23100023297i-solicitation_rev_112123.pdf

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

Solicitation (Revised November 21, 2023)

23297i.docx (Revised November 21, 2023)

BID OPENING

DATE: December 6, 2023

TIME: 1:30 P.M. ET

TITLE: 23100 – School & Art Supplies (Statewide)

SOLICITATION NUMBER: 23297

Classification Codes: 14 & 44

CONTRACT PERIOD: Five (5) 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 Solicitation.

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

Email Address: melissa.carriero@ogs.ny.gov

Melissa Carriero Contract Management Specialist 2 Telephone No.: (518) 474-7732 Email: melissa.carriero@ogs.ny.gov

Jamie Nusbaum Assistant Director Telephone No.: (518) 474-5430 Email: edward.nusbaum@ogs.ny.gov

Katie Jezik Contract Management Specialist Telephone No. (518) 473-1069 E-mail: katherine.jezik@ogs.ny.gov

Bidder’s Federal Tax Identification Number:

(Do Not Use Social Security Number)

NYS Vendor Identification Number:

(See New York State Vendor File Registration Clause)

Legal Business Name of Company Bidding:

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

Street

City

State

County

Zip Code

E-mail Address:

Company Web Site:

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

NYS Small Business # Employees

Service Disabled Veteran Owned Business

NYS Minority Owned Business

NYS Women Owned Business

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

WE ARE NOT BIDDING AT THIS TIME BECAUSE:

FOR PROCUREMENT SERVICES USE ONLY

LITERATURE LETTER USB FLASH DRIVE # of Binders/Packages: ___________ PURC. MEMO OTHER ________________ Documented by: ______________ mailto:melissa.carriero@ogs.ny.gov mailto:edward.nusbaum@ogs.ny.gov mailto:katherine.jezik@ogs.ny.gov

Group 23100 – School & Art Supplies PAGE 2

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 Solicitation.

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

3. The Bidder has read and understands the provisions of the 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 23100 – School & Art Supplies PAGE 3

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

3. BID SUBMISSION

3.1 Performance and Bid Bonds

3.2 NYS Vendor File Registration

3.3 Format of Bid Submission

3.4 Content

3.5 Bid Envelopes and Packages

3.6 Bid Delivery

3.7 Important Building Access Procedures

3.8 NYS Required Certifications

3.9 Bid Deviations

3.10 Bid Opening Results

3.11 Bid Liability

3.12 NYS Reserved Rights

3.13 Incorporation

4. METHOD OF AWARD

4.1 Method of Award

4.2 Periodic Recruitment

4.3 Procurement Instructions for Authorized Users

4.4 Notification of Award

5. TERMS AND CONDITIONS

5.1 Contract Term and Extensions

5.2 Short Term Extension

5.3 Price

5.4 Pricelist Updates

5.5 Best Pricing Offer

5.6 Price Structure

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5.7 Volume Discounts

5.8 Ordering

5.9 Minimum Order

5.10 Purchasing Card Orders

5.11 Invoicing and Payment

5.12 Product Delivery

5.13 Product Returns and Exchanges

5.14 Unanticipated Excessive Purchase

5.15 Contract Administration

5.16 NYS Financial System (SFS)

5.17 Americans with Disabilities Act (ADA)

5.18 N.Y. State Finance Law § 139-l

5.19 Insurance

5.20 Report of Contract Usage

5.21 Contractor Requirements and Procedures for Participation by New York State Certified Minority- and Women-Owned Business Enterprises and Equal Employment Opportunities for Minority Group Members and Women

