3520023392_qa_2025-11-13.pdf

Group 35200 – Firearms, Ammunition, and Less-Lethal Products (Statewide) Solicitation 23392 – QUESTIONS AND ANSWERS FOR BIDDERS

November 13, 2025 Solicitation

Document Name Document Section (Number & Name) Bidder Questions OGS Answers

1 General Opening of bid A. When can we start filling out the excel documents?

B. I noticed the files were locked and protected.

A. While Revised Solicitation 23392 (Revised 11/13/2025) does not require Bidders to start filling out required documents at a specified time, Revised Solicitation 23392 (Revised 11/13/2025) Section 4.3 - Format of Bid Submission requires in part: “The complete Bid package must be received by OGS Procurement Services by the date and time of the Bid Opening.”

Please see Revised Solicitation 23392 (Revised 11/13/2025) Section 4.4 – Content for which documents need to be submitted with the Bid.

Please also see Revised Solicitation 23392 (Revised 11/13/2025) Section 6.22 – Report of Contract Usage for when Revised Solicitation 23392 (Revised 11/13/2025) Attachment 8 – Report of Contract Usage must be submitted.

Please note that according to Revised Solicitation 23392 (Revised 11/13/2025) Section 1.6 – NYS Contract Reporter, “Any updates to Solicitation documents will also be posted and released through the NYSCR” and “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.”

B. Correct. According to Revised Solicitation 23392 (Revised 11/13/2025) Section 4.3 - Format of Bid Submission, “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.”

November 13, 2025 Solicitation

Document Name

2 General I saw a recent bid…[and] I was very interested in getting started. However my concern is the best way to start, should we submit certain documents in particular.

Please see Revised Solicitation 23392 (Revised 11/13/2025) Section 4 - Bid Submission for Bid submission instructions and Revised Solicitation 23392 (Revised 11/13/2025), Attachment 6 – Bidder Submission Checklist for the list of documents required to be submitted with a Bid.

Please also see the Revised Solicitation 23392 (Revised 11/13/2025) generally for all other Bid requirements.

3 IFB Main Document

Section 1.2 A Scope In Lot 3 - Less Lethal Ammunition, A. are there a current list of acceptable less lethal ammunition brands, makes and models that are acceptable to bid? Or

B. will a bidder be able to submit a brand, make, model, and pricing with the manufcatures authorization?

There are no references to any brands on these bid documents.

A. No. Revised Solicitation 23392 (Revised 11/13/2025) does not limit the Product brands, makes, or models that Bidders may bid.

Instead, see Revised Solicitation 23392 (Revised 11/13/2025) Section 1.2 – Scope, which contains the nine (9) Lots, and a description of the scope of acceptable Products Bidders may bid, and the scope of excluded Products bidders may not bid, under each Lot.

B. Yes. According to Revised Solicitation 23392 (Revised 11/13/2025) Section 4.10 – Manufacturer’s Certificate, “Bids will be accepted only from Manufacturers or their authorized Distributors and Dealers.…Through completion and submission of the Manufacturer’s Certificate (Attachment 10 – Manufacturer’s Certificate), the Manufacturer guarantees that the Bidder is an authorized Dealer/Distributor and has agreed to supply the Bidder with all quantities of Products required by the Bidder in fulfillment of its obligations under any resultant Contract with the State.”

November 13, 2025 Solicitation

Document Name

4 IFB Main Document

Section 1.2 A Scope Can you please advise which items and brands the department is requesting?

See answer to question #3 above.

5 IFB Main Document

Section 4, 4.5 Bid pricing submittal

It is stated that for each product line offered the bidder will offer a single percentage discount greater than 0.

Will it be possible to submit an actual dollar amount discount for a particular line, when a discount format is unworkable, that may bring some items below a minimum selling price set by the mfg?

No. OGS respectfully declines this request.

According to Revised Solicitation 23392 (Revised 11/13/2025) Section 4.5 – Bid Pricing Submittal, Paragraph A., “All NYS Net Pricing shall be discounted from the Manufacturer’s Suggested Retail Price (List Price/MSRP) as listed in the current Manufacturer’s Nationally Published Price List for each Product Line offered. For each Product Line offered, the Bidder will offer a single Percentage Discount for that Product Line greater than 0% and must not propose any markup or charge over the List Price/MSRP.”

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Section 6.4 Price Updates

In regards to Pricing for the life of the contract, we were unable to find an excelation / de-exculation clause, can you confirm that the pricing submitted must be held for the life of the contract and cannot be increased?

Normally in multiple year contracts there are provisions for price increases at the anniversary of a contract if there has been any increase in pricing of production or if the PPI / CPI has increased. Can you please clarify?

