3870023313BaseContract.pdf

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

Solicitation (Revised July 17, 2023)

23313sREV1 (07/17/2023)

BID OPENING

DATE: August 16, 2023

TIME: 1:30 P.M. EST

TITLE: Group 38700 Advanced Scientific Equipment & Instruments (Statewide)

Solicitation: 23313

Classification Codes: 41 and 42

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.

Email Address: Sara.welsh@ogs.ny.gov

Sara Welsh Contract Management Specialist Telephone No. (518) 473-8102 E-mail address: Sara.welsh@ogs.ny.gov

Julie Carlson Contract Management Specialist 2 Telephone No. (518) 474-8077 E-mail address: Julie.carlson@ogs.ny.gov

For INSURANCE Questions Only New York State Office of General Services Bureau of Risk and Insurance Management Telephone No. (518) 473-0310 E-mail address: ogs.sm.insrev@ogs.ny.gov

Bidder’s Federal Tax Identification Number:

(Do Not Use Social Security Number)

NYS Vendor Identification Number:

(See New York State Vendor File Registration Clause)

Legal Business Name of Company Bidding:

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

Street

City

State

County

Zip Code

E-mail Address:

Company Web Site:

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

NYS Small Business # Employees

Service Disabled Veteran Owned Business

NYS Minority Owned Business

NYS Women Owned Business

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

WE ARE NOT BIDDING AT THIS TIME BECAUSE:

FOR PROCUREMENT SERVICES USE ONLY

LITERATURE LETTER USB FLASH DRIVE # of Binders/Packages: ___________ PURC. MEMO OTHER ________________ Documented by: ______________ mailto:ogs.sm.insrev@ogs.ny.gov

GROUP 38700 – Advanced Scientific Equipment & Instruments (Statewide) PAGE 2

Bidder Certification and Affirmation

Bidder certifies and affirms as follows

1. This Bid is an irrevocable offer for 120 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

GROUP 38700 – Advanced Scientific Equipment & Instruments (Statewide) PAGE 3

Table of Contents

1 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 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 SECTION 2 BIDDER QUALIFICATIONS AND REQUIREMENTS

