23222i_response-to-bidders-inquiries.pdf

Office of General Services

Procurement Services

Group 10150 - Solicitation # 23222

Personal Protective Equipment (PPE) and Related Items Response to Bidder's Inquiries

Question

Number

Solicitation

Document Name

Document Section

(Name or Number) Bidder Question OGS Response

1 Solicitation Solicitation

How will we receive the news that the Continuous Recruitment will begin so that we can participate during this particular stage?

Continuous Recruitment will be advertised in the New York State Contract

Reporter (NYSCR) at www.nyscr.ny.gov

2 General General

2.1 (pg12) Please elaborate on just what is the Continuous Recruitment clause of the Solicitation- when and how does it happen?

Refer to Section 1.4 - Key Events/Dates and Section 6.3 - Continuous

Recruitment of the revised Solicitation.

3 General General Is there a list of delivery loactions to get a idea of of the end user?

No. See Section 6.12, Product Delivery of the revised Solicitation. Pursuant to

Appendix B, Section 31 - Product Delivery , delivery "must be made as ordered to the address specified on the Purchase Order and in accordance with the terms of the Contract."

4 Solicitation 232222 Solicitation 232222

Method of delivery- Is it direct to the state or is it the bidders’ responsibility to deliver directly to state run entities, per list of state sponsored organizations.

Blatantly put, to whom does the action of fulfillment lie?

See Section 6.12, Product Delivery of the revised Solicitation. Pursuant to

Appendix B, Section 31 - Product Delivery , delivery "must be made as ordered to the address specified on the Purchase Order and in accordance with the terms of the Contract."

If order quantities are not known, companies are going to find it difficult to hold inventory on speculation.

How much lead time can a company expect to pull an order together? Refer to Section 6.12 - Product Delivery of the revised Solicitation.

6 Appendix B Appendix B

What are the terms of delivery? To the port of landing in the US or is it to a specific address?

See Section 6.12 - Product Delivery of the revised Solicitation. Pursuant to

Appendix B, Section 31 - Product Delivery , delivery "must be made as ordered to the address specified on the Purchase Order and in accordance with the terms of the Contract."

7 Appendix B Appendix B

Would NY State be open to alternative terms on order and delivery? For instance, if the state were willing to provide a down payment of 25% or 50% on order with balance due within 30 days after delivery and acceptance, Bidder would better be able to leverage our position with our suppliers and likely reduce our price-per-piece. We would secure any payments by NY on order through a bonded vehicle.

OGS declines to make the requested change. However, refer to Appendix B, Section 26 - Modification of Contract Terms .

Attachment 07 -

Bidder Questions

Form

Attachment 07 -

Bidder Questions

Form Is there any estimate as to the geographic location of the potential purchasers?

Estimates based on geographical location are unknown. Refer to Section 6.12 -

Product Delivery . Pursuant to Appendix B, Section 31 - Product Delivery , which provides that delivery "must be made as ordered to the address specified on the

Purchase Order and in accordance with the terms of the Contract."

Attachment 07 -

Bidder Questions

Form

Attachment 07 -

Bidder Questions

Form

While we understand there are no specific quantities guaranteed under this contract, what can we assume would be the inventory requirement for supplying both masks and gowns under this contract? Are there minimum requirements for inventory?

There are no inventory requirements for this Solicitation. Refer to Section 6.12 -

Product Delivery of the revised Solicitation. Pursuant to Appendix B, Section 31 -

Product Delivery , which provides that delivery "must be made as ordered to the address specified on the Purchase Order and in accordance with the terms of the

Contract."

2/4/2021 Page 1 of 19

Group 10150 - Solicitation # 23222

Personal Protective Equipment (PPE) and Related Items Response to Bidder's Inquiries

10 Appendix B Appendix B Do you have a list of delivery locations applicable to this bid?

Refer to Section 6.12, Product Delivery of the revised Solicitation. Also, pursuant to Appendix B, Section 31 - Product Delivery , delivery "must be made as ordered to the address specified on the Purchase Order and in accordance with the terms of the Contract."

11 General General Can you advise as to the locations of the shipping destinations?

Refer to Section 6.12 - Product Delivery of the revised Solicitation. Also, pursuant to Appendix B, Section 31 - Product Delivery , delivery "must be made as ordered to the address specified on the Purchase Order and in accordance with the terms of the Contract."

12 General General

Will product be shipped direct to various facilities, or will shipments be sent to a distribution center?

Refer to Section 6.12 - Product Delivery of the revised Solicitation. Also, pursuant to Appendix B, Section 31 - Product Delivery , delivery "must be made as ordered to the address specified on the Purchase Order and in accordance with the terms of the Contract."

Attachment 01 -

Pricing

Attachment 01 -

Pricing

What are the qualties the A/R/O are based on? As an example 500 bottles would be delivered faster than 500,000 bottles.

Unless otherwise specified by the Authorized User, delivery is expected as stated in Section 6.12 - Product Delivery of the revised Solicitation regardless of the size of the order.

Attachment 07 -

Bidder Questions

Form

Attachment 07 -

Bidder Questions

Form Depending on volume of purchase, what are delivery expectations?

Unless otherwise specified by the Authorized User, delivery is expected as stated in Section 6.12 - Product Delivery of the revised Solicitation regardless of the size of the order.

Attachment 07 -

Bidder Questions

Form

Attachment 07 -

Bidder Questions

Form Will there be multiple ship to locations?

Any Authorized User may use the resulting Centralized Contracts. For additional information, see Appendix B, Section 2(a) - Authorized User and Section 6.33 -

Extension of Use of the revised Solicitation.

16 General General

Supplier requite estimated total quanities for each item to commit price and stock. Please advise quantity for each item in every lot.

No specific quantities are represented or guaranteed. See Section 1.3 -

Estimated Quantities of the revised Solicitation.