Please see Revised Solicitation 23392 (Revised 11/13/2025) Section 6.4 – Price Updates, Paragraph A which provides in part: “Commencing with the first anniversary date of the Bid Opening, the Contractor may request to update the Pricelist when changes to the Manufacturer’s Nationally Published Price List are published in their normal manner.”

However, please see Revised Solicitation 23392 (Revised 11/13/2025) Section 6.4 – Price Updates, which also provides:

“C. All Percentage Discounts shall either remain firm (unchanged) or they may increase for the duration of the Contract”, and “D. The discount offered on any new Products added to pricelists shall be no lower than the minimum established Awarded Percentage Discount for the Product Line.”

November 13, 2025 Solicitation

Document Name

7 IFB Main Document

Section 6.13 Minimum Order

Our published price list contains items with required order quantities.

By submitting this price list for Lot 3 Less-Lethal Ammunition, will that be cause for disqualification?

No. According to Revised Solicitation 23392 (Revised 11/13/2025) Section 6.13 Minimum Order, “The only minimum order associated with this Contract is for Lot 2 – Live Ammunition. For Lot 2, the minimum order is one (1) full case. There is no minimum order for the other Lots.”

8 IFB Main Document

Section 6.15 Credit For Trade-In Terms

Is accepting trade-ins manadatory for the contractor?

No. Please see Revised Solicitation 23392 (Revised 11/13/2025) Section 6.10 – Trade-In Items which now provides in part as follows: “Authorized Users, as defined in Section 1.10 Definitions, qualified to purchase firearms may exchange (or trade-in) used firearms to a Contractor on this contract, if the Contractor accepts trade-ins, in exchange for credit towards a new purchase.”

9 Attach 1: Pricing;

Instructions

Section 4.5 Bid Pricing Submittal

Do we price certain models or can put a little of everything that we offer?

According to Revised Solicitation 23392 (Revised 11/13/2025) Section 4.5 – Bid Pricing Submittal, “For any Lot bid, Bidders must offer a COMPLETE Manufacturer’s Product Line with all Products that fall within scope of this Solicitation. Incomplete, partial Product Lines, or selected Products from a Product Line will not be considered (except where the excluded products do not fall within the scope of this Solicitation). Failure to offer the COMPLETE Manufacturer’s Product Line shall disqualify that that Product Line within that Lot from being considered for award; and may render the Bid non-responsive.”

10 Attach 9:

Dealer/Distributor Info

Dealer Do we have to be dealers or distibutors? We are manufacturers of the products and would like to provide straigth from our facilitiy.

Please see Revised Solicitation 23392 (Revised 11/13/2025) Section 2 – Bidder Qualifications “Bids will be accepted only from Manufacturers or their authorized Dealers or Distributors.”

November 13, 2025 Solicitation

Document Name

11 Attach 10:

Manufacturer's Certificate

Manufacturer What exact certificate are you looking for?

Please see Revised Solicitation 23392 (Revised 11/13/2025) Attachment 10 – Manufacturer’s Certificate, which instructs: “This ‘Manufacturer’s Certificate’ …is required if the Bidder is a Dealer/Distributor and not the Manufacturer.”

See also Revised Solicitation 23392 (Revised 11/13/2025) Section 4.10 – Manufacturer’s Certificate, which instructs Dealers/Distributors that wish to bid on Revised Solicitation 23392 (Revised 11/13/2025) as follows: “The Manufacturer’s Certificate is to be forwarded by the Bidder to its proposed Manufacturer for completion and returned to the Bidder for inclusion with its Bid.”

12 IFB Main

Lot Question If protective gear for Less Lethal Ammunition use is on the full catalog, will this need to be accompnaied in Lot 3 or in Lot 7? Some full catalog lines include both less lethal munitions as well as conversion kits and protective gear, so we are inquiring to see if the full catalog listing needs to be broken down to munitions and then gear and conversion kits in the training aid lot.

Neither. Please see Revised Solicitation 23392 (Revised 11/13/2025) Section 1.2 – Scope which now includes the following language: “Protective gear is excluded generally from the scope of this Solicitation”

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Bid Pricing Submittal Does a posted manufacture national price list need to be accompanied with the pricing spreadsheet with this bid as an attachment? If so, these lists will notmally include distributor pricing, this is confidential information and we are inquiring that if this additional list is needed, that costs be redacted.

