23054-invitation-for-bids.pdf

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Invitation for Bids

RETURN THIS PAGE AS PART OF BID OR NO BID

23054i.docx

BID OPENING:

DATE: May 9, 2017

TIME: 11:00 A.M. EST

TITLE: Group 40061 – PROTECTIVE OUTERWEAR (Firefighting, Emergency/Rescue, and Safety) (Statewide)

INVITATION FOR BIDS NUMBER:

23054

Classification Codes: 46, 53

CONTRACT PERIOD: January 1, 2018 to December 31, 2023 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 Invitation for Bids.

All questions relating to this Invitation for Bids must be addressed to the Designated Contacts.

PRIMARY CONTACT

Neilene Rabideau

Contract Management Specialist 1 Telephone: (518) 473-6518

Email: neilene.rabideau@ogs.ny.gov

SECONDARY CONTACT

Joseph Better

Contract Management Specialist 2 Telephone: (518) 474-7107

Email: joseph.better@ogs.ny.gov

For MWBE Questions Only For SDVOB Questions Only

Email Address: MWBE@ogs.ny.gov Email Address: VeteransDevelopment@ogs.ny.gov Anuola Surgick

Phone: (518) 486-9284 Tryphina Ramsey

Phone: (518) 486-9284 Anthony Tomaselli

Phone No. (518) 474-2015

For INSURANCE Questions Only Email Address: ogs.sm.insrev@ogs.ny.gov

Robert Marriott

(518) 473-6510

Kelly Smith

(518) 473-0310

Leigh Brown

(518) 457-6595

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 FLASH DRIVE OTHER # of Binders/Packages: ___________ PURC. MEMO CD/DVD SDHC CARD ____________ Documented by: ______________

GROUP 40061 – PROTECTIVE OUTWEAR Page 2 of 32 (Firefighting, Emergency/Rescue, Safety) (Statewide)

Bidder Certification and Affirmation

Bidder certifies and affirms as follows:

1. This Bid is an irrevocable offer for 60 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://www.ogs.ny.gov/aboutOgs/regulations/defaultSFL_139j-k.asp.

