2. IFB 24SCI0168 Specialty Gases and Liquids - Invitation for Bid.docx

University at Buffalo IFB #24SCI0168 – Specialty Gases and Liquids - Commodity Invitation for Bid University at Buffalo IFB #24SCI0168

Specialty Gases and Liquids

Notice is hereby given that sealed bids will be received for Specialty Gases and Liquids.

CLOSE DATE and TIME: Wednesday, April 16, 2025 @ 2:30 PM EST

LOCATION: Bids, subject to the terms, conditions and specifications herein, must be submitted in the University at Buffalo’s ShopBlue (Jaggaer) eProcurement System per the “Instructions to Bidders” attachment. Bids must be submitted prior to the close date and time specified above. Mailed, emailed or faxed bids will not be accepted.

Questions resulting from this bid must be submitted via the Question & Answer Board in the University at Buffalo’s ShopBlue eProcurement System in the sourcing event’s left hand navigation bar no later than 2:30 PM EST on Friday, April 4, 2025.

DESIGNATED CAMPUS CONTACTS: These are the only persons that bidders may speak to until the award of this bid.

· Interchangeable Terms: Vendor/Contractor/Bidder, Bid/Quote/Proposal

TIMELINE OF EVENTS

SECTION I: STANDARD TERMS AND CONDITIONS

1. PURPOSE AND BACKGROUND

The State University of New York at Buffalo, hereafter known as “the University”, is issuing an Invitation for Bid (IFB) to purchase Specialty Gases and Liquids. The University is the largest and most comprehensive research-intensive university within the 64-campus State University of New York (“SUNY”). Recently designated as a SUNY flagship and is SUNY’s primary center for research, professional education and training. The University is located in the Buffalo-Niagara region of the state, which is New York’s largest upstate metropolitan area. The University has approximately 30,000 students and 10,000 faculty and staff. It comprises three campus locations including: North, South and the Downtown campus.

The University is seeking experienced and qualified vendors to provide compressed gases and specialty items, liquids, dry ice, handling and delivery of supplies to the University on an “as needed” basis.

2. TERM OF AGREEMENT / CONTRACT TERM

The successful Bidder/Contractor will be required to enter into a formal written agreement with the University for a five (5) year period.

3. PRICING / DELIVERY

Pricing shall be in accordance with Attachment B, Pricing Page. No other charges, other than those listed on Attachment B, Pricing Page, shall be allowable under the agreement.

4. COST ADJUSTMENT

4.0.1 Prices quoted shall remain firm for the initial period of one (1) year from the commencement date of the Contract.

4.0.2 Adjustments (increase/decrease) of annual costs for years 2,3,4 and 5 for Attachment B Pricing Page, Lot 1, Attachment B Pricing Page, Lot 2 and Attachment B Pricing Page, Lot 3, shall not exceed inflation guidelines as established by the nationally accepted consumer price index (CPI) for each year. The specific inflation level will be based on the average CPI percentage for the twelve (12) month period ending ninety (90) days prior to the Contract renewal date. The approval document for this Contract will be: US Department of Labor Consumer Price Index, Northeast Urban, All items. Annual cost adjustments may not exceed 5%.

4.0.3 Price adjustments requested from above CPI level for Attachment B Pricing Page, Lot 1, Attachment B Pricing Page, Lot 2 and Attachment B Pricing Page, Lot 3 must be accompanied by support documentation for the increase/decrease and said increase/decrease must be acceptable to the University. Newly negotiated labor agreements, manufacturer’s increases and nationally accepted fuel cost adjustments are examples of increases, which could exceed CPI averages.

5. METHOD OF AWARD

There will be three (3) awards – one (1) for Lot 1, one (1) for Lot 2, and one (1) for Lot 3. Awards will be made on the basis of grand total to the Bidder having the lowest price that meets specifications and is responsive and responsible. The University reserves the right to make awards within one hundred twenty (120) days after the bid close date and time and subject to the approvals of the Attorney General and State Comptroller offices, during which period bids shall not be withdrawn unless the bidder specifically states in the bid that the acceptance thereof must be made within a shorter specified time.

6. QUALIFICATION OF BIDDER / CONTRACTOR

The bid will be awarded only to a responsible Bidder/Contractor, qualified by experience and in a financial position to provide the items and services specified. In order to facilitate prompt award of the bid, the Bidder/Contractor shall attest to the following:

6.0.1 Evidence that the bidder has been engaged for at least the past five (5) years providing compressed gases and specialty items, liquids, dry ice, handling of supplies in a similar capacity as requested in this bid. Please provide documentation of experience, per Section III of the bid.

6.0.2 Identify Customer Service personnel, Account Executive(s) (bidder’s proposed contract manager and or sales representatives for this bid) and dedicated driver who will be assigned to the contract resulting from this bid. For each key person assigned, list their normal work location, role on this project, work experience, skills and qualifications. Please provide documentation of personnel, per Section III of the bid.

