IFB Epinephrine Autoinjectors 2022.docx

IFB Template 3-11-2020

ANDREW M. CUOMO

Governor

SHEILA J. POOLE

Commissioner

New York State Office of Children and Family Services Division of Child Care

INVITATION FOR BIDS (IFB)

Epinephrine Auto-Injectors 2022

IFB Release Date:

March 09, 2022

BID DUE DATE:

March 31, 2022 at 2:00 p.m.

Table of Contents

1. Introduction

1.1 Overview

In conjunction with the implementation of Elijah’s Law, OCFS implemented an auto injector initiative. This phase provided non-patient specific epinephrine auto injectors to eligible licensed/registered child care programs for the infant weight range only. The goal is to provide non patient specific epinephrine auto injectors to licensed/registered child care programs for each available weight range. OCFS is prepared to expand the initiative with the addition of the two higher doses as soon as possible for a period of five years from the date of the signed agreement, is issuing this Invitation for Bids (IFB).

In November 2017, three-year-old Elijah Silvera, a child with a diagnosed severe dairy allergy, was given a grilled cheese sandwich while attending child care. Elijah experienced anaphylaxis and died as a result. In September 2019, NYS signed Elijah’s Law which required OCFS is to develop a policy with DOH regarding preventing and responding to anaphylactic emergencies in child care. OCFS would like to ease as many barriers toward programs obtaining a non-patient specific epinephrine auto injector as possible. As such, OCFS created a no cost allergy awareness training for child care programs. The cost to purchase epinephrine auto injectors is prohibitive to child care programs, so this initiative would provide this life saving tool to eligible programs.

Child care programs care for children from ages 6 weeks -12 years. OCFS is looking to expand this life-saving initiative to include all children. Food allergies are the most common cause of anaphylaxis outside the hospital setting. The most common food allergies in infants and children are eggs, milk, peanuts, tree nuts, soy, wheat, fish and shellfish. Other causes of anaphylaxis include allergies to insect bites, dogs, cats, medications, and latex. Nearly 8 percent of United States children (1 in 13 children) have at least one food allergy, and approximately one in five children with a food allergy reported one or more allergy-related emergency room visits in the previous year. Anaphylaxis must be treated right away to provide the best chance for improvement and prevent serious, potentially life-threatening complications. Epinephrine is the FIRST LINE drug of choice for the emergency treatment of severe allergic reactions to foods, insect stings or bites, drugs, or other allergens. Epinephrine is a safe medication. There is no medical reason for trained, designated staff to withhold administration of an epinephrine auto-injector in an emergency if anaphylaxis is suspected. A delay in the administration of epinephrine could result in death. Furthermore, improved outcomes have been reported with early administration of epinephrine (including decreased likelihood of needing additional medications in the Emergency Department and less likely to require overnight hospitalization). For that reason, in addition to keeping on hand patient-specific epinephrine auto-injectors for a child with a known allergy, child care programs are permitted to keep stock epinephrine auto-injectors on site and use them for children not previously identified as having allergies who have their first reaction while at child care (nonpatient specific epinephrine auto-injectors)

1.2 Designated Contacts

In compliance with the Procurement Lobbying Law, from the issuance of this IFB until contractors are selected, all contacts with OCFS personnel concerning this IFB, except as otherwise specified herein, must be made via email or hard copy mailed to:

New York State Office of Children and Family Services Attn: Bureau of Contract Management – Purchasing Unit – Kathleen Belmonte Epinephrine Auto-Injectors 2022 52 Washington Street, Room 202 South Rensselaer, NY 12144

Email: kathleen.belmonte@ocfs.ny.gov. In both cases, you MUST reference IFB “Epinephrine Auto-Injectors 2022”

1.3 Calendar of Events

The table below outlines the schedule for important action dates.

by 4:00 p.m. Eastern time

by 2:00 p.m. Eastern time

1.4 IFB Questions and Clarifications

All questions regarding this IFB, including questions regarding the minimum qualifications and specifications, should be emailed to the designated contact identified in Section 1.2 Designated Contacts by the date and time indicated in Section 1.3 Calendar of Events. Questions submitted after the deadline indicated may not be answered. An offeror is strongly encouraged to submit questions as soon as possible. Answers to all questions of a substantive nature will be provided to all prospective offerors in the form of a question and answer document that will be posted to the New York State Contract Reporter website (https://www.nyscr.ny.gov) and will not identify the offeror asking the question.

