13-RFP 202519 Pan-Endo Dedo and Laryngosscopy Scopes and Instrumentation-Final.pdf

ERIE COUNTY MEDICAL CENTER CORPORATION

REQUEST FOR PROPOSALS

PAN-ENDO DEDO AND LARYNGOSCOPY

SCOPES AND INSTRUMENTATION

ISSUE DATE: August 15, 2025

RFP #202519

The deadline for submission of proposals is Wednesday, September 17, 2025 at 11:00 a.m. EST.

Submissions will only be accepted electronically through ECMCC’s Procurement Portal at https://ecmc.bonfirehub.com/.

In accordance with State Finance Law Sections 139-j and 139-k, the designated contact for this RFP is listed below. All questions regarding this RFP must be submitted in writing through ECMCC’s

Procurement Portal at https://ecmc.bonfirehub.com/ within the timeframes set forth in the RFP

Schedule located at Section 3 of this RFP.

LATE, EMAILED OR INCOMPLETE PROPOSALS MAY BE REJECTED

Designated contact: Chelsea Kiebzak RFP/IFB Coordinator

PRE-PROPOSAL CONFERENCE CALL:

Wednesday, August 20, 2025 AT 9:00 A.M. EST

VIA MICROSOFT TEAMS Phone Conference +1 631-492-9049

Phone Conference ID: 189 134 120# https://ecmc.bonfirehub.com/

1. BACKGROUND

Erie County Medical Center Corporation (“ECMCC”), located in Buffalo, New York, is a public benefit corporation created by state law on July 22, 2003, having previously operated as a department of the County of Erie, New York.

ECMCC has an advanced academic medical center consisting of 573 inpatient beds, as well as a

Center for Oncology Care, a Regional Center of Excellence for Transplantation and Kidney Care, a Regional Center of Excellence for Behavioral Health, numerous on- and off-campus primary care and family health centers, more than thirty outpatient specialty care services, and the Terrace View

Long-Term Care Facility, consisting of 390 beds.

In addition, ECMCC is a verified Level 1 Adult Trauma Center by the American College of

Surgeons, designated a Level 1 Adult Trauma Center by the NYS Department of Health, and is a regional center for burn care, behavioral health services, transplantation, medical oncology and head & neck cancer care, and rehabilitation. Finally, ECMCC is also affiliated with the Great Lakes

Health System of Western New York and is a major teaching facility for the University at Buffalo.

2. RESERVATION OF RIGHTS. ECMCC reserves the rights to:

2.1 Reject any and all proposals submitted in response to this Request for Proposals (“RFP”);

2.2 Disqualify any respondent whose conduct or proposal fails to conform to the requirements of this RFP;

2.3 Withdraw or terminate this RFP at any time at its sole discretion;

2.4 Prior to submission of proposals to amend the RFP specifications to correct errors or oversights, or to supply additional information as it becomes available;

2.5 Change any of the scheduled dates;

2.6 Waive any requirements that are not material;

2.7 Waive any non-conformity with the requirements of this RFP;

2.8 Terminate this RFP process at any time;

2.9 Seek clarification from a respondent at any time throughout the RFP process for the purpose of resolving ambiguities or questioning information presented in proposals;

2.10 Award the contract in whole or in part and/or apportion the award among one or more respondents;

2.11 Negotiate final terms with the successful respondent(s);

2.12 Conduct contract negotiations with the next responsible bidder, should ECMCC be unsuccessful in negotiating with the selected bidder;

2.13 Prepare a list of finalists based on initial proposal evaluations, request that finalists present in-person or telecommunicated presentations to ECMCC, and allocate additional points based on these presentations;

2.14 Extend the term of any resulting contract for the items or services described herein for additional lengths of time at its discretion;

2.15 Add additional similar products or services to any resulting agreement as they become available and meet ECMCC’s needs and

2.16 In the event that the selected vendor is unable to fulfill ECMCC’s request for the products/services, ECMCC reserves the right to choose another vendor through any compliant procurement means available to ECMCC.

3. RFP SCHEDULE:

RFP Issued: Friday, August 15, 2025

Pre-Proposal Conference Call: Wednesday, August 20, 2025

Deadline for Questions to be submitted via Bonfire: Thursday, August 28, 2025

Responses issued via Bonfire: Tuesday, September 9, 2025

Proposals Due: Wednesday, September 17, 2025

Contract Award: TBD

PRE-PROPOSAL CONFERENCE CALL:

A pre-proposal conference call is scheduled for Wednesday, August 20, 2025 at 9:00 A.M. EST.

