5021123335i_rev_092624.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 September 26, 2024)

5021123335i (Revised September 26, 2024)

BID OPENING

DATE: October 9, 2024

TIME: 1:30 P.M. ET

TITLE: Group 50211 – Recycled Copy Paper (Statewide)

INVITATION FOR BIDS NUMBER:

23335

Classification Codes: 14

CONTRACT PERIOD: Three (3) years with renewal options for up to two (2) additional years DESIGNATED CONTACTS: In accordance with the Procurement Lobbying Law [State Finance Law § 139-j(2)(a)], the following individuals are the Designated Contacts for this IFB.

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

Email Address: OGS.SM.PS.OfficeTeam@ogs.ny.gov Danielle Fosmire

Contract Management Specialist 1

Alexis Bredenko Team Leader

Melissa Carriero Contract Management

Specialist 2

Stacie Craft Contract Management

Specialist 1

Michelle St. Jock Assistant Director

Bidder’s Federal Tax Identification Number:

(Do Not Use Social Security Number)

NYS Vendor Identification Number:

(See New York State Vendor File Registration Clause)

Legal Business Name of Company Bidding:

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

Street

City

State

County

Zip Code

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: ______________

Office of General Services Procurement Services

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Bidder Certification and Affirmation

Bidder certifies and affirms as follows:

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

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

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

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

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

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

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

Print Full Bidder Entity Name

By:

Signature of Person Authorized to Legally Bind the Bidder

Print Name of Signatory

Print Title of Signatory

Date

RETURN THIS PAGE AS PART OF BID

https://ogs.ny.gov/acpl

GROUP 50211 - Recycled Copy Paper (Statewide) PAGE 3

Table of Contents

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

2. BIDDER QUALIFICATIONS

3. SPECIFICATIONS

3.1. Zones

3.2. Product Requirements (Items 1 – 4)

3.3. Product Requirements (Items 5 – 8)

3.4. Recycled Content

3.5. Recycled Certification

3.6. Processed Chlorine Free Certification

3.7. Size

3.8. Curl

3.9. Tests

3.10. Physical Surface Characteristics

3.11. Feed Characteristics

3.12. Guarantee

3.13. Stock

3.14. Packaging

3.15. Skids/Pallets

3.16. Punching

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

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4.7. Important Building Access Procedures

4.8. NYS Required Certifications

4.9. Supplier/Manufacturer’s Certificate

4.10. Bid Deviations

4.11. Bid Opening Results

4.12. Bid Liability

4.13. Firm Offer

4.14. NYS Reserved Rights

4.15. Incorporation

4.16. Bid Pricing Instructions

5. METHOD OF AWARD

5.1. Method of Award

5.2. Notification of Award

6. TERMS AND CONDITIONS

6.1. Contract Term and Extensions

6.2. Short term Extension

6.3. Price

6.4. Price Updates

6.5. Best Pricing Offer

6.6. Price Structure

6.7. Volume Discounts

6.8. Procurement Instructions for Authorized Users

6.9. Ordering

6.10. Minimum Order

6.11. Invoicing and Payment

6.12. Product Delivery

6.13. Product Returns and Exchanges

6.14. Unanticipated Excessive Purchase

6.15. Contract Administration

6.16. NYS Financial System (SFS)

6.17. Web-Based Ordering

6.18. Accessibility of Web-Based Information and Applications Policy

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

6.23. Participation Opportunities For New York State Certified Service-Disabled Veteran Owned Businesses . 34

6.24. Use of Recycled or Remanufactured Materials

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6.25. Bulk Delivery and Alternate Packaging

6.26. Environmental Sustainability and NYS Executive Order Number 22

6.27. Diesel Emission Reduction Act

6.28. Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment

6.29. Overlapping Contract Products

6.30. Preferred Source Products

6.31. NYS Vendor Responsibility

6.32. NYS Tax Law Section 5-a

6.33. “OGS or Less” Guidelines

6.34. Non-State Agencies Participation in Centralized Contracts

6.35. Extension of Use

6.36. Resellers

6.37. New Accounts

6.38. Drug and Alcohol Use Prohibited

6.39. Traffic Infractions

6.40. Samples

6.41. Contract Documents; Electronic Format

6.42. Purchasing Card Orders

APPENDICES

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

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 – Reseller Directory Attachment 11 – Supplier/Manufacturer’s Certificate

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1. INTRODUCTION

1.1. Overview

This Invitation For Bids (IFB) is issued by the New York State (“NYS”) Office of General Services (“OGS”), Procurement Services for Recycled Copy Paper (Statewide) as specified herein for all Authorized Users eligible to purchase through this IFB.

