3520523227i3_IFB.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 02/03/2021)

IFB23227_Revised_02/03/2021.doc

BID OPENING

DATE: March 9, 2021

TIME: 11:00 A.M. EST

TITLE: Group 35205

BODY ARMOR, LAW ENFORCEMENT

(Soft Body Armor or Hard Body Armor) (Statewide)

INVITATION FOR BIDS NUMBER:

23227

Classification Codes: 46

CONTRACT PERIOD: Upon OSC Approval to September 30, 2026 DESIGNATED CONTACTS: In accordance with the Procurement Lobbying Law [State Finance Law § 139-j(2)(a)], the following individuals are the Designated Contacts for this Solicitation.

All questions relating to this Solicitation Must be addressed to the Designated Contacts.

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

PRIMARY CONTACT

Neilene Rabideau Contract Management Specialist 1

Telephone No. (518) 473-6518 Email address:

OGS.sm.SSTSafetySecurity@ogs.ny.gov

SECONDARY CONTACT

Joseph Better

Contract Management Specialist 3 Telephone No. (518) 474-7101

Email 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 35205 – Body Armor, Law Enforcement PAGE 2

IFB23227_Revised_02/03/2021.docx

Bidder Certification and Affirmation

Bidder certifies and affirms as follows:

1. This Bid is an irrevocable offer for 180 days from the date of submission to the New York State (“NYS”)

Office of General Services (“OGS”), or for such longer period as is set forth in the 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), Appendix B (General Specifications), and Appendix D (Federal Funding Terms and Conditions).

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 35205 – Body Armor, Law Enforcement PAGE 3

