3870823164ra.pdf

23164ra2 (Continued)

Title : Group 38708 – In-Breath Alcohol Testing Equipment and Accessories (Statewide)

Classification Code(s): 41 & 42

Award Number : 23164 (Replaces Award 22699)

Contract Period : August 29, 2019 to August 28, 2027

Bid Opening Date : April 16, 2019

Date of Issue : August 29, 2019 (Revised November 13, 2024)

Specification Reference : As Incorporated Herein

Contractor Information : Appears on Page 2 of this Award

Address Inquiries To:

State Agencies & Vendors Political Subdivisions & Others

Name :

Title :

Phone :

E-mail :

Sean W. McManus Contract Management Specialist 1 518-473-8214 Sean.McManus@ogs.ny.gov

Procurement Services Customer Services

Phone :

E-mail :

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

Procurement Services values your input.

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

Description

The purpose of these contracts is to provide Authorized Users with a means of acquiring In-Breath Alcohol Testing Equipment and Related Accessories. Items include: Instrumentation, Mouthpieces, Reference Standard for Liquid and Gas.

Please note Lot 4 – Reference Standard (Gas) was NOT Awarded.

This Contract Award Notification contains a subset of information from the Solicitation. The resulting Contracts from Solicitation 23164 have been executed by Contract Award Letter. Complete Contract details including terms and conditions can be found in the Solicitation document dated Revised April 8, 2019.

This contract has 0% MWBE and 0% SDVOB Goals.

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

Contract Award Notification https://ogs.ny.gov/contract-award-23164

GROUP 38708 – In-Breath Alcohol Testing Equipment and accessories AWARD 23164 PAGE 2 (Statewide)

NOTE: See individual contract items to determine actual awardees.

Contract # Contractor FEIN NYS Vendor ID

PC68682 Alcohol Countermeasure Systems, Inc.

36-2876877 1100229480

PC68683 CMI, Inc.

61-1205273 1000009592

PC68684 Draeger, Inc.

23-1699096 1000055700

PC68685 Guth Laboratories, Inc.

23-2139091 1000008907

PC68686 Intoximeters, Inc.

43-0906533 1000009340

Lot(s)/Sub-Lot(s) Offered:

Contractor Lot 1 Instrumentation

Lot 2 Mouth pieces

Lot 3 Reference Standard (Liquid)

Lot 4 Reference Standard

(Gas)

3A Liquid Reference Standard for

Calibration of Breath Testing Equipment

3B Liquid Reference Standard for Field

Use on Breath Testing Equipment

3A1 3A2 3A3 3B1 3B2 3B3

Alcohol Countermeasure Systems, Inc.

X X X X X

CMI. Inc. X X

Draeger, Inc. X X Not Awarded

Guth Laboratories, Inc. X X X Not

Awarded

Intoximeters, Inc. X X Not Awarded

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/awards/3870823164CAN.HTM https://online.ogs.ny.gov/purchase/spg/awards/3870823164CAN.HTM

GROUP 38708 – In-Breath Alcohol Testing Equipment and accessories AWARD 23164 PAGE 3

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

INVOICES MUST BE SENT DIRECTLY TO THE ORDERING AGENCY FOR PAYMENT.

(See "INVOICING AND PAYMENT" in this document.)

AGENCIES SHOULD NOTIFY NEW YORK STATE PROCUREMENT SERVICES PROMPTLY IF THE

CONTRACTOR FAILS TO MEET DELIVERY OR OTHER TERMS OF THIS CONTRACT. PRODUCTS OR

SERVICES WHICH DO NOT COMPLY WITH THE SPECIFICATIONS OR ARE OTHERWISE

UNSATISFACTORY TO THE AGENCY SHOULD ALSO BE REPORTED TO PROCUREMENT SERVICES.

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 38708 – In-Breath Alcohol Testing Equipment and accessories AWARD 23164 PAGE 4

CONFLICT OF TERMS:

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

1. Appendix A, Standard Clauses for New York State Contracts;

2. The Solicitation (Revised April 8, 2019);

3. Appendix B, General Specifications;

4. All other appendices and attachments to the Solicitation.

5. Contractor’s Bid Prices as published by OGS.

OVERVIEW:

This Contract provides Authorized Users with a means of acquiring In-Breath Alcohol Testing Equipment and Accessories (Statewide) by New York State Agencies and Non-State Agencies, including political subdivisions, school districts and others authorized by law (See Sections titled, Non-State Agencies Participation in Centralized Contracts and Extension of Use). 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.