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

5.23 Use of Recycled or Remanufactured Materials

5.24 Bulk Delivery and Alternate Packaging

5.25 Surplus/Take-Back/Recycling

5.26 Environmental Sustainability and NYS Executive Order Number 22

5.27 Consumer Products Containing Mercury

5.28 Diesel Emission Reduction Act

5.29 Overlapping Contract Products

5.30 Preferred Source Products

5.31 NYS Vendor Responsibility

5.32 NYS Tax Law Section 5-a

5.33 “OGS or Less” Guidelines

5.34 Non-State Agencies Participation in Centralized Contracts

5.35 Extension of Use

5.36 Resellers

5.37 New Accounts

5.38 Centralized Contract Modifications

5.39 Traffic Infractions

5.40 Contract Documents; Electronic Format

Group 23100 – School & Art Supplies PAGE 5

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

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 (Revised November 21, 2023) Attachment 7 – Bidder Questions Form Attachment 8 – Report of Contract Usage Attachment 9 – Certification Under Executive Order No. 16 Attachment 10 – Reseller Information

Group 23100 – School & Art Supplies PAGE 6

1. INTRODUCTION

1.1 Overview

This Solicitation is issued by the New York State (“NYS”) Office of General Services (“OGS”), Procurement

Services for School & Art Supplies as specified herein for all Authorized Users eligible to purchase through this Solicitation.

This Solicitation outlines the terms and conditions and all applicable information required for submitting a Bid.

Bidders should pay strict attention to the Bid submission date and time to prevent disqualification. Bidders are strongly encouraged to read the language of this Solicitation thoroughly and to precisely follow the instructions included in the Solicitation and all attachments.

1.2 Scope

The purpose of this Solicitation and any resultant Contracts is to provide Authorized Users with a means of acquiring School & Art Supplies for delivery throughout New York State. Bidders may offer either a single (same) or variable percentage discount structure for each Product Category bid. Discount shall be applied to all items within a category.

Inclusions: Products for purchase by all Authorized Users include, but are not limited to, arts and crafts tools and supplies, classroom materials and supplies, easels, chalkboards, marker boards, bulletin boards, flash cards, games and puzzles, paper materials, writing books, teacher resources, early childhood Products, instructional materials, certain pieces of equipment such as appropriate laminators and label makers.

Exclusions: The following are excluded from the scope of this Solicitation: Services; books not specifically for Pre-K and K-12 school environments, audiobooks, e-books, and textbooks; eReaders and tablet devices;

furniture such as desks, chairs, tables, bookcases, commercial shelving, file cabinets, lockers, storage cabinets; cleaning and janitorial supplies; library supplies; audio visual equipment and supplies; computers, peripherals and supplies; printers, copiers, facsimile machines and related supplies including toner and ink cartridges; shredders; cafeteria supplies and equipment; software requiring a licensing agreement, and playground equipment are excluded from this contract.

1.3 Estimated Quantities

A Contract resulting from this Solicitation shall be an estimated quantity Contract. No specific quantities are represented or guaranteed and the State provides no guarantee of individual Authorized User participation. The Contractor must furnish all quantities actually ordered at or below the Contract prices. The anticipated dollar value of the award for this Solicitation, based on historical purchases under previous awards, is approximately $10,000,000.00 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 quantities of Products purchased under a Contract resulting from this

Solicitation to vary substantially from the estimates in the Solicitation. Such factors include, but are not limited to, the following:

• Such Contracts may be non-exclusive Contracts.

• There is no guarantee of quantities to be purchased nor is there any guarantee that demand will continue in any manner consistent with previous purchases.

• The individual value of each Contract is indeterminate and will depend upon actual Authorized User demand and actual quantities ordered during the contract period.

• The State reserves the right to terminate any Contract for cause or convenience prior to the end of the term pursuant to the terms and conditions of the Contract.

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• 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, the Bidder acknowledges the foregoing and agrees that actual good faith purchasing volumes during the term of the resulting Contracts could vary substantially from the estimates provided in this Solicitation.

