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

INVITATION FOR BIDS

IMPORTANT: SEE “NOTICE TO BIDDERS” CLAUSES ON PAGE 14

BIDS MUST BE SENT TO THE ABOVE ADDRESS ONLY

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

BID OPENING

DATE: September 10, 2026

TIME: 2:00 PM (EST)

TITLE: UPHOLSTERY AND PANEL FABRICS (Auburn CFI, Clinton CFI, Green Haven CFI, and Central Office)

INVITATION FOR BIDS NUMBER:

#2525

SPECIFICATION REFERENCE:

As Incorporated Herein

CONTRACT PERIOD:

October 1, 2026 (pending OSC approval) through September 30, 2029 with two (2) renewal options

ADDRESS INQUIRIES TO:

Renate Sanders, Contract Management Specialist 1 E-mail address: Corcraft.ProcurementServices@doccs.ny.gov

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

Procurement Lobbying: https://ogs.ny.gov/acpl Bidders are requested to retain Appendix A and Appendix B for future reference.

Bidder's Federal Tax Identification No.:

(Do Not Use Social Security Number)

NYS Vendor Identification Number:

(See ”New York Vendor File Registration Clause”)

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

(check all that apply): ____ # Employees Business

NYS Certified Minority NYS Certified Women Owned Business Owned Business

Legal Business Name of Company Bidding:

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

Street City State Zip County

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

__________________% Cash Discount for payment within 15 days of delivery and/or receipt of voucher __________________% Cash Discount for payment within 30 days of delivery and/or receipt of voucher

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

WE ARE UNABLE TO BID AT THIS TIME BECAUSE______________________________________________.

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

Title:

Printed or Typed Name:

Date:

Phone : ( ) - ext ( )

Fax : ( ) - ext ( )

Toll Free Phone : ( ) - ext ( )

Toll Free Fax : ( ) - ext ( )

E-mail Address: Company Web Site:

https://ogs.ny.gov/acpl

TITLE: IFB #2525 UPHOLSTERY AND PANEL FABRICS PAGE 2

(Auburn CFI, Clinton CFI, Green Haven CFI, and Central Office)

RESPONSE TO

INVITATION FOR BIDS #2525

NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION

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

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

Check Box

Checklist Item (envelope containing documents must be labeled “IFB #2525/Do Not Open Until B/O Date 09/10/26”)

Bid Submission Checklist (this form)

IFB Cover Page, which shall include:

✓ Bidder's Federal Tax Identification Number

✓ NYS Vendor Identification Number

✓ Bidder's Signature

Bid Price Page(s) (page 8-11)

Signed copies of any addenda released for this solicitation.

Use of Service-Disabled Veteran-Owned Business Enterprise in Contract Performance (page 25)

Encouraging Use of NYS Businesses in Contract Performance (page 26)

Vendor Responsibility Questionnaire (see page 20) Online Questionnaire Certified Date:__________________

OR

Paper Questionnaire Submission

Certificate of Insurance (see page 33 for insurance types and policy limits)

Proof of Compliance with NYS Workers’ Compensation Coverage Requirements (only the following forms are acceptable: C-105.2, SI-12, U-26.3, GSI-105.2 or CE-200) (see page 38)

Proof of Compliance with NYS Disability Benefits Coverage Requirements (only the following forms are acceptable:

DB-120.1, DB-120.2, DB-155 or CE-200) (see page 38)

Bidder Questions (See Notes to Bidders) (pages 42-47)

Manufacturer’s Certificate(s) (Per Each Manufacturer as Required) (page 49)

Certificate of Manufacture (page 50)

EO 177 Certification

SFL 139-I Certification (Sexual Harassment Prevention) (page 52)

Bidder Compliance & Understanding of SFL 139-j and 139-k (page 53)

SFL 139-M Certification (Gender-Based Violence and the Workplace) (page 54)

Tax and Finance Form ST-220-CA (page 55) (NOTE: Form ST-220-TD is filed directly with NYS Department of Tax & Finance)

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

EEO Staffing Plan (at the end of IFB document)

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

Complete literature and specifications for all items offered.

