IFB 2825 FIVE-GALLON HIGH DENSITY POLYETHYLENE OPEN HEAD PAILS w LIDS.pdf

Division of Correctional Industries, 550 Broadway, Albany, NY 12204-2802 │ (518) 436-6321 │(800) 436-6321│ www.corcraft.gov

INVITATION FOR BIDS

IMPORTANT: SEE “NOTICE TO BIDDERS” CLAUSES ON PAGE 11

BIDS MUST BE SENT TO THE ABOVE ADDRESS ONLY

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

BID OPENING

DATE: January 7, 2026

TIME: 2:00 PM

TITLE:

FIVE-GALLON HIGH DENSITY POLYETHYLENE OPEN

HEAD PAILS w/ LIDS

INVITATION FOR BIDS NUMBER:

IFB# 2725

SPECIFICATION REFERENCE:

As Incorporated Herein

CONTRACT PERIOD:

FEBRUARY 1, 2026, through

JANUARY 31, 2029, with two, 1-year renewal options

ADDRESS INQUIRIES TO:

Melissa Jones, Contract Management Specialist I

Telephone No. (518) 408-4770.

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

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

Procurement Lobbying: https://ogs.ny.gov/acpl

Bidders are requested to retain Appendix A and Appendix B for future reference.

Bidder's Federal Tax Identification No.:

(Do Not Use Social Security Number)

NYS Vendor Identification Number:

(See ”New York Vendor File Registration Clause”)

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

(check all that apply): ____ # Employees Business

NYS Certified Minority NYS Certified Women

Owned Business Owned Business

Legal Business Name of Company Bidding:

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

Street City State Zip County

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

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

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

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

WE ARE UNABLE TO BID AT THIS TIME BECAUSE___________________________________________________.

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

Title:

Printed or Typed Name:

Date:

Phone : ( ) - ext ( )

Fax : ( ) - ext ( )

Toll Free Phone : ( ) - ext ( )

Toll Free Fax : ( ) - ext ( )

E-mail Address: Company Web Site:

mailto:Corcraft.ProcurementServices@doccs.ny.gov https://ogs.ny.gov/acpl

IFB# 2825 FIVE-GALLON HIGH DENSITY POLYETHYLENE OPEN HEAD PAILS w/ LIDS

(WASHINGTON CFI) PAGE 2

RESPONSE TO

INVITATION FOR BIDS# 2825

NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION

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

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

Check

Box

Checklist Item

(envelope containing documents must be labeled “IFB #2825/Do Not Open Until B/O Date 01/07/2026”)

Bid Submission Checklist (this form)

IFB Cover Page, which shall include:

✓ Bidder's Federal Tax Identification Number

✓ NYS Vendor Identification Number

✓ Bidder's Signature

Bid Price Page(s) (page 6)

Signed copies of any addenda released for this solicitation.

Gender-Based Violence and the Workplace (page 9 & 10)

Use of Service-Disabled Veteran-Owned Business Enterprise in Contract Performance (page 22)

Encouraging Use of NYS Businesses in Contract Performance (page 23)

Vendor Responsibility Questionnaire (see page 17)

Online Questionnaire Certified Date:__________________

OR

Paper Questionnaire Submission

Certificate of Insurance (see pages 31-35 for insurance types and policy limits)

Proof of Compliance with NYS Workers’ Compensation Coverage Requirements (only the following forms are acceptable: C-

105.2, SI-12, U-26.3, GSI-105.2 or CE-200) (see page 35)

Proof of Compliance with NYS Disability Benefits Coverage Requirements (only the following forms are acceptable: DB-120.1, DB-120.2, DB-155 or CE-200) (see page 35)

Bidder Questions (See Notes to Bidders) (pages 38-43)

Manufacturer’s Certificate(s) (Per Each Manufacturer as Required) (page 44)

EO 177 Certification (page 45)

SFL 139-I Certification (Sexual Harassment Prevention) (page 46)

Bidder Compliance & Understanding of SFL 139-j and 139-k (page 47)

Tax and Finance Form ST-220-CA (page 48)

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

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

EEO Staffing Plan (at the end of IFB document)

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

Complete literature and specifications for all items offered.

