2300023273i_phased-solicitation_rev_112123.pdf

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Phased Solicitation (Revised 11/21/23)

23273.docx (Revised 11/21/23)

PHASE ONE BID OPENING

DATE: December 12, 2023

TIME: 1:30 P.M. EST

TITLE: Group 23000 – Miscellaneous Office Supplies (Statewide)

PHASED SOLICITATION NUMBER: 23273

Classification Codes: 14 & 44

CONTRACT PERIOD: Three years with renewal options for up to two (2) additional 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 Phased Solicitation.

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

Email Address: stacie.craft@ogs.ny.gov Stacie Craft Contract Management Specialist 1 Telephone: (518) 473-4271 E-mail: stacie.craft@ogs.ny.gov

Melissa Carriero Contract Management Specialist 2 Telephone: (518) 474-0795 E-mail: melissa.carriero@ogs.ny.gov

Jamie Nusbaum Assistant Director Telephone: (518) 474-5340 E-mail: edward.nusbaum@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: ______________

Group 23000 – Miscellaneous Office Supplies (Statewide) Page 2

23273i.docx (Revised 11/21/23)

Bidder Certification and Affirmation

Bidder certifies and affirms as follows:

1. This Bid is an irrevocable offer for 90 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 Phased Solicitation.

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

3. The Bidder has read and understands the provisions of the Phased Solicitation, 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 23000 – Miscellaneous Office Supplies (Statewide) Page 3