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 SUMMARY OF POLICY AND PROHIBITIONS ON PROCUREMENT LOBBYING

1.9 DEFINITIONS

1.10 ADDENDA

1.11 RULES OF INTERPETATION

1.12 APPENDICES AND ATTACHMENTS

1.13 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 PRICING SUBMITTAL

4.6 PRODUCT DELIVERY TIMEFRAMES

4.7 VOLUME DISCOUNTS

4.8 PROMPT PAYMENT DISCOUNTS

4.9 NYS PROCUREMENT CARD DISCOUNT

4.10 BID ENVELOPES AND PACKAGES

4.11 BID DELIVERY

4.11.1 IMPORTANT BUILDING ACCESS PROCEDURES

4.12 MANUFACTURER’S CERTIFICATE

4.13 BID DEVIATIONS

4.14 NYS REQUIRED CERTIFICATIONS

4.15 BID OPENING RESULTS

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4.17 FIRM OFFER

4.18 NYS RESERVED RIGHTS

4.19 INCORPORATION

SECTION 5 METHOD OF AWARD

5.1 AWARD OVERVIEW

5.2 NOTIFICATION OF AWARD

SECTION 6 TERMS AND CONDITIONS

6.1 CONTRACT TERM AND EXTENSION

6.2 SHORT TERM EXTENSION

6.3 PERIODIC RECRUITMENT

6.4 PRICE

6.5 BEST PRICING OFFER

6.6 PRICE STRUCTURE

6.7 ORDERING

6.8 PRODUCT LINES

6.9 PURCHASE CARD ORDERS

6.10 MINIMUM ORDER

6.11 PROCUREMENT INSTRUCTIONS FOR AUTHORIZED USERS

6.12 PRODUCT INSPECTION AND ACCEPTANCE PERIOD

6.13 INVOICING AND PAYMENT

6.14 PRODUCT DELIVERY

6.15 PRODUCT RETURNS AND EXCHANGES DUE TO CONTRACTOR’S ERROR

6.15.1 DISCREPANCIES

6.16 PRODUCT RETURNS BECAUSE OF AUTHORIZED USER ERROR

6.17 PRODUCT END-OF-CYCLE RECYCLING/DISPOSAL

6.18 CONTRACT ADMINISTRATION

6.19 CONTRACT UPDATES

6.20 NYS FINANCIAL SYSTEM (SFS)

6.21 NYS FINANCE LAW § 139-l

6.22 INSURANCE

6.23 REPORT OF CONTRACT USAGE

6.24 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

GROUP 35205 – Body Armor, Law Enforcement PAGE 5

6.25 PARTICIPATION OPPORTUNITIES FOR NEW YORK STATE CERTIFIED SERVICE-DISABLED VETERAN-OWNED

BUSINESSES

6.26 RECALLS

6.27 OVERLAPPING CONTRACT PRODUCTS

6.28 NYS VENDOR RESPONSIBILITY

6.29 NYS TAX LAW SECTION 5-a

6.30 “OGS OR LESS” GUIDELINES

6.31 NON-STATE AGENCIES PARTICIPATION IN CENTRALIZED CONTRACTS

6.32 EXTENSION OF USE

6.33 DISTRIBUTORS

6.33.1 PROHIBITION OF DEALERS

6.34 NEW ACCOUNTS

6.35 TRAFFIC INFRACTIONS

6.36 INSTRUCTION MANUALS

6.37 CONTRACTOR’S INSTRUCTIONS:

6.38 PREFERRED SOURCE

6.39 ONGOING COMPLIANCE

6.40 CAPTIONS

6.41 SEVERABILITY

APPENDICES

Appendix A – Standard Clauses for NYS Contracts (October 2019) Appendix B – General Specifications (April 2016) Appendix C – Contract Modification Procedure Appendix D – Federal Funding Terms and Conditions

ATTACHMENTS

Attachment 1 – Pricing Attachment 2 – NYS Required Certifications Attachment 3 – Encouraging Use of NYS Businesses Attachment 4 – Insurance Requirements Attachment 5 – Bidder Information Questionnaire Attachment 6 – Bidder Submission Checklist Attachment 7 – Bidder Questions Form Attachment 8 – Report of Contract Usage Attachment 9 – Distributor Information Attachment 10 – Manufacturer’s Certificate Attachment 11 – Product Attestation Attachment 12 – How to Use

GROUP 35205 – Body Armor, Law Enforcement PAGE 6

SECTION 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 to establish multiple statewide Centralized Contracts for Soft Body Armor and Hard Body Armor (including Ballistic-resistant, Stab-resistant, Riot, Bomb, & Accessories) for all Authorized Users eligible to purchase through this Solicitation. as is defined in Section 1.9 DEFINITIONS.

This IFB contains Soft Body Armor and Hard Body Armor which are described in further detail below in Section

1.2 Scope, For each Product Line, only one award Will be made to the Responsive and Responsible Bidder, who offers the best (highest) Percentage Discount for that Product Line. For a successful Bidder who is awarded more than one Product Line, only one Centralized Contract Will be issued. Please see Section 5 Method of Award for additional information.

This Solicitation outlines the terms and conditions and all applicable information required for submitting a Bid.

Bidders should pay strict attention to the Bid submission date and time to prevent disqualification. Bidders are strongly encouraged to read the language of this Solicitation thoroughly and to precisely follow the instructions included in the Solicitation and all attachments.

1.2 SCOPE

The purpose of this IFB is to establish Centralized Contracts with qualified Bidders to provide new Soft Body Armor and Hard Body Armor, including Ballistic-resistant, Stab-resistant, Riot, Bomb, and Accessories which meet the requirements in Section 3 Specifications.

The scope of this IFB and the resultant Contracts is set forth below:

A. SOFT BODY ARMOR (Ballistic-resistant, Stab-resistant) & ACCESSORIES

This consists primarily of concealable Vests, panels, and accessories. The accessories May include, but are not limited to, Carriers, Trauma Packs, and body armor for the protection of neck, groin, arms, & legs but excludes general use gear bags.

B HARD BODY ARMOR (Ballistic-resistant, Stab-resistant, Riot, and Bomb) & ACCESSORIES

This consists primarily of Vests, rigid plates, and accessories. Hard Body Armor also includes Riot Suits, Bomb Suits, Ballistic-resistant & Riot helmets and visors, Ballistic-resistant & Riot shields, and May include other Ballistic-resistant shielding Products such as Ballistic-resistant clipboards, Ballistic-resistant briefcases, and Ballistic-resistant blankets. The accessories May include, but are not limited to, Trauma Plates, and body armor for the protection of neck, groin, arms, & legs but excludes general use gear bags.

1.3 ESTIMATED QUANTITIES

A Centralized Contract resulting from this Solicitation Will be an estimated quantity Contract. No specific quantities are represented or guaranteed, and the State provides no guarantee of individual Authorized User participation. The Contractor Must furnish all quantities actually ordered at or below the Contract prices. The anticipated dollar value of the award for this Solicitation, based on historical purchases under previous awards, is approximately $10,000,000 annually. The individual value of each resultant Contract is indeterminate and will depend upon the number of Contracts issued and the competitiveness of the pricing offered. Authorized Users Will be encouraged to purchase from Contractors who offer the Products and pricing that best meet their needs in the most practical and economical manner. See Appendix B, Estimated/Specific Quantity Contracts and Participation in Centralized Contracts.