2. Bid Submission

2.1 Instructions for Bid Submission

Only bids from offerors who furnish all required information and meet the mandatory requirements stated in Section 3 – Specifications will be considered. Bidders must operate in accordance with all applicable laws, rules, and regulations. Submit all required bid documents to OCFS at the following address:

New York State Office of Children and Family Services Attn: Bureau of Contract Management– Purchasing Unit– Kathleen Belmonte Epinephrine Auto-Injectors 2022 52 Washington Street, Room 202 South Rensselaer, NY 12144

E-MAIL OR FAX BID SUBMISSIONS ARE NOT ACCEPTABLE AND WILL NOT BE CONSIDERED.

The State of New York will not be held liable for any cost incurred by the offeror for work performed to prepare and produce a bid. Contractors may not begin to provide services before the Purchase Authorization start date; OCFS has no obligation to pay for services before that time. Payments cannot be made before the formal execution of a Purchase Authorization. Bids must be received in the above office on or before the date/time set forth in Section 1.3 – Calendar of Events. Offerors assume all risks for timely, properly submitted deliveries.

LATE BIDS MAY BE REJECTED

Any bid received at the designated location after the established time will be considered a late bid. A late bid will be rejected and disqualified from award. However, a late bid may be accepted in the Commissioner’s sole discretion when

(i) no timely bids meeting the requirements of the solicitation are received; or

(ii) the offeror has demonstrated to the satisfaction of the Commissioner that the late bid was caused solely by factors outside the control of the offeror.

Note: The Commissioner is under no obligation to accept a late bid.

The basis for any determination to accept a late bid shall be documented in the procurement record.

FIRM OFFER

Bids must remain an effective offer, firm and irrevocable, for at least 180 calendar days from the due date, unless the time for awarding the Purchase Authorization is extended by mutual consent of OCFS and the offeror. A bid shall continue to remain an effective offer, firm and irrevocable, subsequent to the 180 calendar-day period until either tentative award of the Purchase Authorization(s), withdrawal of the procurement, or withdrawal of the bid in writing by the offeror.

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

Required Contents of Bid Proposal

All bid proposals must include the following:

· OCFS-0910, Request for Bid

· OCFS-4822, Procurement Lobbying Act – Offeror Certification Form

· Vendor Responsibility Questionnaire For-Profit Business Entity

· OCFS-2647, EO 177 Certification (See Section 4.12 for more information)

Attachments to this announcement are also available for download from The New York State Contract Reporter (Contract Reporter) website at https://www.nyscr.ny.gov.

General Proposal Appearance

Bids must be submitted inside a sealed envelope. Bid submissions for this procurement should only contain bid proposals for this specific funding opportunity. Multiple bids should be submitted individually in their own separate sealed envelopes that are clearly labeled on the outside.

Bid proposals should be bound and labeled in a manner that allows pages to be easily removed, scanned, and/or added to the bid proposal. Acceptable methods include, but are not limited to, three-ring binders and binder clips. Do not use staples or spiral wire binding. Do not attach index tabs to your bid submission documents.

The fonts and margins used in the bid proposal should be reasonable. Twelve-point text using Arial, Times New Roman, or Calibri fonts are considered acceptable. Standard one-inch margins are recommended. It is permissible to use headers, footers, and page numbers inside the margins.

The bid documents must be submitted by mail, hand delivery, overnight carrier, or certified mail in a sealed package or envelope that clearly displays the following information on the outside (Please see IFB Section 2.1 Instructions for Bid Submission and Section 1.3 Calendar of Events):

Offeror’s complete name and address Solicitation number Bid due date and time

Documents Required After Bid Submission

During Purchase Authorization negotiations, awarded offerors will be required to complete the following additional forms:

· ST-220-TD, Contractor Certification (New York State Department of Tax and Finance form)

· ST-220-CA, Contractor Certification to Covered Agency (New York State Department of Tax and Finance form)

· Proof of workers’ compensation and disability benefits coverage or Certificate of Attestation of Exemption from New York State Workers’ Compensation Board and Disability Benefits Coverage

3. Specifications

3.1 Eligible Bidders

A bidder must be the manufacturer of the products being requested, or an authorized representative (i.e. dealer/reseller) of the manufacturer’s products being requested.

3.2 Product/Service Specifications

· A twin-pack that includes 2 epinephrine auto injectors and a voice guided instructional training device that a child care provider would use in a life-threatening anaphylactic emergency.