Table of Contents

1. INTRODUCTION

1.1 Overview

1.2 Scope

1.3 Estimated Quantities

1.4 Key Events/Dates

1.5 NYS Contract Reporter

1.6 Bidder Questions

1.7 NYS Comptroller Approval

1.8 Summary Of Policy And Prohibitions On Procurement Lobbying

1.9 Definitions

1.10 Appendices and Attachments

1.11 Conflict of Terms

2. BIDDER QUALIFICATIONS

2.1 Minimum Bidder Qualifications

2.2 Supplier Agreement

3. PHASE 1 BID SUBMITTAL

3.1 Performance and Bid Bonds

3.2 New York State Vendor File Registration

3.3 Format of Phase 1 Bid Submission

3.4 Content of Phase 1 Bid Package

3.5 Bid Envelopes and Packages

3.6 Bid Delivery

3.7 Important Building Access Procedures

3.8 NYS Required Certifications

3.9 Distributor’s Certificate

3.10 Bid Deviations

3.11 Bid Opening Results

3.12 Bid Liability

3.13 Responsiveness/Phase 1

3.14 Incorporation

Group 23000 – Miscellaneous Office Supplies (Statewide) Page 4

4. PHASE 2 REVERSE AUCTION INFORMATION

4.1 Reverse Auction Information

4.2 Reverse Auction Procedures

4.3 Responsiveness/Phase 2

4.4 Firm Offer

4.5 New York State Reserved Rights

5. METHOD OF AWARD

5.1 Method of Award

5.2 Notification of Award

6. TERMS AND CONDITIONS

6.1 Contract Term and Extensions

6.2 Short Term Extension

6.3 Price

6.4 Contract Pricelist

6.5 Contract Pricelist Updates

6.6 Core List Product Substitutions

6.7 Best Pricing Offer

6.8 Price Structure

6.9 Procurement Instructions for Authorized Users

6.10 Ordering

6.11 Dedicated NYS Website/Web-Based Ordering

6.12 Minimum Order

6.13 Purchasing Card Orders

6.14 Provision of Printed Catalogs

6.15 Invoicing and Payment

6.16 Product Delivery

6.17 Product Returns and Exchanges

6.18 Contract Administration

6.19 NYS Financial System (SFS)

6.20 Accessibility of Web-Based Information and Applications Policy

Group 23000 – Miscellaneous Office Supplies (Statewide) Page 5

6.21 N.Y. State Finance Law § 139-l

6.22 Insurance

6.23 Report of Contract Usage

6.24 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

6.25 Participation Opportunities For New York State Certified Service-Disabled Veteran Owned Businesses . 38

6.26 Resellers

6.27 NYS Vendor Responsibility

6.28 NYS Tax Law Section 5-a

6.29 “OGS or Less” Guidelines

6.30 Use of Recycled or Remanufactured Materials

6.31 Bulk Delivery and Alternate Packaging

6.32 Environmental Sustainability and NYS Executive Order Number 22

6.33 Consumer Products Containing Mercury

6.34 Diesel Emission Reduction Act

6.35 Overlapping Contract Products

6.36 Preferred Source Products

6.37 Non-State Agencies Participation in Centralized Contracts

6.38 Extension of Use

6.39 New Accounts

6.40 Centralized Contract Modifications

6.41 Drug and Alcohol Use Prohibited

6.42 Traffic Infractions

Group 23000 – Miscellaneous Office Supplies (Statewide) Page 6

APPENDICES

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

ATTACHMENTS

Attachment 1 – Office Supplies Workbook (Revised 11/21/23) Attachment 2 – NYS Required Certifications Attachment 3 – Encouraging Use of NYS Businesses Attachment 4 – Insurance Requirements (Revised 11/21/23) Attachment 5 – Bidder Information Questionnaire Attachment 6 – Bidder Submission Checklist (Revised 11/21/23) Attachment 7 – Bidder Questions Form Attachment 8 – Report of Contract Usage Attachment 9 – Certification Under Executive Order No. 16 Attachment 10 – Contractor/Reseller/Distributor Information Sheet Attachment 11 – Distributor’s Certificate

Group 23000 – Miscellaneous Office Supplies (Statewide) Page 7

1. INTRODUCTION

1.1 Overview

This Phased Solicitation is issued by the New York State (“NYS”) Office of General Services (“OGS”), Procurement Services for the purposes of awarding a statewide commodity Contract for Miscellaneous Office Supplies (Statewide) as specified herein for all Authorized Users eligible to purchase through this Phased Solicitation.

This Phased 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 Phased Solicitation thoroughly and to precisely follow the instructions included in the Phased Solicitation and all attachments.

There are two (2) phases to this Phased Solicitation, with the first (Phase 1) being a pre-qualification of Bidders for responsiveness and responsibility. Only Bidders deemed responsive and responsible at the conclusion of Phase 1 will be eligible to participate in the Phase 2 Reverse Auction/Online Bidding Event. OGS will provide written notification to those Bidders who qualify for participation in the Phase 2 Reverse Auction /Online Bidding Event. One Contract award will be made to the Bidder having the lowest Grand Total Bid at the conclusion of the Phase 2 Reverse Auction/Online Bidding Event.

The online Reverse Auction will be managed and hosted by eBridge Business Solutions, LLC (hereinafter referred to as “eBridge”). All Bidders must sign and submit Appendix D - Supplier Agreement, with the Phase 1 Bid materials. Pursuant to this Phased Solicitation eBridge will work with each Bidder that is qualified in Phase 1 to prepare for the Reverse Auction. Preparation may include, but is not limited to, configuration of the auction computer system, testing of the Bidder interface, discussion of the online Reverse Auction event procedures, placeholder bids and other documentation, and training. The Contractor is required to pay a Transaction Fee of one half of one percent (0.50%) of the purchase price for all purchases made against the resulting Contract in year one of the Contract, which Transaction Fee shall not exceed $49,500. There will be no fees collected by eBridge after year one.

Following Phase 1, at least two (2) weeks prior to the start of the Reverse Auction (Phase 2), Bidders will submit to eBridge a Reverse Auction Workbook identifying Bidder’s current List Prices for the Core List and Non-Core List Products OGS has identified as available by Bidder in Bidder’s Printed Catalog and/or Online Marketplace.

At least forty-eight (48) hours prior to the start of the Reverse Auction, Bidders will submit a placeholder bid with eBridge containing Bidder’s initial offering prices to ensure 1) the systems are operating correctly, 2) that the Bidder understands the bidding process and has bid every Product, and (3) there are no deviations triggering a price realism analysis. During the Reverse Auction, Bidders shall provide itemized pricing on all Core List Products, which shall consist of approximately 240 Products. No Core List Product price offered by a Bidder during the Reverse Auction may be above current List Prices as identified in the Bidder’s Reverse Auction Workbook. Bidders shall also provide a discount from List Prices on Non-Core List Products, which shall consist of approximately 580 Products subdivided into twelve (12) separate subcategories. A single discount shall be bid for each subcategory for all Non-Core List Products listed in the respective subcategory. All Core List and Non- Core List Products and subcategories are set forth in Attachment 1 – Office Supplies Workbook (Revised 11/21/23). More detailed information is set forth in Section titled Responsiveness, and Section titled, Method of Award.

