4006123361i_redlined_031225.pdf

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

Invitation for Bids (Revised 2/27/25 3/12/25)

23361i (Revised 2/27/25 3/12//25)

BID OPENING

DATE: March 19, 2025 March 26, 2025

TIME: 1:30 P.M. ET

TITLE: Group 40061 - Protective Outerwear (Firefighting, Emergency/Rescue, and Safety) (Statewide)

INVITATION FOR BIDS NUMBER: 23361

Classification Codes: 46, 53

CONTRACT PERIOD: Five (5) years with renewal options for up to three (3) additional years

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

All questions relating to this Invitation for Bids must be addressed to the Designated Contacts.

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

Mark Helling Contract Management Specialist Telephone No. (518) 473-3253 E-mail address:

OGS.sm.SSTSafetySecurity@ogs.ny.gov

Jennifer Stafford Team Leader Telephone No. (518) 473-7145 E-mail address:

OGS.sm.SSTSafetySecurity@ogs.ny.gov

Bidder’s Federal Tax Identification Number:

(Do Not Use Social Security Number)

NYS Vendor Identification Number:

(See New York State Vendor File Registration Clause)

Legal Business Name of Company Bidding:

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

Street

City

State

County

Zip Code

E-mail Address:

Company Web Site:

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

NYS Small Business # Employees

Service-Disabled Veteran Owned Business

NYS Minority Owned Business

NYS Women Owned Business

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

WE ARE NOT BIDDING AT THIS TIME BECAUSE:

FOR PROCUREMENT SERVICES USE ONLY

LITERATURE LETTER USB FLASH DRIVE # of Binders/Packages: ___________ PURC. MEMO OTHER ________________ Documented by: ______________

GROUP 40061 – Protective Outerwear (Firefighting, Emergency/Rescue, and Safety) (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 Invitation for Bids.

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

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

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

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

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

Print Full Bidder Entity Name

By:

Signature of Person Authorized to Legally Bind the Bidder

Print Name of Signatory

Print Title of Signatory

Date

RETURN THIS PAGE AS PART OF BID

GROUP 40061 – Protective Outerwear (Firefighting, Emergency/Rescue, and Safety) (Statewide) PAGE 3

Table of Contents

SECTION 1: INTRODUCTION

1.1 Overview

1.2 Scope

1.3 Estimated Quantities

1.4 Key Events/Dates

1.5 NYS Contract Reporter

1.6 Bidder Questions

1.7 NYS Comptroller Approval

1.8 MWBE & SDVOB Interest in Partnering with Bidders

1.9 Summary of Policy and Prohibitions on Procurement Lobbying

1.10 Definitions

1.11 Appendices and Attachments

1.12 Conflict of Terms

SECTION 2: BIDDER QUALIFICATIONS

SECTION 3: SPECIFICATIONS

SECTION 4: BID SUBMISSION

4.1 Performance and Bid Bonds

4.2 NYS Vendor File Registration

4.3 Format of Bid Submission

4.4 Content

4.5 Bid Envelopes and Packages

4.6 Bid Delivery

4.7 Important Building Access Procedures

4.8 NYS Required Certifications

4.9 Product Literature to Be Furnished with Bid

GROUP 40061 – Protective Outerwear (Firefighting, Emergency/Rescue, and Safety) (Statewide) PAGE 4

4.10 Manufacturer’s Certificate

4.11 Bid Deviations

4.12 Bid Opening Results

4.13 Bid Liability

4.14 Firm Offer

4.15 NYS Reserved Rights

4.16 Incorporation

4.17 Bid Pricing Instructions

SECTION 5: METHOD OF AWARD

5.1 Method of Award

5.2 Evaluation Process

5.3 Procurement Instructions for Authorized Users

5.4 Notification of Award

SECTION 6: TERMS AND CONDITIONS

6.1 Contract Term and Extensions

6.2 Short term Extension

6.3 Price

6.4 Price Updates

6.5 Pricelist Format

6.6 Contractor’s Submission of Contract Updates

6.7 Cover Letters

6.8 Best Pricing Offer

6.9 Price Structure

6.10 Volume Discounts

6.11 Ordering

6.12 Minimum Order

6.13 Invoicing and Payment

GROUP 40061 – Protective Outerwear (Firefighting, Emergency/Rescue, and Safety) (Statewide) PAGE 5