6.0.3 The Bidder shall provide three (3) references of work performed of a similar scope and nature, within the past (3) years. References must include company names, address, telephone number, contact person and a description of the work performed. The University cannot be used as a reference. Please provide documentation of references, per Section III of the bid.

6.0.4 More than one (1) bid from an individual, firm, partnership, corporation or association under the same or different names will not be considered. Reasonable grounds for believing that a Bidder/Contractor is interested in more than one proposal for the same work will cause the rejection of all proposals in which such bidders are believed to be interested.

6.0.5 Any or all proposals will be rejected if there is reason to believe that collusion exists between bidders. Proposals in which the prices and quantities are obviously unbalanced will be rejected.

7. FINANCIAL QUALIFICATIONS

The University reserves the right to request financial data that would adequately reflect financial stability to support the execution of a contract. Such information could include a credit report, the most recent two audited annual reports and/or annual financial statements. The University reserves the right to reject any Bidder/Contractor who does not demonstrate stability sufficient for the scope of this transaction.

8. INSURANCE/LIABILITY

8.0.1 Bidder will at all times, at their own expense, carry public liability insurance and property damage insurance in the amounts of $2,000,000/$4,000,000 and vehicle liability in the amount of $1,000,000 naming the State University of New York at Buffalo, and the State of New York as additional insured.

8.0.2 Copies of certificates via email shall be presented to the Purchasing and Contract Services office, Attention: June Sokolowski, 224 Crofts Hall, Buffalo, NY 14260 upon award of contract or before work commences.

8.0.3 Bidder shall hold harmless the State of New York and the State University of New York from all damage and claims for damage, demands, suits, costs, recoveries and judgments which may be recovered against the State University of New York at Buffalo and the State of New York or their officers, agents or employees caused by supplier acts or omissions in performing a contract arising or growing out of the performance of this contract.

8.0.4 New York State Workers Compensation Law, Sections 57 and 220, requires State Agencies to ensure, PRIOR to entering into any Contract (including POs), that the intended Bidder has appropriate NYS workers compensation and disability insurance coverage. Please note, "ACORD" certificate of insurance forms are not acceptable documentation for proof of coverage. A Bidder’s insurance carrier must provide the Bidder with copies of the correct, completed New York State forms to present to the State Agency purchasing agent AND must submit these forms (annually) to the Workers Comp Board so they can be properly recorded. State agencies are prohibited from issuing Purchase Orders/Contracts until the proper forms have been received and verified. Submit Forms to: June Sokolowski, Purchasing and Contract Services, 224 Crofts Hall, Buffalo, NY 14260 upon award of contract or before work commences.

Per the requirements of the law, ONE of the following NYS forms is required as proof of Workers Compensation coverage:

C-105.2 (if using a private insurance carrier) OR U-26.3 (if insured through the NYS Insurance Fund) OR SI-12 or GSI-105.2 (if self-insured).

In addition, ONE of the following forms is required as proof of Disability coverage: DB-120.1 (if using a private insurance carrier) OR DB-155 (if you are self-insured).

In the rare situation in which a Bidder is exempt from either (or both) of these requirements under the law, Form CE-200 (Certificate of Attestation) MUST be completed by the Bidder on-line at the Workers Compensation web-site at: https://www.businessexpress.ny.gov/app/answers/cms/a_id/2263/kw/CE and submitted to the purchasing agent for verification. A new CE-200 will be required for EVERY purchase order/Contract (transactional requirement).

9. QUALITY ASSURANCE

9.0.1 All equipment provided shall be of commercial grade quality in accordance with the standards of the industry, in the best practices of the trade, and to the complete satisfaction of the University.

9.0.2 The bidder shall guarantee supplied materials for two (2) years from the date of acceptance by the University. All repairs necessary in that time period as a result of faulty workmanship or defective materials shall be made at no cost to the University.

9.0.3 All work sites shall be returned to original condition.

10. GUARANTEE / APPLICABLE STANDARDS

The Bidder/Contractor guarantees that all services/items are new and guaranteed against faulty workmanship. They must meet all standards set by the manufacturer for compatibility. All materials supplied shall be industrial and/or commercial grade, whichever is compatible and in accordance with best standards of the industry.

11. SILENCE OF SPECIFICATIONS

The apparent silence of this specification and any supplemental specifications as to any details or the omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial/professional practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship is to be first quality. All interpretations of the specification shall be made upon the basis of this statement.

12. ADDENDA

It is the responsibility of the bidder to inquire about any requirement of this IFB that is not understood. Responses to inquiries if they change or clarify the IFB in a substantial manner will be forwarded by addendum from purchasing to all bidders who have received a copy of the IFB. The University will not be bound by oral responses to inquiries or written responses other than addenda.

