2091523295BaseContract.pdf

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

Solicitation (REVISED 6/9/23)

23295srev3

BID OPENING

DATE: June 28, 2023

TIME: 1:30 P.M. EST

TITLE: Group 20915 – Furniture, All Types (Except Hospital Room and Patient Handling) (Statewide)

SOLICITATION NUMBER: 23295 Classification Codes: 56

CONTRACT PERIOD: Upon Execution of Contract for a Period of Five Years

DESIGNATED CONTACTS: In accordance with the Procurement Lobbying Law [State Finance Law § 139-j(2)(a)], the following individuals are the Designated Contacts for this Solicitation.

All questions relating to this Solicitation must be addressed to the Designated Contacts.

Primary Designated Contacts

Bradford Deforge Contract Management Specialist I Telephone No. (518) 473-3876 E-mail address: OGS.sm.PS.Furniture@ogs.ny.gov

Cheri McCullough Contract Management Specialist 2 Telephone No. (518) 402-5552 E-mail address: OGS.sm.PS.Furniture@ogs.ny.gov

For MWBE Questions Only Lori Brodhead Telephone No. (518) 486-9866 Email Address: MWBE@ogs.ny.gov

For SDVOB Questions Only NYS Division of Service-Disabled Veterans’ Business Development Telephone No. (518) 474-2015 Email Address: VeteransDevelopment@ogs.ny.gov

For INSURANCE Questions Only New York State Office of General Services Bureau of Risk and Insurance Management Telephone No. (518) 473-0310 E-mail address: ogs.sm.insrev@ogs.ny.gov

Bidder’s Federal Tax Identification Number:

(Do Not Use Social Security Number)

NYS Vendor Identification Number:

(See New York State Vendor File Registration Clause)

Legal Business Name of Company Bidding:

D/B/A – Doing Business As (if applicable):

Street

City

State

County

Zip Code

E-mail Address:

Company Web Site:

If applicable, place an “x” in the appropriate box(es) (check all that apply)

NYS Small Business # Employees

Service Disabled Veteran Owned Business

NYS Minority Owned Business

NYS Women Owned Business

If you are not bidding, place an “x” in the box and return this page only.

WE ARE NOT BIDDING AT THIS TIME BECAUSE:

FOR PROCUREMENT SERVICES USE ONLY

LITERATURE LETTER USB FLASH DRIVE # of Binders/Packages: ___________ PURC. MEMO OTHER ________________ Documented by: ______________ mailto:OGS.sm.PS.Furniture@ogs.ny.gov mailto:MWBE@ogs.ny.gov mailto:VeteransDevelopment@ogs.ny.gov mailto:ogs.sm.insrev@ogs.ny.gov

GROUP 20915 – Furniture, All Types PAGE 2 (Except Hospital Room and Patient Handling) (Statewide)

Bidder Certification and Affirmation

Bidder certifies and affirms as follows:

1. This Bid is an irrevocable offer for 120 days from the date of submission to the New York State (“NYS”) Office of General Services (“OGS”), or for such longer period as is set forth in the Invitation for Bids.

2. The Bidder can and will provide and make available, at a minimum, the Products, deliverables and/or services as described in the Invitation for Bids.

3. The Bidder has read and understands the provisions of the Invitation for Bids, and all appendices, attachments, and exhibits attached thereto, including Appendix A (Standard Clauses for New York State Contracts) and Appendix B (General Specifications).

4. The information contained in this Bid is complete, true, and accurate.

5. The Bidder understands and agrees to comply with the requirements of the Procurement Lobbying Law, State Finance Law § 139-j and § 139-k, and with OGS’s procedures relating to permissible contacts during a procurement as required by State Finance Law § 139-j(3) and § 139-j(6)(b). Such requirements and procedures are posted at https://ogs.ny.gov/acpl.

The signer affirms under penalties of perjury that he or she is duly authorized to legally bind the Bidder referenced above and that he or she signed this Bidder Certification as the legally binding act of the Bidder.

Print Full Bidder Entity Name

By:

Signature of Person Authorized to Legally Bind the Bidder

Print Name of Signatory

Print Title of Signatory

Date

RETURN THIS PAGE AS PART OF BID

https://ogs.ny.gov/acpl

GROUP 20915 – Furniture, All Types PAGE 3

Contents Appendices and Attachments

SECTION 1 INTRODUCTION

1.1 Overview

1.2 Scope

1.3 Estimated Quantities

1.4 Key Events/Dates

1.5 Intent To Bid

1.6 NYS Contract Reporter

1.7 Bidder Questions

1.8 NYS Comptroller Approval

1.9 MWBE & SDVOB Interest in Partnering with Bidders

1.10 Summary Of Policy And Prohibitions On Procurement Lobbying

1.11 Definitions

1.12 Appendices and Attachments

1.13 Conflict of Terms

SECTION 2 BIDDER QUALIFICATIONS AND SERVICE REQUIREMENTS

2.1 Qualifications

2.2 Service Requirements

SECTION 3 BID SUBMISSION

3.1 Performance and Bid Bonds

3.2 NYS Vendor File Registration

3.3 Format of Bid Submission

3.4 Content

3.5 Bid Envelopes and Packages

3.6 Bid Delivery

3.7 Important Building Access Procedures

3.8 NYS Required Certifications

3.9 Bid Deviations

3.10 Bid Opening Results

3.11 Bid Liability

3.12 Firm Offer

3.13 NYS Reserved Rights

3.14 Incorporation

SECTION 4 METHOD OF AWARD

4.1 Method of Award

4.2 Minor Deviations/Minor Technicality

4.3 Notification of Award

4.4 Periodic Recruitment

4.5 Procurement Instructions for Authorized Users

SECTION 5 TERMS AND CONDITIONS

GROUP 20915 – Furniture, All Types PAGE 4

5.1 Contract Term and Extensions

5.2 Short term Extension

5.3 Price

5.4 Price List Updates

5.5 Best Pricing Offer

5.6 Price Structure

5.7 Volume Discounts

5.8 Ordering

5.9 Purchasing Card Orders

5.10 Minimum Order

5.11 Invoicing and Payment

5.12 Product Returns and Exchanges

5.13 Unanticipated Excessive Purchase

5.14 Contract Administration

5.15 NYS Financial System (SFS)

5.16 Americans with Disabilities Act (ADA)

5.17 N.Y. State Finance Law § 139-l

5.18 Insurance

5.19 Report of Contract Usage

5.20 Contractor Requirements and Procedures for Business Participation Opportunities for NYS Certified Minority and Women-Owned Business Enterprises and Equal Employment Opportunities for Minority Group Members and Women

5.21 Participation Opportunities For New York State Certified Service-Disabled Veteran Owned Businesses

5.22 Bulk Delivery and Alternate Packaging

5.23 Surplus/Take-Back/Recycling

5.24 Environmental Sustainability and NYS Executive Order Number 22

5.25 Consumer Products Containing Mercury

5.26 Diesel Emission Reduction Act

5.27 Overlapping Contract Products

5.28 Preferred Source Products

5.29 NYS Vendor Responsibility

5.30 NYS Tax Law Section 5-a

5.31 “OGS or Less” Guidelines

5.32 Non-State Agencies Participation in Centralized Contracts

5.33 Extension of Use

5.34 Authorized Resellers

5.35 New Accounts

5.36 Centralized Contract Modifications

5.37 Drug and Alcohol Use Prohibited

5.38 Traffic Infractions

5.39 Instruction Manuals

GROUP 20915 – Furniture, All Types PAGE 5

5.40 Contract Documents; Electronic Format

5.41 Purchasing Card Orders

GROUP 20915 – Furniture, All Types PAGE 6

Appendices and Attachments

APPENDICES

Appendix A – Standard Clauses for NYS Contracts (June 2023) Appendix B – General Specifications (April 2016) Appendix C – Contract Modification Procedure Appendix D – Federal Funding Agency Mandatory Terms and Conditions

ATTACHMENTS

Attachment 1 – Pricing Attachment 2 – NYS Required Certifications Attachment 3 – Encouraging Use of NYS Businesses Attachment 4 – Insurance Requirements Attachment 5 – Bidder Information Questionnaire Attachment 6 – Bidder Submission Checklist Attachment 7 – Bidder Questions Form Attachment 8 – Report of Contract Usage Attachment 9 – Intent to Bid Form Attachment 10 – Contact and Supplemental Information Attachment 11 – Price List Update Guide Attachment 12 – Contractor and Reseller/Distributor Information Sheet Attachment 13 – Category Matrix Attachment 14 – Supplier/Manufacturer’s Certificate Attachment 15 – Certification Under Executive Order No. 16 Attachment 16 – Proof of Past Sales

GROUP 20915 – Furniture, All Types PAGE 7

SECTION 1 INTRODUCTION

1.1 Overview

This Solicitation is issued by the New York State (“NYS”) Office of General Services (“OGS”), Procurement Services for certain furniture products as specified herein for all Authorized Users eligible to purchase through this Solicitation.

OGS is a New York State Agency authorized by law to establish Centralized Contracts for use by NYS Agencies and other Authorized Users, as that term is defined by State Finance Law Section 163(1)(k). The purpose of this Solicitation is to award multiple Contracts for furniture to responsive and responsible Bidders that are able to meet the terms and conditions of this Solicitation and the requirements detailed in Section 2 – Bidder Qualifications and Service Requirements, and whose product offerings meet the scope of this Solicitation, as detailed in Section 1.2 – Scope. The Contract(s) awarded as a result of this Solicitation will be for use by New York State Agencies and other Authorized Users (see Section 5.32 – Non-State Agencies Participation in Centralized Contracts) Statewide.

Accordingly, references to the State and its Agencies as Authorized Users under this Solicitation and the ensuing Contract(s)shall encompass all such entities within the definition of “Authorized User” set forth in Appendix B – General Specifications.

Contract awards will be made to all responsive and responsible Bidders who meet qualifications as detailed in Section 2 - Bidder Qualifications and Service Requirements and whose pricing is determined to be reasonable by OGS. The prices proposed by Bidders in response to this Solicitation are to be based upon discounts from Manufacturer List Prices.

