3823223173BaseContract.pdf

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

Solicitation (REVISED 8/13/19)

BIDS SHALL BE SENT TO THE ADDRESS LISTED IN SECTION 4.7 ONLY

(E-Mail or Facsimile Bid Submissions Are NOT Acceptable)

23173sREV1 8-13-19

BID OPENING

DATE: Tuesday, September 10, 2019

TIME: 11:00 A.M. EST

TITLE: Group 38232 Hazardous Incident Response Equipment (HIRE) (Statewide)

Classification Codes: 41, 42, 43, 46, 85, 92

SOLICITATION NUMBER: 23173 SPECIFICATION REFERENCE:

As Incorporated Herein and within the DHS AEL

CONTRACT PERIOD: Upon Execution of Contract for a Period of Five 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.

PRIMARY DESIGNATED CONTACTS:

Bradford Deforge Contract Management Specialist 1 Telephone No. (518) 473-3876 E-mail address: bradford.deforge@ogs.ny.gov

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

For MWBE Questions Only For SDVOB Questions Only

Email Address: MWBE@ogs.ny.gov Email Address: VeteransDevelopment@ogs.ny.gov

Lori Brodhead Phone: (518) 486-9866

Tryphina Ramsey Phone: (518) 486-9284

Anthony Tomaselli Phone No: (518) 474-2015

For INSURANCE Questions Only

Email Address: ogs.sm.insrev@ogs.ny.gov

Leighann Brown Phone No. (518) 457-6595

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: ______________

RETURN THIS PAGE AS PART OF BID

GROUP 38232 – Hazardous Incident Response Equipment (HIRE) (Statewide) PAGE 2

Bidder Certification and Affirmation

Bidder certifies and affirms as follows:

1. This Bid is an irrevocable offer for 180 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

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

GROUP 38232 – Hazardous Incident Response Equipment (HIRE) (Statewide) PAGE 3

Contents

SECTION 1 INTRODUCTION

1.1 Overview

1.2 Scope

1.3 Estimated Quantities

1.4 Key Events/Dates

1.5 Intent to Bid

1.6 NYS Contract Reporter

1.7 Bidder Questions

1.8 MWBE & SDVOB Interest in Partnering with Bidders

1.9 Summary of Policy and Prohibitions on Procurement Lobbying

1.10 Definitions

1.11 Appendix A

1.12 Appendix B

1.13 Appendix C

1.14 Attachments

1.15 Conflict of Terms

SECTION 2 BIDDER QUALIFICATIONS AND PERFORMANCE REQUIREMENTS

2.1 Qualifications

2.1.1 Bidder Qualifications

2.2 Performance Requirements

2.2.1 Delivery

2.2.2 Authorized Resellers

2.2.3 Price Lists and Catalogs

2.2.4 Discrepancies

2.2.5 Product Returns, Problem Product

2.2.6 Product Returns, Agency Error

2.2.7 Substitutions

2.2.8 Emergency Service Number and Emergency Contact Information

SECTION 3 STANDARDS AND GUIDELINES

3.1 Standards

3.1.1 Standards for Personal Protective Equipment for First Responders

3.1.2 Standards for Radiation and Nuclear Detection Equipment

SECTION 4 BID SUBMISSION

4.1 Notice to Potential Bidders

GROUP 38232 – Hazardous Incident Response Equipment (HIRE) (Statewide) PAGE 4

4.2 Performance and Bid Bonds

4.3 NYS Vendor File Registration

4.4 Format and Content of Bid Submission

4.5 Notes to Bidder

4.6 Bid Envelopes and Packages

4.7 Bid Delivery

4.8 Important Building Access Procedures

4.9 NYS Required Certifications

4.10 Manufacturer’s Certificate

4.11 Bid Deviations

4.12 Vendor Responsibility for Accuracy

4.13 Electronic Bid Opening Results

4.14 Bid Liability

4.15 Firm Offer

4.16 Responsiveness

4.17 NYS Reserved Rights

4.18 Incorporation

SECTION 5 METHOD OF AWARD

5.1 Method of Award

SECTION 6 TERMS AND CONDITIONS

Contract Term and Extensions

6.1 Contract Period

6.2 Short Term Extension

6.3 Bid Pricing Information

6.4 Price Updates

6.5 Price Increase

6.6 Best Pricing Offer

6.7 Price Structure

6.8 Volume Discounts

6.9 Ordering

6.10 Purchasing Card Orders

6.11 Minimum Order

6.12 Invoicing and Payment

6.13 Product Delivery

6.14 Product Returns and Exchanges

GROUP 38232 – Hazardous Incident Response Equipment (HIRE) (Statewide) PAGE 5

6.15 Unanticipated Excessive Purchase

6.16 Contract Administration

6.17 NYS Financial System (SFS)

6.18 Accessibility of Information Communication Technology

6.19 Americans with Disabilities Act (ADA)

6.20 N.Y. State Finance Law § 139-l

6.21 Insurance Requirements

6.22 Report of Contract Usage

6.23 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

6.24 Participation Opportunities for New York State Certified Service-Disabled Veteran Owned Businesses

6.25 Use of Recycled or Remanufactured Materials

6.26 Bulk Delivery and Alternate Packaging

6.27 Surplus/Take-Back/Recycling

6.28 Environmental Attributes and NYS Executive Order Number 4

6.29 Consumer Products Containing Mercury

6.30 Diesel Emission Reduction Act

6.31 Overlapping Contract Products

6.32 Preferred Source Products

6.33 NYS Vendor Responsibility

6.34 NYS Tax Law Section 5-a

6.35 “OGS or Less” Guidelines

6.36 Non-State Agencies Participation in Centralized Contracts

6.37 Extension of Use

6.38 New Accounts

6.39 Centralized Contract Modifications

6.40 Drug and Alcohol Use Prohibited

6.41 Traffic Infractions

6.42 Instruction Manuals

6.43 Exclusions

6.44 Company and Contact Information

6.45 Administrative Fee

6.46 Assignment of Contract

6.47 New York State Food Products

GROUP 38232 – Hazardous Incident Response Equipment (HIRE) (Statewide) PAGE 6

6.48 Minor Deviations/Minor Technicality

GROUP 38232 – Hazardous Incident Response Equipment (HIRE) (Statewide) PAGE 7

APPENDICES

Appendix A – Standard Clauses for NYS Contracts (January 2014) Appendix B – General Specifications (April 2016) Appendix C – Contract Modification Procedure

ATTACHMENTS

Attachment 1 – Pricing Attachment 1a – Pricing Summary Attachment 2 – NYS Required Certifications Attachment 3 – Encouraging Use of NYS Businesses Attachment 4 – Insurance Requirements Attachment 5 – Bidder Information Questionnaire Attachment 6 – Bidder Submission Checklist Attachment 7 – Bidder Questions Form Attachment 8 – Report of Contract Usage Attachment 9 – Intent to Bid Form Attachment 10 – Contractor Information Attachment 11 – Price List Update Template Attachment 12 – Contractor Reseller Distributor Information Sheet Attachment 13 – Department of Homeland Security Authorized Equipment List (DHS AEL) Attachment 14 – Category Matrix Attachment 15 – Manufacturer’s Certificate Attachment 16 – Proof of Past Sales

GROUP 38232 – Hazardous Incident Response Equipment (HIRE) (Statewide) PAGE 8

SECTION 1 INTRODUCTION

1.1 Overview

This Solicitation is being issued by the New York State (“NYS”) Office of General Services (“OGS”), Procurement Services for Hazardous Incident Response Equipment. 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 award multiple Contracts for Hazardous Incident Response Equipment (HIRE) as per the Department of Homeland Security Authorized Equipment List (DHS AEL) to responsive and responsible Bidders able to meet the terms and conditions of this Solicitation and the qualifications and requirements herein. The Contracts awarded as a result of this Solicitation will be for use by New York State Agencies and other Authorized Users (see Section 6.36 – Non-State Agencies Participation in Centralized Contracts). Accordingly, references to the State and its Agencies as Authorized Users under this Solicitation and the ensuing Contract(s) shall encompass all such entities within the definition of “Authorized User” set forth in Appendix B – General Specifications.

This Solicitation includes NYS Certified Minority-and Women-Owned Business (MWBE) Goals in five (5) DHS AEL Categories, and New York State Certified Service-Disabled Veteran Owned Business (SDVOB) Goals in three (3) DHS AEL Categories. See Sections 6.23 and 6.24.

This Solicitation outlines the terms and conditions and all applicable information required for submitting a Bid for the Products described herein. Bidders should pay strict attention to the Bid submission date and time, as noted in Section

1.4 – Key Events/Dates, to prevent disqualification. To ensure compliance with Bid requirements and prevent possible disqualification, Bidders should follow the format and instructions described in Section 4.4 – Format and Content of Bid Submission.

