IFB-DEC-0006.pdf

IFB-DEC-0006 UTV Slip On Units – Department of Environmental Conservation

Invitation for Bids

Issued on behalf of

Department of Environmental Conservation

For

UTV Slip-On Units

BID DUE DATE: September 1, 2026 @ 2:00 PM ET

Issue Date: August 11, 2026 Questions Due: August 18, 2026

Designated BSC Contact: Alternate BSC Contact:

Christopher Starace Angela Pawlik Phone: 518-457-4272 Phone: 518-457-4272

OGS.sm.OGSBuyDesk@ogs.ny.gov OGS.sm.OGSBuyDesk@ogs.ny.gov mailto:OGS.sm.OGSBuyDesk@ogs.ny.gov

Table of Contents

Contents

1. INTRODUCTION

1.1 Overview

1.2 Designated Contacts

1.3 IFB Questions and Clarifications

1.4 Bid Exceptions

2. BID SUBMISSION

2.1 Instructions for Bid Submission

2.2 Packaging of IFB Response

3. ADMINISTRATIVE INFORMATION

3.1 Issuing Office

3.2 Method of Award

3.4 Term of Contract

3.5 Delivery Location

3.6 Product Acceptance

3.7 Rejected Product

3.8 Method of Payment

3.9 Electronic Payment

3.10 Past Practice

3.11 Dispute Resolution

3.12 Contractor Responsibilities

3.13 Inspection of Books

3.14 Glossary of Terms

4. SPECIFICATIONS

4.1 Product Specifications

4.2 Warranty

5. CONTRACT CLAUSES AND REQUIREMENTS

5.1 Appendix A / Order of Precedence

5.2 Procurement Lobbying Requirement

5.3 Contractor Insurance Requirements

5.4 Tax and Finance Requirements

5.5 Opportunities for New York State Certified Minority and

5.6 General Requirements

5.7 Procurement Rights

5.8 Debriefings

5.9 Termination

5.10 New York State Vendor File Registration

5.12 Ethics Compliance

5.13 Indemnification

BID PROPOSAL – COST AND CHECKLIST ................... ERROR! BOOKMARK NOT DEFINED.

BID PROPOSAL – COST AND CHECKLIST

BID PROPOSAL – COST AND CHECKLIST

BID PROPOSAL - CERTIFICATION

OFFERER CERTIFICATION:

NYS REQUIRED CERTIFICATIONS

NONDISCRIMINATION IN EMPLOYMENT IN NORTHERN IRELAND MACBRIDE FAIR

EMPLOYMENT PRINCIPLES

NON-COLLUSIVE BIDDING CERTIFICATION

APPENDIX A……………………………………………………………………………………47

1. Introduction

1.1 Overview

The New York State Office of General Services (OGS) Business Services Center (BSC), on behalf of the New York State Department of Environmental Conservation (DEC), is accepting bids for eleven (11) UTV Slip-On units. As a result of this Invitation for Bids (IFB), DEC intends to make a one-time purchase. A Purchase Order will be issued upon NYS Office of the State Comptroller (OSC) approval of the contract.

Bidders must register with the New York State Contract Reporter (“NYSCR”) at https://www.nyscr.ny.gov in order to receive notifications about this Solicitation. Navigate to the “I want to find contracts to bid on” page to register for your free account. In order to receive e-mail notifications regarding updates to the content or status of a particular ad, you must choose the option “send me notification updates on this,” located in the lower right hand corner of the particular ad. Answers to all questions of a substantive nature will be posted in the form of a question and answer document and released through the NYSCR. Any updates to Solicitation documents will also be posted and released through the NYSCR. If you do not opt-in to receive notification updates regarding a particular ad, you will not receive e-mail notifications regarding updates, including e-mail notifications regarding the posting of the question and answer document and updates to Solicitation documents. Be advised that submission of responses to the Solicitation that do not reflect and take into account updated information may result in your Bid being deemed non-responsive to the Solicitation.

1.2 Designated Contacts

In compliance with the Procurement Lobbying Law, Christopher Starace, BSC Analyst 1, NYS Office of General Services, Business Services Center, has been designated as the primary contact for this procurement and may be reached by email for inquiries regarding this solicitation:

Primary:

Christopher Starace, BSC Analyst 1 NYS Office of General Services - Business Services Center 1220 Washington Avenue State Office Campus Bldg. 5 Purchasing Unit – 5th Floor Albany, New York 12226 Phone: (518) 457-4272 Email: OGS.sm.OGSBuyDesk@ogs.ny.gov

If the Primary designated contact is not available, the Alternate contact is:

Angela Pawlik, BSC Analyst 2 NYS Office of General Services -Business Services Center 1220 Washington Avenue State Office Campus Bldg. 5 Purchasing Unit – 5th Floor Albany, New York 12226 Phone: (518) 457-4272 Email: OGS.sm.OGSBuyDesk@ogs.ny.gov https://www.nyscr.ny.gov/

Key Events

The Table below outlines the schedule for important action dates.