2.1 Bidder Qualifications

3 SECTION 3 BID SUBMISSION

3.1 Performance and Bid Bonds

3.2 NYS Vendor File Registration

3.3 Format of Bid Submission

3.4 Content

3.5 Bid Envelopes and Packages

3.6 Bid Delivery

3.7 Important Building Access Procedures

3.8 NYS Required Certifications

3.9 Bid Deviations

3.10 Bid Opening Results

3.11 Bid Liability

3.12 Firm Offer

3.13 NYS Reserved Rights

3.14 Incorporation

4 SECTION 4 METHOD OF AWARD

4.1 Method of Award

4.2 Minor Deviations/Minor Technicality

4.3 Notification of Award

4.4 Periodic Recruitment

4.5 Procurement Instructions for Authorized Users

5 SECTION 5 TERMS AND CONDITIONS

5.1 Contract Term and Extensions

5.2 Short term Extension

GROUP 38700 – Advanced Scientific Equipment & Instruments (Statewide) PAGE 4

5.3 Price

5.4 Price Updates

5.5 Best Pricing Offer

5.6 Price Structure

5.7 Volume Discounts

5.8 Ordering

5.9 Minimum Order

5.10 Invoicing and Payment

5.11 Product Delivery

5.11.1 Shipping Charges

5.11.2 Special Handling

5.11.3 Expedited Delivery

5.11.4 Packaging

5.12 Product Returns and Exchanges

5.13 Unanticipated Excessive Purchase

5.14 Contract Administration

5.15 NYS Financial System (SFS)

5.16 Americans with Disabilities Act (ADA)

5.17 N.Y. State Finance Law § 139-l

5.18 Insurance

5.19 Report of Contract Usage

5.20 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 28

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

5.22 Use of Recycled or Remanufactured Materials

5.23 Bulk Delivery and Alternate Packaging

5.24 Surplus/Take-Back/Recycling

5.25 Environmental Sustainability and NYS Executive Order Number 22

5.26 Consumer Products Containing Mercury

5.27 Diesel Emission Reduction Act

5.28 Overlapping Contract Products

5.29 Preferred Source Products

5.30 NYS Vendor Responsibility

5.31 NYS Tax Law Section 5-a

5.32 “OGS or Less” Guidelines

5.33 Non-State Agencies Participation in Centralized Contracts

5.34 Extension of Use

5.35 Authorized Resellers

5.36 New Accounts

5.37 Centralized Contract Modifications

GROUP 38700 – Advanced Scientific Equipment & Instruments (Statewide) PAGE 5

5.38 Drug and Alcohol Use Prohibited

5.39 Traffic Infractions

5.40 Instruction Manuals

5.41 Contract Documents; Electronic Format

5.42 Purchasing Card Orders

Appendices and Attachments

APPENDICES

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

ATTACHMENTS

Attachment 1 – Pricing 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 – Certification Under Executive Order No. 16 Attachment 10 – Contact and Supplemental Information Attachment 11 – Intent to Bid Form Attachment 12 – Price List Update Template Attachment 13 – Proof of Past Sales

GROUP 38700 – Advanced Scientific Equipment & Instruments (Statewide) PAGE 6

1 SECTION 1 INTRODUCTION

1.1 Overview

This Solicitation is issued by the New York State (“NYS”) Office of General Services (“OGS”), Procurement

Services for Advanced Scientific Equipment & Instruments as specified herein for all Authorized Users eligible to purchase through this Solicitation. 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 Advanced Scientific Equipment & Instruments to responsive and responsible Bidders that are able to meet the terms and conditions of this Solicitation and the requirements detailed in Section 2 – Bidder Qualifications and Requirements, and whose product offerings meet the scope of this Solicitation, as detailed in Section 1.2 – Scope. The Contract(s) awarded as a result of this Solicitation will be for use by New York State Agencies and other Authorized Users (see Section 5.33 – Non-State Agencies Participation in Centralized Contracts) Statewide. 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.

Contract awards will be made to all responsive and responsible Bidders who meet qualifications as detailed in

Section 2 - Bidder Qualifications and Requirements and whose pricing is determined to be reasonable by OGS.

The prices proposed by Bidders in response to this Solicitation are to be based upon discounts from Manufacturer List Prices.

The Contracts resulting from the Solicitation will be multiple-award, statewide, Centralized Contracts. When making purchases from the Contracts resulting from the Solicitation, Authorized Users shall procure products and services that best meet their form, function, and utility requirements. Authorized Users are encouraged to obtain quotes from all eligible Contractors prior to making a purchase. Pursuant to State Finance Law § 163(10)(c), at the time of purchase, Authorized Users shall base their selection among multiple Contracts upon which is the most practical and economical alternative that is in the best interests of the State.

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

The State of New York seeks to establish Centralized Backdrop Contracts for the acquisition of the following specified five (5) Lots for Advanced Scientific Equipment & Instruments:

1. Lot 1 – Equipment & Instruments

2. Lot 2 – Consumables & Supplies

3. Lot 3 – Accessories & Peripherals

4. Lot 4 – Maintenance & Warranties

5. Lot 5 – Miscellaneous

Examples of products within each Lot are provided in the table below. Examples are not meant to be exhaustive.

Table #1-Lots and Descriptions

Lot 1 – Equipment & Instruments

Products which are part of laboratory equipment but are considered more sophisticated and more specialized than other equipment/instruments. See Exclusions from Scope below.