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

Solicitation to vary substantially from the estimates in the Solicitation. Such factors include, but are not limited to, the following:

• Such Contracts May be non-exclusive Contracts.

GROUP 35205 – Body Armor, Law Enforcement PAGE 7

• 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 Contract Term of the resulting Contracts could vary substantially from the estimates provided in this Solicitation.

1.4 KEY EVENTS/DATES

Event Date Time IFB Release January 11, 2021

Closing Date for First Round of Bidder Questions January 25, 2021 5:00 PM EST

OGS Procurement Services’ Responses to First Round of Bidder Questions February 3, 2021

Closing Date for Second Round of Bidder Questions February 15, 2021 5:00 PM EST

OGS Procurement Services’ Responses to Second Round of Bidder Questions

February 22, 2021 (tentative)

Bid Opening / Due Date for Bids March 9, 2021 11:00 AM EST

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 Solicitation. Navigate to the “I want to find contracts to bid on” page to register for your free account. In order to receive email 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 the “send me notification updates” option listed to the right of the ad. Answers to all questions of a substantive nature will be posted in the form of a question and answer document and released through the NYSCR. Any updates to Solicitation documents will also be posted and released through the NYSCR.

If you do not opt-in to receive notification updates regarding a particular ad, you Will not receive email notifications regarding updates, including email notifications regarding the posting of the question and answer document and updates to Solicitation documents.

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

1.6 BIDDER QUESTIONS

All questions regarding this Solicitation should be submitted using Attachment 7 – Bidder Questions Form, citing the applicable Solicitation document name and document section. The completed form Must be emailed to OGS.sm.SSTSafetySecurity@ogs.ny.gov by the dates and times indicated in Section 1.4 Key Events/Dates.

Questions submitted after the deadline indicated May not be answered. A Bidder is strongly encouraged to

GROUP 35205 – Body Armor, Law Enforcement PAGE 8 submit questions as soon as possible. Answers to all questions of a substantive nature Will be provided to all prospective Bidders in the form of a question and answer document which will be posted to the OGS website and Will not identify the Bidder asking the question. Notification of this posting Will be advertised in the NYS Contract Reporter (“NYSCR”). Your company Must select the “opt-in” option within the Contract Reporter ad to receive notification updates of this Solicitation.

If Bidder intends to submit a Bid that deviates from the requirements of this Solicitation 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

Pursuant to the Memorandum of Understanding (“MOU”) dated August 15, 2019 between the Offices of the New York State Governor Andrew M. Cuomo (“Executive”), New York State Comptroller Thomas P. DiNapoli (“OSC”), the State University of New York (“SUNY), the State University of New York Construction Fund (“SUCF”), the City University of New York (“CUNY”), and the City University of New York Construction Fund (“CUCF”), procurement documents and Contracts awarded under this Solicitation Shall have no force and effect and the State bears no liability unless such procurement documents and Contracts awarded under this Solicitation are approved by OSC or the pertinent pre-audit review period under the MOU has elapsed.

1.8 SUMMARY OF POLICY AND PROHIBITIONS ON PROCUREMENT LOBBYING

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

http://www.ogs.ny.gov/acpl/

GROUP 35205 – Body Armor, Law Enforcement PAGE 9

1.9 DEFINITIONS

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

“Addendum” or “Addenda” refers to additional or revised provisions of the Solicitation (including the Attachments and Appendices) issued in Writing prior to the receipt of Bids.

“Authorized User” refers to entities that meet the definition in Appendix B, Definitions and the definitions of either “Police Officer(s)” as defined by subdivision 34 of §1.20 of the New York State Criminal Procedure Law or “Peace Officer(s)” as defined in §2.10 of the New York State Criminal Procedure Law.

“Awarded Percentage Discount” refers to the Percentage Discount for a particular Product Line in the contract award, which Must not be reduced for the Contract Term.

“Ballistic-resistant” refers to a component of body armor, plates, panels, helmets and visors, shields, or accessories which protects against bullet penetrations and the blunt trauma associated with bullet impacts.

“Bid Deviation” refers to any variance submitted or proposed by a Bidder, which deviates from, adds extraneous terms to, conflicts with, or offers an alternative to any term, condition, specification, or requirement of the Solicitation.

“Bomb Suit(s)” or “Bomb” refers to an ensemble designed to provide protection for the head, face, neck, thorax/abdomen, pelvis, arms, and legs from explosive devices and materials.

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

“Business Entity” refers to any individual, business, partnership, joint venture, corporation, S-corporation, limited liability company, sole proprietorship, joint stock company, consortium, or other private legal entity recognized by statute. Note: The defining criteria is the unique FEIN # and NYS Vendor ID #.