Bidders are strongly encouraged to read the language of this Solicitation thoroughly, and to precisely follow instructions included in the Solicitation and all Attachments.

1.2 Scope

It is the intent of this Solicitation and subsequent Award to provide Authorized Users with a means of acquiring various types of Hazardous Incident Response Equipment (HIRE) consistent with the Department of Homeland Security Authorized Equipment List (DHS AEL). The Authorized Equipment List (AEL) is a list of approved equipment types allowed under FEMA’s preparedness grant programs. The list consists of 21 equipment Categories, which are divided into Categories, Sub-Categories and then individual equipment items (Products). For purposes of this Solicitation, OGS has limited and/or excluded Categories, Sub-Categories and/or items within the DHS AEL. Bidders are to refer to Attachment 13 - Department of Homeland Security Authorized Equipment List (DHS AEL) for additional details regarding limitations and exclusions.

The following twenty-one (21) Categories are requested as follows:

1. Personal Protective Equipment (PPE)

2. Explosive Device Mitigation and Remediation Equipment

3. CBRNE Operational and Search and Rescue Equipment (Unmanned Aircraft/Drones Excluded)

4. Information Technology (Equipment Only (Example: Simulators such as Portable Meteorological Devices))

5. Cyber Security Enhancement Equipment (Entire Category Excluded)

6. Interoperable Communications Equipment (Limited to Satellite Phones/Communication & Accessories)

7. Detection Equipment

8. Decontamination Equipment

9. Medical Equipment (Pharmaceuticals Excluded)

10. Power Equipment

11. CBRNE Reference Materials (Databases Excluded)

12. CBRNE Incident Response Vehicles (Limited to All-Terrain Vehicles, 2-Wheeled Transports, Robot Trailers, Water Storage, Water Trailers, Foam Trailers, Storage Trailers, Pumpers & Accessories Only)

13. Terrorism Incident Prevention Equipment (Entire Category Excluded)

14. Physical Security Enhancement Equipment (Limited to Blast Resistant Receptacles/Systems, Jersey

Walls/Barriers Only)

GROUP 38232 – Hazardous Incident Response Equipment (HIRE) (Statewide) PAGE 9

15. Inspection and Screening Systems

16. Animal and Plants (Equipment Only; Pharmaceuticals Excluded)

17. CBRNE Prevention and Response Watercraft (Limited to Fiberglass and Rigid-Hulled Inflatable Boats and their

Parts and Accessories Only)

18. CBRNE Aviation Equipment (Limited to Night Vision Equipment, Forward Looking Infrared Equipment (FLIR), and Aircraft Mounted CBRNE Detection Equipment Only)

19. CBRNE Logistical Support Equipment

20. Intervention Equipment

21. Other Authorized Equipment (Maintenance, Calibration, & Training for Equipment Bid Only)

Exclusions/Limitations:

1. Category 5 and Category 13 are excluded from this Solicitation in their entirety.

2. Categories 3, 4, 5, 6, 9, 11, 12, 13, 14, 16, 17, 18 and 21 include exclusions and/or limitations.

3. Firearms; Ammunition; Unmanned Aircraft/Drones; Manned Aircraft/Helicopters and Planes; Motor Vehicles

(including, but not limited to, Armored Vehicles and Command Centers) are excluded from the scope of this Solicitation.

4. Maintenance, Calibration, and Training are limited to a Product offering only.

5. Installation services are excluded from the scope of this Solicitation. (Authorized Users may purchase Products requiring installation from any resultant Contract; however, any installation shall be procured separately following the Authorized User’s regular procurement procedures and considering any Public Works requirements. For questions about whether a proposed installation constitutes public work, Bidders should contact their local New York State Department of Labor’s Bureau of Public Work district office.)

Products submitted must be within the scope of a specific DHS AEL Category (1-21), as listed above (limitations and/or exclusions apply). Each Category contains Sub-Categories. All Categories and Sub-Categories are listed within Attachment 13 - Department of Homeland Security Authorized Equipment List (DHS AEL) along with exclusions and limitations. Bidders will select the Category(s) each Product bid corresponds to within Attachment 1 – Pricing (see Section 6.3 - Bid Pricing Information). Bidders should pay strict attention to Category, Sub-Category and/or Product limitations and/or exclusions. Products submitted that fall within an excluded Category and/or Sub-Category will not be accepted. Bidders may be required to provide additional Product information to show that a Product is within the scope of the Solicitation. OGS reserves the right to exclude and/or remove, at any time, any Products deemed to be out of scope of this Solicitation.