Award in Lots 1 and 2 were made by item based on the lowest price bid for each item by a responsive and responsible Bidder. This award allows for multiple awardees for each Lot.

Award in Lots 3 and 4 were made to all responsive and responsible Bidders within each Sub-Lot who met the minimum requirements, and whose pricing was deemed to be reasonable as determined by the State. This Contract allows for multiple awardees for each Sub-Lot.

Lot 4 – Reference Standard (Gas) was NOT Awarded.

SCOPE:

The Contract is divided into four (4) separate Lots as indicated below.

Contractors were not required to bid on all Lots, but could bid on as many Lots as they wished.

For Lots 1 and 2, Contractors were not required to bid on all items within a Lot, but could bid on as many items as they wished.

Lots 3 and 4 each contain six (6) Sub-Lots. Contractors were not required to bid on all Sub-Lots within Lots 3 or 4, but could bid on as many Sub-Lots as they wished.

Contractors were required to bid on all items in a Sub-Lot.

Lot Description Sub-Lot Specifications 1 Instrumentation None As referenced below in Specifications

2 Mouthpieces None As referenced below in Specifications

3 Reference Standard (Liquid) 3A Liquid Reference Standard for

Calibration of Breath Testing Equipment

3A1 As referenced below in Specifications 3A2 As referenced below in Specifications 3A3 As referenced below in Specifications

3B Liquid Reference Standard for Field Use on Breath Testing Equipment

3B1 As referenced below in Specifications 3B2 As referenced below in Specifications 3B3 As referenced below in Specifications

GROUP 38708 – In-Breath Alcohol Testing Equipment and accessories AWARD 23164 PAGE 5

4 Reference Standard (Gas) 4A Gas Reference Standard for

Calibration of Breath Testing Equipment

4A1 As referenced below in Specifications Not Awarded

4A2 As referenced below in Specifications Not Awarded

4A3 As referenced below in Specifications Not Awarded

4B Gas Reference Standard for Field Use

4B1 As referenced below in Specifications Not Awarded

4B2 As referenced below in Specifications Not Awarded

4B3 As referenced below in Specifications Not Awarded

PROCUREMENT INSTRUCTIONS FOR AUTHORIZED USERS:

Authorized Users shall procure Products that best meet their form, function, and utility requirements.

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 Solicitation 23164 shall be an estimated quantity Contract. No specific quantities are represented or guaranteed, and the State provides no guarantee of individual Authorized User participation. The Contractor must furnish all quantities actually ordered at or below the Contract prices. The anticipated dollar value of the award for this Contract, based on historical purchases under previous awards, is approximately $500,000 annually. The individual value of each resultant Contract is indeterminate and will depend upon the number of Contracts issued and the competitiveness of the pricing offered. Authorized Users will be encouraged to purchase from Contractors who offer the Products and 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 Solicitation 23164 to vary substantially from the estimates in Solicitation 23164. Such factors include, but are not limited to, the following:

• Such Contracts may be 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.

Contractor acknowledges the foregoing and agrees that actual good faith purchasing volumes during the term of the resulting Contracts could vary substantially from the estimates provided in Solicitation 23164.

GROUP 38708 – In-Breath Alcohol Testing Equipment and accessories AWARD 23164 PAGE 6

DEFINITIONS:

Capitalized terms used in this Contract shall be defined in accordance with Appendix B, Definitions, or as below.

“Bid Deviation” shall refer to any variance submitted or proposed by a Bidder, which deviates from, adds extraneous terms to, conflicts with or offers an alternative to any term, condition, specification or requirement of the Solicitation.

“Business Day” shall refer to Monday through Friday from 8:00 AM – 5:00 PM ET, excluding NYS

Holidays and federal holidays.

“MWBE” shall refer to a business certified with NYS Empire State Development (“ESD”) as a Minority-and/or Women-owned Business Enterprise.

“NYS Holidays” refers to the legal holidays for State employees in the classified service of the executive branch, as more particularly specified on the website of the NYS Department of Civil Service. This includes the following: New Year’s Day; Martin Luther King Day; Washington’s Birthday (observed);

Memorial Day; Independence Day; Labor Day; Columbus Day; Veteran’s Day; Thanksgiving Day;

and Christmas Day.