“Bulkload State Agency” refers to any State agency who does not directly input financial information into SFS; but instead, transfers financial information through a bulkload transaction interface process. Through this process, an internal agency system electronically transmits data to the SFS and the SFS creates data extract files to send back to the internal agency system.

“Carrier” refers to a garment whose purpose is to retain the Ballistic-resistant or Stab-resistant plate(s) and provide a means of supporting and securing the plate(s) to the wearer.

“Combination Armor” refers to body armor which is both Ballistic-resistant and Stab-resistant. Combination Armor May also be called dual-threat armor or multiple-threat armor.

“Contract Term” refers the length of time the Centralized Contract Will remain in effect and Will include any renewals, or extensions, or both.

“CPL” refers to Compliant Product List published by the National Institute of Justice.

“Dealer” refers to a Business Entity who usually purchases from Distributors and sells to the public.

“Distributor” refers to a Business Entity which purchases Products directly from a Manufacturer, and then either sells Products directly to Authorized Users (and performs any measurements in accordance with ASTM E3003 or fittings in accordance with the Manufacturer’s Instructions) or sells Products to Dealers for resale to the public.

“F.O.B” refers to acronym for Free on Board.

“Hard Body Armor” refers to rigid armor systems, plates, inserts, accessories, or semi-rigid armor systems constructed with rigid materials that are designed to provide protection against ballistic, stabbing, fragmentation, and Riot threats.

“Industrial Funding Fee (IFF)” refers to the administrative fee imposed by the General Services Administration (GSA) on all transactions on GSA schedule contracts.

GROUP 35205 – Body Armor, Law Enforcement PAGE 10

“In Conjunction With Plates” refers to plates that are designed to provide a specific level of Ballistic-resistant or Stab-resistant protection only when layered with a specified model(s) of body armor listed on the NIJ CPL.

“List Price” refers to the published or displayed price at which a Manufacturer recommends its Products be sold to Authorized Users.

“Manufacturer” refers to a Business Entity that creates, makes, manipulates, produces, processes, or fabricates Products or something of value, by changing a raw material or commodity from one form to another or creates a new Product or commodity.

“Manufacturer’s Nationally Published Price List” refers to the document published or issued in some form by the Manufacturer, which is available to and recognized by the trade, and contains the Manufacturer’s Product or Model Designation, Product Description, and List Price.

“May” refers to the permissive in a clause or specification of this IFB or a resulting Contract. “May” does not mean “required.”

“Must” refers to the imperative in a Contract clause or specification. Means required, being determinative, or being mandatory, as well as imperative. Also see “Shall” and “Will.”

“MWBE” refers to businesses certified as such by Empire State Development’s Division of Minority and Women’s Business Development. NOTE: Businesses eligible to participate in the program Must be owned and operated by women and/or minority group members who are citizens of the United States or permanent resident aliens.

Generally, they Must have been in operation for at least one year.

“Non-State Authorized User” refers to any Authorized User except for a New York State Agency.

“NIJ” refers to the National Institute of Justice.

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

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

“NYS Net Pricing” refers to the quantifiable not-to-exceed price for all Products offered, computed by multiplying the List Price by the Percentage Discount.

“NYS Vendor ID” refers 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 Approved Pricing Pages” refers to the excel file that contains all pricing information for each Contractor’s Centralized Contract, including, but not limited to, Product or Model Designation, Product Description, List Price, Awarded Percentage Discount, NYS Net Pricing, standard delivery timeframes; is posted on the OGS public website; and May be updated by OGS from time to time during the Contract Term.

“Online State Agency” refers to a State agency that inputs financial information data directly into SFS.

“Percentage Discount” refers to an allowance, reduction, or deduction from the List Price to the NYS Net Pricing expressed as a percentage rounded to two decimal points.

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

“Preferred Source Program” refers 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

GROUP 35205 – Body Armor, Law Enforcement PAGE 11 exempt from the competitive bidding requirements. The New York State Preferred Sources include: The Correctional Industries Program of the Department of Corrections and Community Supervision (“Corcraft”);

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

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

“Product Line” refers to a group of similar or related Products manufactured by a single Manufacturer and identified by a particular name or single brand.

“Product Description” refers to the description, such as a particular design, composition, or function of a Product, developed by the Manufacturer, and associated with a particular Product or Model Designation.