Examples include:

GROUP 38700 – Advanced Scientific Equipment & Instruments (Statewide) PAGE 7

• Automated Nucleic Acid Extraction System

• Automatic Immunoassay System

• Auto-Sampler

• DNA Sequencer (Small Genome and High Throughput)

• Gas Chromatograph

• High Throughput Analyzer

• Hybridization Equipment

• Liquid Chromatograph (HPLC, UPLC)

• Liquid Handling System

• Mass Spectrometer o Quadrupole, Sector Field, Time of Flight, Ion Trap o Organic MS (GC-MS, LC-MS, MS/MS) o Inorganic MS (ICP-MS)

• Microscope

• Multiplex Bioassay System

• Multi-Puncher

• Oscilloscope

• Plate Reader and Stacker

• Real-Time PCR Instrument

• Spectrometer o UV, VIS, Fluorescence o Radiological Instrumentation (Alpha, Beta, Gamma Spectrometers) o NMR Spectrometer

• Thermo Cycler o PCR Machine o DNA Amplifier

Lot 2 – Consumables & Supplies

Proprietary to Advanced Scientific Equipment/Instruments and may be discarded, destroyed, dissipated, wasted, or spent.

• Capillary

• Columns

• Diagnostic Test Kits

• Reagents

• Recalibration Kits

Lot 3 – Accessories & Peripherals

Any nonexpendable piece of equipment which has been fixed in place or attached to equipment & instruments, but which may be severed or removed without impairing the piece removed or affecting the basic function of the object.

• Computer

• Power Cord

• Pump

• Uninterruptable Power Supply (UPS)

• Software, Including Software Updates

NOTE: Accessories & Peripherals will be considered for award where equipment is to be interfaced with, or dedicated to, Advanced Scientific Equipment as a complete system. Bids for stand-alone Accessories & Peripherals will not be accepted.

GROUP 38700 – Advanced Scientific Equipment & Instruments (Statewide) PAGE 8

Software offered under this Contract must: (1) be in a format that does not require any conversion by the Authorized User; (2) be available as part of the Contractor’s standard commercial offerings; and (3) be directly related to operational functions of the Advanced Scientific Equipment/Instrument acquired by the Authorized User.

Further, any software currently on the NYS Information Technology Umbrella Contract – Distributor Based Contract Prohibited List, or any subsequent replacement contract, is excluded from purchase under this Contract, except when the software is pre-loaded on the Advanced Scientific Equipment/Instrument at the time of purchase; in such cases, price may not exceed the NYS Information Technology Umbrella Contract – Distributor Based price, or the price on any subsequent replacement contract. The Prohibited List may be accessed on the OGS website:

https://online.ogs.ny.gov/purchase/snt/awardnotes/7360022876Prohibited_Software.xlsx

Additionally, operating system software shall be licensed in accordance with the terms and conditions offered on the software developer’s direct NYS software Contract, if available. License and warranty terms shall be furnished to Authorized User at the time of purchase in either hard copy or electronic form. Notwithstanding the foregoing, warranty coverage for software must start coterminously with the product warranty period set forth in this Contract (see Appendix B). Any costs associated with this requirement shall be borne by the Contractor.

Lot 4 – Maintenance & Warranties

Sometimes called a Service Agreement, Service Contract, or a Maintenance Agreement, offer prolonged warranties in addition to the standard warranty.

• Extended Warranty

• Preventive Maintenance

• Service Contract, Including Regulatory and Quality Compliance

Lot 5 - Miscellaneous

• Education/Training

• Installation

• Relocation

• Repair Parts

• Service

A. Bids MUST contain products in Lot 1 – Equipment & Instruments to be considered for contract award. Bidder submissions containing products in Lots 2-5 only will not be considered for award. Additionally, Bidder must be the manufacturer of ALL products offered in Lot 1.

B. Products offered in Lots 2 – 5 will be considered for award only in conjunction with a Bid from manufacturers of products in Lot 1. Bidder need not be the manufacturer of the products offered in Lots 2-5.

Exclusions from Scope:

1. Installation requiring Public Works compliance is excluded from purchase under this Solicitation. Installation requiring Public Works compliance must be procured separately, following the Authorized User’s regular procurement procedures, and taking into account any Public Works requirements. Please see Appendix B - Prevailing Wage Rates - Public Works and Building Services Contracts for additional information.

