IFB # 1006 Vending Machines I-88 FINAL.pdf

New York State Office of Children and Family Services Commission for the Blind

Business Enterprise Program

INVITATION FOR BIDS (IFB)

Automatic Vending Machine Service

NYS DOT Rest Areas: “Unadilla” I-88 Eastbound between Exits 10 and 11, in the Town of Sidney, Delaware County AND “East Worcester” I-88 Westbound between Exits 20 and 19, in the Town of

Worcester, Otsego County

IFB# 1006

IFB Release Date:

2/13/2019

Bid Due Date:

3/8/2019 by 4:00 PM Eastern Time

Contents

I. Information for Prospective Bidders II. What is Required in the Bid Submission III. Contractual Requirements of the Successful Bidder (Contractor) IV. Selection Criteria V. Where to Submit the Bid Documents

Attachment #1: Bid Commitment Form Attachment #2: Bidder Identification Form Attachment #3: MacBride Fair Employment Principles Form Attachment #4: Vendor Responsibility Questionnaire Attachment #5: Procurement Lobbying Act – Offerer Certification Form Attachment #6: Non-Collusive Bidding Certification Form Attachment #7: Executive Order No. 177 Certification Form

Appendix A: Standard Clauses for all NY State Contracts Appendix A-1: Combined Standard Clauses for All NYS OCFS Contracts Appendix C: Modified Vending Machine Services Appendix D: Location/Product Information

Please note: Appendix A, A-1, C, and D are provided for contractor reference and are not required to be completed and submitted with your bid. These will be incorporated into the winning bidder’s executed contract.

NYS Office of Children and Family Services Commission for the Blind

Business Enterprise Program

INVITATION FOR BIDS (IFB)

For Automatic Vending Machine Service

IFB # 1006

Introduction

The New York State Office of Children and Family Services (OCFS), Commission for the Blind, hereinafter known as the Commission, as authorized under the Federal Randolph Sheppard Act of 1974, the New York State Unconsolidated Laws, Section 8714-a, the New York State Social Services Law, Sections 20 (3) (d) and 38, and the New York State Public Buildings Law, Section 3 (13), is soliciting bid proposals for automatic vending machine service for the purpose of providing income, benefits and services to legally blind New York State residents.

Current Contract and Gross Sales

The current contract to provide vending machine services for the New York State Department of Transportation (NYS DOT) Rest Areas I-88: “Unadilla” I-88 Eastbound between Exits 10 and 11, in the Town of Sidney, Delaware County AND “East Worcester” I-88 Westbound between Exits 20 and 19, in the Town of Worcester, Otsego County is contract XDS1211, which has a total contract value of $22,080.00 for the two (2) year term.

$20,035.70 in Total Gross Sales was reported for the NYS DOT Rest Areas I-88: “Unadilla” I-88 Eastbound between Exits 10 and 11, in the Town of Sidney, Delaware County AND “East Worcester” I-88 Westbound between Exits 20 and 19, in the Town of Worcester, Otsego County for the one (1) year period of 1/1/2018 – 12/31/2018.

The Total Gross Sales dollar amount provided herein was reported by the current vendor to NYSCB, for the period of time stated and is meant to be representative of Total Gross Sales generated by the NYS DOT Rest Areas I-88: “Unadilla” I-88 Eastbound between Exits 10 and 11, in the Town of Sidney, Delaware County AND “East Worcester” I-88 Westbound between Exits 20 and 19, in the Town of Worcester, Otsego County. This Total Gross Sales amount does not represent a commitment or guarantee that this location will generate any specific level of sales or revenue.

Calendar of Events

The table below outlines the schedule for important action dates.