The bid documents state that the contract value is approximately $15 million per year. What are estimated quantities for each product category? One simple nitrile glove order can be $10-$15 million and eat up most of the budget.

No specific quantities are represented or guaranteed. See Section 1.3 -

Estimated Quantities of the revised Solicitation.

Attachment 07 -

Bidder Questions

Form

Attachment 07 -

Bidder Questions

Form How many of each Item are you looking for?

No specific quantities are represented or guaranteed. See Section 1.3 -

Estimated Quantities of the revised Solicitation.

Attachment 07 -

Bidder Questions

Form

Attachment 07 -

Bidder Questions

Form what is the quantity of each item

No specific quantities are represented or guaranteed. See Section 1.3 -

Estimated Quantities of the revised Solicitation.

Attachment 01 -

Pricing

Attachment 01 -

Pricing

What is the min or max quantity for each Lot on a monthly/quarterl basis? Do you have a fixed amount of QTY that you must have on each lot?

No specific quantities are represented or guaranteed. See Section 1.3 -

Estimated Quantities of the revised Solicitation.

21 Solicitation Solicitation Approximate quantity needed for both the hand sanitizer & disinfecting wipes

No specific quantities are represented or guaranteed. See Section 1.3 - Estimated

Quantities of the revised Solicitation.

Attachment 01 -

Pricing

Attachment 01 -

Pricing

Is estimated usage available for all lots? (To leverage key vendors, align supply chain, and ensure supply meets demand in targets DC's)

No specific quantities are represented or guaranteed. See Section 1.3 -

Estimated Quantities of the revised Solicitation.

2/4/2021 Page 2 of 19

Group 10150 - Solicitation # 23222

Personal Protective Equipment (PPE) and Related Items Response to Bidder's Inquiries

Attachment 01 -

Pricing

Attachment 01 -

Pricing Is estimated spend available? (By SKU) Refer to Section 1.3 - Estimated Quantities of the revised Solicitation.

24 Appendix B Appendix B

Could you please give us an order of magnitude of number of unity, or dollars per order?

No specific quantities are represented or guaranteed. See Section 1.3 -

Estimated Quantities of the revised Solicitation. The estimated spend is $15

Million annually, however, OGS has no historical spend data in regards to PPE and related Items.

Attachment 07 -

Bidder Questions

Form

Attachment 07 -

Bidder Questions

Form

While we understand that there is no guarantee of quantities purchased, is it possible to get more detail on the estimated $15,000,000 annual sales? For both masks and gloves, can OGS estimate the relative percentage that will be purchased off the contract?

No, OGS has no historical spend data and estimated percentages are unknown for PPE and related items.

Attachment 07 -

Bidder Questions

Form

Attachment 07 -

Bidder Questions

Form How many PAPR’s does NYS intend to purchase?

No specific quantities are represented or guaranteed. See Section 1.3 -

Estimated Quantities of the revised Solicitation.

27 Solicitation Solicitation

Is testing data and FDA status pending approved for submission as we will have

FDA soon?

FDA 510K approval is necessary to meet the requirement. Approval must be obtained by the Bidder prior to the Bid Opening Date. See Section 4 -

Specifications of the Solicitation as revised.

28 Solicitation Solicitation

Is testing data and FDA status pending approved for submission as we will have

FDA soon?

FDA 510K approval is necessary to meet the requirement. Approval must be obtained by the Bidder prior to the Bid Opening Date. See Section 4 -

Specifications of the Solicitation as revised.

29 Solicitation Solicitation

Currently under 510K pre-approval process-- acceptable or must certification be completed?

FDA 510K approval is necessary to meet the requirement. Approval must be obtained by the Bidder prior to the Bid Opening Date. See Section 4 -

Specifications of the Solicitation as revised.

30 Solicitation Solicitation

Is the FDA issued Emergency Use Authorization (EUA) being recognized in response to concerns relating to the insufficient supply and availability of disposable single-use surgical masks?

The specification as listed in the Solicitation does not include EUA. Therefore, products must meet standards as listed in Section 4 - Specifications of the

Solicitation as revised.

Attachment 09 –

Manufacturer’s

Certificate

Attachment 09 –

Manufacturer’s

Certificate Will a pending FDA application number suffice?

No. FDA 510K approval is necessary to meet the requirement. Approval must be obtained by the Bidder prior to the Bid Opening Date. See Section 4 -

Specifications of the Solicitation as revised.

2/4/2021 Page 3 of 19

Group 10150 - Solicitation # 23222

Personal Protective Equipment (PPE) and Related Items Response to Bidder's Inquiries

32 Solicitation Solicitation

On August 5, 2020, the FDA issued an umbrella emergency use authorization

(EUA) for certain disposable, single-use surgical masks in response to concerns relating to insufficient supply and availability of such masks. This EUA authorizes the emergency use of surgical masks that meet certain performance requirements for use in healthcare settings by health care personnel as personal protective equipment to provide a physical barrier to fluids and particulate materials to prevent HCP exposure to respiratory droplets and large particles during surgical mask shortages resulting from the COVID-19 pandemic. Surgical masks that have been confirmed by FDA to meet the criteria under the EUA.

Bidder has started the 510(K) Submission process and will have a full 21 CFR

878.4040 Class II Medical Device approval by April 2021. As a New York manufacturer that has received a NYS Grant from the ESD, are we able to bid on the 4.2 Lot2: Masks / A. Surgical Mask section of the bid with this EUA fully secured from the FDA?

510(K) pre market approval must be obtained prior to the Bid Opening Date. A

Bidder is expected to meet the specifications as written.

33 Solicitation 232222 Solicitation 232222

Please provide in simple terms the definition of an “original ink signature,” and describe the process required to fulfill that definition.

All documentation requiring "original ink signature" must be signed by hand with a ball point pen in black or blue ink distinguishable as an original and submitted with bid accordingly. Refer to Section 3.4 - Content of the revised Solicitation.