2. Non-specialized equipment items such as refrigerators, freezers, desktop centrifuges, scales, meter sticks, chronometers, or thermometers are excluded from the Scope of this Solicitation.

NOTE: This solicitation is not intended for “Custom” products, but “Made to Order” products may be

GROUP 38700 – Advanced Scientific Equipment & Instruments (Statewide) PAGE 9 included. Both terms are defined in Section 1.10 - Definitions.

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 $20,000,000 (twenty million) 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 Date June 8, 2023 N/A

Deadline for Submission of Intent to Bid June 23, 2023 5:00 PM ET

Closing Date for Bidder Questions June 23, 2023 5:00 PM ET

OGS Procurement Services’ Responses to Bidder Questions

July 7, 2023 (Tentative)

N/A

Bid Opening / Due date for Bids August 16, 2023 1:30 PM ET

Contract Approval Date / Award Publish Date Upon OSC Approval

N/A

1.5 Intent To Bid

A Bidder is requested to indicate its intent to bid by completing Attachment 11 – Intent to Bid and sending via an e-mail titled “INTENT TO BID-[BIDDER NAME]” to Sara.welsh@ogs.ny.gov on or before the date and time indicated in the Key Events/Dates section. The intent to bid is discretionary.

1.6 NYS Contract Reporter

Bidders must register with the New York State Contract Reporter (“NYSCR”) at https://www.nyscr.ny.gov https://www.nyscr.ny.gov/

GROUP 38700 – Advanced Scientific Equipment & Instruments (Statewide) PAGE 10 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 Sara.welsh@ogs.ny.gov by the date and time indicated in the Key Events/Dates section. Questions submitted after the deadline indicated may not be answered. A Bidder is strongly encouraged to submit questions as soon as possible. Answers to all questions of a substantive nature will be provided to all prospective Bidders in the form of a question and answer document which will be posted to the OGS website and will not identify the Bidder asking the question. Notification of this posting will be advertised in the NYS Contract Reporter (“NYSCR”). Your company must select the “opt-in” option within the Contract Reporter ad to receive notification updates of this Solicitation.

If Bidder intends to submit a Bid that deviates from the requirements of the Solicitation in any way, the proposed deviations should be submitted during the Bidder Questions period so that they may be given due consideration prior to the submission of Bids. See 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 four years. Further information about these requirements can be found on the OGS website at:

https://ogs.ny.gov/acpl/ mailto:Sara.welsh@ogs.ny.gov

GROUP 38700 – Advanced Scientific Equipment & Instruments (Statewide) PAGE 11

1.10 Definitions

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

“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.

“Bundled” shall refer to products sold as part of an offering containing several products combined as one single product with a unique SKU/Part Number.

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

“Custom” shall refer to products which are developed specifically for an Authorized User to their unique specifications, are not documented on a published price list, and are one of a kind.

“Contract Price List” shall refer to a list of products approved by OGS that contains the Net Prices for Authorized Users.

“Equipment” shall refer to products that are not expendable except through depreciation or wear and tear and which, although they may be fixed or positioned in prescribed places, do not lose their identity or become integral parts of other products or installations.

“Installation” shall refer to the placement and/or assembly of product(s), after which they are ready for use.

“Made to Order” shall refer to products which have to be made or assembled upon receipt of an order, are documented on a published price list, are not developed specifically for an Authorized User, and are not one of a kind.

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

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

Women-owned Business Enterprise.

“Net Price” shall refer to the price extended to New York State after all discounts, rebates, etc. have been allowed.

All prices are FOB destination and include all customs, duties, and charges to any destination in New York State.

“NYS Holidays” refers to the legal holidays for State employees in the classified service of the executive branch, as more particularly specified on the website of the NYS Department of Civil Service. This includes the following:

New Year’s Day; 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” is 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.

