IFB 2026 Epinephrine Auto-Injectors.docx

IFB Template 3/5/2026

New York State Office of Children and Family Services Division of Child Care Services

INVITATION FOR BIDS

IFB 2026 Epinephrine Auto-Injectors

2026 Epinephrine Auto-Injectors

CALENDAR OF EVENTS

by 4:00 p.m. Eastern Time

by 4:00 p.m. Eastern Time

DESIGNATED CONTACT:

Pursuant to State Finance Law §§ 139-j and 139-k, the New York State Office of Children and Family Services (hereinafter referred to as “OCFS”) identifies the following designated contact to whom all communications attempting to influence OCFS’s conduct or decision regarding this procurement must be made: rfq@ocfs.ny.gov .

PERMISSIBLE SUBJECT MATTER CONTACT:

Pursuant to State Finance Law § 139-j(3)(a), OCFS identifies the following allowable person to contact for communications related to the submission of bids, written questions, pre-bid questions, and debriefings: rfq@ocfs.ny.gov .

Table of Contents

5.00 Purchase Authorization…………………………………………………….…….28

1.0 GENERAL INFORMATION

1.1 Overview

The New York State Office of Children and Family Services (OCFS) has released this Invitation for Bids (IFB) to solicit competitive quotes for Epinephrine Auto-Injectors as further detailed in IFB Section 2.0 Specifications. OCFS intends to award one (1) award from this procurement.

In conjunction with the implementation of Elijah’s Law, OCFS implemented the Non-Patient Specific Auto-Injector initiative in 2021. Through this initiative, non-patient specific epinephrine auto-injectors were made available to interested and eligible licensed/registered childcare programs that serve children from ages: 6 to 12 years old. Participation in this initiative is voluntary yet strongly encouraged.

In November 2017, three-year-old Elijah Silvera, a child with a diagnosed severe dairy allergy, was given a grilled cheese sandwich while attending childcare. Elijah experienced anaphylaxis and died as a result. In September 2019, NYS signed Elijah’s Law which required OCFS to develop a policy with DOH regarding preventing and responding to anaphylactic emergencies in childcare. OCFS would like to ease as many barriers as possible towards childcare programs obtaining a non-patient specific epinephrine auto injector. As such, OCFS created a no cost allergy awareness training for childcare programs. Additionally, the cost to purchasing epinephrine auto-injectors was prohibitive to childcare programs. Therefore, this initiative will also provide this life-saving tool at no cost to childcare programs.

Food allergies are the most common cause of anaphylaxis outside the hospital setting. The most common food allergies in infants and children are eggs, milk, peanuts, tree nuts, soy, wheat, fish and shellfish. Other causes of anaphylaxis include allergies to insect bites, dogs, cats, medications, and latex. Nearly 8 percent of United States children (1 in 13 children) have at least one food allergy, and approximately one in five children with a food allergy reported one or more allergy-related emergency room visits in the previous year. Anaphylaxis must be treated right away to provide the best chance for improvement and prevent serious, potentially life-threatening complications. Epinephrine is the FIRST LINE drug of choice for the emergency treatment of severe allergic reactions to foods, insect stings or bites, drugs, or other allergens. Epinephrine is a safe medication. There is no medical reason for trained, designated staff to withhold administration of an epinephrine auto-injector in an emergency if anaphylaxis is suspected. A delay in the administration of epinephrine could result in death. Furthermore, improved outcomes have been reported with early administration of epinephrine (including decreased likelihood of needing additional medications in the Emergency Department and less likely to require overnight hospitalization). For that reason, in addition to keeping patient-specific epinephrine auto-injectors on hand for a child with a known allergy, childcare programs are permitted to keep stock epinephrine auto-injectors on site and use them for children not previously identified as having allergies who have their first reaction while at childcare (non-patient specific epinephrine auto-injectors).

As a result, The New York State (NYS) Office of Children and Family Services (OCFS) announced the release of this Invitation for Bids (IFB) to continue this life-saving initiative.

There is a maximum price limit of $15,000,000 for this procurement. Any bid submitted that results in a cost that exceeds $15,000,000 will not be considered for an award.

1.2 Term of Contract

It is the intention of the State to make a one-time purchase via purchase order (PO). The PO shall commence upon New York State Office of the State Comptroller (OSC) approval and shall terminate after the products are delivered and accepted, and payment is furnished by New York State.

It is the intention of New York State to award a single purchase authorization to the successful responder who can provide all three auto injector types at a price of no more than a total of $15 million dollars. The purchase authorization contract will commence on or about the date as stated on the cover page in the Calendar of Events and will continue for a period of up to 2 years and is subject to approval by the Office of the State Comptroller (OSC). Contractors may not begin to provide services before the start date; OCFS has no obligation to pay for services rendered or any commodities before that time. Payments cannot be made before the formal execution of a purchase authorization contract.

