2310623375Solicitation.pdf

23375s

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

Solicitation

BID OPENING

DATE: February 25, 2025

TIME: 1:30PM ET

SOLICITATION NUMBER: 23375

TITLE: Group 23106 – STEM/STEAM AND SCIENCE

LABORATORY EDUCATIONAL SUPPLIES AND

EQUIPMENT

Classification Codes: 14 & 44

CONTRACT PERIOD: Shall commence upon mailing or electronic communication of the final executed documents to the Contractor for a Period of Five (5) years from the date of OSC approval

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.

Laura Dempsey Contract Management Specialist 1 Telephone No. (518) 473-9825 E-mail address: laura.dempsey@ogs.ny.gov

Cheri McCullough Contract Management Specialist 2 Telephone No. (518) 402-5552 E-mail address: cheri.mccullough@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:laura.dempsey@ogs.ny.gov mailto:cheri.mccullough@ogs.ny.gov

GROUP 23106 – STEM/STEAM AND SCIENCE LABORATORY EDUCATIONAL SUPPLIES AND EQUIPMENT

Bidder Certification and Affirmation

Bidder certifies and affirms as follows:

1. This Bid is an irrevocable offer for 90 days from the date of submission to the New York State (“NYS”) Office of

General Services (“OGS”), or for such longer period as is set forth in the Invitation for Bids.

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

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

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

5. The Bidder understands and agrees to comply with the requirements of the Procurement Lobbying Law, State

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

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

Print Full Bidder Entity Name

By:

Signature of Person Authorized to Legally Bind the Bidder

Print Name of Signatory

Print Title of Signatory

Date

RETURN THIS PAGE AS PART OF BID

https://ogs.ny.gov/acpl

Table of Contents

1. INTRODUCTION

1.1 Overview

1.2 Scope

1.3 Estimated Quantities

1.4 Key Events/Dates

1.5 Intent To Bid

1.6 NYS Contract Reporter

1.7 Bidder Questions

1.8 NYS Comptroller Approval

1.9 Summary Of Policy And Prohibitions On Procurement Lobbying

1.10 Definitions

1.11 Appendices and Attachments

1.12 Conflict of Terms

2. BIDDER QUALIFICATIONS

2.1 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 Product Literature to Be Furnished with Bid

3.10 Bid Deviations

3.11 Bid Opening Results

3.12 Bid Liability

3.13 Firm Offer

3.14 NYS Reserved Rights

3.15 Incorporation

4. METHOD OF AWARD

4.1 Periodic Recruitment

4.2 Procurement Instructions for Authorized Users

4.3 Notification of Award

5. TERMS AND CONDITIONS

5.1 Contract Term and Extensions

5.2 Short term Extension

5.3 Price

5.4 Volume Discounts

5.5 Price List Updates

5.6 Best Pricing Offer

5.7 Price Structure

5.8 Ordering

5.9 Purchasing Card Orders

5.10 Minimum Order

5.11 Invoicing and Payment

5.12 Product Delivery

5.13 Product Returns and Exchanges

5.14 Contract Administration

5.15 NYS Financial System (SFS)

5.16 Americans with Disabilities Act (ADA)

5.17 N.Y. State Finance Law § 139-l

5.18 Insurance

5.19 Report of Contract Usage

5.20 Contractor Requirements and Procedures for Participation by New York State Certified Minority- and

Women-Owned Business Enterprises and Equal Employment Opportunities for Minority Group Members and Women