EVENT DATE

Invitation for Bid (IFB) issued 2/13/2019

Deadline for Submission of Offeror Questions

2/22/2019 by 11:59 PM Eastern Time

Responses to Questions published (on or about)

2/27/2019

Bid Due Date/ Bid Opening Date 3/8/2019 by 4:00 PM Eastern Time

Anticipated Contract Date 5/1/2019

I. INFORMATION FOR PROSPECTIVE BIDDERS

1. Designated Contacts:

In compliance with the Procurement Lobbying Law, from the issuance of this Invitation for Bid (IFB) until contractors are selected, all contacts with the New York State Office of Children and Family Services (OCFS) personnel, except as otherwise specified herein, concerning this IFB must be made via email (preferred) or post to the following:

Attn: Bureau of Contract Management - RFP Unit IFB # 1006 Automatic Vending Machine Service 52 Washington Street, Room 202 South Rensselaer, NY 12144.

Or, email inquiries to RFP@ocfs.ny.gov. In both cases, please reference IFB # 1006.

2. Locations:

The Commission requires automatic vending machine service at the following location(s). For the purpose of this IFB, all addresses listed below shall constitute the locations:

NYS DOT Rest Areas: “Unadilla” I-88 Eastbound between Exits 10 and 11, in the Town of Sidney, Delaware County AND “East Worcester” I-88 Westbound between Exits 20 and 19, in the Town of Worcester, Otsego County

(See APPENDIX D, attached hereto, for details.)

3. Duration of Service

The Commission requires service at the above location for a five (5) year term anticipated to commence May 1, 2019, through to and ending on April 30, 2024. Service may be terminated earlier according to the terms of the agreement between the Commission and the Contractor.

4. Annual Sales

The Commission cannot independently verify sales figures. Population estimates are provided in Appendix D. Each bidder is expected to visit the location(s) to independently estimate the value of the business available. Contact persons for each location are listed in Appendix D.

5. Terms of Service

This contract, upon execution and for the duration of the contract term as described in Section I.3. “Duration of Service,” provides the Contractor exclusive rights to provide automatic vending machine service at the location(s) listed in Section I.2. “Locations.”

6. Product and Pricing

There will be no price cap requirement in the contract resulting from this IFB. The Contractor will be responsible for setting the prices for all of the products in the machines covered under the contract resulting from this IFB. The Commission reserves the right to review and approve pricing for all products.

mailto:RFP@ocfs.ny.gov

7. Cashless Sales

Vending machines must have cashless sales ability, accepting credit and debit cards, and should accept as many types of mobile payment as is feasible including, but not limited to:

Apple Pay, Android Pay, Google Wallet, PayPal, etc.

8. Equipment and Location

The Contractor will be required to install and maintain all equipment necessary to vend the products at each of the sites as listed in Appendix D.

The machines installed must meet all standards set in the Americans with Disabilities Act.

NOTE: Any additional vending machines and/or locations added to a contract, as a result of this IFB, will be limited to a net 25 percent increase in the number of original machines or four machines, whichever is greater.

9. Equipment Installation

All water and electrical outlets will be furnished by the location management (host agency) at no cost to the Contractor.

10. Questions

There will be an opportunity available for submission of written questions and requests for clarification with regard to this IFB. All questions and requests for clarification of this IFB should cite the particular IFB Section and paragraph number where applicable and must be submitted via e-mail (preferred) or by hard copy mail to the Designated Contact as indicated in Section I.1.

no later than the Deadline for Submission of Written Questions as specified in the Calendar of Events. Questions received after the deadline may not be answered.

NOTE: It is the Bidder’s responsibility to ensure that hard copy mail or e-mail containing written questions and/or requests for clarification is received at the above address no later than the Deadline for Submission of Offeror Questions as specified in the Calendar of Events section.

The comprehensive list of questions and responses will be posted to the New York State Contract Reporter website (http:///www.nyscr.ny.gov), OCFS website (http://ocfs.ny.gov/main/bcm/rfp.asp) and notice of such posting will be distributed by e-mail to all vendors known to OCFS. This listing will not include the identities of the vendors submitting the questions; those vendors will remain anonymous to the extent allowed by law.

