IFB 26-066 - Commissary Items.pdf

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Invitation for Bid: IFB 26-066 For the procurement of: Commissary Buys

EVENT DATES:

Receipt of Questions from Potential Bidders: August 26 2026 by 3:00 PM ET

Questions & Answers sent by OMH: September 2, 2026

Proposal Submission/No Bid Due Date and Time: September 10, 2026 by 3:00 PM ET

Date IFB Issued August 18, 2026

Bidder Protest Deadline:

OMH must receive no later than 7 business days after date on non-select letter

Anticipated Contract Start/End Dates: OSC Approval - October 1, 2031

1. Scope of Work:

This contract encompasses Secure Treatment and Rehabilitation Center-Oakview (STARC-Oakview) located in Marcy, NY. For this contract, CONTRACTOR will provide items for commissary to the STARC- Oakview (OV) located on the campus Central New York Psychiatric Center (CNYPC), 9005 Old River Rd., Marcy, NY 13403.

The total population served is between 300-310 individuals. This population is housed in two buildings on CNYPC campus (Building 39 and Building 41). Each building can contain up to 150 residents each, and all residents can order Commissary every week. Residents can each order $45.00-$60.00 worth of Commissary per week.

STARC OV has two commissary locations where deliveries will be made (Building 39 and Building 41). The current commissary sells health and beauty hygiene supplies, snacks, microwave ready meals, greeting cards, etc. The Commissary store offers 171 products. On average, 90% of products are comprised of food-related items, 10% personal hygiene items and greeting cards.

a. CONTRACTOR must be able to supply all products listed on the Bid Quote Sheet. If a vendor would like to propose a substitute item, it must do so by the question deadline.

b. All products need to be individually packaged.

i. No glass containers.

ii. No metal or aluminum (including foil) packaging.

c. All products must have a shelf life of at least 3 months past delivery date and should be delivered in the same shelf-life sequence as ordered.

d. All products must have labels printed in English

e. CONTRACTOR shall have consistent stock in the items STARC OV purchases. CONTRACTOR shall have all the items on the awarded price list available to order. No substitutions are allowed.

f. CONTRACTOR shall offer a wide variety of items per the attached list. Generic brands may be considered but must be presented prior to the question deadline so OMH may indicate if the proposed substitute is acceptable.

g. Order and Delivery:

i. CONTRACTOR shall receive orders from the FACILITY on a weekly basis. Orders can be placed via phone, email, fax or online. CONTRACTOR must specify to FACILITY the method of placing an order.

ii. Any items not in stock must be communicated to the FACILITY at the time of order. If an item is not available after order is placed, CONTRACTOR must notify the FACILITY in real time as the order is placed (no matter which method is used).

iii. CONTRACTOR shall deliver on a weekly basis.

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iv. Any items out of stock must be communicated by the CONTRACTOR to the FACILITY within 24 hours.

v. CONTRACTOR shall deliver to CNYPC Storehouse on campus.

vi. Orders cannot be combined between the two buildings.

h. CONTRACTOR must deliver orders within two business days’ timeframe from the time the orders are placed. This allows the Storehouse to have time to have the items delivered before the day the items are sold.

i. CONTRACTOR shall provide 4 physical catalogs of products offered that include pricing. CONTRACTOR shall provide any updated catalogs as soon as possible. If any items are discontinued between delivery of catalogs, FACILITY must be notified. The CONTRACTOR shall provide an updated catalog should any price adjustments be approved.

j. Average weekly orders are up to $8,000.00 weekly and could be $25,000.00 monthly. The CONTRACTOR must be able to provide product to the FACILITY in this range.

k. Bidders must submit a bid price for all items listed in Attachment D – Bid Quote Sheet. Failure to provide a bid for every single item will result in the bid being deemed non-responsive and incomplete.

2. Issuing Office/Permissible Contacts:

The issuing office named below is the sole point of contact in the State for matters related to this IFB.