1.3 Restricted Period

“Restricted period” means the period of time commencing with the earliest written notice, advertisement, or solicitation of a Request for Proposals (“RFP”), Invitation for Bids (“IFB”), or any other method for soliciting a response from bidders intending to result in a procurement contract with OCFS and ending with the final purchase authorization contract award and approval by OCFS and, where applicable, final purchase authorization contract approval by the Office of the State Comptroller.

Pursuant to State Finance Law §§ 139-j and 139-k, OCFS has designated contacts on the face page of this procurement to whom all communications attempting to influence this procurement must be made.

This prohibition applies to any oral, written, or electronic communication under circumstances where a reasonable person would infer that the communication was intended to influence this procurement. Violation of any of the requirements described in this section may be grounds for a determination that the bidder is non-responsible and therefore ineligible for this purchase authorization contract award. Two (2) violations within four (4) years of the rules against impermissible contacts during the “restricted period” may result in the violator being debarred from participating in OCFS’s procurements for a period of four (4) years.

1.4 Questions and Amendments

Bidders may submit written questions and requests for clarification pertaining to this IFB between the issuance of this IFB and the deadline for submission of written questions specified in the Calendar of Events on the cover/face page of this procurement (page 1). All questions and requests for clarification should cite the relevant section and paragraph number of this solicitation or of the attachment to which the question relates, where applicable, and must be submitted via email to rfq@ocfs.ny.gov no later than the deadline for submission of written questions specified in the Calendar of Events. Questions received after the deadline may not be answered.

If a bidder discovers any ambiguity, conflict, discrepancy, omission, or other apparent error in this IFB, the bidder shall immediately notify OCFS of such error in writing at rfq@ocfs.ny.gov and request that OCFS clarify or modify the terms of this IFB. If, prior to the deadline for the submission of bids specified in the Calendar of Events on the cover/face page of this procurement, a bidder fails to notify OCFS of a known error or an error that reasonably should have been known, the bidder shall assume the risk of bidding notwithstanding such apparent ambiguity, conflict, discrepancy, omission, or other error. If awarded a purchase authorization contract pursuant to the terms of this IFB, the bidder shall not be entitled to an amendment to the terms of the purchasing authorization contract to correct or clarify any such ambiguity, conflict, discrepancy, omission, or other error nor to any additional compensation by reason of the error or its correction.

Answers to all questions will be provided to all bidders in the form of a question and answer document that will be posted to both the NYS Contract Reporter website (https://www.nyscr.ny.gov) and the OCFS funding opportunities page (https://ocfs.ny.gov/main/contracts/funding/) and will not identify the bidder asking the question. Before the deadline for submission of bids, any such clarifications or modifications as deemed necessary by OCFS will also be posted in the Contract Reporter and on the OCFS website.

2.0 SPECIFICATIONS

Failure to meet the minimum requirements outlined in Section 2.1 may result in a bid being found non-responsive and eliminated from consideration.

2.1 Eligible Bidders

Eligible bidders must:

· Be licensed to do business in the State of New York or will become licensed in the State of New York if selected for award.

· Be the manufacturer of the products being requested, or an authorized representative (i.e. dealer/re-seller) of the manufacturer’s products being requested.

· Have a minimum of at least 1 year of experience manufacturing and delivering the product being requested, or an authorized representative (i.e. dealer/reseller) having at least 1 year of experience supplying and delivering the product being requested.

2.2 Product/Service Specifications

· A twin-pack that includes two epinephrine auto-injectors and a voice-guided instructional training device that a childcare provider would use in a life-threatening anaphylactic emergency. Epinephrine auto-injectors will be made available to interested and eligible childcare programs servicing youth in varying weight ranges. As a result, there will be three (3) different lots to cover the various doses needed for weight ranges:

· Lot 1 – Twin pack at the 0.1mg dose (for children weighing between 16.5 - 33 pounds);

· Lot 2 - Twin pack at the 0.15mg dose (for children weighing between 33 - 66 pounds);

· Lot 3 - Twin pack at the 0.3mg dose (for children who weigh more than 66 pounds).

· Participating programs, contingent upon availability of funds, would be eligible to receive up to three twin packs of varying dosages and auto-injector replacements when doses expire or are dispensed.

· The auto-injector must adhere to FDA rules and regulations. In the event of a product recall, vendor must agree to replace the recalled device at no cost to NYS or the childcare program.

· The auto-injector device must have a retractable needle.

· The vendor must have the technological infrastructure to align with the current systems.