The Contracts resulting from the Solicitation will be multiple-award, statewide, Centralized Contracts. When making purchases from the Contracts resulting from the Solicitation, Authorized Users shall procure products and services that best meet their form, function, and utility requirements. Authorized Users are encouraged to obtain quotes from all eligible Contractors prior to making a purchase. Pursuant to State Finance Law § 163(10)(c), at the time of purchase, Authorized Users shall base their selection among multiple Contracts upon which is the most practical and economical alternative that is in the best interests of the State.

This Solicitation outlines the terms and conditions and all applicable information required for submitting a Bid. Bidders should pay strict attention to the Bid submission date and time to prevent disqualification. Bidders are strongly encouraged to read the language of this Solicitation thoroughly and to precisely follow the instructions included in the Solicitation and all attachments.

1.2 Scope

It is the intent of this Solicitation and subsequent Award to establish comprehensive multiple manufacturer’s product line Contracts for new, unused and in current production commercial and institutional quality furniture, except for Hospital Room and Patient Handling furniture, in the following ten (10) categories listed below. This Solicitation is NOT intended to provide a full-service furniture solution.

Products, including fabrics and finishes, must have an established identifying number, such as a model number, stockkeeping unit (SKU), etc., and a defined List Price. Customized furniture and/or solutions without a defined identifying number (model number, SKU, etc.), and List Price will not be allowed. It is the State’s intent to award multiple Contracts to responsive and responsible Bidders that are able to meet the terms and conditions of this Solicitation and the requirements detailed in Section 2 – Bidder Qualifications and Service Requirements, and whose product offerings meet the scope of this Solicitation as described herein. Contracts will be available for use by all New York State Authorized Users (Statewide).

For the purposes of this Solicitation, furniture is described within ten (10) Furniture Product Categories, defined as follows:

GROUP 20915 – Furniture, All Types PAGE 8

Category Number

Category Category Description

Conference Furniture (tables and seating)

Includes, but is not limited to:

a. tables of various styles and materials, suitable for conference rooms and meeting rooms, from basic to executive levels;

b. stacking chairs, rolling chairs, and all other seating of various styles and materials, suitable to go with conference and meeting room tables (as noted above); and

c. dollies, chair and table carts.

Dormitory Furniture

Includes, but is not limited to:

a. bedroom, lounge, and dining hall furniture suitable for school dormitory (generally more durable and versatile than household); and

b. in room storage and desks.

General Purpose Tables

Includes, but is not limited to:

a. assembly tables and work tables of various sizes, styles and materials, including adjustable or fixed height;

b. folding tables, occasional and console tables; and

c. other tables of various sizes, designs and materials suitable for general purpose.

High Density Filing

Includes, but is not limited to:

a. manual or powered shelving designed to take as little space as possible; and

b. retrieval systems.

Household Furniture

Includes, but is not limited to:

a. living room, dining room and bedroom furniture, upholstered or non-upholstered, of various sizes, styles and materials, suitable for community residence programs.

6 Library Furniture

Includes but is not limited to:

a. tables, lounge, chairs and seating, carrels, upholstered or non-upholstered of various sizes, styles and materials, suitable for library applications;

b. bookcases, display cases, case goods, file credenzas, and storage; and

c. carts and circulation desks.

Office and Courtroom Furniture

Includes, but is not limited to:

a. tables, lounge, chairs and seating, benches, podiums, stands, upholstered or non-upholstered, of various sizes, styles and materials, suitable for basic to upper-level Executive offices and courtrooms;

b. adjustable height and sit/stand desks, single and double pedestal desks, executive desks, bookcases, case goods, file credenzas, and storage of various styles and materials;

c. ergonomic office and task chairs, managerial chairs, and side chairs;

d. plastic barriers/sneeze guards, suitable for use with reception desks, conference tables and other office furniture; and

e. dollies, chair and table carts.

School/Higher Education Furniture

Includes, but is not limited to:

a. student desks, tables and seating found in classrooms for elementary schools through college;

b. cafeteria tables, laboratory tables, and workshop tables;

c. daycare beds (cots, mats, cribs and crib mats);

d. bins, tubs, baskets, standalone multi-use wooden storage unit/cubby units, and cube units/organizers;

e. activity, sand, puzzle, and water tables; and

f. dollies, chair and table carts.

Specialty Seating

Includes, but is not limited to:

a. big and tall seating, bariatric, gang seating (such as that found in public transportation terminals), and laboratory stools.

GROUP 20915 – Furniture, All Types PAGE 9

Systems Furniture

Includes, but is not limited to:

a. products and parts to build cubicles and modular office space.

Bidder shall indicate the Furniture Product Categories offered within its Bid by marking an ‘X’ in each Furniture Product Category within Attachment 13 - Category Matrix and submit with its Bid, as per Section 3 - Bid Submission.

Bidders may offer one or more Furniture Product Categories. Bidders are not required to offer all Categories.

EXCLUSIONS:

The below items are excluded from the scope of this Solicitation. This list is not exhaustive; other items and/or services may be excluded at the discretion of OGS, either prior to or after contract award:

1. Bedding items such as mattresses, sheets, pillows, and other such accoutrements.

2. Carpets and rugs.

3. Wall hangings, mirrors, easels, chalk boards, white/dry erase boards, smart boards, and cork boards.

4. Lighting fixtures and/or solutions.

5. Metal lockers/lockers requiring fixed installation and/or public works.

6. Auditorium equipment, such as platform risers, speakers, etc.

7. Toddler gyms, climbing play sets, agility/balance equipment, physical education equipment, doll houses, playhouses, play kitchens, toys etc.

