IFB 26-036 revison #2.pdf

Solicitation number – solicitation title Page 1 of 19

INVITATION FOR BID

SOLICITATION NUMBER: 26-036

FOR THE PROCUREMENT OF: Hazardous Waste Removal

SOLICITATION RELEASE DATE: 07/02/2026

RESPONSE DUE DATE: 07/30/2026

07/23/2026 revision #1 7/10/26

08/06/2026 revision #2 7/23/26

Ron Foster Cross-Out

Ron Foster Cross-Out

Ron Foster Cross-Out

NYS OFFICE OF MENTAL HEALTH Hazardous Waste Removal

Solicitation number – solicitation title Page 2 of 19

Table of Contents

Contents

1. INTRODUCTION

2. KEY DATES AND EVENTS

3. ISSUING OFFICE/DESIGNATED CONTACTS

4. TERMS & DEFINITIONS

5. SCOPE OF WORK

I. Hazardous Waste Materials, Universal Waste and Electronic Waste

NOTE:

II. Contractor, General Responsibilities:

b) Labor and material and transportation

6. SOLICITATION EVENTS

6.1. Intent to Bid

6.2. Pre-Bid Conference

6.3. Question and Answer Period

6.4. Response Due Date

7. BID PREPARATION AND SUBMISSION INSTRUCTIONS

7.1. Mandatory Bid Submission Requirements

8. EVALUATION AND AWARD

8.1. Determination/Method of Award

9. ADMINISTRATIVE INFORMATION

9.1. Term of the Agreement

9.2. Debriefing

9.3. Protest Procedures

9.4. NYS Department of Labor Prevailing Wage Rates

9.5. Right To Modify

9.6. Freedom of Information Requirements

9.7. Vendor Responsibility

9.8. Sales and Compensating Use Tax Certification (Tax Law, § 5-A)

9.9. Extraneous Terms

9.10. Clarification Process

9.11. Material Deviations

NYS OFFICE OF MENTAL HEALTH Hazardous Waste Removal

Solicitation number – solicitation title Page 3 of 19

9.12. New Releases and Advertising

9.13. Executive Order No. 16: Prohibiting State Agencies and Authorities from Contracting with Businesses Conducting Business in Russia

9.14. Executive Summar No. 22: Leading By Example: Directing State Agencies to Adopt a Sustainability and Decarbonization Program

10. INSURANCE REQUIREMENTS

10.1. Proof of Workers’ Compensation Coverage

10.2. Proof of Disability Benefits Coverage

10.3. Additional Insurance Information

11. OMH RESERVED RIGHTS

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1. INTRODUCTION

The New York State Office of Mental Health (OMH) Clinical Laboratories at the Nathan S. Kline Institute (NKI) for Psychiatric Research performs all clinical testing for OMH throughout New York State.

This 3-year contract is to secure hazardous and chemical waste removal services for their facility located at: 140 Old Orangeburg Road Building #39 Orangeburg, New York 10962

Minority and Women-Owned Business Enterprise Goal (MWBE): 30%

Service-Disabled-Veteran Owned Business Enterprise Goal (SDVOB): 6%

Anticipated Contract Term: 3 years

The contract shall be awarded to the responsive and responsible bidder offering the lowest total bid amount and who meets all minimum mandatory requirements as defined in this solicitation document and associated contract boilerplate. Please refer to Section 8.1, Determination/Method of Award for further details.

2. KEY DATES AND EVENTS

Event Date/Time Solicitation Publication Date: Thursday July 2, 2026 Optional Pre-Bid Conference Tuesday July 14, 9:00am Bidder/Offeror Question Submission Due Date: Tuesday July 14, 3:00pm Issuance Date of Responses to Questions: Thursday July 23, 3:00pm Response Due Date & Time: Thursday August 8, 3:00pm Contract Approval/Award Notification Date: Upon OSC Approval

OMH reserves the right to change any of the dates stated in this solicitation. Such changes will be published as Addendums to the solicitation.

3. ISSUING OFFICE/DESIGNATED CONTACTS

The issuing Agency for this solicitation is the NYS Office of Mental Health (OMH). Pursuant to State Finance Law §139-j and §139-k, this solicitation includes and imposes certain restrictions on communications between OMH and vendor during the procurement process. All inquiries/communications regarding this procurement must be addressed to the Designated Contacts listed below.

Purpose Designated Contact Designated Contact Email Address Procurement/Solicitation 1 Ron Foster Ron.Foster@omh.ny.gov

Supplier Diversity N/A supplierdiversity@omh.ny.gov

State Finance Law 139-j and 139-k imposes a “Restricted” Period for the duration of this procurement, which is defined as “The period of time commencing with the earliest written notice, advertisement, or solicitation intending to result in a procurement contract with OMH and ending with the final contract award (if applicable) by the New York State Office of the State Comptroller (OSC).

During the Restricted Period, no vendor-initiated contact with an OMH Official shall be permitted regarding this procurement except as provided herein. This prohibition applies to any oral, written, or electronic communication under circumstances where a reasonable person would infer that the communication was intended to influence this procurement. Violation of any of the requirements described in this section may be grounds for a determination that the vendor is non-responsible and therefore in illegible for contract award pursuant to this procurement. Two (2) violations within four (4) years of the rules against impermissible

5 of 51 OMH State Operations (8/9/2023) contacts during the restricted period may result in the violator being de-barred from participating in any OMH procurement for a period of four (4) years from the date of debarment.

4. TERMS & DEFINITIONS

The terms “shall”, “must”, and “will” are used interchangeably to designate mandatory requirements and obligations.