· The vendor must obtain and utilize a compatible technology solution that will allow them to interface with the application programming interface (API) offered by OCFS Division of Child Care Services (DCCS) electronic system of record, and the Child Care Facility System (CCFS). The API provides CCFS with the ability to request new devices and be updated when devices have been shipped in a fully automated process.

· By also interfacing with DCCS’ training vendor, CCFS developed a solution that determines if and when, a device request is valid based on the successful completion of the Professional Development Program (PDP) training course. That information prompts CCFS to share data with the vendor to indicate that a new device needs to be sent to a facility. It provides information on the individual that can handle the device and where the device is to be shipped. Once a device leaves the vendor, they need to provide CCFS with the details so that the device’s expiration date can be monitored. To participate in the auto- injector initiative, the successful vendor must have the capacity to interface with CCFS and the training vendor as the system is currently designed.

· At vendor’s cost, the vendor must be able to provide ongoing support to childcare providers by implementing a tele-outreach program promoting the initiative which includes telephone and email correspondence to childcare programs. The scripting for the tele-outreach must be pre-approved by OCFS.

· The vendor must have the ability to directly ship the auto-injector twin packs to the eligible childcare program. Shipping costs should be included in the price.

· The Vendor must be able to provide approximately 72,000 twin packs of auto-injectors of varying dosages for a total cost not to exceed 15 million dollars for the two-year purchase authorization term. The vendor will provide approximately 24,000 twin packs of each available dose of epinephrine (.1mg, .15mg, and .3mg). This is our best estimate, the actual number of twin packs by dose may vary based on participant requests.

3.

1.2

2.3 Delivery

Shipping shall be at FOB DESTINATION to any point in New York State.

Items ordered from this Purchase Authorization must be delivered within thirty (30) days of notification of the order by OCFS, unless otherwise agreed to, in writing, by OCFS.

3.

4.

2.4 Security Procedures

Please note the delivery location may have security policies that must be followed. The contractor will work with OCFS to obtain necessary clearances. The contractor may be required to provide information such as, but not limited to, the company name, the employee’s name (as it appears on ID), valid driver license number, vehicle make, model and license plate, etc. to gain access to the delivery location.

2.5 Warranty (if commodity purchase)

The contractor hereby warrants and represents that products, components, or parts specified and furnished by or through the contractor, whether specified and furnished individually or as a system, shall be free from defects in material and workmanship and will conform to all requirements of the purchase authorization contract for a minimum of two (2) years from the date of acceptance.

During the product warranty period, defects in the materials or workmanship of products, components, or parts specified and furnished by or through the contractor, whether specified and furnished individually or as a system, shall be repaired or replaced by the contractor at no cost or expense to OCFS. If needed, the contractor shall extend the product warranty period for individual products or the system, by the cumulative periods of time, after notification, during which a product or the system requires repairs or replacement that results in down time or is in the possession of the contractor, its agents, officers, subcontractor, distributors, resellers or employees (“extended warranty”).

All warranties included in this IFB shall survive the termination of any resulting purchase authorization contract.

2.6 Transition

Not Applicable

2.7 Subcontracting

Applicants may not subcontract components of the scope of work.

3.0 BID SUBMISSION

3.1 Instructions for Bid Submission

Only bids from bidders who furnish all required information and meet the mandatory requirements stated in Section 2.0 Specifications will be considered. Bidders must operate in accordance with all applicable laws, rules, and regulations.

All bids must be submitted electronically by email to rfq@ocfs.ny.gov by the bid due date and time set forth in Section 1.0 Calendar of Events. All bid documents must be sent as attachments as OCFS is unable to download any documents. The email subject line should include the following information: IFB 2026 Epinephrine Auto Injectors and Vendor Name. If the bid requires files be sent in multiple emails, indicate the email number, e.g., 1 of 2. No facsimile or hard copy bids will be accepted. Bid submissions for this procurement should only contain bids for this specific funding opportunity and bidders should submit only one bid per submission email.

Bids must be attached to the email in a manner that results in the electronic document(s) being transmitted with the email. The bid must be received by OCFS secure email servers to be considered properly received. Clickable links to download the bid and/or the use of third-party file hosting services are not permissible as the bidder’s email submission is not transmitting the electronic document(s) of the bid to OCFS.

Email delivery or read receipts are recommended. OCFS will provide a confirmation email that the bid has been received, including the number of attachments. Bidders are responsible for contacting OCFS prior to the deadline if confirmation has not been received.