BSC Issues Invitation For Bid (IFB) August 11th, 2026

Deadline for Submission of Bidder Questions August 18th, 2026

BSC Issues Responses to Written Questions (estimated) August 21st, 2026

Bid Due Date/ Bid Opening Date September 1st , 2026 @ 2:00 PM ET

Contract Date Subject to OSC Approval

1.3 IFB Questions and Clarifications

All questions regarding this IFB, including questions regarding the minimum qualifications and specifications, should be emailed to Christopher Starace at OGS.sm.OGSBuyDesk@ogs.ny.gov by the date and time indicated in the Key Events section. Questions submitted after the deadline indicated may not be answered. A Bidder is strongly encouraged to submit questions as soon as possible. Answers to all questions of a substantive nature will be provided to all prospective Bidders in the form of a question and answer document which will be posted to the OGS website and will not identify the Bidder asking the question. Notification of this posting will be advertised in the NYS Contract Reporter.

If Bidder intends to submit a Bid that deviates from the requirements of the IFB in any way, the proposed deviations should be submitted during the Questions period so that they may be given due consideration prior to the submission of Bids. See the Bid Exceptions Section for additional information.

1.4 Bid Exceptions

OGS will consider all requests to waive any bid requirement. However, bidders should be aware that failure to obtain a waiver of any bid requirement in advance of bid submission could result in rejection of Bidder’s bid and disqualification from the bidding process. Bidders wishing to obtain an exemption or waiver for any part of this solicitation must request such in writing as described in IFB Questions and Clarifications Section. The request must cite the specific section and requirement in the question, and clearly identify any proposed alternative. Requests will be considered and responded to and posted in the form of a question and answer document released through the NYSCR. Please note that OGS will not consider waivers or exemptions to any provision of Appendix A, Standard Clauses.

2. Bid Submission

2.1 Instructions for Bid Submission

Electronic bids must be submitted to the Issuing Office via email by the bid submission due date and time. No facsimile or hard copy bids will be accepted. It is the Bidder’s responsibility to ensure that the Electronic bid is received by the Issuing Office by the due date and time.

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

The BSC 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: ogs.sm.ogsbuydesk@ogs.ny.gov

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.

FIRM OFFER

Bids must remain an effective offer, firm and irrevocable, for at least 120 calendar days from the due date, unless the time for awarding the contract is extended by mutual consent of NYS OGS and the Bidder. A bid shall continue to remain an effective offer, firm and irrevocable, subsequent to such 120 calendar-day period until either tentative award of the contract(s) by issuing Office is made or withdrawal of the bid in writing by Bidder.

OWNERSHIP OF IFB AND BIDS

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

2.2 Packaging of IFB Response

Submit one (1) original of the Bid Proposal – Cost and Checklist Form for Each Bid

**** AND ****

Submit one (1) original of the Bid Proposal – Certification Form

**** AND ****

Submit one (1) original of all required Forms / Certifications / Insurance outlined in Attachment 2

**** AND ****

Submit one (1) original of signed addenda, if there are any addenda issued

Complete Electronic Bids must be emailed to: ogs.sm.ogsbuydesk@ogs.ny.gov

2.3 Information to Furnish with Bid

Bidder may submit with their bid detailed specifications, circulars, brochures, marketing materials and other materials on the product to be furnished. Any materials or terms that conflict with the provisions of this IFB will not be considered. The State reserves the right to request any additional information deemed necessary for the proper evaluation of bids. The bidder shall indicate in the spaces provided on the bid proposal form the manufacturer’s name, catalog references or model number of the product or products offered and all other information requested.

3. Administrative Information

3.1 Issuing Office

This IFB is being released by the New York State Office of General Services Business Services Center on behalf of the New York State Department of Environmental Conservation.

3.2 Method of Award

Award(s) shall be made by lowest total cost to the responsible and responsive bidder that meets all specifications.

ALL BIDDERS SHOULD COMPLETE THE MINIMUM SPECIFICATIONS CHECKLIST ON PAGES 32 and 33 OF THIS DOCUMENT AND THE BID PROPOSAL/CERTIFICATION FORM ON PAGE 34 AND SUBMIT WITH THEIR BIDS.

Following a review of all bids, tentative award shall be made to the lowest responsive and responsible bidder by the Issuing Office. Formal award will be made by issuance of Purchase Orders by DEC to the winning bidder that incorporates all terms and conditions contained in this IFB.

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

3.3 Price

Bid Price shall include all services required to provide the items as specified, including travel, licenses, insurance, administrative, customs, duties, charges and ancillary costs. Bid price is net, F.O.B. destination and includes any and all costs associated with providing the items such as those noted below:

Delivery from factory/manufacturer to dealer/distributor destination

Labor Emissions Surcharges Administrative Costs, Overhead, Profit, etc.

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

1%/20 days).

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

3.4 Term of Contract

It is the intention of the State to make a one-time purchase via Purchase Order(s). The contract shall commence upon Office of the State Comptroller (OSC) approval of said Purchase Order and shall terminate after the products are delivered and accepted, and payment furnished by the State.