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

GROUP 40061 – PROTECTIVE OUTWEAR Page 3 of 32

TABLE OF CONTENTS

INTRODUCTION

1.1 OVERVIEW

1.2 SCOPE

1.3 ESTIMATED QUANITIES

1.4 KEY EVENTS/DATES

1.5 BIDDER QUESTIONS

1.6 MWBE INTEREST IN PARTICIPATING WITH BIDDERS

1.7 PARTICIPATION OPPORTUNITIES FOR NEW YORK STATE CERTIFIED SERVICE-DISABLED

VETERAN-OWNED BUSINESSES

1.8 NYS CONTRACT REPORTER

1.9 SUMMARY OF POLICY AND PROHIBITIONS ON PROCUREMENT LOBBYING

1.10 DEFINITIONS

1.11 APPENDICES AND ATTACHMENTS

1.12 CONFLICT OF TERMS

BIDDER QUALIFICATIONS

SPECIFICATIONS

BID SUBMISSIONS

4.1 PERFORMANCE AND BID BONDS

4.2 NYS VENDOR FILE REGISTRATION

4.3 FORMAT AND CONTENT OF BID SUBMISSION

CONTENT

BID ENVELOPES AND PACKAGES

BID DELIVERY

IMPORTANT BUILDING ACCESS PROCEDURES

4.4 NYS REQUIRED CERTIFICATIONS

4.5 PRODUCT LITERATURE TO BE FURNISHED WITH BID

4.6 MANUFACTURER’S CERTIFICATE

4.7 BID DEVIATIONS

4.8 BID OPENING RESULTS

4.9 BID LIABILITY

4.10 NYS RESERVED RIGHTS

4.11 INCORPORATION

METHOD OF AWARD

5.1 METHOD OF AWARD

EVALUATION PROCESS

GROUP 40061 – PROTECTIVE OUTWEAR Page 4 of 32

5.2 PROCUREMENT INSTRUCTIONS FOR AUTHORIZED USERS

5.3 NOTIFICATION OF AWARD

TERMS AND CONDITIONS

6.1 CONTRACT TERM AND EXTENSIONS

6.2 SHORT TERM EXTENSION

6.3 PRICE

6.4 PRICE UPDATES

PRICELIST FORMAT

COVER LETTERS

6.5 BEST PRICING OFFER

6.6 VOLUME DISCOUNTS

6.7 PROMPT PAYMENT DISCOUNTS

6.8 NYS PROCUREMENT CARD DISCOUNT

6.9 ORDERING

6.10 MINIMUM ORDER

6.11 INVOICING AND PAYMENT

6.12 PRODUCT DELIVERY

6.13 PRODUCT RETURNS AND EXCHANGES

DISCREPANCIES

PRODUCT RETURNS BECAUSE OF QUALITY PROBLEMS

PRODUCT RETURNS BECAUSE OF AUTHORIZED USER ERROR

6.14 UNANTICIPATED EXCESSIVE PURCHASE

6.15 CONTRACT ADMINISTRATION

6.16 NYS FINANCIAL SYSTEM (SFS)

6.17 INSURANCE

6.18 REPORT OF CONTRACT USAGE

6.19 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

6.20 WARRANTY

6.21 RECALLS

6.22 PRODUCT END-OF-LIFE DISPOSAL/RECYCLING

6.23 DIESEL EMISSION REDUCTION ACT

6.24 OVERLAPPING CONTRACT PRODUCTS

6.25 PREFERRED SOURCE PRODUCTS

6.26 NYS VENDOR RESPONSIBILITY

6.27 NYS TAX LAW SECTION 5-A

6.28 “OGS OR LESS” GUIDELINES

GROUP 40061 – PROTECTIVE OUTWEAR Page 5 of 32

6.29 NON-STATE AGENCIES PARTICIPATION IN CENTRALIZED CONTRACTS

6.30 EXTENSION OF USE

6.31 RESELLERS

6.32 CONTRACT ADVERTISING

6.33 NEW ACCOUNTS

6.34 TRAFFIC INFRACTIONS

6.35 INSTRUCTION MANUALS

APPENDICES

Appendix A – Standard Clauses for NYS Contracts (January 2014) Appendix B – General Specifications (April 2016)

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 – Authorized Dealer/Distributor Information Attachment 10 – Manufacturer’s Certificate Attachment 11 – Required Proof of Sales Summary Attachment 12 – Required Product Detailed Specifications Attachment 13 – Contract Update Form

GROUP 40061 – PROTECTIVE OUTWEAR Page 6 of 32

INTRODUCTION

1.1 OVERVIEW

This Invitation for Bids (IFB) is issued by the New York State (“NYS”) Office of General Services (“OGS”). The purpose is to establish multiple statewide centralized Contracts for outerwear products with demonstrated protective value in firefighting, emergency/rescue or safety environments for use by New York State Agencies and Authorized Non-State Agencies Participating in Centralized Contracts set forth in Appendix B. The Contract(s) awarded shall be in effect for a term of five (5) years.

Bids shall be accepted only from established manufacturers or their authorized dealers/distributors. Award(s) shall be made by LOT to the lowest responsive and responsible Bidder(s) who are able to meet the terms and conditions of this IFB.

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

OGS has established an overall goal of 30% for MWBE participation, 15% for Minority-Owned Business Enterprises (“MBE”) participation and 15% for Women-Owned Business Enterprises (“WBE”) participation (based on the current availability of MBEs and WBEs).

1.2 SCOPE

The purpose of this IFB and resultant contracts is to provide all Authorized Users eligible to purchase through this IFB with a means of acquiring outerwear products of specialized protective value for use in Firefighting, Emergency/Rescue, or Safety environments. Products Bid shall be capable of withstanding such environments, and meet all necessary Federal standards applicable to the product's intended usage. Consideration will only be given to those outerwear products with demonstrated protective value limited to the following product sub-categories: Safety Shoes (various); Specialty Boots (various); Firefighting Turnout Gear, Firefighting Proximity Clothing, Wildland Clothing, Helmets, Gloves, Firefighting Boots; EMS/Search & Rescue Clothing. Bidder(s) shall provide the manufacturer(s) complete product lines for the sub-category(ies) offered.