Submit two (2) copies of each of the following documents:

Manufacturer’s latest price list/schedule or published catalog prices (either print, CD or both)

Latest catalog(s) (either print, CD or both) to be used within the resulting contract.

Signature: Date:

Print Name: Name of Company:

NOTE: Bidder is required to submit samples pursuant to the “SAMPLES” clause on Page 36.

(WASHINGTON CFI) PAGE 3

DETAILED SPECIFICATIONS

SCOPE:

These specifications will describe the requirements needed to supply 5-Gallon high density poly open head pails with plastic handles, which will be used to store and/or ship liquid products manufactured at the Washington Correctional Facility, Division of Industry

(Corcraft) / Industry Warehouse, located in Comstock, NY 12821. The pails must be capable of meeting the requirements of Executive

Order 4 when assembled for use with dilution control systems.

MAKE AND MODEL REFERENCE:

PLEASE NOTE, THE MAKE AND MODEL REFERENCES IN THE DETAILED SPECIFICATIONS IN THIS IFB ARE FOR

REFERENCE ONLY AND NOT INTENDED TO BE RESTIRCTIVE, A SIMILAR ITEM MEETING THE DETAILED SPECIFICATION

WILL BE CONSIDERED. Make and Model References are noted by Lot/Item

Item No. 1: FIVE GALLON HIGH DENSITY POLYETHYLENE, OPEN HEAD PAIL WITH PLASTIC HANDLES AND

CHILD WARNING LABEL, NATURAL IN COLOR, NESTED AND SUITABLE FOR LIQUID CONTENTS:

Shall be high density polyethylene, 5-gallon stacking type pail complete with plastic handle attached. Pail shall have a nominal outside diameter of 12 inches, a height of approximately 14 ¾ inches and a wall thickness of at least 90 mils. The high-density polyethylene used to construct the pail shall have a specific gravity between 0.941 and 0.965. The filled pail, covered with Item

No. 2 - Spouted Top, shall not leak after a four (4) foot drop to a concrete floor. UN STAMPED CONTAINERS ARE

REQUIRED. AGENCY CODE – DU201

➢ ALL BID SAMPLES MUST BE ACCOMPANIED BY INDEPENDENT LAB TEST RESULTS, CERTIFYING

THAT BOTH CONTAINER AND LIDS MEET UN SPECIFICATIONS.

➢ ALL BID SAMPLE COMPONENTS MUST BE EMBOSSED BOTH THE UN SYMBOL AND UN

PACKAGING CODES.

➢ ALL BID SAMPLES MUST BE UN CERTIFIED TO MEET A MINIMUM “Y” RATING

➢ ALL BID SAMPLES MUST BE INSPECTED AND APPORVED BY THE FACILITY INDUSTRIAL

SUPERINTENDENT, ASST. INDUSTRIAL SUPERINTENDENT, Q&C SUPERVISOR, AND CORCRAFT

ENGINEER.

MAKE AND MODEL REFERENCE: LETICA 5-Gallon Round Pail (5UND) with attached plastic handle, Natural Color.

Referenced item is for description only and not intended to be restrictive, a similar item meeting the specifications will be considered. Pails with metal handles will NOT be considered.

ITEM No. 2: FIVE GALLON PLASTIC PAIL LID WITH INSTALLED FLEX SPOUT FOR 5-GALLON PAIL (to fit

Item #1 Above). BLACK IN COLOR.

Shall be recessed polyethylene top, compatible with Item No. 1 pail, complete with a non-glug flex spout with pull-out seal (APC-

2 or equal). Top shall include reinforcing ribs for additional stacking strength and a tear skirt. The cover shall be 90 mil minimum thickness throughout, be black in color and have a tubular EPDM gasket. UN RATED COVERS ARE REQUIRED.

AGENCY CODE – DU250U

➢ ALL BID SAMPLES MUST BE ACCOMPANIED BY INDEPENDENT LAB TEST RESULTS, CERTIFYING

THAT BOTH CONTAINER AND LIDS MEET UN SPECIFICATIONS.