13. ORDER OF PRECEDENCE

The following items will be incorporated into, and made part of, the formal agreement: (1) SUNY’s IFB; (2) the Successful Offeror’s proposal; (3) Exhibit A, Standard Contract Clauses; and (4) Exhibit A-1, Affirmative Action Clauses.

In the event of any inconsistency in or conflict among the document elements of the agreement described above, such inconsistency or conflict shall be resolved by giving precedence to the document elements in the following order: (1) Exhibits A and A-1; (2) the Agreement; (3) this IFB; and (4) the Successful Offeror’s proposal.

14. CONFIDENTIALITY

14.0.1 The information contained in any bid submitted for the University’s consideration will be held in confidence until all evaluations are concluded and a contract is awarded.

14.0.2 The University will respect any requests for confidentiality for information of a proprietary nature. Clearly mark any information considered proprietary.

15. FORCE MAJEURE

Neither party will be liable for losses, defaults or damages which result from delays in performing, or inability to perform, all or any of the obligations or responsibilities imposed upon it in any contract resulting from this Invitation for Bid because of acts of God, the public enemy, acts of government, earthquakes, floods, typhoon, civil strife, fire or other causes beyond the reasonable control of the party so delayed in or so unable to perform provided that such party was not negligent and shall have used reasonable efforts to avoid and overcome such cause. Such party will resume full performance of such obligations and responsibilities promptly upon removal of any such cause.

16. RISK OF LOSS

The successful Bidder/Contractor shall bear the risk of and shall be responsible for providing its own security for storage of materials in the University supplied areas during all phases of installation and construction until final acceptance of the system by the University. Fire, theft and all other insurance coverage shall be the responsibility of the Bidder/Contractor.

17. INDEPENDENT CONTRACTOR

Contractor and its employees engaged in the performance of the work shall at all times be deemed to be performing as an independent contractor and not as agents or employees of the University or the State of New York. The Contractor shall indemnify and hold harmless the University and its employees from any claim, demand, suit or cause or action which may be made or held against them by reason of negligence or malpractice on the part of Contractor, its agents or employees.

No portion of the resulting contract may be sub-contracted without prior written approval of both parties (the contractor and the University Purchasing Contact).

18. GOVERNING LAW

The laws of the State of New York shall govern this Invitation for Bid and any resulting contract. All applicable Federal and State laws, Municipal ordinances, and rules and regulations of all authorities having jurisdiction over this project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full.

19. NOTICES

Unless otherwise provided herein, any notice, request, demand, or statement provided for in the resulting contract shall be in writing and deemed given when deposited in the United States postage prepaid directed to the post office address of the parties.

20. DEBRIEFING

Bidders that responded to this bid will be given written notices as to whether their Bids were successful or unsuccessful. Upon being notified of their unsuccessful Bids, Bidders may request a debriefing in writing within fifteen (15) calendar days of such notice. The fifteen (15) day period starts, once unsuccessful Bidders are notified. Once a request is made by the Bidders:

(i) The University will schedule the debriefing within a reasonable time of such request.

(ii) The debriefing will be conducted in person with the Bidder, unless the University and the Bidder mutually agree to use another method such as by telephone, video conference or another type of electronic communication.

(iii) Bidders’ written request must state whether the Bidder will be attending with counsel, to allow the University to arrange for the University counsel attendance if so determined.

Proposal Protest Procedures: Bidders wishing to file a bid protest may do so in accordance with the University’s procedures, available at: http://www.suny.edu/sunypp/documents.cfm?doc_id=699

21. PAYMENT

Payment is made Net 30 days upon completion and acceptance of finished work and from receipt and approval of a proper invoice, in accordance with New York State Prompt Payment Legislation.

22. TERMINATION

22.0.1 SUNY shall have the right to terminate this contract early for: (i) unavailability of funds; (ii) cause; (iii) convenience; (iv) in the event the State Finance Law sections 139-j and 139-k certifications are found to be intentionally false or intentionally incomplete or (v) or if applicable, the Department of Taxation and Finance Contractor Certification form, ST-220- CA, statements are found to be intentionally false or intentionally incomplete.

22.0.2 In the event of a contract termination, or if the contract naturally comes to term and the current vendor will no longer be servicing the University, the vendor will work with the University to “ramp down” and phase out the contract. This will be a mutual endeavor.

23. GENERAL CONDITIONS

23.0.1 The University reserves the right to request clarifications from Bidders for purposes of assuring a full understanding of responsiveness and further reserves the right to permit revisions from all Bidders determined to be susceptible to being selected for contract award, prior to award.

23.0.2 The University reserves the right to reject separable portions of any offer, to negotiate terms and conditions consistent with the solicitation, and to make an award for any or all remaining portions.