3.5 Delivery Location

The contractor shall arrange for delivery with the designated representative at New York Department of Environmental Conservation and shall deliver the products no later than 120 calendar days after issuance of approved purchase order, unless otherwise agreed to by the designated representative. Twenty-four hour notice of delivery is required. DEC shall provide contractor with a contact person and phone number to facilitate delivery to:

New York Department of Environmental Conservation Wildland Fire Cache

2369 NY-50

Saratoga Springs, NY 12866

3.6 Product Acceptance

Notwithstanding the form of shipment, title or other property interest, risk of loss for Products shall not pass from the Contractor to the Agency until the Products have been received, inspected and accepted by the receiving entity. Unless otherwise provided by mutual agreement of Agency and the Contractor in the Contract or Purchase Order, Agency shall have thirty (30) days from the date of delivery to accept Products. Failure to provide written notice of acceptance or rejection to the Contractor by the end of the thirty (30) day period constitutes acceptance by the Agency as of the expiration of the thirty (30) day period. Mere acknowledgment by the Agency personnel of the delivery or receipt of goods (e.g., signed bill of lading) shall not be deemed or construed as acceptance of the Products received. Any delivery of Product that is substandard or does not comply with the Contract may be rejected or accepted on an adjusted price basis, as determined by the Commissioner of the Agency.

3.7 Rejected Product

When Product is rejected, it must be removed by the Contractor from the premises of the Agency within ten (10) calendar days of written notification of rejection by Agency. Upon notification of rejection, risk of loss of rejected or nonconforming Product shall remain with Contractor. Rejected items not removed by the Contractor within ten (10) calendar days of written notification shall be regarded as abandoned by the Contractor, and the Agency shall have the right to dispose of Product as its own property. The Contractor shall promptly reimburse the Agency for any and all costs and expenses incurred in storage or effecting removal or disposition after the ten-calendar-day period.

3.8 Method of Payment

Upon delivery and acceptance of product(s) specified, invoices shall be submitted to the Business Services Center Accounts Payable Unit. Invoices will be processed in accordance with established procedures of the Office of General Services and the Office of the State Comptroller (OSC) and payments will be subject to the prompt payment provisions of Article XI-A of the New York State Finance Law.

Invoices must contain the Purchase Order number and Invoices shall be consistent with the Purchase Order issued.

Invoices without the required information will be returned to Contractor to be completed as required. All invoices must be submitted for payment to either:

NYS OFFICE OF GENERAL SERVICES

c/o OGS BUSINESS SERVICES CENTER BUILDING 5, 5TH FLOOR - OR - accountspayable@ogs.ny.gov

1220 WASHINGTON AVE

ALBANY, NEW YORK 12226-1900

3.9 Electronic Payment

Contractor shall provide a complete and accurate billing invoice in order to receive payment. The billing invoice submitted must contain all information and supporting documentation required by the contract, the agency, and the State Comptroller. Payment for invoices submitted by the contractor shall only be rendered electronically unless payment by paper check is expressly authorized by the Commissioner, at the Commissioner’s sole discretion, due to extenuating circumstances. Such electronic payment shall be made in accordance with ordinary State procedures and practices. The Contractor shall comply with the State Comptroller’s procedures to authorize electronic payments. Authorization forms are available at the State Comptrollers website at www.osc.state.ny.us/epay/index.htm, by e-mail at epunit@osc.state.ny.us, or by phone at 518-486-1255.

Contractor acknowledges that it will not receive payment on any invoices submitted under this Contract if it does not comply with the State Comptroller’s electronic payment procedures, except where the Commissioner has expressly authorized payment by paper check as set forth above.

3.10 Past Practice

The failure to exercise any right hereunder in the past shall not operate as a waiver of such right. No breach of this Agreement shall be deemed waived unless such waiver shall be in writing and signed by the party claimed to have mailto:accountspayable@ogs.ny.gov http://www.osc.state.ny.us/epay/index.htm mailto:epunit@osc.state.ny.us waived. No waiver of any breach of the Agreement at any time in the past shall constitute a waiver of subsequent breach.

3.11 Dispute Resolution

It is the policy of the Office of General Services Business Services Center to provide vendors with an opportunity to administratively resolve disputes, complaints or inquiries related to bid solicitations, contract awards, and contract administration. OGS Business Services Center encourages vendors to seek resolution of disputes informally, through consultation with Business Services Center staff, prior to commencing a formal dispute process. All such matters will be accorded impartial and timely consideration. A copy of the OGS BSC Dispute Resolution Procedures for Vendors may be obtained by contacting the Designated Contacts.

3.12 Contractor Responsibilities

The Contractor shall be solely responsible for all compliance with terms and conditions in this IFB or any resulting Contract. The Contractor may not engage a subcontractor or dealer, distributor, reseller, or any other party to carry out any part of this contract without the prior written consent of OGS. The Contractor accepts full responsibility for the actions of any employee who carries out any of the provisions of any Contract resulting from this IFB.

3.13 Inspection of Books

It is expressly understood and agreed that OGS and the New York State Comptroller shall have the right to inspect and audit the Contractor’s records covered under this Agreement, in accordance with his statutory responsibility to examine the books and accounts of every Agency. The New York State Comptroller requires, and the Contractor agrees to, the retention of all material that is pertinent to an audit of the operations under any contract resulting from this IFB for a full six-year period.