“NYS Vendor ID” shall mean the ten-character identifier issued by New York State when a vendor is registered on the Vendor File.

“Preferred Source Products” shall refer to those Products that have been approved in accordance with

New York State Finance Law § 162.

“Preferred Source Program” shall refer to the special social and economic goals set by New York State in State Finance Law § 162 that require a governmental entity purchase select Products from designated organizations when the Products meet the “form, function and utility” requirements of the governmental entity. Under State Finance Law § 163, purchases of Products from Preferred Sources are given the highest priority and are exempt from the competitive bidding requirements.

The New York State Preferred Sources include: The Correctional Industries Program of the Department of Corrections and Community Supervision (“Corcraft”); New York State Preferred Source Program for People Who Are Blind (“NYSPSP”); and the New York State Industries for the Disabled (“NYSID”). These requirements apply to all state agencies, political subdivisions and public benefit corporations (including most public authorities).

“Procurement Services” shall refer to a business unit of OGS, formerly known as New York State

Procurement (“NYSPro”) and Procurement Services Group (“PSG”).

“SDVOB” shall refer to a NYS-certified Service-Disabled Veteran-Owned Business

SPECIFICATIONS:

Lot 1 - Instrumentation

Breath testing instrumentation in Lot 1 includes breath analyzers, breath alcohol screening devices, and alcohol reference simulators.

Contract awards for the breath analyzers and screeners in Lot 1 are limited to: (1) those products enumerated by the National Highway Traffic Safety Administration (NHTSA) in its published Conforming Products List (available at: https://www.govinfo.gov/content/pkg/FR-2017-11-02/pdf/2017-23869.pdf) or

(2) those products which OGS can otherwise verify have been approved by NHTSA for inclusion on the Conforming Products List for instruments that conform to the Evidential Breath Testing Devices (82 FR 50940 and any subsequent NHTSA amending docket).

https://www.govinfo.gov/content/pkg/FR-2017-11-02/pdf/2017-23869.pdf

GROUP 38708 – In-Breath Alcohol Testing Equipment and accessories AWARD 23164 PAGE 7

A New York State Department of Health Approved Training Agency (“Training Agency”) reserves the right to evaluate and approve any unit prior to award. Approval by a Training Agency does not in any way relieve the manufacturer of their obligation to maintain such quality controls as will ensure that deliveries of their product will be no less acceptable than the sample upon which the inclusion was made. The Training Agencies reserve the right to inspect the facilities of the manufacturer unannounced during normal business hours.

Lot 2 – Mouthpieces

Contract awards for Lot 2 are limited to mouthpieces for any instrument on the Conforming Products List.

A New York State Department of Health Approved Training Agency (“Training Agency”) reserves the right to evaluate and approve any unit prior to award. Approval by a Training Agency does not in any way relieve the manufacturer of their obligation to maintain such quality controls as will ensure that deliveries of their product will be no less acceptable than the sample upon which the inclusion was made. The Training Agencies reserve the right to inspect the facilities of the manufacturer unannounced during normal business hours.

Lot 3 – Reference Standard (Liquid)

All Contractors for Lot 3 – Reference Standards (Liquid) submitted the following with their bid:

• Representative Samples of a single value (6 bottles). The samples must be bottled, labeled, coded and packaged in accordance with Detailed Specifications listed in Section 3 – SPECIFICATIONS of Solicitation 23164.

• A Certificate of Analysis, either their own, or from an independent lab

• A copy of the documentation of testing to ensure the water’s compliance with U.S.P.

specifications.

Lot 3A – Liquid Reference Standard for Calibration of Breath Testing Equipment

CALIBRATION SIMULATOR SOLUTION CRITERIA

A. SOLUTION:

The three calibration (3) reference standards shall be pre-mixed, ready for immediate use, ethanol (Ethyl Alcohol) reference solutions for simulators, one with a value (standard) of 0.18%, one with a value (standard) of 0.10% and one with a value (standard) of 0.08%. The manufacturer must agree to change the values (standards) upon 60 days’ notice in writing from a New York State Department of Health Approved Training Agency. The solutions must contain only ethanol (Ethyl Alcohol) and purified water as described below. Packaging shall be in 500 mL bottles.

The ethanol used shall meet the requirements for Ethyl Alcohol - 200 proof dehydrated as specified in the U.S.P. (United States Pharmacopoeia) monograph for 200 proof dehydrated ethyl alcohol.