➢ ALL BID SAMPLE COMPONENTS MUST BE EMBOSSED BOTH THE UN SYMBOL AND UN

PACKAGING CODES.

➢ ALL BID SAMPLES MUST BE UN CERTIFIED TO MEET A MINIMUM “Y” RATING

➢ ALL BID SAMPLES MUST BE INSPECTED AND APPORVED BY THE FACILITY INDUSTRIAL

SUPERINTENDENT, ASST. INDUSTRIAL SUPERINTENDENT, Q&C SUPERVISOR, AND CORCRAFT

ENGINEER.

MAKE AND MODEL REFERENCE: LETICA 5-Gallon Lid (5LUND) with installed APC Products (APC-2) all plastic flex spout. Referenced item is for description only and not intended to be restrictive, a similar item meeting the specifications will be considered. FLEX SPOUT MUST NOT CONTAIN ANY METAL PARTS.

(WASHINGTON CFI) PAGE 4

DETAILED SPECIFICATIONS (Cont’d.)

PRICE:

Price shall include all customs, duties and charges and be net, F.O.B. destination any point in New York State as designated by the ordering agency including

Where Contractor generally offers more advantageous special price promotions or special discount pricing to other customers during the Contract term for a similar quantity, and the maximum price or discount associated with such offer or promotion is better than the discount or net pricing otherwise available under this Contract, such better price or discount shall apply for similar quantity transactions under this Contract for the life of such general offer or promotion.

Also, upon mutual agreement, delivery locations may be expanded per the "Extension of Use" clause.

Where Contractor generally offers more advantageous special price promotions or special discount pricing to other customers during the Contract term for a similar quantity, and the maximum price or discount associated with such offer or promotion is better than the discount or net pricing otherwise available under this Contract, such better price or discount shall apply for similar quantity transactions under this Contract for the life of such general offer or promotion.

Also, upon mutual agreement, delivery locations may be expanded per the "Extension of Use" clause

PRICE ADJUSTMENT:

After the initial three-month period of the contract and every six months (bi-annually) thereafter, a price adjustment (either increase or decrease) will be computed based upon the change in the current average of market prices (United States) of HDPE resin (Blow

Molding Copolymer (HIC)), Volume Category II, used in manufacturing the pails and covers, as published in the PCU32521-32521-

PPI Industry data for Resin and synthetic rubber mfg., not seasonally adjusted - which is found in the US Bureau of Labor Statistics data (USBLS), based on the average weight of each item as noted in the original bid submission.

For example: If CDI indicated an HDPE resin price of $.80/lb when the last price adjustment was granted and the current price per pound in the latest publication indicates a price of $.84/lb, the price per pound of resin has increased by 5%. Thus, the price of each item on contract would increase by 5% based upon the predetermined weight of each item; No increase may exceed 10% per adjustment period.

For this example, Item No. 1 will be referenced which has a current average weight of 2.14 lbs. each.

Cost of Resin in Percent Increase

Item No.1 during in resin cost New Cost of Increase in price

Last 3 mo. Period according to latest resin in Item No. 1 of Item No. 1 for

2.14 lb. x $.80/lb. = Plastic News Publication $1.712 + ($1.712 x 5%) next 3 mo. period

Equals: Is: Equals: Is:

$1.712 5% $1.798 $0.086

If Item No. 1 was priced at $2.50 during the past 3 months, the price for Item No. 1 would increase by $0.086 to $2.586 each for the next three-month period.

If on the other hand the price per pound of resin fell by 5% at the time of the price adjustment the computation for the new three-month term would be:

Cost of Resin in Percent Decrease New Cost of Decrease in price

Item No.1 during in resin Cost resin in Item No. 1 of Item No. 1 for last 3 mo. period according to latest $1.712 - ($1.712 x 5%) next 3 mo. period

2.14 lb. x $.80/lb. Plastic News Publication

Equals: Is: Equals: Is:

$1.712 5% $1.626 $0.086

If Item No. 1 was priced at $2.50 during the past 3 months the price for Item No. 1 would decrease by $0.086 to $2.414 each for the next three-month period.

Remaining price adjustments (either increase or decrease) will be determined from the revised contract price previous to the scheduled three-month period.