This conference call can be accessed by (audio only) dialing +1 631-492-9049, Conference ID: 189

134 120# or Clicking this Link. The purpose of this call is to provide an overview of the RFP the

Workforce Utilization requirements and permit respondents an opportunity to ask general RFP policy and procedures questions. Any content-specific questions however must be submitted in writing by Thursday, August 28, 2025 via ECMCC’s Procurement Portal at https://ecmc.bonfirehub.com/.

4. SCOPE OF SERVICES/SPECIFICATIONS:

Erie County Medical Center Corporation (“ECMCC”), seeks to identify a Supplier wishing to engage in a business partnership with ECMCC in supplying FDA approved high-quality Pan-Endo

Dedo and Laryngoscopy scopes and instrumentation at a cost-effective pricing. Supplier is to provide a 1 year warranty on scopes and instruments purchases. After the 1 year warranty Supplier is to provide service/maintenance for the remaining contract years.

The agreement resulting from this RFP shall be five years in duration. ECMCC maintains termination without cause rights in accordance with the terms set forth in Appendix A.

5. DELIVERABLES:

ECMCC has the following expectations from the successful Supplier:

5.1 Qualifications:

Supplier shall obtain all licenses, right to use and approvals required in connection with the supply of the products and related services.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MGU5OTBkNDEtMjk4Zi00OGUxLWIzYzctNWM3MWU4YzQxZjFi%40thread.v2/0?context=%7b%22Tid%22%3a%22403a3642-5d0c-4355-a51e-a827c652be4c%22%2c%22Oid%22%3a%22fb013f97-e182-47b7-83e0-51b015acfd07%22%7d

The costs of obtaining such licenses, right to use and approvals shall be the responsibility of, and shall be paid for by, the Supplier.

Where a Supplier is required by applicable laws to hold or obtain any such license, right to use and approval to carry on an activity contemplated in its proposal or in the resulting agreement, neither acceptance of the proposal nor execution of the agreement by

ECMCC shall be considered an approval by ECMCC for the

Supplier to carry on such activity without the requisite license, right to use or approval.

Supply and delivery of products and services to organizations of similar size to

ECMCC.

Knowledgeable resources in support of ECMCC’s varying needs and requirements.

Capacity to work in a cooperative manner with ECMCC, while remaining flexible, proactive and innovative in providing quality support to ECMCC.

Ability to facilitate original manufacturer warranty for proposed products.

Proof of being the manufacturer or authorized redistributor of proposed products.

5.2 Ordering Process:

ECMCC may use a variety of ordering methods, including phone, fax, online, email, and electronic transactions.

The Supplier shall respond to ECMCC immediately or within one (1) business day of receiving ECMCC’s order request, via the same method in which the order was received (i.e. email, telephone). The Supplier will include in this acknowledgement any product ordered that cannot be fulfilled with an estimated delivery date (e.g.

back-orders).

ECMCC may agree on substitute products recommended and return the substitute products in the event it does not fulfill ECMCC’s needs. The Supplier shall bear all costs for return.

ECMCC may cancel some or all of the order, if it cannot be fulfilled exactly as ordered.

There is no minimum order based on volume or value.

5.3 Product Delivery/Lead Time:

The Supplier should deliver orders with correct products and quantities.

Products will be packaged appropriately to ensure safe delivery. All deliveries must include a packing slip specifying ECMCC’s required information (e.g. name of the employee who placed the order, purchase order number, products and quantities ordered, products and quantities shipped, back ordered products and quantities, if any).

The Supplier shall deliver products ordered by next business day or within forty-eight (48) hours, understanding that there may be extenuating circumstances (e.g.

a longer delivery lead-time when purchasing special products is acceptable).

The Supplier and ECMCC may mutually agree upon other lead times which are beneficial to both parties. These terms may include blanket purchase orders with scheduled release dates, bulk or large orders or special delivery requirements (e.g.

specific hours).

The Supplier is also expected to provide expedited delivery upon request, where available.

5.4 Customer Service:

Professional and timely customer service support of ECMCC orders, returns, warranty claims and any other supply and delivery related issues.

A responsive account executive (or a team of personnel lead by an account executive) assigned to the Client to support their needs by providing day-to-day and ongoing administrative and operational support.

The Supplier’s team must be responsive to the needs of ECMCC (i.e. same

Business Day response), provide requested information and documentation in a timely manner and issue resolution.