“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

GROUP 38700 – Advanced Scientific Equipment & Instruments (Statewide) PAGE 12

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).

“Preventive Maintenance (PM)” shall refer to planned activities undertaken to retain equipment or instruments in a serviceable condition, including scheduled inspection, testing, servicing, and classification as to serviceability, repairs, rebuilding, and reclamation.

“Procurement Services” shall refer to a business unit of OGS responsible for establishing centralized contracts.

“Retail Price (List Price/MSRP)” shall mean the price at which a Manufacturer or distributor recommends their products be sold commercially, either nationally or regionally. This applies even if the Manufacturer or Distributor names this recommended pricing differently.

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

“Service Agreement” shall refer to a legally binding agreement between a customer and a Contractor that details the level and quality of service to be provided.

“Vendor” shall refer to any business entity who submits a response to this Solicitation, can be either before or after execution of a Contract.

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 – Contract Modification Procedure Appendix D – Federal Funding Agency Mandatory Terms and Conditions

Attachment 1 – Pricing

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 – Certification Under Executive Order No. 16 Attachment 10 – Contact and Supplemental Information Attachment 11 – Intent to Bid Form Attachment 12 – Price List Update Template Attachment 13 – Proof of Past Sales

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;

2. The Solicitation;

3. Appendix B, General Specifications;

4. All other appendices and attachments to the Solicitation;

5. The Bidders Bid.

GROUP 38700 – Advanced Scientific Equipment & Instruments (Statewide) PAGE 13

2 SECTION 2 BIDDER QUALIFICATIONS AND REQUIREMENTS

2.1 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. 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 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:

A. Bidder must submit products in Lot 1 – Equipment & Instruments to be considered for contract award.

B. Bidder submitting products in Lot 1 – Equipment & Instruments must be the manufacturer of products Bid in

Lot 1.

C. Bidder must be able to provide proof of past sales of Advanced Scientific Equipment and Instrument products included in Section 1.2 - Scope, to government or private entities, equal to $50,000 (fifty thousand dollars) or greater. Proof of past sales must be within twelve (12) months prior to the Bid opening date. Bidder shall provide proof of past sales in Excel format within Attachment 13 – Proof of Past Sales as part of its Bid submission, which shall include purchasing entity names, product item number and description, date of sale, list price, discount percentage, quantity sold, and extended net sale amount. Copies of invoices, purchase orders, vouchers, etc. will not be allowed as proof of past sales revenue. Bidder’s failure to include proof of sales as part of its Bid may result in rejection of Bid. OGS reserves the right to request additional documentation. OGS reserves the right to waive any or all of the requirements pertaining to past sales, if deemed to be in the best interest of the State.

3 SECTION 3 BID SUBMISSION

3.1 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.

3.2 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

GROUP 38700 – Advanced Scientific Equipment & Instruments (Statewide) PAGE 14 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/

3.3 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, and

2. Absent Price Pages (Attachment 1 – Pricing) 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 USB flash drives 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.

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.

3.4 Content

A complete Bid consists of submission of the following completed documents:

REQUIRED BID DOCUMENTS

REQUIRED

ELECTRONIC

FILE FORMAT

ELECTRONIC

COPY (USB)

REQUIRED

ORIGINAL

(Hard Copy with Ink Signature)

REQUIRED

Pages 1 and 2 of the Solicitation with original ink signature

PDF X X

Completed Attachment 1 – Pricing (must be submitted as an Excel file)

EXCEL X

Completed Attachment 2 – NYS Required Certifications with original ink signature, scanned to pdf

PDF X

Completed Attachment 3 – Encouraging use of NYS Businesses

PDF X

Proof of compliance with Attachment 4 – Insurance Requirements

PDF X

GROUP 38700 – Advanced Scientific Equipment & Instruments (Statewide) PAGE 15

Completed Attachment 5 – Bidder Information Questionnaire

EXCEL X

Completed Attachment 6 – Bidder Submission Checklist

EXCEL X

Completed Attachment 9 – Certification Under Executive Order No. 16 with original ink signature, scanned to pdf