II. CONTENTS OF BID SUBMISSION

1. Proposal Content

The following information is to be included in any bid submitted in response to this IFB:

A. Fee: The bidder must propose a fee to be paid in monthly installments to the Commission for the vending opportunity described in this solicitation for the five (5) year term of the service period. The Contractor will be contractually bound to pay this fee over the 60 months of the service agreement. A completed and signed bid commitment form must accompany the proposal (Attachment #1).

http://www.nyscr.ny.gov http://ocfs.ny.gov/main/bcm/rfp.asp

B. Cover Letter: The bidder should attach to the bid commitment form, a cover letter on company letterhead, transmitting the bid commitment form (Attachment #1) and including the information requested in C and D below.

C. Subcontractors: If your bid proposal is from a combination of companies, the company that submits the proposal on its letterhead will be responsible for payment of all fees to the Commission and for the delivery of satisfactory service. Your proposal should include the name of any other company or other entity that will provide any portion of the services under the resulting contract as a subcontractor.

D. Signature: The proposal must be signed and dated by an official of your company who is empowered to make financial commitments for your organization. Include name, title, company name, address, email address, telephone number, and fax number (if available) on Attachment #1.

2. Bidder Identification Form

Each proposal should be accompanied by a fully completed New York State OCFS Bidder Identification Form (Attachment #2).

3. MacBride Fair Employment Principles

Each proposal should be accompanied by a completed New York State “MacBride Fair Employment Principles” form (Attachment #3).

4. Vendor Responsibility Questionnaire

Each proposal with a bid amount valued over $100,000.00 should be accompanied by a completed New York State Vendor Responsibility Questionnaire (Attachment #4). If your bid proposal is from a combination of companies, it must be accompanied by a completed Vendor Responsibility Questionnaire from each subcontract valued over $100,000.

Enrolling and completing the questionnaire online through the New York State VendRep System is the best method because the questionnaire information and answers are stored in the system. Then, subsequent questionnaires in response to contracts or Requests for Proposals from any state agency, not just OCFS, would only need to be updated in the system.

To access or enroll in the VendRep System, or to update your existing online questionnaire click here: http://www.osc.state.ny.us/vendrep/vendor_index.htm. Questionnaires in the VendRep System that have been completed in the last six months in response to contracts or bid announcements from OCFS or other state agencies do not need to be updated.

Vendors must provide their New York State Vendor Identification Number when enrolling. To request assignment of a Vendor Identification Number or for direct VendRep System user assistance, the OSC Help Desk may be reached at 866-370-4672 or 518-408-4672 or by email at ciohelpdesk@osc.state.ny.us.

For vendors opting to use the VendRep System, a copy of the VendRep Form Overview Page that includes the certification date must be included with the proposal.

Vendors opting to complete a paper questionnaire can find the New York State Vendor Responsibility Questionnaire attached with this IFB (Attachment #4).

Note: All Vendor Responsibility Questionnaires must be dated within six (6) months of the proposal due date.

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

5. Procurement Lobbying Act - Offerer Certification Form

Each proposal should be accompanied by a completed “Procurement Lobbying Act – Offerer Certification Form” (Attachment #5).

6. Non-Collusive Bidding Certification Form

Each proposal should be accompanied by a completed “Non-Collusive Bidding Certification Form” (Attachment #6).

7. Executive Order 177 Certification Form

Each proposal should be accompanied by a completed “Executive Order 177 Certification Form” (Attachment #7).

III. CONTRACTUAL REQUIREMENTS OF THE SUCCESSFUL BIDDER (Contractor)

1. Payment

A. Fee: The Contractor must agree to pay the Commission or its designees(s) a fee, as described in Section II.1.A, above, on a monthly basis for the five-year duration of the service period and any extension thereof.

B. Monthly Payments: Monthly payments, as described in Section II.1.A, above must be paid by the Contractor to the Commission or it designee (s) on the start date of the service period and on the 15th of each month thereafter for the duration of the service period.

2. Health and Safety Standards

The Contractor must meet the standards of the local Health Department and must meet specifications established by the United States Public Health Federation, the National Sanitation Foundation, the Occupational Safety and Health Administration, and any other applicable requirements. It is the Contractor’s responsibility to be knowledgeable of and in compliance with ALL applicable health and safety requirements.

