Amended IFB#1925 PA25019 Calsoft.pdf

Division of Correctional Industries, 550 Broadway, Albany, NY 12204-2802 │ (518) 436-6321 │(800) 436-6321│ www.corcraft.gov

INVITATION FOR BIDS

IMPORTANT: SEE “NOTICE TO BIDDERS” CLAUSES ON PAGE 9

BIDS MUST BE SENT TO THE ABOVE ADDRESS ONLY

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

BID OPENING

DATE: September 16, 2025

TIME: 2:00 PM

TITLE:

CALSOFT L-40 – WASHINGTON CFI

INVITATION FOR BIDS NUMBER:

#1925

SPECIFICATION REFERENCE:

As Incorporated Herein

CONTRACT PERIOD:

October 1, 2025, through

September 30, 2028, (with renewal options)

ADDRESS INQUIRIES TO:

Melissa Jones, Contract Management Specialist I

E-mail address: Corcraft.ProcurementServices@doccs.ny.gov

The bid must be fully and properly executed by an authorized person. By signing you certify your express authority to sign on behalf of yourself, your company, or other entity and full knowledge and acceptance of this INVITATION FOR BIDS, Appendix A (Standard Clauses For New York State Contracts), Appendix B (General Specifications), and Chapter 1 of the Laws of 2005 (Procurement Lobbying Act), and that all information provided is complete, true and accurate. By signing, bidder affirms that it understands and agrees to comply with the OGS procedures relative to permissible contacts as required by State Finance Law §139-j (3) and §139-j (6) (b). Information may be accessed at:

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

Bidders are requested to retain Appendix A and Appendix B for future reference.

Bidder's Federal Tax Identification No.:

(Do Not Use Social Security Number)

NYS Vendor Identification Number:

(See ”New York Vendor File Registration Clause”)

If applicable, place an “x” in the appropriate box NYS Small Business NYS Certified SDVOB

(check all that apply): ____ # Employees Business

NYS Certified Minority NYS Certified Women Owned Business Owned Business

Legal Business Name of Company Bidding:

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

Street City State Zip County

Cash Discounts will not be considered in determining low bid, but cash discounts of any size may be considered in awarding tie bids.

__________________% Cash Discount for payment within 15 days of delivery and/or receipt of voucher

__________________% Cash Discount for payment within 30 days of delivery and/or receipt of voucher

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

WE ARE UNABLE TO BID AT THIS TIME BECAUSE___________________________________________________.

Bidder’s Signature (electronic signature is not acceptable):

Title:

Printed or Typed Name:

Date:

E-mail Address: Company Web Site:

mailto:Corcraft.ProcurementServices@doccs.ny.gov https://ogs.ny.gov/acpl

TITLE: IFB# 1925 CALSOFT L-40 PAGE 2

WASHINGTON CFI

RESPONSE TO

INVITATION FOR BIDS #1925

NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION

To respond to this IFB, you must complete all the documents that are contained in this package, signing each individual document as required. Attach any other pertinent information that responds to the information requested in the IFB and return the documents by the due date that is stated on the cover of the IFB:

Submit one (1) copy of each of the following documents:

Check

Box

Checklist Item

(envelope containing documents must be labeled “IFB #1925/Do Not Open Until B/O Date 9/16/25”)

Bid Submission Checklist (this form)

IFB Cover Page, which shall include:

✓ Bidder's Federal Tax Identification Number

✓ NYS Vendor Identification Number

✓ Bidder's Signature

Bid Price Page(s) (page 6)

Signed copies of any addenda released for this solicitation.

Use of Service-Disabled Veteran-Owned Business Enterprise in Contract Performance (page 20)

Encouraging Use of NYS Businesses in Contract Performance (page 21)

Vendor Responsibility Questionnaire (see page 15)

Online Questionnaire Certified Date:__________________

OR

Paper Questionnaire Submission

Certificate of Insurance (see page 26-30 for insurance types and policy limits)

Proof of Compliance with NYS Workers’ Compensation Coverage Requirements (only the following forms are acceptable: C-

105.2, SI-12, U-26.3, GSI-105.2 or CE-200) (see page 30)

Proof of Compliance with NYS Disability Benefits Coverage Requirements (only the following forms are acceptable: DB-120.1, DB-120.2, DB-155 or CE-200) (see page 30)

Bidder Questions (See Notes to Bidders) (pages 33-38

Manufacturer’s Certificate(s) (Per Each Manufacturer as Required) (page 39)

EO 177 Certification

SFL 139-I Certification (Sexual Harassment Prevention) (page 41)

Bidder Compliance & Understanding of SFL 139-j and 139-k (page 42)

Tax and Finance Form ST-220-CA (page 16)

(NOTE: Form ST-220-TD is filed directly with NYS Department of Tax & Finance)

DOCCS M/WBE – EEO Policy Statement (at the end of IFB document)

EEO Staffing Plan (at the end of IFB document)

M/WBE Utilization Plan (Form 100) (at the end of IFB document)

Complete literature and specifications for all items offered.

Submit two (2) copies of each of the following documents:

Manufacturer’s latest price list/schedule or published catalog prices (either print, CD or both)

Latest catalog(s) (either print, CD or both) to be used within the resulting contract.

Signature: Date:

Print Name: Name of Company:

NOTE: Bidder is REQUIRED to submit samples pursuant to the “SAMPLES” clause on Page 31.