Electronic bids must contain the information and bid submission formats and forms requested herein, or attached hereto, under the terms and conditions of this solicitation. Bids that cannot be read, require a password (locked), or are incomplete, or that contain any omissions, erasures, alterations, additions, or items not required by the IFB, or that contain irregularities of any kind may be rejected. All costs associated with the preparation of a bid are the responsibility of the bidders and cannot be charged to OCFS. Bidders may modify, in writing, the content of any bid at any time prior to the bid due date and time; however, a complete re-submission of all bid documents is required. OCFS will not substitute sections of a bid. The email should state previous bid(s) submitted are withdrawn. If this is not clear in the email, OCFS will only consider the latest bid submitted for award. Bids may be withdrawn or canceled before the bid due date and time.

Contractors may not begin to provide services prior to the purchase authorization contract start date; OCFS has no obligation to pay for services prior to that time. Payments cannot be made prior to the formal execution of a purchase authorization contract.

Bidders assume all risks for timely, properly submitted electronic bids.

LATE BIDS MAY BE REJECTED

Any bid, or portion of a bid if bid is submitted in multiple emails, that is received at the rfq@ocfs.ny.gov email after the bid due date and time in Section 1.0 Calendar of Events will be considered a late bid. A late bid may be rejected and disqualified from award. However, a late bid may be accepted in the Commissioner’s sole discretion when:

(i) no timely bids meeting the requirements of the solicitation are received; or

(ii) the bidder has demonstrated to the satisfaction of the Commissioner that the late bid was caused solely by factors outside the control of the offerer.

Note: The Commissioner is under no obligation to accept a late bid.

The basis for any determination to accept a late bid shall be documented in the procurement record.

FIRM OFFER

Bids must remain an effective offer, firm and irrevocable, for at least 365 calendar days from the due date, unless the time for awarding the purchase authorization contract is extended by mutual consent of OCFS and the bidder. A bid shall continue to remain an effective offer, firm and irrevocable, subsequent to the 365 calendar-day period until either tentative award of the purchase authorization contract(s), withdrawal of the procurement, or withdrawal of the bid in writing by the bidder.

OWNERSHIP OF IFB AND BIDS

This IFB remains the property of New York State at all times, and all responses to this IFB, once delivered, become the property of New York State.

3.2 Packaging of IFB Response

Required Contents of Bid Submission

Please be aware that although bids must be submitted electronically, any document that requires a notarization must be obtained by the bidder and a copy of the notarized form submitted with the bid. The original hard copy signature page must be kept by the bidder. If applicable, a hard copy version of the notarized document must be supplied during the purchase authorization contract development stage by selected awardees if requested by OCFS.

All bid submissions must include the following:

· OCFS-0910, Request for Bid Form

· Attachment #1 Financial Response Bid Sheet

· Attachment #2 – Bidders Certified Form

· OCFS-4822, Procurement Lobbying Act – Offeror Certification Form

Attachments to this announcement are also available for download from The New York State Contract Reporter website at https://www.nyscr.ny.gov .

The following documents should also be completed and provided in the bid:

· NYS Required Forms

· Non-Collusive Bidding Certification

· NYS Required Certifications Identifying Data

· Offerer’s Certification of Adherence to Executive Order 177

· Offerer’s Certification of Adherence to New York State Finance Law

· Sexual Harassment Prevention Certification Form

· Freedom Of Information Law Redaction Request

· Offerer’s Certification of Adherence to Executive Order No. 16

· Offerer Assurance of No Conflict of Interest or Detrimental Effect

· Gender-Based Violence and the Workplace Certification

· Vendor Responsibility Questionnaire (or proof of online VendRep certification. See Section 4.21 for more information)

· OCFS-3460, MWBE Equal Employment Opportunity (EEO) Policy Statement Form

OCFS reserves the right to require the provision of these forms prior to making an award. Failure to provide required forms may result in your bid being disqualified from consideration. If requested, forms should be provided to OCFS within 5 business days.

For complete proposal and purchase authorization contract requirements for the Minority- and Women-owned Business Enterprises (MWBE) and Equal Employment Opportunity (EEO) requirements, refer to Section 4.9.

General Bid Appearance

Bid emails may be submitted containing either one singular document or multiple document attachments. Document file names are encouraged to be logical and make the attachment(s) easily identifiable. Please ensure all document attachments provided via email are complete, correct, viewable, and comply with the requirements of the IFB. Documents that are incomplete or cannot be viewed may result in disqualification. OCFS reserves the right, at the sole discretion of OCFS, to request timely resubmission of documents.

The spacing, fonts, and margins used in the bid should be reasonable. For example: single-spaced twelve-point text using Arial, Times New Roman, or Calibri fonts are considered acceptable. Standard one-inch margins are recommended.

Please refer to Section 3.1 Instructions for Bid Submission and Section 1.0 Calendar of Events.