3.14 Glossary of Terms

“Issuing Office” shall mean the Office of General Services Business Services Center.

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

“Invitation for Bids” or “IFB” shall mean this document.

The “State” shall mean The People of the State of New York, which shall also mean the New York State Office of General Services Business Services Center and the New York State Agency.

“Commissioner” shall mean the Commissioner of the Office of General Services or duly authorized representative.

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

4. Specifications

4.1 Product Specifications

• UTV slip-on units to be mounted on (7) 2026 Can-Am Defenders 4x4 XT and (4) 2026 Can-Am

Defenders 6x6 XT to support the Division of Forest Protection (DFP) mission to conduct prescribed fires and suppress wildfires in NYS.

• Total Quantity: Eleven (11)

Minimum Specifications for UTV slip-on units:

Seven (7) top mounted slip-on units, to be mounted on 2026 Can-Am Defenders 4x4 XT, meeting the following minimum specifications:

• Quote must be on company letterhead.

• Quote price must include shipping

• Please include specifications and photos of quoted units.

1) Description - 70-85 gallon slip-on unit with tank mounted pump and reel.

2) Tank - 70-85 gallon capacity polypropylene water tank skid unit. Tank shall be constructed of minimum ½”thick, UV resistant black polypropylene material. It shall contain transverse and longitudinal baffles to meet NFPA standards. The tank, as a minimum, shall include the following:

• Minimum 5” square or round fill tower with lid and screen.

• A full height water sight gauge.

• Vehicle Mounting flanges.

• Lift handles/attachments for removal from vehicle bed.

3) Pump - securely mounted on tank, shall be a single-stage high pressure pump (Wick 100-4H or similar), 1-1/2” NPSH suction, 1-1/2” NPSH Discharge, hand primer provided.

4) Hose Reel - A manual rewind, lightweight, rust-free, stainless steel/nylon with a 4-sided roller assembly hose reel shall be supplied and mounted on top of the tank with 100 ft capacity of 3/4” diameter hose.

5) Hose/Nozzle - 100 feet of 3/4” lightweight/abrasion resistant reel hose (Mercedesboostlite or similar). Minimum 400 psi working pressure. It shall include field repairable couplings in 1” NPSH thread and a dual range fog nozzle.

6) Plumbing- All valves to be full port ¼ turn brass ball valves rated to 500 PSI. All plumbing to be stainless steel.

The pump shall be plumbed as follows on the suction side:

o 1-½” ¼ turn brass ball valved leg into the tank draft port o 1-1/2” diameter T o A clear PVC suction hose with swivel coupling shall connect the pump to eliminate vibration and allow operator to view water flow o 1-½” leg extended to the rear of the body to draft with, which shall have an adaptor and a cap w/ chain in 1-½” NPSH o 1-½” female NPSH x 1-½” female NH swivel adapter shall be provided on mounting plate for direct fills or pumping from a hydrant, engine, etc.

On the discharge side:

• The pump shall be plumbed with high pressure hose to a stainless steel manifold on the discharge side. The manifold shall contain as a minimum:

o 1” valved tank fill/circulate o 3/4” valved to hose reel o 1-1/2” valved overboard discharge in NPSH thread w/ cap and chain o Preset pressure relief valve o 160 PSI pressure gauge

7) Suction Hose-1 length of 1-1/2” x 8’ PVC suction hose in NPSH thread with 1-1/2” foot valve/strainer shall be included.

8) Hardware- all hardware for securely mounting into UTV bed and completing electrical connections to be included.

9) Dimensions- Overall dimensions of unit not to exceed 47” wide x 34” long.

10) Wet weight- Total wet weight of skid unit plus water, fuel, oil, and included nozzles, suction hose, mounting hardware, and fittings not to exceed 1000 pounds.

11) Delivery- Packaged and shipped to the NYS DEC Wildland Fire Cache, 2369 NY-50, Saratoga Springs, NY 12866 within 120 days of purchase order.

Four (4) top mounted slip-on units, to be mounted on 2026 Can-Am Defenders 6x6 XT, meeting the following minimum specifications:

• Quote must be on company letterhead.

• Quote price must include shipping.

• Please include specifications and photos of quoted units.

1) Description - 70-85 gallon slip-on unit with tank mounted pump and reel.

2) Tank - 70-85 gallon capacity polypropylene water tank skid unit. Tank shall be constructed of minimum ½”thick, UV resistant black polypropylene material. It shall contain transverse and longitudinal baffles to meet NFPA standards. The tank, as a minimum, shall include the following:

• Minimum 5” square or round fill tower with lid and screen.

• A full height water sight gauge.

• Vehicle Mounting flanges.

• Lift handles/attachments for removal from vehicle bed.

3) Pump - securely mounted on tank, shall be a single-stage high pressure pump (Wick

100-4H or similar), 1-1/2” NPSH suction, 1-1/2” NPSH Discharge, hand primer provided o Pump Engine-minimum 2.4hp, 4 stroke, air cooled

• Integral fuel tank

4) Hose Reel - A manual rewind, lightweight, rust-free, stainless steel/nylon with a 4-sided roller assembly hose reel shall be supplied and mounted on top of the tank with 100 ft capacity of 3/4” diameter hose.