Pursuant to State Finance Law 139-j and 139-k, this IFB includes and imposes certain restrictions on communications between OMH and an Offeror/bidder during the procurement process. Please reference Attachment J, Summary of OMH Procurement Lobbying Guidelines, included with this solicitation.

Attention: Tyler Bielawski Title: Contract Management Specialist 1 Facility Name NYS Office of Mental Health

Address: 75 New Scotland Avenue Albany, NY 12208

Phone: 518-549-1609 E-Mail: Tyler.Bielawski@omh.ny.gov

3. Questions and Answers:

All questions must be submitted in writing by the bidder. All eligible bidders will receive an email containing the official responses to all questions received by the due date.

All written questions regarding this solicitation must be sent to bids@omh.ny.gov via e-mail only by August 25 2026 by 3:00 PM ET. Questions and answers will be accumulated by NYS Office of Mental Health and sent to all potential bidders by September 1, 2026 . Questions and Answers will also be posted to the New York State Contract Reporter Ad.

4. MWBE/EEO/SDVOB Participation Requirements:

Minority and Woman Business Enterprises (MWBE), Equal Employment Opportunity (EEO), and Service- Disabled Veteran Owned Business (SDVOB) program requirements are set forth in Attachment A.

5. New York State Business Usage Requirements:

Encouraging New York State Businesses in performance of Contracts as set forth in Attachment A-3 and Attachment N.

mailto:bids@omh.ny.gov

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6. Response Date:

Electronic bids must be submitted to the Issuing Office via email by the bid submission due date and time.

No facsimile, hard copy, cloud-based storage service (or similar) 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 bid requires files be sent in multiple emails, indicate the email number, e.g. 1 of 2.

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

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.

Bids 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 Bidders. Bidders may modify, in writing, the content of any bid at any time prior to the bid due date and time. Bids may be withdrawn or canceled before the bid due date and time.

7. Determination/Method of Award:

The purchase authorization contract will be awarded to the responsible and responsive Bidder offering the lowest total bid amount on all required items and who also meets all minimum mandatory requirements, as defined in Section 8 below. 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 judgment, the best interest of the State will be served. Following contractor selections, OMH reserves the right to further negotiate costs or other specifics.

Upon determination of the lowest responsive and responsible bid, a contract will be sent to the successful Bidder for signature and shall be returned to the Issuing Office for all necessary State approvals. Upon final approval, a completely executed contract will be delivered to the Contractor.

In the case of tied bids between two or more bidders, OMH shall select the tied Bidder who has been in business for the most number of years.

8. Mandatory Bid Submission Requirements:

A. The submission of a bid constitutes a binding offer to perform said services. 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.

B. 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) OMH reserves the right to disqualify any bid that does not include the required documents:

mailto:bids@omh.ny.gov

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1) Attachment C – Solicitation Cover Sheet: must be used as the first page/cover sheet.

2) Include proof of having been in business performing the required type of service for at least 3 years.

3) 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 on Form ST-220-TD is correct and complete as of the date that the Contractor files Form ST-220-CA. Access and complete Form ST-220-CA by using the following link:

http://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf

Please note that Form ST-200-TD must be filed with the NYS Tax Department at the address on the front page of the form. You can access Form ST-220-TD using the following link:

http://www.tax.ny.gov/pdf/current_forms/st/st220td_fill_in.pdf

For Questions and Answers Concerning Tax Law Section 5-a, go to NYS Department of Tax and Finance at http://www.tax.ny.gov/pdf/publications/sales/pub223.pdf .

4) Attachment D – Bid Quote Sheet: Bids shall be submitted utilizing this form only.

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

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

7) Attachment G – Vendor Responsibility Questionnaire: Complete either hard copy or online Please refer to Attachment G for a detailed explanation and links to the most current forms to use.

8) 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. Return the completed W-9 with the other bid documents to the designated individual at the OMH facility.

All vendors are required to have a vendor registration number to do business with New York State.

9) 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).

10) Attachment A-2 – MWBE Goals and EEO Policy Statement: Complete per the instructions.

11) Attachment K - EEO Employment Opportunity Staffing Plan: Complete and return with bid.