This IFB 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 IFB thoroughly and to precisely follow the instructions included in the IFB and all attachments.

The resultant Contracts will be issued under a multiple award structure. Awards shall be made by Grand Total Bid (per Item to the lowest responsive and responsible Bidder in accordance with Section 5.1, Method of Award.

This contract will have a three (3) year term with an optional two (2) year extension.

1.2. Scope

This IFB is for the procurement of Recycled Copy Paper for New York State Agencies, Political Sub-Divisions, and others authorized by New York State law to use OGS Centralized Contracts. Unless otherwise specified by the order, all deliveries are to be inside deliveries to the ordering Authorized User’s stockroom in accordance with Section 6.12, Product Delivery.

For the purposes of this IFB, there are eight (8) Items. New York State has been divided by county into four zones: (1) Western, (2) Central, (3) Northeast, and (4) Downstate/New York City Metropolitan in accordance with the Section 3.1, Zones. Authorized Users will place orders with the Contractor who holds the contract for the Zone to which the type of paper is to be shipped. There are two types of paper that can be shipped to each Zone, and each type of paper represents an Item. Each Zone has two Items, making a total of eight Items under this Award. Bidders may bid on one or more Items or on all Items. OGS intends to make only one award per Item, although an individual Bidder may be awarded more than one Item.

Item Zone Item Description 1 1 – Western NY Recycled White Copy Paper, 20 lb., 100% Post-Consumer Recycled

Content (PCRC) Fiber, Processed Chlorine Free, in various sizes.

2 2 – Central NY Recycled White Copy Paper, 20 lb., 100% Post-Consumer Recycled

Content (PCRC) Fiber, Processed Chlorine Free, in various sizes.

3 3 – Northeast NY Recycled White Copy Paper, 20 lb., 100% Post-Consumer Recycled

Content (PCRC) Fiber, Processed Chlorine Free, in various sizes.

4 4 – Downstate/

New York City Metropolitan Area

Recycled White Copy Paper, 20 lb., 100% Post-Consumer Recycled Content (PCRC) Fiber, Processed Chlorine Free, in various sizes.

5 1 – Western NY Recycled White Copy Paper, 20 lb., 30% Post Consumer Recycled Content (PCRC) Fiber, Elemental Chlorine Free, in various sizes.

6 2 – Central NY Recycled White Copy Paper, 20 lb., 30% Post Consumer Recycled Content (PCRC) Fiber, Elemental Chlorine Free, in various sizes.

7 3 – Northeast NY Recycled White Copy Paper, 20 lb., 30% Post Consumer Recycled Content (PCRC) Fiber, Elemental Chlorine Free, in various sizes.

8 4 – Downstate/ New York City Metropolitan Area

Recycled White Copy Paper, 20 lb., 30% Post Consumer Recycled Content (PCRC) Fiber, Elemental Chlorine Free, in various sizes.

GROUP 50211 - Recycled Copy Paper (Statewide) PAGE 7

1.3. Estimated Quantities

A Contract resulting from this IFB 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 IFB, based on historical purchases under previous awards, is approximately $2,123,000 annually. The individual value of each resultant Contract is indeterminate and will depend upon the number of Contracts issued and the competitiveness of the pricing offered. Authorized Users will be encouraged to purchase from Contractors who offer the Products and pricing that best meet their needs in the most practical and economical manner. See Appendix B, Estimated/Specific Quantity Contracts and Participation in Centralized Contracts.

Numerous factors could cause the actual quantities of Products purchased under a Contract resulting from this IFB to vary substantially from the estimates in the IFB. 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 IFB.

1.4. Key Events/Dates

Event Date Time

IFB Release 09/11/24 N/A

Closing Date for Bidder Questions 09/23/24 5:00 PM ET

OGS Procurement Services’ Responses to Bidder Questions 09/26/24 N/A

Bid Opening / Due date for Bids 10/09/24 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 IFB. 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 IFB documents will also be posted and released through the NYSCR.

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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 IFB documents.

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

1.6. Bidder Questions

All questions regarding this IFB should be submitted using Attachment 7 – Bidder Questions Form, citing the applicable IFB document name and document section. The completed form must be emailed to ogs.sm.ps.officeteam@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 IFB.