5.21 Participation Opportunities For New York State Certified Service-Disabled Veteran Owned Businesses ... 29

5.22 Overlapping Contract Products

5.23 Preferred Source Products

5.24 NYS Vendor Responsibility

5.25 NYS Tax Law Section 5-a

5.26 “OGS or Less” Guidelines

5.27 Non-State Agencies Participation in Centralized Contracts

5.28 Extension of Use

5.29 Resellers

5.30 New Accounts

5.31 Centralized Contract Modifications

5.32 Compliance with Federal, State and Local Regulations

5.33 Instruction Manuals

5.34 Licensing Terms and Conditions

5.35 Removal of Records from Premises

5.36 Environmental Sustainability and NYS Executive Order Number 22

5.37 Contract Documents; Electronic Format

5.38 State Security Policies

5.39 Reporting Security Incidents

5.40 Data Breach- Required Contractor Actions

5.41 Data Ownership

5.42 Data Location And Related Restrictions

5.43 Transferring Of Data

5.44 Encryption

5.45 Requests For Data By Third Parties

5.46 Upgrades, System Maintenance, And Changes

5.47 Termination Or Suspension Of Service

5.48 Secure Data Disposal

5.49 Embedded Software/Firmware; Updates

1. INTRODUCTION

1.1 Overview

This Solicitation is issued by the New York State (“NYS”) Office of General Services (“OGS”), Procurement Services for STEM/STEAM and Science Laboratory Educational Supplies and Equipment as specified herein for all Authorized Users eligible to make purchases under the Contracts resulting from this Solicitation.

The Contracts resulting from this non-competitive Solicitation will be multiple-award, statewide, Centralized Contracts.

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

Bids will be accepted from STEM/STEAM and science laboratory Manufacturers and/or Authorized Dealers meeting the minimum requirements; refer to Section 2-Bidder Qualifications. Contract awards will be made to responsive and responsible bidders who meet the minimum qualifications (See Section 2 Bidder Qualifications) and who are eligible for award (See Section 4 Method of Award).

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 State of New York seeks to establish multiple award Centralized Contracts for the acquisition of STEM/STEAM and science laboratory educational supplies and equipment, specified in two (2) Lots:

1. Lot 1 – Non-Information Technology based STEM/STEAM or Science Laboratory Products

2. Lot 2 – Information Technology Based STEM/STEAM or Science Laboratory Products

The Solicitation includes the Lots and product categories listed below. Examples of products within each Lot are provided in the table below. Examples are not meant to be exhaustive.

Lot 1 – Non-Information Technology based STEM/STEAM or Science Laboratory Products Products that do not have the ability to collect Data, examples of which include but are not limited to parts, tools, consumables, supplies, safety equipment, hands-on project materials and hard copy printed materials.

Table 1: Lot 1 Examples

Product Category Number

Product Category Name

Examples (products that do not have the ability to collect Data)

3D Printing

3D printing tools, supplies and accessories used in educational programs:

• 3D drawing pens or tools

• Replacement parts

• Consumables

• Related accessories

Science Laboratory and

Teaching Supplies

Science laboratory and teaching supplies used in grade, middle, high school or college level science laboratories:

• Laboratory equipment

• Laboratory tools

• Supplies for experiments

• Safety equipment

• Related accessories

Robotics Kits and

Parts

• Robotics parts

• Robotic kits

• Related tools and accessories

Drone Kits and

Parts

• Drone parts

• Drone kits

• Related tools and accessories

STEM/STEAM

and Science Laboratory Educational

Materials

Packaged lesson plans, experiment sets or model kits that teach STEM/STEAM or science laboratory subject matter such as:

• Physics, math, biology, or chemistry

• 3D Printing

• Robotics or Drones

• Virtual or Augmented Reality

• Programming/coding/electronics

• Artificial Intelligence (AI)

• Engineering activities

• Building or engineering design

• Environmental science

• Renewable energy

Virtual and Augmented

Reality Equipment and Supplies

Accessories or parts that are used in high school or college level virtual or augmented reality laboratories

Packaged Virtual Reality Products and Simulation

Equipment

Accessories or parts used for either a virtual reality program or for simulation equipment

Lot 2 – Information Technology Based STEM/STEAM or Science Laboratory Products Products that do have the ability to collect Data or that require the acceptance of product terms and conditions, examples of which include, but are not limited to, technology products that come with software or apps, technology products that collect Data, on-line or downloadable apps, stand-alone software, subscription-based software products, cloud-based technology products and products that require user registration.