Third-Party Certification of PFAS-free Compliance

Third-Party Certification of UL 2818 (Greenguard) Compliance

Signature: Date:

Print Name: Name of Company:

NOTE: Bidder is REQUIRED to submit samples pursuant to the “SAMPLES” clause on Page 39.

TITLE: IFB #2525 UPHOLSTERY AND PANEL FABRICS PAGE 3

DETAILED SPECIFICATIONS

KEY EVENTS/DATES:

Event Date

Information for Bids (IFB) Issued August 17, 2026

Written Bidders Questions Deadline August 28, 2026 by 3:00 PM EST

DOCCS Issues Responses to Questions (estimated) September 2, 2026

Bids Due to DOCCS no later than Thursday, September 10, 2026 by 2:00 PM EST

Contract Start Date October 1, 2026 (pending OSC approval)

SCOPE:

The purpose of this specification is to describe a PFAS-free upholstery and panel fabric to be furnished, and tailgate delivered to various correctional facilities as called for herein. It is the intent of this Invitation for Bids to establish multiple comprehensive contracts for upholstery and panel fabric. Contract award(s) will be given by GRAND TOTAL PER EACH LOT to the lowest responsive and responsible bidder who meets the required specifications.

The referenced fabrics listed in each Lot are selections Corcraft would like to receive, however, a comparable product will be considered, the list is not intended to be restrictive, and the bidder can offer fabrics under any of the Fabric Grades they feel is appropriate, however the bidder is required to submit an offer for every item listed in the Lot.

The fabric(s) offered will be purchased based on Corcraft customer sales orders.

BIDDER CERTIFICATION:

All fabrics offered ARE REQUIRED to meet the ACT Performance Guidelines.

Textiles for upholstery and panels shall be certified PFAS-free, defined as containing no intentionally added PFAS and having a total organic fluorine (TOF) content of less than 100 ppm.

Submittals must include a third-party certification (e.g., C2C Material Health Certificate or GreenScreen) and a notarized affidavit from the manufacturer confirming compliance.

COLOR AND SHADE:

The color and shade of all fabrics specified shall not vary within any single piece or roll. Streaking or any other visual inconsistencies in color and shade are unacceptable. Further, color and shade shall be matched consistently from roll to roll relevant to commercial tolerances, as listed in the PCID's under the minimums for colorfastness requirements section. The tolerances shall be established with the submitted set of master samples no less than 12" x 12" of the selected fabrics. These master samples shall be submitted with the original sample cards. The master samples will be used to check the color and shade of incoming shipments at each location. All samples will be stored away from light when not in use.

FLAWS AND DEFECTS:

All fabric delivered under this contract shall be first quality merchandise in which the occurrence of flaws or defects is not more than an average of one flaw in every 7 lineal yards or no more than 7 flaws in any fifty-yard roll. No roll shall contain more than two separate pieces and the minimum piece or cut length shall be counted as a filling or course direction flaw. Warp direction flaws will have the exact yardage marked with yellow flags and the amount will be deducted from the gross yardage with no charge being made for that yardage. Filling direction or spot flaws shall be marked with red flags with no yardage deduction being made.

TITLE: IFB #2525 UPHOLSTERY AND PANEL FABRICS PAGE 4

DETAILED SPECIFICATIONS (continued)

GENERAL ROLL AND FABRIC CONDITION:

Rolls and cut yardage shall be wound so as to minimize telescoping, wrinkling or any other condition that would affect the visual quality of the fabric. All printing or marking on the fabric shall be on the side opposite the face of the fabric or on the salvage edge. Strike-through of any degree is unacceptable under any condition. Dyes or inks used for printing or marking shall not bleed, migrate or streak under any condition of fabric use.

YARN COUNT:

The method of counting warp and fill per inch shall be through the use of a pick glass or similar device. The pick count will be determined by counting the number of wales or courses in six continuous inches and the averaged to arrive at the number per inch.

FABRIC COLORS:

Bidder shall offer all of manufacturer’s range of colors available within a pattern line, for each pattern line.

DISCONTINUATION OF FABRIC PATTERNS AND/OR COLORS:

Resulting contractor shall provide 60-day written notification of colors and fabric patterns being discontinued.