TITLE: IFB# 1925 CALSOFT L-40 PAGE 3

DETAILED SPECIFICATIONS

SCOPE:

This is a surfactant that is used in Liquid Laundry Detergent that meets appropriate Green Seal/ Ecologo standards for industrial and institutional cleaners. The finished product will be manufactured at Washington Correctional Facility, Division of Industries, Soap Shop, Comstock, New York 12821. The formulations must be made utilizing existing equipment in the Soap Shop.

DESCRIPTION OF FINISHED PRODUCTS:

The finished products must be formulated to effectively clean as intended by Green Seal/Ecologo. They shall be a environmentally responsible product meeting the guidelines as promoted by Green Seal/Ecologo and each shall be a formulation that is Green Seal and/or Ecologo approved (reference https://greencleaning.ny.gov/Docs/GreenGuidelinesfinal_2010.pdf).

*REQUIREMENT OF FINISHED PRODUCTS MANUFACTURED BY WASHINGTON:

Product - ITEM Number

CALSOFT L-40 – CORCRAFT ITEM #EL042

*MAKE AND MODEL REFERENCE: Pilot Chemical Company - CALSOFT ® L-40

*MAKE AND MODEL REFERENCE: The referenced Detailed Specifications listed are for description only and not intended to be restrictive. A comparable product will be considered. Offering shall be equal to the referenced products as listed above by item number.

PROPERTIES FOR ITEM:

• Color: a light-yellow clear liquid

• Solids (40%)

• Total Sulfonate: (40%)

• pH (7-8)

• Viscosity (cps @25ºC) - >300 - <1,300

• Foam Height: 141-134

• Liquid Density: (lbs./gal. @ 25ºC) (9lbs. Per Gallon)

• Solubility in Water: Miscible

SDS LEVEL:

• Health: 3

• Flammability: 1

• Physical Hazard: 0

PRICE SHALL ALSO INCLUDE THE FOLLOWING:

1. Chemical raw materials (i.e. ingredients), excluding water (diluent) as one of the ingredients.

2. Contractor to provide manufacturing / technical support and hands on instruction to facility staff in the manufacture of the finished product as required.

3. Assist in the development of SDS and labeling for the finished products, as well as educational materials to be specifically designed for use by the end user (janitorial staff etc).

4. Periodically test the finished product manufactured at the facility (free of charge) for compliance with appropriate standards.

5. Contractor will be responsible for any future changes made to the standards by Green Seal and will ensure product continually meets said standards for the duration of the contract.

6. Sales support; may be required to annually work out a marketing and sales plan for Corcraft in cooperation with Corcraft Sales Management; conduct sales meeting to introduce the product line to the Corcraft organization; and provide sales tools and samples throughout the contract as requested.

7. Shall provide the following compliance training to Corcraft for new customers; OSHA Required – Right to

Know Training, including information and training on the proper handling and use of these materials;

HAZCOM training; PPE; MSDS, and all other OSHA required elements; professional multimedia type training materials shall be deemed acceptable.

https://greencleaning.ny.gov/Docs/GreenGuidelinesfinal_2010.pdf

TITLE: IFB# 1925 CALSOFT L-40 PAGE 4

DETAILED SPECIFICATIONS (continued)

PRICE ADJUSTMENT:

The prices set forth in this contract shall be adjusted every three (3) months following the first three (3) months of the contract in accordance with the provisions of this clause. There shall be no price adjustment during the first three (3) months of the contract.

The prices shall be adjusted on the basis of the “Producer Price Index (PPI),” Series ID: WPU06, Chemicals and Allied

Products, as published by the U.S. Department of Labor, Bureau of Labor Statistics. It is available for viewing at www.bls.gov

For all items listed in this Invitation for Bids, a price adjustment (either upward or downward) will be enacted as follows:

A base index shall be established for the first three (3) months of the contract by averaging the prior twelve (12) months ending January, which is 3 months prior to the beginning month of the contract. An adjusted index shall be established by averaging the 12 months ending 3 months prior to the beginning month of the adjustment period.

NOTE: The adjusted index will then become the base index for the next price adjustment period. Each succeeding three-month period will follow this format. The average adjusted index is then compared with the base index, and the resulting percentage of increase or decrease shall be applied to the contract prices.

The Division of Industries will notify the facility and contractors by way of a Purchasing Memorandum of these price changes. Payment price will be for the period in which the order is received.

METHOD OF AWARD:

The winning bid will be determined by the lowest cost per pound.

MINIMUM ORDER:

Minimum of (4) four 55-Gallon drums per skid on a 48x40 pallet or a 265-Gallon tote.

MAKE AND MODEL REFERENCE:

The referenced detailed specifications listed are for description only and not intended to be restrictive. A comparable product will be considered. Offering shall be equal to those products as noted above, by Item.

PLEASE NOTE: Bidder pricing is by drum; a tote price may be offered as an option.

CERTIFICATE OF ANALYSIS: The contractor must submit with each delivery an appropriate Certificate of Analysis indicating that the material(s) supplied are consistent with the detailed specifications as set forth in contract. For this commodity group Certificates of Analysis must contain, at a minimum, the percent of Alkali, the percentage of Sodium

Chloride and the percentage of water in the raw material. Samples with Certificate of Analysis must be provided, if requested, prior to award.

