23222i_revised20210204.pdf

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

Solicitation (Revised February 4, 2021)

23222i.docx Revised 2/4/21

BID OPENING

DATE: January 19, 2021 February 25, 2021

TIME: 11:00 A.M. EST

TITLE: Group 10150 – Personal Protective Equipment (PPE) & Related Items (Statewide)

SOLICITATION NUMBER: 23222

Classification Code: 42

CONTRACT PERIOD: 5 years with option to renew and continuous recruitment

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.

Lori L. Bahan Contract Management Specialist Telephone No. (518) 486-7313 E-mail address: lori.bahan@ogs.ny.gov

David Gambacorta Team Leader Telephone No. (518) 473-9614 Email address: david.gambacorta@ogs.ny.gov

Bidder’s Federal Tax Identification Number:

(Do Not Use Social Security Number)

NYS Vendor Identification Number:

(See New York State Vendor File Registration Clause)

Legal Business Name of Company Bidding:

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

Street

City

State

County

Zip Code

E-mail Address:

Company Web Site:

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

NYS Small Business # Employees

Service Disabled Veteran Owned Business

NYS Minority Owned Business

NYS Women Owned Business

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

WE ARE NOT BIDDING AT THIS TIME BECAUSE:

FOR PROCUREMENT SERVICES USE ONLY

LITERATURE LETTER USB FLASH DRIVE # of Binders/Packages:

PURC. MEMO OTHER ________________ Documented by: ______________

GROUP 10150 – Personal Protective Equipment (PPE) & Related Items PAGE 2

23222i Revised 2/4/21

Bidder Certification and Affirmation

Bidder certifies and affirms as follows:

1. This Bid is an irrevocable offer for 60 days from the date of submission to the New York State (“NYS”)

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

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

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

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

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

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

Print Full Bidder Entity Name

By:

Signature of Person Authorized to Legally Bind the Bidder

Print Name of Signatory

Print Title of Signatory

Date

RETURN THIS PAGE AS PART OF BID

GROUP 10150 – Personal Protective Equipment (PPE) & Related Items PAGE 3

INTRODUCTION

Overview

Scope

Estimated Quantities

Key Events/Dates

Intent to Bid

Pre-Bid Conference

NYS Contract Reporter

Bidder Questions

MWBE & SDVOB Interest in Partnering with Bidders

Summary of Policy and Prohibitions on Procurement Lobbying

Definitions

Appendices and Attachments

Conflict of Terms

NYS Comptroller Approval

BIDDER QUALIFICATIONS

Minimum Qualifications

BID SUBMISSION

Performance and Bid Bonds

NYS Vendor File Registration

Format of Bid Submission

Content

Bid Envelopes and Packages

Bid Delivery

Important Building Access Procedures

NYS Required Certifications

Manufacturer’s Certificate

Bid Deviations

Electronic Bid Opening Results

Bid Liability

Firm Offer

NYS Reserved Rights

Incorporation

SPECIFICATIONS

Lot 1: Respirators

N95 Surgical Respirator

N95 Industrial Respirator

Powered Air-Purifying Respirator (PAPR)

Lot 2: Masks

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Surgical Masks

Medical Clear-View Masks

Non-Medical Clear View Masks

Non-Surgical/ Non-Medical Masks

Lot 3: Face Shields & Goggles

Medical Face Shields

Non-Medical Face Shields

Medical Goggles

Non-Medical Goggles

Lot 4: Gloves

Vinyl Gloves

Nitrile Gloves

Lot 5: Gowns & Coveralls

Disposable Isolation Gowns

Disposable Surgical Gowns

Disposable Coveralls

Reusable Gowns

Lot 6: Covers

Shoe/Boot Covers

Hair Covers (Bouffants)

Lot 7: Hand Sanitizer

Ethyl Alcohol Hand Sanitizer

Isopropyl Alcohol

Lot 8: Disinfecting Wipes

Disinfecting Wipes:

B. Isopropyl Alcohol Wipes:

Lot 9: Fit Test Kits

A. Qualitative Fit Test (QLFT):

METHOD OF AWARD

Method of Award

Notification of Award

Debriefings

TERMS AND CONDITIONS

Contract Term and Extensions

Short Term Extension

Continuous Recruitment

Price

Best Pricing Offer

Price Structure

Ordering

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Purchasing Card Orders

Minimum Order

Procurement Instructions for Authorized Users

Invoicing and Payment

Product Delivery

Product Returns and Exchanges

Unanticipated Excessive Purchase

Contract Administration

Price Updates

NYS Financial System (SFS)