6.14 Product Delivery

6.15 Product Returns and Exchanges

6.16 Unanticipated Excessive Purchase

6.17 Contract Administration

6.18 NYS Financial System (SFS)

6.19 N.Y. State Finance Law § 139-l

6.20 Insurance

6.21 Report of Contract Usage

6.22 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

6.22.1 New York State Law

6.22.2 General Provisions

6.22.3 Equal Employment Opportunity (EEO)

6.22.4 Contract Goals

6.22.5 MWBE Utilization Plan

6.22.6 Request for Waiver

6.22.7 Required Good Faith Efforts

6.22.8 Monthly MWBE Contractor Compliance Report

6.22.9 Breach of Contract and Liquidated Damages

6.22.10 Fraud

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

6.24 Bulk Delivery and Alternate Packaging

6.25 Diesel Emission Reduction Act

6.26 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

6.27 Overlapping Contract Products

6.28 Preferred Source Products

6.29 NYS Vendor Responsibility

6.30 NYS Tax Law Section 5-a

6.31 “OGS or Less” Guidelines

6.32 Non-State Agencies Participation in Centralized Contracts

6.33 Extension of Use

6.34 Resellers

GROUP 40061 – Protective Outerwear (Firefighting, Emergency/Rescue, and Safety) (Statewide) PAGE 6

6.35 New Accounts

6.36 Centralized Contract Modifications

6.37 Traffic Infractions

6.38 Contract Documents; Electronic Format

6.39 Purchasing Card Orders

6.40 Environmental Sustainability and NYS Executive Order Number 22

APPENDICES

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

ATTACHMENTS

Attachment 1 – Pricing (Revised 3/12/25) 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 (Revised 2/27/25 3/12/25) Attachment 7 – Bidder Questions Form Attachment 8 – Report of Contract Usage Attachment 9 – Certification Under Executive Order No. 16 Attachment 10 – Manufacturer’s Certificate Attachment 11 – Required Proof of Sales Summary (Revised 2/27/25) Attachment 12 – Required Product Detailed Specifications Attachment 13 – Contractor/Reseller Information

GROUP 40061 – Protective Outerwear (Firefighting, Emergency/Rescue, and Safety) (Statewide) PAGE 7

SECTION 1: INTRODUCTION

1.1 Overview

This Invitation for Bids is issued by the New York State (“NYS”) Office of General Services (“OGS”), Procurement Services for Protective Outerwear for firefighting, emergency/rescue, and safety in hazardous work environments as specified herein for all Authorized Users eligible to make purchases under the Contracts resulting from this Invitation for Bids. Bids shall be accepted only from Manufacturers or their Resellers. See Section 2 Bidder Qualifications for requirements to bid.

This Invitation for Bids consists of nine (9) Lots of Protective Outerwear. A Bidder may bid on one or more Lots and may bid on multiple Product Lines within each Lot. For each Product Line bid, a Bidder shall provide the complete subset of the Product Line(s) including all products that fit within the scope of that Lot. Each Product Line bid may contain any number of Products or customizable models which shall be made up of multiple Products included in the Product Line. Failure to bid the complete subset of the Product Line(s) including all products that fit within the scope of that Lot will result in a Bidder’s Bid being considered non-responsive and will not be considered for an award of the Product Line within that Lot.

A Bidder shall bid a single Percentage Discount per Product Line per Lot bid (must be greater than 0%). Pricing will be collected using Attachment 1 – Pricing (Revised 3/12/25) in accordance with the instructions tab listed within Attachment 1 – Pricing (Revised 3/12/25). Where a Bidder offers several Product Lines within a Lot, Bidder may offer a different Percentage Discount for each Product Line bid. At Bid Opening, for the purpose of ranking and evaluation, OGS will utilize Percentage Discounts bid to establish Net Prices for the Products within the Product Lines Bid.

The resultant Contracts will be issued under a multiple award structure. Within each Lot, a contract award shall be made per Product Line to the Responsive and Responsible Bidder with the lowest Net Prices bid. For a Bidder who is awarded more than one Product Line, a single contract will be issued. See Section 5 – Method of Award for additional information. However, Contracts will be established with the Percentage Discounts offered by Bidders in their Bids, which Percentage Discounts shall remain firm (unchanged) throughout the life of the Contracts, including contract extensions.