34 Appendix C Appendix C

Does the contract modification procedure allow the bidder to terminate the contract prior to the 5 year term? No. Refer to Appendix B, Clause 43 - Termination .

35 General General What state agency / department is responsible for the bid? The New York State Office of General Services, Procurement Services.

36 Solicitation Solicitation Is there a Tier one option for this bid? This Solicitation does not include tier options.

Attachment 05 -

Bidder Information

Questionnaire

Attachment 05 -

Bidder Information

Questionnaire

In the bidder information questioner row 82 is protected. (We are unable to insert an answer. Please advise where we should insert answer.) See Attachment 05 - Bidder Information Questionnaire as revised.

38 Appendix B Appendix B even if we have started to produce , the order can be cancelled ? If so , how do you protect the PO which is placed to us

Refer to Appendix B, Section 30 - Purchase Orders .

Attachment 07 -

Bidder Questions

Form

Attachment 07 -

Bidder Questions

Form Is this the first statewide contract for PPE? Yes.

Attachment 07 -

Bidder Questions

Form

Attachment 07 -

Bidder Questions

Form

Are there other NYS contracts(emergency or otherwise) that authorized users are able to purchase PPE?

If so, can you give us the specific provisions of those existing contracts?

Refer to https://ogs.ny.gov/coronavirus-response-contracts for Products Available on State Contract to Help Minimize the Spread of Novel Coronavirus.

A Bidder shall meet the specifications in Section 4 - Specifications of the

Solicitation as revised.

2/4/2021 Page 4 of 19

Group 10150 - Solicitation # 23222

Personal Protective Equipment (PPE) and Related Items Response to Bidder's Inquiries

Attachment 06 -

Bidder Submission

Checklist

Attachment 06 -

Bidder Submission

Checklist

Can this entire bid be sent in electronically (via email), or is there a requirement to put the docs into electronic form (pdf, excel spreadsheet), then everything has to be put onto USB drives and physically mailed in? in other words, is physical mail not avoidable for the bid response?

Email bid submissions are not allowed. Refer to Section 3.3 - Format of Bid

Submission and Section 3.4 - Content of the revised Solicitation.

42 Solicitation Solicitation

If A Manufacturer Does Not Market It's Products Directly, But Markets Them

Through A Wholesaler Who In Turn Does Not Sell To The End User, But Only

Sells To Distributors Like Our Company, Is A Certification Provided By The

Wholesaler To Provide And Support A Bidder For The Products That Are Bid, Coinsidered Acceptable For This Requirement?

No. Attachment 09 - Manufacturer's Certificate must be completed by the

Manufacturer.

43 Solicitation Solicitation

Can you please confirm that you intend to award to multiple vendors and give end users the choice of vendor at time of purchase?

This is correct. Pursuant to Section 1.1 - Overview of the revised Solicitation, "The Solicitation is a non-competitive procurement with multiple awards being made in each of the Lots identified in the Scope clause. The resulting Centralized

Contract(s) will be awarded to responsive and responsible Bidder(s), as discussed in greater detail in the Method of Award clause of the Solicitation."

44 Solicitation Solicitation

States that must be submitted within 10 days of each quarter-QUESTION-

BUSINESS OR CALENDAR DAYS?

Business Days. Refer Section 6.21 - Report of Contract Usage of the Solicitation as revised.

45 Appendix B Appendix B

Are there any requirements for vendors regarding electronic PO's, such as EDI requirements?

Refer to Sections 6.7 - Ordering, 6.8 - Purchasing Card Orders , 6.17 - NYS

Financial System (SFS) of the revised Solicitation, and Appendix B, Section 45 -

Contract Invoicing .

46 Appendix B Appendix B what format would electronic orders be placed (Example-PDF, Excel file)?

Orders can be placed in many different formats and are at the discretion of the

Authorized User. Please also refer to Section 6.17 - NYS Financial System (SFS) of the revised Solicitation.

47 Appendix B Appendix B

This seems to apply to software, computer compoents, etc. Does this apply to those providing product?

Sections 60-66 of Appendix B only apply "To the extent the scope of the

Solicitation or Contract includes the sale, development, maintenance, or use of information technology Products such as software, computer components, systems, or networks for the processing, and distribution, or storage, or storage of data, the following clauses shall govern, as applicable."

Attachment 10 –

Contractor/Reseller/

Distributor

Information Sheet

Attachment 10 –

Contractor/Reseller/D istributor Information

Sheet

Is this section required to be filled out if the company submitting is the manufacturer?

Yes. Attachment 10 – Contractor/Reseller/Distributor Information Sheet is required by all bidders, including Manufacturers and NYS grantees. If Bidder is not utilizing Resellers or Distributors, the top of the form must still be completed.

49 Solicitation Solicitation Do we need to submit a sample or pictures? If so, what is the best way to do it? No. Samples or pictures were not requested as part of the revised Solicitation.

Attachment 07 -

Bidder Questions

Form

Attachment 07 -

Bidder Questions

Form What applications will these PAPR’s be used for? The application for PAPR's will be determined by the Authorized User.

2/4/2021 Page 5 of 19

Group 10150 - Solicitation # 23222

Personal Protective Equipment (PPE) and Related Items Response to Bidder's Inquiries

Attachment 07 -

Bidder Questions

Form

Attachment 07 -

Bidder Questions

Form Will training of PAPR’s be a requirement? Any training requirements will be determined by the Authorized User.

Attachment 07 -

Bidder Questions

Form

Attachment 07 -

Bidder Questions

Form What divisions of the NYS will be utilizing the PAPRs?

Any Authorized User may use the resulting Centralized Contracts. For additional information, see Appendix B, Section 2(a) - Authorized User and Section 6.33 -

Extension of Use of the revised Solicitation.