Table 2: Lot 2 Examples

Product Category Number

Product Category Name

Examples (Products that do have the ability to collect Data)

3D Printing

3D printing equipment and related software used in educational programs:

• 3D Printers or scanners

• 3D drawing pens or tools

• Related software

• Service plans

• Extended warranties

Science Laboratory and Teaching Supplies

Science laboratory and teaching supplies used in grade, middle, high school or college level science laboratories

Robotics Kits and Parts

Robotic kits and related software used in educational programs:

• Preassembled, programmable robotic kits

• Related software

Drone Kits and Parts

Drone kits and related software used in educational programs:

• Preassembled, programmable drone kits

STEM/STEAM

and Science Laboratory Educational

Materials

Packaged lesson plans, experiment sets or model kits that collect User Data and teach STEM/STEAM or science laboratory subject matter such as:

• Physics, math, biology, or chemistry

• 3D Printing

• Robotics or Drones

• Virtual or Augmented Reality

• Programming/coding/electronics

• Building or engineering design

• Artificial Intelligence (AI)

• Engineering activities

• Environmental science

• Renewable energy

Virtual and Augmented Reality

Equipment and Supplies

Equipment and supplies, accessories and related software used in high school or college level virtual or augmented reality laboratories:

• Virtual reality headsets

• Hand, body, motion or voice controllers or trackers

• Projection equipment

• Cameras

• Greenscreen equipment

• Podcasting equipment

Packaged Virtual Reality Products and Simulation

Equipment

Software or web-based virtual reality programs or simulation equipment that include a STEM/STEAM or science based educational component:

• Virtual laboratories

• Virtual learning platforms and classrooms

• Flight or other simulation equipment that includes a STEM/STEAM educational component

Lot 2 Data Security and Privacy Mandates: Authorized User use of Lot 2 products or services offered by STEM/STEAM and science laboratory supply companies may be subject to various statutes and/or policies relating to the collection, use, and disposition of personally identifiable information. See Appendix E–‘Data Security and Privacy Mandates’. As a result of such statutes and/or policies, Authorized User use of STEM/STEAM products or services may require vendors of Lot 2 products or services to comply with additional terms and conditions relating to the collection, use, and disposition of personally identifiable information. Authorized Users will advise vendors of any such applicable statutes and/or policies prior to making a purchase under any contracts resulting from this Solicitation, and Vendor must comply with such statutes and/or policies as a condition of providing such products or services to the Authorized User.

Products offered through the resulting contracts are for use in a K-12 and/or college level educational setting. All product categories may require assembly, configuration, installation, and networking services, which are not considered Public Works pursuant to Section 5.34 Assembly/Configuration/Installation/Networking Services. Installation services which are considered Public Works in accordance with New York State Labor Law are not permitted.

Bidders are permitted to submit pricing for Assembly/Configuration/Installation/Networking Services with their bid, in Attachment 10 – Contact and Supplemental Information.

The scope of this Solicitation does not include stand-alone equipment and products such as computers and peripherals, printers or copiers, furniture, industrial tools and supplies, audio visual products, medical equipment, assistive technology products, books, serials or arts and craft supplies unless those products are part of a contractor’s general product offering and are to be utilized in conjunction with a contractor’s STEM/STEAM or science laboratory based learning systems and curriculum. Industrial or commercial grade 3D printing equipment, robotics or drones that are not intended for an educational setting are also excluded.

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 estimated to be between $2,000,000 and $3,000,000 annually. The individual value of each resultant Contract is indeterminate and will depend upon the number of Contracts issued and the competitiveness of the pricing offered. Authorized Users will be encouraged to purchase from Contractors who offer the Products and pricing that best meet their needs in the most practical and economical manner. See Appendix B, Estimated/Specific Quantity Contracts and Participation in Centralized Contracts.

Numerous factors could cause the actual quantities of Products purchased under a Contract resulting from this Solicitation to vary substantially from the estimates in the Solicitation. Such factors include, but are not limited to, the following:

• Such Contracts may be non-exclusive Contracts.

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

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

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

• Contract pricing that is lower than anticipated could result in a higher quantity of purchases by Authorized

Users than anticipated.

• Contract pricing that is higher than anticipated could result in a lower quantity of purchases by

Authorized Users that anticipated.