3. Personnel

An adequate number of personnel must be available to meet any equipment maintenance and supply demands of the location. Such personnel must be clearly identifiable by the host agencies and their security staff as the Contractor’s employees or as employees of the Contractor’s authorized sub-contractor, by use of a uniform and identification card. Access requirements of the host agencies must be adhered to.

4. Maintenance and Service

The Contractor must be responsible for maintenance and repair of all equipment provided in response to this IFB. The Contractor must keep all areas adjacent to the equipment clean, maintain proper stock levels at all times, maintain proper mechanical condition of all equipment, and make routine collection of monies. A phone number for customer service or complaints must be clearly displayed on each piece of equipment. The Contractor must agree to repair or replace any machine within twenty-four (24) hours of being notified of any malfunction.

5. Hold Harmless

The Contractor must agree that under no circumstances is the State of New York, the Office of Children and Family Services, or the Commission, or any of its representatives or the host agency, liable for any losses whatsoever, including damage to fixtures, equipment or pecuniary losses, suffered by the Contractor through any cause whatsoever. The Contractor will save and hold the State of New York, the Office of Children and Family Services, the Commission and any of its representatives, and the host agency harmless from liability of any nature or kind including costs and expenses, of or on account of any acts or omissions of the Contractor, his agents and employees.

6. Insurance

The Contractor must agree to procure and keep in force, for the benefit of the Commission, the NYSCB-licensed operator of the vending facility, if any, and the host agency where the vending equipment is installed, insurance policies in the standard form in use in the State of New York providing the following coverage:

A. General public liability insurance against claims for bodily injury or death to the limit of not less than $2,000,000 in respect to bodily injury or death to any one person and to the limit of not less than $2,000,000 in respect to any one accident and to the limit of not less than $1,000,000 for property damage, caused or alleged to have been caused by reason of the maintenance, location or operation of the said vending machines.

B. All products public liability policy in the amount of not less than $2,000,000 covering liability arising from illness, damage to health or death of any person or persons caused or alleged to have been caused by any merchandise sold through the said automatic vending machines or the containers furnished therewith.

The insurance coverage must meet the insurance requirements of the building management and the host agency where the vending machines are installed.

7. Responsibility for Losses

All losses incurred in the operation of the Contractor’s authorized vending service will be the responsibility of the Contractor. The Contractor must resolve all customer complaints by either a correction of the deficiency or a refund of the amount paid, within one week of receipt of or notice of the complaint.

8. Permits, Licenses, Fees and Taxes

The Contractor must agree to obtain and maintain all permits and licenses, and pay all fees and taxes, and give all notices and comply with all laws, ordinances, rules and regulations of the city or town in which the installation is to be made, and of the State of New York.

9. Records, Audits and Inspections

All records pertaining to services rendered in response to this IFB must be retained by the Contractor for a period of six (6) years after the end date of services. Authorized representatives of the Commission, the New York State Office of Children and Family Services, and other representatives including, but not limited to, the Office of the New York State Comptroller or the Federal Rehabilitation Services Administration, may inspect the Contractor’s operations and premises at all times and may inspect and audit the books and records of the Contractor at any or all reasonable times.

10. Monthly Sales Report

Contractor agrees to provide to NYSCB a monthly sales report for the location(s) covered under the agreement. At a minimum, this report must include monthly gross sales for each location and the dollar amount of commission due to NYSCB. This monthly sales report should be included with the monthly commission payment.

Alternatively, the contractor can meet the monthly sales report requirement by granting NYSCB access to the contractor’s web-based data tracking system (telemetry), which needs to provide monthly gross sales for each location covered under the agreement.

11. Transfer or Subcontract

No assignment, transfer, or hypothecation of the operations agreement resulting from this bid solicitation may be made, in whole or in part, by the Contractor without written authorization by the Commission. The replacement or addition of a sub-contractor will require thirty (30) days advance notice to the Commission by the Contractor.