· Lot 1 – One twin pack at the 0.1mg dose (for children weighing between 16.5 - 33 pounds)

· Lot 2 - One twin pack at the 0.15mg dose (for children weighing between 33 - 66 pounds);

· Lot 3 - One twin pack at the 0.3mg dose (for children who weigh more than 66 pounds).

· Each eligible child care program would receive a maximum of one twin pack of each dose- totaling a maximum of three twin packs per eligible program. To ensure eligible programs have the needed doses, when the auto injector expires or is dispensed, the initiative would replace the auto injector. There are approximately 16,000 providers at 100% uptake.

· The auto injector must adhere to FDA rules and regulations. In the event of a product recall, vendor must agree to replace the recalled device at no cost to NYS or the child care program.

· The auto injector device must have a retractable needle.

· The vendor must have the technological infrastructure to align with the current systems. The vendor must utilize a compatible technology solution that will allow them to interface with the application programming interface (API) offered by OCFS Division of Child Care Services(DCCS) electronic system of record, the Child Care Facility System(CCFS). The API provides CCFS with the ability to request new devices and be updated when devices have been shipped in a fully automated process.

· By also interfacing with DCCS’ training vendor, CCFS developed a solution that determines if and when a device request is valid based on the successful completion of the Professional Development Program (PDP) training course. That information prompts CCFS to share data with the vendor to indicate a new device needs to be sent to a facility. It provides information on the individual that is able to handle the device and where the device is to be shipped. Once a device leaves the vendor, they need to provide CCFS with the details so that the device’s expiration date can be monitored. To participate in the auto injector initiative, the successful vendor must have the capacity to interface with CCFS and the training vendor as the system is currently designed.

· At vendor’s cost, the vendor must be able to provide ongoing support to child care providers by implementing a tele-outreach program promoting the initiative which includes telephone and email correspondence to child care programs. The scripting for the tele-outreach must be pre-approved by OCFS.

· The vendor must have the ability to directly ship the auto injector twin packs directly to the eligible child care program. Shipping costs should be included in the price.

3.

1.2

3.3 Delivery

Shipping shall be at FOB DESTINATION to any point in New York State.

Items ordered from this Purchase Authorization must be delivered within 30 days of notification of the order by OCFS, unless otherwise agreed to, in writing, by OCFS.

3.

4.

3.4 Security Procedures

Please note that the delivery location may have security policies that must be followed. The contractor will work with OCFS to obtain necessary clearances. The contractor may be required to provide information such as, but not limited to, the company name, the employee’s name (as it appears on ID), valid driver license number, vehicle make, model and license plate, etc. to gain access to the delivery location.

3.5 Warranty (if commodity purchase)

The contractor hereby warrants and represents that products, components, or parts specified and furnished by or through the 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 Purchase Authorization for a minimum of one year from the date of acceptance. If manufacturer’s warranty exceeds one year that time frame will apply.

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

All warranties included in this IFB shall survive the termination of any resulting Purchase Authorization.

4. Administrative Information

4.1 Method of Award

One award will be made to the lowest price vendor in each lot. The bidder(s) submitting a bid in compliance with Section 2.0 Bid Submission, meeting the requirements stated in Section 3.0 Specifications, passing vendor responsibility review, and offering the lowest bid will be awarded the Purchase Authorization.

The bid will be firm for 5 years. There will be no adjustment to the rate during the contract period, except as noted in section 4.2.

If a tie bid results, manufacturers/ authorized representatives names will be placed into a hat and the manufacturer/authorized representative selected will be offered a Purchase Authorization.

4.2 Price

Price includes all custom duties and charges and is net, F.O.B. destination to the address identified by OCFS.

Bidder shall hold prices for one year. On each anniversary date of the contract, the awarded bidder may request in writing an increase in the contracted payment rate, dependent upon fluctuations in the latest published copy of the Consumer Price Index for New York State and Northeastern New Jersey as published by the US Department of Labor, Bureau of Labor Statistics, Washington, DC 20212. The Bidder has the sole responsibility to request the adjusted rate on the anniversary date and must provide a copy of the Consumer Price Index to support the request for increase. This increase is limited to 5% per year.

Should the Bidder fail to submit the rate increase request within 45 days of the anniversary date of the contract, the Bidder shall be deemed to have waived its right to any increase in price.

OCFS reserves the right, on each anniversary date of the contract, to make downward adjustments in the contracted payment rate in the case of a decrease in the Consumer Price Index. Notice of any such adjustment will be provided by OCFS in writing 30 days prior to the date of the adjustment.