CERTIFIED TEST RESULTS:

Vendor will be required to submit one (or more) certified test results on each awarded item. These tests shall be conducted by a Certified Laboratory. The certified test results shall contain the actual test values, the range of acceptable test values, the test method utilized and a statement of pass/failed per value.

FABRIC SELECTION:

After bid is awarded, the contractor(s) will be notified within two (2) weeks of the fabric selections chosen for each line item awarded. These selections then become standard contract fabric for the Division of Industries (CORCRAFT).

FABRIC SAMPLE CARDS:

Within thirty (30) calendar days of notification of Award, the vendor(s) must provide 150 sample cards at no charge for each selected contract fabric. Vendors will be required to assist Corcraft in layout of Fabric Cards to Corcraft’s specifications and place the order for the cards as requested.

Additionally, within thirty (30) calendar days, the vendor(s) will provide a Hi-Resolution digital image of each of the patterns & colors of selected contract fabric at no charge. The winning contractor(s) will be notified after Contract Award where these images are to be forwarded.

PACKAGING MARKING AND INSPECTION:

1. Each full roll or cut piece shall have a tag securely attached containing the following information:

a. Mill Pattern e. Gross Yards

b. Mill Color f. Allowance Yards

c. Roll Identification No. g. Net Yardage

d. Lot Number

Multiple rolls may be bundled and boxed and/or skidded for shipping; however, each roll must be individually wrapped.

2. Each shipment will be visually inspected against the criteria of detailed specification.

Corcraft Correctional Industries reserves the right to test shipments at any time to ensure compliance with the minimum specifications and standards.

TITLE: IFB #2525 UPHOLSTERY AND PANEL FABRICS PAGE 5

WARRANTY INFORMATION:

Contractor is to supply warranty information for all offered fabrics.

LOT I – SEATING FABRIC – WOVEN (Items No. 1 & 2):

Referenced Fabric by Manufacturer, as indicated below (The referenced fabrics listed are for description only and not intended to be restrictive. A comparable fabric will be considered):

MANUFACTURER: MAYER FABRICS

Item No.

Fabric Name

Fabric Content

Fabric Width

Fabric Finish

Fabric Backing

Cleaning Code

1. Foundation

100% Recycled Polyester (65%) per - /34% Post Consumer

54” Stain Repellent

None WS

2. Spacer Mesh

100% Polyester 54” None None WS

LOT II – SEATING FABRIC –VINYL (Item No. 3):

Referenced Fabric by Manufacturer, as indicated below (The referenced fabrics listed are for description only and not intended to be restrictive. A comparable fabric will be considered):

MANUFACTURER: MAYER FABRICS

Item No.

Fabric Name

Fabric Content

Fabric Width

Fabric Finish

Fabric Backing

Cleaning Code

1. Durango 78% Vinyl – Phthalate Free face, 22% Polyester backing

54” Soil & Stain Resistant

Top Coat w/ Ink Resistant Technology

Polyester WS/ CFC/ BC

LOT III – PANEL FABRIC (Item No. 4 - 6):

Referenced Fabric by Manufacturer, as indicated below (The referenced fabrics listed are for description only and not intended to be restrictive. A comparable fabric will be considered):

MANUFACTURER: MAYER FABRICS

Item No.

Fabric Name

Fabric Content

Fabric Width

Fabric Finish

Fabric Backing

Cleaning Code

1. Equal 100% Post-Consumer Recycled Polyester

66” None None WS

2. Copa 100% Recycled Polyester (52% Pre-/48% Post- Consumer)

66” None None WS

3. Hudson 100% Post-Consumer Recycled Polyester

66” None None WS

COMPLETE FABRIC SPECIFICATIONS:

Complete Fabric Specifications are included for your convenience on Appendix D at the end of this IFB.

Please refer to the specification references for each item to determine the proper Fabric Name/Content you need to view and/or print. The referenced fabrics in each Lot are for description only and not intended to be restrictive. Comparable fabric will be considered. Adherence to the ACT Performance Guidelines is

REQUIRED.