53 Solicitation Solicitation

Might you consider extending the Bid Opening Date to January 20th or later since the day before bid opening is a holiday? Monday January 18th is MLK day and Fedex/UPS may have delays. The bid opening has been postponed to February 25, 2021 (tentatively).

54 General General

I already submitted my bid prior to the release of Responses to Bidder's

Questions. Is it still acceptable? No. Refer to Section 1.7 - NYS Contract Reporter of the Solicitation as revised.

Group 10150

– Personal

Protective

Equipment (PPE) &

Related Items

(Statewide)

Group 10150

– Personal Protective

Equipment (PPE) &

Related Items

(Statewide)

I don't see Portable Air Purifiers on the Bid and wanted to know if these were needed at this time and if so which Lot would we bid under.

This item is not included in this Solicitation. Bidders shall only bid the items listed in Solicitation Section 4 - Specifications of the Solicitation as revised.

56 Solicitation Solicitation

Will a bid be considered for hand sanitizer product that contains 80% ethanol or ethyl alcohol? (Will such a deviation be considered as it is above the maximum of 70% ethanol or ethyl alcohol as stated in the Solicitation?)

No. Bidders shall only bid the items listed in Section 4 - Specifications as revised.

Refer to Section 4.7 - Lot 7, Hand Sanitizer.

Attachment 11 –

Proof of Bidder

Qualifications

Attachment 11 –

Proof of Bidder

Qualifications

My company is a certifed WBE in New York State. We have sold health and safety products such as feminine hygiene disposal bags in restrooms, liners and incontinence disposal items over the last 11 years in New York State. But we are bidding on some products that are a new sku for us. The items that we have sold over the last 11 years are not listed in this solicitation and I would like to know if we qualify.

These items are not included in this Solicitation. Bidders shall only bid the items listed in Solicitation Section 4 - Specifications as revised.

58 Solicitation Solicitation

Will OGS permit an additional product to be added to the contract as FDA

Certification & ASTM Approvals are met?

OGS, at its discretion, has the right to request a Contractor to update its Price List.

Refer to Section 6.4 - Price and Section 6.16 - Price Updates of the revised

Solicitation.

Attachment 01 -

Pricing

Attachment 01 -

Pricing

Will dispensers need to be quoted for either wall or free standing mounted dispensers to be used in conjunction with hand sanitizer?

This item is not included in this Solicitation. Bidders shall only bid the items listed in Section 4 - Specifications of the Solicitation as revised.

60 Solicitation Solicitation

If an item cannot meet all of the listed specs, but most of them, how might we submit any deviations on product specs?

No. Bidders shall only bid items that meet the requirements listed in Section 4 -

Specifications of the Solicitation as revised.

2/4/2021 Page 6 of 19

Group 10150 - Solicitation # 23222

Personal Protective Equipment (PPE) and Related Items Response to Bidder's Inquiries

61 What is the scoring matrix for this bid?

There is no scoring matrix for this Solicitation. Pursuant to Section 1.1 - Overview , "The Solicitation is a non-competitive procurement with multiple awards being made in each of the Lots identified in the Scope clause. The resulting Centralized

Contract(s) will be awarded to responsive and responsible Bidder(s), as discussed in greater detail in the Method of Award clause of the Solicitation."

Also refer to Section 2.1 - Minimum Qualifications and section 5.1 - Method of

Award of the revised Solicitation.

Attachment 07 -

Bidder Questions

Form

Attachment 07 -

Bidder Questions

Form

Please confirm that manufacturers can bid on one or as many of the PPE categories on this bid?

Yes. Refer to Section 1.2 - Scope and Section 5.1 - Method of Award of the revised Solicitation.

Attachment 11 –

Proof of Bidder

Qualifications

A-8 3 years experience Is there an exception to the 3 year mandatory in order to be considered

Yes, if Bidder is a Grant Recipient as described in Section 2.1 - Minimum

Qualifications of the Solicitation as revised.

Attachment 11 –

Proof of Bidder

Qualifications

3 years Grant

Recipient

If minimum $200,000 PPE sales in 2020 is verified by vendor, is 3 continuous years still required? Yes, refer to Section 2.1 - Minimum Qualifications of the Solicitation as revised.

Attachment 11 –

Proof of Bidder

Qualifications

3 years or grant recipent

Will you accept bids from companies who have been in business for more than

3 years, but not for selling PPE? Refer to Section 2.1 - Minimum Qualifications of the Solicitation as revised.

Attachment 03 -

Encouraging Use of

NYS Businesses

Encouraging NYS business Will you accept bids from Canadian manufacturer?

Yes. This Solicitation is open to all Bidders who meet the qualifications of the

Solicitation. Refer to Section 2.1 - Minimum Qualifications of the Solicitation as revised.

Attachment 11 –

Proof of Bidder

Qualifications

Section 2.1 -

Minimum

Qualification

If we have been in PPE for one year, but have sold over $600,000, is that sufficient, or is the emphasis on the years in industry? Refer to Section 2.1 - Minimum Qualifications of the Solicitation as revised.

2/4/2021 Page 7 of 19

Group 10150 - Solicitation # 23222

Personal Protective Equipment (PPE) and Related Items Response to Bidder's Inquiries

Attachment 11 –

Proof of Bidder

Qualifications

Question #1 of the “3

Years_Grant

Recipient” tab -- Has

Bidder been in continuous operation selling PPE and related items within the scope of this solication for at least threee (3) years immediately preceding the Bid

Opening Date?

Will Bidder's Bid on this solicitation for hand sanitizer be accepted for review with one (1) year of continuous operation selling hand sanitizer?

Bidder asks for a deviation from the 3-year minimum qualification of selling PPE.

Refer to Section 2.1 - Minimum Qualifications of the Solicitation as revised.

69 Solicitation

2.1.1 Minimum

Qualifications

We have been in operation for almost 1 year, and have done around $480,000 in sales. Although it states that Bidders must be in operation for at least 3 years with $200,000 annually, is there a possibility to make an exception? What information do I need to provide you with to make such an exception?