4.3 Term of Purchase Authorization

It is the intention of the State to award a single Purchase Authorization (PA) for each lot made to the bidder with the lowest cost for each lot, who also passes a mandatory vendor responsibility review. The PA will commence on or about the date as stated in Section 1.3 and will continue for a period of 5 years and is subject to approval by the, Office of the State Comptroller (OSC). Contractors may not begin to provide products/services before the PA start date; OCFS has no obligation to pay for products/services rendered before that time. All orders resulting from this IFB will be made via purchase orders (PO) issued against the PA. A copy of the terms and conditions of the Purchase Authorization are attached to this IFB.

4.4 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 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 PO number, and invoices shall be consistent with the PO issued; including but not limited to purchase order number, description of items, quantity, unit and price per unit (in agreement with the contract price).

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

New York State Office of General Services c/o OGS Business Services Center Building 5, 5th Floor 1220 Washington Ave.

Albany, New York 12226-1900

OR

accountspayable@ogs.ny.gov

4.5 Dispute Resolution

It is OCFS’s policy to provide vendors with an opportunity to administratively resolve disputes, complaints, or inquiries related to bid solicitations, Purchase Authorization awards, and Purchase Authorization administration. OCFS encourages vendors to seek resolution of disputes informally, through consultation with staff, before commencing a formal dispute process. All such matters will be accorded impartial and timely consideration. See Section 4.26 for additional information.

4.6 Contractor Responsibilities

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

4.7 Inspection of Books

It is expressly understood and agreed that OCFS and OSC shall have the right to inspect and audit the contractor’s records covered under this agreement, in accordance with his/her statutory responsibility to examine the books and accounts of every agency. OSC requires, and the contractor agrees to, the retention of all material that is pertinent to an audit of the operations under any purchase order resulting from this IFB for a full three-year period or Purchase Authorization resulting from this IFB for a full six-year period.

4.8 OCFS Reserved Rights

OCFS reserves the right to

1. place a monetary cap on the funding amount made in each Purchase Authorization award;

2. change any of the schedule dates stated in this IFB;

3. reject any or all proposals received in response to the IFB;

4. withdraw the IFB at any time at the agency’s sole discretion;

5. make an award under the IFB in whole or in part;

6. disqualify any offeror whose conduct and/or proposal fails to conform to the IFB’s requirements;

7. reject any proposal if, in the sole discretion of OCFS, it determines the offeror is not a responsible vendor;

8. seek clarification and revisions of proposals. Ask offerors to present supplemental information clarifying their proposals either in writing or by formal presentation. New information is not permitted;

9. require that offerors demonstrate, to the satisfaction of OCFS, any feature(s) present as a part of their proposal that may include an oral presentation of their proposal and may be considered in the evaluation of the proposal;

10. before opening bids, amend any part of this IFB with notification to all offerors, and direct all offerors to prepare modifications addressing IFB amendments, if necessary. Expenses incurred in the preparation of any proposals or modifications submitted in response to this IFB are the sole responsibility of the offeror or other party and will not be incurred by OCFS;

11. make funding decisions that maximize compliance with and address the outcomes identified in this IFB;

12. fund only one portion, or selected activities, of the selected offeror’s proposal and/or adopt all or part of the selected offeror’s proposal based on federal and state requirements;

13. eliminate any IFB requirements that cannot be met by all prospective offerors upon notice to all parties that submitted proposals;

14. waive procedural technicalities or modify minor irregularities in proposals received after notification to the offeror involved;

15. correct any arithmetic errors in any proposal or make typographical corrections to proposals with the concurrence of the offeror;

16. negotiate with the selected offeror(s) before Purchase Authorization award;

17. conduct Purchase Authorization negotiations or award a Purchase Authorization to the next highest offeror if Purchase Authorization negotiations with the selected offeror(s) cannot be accomplished within an acceptable time frame. No offeror will have any rights against OCFS arising from such actions;

18. award Purchase Authorizations to more than one offeror or to other than the lowest offeror;

19. require that all proposals be held valid for a minimum of 180 days from the closing date for receipt of proposals, unless otherwise expressly provided for in writing;

20. fund any or all the proposals received in response to this IFB. However, issuance of this IFB does not commit OCFS to fund any proposals. OCFS can reject any proposals submitted and reserves the right to withdraw or postpone this IFB without notice and without liability to any offeror or other party for expenses incurred in the preparation of any proposals submitted in response to this IFB and may exercise these rights at any time;

21. use the proposal submitted in response to this IFB as part of an approved Purchase Authorization. At the time of Purchase Authorization development, awardees may be asked to provide additional budget and program information for the final Purchase Authorization;

