IFB 20484 Warehouse Disposal Service.pdf

IFB# 20484

Warehouse Disposal Service

Invitation for Bids (IFB) # 20484 solicited by the New York State Division of Homeland Security and Emergency

Services For

Issue Date: February 21, 2024 Bid Due Date: March 20, 2024, at 2:00 pm

Designated Contact: Alternate Contact:

Sean Jones Jessica Bearden

E-mail: rfpteam@dhses.ny.gov

E-mail: rfpteam@dhses.ny.gov mailto:rfpteam@dhses.ny.gov

Table of Contents

1. INTRODUCTION

1.1 Overview

1.2 Designated Contact

1.3 Key Events

1.4 Minimum Bidder Qualifications

1.5 Glossary of Terms

2. SCOPE OF WORK

2.1 General Scope Summary

2.2 Lot Descriptions & Facility Concerns

2.3 Service Requirements

2.4 Frequency of Pickups

2.5 Description of Waste/Recycled Products

2.6 Staffing Requirements

2.7 Background Checks

2.8 Prevailing Wage Rate Advisory Notice

2.9 OSHA (Occupational Safety & Health Administration) Training Requirements

2.10 Contractor’s Compensatory Liability

3. BID SUBMISSION

3.1 IFB Questions and Clarifications

3.2 Bid Format and Content

3.3 Bid Preparation

3.4 Packaging of IFB Response

3.5 Instructions for Bid Submission

4. ADMINISTRATIVE INFORMATION

4.1 Issuing Office

4.2 Method of Award

4.3 Price

4.4 Balanced Bids

4.5 Notification of Award

4.6 Price Adjustment (Escalation/De-escalation)

4.7 Term of Contract

4.8 Method of Payment

4.9 Electronic Payment

4.10 Examination of Contract Documents

4.11 Exceptions and Extraneous Terms

4.12 Rules of Construction

4.13 Reserved Rights

4.14 Extent of Services

5. CONTRACT CLAUSES AND REQUIREMENTS

5.1 Appendix A / Order of Precedence

5.2 Procurement Lobbying Requirement

5.3 Tax and Finance Clause

5.4 Freedom of Information Law / Trade Secrets

5.5 General Requirements

5.6 Subcontractors

5.7 Past Practice

5.8 Debriefings

5.9 Termination

5.10 NYS Vendor Responsibility

5.11 New York State Vendor File Registration

5.12 Ethics Compliance

5.13 Indemnification

5.14 Force Majeure

5.15 Encouraging Use of New York State Businesses in Contract Performance

Information Security Breach Participation Opportunities For New York State Certified Service-Disabled Veteran-Owned

Businesses

5.18 Sexual Harassment Prevention

Appendix A………..Standard Clauses for New York State Contracts

Appendix B………..Required Forms

Appendix C………..Sample Contract

Appendix D………..Insurance Requirements

Appendix E………..MWBE Requirements

Attachment 1………Bid Proposal Form

1. Introduction

1.1 Overview

The New York State Division of Homeland Security and Emergency Services (DHSES), through this Invitation for Bid (IFB), is seeking to acquire trash services for the disposal of unused but expired medical supplies and personal protective equipment (PPE) located in three warehouses throughout New York State. This scope of work includes three unique lots.

1.2 Designated Contact

In compliance with the Procurement Lobbying Law, Sean Jones, Contract Management Specialist 1, NYS Division of Homeland Security and Emergency Services, has been designated as the PRIMARY contact for this solicitation and may be reached by email for all inquiries.

Sean Jones, Contract Management Specialist 1 NYS Division of Homeland Security and Emergency Services 1220 Washington Avenue Building 7A, 5th Floor Albany, New York 12226 Email: rfpteam@dhses.ny.gov

In the event the designated contact is not available; the alternate designated contact is:

Jessica Bearden, Contract Management Specialist 3 NYS Division of Homeland Security and Emergency Services 1220 Washington Avenue Building 7A, 5th Floor Albany, New York 12226 Email: rfpteam@dhses.ny.gov

1.3 Key Events

The Table below outlines the schedule for important action dates.

DHSES Issues Invitation for Bid # 20484 February 21, 2024

Deadline for Submission of Bidder Questions March 6, 2024

DHSES Issues Responses to Written Questions (estimated) March 13, 2024

Bid Due Date/ Bid Opening Date March 20, 2024, at 2:00 pm

Anticipated Contract Start Date Upon OSC Approval

1.4 Minimum Bidder Qualifications

Bidders are advised that the State’s intent is to ensure that only responsive, responsible, qualified and reliable Contractors enter into a contract to perform the work as defined in this document.

The State considers the following qualification to be a pre-requisite to be considered a qualified bidder for purposes of the solicitation.

The following minimum requirement must be met by each bidder:

1) Bidding firm must be an established company, in business for two consecutive years, and capable of providing trash removal services.

1.5 Glossary of Terms

“Bid”, “Proposal”, or “Response” shall mean the bidder’s submitted response to this solicitation including any technical, administrative, or pricing elements set forth herein.

“Commissioner” shall mean the Commissioner of the Division of Homeland Security and Emergency Services or duly authorized representative.