Products Bid must be for use while performing agency duties. Offerings of predominantly leisure, recreational or sports oriented will not to be considered for award. The Bidder(s) is responsible to provide written explanation with supporting documentation that normal functionality of bid products fits the scope of this IFB.

ALL products are to be new, not remanufactured, not seconds, not surplus.

Note: This IFB is NOT for EMS/Rescue/Fire station uniforms. Products for Chemical, Biological, Radiological, Nuclear and Explosive (CBRNE) and Assault Clothing, are not part of this IFB and will not be considered. General use items such as standard work gloves will not be considered. Due to adequate coverage from Preferred Sources and other contracts, hard hats and reflective vests will not be considered.

NYS’ determination of acceptable product lines shall be final and NYS reserve the right to eliminate products in a price list that are not considered relevant or are available from Preferred Sources (refer to “PREFERRED SOURCE PRODUCTS” clause herein).

Bids shall be accepted only from established manufacturers or their authorized dealers/distributors.

Award(s) shall be made by LOT to the lowest responsive and responsible Bidder(s) who are able to meet the terms and conditions of this IFB.

A LOT is comprised of a manufacturer’s COMPLETE product line per sub-category. Bids must not be limited to a single product, incomplete, partial or selected products. Failure to supply the manufacturer's COMPLETE product line per sub-category will result in your Bid being considered non-responsive and your offer will no longer be considered for an award.

GROUP 40061 – PROTECTIVE OUTWEAR Page 7 of 32

Discounts per LOT may be used to identify and establish low net prices for the purpose of ranking and evaluation.

ONE DISCOUNT IS ALLOWED PER LOT.

1.3 ESTIMATED QUANITIES

A Contract resulting from this IFB shall be Indefinite Delivery and Indefinite Quantity (IDIQ). 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 IFB, based on historical purchases under previous awards, is approximately $24,000,000.00 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 value of the Contracts resulting from this IFB to vary substantially from the historical value. 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.

• 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/historical values provided in this IFB.

1.4 KEY EVENTS/DATES

EVENT DATE TIME

IFB Release March 14, 2017 N/A Closing Date for First Round of Bidder Questions March 28, 2017 5:00 PM ET

OGS Procurement Services’ Responses to First Round of Bidder Questions

April 6, 2017 (tentative)

N/A

Closing Date for Second Round of Bidder Questions April 20, 2017 5:00 PM ET

OGS Procurement Services’ Responses to Second Round of Bidder Questions

April 27, 2017 (tentative)

N/A

Bid Opening / Due date for Bids May 9, 2017 11:00 AM ET

Contract Approval Date / Award Publish Date January 1, 2018 (tentative)

N/A

1.5 BIDDER QUESTIONS

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

GROUP 40061 – PROTECTIVE OUTWEAR Page 8 of 32 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.

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

1.6 MWBE INTEREST IN PARTICIPATING WITH BIDDERS

If a New York State certified MWBE would like to indicate its interest in working with participating Bidders, please send an email entitled “IFB 23054 MWBE INTEREST [Your company name]” to neilene.rabideau@ogs.ny.gov on or before the date and time indicated in Key Events/Dates. The email should include:

1. Company Name

2. Contact Name, Phone Number, Mailing Address, Email Address

3. Brief description of company type (for example “Company ABC is an Authorized Dealer for XYZ”).

4. NYS Empire State Development Certification Type (Minority- and/or Women-Owned Business Enterprise)

A list of all NYS certified MWBEs who have expressed interest in this IFB through the timely submission of such email, will be included in a Purchasing Memorandum posted through the New York State Contract Reporter in accordance with the New York State Contract Reporter section.

1.7 PARTICIPATION OPPORTUNITIES FOR NEW YORK STATE CERTIFIED SERVICE-DISABLED VETERAN-

OWNED BUSINESSES

Article 17-B of the New York State Executive Law provides for more meaningful participation in public procurement by certified Service-Disabled Veteran-Owned Businesses (“SDVOBs”), thereby further integrating such businesses into New York State’s economy. OGS recognizes the need to promote the employment of service-disabled veterans and to ensure that certified service-disabled veteran-owned businesses have opportunities for maximum feasible participation in the performance of OGS contracts.