SAMPLES: Samples are required to be submitted, along with a Certificate of Analysis. Samples not received within the required timeframe will result in the rejection of bid. Please refer to the samples clause on pages 31.

http://www.bls.gov/

TITLE: IFB# 1925 CALSOFT L-40 PAGE 5

DETAILED SPECIFICATIONS (continued)

RESTRICTED DELIVERY:

Delivery time shall be from 7:00 am – 2:00 pm, Monday through Friday, except holidays. Material shall be shipped in tractor trailers not exceeding 13’6” in height. Tailgate Delivery/Forklift Available. 24-hour notice is required prior to delivery; contact Sarah Narkiewicz at 518-639-5516, ext. 2300.

GUARANTEED DELIVERY:

Guaranteed Delivery is 14 days or less A/R/O. Items required herein are considered by the State as on-going needs and shall be guaranteed by the resulting contractor for delivery fourteen (14) days or less after receipt of purchase order.

Accordingly, bidder deviation from this delivery time frame may be considered sufficient grounds for automatic bid rejection due to client’s need to operate in a just-in-time manner.

SHIPPING:

Product is to be in Drums, covered, secured, and shipped on 48x40 pallets. (4) Drums per pallet (ordered in multiples of four (4). A Certificate of Analysis is to accompany each drum or tote.

PRODUCT DELIVERY:

In addition to the provisions of paragraph 31 of Appendix B, it shall be understood that with respect to contract deliveries, time is of the essence. Delivery must be made as ordered and in accordance with the terms of the contract. The

Contractor shall make delivery within the terms and conditions of the contract after the receipt of a purchase order. The decision of Corcraft as to compliance with delivery terms shall be final. The burden of proof for delay in receipt of

Purchase Order shall rest with the Contractor.

In all instances of a potential or actual delay in delivery, the Contractor shall immediately notify the NYS Department of

Correctional Services, Division of Industries and the Authorized User, and confirm in writing the explanation of the delay, and take appropriate action to avoid any subsequent late deliveries. Any extension of the time for delivery must be requested in writing by the Contractor and approved in writing by NYS Department of Corrections & Community

Supervision, Division of Industries. Failure to meet such time schedule may be grounds for cancellation of the order or, in the NYS Department of Corrections & Community Supervision, Division of Industries discretion, termination of the Contract. Failure to meet such time schedule may also subject the Contractor to liquidated damages at the discretion of the State or Authorized User. Liquidated damages shall be calculated as one (1) percent of the total outstanding order per day until the entire order is received in accordance with the terms of the contract. Liquidated damages shall be deducted or offset by the State or Authorized User from payments due, or to become due, the Contractor on the same or another transaction.

TITLE: IFB# 1925 CALSOFT L-40 PAGE 6

PLEASE USE BLACK INK OR TYPEWRITER WHEN

PREPARING YOUR BID. BE SURE YOU HAVE

INSERTED YOUR COMPANY’S NAME IN THE BOX

Bidder

DELIVERY TO:

F.O.B. WashingtonCorrectional Facility

Division of Industries, Soap Shop

72 Lock 11 Lane

Comstock, NY 12821

Est.

Item Description 1-Year Qty Pound Total Price

No. CALSOFT L-40

1. AS PER "DETAILED SPECS" 65,340 LBS $ _________/lb. $ __________________

PRODUCT NAME: ______________________________________

Manufacturer: ______________________________________

Product Number: ______________________________________

Can you meet the 14-Day Guarantted Delivery A/R/O: YES ______ NO ______

If NO, Guaranteed Delviery: ______________ CALENDAR DAYS A/R/O

Minimum Order: ______________________________________

SAMPLES (Must Check One):

Samples: ______Enclosed with bid #1925______

______Will be sent to arrive COB on 9/15/2025

No alteration, erasure or addition is to be made on this page. If your bid differs from the specifications, attach a separate sheet and if necessary explain such deviation(s) or qualification(s).

TITLE: IFB# 1925 CALSOFT L-40 PAGE 7

INQUIRIES/ISSUING OFFICE:

All inquiries concerning this specification are due by 9/2/2025 and will be addressed to the following Corcraft designated contact(s) and issuing office:

PRIMARY CONTACT:

Melissa Jones, Contract Manager Specialist I

NYS Department of Corrections and Community Supervision

Division of Industries

550 Broadway

Albany, New York 12204

E-Mail: Corcraft.ProcurementServices@doccs.ny.gov

OR

SECONDARY CONTACTS:

Carl Bodnar, Purchasing Supervisor Norman Carr Jr., Industrial Superintendent

NYS Department of Corrections NYS Department of Corrections and Community Supervision and Community Supervision

Division of Industries Washington Correctional Facility

550 Broadway Division of Industries (Corcraft)

Albany, New York 12204 Comstock, NY 12821

E-mail: Corcraft.ProcurementServices@doccs.ny.gov Email: Corcraft.ProcurementServices@doccs.ny.gov

All questions should be submitted in writing by email to Corcraft.ProcurementServices@doccs.ny.gov, citing the particular bid section and paragraph number. Prospective Bidders should note that all clarifications and exceptions including those relating to the terms and conditions of the contract are to be resolved prior to the submission of a bid.

Answers to all questions of a substantive nature will be given to all Prospective Bidders in the form of a formal addendum which will become part of the ensuing contract.