The water used in the manufacture of the solution shall be purified water as specified in the U.S.P. monograph for purified water. This water will be tested by the manufacturer to ensure compliance with U.S.P. specifications.

Documentation of these testing results will be maintained by the manufacturer. A copy of the testing results must accompany the samples. (Any sample found to include additional chemicals used in the manufacturing to control the growth of algae, fungus, mildew, etc. will be rejected and the bid offer will be disqualified.)

At a value (standard) of 0.18%, the solution shall:

• Contain 0.218 (±0.007) grams of ethanol per 100 mL of solution

• Provide a value of 0.180% (±3%) at 34ºC (±0.2ºC) on a breath alcohol testing device.

GROUP 38708 – In-Breath Alcohol Testing Equipment and accessories AWARD 23164 PAGE 8

• Be manufactured by a single batch/lot in a volume at least equivalent to each bi-monthly shipment.

At a value (standard) of 0.10%, the solution shall:

• Contain 0.121 (±0.004) grams of ethanol per 100 mL of solution.

• Provide a value of 0.100% (±3%) at 34ºC (±0.2ºC) on a breath alcohol testing device.

• Be manufactured by a single batch/lot in a volume at least equivalent to each bi-monthly shipment.

At a value (standard) of 0.08%, the solution shall:

• Contain 0.097 (±0.003) grams of ethanol per 100 mL of solution

• Provide a value of 0.080% (±3%) at 34ºC (±0.2ºC) on a breath alcohol testing device.

• Be manufactured by a single batch/lot in a volume at least equivalent to each bi-monthly shipment.

All solutions shall have been tested for accuracy by an independent laboratory other than the supplier unless the supplier is an ISO 17034 accredited reference material producer with testing activities assessed to conform to the relevant parts of ISO 17025 per Section 2.3.1– BIDDER QUALIFICATIONS, Lot 3A – Liquid Reference Standard for Calibration of Breath Testing Equipment, #1 – Sub-Lot 3A1, of Solicitation 23164. All analyses shall be performed utilizing gas chromatography and procedures traceable to the standards established by the National Institute of Standards and Technology. All analyses shall reflect the batch/lot number assigned to the solution analyzed and the test results of analysis shall be expressed in grams of ethanol per 100 mL of solution or its equivalent.

If the solution fails at any time to meet specifications as determined by the agencies, the contractor shall replace the entire batch/lot within one month at no cost to the State, and also, be responsible for any additional cost factors.

The analytical laboratory's certificate of analysis/assay of the specific batch/lot must be forwarded to and received by the requesting New York State Department of Health Approved Training Agency. The certificate shall minimally contain the following:

• Name and address of testing facility

• Batch/Lot Number

• Date of Analysis

• Results of acceptable method of analysis

If the analytical laboratory testing the simulator solution is accredited, the certificate of analysis must also include:

• Reference to accreditation held by manufacturer and/or testing laboratory

• Estimation of measurement uncertainty with a 95% confidence level (coverage factor k=2)

B. FURTHER CONTRACT INFORMATION:

The New York State Department of Health Approved Training Agencies reserve the right to inspect the facilities of the manufacturer unannounced during normal business hours. The bidder of the reference standard must also be the manufacturer of the reference standard. The bidder must include along with evaluation samples, three (3) current customer references. These references will contain the following:

• Name of Reference

• Address of Reference

• Telephone Number

• Contact Person

GROUP 38708 – In-Breath Alcohol Testing Equipment and accessories AWARD 23164 PAGE 9

C. PACKAGING:

All bottles supplied shall be pharmaceutical quality, high-density polyethylene with a natural finish.

Each bottle shall be designed to contain 500 milliliters of solution for a simulator.

The bottle closure (cap) shall have a liner specifically designed to provide a non-absorptive positive seal. In addition, once the cap is in place, the liner will remain attached to the top of the bottle (pressure seal), whenever the cap is removed.

Each bottle shall be designed with a tamper-proof outer seal, which must be broken and removed before the cap can be removed.

The shipping carton shall be designed to protect each shipment against damage.

Calibration solution shipments shall be packaged and transported so as to arrive directly to any location within New York State within two (2) business days of shipping. Shipments must be secured from loss and damage. A New York State Department of Health Approved Training Agency may allow other transit timeframes if mutually agreed upon.