(WASHINGTON CFI) PAGE 5

DETAILED SPECIFICATIONS (Cont’d.)

DELIVERY:

Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order.

Product is required as soon as possible and guaranteed delivery may be considered in making award.

Delivery shall be made in accordance with instructions on Purchase Order from each agency. If there is a discrepancy between the purchase order and what is listed on the contract, it is the contractor’s obligation to seek clarification from the ordering agency and, if applicable, from the Department of Corrections and Community Supervision, Division of Industries.

RESTRICTED DELIVERY:

Delivery shall be made in accordance with instructions on purchase order. Delivery time shall be from 8:00AM to 2:00 PM., Monday through Friday, except weekends and holidays. Truck must be unloaded and leaving by 2:30 PM. Material shall be shipped in tractor trailers not exceeding 12’8” in height. 24 Hour Notice shall be made to the facility by contacting Sarah Narkiewicz at 518-639-5516, ext. 2300.

PRODUCT DELIVERY:

In addition to the provisions of paragraph 31 of Appendix B, it shall be understood that with respect to contract deliveries, time is of the essence. Delivery must be made as ordered and in accordance with the terms of the contract. The Contractor shall make delivery within the terms and conditions of the contract after the receipt of a purchase order. The decision of Corcraft as to compliance with delivery terms shall be final. The burden of proof for delay in receipt of Purchase Order shall rest with the Contractor. In all instances of a potential or actual delay in delivery, the Contractor shall immediately notify the NYS Department of Correctional Services, Division of Industries and the Authorized User, and confirm in writing the explanation of the delay, and take appropriate action to avoid any subsequent late deliveries. Any extension of the time for delivery must be requested in writing by the Contractor and approved in writing by NYS Department of Corrections & Community Supervision, Division of Industries. Failure to meet such time schedule may be grounds for cancellation of the order or, in the NYS Department of Corrections & Community Supervision, Division of Industries discretion, termination of the Contract. Failure to meet such time schedule may also subject the Contractor to liquidated damages at the discretion of the State or Authorized User. Liquidated damages shall be calculated as one (1) percent of the total outstanding order per day until the entire order is received in accordance with the terms of the contract. Liquidated damages shall be deducted or offset by the State or Authorized User from payments due, or to become due, the Contractor on the same or another transaction.

PALLETIZATION:

Material may be palletized on 40" x 48" 4-way pallets and be stretch wrapped so as not to break in shipping and unloading.

Palletized material must be marked with Washington’s inventory numbers as referenced in the Detailed Specifications.

METHOD OF AWARD:

Award shall be made by GRAND TOTAL LOT to the lowest responsive and responsible bidder. Bidder may bid on any or all Lots, however each item in the Lot must be bid, bids with incomplete Lots will be eliminated. Bids with minor incompletions will be given consideration subject to subsequent and final determination by the Department of Corrections and Community Supervision, Division of Industries as to acceptability. A bid which is 5% or less incomplete, will be considered as having "minor" incompletions. The State reserves the right to make “NO AWARD” of the contract. The State also reserves the right to reject an obviously unbalanced bid or to make "NO AWARD" if individual bid prices are deemed to be unbalanced or excessive or if an error in the solicitation becomes evident. In such case, ranking and evaluation of bids may be made on remaining items. Award would be made on the remaining items.

The determination of an unbalanced bid shall be at the sole discretion of the State. Options contained in this paragraph shall also be at the State's sole discretion.

KEY EVENTS/DATES:

Event Date

Information for Bids (IFB) Issued December 12, 2025

Written Bidders Questions Deadline December 22, 2025, by 3:00 PM EST

DOCCS Issues Responses to Questions (estimated) December 29, 2025

Bid Opening / Bids Due to DOCCS no later than January 7, 2026, by 2:00 PM EST

Contract Start Date February 1, 2026

(WASHINGTON CFI) PAGE 6

PLEASE USE BLACK INK OR TYPEWRITER WHEN

PREPARING YOUR BID. BE SURE YOU HAVE

INSERTED YOUR COMPANY’S NAME IN THE BOX

Bidder

DELIVERY TO:

F.O.B. Washington Correctional Facility

Division of Industry (Corcraft) / Industry Warehouse

72 Lock 11 Lane

Comstock, NY 12821

(Items 1& 2) 5-Gallon Stacking Pail w/Cover Delivered Total Product

(As per Detailed Specifications) Price/Each Price Number

Item Annual

No. Description Est. Qty.