In recognition of the service and sacrifices made by service-disabled veterans and in recognition of their economic activity in doing business in New York State, Bidders/Contractors are strongly encouraged and expected to consider SDVOBs in the fulfillment of the requirements of the Contract. Such participation may be as subcontractors or suppliers, as protégés, or in other partnering or supporting roles.

For purposes of this procurement, OGS conducted a comprehensive search and determined that the Contract does not offer sufficient opportunities to set specific goals for participation by SDVOBs as subcontractors, service providers, and suppliers to Contractor. Nevertheless, Bidder/Contractor is encouraged to make good faith efforts to promote and assist in the participation of SDVOBs on the Contract for the provision of services and materials. The directory of New York State Certified SDVOBs can be viewed at: https://ogs.ny.gov/Core/docs/CertifiedNYS_SDVOB.pdf

Bidder/Contractor is encouraged to contact the Division of Service-Disabled Veteran’s Business Development at 518- 474-2015 to discuss methods of maximizing participation by SDVOBs on the Contract.

ALL FORMS ARE AVAILABLE AT: https://www.ogs.ny.gov/Core/SDVOBA.asp?_sm_au_=iVVjF227tLtF4JJH

1.8 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 email notifications regarding updates to the content or status of a particular ad, you must choose the option “send me notification updates on this,” located in the lower right hand corner of the particular

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 email notifications regarding updates, including email notifications regarding the posting of the question and answer https://ogs.ny.gov/Core/SDVOBA.asp?_sm_au_=iVVjF227tLtF4JJH https://www.nyscr.ny.gov/

GROUP 40061 – PROTECTIVE OUTWEAR Page 9 of 32 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.

1.9 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, is identified on the first page of this Solicitation and in the MWBE Designated Contacts and Insurance Designated Contacts sections. 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 these two statutes. 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://www.ogs.ny.gov/acpl/

1.10 DEFINITIONS

Terms used in this Solicitation shall be defined in accordance with Appendix B, Definitions. In addition, the following definitions shall apply.

“Bid” shall refer to a Bidder’s complete response to this Solicitation.

“Bidder” or “Offeror” or “Offerer” shall refer to any business entity who submits a response to this Solicitation. At the time that the Bidder executes a Contract with the State, a Bidder shall become a “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 Solicitation.

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

“Commissioner” shall mean the Commissioner of the Office of General Services or duly authorized representative.

“Contractor” shall refer to any successful Bidder to whom a Contract has been awarded by the Commissioner.

“F.O.B” is acronym for Free on Board.

“Issuing Office” shall refer to the Office of General Services.

“Invitation for Bids (IFB)” shall refer to this document, and its appendices and attachments. Also see “Solicitation”.

“Lot” is comprised of a manufacturer’s COMPLETE product line per sub-category

“May” denotes the permissive in a contract clause or specification. Also see “Shall” and “Must”.

“Mfg” is an abbreviation for manufacturer(s).

“Must” denotes the imperative in a contract clause or specification. Also see “Shall” and “May”.

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

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

http://www.ogs.ny.gov/acpl/

GROUP 40061 – PROTECTIVE OUTWEAR Page 10 of 32

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

“OGS” is an acronym for New York State Office of General Services.

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

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

“Shall” denotes the imperative in a contract clause or specification. Also see “Must” and “May”

“Solicitation” shall refer to this document, and its appendices and attachments. Also see “Invitation for Bids (IFB)”

“The State” shall refer to State of New York.

“Unit” shall be considered a product which can be used by itself (i.e., pair of shoes, pair of gloves, helmet, etc.).

GROUP 40061 – PROTECTIVE OUTWEAR Page 11 of 32

1.11 APPENDICES AND ATTACHMENTS

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

Appendix A – Standard Clauses for NYS Contracts (January 2014) Appendix B – General Specifications (April 2016)

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 – Authorized Dealer/Distributor Information Attachment 10 – Manufacturer’s Certificate Attachment 11 – Required Proof of Sales Summary Attachment 12 – Required Product Detailed Specifications Attachment 13 – Contract Update Form

1.12 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 Invitation for Bids (IFB), including all appendices and attachments;

3. Appendix B, General Specifications;

4. Bidder’s Bid.

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. Bids will be accepted only from established manufacturers or their authorized dealers (See Attachment 10 –

MANUFACTURER’S CERTIFICATE).