“Contractor” shall mean a successful company awarded a contract pursuant to this IFB.

“Invitation for Bid”, “IFB”, or “Solicitation” shall mean this document.

“Issuing Office” shall mean the Division of Homeland Security and Emergency Services State Finance Office.

“Facility Manager”, and/or their chosen designee in their absence, is the DHSES employee responsible for the day-to-day operation and safety of the buildings and grounds on which the work is being performed.

“Offeror”, “Proposer” or “Bidder” shall mean any person, partnership, firm, corporation or other authorized entity submitting a bid to the State pursuant to this IFB.

The “State” shall mean The People of the State of New York, which shall also mean the New York State Division of Homeland Security and Emergency Services.

2. Scope of Work

2.1 General Scope Summary

The Contractor shall provide Warehouse Disposal Service for one or more of the three warehouse facilities located throughout New York State.

2.2 Lot Descriptions & Facility Concerns

Warehouse Disposal Services shall be provided at the locations stated in the lots below.

Lot 1- Hopewell Junction Warehouse:

The Hopewell Junction Warehouse is located at 2070 NY-52, Hopewell Junction, New York. This location has two 48” loading docks.

Lot 2- Amsterdam Warehouse:

The Amsterdam Warehouse is located at 28 Park Drive, Amsterdam, New York. This location has eight 48” loading docks.

Lot 3- Geneva Warehouse:

The Geneva Warehouse is located at 2916 Lyons Road, Geneva, New York. This location has seven 48” loading docks.

2.3 Service Requirements

For each of the above listed lots the Contractor(s) shall provide 48' - 53' trailers for the disposal of municipal waste including unused medical supplies and PPE. All provided trailers must be compatible with loading by forklifts from the docks described in Section 2.2 Lot Descriptions & Facility Concerns.

The contractor shall provide for the transit of the empty trailers to the loading docks of the facilities, transit of the full trailers to appropriate disposal locations, and facilitation of the offloading and ultimate disposal of the waste. This solicitation does not include the loading of the trailers; the Contractor will not load trailers and no DHSES loading equipment will be available to the contractor.

Bidder shall comply with all applicable laws, ordinances, rules and regulations of any governmental entity in conjunction with the performance of obligations under the Contract, including but not limited to, any required permits or licenses.

2.4 Frequency of Pickups

It is expected that pickups will routinely occur not less than once daily, Monday through Friday between the hours of 7:00am and 3:00pm, excluding holidays. The facilities will not be open during the following State holidays:

• NEW YEAR’S DAY • LABOR DAY

• MARTIN LUTHER KING, JR.’S BIRTHDAY • COLUMBUS DAY

• WASHINGTON’S BIRTHDAY • VETERAN’S DAY

• MEMORIAL DAY • THANKSGIVING DAY

• JUNETEENTH

• INDEPENDENCE DAY

• CHRISTMAS DAY

DHSES reserves the right to:

1. Adjust the pickup schedule according to the needs of the facility.

2. Determine, increase, and decrease the frequency of daily pickups.

2.5 Description of Waste/Recycled Products

Material for disposal is classified as Municipal Solid Waste consisting of unused medical supplies and PPE including but not limited to exam gloves, wet skin scrub trays, medical gowns, non-surgical masks, surgical masks, N-95 respirators, face shields, test tubes, saline bags, lactated ringers, and viral transport media kits.

It is mandatory that the contractor accept whole and unbroken-down pallets of material in the trailers.

Additionally, the contractor must accept full unused lactated ringers and containers of unused medical saline solution that qualify as municipal waste.

2.6 Staffing Requirements

The Division of Homeland Security and Emergency Services expects that all services will be conducted diligently and effectively under the oversight of DHSES staff. Further, it is expected that:

1) All Contractor’s staff shall conduct themselves in a professional manner with DHSES staff and with the general public.

2) All Contractor’s staff shall comply with all rules and requirements of this contract, including the drug and alcohol policies (Refer to Section 5.5– General Requirements).

All Contractor’s employees must be easily identifiable as a contract employee. In addition, Contractor’s employees may be required to have identification badges and if so, badges are to be worn at all times while on-site to perform contract services.

2.7 Background Checks

Requirements of this clause apply to the Contractor performing on-site work for DHSES. Background checks shall be performed at no additional cost to the State. The cost to the Contractor for performing requirements of this section shall be taken into consideration when the bidder calculates its bid prices in response to this solicitation. The Contractor shall not be entitled to charge separately, or otherwise be reimbursed, for any costs incurred in complying with this background check requirement.

For purposes of this clause, the following definitions apply:

On-Site: ``On-site'' refers to any State-owned or leased space open to the public or at which State business operations are conducted.

Suitability: ``Suitability'' refers to identifiable character traits and past conduct that are reasonably sufficient to indicate whether a given individual is likely to be able to perform the requirements of a contract at DHSES on-site locations without undue risk to the interests of the State.

Suitability determination: A ``suitability determination'' is a determination that there are reasonable grounds to believe that an individual will likely be able to perform the contract requirements on-site without undue risk to the interests of the State.

Applicability

Contractors shall perform background checks and make suitability determinations on contractor employees before the individual employees can perform on-site contract services for DHSES.