1. 5-Gallon Polyethylene Open Head Pails, Natural 19,440 $________ $_________ #__________

Stacking Pail (Agency Code DU201)

Manufacturer Name/Address: ____________________________________

2. Plastic Pail Lid w/installed Flex-spout 19,440 $________ $_______ #____________ for Liquid Contents for Item No.1 - Black

(Agency Code DU250U)

Manufacturer Name/Address: ___________________________________________

GRAND TOTAL (Items 1& 2): $________________________

Guaranteed Delivery: ________ Calendar Days A/R/O

Brand: ________________________

Manufacturer: ________________________

Address: ________________________

(CHECKLIST FOR ALL BIDDERS

Can You Meet the 14-Day Guaranteed Delivery? _____Yes ____No

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

SAMPLES (Must Check One):

Samples: ______Enclosed with bid _______

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

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

(WASHINGTON CFI) PAGE 7

INQUIRIES/ISSUING OFFICE:

All inquiries concerning this specification are due by 12/22/25 by 3pm and will be addressed to the following

Corcraft designated contact(s) and issuing office:

PRIMARY CONTACT:

Melissa Jones, Contract Manager Specialist I

NYS Department of Corrections and Community Supervision

Division of Industries

550 Broadway

Albany, New York 12204

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

OR

SECONDARY CONTACTS:

Karl Bodnar, Purchasing Supervisor Norman Carr Jr., Industrial Superintendent

NYS Department of Corrections NYS Department of Corrections and Community Supervision and Community Supervision

Division of Industries Washington Correctional Facility

550 Broadway Division of Industries (Corcraft)

Albany, New York 12204 Comstock, NY 12821

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

All questions should be submitted in writing by email to Corcraft.ProcurementServices@doccs.ny.gov, citing the particular bid section and paragraph number. Prospective Bidders should note that all clarifications and exceptions including those relating to the terms and conditions of the contract are to be resolved prior to the submission of a bid.

Answers to all questions of a substantive nature will be given to all Prospective Bidders in the form of a formal addendum which will become part of the ensuing contract.

Contacting anyone else other than designated herein may result in rejection of bid. See details under the

“Procurement Lobbying Act” clause on Page 15 of this bid.

(WASHINGTON CFI) PAGE 8

New York State

Division of Correctional Industries

NON-BID RESPONSE FORM

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

Melissa Jones, Contract Management Specialist I

New York State Division of Correctional Industries

550 Broadway

Albany, New York 12204-2802

Company name:

Address:

City, State, Zip:

Telephone:

IFB Number: 2825

IFB Title:

5-GALLON HIGH DENSITY POLYETHYLENE OPEN HEAD PAILS

w/ LIDS

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

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

REASONS FOR NOT SUBMITTING A BID

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

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

Too busy to consider bidding on this contract.

Unable to meet specifications/other considerations in this proposal.

Specifications in the IFB were unclear.

Unwilling to accept liability or responsibility for damages.

Unable to meet insurance requirements.

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

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

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

Other (specify):

Name Title

Signature

Date

(WASHINGTON CFI) PAGE 9

GENDER-BASED VIOLENCE AND THE WORPLACE

Pursuant to New York State Finance Law § 139-M, every bid made on or after November 5, 2025 to the State or any public department or agency thereof, where competitive bidding is required by statute, rule or regulation, for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the bidder and affirmed by such bidder as true under the penalty of perjury:

"By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that the bidder has and has implemented a written policy addressing gender-based violence and the workplace and has provided such policy to all of its employees, directors and board members. Such policy shall, at a minimum, meet the requirements of subdivision 11 of section five hundred seventy-five of the executive law."

The statement required by New York State Finance Law § 139-M subdivision 1.a may be submitted electronically in accordance with the provisions of New York State Finance Law § 163 subdivision 7.