12. Termination

Upon termination of the agreement, the Contractor must promptly remove all of the equipment from the premises. Equipment should be removed within 72 hours or a timeframe agreed upon by the Commission and the Contractor. Upon failure of the Contractor to do so, the Commission and/or the host agency may cause such equipment to be removed at the Contractor’s expense.

The contract agreement between the Contractor and the Commission may be terminated by the Commission for any reason whatsoever by giving thirty (30) days written notice to the Contractor of its intention. The contract may be terminated at any time upon mutual consent of the Commission and the Contractor. The Contractor must give ninety (90) days written notice to the Commission of its desire to terminate the agreement.

The Commission may terminate the agreement immediately upon written notice of termination to the Contractor, if the Contractor fails to comply with the terms and conditions of the agreement and/or with any laws, rules, regulations, policies or procedures affecting the agreement. Written notice of termination shall be sent by personal messenger service or by certified mail, return receipt requested.

The Contractor will be required to give the Commission ninety (90) days’ notice of its intention to change ownership via sale to or merger with another vending service provider. Upon such change of ownership, the Commission will review the qualifications and past performance record of the new owner and reserves reserve the right, at the discretion of the Commission, to offer the continuation of the contract to the new owner or to terminate the agreement.

In the event the Office of the New York State Comptroller (OSC) does not approve the contract agreement, the Contractor will be required to promptly remove all equipment and/or machines from the premises. Equipment and/or machines should be removed within 72 hours or a timeframe agreed upon by the Commission and the Contractor.

13. Letter of Credit

The successful bidder will be required to furnish on or before the service start date, an Irrevocable letter of credit from a qualified financial institution, in an amount equivalent to three

(3) monthly payments of the contract fee. A qualified financial institution is a banking institution that is Federal Deposition Insurance Corporation (FDIC) insured. The following provisions must be indicated on the face of the document:

A. The term of the letter of credit must be the term of the contract plus twelve (12) months to guarantee the discharge of all obligations by the successful bidder;

B. The Commission must be authorized to draw upon the letter at any time or from time to time as needed, without having to give notice to or obtain approval or authorization from the successful bidder;

C. A designated number to be used as a reference; and

D. Instructions on how to access the letter of credit.

In lieu of the letter of credit, the successful bidder may make a payment to the Commission in an amount equal to three (3) monthly payments on or before the service start date. This amount will be retained by the Commission for the duration of the service period, plus up to twelve (12) additional months, to guarantee the discharge of all obligations by the Contractor. Funds retained for this purpose may be appropriated by the Commission upon failure of Contractor to comply with the terms and conditions of the contract, without further notice to the Contractor and without the approval of, or authorization from, the Contractor.

Twelve (12) months from the expiration date of the contract, or sixty (60) days from the payment of the full and final payment due the Commission from the Contractor, whichever date is earlier, the cash payment will be returned to the Contractor less any deductions due to the Commission to satisfy the Contractor’s obligations under the contract. No interest will be paid by the Commission to the Contractor on this cash payment amount.

14. Affirmative Action

OCFS has a policy and is committed to equal opportunity and affirmative action. OCFS contractors are expected to exhibit a similar commitment and may be required to submit an affirmative action plan and/or staffing plan when responding to this IFB. The Contractor may also be required to submit quarterly reports in a manner prescribed by OCFS, illustrating their equal employment and affirmative action efforts. Wherever it is deemed appropriate by OCFS, contractors will be required to provide an opportunity for minority and women-owned businesses to act as subcontractors in the provision of goods and services, commensurate minimally with the applicable goals.