Contacting anyone else other than designated herein may result in rejection of bid. See details under the

“Procurement Lobbying Act” clause on Page 23 of this bid.

TITLE: IFB# 1925 CALSOFT L-40 PAGE 8

New York State

Division of Correctional Industries

NON-BID RESPONSE FORM

A required activity of the IFB process is the compiling of a Bid Tabulation. Ideally, this tabulation should incorporate not only those proposals submitted but also feedback from vendors receiving the IFB to determine why proposals were not submitted. Your cooperation in completing this form is requested should your company/agency decide not to respond to the below identified IFB. Please forward your response to:

Melissa Jones, Contract Management Specialist I

New York State Division of Correctional Industries

550 Broadway

Albany, New York 12204-2802

Company name:

Address:

City, State, Zip:

Telephone:

IFB Number: 1925

IFB Title: CALSOFT L-40

My company/agency did not bid on the above identified IFB but please leave our company/agency on your bidder’s list.

My company/agency did not bid on the above identified IFB and we wish to be excluded from your bidder’s list for future RFP considerations.

REASONS FOR NOT SUBMITTING A BID

Work or service requested not performed by the company. Please indicate your organization’s type of work or service performed:

Bid request received too late. Insufficient time to plan, estimate and submit a bid.

Too busy to consider bidding on this contract.

Unable to meet specifications/other considerations in this proposal.

Specifications in the IFB were unclear.

Unwilling to accept liability or responsibility for damages.

Unable to meet insurance requirements.

Unable to bid on all components (i.e., all locations).

Reluctant to contract with the State because of the many standard requirements.

Previous unfavorable experience with state contracts/work. Please explain:

Other (specify):

Name Title

Signature

Date

TITLE: IFB# 1925 CALSOFT L-40 PAGE 9

GENERAL INFORMATION

IMPORTANT NOTICE TO POTENTIAL BIDDERS: Receipt of these bid documents does not indicate that the NYS

Department of Corrections and Community Supervision, Division of Industries, has pre-determined your company's qualifications to receive a contract award. Such determination will be made after the bid opening and will be based on our evaluation of your bid submission compared to the specific requirements and qualifications contained in these bid documents.

NOTICE TO BIDDERS:

The Commissioner of Correctional Services will receive bids pursuant to the provisions of Article XI of the State Finance Law or the provisions of the State Printing and Public Documents Law. The following procedures shall be used for bid submittals:

1. BID PREPARATION

Prepare your bid on this form using indelible ink. Print the name of your company on each page of the bid in the block provided. One copy of the bid is required, unless otherwise specified herein. Bids must be complete and legible. All Bids must be signed. All information required by the Bid Specifications must be supplied by the Bidder on the forms or in the format specified. No alteration, erasure or addition is to be made to the Bid Documents. Changes may be ignored by the Commissioner or may be grounds for rejection of the Bid. Changes, corrections and/or use of white-out in the Bid or

Bidder’s response portion of the Bid Document must be initialed by an authorized representative of the Bidder. Bidders are cautioned to verify their Bids before submission, as amendments to Bids or requests for withdrawal of Bids received by the

Commissioner after the time specified for the Bid opening, may not be considered.

2. BID DEVIATIONS

If your bid differs from the specifications explain such deviation(s) or qualification(s); and if necessary, attach a separate sheet. Bids must conform to the terms set forth in the Bid Documents, as extraneous terms or material deviations (including additional, inconsistent, conflicting or alternative terms) may render the Bid non-responsive and may result in rejection of the Bid.

3. BID SUBMISSION

When submitting your bid, only the following pages of this solicitation are required: the Cover Page and all pages from your bid prices through the end of all bidder questions and required certifications. You are NOT required to submit the bid pages containing the general information, detailed specifications, Appendix A to this office. You may keep all those pages for your own reference.

4. BID DELIVERY

Bidders assume all risks for timely, properly submitted deliveries. Bidders are strongly encouraged to arrange for delivery of bids to Correctional Services, Division of Industries prior to the date of the bid opening. E-mail or fax bid submissions are not acceptable and will not be considered.

• Bid envelopes

An envelope containing a bid should be marked "BID ENCLOSED" and state the Bid Number, Bid Opening Date, and Time on the envelope containing the sealed bid. Failure to complete all information on the bid envelope may necessitate the premature opening of the bid and may compromise confidentiality. In the event that a Bidder fails to provide such information on the return Bid envelope or shipping material, the receiving entity reserves the right to open the shipping package or envelope to determine the proper Bid number or Product group, and the date and time of Bid opening. Bidder shall have no claim against the receiving entity arising from such opening and such opening shall not affect the validity of the Bid or the procurement.

Notwithstanding the receiving agency’s right to open a Bid to ascertain the foregoing information, Bidder assumes all risk of late delivery associated with the Bid not being identified, packaged or labeled in accordance with the foregoing requirements.

Bids shall be delivered to:

NYS Department of Corrections and Community Supervision

Division of Industries

550 Broadway

Albany, NY 12204

Vendor Unless otherwise specified herein, facsimile Bid submissions are NOT acceptable and will not be considered.

TITLE: IFB# 1925 CALSOFT L-40 PAGE 10

GENERAL INFORMATION (Cont’d)

NOTICE TO BIDDERS: (Cont’d)

4. BID DELIVERY (continued)

• Hand deliveries

Bidders assume all risks for timely, properly submitted deliveries.