There will be no opportunity to renegotiate a Percentage Discount during the life of a Contract. However, the Percentage Discount offered to Authorized Users of the Contracts resulting from this Invitation for Bids may, at the Contractor's option, be increased based on individual orders. Percentage Discounts may be greater, but in no instance may they be lower, than the awarded Percentage Discount on the Contract. See Section 6.3 - Price for additional information.

This Invitation for Bids 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 Invitation for Bids thoroughly and to precisely follow the instructions included in the Invitation for Bids and all Attachments.

1.2 Scope

The purpose of this Invitation for Bids and resultant contracts is to provide all Authorized Users eligible to purchase through the resulting contracts with a means of acquiring outerwear Products of demonstrated protective value for use in firefighting, emergency/rescue, and safety in hazardous work environments (“Protective Outerwear”). Products bid shall be capable of withstanding such hazardous work environments and meet all necessary Federal standards applicable to the Products' intended usage.

GROUP 40061 – Protective Outerwear (Firefighting, Emergency/Rescue, and Safety) (Statewide) PAGE 8

A. Consideration will only be given to those Protective Outerwear Products with demonstrated protective value that fall within any of the following nine (9) Product categories (“Lots”):

LOTS DESCRIPTION

Lot 1 EMS/Search & Rescue Clothing Lot 2 Firefighting Boots Lot 3 Firefighting Proximity Clothing Lot 4 Firefighting Turnout Gear Lot 5 Gloves (Firefighting/Rescue) Lot 6 Helmets (Firefighting/Rescue) Lot 7 Safety Shoes (various) Lot 8 Specialty Boots (EMS/Rescue) Lot 9 Wildland Clothing

Products bid shall be Protective Outerwear that would be used for official work duties by Authorized Users.

ALL Products bid are to be new and not remanufactured, seconds, or surplus.

B. The following Products are EXCLUDED from the scope of this Invitation for Bids, and will not be considered for award:

1. EMS/Rescue/Fire station uniforms;

2. Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) Protective Products;

3. Assault Clothing;

4. Law Enforcement Protective Clothing/Products;

5. General use items such as standard work gloves, hard hats, protective glasses/goggles, and reflective vests; and

6. Outerwear predominantly used for leisure, recreation, or sports.

See Section 1.10 Definitions for additional information on the above.

C. Bids shall be accepted only from established Manufacturers or their Resellers. For each Product Line bid, a

Bidder Shall provide the complete subset of the Product Line(s) including all Products that fit within the scope of that Lot. Each Product Line bid may contain any number of Products or customizable models which shall be made up of multiple Products included in the Product Line. Failure to bid the complete subset of the Product Line(s) including only the Products that fit within the scope of that Lot for any Lot bid will result in a Bidder’s Bid being considered non-responsive and will not be considered for an award of the Product Line within that Lot.

NYS’s determination of acceptable Product Lines shall be final. NYS reserves the right to eliminate Products in a price list bid that (1) are not considered within the scope of this award, or (2) are available from Preferred Sources (See Section 6.28 Preferred Source Products).

Contract awards shall be made by Product Line within each Lot to the Responsive and Responsible Bidders with the lowest Net Prices.

1.3 Estimated Quantities

A Contract resulting from this Invitation for Bids 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 Invitation for Bids, based on historical purchases under previous awards, is approximately $22,340,000.00 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

GROUP 40061 – Protective Outerwear (Firefighting, Emergency/Rescue, and Safety) (Statewide) PAGE 9 needs in the most practical and economical manner. See Appendix B, Section 28 - Estimated/Specific Quantity Contracts and Section 25 - Participation in Centralized Contracts.

Numerous factors could cause the actual quantities of Products purchased under a Contract resulting from this

Invitation for Bids to vary substantially from the estimates in the Invitation for Bids. 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 Invitation for Bids.

1.4 Key Events/Dates

EVENT DATE TIME

Invitation for Bids Release 1/28/25 N/A

Closing Date for Bidder Questions 2/6/25 5:00 PM ET

OGS Procurement Services’ Responses to Bidder Questions 2/27/25 (tentative) N/A

Bid Opening / Due date for Bids 3/19/25 3/26/25 1:30 PM ET

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

1.5 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 Invitation for Bids. 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 Invitation for Bids 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 Invitation for Bids documents.

