3031023362i.pdf

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3031023362i

Invitation for Bids

BID OPENING

DATE: May 14, 2025

TIME: 1:30 P.M. ET

TITLE: Group 30310 Vehicle and Equipment Parts and Related Product (Statewide)

INVITATION FOR BIDS NUMBER:

23362

Classification Codes: 15, 22, 23, 25, 26, 27, 46, 47

CONTRACT

PERIOD:

Five (5) years from the date of OSC approval of the first Contract, with renewal options for up to two (2) additional years.

DESIGNATED CONTACTS: In accordance with the Procurement Lobbying Law [State Finance Law § 139-j(2)(a)], the following individuals are the Designated Contacts for this Solicitation.

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

Email Address: OGS.sm.SST_auto_parts_svcs@ogs.ny.gov

Alexis Bredenko Team Leader

Melissa Carriero Contract Management

Specialist 2

Katie Jezik Contract Management

Specialist 1

Michelle St. Jock Assistant Director

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

Email 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:

OGS Use Only: # of Binders/Packages: __________ # of USB Flash Drives ______ Documented by: ______________ mailto:OGS.sm.SST_auto_parts_svcs@ogs.ny.gov

Group 30310-23362 – Vehicle and Equipment Parts and Related Product (Statewide) PAGE 2

Bidder Certification and Affirmation

Bidder certifies and affirms as follows:

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

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

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

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

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

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

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

Print Full Bidder Entity Name

By:

Signature of Person Authorized to Legally Bind the Bidder

Print Name of Signatory

Print Title of Signatory

Date

RETURN THIS PAGE AS PART OF BID

https://ogs.ny.gov/acpl

Group 30310-23362 – Vehicle and Equipment Parts and Related Product (Statewide) PAGE 3

CONTENTS

1. INTRODUCTION

1.1 Overview

1.2 Scope

1.3 Estimated Quantities

1.4 Key Events/Dates

1.5 Pre-Bid Conference

1.6 NYS Contract Reporter

1.7 Bidder Questions

1.8 NYS Comptroller Approval

1.9 Summary Of Policy and Prohibitions On Procurement Lobbying

1.10 Definitions

1.11 Appendices and Attachments

1.12 Conflict of Terms

2. BIDDER QUALIFICATIONS

2.1 Parts

2.2 Other Qualifications

3. SPECIFICATIONS

3.1 Standards, Codes, & Requirements

3.2 Instruction Manuals

4. BID SUBMISSION

4.1 Performance and Bid Bonds

4.2 NYS Vendor File Registration

4.3 Format of Bid Submission

4.4 Content

4.5 Bid Pricing Submittal

4.6 Bid Envelopes and Packages

4.7 Bid Delivery

4.8 Important Building Access Procedures

4.9 NYS Required Certifications

4.10 Product Literature to Be Furnished with Bid

4.11 Bid Deviations

4.12 Bid Opening Results

4.13 Bid Liability

4.14 Firm Offer

4.15 NYS Reserved Rights

4.16 Incorporation

5. METHOD OF AWARD

5.1 Method of Award

Group 30310-23362 – Vehicle and Equipment Parts and Related Product (Statewide) PAGE 4

5.2 Grand Total Calculation

5.3 Procurement Instructions for Authorized Users

5.4 Notification of Award

6. TERMS AND CONDITIONS

6.1 Contract Term and Extensions

6.2 Short term Extension

6.3 Price

6.4 Best Pricing Offer

6.5 Price Structure

6.6 Ordering

6.7 Minimum Order

6.8 Invoicing and Payment

6.9 Product Delivery

6.10 Product Returns and Exchanges

6.11 Unanticipated Excessive Purchase

6.12 Contract Administration

6.13 NYS Financial System (SFS)

6.14 Web-Based Ordering

6.15 Accessibility of Web-Based Information and Applications Policy

6.16 Americans with Disabilities Act (ADA)

6.17 N.Y. State Finance Law § 139-l

6.18 Insurance

6.19 Report of Contract Usage

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

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

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

6.22 Use of Recycled or Remanufactured Materials

6.23 Bulk Delivery and Alternate Packaging

6.24 Environmental Sustainability and NYS Executive Order Number 22

6.25 Consumer Products Containing Mercury

6.26 Diesel Emission Reduction Act

6.27 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment

6.28 Overlapping Contract Products

6.29 Preferred Source Products

6.30 NYS Vendor Responsibility

6.31 NYS Tax Law Section 5-a

6.32 “OGS or Less” Guidelines

6.33 Non-State Agencies Participation in Centralized Contracts

Group 30310-23362 – Vehicle and Equipment Parts and Related Product (Statewide) PAGE 5