5) Hose/Nozzle - 100 feet of 3/4” lightweight/abrasion resistant reel hose (Mercedes boostlite or similar). Minimum 400 psi working pressure. It shall include field repairable couplings in 1” NPSH thread and a dual range fog nozzle.

6) Plumbing- All valves to be full port ¼ turn brass ball valves rated to 500 PSI. All plumbing to be stainless steel.

The pump shall be plumbed as follows on the suction side:

o 1-½” ¼ turn brass ball valved leg into the tank draft port o 1-1/2” diameter T o A clear PVC suction hose with swivel coupling shall connect the pump to eliminate vibration and allow operator to view water flow o 1-½” leg extended to the rear of the body to draft with, which shall have an adaptor and a cap w/ chain in 1-½” NPSH o 1-½” female NPSH x 1-½” female NH swivel adapter shall be provided on mounting plate for direct fills or pumping from a hydrant, engine, etc.

On the discharge side:

• The pump shall be plumbed with high pressure hose to a stainless steel manifold on the discharge side. The manifold shall contain as a minimum:

o 1” valved tank fill/circulate o 3/4” valved to hose reel o 1-1/2” valved overboard discharge in NPSH thread w/ cap and chain o Preset pressure relief valve o 160 PSI pressure gauge

7) Suction Hose-1 length of 1-1/2” x 8’ PVC suction hose in NPSH thread with 1-1/2” foot valve/strainer shall be included.

8) Hardware- all hardware for securely mounting into UTV bed and completing electrical connections to be included.

9) Dimensions- Overall dimensions of unit not to exceed 47” wide x 48” long.

10) Wet weight- Total wet weight of skid unit plus water, fuel, oil, and included nozzles, suction hose, mounting hardware, and fittings not to exceed 1000 pounds.

11) Delivery- Packaged and shipped to the NYS DEC Wildland Fire Cache, 2369 NY-50, Saratoga Springs, NY 12866 within 120 days of purchase order.

4.2 Warranty

Contractor hereby warrants and represents that products, components or parts specified and furnished by or through contractor, whether specified and furnished individually or as a system, shall be free from defects in material and workmanship and will conform to all requirements of the contract. Original Equipment Manufacturer (OEM) warranty shall apply from the date of acceptance.

During the product warranty period, defects in the materials or workmanship of products, components, or parts specified and furnished by or through contractor, whether specified and furnished individually or as a system, shall be repaired or replaced by contractor at no cost or expense to DEC. Contractor shall extend the product warranty period for individual products, or for the system as a whole, as applicable, by the cumulative periods of time, after notification, during which an individual product, or the system as a whole, requires repairs or replacement resulting in down time or is in the possession of the contractor, its agents, officers, subcontractors, distributors, resellers or employees (“extended warranty”).

All warranties including in this IFB shall survive the termination of any resulting Contract.

5. Contract Clauses and Requirements

5.1 Appendix A / Order of Precedence

Appendix A — Standard Clauses for New York State Contracts, dated June 2023, attached hereto, is hereby expressly made a part of this solicitation document as fully as if set forth at length herein. Appendix A is a separate document to this IFB and shall be retained for reference by the bidder.

The agreement resulting from a successful award will include the following documents. Conflicts between these documents will be resolved in the following descending order of precedence:

1. Appendix- A

2. Purchase Order

3. Invitation for Bids IFB-DEC-0006 (this document) with any addenda

4. Selected Contractor’s Bid

5.2 Procurement Lobbying Requirement

Pursuant to State Finance Law §§139-j and 139-k, this solicitation includes and imposes certain restrictions on communications between the State and an Offerer/Bidder during the procurement process. An Offerer/Bidder is restricted from making contacts from the earliest notice of intent to solicit offers/bids through final award and approval of the contract by the State and, if applicable, the Office of the State Comptroller (“restricted period”) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j (3) (a).Designated staff, as of the date hereof, is identified on the first page of this solicitation. OGS and DEC employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Offerer/Bidder pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a four-year period; the Offerer/Bidder is debarred from obtaining governmental Procurement Contracts.

5.3 Contractor Insurance Requirements

The Bidder shall be required to procure, at its sole cost and expense, all insurance required in this section.

The Bidder shall be required to provide proof of compliance with the requirements of this section, as follows:

• Proof of Workers’ Compensation and Disability Benefits Insurance shall be provided at the time of Bid submission;

• Proof of all other insurance shall be provided in accordance with Section B below;

• After award, the Contractor shall be required to provide proof of all insurance after renewal or upon request according to the timelines set forth in Section A.13 below.