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

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

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

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

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

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16) Attachment A-3: Encouraging the Use of New York State Subcontractors and Supplies (if applicable).

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

18) Attachment O – Sexual Harassment Prevention Certification: Complete and return with bid.

19) Proof of insurance and licensing as stated in this document.

20) 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.

21) Submit proof of coverage for New York State Workers’ Compensation & Disability Benefits Insurance as explained in Section 9 of this IFB.

22) If required, provide proof of a valid Certificate of Registration with the NYS Department of Labor, as explained in Section 13 of this IFB.

9. New York State Worker Compensation & Disability Benefits Insurance Requirements:

A. Workers’ Compensation Requirement: Section 57 of the New York State Workers Compensation Law (WCL) requires that State and municipal entities prior to entering into a contract must ensure that the contractor applying for that contract has appropriate New York State Workers’ Compensation Insurance coverage.

Therefore, as part of your bid submission, you must provide one of the following forms to meet this requirement. Failure to submit one of these forms may result in rejection of your bid.

1) CE-200 Certificate of Attestation For New York Entities With No Employees And Certain Out Of State Entities, That New York State Workers’ Compensation and/or Disability Benefits Insurance Coverage Is Not Required:

Form CE-200 can be filled out electronically on the New York State Workers Compensation Board’s website, http://www.wcb.ny.gov/ , under the heading “Forms.” Applicants filling electronically are able to print a finished Form CE-200 immediately upon completion of the electronic application.

Applicants without access to a computer may obtain a paper application for the CE-200 by writing or visiting the Customer Service Center at any District Office of the Workers Compensation Board.

Applicants using the manual process may wait up to four (4) weeks before receiving a CE-200.

OR

2) C-105.2 Certificate of Workers’ Compensation Insurance (the contractor’s insurance carrier provides this form) PLEASE NOTE: The New York State Insurance Fund provides its own version of this form, the U-26.3;

OR

3) SI-12 Certificate of Workers’ Compensation Self-Insurance (To obtain this form, the contractor needs to call the New York State Workers’ Compensation Board, Self-Insurance Office at 518-402- 0247), OR GSI-105.2 – Certificate of Participation in Workers’ Compensation Group Self- Insurance (The Contractors Group Self-Insurer will provide this form).

B. Disability Benefit Insurance Requirement: Section 220(8) of the New York State Workers’ Compensation Law (WCL) requires that State and municipal entities prior to entering into a contract must http://www.dos.ny.gov/ http://www.wcb.ny.gov/

6 of 56 Revised (11/15/2024) ensure that the contractor applying for that contract has appropriate New York State disability benefits insurance.

All bidders as part of their bid submission must submit one of the following forms in order to meet this requirement. Failure to provide one of these forms may result in your bid being disqualified.

1) CE-200 Certificate of Attestation For New York Entities With No Employees And Certain Out Of State Entities, That New York State Workers Compensation And/or Disability Benefits Insurance Coverage Is Not Required:

Form CE-200 can be filled out electronically on the New York State Workers Compensation Board’s website, http://www.wcb.ny.gov/ , under the heading “Forms.” Applicants filling electronically are able to print a finished Form CE-200 immediately upon, completion of the electronic application.

Applicants without access to a computer may obtain a paper application for the CE-200 by writing or visiting the Customer Service Center at any District Office of the Workers Compensation Board.

Applicants using the manual process may wait up to four (4) weeks before receiving a CE-200.

OR

2) DB-120.1 Certificate of Disability Benefits Insurance (the contractor’s insurance carrier provides this form);

OR

3) DB-155 Certificate of Disability Benefits Self-Insurance (To obtain this form the contractor needs to call the New York State Workers Compensation Board’s Self-Insurance Office at 518-402-0247).

10. Additional Insurance Requirement:

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.

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

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

1) Coverage Types and Policy Limits. The types of coverage and policy limits required from the Contractor are specified below.

2) 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.

http://www.wcb.ny.gov/

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3) 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 Bid Number. Certificates shall be mailed to the:

NYS Office of Mental Health Bureau of Procurement Enterprise Services - Unit R

75 New Scotland Avenue 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:

a. Be in the form approved by OMH.