2. Bidder must demonstrate proof of minimum sales volume of $150,000 dollars for the most recent calendar year (January 1 – December 31, 2016), for the offered manufacturer’s product line to any public entity (e.g. GSA Schedule, NYS Contract, another state contract, sales to county, city, town, village). Required proof of sales may be demonstrated in the form of a summary of the total sales reported which will include purchasing entity’s name, total amount of sales for purchasing entity, date of purchase (See Attachment 11 – Required Proof of Sales Summary). Sales made directly by the Manufacturer, Resellers, or a combination of both can be utilized to demonstrate compliance with this provision. Required proof of sales should be submitted at the time of Bid submission. Failure to submit proof of sales at the time of Bid submission may result in rejection of the Bid. OGS reserves the right to request additional documentation including copies of invoices/purchase orders/contracts, etc.

3. Bidder must maintain a business establishment capable of processing and shipping large numbers of orders (e.g., orders for over 100 units) to any ordering entity (Appendix B, §32, Product Delivery). A unit will be considered a product which can be used by itself (e.g., helmet, pair of boots, etc.).

OGS retains the right to request any additional information pertaining to the Bidder's ability and qualifications. This includes, but is not limited to the following:

GROUP 40061 – PROTECTIVE OUTWEAR Page 12 of 32

A. Satisfactory evidence that a Bidder has maintained an organization capable of performing the work specified herein in continuous operation for the past (3) years through submission of a Dun & Bradstreet Business Information Report or other equivalent evidence;

B. Evidence of a business establishment with adequate inventories of the product(s) offered, and capacity to process and ship the volume of orders required by Authorized Users on a statewide basis. OGS may require a certificate from the bidder showing the number of years the bidder has been active in selling the products offered and the size and location of the inventories regularly maintained.

C. References that demonstrate the ability of the Bidder to perform the work required of the resulting Contract;

D. Documentation to demonstrate a Bidder’s ability to meet the delivery requirements set forth in Appendix B, §32, Product Delivery; and E. OGS reserves the right to investigate or make any inquiry into the capabilities of any Bidder to properly perform under any resultant Contract.

SPECIFICATIONS

Product(s) Bid shall be capable of withstanding Firefighting, Emergency/Rescue, or Safety environments, and meet all Federal standards applicable to the product's intended use. The Bidder will submit with its Bid offer, detailed specifications information (via literature and by providing a link to website where specification can be found), on the product to be furnished (Attachment 12 – Required Product Detailed Specifications). Failure to submit any of the data may result in rejection of the Bid. The State reserves the right to request any additional information deemed necessary for the proper evaluation of Bid offer.

OGS Procurement Services may require additional documentation to determine that Bidder’s offer meets the detail specification. The Bidder will be given a date by which the requested documents must be provided. If the Bidder fails to submit the documentation, your Bid may be considered non-responsive. If Bidder is unable to meet the deadline set forth, the Bidder must request an extension in writing prior to the given deadline. Upon review, OGS will either provide a new deadline or consider Bidder non-responsive and Bidder’s offer will no longer be consider for an award.

BID SUBMISSIONS

4.1 PERFORMANCE AND BID BONDS

There are no bonds for this Contract. In accordance with Appendix B, Performance/Bid Bond, 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.

4.2 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.

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

GROUP 40061 – PROTECTIVE OUTWEAR Page 13 of 32 and authorized resellers. Once the process is initiated, registrants will receive an email 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://www.osc.state.ny.us/vendor_management

4.3 FORMAT AND CONTENT OF BID SUBMISSION

The complete Bid package must be received by OGS Procurement Services by the date and time of the Bid opening.

Late Bids shall be rejected, except as provided by Appendix B, Late Bids. Any Bid pricing or portions thereof submitted on CD or 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.

Email or facsimile Bid submissions are not acceptable.

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. Only completed files (in the specified format) should be saved to a CD or flash drive.

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 this IFB may be considered non-responsive and may be rejected.

Requirements for Attachment 1 – Pricing in Electronic Format (Microsoft Excel, NOT LOCKED);

a) Do not change the spreadsheet structure. Any changes may result in rejection of Bids.

b) Only MS EXCEL format for the required electronic copy will be accepted.