The Contractor agrees to comply with all applicable federal and state nondiscrimination statutes including: the Civil Rights Act of 1964, as amended; Executive Order No. 11246 entitled “Equal Employment Opportunity,” as amended by Executive Order 11375, and as supplemented in Department of Labor Regulation 41 CFR Part 60; Executive Law of the State of New York, Sections 290-299 thereof, and any rules or regulations promulgated in accordance therewith;

Section 504 of the Rehabilitation Act of 1973 and the regulations issued pursuant thereto contained in 45 CFR Part 84 entitled "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance:" and the Americans with Disabilities Act (ADA) of 1990 and regulations issued by the Equal Employment Opportunity Commission which implement the employment provisions of the ADA, set forth at 42 CFR Section 12116.

In the event that the Contractor is found through an administrative or legal action, whether brought in conjunction with this contract or any other activity engaged in by the Contractor, to have violated any of the laws recited herein in relation to a contractor's duty to ensure equal employment to protected class members, OCFS may, in its discretion, determine that the Contractor has breached this agreement.

15. Appendix A – Standard Clauses for NYS Contracts

The Contractor has read, understands, and accepts all provisions of Appendix A – Standard Clauses for NYS Contracts. Appendix A contains important information related to the contract to be entered into as a result of this IFB and will be incorporated, without change or amendment, into the contract entered into between OCFS and the selected Contractor. The Contractor will be required to abide by the terms and conditions as set forth in Appendix A and Appendix A-1 attached to this announcement.

16. Workers’ Compensation Insurance and Disability Benefits Coverage

Contractors must now provide proof of workers’ compensation Insurance and disability benefits coverage before a contract will be approved by OSC. If you are awarded a contract, the following proof of insurance will be required:

1) A Form C-105.2 – Certificate of Workers’ Compensation Insurance issued by private insurance carriers, Form U-26.3 issued by the State Insurance Fund, or Form CE-200 – Certificate of Attestation of Exemption from NYS Workers’ Compensation and/or Disability Benefits Coverage. On forms where a certificate holder can be indicated, the New York State Office of Children and Family Services should be entered in this field.

2) A Form DB-120.1 - Certificate of Disability Benefits Insurance or Form CE-200 –

Certificate of Attestation of Exemption from NYS Workers’ Compensation and/or Disability Benefits Coverage.

17. Iran Divestment Act

By submitting a bid in response to this solicitation or by assuming the responsibility of a contract awarded hereunder, bidder/contractor (or any assignee) certifies that it is not on the “Entities Determined To Be Non-Responsive Bidders/Offerers Pursuant to The New York State Iran Divestment Act of 2012” list (“Prohibited Entities List”) posted on the OGS website at:

http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf and further certifies that it will not utilize on such contract any subcontractor that is identified on the Prohibited Entities List. Additionally, bidder/contractor is advised that should it seek to renew or extend a contract awarded in response to the solicitation, it must provide the same certification at the time the contract is renewed or extended.

During the term of the contract, should OCFS receive information that a person (as defined in State Finance Law §165-a) is in violation of the above-referenced certifications, OCFS will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then OCFS shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, seeking compliance, recovering damages, or declaring the contractor in default.

OCFS reserves the right to reject any bid, request for assignment, renewal or extension for an entity that appears on the Prohibited Entities List prior to the award, assignment, renewal or extension of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the Prohibited Entities list after contract award.

18. Executive Order 177

Executive Order 177, signed on February 3, 2018, by Governor Andrew M. Cuomo directs New York State agencies and authorities not to enter into any contracts with entities that have institutional policies or practices that fail to address the harassment and discrimination of individuals on the basis of their age, race, creed, color, national origin, sex, sexual orientation, gender identity, disability, marital status, military status, or other protected basis. The Contractor must provide the EO 177 Certification statement found attached to this announcement.