If Bidder intends to submit a Bid that deviates from the requirements of the IFB 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 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 IFB 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 “IFB 23335 MWBE or SDVOB INTEREST_COMPANY NAME” to ogs.sm.ps.officeteam@ogs.ny.gov on or before October 9, 2024. 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 IFB (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 IFB 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 IFB 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 mailto:ogs.sm.ps.officeteam@ogs.ny.gov mailto:ogs.sm.ps.officeteam@ogs.ny.gov

GROUP 50211 - Recycled Copy Paper (Statewide) PAGE 9 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 IFB. 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/

1.10. Definitions

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

“Bid Deviation” – 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 IFB.

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

“Elemental Chlorine-free” – no chlorine is used, but other chemicals containing chlorine may be used in the bleaching process.

“Long Grain” – The fibers in the paper run parallel to the long side of the sheet of paper.

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

“NYS Holidays” – 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” – 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.

“Post-Consumer Recycled Content (PCRC)” – only those products, packages or materials generated by a business or consumer which have served their intended end use as consumer items, and which have been separated or diverted from the waste stream for the purposes of collection and recycling as a secondary material feedstock. PCRC shall not include waste material generated by the manufacturer or converter during or after the completion of a manufacturing or converting process.

“Pre-Consumer Recycled Content” – material that is derived from the manufacturing process as excess (e.g., scrap) and repurposed into new material, but has not reached an end-user.

“Preferred Source Products” – those Products that have been approved in accordance with New York State

Finance Law § 162.

“Preferred Source Program” – the special social and economic goals set by New York State in State Finance

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

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

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“Processed Chlorine-Free” – recycled paper that is processed into new paper without the use of chlorine or chlorine derivatives.

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

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

“SDVOB” – a NYS-certified Service-Disabled Veteran-Owned Business.

“Total Recycled Content” – the combination of Pre-consumer and Post-consumer Recycled Content.

1.11. Appendices and Attachments

The following appendices and attachments, attached hereto, are hereby expressly made a part of this

Solicitation as fully as if set forth at length herein.

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

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 – Reseller Directory Attachment 11 – Supplier/Manufacturer’s Certificate

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. Appendix C, Federal Funding Agency Mandatory Terms and Conditions;

3. The Solicitation;

4. Appendix B, General Specifications;

5. All other appendices and attachments to the Solicitation.

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 must be either:

a. An established paper manufacturer or

b. An authorized distributor of established paper manufacturer(s).

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i. Any authorized distributor submitting a bid must guarantee that it is an authorized distributor of the manufacturer(s), that the manufacturer(s) agree to supply the distributor with all quantities of products required by the distributor in fulfillment of its obligations under any resultant contract with the State, and that it will provide an Attachment 11 – Supplier/Manufacturer’s Certificate completed by the manufacturer(s) acknowledging this level of support.

2. Bidder must maintain a business establishment with adequate inventories of the products offered, and must be capable of processing and shipping large numbers of orders to various destinations throughout New York State.

3. SPECIFICATIONS

3.1. Zones

For purposes of this IFB, New York State has been divided by county into four zones: (1) Western, (2) Central, (3) Northeast, (4) Downstate/New York City Metropolitan. Authorized Users will place orders with the Contractor who holds the contract for the Zone to which the paper is to be shipped. For example, an Albany Authorized User who wants paper delivered to the New York City area must order from the New York City area Contractor in Zone 4.

In the event no Items are awarded for a Zone, Authorized Users may utilize a contract for an Item in another Zone. but, only upon mutual agreement between the Contractor and the Authorized User. Please Note: Authorized Users utilizing this option will be required to pay freight charges from the Contractor’s plant to their location. Contractor to ship the paper the most economical way and submit Freight Bill with voucher to substantiate shipping charges.

The following is a breakdown of zones by County:

Zone 1 (Western NY)

Zone 2 (Central NY)

Zone 3 (Northeast NY)

Zone 4 (Downstate/NY City Metro)

Allegany Broome Albany Bronx Cattaraugus Cayuga Clinton Dutchess Chautauqua Chemung Columbia Kings

Erie Chenango Delaware Nassau Genesee Cortland Essex New York Livingston Jefferson Franklin Orange Monroe Lewis Fulton Putnam Niagara Madison Greene Queens Ontario Oneida Hamilton Richmond Orleans Onondaga Herkimer Rockland Steuben Oswego Montgomery Suffolk Wyoming St. Lawrence Otsego Westchester

Yates Schuyler Rensselaer Seneca Saratoga Tioga Schenectady Tompkins Schoharie Wayne Sullivan Ulster Warren Washington

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3.2. Product Requirements (Items 1 – 4)

RECYCLED COPY PAPER – WHITE WITH 100% POST CONSUMER RECYCLED CONTENT -

PROCESSED CHLORINE FREE. For use on high-speed copiers, laser and ink-jet printers, plain paper facsimile machines, and offset duplicators.