6.34 Extension of Use

6.35 Contractor Locations

6.36 Resellers

6.37 New Accounts

6.38 Centralized Contract Modifications

6.39 Drug and Alcohol Use Prohibited

6.40 Traffic Infractions

6.41 Samples

6.42 Contract Documents; Electronic Format

6.43 Purchasing Card Orders

APPENDICES

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

ATTACHMENTS

Attachment 1 – Pricing Attachment 2 – NYS Required Certifications Attachment 3 – Encouraging Use of NYS Businesses in Contract Performance Attachment 4 – Insurance Requirements Attachment 5 – Bidder Information Questionnaire Attachment 6 – Bidder Submission Checklist Attachment 7 – Bidder Questions Form Attachment 8 – Report of Contract Usage Attachment 9 – Certification Under Executive Order No. 16 Attachment 10 – Contractor/Subcontractor Information Sheet

Group 30310-23362 – Vehicle and Equipment Parts and Related Product (Statewide) PAGE 6

1. INTRODUCTION

1.1 Overview

This Solicitation is issued by the New York State (“NYS”) Office of General Services (“OGS”), Procurement Services for Vehicle and Equipment Parts and Related Product as specified herein for all Authorized Users eligible to make purchases under the Contracts resulting from this Solicitation.

The purpose of this Solicitation and the resultant Contracts is to provide Authorized Users with a means of acquiring Commonly Stocked and Direct Order Vehicle and Equipment Parts, and Related Product. For evaluation purposes, a Bidder is required to bid on every Part in the Market Basket listed within Attachment 1 – Pricing.

Awards will be made to the three (3) responsive and responsible Bidders statewide with the lowest Grand Total, in accordance with Section 5 – Method of Award.

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

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

1.2 Scope

A. The Scope of the Solicitation, and the resultant Contracts, includes:

i. Parts for Light Duty Vehicles (Part Groups 1 – 30);

ii. Parts for Heavy Duty Vehicles (Part Group 31); and

iii. Parts for Heavy Equipment (Part Group 32).

For evaluation purposes, a Bidder shall bid only the small number of Parts in the Market Basket listed in Attachment 1 – Pricing, covering only Part Groups 1 through 31.

Once awarded a contract, the successful Bidder shall provide Parts as follows:

1. Required: A successful Bidder shall provide its entire Product Line(s) of Commonly Stocked Parts for

Part Groups 1 through 32 for multiple Light Duty Vehicle OEMs (e.g., Ford, GM, FCA), and Heavy Duty Vehicle and Heavy Equipment OEMs (e.g. Caterpillar, Case, John Deere, Mack, Navistar, Henderson, etc.).

2. Optional: A Bidder is not required to, but may also, provide Direct Order Parts for Part Groups 1 through 32 for multiple Light Duty Vehicle OEMs (e.g., Ford, GM, FCA), and Heavy Duty Vehicle and Heavy Equipment OEMs (e.g. Caterpillar, Case, John Deere, Mack, Navistar, Henderson, etc.).

Group 30310-23362 – Vehicle and Equipment Parts and Related Product (Statewide) PAGE 7

Part Groups 1 – Brake Shoes & Linings 17 – Automotive Lighting 2 – Brake Parts 18 – Electric Wiring 3 – Rotors and Drums 19 – Spark Plugs 4 – Shock Absorbers 20 – Fluids / Chemicals / Lubricants 5 – Mirrors & Lamps 21 – Repair Equipment / Tools 6 – Belts & Hoses 22 – Steering 7 – Windshield Wipers 23 – Electric Motors 8 – Fuel Pumps 24 – Batteries 9 – Exhaust Equipment 25 – Water Pumps 10 – Ignition Equipment (Electrical) 26 – Radiators 11 – Starters & Alternators 27 – A/C Compressors 12 – Seals 28 – Tire Parts / Accessories 13 – Gaskets 29 – Filters 14 – Bearings, Ball & Roller 30 – Miscellaneous Light Duty Vehicle Parts 15 – Chassis Parts 31 – Heavy Duty Vehicle Parts 16 – Universal Joints 32 – Heavy Equipment Parts

B. Related Products: The scope of the Solicitation and resulting Contracts includes Related Products as defined in Section 1.10 – Definitions. Any proposed services should be listed on Attachment 1 – Pricing under Part 3. Examples of Related Products include, but are not limited to the following:

1. Consumables and supplies that shall be used for Vehicle or Heavy Equipment maintenance or repair, but are not required for the continued operation of a Vehicle or Heavy Equipment (e.g., cleanser, polish, sponges, towels, chamois, wax, paint, enamels, and touch-up liquids);

2. Supplies, tools and equipment that shall be used in the operation of the facility where Vehicles or Heavy Equipment are repaired, or to install or service Parts, but are not required for the continued operation of a Vehicle or Heavy Equipment (e.g., tool storage containers, janitorial/cleaning supplies, power tools, battery charger, wheel balancers);

3. Acceptance of used Parts (also known as “cores”) for remanufacturing purposes;

4. Short-term rental of Parts and equipment;

5. Inventory stocking programs, including the stocking of Parts owned by the Contractor at the

Authorized User location, but not billed to the Authorized User until used;

6. Technician training for Parts installation;

7. Software directly related to Parts (e.g. inventory management);

8. Online Parts inventory and management that includes, but is not limited to, online Parts lookup, ordering, pricing verification, and the ability to track inventory; and

9. Services that are directly related to Parts.

C. Excluded Products: The following Products are excluded from the scope of the Contract:

1. Services that are not directly related to Parts;

2. Used Parts (this exclusion does not include Remanufactured Parts);

3. Tires; and

4. On-site staffing of a Parts room at the Authorized Users’ location(s).

Group 30310-23362 – Vehicle and Equipment Parts and Related Product (Statewide) PAGE 8

1.3 Estimated Quantities

A Contract resulting from this Solicitation shall be an estimated quantity Contract. No specific quantities are represented or guaranteed, and the State provides no guarantee of individual Authorized User participation. The Contractor must furnish all quantities actually ordered at or below the Contract prices. The anticipated dollar value of the award for this Solicitation, based on historical purchases under previous awards, is approximately $12,000,000 annually. The individual value of each resultant Contract is indeterminate and will depend upon the number of Contracts issued and the competitiveness of the pricing offered. Authorized Users will be encouraged to purchase from Contractors who offer the Products and pricing that best meet their needs in the most practical and economical manner. See Appendix B – Estimated/Specific Quantity Contracts and Participation in Centralized Contracts.

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

• Such Contracts may be non-exclusive Contracts.

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

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

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

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

Users than anticipated.

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

Users 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.

1.4 Key Events/Dates

Event Date Time Solicitation Release April 1, 2025 N/A

Closing Date for Round of Bidder Questions April 14, 2025 5:00 PM ET

OGS Procurement Services’ Responses to Bidder Questions April 28, 2025 N/A

Bid Opening / Due Date for Bids May 14, 2025 1:30 PM ET

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

1.5 Pre-Bid Conference

There is no pre-bid conference for this Solicitation.

Group 30310-23362 – Vehicle and Equipment Parts and Related Product (Statewide) PAGE 9

1.6 NYS Contract Reporter

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

ad. Answers to all questions of a substantive nature will be posted in the form of a question and answer document and released through the NYSCR. Any updates to Solicitation documents will also be posted and released through the NYSCR.

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

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

1.7 Bidder Questions

All questions regarding this Solicitation should be submitted using Attachment 7 – Bidder Questions Form, citing the applicable Solicitation document name and document section. The completed form must be emailed to OGS.sm.SST_auto_parts_svcs@ogs.ny.gov by the date and time indicated in Section 1.4 – Key Events/Dates.

Questions submitted after the deadline indicated may not be answered. A Bidder is strongly encouraged to submit questions as soon as possible. Answers to all questions of a substantive nature will be provided to all prospective Bidders in the form of a question and answer document which will be posted to the OGS website and will not identify the Bidder asking the question. Notification of this posting will be advertised in the NYS Contract Reporter (“NYSCR”). Your company must select the “opt-in” option within the Contract Reporter ad to receive notification updates of this Solicitation.

If Bidder intends to submit a Bid that deviates from the requirements of the Solicitation in any way, the proposed deviations should be submitted during the Questions period so that they may be given due consideration prior to the submission of Bids. See Section 4.11 – Bid Deviations for additional information.