Any Bid received at the specified location after the time specified will be considered a late Bid. A late Bid shall not be considered for award unless: (i) no timely Bids meeting the requirements of the Bid Documents are received or, (ii) in the case of a multiple award, an insufficient number of timely Bids were received to satisfy the multiple award; and acceptance of the late Bid is in the best interests of the Authorized Users. Bids submitted for continuous or periodic recruitment contract awards must meet the submission requirements associated with their specifications. Delays in

United States mail deliveries or any other means of transmittal, including couriers or agents of the Authorized User shall not excuse late Bid submissions. Similar types of delays, including but not limited to, bad weather, or security procedures for parking and building admittance shall not excuse late Bid submissions. Determinations relative to Bid timeliness shall be at the sole discretion of the Commissioner.

CONFIDENTIAL/TRADE SECRET MATERIALS:

a. Contractor

Confidential, trade secret or proprietary materials as defined by the laws of the State of New York must be clearly marked and identified as such upon submission by the Bidder. Marking the Bid as “confidential” or “proprietary” on its face or in the document header or footer shall not be considered by the Commissioner or Authorized User to be sufficient without specific justification as to why disclosure of particular information in the Bid would cause substantial injury to the competitive position of the Bidder. Bidders/Contractors intending to seek an exemption from disclosure of these materials under the Freedom of Information Law must request the exemption in writing, setting forth the reasons for the claimed exemption. Acceptance of the claimed materials does not constitute a determination on the exemption request, which determination will be made in accordance with statutory procedures. Properly identified information that has been designated confidential, trade secret, or proprietary by the Bidder will not be disclosed except as may be required by the Freedom of

Information Law or other applicable State and federal laws.

b. Commissioner or Authorized User

Contractor further warrants, covenants and represents that any confidential information obtained by Contractor, its agents, Subcontractors, officers, distributors, resellers or employees in the course of performing its obligations, including without limitation, security procedures, business operations information, or commercial proprietary information in the possession of the State or any Authorized User hereunder or received from another third party, will not be divulged to any third parties.

Contractor shall not be required to keep confidential any such material that is publicly available through no fault of

Contractor, independently developed by Contractor without reliance on confidential information of the Authorized User, or otherwise obtained under the Freedom of Information Act or other applicable New York State laws and regulations. This warranty shall survive termination of this Contract. Contractor further agrees to take appropriate steps as to its agents, Subcontractors, officers, distributors, resellers or employees regarding the obligations arising under this clause to insure such confidentiality.

RELEASE OF BID EVALUATION/MATERIAL:

Requests concerning the evaluation of Bids may be submitted under the Freedom of Information Law. Information, other than statistical or factual tabulations or data such as the Bid Tabulation, shall only be released as required by law after Contract award. Bid

Tabulations are not maintained for all procurements. Names of Bidders may be disclosed after Bid opening upon request. Written requests should be directed to the Commissioner.

TITLE: IFB# 1925 CALSOFT L-40 PAGE 11

FREEDOM OF INFORMATION LAW:

During the evaluation process, the content of each Bid will be held in confidence and details of any Bid will not be revealed

(except as may be required under the Freedom of Information Law or other State law). The Freedom of Information Law provides for an exemption from disclosure for trade secrets or information the disclosure of which would cause injury to the competitive position of commercial enterprises. This exception would be effective both during and after the evaluation process. If the Bid contains any such trade secret or other confidential or proprietary information, it must be accompanied in the Bid with a written request to the

Commissioner to not disclose such information. Such request must state with particularity the reasons why the information should not be available for disclosure and must be provided at the time of submission of the Bid. Notations in the header, footer or watermark of the Bid Document will not be considered sufficient to constitute a request for non-disclosure of trade secret or other confidential or proprietary information. Where a Freedom of Information request is made for trademark or other confidential or proprietary information, the Commissioner reserves the right to determine upon written notice to the Bidder whether such information qualifies for the exemption for disclosure under the law. Notwithstanding the above, where a Bid tabulation is prepared and Bids publicly opened, such Bid tabulation shall be available upon request.

TAXES:

a. Unless otherwise specified in the Bid Specifications or Contract, the quoted Bid price includes all taxes applicable to the transaction.

b. Purchases made by the State of New York and certain non-State Authorized Users are exempt from New York State and local sales taxes and, with certain exceptions, federal excise taxes. To satisfy the requirements of the New York State Sales tax exemption, either the Purchase Order issued by a State Agency or the invoice forwarded to authorize payment for such purchases will be sufficient evidence that the sale by the Contractor was made to the State, an exempt organization under

Section 1116 (a) (1) of the Tax Law. Non-State Authorized Users must offer their own proof of exemption upon request.

No person, firm or corporation is, however, exempt from paying the State Truck Mileage and Unemployment Insurance or

Federal Social Security taxes, which remain the sole responsibility of the Bidder/Contractor.

c. Pursuant to Revised Tax Law 5-a, Contractor will be required to furnish sales tax certification on its behalf and for its affiliates, and subcontractors for Contracts with a value greater than $100,000 in accordance with provisions of the law.

d. Purchases by Authorized Users other than the State of New York may be subject to certain taxes which were not included the Bid price, and in those instances the tax should be computed based on the Contract price and added to the invoice submitted to such entity for payment.