In addition to Products included within the DHS AEL, which are eligible for federal funding, Bidders may propose Products not meeting federal funding requirements provided such Products are within scope of the Solicitation. For Personal Protective Equipment (PPE), and Detection Equipment, Section 3 - Standards and Guidelines details strict standards for equipment purchased with Federal Homeland Security grant funds.

A Bidder shall indicate in Attachment 14 - Category Matrix the DHS AEL Category(s,) (1-21), offered within its Bid by marking an ‘X’ in each appropriate DHS AEL Category and submit the Attachment with its Bid pursuant to Section

4.4 – Format and Content of Bid Submission. Should there be a discrepancy between a Bidders Attachment 1 – Pricing and Attachment 14 – Category Matrix, Attachment 1 – Pricing will take precedence.

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 $30,000,000 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:

GROUP 38232 – Hazardous Incident Response Equipment (HIRE) (Statewide) PAGE 10

• 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 Date Wednesday, June 26, 2019 N/A

Deadline for Submission of Intent to Bid Form Tuesday, July 16, 2019 11:00 AM ET

Closing Date for Submitting Questions to OGS Tuesday, July 16, 2019 5:00 PM ET

OGS Response to Vendor Questions Tuesday, August 13, 2019 (approximate)

N/A

Bid Submission Deadline and Bid Opening Tuesday, September 10, 2019 11:00 AM ET

Anticipated Award Date Friday, May 29, 2020 N/A

1.5 Intent to Bid

Bidders are encouraged, though not required, to submit a completed Attachment 9 - Intent to Bid Form to OGS.sm.PSGHIRE_Renewals@ogs.ny.gov by the due date listed in Section 1.4 - Key Events/Dates. Submission of the form allows OGS to begin a Vendor Responsibility review in advance of receipt of Bids. It also allows OGS to gauge prospective Bidder interest in participating in this Solicitation. Submission of the Intent to Bid form is not a requirement to submit a Bid, and failure to submit an Intent to Bid Form will not result in Bidder disqualification.

Furthermore, submission of an Intent to Bid Form does not obligate the prospective Bidder to submit a Bid.

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 documents and/or information may result in a Bidder’s Bid being deemed non-responsive to the Solicitation.

1.7 Bidder Questions

All questions concerning this Solicitation must be addressed to the following Procurement Services Designated Contact(s):

GROUP 38232 – Hazardous Incident Response Equipment (HIRE) (Statewide) PAGE 11

PRIMARY CONTACT SECONDARY CONTACT

Bradford Deforge, Contract Management Specialist 1 Cheri McCullough, Contract Management Specialist 2

NYS Office of General Services NYS Office of General Services

Corning Tower – 38th Floor Corning Tower – 38th Floor

Empire State Plaza Empire State Plaza

Albany, NY 12242 Albany, NY 12242

E-mail: bradford.deforge@ogs.ny.gov E-mail: cheri.mccullough@ogs.ny.gov

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 submitted, via e-mail, to: OGS.sm.PSGHIRE_Renewals@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/Bidder must select the “opt-in” option within the Contract Reporter ad to receive notification updates of this Solicitation.

If a 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 Bidder 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.

Bidders are advised that OGS will not entertain any deviations to Appendix A. Deviations to Appendix B are strongly discouraged. OGS will also not entertain any exceptions to the Solicitation that are of a material or substantive nature.

1.8 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 23173 MWBE or SDVOB INTEREST_COMPANY NAME” to OGS.sm.PSGHIRE_Renewals@ogs.ny.gov on or before Tuesday, July 16, 2019, 11:00 AM ET. The e-mail 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 pencils”);

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

5. Include the locations in NYS where the company provides the commodities and/or services.

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.

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

GROUP 38232 – Hazardous Incident Response Equipment (HIRE) (Statewide) PAGE 12

1.10 Definitions

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

“Authorized User” shall be used as is described in Appendix B.

“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.

“CBRNE” shall refer to Chemical, Biological, Radiological, Nuclear, and Explosives.

“DHS” shall refer to the Department of Homeland Security.

“DHS AEL” shall refer to the Department of Homeland Security Authorized Equipment List.