OGS declines to make the requested change. Refer to Section 2.1 - Minimum

Qualifications of the Solicitation as revised.

Attachment 11 –

Proof of Bidder

Qualifications Proof of sales TAB

If sales for one of the years consist of more than the 106 lines provided to get the bider to the 200k needed in sales, what should they do as the excell is locked. An example would have us needing aproximatly 1500 lines for one of the years. Can a revised excell be provided to allow the bider to complete this action acording to the section 2.1 / Minimum Qualifications in the bid. See revised Attachment 11 - Proof of Bidder Qualifications .

71 Solicitation 232222 General

Due to the recent incorporation of our LLC, despite meeting all other requirements, is there a time bound qualification that we do not meet as a company established in 2020? Refer to Section 2.1 - Minimum Qualifications of the Solicitation as revised.

72 General

2.1 Minimum

Qualifications

While reviewing the bid, we noticed there was a requirement to be in the PPE business for at least 3 years. We do not meet that requirement. However, based on our experience and circumstances, I am requesting an exemption to that rule and ask that we be considered for this bid. Refer to Section 2.1 - Minimum Qualifications of the Solicitation as revised.

Attachment 03 -

Encouraging Use of

NYS Businesses

This is not so much a question as it is a query. The qualifications for participating in Contract 23222 require companies to have been in the PPE business for three years and to have aggregate sales in those three years of

$600,000 if I'm not mistaken. This requirement puts companies in the position of not being able to participate when in fact we have done several millions of dollars in PPE sales in one year. Refer to Section 2.1 - Minimum Qualifications of the Solicitation as revised.

2/4/2021 Page 8 of 19

Group 10150 - Solicitation # 23222

Personal Protective Equipment (PPE) and Related Items Response to Bidder's Inquiries

How can you encourage NY businesses by discouraging them from participation based on an arbitrary assumption that three years in PPE is a requirement?

This Solicitation is open to all Bidders who meet the qualifications of the

Solicitation. Refer to Section 2.1 - Minimum Qualifications of the Solicitation as revised.

75 Solicitation

2.1 Minimum

Qualifications

Can a non-US entity participate as a Bidder, especially if the non-US entity meets the minimum of 3 years of continuous operations and minimum $200,000 of PPE sales?

Yes. This Solicitation is open to all Bidders who meet the qualifications of the

Solicitation. Refer to Section 2.1 - Minimum Qualifications of the Solicitation as revised.

76 Solicitation

2.1 Minimum

Qualifications

Can a non-US entity participate in the rebid during the Continuous Recruirement period, even if the non-US entity doesn't have both the minimum three years of continuous operation and $200,000 annually in sales for PPE?

A Bidder must meet the minimum annual sales of PPE and related items within the scope of the Continuous Recruitment when it is published in the New York

State Contract Reporter (NYSCR) at www.nyscr.ny.gov . Refer to Section 6.3 -

Continuous Recruitment of the revised Solicitation.

77 Solicitation

2.1 Minimum

Qualifications

Can the Bidder still qualify if the minimum 3 years of continuous operations does not relate with selling PPE? Refer to Section 2.1 - Minimum Qualifications of the Solicitation as revised.

78 Solicitation

2.1 Minimum

Qualifications

Will the bidder be qualified if they are only able to provide proof of $200,000 sales of PPE in the 2020 year but not in years prior? Refer to Section 2.1 - Minimum Qualifications of the Solicitation as revised.

IFB Main Document

- Solicitation

2.1 Bidder

Qualifications -

Minimum

Qualifications

We exceed the $ sales requirement specified in the bid document by a high multiple in 2020. The company itself has been in business for over five years.

Assuming we provide satisfactory documentation of this relationship and track record, will our bid be considered despite our qualifications deviating from those defined in Section 2.1.1 and 2? Refer to Section 2.1 - Minimum Qualifications of the Solicitation as revised.

80 23222

2. Bidder

Qualification

My question is if our revenue is below $200K annually for prior years, but is well beyond $600K in 2020 alone - can we still be contenders for this bid? Refer to Section 2.1 - Minimum Qualifications of the Solicitation as revised.

81 Solicitation Bidder Qualifications

Page 12 of the document states bidders must have 3 years of continuous operaton of in PPE or receipient of New York State grant for PPE. If I have less than 3 years, but have won an award for PPE related products in NY and I disqualifited from bidding? Refer to Section 2.1 - Minimum Qualifications of the Solicitation as revised.

Attachment 11 –

Proof of Bidder

Qualifications

Due to market volatility and our client’s demand, our procurement model is more a “drop ship supplier” and not a “inventory-held” supplier. Refer to Section 2.1 - Minimum Qualifications of the Solicitation as revised.

Attachment 02 -

NYS Required

Certifications

We directly have not done 3 years of business with NYS. However, our parent company is a NY based company and has done business with numerous government agencies. We collectively are very interested in doing business with the state and providing our supplies at a responsible and competitive rate driven by an ethical impact investment and our core value business model. Do we still qualify to submit a bid under this situation/circumstance? Is this going to be an issue for accepting or rejecting our bid? Refer to Section 2.1 - Minimum Qualifications of the Solicitation as revised.

84 Solicitation

Section 1, Subsection

2.1

As a SDVOB, wanting to partner with a bidder, does the reseller need to also meet the minimum qualifications?

A reseller doesn't need to meet the minimum qualifications. However, the entity submitting a Bid will be required to meet the minimum qualifications as revised in

Section 2.1 - Minimum Qualifications.

2/4/2021 Page 9 of 19

Group 10150 - Solicitation # 23222

Personal Protective Equipment (PPE) and Related Items Response to Bidder's Inquiries

Attachment 11 –

Proof of Bidder

Qualifications

Proof of Bidder

Qualifications Does the reseller need to provide proof of sales if partnering with a bidder?