CONTENT

Each bulleted item should be saved in its own file, properly marked as to its contents and saved to one (1) CD or Flash Drive. A complete Bid consists of ONE copy of each of the following in the format listed (Note: all Excel documents must NOT be locked or password protected by Bidder):

1. CD or flash drive containing:

a. Completed Pages 1 and 2 of the IFB (signed and scanned) (PDF);

b. Signed Purchase Memorandums or Addendums for Solicitation, including answers to

Bidder’s inquiries (PDF);

c. Completed Attachment 1 – Pricing (Excel);

d. Completed Attachment 2 – NYS Required Certifications with original ink signatures (PDF);

e. Completed Attachment 3 – Encouraging Use of NYS Businesses in Contract Performance

(PDF);

f. Proof of Compliance with Workers’ Compensation Coverage and Disability Benefits

Requirements as specified in Attachment 4 – Insurance Requirements (PDF);

g. Completed Attachment 5 – Bidder Information Questionnaire (2 worksheets) (Excel);

h. Completed Attachment 6 – Bidder Submission Checklist (Excel);

i. Completed Attachment 9 – Authorized Dealer/Distributor Information (required if the Bidder IS the Manufacturer) (Word)

j. Completed and signed Attachment 10 – Manufacturer’s Certificate (required if the Bidder is

NOT the Manufacturer)) (PDF)

k. Attachment 11 – Required Proof of Sales Summary (Excel)

l. Attachment 12 – Required Detailed Product Specifications (via literature and by providing a link to website where specification can be found)

m. Completed ST-220CA, Contractor Certification, notarized with original ink signatures (PDF);

n. Completed MWBE 100, MWBE Utilization Plan (if applicable) (PDF);

o. Completed Form EEO100, Equal Employment Opportunity Staffing Plan (PDF);

p. Completed Standard Vendor Responsibility Questionnaire (completed and scanned to PDF) or Certification that Questionnaire has been completed online (PDF).

q. Manufacturer’s Nationally Published Price List (Excel)

2. Original paper versions of each of the following (to be placed in a loose leaf binder and tabbed):

http://www.osc.state.ny.us/vendor_management

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a. Completed Pages 1 and 2 of the IFB with original ink signatures;

b. Signed Purchase Memorandums or Addendums for Solicitation, including answers to

Bidder’s inquiries.

c. Completed Attachment 1 – Pricing (Excel);

d. Completed Attachment 2 – NYS Required Certifications with original ink signatures;

e. Completed Attachment 3 – Encouraging Use of NYS Businesses in Contract Performance;

f. Proof of Compliance with Workers’ Compensation Coverage and Disability Benefits

Requirements as specified in Attachment 4 – Insurance Requirements;

g. Completed Attachment 5 – Bidder Information Questionnaire (2 worksheets);

h. Completed Attachment 6 – Bidder Submission Checklist;

i. Completed Attachment 9 – Authorized Dealer/Distributor Information (if applicable)

j. Completed and signed Attachment 10 – Manufacturer’s Certificate (if applicable)

k. Attachment 11 – Required Proof of Sales Summary

l. Attachment 12 - Detailed Product Specifications (via literature)

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

n. Completed MWBE 100, MWBE Utilization Plan (if applicable);

o. Completed Form EEO100, Equal Employment Opportunity Staffing Plan;

p. Completed Standard Vendor Responsibility Questionnaire (with original ink signature) or

Certification that Questionnaire has been completed online.

Attachment 7, Attachment 8, and Attachment 13 do not need to be returned with your Bid. Do not return copies of Appendix A and B with your Bid.

Discrepancies between paper copies and CD or flash drive submissions of the documents required in both formats, the electronic (CD or flash drive) copy shall take precedence over the paper copy.

Any indicators or messages built into the attachments are for 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 to the IFB requirements.

Bidders remain responsible for reviewing the attachments to ensure compliance with the IFB requirements.

Receipt of Bid does not indicate that OGS has pre-determined a company’s qualifications to receive a Contract award. Such determination shall be based on the evaluation of a Bid compared to the specific requirements and qualifications contained within this IFB and attachments.