Documents Required After Bid Submission

During purchase authorization contract negotiations, awarded bidders will be required to complete the following additional forms:

· OCFS-4631, MWBE Utilization Plan Form

· SDVOB-100, SDVOB Utilization Plan

· OCFS-4629, Project Staffing Plan Form

· AC 3271-S, State Consultant Services – Contractor’s Planned Employment (Form A)

· ST-220-TD, Contractor Certification

· ST-220-CA, Contractor Certification to Covered Agency

· Proof of workers’ compensation and disability benefits coverage or Certificate of Attestation of Exemption from New York State Workers’ Compensation Board and/or disability benefits coverage

4.0 ADMINISTRATIVE INFORMATION

4.1 Method of Award

The bidder submitting a bid in compliance with Section 3.0 Bid Submission, meeting requirements stated in Section 2.0 Specifications, passing vendor responsibility review, and bidding the lowest cost will be awarded. Any bid that exceeds the maximum bid rate limit will not be considered for an award. Please see Section 4.2 Price for more information regarding bid cost limits and requirements.

The bid will be firm for two (2) years. There will be no adjustments to the rate during the purchase authorization contract term.

If a tie bid results, bidders with the most years’ experience (in months as indicated in the Bidder’s Certified Form) providing/supplying and delivering the required product being requested, will be selected as the winning bidder. If there is still a tie, the decision as to the winning bid will be made by the Commissioner in accordance with the State Finance Law §163(10)(a) and any policy stated in the IFB.

OCFS reserves the right to request best and final offers. In the event OCFS exercises this right, all bidders that submitted a proposal that are susceptible to award will be asked to provide a best and final offer. Bidders will be informed that should they choose not to submit a best and final offer, the offer submitted with their proposal will be construed as their best and final offer.

4.2 Price

There is a maximum cost of $15,000,000 for this procurement. The lowest cost qualified responder will be awarded the purchase authorization contract. Any bid submitted that exceeds the maximum cost will not be considered for an award.

Bid price must include all costs associated with providing and delivering the items as specified, including travel, overhead, licenses, insurance (refer to IFB Section 4.17 Insurance Requirements), administrative, customs, duties, charges, and ancillary costs, and be net F.O.B. destination.

4.3 Method of Payment

Upon delivery and acceptance of product(s) specified, invoices shall be submitted to the Business Services Center Accounts Payable Unit. Invoices will be processed in accordance with established procedures of the Office of General Services and OSC, and payments will be subject to the prompt payment provisions of Article XI-A of the New York State Finance Law.

Invoices must contain the PO number, and invoices shall be consistent with the PO issued. Invoices without the required information will be returned to the contractor to be completed as required. All invoices must be submitted for payment to:

New York State Office of General Services c/o OGS Business Services Center Building 5, 5th Floor 1220 Washington Ave.

Albany, New York 12226-1900 accountspayable@ogs.ny.gov

4.4 Contractor Responsibilities

The contractor shall be solely responsible for all compliance with terms and conditions in this IFB or any resulting purchase authorization contract. The contractor may not engage a subcontractor or dealer, distributor, reseller, or any other party to carry out any part of this purchase authorization contract without the prior written consent of OCFS. The contractor accepts full responsibility for the actions of any employee who carries out any of the provisions of any purchase authorization contract resulting from this IFB.

4.5 OCFS Reserved Rights

OCFS reserves the right to:

1. Change any of the schedule dates stated in this IFB.

2. Reject any or all bids received in response to the IFB.

3. Withdraw the IFB at any time at the agency’s sole discretion.

4. Make an award under the IFB in whole or in part.

5. Disqualify any bidder whose conduct and/or bid fails to conform to the IFB’s requirements.

6. Reject any bid if, in the sole discretion of OCFS, it determines the bidder is not a responsible vendor.

7. Seek clarification and revisions of bids. Ask bidders to present supplemental information clarifying their bids either in writing or by formal presentation. New information is not permitted.

8. Before opening bids, amend any part of this IFB with notification to all bidders, and direct all bidders to prepare modifications addressing IFB amendments, if necessary.

9. Eliminate any IFB requirements that cannot be met by all prospective bidders upon notice to all parties that submitted bids.

10. Waive procedural technicalities or modify minor irregularities in bids received after notification to the bidder involved.

11. Correct any arithmetic errors in any bid or make typographical corrections to bids with the concurrence of the bidder.

12. Negotiate with the selected bidder(s) before purchase authorization contract award.

13. Conduct contract negotiations or award a purchase authorization contract to the next ranked bidder if purchase authorization contract negotiations with the selected bidder(s) cannot be accomplished within an acceptable time frame. No bidder will have any rights against OCFS arising from such actions.

14. Require that all bids be held valid for a minimum of 365 days from the closing date for receipt of bid submissions, unless otherwise expressly provided for in writing.

15. Use the bid submitted in response to this IFB as part of an approved purchase authorization contract. At the time of purchase authorization contract development, awardees may be asked to provide additional budget and program information for the final purchase authorization contract.

