FINAL IFB 1092 PILLOW BATTING.pdf

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

INVITATION FOR BIDS

IMPORTANT: SEE “NOTICE TO BIDDERS” CLAUSES ON PAGES 7-8

BIDS MAY BE SENT TO THE ABOVE ADDRESS OR FAXED TO (518) 434-7434 ONLY

(E-Mail Bid Submissions Are NOT Acceptable)

BID OPENING

DATE: Friday, April 27, 2018

TIME: 2:00 PM

TITLE: Group 24001-Pillow Batting Eastern CFI

INVITATION FOR BIDS NUMBER:

SPECIFICATION REFERENCE:

As Incorporated Herein

CONTRACT PERIOD:

June 1, 2018 through May 31, 2020 with renewal options

ADDRESS INQUIRIES TO:

Rebecca Snyder, Contract Management Specialist I Telephone No. (518) 436-6321 ext. 2514 E-mail address: Rebecca.snyder@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: http://ogs.ny.gov/Aboutogs/regulations/defaultAdvisoryCouncil.html 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:

Title:

Printed or Typed Name:

Date:

Phone : ( ) - ext ( ) Fax : ( ) - ext ( )

Toll Free Phone : ( ) - ext ( ) Toll Free Fax : ( ) - ext ( )

E-mail Address: Company Web Site:

http://ogs.ny.gov/Aboutogs/regulations/defaultAdvisoryCouncil.html

GROUP NO. 24001 – Pillow Batting PAGE 2 Eastern CFI

RESPONSE TO

INVITATION FOR BIDS # 1092

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 #1092/Do Not O pen Until B/O Date 04/27/2018”) 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 4) Signed copies of any addenda released for this solicitation.

Use of Service-Disabled Veteran-Owned Business Enterprise in Contract Performance (page 18) Encouraging Use of NYS Businesses in Contract Performance (page 19) Vendor Responsibility Questionnaire (see page 14)

Online Questionnaire Certified Date:__________________

OR

Paper Questionnaire Submission

Certificate of Insurance (see pages 24 - 27 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 pages 27 - 28) Proof of Compliance with NYS Disability Benefits Coverage Requirements (only the following forms are acceptable: DB-120.1, DB-155 or CE-200) (see page 28) Bidder Questions (See Notes to Bidders) (pages 31 - 35) Manufacturer’s Certificate(s) (Per Each Manufacturer as Required) (page 36) Bidder Compliance & Understanding of SFL 139-j and 139-k (page 37)) Tax and Finance Form ST-220-CA (pages 44 - 45)

(NOTE: Form ST-220-TD, (pages 40 - 43), is filed directly with NYS Department of Tax & Finance) DOCCS M/WBE – EEO Policy Statement (located at the end of IFB document ) EEO Staffing Plan (located at the end of IFB document) Complete literature and specifications for all items offered.

Copy of Bidder’s California Technical Bulletin #117 certificate for all items offered.

Signature: Date:

Print Name: Name of Company:

NOTE: Bidder MAY BE REQUIRED to submit samples pursuant to the “SAMPLES TO BE SUBMITTED BY BIDDER/CONTRACTOR” clause on Page 28.

GROUP NO. 24001 – Pillow Batting PAGE 3

DETAILED SPECIFICATIONS

SCOPE: This specification will describe batting (fiberfill) required for use in the construction of pillows for high risk and public occupancy buildings.

PHYSICAL REQUIREMENTS:

Material Fabric: 100% dry fiber polyester (no slick or siliconized) Staple: Length: 2 inches Staple Denier: 4.5 - 10.0 Crimp: Shall have a minimum of 6 saw-tooth crimps per inch of staple.

Resiliency: Shall retain original shape will minimal thickness loss.

Batting Size:

16oz. Width shall be 18 inches wide (+/-5%) and 27 inches in length (+/-5%).

22oz. Width shall be 21 inches wide (+/-5%) and 27 inches in length (+/-5%).

Weight: Shall be both 16 ounces (-0/+2 oz.) and 22 ounces (-0/+2 oz.) as ordered by the facility. The weight shall be uniform.

Thickness: Thickness should be uniform across length and width.

CONSTRUCTION REQUIREMENTS:

All pillow batting shall be produced using new, unused currently standard product (raw material), odor free, hypoallergenic and shall not contain any volatile organic compounds (VOCs). The surface of the pillow shall be flat, uniform and without imperfections adversely impacting the appearance, function and durability.