23.0.3 The University reserves the right to eliminate nonmaterial requirements not met by all Bidder/Contractors.

23.0.4 Any Vendor terms which are attached or referenced with a submission shall not be considered part of the bid or proposal, but shall be deemed included for informational purposes only.

23.0.5 In the event of a discrepancy between the unit price and the extension, the unit price will govern. Prices must be extended in decimals, not fractions.

24. MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES

It is the policy of the State University of New York to take affirmative action to ensure that minority and women-owned business enterprises are given the opportunity to demonstrate their ability to provide goods at competitive prices.

GOALS FOR MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES PARTICIPATION: For all State Contracts in excess of $25,000.00 whereby each SUNY campus is committed to expend or does expend funds in return for labor, services including but not limited to legal, financial and other professional services, supplies, equipment, materials or a combination of the foregoing or all State Contracts in excess of $100,000.00 whereby the SUNY campus expects to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon, Contractor shall exert good faith efforts to achieve a participation goal of sixteen percent (16%) for certified Minority-Owned Business Enterprises and fourteen percent (14%) for certified Women-Owned Business Enterprises.

25. NYS SERVICE DISABLED VETERAN OWNED BUSINESS

It is the policy of the State University of New York to take affirmative action to ensure that Service Disabled Veteran Owned Businesses are given the opportunity to demonstrate their ability to provide goods and services at competitive prices.

Contractor shall exert good faith efforts to achieve a participation goal of six percent (6%) for New York State certified Service Disabled Veteran Owned Businesses.

26. AFFIRMATIVE ACTION AND EQUAL EMPLOYMENT OPPORTUNITY (EEO)

New York State Executive Order Number 6, regarding equal employment opportunities states:

It is the policy of the State of New York that equal opportunity be assured in the State’s personnel system and affirmative action provided in its administration in accordance with the requirement of the State’s Human Rights Law and the mandate of Title VII of the Federal Civil Rights Act, as amended. Accordingly, it is the responsibility of the State’s Department of Civil Service to enforce the State‘s policy of ensuring full and equal opportunity for minorities, women, disabled persons and Vietnam era veterans at all occupational levels of state government.

In keeping with this policy, the State University of New York and the State University of New York at Buffalo mandates compliance internally and for all organizations with which it conducts business.

27. COMPLIANCE WITH NEW YORK STATE REQUIREMENTS

27.0.1 It is mandatory that every Bidder/Contractor must comply and submit all required documentation, if relevant to this proposal. This Documentation includes, but is not limited to, NYS Vendor Responsibility Questionnaire; ST-220-CA and ST-220-TD; and State Finance Law 139 form. NOTE: The ST-220-TD is to be forwarded to the NYS Department of Tax and Finance, and is a one-time only filing. Failure to submit completed forms could result in Bidder/Contractor disqualification. Required forms for this submission are enclosed or available for download.

27.0.2 The University at Buffalo recommends that vendors file the required Vendor Responsibility Questionnaire online via the New York State VendRep System. To enroll in and use the New York State VendRep System, see the VendRep System Instructions available at https://www.osc.ny.gov/state-vendors/vendrep/file-your-vendor-responsibility-questionnaire or go directly to the VendRep System online at https://onlineservices.osc.state.ny.us/Enrollment.

Vendors must provide their New York State Vendor Identification Number when enrolling. To request assignment of a Vendor ID or for VendRep System assistance, contact the Office of the State Comptroller’s Help Desk at 866-370-4672 or 518-408-4672 or by email at ITServiceDesk@osc.ny.gov.

Vendors opting to complete and submit a paper questionnaire can obtain the appropriate questionnaire from the VendRep website https://www.osc.ny.gov/state-vendors/vendrep/vendor-responsibility-forms or may contact the University at Buffalo or the Office of the State Comptroller’s Help Desk for a copy of the paper form.

27.0.3 Contractor shall comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law Section 899-aa; State Technology Law Section 208). Contractor shall be liable for the costs associated with such breach if caused by Contractor’s negligent or willful acts or omissions, or the negligent or willful acts or omissions of Contractor’s agents, officers, or employees. The Contractor agrees to comply with applicable codes and all other rules and regulations of the State of New York and OSHA regulations. The University reserves the right to stop work that is proceeding in an unsafe manner. If the contractor finds pre-existing conditions or causes conditions that could prove to be hazardous to persons on University property, the Contract Designee shall be notified immediately.

28. IRAN DIVESTMENT ACT

By submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, Bidder/Contractor (or any assignee) certifies that it is not on the “Entities Determined To Be Non-Responsive Bidders/Offerers Pursuant to The New York State Iran Divestment Act of 2012” list (“Prohibited Entities List”) posted on the OGS website at: http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf and further certifies that it will not utilize on such Contract any subcontractor that is identified on the Prohibited Entities List. Additionally, Bidder/Contractor is advised that should it seek to renew or extend a Contract awarded in response to the solicitation, it must provide the same certification at the time the Contract is renewed or extended.