1.8 NYS Comptroller Approval

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

1.9 Summary Of Policy and Prohibitions On Procurement Lobbying

Pursuant to State Finance Law § 139-j and § 139-k, this Solicitation includes and imposes certain restrictions on communications between OGS and a Bidder during the procurement process. A Bidder is restricted from making contacts from the earliest posting, on a governmental entity’s website, in a newspaper of general circulation, or in the procurement opportunities newsletter of intent to solicit offers/Bids through final award and approval of the Procurement Contract by OGS and, if applicable, the Office of the State Comptroller (“restricted period”) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law § 139-j(3)(a). Designated staff, as of the date hereof, are identified on the first page of this Solicitation. OGS employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Bidder pursuant to State Finance Law § 139-j and § 139-k. Certain findings of non-responsibility can result in rejection for Contract award and, in the event of two findings within a four-year period, the Bidder is debarred from obtaining governmental Procurement Contracts for mailto:OGS.sm.SST_auto_parts_svcs@ogs.ny.gov

Group 30310-23362 – Vehicle and Equipment Parts and Related Product (Statewide) PAGE 10 four years. Further information about these requirements can be found on the OGS website at:

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

1.10 Definitions

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

“Bidder/Contractor-Published Price List” shall refer to the electronic (i.e. in a web-based format, Excel, or PDF) document(s) issued by the Bidder/Contractor which lists, among other things, a Part Number, description and List Price for the Bidder’s/Contractor’s complete Product Line(s) of Commonly Stocked Parts.

“Bidder/Contractor Location” shall refer to the Bidder’s/Contractor’s, or its Subcontractor’s, place of business, including retail storefronts and warehouses.

“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.

“Commonly Stocked” shall refer to a Part that is stocked by the Bidder/Contractor in its usual course of business at its Bidder/Contractor Location(s), and is included in the Bidder/Contractor-Published Price List.

“Compatible Equivalent,” shall refer to any Product which is equal or better in performance, quality and design to, and is directly interchangeable with, the referenced Product without modification.

“Contractor Location” is the Contractor’s, or its Subcontractor’s, place of business, including retail storefronts and warehouses.

“Direct Order” shall refer to a Part that is not stocked by the Bidder/Contractor in its usual course of business at its Bidder/Contractor Location(s), and that may be acquired by the Bidder/Contractor directly from the Part OEM or its Distributor(s).

“Distributor(s)” shall refer to an intermediary entity between the OEM and another entity in the distribution channel or supply chain, such as a Reseller.

“Evaluation Price” shall refer to a dollar amount calculated in this Solicitation to evaluate cost. This number is for evaluation purposes only. It is not a guaranteed purchase amount under the resultant Contract(s).

“Evaluation Quantity” shall refer to a quantity used in this Solicitation for evaluation. This number is based on historic sales and anticipated future needs, and is for evaluation purposes only. It is not a guaranteed purchase quantity under the resultant Contract(s).

“Grand Total ” shall refer to the sum of the Evaluation Prices calculated for the Market Basket in Attachment 1 – Pricing.

“GVWR” shall refer to Gross Vehicle Weight Rating, which means the maximum total vehicle weight, measured at the tire-ground interfaces, for which the Vehicle possesses components adequately rated to safely carry.

“Heavy Duty Vehicle(s)” shall refer to a mobile machine that may be used to transport passengers and cargo, with a GVWR equal to 10,001 pounds or greater, (i.e., Class 3 through Class 8 Vehicles, as designated by the U.S. Department of Transportation). Heavy Duty Vehicles include, but are not limited to, large pickup trucks, and chassis-cab trucks with an attached body (e.g., aerial lift, ambulance, beverage, box/van, bus, concrete mixer, dump, fire apparatus, flat bed, log, pickup, recyclable/refuse, refrigerator, service/utility, stake, sweeper, tank, tow truck, trailer).

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

Group 30310-23362 – Vehicle and Equipment Parts and Related Product (Statewide) PAGE 11

“Heavy Equipment” shall refer to equipment intended for heavy work such as earthmoving, construction, lifting containers or materials, drilling holes in earth or rock, concrete or paving application or street sweeping (e.g., aerial lifts, large towable air compressors, generators and light towers, concrete saws, earth compactors and rollers, backhoes, motor graders, skid-steer loaders, bulldozers, wheel loaders, trenchers, utility tractors, excavators, forklifts, sweepers and utility vehicles), and their related attachments and equipment.

“Light Duty Vehicle(s)” shall refer to a mobile machine that is primarily used to transport passengers and cargo, with a GVWR less than or equal to 10,000 pounds, (i.e., Class 1 through Class 2 Vehicles, as designated by the U.S. Department of Transportation). Light Duty Vehicles include, but are not limited to, cars, vans, SUVs, and light duty pickup trucks.