“Product or Model Designation” refers to the unique identifier (words, letters, numbers, symbols, or combination) assigned by the Manufacturer to describe a style, class, or type of Product, such as a particular design, composition, or function for that Product. Product Designation may also be called Part No., Item No., Catalog No. or Serial No. Model Designation may also be called Model No or Style No.

“Riot” or Riot Suits” refers to an item of Hard Body Armor which protects against crowd violence.

“Shall” refers to the imperative in a Contract clause or specification. Means required, being determinative, or being mandatory, as well as imperative. Also see “Must” and “Will.”

“SFS” refers to acronym for Statewide Financial System.

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

“Soft Body Armor” refers to body armor, plates, inserts, and accessories constructed of pliable/flexible materials which is Ballistic-resistant and/or Stab-resistant.

“Special Threat” refers to stand-alone plates or panels which are designed to provide enhanced protection in a localized area and compliment concealable or tactical armor.

“Stab-resistant” refers to a component of body armor which protects against penetration of knife blades or other spike-style weapons.

“Threat Level” refers to the level of performance classified by NIJ standards.

“Trauma Pack” refers to soft inserts intended to reduce blunt trauma due to a ballistic impact.

“Trauma Plate” refers to hard inserts intended to reduce blunt trauma due to a ballistic impact.

“Vest” refers to body armor intended to protect the wearer’s torso.

“Will” refers to the imperative in a Contract clause or specification. Means required, being determinative, or being mandatory, as well as imperative. Also see “Must” and “Shall.”

“Written,” “Written Communication,” or “in Writing” refers to any type of communication that makes use of words or numbers. Examples include e-mail, Internet websites, letters, proposals, and Contracts.

1.10 ADDENDA

All Addenda issued by Procurement Services for this procurement are expressly incorporated in this Solicitation and any resulting Contract.

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1.11 RULES OF INTERPETATION

Except where the Manufacturer’s Nationally Published Price List uses words of the masculine or feminine gender to describe Products designed for either the masculine or feminine genders, words of the masculine and feminine genders Will be deemed and interpreted to include the neuter gender.

Unless the context otherwise indicates, the singular number Will include the plural number and the plural number Will include the singular number.

The terms “hereby,” “hereof,” “hereto,” “herein,” “hereunder,” and any similar terms, as used in this Solicitation refer to this Solicitation and any resulting Contract.

1.12 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.

APPENDICES

Appendix A – Standard Clauses for NYS Contracts (October 2019) Appendix B – General Specifications (April 2016) Appendix C – Contract Modification Procedure Appendix D – Federal Funding Terms and Conditions

ATTACHMENTS

Attachment 1 – Pricing Attachment 2 – NYS Required Certifications Attachment 3 – Encouraging Use of NYS Businesses Attachment 4 – Insurance Requirements Attachment 5 – Bidder Information Questionnaire Attachment 6 – Bidder Submission Checklist Attachment 7 – Bidder Questions Form Attachment 8 – Report of Contract Usage Attachment 9 – Distributor Information Attachment 10 – Manufacturer’s Certificate Attachment 11 – Product Attestation Attachment 12 – How to Use

1.13 CONFLICT OF TERMS

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

1. Appendix A, Standard Clauses for New York State Contracts;

2. The Solicitation including all issued Addenda;

3. Appendix B, General Specifications;

4. All other appendices and attachments to the Solicitation.

In the event of a conflict among Addenda issued by Procurement Services, the Addendum Procurement Services issued more recently Will prevail.

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 Will 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 Must meet the following qualification:

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A Bidder Must be either:

A. A Manufacturer; or

B. An authorized Distributor. Distributors Must demonstrate they are authorized by providing a

Manufacturer’s Certificates for the Product Line(s) Bid (see Section 4.12 Manufacturer’s Certificate).

Bids Will not be accepted from Dealers.

SECTION 3 SPECIFICATIONS

All Product(s) offered Must meet the following requirements.

A. All Products offered Must be new, not remanufactured, not seconds, and not surplus.

B. Body Armor, Ballistic-resistant: All models of Ballistic-resistant Vests and plates (except Special Threat Plates or In Conjunction With Plates) Must carry the NIJ Standard-0101.06 July 2008 Protection Levels IIA, II, IIIA, III, or IV certification and Must be included on the CPL with a model status of “active”. If NIJ updates this standard, Contractor(s) Must carry the current NIJ Standard certification for Products at time of delivery. To demonstrate proof of compliance with NIJ Standard

– 0101.06 July 2008 certifications, Bidders Must submit with their Bid submission:

i. An electronic copy of the CPL with each offered model highlighted; and

ii. Attachment 11 – Product Attestation in electronic format.

