contractor certifies that the text set forth in clause 12 of Appendix A, attached hereto and made a part hereof, is Contractor’s equal employment opportunity policy. In addition, Contractor agrees to comply with the Non-Discrimination Requirements set forth in clause 5 of Appendix A.

B. Form EEO 100 - Staffing Plan. Plan

To ensure compliance with this section, the Contractor agrees to submit or has submitted with the Bid a staffing plan on Form EEO 100 to OGS to document the composition of the proposed workforce to be utilized in the performance of the Contract by the specified categories listed, including ethnic background, gender, and federal occupational categories.

C. Form EEO 101 - Workforce Utilization Reporting Form (Commodities and Services) (“Form EEO-101-Commodities and Services”)

1. The Contractor shall submit, and shall require each of its subcontractors to submit, a Form EEO-101-Commodities and Services to OGS to report the actual workforce utilized in the performance of the Contract by the specified categories listed including ethnic background, gender, and Federal occupational categories. The Form EEO-101-Commodities and Services must be submitted electronically to OGS at EEO_CentCon@ogs.ny.gov on a quarterly basis during the term of the Contract by the 10th day of April, July, October, and January.

2. Separate forms shall be completed by Contractor and any subcontractor.

3. In limited instances, the Contractor or subcontractor may not be able to separate out the workforce utilized in the performance of the Contract from its total workforce. When a separation can be made, the Contractor or subcontractor shall submit the Form EEO-101-Commodities and Services and indicate that the information provided relates to the actual workforce utilized on the Contract. When the workforce to be utilized on the Contract cannot be separated out from the Contractor's or subcontractor's total workforce, the Contractor or subcontractor shall submit the Form EEO-101-Commodities and Services and indicate that the information provided is the Contractor's or subcontractor’s total workforce during the subject time frame, not limited to work specifically performed under the Contract.

D. Contractor shall comply with the provisions of the Human Rights Law, all other State and federal statutory and constitutional non-discrimination provisions. Contractor and subcontractors shall not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest.

IV. Contract Goals

A. OGS hereby establishes an overall goal of 30% for MWBE participation, 15% for Minority- Owned Business Enterprises (“MBE”) participation and 15% for Women-Owned Business Enterprises (“WBE”) participation (based on the current availability of qualified MBEs and WBEs). The total Contract goal

GROUP 10150 - Personal Protective Equipment (PPE) & Related Items AWARD PAGE 15 can be obtained by utilizing any combination of MBE and /or WBE participation for subcontracting and supplies acquired under the Contract.

B. For purposes of providing meaningful participation by MWBEs on the Contract and achieving the Contract goals established in clause IV-A hereof, Contractor should reference the directory of New York State Certified MWBEs found at the following internet address:

https://ny.newnycontracts.com/FrontEnd/VendorSearchPublic.asp?TN=ny&XID=2528. The MWBE Regulations are located at 5 NYCRR § 140 – 145. Questions regarding compliance with MWBE participation goals should be directed to the Designated Contacts within the OGS Office of Minority- and Women Owned Businesses Enterprises. Additionally, following Contract execution, Contractor is encouraged to contact the Division of Minority and Women’s Business Development ((518) 292-5250; (212) 803-2414; or (716) 846- 8200) to discuss additional methods of maximizing participation by MWBEs on the Contract.

C. Contractor must document “good faith efforts” to provide meaningful participation by MWBEs as subcontractors or suppliers in the performance of the Contract (see clause VII below).

V. MWBE Utilization Plan

A. In accordance with 5 NYCRR § 142.4, Bidders are required to submit a completed Utilization Plan on Form MWBE 100 with their bid.

B. The Utilization Plan shall list the MWBEs the Bidder intends to use to perform the Contract, a description of the Contract scope of work the Bidder intends the MWBE to perform to meet the goals on the Contract, the estimated or, if known, actual dollar amounts to be paid to an MWBE. By signing the Utilization Plan, the Bidder acknowledges that making false representations or including information evidencing a lack of good faith as part of, or in conjunction with, the submission of a Utilization Plan is prohibited by law and may result in penalties including, but not limited to, termination of a contract for cause, loss of eligibility to submit future bids, and/or withholding of payments. Any modifications or changes to the agreed participation by New York State Certified MWBEs after the Contract award and during the term of the Contract must be reported on a revised MWBE Utilization Plan and submitted to OGS.