The terms “should”, and “may” are used interchangeably to designate preferred but non-mandatory requirements and obligations.

The terms “bidder”, “offeror”, “vendor”, “proposer”, and “supplier” may be used interchangeably and shall have the same meaning.

The terms “OMH”, “Facility”, “Hospital(s)”, “PC”, and “Psychiatric Center” may be used interchangeably and shall have the same meaning unless otherwise defined.

5. SCOPE OF WORK

The New York State Office of Mental Health (OMH) Clinical Laboratories at the Nathan S. Kline Institute (NKI) for Psychiatric Research performs all clinical testing for OMH throughout New York State.

This 3-year contract is to secure hazardous and chemical waste removal services for their facility located at:

140 Old Orangeburg Road Building #39 Orangeburg, New York 10962

I. Hazardous Waste Materials, Universal Waste and Electronic Waste

The list of hazardous waste and Universal Waste contains, but is not limited to, the following:

1. Flammable liquids (Isopropyl alcohol, methanol, ethanol, xylene, etc)

2. Picric acid waste and osmium tetroxide waste

3. Organic toxic liquid/solid waste (silver, chloroform, hydroquinone, diethylene glycol, acetic acid, etc)

4. Solid nicotine preparations waste

5. Inorganic acidic corrosive liquid/solid waste (perchloric acid waste, Lead and M-Cresol, chromic acid solution and sodium hydroxide solution waste, etc.)

6. Formic acid waste

7. Lamps: fluorescent lamps, fluorescent lamps (coated) U-tubes, circulars & compact lamps, HID, Metal Halide & Mercury Vapor lamp, UV, Arc & Germicidal Lamps, incandescent & flood lamps (non-Hg lamps), Crushed/broken lamps glass in boxes.

8. Batteries: Alkaline, Nickel Cadmium, Nickel Iron/Zinc & Nickel Metal Hydride, Lithium Ion, Lead Acid, Co-Mingled- Mixed Battery Sorting Fee, Silver, Zinc Air, Lithium & Mercury

9. Ballast: PCB Lamp Ballast (Incineration), Non-PCB Lamp Ballast, Non-PCB HID Capacitors.

NYS Department of Labor Prevailing wage rates apply to this contract. The Prevailing Rate Case (PRC#) number is:2026901189, requested on: 6/29/2026.

ALL PUBLIC WORKS AND BUILDING SERVICE CONTRACTS, REGARDLESS OF A DOLLAR VALUE,

REQUIRE THE PAYMENT OF PREVAILING WAGES AND SUPPLEMENTS AS ESTABLISHED BY

LAW BY THE DEPARTMENT OF LABOR.

A copy of the prevailing wage schedules that apply to this Contract is available at:

https://apps.labor.ny.gov/wpp/publicViewProject.do?method=showIt&id=1587099 and is hereby incorporated by reference and made part hereto as fully as if it were set forth at length herein.

https://apps.labor.ny.gov/wpp/publicViewProject.do?method=showIt&id=1587099

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10. Computer, monitors, copiers, microwaves and other electronic waste.

NOTE:

As a research facility, the type and quantity of hazardous waste generated is highly dependent on the nature, term, and conditions of the research activities conducted by the research scientists. The facility reserves the right to add/remove waste streams as needed. In addition, we also dispose of alkaline batteries, lead acid batteries, fluorescent bulbs, computer monitors and other universal waste items.

II. Contractor, General Responsibilities:

a) Contractor shall be able to remove Hazardous/Chemical Material Waste from The Nathan S. Kline Institute for Psychiatric Research 140 Old Orangeburg Road Orangeburg, New York 10962 EPA ID number NYD980774533.

Contractor shall remove Hazardous Material Waste from Room L-125-d in Bldg.39 and Bldg 19 located at the above-address every three months. Contractor shall remove Universal Waste from electric room in close proximity to receiving loading dock once per year. Contractor shall remove Electronic Waste from receiving loading dock once per year. The Nathan Kline Institute for Psychiatric Research maintains a single accumulation/disposal site for hazardous waste material and maintenance related wastes (aerosol/paints) from the work control department.

b) Labor and material and transportation.

c) Contractor shall provide, at no additional charge, plastic waste containers, fiber containers and appropriate puncture-proof liners to be used in conjunction with the plastic waste containers. Contractor will be responsible for furnishing the containers, bags lines, labels and any other supplies required to remain compliant with New York State Hazardous Waste Guidelines. Contractor will bring a scale to weigh packages for accurate manifest weights.

d) Contractor shall comply with all local, state and federal regulations governing the removal and disposal of such waste.

e) The Contractor must maintain licenses to receive and route for disposal or process hazardous waste as required by NY Regulation 6 NYCRR Part 372.2(b)(2)(i) and the Contractor must be licensed by New York State for this type of waste removal and disposal. A copy of the license must be provided to the facility, upon submission of this bid package.

f) Contractor shall supply to the facility’s Environmental Services Department Supervisor, or designated representative, a copy of the letter from the Department of Transportation (“DOT”) indicating the Contractor has a DOT Security Plan in accordance with 49 CFR Subpart I, Parts 172.800-804 and Part 172.100-704.

g) Service technicians assigned by the CONTRACTOR shall be trained as required, certified and experienced to perform Hazardous Waste handling and disposal services. Contractor will ensure service technicians handling and disposing of hazardous waste shall maintain current DOT, RCRA, OSHA, HAZWOPER training certifications.