19. State Finance Law §139-l; Statement on Sexual Harassment in Bids

New York State Finance Law §139-l, effective January 1, 2019, requires, in relevant part, that “[e]very bid . . . made to the state or any public department or agency thereof, where competitive bidding is required by statute, rule or regulation, for work or services performed or to be performed or goods sold or to be sold, shall contain [a] statement subscribed by the bidder and affirmed by such bidder as true under the penalty of perjury. . . [that] ‘[b]y 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 the bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of section two hundred one-g of the labor law.’ The Contractor must provide the foregoing certification prior to any award being made by OCFS. For additional guidance on drafting an appropriate sexual harassment policy and developing appropriate training please refer to State Finance Law §139-l and https://www.ny.gov/combating-sexual-harassment-workplace/employers#top

IV. SELECTION CRITERIA / AWARD OF CONTRACT

The award of a contract pursuant to this IFB will be made to a responsive and responsible bidder based on the highest bid amount as noted by the Total Contract Fee Amount. To be considered responsive, a bidder should submit a cover letter and a complete and timely bid proposal that meets all the bid proposal requirements defined in Section II, herein. To be considered responsible, the bidder must be able to demonstrate integrity, reliability and competence as shown in its responses to the Vendor Responsibility Questionnaire (Attachment #4), the Procurement Lobbying Act Certification Form (Attachment #5), the Non-Collusive Bidding certification (Attachment #6), and the Executive Order 177 Certification Form (Attachment #7).

In the event two offers are tied as noted in the Total Contract Fee Amount, the determination of the commissioner or agency head to award a contract to one or more of such bidders shall be final. The basis for determining the award shall be documented in the procurement record.

The Commission reserves the right to award the contract to a bidder other than the highest bidder if the highest bidder is determined not to be a responsive or responsible bidder.

Any successful bidder may be required, at the discretion of the Commission, to justify the amount of the bid submitted.

The Commission reserves the right to:

• Reject any or all bid proposals received in response to this IFB;

• Withdraw the IFB at any time, at the agency’s sole discretion;

• Make an award under the IFB in whole or in part;

• Disqualify a bidder whose conduct and/or proposal fails to conform to the requirements of the

IFB;

• Seek clarifications and revisions of proposals;

• Use proposal information obtained through site visits, management interviews and the State’s investigation of a bidder’s qualifications, experience, ability or financial standing, and any https://www.ny.gov/combating-sexual-harassment-workplace/employers#top material or information submitted by the bidder in response to the agency’s request for clarifying information in the course of evaluation and/or selection under the IFB;

• Prior to the bid opening, amend the IFB specifications to correct errors or oversights, or to supply additional information, as it becomes available;

• Prior to the bid opening, direct bidders to submit proposal modifications addressing subsequent IFB amendments;

• Change any of the scheduled dates;

• Eliminate any mandatory, non-material specifications that cannot be complied with by all of the prospective bidders;

• Waive any requirements that are not material;

• Negotiate with the successful bidder within the scope of the IFB in the best interests of the State;

• Conduct contract negotiations with the next responsible bidder, should the agency be unsuccessful in negotiating with the selected bidder;

• Utilize any and all ideas submitted in the proposals received;

• Unless otherwise specified in the solicitation, every offer is firm and not revocable for a period of 180 days from the bid opening;

• Require clarification at any time during the procurement process and/or require correction of arithmetic or other apparent errors for the purpose of assuring a full and complete understanding of an offerer’s proposal and/or to determine an offerer’s compliance with the requirements of the solicitation; and

• Require a successful bidder to submit addresses, contact persons and telephone numbers of three (3) locations where the bidder provides or has provided vending machine services.

NOTE: The Commission reserves the right to make awards (i.e., fully executed contracts) within 180 days after the date of the bid opening, during which period, bids must remain firm and cannot be withdrawn. If, however, a contract is not awarded within the 180-day period, bids shall remain firm until such later time as either a contract is awarded or the bidder delivers to the Commission written notice of the withdrawal of its bid.

V. WHERE TO SUBMIT THE BID DOCUMENTS

Two complete copies of the bid proposal, including original signatures, must be submitted in a sealed envelope clearly marked IFB# 1006 on the exterior envelope. FAX or email submissions will NOT be accepted.

Refer to Section II. Contents of Bid Submission of this IFB for a list of documents that should be included in your bid proposal.