During the term of the Contract, should the University receive information that a person (as defined in State Finance Law §165-a) is in violation of the above-referenced certifications, the University will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then the University shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, seeking compliance, recovering damages, or declaring the Contractor in default.

The University reserves the right to reject any bid, request for assignment, renewal or extension for an entity that appears on the Prohibited Entities List prior to the award, assignment, renewal or extension of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the Prohibited Entities list after contract award.

29. PROHIBITING STATE AGENCIES AND AUTHORITIES FROM CONTRACTING WITH BUSINESSES CONDUCTING BUSINESS IN RUSSIA

Effective March 17, 2022, all New York State Entities are to refrain from entering into any new contract or renewing any existing contract with an entity conducting business operations in Russia. New York State Executive Order No. 16 is intended to ensure that New York State is not entering into contracts with entities conducting business in Russia and thereby indirectly supporting Russia’s unjustified war against the Ukrainian people. More information may be found at https://ogs.ny.gov/EO-16. Vendor, which encompass bidders prior to contract award, contractors who have received a contract award, and contract assignees, must complete Certification Under Executive Order No. 16 Form and return with this bid.

30. 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 of 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 bidder 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 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 bidder containing the certification required above shall be deemed to have been authorized by the board of directors of such bidder, 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 bidder.

If the bidder cannot make the required certification, such bidder shall so state and shall furnish with the bid a signed statement that sets forth in detail the reasons that the bidder cannot make the certification. After review and consideration of such statement, SUNY may reject the bid or may decide that there are sufficient reasons to accept the bid without such certification.

The certification required above can be found on the State Finance Law §139-l form included in the Buyer Attachments tab in the left hand navigation bar, which bidder must complete and submit with this bid.

31. DIESEL EMISSION REDUCTION ACT

On February 12, 2007, the Diesel Emissions Reduction Act took effect as law (the “Law”). Pursuant to new §19-0323 of the N.Y. Environmental Conservation Law (“NYECL”) it is now a requirement that heavy duty diesel vehicles in excess of 8,500 pounds use the best available retrofit technology (“BART”) and ultra-low sulfur diesel fuel (“ULSD”). The requirement of the Law applies to all vehicles owned, operated by or on behalf of, or leased by State agencies and State or regional public authorities. They need to be operated exclusively on ULSD by February 12, 2012. It also requires that such vehicles owned, operated by or on behalf of, or leased by State agencies and State or regional public authorities with more than half of its governing body appointed by the Governor utilize BART. Qualification and application for a waiver under this Law will be the responsibility of the Bidder.

32. CHILD PROTECTION POLICY

The University is at Buffalo is committed to protecting the safety and well-being of children who are on university premises, and/or who participate in university-related programs and activities, both on and off campus. All Bidders shall comply with all the applicable terms of the Child Protection Policy. Review University’s Child Protection Policy in the Buyer Attachments in the left hand navigation bar or refer to the link below:

https://www.buffalo.edu/administrative-services/policy1/ub-policy-lib/child-protection.html

33. AUDIT

All bonds, accounts, reports, files and other records relating to this contract shall be subject at all reasonable times to inspection and audit by the State University of New York at Buffalo or their agents during the term of this contract and for seven (7) years thereafter.

34. BACKGROUND CHECK

34.0.1 The Contractor shall provide at their own expense appropriate background checks for all personnel, representatives and drivers as related to the contract and prior to beginning on-site work. Contractors are required to maintain records of background checks for the term of the contract and to make available to the University upon request. Background check shall consist of an investigation to determine evidence of criminal history, verification of education, professional license, Department of Motor Vehicles license verification, verification of U.S. citizenship or legal residence, certification or other credential required by a job title. The Contractor shall pre-screen and qualify candidates as defined in the respective job descriptions for all positions requested.

34.0.2 Contractor personnel shall be properly trained and qualified to perform services of the type and scope as described herein. The Contractor shall provide evidence of qualifications for any personnel performing work under this contract and to make available to the University upon request. The University reserves the right to terminate the Contractor’s services and/or refuse to accept additional services from personnel deemed unqualified or for improper, disorderly or otherwise unsatisfactory behavior of the work that may occur during the contract.

35. CONTRACTOR IDENTIFICATION

At all times, all Contractor personnel shall be required to wear an identity tag clearly identifying them as being an employee or agent of the Contractor when on University premises.

36. JOB CONDITIONS

36.0.1 Items to be delivered shall be arranged in advance through the University’s department representative. It shall be the Bidder/Contractor’s responsibility to coordinate all activities with the University’s department representative. The department representative shall be available to insure access to all rooms, floors, and elevator areas as required for delivery.