Contractor shall maintain a continuous list of background checks and suitability determinations noted above and shall provide this list to the Facility Manager prior to the contract commencement date. The list shall be updated and resubmitted to the Facility Manager as changes occur, continually keeping the Facility Manager updated.

The Commissioner of DHSES, or his or her designee (the “Commissioner”), on a case-by-case basis, may, either temporarily or permanently, waive the requirements of this clause, in whole or in part, if they determine in writing that background checks and suitability determinations are not necessary at a specific location, or for a specific individual, in order to protect the State's interests.

Background Check

The Contractor is responsible for completing background checks and making suitability determinations on its employees prior to the employees beginning on-site work. Compliance with the requirement for performing a background check and making a suitability determination shall not be construed as providing a contractor employee clearance to secured areas. Contractors are required to maintain records of background checks and suitability determinations for the term of the contract, and to make them available to the State when requested.

At a minimum, the background check and suitability determination must include an evaluation of:

1. Verification that the individual is not listed on a national watched person database. The following link has information about data available https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx. The following link has a PDF file of a list of

SPECIALLY DESIGNATED NATIONALS AND BLOCKED PERSONS

https://www.treasury.gov/ofac/downloads/sdnlist.pdf;

2. Criminal History checks to be performed either by using a national database that contains criminal histories and supplement this search by checks of NYS Office of Court Administration (“NYSOCA”) and comparable searches of states where the person has lived, worked, or attended school during the past 5 years; OR by obtaining the record of convictions from NYSOCA directly and from their equivalents from other states where the person might have lived, worked, or attended school during the last 5 years;

3. DMV driving records;

4. Social Security Number trace;

5. Verification of U.S. citizenship or legal resident status; and

6. Residence (past 3 years) (should be requested on employment application to compare against data from DMV license and other searches for verification);

Background Check Guidelines

In making a suitability determination, the contractor shall consider the following factors and evaluate them against the work to be performed, the performance location, and the degree of risk to the State:

1. Any loyalty or terrorism issue;

2. Patterns of conduct (e.g., alcohol/drug abuse, financial irresponsibility/major liabilities, dishonesty, unemployability for negligence or misconduct, criminal conduct);

3. Dishonorable military discharge;

4. Felony and misdemeanor offenses; and

5. Employment related misconduct involving dishonesty, criminal or violent behavior.

https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx https://www.treasury.gov/ofac/downloads/sdnlist.pdf

The Contractor shall evaluate any adverse information about an individual by considering the following factors before making a suitability determination:

1. The nature, extent, and seriousness of the conduct;

2. The circumstances surrounding the conduct;

3. The frequency and recency of the conduct;

4. The individual's age and maturity at the time of the conduct;

5. The presence or absence of rehabilitation and other pertinent behavior changes;

6. The potential for pressure, coercion, exploitation, or duress;

7. The likelihood of continuation of the conduct;

8. How, and if, the conduct bears upon potential job responsibilities; and

9. The employee’s employment history before and after the conduct.

Each suitability determination should be documented in a narrative. If negative items are mitigated by subsequent passage of time or completion of any relevant programs that are rehabilitative in nature, this rationale should be included in the narrative. A negative suitability determination must be supported by a finding that the adverse information has a direct bearing on the potential job duties or that it is deemed sufficiently serious to bar the employee from a State site.

Employee Removal

Whenever a contractor becomes aware that any employee working at an on-site location under a DHSES contract becomes an unacceptable risk to the State; the contractor shall immediately remove that employee from the site, notify the Commissioner that such a removal has taken place, and replace them with a qualified substitute immediately. If the approval of the Commissioner was initially required for the removed employee, Commissioner approval is required for the replacement employee.

Commissioner Notification

Prior to commencement of on-site contract performance, the contractor shall notify the Commissioner that the background checks and suitability determinations required by this clause have been completed for affected individuals.

2.8 Prevailing Wage Rate Advisory Notice

DOL Article 9 - Prevailing Rate Case Number PRC# 2023901230 has been assigned to the project.

The NYS Department of Labor has determined that the prevailing wage title applicable to this contract is for Trash and Refuse Removal.

Contractors are reminded that the payment of prevailing wages and supplements is a requirement of ALL contracts for public works. Information indicating that prevailing wages are not being paid on a public works project will be forwarded to the New York State Department of Labor for investigation.

Contractors are reminded that the payment of prevailing wages and supplements is a requirement of ALL contracts for public works. Information indicating that prevailing wages are not being paid on a public works project will be forwarded to the New York State Department of Labor for investigation. Willful violations of the prevailing wage provisions of the Labor Law may result in debarment from the bidding and award of public contracts. NOTE: All public works contracts, regardless of dollar value, require the payment of prevailing wages and supplements.

Contractors are required to supply each of their subcontractors with copies of the prevailing rate schedule and to obtain an affidavit acknowledging receipt and agreeing to pay required wages before entering into a subcontract. Contractors are responsible for assuring that their subcontractors pay prevailing wages and supplements. NOTE: Contractors are further required to post the prevailing wage rates at the work site on bulletin boards provided by the Facility Manager and inform employees of the posting. Facility Managers will enforce this provision.