As the reseller is not the bidder the reseller doesn't need to provide proof of sales.

The entity submitting a Bid will be required to meet the minimum qualifications as revised in Section 2.1 - Minimum Qualifications of the Solicitation as revised.

86 Solicitation 2.1

Is Bidder considered an eligible for this bid through their PPE order with NYS in the spring?

The entity that is submitting a Bid will be required to meet the minimum qualifications of this Solicitation. Refer to Section 2.1 - Minimum Qualifications of the Solicitation as revised.

Attachment 05 -

Bidder Information

Questionnaire 33

If Bidder is Women owned but working on their certificate should this be called out? Would bidder be able to participate as a women owned business?

To submit a bid as an MWBE, New York State certification would need to be approved prior to bid opening. However, you may bid as a non-MWBE if the entity submitting a Bid meets the minimum qualifications. Refer to Section 2.1 -

Minimum Qualifications of the Solicitation as revised.

88 General

Section 6.22 set goals for the participation of Minority and Women Business

Enterprises in this contract. Currently, our firm is not certified as a NYS Woman

Owned Business but we are considering applying for such certification. If we start the certification process with NYS, what time frame is likely for the completion of our certification. Would a pending certification be considered as meeting part of these MWBE goals?

To submit a bid as an MWBE, New York State certification would need to be approved prior to bid opening. However, you may bid as a non-MWBE if the entity submitting a Bid meets the minimum qualifications. Refer to Section 2.1 -

Minimum Qualifications of the Solicitation as revised.

Attachment 11 –

Proof of Bidder

Qualifications Proof of Sales

1) do we need to enter a min of $200K sales data for EACH Lot we are bidding on?

2) We need to show $200K for each of the last 3 years and not $200K in cumulative sales correct? A vendor with a single $600k sale this year only would not meet the requirement, correct?

1) No. The sales requirement is cumulative for Lots 1 through 9 in this Solicitation.

Refer to Section 2.1 - Minimum Qualifications of the Solicitation as revised.

2) Refer to Section 2.1 - Minimum Qualifications of the Solicitation as revised.

90 Solicitation

2. BIDDER

QUALIFICATIONS

Bidder has Demonstrated To Be A Qualified And Reliable Contractor Holding a

Contract Since 2015 And another For Several Years Prior, Does That And An

Agreement In Writing From A Ppe Manufacturer And A PPE Distributer To

Supply Us With The Items We Will Bid Be Acceptable As Meeting The

Qualifications As Outlined In Section 2, Subsection 2.1, Line 1,2 And 3? Refer to Section 2.1 - Minimum Qualifications of the Solicitation as revised.

Attachment 11 –

Proof of Bidder

Qualifications Proof of Sales(2) do you have to show $200K for EACH SKU you want to bid on. For instance, if a vendor wants to bid on all 3 masks in Lot 2, do they need to show $200K in sales for each SKU for each of the last 3 years. The description for this form is a bit nebulous so any details or examples would be appreciated.

A Bidder is not required to prove sales for each SKU. Refer to Section 2.1 -

Minimum Qualifications of the Solicitation as revised.

Attachment 09 –

Manufacturer’s

Certificate

Entire Attachment 9 form Is this required if the company submitting is the manufacturer?

Refer to Section 2.1 - Minimum Qualifications of the Solicitation as revised. If you are the Manufacturer of an Item, the Manufacturer's Certificate is not required.

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Personal Protective Equipment (PPE) and Related Items Response to Bidder's Inquiries

93 Solicitation 2.1 Item#2

Under the Minimum Qualifications requirements, it states that a company must have annual sales at least $200k over the past 3 years in PPE and related items. If a company has been in business over 25 years producing knit apparal, blankets and other related items and has successfully tramsitioned transitioned to directly manufacturing qualified PPE such as gowns and face covers in volume can the minimum Please note this company produced and shipped in excess of $12M in PPE items in 2020, qualification be changed to reflect only

PPE sales generated in 2020 and beyond? inclusive of 6.0M face coverings of which 5.0M were shipped under contract to FEMA. This company is also an

MWBE company. Refer to Section 2.1 - Minimum Qualifications of the Solicitation as revised.

94 Solicitation

2.1 Minimum

qualifications

We sold $500K in 2020 and much less each year in the previous 2 years, does that ualify us? Refer to Section 2.1 - Minimum Qualifications of the Solicitation as revised.

SOLICITATION

NUMBER: 23222

Is it possible for two companies to collaborate for the bid? I am a MWBE in the PPE space that does not quite make it to the $200k annual revenues and does not carry $1million in G/L . However, my peer in the space does and meets these reqs and will do a MWBE utilization plan.

Only one Bidder may submit a response to this Solicitation. Refer to Section 2.1 -

Minimum Qualifications of the Solicitation as revised. The certified MWBE company may be listed in the bidder's Utilization Plan. Refer to Section 6.22 -

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

Employment Opportunities for Minority Group Members and Women of the revised Solicitation.

96 Solicitation Regarding the MWBE utilization plan, what are acceptable grounds for a waiver?

Please refer to Section 6.2 - Contractor Requirements and Procedures for

Business Participation Opportunities for New York State Certified Minority and

Women-Owned Business Enterprises and Equal Employment Opportunities for

Minority Group Members and Women of the revised Solicitation.

97 Solicitation 1.9

Is there a set-aside in this contract for Service Disabled Veteran Owned

Businesses, by either dollar or percentage of total contract? No. There is not a set-aside in this Solicitation.

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Personal Protective Equipment (PPE) and Related Items Response to Bidder's Inquiries

Attachment 07 -

Bidder Questions

Form T&C's

1) What % preference will W/MBE or minority be given in the award process?

2)Also for this contract do they have the W/MBS goals already set up?