16. Use any or all ideas submitted in the bids received.

17. 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 bid and/or to determine a bidder’s compliance with the requirements of the solicitation.

18. Make inquiries of third parties, including but not limited to bidder’s references regarding the bidder’s experience or other matters deemed relevant to the bid by OCFS. By submitting a bid in response to this IFB, the bidder gives its consent to any inquiry made by OCFS.

19. Rescind awards for failure of awardees to meet required time frames for purchase authorization contract development and/or signature.

20. Cancel this IFB, in whole or in part, at any time and to reject any or all bids when appropriate in the best interests of New York State.

21. Use information obtained through site visits, management interviews and New York State’s investigation of a bidder’s qualifications, experience, ability, or financial standing, and any 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.

22. Reject any extraneous terms, alternate activities/work to be performed, added conditions, or exceptions stated by bidders within their bid submission(s). This includes, but is not limited to, proposed changes to the standard terms and conditions of the resulting purchase authorization contract(s).

4.6 Incurred Costs

The State of New York shall not be liable for any costs incurred by a bidder in the preparation and production of a bid or for the contractor’s participation in any purchase authorization pre-contract award activity. The State of New York shall not be liable for any cost incurred by the contractor in preparation for or before the approval of an executed purchase authorization contract by OSC.

4.7 Security, Nondisclosure, and Confidentiality Agreement

The content of each bidder’s submission will be held in strict confidence by New York State during the bid evaluation process and will not be disclosed except to the evaluation panels, and to the New York State Office of the Attorney General and OSC, as may be necessary, to obtain their approvals for the final purchase authorization contract, and except as required by law. The successful bid and a copy of the specifications will be made a part of the purchase authorization contract.

Public inspection of a bid is regulated by the Freedom of Information Law (Article 6 of the New York Public Officer’s Law, or FOIL). Bids are presumptively available for public inspection. If this would be unacceptable to bidders, they should apply to the New York State Division of Budget (DOB) for trade secret protection for their bid.

Confidential, trade secret, or proprietary materials as defined by the laws of the State of New York must be clearly marked and identified upon submission by the bidder. Marking the bid as “confidential” or “proprietary” on its face or in the document header or footer is not sufficient without specific justification as to why disclosure of particular information in the bid would cause substantial injury to the competitive position of the offerer.

Bidders/contractors intending to seek an exemption from disclosure of these materials under the FOIL must request the exemption in writing, explaining the reasons for the claimed exemption. Acceptance of the claimed materials does not constitute a determination on the exemption request, which will be made in accordance with statutory procedures.

The Public Officers’ Code of Ethics (Section 74 of the Public Officers Law) sets the standard that no officer or employee of a state agency shall disclose confidential information they acquire during their official duties. These standards control the confidentiality of a bidder’s submission unless DOB grants a petition for records access in accordance with FOIL.

Bidders should be advised the confidentiality of their bid is founded upon statute, as described above. A nondisclosure agreement, whether prescribed by DOB or the bidder, would not alter the rights and responsibilities of either party under FOIL. Bidders should not propose a nondisclosure agreement for DOB employees, as that is legally ineffective to alter any responsibility under FOIL or the Code of Ethics.

The provisions of FOIL will also govern the confidentiality of all products or services supplied by the successful bidder.

Please see Confidentiality Non-Disclosure Agreement (OCFS-4715), which each contractor or subcontractor, employee of a contractor or subcontractor, and volunteer with a contractor or subcontractor is required to sign.

4.8 Executive Orders

Executive Order No. 16, dated March 17, 2022, requires New York State agencies to refrain from entering into any new contract or renewing any existing contract with an entity conducting business operations in Russia.

Executive Order 16 includes the following definitions:

· “Russian entity” means an institution or company headquartered in Russia or has its principal place of business in Russia.

· “Supporting entity” means any institution or company providing assistance to the Russian government in its campaign to invade the sovereign country of Ukraine, either through in-kind support or for-profit.

· “Entity conducting business operations in Russia” means an institution or company, wherever located, conducting any commercial activity in Russia or transacting business with the Russian government or with commercial entities headquartered in Russia or with their principal place of business in Russia in the form of contracting, sales, purchasing, investment, or any business partnership.

By submission of a response to this solicitation, the bidder certifies that they:

a. are not a Russian or Russia-supporting entity, as those terms are defined in the Executive Order No. 16 (dated March 17, 2022); and/or

b. are not an entity conducting business operations in Russia, as those terms are defined in the Executive Order No. No. 16 (dated March 17, 2022).

Executive Order 177, dated February 3, 2018, 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 before any award being made by OCFS.