22. use any and all ideas submitted in the proposals received;

23. require clarification at any time during the procurement process and/or require correction of arithmetic or other apparent errors for the purpose of assuring a full and complete understanding of an offeror’s proposal and/or to determine an offeror’s compliance with the requirements of the solicitation;

24. make additional awards based on the remaining proposals submitted in response to this IFB and/or provide additional funding to awardees if such funds become available;

25. make inquiries of third parties, including but not limited to offerors references regarding the applicants’ experience or other matters deemed relevant to the proposal by OCFS. By submitting a proposal in response to this IFB, the applicant gives its consent to any inquiry made by OCFS;

26. require contractors to participate in a formal evaluation of the program to be developed by OCFS. Contractors may be required to collect data for these purposes. The evaluation design will maintain confidentiality of participants and recognize practical constraints of collecting this kind of information;

27. consider statewide distribution and regional distribution within New York City, including borough distribution methodology, in evaluating proposals;

28. rescind awards for failure of awardees to meet required time frames for Purchase Authorization development and/or signature;

29. use proposal information obtained through site visits, management interviews and the State’s investigation of a bidder’s qualifications, experience, ability, or financial standing, and any material or information submitted by the bidder in response to the agency’s request for clarifying information in the course of evaluation and/or selection under the IFB; and

30. reject any extraneous terms, alternate activities/work to be performed, added conditions, or exceptions stated by applicants within their proposal(s). This includes, but is not limited to, proposed changes to the standard terms and conditions of the resulting Purchase Authorization(s).

4.9 Incurred Costs

The State of New York shall not be liable for any costs incurred by an offeror in the preparation and production of a proposal or for the contractor’s participation in any pre-Purchase Authorization award activity. The State of New York shall not be liable for any cost incurred by the contractor in preparation for or before the approval of an executed Purchase Authorization by the OSC.

4.10 Security, Nondisclosure, and Confidentiality Agreement

The content of each offeror’s proposal will be held in strict confidence by the State during the bid evaluation process and will not be disclosed except to the evaluation panels, and to the New York State Office of the Attorney General and OSC, as may be necessary, to obtain their approvals for the final Purchase Authorization, and except as required by law. The successful offeror’s proposal and a copy of the specifications will be made a part of the Purchase Authorization.

Public inspection of a proposal is regulated by the Freedom of Information Law (Article 6 of the New York Public Officer’s Law, or FOIL). Proposals are presumptively available for public inspection. If this would be unacceptable to offerors, they should apply to the New York State Division of Budget (DOB) for trade secret protection for their bid.

Confidential, trade secret, or proprietary materials as defined by the laws of the State of New York must be clearly marked and identified upon submission by the offeror. Marking the bid as “confidential” or “proprietary” on its face or in the document header or footer is not sufficient without specific justification as to why disclosure of particular information in the bid would cause substantial injury to the competitive position of the offeror.

Offerors/contractors intending to seek an exemption from disclosure of these materials under the FOIL must request the exemption in writing, explaining the reasons for the claimed exemption. Acceptance of the claimed materials does not constitute a determination on the exemption request, which will be made in accordance with statutory procedures.

The Public Officers’ Code of Ethics (Section 74 of the Public Officers Law) sets the standard that no officer or employee of a state agency shall disclose confidential information that he/she acquires during his/her official duties. These standards control the confidentiality of an offeror’s proposal unless DOB grants a petition for records access in accordance with FOIL.

Offerors should be advised that the confidentiality of their proposals is founded upon statute, as described above. A nondisclosure agreement, whether prescribed by DOB or the offeror, would not alter the rights and responsibilities of either party under FOIL. Offerors should not propose a nondisclosure agreement for DOB employees, as that is legally ineffective to alter any responsibility under FOIL or the Code of Ethics.

The provisions of FOIL will also govern the confidentiality of any and all products or services supplied by the successful offeror.

Please see Content of Proposals for the Confidentiality Non-Disclosure Agreement (OCFS-4715), which each contractor or subcontractor, employee of a contractor or subcontractor, and volunteer with a contractor or subcontractor is required to sign.

4.11 Omnibus Procurement Act

It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority- and women-owned business enterprises (MWBE) as offerors, subcontractors, and suppliers on its procurement Purchase Authorizations.