Contractors are advised that the Division of Homeland Security and Emergency Services may make random inquiries of employees of both prime and subcontractors as to the rate of wages being paid and may request certified copies of one or more weekly payrolls of a contractor or any subcontractor to verify proper payment of wages. Any discrepancy found in information supplied will be reported to the Department of Labor for investigation.

2.9 OSHA (Occupational Safety & Health Administration) Training Requirements

Facility Manager’s Obligations Prior to beginning contract work/work assignment, the Facility Manager or Designee shall inform or make available the Contractor/Contractor’s representative(s) of the known specific hazard(s) and chemical(s) they may encounter while performing their contract obligations. For example; testing of materials may be performed, or previous reports may be available to inform on the location of Asbestos Containing Materials, lead or other environmental concerns if present, and any site-specific work practices that may be necessary to conduct work safely and in compliance with federal or state standards and DHSES procedures such as those involving Lockout/Tagout and electrical procedures.

The Contractor/Contractor’s Representative(s) shall also be provided with information about the use and provisions for Personal Protective Equipment required for the work. Contractor/Contractor’s Representative shall provide a signed acknowledgement to the Facility Manager or Designee that they were provided with this information.

Contractor / Contract Employee Obligations General Contract Obligations:

These requirements only apply to on-site work at a State property.

Prior to or upon first reporting to the work location for assignment, the Contractor/Contractor employee(s) and employees of Subcontractors must present to the Facility Manager or Designee proof of completion of the OSHA required training for the following, topic areas including but not limited to:

1. OSHA 10-hour training for work in construction or related assignments

2. Hazard Communication,

3. Personal Protective Equipment.

For environmental health and safety emergencies, an emergency contact must be provided for the facility manager or designee to contact prior to any work commencing. Any changes to this contact, including name and or contact information must be communicated to the DHSES Designee immediately.

Specific Field-of-Work Requirements In circumstances where specific OSHA or NYS Department of Labor regulated work is required, the Contractor/Contract Employee(s) shall have all pertinent and up-to-date certifications beyond the “awareness” level as required by regulations for the specific work. On-site employee(s) will be trained to do the work, supervised by higher knowledge/training, as required by OSHA/DOL regulations.

It is the Contractor’s responsibility to provide the Facility Manager or Designee with all employee updates and/or renewals for the above general contract obligations and specific field of work requirements specified training.

The Contractor must coordinate with DHSES to be informed of the site’s Emergency Action Plan.

Note: Contractor’s/Contractor’s Employee(s) and employees of Subcontractors failure to provide such documentation to the Facility Manager or Designee upon or prior to employee reporting to their initial work assignment may result in DHSES rejecting the employee(s) until that documentation is provided.

2.10 Contractor’s Compensatory Liability

In the event that the Contractor fails to complete any of the specified services within the timeframe required, DHSES reserves the right to have such work completed either by another Contractor or with in-house staff. In any such event, the Contractor shall be liable to reimburse DHSES for all costs incurred to complete the work. DHSES further reserves the right to collect such reimbursement from any outstanding payments due to the Contractor.

3. Bid Submission

3.1 IFB Questions and Clarifications

There will be an opportunity for submission of questions and/or requests for clarification. Questions and/or clarifications must be submitted via email to the Designated Contact:

Sean Jones, Contract Management Specialist 1 NYS Division of Homeland Security and Emergency Services 1220 Washington Avenue Building 7A, 5th Floor Albany, New York 12226 Email: rfpteam@dhses.ny.gov

All questions must cite the particular page, section, and paragraph number, where applicable. Please submit questions as early as possible following receipt of the IFB. The final deadline for submission of any questions/clarifications regarding this IFB is listed in Section 1.3 – Key Events. Questions received after the deadline may not be answered. DHSES will post an addendum on the New York State Contract Reporter https://www.nyscr.ny.gov/ with all questions and responses on or about the date listed in Section

1.3 – Key Events. Any additional addenda will be posted to the same location.

3.2 Bid Format and Content

In order for the State to evaluate bids fairly and completely, bidders should follow the format set forth herein and should provide all of the information requested. All items identified in the following list should be addressed as concisely as possible in order for a bid to be considered complete. Failure to conform to the stated requirements may necessitate rejection of the bid.

1. Cover Letter. The cover letter must confirm that the bidder understands all the terms and conditions contained in this IFB and will comply with all the provisions of this IFB. Further, that should the contract be awarded to your company, you would be prepared to begin services on the date indicated in Section 1.3 – Key Events. The cover letter must include the full contact information of the person(s) NYS DHSES shall contact regarding the bid and must also include the name(s) of principal(s) of the company responsible for this contract, their function, title and number of years of service with company. A bidder representative authorized to make contractual obligations must sign the cover letter. The letter must also state whether or not subcontractors will be used, and the name and address of each proposed subcontractor.

2. Minimum Qualifications. Bidders must provide self-attestation of meeting the minimum qualification as stated in Section 1.4.

3. Experience & Operational Plan: Bidders must describe their capabilities to provide the services required in this IFB by providing the following:

a. A description of Bidder’s experience in and capability to provide the specified services.

b. Staffing plan, including the use of any subcontractors.