COLOR: White WEIGHT: Sub. 20 + 5% GRAIN: Long *OPACITY: Minimum of 89 CALIPER: Minimum of 3.9 mils to maximum of 4.7 mils.

*BRIGHTNESS: Minimum of 90

*These figures are minimums. Bidders who respond with "target numbers," e.g., brightness of 87– 90, are subject to rejection if any part of the target range is below the specified minimum figure.

3.3. Product Requirements (Items 5 – 8)

RECYCLED COPY PAPER – WHITE WITH 30% POST CONSUMER RECYCLED CONTENT –

ELEMENTAL CHLORINE FREE. For use on high-speed copiers, laser and ink-jet printers, plain paper facsimile machines, and offset duplicators.

COLOR: White WEIGHT: Sub. 20 + 5% GRAIN: Long *OPACITY: Minimum of 89 CALIPER: Minimum of 3.9 mils to maximum of 4.7 mils.

*BRIGHTNESS: Minimum of 90

*These figures are minimums. Bidders who respond with "target numbers," e.g., brightness of 87– 90, are subject to rejection if any part of the target range is below the specified minimum figure.

3.4. Recycled Content

For Items 1 – 4, the minimum recycled content requirement is 100% Post-consumer Recycled Content (PCRC) fiber as defined by the Environmental Protection Agency (EPA) https://www.epa.gov/smm/definitions-specifications-and-other-guidance-about-comprehensive-procurement-guideline-program.

For Items 5 – 8, the minimum recycled content requirement is 30% (PCRC) fiber as defined by the Environmental Protection Agency (EPA) https://www.epa.gov/smm/definitions-specifications-and-other-guidance-about-comprehensive-procurement-guideline-program.

All non-recycled or virgin content of proposed products shall be derived from a sustainably managed renewable resource and must be certified as such by an appropriate third-party certification program recognized by the paper industry. (e.g., Forest Stewardship Council (FSC)). Confirmation of compliance with this requirement should be specified in Attachment 1 – Pricing, and submitted with bids at the time of the bid opening. Failure to submit the required documentation may result in the rejection of bid. OGS reserves the right to request technical documentation to the extent necessary for verification purposes if deemed necessary.

Please see section 6.26 Environmental Sustainability and NYS Executive Order Number 22 and https://ogs.ny.gov/greenny/copy-paper-and-paper-supplies.

https://www.epa.gov/smm/definitions-specifications-and-other-guidance-about-comprehensive-procurement-guideline-program https://www.epa.gov/smm/definitions-specifications-and-other-guidance-about-comprehensive-procurement-guideline-program https://www.epa.gov/smm/definitions-specifications-and-other-guidance-about-comprehensive-procurement-guideline-program https://www.epa.gov/smm/definitions-specifications-and-other-guidance-about-comprehensive-procurement-guideline-program https://ogs.ny.gov/greenny/copy-paper-and-paper-supplies

GROUP 50211 - Recycled Copy Paper (Statewide) PAGE 13

3.5. Recycled Certification

Any one of the following shall be acceptable:

• The proposed product is currently certified by a third-party entity such as Green Seal or the Forest

Stewardship Council that verifies the percentage of post-consumer recycled content in the product.

The product either is on the certifier’s registry with the percentage of PCRC listed or has the certifier’s logo on its packaging or on the manufacturer’s website.

• The New York State Office of General Services is able to ascertain through readily available sources, such as trade publications or manufacturer literature that the proposed paper complies with New York State’s recycled requirements.

If none of the preceding conditions are met, OGS will notify bidder to submit an OGS supplied Paper Manufacturer’s Affidavit of Recycled Content. Failure to submit a properly completed affidavit within six (6) calendar days after notification may result in disqualification of bid.