Easy access to the Supplier (i.e. by toll free telephone number, email, voicemail, and fax).

Establishing an ongoing communications program with ECMCC (e.g. new

Products, promotions).

Attending quarterly business reviews with ECMCC or other meetings, as requested.

Providing reports to ECMCC, as required.

5.5 Product Warranty:

All products should be warranted from the date of receipt by the Supplier against, but not limited to faulty material and manufacturing defects.

o Where a Manufacturer’s warranty applies to the products, the Supplier shall be responsible for arranging product exchange and repairs. All shipping costs related to approved warranty exchanges and repairs shall be at no cost to ECMCC.

Products will not be accepted upon delivery if the products or packing of the products are:

o Defective (broken and/or damaged).

o No prior approval from ECMCC.

5.6 Recall Products:

The Supplier shall have a recall product process in place in order to advise ECMCC on any defective products recalled by the manufacturer or industry regulatory body.

Regardless of the nature of the recall (e.g. voluntary) the Supplier shall be responsible for all shipping costs related to the return of the recalled products. The

Supplier shall also be responsible for the replacement or repair of the recalled products, if applicable.

5.7 Discontinued Products:

The Supplier should not arbitrarily discontinue products. When discontinuing products, the Supplier should provide the manufacturer’s supporting letter to

ECMCC prior to discontinuation.

5.8 Training:

Provide initial in-house training on the use of their product. In addition, they will provide a form of on-line training that is available throughout the course of the contract.

5.9 Service:

Supplier is to provide a 1 year warranty on scopes and instruments purchases. After the 1 year warranty Supplier to provide service/maintenance for the remaining contract years.

6. PROPOSAL REQUIREMENTS:

Proposals have a 20-page limit and must include the following:

6.1 Company Background

Provide the following company details:

o Legal name;

o Physical address;

o City, state, and ZIP code;

o Telephone and fax numbers and o Company website:

Include a brief history of your organization, highlighting relevant experience and capabilities.

Submit at least two professional references. These references may be contacted to verify or clarify information provided in the proposal.

6.2 Pricing:

Provide pricing for, FDA approved Pan-Endo Dedo and Laryngoscopy scopes and instrumentation.

o Unit of measure must be included in the price file (EA, BX, PK etc.).

o Service/maintenance for the remaining 4 years after the 1 year warranty has past.

Exhibit G price file must be completed and submitted in the EXCEL format.

o Please note there are two tabs on the exhibit one tab for Pan-Endo Trays and another for ENT DL Trays.

Additional costs: Supplier shall provide a description and listing of any and all additional costs/reimbursable that may be billed by the Supplier in association with providing the requested products/services. These costs shall include, for example, any and all maintenance and training costs that may apply.

6.3 Product catalog: Catalog should include the following, but not limited to:

Description;

Model number and

Unit of measure.

6.4 Overview of:

Customer service;

Training and

Ordering process and delivery lead time.

o Please include information on expedited shipping.

7. REQUIRED DOCUMENTS:

The following forms must be submitted with each proposal:

7.1 Equal Employment Opportunity Policy Statement (Exhibit A-1)

7.2 MWBE Utilization Plan (Exhibit A-2) when applicable (see Section 9 below)

7.3 SDVOB Utilization Plan (Exhibit A-3) when applicable (see Section 9 below)

7.4 Respondent Data Form (Exhibit B)

7.5 Non-Collusive Bidding Certification (Exhibit C)

7.6 Disclosure, Affirmation and Certification in accordance with State Finance Law §§ 139-j and 139-k (Exhibit D)

7.7 Quantitative Factor Credit Questionnaire (Exhibit E) (see Section 9.4 below)

7.8 Sexual Harassment Policy Statement (Exhibit F)

7.9 Price File (Exhibit G)

7.10 Signed ECMCC Standard Clauses (Appendix A)

7.11 Supplier Proposal (Should include all information under Section 6 Proposal Requirements)

8. EVALUATION CRITERIA:

Pricing 35 Points

Product catalog coverage 25 Points

Customer service 10 Points

Training 10 Points

Order process and lead time 10 Points

Experience similar in size to ECMCC 5 Points

Quantitative factor questionnaire 5 Points

TOTAL 100 points

ECMCC may prepare a list of finalists based on initial proposal evaluations and request that the finalists present a demo of the product to ECMCC. Additional points may be allocated to the presentations. Final award will be based on the total combined score of the finalist’s initial proposal evaluation and their onsite presentation.