4. Pricing. Bidders shall submit a completed Bid Proposal Form (Attachment 1) for each Lot on which they wish to bid. Each item must be complete with no entries omitted. Bidder shall not provide alternative pricing or deviate from the Bid Proposal Form. Alternative pricing methodologies will not be considered and will result in the rejection of the bid. Subcontractor bids should be included as an attachment with the Bid Proposal Form. (Please see Section 5.6 Subcontractors)

5. Administrative Submission.

a. All required completed forms from IFB Appendix B.

b. Signed bid addenda (if any) https://www.nyscr.ny.gov/

c. Important Notes:

i. Insurance – Bidders are reminded of the insurance requirements as described in

Appendix D. The selected Bidder will be required to provide all necessary documentation upon notification of selection.

ii. M/WBE & EEO Requirements- Proposers are reminded of the requirements as described in Appendix E.

iii. SDVOB Requirements- Proposers are reminded of the requirements as described in Section 5.17.

6. Vendor Responsibility - Bidders are reminded of the requirement as described in Section 5.10 and are requested to complete the online questionnaire located on the OSC VendRep System website prior to bid submission. If the vendor has previously certified responsibility online, it shall ensure that the questionnaire was recertified in the last 6 months.

7. Document Consistency - An award will only be made to the entity which has submitted a bid. All submitted documents (including but not limited to FEIN and NYS Vendor ID number) must be consistent with official name of bidding entity. Note: DHSES reserves the right to request any additional information deemed necessary to ensure that the bidder is able to fulfill the requirements of the contract.

3.3 Bid Preparation

All bids must be completed in ink or machine produced. Bids submitted handwritten in pencil will be disqualified.

3.4 Packaging of IFB Response

Required Submission Items Submit the following items to DHSES:

1. One PDF copy of the Bid Proposal Form (Attachment 1)

2. One PDF copy of the Cover Letter; Minimum Qualifications information; Experience and

Operational Plan

3. One PDF copy of the Administrative Submission

Format of Submission Items

1. Documents must be submitted as electronic copies in the format specified for each document

(e.g., PDF, Excel) as detailed above.

2. Each document filename should contain the Solicitation number, Bidder’s Corporate Name, and the name of the submission item as indicated above (Bid Proposal Form, Cover Letter, etc.).

3. Electronic copies of documents provided in PDF format should be saved as an Adobe Acrobat

PDF, and then converted to allow for Optical Character Recognition (OCR) (see https://www.adobe.com/acrobat/how-to/ocr-software-convert-pdf-to-text.html).

4. Electronic copies should be unlocked and not require a password to open.

Signature and Notary Requirements All documents must be completed in accordance with the instructions for the individual document, which may include an original wet ink signature or an original notarized wet ink signature. At this time, DHSES cannot accept an eSignature that has been generated by software. Any required notarizations for proposal documents must be obtained by the bidder and an electronic copy of the notarized forms must be submitted with the bid.

The Bidder is responsible for retaining the original documents with original signatures that have been scanned and submitted electronically until a determination of award is made. If an award is made to a Bidder, the documents with original signatures shall be retained by the Bidder for a period of six (6) years https://www.adobe.com/acrobat/how-to/ocr-software-convert-pdf-to-text.html after the term of the contract has ended. Bidder shall submit such documents with original signatures to DHSES upon request.

3.5 Instructions for Bid Submission

General Submission Instructions

1. Only Bidders who furnish all required information and meet the minimum bidder qualifications will be considered.

2. Hardcopy bid submissions are not acceptable and will not be considered.

3. The State of New York will not be held liable for any cost incurred by the Bidder for work performed in the preparation and production of a bid or for any work performed prior to the formal execution and approval of a contract.

4. Bid submissions for this procurement must only contain bid proposals for this specific opportunity and bidders must submit only one bid proposal per submission email.

Address for Email Submission Submit all required bid documents to the NYS Division of Homeland Security and Emergency Services at the following email address: 20484bids@dhses.ny.gov Email Submission Instructions

1. The subject line of the email submission should contain the Bidder’s Corporate Name and the following Solicitation title: Bid # 20484 – Warehouse Disposal Service

2. If multiple emails are required for a single submission due to the size of attachments prohibiting submission in a single email, each email should indicate both its sequence number and the total number of emails in the submission e.g., 1 of 2.

3. Bid proposals must be attached to the email in a manner that results in the electronic document(s) being transmitted with the email. The bid proposal must be received by DHSES secure email servers to be considered properly received. Clickable links to download the bid proposal 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 proposal to DHSES.

4. Email delivery or read receipts are recommended. DHSES will provide a confirmation email that the bid has been received. Bidders are responsible for contacting DHSES prior to the deadline if confirmation has not been received.

5. Bids that cannot be read, require a password (are locked), are incomplete, contain any omissions, erasures, alterations, additions or items not required by the Solicitation, or that contain irregularities of any kind may be rejected.

Submission Modifications and Withdrawals Bidders may modify, in writing, the content of their bid at any time prior to the bid due date and time, however a complete re-submission of all bid documents is required. DHSES will not substitute sections of a bid. The email should state that the previous bid(s) submitted are withdrawn. If multiple bid submissions are received from a single bidder and withdrawal of previous bid submissions is not clearly indicated, DHSES will only consider the latest bid submitted for award. Bids may be withdrawn or canceled before the bid due date and time.