Contractor will provide training records to facility, upon request.

h) Contractor shall maintain hazardous waste transport permits in accordance with US Environmental Protection Agency, NYS Department of Environmental Conservation and NYC Department of Environmental Protection regulations. Contractor shall provide a copy of hazardous waste transport permit (Part 364) to the facility, upon request.

i) In order for service to be considered complete, CONTRACTOR must include a detailed and completed Uniform Hazardous Waste Manifest, Universal Waste Manifest and Electronic Waste Manifest. The manifests must contain a tracking number, state the name and location of the designated facility, must be signed and dated by the transporter AND a facility representative. A copy of the signed manifest will be provided to the facility’s

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Environmental Services’ Department Supervisor, or designated representative. Contractor must also provide to the Environmental Services Department Supervisor, or designated representative, a Land Disposal restriction notification in accordance with 6 NYCRR 376.1(g)(1).

j) Contractor shall respond to emergency pick-ups within 2 hours of notification from facility.

k) Hazardous waste material pick-up schedule shall be once every Six months or as needed based on generator status, and Universal Waste and Electronic Waste at least once per year between the hours of 8:30 AM and 5:00 PM, Monday– Friday. Contractor shall provide the facility contact person with schedule of pickups outlining the date and time. The facility reserves the right to change the scheduled date of pick-ups if dates coincide with NYS Holiday. The Contractor will be notified seven (7) days in advance of any such change. NKI is currently designated as a Small Quantity Generator (SQG).

Therefore, NKI is required to dispose of wastes within the 90 (LQG) or 180 day (SQG) limit.

Hazardous/Chemical Waste Removal

Annual Estimated Quantity

1.Waste Materials Description Characterization and Determination

Non-halogenated solvent wastes (ethers, heptanes, hexanes, xylenes, alcohols, ethyl acetate (D001,F003,F005) liquid…………………………………………………………………………………………………………………

1,000 lbs

Aqueous buffers/organic solvents (alcohols/acetonitrile) (D003, U003, F003) liquid…………………………………………………………………………………………………………………

1,000 lbs

Picric Acid Waste…………………………………………………………………………………………………. 20 lbs.

Halogenated organic solvents (chloroform, methylene chloride, chlorobutane) (D001, F002, F003, D022, U044) liquid………………………………………………………………………………………………………………...

1,000 lbs

Formalin (formaldehyde) 4% aqueous waste (U122) liquid…………………………………………………………………………………………………………………

420 lbs

Formaldehyde w/4% sodium cacodylate, glutaraldehyde, ethyl alcohol (D001,U122,, U136) liquid…………………………………………………………………………………………………………………

420 lbs

Chromic acid/sulfuric acid in water (35:35:30) glassware cleaner waste (D002,D007) liquid…………………………………………………………………………………………………………………

85 lbs

Formalin clean up residue w/ absorbant material solid…………………………………………………………………………………………………………………

15 lb.

Pack lab chemicals various corrosives…………………………………………………………………………………………………………..

100 lb.

Pack lab chemicals (various)…………………………………………………………………………………………………………….

250 lb.

Diaminobenzidine (DAB)………………………………………………………………………………………….

Pharmaceutical wastes/unused product, capsules, tablets, placebo (non-hazardous)…………………..

Pharmaceutical toxic wastes/unused products “P”- wastes………………………………………………….

Broken Mercury thermometer…………………………………………………………………………………… Gas Chromatographic bonded silica packings ………………………………………………………………...

1 lb.

10 lbs.

25 lbs 50 lbs 2 lbs

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Annual

Estimated Quantity

2. Universal Waste Lamps Fluorescent Lamps X 1,500

EA

Ballast (PCB lamp ballast) X 100 LBS

Ballast (Non-PCB lamp ballast, Non-PCB HID capacitors) X 500 LBS

Batteries (Lead) X 500 LBS

Batteries (Lithium, Alkaline, Nickel) Waste Paint/Aerosol Cans

X 300 LBS

X 1000 LBS

3. Electronic Waste Computers (monitors, key boards, mouse Etc) 300ea

Copiers 5 ea

Microwaves 5 ea

4. Waste Containers size I)Hazardous/Chemical Waste Containers 5-gallon Fiber Drum 5

14-gallon Fiber Drum 8

30-gallon DOT 17E Drum 5

30-gallon DOT17H drum 3

Vermiculite, 4 CUFT bag 1

Labels (sheets) 4

II) Universal Waster Containers 2-ft Fiber Drum 8

4-ft Fiber Drum 8

8-ft expandable friber Drum 1

5-gallon Plastic Container 3

30-gallon Plastic Container 2

55-Gallon Plastic Container 1

Labels (sheets) 2

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6. SOLICITATION EVENTS

6.1. Intent to Bid

If you cannot bid for this solicitation, please return Attachment B-1, No Bid Explanation Form, as per instructions no later than the bid due date and time.

6.2. Pre-Bid Conference

A optional Pre-Bid Conference has been scheduled for Tuesday July 14, 9:00am. Please see Attachment B in the Library of Attachments for pre-bid conference web-ex information

Questions asked, and answers given, during the conference are not considered official or binding. Offerors must submit questions in writing per the instructions of the Question and Answer period as stated in the solicitation in order to receive an official response.

6.3. Question and Answer Period

The Question and Answer period is an opportunity for interested Offerors to submit questions and requests for clarification with regards to this solicitation. All questions and requests for clarification should cite the associated section, paragraph, and page number where applicable. In order to receive an official response, all questions must be submitted in writing to the Designated Contact(s) by Tuesday July 23, 3:00pm. Questions received after the due date and time are not guaranteed a response.

A complete list of the submitted questions and OMH’s official responses will be posted to the NYS Contract Reporter Ad as well as distributed via email to all interested and known potential Offerors by OMH.