In the event a Bidder may need to submit amendments to their Bid prior to the Bid Submission Deadline, any amended pages submitted by a Bidder to be incorporated into the Bid, should show the date of the revision and indicate the portion of the page being changed. One (1) Hard Copy of amended page(s) and a new CD or Flash Drive should be submitted indicating the date of revision.

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. Solicitation number (IFB #23054)

3. Bid Opening Date and Time (May 9, 2017 at 11:00 AM EST)

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

BID DELIVERY

Bids shall be delivered to the following address on or before May 9, 2017 11:00 a.m. EST:

State of New York Executive Department Office of General Services

Procurement Services Corning Tower - 38th Floor Reception Desk

Empire State Plaza

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Albany, NY 12242

Bidder assumes all risks for timely, properly submitted deliveries. The time of Bid receipt is determined by OGS according to the clock 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.

IMPORTANT BUILDING ACCESS PROCEDURES

To access the Corning Tower, all visitors must check in by presenting photo identification at the 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 at least 24 hours prior to the visit. Visitors who are not pre-registered will be directed to a designated phone to call the Procurement Services receptionist. The receptionist will register the visitor at that time but delays may occur. Building access procedures may change or be modified at any time.

4.4 NYS REQUIRED CERTIFICATIONS

A Bidder is required to submit the signed New York State Required Certifications (Attachment 2 – NYS Required Certifications) with its Bid.

4.5 PRODUCT LITERATURE TO BE FURNISHED WITH BID

Bidder shall submit with its Bid detailed specifications, Product literature, and all necessary data on the Product to be furnished (“Product literature”) (See Section 3-Specifications). If the Product offered differs from the Product literature, such differences must be explained in detail. Failure to submit any of the Product literature may result in rejection of the Bid. The State reserves the right to request any additional information deemed necessary for the proper evaluation of Bids.

4.6 MANUFACTURER’S CERTIFICATE

Bids will be accepted only from established manufacturers or their authorized dealers. Through completion and submission of the Manufacturer’s Certificate, the manufacturer 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. Bidders shall use the certificate attached to this IFB to document this level of support (see Attachment 10 – Manufacturer’s Certificate).

The Manufacturer’s Certificate is to be forwarded by the Bidder to its proposed manufacturer 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, Participation in Centralized Contracts and Employees, Subcontractors, and Agents.

4.7 BID DEVIATIONS

Bids must conform to the terms set forth in the IFB. As set forth in Section 1.6 Bidder Questions, if Bidder intends to submit a Bid that deviates from the requirements of the IFB 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. Material deviations (including additional, inconsistent, conflicting, or alternative terms) submitted with the Bid may render the Bid non-responsive and may result in rejection of the Bid.

Bidder is advised that OGS will not entertain any exceptions to Appendix A (Standard Clauses for New York State Contracts). OGS will also not entertain exceptions to the Solicitation or Appendix B (General Specifications) that are of a material and substantive nature.

Extraneous terms submitted on standard, pre-printed forms (including but not limited to: product literature, order forms, license agreements, contracts or other documents) that are attached or referenced with submissions shall not be considered part of the Bid or resulting Contract, but shall be deemed included for informational or promotional purposes only.

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4.8 BID OPENING RESULTS

Procurement Services posts Bid information on the OGS web page. The web page makes selected information available about the Solicitation. Such information is anticipated to be available online within two business days after the Bid opening.

The Bid Opening Results Page is available at: https://nyspro.ogs.ny.gov/nyspro-bid-openings

4.9 BID LIABILITY

The State of New York will not be held liable for any cost incurred by the Contractor for work performed in the production of a Bid or for any work performed prior to the formal execution of a Contract.

4.10 NYS RESERVED RIGHTS

New York State reserves the right, in its sole discretion, to:

A. Reject any or all Bids received in response to the IFB;

B. Withdraw the IFB at any time at the sole discretion of the State;

C. Make an award under the IFB in whole or in part;

D. Disqualify any Bidder whose conduct and/or Bid fails to conform to the requirements of the IFB;

E. Seek clarifications and revisions of the Bid;

F. Amend the IFB prior to the Bid opening to correct errors or oversights, or to supply additional information as it becomes available;