A bid shall not be considered for award, nor shall any award be made to a bidder who has not complied with this section;

provided, however, that if the bidder cannot make the foregoing certification, such bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefor.

Any bid hereafter made to the state or any public department, agency or official thereof, by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where such bid contains the statement required by this section, shall be deemed to have been authorized by the board of directors of such bidder, and such authorization shall be deemed to include the signing and submission of such bid and the inclusion therein of such statement as the act and deed of the corporation.

(WASHINGTON CFI) PAGE 10

Gender-Based Violence and the Workplace Certification

New York State Finance Law §139-M requires bidders on competitive state procurements to certify that they have a written policy addressing gender-based violence and the workplace and that such policy meets the following minimum requirements:

● Share Information: Employers must provide information regarding gender-based violence where employees can see and access it, including displaying the NYS Domestic and Sexual Violence Hotline information and a gender-based violence and the workplace poster.

● Refer Employee-Survivors to Services: The policy must require that the employer refer employees who disclose current or past victim status to the NYS Domestic and Sexual Violence Hotline and/or a local service provider. For bidders outside of New York State, referrals should be made to a local provider or statewide hotline. While referrals are required to be provided by the employer, it is not required for the employee to access services.

● Prohibit Retaliation: The policy must clearly state that discrimination or retaliation against employees who identify as victims or survivors of gender-based violence is prohibited.

● Comply with Laws: Ensure your policy follows State law. For employers based in New York State, this means that the policy must follow the SAFE Leave Act, New York State Human Rights Law, and any other relevant laws and regulations.

● Offer Implementation Support: OPDV is able to assist employers in developing and implementing this policy.

Employers must provide information to supervisors and human resources, where available, about this technical assistance from OPDV. OPDV can be contacted at workplace@opdv.ny.gov.

By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that the bidder has and has implemented a written policy addressing gender-based violence and the workplace and has provided such policy to all of its employees, directors and board members. Such policy shall, at a minimum, meet the requirements of subdivision 11 of section five hundred seventy-five of the executive law.

Organization’s signature below certifies its compliance with State Finance Law §139-M.

Organization: __________________________________________

By (signature): ____________________________________

Name (Please Print): _______________________________

Title: ____________________________________________

Date: ____________________

This form must be signed by an authorized executive or legal representative.

If the organization cannot make the above certification, they must provide an attached statement with their bid detailing the reasons therefor.

mailto:workplace@opdv.ny.gov

(WASHINGTON CFI) PAGE 11

GENERAL INFORMATION

IMPORTANT NOTICE TO POTENTIAL BIDDERS: Receipt of these bid documents does not indicate that the NYS

Department of Corrections and Community Supervision, Division of Industries, has pre-determined your company's qualifications to receive a contract award. Such determination will be made after the bid opening and will be based on our evaluation of your bid submission compared to the specific requirements and qualifications contained in these bid documents.

NOTICE TO BIDDERS:

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

1. BID PREPARATION

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

Bidder’s response portion of the Bid Document must be initialed by an authorized representative of the Bidder. Bidders are cautioned to verify their Bids before submission, as amendments to Bids or requests for withdrawal of Bids received by the

Commissioner after the time specified for the Bid opening, may not be considered.

2. BID DEVIATIONS

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

3. BID SUBMISSION

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

4. BID DELIVERY

Bidders assume all risks for timely, properly submitted deliveries. Bidders are strongly encouraged to arrange for delivery of bids to Correctional Services, Division of Industries prior to the date of the bid opening. E-mail or fax bid submissions are not acceptable and will not be considered.

• Bid envelopes

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

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

Bids shall be delivered to:

NYS Department of Corrections and Community Supervision

Division of Industries

550 Broadway

Albany, NY 12204

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

(WASHINGTON CFI) PAGE 12

GENERAL INFORMATION (Cont’d)

NOTICE TO BIDDERS: (Cont’d)

4. BID DELIVERY (continued)

• Hand deliveries

Bidders assume all risks for timely, properly submitted deliveries.