Yes. According to Revised Solicitation 23392 (Revised 11/13/2025) Section 4.5 – Bid Pricing Submittal, “Bid Pricing will be collected using Attachment 1 – Pricing in accordance with the ‘Bid Pricing Instructions’ sheet… Bidder is required to include the applicable current Manufacturer’s Nationally Published Price List for each Product Line offered. All NYS Net Pricing shall be discounted from the Manufacturer’s Suggested Retail Price (List Price/MSRP) as listed in

November 13, 2025 Solicitation

Document Name the current Manufacturer’s Nationally Published Price List for each Product Line offered.”

Also, according to Revised Solicitation 23392 (Revised 11/13/2025), Appendix B General Specifications, Section 6: CONFIDENTIAL/TRADE SECRET MATERIALS, Subsection (a) BIDDER/CONTRACTOR:

Confidential, trade secret or proprietary materials as defined by the laws of the State of New York must be clearly marked and identified as such upon submission by the Bidder/Contractor. Marking the Bid as “confidential” or “proprietary” on its face or in the document header or footer shall not be considered by the Commissioner or Authorized User to be sufficient without specific justification as to why disclosure of particular information in the Bid would cause substantial injury to the competitive position of the Bidder/Contractor. Bidders/Contractors intending to seek an exemption from disclosure of these materials under the Freedom of Information Law must request the exemption in writing, setting forth the reasons for the claimed exemption. The Commissioner’s or Authorized User’s receipt/acceptance of the claimed materials does not constitute a determination on the exemption request, which determination will be made in accordance with statutory procedures. Properly identified information that has been designated confidential, trade secret, or proprietary by the Bidder/Contractor will not be disclosed except as may be required by the Freedom of Information Law or other applicable State and federal laws.

November 13, 2025 Solicitation

Document Name

14 IFB Main Document

Bid Pricing Submittal You are asking for bidders to submit copies of current contracts with gov agencies for lots being bid on. Given all of the supply chain issues, the tarrifs that have greatly affected pricing now and moving forward, providing copies of exisitng contracts that are in place do not have any bearing on what pricing will be used for this contract since the economy and market are complately different than contracts that were bid 1-2 years ago. In pre-covid times this is something that may have been more doable, however with the econmony, geopolitical factors, inflation, recent tariffs, etc it is impossible to compare older contracts that have been in place for a year, etc, to compare the pricing with what will be submitted on this BID, all things have changed in the market, and an evaluation on this is extremely unreasonable. We are asking this section be removed.

OGS respectfully declines this request.

Please note, according to Revised Solicitation 23392 (Revised 11/13/2025) Section 4.5 – Bid Pricing Submittal, “If the Bidder is unable to offer the Percentage Discount to the State that is the same or better than given to other similarly-situated governmental entities, Bidder must provide a brief explanation in Attachment 5 – Bidder Information Questionnaire, “General Questions” sheet. It is within OGS’s discretion to determine whether the Percentage Discount and explanation provided by Bidder is reasonable.”

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Section 6.7 Best Pricing Offer

This states that if a same or smaller quantity of product being sold outside of this contract to a federal, state or local gov entity. We are requesting that this only read within New York, sales to other agencies with future changing of environments, etc is impossible to predict, we are asking this be modified or removed.

OGS respectfully declines this request.

November 13, 2025 Solicitation

Document Name

16 IFB Main Document

NYS Tax Law Section

You are asking for a ST-220-CA to accompany the Bid to OGS, with an award valued at more that $100,000.

How is this determined, if quantities are not given in the bid, and if an award happens to said vendor, who determains the value? If there is no value given to the award based on unknown quantities, does the vendor still need to file the ST-220, or only upon the request of the state in the future?

Bidders are required to submit the ST-220-CA with their Bid.

See Revised Solicitation 23392 (Revised 11/13/2025) Sections 4.4 – Content and 6.31 – NYS Tax Law Section 5-a for further information.

17 Appendix B - General Specifications (April 2016)

Idemnification For the less lethal ammunition & item lots, these are products that are specifically designed to discharge at another person for purposes of the most realistic training available. So it is extremely unreasonable to try and hold the contract awardee accountable for someone who is using the product and gets hurt in the process. We are inquiring to have this updated to reference that the contractor cannot be held accountable while using the less lethal items, as these are designed to be shot at another person for training.

OGS respectfully declines this request.

November 13, 2025 Solicitation

Document Name

18 IFB Main Document

Lot Question To confirm, a bidder is able to submit multipe brands / manufcatures in a single lot?

Yes. Please see Revised Solicitation 23392 (Revised 11/13/2025) Section 4.5 – Bid Pricing Submittal which now provides in part: “For any Lot bid, a Bidder may bid one (1) or more Product Line(s) from a single Manufacturer or multiple Manufacturers.”