All prices shall be held confidential by eBridge and OGS from the time of receipt of the placeholder bids through the completion of the Reverse Auction. During the Reverse Auction, Bidder will be advised as to its rank against other Bidders relative to individual line items, as well as, Grand Total Bid, but will not be advised of other Bidders’ names, actual bid prices, discounts, or Grand Total Bid.

Contractor will be required to maintain an approved New York State Contract dedicated website with a web-based ordering system from which all Authorized Users are able to make purchases. In addition, Contractor must post on this website the Core List of Products, with Contract pricing. Contractor shall also post a pricelist of all

Group 23000 – Miscellaneous Office Supplies (Statewide) Page 8 other Products being offered by Contractor with prices consistent with the discount structure applicable to each Non-Core List subcategory in which the Product falls. Initial copies of both lists shall be provided by the winning Bidder to the Contract administrator within five (5) business days of the conclusion of the Reverse Auction. Failure to do so may result in OGS moving on to the next low Bidder for possible Contract Award.

1.2 Scope

The purpose of this Phased Solicitation and resultant Contract is to provide Authorized Users with a means of acquiring Miscellaneous Office Supplies on a statewide basis.

Products within Scope The following Product categories are within the scope of the Contract. A detailed overview of Products falling within each of these categories can be found in Attachment 1 - Office Supplies Workbook (Revised 11/21/23).

1. Paper;

2. Ink & Toner Cartridges;

3. Office Supplies;

4. Janitorial and Sanitation Supplies;

5. Technology/Electronics and Accessories; and

6. Breakroom Supplies.

Excluded Products There are numerous Products excluded from the scope of this Contract. A summary of the excluded Products follows:

1. All Services (except delivery);

2. Furniture such as desks, workstations, chairs, tables, chair carts, bookcases, commercial shelving, file cabinets, storage cabinets, lockers, and privacy screens;

3. Hand and platform trucks;

4. Products weighing over 50 lbs.;

5. Computers;

6. Printers (not including desktop label printers), copiers, facsimile machines;

7. Software requiring a licensing agreement; and

8. Promotional Products.

1.3 Estimated Quantities

The Contract resulting from this Phased Solicitation will be an Indefinite Delivery, Indefinite Quantity (IDIQ) Contract. All quantities or dollar values listed within Attachment 1 - Office Supplies Workbook (Revised 11/21/23) are based on historical annual purchases of Core List and Non-Core List Products and are listed for evaluation purposes only and are not estimates of future purchasing patterns. Numerous factors could cause the actual volume of Products purchased under the Contract to vary substantially from the values identified in Attachment 1 and OGS makes no guarantee or warrantee that the purchases under the Contract will be similar in volume. Procurement Services advises all Bidders of the following:

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

2. The actual value of the resultant Contract is indeterminate and will depend upon actual Authorized User demand, and actual quantities ordered during the contract period;

3. The pricing offered by the Contractor may affect the purchasing volumes;

4. The Contractor is deemed to be a knowledgeable seller of Office Supplies and aware of the risks and rewards involved in a New York State centralized IDIQ Office Supplies Contract.

In Procurement Services’ experience, depending on the price of a particular Product, the actual volume of purchases for that Product could be substantially in excess of, or substantially below, the historical values identified herein, and such values are included solely for evaluation purposes. Specifically, if Contract pricing is lower than historical pricing, actual quantities purchased could be substantially greater than the historical

Group 23000 – Miscellaneous Office Supplies (Statewide) Page 9 amounts. If Contract pricing is higher than historical pricing, actual quantities purchased could be substantially lower than the historical amounts. By participating in the Reverse Auction, Bidder acknowledges the foregoing and agrees that actual good faith purchasing volumes during the term of the resulting Contract could vary substantially from the evaluation historical values provided in this Phased Solicitation. By participating in the Reverse Auction, Bidder further acknowledges that it will fully deliver all orders placed by the more than 5,000 Authorized Users for the Products at the prices approved by OGS throughout the life of the Contract, pursuant to the delivery terms contained herein.

1.4 Key Events/Dates

EVENT DATE TIME

Phased Solicitation Release September 28, 2023 N/A

Closing Date for Bidder Questions October 13, 2023 5:00 PM ET

OGS Procurement Services’ Responses to Bidder

Questions November 21, 2023 N/A

Phase 1 Bid Opening Date and Time December 12, 2023 1:30 PM ET

Phase 2 Online Bidding Event TBD TBD

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

1.5 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 Phased 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 Phased 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 Phased Solicitation documents.