Americans with Disabilities Act (ADA)

N.Y. State Finance Law § 139-l

Insurance

Report of Contract Usage

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

Participation Opportunities For New York State Certified Service-Disabled Veteran Owned Businesses 37

Use of Recycled or Remanufactured Materials

Bulk Delivery and Alternate Packaging

Diesel Emission Reduction Act

Overlapping Contract Products

Preferred Source Products

NYS Vendor Responsibility

NYS Tax Law Section 5-a

“OGS or Less” Guidelines

Non-State Agencies Participation in Centralized Contracts

Extension of Use

Resellers for Order Fulfillment

Centralized Contract Modifications

New Accounts

Drug and Alcohol Use Prohibited

Traffic Infractions

Samples and Testing

APPENDICES

Appendix A – Standard Clauses for NYS Contracts (October 2019) Appendix B – General Specifications (April 2016) Appendix C – Contract Modification Procedure Appendix D – Federal Emergency Management Agency (FEMA) Terms and Conditions

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ATTACHMENTS

Attachment 01 – Pricing (Revised 2/4/21) Attachment 02 – NYS Required Certifications Attachment 03 – Encouraging Use of NYS Businesses Attachment 04 – Insurance Requirements Attachment 05 – Bidder Information Questionnaire (Revised 2/4/21) Attachment 06 – Bidder Submission Checklist (Revised 2/4/21) Attachment 07 – Bidder Questions Form Attachment 08 – Report of Contract Usage Attachment 09 – Manufacturer’s Certificate Attachment 10 – Contractor/Reseller/Distributor Information Sheet (Revised 2/4/21) Attachment 11 – Proof of Bidder Qualifications (Revised 2/4/21)

GROUP 10150 – Personal Protective Equipment (PPE) & Related Items PAGE 7

INTRODUCTION

Overview

This Solicitation is issued by the New York State (“NYS”) Office of General Services (“OGS”), Procurement Services. OGS is a New York State Agency authorized by law to establish Centralized Contracts for use by NYS Agencies and other Authorized Users, as that term is defined by State Finance Law Section 163(1)(k).

The purpose of this Solicitation is to establish Centralized Contracts for Personnel Protective Equipment (PPE), and related items (Statewide).

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.

This is a continuous recruitment Solicitation. Bids received under this Solicitation will be reviewed beginning on the Bid Opening Date indicated in the Key Events/Dates clause. See the Method of Award clause for additional information.

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

Bidders should pay strict attention to the Bid Opening Date and Time to avoid 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.

Scope

This Solicitation is for PPE and related items as provided in the Lots below. A Bidder may bid on any or all Items within any Lot, provided that the minimum qualifications are met. A Bidder may Bid more than one Manufacturer for each Item in a Lot.

Lot 1: Respirators (N95 & PAPR) Lot 2: Masks (Surgical, Clear View & Non-Surgical) Lot 3: Face Shields & Goggles (Medical & Non-Medical) Lot 4: Gloves (Vinyl & Nitrile) Lot 5: Gowns & Coveralls (Isolation, Surgical (Disposable & Reusable) & Coveralls) Lot 6: Covers (Shoe/Boot & Hair) Lot 7: Hand Sanitizer (Ethyl Alcohol & Isopropyl Alcohol) Lot 8: Disinfecting Wipes (Disinfecting & Isopropyl Alcohol) Lot 9: Fit Test Kits

Bidder is not required to bid on all Lots. Bidder is also not required to bid on all Items as described in the specifications within each Lot.

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 separate but item related awards, is approximately $15,000,000 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.

GROUP 10150 – Personal Protective Equipment (PPE) & Related Items PAGE 8

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 are non-exclusive Contracts.