3.6. Processed Chlorine Free Certification

For Items 1 – 4, proposed products must be Processed Chlorine Free (PCF) and must either be third party certified by an entity, which requires as part of its certification criteria that the product be PCF; or substantiated with literature published by the manufacturer or through a signed statement by a corporate officer of the manufacturer. S reserves the right to request technical documentation for verification purposes. Failure to submit the required documentation may result in the rejection of bid

For Items 5 – 8, proposed products must be Elemental Chlorine Free (ECF). This must either be third-party certified by an entity which requires as part of its certification criteria that the product be ECF or substantiated with literature published by the manufacturer or through a signed statement by a corporate officer of the manufacturer. OGS reserves the right to request technical documentation for verification purposes. Failure to submit the required documentation may result in the rejection of bid.

3.7. Size

8-1/2" x 11", 8-1/2" x 14" and 11" x 17". All three sizes must be made available by the Bidder. Paper furnished shall be flat, precision trimmed-square on four sides, with clean smooth edges, and evenly jogged. Tolerance of + 1/32 inch allowed. Successive sheets within any package shall not differ from each other by more than 1/64 inch.

3.8. Curl

Paper shall lie flat before and after processing through a xerographic type copier, laser or ink-jet printer, or fax machine with either no tendency to curl or with a curl which can be overcome under reasonable working conditions.

3.9. Tests

OGS reserves the right to conduct such tests as may be deemed necessary to determine the quality, uniformity and workmanship of the products offered and/or delivered and also as to the quality and economy of the work performed by such product.

GROUP 50211 - Recycled Copy Paper (Statewide) PAGE 14

3.10. Physical Surface Characteristics

Paper shall be free from: lint, fuzz, wrinkles, waviness, folds, holes, tears, slime spots, wrapper glue, turned-over corners, damaged edges, any scraps of foreign material and/or other defects.

3.11. Feed Characteristics

Paper must be free of static electricity and have sufficient stiffness and tensile strength to insure efficient feeding and transport through a xerographic type copier. Paper furnished must run consistently trouble-free through high-speed copiers, laser and ink-jet printers, plain paper faxes, and offset duplicators, and be capable of being printed on two sides without excessive curling or otherwise jamming the copier and/or other equipment.

3.12. Guarantee

All copy paper furnished must be unconditionally guaranteed to provide trouble-free operation when used on xerographic type copiers - both regular speed and high-speed machines, laser and ink-jet printers, plain paper faxes, and offset duplicators. If requested, bidder must submit a letter from the paper mill manufacturing the stock bid on, unconditionally guaranteeing that the stock furnished will operate trouble free.

3.13. Stock

• Bids will be accepted only for paper grades which have been regularly made by the manufacturer for at least the past 3 months. These grades must have been widely distributed and proven to perform without problems on all makes and models of dry toner copiers.

• Stock proposed shall be the same as that which is sold to the trade under the same brand name. Bids are requested on standard mill brands which are produced by a mill manufacturer (as opposed to a converter).

• Bids will be accepted for private brands which have been regularly sold by the Bidder for at least the past 3 months and meet all specifications of the Solicitation.

• Bidders may offer to furnish more than one brand but shipments to an agency shall not consist of mixed brands within the same sized paper unless otherwise agreed to by the Authorized User. Substitution of brands shall not be permitted unless prior written permission is obtained from OGS. Authorized Users should not specify any particular brand on their purchase order. Where a Contractor offers more than one OGS approved brand for an Item at the specified price, the Contractor at their discretion may ship the OGS approved brand of their choice.

3.14. Packaging

• All paper to be ream wrapped in moisture resistant wrapper. A laminated wrapper (to create a moisture barrier) is preferred. Each ream package must have a label affixed to one end indicating the brand, size, color, number of sheets, substance weight, brightness, and grain, as well as the percentage of Post -Consumer Recycled Content. Each ream label must also have an arrow or other appropriate marking to indicate to copier operator the correct way the paper is to be loaded into the copier. This requirement can be eliminated only if the sheet proposed will operate trouble-free on either side.

GROUP 50211 - Recycled Copy Paper (Statewide) PAGE 15

• If cartons of paper have been ordered by Authorized User, reams to be packed in corrugated cartons typically 5000 sheets/carton for 8-1/2" x 11" and 8-1/2" x 14" and 2500 sheets per carton for 11" x 17".

Lid-type cartons preferred. Each carton to have a label or be marked on one end to identify the contents re: size, quantity, color and percentage of Post-consumer Recycled Content.