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

1.6 Bidder Questions

All questions regarding this Phased Solicitation should be submitted using Attachment 7 – Bidder Questions Form, citing the applicable Phased Solicitation document name and document section. The completed form must be emailed to stacie.craft@ogs.ny.gov by the date and time indicated in the Key Events/Dates section.

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 that 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 Phased Solicitation.

If Bidder intends to submit a Bid that deviates from the requirements of the Phased 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 titled, Bid Deviations for additional information.

mailto:stacie.craft@ogs.ny.gov

Group 23000 – Miscellaneous Office Supplies (Statewide) Page 10

1.7 NYS Comptroller Approval

In accordance with Section 112 of the State Finance Law, a Contract resulting from this Phased 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 Comptroller (“OSC”). Purchase orders or other procurement transactions issued under such Contract(s) may also be subject to OSC approval.

1.8 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/

1.9 Definitions

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

“Authorized Dealer” shall refer to a company that is authorized to market and sell a Distributor’s Products.

“Awarded Bidder” for the purposes of the Supplier Agreement, Awarded Bidder is synonymous with

Contractor. See also “Contractor.”

“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 Phased Solicitation.

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

“Buyer” for the purposes of the Supplier Agreement, Buyer shall refer to OGS.

“Contractor” shall refer to a responsive and responsible Bidder who has offered the lowest Grand Total Bid price at the conclusion of the Reverse Auction and is working under an executed Contract with New York State.

For the purpose of the Supplier Agreement, Awarded Bidder is synonymous with Contractor. See also “Awarded Bidder.”

“Core List” shall refer to the list of Products specifically identified by name, SKU, historical annual purchases, etc., and for which a set price will be bid during the Reverse Auction and the winning Bidder’s price shall remain firm for the first year of the Contract.

“Delivery Compliance Rate” shall mean the ratio of the number of deliveries of Products under the Contract made in full conformance, without any error, pursuant to the terms of Section titled Ordering, Section titled Product Delivery, and the Authorized User’s Purchase Order, to the total number of orders of Products under the Contract within a period specified by OGS.

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

Group 23000 – Miscellaneous Office Supplies (Statewide) Page 11

“Distributor” shall refer to a company engaged in the large scale distribution of Miscellaneous Office Supplies on a national level as a wholesaler and/or retailer, with established distribution and warehousing capabilities.

These include companies such as Staples Contract & Commercial, ODP Business Solutions, WB Mason, Essendant, and SP Richards.

“Grand Total Bid” shall refer to the total sum of the Bid prices of the Core List and the Non-Core List Products offered by an individual Bidder during the Reverse Auction.

“List Price” shall mean manufacturer’s suggested retail price (MSRP) or the nationally published price in a

Distributor’s Printed Catalog and/or Online Marketplace (whichever is lower).

“Miscellaneous Office Supplies” shall refer to a wide range of small, expendable materials that are used on a regular or daily basis by Authorized Users and includes, but is not limited to, office supplies, break room supplies, paper, technology/electronics and accessories, janitorial/sanitation supplies, and ink/toner cartridges, as listed in Attachment 1 – Office Supplies Workbook (Revised 11/21/23) (and excluding items identified under “Excluded Products” in Section titled Scope). Further detail on the Core List and the Non-Core List Products, and subcategories of the Non-Core List Products can be found in Attachment 1 – Office Supplies Workbook (Revised 11/21/23).

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

“Net Price” shall be (1) for Core List Products, the exact price bid, (2) for Non-Core Products, the List Price, less the applicable discount bid by the Bidder/Contractor and approved by OGS, and (3) shall be the price paid by Authorized Users of the resultant Contract.

“Non-Core List” shall refer to the subcategories and associated Products identified by name, SKU, historical annual purchases, etc., and shall not include Core List Products. Bidders shall bid a single discount for each subcategory of Non-Core List Products during the Reverse Auction.

“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.

“N/A” is a common abbreviation for ‘not applicable’ or ‘not available,’ used to indicate when information in a certain field on a table is not provided, either because it does not apply to a particular case in question or because it is not available.

“Online Marketplace” shall mean the Internet site where a Bidder conducts online sales and other business transactions.

“Phase 1" shall refer to the first phase of the bidding process whereby the Bidder shall submit all administrative requirements of the Bid. Bidders deemed responsive and responsible under Phase 1 will qualify to participate in Phase 2.