“Manufacturer” shall refer to an organization or Business Entity that creates, makes, manipulates, produces, processes, or fabricates Equipment or something of value by changing 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.

“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; Martin Luther King Day; Washington’s Birthday (observed); Memorial Day; Independence Day;

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

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

“OGS” shall refer to the New York State Office of General Services.

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

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

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

“Manufacturer’s Price List” shall refer to the price at which a Manufacturer or Distributor recommends their Products be sold commercially, either nationally or regionally. This definition applies even if the Manufacturer or Distributor names this recommended pricing differently.

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

“State” shall have the meaning set forth in section 2(gg) of Appendix B.

GROUP 38232 – Hazardous Incident Response Equipment (HIRE) (Statewide) PAGE 13

“Volume Discount” shall refer to the discount offered for purchases of Products above quantity one, and as per the Contractor’s specified amounts in Attachment 10 – Contractor Information.

1.11 Appendix A

Appendix A, Standard Clauses For New York State Contracts, dated January 2014, attached hereto, is hereby expressly made a part of this Solicitation as if set forth at length herein. Please retain this document for future reference and do not return to OGS as part of the Bid submission.

1.12 Appendix B

Appendix B, General Specifications, dated April 2016, attached hereto, is hereby expressly made a part of this Solicitation as fully as if set forth at length herein and shall govern any situations not covered by this Bid Document or Appendix A. Please retain this document for future reference and do not return to OGS as part of the Bid submission.

1.13 Appendix C

Appendix C, Contract Modification Procedure, attached hereto, is hereby expressly made a part of this Solicitation as fully as if set forth at length herein. Please retain this document for future reference/use and do not return to OGS as part of the Bid submission.

1.14 Attachments

Attachments 1-16, listed on page 7 and attached hereto, are hereby expressly made a part of this Solicitation as fully as if set forth at length herein.

1.15 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; and

5. The Bidder’s Bid.

SECTION 2 BIDDER QUALIFICATIONS AND PERFORMANCE REQUIREMENTS

2.1 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. Any Bid not meeting these requirements may be deemed non-responsive and denied further consideration for award. Bidder shall have the burden of demonstrating to the satisfaction of Procurement Services that it can meet the performance requirements of the resulting Contract.

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:

2.1.1 Bidder Qualifications

A. A Bidder must be either:

1. An established Manufacturer of the Products bid, or

2. An established Authorized Reseller of an established Manufacturer of the Products bid.

B. Any Authorized Reseller of a Manufacturer hereby guarantees that:

1. It is an Authorized Reseller of the Manufacturer, and

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

GROUP 38232 – Hazardous Incident Response Equipment (HIRE) (Statewide) PAGE 14

3. The Authorized Reseller will provide an Attachment 15 - Manufacturer’s Certificate, acknowledging this level of support, with the Bid. If such Manufacturer’s Certificate is not submitted with the Bid, Bidder must provide upon request by OGS.

C. A Bidder must have maintained an organization capable of providing the Products described in this Solicitation, in continuous operation, for a minimum of three (3) years immediately prior to the Bid opening date in Section

1.4 - Key Events/Dates. By the Bid opening date, such organization must have adequate inventories of the Products offered and must be capable of processing and shipping large numbers of orders to various destinations Statewide and potentially Nationwide; See Section 6.37 - Extension of Use. The Commissioner may require a certificate from the Bidder showing the number of years the Bidder has been active in selling the Products offered and the size and location of the inventories regularly maintained; Bidder must provide such certificate to OGS upon request.

D. A Bidder must currently hold at least one Government Entity Contract (GSA contract, State contract, Local Governmental Entity contract, BOCES contract, Governmental Cooperative contract, etc.) for Product(s) included in Section 1.2 - Scope, at the time of the Bid opening date in Section 1.4 - Key Events/Dates.

Proof of Government Entity Contract shall be a copy of a current active contract showing contract number and description, contract term dates, copy of current contract price list and/or discount structure, contact name, telephone number and e-mail address of the contracting entities’ contract administrator. Bidder shall submit such proof of currently held Government Entity contract with the Bid. If proof is not submitted with the Bid, Bidder must provide upon request by OGS.