1) There is no preference given for MWBE in the award process. Pursuant to

Section 1.1 - Overview, "The Solicitation is a non-competitive procurement with multiple awards being made in each of the Lots identified in the Scope clause.

The resulting Centralized Contract(s) will be awarded to responsive and responsible Bidder(s), as discussed in greater detail in the Method of Award clause of the Solicitation."

2) MWBE goals have been established for this procurement. An overall goal of

30% for MWBE participation, 15% for Minority-Owned Business Enterprises

(“MBE”) participation and 15% for Women-Owned Business Enterprises (“WBE”) participation (based on the current availability of qualified MBEs and WBEs). Refer to Section 6.22 - Contractor Requirements and Procedures for Business

Participation Opportunities for NYS Certified Minority- and Women-Owned

Business Enterprises and Equal Employment Opportunities for Minority Group

Members and Women of the revised Solicitation.

99 General

Waiver for

MWBE/SDVOB

how would we qualify for a waiver for not having a subcontractor

(MWBE/SDVOB)

Refer to Section 6.22 - Contractor Requirements and Procedures for Business

Participation Opportunities for NYS Certified Minority- and Women-Owned

Business Enterprises and Equal Employment Opportunities for Minority Group

Members and Women of the revised Solicitation for MWBE Waiver Requirements and Section 6.23 - Participation Opportunities for New York State Certified Service-

Disabled Veteran Owned Businesses of the revised Solicitation for SDVOB

Waiver Requirements.

100 General MBE Utliization can you give an example of an MBE utlization plan for the selling of goods where

2 categories of the total are going to be bid? How does that look?

The MWBE goals are not reflective by category and are assigned to the overall contract spend. Regardless of the Lots being bid, the MWBE goals assigned in the Solicitation still apply. Bidders can develop a partnership with MWBE resellers.

Refer to Section 6.22 - Contractor Requirements and Procedures for Business

Participation Opportunities for NYS Certified Minority- and Women-Owned

Business Enterprises and Equal Employment Opportunities for Minority Group

Members and Women of the revised Solicitation.

101 Solicitation

6.22 Contract

Requirements-MWBE If our company is not MWBE, does anything need to be submitted?

Yes. All bidders must submit the forms referenced in Section 6.22 - Contractor

Requirements and Procedures for Business Participation Opportunities for NYS

Certified Minority- and Women-Owned Business Enterprises and Equal

Employment Opportunities for Minority Group Members and Women of the revised Solicitation.

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Personal Protective Equipment (PPE) and Related Items Response to Bidder's Inquiries

102 Solicitation

6.22, section 3B-

Form EEO 100

Staffing Plan Is the EEO 100 Staffing plan required if we are not a MWBE organization?

Yes. All bidders must submit the forms referenced in Section 6.22 - Contractor

Requirements and Procedures for Business Participation Opportunities for NYS

Certified Minority- and Women-Owned Business Enterprises and Equal

Employment Opportunities for Minority Group Members and Women of the revised Solicitation.

103 Solicitation

6.22, section 3C-

Form EEO 101 Is the EEO 101 Reporting required if we are not a MWBE organization?

Yes. All bidders must submit the forms referenced in Section 6.22 - Contractor

Requirements and Procedures for Business Participation Opportunities for NYS

Certified Minority- and Women-Owned Business Enterprises and Equal

Employment Opportunities for Minority Group Members and Women of the revised Solicitation.

104 Solicitation 6.22 section V Is the MWBE Utilization plan required if we are not a MWBE organization?

Yes. All bidders must submit the forms referenced in Section 6.22 - Contractor

Requirements and Procedures for Business Participation Opportunities for NYS

Certified Minority- and Women-Owned Business Enterprises and Equal

Employment Opportunities for Minority Group Members and Women of the revised Solicitation.

105 Solicitation 6.23-entire section If our organization is not SDVOB, are the sections/sub-sections required?

Yes. All bidders must submit the forms referenced in Section 6.23 - Participation

Opportunities for New York State Certified Service-Disabled Veteran Owned

Businesses of the revised Solicitation.

106 Solicitation MBE SDVOB Plan can a company behave as a prime vendor for 2 of the nine lots of product categories ( the ones that we manufacture) and work with WMBE and SDVOB to meet the contract requirement?

Yes. You can be a contractor for any Item in any Lot and utilize an MWBE and/or

SDVOB as a reseller. Contractors are still required to meet the goals as specified in the revised Solicitation.

Please advise if we can bid directly as a MWBE firm 100% without partnering

SDVOB or MWBE firm?

No. You must utilize an additional Certified MWBE to meet the total 30% MWBE goal requirement. In addition, the SDVOB requirement must be met utilizing a

Certified SDVOB.

108 Solicitation

6.22/6.23 Contractor

Requirements

MWOBE/SDVOB

Is it possible to add an additional MWBE/SDVOB partner during the term of the contract?

Yes. You can add Certified MWBE and/or Certified SDVOB partners at any time during the term of the contract by submitting a revised MWBE or SDVOB

Utilization Plan.

109 General 1. Product Specs What is the product packing for each item in the 9 lots?

Refer to Section 6.12 - Product Delivery and 6.25 - Bulk Delivery and Alternate

Packaging of the revised Solicitation. Packing for the items, number of items per box and number of boxes per case, are determined by the Bidder and recorded in revised Attachment 01 - Pricing . Also see Appendix B, Section 33 -

Shipping/Receipt of Product , Paragraph (a), Packaging.

Attachment 07 -

Bidder Questions

Form Group 10150 What are the payment terms for these PPE items? Refer to Section 6.11 - Invoicing and Payment of the revised Solicitation.

111 Appendix B

47 PROMPT

PAYMENTS b. By

Non-State Agencies if we make and send the invoice upon BL date , is it OK? Refer to Section 6.11 - Invoicing and Payment of the revised Solicitation.