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

1.6 Bidder Questions

GROUP 40061 – Protective Outerwear (Firefighting, Emergency/Rescue, and Safety) (Statewide) PAGE 10

All questions regarding this Invitation for Bids should be submitted using Attachment 7 – Bidder Questions Form, citing the applicable Invitation for Bids document name and document section. The completed form must be emailed to OGS.sm.SSTSafetySecurity@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 Invitation for Bids.

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

1.7 NYS Comptroller Approval

In accordance with Section 112 of the State Finance Law, a Contract resulting from this Invitation for Bids 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.

1.8 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 “INVITATION FOR BIDS 23361 MWBE or SDVOB INTEREST_COMPANY NAME” to OGS.sm.SSTSafetySecurity@ogs.ny.gov on or before February 27, 2025, at 1:30pm. The e-mail content should include:

1. Company Name

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

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

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

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

A list of the NYS certified MWBE and SDVOB vendors who have expressed interest in this Invitation for Bids 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 Invitation for Bids 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 Invitation for Bids. 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/.

GROUP 40061 – Protective Outerwear (Firefighting, Emergency/Rescue, and Safety) (Statewide) PAGE 11

1.10 Definitions

Capitalized terms used in this Invitation for Bids 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 Invitation for Bids.

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

“Chemical, Biological, Radiological, Nuclear and Explosive (CBRNE) Protective Products” shall refer to Protective Outerwear which protects the attired from exposure to Chemical, Biological, Radiological, Nuclear hazards and Explosives. This type of Protective Outerwear is excluded from the scope of this Invitation for Bids.

“EMS/Rescue/Fire Station Uniforms” shall refer to uniforms worn while on duty but have no demonstrated protective value for use in firefighting, emergency/rescue, and safety in hazardous work environments. This type of clothing is excluded from the scope of this Invitation for Bids.

“F.O.B” shall refer to an acronym for freight on board.

“Hard Hats and Reflective Vests” shall refer to Protective Outerwear worn for construction, road repair, and other similar activities. This type of Protective Outerwear is excluded from the scope of this Invitation for Bids.

“Law Enforcement Protective Clothing/Products” shall refer to soft/hard body armor, stab-resistant, riot, bomb and ballistic-resistant clothing, shields, helmets, vests, plates, gloves, etc., and other related equipment.

These Protective Outerwear Products are excluded from the scope for this Invitation for Bids.

“List Price” shall refer to a manufacturer’s price published in the current copy of its nationally published commercial catalog/pricelist for the Product being offered in a Bid.

“Lot” shall refer to the designation of the nine (9) categories of Products within scope of this Invitation for Bids.

“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.

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

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

“NYS Net Price” shall refer to the price derived by applying the Bidder’s Percentage Discount bid to the List

Prices for the individual Products within a Product Line bid.

“NYS Vendor ID” shall refer to a unique ten-character identifier issued by the NYS Office of the State

Comptroller (OSC) when the vendor is registered on the Vendor File System.

“OGS” shall refer to an acronym for New York State Office of General Services.

“Percentage Discount” shall refer to the percentage discount offered by a Bidder for a Product Line within a Lot in this Invitation for Bids, which will become the percentage discount Bidder will offer to Authorized Users

GROUP 40061 – Protective Outerwear (Firefighting, Emergency/Rescue, and Safety) (Statewide) PAGE 12 should Bidder receive a contract award. Percentage Discount bid shall remain firm (unchanged) throughout the life of the resulting Contract, including contract extension(s).

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

“Preferred Source Program” shall refer to the special social and economic goals set by New York State in

State Finance Law § 162 that require a governmental entity purchase select Products from designated organizations when the Products meet the “form, function and utility” requirements of the governmental entity.

Under State Finance Law § 163, purchases of Products from Preferred Sources are given the highest priority and are exempt from the competitive bidding requirements. The New York State Preferred Sources include:

The Correctional Industries Program of the Department of Corrections and Community Supervision (“Corcraft”);

New York State Preferred Source Program for People Who Are Blind (“NYSPSP”); and the New York State Industries for the Disabled (“NYSID”). These requirements apply to State Agencies, political subdivisions, and public benefit corporations (including most public authorities).