Information on the availability of New York State subcontractors and suppliers is available on the internet at www.esd.ny.gov. For additional information and assistance, contact:

New York State Department of Economic Development Division for Small Business Albany, New York 12245 Telephone: 518-292-5100 Fax: 518-292-5884 Email: opa@esd.ny.gov

A directory of certified MWBE is available from:

New York State Department of Economic Development Division of Minority and Women's Business Development 633 Third Avenue New York, New York 10017 Telephone: 212-803-2414 Email: mwbecertification@esd.ny.gov https://ny.newnycontracts.com

NOTE: Companies requesting lists of potential subcontractors and suppliers are encouraged to identify the Standard Industrial Classification (SIC) code, size, and location of vendors.

A directory of minority- and women-owned business enterprises is available on the internet at https://ny.newnycontracts.com. For additional information and assistance, contact either of the above offices.

The Omnibus Procurement Act of 1992 requires that by signing a bid proposal, contractors certify that whenever the total offer amount is greater than $1 million:

1. The contractor has made reasonable efforts to encourage the participation of New York State business enterprises as suppliers and subcontractors on this project and has retained the documentation of these efforts to be provided upon request to the state;

2. The contractor has documented their efforts to encourage the participation of New York State business enterprises as suppliers and subcontractors by showing that they have done the following:

· Solicited offers, in a timely and adequate manner, from New York State Empire State Development business enterprises, including certified minority- and women-owned businesses; or

· Contacted New York State Empire State Development to obtain listings of New York State business enterprises and MWBE; or

· Placed notices for subcontractors and suppliers in newspapers, journals or other trade publications distributed in New York State; or

· Participated in offeror outreach conferences.

If the contractor determines that New York State business enterprises are not available to participate on the Purchase Authorization as subcontractors or suppliers, the contractor shall provide a statement indicating the method used to determine this.

If the contractor does not intend to use subcontractors, the contractor shall provide a statement verifying such.

3. The contractor has complied with the federal Equal Opportunity Act of 1972 (P.L. 92-961), as amended;

4. The contractor will be required to notify New York State residents of employment opportunities through listing any such positions with Community Services Division of the New York State Department of Labor, providing for such notification in a manner consistent with existing collective bargaining contracts or agreements. The agency agrees to document these efforts and to provide said documentation to OCFS upon request;

5. Offerors located in a foreign country are notified that the State may assign or otherwise transfer offset credits to third parties located in New York State, and the offerors shall be obligated to cooperate with the State in any and all respects in making such assignment or transfer, including, but not limited to, executing any and all documents deemed by the State to be necessary or desirable to effectuate such assignment or transfer, and using their best efforts to obtain the recognition and accession to such assignment or transfer by any applicable foreign government; and

6. Offerors are hereby notified that State agencies and authorities are prohibited from entering into Purchase Authorizations with businesses whose principle place of business is in a “discriminatory jurisdiction.” This is defined as a state or political subdivision that employs a preference or price distorting mechanism to the detriment of or otherwise discriminates against a New York State business enterprise in the procurement of commodities and services by the same or a non-governmental entity influenced by the same. A list of discriminatory jurisdictions is maintained by the Commissioner of New York State Empire State Development.

4.12 Executive Order Number 38 & 177

EO#38 – Limits on State-Funded Administrative Costs & Executive Compensation

On January 18, 2012, Governor Andrew M. Cuomo issued Executive Order No. 38, “Limits on State-Funded Administrative Costs & Executive Compensation,” which requires that State agencies establish limits on State reimbursement of administrative and executive compensation costs for Purchase Authorizations and programs that provide direct services to clients. Purchase Authorizations, payment requests, and reporting must comply with this Executive Order, which. can be found at:

http://executiveorder38.ny.gov/

LEGAL NOTICE: Based upon the April 8, 2014, decision in Agencies for Children's Therapy Services, Inc. v. New York State Department of Health, et al. ("ACTS"), covered providers conducting business in Nassau County need not file Executive Order No. 38 disclosures. For purposes of this notice, "conducting business" means having a place of business within Nassau County, providing program services or administrative services involving the use or receipt of state funds or state-authorized payments within Nassau County, or otherwise conducting business within Nassau County in relation to which executive compensation is paid. Please note that the ACTS decision is under appeal. Those affected by the ACTS' decision should periodically check the EO 38 website for updates regarding any changes to this notice.

EO#177 – Prohibiting State Contracts with Entities That Support Discrimination

Executive Order 177, signed on February 3, 2018, by Governor Andrew M. Cuomo directs New York State agencies and authorities not to enter into any Purchase Authorizations with entities that have institutional policies or practices that fail to address the harassment and discrimination of individuals on the basis of their age, race, creed, color, national origin, sex, sexual orientation, gender identity, disability, marital status, military status, or other protected basis. The contractor must provide the EO 177 certification statement before any award being made by OCFS.