Late Bids Bids must be received at the above email address at or before 2:00 PM on the date indicated in Section 1.3 - Key Events. The received time of bids will be determined by the timestamp of the received email. Bidders assume all risks for timely, properly submitted submissions.

Any Bid received at the designated email address after the established time will be considered a Late Bid. A Late Bid may be rejected and disqualified from award. Notwithstanding the foregoing, a Late mailto:20484bids@dhses.ny.gov

Bid may be accepted in the Commissioner’s sole discretion where (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 Bidder. However, in no event will the Commissioner be under any 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 open and valid for 90 days from the due date, unless the time for awarding the contract is extended by mutual consent of NYS DHSES and the Bidder. A bid shall continue to remain an effective offer, firm and irrevocable, subsequent to such 90-day period until either notification of award of the contract(s) is provided by the Issuing Office (Section 4.5 Notification of Award) or the bid is withdrawn in writing by Bidder.

State Property This Solicitation remains the property of the State at all times, and all responses to this Solicitation, once delivered, become the property of the State.

4. Administrative Information

4.1 Issuing Office

This IFB is being released by the New York State Division of Homeland Security and Emergency Services, State Finance Office.

4.2 Method of Award

One contract shall be awarded per lot under this solicitation. Should the same contractor be awarded more than one lot, a single contract for those lots may be awarded. DHSES intends to make an award to the lowest responsive and responsible bidder for each lot. The lowest bidder shall be determined by the Grand Total Bid as represented on Attachment 1 – Bid Proposal Form.

A contract will be sent to each successful Bidder for signature and shall be returned to the Issuing Office for all necessary State approvals. Upon final approval, a completely executed contract will be delivered to the Contractor.

The Grand Total bid amount of the successful Bidder shall be used to establish the total contract value. The established total contract value shall not be exceeded.

4.3 Price

Bidders must provide pricing (or identify no charge) for all items on each Bid Proposal Form. All quantity and frequency estimates below are for evaluation purposes only and should not be construed as a guarantee of work. Any alterations, qualifiers, etc. will result in rejection of the bid.

Each Bid Proposal for each lot must include:

Item 1: Tipping Fee

Item 1: Per Ton

• A fee charged for the disposal of waste at a waste processing facility. Tipping fees may also be referred to as Disposal Fees, Dump Fees, or Gate Fees. This per ton fee will be multiplied by the estimated total tonnage of waste per lot to determine the Item 1 total.

Item 2: Hauling Charge

Item 2: Per Pickup

• A fee charged by the Contractor for delivery of an empty trailer, pick-up of a full trailer, and disposal of the waste. This per pickup fee will be multiplied by the estimated total required pickups per lot to determine the Item 2 total.

Item 3: Grand Total

Item 3: Grand Total

• Shall be the Grand Total Bid per lot, the sum of Item 1 and Item 2 and will be used to determine the contract value.

Note: This contract will be awarded by lot. Bidders shall not tie pricing of one lot to another. Each lot shall be priced as if a separate solicitation was let for each lot.

The prices bid shall be inclusive of all costs to provide service including labor, travel, licenses, insurance, administrative, profit, overhead and other ancillary costs. Details of service not explicitly stated in these specifications, but necessarily attendant thereto, are deemed to be understood by the Contractor and included herein.

If the Bidder offers an early payment discount for payments made in less than 30 days after receipt of a proper invoice, please detail the discount by providing, in the appropriate place on Attachment 1 - Bid Proposal Form, the percentage of discount and the specific number of days within which the payment must be made for the discount to apply. If Bidder offers multiple discounts, please provide the details for each discount offered (for example: 2%/15 days; 1%/20 days).

A discount for early payment does not affect bid amounts nor is it considered in making awards, except that a discount may be considered in resolving tie bids.

The Contractor agrees that from the effective date of the contract until contract termination, the rates charged by the Contractor and paid for by NYS DHSES will be equal to or lower than any rates provided by the Contractor to other customers for like services.

4.4 Balanced Bids

Prices quoted must be in balance. A bid is mathematically unbalanced if the bid is structured on the basis of nominal prices for some work and inflated prices for other work; that is, each element of the bid must carry its proportionate share of the total cost of the work plus profits.

Bids with extreme variations, or where obvious unbalancing of unit prices has occurred, will be thoroughly evaluated by DHSES. Out-of-balance bids may be rejected in whole or in part; however, DHSES reserves the right to negotiate prices with the bidder to balance unbalanced pricing.

4.5 Notification of Award

After the evaluation, all Bidders will be notified of the name the selected Bidder for each lot. The selected Bidder(s) will be notified that their submitted bid has been selected and that a contract will be forthcoming for execution. The original bid, and any additions or deletions to the proposal become part of the contract.

Public announcements or news releases pertaining to any contract resulting from this solicitation shall not be made without prior approval from the Issuing Office.