E. A Bidder must have past Government Entity sales revenue for Products within the scope of this Solicitation (see Section 1.2 – Scope). Past sales revenue must be in excess of $300,000.00 annually, for a minimum of three (3) consecutive years immediately prior to the Bid opening date, to one or more Government Entities (GSA, State, Local, BOCES, Governmental Cooperative, etc.) and/or those Authorized Users as defined herein who are eligible to use State contracts (Political Subdivisions, Schools, Not for Profits, etc.). Only direct sales by the Bidder, where the Bidder is/was a contract holder, or sales via use of an Authorized Reseller(s) under the contract to satisfy contract orders, where the Bidder is/was the contract holder, will be accepted.

A Bidder must submit required proof of past sales revenue in Excel format, using Attachment 16 – Proof of Past Sales. Bidder shall provide annual sales reported under a current or previous Government Entity contract(s);

(GSA contract(s), State contract, Local Governmental Entity contract(s), BOCES contract(s), Governmental Cooperative contract(s), etc.). Proof of past sales shall contain, at a minimum, the Contract Name and Number the sale(s) were made under, name of the Government Entity the Product(s) was sold to directly, or was shipped to via the use of Authorized Reseller(s) under the contract, Product identifying number(s) and description, date(s) of sale, list price(s), discount percentage(s), and net sale amount(s). Bidder shall provide additional information, as deemed necessary by OGS, upon request.

2.2 Performance Requirements

2.2.1 Delivery

A. Prices bid shall include all customs, duties, and charges and be net, F.O.B. destination any point within New York

State (statewide) as designated by the ordering agency, including dock delivery and tailgate of load, which means bringing the truck to the loading dock or loading area and bringing the load to the tailgate of the truck for agency personnel to remove the load without entering the truck.

B. Delivery shall be expressed in number of calendar days required to make delivery after receipt of a Purchase Order. Product is required as soon as possible, and guaranteed delivery may be considered in making award.

Delivery shall be made in accordance with instructions from the Authorized User included on the Purchase Order.

If there is a discrepancy between the Purchase Order and what is listed on the Contract, it is the Contractor’s obligation to seek clarification from the Authorized User and, if applicable, from OGS Procurement Services.

C. The Bidder may allow multiple delivery points within New York State, from the same Authorized User, at the Authorized User’s discretion, at the time the order is placed, and/or prior to delivery. Additional delivery fees may not be charged.

D. Upon agreement between the Authorized User and Contractor, delivery locations may be expanded per the “Extension of Use” clause (see Section 6.37). Deliveries made outside of New York State are at the discretion of the Bidder/Contractor. Additional fees for shipping may be charged for deliveries to other participating states

GROUP 38232 – Hazardous Incident Response Equipment (HIRE) (Statewide) PAGE 15 per the Extension of Use Section. Additional shipping charges will be actual shipping charges, F.O.B destination, pre-paid and added only.

2.2.2 Authorized Resellers

A. Bidders may utilize approved Authorized Resellers to participate as alternate distribution sources under the resulting contract. Authorized Resellers may be added at any time during the Contract term, or extension, provided that the Awarded Bidder complies with all of the Reseller Requirements set forth below. There are no set minimum or maximum number of Authorized Resellers who may be used; however, such participation is subject to the following conditions:

B. “Reseller” shall refer to alternate distribution sources (distributors or dealers) for a manufacturer that are authorized and designated by said manufacturer, subject to approval by New York State.

C. Designation of Authorized Reseller(s): Bidder/Contractor shall specify within Attachment 12 – Contractor Reseller

Distributor Information Sheet, whether orders must be placed directly with Bidder/Contractor or may be placed directly with Authorized Reseller(s). If Authorized Reseller(s) are designated to fulfill orders under this Contract, issue invoices, and receive payment, and do not possess a New York State Vendor ID number, the Bidder/Contractor must provide OGS, in advance, with an Office of the State Comptroller (OSC) Substitute W-9 form http://www.osc.state.ny.us/vendors/forms/ac3237s_fe.pdf which should be completed by each of the Authorized Reseller(s) and submitted to the Office of General Services. OGS will initiate the vendor registration process for all Bidders/Contractors recommended for Contract Award and their Authorized Reseller(s). Once the process is initiated, such registrants will receive an e-mail from OSC that includes the unique ten-digit vendor identification number assigned to the company and instructions on how to enroll in the online Vendor Self-Service application. All Authorized Reseller(s) must be approved in advance by OGS.