The Question and Answer document will not include the names of the entity that submitted the question. Offerors will remain anonymous to the extent allowed by the law.

6.4. Response Due Date

Electronic bids must be submitted to the Issuing Office via email by Thursday August 8, 3:00pm. No facsimile or hard copy bids will be accepted. It is the Bidder’s responsibility to ensure that the Electronic bid is received by the Issuing Office by the due date and time.

Electronic bids received by the Issuing Office must conform with the information and submission formats requested herein, or attached hereto, under the terms and conditions of this solicitation. Electronic bids received after the Proposal Submission date or time will be disqualified from consideration. Electronic bids will not be opened by the Issuing Office until after the Proposal Submission due date and time.

The OMH will provide a confirmation email that the electronic bid has been received.

The email subject line must include the following information: The Solicitation Number and Vendor Name. If the bid requires files be sent in multiple emails, indicate the email number, e.g. 1 of 2.

Electronic submissions must be emailed to: bids@omh.ny.gov

If you cannot bid for this solicitation, please return Attachment B-2, No Bid Explanation Form, as per instructions no later than the bid due date and time.

mailto:bids@omh.ny.gov

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Bids or proposals that are illegible, incomplete, or that contain any omissions, erasures, alterations, additions or items not called for in the solicitation or that contain irregularities of any kind may be rejected. All costs associated with the preparation of a bid are the responsibility of the Offeror. Offerors may modify, in writing, the content of any bid at any time prior to the due date and time. Bids may also be withdrawn or canceled before the bid due date and time.

7. BID PREPARATION AND SUBMISSION INSTRUCTIONS

7.1. Mandatory Bid Submission Requirements

The submission of a bid constitutes a binding offer to perform said services in accordance with or exceeding all mandatory requirements outlined in this IFB and in the OMH contract boilerplate. Such binding offer shall be firm and not revocable for a period of 120 days after the deadline for bid submission and will continue thereafter until the Successful Offeror notifies OMH otherwise in writing. Such deadline may be extended further by mutual agreement between the Successful Offeror and OMH.

Bidders and/or any proposed subcontractors MUST NOT have had a prior New York State contract terminated for cause within the past three years.

Documentation that must be submitted by Bidders on or before the bid due date, if applicable (Place the completed Bid Submission Checklist first in the bid package). All referenced Attachments may be found in the Library of Attachments published in conjunction with this IFB. OMH reserves the right to disqualify any bid that does not include the required documents:

• Attachment A – Solicitation Cover Sheet: must be used as the first page/cover sheet.

• Include proof of having been in business performing the required type of service for at least 5 years.

• Attachment C – Cost Worksheet: Bids shall be submitted utilizing this form only.

• Attachment D – Consultant Disclosure Form A: Complete as explained in Section 9.4 below and return with bid, if applicable.

• Attachment E – Non-Collusive Bidding Certificate: Complete and return with bid. Required by Section 139-D of the State Finance Law

• Attachment G – MWBE Utilization Plan: If M/WBE goals have been established in Attachment A, then complete and return with bid.

• Attachment G-1 – Application for Waiver of MWBE Goals (if applicable): Complete if MWBE participation goals cannot be met and good faith efforts have been performed.

• Attachment H – SDVOB Contractor Utilization Plan: If SDVOB goals have been established in Attachment A, then complete and return with bid.

• Attachment H-1 – Application for Waiver of SDVOB Goals (if applicable): Complete if SDVOB participation goals cannot be met and good faith efforts have been performed.

• Attachment I – MWBE Goals and EEO Policy Statement: Complete per the instructions.

• Attachment I-1 - EEO Employment Opportunity Staffing Plan: Complete and return with bid.

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• Attachments J-1 and J-2: Complete Offeror’s Affirmation of Understanding (J-1) OMH Offeror Disclosure of Prior Non-Responsibility Determinations/Attachment (J-2).

• Attachment K – Vendor Responsibility Questionnaire: Complete either hard copy or online.

Please refer to Section 9.8, Vendor Responsibility and Attachment K within the Library of Attachments for a detailed explanation and links to the most current forms to use.

• Obtain a Vendor Registration Number if you are not already registered to do business with New York State entities. Access the link in Attachment G for the Substitute W-9. Complete the online form electronically, download the completed form, and sign in the designated area. All vendors are required to have a vendor registration number to do business with New York State.

• Attachment L – Business References: Provide three (3) Business References. Include any NY State Agencies, if applicable.

• Attachment M: Encouraging the Use of New York State Subcontractors and Supplies (if applicable).

• Attachment N – New York State Business Usage Form (if applicable).

• Attachment P – Sexual Harassment Prevention Certification: Complete and return with bid.

• Attachment Q – Gender-Based Violence and the Workplace Certification: Complete and return with bid (model policy available upon request to the designated contact).

• Attachment R – Certification Under Executive Order 16: Complete and return with bid

• Proof of insurance and licensing as stated in Section 10, Insurance Requirements and the OMH contract boilerplate.

• If required, provide verification of being registered to conduct business in New York State or State of Corporate main office. For NYS verification, go to NYS Department of State at www.dos.ny.gov; for any other state, go to that state’s licensing agency.

• Submit proof of coverage for New York State Workers’ Compensation & Disability Benefits Insurance as explained in Sections 10.1 and 10.2 of this IFB.

• Complete Form ST-220-CA Contractor Certification. The Contractor must file Form ST-220-CA to certify that it has filed Form ST-220-TD with the Tax Department and that the information contained therein is complete and accurate. Links to the Tax forms and further information are available in Section 9.9, Sales and Compensating Use Tax Certification of this solicitation.