METHOD OF AWARD:

Contract award will be determined by GRAND TOTAL PER EACH LOT (LOT I, II, & III). Bidder(s) will be required to provide a fabric selection for each item as listed in the Lot.

All offered prices must be lower than the manufacturer’s price list.

TITLE: IFB #2525 UPHOLSTERY AND PANEL FABRICS PAGE 6

METHOD OF AWARD (continued):

Bidders will be required to offer fabric consistent with the form, function and utility of the referenced fabric for each item. Each fabric should be available in a variety of colors

The referenced fabrics for description only and not intended to be restrictive. A comparable fabric meeting the requirements in the Detailed Specifications will be considered.

FABRIC SAMPLES:

Samples will be required for each offered fabric selection, a sample size of no less than 6” x 9” is required.

Samples must be received no later than close of business (COB) September 10, 2026. Failure to submit samples within the timeframe indicated may result in rejection of your bid. (See “Samples” page 39)

FABRIC SELECTION:

After bid is awarded, the contractor(s) will be notified within two (2) weeks of the fabric selections chosen for each Lot awarded. These selections then become standard contract fabric for the Division of Industries

(CORCRAFT).

FABRIC SAMPLE CARDS:

Within thirty (30) calendar days of Contract Award, the vendor(s) must provide 150 sample cards for each selected standard contract fabric. Vendor will be required to assist Corcraft in layout of Fabric Cards to

Corcraft’s specifications and place the order for the cards as requested.

BIDDER QUALIFICATIONS:

• The Prospective Bidder shall have at least ten years of experience in the fabric business.

• The Prospective Bidder shall provide evidence that it has maintained an organization capable of performing the work hereinafter described in continuous operation for at least the past ten (10) years.

• The Prospective Bidder shall submit the names of the officers and employees responsible for this contract, their function in the company, title, and number of service years with the contractor’s firm.

• The Prospective Bidder shall provide, at the time of bid opening, the name of the contact person who will handle the day-to-day customer requests, in regard to this contract. In addition, the bidder shall provide, at the time of bid opening, the address, telephone number, fax number and e-mail address for the facility personnel that will serve as the liaison for the award contract.

Prospective Bidders are advised that the State's intent in having requirements listed above is to ensure that only qualified and reliable Contractors perform the work of the contract. Division of Industries recognizes that there may be equally qualified and reliable Bidders who do not meet all of the above requirements specifically as stated, but may in fact meet the objectives and criteria intended in some other manner However, the Bidders shall have the burden of demonstrating to the Division of Industries’ satisfaction that it can in fact provide the material as required. This shall be in the form of written notarized statements as to the Bidder's experience, references, listing of contracts performed, financial statements, human resources, or ability to respond such that Division of Industries can evaluate the Bidder's ability. All statements made must be able to be independently verifiable by Division of Industries.

Division of Industries retains the right to request any additional information pertaining to the Bidder's ability, qualifications, as it deems necessary to ensure the bidder is responsible. The State may waive any of the above requirements if the State deems that the bidder is capable.

Note: Any Prospective Bidder failing to submit with its bid, in whole or in part the above statements attesting to its qualifications may result in a rejection of the bid.

TITLE: IFB #2525 UPHOLSTERY AND PANEL FABRICS PAGE 7

FINANCIAL STABILITY:

If requested, bidder must document its ability to service a contract with dollar sales volume similar to scope of this bid through submission of financial statements documenting past sales history. The bidder must be financially stable and able to substantiate the financial statements of its company. In addition to sales history, current financial statements may be requested and must be provided within five business days.

The state reserves the right to request additional documentation from the bidder and to request reports on financial stability from independent financial rating services. The state reserves the right to reject any bidder who does not demonstrate financial stability sufficient for the scope of this bid.

CLIENT REFERENCES:

All bidders must provide a minimum of five references, including references from two of the bidder's largest customers. References shall be commercial or governmental accounts and should demonstrate the ability of the vendor to perform jobs similar in scope to the size, nature and complexity of the outlined bid. The references shall include the following:

LIENT REFERENCES (continued):

• Name, address, contact person, telephone number, fax number, and number of years bidder has serviced the referenced account AND volume of business performed within the past three years for each referenced account.