Bid proposals may be submitted via mail, overnight delivery or hand delivery, to:

Attn: Bureau of Contract Management - RFP Unit IFB# 1006 Automatic Vending Machine Service

52 Washington Street, Room 202 South Rensselaer, NY 12144.

BID PROPOSALS MUST BE RECEIVED BY OCFS NO LATER THAN

THE DATE/TIME SET FORTH IN THE CALENDAR OF EVENTS. OFFERERS ASSUME ALL

RISKS FOR TIMELY, PROPERLY SUBMITTED DELIVERIES.

APPENDIX C

MODIFIED VENDING MACHINE SERVICES UNDER CONTRACT #

New Location(s): Deleted Location(s):

Additional Machines at Existing Location(s): Remove Machines at Existing Location(s):

The amount payable to the Commission for the Blind for license to provide automatic vending machine services at the above location(s) under the above referenced contract shall be calculated as follows:

1) Price per machine per month:

(Original monthly payment of $ divided by machines identified in Appendix D)

2) Number of machines added/deleted:

3) Number of months remaining in Contract: ( )

4) Monthly fee for new/deleted machines (Multiply #1 x #2):

5) Revised monthly payment:

(Original monthly payment, $ , plus/minus all Appendix C’s)

6) Total fee for new/deleted machines (Multiply #3 x #4):

7) Revised Contract amount:

(Original Contract amount, $ , plus/minus all Appendix C’s)

As compensation for license to provide/discontinue automatic vending machine services at the locations identified above, the Concessionaire agrees to the revised monthly fee of $ , identified in (5) above, payable to the Commission under Contract # , effective .

Agency Certification

“IN WITNESS WHEREOF, the Parties hereunto have signed this AMENDMENT to OFFICE OF CHILDREN AND FAMILY SERVICES CONTRACT # ________ on the date and year appearing opposite their respective signatures.”

Agency Signature Title Date

Contractor Signature Title Date

Contractor’s Federal ID Number

NOTARIZATION FOR CONTRACTOR:

STATE OF NEW YORK )

) SS.:

County of )

On this day of , 20 , before me personally appeared known to me to be the person who executed the foregoing instrument, who being duly sworn by me did depose and say that he/she resides at , County of , State of ; and further that:

(Check One)

( If an individual): __he executed the foregoing instrument in his/her name and on his/her own behalf.

( If a corporation):__he is the of , the corporation described in said instrument; that, by authority of the of said corporation, he/she is authorized to execute the foregoing instrument on behalf of the corporation for purposes set forth therein; and that, pursuant to that authority, he/she executed the foregoing instrument in the name of and on behalf of said corporation as the act and deed of said corporation.

( If a partnership): __he is the of , the partnership described in said instrument; that, by the terms of said partnership, he/she is authorized to execute the foregoing instrument on behalf of the partnership for purposes set forth therein; and that, pursuant to that authority, he/she executed the foregoing instrument in the name of and on behalf of said partnership as the act and deed of said partnership.

My Commission Expires:

NOTARY PUBLIC

Qualified in County Registration #

Approved: Thomas P. DiNapoli, Comptroller

By: Date:

Appendix D

NYS DOT Rest Areas: “Unadilla” I-88 Eastbound between Exits 10 and 11, in the Town of Sidney, Delaware County AND “East Worcester” I-88 Westbound between Exits 20 and 19, in the Town of Worcester, Otsego County

Rest Area Location Machines

NYS DOT Rest Area “Unadilla” I-88 Eastbound, between Exits 10 and 11, 2 - Cold Beverage in the Town of Sidney, Delaware County

NYS DOT Rest Area “East Worcester” I-88 Westbound, between 2 - Cold Beverage Exits 20 and 19, in the Town of Worcester, Otsego County

Contacts: Jennifer Hawkins: (518) 457-8485 – Jennifer.hawkins@dot.ny.gov Mike Singlar: (607) 721-8140 – Michael.singlar@dot.ny.gov

There are no maximum pricing requirements for these locations.

mailto:Jennifer.hawkins@dot.ny.gov mailto:Michael.singlar@dot.ny.gov