“Phase 2” shall refer to the second phase of the bidding process ,where Bidders deemed responsive and responsible under Phase 1 will be eligible to participate in an online reverse auction event (to be administered by eBridge) and submit set prices for the Core List Products and a single discount percentage off of List Price for each of the Non-Core List subcategories. Also referred to as Reverse Auction.

“Phased Solicitation” shall refer to this document, its appendices and attachments as well as all documents and electronic records associated with the Reverse Auction.

Group 23000 – Miscellaneous Office Supplies (Statewide) 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).

“Price Realism” shall refer to an evaluative concept of whether a Bidder’s proposed prices are too low, such that there may be a risk of poor performance.

“Printed Catalog” shall refer to a hardcopy printed catalog historically offered in the Miscellaneous Office Supplies Industry by Distributors such as Staples Contract & Commercial, ODP Business Solutions, WB Mason, Essendant, and SP Richards.

“Procurement Services” shall refer to a business unit of OGS.

“Reseller” shall refer to an alternate distribution source under any model for distribution of Contractor’s

Product other than direct from the Contractor. Resellers include but are not limited to approved value added resellers (VARs), dealers, sales agents, and alternate channel partners.

“Reverse Auction” shall refer to the Phase 2 portion of this Phased Solicitation. Also referred to as “Online Bidding Event” or “Electronic Sealed Bidding Event.”

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

“Substitute” shall mean a Product offered in lieu of the applicable Product specified on Attachment 1 – Office

Supplies Workbook (Revised 11/21/23).

“Supplier Agreement” shall refer to Appendix D which is the agreement between Bidder and eBridge Business Solutions LLC (“eBridge”) permitting Bidder to participate in the Reverse Auction conducted by eBridge on behalf of OGS. Supplier Agreement is synonymous with Electronic Bid Event Form.

“Transaction Fee” shall refer to monies as set forth in Appendix D – Supplier Agreement that must be paid by the Awarded Bidder (i.e., Contractor) to eBridge as a result of sales under the resulting Contract.

“0 (Zero)” is both a number and the numerical digit used to represent that number in numerals. It is the integer immediately preceding 1 (one).

In addition to the above definitions, the following terms are defined as follows regardless of whether they are or are not capitalized:

1. “May” denotes the permissive in a Contract clause or specification. Refers to items or information that the State has deemed are worthy of obtaining, but not required or obligatory. Also see “Should.”

2. “Must” denotes the imperative in a Contract clause or specification. Means required - being determinative/mandatory, as well as imperative. Also see “Shall.”

3. “Shall” denotes the imperative in a Contract clause or specification. Means required - being determinative/mandatory, as well as imperative. Also see “Must.”

Group 23000 – Miscellaneous Office Supplies (Statewide) Page 13

4. “Should” denotes the permissive in a Contract clause or specification. Refers to items or information that the State has deemed are worthy of obtaining, but not required or obligatory. Also see “May.”

1.10 Appendices and Attachments

The following appendices and attachments, attached hereto, are hereby expressly made a part of this Phased

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 – Federal Funding Agency Mandatory Terms and Conditions Appendix D – Supplier Agreement

Attachment 1 – Office Supplies Workbook (Revised 11/21/23) Attachment 2 – NYS Required Certifications Attachment 3 – Encouraging Use of NYS Businesses Attachment 4 – Insurance Requirements (Revised 11/21/23) Attachment 5 – Bidder Information Questionnaire Attachment 6 – Bidder Submission Checklist (Revised 11/21/23) Attachment 7 – Bidder Questions Form Attachment 8 – Report of Contract Usage Attachment 9 – Certification Under Executive Order No. 16 Attachment 10 – Contractor/Reseller/Distributor Information Sheet Attachment 11 – Distributor’s Certificate

1.11 Conflict of Terms

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

Appendix A, Standard Clauses for New York State Contracts;

The Phased Solicitation (Revised 11/21/23);

Appendix B, General Specifications;

Attachment 1 - Office Supplies Workbook (Revised 11/21/23);

Attachment 4 - Insurance Requirements (Revised 11/21/23);

Appendix C - Federal Funding Agency Mandatory Terms and Conditions;

Appendix D - Supplier Agreement;

Attachment 8 - Report of Contract Usage;

All other appendices and attachments to the Phased Solicitation

Group 23000 – Miscellaneous Office Supplies (Statewide) Page 14

2. BIDDER QUALIFICATIONS

2.1 Minimum Bidder 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. 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:

1. Bidder shall be either:

a. a Distributor in business for a minimum of five (5) years supplying Miscellaneous Office Supplies, who has the ability to provide a minimum of 5,000 Products meeting the scope of the Phased Solicitation;

OR

b. an Authorized Dealer in business for a minimum of five (5) years supplying Miscellaneous Office Supplies, who has the ability to provide a minimum of 5,000 Products meeting the scope of the Phased Solicitation.