“Procurement Services” shall refer to a business unit of OGS, formerly known as New York State

Procurement (“NYSPro”) and Procurement Services Group (“PSG”).

“Product Line” shall refer to the complete subset of a Manufacturer’s Product Line including all products that fit within the scope of the Lot bid under this Invitation for Bids.

“Protective Outerwear” shall refer to Products of demonstrated protective value for use in firefighting, emergency/rescue, and safety in hazardous work environments.

“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.

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

“Standard Work Gloves” shall refer to work gloves designed to be worn for reasons other than firefighting.

This type of Protective Outerwear is excluded from the scope for this Invitation for Bids.

“Unit” shall refer to a Product which can be used by itself (i.e., pair of shoes, pair of gloves, helmet, etc.).

“Wildland Clothing” shall refer to Protective Outerwear that mitigate the risk of injury while fighting wildfires.

1.11 Appendices and Attachments

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

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

Attachment 1 – Pricing (Revised 3/12/25) 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 (Revised 2/27/25 3/12/25) Attachment 7 – Bidder Questions Form Attachment 8 – Report of Contract Usage Attachment 9 – Certification Under Executive Order No. 16

Attachment 10 – Manufacturer’s Certificate Attachment 11 – Required Proof of Sales Summary (Revised 2/27/25)

GROUP 40061 – Protective Outerwear (Firefighting, Emergency/Rescue, and Safety) (Statewide) PAGE 13

Attachment 12 – Required Product Detailed Specifications Attachment 13 – Contractor/Reseller Information

1.12 Conflict of Terms

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

1. Appendix A, Standard Clauses for NYS Contracts (June 2023);

2. Appendix C, Federal Funding Agency Mandatory Terms and Conditions (October 2023);

3. This Invitation for Bids;

4. Appendix B, General Specifications (April 2016); and

5. All other appendices and attachments to the Invitation for Bids.

SECTION 2: BIDDER QUALIFICATIONS

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

1. A Bidder shall be either:

a. An established Manufacturer, or

b. A Reseller of an established Manufacturer(s). Any Reseller submitting a Bid must guarantee that it is a Reseller of the Manufacturer(s), that the Manufacturer(s) agree to supply the Reseller with all quantities of Products required by the Reseller in fulfillment of its obligations under any resultant Contract with the State, and that it will provide an Attachment 10 – Manufacturer’s Certificate completed by the Manufacturer(s) acknowledging this level of support.

A Manufacturer submitting a Bid that includes ONLY their own Product Line(s) will not be required to submit an Attachment 10 – Manufacturer’s Certificate.

2. Bidder must have had a sales volume of at least $150,000 for the most recent calendar year (January 1, 2024 – December 31, 2024) for the offered Product Line to any governmental entity (e.g., via a GSA Schedule, NYS Contract, another state contract, sales to a county, city, town, or village).

Bidder shall utilize Attachment 11 – Required Proof of Sales Summary (Revised 2/27/25) to provide proof of the required sales. Bidder shall provide a summary of the total sales, including the purchasing entity’s name, amount of sales to the purchasing entity, date of the purchase and the Lot under which the products sold would fall (Please see Attachment 11 - Required Proof of Sales Summary (Revised 2/27/25) for additional information). If Bidder is the Manufacturer, sales made directly by the Manufacturer, Resellers, or a combination of both can be utilized to demonstrate compliance with this provision. A completed Attachment 11 - Required Proof of Sales Summary (Revised 2/27/25) shall be submitted at the time of Bid submission. Failure to submit a completed Attachment 11 - Required Proof of Sales Summary (Revised 2/27/25) at the time of Bid submission may result in rejection of the Bid. OGS reserves the right to request additional documentation including copies of invoices, Purchase Orders, contracts, etc.

3. Bidder must maintain a business establishment capable of processing and shipping large numbers of orders (e.g., orders for over 100 Units) to any ordering entity pursuant to requirements under Appendix B, Section 31 - Product Delivery. Bidder must attest to maintaining a business capable of processing and shipping large numbers of orders in Attachment 5 – Bidder Information Questionnaire.