PDF X

Completed Attachment 10 – Contact and Supplemental Information

EXCEL X

Appendix D – Federal Funding Agency Mandatory Terms and Conditions, with Section 10 completed

(PDF)

PDF X

Completed Attachment 13 - Proof of Past Sales (per Section 2.1.C)

EXCEL X

Proof of Reasonableness of Price (per Section 4.1 – Method of Award)

PDF X

Completed ST-220-CA Contractor Certification, notarized with original ink signature

PDF X X

Completed Form EEO100 – Equal Employment Opportunity Staffing Plan with original ink signature, scanned to pdf

PDF X

Standard Vendor Responsibility Questionnaire – (completed and scanned to PDF) or Certification that Questionnaire has been completed online

PDF X

Not required if submitted online

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.

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 pages 1 and 2 of the Solicitation with the Bid (see Section 3.5 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).

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.

In the case of discrepancies between paper copies (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 copy.

Notes to Bidder:

1. Do not include hard copies of any other Bid documents except Pages 1 and 2 of the Solicitation and the

ST-220-CA Contractor Certification.

2. Bidder should note that a completed electronic copy of Attachment 1 – Pricing in Excel format is required.

Bidders must provide a discount; full List Price will not be accepted. Failure to submit Attachment 1 - Pricing, as per the Instructions within the Pricing Excel Worksheet/Workbook and/or failure to provide Pricing in unlocked Excel Format may result in rejection of Bidders Bid in its entirety.

https://www.adobe.com/acrobat/how-to/ocr-software-convert-pdf-to-text.html https://www.adobe.com/acrobat/how-to/ocr-software-convert-pdf-to-text.html

GROUP 38700 – Advanced Scientific Equipment & Instruments (Statewide) PAGE 16

3. In the case of discrepancies between Electronically Searchable Price Lists, the Price List with the lowest price shall take precedence.

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

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

3.5 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 #23313

3. Bid Opening Date and Time (as per Section 1.4 – Key Events/Dates)

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

All Bids should also include a PRINTED copy of pages 1 and 2 of the Solicitation, completed with the Bidder’s information and signature. The printed and completed copy of pages 1 and 2 should be placed in the envelope or package with the 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.

3.6 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 State Plaza Albany, NY 12242

Attn: Bid Enclosed – Solicitation #23313

Bidder assumes all risks for timely, properly submitted deliveries. The time of Bid receipt is determined by OGS according to the timeclock at the above-noted location. A Bidder is strongly encouraged to arrange for delivery of Bids to OGS prior to the date of the Bid opening. Late Bids shall be rejected, except as provided in Appendix B, Late Bids. All Bids and accompanying documentation shall become the property of the State of New York and shall not be returned. Refer to “Important Building Access Procedures” clause.

3.7 Important Building Access Procedures

To access the Corning Tower, all visitors must check in by presenting photo identification at the Corning Tower

Information Desk. Delays may occur due to a high volume of visitors. Visitors conducting Procurement Services business are encouraged to pre-register for building access by contacting the Procurement Services Receptionist at (518) 474-6262 or Customer Services (518) 474-6717 at least 24 hours prior to the visit. If no answer, leave a detailed phone message including the following information: reason for visit and/or delivering a bid, solicitation number, date and estimated time of delivery or visit, first and last name of visitor, and visitor’s cell phone number.

Visitor may email customer.services@ogs.ny.gov providing the same information. Visitors who are not pre-registered will be directed to a designated phone at the Corning Tower Information Desk, where they are to call the Procurement Services Receptionist (518) 474-6262 or Customer Services (518) 474-6717 for access. The visitor will be registered at that time. Bids are not allowed to be left at the Corning Tower Information Desk.

Please note that delays may occur. Building access procedures may change or be modified at any time.