4.6 Price Adjustment (Escalation/De-escalation)

The Contractor is to submit a bid that will be fixed for one year only. On the anniversary date of the contract, the Contractor may be granted an increase or decrease in their bid, dependent upon fluctuations in the Consumer Price Index (CPI) for All Items, (Northeast), as published by the U.S. Department of Labor, Bureau of Labor Statistics, Washington, D.C. 20212. Visit their website at http://www.bls.gov/data/.

The ‘base’ month for determining adjustments will be the third month prior to the start date of the contract.

The base month is fixed and will not be adjusted year to year. The adjustments will be based on the difference in the base month CPI for each applicable year and will become effective in the anniversary month. For example, if the contract is awarded in September 2023, the ‘base’ month will be June. The contract allows for an adjustment after the first year, it would be based on the difference between the June 2023 CPI and the June 2024 CPI and become effective in September 2024.

The Consumer Price Index is published around the middle of each month for the prior month (i.e., the January figure is not published until mid-February). The Contractor has the sole responsibility to request, in writing, a rate adjustment. This request must be received within three months of the base month. As long as the request is submitted and received within the required time frame, the adjustment will be processed using the base month Consumer Price Index. Once approved, the Contractor will be notified in writing. Contractor shall not submit revised invoices until such notification, at which point an invoice may be submitted for any retroactive difference owed.

Requests should be sent to the Contract Administrator at: ifbteam@dhses.ny.gov Should a Contractor fail to submit their request, within three months of the applicable base month date, http://www.bls.gov/data/ mailto:ifbteam@dhses.ny.gov

Contractor shall be deemed to have waived their right to any increase in price. For the avoidance of doubt, the State shall not be barred from making the appropriate adjustment in the case of a decrease determined in accordance with the above methodology.

4.7 Term of Contract

This contract will commence upon OSC approval and be in effect until November 1, 2025, unless sooner terminated as herein specified. See Section 5.9 - Termination.

4.8 Method of Payment

Invoices will be processed in accordance with established procedures of the Office of General Services and the Office of the State Comptroller (OSC) and payments will be subject to the prompt payment provisions of Article XI-A of the New York State Finance Law.

Each company invoice must be itemized and include the following information: Name of NYS agency being billed; Contract ID number; Purchase Order number; Vendor name; Company FEIN; Vendor ID number; a unique invoice number; date(s) of service(s), the specific deliverable(s) worked on; a detailed description of services performed; and $ amount requested in accordance with contract or PO rates.

Invoices without the above stated information will be returned to Contractor to be completed as required in the paragraph above. Payment will not be issued and will not be due and owing until a corrected invoice is received and approved by DHSES.

Applicable transfer station weight receipts and tare slips should be submitted with all invoices for tonnage charges; failure to submit such documentation may result in rejection of invoices and delay in payment until such documentation is received by DHSES.

All Invoices are to be submitted for payment to:

BSC / Accounts Payable 1220 Washington Ave., Bldg. 5, 5th Fl Albany, New York 12226 Or email: Accountspayable@ogs.ny.gov

MANDATORY: A copy of the invoice must simultaneously be sent to the DHSES Finance Office for review and approval at the following address below. Payment cannot be processed until a designated DHSES staff member has approved each invoice.

NYS DHSES Finance Attn: Accounts Payable -or- DHSES.Finance@dhses.ny.gov 1220 Washington Avenue Building 7A, 5th Floor Albany, NY 12226

4.9 Electronic Payment

Contractor shall provide complete and accurate billing invoices in order to receive payment. Billing invoices submitted must contain all information and supporting documentation required by the contract, the agency, and the State Comptroller. Payment for invoices submitted by the Contractor shall only be rendered electronically unless payment by paper check is expressly authorized by the Commissioner, in the Commissioner’s sole discretion, due to extenuating circumstances. Such electronic payment shall be made in accordance with ordinary State procedures and practices. The Contractor shall comply with the State Comptroller’s procedures to authorize electronic payments. Information is available at the following website: http://www.sfs.ny.gov/index.php/vendors, by e-mail at Helpdesk@sfs.ny.gov, or by phone at 518-457-7717. Contractor acknowledges that it will not receive payment on any invoices submitted under mailto:Accountspayable@ogs.ny.gov mailto:DHSES.Finance@dhses.ny.gov http://www.sfs.ny.gov/index.php/vendors mailto:Helpdesk@sfs.ny.gov this Contract if it does not comply with the State Comptroller’s electronic payment procedures, except where the Commissioner has expressly authorized payment by paper check as set forth above.

Please note that in conjunction with New York State’s implementation of a new Statewide financial system, the Office of the State Comptroller requires all vendors doing business with New York State agencies to complete a substitute W-9 form. Vendors registering for electronic payment can complete the W-9 form when they register. Vendors already registered for electronic payment are requested to go to the above website and complete the Substitute W-9 form and submit following the instructions provided.

4.10 Examination of Contract Documents

1. Each Bidder is under an affirmative duty to inform itself by personal examination of the specifications of the proposed work and by such other means as it may select, of the character, quality and extent of the work to be performed and the conditions under which the contract is to be executed.