SECTION 3: SPECIFICATIONS

Products Bid shall:

GROUP 40061 – Protective Outerwear (Firefighting, Emergency/Rescue, and Safety) (Statewide) PAGE 14

1. be of demonstrated protective value, as determined by OGS, for use in firefighting, emergency/rescue, or safety in hazardous work environments; and

2. meet all Federal standards applicable to the Products' intended use in firefighting, emergency/rescue, or for safety in hazardous work environments.

Bidder shall specify the Federal standards applicable to the Products bid in Attachment 12 – Required Product Detailed Specifications.

The Bidder shall submit with its Bid, Product literature showing detailed specifications and all necessary data on the Product(s) to be furnished – see Section 4.9 Product Literature to Be Furnished with Bid. Information provided must demonstrate that normal functionality of Products bid fits the scope of this Invitation for Bids.

Bidder shall also provide a link to a website where such detailed specifications can be found via Attachment 12

– Required Product Detailed Specifications. Failure to submit any of the required information in Attachment 12

– Required Product Detailed Specifications or Product literature may result in rejection of the Bid.

The State reserves the right to request any additional information deemed necessary for the proper evaluation of Bids. If such right is invoked, a Bidder will be given a date by which the requested information must be provided. If the Bidder fails to submit the requested information, their Bid may be considered non-responsive. If Bidder is unable to meet the deadline set forth, the Bidder must request an extension in writing prior to the given deadline in order for the State to consider extending the initial date given. Upon review of Bidder’s request for an extension, OGS will either (1) provide a new deadline (an extension beyond the initial given date) for Bidder to provide the requested information or (2) consider Bidder non-responsive and Bidder’s offer will no longer be considered for an award.

SECTION 4: BID SUBMISSION

4.1 Performance and Bid Bonds

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

4.2 NYS Vendor File Registration

Prior to being awarded a Contract pursuant to this Invitation for Bids, the Bidder and any 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 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 Invitation for Bids. Resellers already registered should list the Vendor ID number along with the 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 Invitation for Bids. In addition, if a Reseller is to be used that does not have a Vendor ID, an OSC Substitute W-9 form should be completed by each Reseller and submitted to OGS. OGS will initiate the vendor registration process for all

GROUP 40061 – Protective Outerwear (Firefighting, Emergency/Rescue, and Safety) (Statewide) PAGE 15

Bidders and Resellers. Once the process is initiated, registrants will receive an e-mail identifying their Vendor ID and instructions on how to enroll in the online Vendor Self-Service application.

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

4.3 Format of Bid Submission

A. The complete Bid package must be received by OGS Procurement Services by the date and time of the Bid opening. Late Bids shall be handled in accordance with Appendix B, Section 5 - 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 (Revised 3/12/25)) are not acceptable.

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

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

4.4 Content

A. A complete Bid consists of submission of the following documents. All documents must be completed in accordance with the instructions for the individual document, which may include an original signature or an original notarized signature. At this time, OGS cannot accept an eSignature that has been generated by software. See also Attachment 6 – Bidder Submission Checklist (Revised 2/27/25 3/12/25)

Bid Document

Required File

Format (Submit on USB)

Original also Required (Submit paper original) 1 Page 1 of the Invitation for Bids PDF X

Page 2 of the Invitation for Bids – Bidder Certification and Affirmation, with signature

PDF X

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

PDF

Attachment 1 – Pricing (Revised 3/12/25) (must be included with the Bid at the Bid Opening / Due date for Bids):

To accompany Attachment 1 – Pricing (Revised 3/12/25) for each Product Line bid:

Bidder will submit a copy of a current contract with governmental entities (such as other NYS contracts, or contracts such as those with GSA, NASPO ValuePoint, Veteran’s Administration, Department of Defense, or other state governments) showing that

Excel

GROUP 40061 – Protective Outerwear (Firefighting, Emergency/Rescue, and Safety) (Statewide) PAGE 16

Required File

Format (Submit on USB)

Original also Required (Submit paper original) Bidder’s pricing offered to NYS in this Invitation for Bids is the same or better than pricing provided by Bidder in such contract to governmental entities. If NYS Net Prices are based on a GSA Schedule or NASPO ValuePoint Contract, the GSA or NASPO ValuePoint pricing should also be submitted with the Bid.