EXPENSES PRIOR TO CONTRACT EXECUTION:

The Commissioner and any Authorized User(s) are not liable for any costs incurred by a Vendor, Bidder or Contractor in the preparation and production of a Bid, Mini-Bid or best and final offers or for any work performed prior to Contract execution.

ADVERTISING RESULTS:

The prior written approval of the Commissioner is required in order for results of the Bid to be used by the Contractor as part of any commercial advertising. The Contractor shall also obtain the prior written approval of the Commissioner relative to the Bid or

Contract for press or other media releases.

PRODUCT REFERENCES:

a. “Or Equal” In all Bid Specifications the words “or equal” are understood to apply where a copyrighted, brand name, trade name, catalog reference, or patented Product is referenced. References to such specific Product are intended as descriptive, not restrictive, unless otherwise stated. Comparable Product will be considered if proof of compatibility is provided, including appropriate catalog excerpts, descriptive literature, specifications and test data, etc. The Commissioner’s decision as to acceptance of the Product as equal shall be final.

b. Discrepancies in References In the event of a discrepancy between the model number referenced in the Bid Specifications and the written description of the Products which cannot be reconciled, with respect to such discrepancy, then the written description shall prevail.

TITLE: IFB# 1925 CALSOFT L-40 PAGE 12

PRICING:

a. Unit Pricing If required by the Bid Specifications, the Bidder should insert the price per unit specified and the price extensions in decimals, not to exceed three places for each item unless otherwise specified, in the Bid. In the event of a discrepancy between the unit price and the extension, the unit price shall govern unless, in the sole judgment of the

Commissioner, such unit pricing is obviously erroneous.

b. Net Pricing Unless otherwise required by the Bid Specifications, prices shall be net, including transportation, customs, tariff, delivery and other charges fully prepaid by the Contractor to the destination(s) indicated in the Bid Specifications, subject to the cash discount.

c. “No Charge” Bid When Bids are requested on a number of Products as a Group or Lot, a Bidder desiring to Bid “no charge” on a Product in the Group or Lot must clearly indicate such. Otherwise, such Bid may be considered incomplete and be rejected, in whole or in part, at the discretion of the Commissioner.

d. Best and Final Prices As specified in the Bid Documents and Contract, a Contractor may be solicited at the time of issuance of a Purchase Order or Mini-Bid award for best and final pricing for the Product or service to be delivered to the Authorized

User. Contractors are encouraged to reduce their pricing upon receipt of such request.

DRAWINGS:

a. Drawings Submitted With Bid When the Bid Specifications require the Bidder to furnish drawings and/or plans, such drawings and/or plans shall conform to the mandates of the Bid Documents and shall, when approved by the Commissioner, be considered a part of the Bid and of any resulting Contract. All symbols and other representations appearing on the drawings shall be considered a part of the drawing.

b. Drawings Submitted During the Contract Term Where required to develop, maintain and deliver diagrams or other technical schematics regarding the scope of work, Contractor shall do so on an ongoing basis at no additional charge, and must, as a condition of payment, update drawings and plans during the Contract term to reflect additions, alterations, and deletions.

Such drawings and diagrams shall be delivered to the Authorized User’s representative.

c. Accuracy of Drawings Submitted All drawings shall be neat and professional in manner and shall be clearly labeled as to locations and type of product, connections and components. Drawings and diagrams are to be in compliance with accepted drafting standards. Acceptance or approval of such plans shall not relieve the Contractor from responsibility for design or other errors of any sort in the drawings or plans, or from its responsibility for performing as required, furnishing product, services or installation, or carrying out any other requirements of the intended scope of work.

BID EVALUATION:

The Commissioner reserves the right to accept or reject any and all Bids, or separable portions of offers, and waive technicalities, irregularities, and omissions if the Commissioner determines the best interests of the State will be served. The Commissioner, in his/her sole discretion, may accept or reject illegible, incomplete or vague Bids and his/her decision shall be final. A conditional or revocable Bid which clearly communicates the terms or limitations of acceptance may be considered, and Contract award may be made in compliance with the Bidder’s conditional or revocable terms in the offer.

CONDITIONAL BID:

Unless the Bid Specifications provides otherwise, a Bid is not rendered non-responsive if the Bidder specifies that the award will be accepted only on all or a specified group of items or Product included in the specification. It is understood that nothing herein shall be deemed to change or alter the method of award contained in the Bid Documents.

CLARIFICATIONS / REVISIONS:

Prior to award, the Commissioner reserves the right to seek clarifications, request Bid revisions, or to request any information deemed necessary for proper evaluation of Bids from all Bidders deemed to be eligible for Contract award. Failure to provide requested information may result in rejection of the Bid.

EQUIVALENT OR IDENTICAL BIDS:

In the event two offers are found to be substantially equivalent, price shall be the basis for determining the award recipient. If two or more Bidders submit substantially equivalent Bids as to pricing or other factors, the decision of the Commissioner to award a

Contract to one or more of such Bidders shall be final.