4.9 Minority- and Women-owned Business Enterprises (MWBE) – Equal Employment Opportunity (EEO) - Requirements & Procedures

This section outlines contractor requirements and procedures for business participation opportunities for New York State-certified Minority- and Women-owned Business Enterprises (MWBE) and equal employment opportunities (EEO) for minority group members and women. OCFS forms can be found at https://ocfs.ny.gov/forms/ and some are required to be entered directly into the New York State Contract System.

4.9.1 New York State Executive Law (Article 15-A)

Pursuant to New York State Executive Law Article 15-A and Parts 140-145 of Title 5 of the New York Codes, Rules, and Regulations, OCFS is required to promote opportunities for the maximum feasible participation of New York State-certified MWBE and the employment of minority group members and women in the performance of OCFS contracts. OCFS has established its overall agency goal of 30% MWBE participation, including 15% for New York State-certified Minority-owned Business Enterprises (MBE) and 15% for New York State-certified Women-owned Business Enterprises (WBE). OCFS supports the establishment of partnerships with MWBE as subcontractors, suppliers, protégés, or in other supporting roles to the maximum extent practicable and consistent with the legal requirements of the State Finance Law and Executive Law Article 15-A. Certified MWBE companies may be readily identified through the directory of NYS certified MWBE at: https://ny.newnycontracts.com.

4.9.2 MWBE Business Participation Opportunities – OCFS-Established Goals

Procurement and contract goals are established based on the current availability of NYS certified MWBE to assist in the execution of the scope of work of the contract by providing a commercially useful function (CUF) in the performance of the services required. The percentage goal for this procurement may be assessed higher or lower than the percentage level of the agency’s overall goal depending on factors such as the type of services involved, location of services and the availability of certified MWBE.

For the purposes of this solicitation, OCFS hereby establishes an overall goal of 30% of discretionary non-personnel service spending for New York State-certified MWBE participation, 15% for MBE participation and 15% for WBE participation. A contractor (“contractor”) on any contract resulting from this procurement (“contract”) must document its good-faith efforts (GFE) to provide meaningful participation by MWBE as subcontractors and suppliers who will perform a CUF in the performance of the contract. To that end, by submitting a response to this IFB, the respondent agrees that OCFS may withhold payment pursuant to any contract awarded as a result of this IFB pending receipt of the required MWBE documentation. The directory of NYS certified MWBE can be viewed at New York State Contract System. For guidance on how OCFS will evaluate a contractor’s “good-faith efforts,” refer to 5 NYCRR § 142.8.

The respondent understands that only sums paid to MWBE for the performance of a CUF, as defined in 5 NYCRR § 140.1, and that include responsibility for the execution of a distinct element of the work of the contract, evidencing the responsibilities and risks of the business owner, may be applied towards the achievement of the applicable MWBE participation goal. The portion of a subcontract with an MWBE serving as a broker which can be credited towards the goal shall be 25% of the sum paid on the subcontract.

For 100% federally funded contracts only:

OCFS strongly encourages MWBE participation. A contractor on any contract resulting from this procurement is encouraged to provide opportunities for meaningful participation by MWBE as subcontractors and suppliers for expenses incurred during the contract term whenever possible. The directory of certified MWBE can be viewed at New York State Contract System.

4.9.3 Contract Compliance

In accordance with 5 NYCRR § 142.13, the respondent further acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in a contract resulting from this IFB, such finding constitutes a breach of contract, and OCFS may withhold payment as liquidated damages.

Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums identified for payment to MWBE had the contractor achieved the contractual MWBE goals and (2) all sums actually paid to MWBE for work performed or materials supplied under the contract.

By submitting a proposal, a respondent agrees to demonstrate its good-faith efforts to achieve the applicable MWBE participation goals by submitting evidence thereof through the New York State Contract System provided, however, that a respondent may arrange to provide such evidence via a nonelectronic method by contacting OCFS.

Additionally, a respondent will be required to submit the following documents and information as evidence of compliance with the foregoing:

A. An MWBE Utilization Plan must be completed in the NYSCS within 20 days of receipt of award letter notification. Contracts will not be executed until the MWBE Utilization Plan has been approved in the NYSCS.

OCFS will review the submitted MWBE Utilization Plan and advise the respondent of OCFS acceptance or issue a notice of deficiency within 30 days of receipt.

B. If a notice of deficiency is issued, the respondent will be required to respond to it within seven business days of receipt by submitting to the OCFS a written remedy in response to the notice to contractcompliance@ocfs.ny.gov. If the written remedy that is submitted is not timely or is found by OCFS to be inadequate, OCFS shall notify the respondent and direct the respondent to submit, within five business days, a request for a partial or total waiver of MWBE participation goals. Failure to file the waiver form in a timely manner may be grounds for disqualification of the proposal.