“List Price” shall refer to the price that is reduced by the NYS Discount Percentage to create the NYS Contract Price for Contract purchases of Commonly Stocked Parts.

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

“Market Basket” shall refer to the combination of Parts selected and listed in Attachment 1- Pricing, that will be used in this Solicitation for evaluation purposes only, and are not a guaranteed purchase under the resultant Contract(s).

“NYS Contract Price(s)” shall refer to the dollar amount charged to the Authorized User for a Product provided under the Contract, and is inclusive of all Contractor costs associated with providing that Product to the Authorized User (e.g., delivery and all other incidentals normally included with providing the Product).

“NYS Cost-Plus Percentage” shall refer to the maximum percentage amount that will be added to the OEM Invoice Price for NYS Contract purchases of Direct Order Parts.

“NYS Discount Percentage” shall refer to the minimum percentage amount that the List Price will be reduced for NYS Contract purchases of Commonly Stocked Parts.

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

Juneteenth; Independence Day; Labor Day; Columbus Day; Veterans’ Day; Thanksgiving Day; and Christmas Day.

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

“N/A” shall refer to a common abbreviation for not applicable or not available, used to indicate when information in a certain field on a table is not provided, either because it does not apply to a particular case in question or because it is not available.

“OEM” shall refer to the Original Equipment Manufacturer.

“OEM Invoice” shall refer to a document from the OEM or its Distributors that includes the OEM Invoice Price for a Direct Order Part provided under the Contract.

“OEM Invoice Price” shall refer to the price that the Contractor pays for a Product at the time of purchase from the OEM or its Distributors.

“OEM Quote” shall refer to a document from the OEM or its Distributors that includes a quotation for the price identified by the Bidder as the OEM Quote Price on Attachment 1 – Pricing.

“OEM Quote Price” shall refer to the price for the Part that has been quoted by the Part OEM or its Distributors for the purposes of this Solicitation.

Group 30310-23362 – Vehicle and Equipment Parts and Related Product (Statewide) PAGE 12

“OEM Price List” shall refer to the nationally published or internal document(s) issued by the OEM or its Distributors which lists, among other things, a description and MSRP for the OEM’s Product Line.

“Part(s)” shall refer to new and Remanufactured Products that may be used to replace an existing component of either a Vehicle or Heavy Equipment, accessories that may be added to a Vehicle or Heavy Equipment to enhance its operation, and Related Product (excluding services). For the purposes of this Solicitation, and the resultant Contract, “Part(s)” shall include, but shall not be limited to, all Products that may be included in the Part Groups identified in the table included in Section 1.2 – Scope.

“Part Group(s)” shall refer to a category of Parts included in the Solicitation, and in the resultant Contract.

“Part Number(s)” shall refer to the code that uniquely identifies a Product.

“Parts Interchange Document” shall mean documentation that is sufficient to verify that a Substitute is a Compatible Equivalent to the Product with the Referenced Part Number.

“Preferred Source Products” shall refer to those Products that have been approved in accordance with New York State Finance Law § 162.

“Preferred Source Program” shall refer to the special social and economic goals set by New York State in State Finance Law § 162 that require a governmental entity purchase select Products from designated organizations when the Products meet the “form, function and utility” requirements of the governmental entity. Under State Finance Law § 163, purchases of Products from Preferred Sources are given the highest priority and are exempt from the competitive bidding requirements. The New York State Preferred Sources include: The Correctional Industries Program of the Department of Corrections and Community Supervision (“Corcraft”); New York State Preferred Source Program for People Who Are Blind (“NYSPSP”); and the New York State Industries for the Disabled (“NYSID”). These requirements apply to state agencies, political subdivisions and public benefit corporations (including most public authorities).

“Procurement Services” shall refer to a business unit of OGS, formerly known as New York State Procurement (“NYSPro”) and Procurement Services Group (“PSG”).

“Product Line” shall refer to a group of related Products manufactured by a single company or offered by a company in its usual course of business.

“Reference Part Number” shall refer to the Part Number for a Product used in this Solicitation for evaluation. A Bidder must offer either the referenced Product, or a Substitute.

“Reference Price List” shall refer to the Bidder-Published Price List which includes the List Price for either the Reference Part Number or the Substitute Product identified by the Bidder for the applicable Commonly Stocked Part.

“Related Product(s)” shall refer to Product, as defined in Appendix B, that shall be used either to install or service Parts, for maintenance or repair of Vehicles or Heavy Equipment, for the operation of the facility where Vehicles or Heavy Equipment are maintained and repaired, or that is a service directly related to Parts. See also Section 1.2 – Scope.