GROUP 38700 – Advanced Scientific Equipment & Instruments (Statewide) PAGE 17

3.8 NYS Required Certifications

A Bidder is required to submit the signed New York State Required Certifications (Attachment 2 – NYS Required

Certifications) with its Bid.

3.9 Bid Deviations

Bids must conform to the terms set forth in the Solicitation. As set forth in Attachment 7 - Bidder Questions, if

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

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

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

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

3.10 Bid Opening Results

OGS Procurement Services posts Bid information on the OGS Procurement Services website. The Bid Opening

Results webpage makes available the list of bidders that responded to the Solicitation. Such information is anticipated to be available online within two business days after the Bid opening.

The Bid Opening Results Page is available at: https://ogs.ny.gov/procurement/bid-opening-results-0.

3.11 Bid Liability

The State of New York will not be held liable for any cost incurred by the Contractor for work performed in the production of a Bid or for any work performed prior to the formal execution of a Contract.

3.12 Firm Offer

Bids must remain an effective offer, firm and irrevocable, for at least 120 calendar days from the due date, unless the time for awarding the Contract is extended by mutual consent of OGS and the Bidder. A Bid shall continue to remain an effective offer, firm and irrevocable, subsequent to such 120 calendar-day period until either tentative award of the Contract by OGS is made or withdrawal of the Bid in writing by the Bidder.

3.13 NYS Reserved Rights

New York State reserves the right, in its sole discretion, to:

A. Reject any or all Bids received in response to the Solicitation;

B. Withdraw the Solicitation at any time at the sole discretion of the State;

C. Make an award under the Solicitation in whole or in part;

D. Disqualify any Bidder whose conduct and/or Bid fails to conform to the requirements of the Solicitation;

E. Seek clarifications and revisions of the Bid;

F. Amend the Solicitation prior to the Bid opening to correct errors or oversights, or to supply additional information as it becomes available;

G. Direct Bidders, prior to the Bid opening, to submit Bid modifications addressing subsequent Solicitation amendments;

H. Change any of the schedule dates with notification through the NYS Contract Reporter;

GROUP 38700 – Advanced Scientific Equipment & Instruments (Statewide) PAGE 18

I. Eliminate any mandatory, non-material requirements that cannot be complied with by all of the prospective Bidders;

J. Waive any requirements that are not material;

K. Utilize any and all ideas submitted in the Bids received;

L. Adopt all or any part of a Bidder's Bid in selecting the optimum configuration;

M. Negotiate with a Bidder within the Solicitation requirements to serve the best interests of the State. This includes requesting clarifications of any or all Bids;

N. Require clarification at any time during the procurement process and/or require correction of arithmetic or other apparent errors for the purpose of assuring a full and complete understanding of a Bidder’s Bid and/or to determine a Bidder’s compliance with the requirements of the Solicitation;

O. Select and award the Contract to other than the selected Bidder in the event of unsuccessful negotiations or in other specified circumstances as detailed in the Solicitation;

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

Q. Use any information which OGS obtains or receives from any source and determines relevant, in OGS’s sole discretion, for the purposes of bid evaluation and Contractor selection;

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

S. Reject an obviously unbalanced Bid as determined by the State;

T. Conduct Contract negotiations with the next responsible Bidder, should the Agency be unsuccessful in negotiating with the selected Bidder;

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

V. Offer a Bidder the opportunity to provide supplemental information or clarify its Bid, including the opportunity to explain or justify the balance, realism, and/or reasonableness of its pricing; and

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

3.14 Incorporation

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

4 SECTION 4 METHOD OF AWARD

4.1 Method of Award

Awards shall be made to all responsive and responsible Bidders that are able to meet the terms and conditions of this Solicitation and the qualifications and requirements detailed in Section 2 - Bidder Qualifications and Requirements and whose product offerings meet the Scope of this Solicitation, as detailed in Section 1.2 - Scope and whose prices indicate that those products will be…