8. Dollies, chair and table carts.

9. Additional charges and fees not specifically listed within the Contact and Supplemental Information sheet (for example, surcharges, fuel charges, storage fees, liftgate service fees, credit card fees, etc.).

10. Installation drawings and/or design services.

11. Public Work and/or Prevailing Wage Rate Work (installation).

12. Outdoor furniture including but not limited to tables, chairs, trash bins, and bike racks.

13. Hospital Room and Patient Handling furniture.

14. Customized furniture and/or solutions without a defined identifying number (model number, SKU, etc.), and

List Price.

1.3 Estimated Quantities

A Contract resulting from this Solicitation 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 Solicitation, based on historical purchases under previous awards, is approximately $143,000,000 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 this Solicitation to vary substantially from the estimates in the Solicitation. 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.

GROUP 20915 – Furniture, All Types PAGE 10

By submitting a Bid, Bidder 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 this Solicitation.

1.4 Key Events/Dates

EVENT DATE TIME

Solicitation Release Date April 6, 2023 N/A

Deadline for Submission of Intent to Bid April 21, 2023 5:00 PM ET

Closing Date for Submitting Bidder Questions April 21, 2023 5:00 PM ET

OGS Response to Vendor Questions (estimated) May 26, 2023 N/A

Bid Opening / Due date for Bids June 28, 2023 1:30 PM ET

Contract Approval Date / Award Publish Date Upon OSC Approval N/A

1.5 Intent To Bid

A Bidder is requested to indicate its intent to bid by sending an e-mail titled “INTENT TO BID-[BIDDER NAME]” to OGS.sm.PS.Furniture@ogs.ny.gov on or before the date and time indicated in the Key Events/Dates section. The e-mail should include the Bidder’s company name and a contact name and contact information. The intent to bid is discretionary.

1.6 NYS Contract Reporter

Bidders must register with the New York State Contract Reporter (“NYSCR”) at https://www.nyscr.ny.gov in order to receive notifications about this Solicitation. Navigate to the “I want to find contracts to bid on” page to register for your free account. In order to receive e-mail notifications regarding updates to the content or status of a particular ad, you must “bookmark the ad” on the upper right-hand side of the ad, then return to your Account, view your list of bookmarked ads, and then select “send me notification updates” option listed to the right of the ad. Answers to all questions of a substantive nature will be posted in the form of a question-and-answer document and released through the NYSCR. Any updates to Solicitation documents will also be posted and released through the NYSCR.

If you do not opt-in to receive notification updates regarding a particular ad, you will not receive e-mail notifications regarding updates, including e-mail notifications regarding the posting of the question-and-answer document and updates to Solicitation documents.

Be advised that submission of responses to the Solicitation that do not reflect and take into account updated information may result in your Bid being deemed non-responsive to the Solicitation.

1.7 Bidder Questions

All questions regarding this Solicitation should be submitted using Attachment 7 – Bidder Questions Form, citing the applicable Solicitation document name and document section. The completed form must be emailed to OGS.sm.PS.Furniture@ogs.ny.gov by the date and time indicated in Section 1.4 – Key Events/Dates. Questions submitted after the deadline indicated may not be answered. A Bidder is strongly encouraged to submit questions as soon as possible. Answers to all questions of a substantive nature will be provided to all prospective Bidders in the form of a question-and-answer document which will be posted to the OGS website and will not identify the Bidder asking the question. Notification of this posting will be advertised in the NYS Contract Reporter (“NYSCR”). Your company must select the “opt-in” option within the Contract Reporter ad to receive notification updates of this Solicitation.

If Bidder intends to submit a Bid that deviates from the requirements of the Solicitation in any way, the proposed deviations should be submitted during the Questions period so that they may be given due consideration prior to the submission of Bids. See Section 3.9 - Bid Deviations for additional information.

1.8 NYS Comptroller Approval

In accordance with Section 112 of the State Finance Law, a Contract resulting from this Solicitation shall not be valid, effective or binding upon the State until such Contract has been approved by the Office of the New York State mailto:OGS.sm.PS.Furniture@ogs.ny.govo https://www.nyscr.ny.gov/

GROUP 20915 – Furniture, All Types PAGE 11

Comptroller (“OSC”). Purchase orders or other procurement transactions issued under such Contract(s) may also be subject to OSC approval.

1.9 MWBE & SDVOB Interest in Partnering with Bidders

If a New York State certified MWBE or SDVOB would like to indicate its interest in working with participating Bidders, please send an e-mail entitled “Solicitation 23295 MWBE or SDVOB INTEREST_COMPANY NAME” to OGS.sm.PS.Furniture@ogs.ny.gov on or before April 21, 2023 at 5:00 PM ET. The e-mail content should include:

1. Company Name.

2. Contact Name and Contact Information such as Phone Number, Mailing Address and E-Mail Address.

3. Brief description of the company and the products and/or services that the company offers that are related to this Solicitation (for example “Company ABC manufactures tables”.