C. Body Armor, Ballistic-resistant Special Threat Plates: All models of Special Threat Plates Must meet the NIJ Standard-0101.06 July 2008. If NIJ updates this standard, Contractor(s) Must meet the current NIJ Standard for Products at time of delivery. To demonstrate proof of compliance with NIJ Standard – 0101.06 July 2008, Bidders Must submit with their Bid submission:

i. Attachment 11 – Product Attestation in electronic format

D. Body Armor, Ballistic-resistant In Conjunction With Plates: All models of In Conjunction With Plates Must be used only when layered with a specified model(s) of body armor listed on the CPL.

i. The item description in Attachment 1 – Pricing must indicate the specified model of body armor listed on the CPL in which is being used with the In Conjunction With Plate; and

ii. An electronic copy of the CPL with the specified model of body armor in which the In Conjunction With Plate(s) is layered; and

iii. Attachment 11 – Product Attestation in electronic format

E. Body Armor, Stab-resistant: All models of Stab-resistant Vests and plates Must carry the NIJ Standard–0115.00 September 2000 Protection Levels 1, 2, or 3 certification for: Spike and Edged Blade and Must be included on the CPL with a model status of “active”. If the NIJ updates this standard, Contractor(s) Must carry the current NIJ Standard certification for Products at time of delivery. To demonstrate proof of compliance with NIJ Standard – 0115.00 September 2000 certifications, Bidders Must submit with their Bid submission:

ii. Attachment 11 – Product Attestation in electronic format.

F. Body Armor, Combination Armor: All models of Combination Armor Vests and plates Must carry the

NIJ Standard-0101.06 July 2008 Protection Levels IIA, II, IIIA, III, or IV certification and NIJ Standard–0115.00 September 2000 Protection Levels 1, 2, or 3 certification and Must be included on the CPL with a model status of “active”. If the NIJ updates either standard, Contractor(s) Must carry the current NIJ Standard certification for both Ballistic-resistant and Stab-resistant Body Armor at time of delivery. To demonstrate proof of compliance with NIJ Standard – 0101.06 July 2008 and NIJ Standard – 0115.00 September 2000 certifications, Bidders Must submit with their Bid submission:

ii. Attachment 11 – Product Attestation in electronic format

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G. Body Armor, Bomb Suits: All models of Bomb Suits Must meet or exceed the NIJ Standard–

0117.01 April 2016. If NIJ updates this standard, Contractor(s) Must meet or exceed the current NIJ Standard for Products at time of delivery. To demonstrate proof of compliance with NIJ Standard – 0117.01 April 2016, Bidders Must submit with their Bid submission:

H. Helmets, Ballistic-resistant: All models of Ballistic-resistant helmets Must meet or exceed the NIJ Standard-0106.01 December 1981 Protection Levels IIA, II, or IIIA. If NIJ updates this standard, Contractor(s) Must meet or exceed the current NIJ Standard for Products at time of delivery. To demonstrate proof of compliance with NIJ Standard-0106.01 December 1981, Bidders Must submit with their Bid submission:

G. Helmets and Visors, Riot: All models of Riot helmets and visors Must meet or exceed the NIJ Standard-0104.02 October 1984. If NIJ updates this standard, Contractor(s) Must meet or exceed the current NIJ Standard for Products at time of delivery. To demonstrate proof of compliance with NIJ Standard-0104.02 October 1984, Bidders Must submit with their Bid submission:

H. Ballistic–resistant Products (except Vests, plates and helmets): All models of Ballistic-resistant Products including shields, clipboards, briefcases, blankets, etc. Must meet the NIJ Standard-

0108.01 September 1985 Protection Levels IIA, II, IIIA, III, or IV. If NIJ updates this standard, Contractor(s) Must meet the current NIJ Standard for Products at time of delivery. To demonstrate proof of compliance with NIJ Standard-0108.01 September 1985, Bidders Must to submit with their Bid submission:

i. Attachment 11 – Product Attestation in electronic format

OGS Procurement Services May require additional documentation to determine that Bidder’s offer meets the detailed specifications. The Bidder Will be given a date by which the requested documents Must be provided.

If the Bidder fails to submit the documentation, the 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.

Upon review of the extension request, OGS Will either provide a new deadline or if the deadline is not met, consider the Bidder non-responsive and the Bidder’s offer Will no longer be considered for an award of contract.

SECTION 4 BID SUBMISSION

4.1 PERFORMANCE AND BID BONDS

There are no bonds required for this Contract. The Commissioner of OGS (Commissioner) 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 resulting Contract Term.