An Authorized Dealer intending to participate in this Phased Solicitation must guarantee during Phase 1 that it has a source of supply from a Distributor who has the ability to provide the Authorized Dealer with a minimum of 5,000 Products meeting the scope of the Solicitation, and that the Distributor has agreed to supply the Authorized Dealer with all quantities of Products required by the Authorized Dealer in fulfillment of its obligations under the resultant Contract. Authorized Dealers must provide a completed Attachment 11 – Distributor’s Certificate with their Bid attesting to this support.

2. Bidder must have maintained a business establishment capable of performing the work herein described for the past consecutive three (3) years, immediately preceding the Phase 1 Bid Opening Date, and is capable of processing and shipping large numbers of orders to over 5,000 destinations throughout the State of New York.

3. Bidder must have held at least one contract with a government entity for the sale of Miscellaneous Office Supplies and provided a dedicated Internet site for such contract within the past consecutive three (3) years immediately preceding the Phase 1 Bid Opening Date.

a. Information provided as evidence of this requirement shall include, but not be limited to, name of government entity, government contact name, number and email as well as start and end date of (each) such contract.

b. Bidder must also provide a copy of such contract(s) with their Bid.

Failure by a Bidder to provide any of the above information or to meet any of the above qualifications in whole or in part may result in disqualification of Bidder from participating in Phase 2.

2.2 Supplier Agreement

As a condition of participation in the Reverse Auction event, Bidders must sign and return Appendix D - Supplier Agreement with their Bid during Phase 1. Appendix D - Supplier Agreement outlines the terms and conditions of the Reverse Auction event including, but not limited to, use of eBridge Business Solutions LLC Reverse Auction solution; information security, audit rights, and the obligation of the Awarded Bidder to pay a Transaction Fee of one half of one percent (0.50%) of the purchase price for all purchases made against the resulting Contract in year one of the Contract, which Transaction Fee shall not exceed $49,500. There will be no fees collected by eBridge after year one.

FAILURE TO SIGN AND RETURN APPENDIX D – SUPPLIER AGREEMENT PRIOR TO THE CONCLUSION OF

PHASE 1 SHALL DISQUALIFY BIDDER FROM PARTICIPATING IN THE REVERSE AUCTION.

Group 23000 – Miscellaneous Office Supplies (Statewide) Page 15

3. PHASE 1 BID SUBMITTAL

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 New York State 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 Phase 1 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. 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 susceptible to Disqualification may include:

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

2. Absent Attachment 1 – Office Supplies Workbook (Revised 11/21/23) are not acceptable.

B. It is recommended that the Bidder open, review and save/download all electronic files to the Bidder’s hard drive and/or to a secure back-up location. Only completed files (in the specified format) should be saved to a USB flash drive for submittal.

C. Any indicators or messages that have been built into the attachments are informational only and provided solely for the purpose of assisting Bidders in completing the attachments. The presence or absence of notes or indicators is not a determination by the State as to the sufficiency of the attachments with respect https://osc.state.ny.us/vendors/

Group 23000 – Miscellaneous Office Supplies (Statewide) Page 16 to the Phased Solicitation requirements. Bidders remain responsible for reviewing the attachments to ensure compliance with the Phased Solicitation requirements.

D. Bidders are responsible for the accuracy of their Bids. All Bidders are directed to take extreme care in developing their Bids. Bidders are cautioned to carefully review their Bids prior to Bid submission. A Bid that fails to conform to the requirements of the Phased Solicitation may be considered non-responsive and may be rejected.

3.4 Content of Phase 1 Bid Package

A complete Phase 1 Bid consists of submission of the following documents:

Two (2) USB flash drives containing the following completed documents and hard copy documents as indicated in the table below:

Phased Solicitation Document Electronic

(USB)

Original (Hard Copy)

a. Pages 1 and 2 of the Phased Solicitation with original ink signature. X (PDF) X b.