According to Revised Solicitation 23392 (Revised 11/13/2025) Section 1.1 – Overview, “Each Product Line within a Lot will be awarded in accordance with Solicitation Section 5 – Method of Award. For a successful Bidder who is awarded more than one Product Line, a single Contract will be issued to house all the awarded Product Lines.”

Revised Solicitation 23392 (Revised 11/13/2025) Section 1.12 – Definitions defines a Product Line as: “a group of similar or related Products manufactured by a single Manufacturer and identified by a particular name or single brand.”

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Section 4.5A & 5.1 Can discounts vary by Product line ?

Yes. Please see Revised Solicitation 23392 (Revised 11/13/2025) Section 4.5 – Bid Pricing Submittal, which now provides in part: “For each Product Line offered, the Bidder will offer a single Percentage Discount for that Product Line greater than 0% and must not propose any markup or charge over the List Price/MSRP. Bidder may offer a different Percentage Discount for each Product Line bid.”

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Section 4.1 Will OGS accept manufacturer's Certificates digitally signed or only wet ink?

No. Revised Solicitation 23392 (Revised 11/13/2025) Attachment 10 – Manufacturer’s Certificate is not designed to allow for an electronic signature.

11/13/2025) Section 4.4 – Content, Paragraph A, “All

November 13, 2025 Solicitation

Document Name 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 electronic signature that has been generated by software (e.g., DocuSign or Adobe Acrobat Sign) for documents that are not designed to allow for or require an electronic signature.”

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Section 6.4 How frequently can contractors update p[rice lists after the first 1 year period?

Please see answer to question #6 above.

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Section 4.5C (PAGE 17 ©

Is there a maximum lead-time allowed for delivery (e.g., 60 days for special-order fireartms)?

No.

11/13/2025) Appendix B – Section 31 Product Delivery, “Delivery must be made as ordered to the address specified on the Purchase Order and in accordance with the terms of the Contract. Delivery shall be made within 30 calendar days after receipt of a Purchase Order by the Contractor, unless otherwise agreed to by the Authorized User and the Contractor.”

11/13/2025) Section 4.5 - Bid Pricing Submittal, Paragraph D, “Bidder will enter into Attachment 1 – Pricing ‘Financial Offer’, the number of calendar days in which delivery is guaranteed after receipt of a Purchase Order to any Authorized User.”

November 13, 2025 Solicitation

Document Name

23 IFB Main Document

Section 4.5 A Can a contractor exclude items from a price list if a manufacturer will not allow certain items to be placed on a contract?

11/13/2025) Section 4.5 Bid Pricing Submittal, Paragraph A, “For any Lot bid, Bidders must offer a COMPLETE Manufacturer’s Product Line with all Products that fall within scope of this Solicitation.

Incomplete, partial Product Lines, or selected Products from a Product Line will not be considered (except where the excluded products do not fall within the scope of this Solicitation). Failure to offer the COMPLETE Manufacturer’s Product Line shall disqualify that Product Line within that Lot from being considered for award; and may render the Bid non-responsive.”

Just so we are on the same page- Can you please confirm all the necessary documents we need to submit

Please see answer to question #2 above.

November 13, 2025 Solicitation

Document Name

25 General General The solicitation at this time lends itself to the the state prefering that Firearm (and related) Manufacturers enter into a direct contract with the state while utilizing their existing disribution partners to supply authorized NYS Users. Is this correct?

11/13/2025) Section 2 - Bidder Qualifications:

Bids will be accepted only from Manufacturers or their authorized Dealers or Distributors as follows:

A. Lots 1 and 2 Bidders must:

1. be either a Manufacturer or authorized Distributor

(Bids will not be accepted from Dealers); and

2. be authorized to sell firearms (Lot 1)/ ammunition (Lot 2) in NYS exempt from FET/FAET, state, and local taxes.

B. Lots 3 through 9 Bidders may either be a Manufacturer or their authorized Dealer or Distributor.

Dealers or Distributors who submit Bids must demonstrate they are authorized by providing a Manufacturer’s Certificate(s) (Attachment 10 – Manufacturer’s Certificate) for the Product Line(s) offered. See Solicitation Section 4.10 - Manufacturer’s Certificate.

26 General General Certain manufacturers retain exclusive contracts for pistols only with their distributors. However, said distributors can and are authorized to sell carbines and/or other firearms (Shotguns and bolt action rifles ect).