The contractor shall be able to provide shipments of at least a package of two (2) 500 ml bottles.

D. VOLUME:

The volume within the appropriate container shall be within 5%.

E. LABELING:

Labels for the 0.10% reference standard must be white, and labels for the 0.18% and 0.08% reference standard must be contrasting colors. Labels shall be prepared using permanent-type, non-water-soluble ink.

Each container must be minimally labeled to indicate:

• Batch/Lot number assigned to the particular batch

• Expiration date (month/day/year)

• Bottle number

• Nominal Value via breath test instrument

• Name & address of manufacturer

Each package of two bottles or more of Simulator Reference Solution (500mL) shall carry the necessary extra labels listing a stamped batch/lot number, expiration/use date (month/day/year), value.

The extra labels shall be designed so that they may be readily removed from the Simulator Reservoir Jar

F. CODE:

Each batch/lot shall be assigned a unique batch/lot code, which shall appear on the label and on the manufacturer’s analysis/assay report.

Every batch/lot code number must be unique and never be reused. Each batch/lot code number shall represent a batch produced in a single vessel.

Each batch/lot produced may be sold to other customers in addition to New York State, but must be sold to them at a similar market value.

GROUP 38708 – In-Breath Alcohol Testing Equipment and accessories AWARD 23164 PAGE 10

G. NUMBERING:

All bottles of Simulator Reference Solution shall be numbered consecutively starting with 0001 for each bottle filled from a particular batch/lot number.

H. BATCH/LOT SIZE:

Each batch must be mixed in a single container. The minimum amount requested in each order will be at the training agency’s discretion.

I. MIXING:

Mixing of the solution must be accomplished using an electronic submersible pump or an alternative method deemed acceptable by a New York State Department of Health Approved Training Agency.

J. EXPIRATION DATE:

Expiration date shall not exceed twelve (12) months from date of manufacture, unless requested by a New York State Department of Health Approved Training Agency.

Shipments must be received by agencies within New York State so that there is a minimum of ten (10) months remaining before the expiration date.

Items requested for Lot 3A (all Sub-Lots):

ITEM REFERENCE

1 0.08% Calibration Reference Standard (Liquid) 2 0.10% Calibration Reference Standard (Liquid) 3 0.18% Calibration Reference Standard (Liquid)

Lot 3B – Liquid Reference Standard for Field Use on Breath Testing Equipment

FIELD SIMULATOR SOLUTION CRITERIA

A. SOLUTION:

The field reference standard shall be pre-mixed, ready for immediate use, ethanol (ethyl alcohol) reference solutions for simulator use with a value (standard) of 0.10%. The manufacturer must agree to change the value (standard) upon 60 days’ notice in writing from a New York State Department of Health Approved Training Agency. The solutions must contain only ethanol (Ethyl Alcohol) and purified water as described below. Packaging shall be in 500 mL bottles.

The ethanol used shall meet the requirements for Ethyl Alcohol - 200 proof dehydrated as specified in the U.S.P. (United States Pharmacopoeia) monograph for 200 proof dehydrated ethyl alcohol.

The water used in the manufacture of the solution shall be purified water as specified in the U.S.P. monograph for purified water. This water will be tested by the manufacturer to ensure compliance with U.S.P. specifications. Documentation of these testing results will be maintained by the manufacturer. A copy of the testing results must accompany the samples. (Any sample found to include additional chemicals used in the manufacturing to control the growth of algae, fungus, mildew, etc. will be rejected and the bid offer will be disqualified.)

At a value (standard) of 0.10%, the solution shall:

• Contain 0.121 (±0.004) grams of ethanol per 100 mL of solution.

• Provide a value of 0.100% (±3%) at 34ºC (±0.2ºC) on a breath alcohol testing device.

• Be manufactured by a single batch/lot in a volume at least equivalent to each bi-monthly shipment.

GROUP 38708 – In-Breath Alcohol Testing Equipment and accessories AWARD 23164 PAGE 11

All solutions will be produced at and distributed from a site within the United States and shall have been tested for accuracy by an independent laboratory other than the supplier unless the supplier is an accredited ISO 17034 reference material producer (as described in 2.3.2 Sub-Lot 3B1) with testing activities assessed to conform to the relevant parts to ISO 17025 per ISO 17034 accreditation practices for such testing. All analyses shall be performed utilizing gas chromatography and procedures traceable to the standards established by the National Institute of Standards and Technology. All analyses shall reflect the batch/lot number assigned to the solution analyzed and the test results of analysis shall be expressed in grams of ethanol per 100 mL of solution or its equivalent.