9. MWBE, SDVOB AND DIVERSITY PRACTICES REQUIREMENTS:

9.1 Equal Opportunity, Service-Disabled Veteran-Owned Business, and Minority/Women-

Owned Business Enterprise Utilization. ECMCC is committed to promote equality of economic opportunity for minority group members and women, service-disabled veterans, and the facilitation of minority and women-owned business enterprise

(“MWBE”) and service-disabled veteran-owned business (“SDVOB”) participation. In accordance with Articles 15-A and Veterans’ Service Law Article 3 of the New York State Executive Law and the regulations set forth at 5 NYCRR

Parts 140-144 and 9 NYCRR Part 252, by submitting a proposal, the respondent agrees to be bound by the provisions and follow the instructions set forth in Exhibit A to this

RFP.

9.2 Utilization Plans. If Section 9.3 reflects that MWBE and/or SDVOB participation requirements apply to this RFP, Respondents are required to submit an MWBE and/or

SDVOB Utilization Plan (see Exhibit A-2 and Exhibit A-3) with their proposal in accordance with, 5 NYCRR 142.6(a) and 9 NYCRR 252.2(i).

9.3 Goals and Excluded Contracts. The MWBE and SDVOB goals for this RFP are as follows: 0 MBE, 0 WBE, and 0 SDVOB. In the event that there are no utilization requirements applicable to this RFP, the RFP is for an expenditure that is excluded from ECMCC’s MWBE or SDVOB program and respondents are not required to submit an MWBE and/or SDVOB Utilization Plan. However, under all circumstances, respondents are encouraged to solicit MWBE and SDVOB utilization and to submit

MWBE and SDVOB Goal Plans, and ECMCC may consider respondent’s proposed

MWBE and SDVOB utilization in determining which proposal represents the best value to ECMCC.

9.4 Quantitative Factor Credit Questionnaire. When developing a Request for Proposals (RFP) awarding a procurement contract on the basis of Best Value, State Finance Law § 163(1)(j) allows a Contracting Officer to designate up to 5% of the total technical evaluation scale to be awarded to a Respondent who meets one of the following criteria (NOTE: Although a Respondent may meet more than one of the criteria, credit is to be awarded for only one category, not multiple categories). (1) New York State Certified Minority and Women-owned Business Enterprise (MWBE) as defined in Executive Law § 310; or (2) a New

York State Certified Service-Disabled Veteran-Owned Business (SDVOB) as defined in

Veterans' Services Law Article 3. The above-referenced 5% designation included in the

RFP technical evaluation is called a “Quantitative Factor.”

10. GENERAL INSTRUCTIONS TO RESPONDENTS:

10.1 By submitting a response, respondents agree to both the terms of this RFP as well as

ECMCC’s standard terms and conditions attached to this RFP as Appendix A.

ECMCC reserves the right to reject any proposal in which the respondent objects to or attempts to modify the language of either this RFP or Appendix A.

10.2 Insurance in the amounts designated in the attached Appendix B shall be procured by the successful respondent before commencing work and no later than fourteen (14) days after notice of award, which insurance shall be maintained without interruption for the duration of the Contract in the kinds and amounts specified by ECMCC. If the insurance is not provided in acceptable form within this period of time, then the Director of Purchasing may declare the vendor non-responsible and award the contract to the next lowest responsible vendor. Certificates of insurance shall be furnished by the successful respondent in conformity with the ECMCC standard insurance certificate.

10.3 All services must be provided in accordance with all applicable local, state and federal regulations and laws, community standards of practice and ECMCC’s policies and procedures. Each representative that is on-site is required to register with Symplr, ECMCC’s vendor credentialing company, and must comply with their requirements. The vendor is responsible for all costs associated with Symplr’s services.

10.4 Only current approved surgical products (i.e. implants, instruments and devices) from the

RFP submission are cleared for surgical use, not an entire price file. Surgical products that have never been used at ECMCC will need a formal request by the surgeon. A cost benefit inquiry will be presented to the value analysis team that convenes every month and the members will review for approval.

10.5 Any change in wording or interlineations by a respondent of the RFP as published by

ECMCC shall be reason to reject the proposal of such respondent, or in the event that such change in the RFP is not discovered prior to entering into a contract, to void any contract entered into pursuant to such RFP.

10.6 For the purpose of determining which proposal represents best value, it shall be the obligation of all respondents to present information and documentation to ECMCC to establish that the successful respondent possesses sufficient capital resources, skill, judgment and experience to perform the work or deliver the material, as per the RFP scope of services and specifications. ECMCC is not obligated to accept the lowest proposal, but will perform its evaluation based on the total criteria defined within the RFP.