Note: Any Prospective Bidder failing to submit with its bid, in whole or in part the above statements attesting to its client references may result in a rejection of the bid.

TITLE: IFB #2525 UPHOLSTERY AND PANEL FABRICS PAGE 8

PLEASE USE BLACK INK OR TYPEWRITER WHEN

PREPARING YOUR BID. BE SURE YOU HAVE

INSERTED YOUR COMPANY’S NAME IN THE BOX

Bidder

DELIVERY TO:

F.O.B. Correctional Facility Division of Industries, As Specified

LOT I – SEATING FABRIC WOVEN (Item No’s. 1 & 2)

LOT I, Item 1a – SEATING, WOVEN 1-2 (As per Detailed Specifications) Total Annual Estimated Quantity = 7,200 yds.

Annual Estimated Quantity

Price Per

Yard

Grand Total Price

Fabric Name

1. Foundation 10 (or comparable) yds.

Colors:

Manufacturer Name & Address:

2. Spacer Mesh (or comparable) yds.

Colors:

GRAND TOTAL LOT I, Item No. 1-2: $

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

TITLE: IFB #2525 UPHOLSTERY AND PANEL FABRICS PAGE 9

LOT II – SEAT FABRIC –Vinyl

LOT II – Item 1 FABRIC - SEATING, VINYL

1 (As per Detailed Specifications) Total Annual Estimated Quantity = 5,100 yds.

Annual Estimated Quantity

Price Per

Yard

Grand

1. Durango (or comparable) 500 yds.

Colors:

GRAND TOTAL LOT II, Item No. 1: $

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

TITLE: IFB #2525 UPHOLSTERY AND PANEL FABRICS PAGE 10

LOT III – PANEL FABRIC (Item No. 1a)

LOT III – Item No. 1a FABRIC - PANEL 1-3 (As per Detailed Specifications) Total Annual Estimated Quantity = 5,000 yds.

Annual Estimated Quantity

Price Per

Yard

Grand

1. Equal (or comparable) 400 yds.

Colors:

Manufacturer Name & Address:

2. Copa (or comparable) 5000 yds.

Colors:

Manufacturer Name & Address:

3. Hudson (or comparable) 1000 yds.

Colors:

GRAND TOTAL LOT III, Item No. 1a (1-3): $

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

TITLE: IFB #2525 UPHOLSTERY AND PANEL FABRICS PAGE 11

(CHECKLIST FOR ALL BIDDERS

Can You Meet the Guaranteed Delivery as noted on page 30?

LOT I

1,000 yards or less _____Yes _____No

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

Orders over 1,000 yards _____Yes _____No

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

LOT II

1,000 yards or less _____Yes _____No

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

Orders over 1,000 yards _____Yes _____No

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

LOT III

1,000 yards or less _____Yes _____No

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

Orders over 1,000 yards _____Yes _____No

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

SAMPLES (Must Check One):

Samples: ______Enclosed with bid

______Will be sent to arrive COB on ___/___/___

TITLE: IFB #2525 UPHOLSTERY AND PANEL FABRICS PAGE 12

INQUIRIES/ISSUING OFFICE:

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

PRIMARY CONTACT:

Renate Sanders, Contract Management Specialist I

NYS Department of Corrections and Community Supervision

Division of Industries 550 Broadway

Albany, New York 12204 E-Mail: Corcraft.ProcurementServices@doccs.ny.gov

OR

SECONDARY CONTACT:

Chris Bodnar, Purchasing Supervisor NYS Department of Corrections and Community Supervision Division of Industries

550 Broadway Albany, New York 12204

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

All questions shall be submitted in writing by email to Corcraft.ProcurementServices@doccs.ny.gov, with “IFB#2525” bidder questions” in the subject line of the email, citing the particular bid section and paragraph number. Prospective Bidders should note that all clarifications and exceptions including those relating to the terms and conditions of the contract are to be resolved prior to the submission of a bid. Answers to all questions of a substantive nature will be given to all Prospective Bidders in a formal addendum which will become part of the ensuing contract.