8. EVALUATION AND AWARD

8.1. Determination/Method of Award

The contract shall be awarded to the responsive and responsible bidder offering the lowest total bid amount and who meets all minimum mandatory requirements as defined in the solicitation document and contract boilerplate.

OMH reserves the right to evaluate and/or reject all bids, in whole or in part, and to waive or modify technicalities, irregularities, and omissions or solicit new bids if, in the Agency’s sole judgement, the best interests of the State http://www.dos.ny.gov/

12 of 51 OMH State Operations (8/9/2023) will be served. Following contractor selection and prior to contract signing, OMH reserves the right to further negotiate costs or other specifics with the tentative awardee.

In the event of tied bids between two or more bidders award shall be made by a drawing by lot limited to those bidders. If time permits, the bidders involved shall be given an opportunity to attend the drawing. The drawing shall be witnessed by three persons and the contract file shall contain the names and contact information of the witnesses and the person supervising the drawing.

9. ADMINISTRATIVE INFORMATION

9.1. Term of the Agreement

The term of the agreement shall be three (3) years from the date of approval of the contract by the New York State Office of the State Comptroller.

9.2. Debriefing

A debriefing is available to any entity that submitted a response to this solicitation. A debriefing must be requested in writing within seven (7) business days of OMH’s notification of selection or non-selection. On Offeror’s written request for a debriefing must be submitted to the Designated Contact(s) identified in this solicitation. The debriefing shall occur as soon as practicable upon OMH’s receipt of a written request for a debriefing.

9.3. Protest Procedures

An Offeror wishing to challenge the selection of a firm for contract award must submit a written Notice of Protest on Business Letterhead within seven (7) Business Days of OMH’s notification of selection and non-selection to the Designated Contact(s) identified in this solicitation. If a request for a debriefing is conducted as set forth in this solicitation, then a Notice of Protest is due within two (2) Business Days after the Debriefing has occurred.

The Notice of Protest must include, at a minimum, the following information: A) Solicitation Number and Title; B) The specific factual and/or legal allegations setting forth the basis on which the protesting party challenges the selection, and C) a Contact Name, Address, Phone Number, and Email Address to which OMH shall send its Protest Determination.

OMH will review the Notice of Protest and within fifteen (15) Business Days notify the protesting party of its protest determination. If OMH requires additional time, the protesting party shall be notified in writing within the above state fifteen (15) Business Days. OMH may summarily deny a protest that fails to contain specific factual and/or legal allegations.

Upon receipt of OMH’s Protest Determination, the protesting party may file an appeal with the NYS Office of the State Comptroller (OSC). The process for filing such an appeal is set forth at:

https://web.osc.state.ny.us/agencies/guide/MyWebHelp/Content/XI/17.htm

9.4. NYS Department of Labor Prevailing Wage Rates

http://www.labor.ny.gov/workerprotection/publicwork/PWReqforOWS.shtm

Pursuant to Labor Law § 220-i, effective December 30, 2024, (i) contractors are prohibited from bidding on contracts for public work, and (ii) contractors and subcontractors are prohibited from commencing work on covered projects subject to Labor Law §§ 224-A and 224-D or other projects that are privately owned and subject to the provisions of Labor Law Article 8, without registering with the Department of Labor. A contractor’s timely proof of certificate of registration must be provided by the bid due date and time.

https://web.osc.state.ny.us/agencies/guide/MyWebHelp/Content/XI/17.htm http://www.labor.ny.gov/workerprotection/publicwork/PWReqforOWS.shtm

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Information on how to Register for the Contractor and Subcontractor Registry may be found here:

https://dol.ny.gov/how-register-contractor-and-subcontractor-registry

Contractors can review their registration status at: https://data.ny.gov/Government-Finance/Contractor-Registry- Certificate/i4jv-zkey/data_preview

ALL PUBLIC WORKS AND BUILDING SERVICE CONTRACTS, REGARDLESS OF A DOLLAR VALUE,

REQUIRE THE PAYMENT OF PREVAILING WAGES AND SUPPLEMENTS AS ESTABLISHED BY LAW BY

THE DEPARTMENT OF LABOR.

A copy of the prevailing wage schedules that apply to this solicitation is available at on https://apps.labor.ny.gov/wpp/publicViewProject.do?method=showIt&id=1624763 and is hereby incorporated by reference and made part hereto as fully as if it were set forth at length herein. This schedule is 2 pages in length and has a PRC # of 2026901189. See Exhibit D-1 in the Library of Attachments for further information.

NOTE: By submitting a bid to this solicitation the Bidder is acknowledging that they have reviewed the prevailing wage rates that apply to this solicitation.

9.5. Right To Modify

OMH reserves the right to modify any part of this solicitation, including but not limited to, the date and time by which responses must be submitted and received by OMH, at any time prior to the Due Date & Time listed in Section 2, Key Dates and Events. Modifications shall be made by issuance of amendments and/or addenda.

Prior to the Due Date and Time, any such clarifications or modifications as deemed necessary by be posted to the NYS Contract Reporter Ad and subsequent email notification will be provided to all potential Vendors known to OMH that have received access to this solicitation. OMH also reserves the right to cancel this solicitation, in whole or in part, and to reject any and all proposals.

If the Vendor discovers any ambiguity, conflict, discrepancy, omission, or other error in these documents, the Vendor must immediately notify OMH of such error in writing and request clarification or modification of the document. If, prior to the Due Date & Time, a Vendor fails to notify OMH of a known error or an error that reasonably should have been known, the Vendor must assume the risk of proposing. If awarded the contract, the Vendor will not be entitled to additional compensation by reason of the error or its correction.