G. Direct Bidders, prior to the Bid opening, to submit Bid modifications addressing subsequent IFB amendments;

H. Change any of the schedule dates with notification through the NYS Contract Reporter;

I. Eliminate any mandatory, non-material requirements that cannot be complied with by all of the prospective Bidders;

J. Waive any requirements that are not material;

K. Utilize any and all ideas submitted in the Bids received;

L. Adopt all or any part of a Bidder's Bid in selecting the optimum configuration;

M. Negotiate with a Bidder within the IFB requirements to serve the best interests of the State. This includes requesting clarifications of any or all Bids;

N. Require clarification at any time during the procurement process and/or require correction of arithmetic or other apparent errors for the purpose of assuring a full and complete understanding of a Bidder’s Bid and/or to determine a Bidder’s compliance with the requirements of the IFB;

O. Select and award the Contract to other than the selected Bidder in the event of unsuccessful negotiations or in other specified circumstances as detailed in the IFB;

P. Accept and consider for Contract award Bids with non-material Bid Deviations or non-material Bid defects such as errors, technicalities, irregularities, or omissions;

Q. Use any information which OGS obtains or receives from any source and determines relevant, in OGS’s sole discretion, for the purposes of Bid evaluation and Contractor selection;

R. Consider a proper alternative where an evidently incorrect Reference/parameter/component/product/model/code number is stated by the State or the Bidder;

S. Make no award for any LOT, for reasons including, but not limited to, unbalanced, unrealistic or

GROUP 40061 – PROTECTIVE OUTWEAR Page 17 of 32 excessive Bidder pricing, a change in Authorized User requirements and/or Products, or an error in the Solicitation (e.g., use of incorrect reference, pack size, description, etc.). In such case, evaluation and ranking of Bids may be made on the remaining Products, regions, or Lots.

T. Offer a Bidder the opportunity to provide supplemental information or clarify its Bid, including the opportunity to explain or justify the balance, realism, and/or reasonableness of its pricing.

4.11 INCORPORATION

The provisions of this IFB shall be incorporated into the resulting contracts awarded and approved by OGS. The award letter shall indicate the LOT(s) awarded and require the contractor to sign attesting their agreement. The contractor shall than return said letter to OGS for final approval and execution.

METHOD OF AWARD

5.1 METHOD OF AWARD

Award shall be made by the lowest Bid per LOT to a responsive and responsible Bidder. A LOT is comprised of a manufacturer’s COMPLETE product line per sub-category. Discounts per LOT may be used to identify and establish low net prices for the purpose of ranking and evaluation. ONE DISCOUNT IS ALLOWED PER LOT. Note: NYS recognizes that a manufacturer may have several product lines per sub-category. Each manufacturer’s product line per sub-category is consider a separate LOT and will be considered for award.

The State reserves the right to reject an obviously unbalanced Bid or to make "NO AWARD" on items if individual Bid prices are deemed to be unbalanced or excessive or if an error in the IFB becomes evident. The determination of an unbalanced Bid shall be at the sole discretion of the State.

The Bidder(s) with the lowest price Bid, who meets the Administrative and Technical criteria listed below will be considered for an award.

EVALUATION PROCESS

• After the Bid opening, each Bidder’s offer per LOT, will be ranked, lowest to highest, based on net price offered for the 1-10 unit(s) level. Discounts may be used to identify and establish low net prices for the purposes of ranking and evaluating. Only ONE contract award shall be made for each LOT.

• The evaluation for the Administrative and Technical steps will begin with the Bidder who has the lowest net price Bid for each LOT. The Bidder for the lowest net price Bid for the LOT that meets the Administrative Screening, will then proceed to the Technical Evaluation. If the low Bidder meets the Administrative Screening and Technical steps for the LOT, then no further review of the remaining Bidders for that LOT will be conducted. If the low Bidder fails, then the same steps will be conducted with the Bidder who has the second lowest net price Bid for the LOT. This process will continue until a Bidder for each LOT passes both the Administrative Screening and Technical steps.

• The Administrative Bid Screening will screened Bids for completeness and conformance with requirements for Bid submission as specified in A. MANDATORY REQUIREMENTS FOR ADMINISTRATIVE PROPOSAL REQUIREMENTS. Bids that do not meet the Administrative requirements as set forth in the Solicitation may be deemed non-responsive and be given no further consideration.

A. MANDATORY…