Contacting anyone else other than designated herein may result in rejection of bid. See details under the “Procurement Lobbying Act” clause on Page 30 of this bid.

mailto:Corcraft.ProcurementServices@doccs.ny.gov

TITLE: IFB #2525 UPHOLSTERY AND PANEL FABRICS PAGE 13

New York State Division of Correctional Industries

NON-BID RESPONSE FORM

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

Renate Sanders, Contract Management Specialist I New York State Division of Correctional Industries

550 Broadway Albany, New York 12204-2802

Company name:

Address:

City, State, Zip:

Telephone:

IFB Number: 2525

IFB Title: Upholstery and Panel Fabrics

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

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

REASONS FOR NOT SUBMITTING A BID

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

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

Too busy to consider bidding on this contract.

Unable to meet specifications/other considerations in this proposal.

Specifications in the IFB were unclear.

Unwilling to accept liability or responsibility for damages.

Unable to meet insurance requirements.

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

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

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

Other (specify):

Name Title

Signature

Date

TITLE: IFB #2525 UPHOLSTERY AND PANEL FABRICS PAGE 14

GENERAL INFORMATION

IMPORTANT NOTICE TO POTENTIAL BIDDERS: Receipt of these bid documents does not indicate that the NYS Department of Corrections and Community Supervision, Division of Industries, has pre-determined your company's qualifications to receive a contract award. Such determination will be made after the bid opening and will be based on our evaluation of your bid submission compared to the specific requirements and qualifications contained in these bid documents.

NOTICE TO BIDDERS:

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

1. BID PREPARATION

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

Changes may be ignored by the Commissioner or may be grounds for rejection of the Bid. Changes, corrections and/or use of white-out in the Bid or Bidder’s response portion of the Bid Document must be initialed by an authorized representative of the Bidder. Bidders are cautioned to verify their Bids before submission, as amendments to Bids or requests for withdrawal of Bids received by the Commissioner after the time specified for the Bid opening, may not be considered.

2. BID DEVIATIONS

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

3. BID SUBMISSION

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

4. BID DELIVERY

Bidders assume all risks for timely, properly submitted deliveries. Bidders are strongly encouraged to arrange for delivery of bids to Correctional Services, Division of Industries prior to the date of the bid opening.

E-mail or fax bid submissions are not acceptable and will not be considered.

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

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

Bids shall be delivered to:

NYS Department of Corrections and Community Supervision Division of Industries

Albany, NY 12204

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

TITLE: IFB #2525 UPHOLSTERY AND PANEL FABRICS PAGE 15

GENERAL INFORMATION (continued)

NOTICE TO BIDDERS: (continued)

4. BID DELIVERY (continued)

• Hand deliveries

Bidders assume all risks for timely, properly submitted deliveries.

Any Bid received at the specified location after the time specified will be considered a late Bid. A late Bid shall not be considered for award unless: (i) no timely Bids meeting the requirements of the Bid Documents are received or, (ii) in the case of a multiple award, an insufficient number of timely Bids were received to satisfy the multiple award; and acceptance of the late Bid is in the best interests of the Authorized Users.

Bids submitted for continuous or periodic recruitment contract awards must meet the submission requirements associated with their specifications. Delays in United States mail deliveries or any other means of transmittal, including couriers or agents of the Authorized User shall not excuse late Bid submissions.

Similar types of delays, including but not limited to, bad weather, or security procedures for parking and building admittance shall not excuse late Bid submissions. Determinations relative to Bid timeliness shall be at the sole discretion of the Commissioner.

CONFIDENTIAL/TRADE SECRET MATERIALS:

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

b. Commissioner or Authorized User

Contractor further warrants, covenants and represents that any confidential information obtained by Contractor, its agents, Subcontractors, officers, distributors, resellers or employees in the course of performing its obligations, including without limitation, security procedures, business operations information, or commercial proprietary information in the possession of the State or any Authorized User hereunder or received from another third party, will not be divulged to any third parties. Contractor shall not be required to keep confidential any such material that is publicly available through no fault of Contractor, independently developed by Contractor without reliance on confidential information of the Authorized User, or otherwise obtained under the Freedom of Information Act or other applicable New York State laws and regulations. This warranty shall survive termination of this Contract.