2. Each Bidder shall examine specifications and all other data or instruction pertaining to the work. No pleas of ignorance of conditions that may be encountered or of any other matter concerning the work to be performed in the execution of the contract will be accepted by the State as an excuse for any failure or omission on the part of the Bidder to fulfill every detail of all the requirements of the documents governing the work. The Bidder, if awarded the contract, will not be allowed any extra compensation by reason of any matter or thing concerning which such Bidder might have fully informed itself prior to bidding.

3. Any Bidder in doubt as to the true meaning of any part of the specification or the proposed contract documents shall submit to Sean Jones, NYS Division of Homeland Security and Emergency Services, 1220 Washington Avenue Building 7A, 5th Floor, Albany, New York 12226 or e-mail:

rfpteam@dhses.ny.gov a written request for an interpretation thereof. If a major change is involved to which all bidders must be informed, such request for interpretation shall be delivered, in writing, no later than the question due date listed in Section 1.3 – Key Events. Any interpretation of the proposed documents will be made only by an addendum duly issued.

4. Any addendum issued prior to the ‘Proposal Due Date’ as stated in Section 1.3 - Key Events, must be acknowledged by signature, dated and be submitted as part of the Administrative Proposal. In awarding a contract, any addenda will become a part thereof.

5. Any verbal information obtained from, or statements made by, representatives of the Commissioner at the time of examination of the documents, pre-bid conference, or site visit shall not be construed as in any way amending contract documents. Only such corrections or addenda as are issued, in writing, to all Bidders shall become a part of the contract.

4.11 Exceptions and Extraneous Terms

The Issuing Office will consider all requests to waive any solicitation requirement. The term “solicitation requirement” as used herein shall include any and all terms and conditions included in the solicitation documents. Bidders should be aware that failure to obtain a waiver of any proposal requirement in advance of bid submission, and/or inclusion of extraneous terms in the form of exceptions, assumptions, qualifiers, ranges, modifications, etc. with bid submission, may result in rejection of Bidder’s proposal and disqualification from the bidding process.

Bidders wishing to obtain an exemption or waiver for any part of this solicitation must contact the Issuing Office in writing by the ‘Questions Due Date’ as identified in the Section 1.3 - Key Events. The request must cite the specific section and requirement in question, and clearly identify any proposed alternative.

Requests will be considered and responded to in writing, either with the ‘Answers to Questions’ as identified in the Key Events section (if the response results in a change to the solicitation), or directly to the requesting vendor.

4.12 Rules of Construction

Words of the masculine and feminine genders shall be deemed and construed to include the neuter gender. Unless the context otherwise indicates, the singular shall include the plural and vice versa, and words importing persons shall include corporations and associations, including public bodies, as well as natural persons. The terms “hereby,” “hereof,” “hereto,” “herein,” “hereunder,” and any similar terms, as used in this IFB refer to this IFB.

4.13 Reserved Rights

The New York State Division of Homeland Security and Emergency Services reserves the right to:

1. Reject any and all bids received in response to this Solicitation.

2. Disqualify a Bidder from receiving the award if the Bidder, or anyone in the Bidder's employ, has previously failed to perform satisfactorily in connection with public bidding or contracts.

3. Correct Bidders’ mathematical errors and waive or modify other minor irregularities in bids received, after prior notification to the Bidder.

4. Adjust any Bidder's expected costs of the bid price based on a determination of the evaluation committee that the selection of the said Bidder will cause the State to incur additional costs.

5. Utilize any and all ideas submitted in the bids received.

6. Negotiate with Bidders responding to this Solicitation within the Solicitation requirements to serve the best interests of the State.

7. Begin contract negotiations with another bidding Contractor(s) in order to serve the best interests of the State of New York should the State of New York be unsuccessful in negotiating a contract with the selected Contractor within 21 days of selection notification.

8. Waive any non-material requirement not met by all Bidders.

9. Not make an award from this Solicitation.

10. Make an award under this Solicitation in whole or in part.

11. Make multiple contract awards pursuant to the Solicitation.

12. Have any service completed via separate competitive bid or other means, as determined to be in the best interest of the State.

13. Seek clarifications of bids.

14. Disqualify any Bidder whose conduct and/or bid fails to conform to the requirements of the IFB.

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

16. Waive any requirements that are not material.

17. If two or more bids are found to be substantially equivalent, the Commissioner of DHSES, at their sole discretion, will determine award using the pre-established process. For best value procurements, cost will be the determining factor.

18. DHSES reserves the right to reject and bar from the facility any employee hired by the Contractor.

4.14 Extent of Services

DHSES reserves the right to re-negotiate at its discretion, to reduce the amount of services provided under any contract resulting from this solicitation. This reduction in services shall be effectuated by written amendment to the contract and subject to approval by the Office of the State Comptroller.

5. Contract Clauses and Requirements

5.1 Appendix A / Order of Precedence

Appendix A — Standard Clauses for New York State Contracts, dated June 2023, attached hereto, is hereby expressly made a part of this solicitation document as fully as if set forth at length herein. The agreement resulting from a successful award will include the following documents. Conflicts between these documents will be resolved in the following descending order of precedence:

1. Appendix A (dated June 2023)

2. Contract Service Agreement

3. DHSES Invitation for Bids # 20484 including any Addenda

4. Selected Contractor’s Bid…