9.6. Freedom of Information Requirements

All responses submitted for OMH’s consideration will be held in confidence. However, the resulting contract is subject to New York State Freedom of Information Law (FOIL). Therefore, if a Vendor believes that any information in its bid constitutes a trade secret or should otherwise be treated as confidential and wishes such information not to be disclosed if requested, pursuant to FOIL. (Article 6 of the Public Officer’s Law), the Vendor must submit with its bid a separate letter specifically identifying the page number(s), line(s), or other appropriate designation(s) containing such information, explaining in detail why such information is a trade secret and formally requesting that such information be kept confidential. Failure by a Vendor to submit such a letter with its bid identifying trade secrets will constitute a waiver by the Vendor of any rights it may have under Section 89(5) of the Public Officers’ Law relating to protection of trade secrets. The proprietary nature of the information designated confidential by the Vendor may be subject to disclosure if ordered by a court of competent jurisdiction.

A request that an entire bid be kept confidential is not advisable since a bid cannot reasonably consist of all data subject to FOIL proprietary status.

9.7. Vendor Responsibility

Section 163 of the State Finance Law requires that contracts be awarded on the basis of lowest price or best value to a responsive and responsible Offeror. The State and courts have determined that responsibility includes https://dol.ny.gov/how-register-contractor-and-subcontractor-registry https://data.ny.gov/Government-Finance/Contractor-Registry-Certificate/i4jv-zkey/data_preview https://data.ny.gov/Government-Finance/Contractor-Registry-Certificate/i4jv-zkey/data_preview https://apps.labor.ny.gov/wpp/publicViewProject.do?method=showIt&id=1624763

14 of 51 OMH State Operations (8/9/2023) integrity, previous performance, legal authority to do business in New York State, and financial and organizational ability to perform the contract.

As part of the procurement process, Offerors, affiliates and any business entity of which the Offeror is a subsidiary and subcontractors (where the subcontractor is known at the time of the contract award, its qualifications are a material factor in the award, and its subcontract will equal or exceed $100,000 over the life of the contract) are required to complete the Vendor Responsibility Questionnaire and submit it with its proposal.

OMH shall conduct reviews of each Vendor for responsibility and responsiveness. The OMH may, at its sole discretion, request additional information, including meeting with the Offeror.

If the Offeror is determined by the OMH to be not responsible, the OMH shall inform the Offeror of such ruling.

The Offeror shall have thirty (30) days to request a meeting with the OMH to explain the ruling and to demonstrate the finding to be incorrect or to correct/resolve any issues impacting the Offeror’s responsibility. If the OMH’s findings remain unchanged after meeting with the Offeror, the Offeror shall be removed from consideration for this contract.

The Offeror that is awarded this contract shall update the Vendor Responsibility Questionnaire whenever such information changes and prior to any contract extensions and/or amendments. In the case of an assignment, a Vendor Responsibility Questionnaire should be submitted for the Contractor and Subcontractors. If the Offeror is determined, on the basis of new or previously undisclosed information, to be not responsible, the contract may be terminated, at the OMH’s sole discretion.

9.8. Sales and Compensating Use Tax Certification (Tax Law, § 5-A)

Tax Law § 5-a requires contractors awarded State contracts for commodities or services valued at more than $100,000 over the full term of the contract to certify to the New York State Department of Taxation and Finance (“DTF”) that they are registered to collect New York State and local sales and compensating use taxes, if they made sales delivered by any means to locations within New York State of tangible personal property or taxable services having a cumulative value in excess of $300,000, measured over a specific period of time. The registration requirement applies if the contractor made a cumulative total of more than $300,000 in sales during the four completed sales tax quarters which immediately precede the sales tax quarter in which the certification is made. Sales tax quarters are June – August, September – November, December – February, and March – May. In addition, contractors must certify to DTF that each affiliate and subcontractor of such contractor exceeding such sales threshold during a specified period is registered to collect New York State and local sales and compensating use taxes. Contractors must also certify to the procuring State entity that they filed the certification with the DTF and that it is correct and complete.

The selected Contractor must file a properly completed Form ST-220-CA (with OMH as the Contracting Agency within 48 hours of notification of selection for award) and Form ST-220-TD (with the DTF). These requirements must be met before a contract may take effect. Further information can be found at the New York State Department of Taxation and Finance’s website, available through this link:

www.tax.ny.gov/pdf/publications/sales/pub223.pdf.

Forms are available through these links:

ST-220 CA: http://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf ST-220 TD: http://www.tax.ny.gov/pdf/current_forms/st/st220td_fill_in.pdf

9.9. Extraneous Terms

Proposals shall conform to the terms set forth in the IFB. Material deviations may render the Proposal nonresponsive and may result in the rejection of the Proposal. Extraneous terms proposed by a Bidder for consideration shall be submitted using the format and process set forth in the IFB. Any Bidder submissions on standard, pre-printed forms, such as, but not limited to, product literature, order forms, license agreements, http://www.tax.ny.gov/pdf/publications/sales/pub223.pdf http://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf http://www.tax.ny.gov/pdf/current_forms/st/st220td_fill_in.pdf

15 of 51 OMH State Operations (8/9/2023) contracts, or other documents that are attached or referenced with submissions shall not be considered part of the bid or resulting Contract but shall be deemed included for informational or promotional purposes only. Only extraneous terms accepted by the OMH, in writing, shall be expressly incorporated into the Contract. Acceptance and/or processing of a Proposal shall not constitute acceptance of extraneous terms. OMH can not consider any exceptions to Appendix A, Standard Clauses for New York State Contracts.