The analytical laboratory's certificate of analysis/assay of the specific batch/lot must be forwarded to and received by the requesting New York State Department of Health Approved Training Agency. The certificate shall minimally contain the following:

• Name and address of testing facility

• Batch/Lot Number

• Date of Analysis

• Results of acceptable method of analysis

If the analytical laboratory testing the simulator solution is accredited, the certificate of analysis must also include:

• Reference to accreditation held by manufacturer and/or testing laboratory

• Estimation of measurement uncertainty with a 95% confidence level (coverage factor k=2)

B. SAMPLES:

Representative samples (500 mL bottles) from the beginning, middle, and end of the bottling process of each batch/lot shall be sent to the requesting New York State Department of Health Approved Training Agency for analysis prior to any distribution of the batch/lot in New York State.

These representative samples will be the beginning, middle, and end of the bottling process. All bottles in the batch/lot must be labeled and numbered consecutively.

These samples will be accompanied by a recording of the total number of bottles of Simulator Reference Solution manufactured in the particular batch/lot for distribution to authorized agencies within New York State.

No shipments of the batch/lot may be distributed in New York State until the requesting New York State Department of Health Approved Training Agency approves their contents and resultant values.

If the solution fails at any time to meet specifications as determined by the agencies, the contractor shall replace the entire batch/lot within one month at no cost to the State, and also be responsible for any additional cost factors.

Upon approval of the solutions by the State, shipments of the product shall be made by the contractor to agencies requested in the State.

C. FURTHER CONTRACT INFORMATION:

The New York State Department of Health Approved Training Agencies reserve the right to inspect the facilities of the manufacturer unannounced during normal business hours. The bidder of the reference standard must also be the manufacturer of the reference standard. The bidder must include along with evaluation samples, three (3) current customer references.

These references will contain the following:

• Name of Reference

GROUP 38708 – In-Breath Alcohol Testing Equipment and accessories AWARD 23164 PAGE 12

• Address of Reference

• Telephone Number

• Contact Person

D. PACKAGING:

All bottles supplied shall be pharmaceutical quality, high-density polyethylene with a natural finish.

Each bottle shall be designed to contain 500 milliliters of solution for a simulator.

The bottle closure (cap) shall have a liner specifically designed to provide a non-absorptive positive seal. In addition, once the cap is in place, the liner will remain attached to the top of the bottle (pressure seal), whenever the cap is removed.

Each bottle shall be designed with a tamper-proof outer seal, which must be broken and removed before the cap can be removed.

The shipping carton shall be designed to protect each shipment against damage.

Field solution shipments shall be packaged and transported so as to arrive directly to each of over 240 agencies within New York State within two (2) business days of shipping, every two (2) months. Shipments must be secured from loss and damage. A New York State Department of Health Approved Training Agency may request other agency shipment timeframes, and allow other transit timeframes if mutually agreed upon.

The contractor shall be able to provide shipments of at least a package of two (2) 500 ml bottles.

E. VOLUME:

The volume within the appropriate container shall be within 5%.

F. LABELING:

Labels for the 0.10% field reference standard must be white. Labels shall be prepared using permanent-type, non-water-soluble ink.

Each container must be minimally labeled to indicate:

• Batch/Lot number assigned to the particular batch

• Expiration date (month/day/year)

• Bottle number

• Nominal Value via breath test instrument

• Name & address of manufacturer

Each package of two bottles or more of Simulator Reference Solution (500mL) shall carry the necessary extra labels listing a stamped batch/lot number, expiration/use date (month/day/year), value.

These extra labels shall be designed so that they may be readily removed from the Simulator Reservoir Jar.

G. CODE:

Each batch/lot shall be assigned a unique batch/lot code, which shall appear on the label and on the manufacturer’s analysis/assay report.

Every batch/lot code number must be unique and never be reused. Every batch/lot code number shall represent a batch produced in a single vessel.

GROUP 38708 – In-Breath Alcohol Testing Equipment and accessories AWARD 23164 PAGE 13

Each batch/lot produced may be sold to other customers in addition to New York State, but must be sold to them at a similar market value.