TITLE: IFB# 1925 CALSOFT L-40 PAGE 13

PERFORMANCE AND RESPONSIBILITY QUALIFICATIONS:

The Commissioner reserves the right to investigate or inspect at any time whether or not the Product, services, qualifications or facilities offered by the Bidder/Contractor meet the requirements set forth in the Bid Specifications/Contract or as set forth during

Contract negotiations. Contractor shall at all times during the Contract term remain responsible and responsive. A Bidder/Contractor must be prepared, if requested by the Commissioner, to present evidence of legal authority to do business in New York State, integrity, experience, ability, prior performance, organizational and financial capacity as well as where applicable, a statement as to supply, plant, machinery and capacity of the manufacturer or source for the production, distribution and servicing of the Product offered/Bid. If the

Commissioner determines that the conditions and terms of the Bid Documents, Bid Specifications or Contract are not complied with, or that items, services or Product proposed to be furnished do not meet the specified requirements, or that the legal authority, integrity experience, ability, prior performance, organization and financial capacity or facilities are not satisfactory, the Commissioner may reject such Bid or terminate the Contract.

DISQUALIFICATION FOR PAST PERFORMANCE AND FINDINGS OF NON-RESPONSIBILITY:

Bidder may be disqualified from receiving awards if Bidder, or anyone in Bidder’s employment, has previously failed to perform satisfactorily in connection with public Bidding or contracts or is deemed non-responsible.

QUANTITY CHANGES PRIOR TO AWARD:

The Commissioner reserves the right, at any time prior to the award of a specific quantity Contract, to alter in good faith the quantities listed in the Bid Specifications. In the event such right is exercised, the lowest responsible Bidder meeting Bid Specifications will be advised of the revised quantities and afforded an opportunity to extend or reduce its Bid price in relation to the changed quantities. Refusal by the low Bidder to so extend or reduce its Bid price may result in the rejection of its Bid and the award of such

Contract to the lowest responsible Bidder who accepts the revised qualifications.

NON-COLLUSIVE BIDDING CERTIFICATION (Reference: State Finance Law Section 139-d and Appendix A, Clause 7):

By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief:

(1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor;

(2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and

(3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not submit a bid for the purpose of restricting competition.

In the event that the bidder is unable to certify as stated above, the bidder shall provide a signed statement which sets forth in detail the reasons why the bidder is unable to furnish the certificate as required in accordance with State Finance law Section 139-d(1)(b).

SUMMARY OF POLICY AND PROHIBITIONS ON PROCUREMENT LOBBYING:

In reference to State Finance Law §§139-j and 139-k, this bid includes and imposes certain restrictions on communications between the Division of Industries and the bidder during the procurement process. The bidder is restricted from making contacts from the date of bid advertisement in the NYS Contract Reporter through final approval of the contract award by the Office of the State

Comptroller, with anyone other than designated Division of Industries staff, unless it is contact that is among certain statutory exceptions as per State Finance Law Section 139-j(3)(a). Designated staff is identified on the cover page of this Invitation for Bids.

Division of Industries employees are also required to obtain certain information when contacted during the “restricted period” and to make a determination of responsibility of the bidder pursuant to these two statutes. Certain findings of non-responsibility can result in rejection of the bid, and in the event of two findings within a four-year period, the bidder is debarred from obtaining future State contracts. Further information about these requirements can be found at https://ogs.ny.gov/acpl.

DISPUTE RESOLUTION POLICY:

It is the policy of the Division of Industries to provide vendors with an opportunity to administratively resolve disputes, complaints or inquiries related to bid solicitations or contract awards. Division of Industries encourages vendors to seek resolution of disputes through consultation with Industries staff. All such matters will be accorded impartial and timely consideration. Interested parties may also file formal written disputes.

https://ogs.ny.gov/acpl

TITLE: IFB# 1925 CALSOFT L-40 PAGE 14

DEBRIEFING:

A bidder will be accorded fair and equal treatment with respect to its opportunity for debriefing. Disclosure of the content of competing bids other than statistical tabulations of bids received in response to an IFB is prohibited prior to contract award. Prior to final contract award, the Division of Industries shall, upon request, provide a debriefing which would be limited to review of that bidder’s proposal or bid. Requests for a debriefing prior to final contract award by an unsuccessful bidder(s) must be addressed to the

Division of Industries in writing. The debriefing prior to final contract award must be requested in writing within 15 calendar days of notification that the bidder’s submission was unsuccessful.

ELECTRONIC PAYMENTS:

Payment for invoices submitted by the Contractor shall only be rendered electronically unless payment by paper check is expressly authorized by the Commissioner, in the Commissioner’s sole discretion, due to the extenuating circumstances. Such electronic payment shall be made in accordance with ordinary State procedures and practices. The contractor shall comply with the State

Comptroller’s procedures to authorize electric payments. Authorization forms are available at the State Comptroller’s website at http://osc.state.ny.us/vendors/epayments.htm, by email at ePayments@osc.state.ny.us, or by telephone at (518) 408-4672. Contractor acknowledges that it will not receive payment on any invoices submitted under this Contract if it does not comply with the State

Comptroller’s electronic payment procedures, except where the Commissioner has expressly authorized payment by paper check as set forth above.

APPENDIX A:

Appendix A, Standard Clauses For New York State Contracts, dated October 2023, attached hereto, is hereby expressly made a part of this Bid Document as fully as if set forth at length herein. Please retain this document for future reference.