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

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

d. Refer to this bid document by number, the Supplemental Certificate, and any other attachments on the face of the certificate,

e. When coverage is provided by a non-admitted carrier, be accompanied by a completed

ELANY Affidavit, and

f. Be signed by an authorized representative of the insurance carrier or producer.

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

4) 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.

5) 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 expiring policies shall be delivered to the OMH in the manner required for service of notice in Paragraph A.3. Certificates of Insurance/Notices 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.

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6) 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.

7) 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.

8) General Liability Commercial General Liability Insurance, (CGL) covering the liability of the Contractor for bodily injury, property damage, and personal/advertising injury arising from all work and operations under this contract. The limits under such policy shall not be less than the following:

1. Each Occurrence limit - $1,000,000

2. General Aggregate – $2,000,000

3. Products/Completed Operations - $2,000,000

4. Personal Advertising Injury – $1,000,000

5. Damage to Rented Premises - $50,000

6. Medical Expense – $5,000

Coverage shall include, but not be limited to, the following: premises liability, independent contractors, blanket contractual liability, including tort liability of another assumed in a contract, defense and/or indemnification obligations, including obligations assumed under this contract, cross liability for additional insured’s, products/completed operations for a term of no less than 3 years, commencing upon acceptance of the work, as required by the contract, explosion, collapse, and underground hazards, contractor means and methods, liability resulting from Section 240 or Section 241 of the New York State Labor Law.

The following ISO forms must be endorsed to the policy:

a. CG 00 01 01 96 or an equivalent – Commercial General Liability Coverage Form

b. CG 20 10 11 85, or, an equivalent- Additional Insured-Owner, Lessees or Contractors (Form B)

c. CG 25 03 11 85 or, an equivalent - Designated Construction Project(s) general aggregate limit (only required for construction contracts).

Limits may be provided through a combination of primary and umbrella/excess liability policies. The CGL aggregate shall be endorsed to apply on a per project basis for construction contracts.

Policies shall name NYS Office of Mental Health as Additional Insureds, and such coverage shall be extended to afford Additional Insured status to those entities during the Products/Completed Operations term.

The CGL policy, and any umbrella/excess policies used to meet the ― Each Occurrence‖ limits specified above, must be endorsed to be primary with respect to the coverage afforded the Additional Insureds, and such polic(ies) shall be primary to, and non-contributing with, any other insurance maintained by the OMH. Any other insurance maintained by the OMH shall be excess of and shall not contribute with the Contractor’s or Subcontractor’s insurance, regardless of the other insurance clause contained in either party’s policy of insurance.

11. Background Checks and Requirements for Contractor providing services in OMH-operated Facilities:

A. If the CONTRACTOR is providing services described in Section 1 Scope of Work, in his or her individual capacity such that the CONTRACTOR will have regular and substantial contact with any person who is receiving services or support from OMH:

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1) CONTRACTOR agrees to be screened by OMH against the Staff Exclusion List (“SEL”) and Statewide Child Abuse Registry List (“SCR”) in accordance with Social Services Law Sections 424-a and 495. In the event that SCR notifies OMH of the existence of an indicated report, CONTRACTOR agrees to provide written consent to the SCR to release to OMH any and all information SCR has regarding CONTRACTOR. CONTRACTOR shall provide such additional information as OMH, in its sole discretion, deems necessary to permit OMH to make a determination about CONTRACTOR’s suitability to provide the contract services. Any fees associated with this procedure will be paid by the OMH Facility.

2) By signing this Agreement, CONTRACTOR represents and warrants that:

i. CONTRACTOR has not previously engaged in any act in violation of any law which could compromise the health and safety of Facility patients.

ii. During the term of this Agreement, CONTRACTOR shall not engage in any act in violation of any law which could compromise the health and safety of Facility patients.