9.10. Clarification Process

The OMH evaluation team may request clarification from a Bidder for the purpose of resolving any ambiguity or questioning information presented in the Proposal. Clarifications are an opportunity to explain, but not to make changes to, a Proposal. Responses shall be submitted to OMH within the time stipulated at the time of the request. As applicable, clarifications will be treated as addenda to the Proposal.

9.11. Material Deviations

Material requirements of the solicitation are those designated as mandatory, without which an adequate analysis and comparison of vendor submissions is impossible, or those that affect the competitiveness of responses received or the cost to the OMH. Submissions that do not meet all material requirements or that fail to provide all required and mandatory information, documents, or supporting materials, or include language that is conditional or contrary to terms, conditions, and requirements, may be rejected as nonresponsive. The OMH, in its sole discretion, reserves the right to determine whether a submission meets the material requirements of this solicitation.

9.12. New Releases and Advertising

No public discussion or news release pertaining to this solicitation or the goods and services to which any resulting contract relates may be made without prior written approval from the OMH Public Information Office.

Then only in accordance with the express written instructions from OMH. No outcome of the award under this procurement may be released without prior approval by OMH and then only to persons designated by the agency. Each Bidder agrees not to use OMH’s name, logos, images, nor any data or results arising from this procurement or Contract as part of any commercial advertising without prior written approval by the OMH Public Information Office, and then only in consultation and cooperation with the agency.

9.13. Executive Order No. 16: Prohibiting State Agencies and Authorities from Contracting with Businesses Conducting Business in Russia

As set forth in Executive Order No. 16 (EO16), all affected State Entities are directed to refrain from entering into any new contract or renewing any existing contract with an entity conducting business operations in Russia.

EO16 is intended to ensure that New York State is not entering into contracts with these entities and thereby indirectly supporting Russia’s war against the Ukrainian people.

A copy of EO16 is available at https://www.governor.ny.gov/sites/default/files/2022-03/EO_16.pdf

9.14. Executive Summar No. 22: Leading By Example: Directing State Agencies to Adopt a Sustainability and Decarbonization Program

As set forth in Executive Order No. 22 (EO22), the State of New York is dedicated to the pursuit of environmental quality, sound public health, economic prosperity, and social well-being. In recognition that the State's procurement of commodities, services, and technology can be enhanced through State agency and public authority choices that minimize the negative environmental and health impacts of their operations, OMH encourages the Bidder/Contractor to make good faith efforts to provide commodities, services and technology solutions that are consistent with the provisions set forth in EO22, with a particular focus on GreenNY specifications.

https://www.governor.ny.gov/sites/default/files/2022-03/EO_16.pdf

16 of 51 OMH State Operations (8/9/2023)

A copy of EO22 is available at https://www.governor.ny.gov/executive-order/no-22-leading-example-directing-state-agencies-adopt-sustainability-and.

A list of GreenNY specifications are available at https://ogs.ny.gov/greenny/approved-greenny-specifications.

10. INSURANCE REQUIREMENTS

Sections 57 and 220 of the New York State Workers’ Compensation Law (WCL) provide that NYS state agencies such as OMH shall not enter into any contract unless proof of workers’ compensation and disability benefits insurance coverage is produced. Prior to entering into a contract with OMH, successful Vendors will be required to verify for OMH, on forms authorized by the New York State Workers’ Compensation Board, the fact that they are properly insured or are otherwise in compliance with the insurance provisions of the WCL. The forms to be used to show compliance with the WCL are listed below. Any questions relating to either workers’ compensation or disability benefits coverage should be directed to the State of New York Workers’ Compensation Board, Bureau of Compliance at (518) 486-6307. Failure to provide verification of either of these types of insurance coverage by the time contracts are ready to be executed will be grounds for disqualification of an otherwise successful contract award.

10.1. Proof of Workers’ Compensation Coverage

Upon notification of award, the successful Vendor will be requested to submit ONE of the following forms as Workers’ Compensation documentation:

• Form C-105.2 – Certificate of Workers’ Compensation Insurance issued by private insurance carrier (or Form U-26.3 issued by the State Insurance Fund); or

• Form SI-12 – Certificate of Workers’ Compensation Self-Insurance (or Form GSI-105.2 Certificate of Participation in Workers’ Compensation Group Self-Insurance); or

• Form CE-200 – Certificate of Attestation of Exemption from New York State Workers’ Compensation and/or Disability Benefits Coverage.

10.2. Proof of Disability Benefits Coverage

Upon notification of award, the successful Vendor will be requested to submit ONE of the following forms as Disability documentation:

• Form DB-120.1 – Certificate of Disability Benefits Insurance; or

• Form DB-155 – Certificate of Disability Benefits Self-Insurance; or

• Form CE-200 – Certificate of Attestation of Exemption from New York State Workers’ Compensation and/or Disability Benefits Coverage.

Further information is available at the Workers’ Compensation Board’s website, which can be accessed through this link: http://www.wcb.ny.gov.