C. By entering into the Contract, Bidder/Contractor understands that only sums paid to MWBEs for the performance of a commercially useful function, as that term is defined in 5 NYCRR § 140.1, may be applied towards the achievement of the applicable MWBE participation goal. When an MWBE is serving as a broker on the Contract, only 25 percent of all sums paid to a broker shall be deemed to represent the commercially useful function performed by the MWBE

D. OGS will review the submitted MWBE Utilization Plan and advise the Bidder of OGS acceptance or issue a notice of deficiency within 30 days of receipt.

E. If a notice of deficiency is issued; Bidder agrees that it shall respond to the notice of deficiency, within seven (7) business days of receipt, by submitting to OGS a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by OGS to be inadequate, OGS shall notify the Bidder and direct the Bidder to submit, within five (5) business days of notification by OGS, a request for a partial or total waiver of MWBE participation goals on Form BDC 333. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal.

F. OGS may disqualify a Bidder’s bid/proposal as being non-responsive under the following circumstances:

(a) If a Bidder fails to submit an MWBE Utilization Plan;

(b) If a Bidder fails to submit a written remedy to a notice of deficiency;

(c) If a Bidder fails to submit a request for waiver; or

(d) If OGS determines that the Bidder has failed to document good faith efforts.

G. If awarded a Contract, Contractor certifies that it will follow the submitted MWBE Utilization Plan for the performance of MWBEs on the Contract pursuant to the prescribed MWBE goals set forth in clause IV-A of this Section.

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H. Bidder/Contractor further agrees that a failure to submit and/or use such completed MWBE Utilization Plan shall constitute a material breach of the terms of the Contract. Upon the occurrence of such a material breach, OGS shall be entitled to any remedy provided herein, including but not limited to, a finding of Contractor non-responsiveness.

VI. Request for Waiver

A. Prior to submission of a request for a partial or total waiver, Bidder shall contact the Designated Contacts listed on page 1 of this document for guidance.

B. In accordance with 5 NYCRR § 142.7, a Bidder/Contractor who is able to document good faith efforts to meet the goal requirements, as set forth in clause VII below, may submit a request for a partial or total waiver on Form BDC 333, accompanied by supporting documentation. A Bidder may submit the request for waiver at the same time it submits its MWBE Utilization Plan. If a request for waiver is submitted with the MWBE Utilization Plan and is not accepted by OGS at that time, the provisions of clauses V(C), (D) & (E) will apply. If the documentation included with the Bidder’s/Contractor’s waiver request is complete, OGS shall evaluate the request and issue a written notice of acceptance or denial within twenty (20) business days of receipt.

C. Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract award may be made at any time during the term of the Contract to OGS, but must be made no later than prior to the submission of a request for final payment on the Contract.

D. If OGS, upon review of the MWBE Utilization Plan and Monthly MWBE Contractor Compliance Reports determines that Contractor is failing or refusing to comply with the contract goals and no waiver has been issued in regards to such non-compliance, OGS may issue a notice of deficiency to the Contractor. The Contractor must respond to the notice of deficiency within seven (7) business days of receipt. Such response may include a request for partial or total waiver of MWBE contract goals.

VII. Required Good Faith Efforts

In accordance with 5 NYCRR § 142.8, Contractors must document their good faith efforts toward utilizing MWBEs on the Contract. Evidence of required good faith efforts shall include, but not be limited to, the following:

1. A list of the general circulation, trade and MWBE-oriented publications and dates of publications in which the Contractor solicited the participation of certified MWBEs as subcontractors/suppliers, copies of such solicitations and any responses thereto.

2. A list of the certified MWBEs appearing in the Empire State Development (“ESD”) MWBE directory that were solicited for this Contract. Provide proof of dates or copies of the solicitations and copies of the responses made by the certified MWBEs. Describe specific reasons that responding certified MWBEs were not selected.

3. Descriptions of the Contract documents/plans/specifications made available to certified MWBEs by the Contractor when soliciting their participation and steps taken to structure the scope of work for the purpose of subcontracting with, or obtaining supplies from, certified MWBEs.

4. A description of the negotiations between the Contractor and certified MWBEs for the purposes of complying with the MWBE goals of this Contract.

5. Dates of any pre-bid, pre-award or other meetings attended by Contractor, if any, scheduled by OGS with certified MWBEs whom OGS determined were capable of fulfilling the MWBE goals set in the Contract.

6. Other information deemed relevant to the request.

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VIII. Monthly MWBE Contractor Compliance Report

A. In accordance with 5 NYCRR § 142.10, Contractor is required to report Monthly MWBE Contractor Compliance to OGS during the term of the Contract for the preceding month’s activity, documenting progress made towards achievement of the Contract MWBE goals.