“Remanufactured” shall refer to the state of a Product which has been restored to original performance and regulatory standards and functions.

“Reseller” shall refer to a distribution source for an OEM, authorized and designated by said OEM, subject to approval by New York State, which may include the OEM or an alternate entity.

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

Group 30310-23362 – Vehicle and Equipment Parts and Related Product (Statewide) PAGE 13

“Subcontractor” shall refer to any individual or legal entity (including but not limited to sole proprietor, partnership, limited liability company, firm or corporation) who has entered into a contract, express or implied, for the performance of a portion of a Contract with a Contractor.

“Substitute” shall refer to a Product offered in lieu of the applicable Product identified on Attachment 1 – Pricing, that is a Compatible Equivalent to the Product with the Referenced Part Number.

“Vehicle(s)” shall refer to a mobile machine that may be used to transport passengers and cargo. Light Duty Vehicles and Heavy Duty Vehicles are collectively referred to as “Vehicle(s)” in this Solicitation. Vehicles shall not include “Heavy Equipment” as defined in this Section.

1.11 Appendices and Attachments

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

Appendix A – Standard Clauses for NYS Contracts (June 2023) Appendix B – General Specifications (April 2016) Appendix C – Federal Funding Agency Mandatory Terms and Conditions Appendix D – Contract Modification Procedure Attachment 1 – Pricing Attachment 2 – NYS Required Certifications Attachment 3 – Encouraging Use of NYS Businesses in Contract Performance Attachment 4 – Insurance Requirements Attachment 5 – Bidder Information Questionnaire Attachment 6 – Bidder Submission Checklist

Attachment 7 – Bidder Questions Form Attachment 8 – Report of Contract Usage

Attachment 9 – Certification Under Executive Order No. 16 Attachment 10 – Contractor/Subcontractor Information Sheet

1.12 Conflict of Terms

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

1. Appendix A – Standard Clauses for New York State Contracts (June 2023);

2. Appendix C – Federal Funding Agency Mandatory Terms and Conditions;

3. The Solicitation;

4. Appendix B – General Specifications (April 2016);

5. All other appendices and attachments to the Solicitation.

Group 30310-23362 – Vehicle and Equipment Parts and Related Product (Statewide) PAGE 14

2. BIDDER QUALIFICATIONS

Bidder is advised that the State’s intent in having the requirements listed below is to ensure that only qualified and reliable Contractors perform the work of the resulting Contract. Bidder shall have the burden of demonstrating to the satisfaction of Procurement Services that it can perform the work required. Procurement Services retains the right to request any additional information pertaining to the Bidder's ability, qualifications, financial capacity, financial stability, and procedures used to accomplish all work under the resulting Contract as it deems necessary to ensure safe and satisfactory work. A Bidder shall meet the following qualifications:

2.1 Parts

A Bidder shall:

a. Have the ability to offer Commonly Stocked Parts for multiple OEMs (e.g., Ford, GM, FCA) in all Parts Groups listed in Section 1.2 – Scope;

b. Have the ability to provide Commonly Stocked Parts to Authorized Users statewide in all sixty-two

(62) NYS counties, within twenty-four (24) hours of receipt of order (see Section 6.9 – Product Delivery for additional information). A Bidder may fulfill this requirement through the use of Subcontractors (e.g., a Bidder may partner with third-party independently-owned locations in order to provide statewide coverage); and

c. Have the ability to provide a dedicated NYS Contract website for Commonly Stocked Parts, in accordance with Section 6.14 – Web-Based Ordering.

2.2 Other Qualifications

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

OGS reserves the right to request any additional information regarding a Bidder’s abilities, qualifications and procedures as it deems necessary to ensure safe and satisfactory work under a Contract.

3. SPECIFICATIONS

Contractor shall provide Product as specified by the Authorized User on the Purchase Order. A Compatible Equivalent may be provided only with the prior written approval of the Authorized User. Product delivered to an Authorized User in a condition that would be considered unacceptable to a reasonable person may be rejected (see also Appendix B – Rejected Product). The following minimum specifications set forth below and in Section

3.1 – Standards, Codes, & Requirements and Section 3.2 – Instruction Manuals apply to all orders.

A. Contractor shall provide its Product Line(s) of Commonly Stocked Parts.

B. Contractor may also provide Direct Order Parts, and may acquire such Direct Order Parts on behalf of the Authorized User from any Distributor or OEM for which the Contractor is a reseller.