OGS is unable to provide estimated or historical quantities or dollar values for this Solicitation. 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.

1.4 Key Events/Dates

EVENT

DATE

TIME

Solicitation Release December 18, 2024 N/A

Deadline for Submission of Intent to Bid January 10, 2025 5:00PM ET

Closing Date Bidder Questions January 10, 2025 5:00 PM ET

OGS Procurement Services’ Responses to Bidder Questions January 31, 2025 (approximately) N/A

Bid Opening/Due Dates for Bids February 25, 2025 1:30PM ET

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

1.5 Intent To Bid

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

1.6 NYS Contract Reporter

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

Any updates to Solicitation documents will also be posted and released through the NYSCR.

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

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

1.7 Bidder Questions

All questions regarding this Solicitation should be submitted using Attachment 7 – Bidder Questions Form, citing the applicable Solicitation document name and document section. The completed form must be emailed to laura.dempsey@ogs.ny.gov by the date and time indicated in the 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 Bid Deviations for additional information.

1.8 NYS Comptroller Approval

In accordance with Section 112 of the State Finance Law, a Contract resulting from this Solicitation shall not be valid, effective or binding upon the State until such Contract has been approved by the Office of the New York State Comptroller (“OSC”). Purchase orders or other procurement transactions issued under such Contract(s) may also be subject to OSC approval.

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, are identified on the first page of this Solicitation. OGS employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Bidder pursuant to State Finance Law §139-j and §139-k. Certain findings of non-responsibility can result in rejection for Contract award and, in the event of two findings within a four-year period, the Bidder is debarred from obtaining governmental Procurement Contracts for four years. Further information about these requirements can be found on the OGS website at: https://www.ogs.ny.gov/acpl/ https://www.nyscr.ny.gov/ https://www.ogs.ny.gov/acpl/

1.10 Definitions

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

“Analytic Derivatives” The outcome from Data Mining or other aggregated Data analysis techniques.

“Authorized Dealer” is a company or individual (merchant) that purchases goods with the intention of selling them rather than consuming or using them.

“Authorized User Agreement” - Shall mean the Purchase Order and/or such other documents memorializing the Contractor’s obligations with respect to a given transaction resulting from an RFQ issued by an Authorized User.

“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” – Monday through Friday from 8:00 AM – 5:00 PM ET, excluding NYS Holidays.

“Business Entity” Any individual, business, partnership, joint venture, corporation, S-corporation, limited liability company, sole proprietorship, joint stock company, consortium, or other private legal entity recognized by statute.

“Data” - Any information, Analytic Derivatives, formula, algorithms, or other content that the Authorized User may provide to the Contractor pursuant to this Contract. Data includes, but is not limited to, any of the foregoing that the Authorized User and/or Contractor (i) uploads to the Product, and/or (ii) creates and/or modifies using the Product.

“Data Breach” - Refers to unauthorized access to Data or equipment which is used to transmit, store, or act upon such Data by any person, including employees, officers, partners or subcontractors of Contractor, who have not been authorized to access such Data.

“Data Categorization Study” shall refer to the process of risk assessment of Data. See also “High Risk Data”, “Moderate Risk Data” and “Low Risk Data”.“

“Educational Entity” means a school district, board of cooperative educational services (BOCES), school, university or college located in the United States.

“Governmental Entity” shall refer to a federal, state, municipal entity, or tribal government located in the United States.

“High Risk Data” Is as defined in FIPS PUB 199, Standards for Security Categorization of Federal Information and Information Systems (“High Impact Data”).

“ITS-ISO” – Information Technology Services – Information Security Officer

“Intellectual Property (IP)” Includes inventions, patents, Copyrights, trade secrets, trademarks, technical Data, industrial designs that are generally protected and proprietary.

“Low Risk Data” Is as defined in FIPS PUB 199, Standards for Security Categorization of Federal Information and Information Systems (“Low Impact Data”).

“Manufacturer” An organization or Business Entity that creates, makes, programs, processes, or fabricates a Product that is branded, warranted, supported and maintained by that organization or Business Entity and which holds all IP rights of the Product.