FLAMMABILITY:

All pillow batting shall meet the standards of the California Technical Bulletin #117.

SAMPLES:

The bidder/contractor may be required to submit samples. Samples shall consist of 3 (three) pieces of 22 oz. and 3 (three) pieces of 16 oz.

When requested, samples MUST be submitted within five (5) business days of request. Approval of bid samples on basis of cursory test shall not relieve Contractor of responsibility of meeting all stated requirements of the specification, as regards product subsequently shipped to the Facility under the awarded contract. Division of Industries reserves the right to request additional samples at no cost to the State as required for evaluation.

PACKAGING:

Each batting shall be packaged individually in poly/plastic bags. Bagged battings will be packed in cardboard cartons measuring 21” x 21” x 26”, with 20 bags per carton. Cartons shall contain only one size of batting and shall be labeled with the purchase order number, size, quantity and lot number. Cartons shall meet industry standards to protect batting from damage or soiling during shipping and handling. No metal banding, bag closers or staples are allowed.

BIDDER'S NOTE:

Bidder shall submit with its bid a copy of the California Technical Bulleting #117 certificate.

MINIMUM ORDER:

Minimum order is 4,000 lbs. of either or both 16 oz. and/or 22 oz.

GROUP NO. 24001 – Pillow Batting PAGE 4

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. Eastern Correctional Facility Division of Industries 601 Berme Road, Napanoch, NY 12458

LOT I

ITEM: Furnish and deliver as described below and as per REFERENCE for 16 oz (units x 1.00 = annual lbs.)

Detailed Specifications incorporated herein. REFERENCE for 22 oz (units x 1.375 = annual lbs.)

Item Description Est. Annual Qty Price Unit Total No. Identification Units / Lbs. Per Oz Price Price

1. PILLOW BATTING; 16 oz. 25,000/ 25,000 lbs. $_______ $__________ $_________

2. PILLOW BATTING; 22 oz. 13,000/ 17,875 lbs. $_______ $__________ $_________

Product Identification 16 oz. _______________________

Product Identification 22 oz. _______________________

Grand Total Bid (Item Nos. 1& 2): $ _____________________________

Manufacturer: _______________________________

Manufacturer’s Plant Address: _______________________________

Can You Meet the 14-Day Guaranteed Delivery?* _____Yes ____No

If No, Guaranteed Delivery: _______Calendar Days A/R/O

*Bidder failure to comply with this standard may be sufficient grounds for automatic bid rejection due to client need to operate in a just-in-time manner (See Delivery clause herein).

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).

GROUP NO. 24001 – Pillow Batting PAGE 5

INQUIRIES/ISSUING OFFICE:

All inquiries concerning this specification will be addressed to the following Corcraft designated contact(s) and issuing office:

PRIMARY CONTACT:

Rebecca Snyder, Contract Management Specialist I

NYS Department of Corrections and Community Supervision

Division of Industries 550 Broadway

Albany, New York 12204 Phone No.: (518) 436-6321, Ext. 2514

Fax No.: (518) 434-7434 E-Mail: Rebecca.snyder@doccs.ny.gov

OR

SECONDARY CONTACTS:

Kathleen Gallagher, Supervisor, CI Purchasing Thomas Torpey, Industrial Superintendent NYS Department of Corrections NYS Department of Corrections and Community Supervision and Community Supervision Division of Industries Eastern CF, Division of Industries 550 Broadway 601 Berme Road Albany, New York 12204 Napanoch, NY 12458 Phone No.: (518) 436-6321, Ext. 2510 Phone No.: (845) 647-7400, Ext. 2300 Fax No.: (518) 434-7434 Fax No.: (845) 647-9895 E-mail: Kathleen.gallagher@doccs.ny.gov Email: Thomas.torpey@doccs.ny.gov

All questions should be submitted in writing, 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 12 of this bid.

mailto:Kathleen.Gallagher@doccs.ny.gov

GROUP NO. 24001 – Pillow Batting PAGE 6

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:

Rebecca Snyder, Contact 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: 1092

IFB Title: Pillow Batting

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

GROUP NO. 24001 – Pillow Batting PAGE 7

GENERAL INFORMATION

IMPO RTANT NO TICE TO PO TENTIAL 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.

NO TICE 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 PREPARATIO N

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 DEVIATIO NS

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 SUBMISSIO N

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 NO T 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. LATE BIDS may be rejected. E-mail bid submissions are not acceptable and will not be considered.