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

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

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

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

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

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

Key Events/Dates

EVENT DATE TIME

Solicitation Release December 3, 2020 N/A

Closing Date for Bidder Questions and MWBE/SDVOB Participation Interest

December 17, 2020 5:00 PM ET

Responses to Bidder Questions (Tentative) January 7, 2021 February 4, N/A

Bid Opening / Due Date for Bids January 19, 2021 February 25, 2021

11:00 AM ET

Contract Approval Date / Award Publish Date (Tentative)

March 19, 2021 April 23, 2021 N/A

Continuous Recruitment Will Begin At the discretion of the Office of General Services

N/A

Intent to Bid

There will be no Intent to Bid for this Solicitation.

Pre-Bid Conference

There will be no Pre-Bid Conference for this Solicitation.

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.

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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 will result in the Bid being deemed non-responsive to the Solicitation.

Bidder Questions

All questions regarding this Solicitation should be submitted using Attachment 07 – Bidder Questions Form, citing the applicable Solicitation document name and document section. The completed form must be emailed to lori.bahan@ogs.ny.gov by the date and time indicated in the Key Events/Dates section. Questions submitted after the deadline indicated may not be answered. A Bidder is strongly encouraged to submit questions as soon as possible. Answers to all questions of a substantive nature will be provided to all prospective Bidders in the form of a question and answer document 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 the Bid Deviations clause for additional information.

MWBE & SDVOB Interest in Partnering with Bidders

If a New York State certified MWBE or SDVOB would like to indicate its interest in working with participating Bidders, please send an e-mail entitled “Solicitation 23222 MWBE or SDVOB INTEREST_COMPANY NAME” to lori.bahan@ogs.ny.gov on or before the date and time indicated in the Key Events/Dates section. The e-mail content should include:

1. Company Name

2. Contact Name and Contact Information such as Phone Number, Mailing Address and E-Mail Address

3. Brief description of the company and the products and/or services that the company offers that are related to this Solicitation (for example “Company ABC manufactures chemicals”)

4. The NYS Certification Type (Minority and/or Women-Owned or SDVOB)

5. Include what locations in NYS the company provides services in.

A list of the NYS certified MWBE and SDVOB vendors who have expressed interest in this Solicitation through the timely submission of such email, will be made available to prospective Bidders through the publishing of a Purchasing Memorandum posted through the New York State Contract Reporter.

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/.

GROUP 10150 – Personal Protective Equipment (PPE) & Related Items PAGE 10

Definitions

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

“Agency or Agencies” shall refer to the State of New York, acting by or through one or more departments, boards, commissions, offices or institutions of the State of New York.

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

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

“Business Entity” shall refer to 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.

“Continuous Recruitment” is a process whereby OGS allows for continuous recruitment of additional

Contractors during the term of the Contract.

“Manufacturer” shall refer to an organization or business entity that creates, makes, processes, or fabricates a product or something of value, which changes a raw material or commodity from one form to another or creates a new product or commodity.

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

“May” shall refer to the permissive in a contract clause or specification. “May” does not mean “required.”

“Must” shall refer to the imperative in a contract clause or specification. “Must” is synonymous with “required.”

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

Juneteenth; Independence Day; Labor Day; Columbus Day; Veteran’s Day; Thanksgiving Day; and Christmas Day.

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

“Personal Protective Equipment (PPE) and Related Items” shall refer to equipment worn or used to minimize exposure to serious workplace injuries and the spread of infection or illness. For purposes of this Solicitation, all Items, within all nine (9) Lots, shall be considered PPE and related items.

“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

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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”).

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

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

“Shall” refers to the imperative in a contract clause or specification. “Shall” is synonymous with “required.”

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 (October 2019)

Appendix B – General Specifications (April 2016) Appendix C – Contract Modification Procedure Appendix D – Federal Emergency Management Agency (FEMA) Terms and Conditions

Attachment 01 – Pricing (Revised 2/4/21) Attachment 02 – NYS Required Certifications Attachment 03 – Encouraging Use of NYS Businesses Attachment 04 – Insurance Requirements Attachment 05 – Bidder Information Questionnaire (Revised 2/4/21) Attachment 06 – Bidder Submission Checklist (Revised 2/4/21) Attachment 07 – Bidder Questions Form Attachment 08 – Report of Contract Usage Attachment 09 – Manufacturer’s Certificate

Attachment 10 – Contractor/Reseller/Distributor Information Sheet (Revised 2/4/21) Attachment 11 – Proof of Bidder Qualifications (Revised 2/4/21)