4. The NYS Certification Type (Minority and/or Women-Owned or SDVOB).

5. Include what locations in NYS the company provides services in.

A list of the NYS certified MWBE and SDVOB vendors who have expressed interest in this Solicitation through the timely submission of such email, will be made available to prospective Bidders through the publishing of a Purchasing Memorandum posted through the New York State Contract Reporter.

1.10 Summary Of Policy And Prohibitions On Procurement Lobbying

Pursuant to State Finance Law § 139-j and § 139-k, this Solicitation includes and imposes certain restrictions on communications between OGS and a Bidder during the procurement process. A Bidder is restricted from making contacts from the earliest posting, on a governmental entity’s website, in a newspaper of general circulation, or in the procurement opportunities newsletter of intent to solicit offers/Bids through final award and approval of the Procurement Contract by OGS and, if applicable, the Office of the State Comptroller (“restricted period”) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law § 139-j(3)(a). Designated staff, as of the date hereof, are identified on the first page of this Solicitation. OGS employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Bidder pursuant to State Finance Law §139-j and §139-k. Certain findings of non-responsibility can result in rejection for Contract award and, in the event of two findings within a four-year period, the Bidder is debarred from obtaining governmental Procurement Contracts for four years. Further information about these requirements can be found on the OGS website at: https://ogs.ny.gov/acpl/.

1.11 Definitions

Capitalized terms used in this Solicitation 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.

“Electronically Searchable Price List (Price List)” shall mean text and numeric digits can be searched for and found electronically within the document by using the software’s ‘find’ function within the document.

“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; Dr. Martin Luther King, Jr. Day; Washington’s Birthday (observed); Memorial Day; Juneteenth;

Independence Day; Labor Day; Columbus Day; Veterans’ Day; Thanksgiving Day; and Christmas Day.

“NYS Vendor ID” is a unique ten-character identifier issued by the NYS Office of the State Comptroller (OSC) when the vendor is registered on the Vendor File System.

https://ogs.ny.gov/acpl/

GROUP 20915 – Furniture, All Types PAGE 12

“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 a 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”).

“Retail Price (List Price/MSRP)” shall mean the price at which a Manufacturer or Distributor recommends their Products be sold commercially, either nationally or regionally. This applies even if the Manufacturer or Distributor names this recommended pricing differently.

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

1.12 Appendices and Attachments

The following appendices and attachments, attached hereto, are hereby expressly made a part of this Solicitation as fully as if set forth at length herein.

Appendix A – Standard Clauses for NYS Contracts (June 2023) Appendix B – General Specifications (April 2016) Appendix C – Contract Modification Procedure Appendix D – Federal Funding Agency Mandatory Terms and Conditions

Attachment 1 – Pricing Attachment 2 – NYS Required Certifications Attachment 3 – Encouraging Use of NYS Businesses Attachment 4 – Insurance Requirements Attachment 5 – Bidder Information Questionnaire Attachment 6 – Bidder Submission Checklist Attachment 7 – Bidder Questions Form Attachment 8 – Report of Contract Usage Attachment 9 – Intent to Bid Form Attachment 10 – Contact and Supplemental Information Attachment 11 – Price List Update Guide Attachment 12 – Contractor and Reseller/Distributor Information Sheet Attachment 13 – Category Matrix Attachment 14 – Supplier/Manufacturer’s Certificate Attachment 15 – Certification Under Executive Order No. 16 Attachment 16 – Proof of Past Sales

1.13 Conflict of Terms

Conflicts 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;

3. Appendix B, General Specifications;

4. All other appendices and attachments to the Solicitation;

GROUP 20915 – Furniture, All Types PAGE 13

5. The Bidder’s Bid.

SECTION 2 BIDDER QUALIFICATIONS AND SERVICE REQUIREMENTS

2.1 Qualifications

Bidder is advised that the State’s intent in having the requirements listed below is to ensure that only qualified and reliable Contractors perform the work of the resulting Contract. Any Bid not meeting these requirements may be deemed non-responsive and denied further consideration for award. Bidder shall have the burden of demonstrating to the satisfaction of Procurement Services that it can perform the work required. Procurement Services retains the right to request any additional information pertaining to the Bidder's ability, qualifications, financial capacity, financial stability, and procedures used to accomplish all work under the resulting Contract as it deems necessary to ensure safe and satisfactory work. A Bidder shall meet the following qualifications:

2.1.1 Bidder Qualifications:

A. A Bidder must be either:

1. An established Manufacturer of the products bid, or

2. An Authorized Representative of an established Manufacturer of the products bid.

B. Any Authorized Representative hereby guarantees that:

1. It is an Authorized Representative of the Manufacturer;

2. The Manufacturer has agreed to supply such Authorized Representative with all quantities of products required to fulfill its obligations under any resultant Contract with the State, and

3. The Authorized Representative will provide a completed and signed Attachment 14 – Supplier/Manufacturer’s

Certificate, acknowledging this level of support, with the Bid. If such Manufacturer’s Certificate is not submitted with the Bid, Bidder must provide within three (3) business days of request by OGS, (via e-mail is acceptable).