Completed Attachment 1 – Office Supplies Workbook (Revised 11/21/23) – must be included with the Bid/proposal at the time of the Bid opening.

X (Excel)

c. Bid Solicitation Updates (if applicable), with original ink signature. X (PDF)

d. Completed Attachment 2 – NYS Required Certifications with original ink signature. X (PDF)

e. Completed Attachment 3 – Encouraging Use of NYS Businesses. X (PDF)

f. Proof of Compliance with Attachment 4 – Insurance Requirements (Revised 11/21/23). X (PDF)

g. Completed Attachment 5 – Bidder Information Questionnaire. X (Excel)

h. Completed Attachment 6 – Bidder Submission Checklist (Revised 11/21/23). X (Excel)

i. Attachment 7 – Bidder Questions Form. Not required to be submitted with the bid

j. Attachment 8 – Report of Contract Usage. Not required to be submitted with the bid

k. Completed Attachment 9 – Certification Under Executive Order 16 with original ink signature. X (PDF)

l. Attachment 10 – Contractor/Reseller/Distributor Information Sheet. X (PDF)

m. Attachment 11 – Distributor’s Certificate with original ink signature, if Bidder is an Authorized Dealer. X (PDF)

Group 23000 – Miscellaneous Office Supplies (Statewide) Page 17 n.

Completed Appendix C – Federal Funding Agency Mandatory Terms and Conditions with original ink signature, with section 10 completed (page 6).

X (PDF)

o. Completed Appendix D – Supplier Agreement with original ink signature. X (PDF)

p. Completed MWBE 100, MWBE Utilization Plan with original ink signature. X (PDF)

q. Completed SDVOB 100, SDVOB Utilization Plan with original ink signature. X (PDF)

.r. Completed EEO 100 – Equal Employment Opportunity Staffing Plan with original ink signature: http://ogs.ny.gov/MWBE/Forms. X (PDF) s.

Completed ST-220CA – Contractor Certification, notarized with original ink signatures.

https://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf

X (PDF)

t.

Completed Standard Vendor Responsibility Questionnaire with original ink signature or Certification that a Questionnaire has been completed online.

X (PDF)

U.

Pursuant to Section titled, Minimum Bidder Qualifications, Bidder shall provide:

Evidence Bidder has been in business for a minimum of five (5) years supplying Miscellaneous Office Supplies, and has the ability to provide a minimum of 5,000 Products meeting the scope of the Phased Solicitation.

Evidence Bidder has maintained a business establishment capable of performing the work herein described for the past consecutive three (3) years, immediately preceding the Phase 1 Bid Opening Date, and is capable of processing and shipping large numbers of orders to over 5,000 destinations throughout the State of New York.

Evidence Bidder has held at least one contract with a government entity for the sale of Miscellaneous Office Supplies and provided a dedicated Internet site for such contract within the past consecutive three (3) years immediately preceding the Phase 1 Bid Opening Date. Bidder must provide a copy of such contract(s) with their Bid.

X (PDF)

All documents must be completed in accordance with the instructions for the individual document, which may include an original ink signature or an original notarized ink signature. At this time, OGS cannot accept an eSignature that has been generated by software.

Documents should be submitted as an electronic copy, and in the format specified in the list above for each document (e.g., PDF, Excel), following the instructions provided in this section. Electronic copies of documents must be submitted on two (2) USB flash drives, with each USB flash drive containing a complete set of the http://ogs.ny.gov/MWBE/Forms https://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf

Group 23000 – Miscellaneous Office Supplies (Statewide) Page 18 submitted documents. When submitting electronic documents, include a printed copy of pages 1 and 2 of the Phased Solicitation with the Bid (see Bid Envelopes and Packages, below).

Electronic copies of documents provided in PDF format should be saved as an Adobe Acrobat PDF, AND

THEN converted to allow for Optical Character Recognition (OCR) (see https://www.adobe.com/acrobat/how-to/ocr-software-convert-pdf-to-text.html).

Bidder is responsible for retaining the original documents with original signatures that have been scanned and submitted electronically until a determination of award is made. If an award is made to Bidder, the documents with original signatures shall be retained by the Bidder for a period of six (6) years after the term of the contract has ended. Bidder shall submit such documents with original signatures to OGS upon request.