3) Prior to being permitted to provide services under this Agreement, CONTRACTOR shall execute the Justice Center Code of Conduct as required by the Protection of People with Special Needs Act. A copy of the Justice Center Code of Conduct can be found at the following link:

http://www.justicecenter.ny.gov/sites/default/files/documents/CodeOfConductForm-002.pdf

4) OMH may terminate the Agreement for cause immediately in the event that:

i. CONTRACTOR is listed on the SEL;

ii. CONTRACTOR fails to provide consent for release of information from SCR as required in subparagraph (a) above;

iii. CONTRACTOR fails to provide such additional information as OMH, in its sole discretion, deems necessary to permit OMH to make a determination about CONTRACTOR’s suitability to provider for the contract services;

iv. OMH, in its sole and absolute discretion, determines that CONTRACTOR is not suitable to provide the contract services based on information in the SCR or supplemental information provided by CONTRACTOR;

v. OMH receives reliable information that, prior or during the term of the Agreement, CONTRACTOR has engaged in an act in violation of the law which, in OMH’s sole and absolute discretion, could compromise the health and safety of Facility patients;

vi. CONTRACTOR fails to execute, or following execution, to comply with the required Justice Center Code of Conduct;

5) Prior to terminating the Agreement for cause as provided in subparagraph D(3)-(6) above, OMH shall provide CONTRACTOR with written notice and an opportunity to be heard. Contractor shall be suspended from performing services under the Agreement pending OMH’s final determination regarding termination.

B. If the CONTRACTOR provides the services described in Section 1 Scope of Work, via employees, agents, or subcontractors (subject individuals), wherein the subject individuals will have regular and substantial contact with any person who is receiving services or support from OMH:

1) CONTRACTOR shall assure that the subject individuals agree to be screened by OMH against the SEL and SCR in accordance with Social Services Law Sections 424-a and 495. In the event that SCR notifies OMH of the existence of an indicated report, CONTRACTOR agrees that subject individual must provide written consent to the SCR to release to OMH any and all information SCR has regarding the subject individual. CONTRACTOR shall ensure that subject individuals provide such http://www.justicecenter.ny.gov/sites/default/files/documents/CodeOfConductForm-002.pdf http://www.justicecenter.ny.gov/sites/default/files/documents/CodeOfConductForm-002.pdf http://www.justicecenter.ny.gov/sites/default/files/documents/CodeOfConductForm-002.pdf

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2) CONTRACTOR, solely at its own expense, shall pre-screen and conduct background checks which shall consist of an investigation to determine evidence of criminal history; verification of education, professional license, certification or other credentials required. CONTRACTOR assumes responsibility for ensuring that no subject individual has previously engaged in any act in violation of any law which could compromise the health and safety of Facility patients.

3) CONTRACTOR must assure that subject individuals agree to read and sign the Justice Center Code of Conduct.

4) OMH reserves the right to bar any subject individual from performing contract services under this Agreement in the event that such individual fails to meet the requirements set forth herein. OMH may terminate the Agreement for cause immediately in the event that CONTRACTOR is unable to provide services to the OMH facility via a subject individual who has complied with all requirements identified in items (i) – (iii) above.

12. Reserved Rights:

The New York State Office of Mental Health reserves the right to:

A. Withdraw the IFB at any time, at its sole discretion;

B. Disqualify any Bidder whose conduct and/or bid submission fails to conform to the requirements set forth in the IFB;

C. Seek clarifications and revisions of bid;

D. Use bid information obtained through site visits, management interviews, investigation of a Bidder’s qualifications, experience, ability or financial standing, and any material or information submitted by the Bidder in response to the OMH’s request for clarifying information in the course of evaluation and/or selection under this bid;

E. Prior to the bid due date, amend bid specifications to correct errors or oversights, or to supply additional information as it becomes available;

F. Change any of the scheduled dates stated herein;

G. Conduct contract negotiations with the next responsible Bidder should the OMH be unsuccessful in negotiating with the selected Bidder. This is to include completion of all required documents.