A. Can the state seperate Lot 1 into sub categories

B. OR can the responding bidder differentiate who is authorized to sell certain products? (In the past we

A. OGS respectfully declines the request.

B. Yes. Please see Revised Solicitation 23392 (Revised 11/13/2025) Attachment 13 – Contractor/Dealer/Distributor Information; beginning on Page 2, Bidders are required to provide Dealer/Distributor Information, including, “Restrictions Applicable to this Distributor/Dealer (if any):”

November 13, 2025 Solicitation

Document Name have included an "Authorized Distribution List" which has lined out who can sell the pistol line and who can sell the entire product line.)

27 Group 35200 – Award 23392

Attachment 1 Tab 2 lists a space for three government entity entries. Is it mandatory for the distributor to have contracts with at least three government entities?

Please see Revised Solicitation 23392 (Revised 11/13/2025) Section 4.5 - Bid Pricing Submittal, Paragraph C, which states: “The Bidder must demonstrate reasonableness of price. To accompany Attachment 1 - Pricing, for each Product Line bid, Bidder shall submit a copy of a current contract with governmental entities (such as other NYS contracts, or contracts such as those with GSA, NASPO ValuePoint, Veteran’s Administration, Department of Defense or other state governments) showing that Bidder's pricing offered to the State in this Solicitation is the same or better than pricing provided by Bidder in such contract to governmental entities.”

28 Group 35200 – Award 23392

Attachment 1 All of the manufactures product lines go on Tab 2.

A. On Tab 3 (Net Pricing) are we supposed to put all of the products for all the manufacturers for this lot on this tab

B. or do you want a separate attachment and/or Tab for each different product line?

A. Yes. According to Revised Solicitation 23392 (Revised 11/13/2025) Attachment 1 – Pricing, “Bid Pricing Instructions” Sheet, “Bid Pricing will be collected using this Attachment 1 – Pricing, ‘NYS Net Pricing’ sheet.”

B. No.

29 Group 35200 – Award 23392

Attachment 1 Confirm that for each product line you want the entire catalog of available products, no matter how lengthy the list may be

Yes. See answer to question #23 above.

November 13, 2025 Solicitation

Document Name

30 Group 35200 – Award 23392

Attachment 1 If there are multiple tiers of discounts based on volume, and the spreadsheet does not allow for all of the details, how should this be handled?

According to Revised Solicitation 23392 (Revised 11/13/2025) Attachment 1 – Pricing, Bid Pricing Instructions sheet, “Financial Offer” Sheet Instructions:

“VOLUME DISCOUNTS: Bidder will enter the paramaters/terms of receiving a Volume Discount (if offered) and what that discount is.”

31 Group 35200 – Award 23392

Attachment 1 A. What constitutes acceptable proof that our pricing is as good as or better than our other government contracts?

B. Will a GSA schedule suffice?

A. According to Revised Solicitation 23392 (Revised 11/13/2025) Section 4.5 – Bid Pricing Submittal, Paragraph C, “The Bidder must demonstrate reasonableness of price. To accompany Attachment 1

- Pricing, for each Product Line bid, Bidder shall submit a copy of a current contract with governmental entities (such as other NYS contracts, or contracts such as those with GSA, NASPO ValuePoint, Veteran’s Administration, Department of Defense or other state governments) showing that Bidder's pricing offered to the State in this Solicitation is the same or better than pricing provided by Bidder in such contract to governmental entities. All Percentage Discounts and resulting NYS Net Pricing must not include the GSA Industrial Funding Fee (IFF) or other contract administration or use fees.”

B. Yes. Please see response to question # 31(A) above.

November 13, 2025 Solicitation

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32 Group 35200 – Award 23392

Section 5 Is this a multiple award contract for each Lot, or could award be exclusive per Lot or product line?

Please see Revised Solicitation 23392 (Revised 11/13/2025) Section 5.1 - Method of Award, which states: “One Contract award will be made for each Product Line within a Lot to a Responsive and Responsible Bidder, who offers the best Percentage Discount off of the current List Price/MSRP.”

33 Group 35200 – Award 23392

General What are the most common compliance pitfalls that have resulted in bid rejections or contract disputes in previous cycles?

OGS cannot provide the requested information as OGS has not compiled such information.

34 Group 35200 – Award 23392

Attachment 11 Can you explain what this is to be used for?

According to Revised Solicitation 23392 (Revised 11/13/2025) Section 3 – Specifications, Paragraph B, #1, “All Bidders must complete the “Specifications” sheet of Attachment 11 - Product Detailed Specifications listing the applicable federal standard(s) associated with the Product and a direct weblink to the standard(s). If no such standard exists for the Product, then the Bidder is required to list the Manufacturer's specifications for the Product and provide a direct website link to the Manufacturer's specifications.”