Conflict of Terms

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

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

2. The Solicitation;

3. Appendix B, General Specifications;

4. All other appendices and attachments to the Solicitation.

NYS Comptroller Approval

Pursuant to the Memorandum of Understanding (“MOU”) dated August 15, 2019 between the Offices of the New York State Governor Andrew M. Cuomo (“Executive”), New York State Comptroller Thomas P. DiNapoli (“OSC”), the State University of New York (“SUNY), the State University of New York Construction Fund (“SUCF”), the City University of New York (“CUNY”), and the City University of New York Construction Fund (“CUCF”), procurement documents and contracts awarded under this Solicitation shall have no force and effect and the State bears no liability unless such procurement documents and contracts awarded under this Solicitation are approved by OSC or the pertinent pre-audit review period under the MOU has elapsed.

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BIDDER QUALIFICATIONS

Minimum 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 and/or provide the required products of the resulting Contract. Bidder shall have the burden of demonstrating to the satisfaction of Procurement Services that it can perform the work required and/or provide the required products. Procurement Services reserves 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 products.

Any Bidder who fails to meet the following minimum qualifications will be disqualified but will be able to rebid during the continuous recruitment process set forth in the Continuous Recruitment clause of this Solicitation.

A Bidder shall meet the following qualifications set forth below:

1. Bidders must have been in continuous operation for at least three (3) years immediately preceding the

Bid Opening Date OR be the recipient of a New York State grant for PPE and related items on or before the Bid Opening Date.

a. Bidders shall complete this information as required in Attachment 11- Proof of Bidder Qualifications.

2. Bidders must provide proof of at least $200,000 annually in sales for PPE and related items within the scope of this solicitation for the prior three years immediately preceding the Bid Opening Date OR be the recipient of a New York State grant for PPE and related items within the scope of this solicitation on or before the Bid Opening Date.

a. Bidder shall complete this information as required in Attachment 11- Proof of Bidder Qualifications. OGS reserves the right to request additional documentation to verify sales information provided.

3. Bids will be accepted from either established Manufacturers or Business Entities that provide a

Manufacturer’s Certificate or attestation letter completed by the Manufacturer acknowledging this level of support for all item(s) being Bid. See Attachment 09 – Manufacturer’s Certificate.

4. For Bidders qualifying as an Empire State Development Grant recipient, the Grant received must directly match the Item for which Bidder is bidding. Bidder must provide proof from Empire State Development that they are a Grant recipient, including a description of the item.

If the Grant recipient chooses to bid on Items of another Manufacturer, Bidder must meet the continuous service and proof of sales requirements above and provide a Manufacturer Certificate from that Manufacturer.

Failure by a Bidder to provide any of the above information as requested by OGS or to meet any of the above qualifications in whole or in part may result in a rejection of that Bidder’s bid.

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 and/or provide the required products of the resulting Contract. Bidder shall have the burden of demonstrating to the satisfaction of Procurement Services that it can perform the work required and/or provide the required products. Procurement Services reserves 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 and/or provide the required products under the resulting Contract as it deems necessary to ensure safe and satisfactory products.

Bidder shall complete Minimum Qualification information as required in Attachment 11- Proof of Bidder Qualifications (Revised 2/4/21). OGS reserves the right to request additional documentation to verify sales information provided.

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Bids will be accepted from either established Manufacturers or Business Entities that provide a Manufacturer’s Certificate or attestation letter completed by the Manufacturer acknowledging this level of support for all item(s) being Bid. See Attachment 09 – Manufacturer’s Certificate.

Failure by a Bidder to provide any of the required information as requested by OGS in whole or in part may result in a rejection of that Bidder’s bid.

Any Bidder who fails to meet the minimum qualifications in paragraphs (1) or (2) below, as applicable, will be disqualified but will be able to rebid during the continuous recruitment process set forth in the Continuous Recruitment clause of this Solicitation.

1. Bidder is either the recipient or participant in one of the following programs for PPE and related items on or before the Bid Opening Date:

a. Empire State Development (ESD) Grant; or

b. A project supported by FuzeHub’s Jeff Lawrence Innovation Fund, a Program funded by ESD, Division of Science Technology and Innovation (NYSTAR), Note: A and B above are hereafter individually and collectively referred to as “Grant” or “Grant Recipient” as applicable.