Bidder shall also include a current copy of the Manufacturer’s nationally published catalog/pricelist in its original format detailing current List Prices relevant to each Product Line bid.

5 Attachment 2 – NYS Required Certifications, with signature PDF 6 Attachment 3 – Encouraging Use of NYS Businesses PDF 7 Proof of Compliance with Attachment 4 – Insurance Requirements. PDF 8 Attachment 5 – Bidder Information Questionnaire Excel 9 Attachment 6 – Bidder Submission Checklist (Revised 2/27/25 3/12/25) Excel

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

11 Attachment 8 – Report of Contract Usage Not required to be submitted with the bid 12 Attachment 9 – Certification Under Executive Order 16, with signature PDF

Attachment 10 – Manufacturer’s Certificate A Manufacturer submitting a Bid that includes ONLY their own Product Line(s) will not be required to submit an Attachment 10 – Manufacturer’s Certificate.

PDF

14 Attachment 11 – Required Proof of Sales Summary (Revised 2/27/25) Excel

Attachment 12 – Required Product Detailed Specifications Bidder shall specify the Federal standards applicable to the Products bid in Attachment 12. To accompany Attachment 12: Detailed specifications, Product literature, and all necessary data on the Product(s) to be furnished (“Product literature”) for each Product bid as specified in Section 3 and Section 4.9. Information provided must demonstrate that normal functionality of Products bid fits the scope of this Invitation for Bids. Bidder shall also provide a link to a website where such detailed specifications can be found via Attachment 12.

If the Product offered differs from the Product literature, such differences must be explained in detail.

Excel

16 Attachment 13 – Contractor/Reseller Information PDF

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

PDF

MWBE 100, MWBE Utilization Plan, with signature (see https://ogs.ny.gov/mwbe/forms under “Commodity & Service Contracts”)

PDF

Vendor Responsibility Questionnaire (copy of certification that a Questionnaire has been completed online, and certified no more than six (6) months prior to the bid opening date); see https://www.osc.state.ny.us/state-vendors/vendrep/file-your-vendor-responsibility-questionnaire

PDF

GROUP 40061 – Protective Outerwear (Firefighting, Emergency/Rescue, and Safety) (Statewide) PAGE 17

Required File

Format (Submit on USB)

Original also Required (Submit paper original)

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

PDF

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

Must be submitted directly to the NYS Tax

Department

22 Bid Updates (if applicable), with signature PDF

B. Documents should be submitted as an electronic copy and in the format specified in the list above for each document (e.g., PDF, Excel), following the instructions provided in this section. Electronic copies of documents must be submitted on two (2) USB flash drives, with each USB flash drive containing a complete set of the submitted documents. When submitting electronic documents, include a printed copy of pages 1 and 2 of the Information for Bid with the Bid (see Section 4.5 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).

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

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

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

4.5 Bid 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. Invitation for Bids number (INVITATION FOR BIDS #23361)

3. Bid Opening Date and Time (March 19, 2025 March 26, 2025 at 1:30 PM EST)

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

All Bids should also include a PRINTED copy each of pages 1 and 2 of the Invitation for Bids, completed with the Bidder’s information. The printed copies of pages 1 and 2 should be placed in the envelope 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.

GROUP 40061 – Protective Outerwear (Firefighting, Emergency/Rescue, and Safety) (Statewide) PAGE 18

4.6 Bid Delivery

Bids shall be delivered to the following address at 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 – INVITATION FOR BIDS 23361

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, Section 5 - 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.

4.7 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, Invitation for Bids 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.

4.8 NYS Required Certifications

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

Required Certifications) with its Bid.

4.9 Product Literature to Be Furnished with Bid

Bidder shall submit with its Bid detailed specifications, Product literature, and all necessary data on the Product to be furnished (“Product literature”). Information provided must demonstrate that normal functionality of Products bid fits the scope of this Invitation for Bids. Bidder shall also provide a link to a website where such detailed specifications can be found via Attachment 12 – Required Product Detailed Specifications. If the Product offered differs from the Product literature, such differences must be explained in detail. Failure to submit any of the required information in Attachment 12 - Required Product Detailed Specifications or Product literature may result in rejection of the Bid. The State, however, reserves the right to request any additional information deemed necessary for the proper evaluation of Bids.