H. NUMBERING:

All bottles of Simulator Reference Solution shall be numbered consecutively starting with 0001 for each bottle filled from a particular batch/lot number.

I. BATCH/LOT SIZE:

Each batch, mixed in a single container, shall not be less than 30 gallons nor more than 300 gallons.

The State reserves the right to request a batch run of less than thirty (30) gallons for each item.

J. MIXING:

Mixing of the solution must be accomplished using an electronic submersible pump or an alternative method deemed acceptable by a New York State Department of Health Approved Training Agency.

K. EXPIRATION DATE:

Expiration date shall not exceed six (6) months from date of manufacture, unless requested by a New York State Department of Health Approved Training Agency.

Shipments must be received by agencies within New York State so that there is a minimum of four (4) months remaining before the expiration date.

Item requested for Lot 3B (all Sub-Lots):

ITEM REFERENCE

1 0.10% Field Reference Standard (Liquid)

Lot 4 – Reference Standard (Gas)

Dry gas ethanol-nitrogen reference standards shall be pre-mixed and ready for immediate use in the concentrations specified in sections A and B below. The dry gas is intended for use for both evidential Breath Analyzers and the Screening Devices. The ethanol gas mixture shall be traceable to National Institute of Standards and Technology or equivalent ethanol standard (sample “certificate of analysis” shall be provided with bid). All cylinders will be labeled with the standard value in ppm and %BrAC (breath alcohol concentration), unique cylinder number, batch/lot number and expiration date.

The supplier shall pressure test and leak test all cylinders that will be shipped to the requesting New York State Department of Health Approved Training Agency. Contractors must provide the name(s) of the instruments(s) on the Conforming Products List (CPL) with which their gases are compatible.

The New York State Department of Health Approved Training Agencies may request other cylinder sizes and/or concentrations if needed.

The dry gas ethanol standards shall meet the following acceptability requirements:

• Concentrations ≥ 0.100% BrAC ± 2%

• Concentrations < 0.100% BrAC ± 0.002% BrAC.

The supplier shall provide with each batch/lot a certificate of analysis to minimally contain:

• Name and address of supplier

• Batch/Lot Number

• Date of manufacture

• Method of analysis

• Results obtained

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• Traceability information for any critical reference materials used in the production of the ethanol standards

• Reference to accreditation held by the manufacturer and/or testing laboratory (if applicable)

• Estimation of measurement uncertainty with a 95% confidence level (coverage factor k=2), if available

PACKAGING:

All cylinders supplied shall conform to all appropriate standards to facilitate safe storage and shipment. Each cylinder shall have an appropriate tamper proof/safety seal over the gas outlet port to protect the valve from contamination and tampering. The shipping carton shall be designed to protect each shipment from damage. Shipments shall be packaged to arrive at their final destination point(s) in satisfactory condition. The contractor shall be capable of providing shipments of a package of 1 cylinder or more.

Lot 4A – Gas Reference Standard for Calibration of Breath Testing Equipment

Cylinders used for delivering the standard to breath testing instruments shall hold approximately 105 liters of gas at approximately 1000 psig at 70 degrees F. Dry gas cylinders will be provided in the following concentrations.

Items requested for Lot 4A (all Sub-Lots):

ITEM REFERENCE

1 Dry Gas Cylinder 0.020% 2 Dry Gas Cylinder 0.080% 3 Dry Gas Cylinder 0.100% 4 Dry Gas Cylinder 0.180% 5 Dry Gas Cylinder 0.250%

Lot 4B – Gas Reference Standard for Field Use

Cylinders used for delivering the standard to breath testing instruments shall hold an appropriate amount of gas dependent upon the instrument utilized at approximately 1000 psig at 70 degrees F. A representative sampling from the batch/lot will be provided to the requesting New York State Department of Health Approved Training Agency for testing and approval prior to the release of the batch/lot for purchase. The manufacturer must provide information on the total number of cylinders filled for each batch/lot. Once approved, the particular batch/lot number will be available solely for the requesting agency (unless prior written authorization is received from the requesting agency). If the dry gas reference standard fails to meet the specifications of the batch/lot, the manufacturer shall replace the cylinder(s) at no cost to the State.

Item requested for Lot 4B (all Sub-Lots):

ITEM REFERENCE

1 Dry Gas Cylinder 0.100%

CONTRACT TERM AND EXTENSIONS:

The Contract will be in effect for a term of up to five (5) years. 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).