4.13 Minority- and Women-Owned Business Enterprises (MWBE) – Equal Employment Opportunity (EEO) - Requirements & Procedures

This section outlines contractor requirements and procedures for business participation opportunities for New York State-certified MWBE, and Equal Employment Opportunities (EEO) for minority group members and women. All forms can be found here.

New York State Executive Law (Article 15-A)

Pursuant to New York State Executive Law Article 15-A and Parts 140-145 of Title 5 of the New York Codes, Rules and Regulations OCFS is required to promote opportunities for the maximum feasible participation of MWBE and the employment of minority group members and women in the performance of OCFS Purchase Authorizations.

MWBE Participation Opportunities – OCFS-Established Goals

For purposes of this solicitation, OCFS hereby establishes an overall goal of 30 percent for MWBE participation, 15 percent for New York State-certified Minority-Owned Business Enterprises (MBE) participation and 15 percent for New York State-Certified Women-Owned Business Enterprises (WBE) participation (based on the current availability of MBEs and WBEs). A contractor on any Purchase Authorization resulting from this procurement (Purchase Authorization) must document its good faith efforts to provide meaningful participation by MWBE as subcontractors and suppliers in the performance of the Purchase Authorization. To that end, by submitting a response to this IFB, the respondent agrees that OCFS may withhold payment pursuant to any Purchase Authorization awarded as a result of this IFB pending receipt of the required MWBE documentation. An MWBE directory can be viewed at: https://ny.newnycontracts.com. For guidance on how OCFS will evaluate a contractor’s “good faith efforts,” refer to 5 NYCRR § 142.8.

The respondent understands that only sums paid to MWBE for the performance of a commercially useful function, as that term is defined in 5 NYCRR § 140.1, may be applied towards the achievement of the applicable MWBE participation goal. The portion of a Purchase Authorization with an MWBE serving as a broker that shall be deemed to represent the commercially useful function performed by the MWBE shall be 25 percent of the total value of the Purchase Authorization.

Purchase Authorization Compliance

In accordance with 5 NYCRR § 142.13, the respondent further acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in a Purchase Authorization resulting from this IFB, such finding constitutes a breach of Purchase Authorization and OCFS may withhold payment as liquidated damages.

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

By submitting a bid or proposal, a respondent agrees to demonstrate its good faith efforts to achieve the applicable MWBE participation goals by submitting evidence thereof through the New York State Contract System (NYSCS), which can be viewed at https://ny.newnycontracts.com provided, however, that a respondent also arranges to provide such evidence via a nonelectronic method by contacting OCFS.

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

A. An MWBE Utilization Plan with their bid or proposal. Any modifications or changes to an accepted MWBE Utilization Plan after the Purchase Authorization award and during the term of the Purchase Authorization must be reported on a revised MWBE Utilization Plan and submitted to OCFS for review and approval.

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

B. If a notice of deficiency is issued, the respondent will be required to respond to it within seven business days of receipt by submitting to OCFS a written remedy in response to the notice to mwbeinfo@ocfs.ny.gov. If the written remedy that is submitted is not timely or is found by OCFS to be inadequate, OCFS shall notify the respondent and direct the respondent to submit, within five business days, a request for a partial or total waiver of MWBE participation goals. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal.

OCFS may disqualify a respondent as being non-responsive under the following circumstances:

a) If a respondent fails to submit an MWBE Utilization Plan; or

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

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

d) If OCFS determines that the respondent has failed to document good- faith efforts.

The successful respondent will be required to attempt to use, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Purchase Authorization. Requests for a partial or total waiver of established goal requirements made subsequent to Purchase Authorization award may be made at any time during the term of the Purchase Authorization to OCFS but must be made before submitting a request for final payment on the Purchase Authorization.

The successful respondent will be required to submit a quarterly M/WBE Contractor Compliance and Payment Report to OCFS by the 10th day following each end of quarter over the term of the Purchase Authorization documenting the progress made toward achievement of the MWBE contract goals.

Equal Employment Opportunity (EEO) Requirements

By submitting a bid or proposal in response to this solicitation, the respondent agrees with all of the terms and conditions of Appendix A – Standard Clauses for All New York State Contracts, including Clause 12 - Equal Employment Opportunities for Minorities and Women. The respondent is required to ensure that it and any subcontractors awarded a subcontract for the construction, demolition, replacement, major repair, renovation, planning, or design of real property and improvements thereon (the work), except where the work is for the beneficial use of the respondent, undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability, or marital status. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services unrelated to the Purchase Authorization; or (ii) employment outside New York State.