Contractor further agrees to take appropriate steps as to its agents, Subcontractors, officers, distributors, resellers or employees regarding the obligations arising under this clause to insure such confidentiality.

RELEASE OF BID EVALUATION/MATERIAL:

Requests concerning the evaluation of Bids may be submitted under the Freedom of Information Law. Information, other than statistical or factual tabulations or data such as the Bid Tabulation, shall only be released as required by law after Contract award. Bid Tabulations are not maintained for all procurements. Names of Bidders may be disclosed after Bid opening upon request. Written requests should be directed to the Commissioner.

TITLE: IFB #2525 UPHOLSTERY AND PANEL FABRICS PAGE 16

FREEDOM OF INFORMATION LAW:

During the evaluation process, the content of each Bid will be held in confidence and details of any Bid will not be revealed (except as may be required under the Freedom of Information Law or other State law). The Freedom of Information Law provides for an exemption from disclosure for trade secrets or information the disclosure of which would cause injury to the competitive position of commercial enterprises. This exception would be effective both during and after the evaluation process. If the Bid contains any such trade secret or other confidential or proprietary information, it must be accompanied in the Bid with a written request to the Commissioner to not disclose such information. Such request must state with particularity the reasons why the information should not be available for disclosure and must be provided at the time of submission of the Bid. Notations in the header, footer or watermark of the Bid Document will not be considered sufficient to constitute a request for non-disclosure of trade secret or other confidential or proprietary information. Where a Freedom of Information request is made for trademark or other confidential or proprietary information, the Commissioner reserves the right to determine upon written notice to the Bidder whether such information qualifies for the exemption for disclosure under the law. Notwithstanding the above, where a Bid tabulation is prepared and Bids publicly opened, such Bid tabulation shall be available upon request.

TAXES:

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

b. Purchases made by the State of New York and certain non-State Authorized Users are exempt from New York State and local sales taxes and, with certain exceptions, federal excise taxes. To satisfy the requirements of the New York State Sales tax exemption, either the Purchase Order issued by a State Agency or the invoice forwarded to authorize payment for such purchases will be sufficient evidence that the sale by the Contractor was made to the State, an exempt organization under Section 1116 (a) (1) of the Tax Law. Non-State Authorized Users must offer their own proof of exemption upon request. No person, firm or corporation is, however, exempt from paying the State Truck Mileage and Unemployment Insurance or Federal Social Security taxes, which remain the sole responsibility of the Bidder/Contractor.

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

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

EXPENSES PRIOR TO CONTRACT EXECUTION:

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

ADVERTISING RESULTS:

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

PRODUCT REFERENCES:

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

b. Discrepancies in References In the event of a discrepancy between the model number referenced in the Bid

Specifications and the written description of the Products which cannot be reconciled, with respect to such discrepancy, then the written description shall prevail.

TITLE: IFB #2525 UPHOLSTERY AND PANEL FABRICS PAGE 17

PRICING:

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

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

c. “No Charge” Bid When Bids are requested on a number of Products as a Group or Lot, a Bidder desiring to Bid

“no charge” on a Product in the Group or Lot must clearly indicate such. Otherwise, such Bid may be considered incomplete and be rejected, in whole or in part, at the discretion of the Commissioner.

d. Best and Final Prices As specified in the Bid Documents and Contract, a Contractor may be solicited at the time of issuance of a Purchase Order or Mini-Bid award for best and final pricing for the Product or service to be delivered to the Authorized User. Contractors are encouraged to reduce their pricing upon receipt of such request.

DRAWINGS:

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

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

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

BID EVALUATION:

The Commissioner reserves the right to accept or reject any and all Bids, or separable portions of offers, and waive technicalities, irregularities, and omissions if the Commissioner determines the best interests of the State will be served.

The Commissioner, in his/her sole discretion, may accept or reject illegible, incomplete or vague Bids and his/her decision shall be final. A conditional or revocable Bid which clearly communicates the terms or limitations of acceptance may be considered, and Contract award may be made in compliance with the Bidder’s conditional or revocable terms in the offer.