1.4 Key Events/Dates

EVENT DATE TIME

Solicitation Release September 29, 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

Bid Opening / Due date for Bids December 6, 2023 1:30 PM ET

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

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

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

1.6 Bidder Questions

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

If Bidder intends to submit a Bid that deviates from the requirements of the Solicitation in any way the proposed deviations should be submitted during the Questions period so that they may be given due consideration prior to the submission of Bids. See Section 4.9 - Bid Deviations for additional information.

https://www.nyscr.ny.gov/

Group 23100 – School & Art Supplies PAGE 8

1.7 NYS Comptroller Approval

In accordance with Section 112 of the State Finance Law, a Contract resulting from this Solicitation shall not be valid, effective, or binding upon the State until such Contract has been approved by the Office of the New York State 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 (24) period the Bidder is debarred from obtaining governmental Procurement Contracts for four (4) 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 Solicitation shall be defined in accordance with Appendix B, Definitions, or as below.

“Bid Deviation” shall refer to any variance submitted or proposed by a Bidder, which deviates from, adds extraneous terms to, conflicts with or offers an alternative to any term, condition, specification or requirement of the Solicitation.

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

“List Price” shall refer to price suggested by manufacturer or supplier of a product. It is also known as the manufacturer’s suggested retail price (MSRP), suggested retail price, advertised price, and published price.

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

Women-owned Business Enterprise.

“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.

“National Public Entities” are defined as State Governments, the Federal Government, Local Governments, cities, towns, school districts, libraries, police and fire departments, and other political subdivisions.

“Net Price” shall be the List Price, less the applicable discount bid by the Bidder/Contractor and approved by OGS, and shall be the price paid by Authorized Users of the resultant Contract.

“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.

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

Group 23100 – School & Art Supplies PAGE 9

“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.

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

York State Finance Law § 162.

“Preferred Source Program” shall refer to the special social and economic goals set by New York State in

State Finance Law § 162 that require a governmental entity purchase select Products from designated organizations when the Products meet the “form, function and utility” requirements of the governmental entity.

Under State Finance Law § 163, purchases of Products from Preferred Sources are given the highest priority and are exempt from the competitive bidding requirements. The New York State Preferred Sources include:

The Correctional Industries Program of the Department of Corrections and Community Supervision (“Corcraft”);

New York State Preferred Source Program for People Who Are Blind (“NYSPSP”); and the New York State Industries for the Disabled (“NYSID”). These requirements apply to a state agencies, political subdivisions and public benefit corporations (including most public authorities).

“Procurement Services” shall refer to a business unit of OGS, formerly known as New York State

Procurement (“NYSPro”) and Procurement Services Group (“PSG”).

“Product Category” shall refer to the classification system used to categorize School & Art Supplies Products for sale during the normal course of business. For example: how School & Art Supplies Products may be categorized in a paper based hard copy catalog according to the catalog table of contents; or alternatively, how School & Art Supplies may be categorized for sale online.

“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.

“School & Art Supplies” shall refer to items such as arts and crafts tools and supplies, classroom materials and supplies, easels, chalkboards, marker boards, bulletin boards, flash cards, games and puzzles, paper materials, writing books, teacher resources, early childhood Products, instructional materials, and certain pieces of equipment such as appropriate laminators and label makers.

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

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.”

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.”

Group 23100 – School & Art Supplies PAGE 10

1.10 Appendices and Attachments

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

Solicitation as fully as if set forth at length herein.

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

Attachment 1 – Pricing Attachment 2 – NYS Required Certifications Attachment 3 – Encouraging Use of NYS Businesses Attachment 4 – Insurance Requirements Attachment 5 – Bidder Information Questionnaire Attachment 6 – Bidder Submission Checklist (Revised November 21, 2023) Attachment 7 – Bidder Questions Form Attachment 8 – Report of Contract Usage Attachment 9 – Certification Under Executive Order No. 16 Attachment 10 – Reseller Information

1.11 Conflict of Terms

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

1. Appendix A, Standard Clauses for New York State Contracts;

2. The Solicitation;

3. Appendix B, General Specifications;

4. All other appendices and attachments to the Solicitation;

2. 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:

The Bidder shall have been actively engaged in business for a period of three (3) years or more prior to the Bid opening date.