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

“Moderate Risk Data” Is as defined in FIPS PUB 199, Standards for Security Categorization of Federal Information and Information Systems (“Moderate Impact Data”).

“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; Veteran’s Day; Thanksgiving Day; and Christmas Day.

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

“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”).

“Request for Product Review (RFPR)” A process used to review a Product that collects Data in order to conduct a Data Categorization Study, determine insurance requirements, incorporate additional Authorized User terms and conditions and request the Contractor’s most competitive pricing.

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

“Security Incident” - A violation or imminent threat of violation of computer security policies, acceptable use policies, or standard security practices. See NIST 800-61 or its successor for additional information.

“STEM/STEAM” shall refer to an educational approach to learning that uses science, technology, engineering, the arts and mathematics as access points for guiding student inquiry, dialogue and critical thinking.

1.11 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 Appendix D – Contract Modification Procedure Appendix E – Data Security 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 – Certification Under Executive Order No. 16 Attachment 10 – Contact and Supplemental Information Attachment 11 – Price List Update Guide Attachment 12 – Manufacturer’s Certificate

Attachment 13 – Proof of Past Sales Attachment 14 – Request for Product Review (RFPR) Template

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. Appendix C, Federal Funding Agency Mandatory Terms and Conditions;

3. The Solicitation;

4. Appendix B, General Specifications;

5. All other appendices and attachments to the Solicitation.

2. BIDDER QUALIFICATIONS

2.1 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:

A Bidder shall meet the following qualifications:

1. The Bidder must have maintained an organization, in continuous operation, for a minimum of three (3) years immediately preceding the bid opening date selling STEM/STEAM or Science Laboratory related educational supplies and/or services.

2. The Bidder must have proof of past sales of at least $100,000 of products described in Section 1.2 Scope to Governmental Entities and/or Educational Entities in each of the three (3) years immediately preceding the bid opening date; 2022, 2023 and 2024 (See Section 2.1 Proof of Past Sales).

Bidder shall provide proof of past sales in Excel format within Attachment 13 – Proof of Past Sales as part of its Bid submission, which shall include purchasing entity names, product item number and description, date of sale, list price, discount percentage, quantity sold, and extended net sale amount. In addition to the completed Attachment 13, at its discretion, OGS may request copies of invoices, purchase orders, vouchers, etc. as proof of past sales revenue. Bidder’s failure to include proof of past sales as part of its Bid may result in rejection of Bid. OGS reserves the right to request additional documentation. OGS reserves the right to waive any or all of the requirements pertaining to past sales, if deemed to be in the best interest of the State.

3. For Lot 1 Non-Information Technology based STEM/STEAM or Science Laboratory Products the Bidder must either be:

a. An established Manufacturer of the products bid, or

b. An Authorized Dealer of an established Manufacturer of the products bid.

Any Authorized Dealer hereby guarantees that:

i. It is an Authorized Dealer of the Manufacturer;

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

iii. The Authorized Dealer will provide a completed and signed Attachment 12 – Manufacturer’s Certificate, acknowledging this level of support, with the Bid. If such Manufacturer’s Certificate is not submitted with the Bid, Bidder must provide within three (3) Business Days of request by OGS, (via e-mail is acceptable).

4. For Lot 2 ‘Information Technology Based STEM/STEAM or Science Laboratory Products’, the Bidder must be the Manufacturer of the Products being bid.

3. BID SUBMISSION

3.1 Performance and Bid Bonds

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

3.2 NYS Vendor File Registration

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

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

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

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

3.3 Format of Bid Submission

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

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

Situations susceptible to disqualification may include:

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

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

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. A complete Bid consists of submission of the following documents. All documents must be completed in accordance with the instructions for the individual document, which may include an original signature or an original notarized signature. At this time, OGS cannot accept an eSignature that has been generated by software. See also Attachment 6 – Bidder Submission Checklist.