CONDITIONAL BID:

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

CLARIFICATIONS / REVISIONS:

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

Failure to provide requested information may result in rejection of the Bid.

TITLE: IFB #2525 UPHOLSTERY AND PANEL FABRICS PAGE 18

EQUIVALENT OR IDENTICAL BIDS:

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

PERFORMANCE AND RESPONSIBILITY QUALIFICATIONS:

The Commissioner reserves the right to investigate or inspect at any time whether or not the Product, services, qualifications or facilities offered by the Bidder/Contractor meet the requirements set forth in the Bid Specifications/Contract or as set forth during Contract negotiations. Contractor shall at all times during the Contract term remain responsible and responsive. A Bidder/Contractor must be prepared, if requested by the Commissioner, to present evidence of legal authority to do business in New York State, integrity, experience, ability, prior performance, organizational and financial capacity as well as where applicable, a statement as to supply, plant, machinery and capacity of the manufacturer or source for the production, distribution and servicing of the Product offered/Bid. If the Commissioner determines that the conditions and terms of the Bid Documents, Bid Specifications or Contract are not complied with, or that items, services or Product proposed to be furnished do not meet the specified requirements, or that the legal authority, integrity experience, ability, prior performance, organization and financial capacity or facilities are not satisfactory, the Commissioner may reject such Bid or terminate the Contract.

DISQUALIFICATION FOR PAST PERFORMANCE AND FINDINGS OF NON-RESPONSIBILITY:

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

QUANTITY CHANGES PRIOR TO AWARD:

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

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

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

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

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

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

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

TITLE: IFB #2525 UPHOLSTERY AND PANEL FABRICS PAGE 19

SUMMARY OF POLICY AND PROHIBITIONS ON PROCUREMENT LOBBYING:

In reference to State Finance Law §§139-j and 139-k, this bid includes and imposes certain restrictions on communications between the Division of Industries and the bidder during the procurement process. The bidder is restricted from making contacts from the date of bid advertisement in the NYS Contract Reporter through final approval of the contract award by the Office of the State Comptroller, with anyone other than designated Division of Industries staff, unless it is contact that is among certain statutory exceptions as per State Finance Law Section 139-j(3)(a). Designated staff is identified on the cover page of this Invitation for Bids. Division of Industries employees are also required to obtain certain information when contacted during the “restricted period” and to make a determination of responsibility of the bidder pursuant to these two statutes. Certain findings of non-responsibility can result in rejection of the bid, and in the event of two findings within a four-year period, the bidder is debarred from obtaining future State contracts. Further information about these requirements can be found at https://ogs.ny.gov/acpl.

DISPUTE RESOLUTION POLICY:

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

DEBRIEFING:

A bidder will be accorded fair and equal treatment with respect to its opportunity for debriefing. Disclosure of the content of competing bids other than statistical tabulations of bids received in response to an IFB is prohibited prior to contract award. Prior to final contract award, the Division of Industries shall, upon request, provide a debriefing which would be limited to review of that bidder’s proposal or bid. Requests for a debriefing prior to final contract award by an unsuccessful bidder(s) must be addressed to the Division of Industries in writing. The debriefing prior to final contract award must be requested in writing within 15 calendar days of notification that the bidder’s submission was unsuccessful.

ELECTRONIC PAYMENTS:

Payment for invoices submitted by the Contractor shall only be rendered electronically unless payment by paper check is expressly authorized by the Commissioner, in the Commissioner’s sole discretion, due to the extenuating circumstances.

Such electronic payment shall be made in accordance with ordinary State procedures and practices. The contractor shall comply with the State Comptroller’s procedures to authorize electric payments. Authorization forms are available at the State Comptroller’s website at http://osc.state.ny.us/vendors/epayments.htm, by email at ePayments@osc.state.ny.us, or by telephone at (518) 408-4672. Contractor acknowledges that it will not receive payment on any invoices submitted under this Contract if it does not comply with the State Comptroller’s electronic payment procedures, except where the Commissioner has expressly authorized payment by paper check as set forth above.

APPENDIX A:

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

APPENDIX B

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

TIMEFRAME FOR OFFERS:

The Commissioner reserves the right to make…