36.0.2 Items must be delivered directly to the requested site/laboratory. It shall be the Contractor’s sole responsibility to be acquainted with the required campus locations.

36.0.3 It shall be the Contractor’s sole responsibility to be acquainted with the job and or building conditions affecting access of their items filling required locations. Any damage to University facilities, buildings or grounds shall be restored by the Contractor to previous condition at no cost to the University.

36.0.4 Bidder/Contractor agrees that work sites shall be left in a safe and reasonably orderly condition each day, and upon completion, site shall be left in its original safe condition.

36.0.5 All work shall be performed weekdays, Monday to Friday, between the hours of 8:00 am and 4:00 pm. No work shall be conducted on Saturdays, Sundays or holidays.

37. MATERIALS, EQUIPMENT AND VEHICLES

The Bidder/Contractor must supply all routine tools, equipment, and vehicles to safely and satisfactorily perform the appropriate services, as defined in this specification. All equipment and vehicles belonging to the Bidder/Contract will be operated on campus or affiliated locations in a careful and prudent manner in accordance with University’s regulations and shall be properly insured. The Bidder/Contractor shall have full responsibility for the costs of damage or loss to its own equipment caused by negligence of the Bidder/Contractor or its employees.

38. LOCK AND KEY ACCESS

For key access requests, the vendor must directly contact the department in question. If a key is granted, it must be signed out by the vendor and returned upon request or at the term of the contract. Loss of keys may require re-keying of one or more buildings and costs could be extensive. Vendor is responsible for the total cost of lock changes and new keys to secure areas compromised by lost keys. Key access may not be granted.

39. PARKING PERMITS

The Bidder and its employees shall be required to follow all of the rules and regulations of the University at Buffalo, including parking regulations. Parking violations are subject to fines and are the sole responsibility of the Bidder. Additional information is available at: http://www.buffalo.edu/parking.html

40. SAFETY

The University recognizes that many hazards are inherent in Contract work.

Compliance with safety regulations can prevent serious injury.

The Contractor is required to follow applicable federal, state and local safety and health regulations. The “Contractor Safety Guidebook: from Environment, Health & Safety Services is available per the link below:

https://www.buffalo.edu/administrative-services/managing-facilities/environment-and-safety/working-safely/construction.html#title-1

40.0.1 The University reserves the right to stop work that is proceeding in an unsafe manner.

40.0.2 If the contractor finds pre-existing conditions or causes conditions that could

41. CHANGES TO THE CONTRACT

All changes to the contract must be by written consent from both the Contractor and the University before any work has begun. All changes must be verified by normal University and/or State procedures. If work is started before approval is granted, the University is not liable for payments on work rendered.

42. BID SUBMISSION

42.0.1 Bids, subject to the terms, conditions, and specifications herein, will be received electronically in the University at Buffalo’s ShopBlue (Jaggaer) eProcurement System per the “Instructions to Bidders” attachment. Bids must be submitted no later than Wednesday, April 16, 2025 at 2:30 PM EST. Mailed, emailed or faxed will not be accepted.

42.0.2 Bid must include all required attachments and forms as specified in this IFB and in the ShopBlue eProcurement System.

42.0.3 Bids may be withdrawn or modified by written request from the bidder at any time prior to the deadline for receipt of proposals.

42.0.4 Bids are to be valid for a minimum of one hundred twenty (120) days to allow time for evaluation, selection, and any unforeseen delays.

42.0.5 The University reserves the right to negotiate with a Bidder within the bid’s requirements, to best serve the interests of the University.

42.0.6 By submitting a bid, the firm agrees that it will neither make any claims for nor assert any right to, damages because of any misunderstandings or lack of information.

42.0.7 Questions resulting from this IFB must be submitted via the Question & Answer Board in the University at Buffalo’s ShopBlue eProcurement System, no later than 2:30 PM EST on Friday, April 4, 2025.

43. LATE BIDS

Any bid received in the specified manner after the time specified in this IFB will be considered a Late Bid. A Late Bid shall not be considered for award unless: (i) no timely bids meeting the requirements of this IFB are received; or (ii) in the case of a multiple award, an insufficient number of timely bids were received to satisfy the multiple award.

Upon receipt of a Late Bid, it will be recorded indicating the date and hour received at the location specified in the IFB. Late Bids that are not considered will be held unopened, unless opened for identification, until after award and then retained with other unsuccessful bids. However, any bid bond or guarantee will be returned.

SECTION II: SPECIFICATIONS

Bidding shall be with the understanding that, at a minimum, the successful Bidder/Contractor will be required to provide services as listed below observing all applicable federal, state, and local laws.

1. SCOPE

The State University of New York at Buffalo is issuing an Invitation for Bid (IFB) to award contracts for the provision of compressed gases and specialty items, liquids, dry ice, handling and delivery of supplies.