C. A Bidder must have maintained an organization capable of performing the work described in this Solicitation, in continuous operation, for a minimum of three (3) years immediately prior to the Bid Opening date in Section 1.4

- Key Events/Dates. By the Bid Opening date, such organization must have adequate inventories of the products offered and must be capable of processing and shipping large numbers of orders to various destinations Statewide.

D. A Bidder must currently hold at least one Government Entity contract (GSA contract, State contract, Local Governmental Entity contract, BOCES contract, Governmental Cooperative contract, etc.) for Furniture products included in Section 1.2 - Scope, by the Bid Opening date in Section 1.4 - Key Events/Dates.

1. Proof shall be provided in the form of a current active contract, to include the following: contract number and description, contract term dates, copy of current contract price list and/or discount/pricing structure, contact name, telephone number and/or e-mail address of the contracting entities’ contract manager, and a link to the contract website, if available. Proof should be provided in electronic format.

2. Bidder shall submit such proof of currently held Government Entity contract with the Bid. If proof is not submitted with the Bid, Bidder must provide within three (3) business days, or other such timeframe as requested by OGS, (via e-mail is acceptable).

E. A Bidder must provide proof of total past sales revenue equal to $1,500,000.00 (one-million five hundred thousand dollars) or greater over the three (3) calendar years prior to the Bid Opening Date (2020, 2021, and 2022) for Furniture products included in Section 1.2 – Scope, to one or more Government Entities (GSA, State, Local, BOCES, Governmental Cooperative, etc.) and/or those Authorized Users as defined herein who are eligible to use State contracts (Political Subdivisions, Schools, Not for Profits, etc.). Proof of past sales is not limited only to the Categories being bid.

Proof of past sales revenue may include:

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1. Sales made under successful bids (contracts) to Government Entities, for example, (GSA contract(s), State contract, Local Governmental Entity contract(s), BOCES contract(s), Governmental Cooperative contract(s), etc.).

2. Sales made via discretionary purchases (non-contract) to Government Entities, for example, (GSA contract(s), State contract, Local Governmental Entity contract(s), BOCES contract(s), Governmental Cooperative contract(s), etc.).

3. Proof of past sales revenue must be related to the Furniture products included within Section 1.2 – Scope.

Bidders must show proof of past sales revenue in each of the three calendar years prior to the bid opening and may not have less than $100,000 in sales revenue during any single year within the required 3-year period.

4. Proof of past sales may include sales made directly to Government Entities or sales made through the Bidder’s use of reseller(s) and/or distributor(s).

A Bidder must submit required proof of past sales revenue in Excel format, using Attachment 16 – Proof of Past Sales. The Bidder shall provide proof of past sales information that contains at a minimum the Contract Number or purchase order number the sale(s) were made under, the Government Entity name, product item number and description, date of sale, list price, discount percentage, and net sale amount. Copies of invoices, purchase orders, vouchers, etc. will not be allowed as proof of past sales revenue.

2.2 Service Requirements

2.2.1 Delivery:

A. All Bidders are required to offer inside delivery, which may be at an additional cost represented by a percentage above the net price charged and may be charged at a different percentage rate for Downstate and Upstate. For this Solicitation, Downstate is defined as the Metropolitan NYC area, which includes the following nine (9) counties: Rockland, Westchester, Nassau, Suffolk, Queens, Kings, New York, Bronx and Richmond. Upstate is defined as the rest of New York State.

B. Inside delivery is intended for essentially free-standing furniture when the Authorized User is unable to bring it from the dock to the point of use. It shall consist of removal from truck, bringing to point of use, uncrating, minor assembly (for example: attach hutch to desk or credenza, attach a return, set shelves in bookcase and leveling), removal of packing/packaging debris and leaving ready for use. Inside delivery cannot be applied to installation, such as systems furniture, high density filing, and furniture shipped KD (“Knocked Down”). The Authorized User must specify at time of order, and prior to delivery, if inside delivery is required.

The inside delivery fee shall be based on the following conditions:

1. Delivery location has a loading dock or off-street loading area;

2. The delivery will be to the same floor as the loading dock or there is a freight elevator available;

3. The delivery may be completed during regular working hours;

4. The delivery fee is negotiable and may be lower than but not greater than the percent posted to the OGS website. Additionally, fees must be agreed to by the Authorized User and Contractor prior to delivery; and

NOTE: Any deviations from the above delivery requirements are outside the scope of the Contracts resulting from this Solicitation and may require the Authorized User to make a separate, non-contract purchase in accordance with the Authorized User’s standard purchasing rules and procedures.

C. Delivery shall be expressed in number of calendar days required to make delivery after receipt of a Purchase

Order (or P-Card order). Product is required as soon as possible, and guaranteed delivery may be considered in making award. Delivery shall be made in accordance with instructions from the Authorized User included on the Purchase Order. If there is a discrepancy between the Purchase Order and what is listed on the Contract, it is the Contractor’s obligation to seek clarification from the Authorized User and, if applicable, from OGS Procurement Services.