The Bidder shall have a minimum of $500,000.00 in verifiable sales to National Public Entities for Products within scope as provided in Section 1.2 - Scope Product during the three (3) year period preceding the bid opening for this Solicitation. Required proof of sales shall be in the form of a summary of the total sales reported, which shall include (a) the names of the National Public Entity that made the purchase, (b) the total amount of sales by purchaser, (c) the date of each sale, and (d) description of the Product sold. In lieu of a summary of sales to National Public Entities, the Bidder may provide sales reports for an OGS Contract meeting these requirements. Required proof of sales should be submitted at the time of the Bid opening.

Copies of invoices may be required for verification or clarification if deemed necessary by the Office of General Services. Failure to submit proof of sales as requested will result in rejection of Bid.

OGS reserves the right to request any additional information regarding a Bidder’s abilities, qualifications, and procedures as it deems necessary to ensure safe and satisfactory work under a Contract. This includes but is not limited to the following:

Group 23100 – School & Art Supplies PAGE 11

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

2. Evidence of a business establishment with adequate inventories of the Product offered, and capacity to process and ship the volume of orders required by Authorized Users on a statewide basis.

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

4. Documentation to demonstrate a Bidder’s ability to meet the delivery requirements set forth in Appendix B, Product Delivery; and

5. OGS reserves the right to investigate or make any inquiry into the capabilities of any Bidder to properly perform under any resultant Contract.

3. BID SUBMISSION

3.1 Performance and Bid Bonds

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

3.2 NYS Vendor File Registration

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

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

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

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

3.3 Format of Bid Submission

A. The complete Bid package must be received by OGS Procurement Services by the date and time of the Bid opening. Late Bids shall be handled in accordance with Appendix B, Late Bids. Any Bid pricing or portions thereof submitted on USB flash drive that are incomplete or that cannot be opened/accessed may be rejected. With respect to any Bid documents in Excel format, only those cells provided for entering Bid pricing and information are to be accessed by the Bidder.

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Situations susceptible to disqualification may include:

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

2. Absent Price Pages (Attachment 1 – Pricing) 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 to the Solicitation requirements. Bidders remain responsible for reviewing the attachments to ensure compliance with the 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 Solicitation may be considered non-responsive and may be rejected.

3.4 Content

A complete Bid consists of submission of the following completed documents:

Solicitation Document Electronic

(USB)

Original (Hard Copy)

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

b. Completed Attachment 1 – Pricing – 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. X (PDF)

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

h. Completed Attachment 6 – Bidder Submission Checklist (Revised November 21, 2023). 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)

Group 23100 – School & Art Supplies PAGE 13

l. Attachment 10 – Reseller Information, if Resellers will be utilized. X (PDF) m.

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

X (PDF)

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

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)

p.

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

X (PDF)

q.

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

Proof of sales verifying Bidder has a minimum of $500,000.00 in verifiable sales to National Public Entities for Products within scope as provided in Section 1.2 - Scope Product during the three (3) year period preceding the bid opening for this Solicitation. Required proof of sales shall be in the form of a summary of the total sales reported, which shall include (a) the names of the National Public Entity that made the purchase, (b) the total amount of sales by purchaser, (c) the date of each sale, and (d) description of the Product sold. In lieu of a summary of sales to National Public Entities, the Bidder may provide sales reports for an OGS Contract meeting these requirements.

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 submitted documents. When submitting electronic documents, include a printed copy of pages 1 and 2 of the 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.

http://ogs.ny.gov/MWBE/Forms https://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf 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 23100 – School & Art Supplies PAGE 14

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. Solicitation number (Solicitation #23297)

3. Bid Opening Date and Time (December 6, 2023, 1:30 PM)

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 of the Solicitation, completed with the Bidder’s information. This printed copy of page 1 should be placed in the envelope with the 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 – Solicitation 23297

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.

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. Bids are not allowed to be left at the Corning Tower Information Desk. Please note that delays may occur. Building access procedures may change or be modified at any time.