• Bid envelopes

An envelope containing a bid should be marked "BID ENCLO SED" 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

GROUP NO. 24001 – Pillow Batting PAGE 8

GENERAL INFORMATION (Cont’d)

NO TICE TO BIDDERS: (Cont’d)

• FAX transmittals As allowed by this solicitation, fax transmittals shall be sent to: (518) 434-7434 ONLY.

Unless specifically prohibited by the terms of the Bid Specifications, facsimile Bids may be SUBMITTED AT THE SO LE O PTIO N AND RISK O F THE BIDDER. Only the FAX number(s) indicated in the Bid Specifications may be used. Access to the facsimile machine(s) is on a “first come, first serve” basis, and the Commissioner bears no liability or responsibility and makes no guarantee whatsoever with respect to the Bidder’s access to such equipment at any specific time. Bidders are solely responsible for submission and receipt of the entire facsimile Bid by the Authorized User prior to Bid opening and must include on the first page of the transmission the total number of pages transmitted in the facsimile, including the cover page. Incomplete, ambiguous or unreadable transmissions in whole or in part may be rejected at the sole discretion of the Commissioner. Facsimile Bids are fully governed by all conditions outlined in the Bid Documents and must be submitted on forms or in the format required in the Bid Specifications, including the executed signature page and acknowledgment.

• Authentication of Facsimile Bids

The act of submitting a Bid by facsimile transmission, including an executed signature page or as otherwise specified in the Bid Documents, shall be deemed a confirming act by Bidder which authenticates the signing of the Bid.

In addition, you only need to submit the pages described under the “Bid Submission” paragraph noted above.

• 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.

GROUP NO. 24001 – Pillow Batting PAGE 9

CO NFIDENTIAL/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 O F BID EVALUATIO N/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.

FREEDO M O F INFO RMATIO N 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.

GROUP NO. 24001 – Pillow Batting PAGE 10

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 PRIO R TO CO NTRACT EXECUTIO N:

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.

PRO DUCT REFERENC ES:

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.

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.

GROUP NO. 24001 – Pillow Batting PAGE 11

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 EVALUATIO N:

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.

CO NDITIO NAL 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.

CLARIFICATIO NS / REVISIO NS:

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.

EQ UIVALENT O R 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.

PERFO RMANCE AND RESPO NSIBILITY Q UALIFICATIO NS:

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 t imes 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 facilit ies are not satisfactory, the Commissioner may reject such Bid or terminate the Contract.

DISQ UALIFICATIO N FO R PAST PERFO RMANCE AND FINDINGS O F NO N-RESPO NSIBILITY:

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.

GROUP NO. 24001 – Pillow Batting PAGE 12

Q UANTITY CHANGES PRIO R 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.

NO N-CO LLUSIVE BIDDING CERTIFICATIO N:

(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 O F PO LICY AND PRO HIBITIO NS O N PRO CUREMENT LO BBYING:

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 http://www.ogs.ny.gov/aboutOgs/regulations/defaultAdvisoryCouncil.html.

DISPUTE RESO LUTIO N PO LICY:

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.

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.

After final contract award, the Division of Industries shall, upon request, provide a debriefing to any unsuccessful bidder that responded to the solicitation, regarding the reason that the proposal or bid submitted by such bidder was not selected for a contract award. Requests for post-award debriefing by an unsuccessful bidder(s) must be addressed to the Division of Industries in writing. The post-award debriefing should be requested in writing by the bidder within 30 calendar days of contract approval by OSC.

ELECTRO NIC PAYMENTS:

The Office of the State Comptroller (OSC) offers an "electronic payment" option in lieu of issuing checks. Contact OSC to obtain an information packet at 518-474-4032, or e-mail to epunit@osc.state.ny.us, or visit their website at http://www.osc.state.ny.us/epay/index.htm.

http://www.ogs.ny.gov/aboutOgs/regulations/defaultAdvisoryCouncil.html http://www.osc.state.ny.us/epay/index.htm

GROUP NO. 24001 – Pillow Batting PAGE 13

APPENDIX A:

Appendix A, Standard Clauses For New York State Contracts, dated January 2014, 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 NO TES:

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

TIMEFRAME FO R O FFERS:

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 t ime 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.

CO NFLICT O F TERMS AND CO NDITIO NS:

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

NEW YO RK STATE VENDO R FILE REGISTRATIO N:

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

If your company is not currently registered with the New York State Vendor File administered by the Office of the State Comptroller (OSC), please visit:(http://www.osc.state.ny.us/vendor_management/) for instructions on how to register.