H. Adjust or correct cost or cost figures with concurrence of the Offeror if mathematical or typographical errors exist;

I. Wave requirements or amend this IFB upon notification to all Offerors. Mandatory requirements may be eliminated if unmet by all Offerors;

J. Reject any or all bids received in response to this IFB;

K. Make an award under this IFB in whole or in part;

L. Prior to the bid due date, direct Bidders to submit proposal modifications addressing subsequent amendments/modifications to this IFB;

M. Eliminate any mandatory, non-material specifications that cannot be complied with by any of the prospective Bidders, and waive any requirement of this IFB that are not material;

N. Negotiate with the successful Bidder within the scope of this IFB, in the best interests of the State;

O. Require clarification at any time during the procurement process and/or require correction of arithmetic

11 of 56 Revised (11/15/2024) or other apparent errors for the purpose of assuring a full and complete understanding of an Offeror’s bid and/or to determine an Offeror’s compliance with the requirements of the solicitation;

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

13. NYS Department of Labor Prevailing Wage Rates:

Does not apply to this solicitation.

14. Bid Confidentiality:

All bids submitted for OMH’s consideration will be held in confidence. However, the resulting purchase authorization contract and purchase order is subject to New York State Freedom of Information Law (FOIL).

Therefore, if a Bidder 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 Bidder shall 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 Bidder to submit such a letter with its bid identifying trade secrets will constitute a waiver by the Bidder 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 Bidder 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.

15. Contract Payment:

All contractors are required to participate in the Electronic Payment program offered by the NYS Office of the State Comptroller (OSC) as outlined in Appendix C – PAYMENT AND REPORTING SCHEDULE. Payment for invoices submitted by contractors will only be rendered electronically unless payment by paper check has been expressly authorized by OMH’s Office of Financial Management, at OMH’s sole discretion, due to extenuating circumstances. Electronic payments will be made in accordance with ordinary State procedures and practices. Contractors shall comply with the State Comptroller’s procedures to authorize electronic payments. For additional information and to apply for Electronic Payments, the CONTRACTOR is directed to the following web site: http://www.osc.state.ny.us/epay/index.htm.

16. Purchase Order Specifications

The resulting purchase authorization contract and purchase order(s) will be governed by APPENDIX A - STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS, incorporated as Exhibit 1, as well as all other terms and conditions published in this Invitation for Bid.

17. Debriefing:

A debriefing is available to any entity that submitted a proposal or bid in response to a solicitation. A Bidder will be accorded fair and equal treatment with respect to its opportunity for debriefing. A Debriefing must be requested in writing by the entity within fifteen (15) calendar days of OMH notifying of Bidder Selection/Non-Selection. A Bidder’s written request for a debriefing shall be submitted to the designated contact indicated in Section 2. The debriefing shall occur within ten (10) days of OMH’s receipt of this request or as soon after that time as practicable under the circumstances.

18. Protest Procedure:

A Bidder wishing to challenge the selection of a firm for award must send a Notice of Protest on business letterhead, within seven (7) business days of notice of a purchase order being awarded, to the OMH designated contact in Section 2 of this IFB. If a request for a debriefing is received by OMH as set forth in http://www.osc.state.ny.us/epay/index.htm

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Section 17 of this IFB, then a Notice of Protest is due within two business days after the debriefing session occurs.

The Notice of Protest must include at a minimum the following information: (a) Bid number and title, (b) the specific factual and/or legal allegations setting forth the basis on which the protesting party challenges the award, and (c) a contact name, address, and e-mail address to which OMH may address 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, then it will notify the protesting party within the above stated fifteen (15) business days. OMH may summarily deny a protest that fails to contain specific factual or legal allegations. Upon receipt of OMH’s Protest Determination, the protesting party may file an appeal with the Office of the State Comptroller (OSC). The process for filing such an appeal is set forth at:

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

19. Executive Order 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.

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.