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 Bid.

mailto:customer.services@ogs.ny.gov

Group 23100 – School & Art Supplies PAGE 15

3.9 Bid Deviations

Bids must conform to the terms set forth in the Solicitation. As set forth in Bidder Questions, if Bidder intends to submit a Bid that deviates from the requirements of the Solicitation in any way, the proposed deviations should be submitted during the Questions period so that they may be given due consideration prior to the submission of Bids. 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.

3.10 Bid Opening Results

OGS Procurement Services posts Bid information on the OGS Procurement Services website. The Bid

Opening Results webpage makes available the list of bidders that responded to the Solicitation. Such information is anticipated to be available online within two (2) Business Days after the Bid opening.

The Bid Opening Results Page is available at: https://ogs.ny.gov/procurement/bid-opening-results-0.

3.11 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.

3.12 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 Solicitation;

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

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

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

E. Seek clarifications and revisions of the Bid;

F. Amend the Solicitation 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 Solicitation 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 Solicitation 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 Solicitation;

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 Solicitation;

https://ogs.ny.gov/procurement/bid-opening-results-0

Group 23100 – School & Art Supplies PAGE 16

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. Reject an obviously unbalanced Bid as determined by the State; and T. Conduct Contract negotiations with -the next responsible Bidder, should the Agency be unsuccessful in negotiating with the selected Bidder;

U. Make no award for any Product, region, or lot, as applicable, for reasons including, but not limited to, unbalanced, unrealistic or 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.

V. 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.

W. Award Contracts on a rolling or staggered start basis, either in whole or in part. Contracts awarded in this method shall be coterminous with the first Contract awarded as a result of this Solicitation.

3.13 Incorporation

Portions of the successful Bidder’s Bid and of this Solicitation shall be incorporated into a final Contract, with a separate document executed by Contractor and OGS. A final Contract will be formalized either through a separate contract document or through a contract award letter incorporating the Bid, each having its own provision governing conflict of terms.

4. METHOD OF AWARD

4.1 Method of Award

Award shall be made to all responsive and Responsible Bidder(s) whose pricing indicates that Products offered will be delivered at a reasonable price as determined by OGS Procurement Services. Products and services offered by the Bidder shall be from any of the following types of published pricelists:

1. Manufacturer’s Suggested List Price (MSLP)

2. Manufacturer’s Suggested Retail Price (MSRP)

3. Governmental Pricelist

4. Manufacturer’s Commercial Pricelist

5. Contractor’s Commercial Pricelist

These pricelists may be published electronically or in print.

Due to the nature of the Products involved and recognizing that no one Bidder will be able to supply all the

Products required by Authorized Users, awards may be made to more than one Bidder.

Contracts will be awarded only to responsive and responsible Bidders whose prices indicate that will be delivered at a reasonable price as determined by OGS Procurement Services. “Reasonable prices” may be determined by reviewing percentage discounts and Net Prices offered to the General Services Administration (GSA), National Association of State Procurement Officials (NASPO), OMNIA, prices on any previously awarded NYS Contract, pricing offered by other Bidders for this Solicitation, contracts with other state or government entities, etc.

It is the expectation of the State that Bidders shall offer discounts for all Products offered. New York State reserves the right to exclude from award any pricelists or individual Products that do not fall within the scope or are not deemed to be offered at prices advantageous to the State.

New York State reserves the right to exclude from award any pricelists or individual Products that do not fall within the scope or are not deemed to be offered at prices advantageous to the State. New York State

Group 23100 – School & Art Supplies PAGE 17 reserves the right to require documentation to support the reasonableness of the prices offered. At the time of the Bid opening, where possible, Bidder must provide copies of at least one governmental and/or municipal contract, such as the General Services Administration (GSA), National Association of State Procurement Officials (NASPO), OMNIA, NYS, other State, etc. that shows the discount and Freight on Board (“F.O.B.”) point. In the event that such contracts are not available the Bidder shall supply invoices of sales to large entities or corporations with repeat business detailing the discount. New York State reserves the right to reject any Bidder that does not demonstrate reasonable pricing for this solicitation.