APPENDIX B

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

APPENDIX B NOTES

The following Appendix B clauses are hereby modified for the purposes of this solicitation:

TIMEFRAME FOR OFFERS:

The Commissioner reserves the right to make awards within ninety (90) days after the date of the Bid. Bids must remain firm and cannot be withdrawn. Pursuant to Section 163(9)(e) of the State Finance Law and Section 2-205 of the Uniform Commercial Code when applicable, where an award is not made within the ninety (90) day period or other time specified as set forth in the Bid

Documents, the Bids shall remain firm until such later time as either a Contract is awarded or the Bidder delivers to the Commissioner written notice of the withdrawal of its Bid. Any Bid which expressly states therein that acceptance must be made within a shorter specified time, may at the sole discretion of the Commissioner, be accepted or rejected.

CONFLICT OF TERMS AND CONDITIONS:

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

a. Appendix A

b. This Invitation For Bids

c. Appendix B

d. Bidder’s Bid http://osc.state.ny.us/vendors/epayments.htm mailto:ePayments@osc.state.ny.us

TITLE: IFB# 1925 CALSOFT L-40 PAGE 15

NEW YORK STATE VENDOR FILE REGISTRATION:

Prior to being awarded a contract pursuant to this Solicitation, the Bidder(s) 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, unique New

York State ten-digit vendor identification numbers will be assigned to your company for usage on all future transactions with New

York State. Additionally, the Vendor File enables vendors 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, list the ten-digit vendor ID number on the first page of this bid document.

If the Bidder is not currently registered with the New York State Vendor File and is recommended for award, the Division of

Industries shall provide and request completion of the OSC Substitute W-9 Form. The Division of Industries shall initiate the vendor registration process for all Bidders recommended for contract award. Once the process is initiated, registrants will receive an email from OSC that includes the unique ten-digit vendor identification number assigned to the company and instructions on how to enroll in the online Vendor Self-Service application. For more information on the vendor file, please visit the following website:

http://www.osc.state.ny.us/vendors/index.htm.

NYS STANDARD VENDOR RESPONSIBILITY QUESTIONNAIRE:

Bidder agrees to fully and accurately complete the NYS Standard Vendor Responsibility Questionnaire (hereinafter the

“Questionnaire”). The Bidder acknowledges that the State’s execution of the Contract will be contingent upon the State’s determination that the Bidder is responsible, and that the State will be relying upon the Bidder’s responses to the Questionnaire in making that determination. The Bidder agrees that if it is found by the State that the Bidder’s responses to the Questionnaire were intentionally false or intentionally incomplete, on such finding, the Division of Industries may terminate the Contract by providing ten (10) days written notification to the Contractor. In no case shall such termination of the Contract by the State be deemed a breach thereof, nor shall the State be liable for any damages for lost profits or otherwise, which may be sustained by the Contractor as a result of such termination.

The NYS Department of Corrections and Community Supervision, Division of Industries recommends that vendors file the required Vendor Responsibility Questionnaire online via the New York State VendRep System.

To enroll in and use the New York State VendRep System, see the VendRep System Instructions available at http://www.osc.state.ny.us/vendrep/vendor_index.htm or go directly to the VendRep System online at https://onlineservices.osc.state.ny.us/Enrollment/login?0

Vendors must provide their New York State Vendor Identification Number when enrolling. To request assignment of a Vendor ID or for VendRep System assistance, contact the Office of the State Comptroller’s

Help Desk at 866-370-4672 or 518-408-4672 or by email at ITServiceDesk@osc.state.ny.us.

Vendors opting to complete and submit a paper questionnaire can obtain the appropriate questionnaire from the VendRep website www.osc.state.ny.us/vendrep or may contact the designated Division of Industries staff member whose name appears on the cover page of this Invitation for Bids or the Office of the State

Comptroller’s Help Desk for a copy of the paper form.

It is the sole responsibility of the resultant contractor, at any time throughout the contract period, to promptly notify the

VendRep System or the Division of Industries of any changes to its original responses in the questionnaire. Failure to do so may be sufficient cause for termination of the contract.

The contractor shall at all times during the Contract term remain responsible. The Contractor agrees, if requested by the NYS

DOCCS, Division of Industries (CORCRAFT), to present evidence of is continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organization and financial capacity.

CORCRAFT reserves the right to suspend any or all activities under this Contract, at any time, when CORCRAFT discovers information that calls into question the responsibility of the Contractor. In the event of such suspension, the Contractor will be given written notice outlining the particulars of the suspension order. Contract activity may resume at such time CORCRAFT issues a written notice authorizing a resumption of performance under the Contract.

http://www.osc.state.ny.us/vendors/index.htm http://www.osc.state.ny.us/vendrep/vendor_index.htm https://onlineservices.osc.state.ny.us/Enrollment/login?0 mailto:ciohelpdesk@osc.state.ny.us http://www.osc.state.ny.us/vendrep

TITLE: IFB# 1925 CALSOFT L-40 PAGE 16

NYS STANDARD VENDOR RESPONSIBILITY QUESTIONNAIRE (continued):

Upon written notice to the Contractor, and a reasonable opportunity to be heard with appropriate CORCRAFT officials or staff, the Contract may be terminated by the NYS DOCCS, Division of Industries (CORCRAFT) at the Contractor’s expense where the

Contractor is determined by CORCRAFT to be non-responsible. In such event, CORCRAFT may complete the contractual requirements in any manner deemed advisable and pursue available legal equitable remedies for breach.

TAX LAW § 5-A (Amended April 26, 2006):

Tax Law § 5-a, as amended on April 26, 2006, requires certain contractors who are awarded state contracts for commodities and/or services valued at more than $100,000 (over the full term of the contract,…