Grant Recipient must provide a copy of the notification from ESD advising that Bidder was awarded a Grant or Grant Recipient’s Contract Number. This proof must also include a description of the Item(s) for which the Grant was received.

If Grant Recipient is only bidding on Items listed in Section 4 – Specifications for which they received their Grant, they are not required to comply with the requirements of Section 2.1(2), below. However, if Grant Recipient is bidding on Items listed in Section 4 - Specifications which are not part of their Grant, they must meet the requirements of Section 2.1(2), below, for those Items.

Example: Grant was for surgical masks. Grant Recipient not required to meet the requirements of Section 2.1(2). If in addition to surgical masks, Grant Recipient wants to bid gowns; Grant Recipient must meet the requirements of Section 2.1(2) for gowns.

2. Bidder has been in continuous operation for at least three (3) years immediately preceding the Bid Opening Date, and either:

a. Bidder must provide proof of at least $200,000 annually in sales of PPE and related items within the scope of this Solicitation for the prior three (3) years immediately preceding the Bid Opening Date to any entity (governmental, non-governmental, political subdivisions, etc.). To clarify, each one-year period must total at least $200,000 in sales, for a cumulative total of at least $600,000 in sales; or

b. Bidder must provide proof of at least $400,000 in sales of PPE and related items within the scope of this Solicitation for the prior one (1) year immediately preceding the Bid Opening Date to at least five (5) distinct Governmental Entities. To clarify, each Governmental Entity must total at least $400,000 in sales, for a cumulative total of at least $2,000,000 in sales. For example:

$400,000 in sales to Westchester County Department of Public Safety, NY; $400,000 in sales to the State of Florida Department of Highway Safety and Motor Vehicles; $400,000 in sales to the City of Atlanta Department of Corrections; $400,000 in sales to NYS Department of Health; and $400,000 in sales to NYS Department of State.

For the purposes of this Solicitation, a “Governmental Entity” is defined as a Department or Agency of the United States, or any State, or political subdivision thereof.

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BID SUBMISSION

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.

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, both foreign and domestic, 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, and is a domestic vendor, the Bidder must request assignment of a Vendor ID from OGS. Bidder must complete the OSC Substitute W-9 Form (https://www.osc.state.ny.us/files/vendors/2017-11/vendor-form-ac3237s-fe.pdf) and submit the form to the OGS Designated Contact identified in the Solicitation 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.

If the Bidder is not currently registered in the Vendor File, and is a foreign vendor, the Bidder must complete the appropriate forms and submit in advance of Bid submission to the OGS Designated Contact identified in the Solicitation. Guidance on how to obtain a Vendor ID can be found at the following website:

https://web.osc.state.ny.us/agencies/guide/MyWebHelp/Content/X/3/B/1.htm.

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

Format of Bid Submission

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

E-mail or facsimile Bid submissions are not acceptable.

Incomplete or missing Attachment 01 (Revised 2/4/21) – Pricing may disqualify Bidder.

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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.

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.

All Bid documents and literature must be provided in English.

Bids must be complete and legible. All Bids must be signed. All information required by the Bid Specifications must be supplied by the Bidder on the required forms and in the format specified. No alteration, erasure or addition is to be made to the Bid Documents. New York State Office of General Services reserves the right to reject any bid submission or portion thereof determined to have been altered or modified from the original format by the Bidder. Such alterations or modifications include, but are not limited to: any change to document header(s), footer(s) and/or cell(s); unprotecting worksheet(s) or workbook(s); hiding or unhiding cell(s)/column(s)/row(s)/worksheet(s); and locking or unlocking cell(s). Bidders are cautioned to verify their Bids documents before submission.

Content

1. A complete Bid consists of two (2) complete copies of each of the following forms and any additional required documents specified in each form, in the format(s) specified: Original paper versions of documents are to be placed in a loose-leaf binder and tabbed.

# Bid Document File

Format Electronic

(USB)

Original

(Hard Copy) a.

Pages 1 and 2 of the Solicitation with original ink, and any additional Bid Solicitation updates, if applicable.

PDF X X

b.

Completed Attachment 01– Pricing (Revised 2/4/21). Must be submitted as an Excel file.

Excel X c.

Completed Attachment 02 – NYS Required Certifications with original ink signatures.

PDF X X

d.