OCFS may disqualify a respondent as being nonresponsive under the following circumstances:

a) If a respondent fails to submit an MWBE Utilization Plan.

b) If a respondent fails to submit a written remedy to a notice of deficiency.

c) If a respondent fails to submit a request for waiver.

d) If OCFS determines that the respondent has failed to document good-faith efforts.

The successful respondent will be required to attempt to use, in good faith, any MBE or WBE identified within its approved MWBE Utilization Plan during the performance of the contract. Requests to OCFS for a partial or total waiver of established goal requirements made after contract award may be made at any time during the term of the contract but MUST be made before submitting a request for final payment on the contract.

The successful respondent will be required to submit MWBE quarterly contractor compliance and payment audit reports to OCFS in the NYSCS by the 10th day following each end of quarter over the term of the contract, documenting the progress made toward achievement of the MWBE goals of the contract.

4.9.4 Equal Employment Opportunity (EEO) Requirements

By submitting a proposal in response to this solicitation, the respondent agrees with all terms and conditions of Appendix A – Standard Clauses for All New York State Contracts including Clause 12 - Equal Employment Opportunities for Minorities and Women. The respondent is required to ensure that it and any subcontractors awarded a subcontract for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the work), except where the work is for the beneficial use of the respondent, undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, color, national origin, sex, age, disability, or marital status. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services unrelated to the contract; or (ii) employment outside New York State.

The respondent will be required to submit an OCFS-3460, Minority- and Women-owned Business Enterprises (MWBE) and Equal Employment Opportunity Policy Statement, as referenced in Section 5.6 Submission of Proposals, to OCFS with its proposal.

If awarded a contract, respondent shall submit a Workforce Utilization Report and shall require each of its subcontractors to submit the same, in a format that OCFS requires, on a quarterly basis during the term of the contract.

Pursuant to Executive Order No. 162, contractors and subcontractors will also be required to report the gross wages paid to each of their employees for the work performed by such employees on the contract utilizing the Workforce Utilization Report on a quarterly basis.

Further, pursuant to Article 15 of the Executive Law (the Human Rights Law), all other state and federal statutory and constitutional non-discrimination provisions, the contractor and subcontractors will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status, or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest.

Please note: Failure to comply with the foregoing requirements may result in a finding of non-responsiveness, non-responsibility and/or a breach of the contract, leading to the withholding of funds, suspension, or termination of the contract or such other actions or enforcement proceedings as allowed by the contract.

4.10 Service-Disabled Veteran-Owned Business (SDVOB)

The Service-Disabled Veteran-Owned Business Act, signed into law by Governor Andrew M. Cuomo on May 12, 2014, allows eligible veteran business owners to become certified as a New York State Service-Disabled Veteran-Owned Business (SDVOB) to increase the participation of such businesses in New York State's contracting opportunities. The SDVOB Act, which is codified under Article 3 of Veterans’ Services Law, acknowledges that SDVOBs strongly contribute to the economies of the state and the nation. Therefore, consistent with its Master Goal Plan, OCFS has an established an agency goal of 6% and strongly encourages vendors who contract with OCFS to consider the utilization of certified SDVOBs that are responsible and responsive for at least 6% of discretionary non-personnel service spending in the fulfillment of the requirements of their contracts with OCFS. Such partnering may include utilizing certified SDVOBs as subcontractors, suppliers, protégés, or in other supporting roles to the maximum extent practicable, and consistent with the legal requirements of the State Finance Law and the Veterans’ Services Law. Certified SDVOBs may be readily identified through the directory of certified businesses at: Division of Service-Disabled Veterans' Business Development

4.11 Contractor Responsibility

If the awarded bid includes services provided by another firm, it shall be mandatory for the selected bidder to assume full responsibility for the delivery for such items offered in the bid. Should the selected bidder seek external financing, New York State reserves the right to approve the assignment of the purchase authorization contract for financing purposes. In any event, New York State will contract only with a bidder, not the bidder’s financing institution or subcontractor(s). New York State shall consider the selected bidder to be the sole responsible contact regarding all provisions of the purchase authorization contract resulting from this IFB. Should a bidder wish to subcontract its responsibilities under this solicitation, OCFS requests that the prime contractor/vendor obtain approval.

4.12 Multiagency Use

The purchase authorization contract entered into pursuant to an award resulting from this IFB shall contain a provision that grants the option to extend the terms and conditions of such purchase authorization contract to any other state agency in New York State.

4.13 Vendor Responsibility Requirements

All bidders should complete, certify, and file a New York State Vendor Responsibility Questionnaire. OCFS recommends that bidders file the required Vendor Responsibility Questionnaire online via the New York State VendRep System.