D. Price shall include all customs duties and charges and be net, F.O.B. destination any point in New York State, as designated by the Authorized User, including dock delivery and tailgating of load, which means bringing the truck to the loading dock or loading area and bringing the load to the tailgate of the truck or liftgate for Authorized

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User personnel to remove the load without entering the truck. In addition, upon agreement, delivery locations may be expanded per the "Extension of Use" clause.

E. The Bidder may allow multiple delivery points from the same Authorized User, at their discretion, at the time the order is placed, and/or prior to delivery.

F. Delivery services performed, including any sub-contractor/third-party usage, shall be the sole responsibility of the Bidder.

2.2.2 Installation:

A. Bidders have the option of offering installation, which may be at an additional cost represented by a percentage above the net price charged and may be charged at a different percentage rate for Downstate and Upstate. For this Solicitation, Downstate is defined as the Metropolitan NYC area, which includes the following nine (9) counties: Rockland, Westchester, Nassau, Suffolk, Queens, Kings, New York, Bronx and Richmond. Upstate is defined as the rest of New York State.

B. Installation includes inside delivery as described in Section 2.2.1 – Delivery; however, it is intended for the additional work involved with regard to assembly of other than free-standing furniture, such as systems furniture, high density filing, and furniture shipped KD (“Knocked Down”), and any other assembly not considered minor assembly as described in Section 2.2.1 – Delivery. Installation does not include repairs or moving. The Authorized User must specify at time of order, and prior to delivery, if installation is required.

C. Installation shall include the following:

1. Inside delivery to the pre-agreed upon building location;

2. Unpacking boxes;

3. Checking parts for damage;

4. Assembly utilizing the installers own tools;

5. Disposal of boxes and packing materials; and

6. Clean up after completion.

NOTE: Any deviations from the above installation requirements are outside the scope of the Contracts resulting from this Solicitation, and may require the Authorized User to make a separate, non-contract purchase in accordance with the Authorized User’s standard purchasing rules and procedures.

D. Installation services performed, including the use of a sub-contractor/third party, shall be the sole responsibility of the Bidder.

E. While inside delivery and basic installation are optional services allowable under the Scope of this Solicitation, it is NOT the intent of this Solicitation to provide Authorized Users with a full-service furniture solution. Authorized Users requiring a full-service solution should consider their own solicitation, and/or utilize discretionary purchasing to obtain the additional services needed. Additionally, while installation drawings, hardware/parts lists and design services are excluded from the Scope of this Solicitation, they may be provided by the Contractor, at their discretion and at no charge, to an Authorized User upon request to assist with purchases under Category 10-Systems Furniture only.

2.2.3 Catalogs:

Contractor shall be required to furnish, without charge, to Authorized Users that request them, catalog(s) and Price Lists identical to those accepted with their Bid, including any changes (additions, deletions, etc.) pursuant to the Contract. Catalogs and Price Lists provided must reflect all products excluded from the resultant Contract, either through the omission of those portions or by obvious indications, within the catalogs and Price Lists. All offerings within the Catalog must match the Item Numbers, and Product Descriptions of the offerings listed within the Contract, and clearly indicate whether the pricing is List Price, or Net Contract Pricing. List Pricing, or Net Contract Pricing indicated within the Catalog must match that listed under the Contract.

Catalogs and Price Lists may be furnished in either hard-copy or electronic format. If available in both formats, they shall be furnished in the format preferred by the requesting Authorized User. In the case of discrepancies regarding products and/or pricing between the catalog or Price List furnished by the Contractor to the Authorized user, in either

GROUP 20915 – Furniture, All Types PAGE 16 electronic or hard copy formats, the products and pricing approved by OGS, in effect and posted on the OGS website, per the Contract, shall always take precedence. Upon request, the Contractor shall assist Authorized Users in the use of catalogs and Price Lists.

2.2.4 Finishes:

All finishes shall be applied in accordance with the highest industry standards to assure the longest possible durability.

All materials used must be lead-free and shall meet all OSHA Standards in place at the time of manufacture. Material Safety Data Sheets (MSDS) shall be made available upon request. Colors shall be manufacturer’s standard offering and shall be designated at the time of order.

2.2.5 Workmanship:

The assembly and finishing of all component parts shall be of the highest quality workmanship and comply with all applicable industry standards as set forth by, but not limited to, UL, ANSI/BIFMA, ASTM or OSHA. All upholstery shall be free of loose stitching, raw edges, ripples or sagging. The finished product shall be neat, trim and visually acceptable.

Cushion covers on removable cushions shall be easily removable for replacement and/or cleaning. Complete instructions for cushion and cushion cover removal and cleaning shall be included with, but not attached to, each piece of furniture delivered.

2.2.6 Flammability:

A. All textiles shall meet the flammability requirements of NFPA 260 latest update at the time of Bid submission when tested in accordance with the methods of that standard.

B. For upholstered furniture compliant with TB 117-2013, furniture shall be free of intentionally added flame retardant chemicals, excluding electrical components. Further, all upholstered furniture complying with TB 117-2013 shall be labeled consistent with the manner described in Section 19094 of the California Business and Professions Code as of September 1, 2016 and shall be labeled as not containing flame retardant chemicals.