Any Bid received at the specified location after the time specified will be considered a late Bid. A late Bid shall not be considered for award unless: (i) no timely Bids meeting the requirements of the Bid Documents are received or, (ii) in the case of a multiple award, an insufficient number of timely Bids were received to satisfy the multiple award; and acceptance of the late Bid is in the best interests of the Authorized Users. Bids submitted for continuous or periodic recruitment contract awards must meet the submission requirements associated with their specifications. Delays in

United States mail deliveries or any other means of transmittal, including couriers or agents of the Authorized User shall not excuse late Bid submissions. Similar types of delays, including but not limited to, bad weather, or security procedures for parking and building admittance shall not excuse late Bid submissions. Determinations relative to Bid timeliness shall be at the sole discretion of the Commissioner.

CONFIDENTIAL/TRADE SECRET MATERIALS:

a. Contractor

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

Information Law or other applicable State and federal laws.

b. Commissioner or Authorized User

Contractor further warrants, covenants and represents that any confidential information obtained by Contractor, its agents, Subcontractors, officers, distributors, resellers or employees in the course of performing its obligations, including without limitation, security procedures, business operations information, or commercial proprietary information in the possession of the State or any Authorized User hereunder or received from another third party, will not be divulged to any third parties.

Contractor shall not be required to keep confidential any such material that is publicly available through no fault of

Contractor, independently developed by Contractor without reliance on confidential information of the Authorized User, or otherwise obtained under the Freedom of Information Act or other applicable New York State laws and regulations. This warranty shall survive termination of this Contract. Contractor further agrees to take appropriate steps as to its agents, Subcontractors, officers, distributors, resellers or employees regarding the obligations arising under this clause to insure such confidentiality.

RELEASE OF BID EVALUATION/MATERIAL:

Requests concerning the evaluation of Bids may be submitted under the Freedom of Information Law. Information, other than statistical or factual tabulations or data such as the Bid Tabulation, shall only be released as required by law after Contract award. Bid

Tabulations are not maintained for all procurements. Names of Bidders may be disclosed after Bid opening upon request. Written requests should be directed to the Commissioner.

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FREEDOM OF INFORMATION LAW:

During the evaluation process, the content of each Bid will be held in confidence and details of any Bid will not be revealed

(except as may be required under the Freedom of Information Law or other State law). The Freedom of Information Law provides for an exemption from disclosure for trade secrets or information the disclosure of which would cause injury to the competitive position of commercial enterprises. This exception would be effective both during and after the evaluation process. If the Bid contains any such trade secret or other confidential or proprietary information, it must be accompanied in the Bid with a written request to the

Commissioner to not disclose such information. Such request must state with particularity the reasons why the information should not be available for disclosure and must be provided at the time of submission of the Bid. Notations in the header, footer or watermark of the Bid Document will not be considered sufficient to constitute a request for non-disclosure of trade secret or other confidential or proprietary information. Where a Freedom of Information request is made for trademark or other confidential or proprietary information, the Commissioner reserves the right to determine upon written notice to the Bidder whether such information qualifies for the exemption for disclosure under the law. Notwithstanding the above, where a Bid tabulation is prepared and Bids publicly opened, such Bid tabulation shall be available upon request.

TAXES:

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

b. Purchases made by the State of New York and certain non-State Authorized Users are exempt from New York State and local sales taxes and, with certain exceptions, federal excise taxes. To satisfy the requirements of the New York State Sales tax exemption, either the Purchase Order issued by a State Agency or the invoice forwarded to authorize payment for such purchases will be sufficient evidence that the sale by the Contractor was made to the State, an exempt organization under

Section 1116 (a) (1) of the Tax Law. Non-State Authorized Users must offer their own proof of exemption upon request.

No person, firm or corporation is, however, exempt from paying the State Truck Mileage and Unemployment Insurance or

Federal Social Security taxes, which remain the sole responsibility of the Bidder/Contractor.

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

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

EXPENSES PRIOR TO CONTRACT EXECUTION:

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

ADVERTISING RESULTS:

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

Contract for press or other media releases.

PRODUCT REFERENCES:

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

b. Discrepancies in References In the event of a discrepancy between the model number referenced in the Bid Specifications and the written description of the Products which cannot be reconciled, with respect to such discrepancy, then the written description shall prevail.