The University’s goals include, but are not limited to:

1.0.1 Provide and improve the overall quality and consistency of products and services.

1.01.1 All gases and specialty items shall meet or exceed the purity grades specified. All specialty gases require certification of mixture, where applicable. All products provided shall be new, unused and available.

1.01.2 Cylinders shall be manufactured, maintained and tested in accordance with the Code of Federal regulation. Cylinders shall be new or extra clean, in good condition and not pitted. Valve assemblies must be protected by a suitable valve cap.

1.01.3 Each cylinder shall be legibly marked by means of stenciling, stamping or labelling, to identify the contents by the chemical name or formula.

1.01.4 Each cylinder shall be stamped with a legible serial number. All serial numbers shall be recorded on the documents being delivered.

1.01.5 Cylinders are to be in compliance with U.S. Department of Transportation labeling requirements.

1.0.2 Streamline the University’s administrative procedures thereby reducing administrative and acquisition costs.

It is expected the awarded vendor may be required to offer punchout catalog capability for marketplace through the Jaggaer online platform. It is also expected the vendor may be required to set up a consolidated billing process and other possible billing processes through the length of the contract.

1.0.3 Implementation of a pricing model with all fees built-in (no additional charges for rental, demurrage, etc).

New or additional related products may be added to this contract at the discretion of the University, at discounts commensurate with similar items.

1.0.4 Employ an automated inventory control program to manage cylinder inventory university-wide.

1.0.5 Heighten awareness of safety issues, risk management and transportation safety issues.

2. SUPPLY

The Bidder/Contractor must be an original manufacturer, authorized dealer, or dealer authorized by the manufacturer, for the supply of quality research, industrial and medical gases and liquids.

2.0.1 The Bidder/Contractor must be able to maintain continuity of supply for on-going research projects with no disruption of service. This includes sufficient inventory or cylinders to make deliveries without requiring the return of empty cylinders.

2.0.2 The Bidder/Contractor must be able to supply all product requests within three (3) working days after receipt of order, exceptions may include custom mixed gases. The University reserves the right to order from another vendor should the product not be available.

2.0.2.1 Backorders are to be an exception and not the rule; backorders should not exceed 5% of all orders.

2.0.2.2 If a cylinder is backordered, the contract vendor must contact the end user promptly to determine if the end user has the ability to wait the additional time for the cylinder to be delivered.

2.0.2.3 Backorders are not to be canceled without prior approval of the end user. Any and all additional costs involved in acquiring a backordered product, shall be the Bidder/Contractor’s responsibility.

2.0.3 Emergency requests for product shall be filled within 24 hours or less after order request (Monday through Friday only). An additional fee will be paid to the Bidder/Contractor (see Section III-Pricing Page).

3. IMPLEMENTATION

All Bidders are expected to cooperate with the University’s transition to a contract resulting from this Bid, in any and all capacities, whether chosen as a provider or not.

3.0.1 It is the University’s intention to have the majority of the cylinders needed on campus switched to the awarded Contract vendor. As cylinders from prior vendors are phased out/returned, it is expected that the Contract vendor will take over supplying new cylinders.

3.0.1.1 End users will not be required to turn in their current cylinders at the beginning of the contract term; when end users finish with their current cylinders they will then switch to the contract vendor for future orders.

3.0.1.2 It will be the exception if an end user is not required to use the contract vendor.

3.0.2 Awarded Bidders/Contractors may be required to dispose of cylinders owned by companies who have abandoned their cylinders as a result of not being selected at the conclusion of this bid process. There is to be no cost to the University for this service.

4. REQUIREMENTS

4.0.1 The Contractor must guarantee that all equipment will be furnished with the required safety devices for protecting the operator and others from injury.

Equipment shall comply with all applicable codes, laws and regulations of the University, State of New York and United States Government.

4.0.2 Contractor must be able to provide inventory information for Chemical Facility Anti-Terrorism Standards reporting required by the Department of Homeland Security. Https://www.dhs.gov/chemical-facility-anti-terrorism-standards

4.0.3 Contractor must be able to meet Occupational Safety and Health Administration (OSHA) and Compressed Gas Association (CGA) requirements within all areas of operation to include hydrostatic testing of cylinders and appropriate labeling.

4.0.4 Prior to beginning work, awarded Contractor must contact the University’s Environment, Health & Safety Department (EH&S).

4.0.4.1 EH&S will inform the Contractor of campus safety requirements, policies, etc.

4.0.4.2 Any change in cylinders, valves, or connections, etc, that is different from CGA standards or constitute a change in what is routinely and currently provided to the University, shall be brought to the attention of EH&S in writing before implementation.

4.0.4.3 The Contractor must notify EH&S, prior to delivery, when flammable or pyrophoric gases are to be delivered to the University.

Notification must include, at a minimum: name of University staff member and University site location.