10.3. Additional Insurance Information

Prior to the start of work the Contractor shall procure at its sole cost and expense, and shall maintain in force at all times during the term of this Agreement, policies of insurance as herein below set forth, written by companies authorized by the New York State Insurance Department to issue insurance in the State of New York with an A.M. Best Company rating of A or better. The OMH may, at its sole discretion, accept policies of insurance written by a non-authorized carrier or carriers when Certificates and/or other policy documentation is accompanied by a completed Excess Lines Association of New York (ELANY) Affidavit; provided that nothing herein shall be construed to require the Agency to accept insurance placed with a non-authorized carrier under any circumstances.

https://www.governor.ny.gov/executive-order/no-22-leading-example-directing-state-agencies-adopt-sustainability-and https://www.governor.ny.gov/executive-order/no-22-leading-example-directing-state-agencies-adopt-sustainability-and https://ogs.ny.gov/greenny/approved-greenny-specifications http://www.wcb.ny.gov/

17 of 51 OMH State Operations (8/9/2023)

The Contractor shall deliver to OMH evidence of such policies in a form acceptable to the OMH. These policies must be written in accordance with the requirements of the paragraphs below, as applicable.

General Conditions

Conditions Applicable to Insurance. All policies of insurance required by this agreement must meet the following requirements:

Coverage Types and Policy Limits: The types of coverage and policy limits required from the Contractor are specified in Appendix G of the OMH contract boilerplate.

Policy Forms: Except as may be otherwise specifically provided herein or agreed in writing by OMH, policies must be written on an occurrence basis. Under certain circumstances, the OMH may elect to accept policies written on a claims-made basis provided that, at a minimum, the policy remains in force throughout the performance of the services and for three (3) years after completion of the Contract. If the policy is cancelled or not renewed during that time, the Contractor must purchase at its sole expense Discovery Clause coverage sufficient to complete the 3-year period after completion of the Contract. Written proof of this extended reporting period must be provided to the Agency prior to the policy’s expiration or cancellation.

Certificates of Insurance/Notices: Contractor shall provide a Certificate or Certificates of Insurance, in a form satisfactory to the OMH, before commencing any work under this contract. Certificates shall reference the Contract Number. Certificates shall be mailed to the:

NYS Office of Mental Health Bureau of Procurement Enterprise Services

75 New Scotland Avenue – Unit R Albany, NY 12208

Unless otherwise agreed, policies shall be written so as to include a provision that the policy will not be canceled, materially changed, or not renewed without at least thirty (30) days prior written notice except for non-payment as required by law to the OMH, Attn: NYS Office of Mental Health, 75 New Scotland Avenue, Albany, NY 12208.

In addition, if required by the OMH, the Contractor shall deliver to the OMH within forty-five (45) days of such request a copy of any or all policies of insurance not previously provided, certified by the insurance carrier as true and complete.

Certificates of Insurance shall:

o Be in the form approved by OMH.

o Disclose any deductible, self-insured retention, aggregate limit or any exclusion to the policy that materially changes the coverage required by the contract.

o Specify the Additional Insureds and Named Insureds as required herein.

o Refer to this Contract by number, the Supplemental Certificate, and any other attachments on the face of the certificate, o When coverage is provided by a non-admitted carrier, be accompanied by a completed ELANY Affidavit, and o Be signed by an authorized representative of the insurance carrier or producer.

o Original, copies, faxed, and electronic documents (Certificates of Insurance, Supplemental Insurance Certificates and other attachments) will be accepted.

Primary Coverage: All insurance policies shall provide that the required coverage shall apply on a primary and not on an excess or contributing basis as to any other insurance that may be available to the OMH for any claim arising from the Contractor’s Work under this contract, or as a result of the Contractor’s activities. Any other insurance maintained by the OMH shall be excess of and shall not contribute with the Contractor’s insurance regardless of the ―other insurance clause contained in the Agency’s own policy of insurance.

Policy Renewal/Expiration: At least two (2) weeks prior to the expiration of any policy required by this contract, evidence of renewal or replacement policies of insurance with terms no less favorable to the OMH than the

18 of 51 OMH State Operations (8/9/2023) expiring policies shall be delivered to the OMH in the manner required for service of notice in the Certificates of Insurance/Notices paragraph above. If, at any time during the term of this contract, the coverage provisions and limits of the policies required herein do not meet the provisions and limits set forth in the Contract or proof thereof is not provided to the OMH, the Contractor shall immediately cease Work on the Project. The Contractor shall not resume Work on the Project until authorized to do so by the OMH. Any delay, time lost, or additional cost incurred as a result of the Contractor not having insurance required by the Contract or not providing proof of same in a form acceptable to the OMH, shall not give rise to a delay claim or any other claim against the OMH.

Should the Contractor fail to provide or maintain any insurance required by this contract, or proof thereof is not provided to the OMH, the OMH may withhold further contract payments, treat such failure as a breach or default of the contract, and/or, after providing written notice to the Contractor, require the Surety, if any, to secure appropriate coverage and/or purchase insurance complying with the Contract and charge back such purchase to the Contractor.

Self-Insured Retention/Deductibles: Certificates of Insurance must indicate the applicable deductible/self-insured retention on each policy. For Construction contracts – General, Environmental, and/or Builders’ Risk deductibles or self-insured retentions above $100,000 are subject to approval from the OMH. Additional surety/security may be required in certain circumstances. The Contractor shall be solely responsible for all claim expenses and loss payments within the deductible or self-insured retention.

Subcontractors: Should the Contractor engage a Subcontractor, the Contractor shall endeavor to impose the insurance requirements of this document on the Subcontractor, as applicable. Required insurance limits should be determined commensurate with the work of the Subcontractor. Proof thereof shall be supplied to the OMH.

11. OMH RESERVED RIGHTS

OMH reserves all rights with respect to solicitation responses, including, but not limited to:

• Withdraw the solicitation at any time, at its sole discretion;

• Disqualify any Offeror whose conduct and/or proposal submission fails to conform to the requirements set forth herein;

• Seek clarifications and revisions of proposals;

• Use information obtained through site visits, management interviews and the State’s…