4.2 NYS VENDOR FILE REGISTRATION

Prior to being awarded a Centralized Contract pursuant to this Solicitation, the Bidder and any Bidder’s Distributors 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 Distributors (if any) for use on all future transactions with New York State. Additionally, the Vendor File enables a vendor to use the Vendor Self- Service application to manage all vendor information in one central location for all transactions related to the State of New York.

If Bidder is already registered in the New York State Vendor File, the Bidder Must enter its Vendor ID on the first page of this Solicitation. Authorized Distributors already registered should list the Vendor ID number along

GROUP 35205 – Body Armor, Law Enforcement PAGE 15 with the Distributor 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 a n authorized Distributor is to be used that does not have a Vendor ID, an OSC Substitute W-9 form should be completed by each Distributor and submitted to OGS. OGS Will initiate the vendor registration process for all Bidders and Distributors. Once the process is initiated, registrants Will receive an email 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

The complete Bid package Must be received by OGS Procurement Services by the date and time of the Bid opening stated in Section 1.4 KEY EVENTS/DATES. Late Bids Will be handled in accordance with Appendix B, Late Bids.

Bidders are responsible to ensure that all USB-flash-drives and electronic files are properly formatted and accessible. 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. 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.

Email or facsimile Bid submissions are not acceptable and Will result in a Bid being disqualified.

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.

4.4 CONTENT

Bidders are required to submit two (2) copies of each of the documents listed in Attachment 6 – Bidder Submission Checklist and in the manner specified (i.e., paper or electronic format on a USB-flash drive).

Failure to do so May result in the Bid being deemed non-responsive to the Solicitation. Each document should be saved as its own file, properly marked as to its contents, and all documents saved to two (2) USB-flash-drives. Note: all Excel documents Must NOT be locked or password protected by Bidder.

Also, please note that in the case of discrepancies between paper copies and USB-flash-drive submissions of the documents required in both formats, the electronic USB-flash-drive submissions Will take precedence over the paper copy.

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

The following lists the forms which Will be reviewed for completeness and accuracy at the time of the Bid Opening. A Bidder Must submit all documents in the manner and format set forth below and in Attachment 6 – Bidder Submittal Checklist (i.e., paper or electronic format on two USB flash drives). Failure to do so May result in the Bid being deemed non-responsive.

Each document should be saved as its own file, properly marked as and to its contents, to two (2) USB-flash-drives. If an item is noted as requiring a paper version submission, this Must be provided with original ("wet") ink signature (e.g. no photocopies, electronic, or stamped signatures).

GROUP 35205 – Body Armor, Law Enforcement PAGE 16

A. IFB Cover Page

Page #1 of the IFB (cover page/first page of this document) completed, signed, and submitted both in paper and electronic format on two USB flash drives.

B. IFB Bidder Certification and Affirmation Page Page #2 of the IFB (the Bidder Certification and Affirmation Page/second page of this document) completed, signed, and submitted both in paper and electronic format on two USB flash drives.

C. Attachment 2 – NYS Required Certifications (see Section 6.21 NYS FINANCE LAW § 139-l) Completed, signed, and submitted both in paper and electronic format on two USB flash drives.

D. Attachment 3 – Encouraging Use of NYS Businesses

Completed and submitted in electronic format on two USB flash drives.

E. Attachment 4 – Insurance Requirements

Documentation, produced at Bidder’s sole expense and submitted in electronic format on two USB flash drives, that provides proof of compliance with required insurance as specified in Attachment 4 – Insurance Requirements.

F. Attachment 5 – Bidder Information Questionnaire Completed and submitted in Excel format on two USB flash drives.

G. Attachment 6 – Bidder Submittal Checklist Completed and submitted in Excel format on two USB flash drives

H. Attachment 9 – Distributor Information (see Section 6.33 DISTRIBUTORS) Completed and submitted in Word format on two USB flash drives. This form is required if the Bidder is a Manufacturer and has Distributors.

I. Attachment 10 – Manufacturer’s Certificate (see Section 4.11 MANUFACTURER’S CERTIFICATE) Completed and submitted in electronic format on two USB flash drives for each Product Line offered. This form is required if the Bidder is a Distributor and not the Manufacturer.

J. Attachment 11 – Product Attestation (See Section 3 SPECIFICATIONS) Completed and submitted in electronic format on two USB flash drives for each model of the Product Line offered

K. NY State Taxation and Finance form ST-220CA, Contractor Certification (see Section 6.29 NYS TAX LAW SECTION 5-a) Completed, signed, notarized, and submitted in paper.