D. If the Bidder/Contractor allows Authorized Reseller(s) to participate in the Contract, requests to add or delete Authorized Reseller(s) or to modify their information, this request must be submitted to OGS by the Contractor for prior approval. Contractors must utilize Attachment 12 – Contractor Reseller Distributor Information Sheet for each submission. OGS reserves the right to give first consideration to substantially complete submissions, as well as to deny revisions to a Contractor’s Authorized Reseller List whereas the Contractor is delinquent regarding administrative requirements, including, but not limited to, the submission of Attachment 8 - Report of Contract Usage, and/or Proof of Insurance requirements.

E. Bidders should submit with their Bid a listing of Authorized Reseller(s) chosen to fulfill orders, and/or accept payments under this Solicitation and subsequent Award, using Attachment 12 – Contractor Reseller Distributor Information Sheet, and note whether the Authorized Reseller is a Minority or Women Owned Business Enterprise (MWBE), a Service-Disabled Veteran Owned Business (SDVOB), or a New York State Small Business (SB).

Should the Bidder allow the Authorized Reseller to take orders, ship direct, or accept payments, they must note such within the Attachment. All Authorized Resellers chosen to fulfill orders to include, though not limited to, issuing invoices and receiving payments, must be authorized by OGS.

F. Resellers must be approved in advance by the State as a condition of eligibility under the Contract. The State also reserves the right to rescind any such participation or request that Contractor name additional Resellers, in the best interests of the State, at the State’s sole discretion, at any time. Contractor shall have the right to qualify Resellers and their participation under this Contract by Product line, contracting program (e.g., government/educational sales), geographic region, size/sales volume, technical training or other criteria (“qualifying criteria”), provided that:

1. such qualifying criteria are uniformly applied to all potential Resellers based upon Contractor’s established, neutrally applied commercial/governmental program criteria, and not to a particular procurement;

2. all general Categories of qualifying criteria must be disclosed by the Contractor to the State, in advance, at the beginning of the Contract term;

3. those qualifying criteria met by the Reseller must be identified in Reseller designations Attachment 12 –

Contractor Reseller Distributor Information Sheet at the time that Reseller approval is requested; and,

4. immediate notice is provided to OGS in the event that a change in Reseller’s status occurs during the

Contract term.

GROUP 38232 – Hazardous Incident Response Equipment (HIRE) (Statewide) PAGE 16

All Resellers who have been approved in accordance with the foregoing paragraph shall be eligible to quote lower pricing for procurements under this Contract which meet their qualifying criteria. Contractor warrants and represents that it shall not, directly or indirectly, by agreement, communication or any other means, restrict any Reseller’s participation or ability to quote a particular order.

G. When Resellers are submitted for approval, Contractor must provide the State, in advance, with all necessary ordering information, billing addresses and Federal Identification numbers in the format requested in Attachment 12 – Contractor Reseller Distributor Information Sheet. Contractor shall also specify whether orders must be placed directly with Contractor or may be placed directly with designated Resellers.

H. Contractor shall be fully liable for a Reseller’s performance and compliance with all Contract terms and conditions.

Product purchased through a Reseller must be reported by Contractor in the required bi-annual sales reports to the State as a condition of payment. In addition to inclusion of Reseller volume in the Contractor’s sales reporting obligation to the State, at the request of an Authorized User, the Reseller shall provide the Authorized User with reports of the individual Authorized User’s Contract activity with the Reseller.

I. Product ordered directly through Resellers shall be limited to Products previously approved for inclusion under this Contract and shall be subject to all terms and conditions of this Contract as a condition of Reseller participation.

2.2.3 Price Lists and Catalogs

Contractor shall be required to furnish, without charge, to Authorized Users that request them, Catalog(s) and Price Lists identical to those accepted with their Bid, including any changes (additions, deletions, etc.) pursuant to the Contract. Catalogs and Price Lists provided must reflect all Products excluded from the resultant Contract, either through the omission of those portions or by obvious indications, within the catalogs and Price Lists. All offerings within the Catalog must match the Product Numbers, and Product Descriptions of the offerings listed within the Contract, and clearly indicate whether the pricing is List Price, or Net Contract Pricing. List Pricing or Net Contract Pricing indicated within the Catalog must match that listed under the Contract. Catalogs and Price Lists may be furnished in either hard-copy or electronic format. If available in both formats, they shall be furnished in the format preferred by the requesting Authorized User. In the case of discrepancies regarding Products and/or pricing between the Catalog or Price List furnished by the Contractor to the Authorized User, in either electronic or hard copy formats, the Products and pricing approved by OGS, in effect and posted on the OGS website, per the Contract, shall always take precedence. Upon request, the Contractor shall assist Authorized Users in the use of Catalogs and Price Lists.