New York State anticipates that the State shall be treated as a single entity and that prices reflect volume aggregated discounts commensurate with the statewide volume. Bidders are encouraged to offer their best possible pricing; additionally, Contractors may negotiate better pricing with Authorized Users at any time throughout the Contract period.

4.2 Periodic Recruitment

This Solicitation allows for periodic recruitment of additional Contractors during the term of the Contract.

Recruitment periods are optional at the discretion of the State. Additional recruitment periods will be advertised in the NYS Contract Reporter. Bidder must register with the New York State Contract Reporter at https://www.nyscr.ny.gov in order to receive notifications regarding any periodic recruitments under this Solicitation. Bids shall be evaluated under substantially the same terms and conditions as the original Bids.

Bidders shall also be required to submit necessary documentation for any additional applicable statutory requirements in effect at the time of the new Solicitation.

Once awarded a Contract, a Contractor may not resubmit a Bid for future consideration for Products covered by the scope of the awarded Contract. In addition, if a Bid is deemed non-responsive during the initial Solicitation or any recruitment period, a Bidder cannot reapply for a future Contract until the next recruitment period.

4.3 Procurement Instructions for Authorized Users

The Contracts resulting from this Solicitation will be Centralized Contracts issued under a multiple award structure. Products offered under the Contracts, pricing, and other Contract information will be posted to the OGS website or the awarded Contractors’ dedicated NYS websites. Authorized Users shall procure Products that best meet their form, function and utility requirements.

Pursuant to State Finance Law § 163(10)(c), at the time of purchase, Authorized Users must base their selection among multiple Contracts upon which is the most practical and economical alternative that is in the best interests of the State.

1. Before proceeding with a purchase, Authorized Users shall check the list of Preferred Source offerings.

Authorized Users are reminded that they must comply with State Finance Law §162, which requires that agencies afford first priority to the commodities of Preferred Source suppliers such as Correctional Industries (Corcraft), NYS Preferred Source Program for People Who are Blind (NYSPSP), and NYS Industries for the Disabled (NYSID), when such commodities meet the form, function and utility of the Authorized User.

2. Where Products are not available from Preferred Source suppliers in the form, function and utility required by the Authorized User, Authorized Users shall purchase from the Centralized Contracts awarded under this Solicitation. The basis for selection among multiple contracts at the time of purchase shall be the most practical and economic alternative and shall be in the best interests of the State.

Therefore, Authorized Users should obtain quotes from at least three (3) Contractors prior to issuing a Purchase Order for contract purchases to ensure that the Authorized User is receiving the best possible pricing.

3. When placing orders under the Contract(s), the Authorized User should be familiar with and follow the terms and conditions governing its use. The Authorized User is accountable and responsible for https://www.nyscr.ny.gov/

Group 23100 – School & Art Supplies PAGE 18 compliance with the requirements of public procurement processes. Additionally, in recognition of market fluctuations over time, Authorized Users are encouraged to seek improved pricing whenever possible.

Authorized Users have the responsibility to document purchases which should include:

• Statement of need and associated requirements;

• Obtaining all necessary prior approvals;

• A summary of the Contract alternatives considered for the purchase; and

• The reason(s) supporting the resulting purchase (e.g., show that basis for the selection among multiple Contracts at the time of purchase was the most practical and economical alternative and was in the best interests of the State).

4. Authorized Users will issue Purchase Orders directly to the Contractor, specifying any shipping/delivery requirements.

5. Upon Authorized User acceptance of Products itemized on the Purchase Order, Contractor will invoice Authorized User for any portion of Products accepted, and accordingly, Authorized User will arrange for payment. Contractor shall provide itemized invoicing for all Products.

Contractor must disclose any forms or other order information that Contractor will attach to orders or require to be completed with Authorized User purchases.