• Corrugated cartons shall meet ICC standards for carton quality, with no loose sealing or strapping and must be free of bulges and distortion. Corrugated cartons with at least 25% Post-Consumer Recycled Content are preferred.

• Cartons or pallet overwrap must be marked with contractor’s name, the contract number and purchase order number.

• Packaging must comply with Environmental Conservation Law section 37-0205. Packaging shall not contain inks, dyes, pigments, adhesives, stabilizers, or any other additives to which any lead, cadmium, mercury, or hexavalent chromium is intentionally added or contain incidental concentrations of lead, cadmium, mercury or hexavalent chromium which together are greater than 100 parts per million by weight (0.01%). The Purchaser reserves the right to request certification of compliance with this law.

3.15. Skids/Pallets

• An order large enough to warrant a skid or pallet must be sturdily constructed so that they can properly support the weight of the cartons placed thereon without breaking. No tops required on skids/pallets.

Two-way or four-way entry pallets are acceptable. Pallets may be disposable or reusable. Reusable and recycled content pallets are preferred. Skid/pallet cost is included in the price per thousand sheets.

No additional charges will be allowed for skids or pallets. Cartons should be carefully tier stacked to prevent damage. Skids or pallets to be shrink film wrapped or covered with water resistant paper to protect cartons against moisture damage in event delivery is made during inclement weather.

• Any Authorized User who places an order under this contract large enough to warrant a skid or pallet, must have a loading dock and materials handling equipment capable of moving skids and/or pallets from the delivery truck to the storeroom, which they must allow the delivering driver to use, if requested.

3.16. Punching

Round hole punching on paper may be required with three standard round holes per sheet (for use in a standard ring binder). Punched sheets must be free of "hole plugs" and must not interlock. (Bid price per 1,000 (M) sheets is to include paper and charge for punching.)

4. BID SUBMISSION

4.1. Performance and Bid Bonds

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

4.2. NYS Vendor File Registration

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

GROUP 50211 - Recycled Copy Paper (Statewide) PAGE 16 all future transactions with New York State. Additionally, the Vendor File enables a vendor to use the Vendor Self-Service application to manage all vendor information in one central location for all transactions related to the State of New York.

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

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

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

4.3. Format of Bid Submission

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

Situations susceptible to Disqualification may include:

1. E-mail or facsimile Bid submissions are not acceptable, 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 a USB flash drive for submittal.

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

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.

https://osc.state.ny.us/vendors/

GROUP 50211 - Recycled Copy Paper (Statewide) PAGE 17

4.4. Content

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

Bid Document Required

File Format (Submit on

USB)

Original also

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

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

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

4 Attachment 1 – Pricing (must be included with the Bid at the Bid Opening / Due date for Bids) Excel

5 Attachment 2 – NYS Required Certifications, with signature PDF

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

7 Proof of Compliance with Attachment 4 – Insurance Requirements. PDF 8 Attachment 5 – Bidder Information Questionnaire Excel 9 Attachment 6 – Bidder Submission Checklist 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

13 Attachment 10 – Reseller Directory Word

14 Attachment 11 –Supplier Manufacturer’s Certificate

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

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

https://ogs.ny.gov/mwbe/forms https://ogs.ny.gov/mwbe/forms https://www.osc.state.ny.us/state-vendors/vendrep/file-your-vendor-responsibility-questionnaire https://www.osc.state.ny.us/state-vendors/vendrep/file-your-vendor-responsibility-questionnaire https://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf

GROUP 50211 - Recycled Copy Paper (Statewide) PAGE 18

Bid Document Required

File Format (Submit on

USB)

Original also

Required (Submit paper original)

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

Must be submitted directly to the NYS Tax Department

B. Documents should be submitted as an electronic copy and in the format specified in the list above for each document (e.g., PDF, Excel), following the instructions provided in this section. Electronic copies of documents must be submitted on two (2) USB flash drives, with each USB flash drive containing a complete set of the submitted documents. When submitting electronic documents, include a printed copy of page 1 of the Solicitation with the Bid (see 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. Solicitation number (IFB #23335)

3. Bid Opening Date and Time

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

All Bids should also include a PRINTED copy of page 1 of the Solicitation, completed with the Bidder’s information. This printed copy of page 1 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.

4.6. 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:

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

GROUP 50211 - Recycled Copy Paper (Statewide) PAGE 19

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 – IFB 23335

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.

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, 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.