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PRICING:

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

Commissioner, such unit pricing is obviously erroneous.

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

c. “No Charge” Bid When Bids are requested on a number of Products as a Group or Lot, a Bidder desiring to Bid “no charge” on a Product in the Group or Lot must clearly indicate such. Otherwise, such Bid may be considered incomplete and be rejected, in whole or in part, at the discretion of the Commissioner.

d. Best and Final Prices As specified in the Bid Documents and Contract, a Contractor may be solicited at the time of issuance of a Purchase Order or Mini-Bid award for best and final pricing for the Product or service to be delivered to the Authorized

User. Contractors are encouraged to reduce their pricing upon receipt of such request.

DRAWINGS:

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

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

Such drawings and diagrams shall be delivered to the Authorized User’s representative.

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

BID EVALUATION:

The Commissioner reserves the right to accept or reject any and all Bids, or separable portions of offers, and waive technicalities, irregularities, and omissions if the Commissioner determines the best interests of the State will be served. The Commissioner, in his/her sole discretion, may accept or reject illegible, incomplete or vague Bids and his/her decision shall be final. A conditional or revocable Bid which clearly communicates the terms or limitations of acceptance may be considered, and Contract award may be made in compliance with the Bidder’s conditional or revocable terms in the offer.

CONDITIONAL BID:

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

CLARIFICATIONS / REVISIONS:

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

EQUIVALENT OR IDENTICAL BIDS:

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

Contract to one or more of such Bidders shall be final.

(WASHINGTON CFI) PAGE 15

PERFORMANCE AND RESPONSIBILITY QUALIFICATIONS:

The Commissioner reserves the right to investigate or inspect at any time whether or not the Product, services, qualifications or facilities offered by the Bidder/Contractor meet the requirements set forth in the Bid Specifications/Contract or as set forth during

Contract negotiations. Contractor shall at all times during the Contract term remain responsible and responsive. A Bidder/Contractor must be prepared, if requested by the Commissioner, to present evidence of legal authority to do business in New York State, integrity, experience, ability, prior performance, organizational and financial capacity as well as where applicable, a statement as to supply, plant, machinery and capacity of the manufacturer or source for the production, distribution and servicing of the Product offered/Bid. If the

Commissioner determines that the conditions and terms of the Bid Documents, Bid Specifications or Contract are not complied with, or that items, services or Product proposed to be furnished do not meet the specified requirements, or that the legal authority, integrity experience, ability, prior performance, organization and financial capacity or facilities are not satisfactory, the Commissioner may reject such Bid or terminate the Contract.

DISQUALIFICATION FOR PAST PERFORMANCE AND FINDINGS OF NON-RESPONSIBILITY:

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

QUANTITY CHANGES PRIOR TO AWARD:

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

Contract to the lowest responsible Bidder who accepts the revised qualifications.

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

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

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

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

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

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

SUMMARY OF POLICY AND PROHIBITIONS ON PROCUREMENT LOBBYING:

In reference to State Finance Law §§139-j and 139-k, this bid includes and imposes certain restrictions on communications between the Division of Industries and the bidder during the procurement process. The bidder is restricted from making contacts from the date of bid advertisement in the NYS Contract Reporter through final approval of the contract award by the Office of the State

Comptroller, with anyone other than designated Division of Industries staff, unless it is contact that is among certain statutory exceptions as per State Finance Law Section 139-j(3)(a). Designated staff is identified on the cover page of this Invitation for Bids.

Division of Industries employees are also required to obtain certain information when contacted during the “restricted period” and to make a determination of responsibility of the bidder pursuant to these two statutes. Certain findings of non-responsibility can result in rejection of the bid, and in the event of two findings within a four-year period, the bidder is debarred from obtaining future State contracts. Further information about these requirements can be found at https://ogs.ny.gov/acpl.

DISPUTE RESOLUTION POLICY:

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

https://ogs.ny.gov/acpl

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DEBRIEFING:

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

Division of Industries in writing. The debriefing prior to final contract award must be requested in writing within 15 calendar days of notification that the bidder’s submission was unsuccessful.

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