Contractors shall be required to procure, at their sole cost and expense, and shall maintain in force at all times during the term of any Contract resulting from this Solicitation, policies of insurance as required by this section. All insurance required by this section shall be written by companies that have an A.M. Best Company rating of “A- ,” Class “VII” or better. In addition, companies writing insurance intended to comply with the requirements of this Attachment should be licensed or authorized by the New York State Department of Financial Services to issue insurance in the State of New York. OGS may, in its sole discretion, accept policies of insurance written by a non-authorized carrier or carriers when certificates and/or other policy documents are accompanied by a completed Excess Lines Association of New York (ELANY) affidavit or other documents demonstrating the company’s strong financial rating. If, during the term of a policy, the carrier’s A.M. Best rating falls below “A-,” Class “VII”, the insurance must be replaced, on or before the renewal date of the policy, with insurance that meets the requirements above.

1. Bidders and Contractors shall deliver to OGS evidence of the insurance required by this IFB and any Contract resulting from this IFB in a form satisfactory to OGS. Policies must be written in accordance with the requirements of the paragraphs below, as applicable. While acceptance of insurance documentation shall not be unreasonably withheld, conditioned or delayed, acceptance and/or approval by OGS does not, and shall not be construed to, relieve Bidders or Contractors of any obligations, responsibilities or liabilities under this Solicitation or any Contract resulting from this Solicitation.

2. The Contractor shall not take any action, or omit to take any action that would suspend or invalidate any of the required coverages during the term of the Contract.

A. General Conditions Applicable to Insurance. All policies of insurance required by this IFB or any Contract resulting from this IFB shall comply with the following requirements:

1. Coverage Types and Policy Limits. The types of coverage and policy limits required from Bidders and Contractors are specified in Paragraph B Insurance Requirements below.

2. Policy Forms. Except as otherwise specifically provided herein, or agreed to in the Contract resulting from this Solicitation, all policies of insurance required by this IFB shall be written on an occurrence basis.

3. Certificates of Insurance/Notices. Bidders and Contractors shall provide OGS with a Certificate or Certificates of Insurance, in a form satisfactory to OGS as detailed below, and pursuant to the timelines set forth in Section B below. Certificates shall reference the Solicitation or award number and shall name The New York State Office of General Services, Business Services Center, 1220 Washington Avenue, State Campus Building 5, Purchasing, Albany, New York 12226 as the certificate holder.

Certificates of Insurance shall:

• Be in the form acceptable to OGS and in accordance with the New York State Insurance Law (e.g., an ACORD certificate);

• Disclose any deductible, self-insured retention, aggregate limit or exclusion to the policy that materially changes the coverage required by this Solicitation or any Contract resulting from this Solicitation;

• Refer to this Solicitation and any Contract resulting from this Solicitation by award number;

• Be signed by an authorized representative of the referenced insurance carriers; and

• Contain the following language in the Description of Operations / Locations / Vehicles section: The

People of the State of New York, the New York State Office of General Services, any entity authorized by law or regulation to use the Contract and their officers, agents, and employees are included as an additional insured on endorsement CG 20 10 11 85 (or endorsements that provide equivalent coverage, such as the combination of CG 20 10 04 13 (covering ongoing operations) and CG 20 37 04 13 (covering completed operations)), and General liability coverage is provided on the current edition of Commercial General Liability Coverage Form CG 00 01 (or a form that provides equivalent coverage). Additional insured protection afforded is on a primary and non-contributory basis. A waiver of subrogation is granted in favor of the additional insureds.

Only original documents (certificates of insurance and any endorsements and other attachments) or electronic versions of the same that can be directly traced back to the insurer, agent or broker via e-mail distribution or similar means will be accepted.

OGS generally requires Contractors to submit only certificates of insurance and additional insured endorsements, although OGS reserves the right to request other proof of insurance. Contractors are requested to refrain from submitting entire insurance policies, unless specifically requested by OGS. If an entire insurance policy is submitted but not requested, OGS shall not be obligated to review and shall not be chargeable with knowledge of its contents.

In addition, submission of an entire insurance policy not requested by OGS does not constitute proof of compliance with the insurance requirements and does not discharge Contractors from submitting the requested insurance documentation.

4. Primary Coverage. All insurance policies shall provide that the required coverage shall be primary and non-contributory to other insurance available to the People of the State of New York, the New York State Office of General Services, any entity authorized by law or regulation to use the Contract and their officers, agents, and employees. Any other insurance maintained by the People of the State of New York, the New York State Office of General Services, any entity authorized by law or regulation to use the Contract and their officers, agents, and employees shall be excess of and shall not contribute with the Bidder/Contractor’s insurance.

5. Breach for Lack of Proof of Coverage. The failure to comply with the requirements of this IFB at any time during the term of the Contract shall be considered a breach of the terms of the Contract and shall allow the People of the State of New York, the New York State Office of General Services, any entity authorized by law or regulation to use the Contract and their officers, agents, and employees to avail themselves of all remedies available under the Contract or at law or in equity.

6. Self-Insured Retention/Deductibles. Certificates of Insurance must indicate the applicable deductibles/self-insured retentions for each listed policy. Deductibles or self-insured retentions above $100,000.00 are subject to approval from OGS. Such approval shall not be unreasonably withheld, conditioned or delayed. Bidders and Contractors shall be solely responsible for all claim expenses and loss payments within the deductibles or self-insured retentions. If the Bidder/Contractor is providing the required insurance through self-insurance, evidence of the financial capacity to support the self-insurance program along with a description of that program, including, but not limited to, information regarding the use of a third-party administrator shall be provided upon request.