4.0.4.4 Supplier must provide EH&S with security and emergency plans detailing the following:

4.0.4.4.1 Security of the cylinders will be provided en route to the University and at all times while the cylinders are on campus and under the responsibility of the Contractor up until the time the cylinders are received by the University’s department. The plan should address, at a minimum, protective measures against potential acts of theft, sabotage and vandalism.

4.0.4.4.2 Accidental release of hazardous gas caused by the

Contractor.The plan should address, at a minimum, actions by the Contractor to protect the health and safety of the University community.

4.0.4.4.3 A draft of the security and emergency plans must be submitted with your bid. The University reserves the right to reject or request a more comprehensive plan if it is not found to be detailed enough.

4.0.5 The Contractor is responsible for providing all fittings necessary for correct match of Contractor’s cylinders to existing University manifolds and regulators.

It is not the Contractor’s responsibility to connect the cylinders to the University’s regulators or distribution system.

The Contractor will provide training to University personnel at the department and/or laboratory level, on proper gas handling and connection procedures.

4.0.6 The Contractor must be able to provide, immediately upon request by the University, certification of purity of gases. Certification must be a complete analysis and include identification and amounts of the various impurities in the gas; at no additional cost to the University.

The Contractor shall document all equipment used in conjunction with testing and filling of compressed gases. Documentation shall include date of last certification/inspection of equipment and next scheduled certification/inspection. The Contractor must provide documentation to the University immediately upon request.

5. CYLINDER PRICING

The Bidder/Contractor must propose a flat-rate pricing structure with all fees built-in.

Refer to Attachment A.

5.0.1 The University will not allow a Contractor to charge rental or demurrage for cylinders. Invoicing with rental or demurrage charges will not be accepted; these charges will not be paid by the University.

5.0.1.1 The University will not consider hazardous material charges, fuel surcharges, or other miscellaneous charges on this contract (emergency delivery is the exception – see Section III).

5.0.2 The University does not guarantee to purchase any specific quantity or dollar amount.

5.0.2.1 In the event that the University experiences any large increase (over 25%) in cylinder order volume, the University reserves the right to negotiate lower rates.

5.0.3 The University has a median cylinder return of thirty-nine (39) days.

5.0.3.1 It is the responsibility of the contract vendor to monitor the cylinders on campus and to contact end users at reasonable intervals (monthly, quarterly, etc) to check if a cylinder should be picked up/returned and/or replaced.

5.0.3.1.1 End users should not be contacted more than once per month regarding cylinder returns.

5.0.3.1.2 It is the responsibility of the contract vendor to contact an end user that has had a cylinder nearing the one (1) year mark.

If the end user requests that the cylinder be picked up without being replaced, the contract vendor may not invoice for any additional fees.

5.0.3.1.3 If the vendor has not been able to make contact with the end user, the vendor must then contact the University Contract Manager, who will give direction on how to move forward.

5.0.3.2 In the event that an end user has not returned a cylinder within one (1) year of delivery, the awarded contractor may contact the end user and offer the following:

5.0.3.2.1 The end user may keep the current cylinder; the vendor may invoice the end user for the full cylinder contract price.

5.0.3.2.2 The end user may request that the cylinder be picked up and a new one replaced; the vendor will pick up the old cylinder and invoice the end user for the new cylinder once delivered.

5.0.3.2.3 The end user may request that the cylinder be picked up/returned with no additional fees (see Section II.5.0.3.1 above).

5.0.3.3 Before invoicing for a cylinder above/beyond the one (1) year mark, the contract vendor must have approval from the end user (see Section II.5.0.3.1 above). The approval must be in written form (for example, email confirmation from the end user).

6. CYLINDER TRACKING

The University requires that the Bidder/Contractor actively monitors/tracks all cylinders. To this end, Bidders are required to have an electronic inventory control tracking system.

The University is shifting the responsibility for lost cylinders to the Contractor with the expected outcome of fewer instances of “lost” cylinders. The Contractor must provide an electronic inventory control program with the following minimum capabilities.

6.0.1 Each cylinder must have a bar code affixed in a manner that effectively protects if from being removed through vandalism or handling wear-and-tear. The Contractor is responsible for the replacement of bar codes that become damaged or are removed. Bar codes must have scan capability with standard scanning industry equipment.

6.0.2 Each cylinder must meet State, Federal and University regulations and have all Department of Transportation and Federally required identification affixed prior to delivery.

6.0.3 Each cylinder must have a packing label affixed with the following information:

contents (type of gas degree of purity), supplier’s name, account #, ship to address & attention line, order date, website location and purchase order number.

6.0.4 Bar codes must be traceable to the unique cylinder serial number that is stamped into the cylinder.

6.0.5 Each cylinder must be scanned at the following points: delivery to the University, pickup at the…