The respondent will be required to submit OCFS-3460, Minority and Women-owned Business Enterprises (MWBE) and Equal Employment Opportunity Policy Statement, to OCFS with its bid or proposal.

If awarded a Purchase Authorization, respondent shall submit a Workforce Utilization Report and shall require each of its subcontractors to submit the same, in a format that OCFS requires on a quarterly basis during the term of the Purchase Authorization.

Pursuant to Executive Order No. 162, non-grant contractors and subcontractors will also be required to report the gross wages paid to each of their employees for the work performed by such employees on the Purchase Authorization utilizing the Workforce Utilization Report on a quarterly basis.

Further, pursuant to Article 15 of the Executive Law (the Human Rights Law) and all other state and federal statutory and constitutional non-discrimination provisions, the contractor and sub-contractors will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest.

Please note: Failure to comply with the foregoing requirements may result in a finding of non-responsiveness, non-responsibility and/or a breach of the Purchase Authorization, leading to the withholding of funds, suspension, or termination of the Purchase Authorization or such other actions or enforcement proceedings as allowed by the Purchase Authorization.

4.14 Service-Disabled, Veteran-Owned Business (SDVOB)

The Service-Disabled Veteran-Owned Business Act, signed into law by Governor Andrew M. Cuomo on May 12, 2014, allows eligible veteran business owners to become certified as a New York State Service-Disabled, Veteran-Owned Business (SDVOB) in order to increase the participation of such businesses in New York State's contracting opportunities. The SDVOB Act, which is codified under Article 17-B of the Executive Law, acknowledges that SDVOBs strongly contribute to the economies of the state and the nation. Therefore, and consistent with its Master Goal Plan, OCFS strongly encourages vendors who contract with OCFS to consider using certified SDVOBs that are responsible and responsive for at least six percent of discretionary non-personnel service spending in the fulfillment of the requirements of their Purchase Authorizations with OCFS. Such partnering may include utilizing certified SDVOBs as subcontractors, suppliers, protégés, or in other supporting roles to the maximum extent practical and consistent with the legal requirements of the State Finance Law and the Executive Law. Certified SDVOBs may be readily identified through the directory of certified businesses at: List of Certified NYS Service-Disabled Veteran-Owned Businesses.

4.15 Anti-Kickback Act

The contractor understands that it must comply with federal Executive Order No. 11246, the Copeland “Anti-Kickback Act” (18 USC 874), Section 508 of the federal Clean Air Act, Section 306 of the federal Clean Water Act, and that it must certify that neither it nor its principals are debarred or suspended from federal financial assistance programs and activities and must complete and return in pursuit of such certification any appropriate form required by the State (see federal Executive Order No. 12549 and 7 CFR Part 3017).

4.16 Contractor Responsibility

If the selected offeror’s proposal includes services provided by another firm, it shall be mandatory for the selected offeror to assume full responsibility for the delivery for such items offered in the proposal. Should the selected offeror seek external financing, the state reserves the right to approve the assignment of the Purchase Authorization for financing purposes. In any event, the State will contract only with an offeror, not the offeror’s financing institution or subcontractors. The State shall consider the selected offeror to be the sole responsible contact regarding all provisions of the Purchase Authorization resulting from this IFB. Should an offeror wish to subcontract its responsibilities under this solicitation, OCFS requests that the prime contractor/vendor obtain approval.

4.17 Multiagency Use

The Purchase Authorization entered into pursuant to an award resulting from this IFB shall contain a provision that grants the option to extend the terms and conditions of such Purchase Authorization to any other state agency in New York State.

4.18 Contacts with Employees

1. From the issuance of this IFB, or upon the posting of it on a governmental entity’s website, in a newspaper, or in the procurement opportunities newsletter, whichever is earlier, until final Purchase Authorization awards have been made and approved, all contact with OCFS personnel, except as otherwise specified herein, concerning this IFB must be made through the contact provided on the cover page of this IFB with the bid name in the subject line.

2. All questions and requests for clarification of this IFB should cite the particular IFB section and paragraph number and must be submitted via email no later than the Deadline for Submission of Written Questions specified below. Questions received after the deadline may not be answered.

3. Prospective offerors shall not approach state personnel with offers of employment during the procurement period or risk being disqualified from the procurement.