Bid Document

Required File

Format (Submit on USB)

Original also

Required (Submit paper original) 1 Page 1 of the Solicitation with original ink signature PDF X

2 Page 2 of the Solicitation – Bidder Certification and Affirmation, with original ink signature PDF X

3 Appendix C – Federal Funding Agency Mandatory Terms and Conditions, with Section 10 completed (page 6) PDF

4 Attachment 1 – Pricing (must be included with the Bid at the Bid Opening / Due date for Bids) Excel

5 Attachment 2 – NYS Required Certifications, with signature PDF

6 Attachment 3 – Encouraging Use of NYS Businesses in Contract Performance PDF

7 Proof of Compliance with Attachment 4 – Insurance Requirements. PDF 8 Attachment 5 – Bidder Information Questionnaire Excel 9 Attachment 6 – Bidder Submission Checklist Excel

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

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

12 Attachment 9 – Certification Under Executive Order 16, with signature PDF 13 Attachment 10 – Contact and Supplemental Information Excel

14 Attachment 11 – Price List Update Guide Not required to be submitted with the bid

15 Attachment 12 – Manufacturer’s Certificate (if applicable) PDF 16 Attachment 13 – Proof of Past Sales Excel

17 Attachment 14 – Request for Product Review (RFPR) Template Not required to be submitted with the bid

EEO 100 – Equal Employment Opportunity Staffing Plan, with signature (see https://ogs.ny.gov/mwbe/forms under “Commodity & Service Contracts”)

PDF

Vendor Responsibility Questionnaire (copy of certification that a Questionnaire has been completed online, and certified no more than six (6) months prior to the bid opening date; see https://www.osc.state.ny.us/state-vendors/vendrep/file-your-vendor-responsibility-questionnaire)

PDF

https://ogs.ny.gov/mwbe/forms https://www.osc.state.ny.us/state-vendors/vendrep/file-your-vendor-responsibility-questionnaire https://www.osc.state.ny.us/state-vendors/vendrep/file-your-vendor-responsibility-questionnaire

Bid Document

Required File

Format (Submit on USB)

Original also

Required (Submit paper original)

ST-220-CA, Contractor Certification to Covered Agency, with signature and notary (see https://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf)

PDF X

21 ST-220-TD, Contractor Certification, with signature and notary (see https://www.tax.ny.gov/pdf/current_forms/st/st220td_fill_in.pdf)

Must be submitted directly to the NYS Tax

Department 22 Bid Updates (if applicable), with signature PDF X

23 Certificate of Good Standing or equivalent from the state in which they are formed or incorporated (if applicable)

PDF

B. 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 3.5 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).

C. OGS shall consider documents submitted on multiple USB flash drives to be equal, provided that the date/time modified is the same for documents that have the same file name. In the case of discrepancies between file names and date/time modified, the file with the most recent date/time modified shall take precedence.

D. Documents that are not indicated as “Original Also Required” in the above table should not be submitted in paper format and may not be reviewed by OGS if they are received. In the case of discrepancies between paper versions that are received (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 version.

E. 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.

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 #23375

3. Bid Opening Date and Time

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

All Bids should also include a PRINTED copy of page 1 and page 2 of the Solicitation, completed with the Bidder’s information. This printed copy of page 1 and page 2 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.

https://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf https://www.tax.ny.gov/pdf/current_forms/st/st220td_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

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 1.4 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 23375

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 OGS.sm.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.

3.9 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”). 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, however, reserves the right to request any additional information deemed necessary for the proper evaluation of Bids.

3.10 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 mailto:OGS.sm.customer.services@ogs.ny.gov 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.

3.11 Bid Opening Results

OGS Procurement Services posts Bid information on the OGS Procurement Services website. The web page makes available the list of bidders that responded to 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://ogs.ny.gov/procurement/bid-opening-results-0.

3.12 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.

3.13 Firm Offer

Bids must remain an effective offer, firm and irrevocable, for at least 90 calendar days from the due date, unless the time for awarding the Contract is extended by mutual consent of OGS and the Bidder. A Bid shall continue to remain an effective offer, firm and irrevocable, subsequent to such 90 calendar-day period until either tentative award of the Contract by OGS is made or withdrawal of the Bid in writing by the Bidder.

3.14 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;

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;

https://ogs.ny…