Complete the OSC Substitute W-9 form (http://www.osc.state.ny.us/vendors/forms/ac3237_fe.pdf) and submit the form with your bid.

To request assignment of a Vendor ID to access the VendRep System in advance of submitting your bid, 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 .

http://www.osc.state.ny.us/vendor_management/ http://www.osc.state.ny.us/vendors/forms/ac3237_fe.pdf mailto:ITServiceDesk@osc.state.ny.us

GROUP NO. 24001 – Pillow Batting PAGE 14

NYS STANDARD VENDO R RESPO NSIBILITY Q UESTIO NNAIRE:

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://portal.osc.state.ny.us.

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 t imes 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.

Upon written notice to the Contractor, and a reasonable opportunity to be heard with appropriate Corcraft officials or staff, the Contract my 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.

http://www.osc.state.ny.us/vendrep/vendor_index.htm https://portal.osc.state.ny.us/ mailto:ciohelpdesk@osc.state.ny.us http://www.osc.state.ny.us/vendrep

GROUP NO. 24001 – Pillow Batting PAGE 15

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, excluding renewals) to certify to the Department of Taxation and Finance (DTF) they are registered to collect New York State (NYS) and local sales and compensating use taxes. The law applies to contracts where the total amount of the contractor’s sales delivered into NYS exceed $300,000 for the four quarterly periods immediately preceding the quarterly period when the certification is made; and with respect to any affiliates and subcontractors whose sales delivered into NYS also exceed $300,000 in the same manner as noted above for the contractor.

This law imposes upon certain contractors the obligation to certify whether or not the contractor, its affiliates, and its subcontractors are required to register to collect state sales and compensating use tax. The contractors must certify to DTF that each affiliate and subcontractor exceeding the sales threshold is registered with DTF to collect such State and local sales and compensating use taxes.

The law prohibits the Comptroller, or other approving agency, from approving a contract to a vendor who is not registered in accordance with the law.

There are two (2) Contractor certification forms, with instructions, attached to this bid. Form ST-220-TD is to be removed from this bid and submitted directly to DTF. Submission to DTF is a one-time occurrence. If you have already submitted this form to DTF for other bidding opportunities, you do not need to submit the form attached to this bid. If, however, any certification information changes, a new ST-220-TD must be filed with DTF. Form ST-220-CA must be completed and submitted with this bid. This form certifies to the procuring agency that the contractor has filed ST-220-TD with DTF in compliance with the law.

Bidders should complete and submit the certification forms within two business days of request (if the forms are not submitted to DTF and/or and returned with bid). Bidders shall take the necessary steps to provide properly certified forms within a timely manner to ensure compliance with the law, as failure to do so may render a bidder non-responsive and non-responsible.

Vendors may call DTF at 1-800-698-2909 for any and all questions relating to Tax Law § 5-a, and relating to a company's registration status with DTF. For additional information and frequently asked questions, please refer to the DTF web site: http://www.nystax.gov.

MERCURY-ADDED CO NSUMER PRO DUCTS:

Bidders are advised that effective January 1, 2005, Article 27, T itle 21 of the Environmental Conservation Law bans the sale or distribution free of charge of fever thermometers containing mercury (except by prescription written by a physician), and bans the sale or distribution free of charge of elemental mercury other than for medical pre-encapsulated dental amalgam, research, or manufacturing purposes due to the hazardous waste concerns of mercury. Further, effective July 12, 2005, manufacturers are now required to label mercury-added consumer products that are sold or offered for sale in New York State by a distributor or retailer. The label is intended to inform consumers of the presence of mercury in such products and of the proper disposal or recycling of mercury-added consumer products. Bidders are encouraged to contact the Department of Environmental Conservation, Bureau of Solid Waste, Reduction & Recycling at (518) 402-8705, or the Bureau of Hazardous Waste Regulation at 1-800-462-6553 with questions relating to the law. Bidders may also visit the Department’s website for additional information:

http://www.dec.state.ny.us/website/dshm/redrecy/c145home.html

INQ UIRIES/DESIGNATED CO NTACTS:

All inquiries concerning this bid solicitation shall be addressed to the designated Division of Industries staff member whose name appears on the cover page of this Invitation for Bids.

If the designated staff member is unavailable, the following Secondary Contact: Kathleen Gallagher,…