C. Contractors may also offer Related Products.

3.1 Standards, Codes, & Requirements

All Parts and Related Product shall comply with all applicable federal, state and local laws, regulations and requirements. Parts offered shall be manufactured in accordance with any codes, standards and engineering practices as recommended by any applicable professional organizations for the specific equipment.

3.2 Instruction Manuals

At the time of delivery, Contractor shall provide a complete instruction manual for the Product and for each component supplied, as applicable, to the Authorized User.

Group 30310-23362 – Vehicle and Equipment Parts and Related Product (Statewide) PAGE 15

4. BID SUBMISSION

4.1 Performance and Bid Bonds

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

4.2 NYS Vendor File Registration

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

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

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

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

4.3 Format of Bid Submission

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

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

2. Absent Price Pages (Attachment 1 – Pricing) are not acceptable.

3. Alterations or revisions to the Excel Attachments provided by the State are not acceptable.

B. It is recommended that the Bidder open, review and save/download all electronic files to the Bidder’s hard drive and/or to a secure back-up location. Only completed files (in the specified format) should be saved to a USB flash drive for submittal.

C. Any indicators or messages that have been built into the attachments are informational only and provided solely for the purpose of assisting Bidders in completing the attachments. The presence or absence of notes or indicators is not a determination by the State as to the sufficiency of the attachments with respect to the Solicitation requirements. Bidders remain responsible for reviewing the attachments to ensure compliance with the Solicitation requirements.

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

Group 30310-23362 – Vehicle and Equipment Parts and Related Product (Statewide) PAGE 16

D. Bidders are responsible for the accuracy of their Bids. All Bidders are directed to take extreme care in developing their Bids. Bidders are cautioned to carefully review their Bids prior to Bid submission. A Bid that fails to conform to the requirements of the Solicitation may be considered non-responsive and may be rejected.

4.4 Content

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

# Bid Document Required File

Format (Submit on

USB)

Original also

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

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

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

4 Attachment 1 – Pricing (most recent version must be included with the Bid at the Bid Opening / Due Date for Bids)

Excel

Additional Supporting Information. For each reference Part in the Market Basket, an electronic (USB) version of the documents listed below should be included. For definitions see Section 1.10 – Definitions.

• For a Commonly Stocked Part, the Bidder’s Reference Price List that includes the Part offered.

• For a Direct Order Part, the OEM Quote that includes the Part offered.

• Parts Interchange Document. If offering a Substitute Part, a Parts Interchange document for the applicable Part.

• Documentation for service: documentation that describes each service, and a Price List for the service, if applicable

Excel

6 Attachment 2 – NYS Required Certifications, with signature PDF

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

8 Proof of Compliance with Attachment 4 – Insurance Requirements PDF 9 Attachment 5 – Bidder Information Questionnaire Excel

10 Attachment 6 – Bidder Submission Checklist Not required to be submitted with the bid

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

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

13 Attachment 9 – Certification Under Executive Order 16, with signature PDF

Group 30310-23362 – Vehicle and Equipment Parts and Related Product (Statewide) PAGE 17

# Bid Document Required File

Format (Submit on

USB)

Original also

Required (Submit paper original) 14 Attachment 10 – Contractor/Subcontractor Information Sheet Excel

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

PDF

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

PDF

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

Must be submitted directly to the NYS Tax Department

B. Documents should be submitted as an electronic copy and in the format specified in the list above for each document (e.g., PDF, Excel), following the instructions provided in this section. Electronic copies of documents must be submitted on two (2) USB flash drives, with each USB flash drive containing a complete set of the submitted documents. When submitting electronic documents, include a printed copy of page 1 and 2 of the Solicitation with the Bid (see 4.6 Bid Envelopes and Packages, below).

Electronic copies of documents provided in PDF format should be saved as an Adobe Acrobat PDF, AND THEN converted to allow for Optical Character Recognition (OCR) (see https://www.adobe.com/acrobat/how-to/ocr-software-convert-pdf-to-text.html).

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

D. Documents that are not indicated as “Original Also Required” in the above table should not be submitted in paper format, and may not be reviewed by OGS if they are received. In the case of discrepancies between paper versions that are received (if applicable) and USB flash drive submissions of the documents submitted by the Bidder, the electronic USB flash drive copy shall take precedence over the paper version.

E. Bidder is responsible for retaining the original documents with original signatures that have been scanned and submitted electronically until a determination of award is made. If an award is made to Bidder, the documents with original signatures shall be retained by the Bidder for a period of six (6) years after the term of the contract has ended. Bidder shall submit such documents with original signatures to OGS upon request.