Completed Attachment 03 – Encouraging Use of NYS Businesses. PDF X e.

Proof of compliance with Attachment 04 - Bidder's Insurance Requirements. PDF X f..

Completed Attachment 05 - Bidder Information Questionnaire (Revised 2/4/21).

Excel X g.

Completed Attachment 06 – Bidder Submission Checklist (Revised 2/4/21) .

Excel X h.

Completed Attachment 09 – Manufacturer’s Certificate with original ink signatures.

PDF X X

i.

Completed Attachment 10 – Contractor/Reseller/Distributor Information Sheet (Revised 2/4/21).

Excel X j.

Completed Attachment 11 – Proof of Bidder Qualifications (Revised 2/4/21).

Excel X k.

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

PDF X X

l.

Completed MWBE 100 – MWBE Utilization Plan with original ink signature.

PDF X X

m.

Completed EEO 100 – Equal Employment Opportunity Staffing Plan with original ink signature.

PDF X X

n.

Completed SDVOB 100 – SDVOB Utilization Plan with original ink signature.

PDF X X

GROUP 10150 – Personal Protective Equipment (PPE) & Related Items PAGE 16 o..

Completed Standard Vendor Responsibility Questionnaire or certification that a Questionnaire has been completed online.

PDF X

Not required if submitted online

2. Two (2) USB flash drives containing all documentation in Number One (1) above to be saved as separate files.

Also, please note that in the case of discrepancies between paper copies and USB flash drive submissions of the documents required in both formats, the electronic USB flash drive copy shall take precedence over the paper copy.

A Bidder should note that any indicators or messages that have been built into the attachments are informational only and provided solely for the purpose of assisting Bidders in completing the attachments.

The presence or absence of notes or indicators is not a determination by the State as to the sufficiency of the attachments with respect to the Solicitation requirements. Bidders remain responsible for reviewing the attachments to ensure compliance with the Solicitation requirements.

Bidders must provide all the items specified on Attachment 06 – Bidder Submission Checklist (Revised

2/4/21) with their Bid Proposal at the time of the Bid opening. Incomplete bids may be disqualified but will be able to rebid during the continuous recruitment process.

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 23222

3. Bid Opening Date and Time

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

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

Bid prior to the scheduled Bid opening.

Bid Delivery

Bids shall be delivered to the following address on or before 11:00 a.m. ET, on or before the Bid opening date as stated in the Key Events/Dates clause:

State of New York Executive Department Office of General Services

Procurement Services Corning Tower - 38th Floor Reception Desk

Empire State Plaza Albany, NY 12242

Bidder assumes all risks for timely, properly submitted deliveries. The time of Bid receipt is determined by

OGS according to the clock at the above-noted location. A Bidder is strongly encouraged to arrange for delivery of Bids to OGS prior to the date of the Bid opening. Late Bids shall be rejected, except as provided in Appendix B, Late Bids. All Bids and accompanying documentation shall become the property of the State of New York and shall not be returned.

Important Building Access Procedures

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Bidders are hereby advised that due to COVID 19, OGS Procurement Services will not be accepting hand-delivered bids (mail and other delivery services are still allowed to access the building), nor granting access to any visitors to attend the Bid Opening. See Electronic Bid Opening Results clause.

NYS Required Certifications

A Bidder is required to submit the signed New York State Required Certifications (Attachment 02 – NYS

Required Certifications) with its Bid.

Manufacturer’s Certificate

Bids will be accepted from Business Entities that provide a Manufacturers Certificate or attestation letter completed by the Manufacturer acknowledging this level of support for all item(s) being Bid. See Attachment 09 – Manufacturer’s Certificate.

Bid Deviations

Bids must conform to the terms set forth in the Solicitation. As set forth in Bidder Questions, if Bidder intends to submit a Bid that deviates from the requirements of the Solicitation in any way, the proposed deviations should be submitted during the Questions period so that they may be given due consideration prior to the submission of Bids. Material deviations (including additional, inconsistent, conflicting, or alternative terms) submitted with the Bid may render the Bid non-responsive and may result in rejection of the Bid.

Bidder is advised that OGS will not entertain any exceptions to Appendix A (Standard Clauses for New York

State Contracts). OGS will also not entertain exceptions to the Solicitation or Appendix B (General Specifications) that are of a material and substantive nature.