All OGS Centralized Contracts resulting from Solicitation 23164 shall have a co-terminus end date, including those Contracts awarded during any subsequent periodic recruitment. At the State’s option, the Contract may be extended for five (5) years, in increments as deemed to be in the best interest of the

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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.

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.

PERIODIC RECRUITMENT:

Solicitation 23164 allows for periodic recruitment of additional Contractors during the term of the Contract. Recruitment periods are optional at the discretion of the State. Additional recruitment periods will be advertised in the NYS Contract Reporter. Bidder must register with the New York State Contract Reporter at https://www.nyscr.ny.gov in order to receive notifications regarding any periodic recruitments under this Contract. Bids shall be evaluated under substantially the same terms and conditions as the original Bids. Bidders shall also be required to submit necessary documentation for any additional applicable statutory requirements in effect at the time of the new Solicitation.

If a Bid is deemed non-responsive during the initial Solicitation or any recruitment period, a Bidder cannot reapply for a future Contract until the next recruitment period.

PRICE:

Pricing was collected using Attachment 1 – Pricing in accordance with the Instructions tab listed within Attachment 1.

Contractor’s pricing information is included in the posted Pricelist linked to the Contractor Information page.

CPI PRICE UPDATE:

On each annual anniversary date of the Bid Opening, the Contractor may request a rate change (increase or decrease) based upon fluctuations in the latest published copy of the Consumer Price Index for all urban consumers as published by the U S. Department of Labor, Bureau of Labor Statistics, Washington, D.C. 20212.

The index is also available through the Internet at the Bureau of Labor Statistics web site at https://stats.bls.gov/. Go to “Subjects” > “Inflation and Prices Overview” > “Consumer Price Index” > https://www.nyscr.ny.gov/

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“CPI Tables” and then refer to “Table Containing History of CPI-U U.S. All Items Indexes and Annual Percent Changes From 1913 to Present is now available in the CPI Detailed Report as Table 24”.

The Contractor is solely responsible for notifying OGS Procurement Services that the Contractor wishes to receive the CPI rate change and to submit a request for the adjusted rate on the applicable Bid Opening anniversary date; and Contractor shall provide a copy of the index and other supporting documentation necessary to support the increase or decrease to OGS Procurement Services and the Authorized User(s), as appropriate. Should the Contractor fail to make a request and submit supporting documentation to OGS Procurement Services within ninety (90) days after the applicable anniversary date, the Contractor shall be deemed to have waived its right to any increase in price for that year, but the State shall not be barred from making the appropriate adjustment in the case of a decrease determined in accordance with the above methodology.

Price adjustments using the CPI involve changing the base payment by the percent change in the level of the CPI for the current year compared to the previous year. This is calculated by first determining the index point change between the two readings and then the percent change. The price adjustment shall be calculated as follows: Take the CPI value for January 2019 and subtract the CPI value for January 2018. The difference is then divided by the previous period CPI value and this result is then multiplied by 100 to equal the percent change which is the price adjustment value. This percentage change (increase or decrease) shall be applied to the next Contract year, upon release of a Contract Addendum from OGS Procurement Services.

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.

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

GROUP 38708 – In-Breath Alcohol Testing Equipment and accessories AWARD 23164 PAGE 17 price, date of order, delivery information (if applicable), Authorized User name, and sales representative (if applicable).

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.

MINIMUM ORDER:

There is no minimum order for this Contract.

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

• 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

• Dates of Service (if applicable)

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/content/vendor-information.

PRODUCT DELIVERY:

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

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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. Contractor can charge only a restocking fee for Product returned or exchanged due to Authorized User error that is determined not to be suitable for resale; the restocking fee cannot exceed the net price of the returned or exchanged Product.

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.

CONTRACT ADMINISTRATION

The Contractor shall provide a sufficient number of Customer Service employees who are knowledgeable and responsive to Authorized User needs and who can effectively service the Contract.

Contractor shall also provide an Emergency Contact in the event of an emergency occurring after business hours or on weekend/holidays.

Contractor shall provide a dedicated Contract Administrator to support the updating and management of the Contract on a timely basis. Information regarding the Customer Service, Emergency Contact, and Contract Administrator shall be set forth on the Contractor Information Page, as revised from time to time by OGS and posted on the OGS landing page of the OGS website.