7. Subcontractors. Prior to the commencement of any work by a Subcontractor, the Contractor shall require such Subcontractor to procure policies of insurance as required by this IFB and maintain the same in force during the term of any work performed by that Subcontractor.

8. Waiver of Subrogation. For the Commercial General Liability Insurance and Business Automobile Liability Insurance required below, the Contractor shall cause to be included in each of its policies insuring against loss, damage or destruction by fire or other insured casualty a waiver of the insurers right of subrogation against OGS, or, if such waiver is unobtainable (i) an express agreement that such policy shall not be invalidated if Contractor waives or has waived before the casualty, the right of recovery against OGS or (ii) any other form of permission for the release of OGS. A Waiver of Subrogation Endorsement shall be provided upon request. A blanket Waiver of Subrogation Endorsement evidencing such coverage is also acceptable.

9. Additional Insured. For the Commercial General Liability Insurance and Business Automobile Liability Insurance required below, the Contractor shall cause to be included in each of its policies ISO form CG 20 10 11 85 (or a form or forms that provide equivalent coverage, such as the combination of CG 20 10 04 13 and CG 20 37 04 13) and form CA 20 48 10 13 (or a form or forms that provide equivalent coverage) naming as additional insureds: The People of the State of New York, the New York State Office of General Services, any entity authorized by law or regulation to use the Contract and their officers, agents, and employees. An Additional Insured Endorsement evidencing such coverage shall be provided to OGS pursuant to the timelines set forth in Section B below. A blanket Additional Insured Endorsement evidencing such coverage is also acceptable. For Contractors who are self-insured, Contractor shall be obligated to defend and indemnify the above-named additional insureds with respect to Commercial General Liability and Business Automobile Liability, in the same manner that Contractor would have been required to pursuant to this IFB had Contractor obtained such insurance policies.

As clarification, “The People of the State of New York” means the State of New York and its subsidiary governmental entities. This is the name in which the State, as a governmental entity, enters into contracts, takes title to property, and initiates legal actions. Using the term “People” does not mean that the insurer is insuring all residents of New York State; rather, it means that the State government is being insured.

10. Excess/Umbrella Liability Policies. Required insurance coverage limits may be provided through a combination of primary and excess/umbrella liability policies. If coverage limits are provided through excess/umbrella liability policies, then a Schedule of underlying insurance listing policy information for all underlying insurance policies (insurer, policy number, policy term, coverage and limits of insurance), including proof that the excess/umbrella insurance follows form must be provided upon request.

11. Notice of Cancellation or Non-Renewal. Policies shall be written so as to include the requirements for notice of cancellation or non-renewal in accordance with the New York State Insurance Law. Within five (5) business days of receipt of any notice of cancellation or non-renewal of insurance, the Contractor shall provide OGS with a copy of any such notice received from an insurer together with proof of replacement coverage that complies with the insurance requirements of this Solicitation and any Contract resulting from this Solicitation.

12. Policy Renewal/Expiration Upon policy renewal/expiration, evidence of renewal or replacement of coverage that complies with the insurance requirements set forth in this Solicitation and any Contract resulting from this Solicitation shall be delivered to OGS. If, at any time during the term of any Contract resulting from this Solicitation, the coverage provisions and limits of the policies required herein do not meet the provisions and limits set forth in this Solicitation or any Contract resulting from this Solicitation, or proof thereof is not provided to OGS, the Contractor shall immediately cease work. The Contractor shall not resume work until authorized to do so by

OGS.

13. Deadlines for Providing Insurance Documents after Renewal or Upon Request. As set forth herein, certain insurance documents must be provided to the OGS Procurement Services contact identified in the Contract Award Notice after renewal or upon request. This requirement means that the Contractor shall provide the applicable insurance document to OGS as soon as possible but in no event later than the following time periods:

• For certificates of insurance: 5 business days

• For information on self-insurance or self-retention programs: 15 calendar days

• For other requested documentation evidencing coverage: 15 calendar days

• For additional insured and waiver of subrogation endorsements: 30 calendar days

Notwithstanding the foregoing, if the Contractor shall have promptly requested the insurance documents from its broker or insurer and shall have thereafter diligently taken all steps necessary to obtain such documents from its insurer and submit them to OGS, OGS shall extend the time period for a reasonable period under the circumstances, but in no event shall the extension exceed 30 calendar days.

B. Insurance Requirements Bidders and Contractors shall obtain and maintain in full force and effect, throughout the term of any Contract resulting from this Solicitation, at their own expense, the following insurance with limits not less than those described below and as required by the terms of any Contract resulting from this Solicitation, or as required by law, whichever is greater:

-- Insurance Type -- Proof of Coverage is Due

-- Commercial General Liability -- Not less than $1,000,000 each occurrence

-- At time of Bid submission and updated in accordance with Contract

-- General Aggregate -- $1,000,000

-- Products – Completed Operations Aggregate -- $500,000

-- Personal and Advertising Injury -- $500,000

-- Insurance Type -- Proof of Coverage is Due

-- Business Automobile Liability Insurance -- Not less than $1,000,000 each occurrence

-- Workers’ Compensation

-- Disability Benefits

1. Commercial General Liability Insurance: Such liability shall be written on the current edition of ISO occurrence form CG 00 01, or a substitute form providing equivalent coverage and shall cover liability arising from premises operations, independent contractors, products-completed operations, broad form property damage, personal & advertising injury, cross liability coverage, liability assumed in a contract (including the tort liability of another assumed in a contract) and explosion, collapse & underground coverage.