10.7 Failure to perform or meet delivery schedules as per the accepted proposal or resulting contract may result in legal action by ECMCC to recover damages.

10.8 The successful respondent shall comply with all laws, rules, regulations and ordinances of the Federal Government, the State of New York and any other political subdivision or regulatory body which may apply to its performance under this contract.

10.9 Any cash discount which is part of a proposal will be considered as a reduction in price in determining the award of the proposal.

10.10 ECMCC may, as the need arises, order changes in the work through additions, deletions or modifications without invalidating the contract. Additional work for which an existing compensation structure does not exist may also be requested by ECMCC on an as-needed basis. Accordingly, compensation for any such services shall be adjusted by negotiation and agreement between the contractor and ECMCC.

10.11 Any additional information which the respondent desires to add to the response shall be attached to and submitted with the formal response on a separate sheet of paper.

10.12 The proposal is firm and irrevocable for a period of 60 days from the date and time of the proposal opening. If a contract is not awarded within the 60 day period, a respondent to whom the contract has not been awarded may withdraw his proposal by serving written notice of his intention to do so upon the ECMCC Purchasing Department.

10.13 Prices charged to ECMCC are to be no higher than those offered to any other governmental or commercial consumer. If respondent’s organization has a New York State or a Federal

GSA contract for any of the items covered in this RFP or any similar items, respondent shall so indicate in its proposal and supply a copy of such contract within five (5) days of a request by ECMCC.

10.14 The unit prices shall remain firm, and any other pricing, quote or charges in the proposal for delivery of the equipment, material, work or services described in this RFP, shall also remain firm. Pricing must include all expenses and be final. No cost increase not covered in the proposal shall be charged for any reason whatsoever unless agreed upon by ECMCC, and pricing offered must remain in effect for the length of any resulting agreement.

10.15 In executing their proposal, the respondent affirms that all of the requirements of the specifications are understood and accepted by the respondent, and that the prices quoted include all required materials and services. The respondent affirms they have checked all of the proposal figures and understands that ECMCC will not be responsible for any errors or omissions on the part of the respondent in preparing the proposal. Mistakes or errors in the estimates, calculations or preparation of the proposal shall not be grounds for the withdrawal or correction of the proposal or any proposal security.

10.16 Restrictions on contact during the RFP process. Pursuant to State Finance Law Sections

139-j and 139-k, this RFP includes and imposes certain restrictions on communication between respondents and ECMCC during the procurement process. A respondent is restricted from making contacts from the date the RFP is issued through the final contract award by ECMCC (the "Restricted Period"). During the Restricted Period, respondents may only contact the designated contact regarding this RFP. The designated contact is identified on the cover page of this RFP. Respondents are responsible for complying with

State Finance Law Sections 139-j and 139-k. Directors, officer and employees of ECMCC are required to record certain information when contacted during the Restricted Period. A review of whether such contacts were permissible contacts will be considered in connection with any determination of responsibility of the respondent. Failure of any respondent to timely certify or to disclose accurate and complete information or the submission of any intentionally false or intentionally incomplete certification may result in the rejection of the contract award or if such contract has been executed, then the immediate termination of the contract. Violations may result in debarment of the respondent from proposing on or obtaining governmental procurement contracts in the State of New York.

10.17 Freedom of Information Law. During the evaluation process, the content of each RFP will be held in confidence and details of any RFP will not be revealed (except as may be required under the Freedom of Information Law or other State law). The Freedom of

Information Law provides for an exemption from disclosure for trade secrets or information the disclosure of which would cause injury to the competitive position of commercial enterprises. This exception would be effective both during and after the evaluation process. If the proposal contains any such trade secrets or other confidential or proprietary information, the respondent must submit a request to exempt such information from disclosure. Such request must be in writing, must state the reasons why the information should be exempt from disclosure and must be provided at the time of submission of the subject information. Requests for exemption of the entire contents of a proposal from disclosure have generally not been found to be meritorious and are discouraged. Respondents must limit any requests for exemption of information from disclosure to bona fide trade secrets or specific information, the disclosure of which would cause a substantial injury to the respondent’s competitive position. ECMCC assumes no responsibility for disclosure of unmarked data for any purpose. ECMCC will review such designations in making its determination whether disclosure is required, which determination shall be binding on the respondent.