4.5 Bid Pricing Submittal

A Bidder shall submit Attachment 1 – Pricing in accordance with Section 4.4 - Content, Paragraph A # 4, Attachment 1 – Pricing. Bid Pricing submitted in a format other than Attachment 1 – Pricing shall render the Bid non-responsive and result in rejection of the Bid. For evaluation purposes, a Bidder is required to bid on every Product in the Market Basket listed within Attachment 1 – Pricing. Bidder shall not attempt to add additional columns or rows or modify formulas in Attachment 1 - Pricing. Any attempt to alter or modify Attachment 1 – Pricing beyond what is allowed may result in bid being deemed non-responsive and rejected.

https://ogs.ny.gov/mwbe/forms https://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf https://www.tax.ny.gov/pdf/current_forms/st/st220td_fill_in.pdf https://www.adobe.com/acrobat/how-to/ocr-software-convert-pdf-to-text.html

Group 30310-23362 – Vehicle and Equipment Parts and Related Product (Statewide) PAGE 18

A. Bidder shall provide a single NYS Discount Percentage for Commonly Stocked Parts, and a single NYS Cost-Plus Percentage for Direct Order Parts. Awarded percentages will be published on the OGS website as part of the Contractor’s Pricing Information page.

Bidder must complete all applicable cells highlighted in yellow on the worksheets labeled “Attach 1 Summary” and “Market Basket.” A List Price or OEM Quote Price, as applicable, must be entered for all Parts in the Market Basket. Bidder is cautioned that Cell F10 on the “Market Basket” worksheet should be populated with a dollar value, automatically calculated by the spreadsheet, in order for the Bid to be accepted. If "Bid Incomplete" appears in the Cell in Column F, Row 10, that indicates that the Bidder has failed to enter all required information on the worksheet. Failure to enter all required information on the worksheet shall render the Bid non-responsive and shall result in the rejection of the Bid.

Related Products that are Services. Bidders that intend to offer services should include them within Part 3: Enter Proposed Services and Price Information. These services will be published on the OGS website as part of the Contractor’s Pricing Information page.

B. Substitute Products. The State has indicated a Reference Part Number for each Market Basket Part in Attachment 1 – Pricing. A Substitute Product for the Reference Part Number may be Bid only if the Substitute is a Compatible Equivalent to the referenced Product. If a Substitute is bid, the Bidder must submit with its Bid a supporting Parts Interchange Document for the Substitute. Any Substitute Bid must be of greater “or equal” performance, quality and design as the Product with the Reference Part Number provided. In accordance with Appendix B, Product References, the State’s decision as to the acceptance of any Substitute as equal shall be final.

C. Additional Instructions. Additional instructions for submitting Bid Pricing are included in the “Instructions” worksheet in Attachment 1 – Pricing. Any indicators or messages that have been built into the worksheets are informational only and provided solely for the purpose of assisting Bidders in completing the worksheets. Therefore, the existence, or lack of any indicator or message, in no way guarantees the sufficiency or acceptability of the Attachment 1 – Pricing submitted by the Bidder. A Bidder is responsible for reviewing the completed Attachment 1 – Pricing prior to Bid submittal and ensuring that all necessary fields have been populated correctly.

D. Supporting Documentation. Supporting documentation for Bid pricing must be submitted in accordance with Section 4.4 – Content Paragraph A, # 5 Additional Supporting Information:

• For a Commonly Stocked Part, the Bidder’s Reference Price List that includes the Part offered.

• For a Direct Order Part, the OEM Quote that includes the Part offered.

• If offering a Substitute Part, a Parts Interchange document for the applicable Part; or

• If offering a service, OGS reserves the right to request documentation that describes each service, and a Price List for the service, if applicable.

4.6 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 (23362)

3. Bid Opening Date and Time

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

5. Two (2) USB flash drives enclosed.

Group 30310-23362 – Vehicle and Equipment Parts and Related Product (Statewide) PAGE 19

All Bids should also include a PRINTED copy of page 1 and page 2 of the Solicitation, completed with the Bidder’s information. This printed copy of page 1 and page 2 should be placed in the envelope with the two (2) USB flash drives.

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

4.7 Bid Delivery

Bids shall be delivered to the following address on or before 1:30 p.m. ET, on or before the Bid opening date as stated in Section 1.4 – Key Events/Dates:

State of New York Executive Department Office of General Services

Procurement Services Corning Tower - 38th Floor Reception Desk

Empire…