In the case of discrepancies between paper copies (if applicable) and USB flash drive submissions of the documents submitted by the Bidder, the electronic USB flash drive copy shall take precedence over the paper copy.

3.5 Bid Envelopes and Packages

All Bids should have a label on the outside of the envelope or package itemizing the following information:

1. BID ENCLOSED (preferably bold, large print, all capital letters)

2. Phased Solicitation number (Phased Solicitation #23273)

3. Bid Opening Date and Time (December 12, 2023 @ 1:30 P.M.)

4. The number of boxes or packages (e.g., 1 of 2; 2 of 2)

All Bids should also include a PRINTED copy of page 1 and 2 of the Phased Solicitation, completed with the Bidder’s information. This printed copy of page 1 and 2 should be placed in the envelope with the two (2) USB flash drives.

Failure to complete all information on the Bid envelope and/or package may necessitate the opening of the Bid prior to the scheduled Bid opening.

3.6 Bid Delivery

Bids shall be delivered to the following address on or before 1:30 p.m. ET, on or before the Bid opening date as stated in Section titled, Key Events/Dates:

State of New York Executive Department Office of General Services

Procurement Services Corning Tower - 38th Floor Reception Desk

Empire State Plaza Albany, NY 12242

Attn: Bid Enclosed – Phased Solicitation 23273

Bidder assumes all risks for timely, properly submitted deliveries. The time of Bid receipt is determined by OGS according to the timeclock at the above-noted location. A Bidder is strongly encouraged to arrange for delivery of Bids to OGS prior to the date of the Bid opening. Late Bids shall be rejected, except as provided in Appendix B, Late Bids. All Bids and accompanying documentation shall become the property of the State of New York and shall not be returned. Refer to “Important Building Access Procedures” clause.

https://www.adobe.com/acrobat/how-to/ocr-software-convert-pdf-to-text.html https://www.adobe.com/acrobat/how-to/ocr-software-convert-pdf-to-text.html

Group 23000 – Miscellaneous Office Supplies (Statewide) Page 19

3.7 Important Building Access Procedures

To access the Corning Tower, all visitors must check in by presenting photo identification at the Corning Tower Information Desk. Delays may occur due to a high volume of visitors. Visitors conducting Procurement Services business are encouraged to pre-register for building access by contacting the Procurement Services Receptionist at (518) 474-6262 or Customer Services (518) 474-6717 at least 24 hours prior to the visit. If no answer, leave a detailed phone message including the following information: reason for visit and/or delivering a bid, solicitation number, date and estimated time of delivery or visit, first and last name of visitor, and visitor’s cell phone number. Visitor may email customer.services@ogs.ny.gov providing the same information. Visitors who are not pre-registered will be directed to a designated phone at the Corning Tower Information Desk, where they are to call the Procurement Services Receptionist (518) 474-6262 or Customer Services (518) 474- 6717 for access. The visitor will be registered at that time. Please note that delays may occur and building access procedures may change or be modified at any time. Bids are not allowed to be left at the Corning Tower Information Desk.

3.8 NYS Required Certifications

A Bidder is required to submit the signed New York State Required Certifications (Attachment 2 – NYS

Required Certifications) with its Phase 1 Bid submission.

3.9 Distributor’s Certificate

Bids will be accepted only from Distributors or Authorized Dealers who meet all Bidder Qualifications specified herein. Authorized Dealers are required to provide a completed Attachment 11 – Distributor’s Certificate with their Bid submission.

Through completion and submission of the Distributor’s Certificate, the Distributor guarantees that the Bidder is an Authorized Dealer and has agreed to supply the Bidder with all quantities of Products required by the Bidder in fulfillment of its obligations under any resultant Contract with the State. An Authorized Dealer intending to participate in this Phased Solicitation must guarantee during Phase 1 that it has a source of supply from a Distributor who has the ability to provide the Authorized Dealer with a minimum of 5,000 Products meeting the scope of the Phased Solicitation.

The Distributor’s Certificate is to be forwarded by the Bidder to its proposed Distributor for completion and returned to the Bidder for inclusion with its Bid. The Commissioner reserves the right to investigate or make any inquiry into the capabilities of any Bidder to properly perform under any resultant Contract. See Appendix B, Employees, Subcontractors and Agents.

3.10 Bid Deviations

Bids must conform to the terms set forth in the Phased Solicitation. As set forth in Bidder Questions, if Bidder intends to submit a Bid that deviates from the requirements of the Phased Solicitation in…