20. Executive Order No. 32: Establishing State Agency Food Purchasing Goals for New York State Agricultural Products

As set forth in Executive Order No. 32 (EO32), the State of New York recognizes the New York agricultural industry is a critical part of our State’s history, economy, and future. The State is committed to supporting farms, maintaining their economic viability that contributes to the resilience of the supply chain and using its food procurement policies and programs to build a more resilient and equitable food system. In recognition of this, OMH is committed to procuring food and food products grown, harvested, or produced in New York, to strengthen local economies and contribute to a more resilient and equitable food system statewide. OMH encourages the Bidder/Contractor to make good faith efforts to provide products that are consistent with the provisions set forth in EO32.

A copy of EO32 is available at https://www.governor.ny.gov/executive-order/no-32-establishing-state-agency-food-purchasing-goals-new-york-state-agricultural.

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https://www.osc.state.ny.us/agencies/guide/MyWebHelp/Content/XI/17.htm 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 https://ogs.ny.gov/greenny/approved-greenny-specifications https://www.governor.ny.gov/executive-order/no-32-establishing-state-agency-food-purchasing-goals-new-york-state-agricultural https://www.governor.ny.gov/executive-order/no-32-establishing-state-agency-food-purchasing-goals-new-york-state-agricultural

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BID SUBMISSION CHECKLIST

OMH reserves the right to disqualify any bids that do not contain the mandatory items as specified for this Solicitation and the resulting contract. Bidders should use the following checklist when submitting bids and include all required documents with bid proposals (mark the box to indicate inclusion of the documents):

Required document Type of Submission Included with Bid

Submission Attachment C:

Solicitation Cover Sheet

Include the completed hard copy (found on page 23 in this document).

Proof of required experience:

As required in the item 9.B.2 requirements, include proof of being in business performing the specific services required

Acceptable proof includes certification of incorporation or similar documentation illustrating the date that the business was legally established

Form ST-220 CA: Complete this form to certify that Form ST-220-TD has been filed with NYS Tax Department.

Use the link provided in Section 8.B.3 to access the latest revision of the required form.

Attachment D:

Bid Quote Sheet

Include a signed original (found on page 24 in this document).

Attachment E:

Non-Collusive Bidding Certification

Provide a signed and notarized original (found on page 25 of this document).

Attachment F:

Business References

Include three references on form provided on page 28 of this document.

Attachment G:

Vendor Responsibility Questionnaire

Submit either hard copy questionnaire or be sure to update the VendRep online questionnaire using NYS VendRep System if applicable.

Vendor Responsibility Certification Indicate format utilized by checking appropriate box on page 29 of this document.

Vendor Registration Requirement Include the completed Substitute Form W-9. Use the link on page 29 to access, complete, and download the required form.

Attachment J-1:

Offeror’s Affirmation of Understanding

Provide the signed original (found on page 31 in this document).

Attachment J2:

OMH Offeror Disclosure of Prior Non- Responsibility Determinations

Include the signed original (found on page 32 in this document).

Attachment K - EEO Forms Attachment K - EEO Employment Opportunity Staffing Plan

Attachment L, L-1, M, M-1, and A-2: M/WBE and SDVOB compliance forms: Utilization Plan, Application for Waiver if applicable, and the MWBE/EEO Policy Statement

Submit a completed and signed Attachment L, Attachment L-1, Attachment M, Attachment M-1 if applicable, and Attachment A-2 MWBE/EEO Policy Statement

Attachment A-3 and Attachment N:

New York State Business Usage

Submit a completed and signed Attachment A-3 (page 21) and Attachment N (page 42).

Attachment O:

Sexual Harassment Prevention Certification

Submit a completed and signed Attachment O (page 43).

Workers’ Compensation/NYS Disability Coverage required forms

If required, include verification of required coverage.

Liability Insurance Coverage If required, include verification of required coverage.

Department of Labor Proof of Certificate of Registration.

If required, provide proof of a valid Certificate of Registration with the NYS Department of Labor

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ATTACHMENT A

CONTRACTOR REQUIREMENTS AND PROCEDURES FOR BUSINESS PARTICIPATION OPPORTUNITIES FOR

VENDORS CERTIFIED PURSUANT TO ARTICLE 15-A AND 17-E

NEW YORK STATE LAW

Pursuant to New York State Executive Law Article 15-A and 5 NYCRR 140-145 OMH recognizes its obligation under the law to promote opportunities for maximum feasible participation of certified minority-and women-owned business enterprises and the employment of minority group members and women in the performance of OMH contracts.