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

Electronic Bid Opening Results

OGS Procurement Services posts Bid information on the OGS Procurement Services web page. 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.

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.

Firm Offer

Bids must remain an effective offer, 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. A Bid shall continue to 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.

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;

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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. 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;

M. 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;

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

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

P. Reject an obviously unbalanced Bid as determined by the State; and Q. Make no award for any Product, region, or lot, as applicable, for reasons including, but not limited to, unbalanced, unrealistic or excessive Bidder pricing, a change in Authorized User requirements and/or Products, or an error in the Solicitation (e.g., use of incorrect reference, pack size, description, etc.). In such case, evaluation and ranking of Bids may be made on the remaining Products, regions, or lots.

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

Incorporation

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

SPECIFICATIONS

United States Food and Drug Administration (FDA) approval(s) must be obtained prior to the Bid Opening Date listed in Section 1.4. An Emergency Use Authorization (EUA) issued by the FDA for certain PPE and Related Devices in response to COVID-19 is not being recognized for the purposes of this Solicitation and will not be accepted for any of the PPE and related items in the Lots below.

Bidder shall only bid the Items listed in the Lots below. A Bidder may bid on any or all Items within any Lot, provided that the minimum qualifications specified in the Solicitation are met. A Bidder may Bid more than one Manufacturer for each Item in a Lot.

Lot 1: Respirators

N95 Surgical Respirator

National Institute of Occupational Safety and Health (NIOSH) certified N95 mask that is currently listed on the

Centers for Disease Control and Prevention (CDC) website:

https://www.cdc.gov/niosh/npptl/topics/respirators/disp_part/respsource3surgicaln95.html

GROUP 10150 – Personal Protective Equipment (PPE) & Related Items PAGE 19

Packaging: The NIOSH approval label must be found on or within the packaging of the respirator and/or on the respirator itself. The required labeling of NIOSH-Approved N95 filtering facepiece respirators includes the

NIOSH name, the approval number, filter designations, lot number, and model number to be printed on the respirator.

N95 Industrial Respirator

National Institute of Occupational Safety and Health (NIOSH) certified N95 mask that is currently listed on the

Centers for Disease Control and Prevention (CDC) website:

www.cdc.gov/niosh/npptl/topics/respirators/disp_part/N95list1.html

Note: Respirators listed with exhalation valves are excluded from this bid and resulting contracts

Packaging: The NIOSH approval label must be found on or within the packaging of the respirator and/or on the respirator itself. The required labeling of NIOSH-Approved N95 filtering facepiece respirators includes the

NIOSH name, the approval number, filter designations, lot number, and model number to be printed on the respirator.

Powered Air-Purifying Respirator (PAPR)

Approved NIOSH 42 CFR 84 PAPR systems with particulate protection that are listed on the NIOSH Certified

Equipment List (CEL):

https://www2a.cdc.gov/drds/cel/cel_results.asp?startrecord=1&Search=cel_form&maxrecords=50&schedule=

21C&contaminant=41&appdatefrom=&appdateto=&powered=&scbatype=&scbause=&privatelabel=

Lot 2: Masks

Masks must be packaged to protect from sources of contamination in storage.

ASTM Levels of Protection:

• Level 1: 80mmHG resistant to penetration by synthetic blood more than 4.0 differential pressure mmH2O/CM2, greater than or equal to 95% Bacterial Filtration Efficiency (BFE), greater than or equal to 95% Submicron Particulates Filtration Efficiency (PFE) at .1 micron, Class I flame spread

• Level 2: 2020mmHG resistant to penetration by synthetic blood more than 5.0 differential pressure MMH2O/CM2, greater than or equal to 98% Bacterial Filtration Efficiency (BFE), greater than or equal to 98% Submicron Particulates Filtration Efficiency (PFE) at .1 micron, Class I flame spread

• Level 3: 160mmHG resistant to penetration by synthetic blood more than 5.0 differential pressure MMH2O/CM2, greater than or equal to 98% Bacterial Filtration Efficiency (BFE), greater than or equal to 98% Submicron Particulates Filtration Efficiency (PFE) at .1 micron, Class I flame spread

Surgical Masks

• Must be FDA approved under 21 CFR 878.4040 as Class II Medical Devices

• FDA Class II…