2.2.4 Discrepancies

The Contractor shall resolve all order and invoice discrepancies within five (5) Business Days from notification.

2.2.5 Product Returns, Problem Product

Products returned because of quality problems, duplicated shipments, outdated Product, etc., shall be picked up by the contractor within five (5) Business Days after notification with no restocking charge and shall be replaced with specified Products or the agency shall be credited/refunded for the full purchase price. Any additional shipping charges that may apply will be paid by the Contractor.

2.2.6 Product Returns, Agency Error

Standard stock Products ordered in error by an Authorized User must be returned for credit within 15 days of receipt.

Product must be in resalable condition (original container, unused). There shall be no restocking fee if returned Product(s) are resalable.

2.2.7 Substitutions

Unauthorized substitutions are not acceptable. Substitution of one catalog Product for another catalog Product shall require the approval of the ordering Authorized User.

GROUP 38232 – Hazardous Incident Response Equipment (HIRE) (Statewide) PAGE 17

2.2.8 Emergency Service Number and Emergency Contact Information

The Contractor will provide a toll-free Product emergency service, available seven (7) days a week, twenty-four (24) hours a day. Given the nature of the Products, an emergency contact including name, office phone number, cell phone number, and email must be provided.

Failure to meet any of the above qualifications within Section 2 – Bidder Qualifications and Performance Requirements, in whole or in part, may result in a rejection of that Bidder’s Bid as non-responsive. The Commissioner reserves the right to investigate or make any inquiry into the capabilities of any Bidder to properly perform under any resultant Contract.

OGS must determine that the Bidder meets all of the above requirements in order for the Bidder to be found responsive, as that term is defined in State Finance Law §163(1)(d). OGS reserves the right to verify all information provided by Bidder.

SECTION 3 STANDARDS AND GUIDELINES

3.1 Standards

Bidders submitting Products under Categories 1 and 7, for Personal Protective Equipment (PPE) and Detection Equipment, must ensure the Products meet strict standards. The following standards adopted by the US Department of Homeland Security's Science and Technology Directorate apply to Personal Protective Equipment (PPE) and Detection Equipment. NYS Department of Homeland Security and Emergency Services (NYS DHSES) grant guidance requires that any equipment purchased with Federal Homeland Security grant funds must meet any applicable standard listed on the DHS AEL. The Authorized Equipment List (AEL) is a list of approved equipment types allowed under FEMA’s preparedness grant programs.

3.1.1 Standards for Personal Protective Equipment for First Responders The following standards adopted by the US Department of Homeland Security's Science and Technology Directorate apply to Personal Protective Equipment (PPE) and Detection Equipment. Products purchased by end users that have been represented as meeting Federal ODP guidelines for CBRNE, NFPA, NIOSH, or ANSI standards, but that do not meet those standards, may be returned at Contractor’s expense for replacement or refund. For radiation detection equipment that has been tested by the manufacturer but has not completed third party testing for ANSI N 42.33, 42.34, 42.35- Evaluation and performance of Radiation Detection Portal Monitors for Use in homeland security, and at a later date does not pass the third party tests, vendors/manufacturers must refund, retrofit or replace equipment that has failed to meet requirements of the Federal ODP standards at no additional cost to the end user.

The following are provided for Bidder’s information and use in preparing and submitting a Bid in response to this Solicitation:

A. ISEA: https://safetyequipment.org/wp-content/uploads/2016/02/FAQ-HVSA-2016June-1.pdf

ANSI/ISEA 107-2015 details the performance requirements for materials used in the construction of HVSA, specifically fluorescent background material and retroreflective or combined-performance material. The standard specifies the amount of material required for various types and classes of HVSA and test procedures for determining performance of the material. The standard also includes requirements for garment configuration and construction, labeling and use instruction, along with suggested use scenarios and examples of garment design.

B. NIOSH: Chemical, Biological, Radiological and Nuclear (CBRN) Standard for Open-Circuit Self-Contained Breathing Apparatus This standard establishes performance and design requirements to certify Self-Contained Breathing Apparatus (SCBA) for use in chemical, biological, radiological, and nuclear (CBRN) exposures for use by emergency responders.

C. NIOSH: Standard for Chemical, Biological, Radiological, and Nuclear (CBRN) Full Facepiece Air Purifying Respirator (APR) The…