Policy shall include bodily injury, property damage and broad form contractual liability coverage.

• General Aggregate

• Products – Completed Operations Aggregate

• Personal and Advertising Injury

• Each Occurrence

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 the Contract;

• Cross liability for additional insureds;

• Products/completed operations for a term of no less than three (3) years, or no less than three one (1) year terms, commencing upon acceptance of the work, as required by the Contract;

• Explosion, collapse and underground hazards; and

• Contractor means and methods.

2. Business Automobile Liability Insurance: Such insurance shall cover liability arising out of any automobile used in connection with performance under the Contract, including owned, leased, hired and non-owned automobiles bearing or, under the circumstances under which they are being used, required by the Motor Vehicles Laws of the State of New York to bear, license plates.

In the event that the Contractor does not own, lease or hire any automobiles used in connection with performance under the Contract, the Contractor does not need to obtain Business Automobile Liability Insurance, but must attest to the fact that the Contractor does not own, lease or hire any automobiles used in connection with performance under the Contract on a form provided by OGS. If, however, during the term of the Contract, the Contractor acquires, leases or hires any automobiles that will be used in connection with performance under the Contract, the Contractor must obtain Business Automobile Liability Insurance that meets all of the requirements of this section and provide proof of such coverage to OGS in accordance with the insurance requirements of any Contract resulting from this Solicitation.

In the event that the Contractor does not own or lease any automobiles used in connection with performance under the Contract, but the Contractor does hire and/or utilize non-owned automobiles in connection with performance under the Contract, the Contractor must: (i) obtain Business Automobile Liability Insurance as required by this Solicitation or any Contract resulting from this Solicitation, except that such insurance may be limited to liability arising out of hired and/or non-owned automobiles, as applicable; and (ii) attest to the fact that the Contractor does not own or lease any automobiles used in connection with performance under the Contract, on a form provided by OGS. If, however, during the term of the Contract, the Contractor acquires or leases any automobiles that will be used in connection with performance under the Contract, the Contractor must obtain Business Automobile Liability Insurance that meets all of the requirements of this IFB and provide proof of such coverage to OGS in accordance with the insurance requirements of any Contract resulting from this Solicitation.

3. Workers’ Compensation Insurance and Disability Benefits Requirements Sections 57 and 220 of the New York State Workers’ Compensation Law require the heads of all municipal and state entities to ensure that businesses applying for contracts have appropriate workers’ compensation and disability benefits insurance coverage. These requirements apply to both original contracts and renewals. Failure to provide proper proof of such coverage or a legal exemption will result in a rejection of a Bid or any contract renewal. A Bidder may not be awarded a Contract unless proof of workers’ compensation and disability insurance is provided to OGS. Proof of workers’ compensation and disability benefits coverage, or proof of exemption must be submitted to OGS at the time of Bid submission, policy renewal, contract renewal and upon request. Proof of compliance must be submitted on one of the following forms designated by the New York State Workers’ Compensation Board. An ACORD form is not acceptable proof of New York State workers’ compensation or disability benefits insurance coverage.

Proof of Compliance with Workers’ Compensation Coverage Requirements:

• Form 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, which is available on the Workers’ Compensation Board’s website (www.wcb.ny.gov);

• Form C-105.2 (9/07), Certificate of Workers’ Compensation Insurance, sent to OGS by the Contractor’s insurance carrier upon request, or if coverage is provided by the New York State Insurance Fund, they will provide Form U-26.3 to OGS upon request from the Contractor; or

• Form SI-12, Certificate of Workers’ Compensation Self-Insurance, available from the New York State Workers’ Compensation Board’s Self-Insurance Office, or

• Form GSI-105.2, Certificate of Participation in Workers’ Compensation Group Self-Insurance, available from the Contractor’s Group Self-Insurance Administrator.

Proof of Compliance with Disability Benefits Coverage Requirements:

• Form 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, which is available on the Workers’ Compensation Board’s website (www.wcb.ny.gov);

• Form DB-120.1, Certificate of Disability Benefits Insurance, sent to OGS by the Contractor’s insurance carrier upon request; or

• Form DB-155, Certificate of Disability Benefits Self-Insurance, available from the New York State Workers’ Compensation Board’s Self-Insurance Office.

An instruction manual clarifying the New York State Workers’ Compensation Law requirements is available for download at the New York State Workers’ Compensation Board’s website, http://www.wcb.ny.gov. Once on the site, click on the Employers/Businesses tab and then click on Employers’ Handbook.

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

5.4 Tax and Finance Requirements

Tax Law § 5-a requires certain Contractors awarded State Contracts for commodities, services and technology valued at more…