C. Compliance with Cal. 133 shall be available at an extra cost, if necessary.

D. Certified Laboratory Test Results or Certificate of Compliance with Flammability Requirements on ALL upholstering fabrics and foam shall be submitted to OGS Procurement Services, upon request.

2.2.7 Construction:

Construction shall be Manufacturer’s standard design and construction resulting in good durability in high use environments. Whenever possible, cushions on upholstered furniture should be easily removable for cleaning and covers should be easily removable for laundering and replacement.

2.2.8 Decorating Aids, Catalogs, and Price Lists:

Bidder shall provide to Authorized Users, upon request and at no additional charge, the following items:

A. Quantities of fabric swatches to facilitate the interior decoration of their facilities. The swatches shall be 3” x 3” or larger, per Contractor availability, and be available for all regularly stocked fabrics.

B. Photographs or drawings of the furniture that clearly show the product size, manufacturer name and model number of each piece, and finish blocks for all finishes.

C. Price Lists and/or catalogs (as per Section 2.2.3 - Catalogs), and/or appropriate excerpts.

OGS must determine that the Bidder meets all the above requirements for the Bidder to be found responsive, as that term is defined in State Finance Law §163(1)(d). OGS reserves the right to verify all information provided by Bidder.

Bidders, if requested, shall provide a minimum of three (3) references within five (5) business days of request.

References shall be governmental accounts and shall demonstrate the ability of the vendor to fulfill contract requirements similar in scope to the size, nature and complexity of the outlined Bid. References shall include, at a minimum, the Government/Customer name, address, contact person, telephone number, e-mail address, and number of years Bidder has provided the services to the referenced account.

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2.2.9 Delivery Condition:

All furniture, with the exception of systems furniture, high density filing, frame type beds where side rails are attached to head and foot boards without the use of tools, and dining room tables shall be delivered fully assembled and ready for use. KD (‘Knocked-Down”) furniture shall be allowed, and the Authorized User shall have the option, prior to delivery, to either accept it as such, or request installation, as described in Section 2.2.2 - Installation. Other exceptions may be made with prior agreement between the Contractor and ordering Authorized User.

IMPORTANT NOTE: Failure to meet any of the above qualifications within Section 2 – Bidder Qualifications and Service Requirements, in whole or in part, may result in a rejection of the Bid of that Bidder as non-responsive.

SECTION 3 BID SUBMISSION

3.1 Performance and Bid Bonds

There are no bonds for this Contract. The Commissioner of OGS has determined that no performance, payment or Bid bond, or negotiable irrevocable letter of credit or other form of security for the faithful performance of the contract is required at any time during the term of the resulting Contract.

3.2 NYS Vendor File Registration

Prior to being awarded a Contract pursuant to this Solicitation, the Bidder and any authorized resellers who accept payment directly from the State, must be registered in the New York State Vendor File (Vendor File) administered by the Office of the State Comptroller (OSC). This is a central registry for all vendors who do business with New York State Agencies and the registration must be initiated by a State Agency. Following the initial registration, a unique New York State ten-digit vendor identification number (Vendor ID) will be assigned to your company and to each of your authorized resellers (if any) for use on all future transactions with New York State. Additionally, the Vendor File enables a vendor to use the Vendor Self-Service application to manage all vendor information in one central location for all transactions related to the State of New York.

If Bidder is already registered in the New York State Vendor File, the Bidder must enter its Vendor ID on the first page of this Solicitation. Authorized resellers already registered should list the Vendor ID number along with the authorized reseller information. (The Vendor ID number is not the same as a SOCIAL SECURITY NUMBER or a TIN/FEIN number.)

If the Bidder is not currently registered in the Vendor File, the Bidder must request assignment of a Vendor ID from OGS. Bidder must complete the OSC Substitute W-9 Form (http://www.osc.state.ny.us/vendors/forms/ac3237s_fe.pdf) and submit the form to OGS in advance of Bid submission. Please send this document to the Designated Contact identified in the Solicitation. In addition, if an authorized reseller is to be used that does not have a Vendor ID, an OSC Substitute W-9 form should be completed by each authorized reseller and submitted to OGS. OGS will initiate the vendor registration process for all Bidders and authorized resellers. Once the process is initiated, registrants will receive an e-mail identifying their Vendor ID and instructions on how to enroll in the online Vendor Self-Service application.

For more information on the Vendor File please visit the following website: https://osc.state.ny.us/vendors/

3.3 Format of Bid Submission

A. The complete Bid package must be received by OGS Procurement Services by the date and time of the Bid opening. Late Bids shall be handled in accordance with Appendix B, Late Bids. Any Bid pricing or portions thereof submitted on USB flash drive that are incomplete or that cannot be opened/accessed may be rejected.

With respect to any Bid documents in Excel format, only those cells provided for entering Bid pricing and information are to be accessed by the Bidder.

Situations where Bids are susceptible to Disqualification may include:

1. E-mail or facsimile Bid submissions, which are not acceptable, and

2. Absent Price Pages (Electronically Searchable Price List (such as Attachment 1 – Pricing (Excel)), a

PDF catalog or manufacturers Price List (PDF or Excel)), which are not acceptable.

http://www.osc.state.ny.us/vendors/forms/ac3237s_fe.pdf https://osc.state.ny.us/vendors/

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