L. Equal Employment Opportunity Staffing Plan (EEO 100) (see Section 6.24. 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)

Completed, signed, and submitted both in paper and electronic format on two USB flash drives

M. NYS Vendor Responsibility Questionnaire (For-Profit Business Entity) (see §6, NYS VENDOR

RESPONSIBILITY)

a. Online completion and submission through the NYS VendRep System, with a certification date no more than six (6) months prior to Bid Opening date; OR

b. Completed, signed, notarized, and submitted in paper with date of signature no more than six (6) months prior to Bid Opening date.

N. Supporting Information

a. Addendums for Solicitation, including answers to Bidder’s inquiries

b. A copy of the CPL with each offered model of Ballistic-resistant/Stab-resistant Vests and plates highlighted. Submitted in electronic format on two USB flash drives.

Receipt of a Bid by OGS does not indicate that OGS has pre-determined a company’s qualifications to receive a Contract. Such determination Will be based on the evaluation of a Bid compared to the specific requirements and qualifications contained within this Solicitation and attachments.

In the event a Bidder May need to submit amendments to its Bid prior to the Bid Submission Deadline, any amended pages should show the date of the revision and indicate the portion of the page being changed.

Two (2) paper versions of amended page(s), if applicable and two (2) USB-flash-drives should be submitted indicating the date of revision.

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Bidder is responsible for ensuring that the most recently updated version of all required documents has been submitted. Any updated versions released after the initial Bid release date Will be posted on the OGS website and announced via the NYS Contract Reporter.

4.5 BID PRICING SUBMITTAL

Pricing Will be collected using Attachment 1 – Pricing in accordance with the Instructions tab listed within Attachment 1. Failure to provide pricing at the time of Bid Opening Shall render the Bid non-responsive and result in either the rejection of the entire Bid or those particular Products or Product Lines for which the Bidder did not provide pricing. Bid pricing submitted in a format other than Attachment 1 – Pricing May render the Bid non-responsive and May result in the Bid being removed from consideration.

Bidders Must offer an entire Manufacturer’s Product Line, excluding products that do not fall within the scope of this Solicitation. Incomplete Product Lines, partial Product Lines, or selected Products from a Product Line (excluding products that do not fall within the scope of this Solicitation) Will not be considered. Failure to offer the entire Product Line Will result in rejection of either the particular Product Line or the entire Bid as non-responsive.

All NYS Net Pricing Must be discounted from List Price. Bidder Must include the applicable current Manufacturer’s Nationally Published Price List for each Product Line offered.

For each Product Line being Bid, the Bidder Must offer a single Percentage Discount greater than 0% and Must not propose any markup or charge over the List Price.

Price Must include all shipping charges, handling charges, Customs Duties and charges, and be net, F.O.B.

destination any point in New York State, including inside delivery.

The Bidder Must demonstrate reasonableness of price for each Product Line by offering the Percentage Discount to NYS that is the same or better than either:

A. the Percentage Discount offered to similarly situated governmental entities (i.e. NYS, other states, NASPO ValuePoint, other government cooperatives, federal entities, or other government entities) in an active (executed and in effect) contract, OR

B. (for Bidders which do not have an active contract with a similarly situated government entity,) the pricing or Percentage Discounts offered to the Bidder’s best customer.

Where a Bidder holds one or more active contracts with similarly situated government entities, and each active estimated quantity contract has a different Percentage Discount, the Bidder Must offer NYS the most advantageous (highest) Percentage Discount from among all the Bidder’s active contracts with similarly situated governmental entities.

Bidders that hold a current NYS Centralized Contract under Award 22926 and propose to offer a lower Percentage Discount than that offered on its current NYS Centralized Contract under Award 22926 Must meet ALL the following to demonstrate reasonableness of price;

A. The Bidder Must hold one or more active contracts with similarly situated government entities and Must offer NYS the same or better Percentage Discounts as those provided to these similarly situated government entities;

B. The active contract with similarly situated government entities Must have been executed within one year of the Bid Opening date of this Solicitation;

AND

C. The Bidder Must provide OGS ALL the following:

a) The specific costs, excluding profit, that increased and resulted in the Bidder offering NYS a lower Percentage Discount than on its previous NYS Centralized Contract

b) The percent that the cost increased, and

c) The time period this occurred, in the format of a beginning month and year (e.g. June 2019) and an ending month and year (e.g. October 2020)

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If the pricing structure on Bidder’s active contract with similarly situated government entities or pricing offered to best customers is not a Percentage Discount (discounted from List Price), but instead a different type of pricing structure (e.g.