In 2006, the State of New York commissioned a disparity study to evaluate whether minority and women-owned business enterprises had a full and fair opportunity to participate in state contracting. The findings of the study were published on April 29, 2010, under the title "The State of Minority and Women-Owned Business Enterprises:

Evidence from New York" (“Disparity Study”). The report found evidence of statistically significant disparities between the level of participation of minority-and women-owned business enterprises in state procurement contracting versus the number of minority-and women-owned business enterprises that were ready, willing and able to participate in state procurements. As a result of these findings, the Disparity Study made recommendations concerning the implementation and operation of the statewide certified minority- and women-owned business enterprises program. The recommendations from the Disparity Study culminated in the enactment and the implementation of New York State Executive Law Article 15-A, which requires, among other things, that OMH establishes goals for maximum feasible participation of New York State Certified minority- and women – owned business enterprises (“MWBE”) and the employment of minority groups members and women in the performance of New York State contracts.

Business Participation Opportunities for MWBEs

For purposes of this procurement, OMH hereby establishes an overall goal of 30% for MWBE participation, which can be met through any combination of New York State certified minority-owned business enterprises (“MBE”) and/or New York State certified women-owned business enterprises (“WBE”), based on the current availability of qualified MBEs and WBEs. A contractor (“Contractor”) on the subject contract (“Contract”) must document its good faith efforts to provide meaningful participation by MWBEs as subcontractors or suppliers in the performance of the Contract and the Contractor agrees that OMH may withhold payment pending receipt of the required MWBE documentation. The directory of MWBEs can be viewed at: https://ny.newnycontracts.com. For guidance on how OMH will determine a Contractor’s “good faith efforts,” refer to 5 NYCRR §142.8.

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

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

By submitting a bid or proposal, a bidder on the Contract (“Bidder”) agrees to demonstrate its good faith efforts to achieve its goals for the utilization of MWBEs by submitting evidence thereof through the New York State Contract System (“NYSCS”), which can be viewed at https://ny.newnycontracts.com, provided, however, that a Bidder may arrange to provide such evidence via a non-electronic method by contacting Tyler Bielawski.

Please note that the NYSCS is a one stop solution for all of your MWBE and Article 15-A contract requirements.

For additional information on the use of the NYSCS to meet Bidder’s MWBE requirements please see the attached MWBE guidance, “Your MWBE Utilization and Reporting Responsibilities Under Article 15-A.”

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

https://ny.newnycontracts.com/ https://ny.newnycontracts.com/

CONTRACTOR REQUIREMENTS AND PROCEDURES FOR BUSINESS PARTICIPATION OPPORTUNITIES FOR VENDORS

CERTIFIED PURSUANT TO ARTICLE 15-A AND 17-E

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A. An MWBE Utilization Plan with their bid or proposal. Any modifications or changes to the MWBE Utilization Plan after the Contract award and during the term of the Contract must be reported on a revised MWBE Utilization Plan and submitted to OMH.

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

B. If a notice of deficiency is issued, the Bidder will be required to respond to the notice of deficiency within seven (7) business days of receipt by submitting a written remedy in response to the notice of deficiency to ATTN: Tyler Bielawski, NYS Office of Mental Health, 75 New Scotland Avenue, Unit N, Albany, NY 12208, or by phone at 518-549-1609. If the written remedy that is submitted is not timely or is found by OMH to be inadequate, OMH shall notify the Bidder and direct the Bidder to submit, within five (5) business days, a request for a partial or total waiver of MWBE participation goals. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal.

OMH may disqualify a Bidder as being non-responsive under the following circumstances:

a) If a Bidder fails to submit a MWBE Utilization Plan;

b) If a Bidder fails to submit a written remedy to a notice of deficiency;

c) If a Bidder fails to submit a request for waiver; or

d) If OMH determines…