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Personal Protective Equipment (PPE) and Related Items Response to Bidder's Inquiries

112 Appendix B Procurement Cards

Section 6.8 of the IFB requires that the Contractor "accepts orders using the

State's Purchasing Card" and not charge the Authorized User any additional charges for using the card. What fees and/or percentages of the invoices are imposed on the Contractor if the Purchasing Card is used?

Any fees imposed on the Contractor relating to acceptance of the Purchasing Card are determined by the issuer of the Purchasing Card (bank or financial institution) and the Credit Card Network (Visa, Mastercard, etc.), and may vary depending upon many factors such as the type, amount, and volume of transactions.

Currently, the State’s Purchasing Card is a Visa card issued by Citibank.

113 Appendix B 15-Purchasing Card Is it required to accept Purchase Cards, or are there other options for payment?

Refer to questions #20-23 in Attachment 05 - Bidder Information Questionnaire as revised .

If Bidder accepts purchasing card, refer to Section 6.8 - Purchasing Card Orders of the revised Solicitation.

114 General

3. Current Contract

Price What are the current contract prices?

OGS has multiple contracts that include PPE and related Items. Bidders can review pricing for products available on State contract to help minimize the spread of novel coronavirus at the following link: https://ogs.ny.gov/coronavirus-response-contracts

115 attachment 1

How are bidders protected against the common price swings month to month in this sector. Between the bid date and contract start, prices and production costs can jump 50% or more, due to exogenous market conditions?

Refer to Section 3.13 - Firm Offer of the Solicitation, which requires that bids are

"firm and irrevocable, for at least 60 calendar days from the due date, unless the time for awarding the Contract is extended by mutual consent of OGS and the

Bidder" and that bids "remain an effective offer, firm and irrevocable, subsequent to such 60 calendar-day period until either tentative award of the Contract by OGS is made or withdrawal of the Bid in writing by the Bidder." Issues relating to price under the contract are addressed in Sections 6.6 - Price Structure and 6.16 -

Price Updates of the Solicitation.

116 there is no way to indicate Level 1, Level 2, Level 3, Level 4 rated gown pricing. Refer to Attachment 01 - Pricing as revised.

Attachment 01 -

Pricing

Are you looking for a fixed price for the term of the bid or are you looking for varible pricing (as market price changes on these items)?

Refer to Section 6.4 - Price and Section 6.16 - Price Updates of the revised

Solicitation.

118 Solicitation

4.7 Lot 7: Hand

Sanitizer

4.8 Lot 8: Disinfecting

Wipes

Hand sanitizer NEED SIZE WANTED - Available: 1oz, 2oz, 17oz, 300ml spray bottles, 500ml spray bottles, 1 gallon Wipes NEED SIZE WANTED - Available:

1200ct bucket or bag, 100ct tub, 180ct tub, 250ct tub, 500ct tub, 20ct flowpack, 80ct flowpack, 160ct flowpack

Attachment 01 - Pricing as revised allows for the Bidder to manually enter the size of the item being bid in column B.

Attachment 01 -

Pricing Lot 7 Hand Sanitizers; Please confirm requested sizes

Attachment 01 - Pricing as revised allows for the Bidder to manually enter the size of the item being bid in column B.

120 Solicitation 6.16

Given the evolving market conditions with respect to PPE and related costs, will the State consider language proposed by Bidders regarding extraordinary market conditions that may require price changes?

OGS declines to make the requested change. However, refer to Section 6.6 -

Price Structure and Section 6.16 - Price Updates of the revised Solicitation.

121 Solicitation 6.16

Can pricing being adjusted after the bid has been entered for that smae year as the market fluctuates?

Refer to Section 6.6 - Price Structure and Section 6.16 - Price Updates of the

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Group 10150 - Solicitation # 23222

Personal Protective Equipment (PPE) and Related Items Response to Bidder's Inquiries

Attachment 01 -

Pricing Pricing Form

Can a bidder propose different pricing based on the quantities packaged together? For example, individually, in packages of 10, in packages of 25?

Yes. Refer to the instructions listed in Attachment 01 - Pricing as revised and

Section 6.4 - Price of the revised Solicitation.

Attachment 01 -

Pricing Pricing Form Can a bidder propose different pricing based on regions within the State No. This solicitation isn't being awarded by Region.

Attachment 01 -

Pricing Pricing Form

Section 6.31 If a bidder ships outside NYS, the IFB allows modification of pricing. How does the bidder reflect this modification in the pricing matrix?

Pursuant to Section 6.4 - Price of the revised Solicitation, pricing "shall be all-inclusive, including but not limited to labor, bundling, delivery charges, fuel surcharges, utility rate surcharges, dock fees, license fees, procurement or transportation surcharges, tariffs, customs duties and charges, or other surcharges applied." Issues relating to price under the contract are addressed in

Sections 6.6 - Price Structure and 6.16 - Price Updates of the revised

Solicitation.

Also refer to Appendix B, Section 33 - Shipping/Receipt of Product .

Attachment 01 -

Pricing Pricing Form

Section 6.4 of the IFB allows for additional shipping costs to be charged to the user if expedited delivery is required. How does the bidder reflect this modification in the pricing matrix?

Pursuant to Section 6.4 - Price of the revised Solicitation, pricing "shall be all-inclusive, including but not limited to labor, bundling, delivery charges, fuel surcharges, utility rate surcharges, dock fees, license fees, procurement or transportation surcharges, tariffs, customs duties and charges, or other surcharges applied." Issues relating to price under the contract are addressed in

Sections 6.6 - Price Structure and 6.16 - Price Updates of the revised

Solicitation.

Also refer to Appendix B, Section 33 - Shipping/Receipt of Product .

Attachment 07 -

Bidder Questions

Form 4.5-c Lot V: Gowns coveralls can be purchased with bootie and hoods, or without. The spec states

"may" cover head and feet. Can we submit bids for each or can you callout the style needed?

Bidders may submit for each style.