IFB-PA02465 Solicitation to Bidders 08.04.2026.pdf

IFB-PA02465 30-Minute Road Flares with Wire Stand Page 1

Invitation for Bids

**30-Minute Road Flares with Wire Stand**

IFB-PA02465

Contract Period: 5-Years

BID DUE DATE: August 26, 2026 @ 3:30 PM

Issue Date: August 5, 2026

Questions Due: August 11, 2026

Designated Contacts

PRIMARY CONTACT ALTERNATE CONTACT

Sharon Pailley Contract Management Specialist 2

Shannon Diederich Contract Management Specialist 1

Telephone: (518) 485-7545 Telephone: (518) 485-0933

Address: New York State Police 1220 Washington Ave., Bldg. 22

Albany, New York 12226 Email: Contracts@troopers.ny.gov mailto:Contracts@troopers.ny.gov

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NON-BID RESPONSE FORM

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

Sharon Pailley, CMS2 New York State Police 1220 Washington Ave., Bldg. 22

Company Name:

Address:

City, State, Zip: Telephone:

Solicitation Title: IFB-PA02465

☐ My business did not bid on the above identified solicitation but please leave our business on your bidder’s list.

☐ My business did not bid on the above identified solicitation, and we wish to be excluded from your bidder’s list for future solicitation considerations.

REASONS FOR NOT SUBMITTING A BID (Please check all that apply.)

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

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

☐ Unable to meet specifications/other considerations in this proposal. Please explain:

☐ Specifications in the solicitation were unclear. Please explain:

☐ Unable to meet insurance requirements.

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

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

☐ Other (specify):

Print Name Title

Signature Date

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Table of Contents

NON-BID RESPONSE FORM

1. Introduction

1.1 Overview

1.2 Designated Contacts

1.3 Key Events

1.4 IFB Questions and Clarifications

1.5 Bidders’ Conference

1.6 Bid Addenda

1.7 Glossary of Terms

1.8 Confidential/Proprietary Information

2. Bid Submission

2.1 Instructions for Bid Submission

2.2 Bid Opening

2.3 Bid Evaluation

3. Administrative Information

3.1 Scope of Work

3.2 Method of Award

3.3 Price

3.4 Estimated Quantities Contracts

3.5 Term of Contract

3.6 Method of Payment

3.7 Electronic Payment

3.8 Dispute Resolution

3.9 Contractor Responsibilities

3.10 Inspection of Books

4. Requirements

4.1 Qualifications of Bidder

4.2 Preferred Packaging Specifications

4.3 Delivery

4.4 Warranty

5. Contract Clauses and Requirements

5.1 Appendix A

5.2 Appendix B

5.3 Appendix C

5.4 Order of Precedence

5.5 SAM.gov Requirements

5.6 National Institute of Standards and Technology (NIST)

5.7 Gender-Based Violence and the Workplace Requirement

5.8 Procurement Lobbying Requirement

5.9 Contractor Insurance Requirements

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5.10 Tax and Finance Requirements

5.11 Participation by Minority Group Members and Women: Requirements and Procedures

5.12 Participation by Service-Disabled Veterans: Requirements and Procedures

5.13 General Requirements

5.14 Procurement Rights

5.15 Debriefings

5.16 Termination

5.17 New York State Vendor File Registration

5.18 New York State Vendor Responsibility

5.19 Ethics Compliance

5.20 Sexual Harassment Prevention

5.21 Indemnification

5.22 Force Majeure

5.23 Appendices and Attachments

6. REQUIRED FORMS/ CERTIFICATIONS – RETURN WITH BID

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1. Introduction

1.1 Overview

The New York State Police (NYSP) is accepting bids for 30-Minute Road Flares with Wire Stand. As a result of this Invitation for Bids (IFB), NYSP intends to enter into a five (5) year Purchase Authorization (PA) contract with the winning low bidder.

New York State Contract Reporter 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 “Find Contracts” page, by clicking on “Find Bids” or “Find Contracts”, 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 “Notify me if this ad updates,” located in the top right-hand corner of the 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, Sharon Pailley, Contract Management Specialist 2 (CMS2) has been designated as the Primary Contact for this procurement and may be reached by email for inquiries regarding this solicitation. If the Primary designated contact is not available, the Alternate Contact is also listed below:

PRIMARY CONTACT ALTERNATE CONTACT

Sharon Pailley, CMS2 Shannon Diedierch, CMS1 1220 Washington Ave., Bldg. 22 1220 Washington Ave., Bldg. 22 Albany, New York 12226 Albany, New York 12226

Phone No: (518) 485-7545 Phone No: (518) 485-0933 E-Mail: Contracts@troopers.ny.gov E-Mail: Contracts@troopers.ny.gov

Communications regarding this procurement may only occur with the primary and alternate contacts listed above until the resulting contract is fully executed.

1.3 Key Events

The Table below outlines the schedule for important action dates of this IFB-PA02465.

Event Date / Time

NYSP Issues Invitation for Bid (IFB) August 5, 2026

Deadline for Submission of Bidder Questions August 11, 2026

NYSP Issues Responses to Written Questions (estimated) August 14, 2026

Bid Due Date/ Bid Opening Date August 26, 2026 @ 3:30 PM EST

Contract Start Date (Estimated-Subject to OSC Approval) September 1, 2026

1.4 IFB Questions and Clarifications

All questions and/or requests for clarification regarding this IFB are only accepted via e-mail and should be sent to Sharon Pailley at Contracts@troopers.ny.gov. Deadline for submission of questions will be as indicated in §1.3 Key Events. In the subject line please reference “IFB-PA02465”. A Bidder is strongly encouraged to submit questions as soon as possible. Questions submitted after the deadline indicated may not be answered. Official answers to all questions of a substantive nature will be provided in the form of a question and answer (Q&A) document available to all prospective Bidders via posting to the New York State Contract Reporter website https://www.nyscr.ny.gov/.

https://www.nyscr.ny.gov/ mailto:Contracts@troopers.ny.gov mailto:Contracts@troopers.ny.gov

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1.5 Bidders’ Conference

No Bidder’s Conference will be held for this IFB. Prospective bidders may submit questions via email to Contracts@troopers.ny.gov by the date and time indicated in §1.3 Key Events.

1.6 Bid Addenda

Any addendum issued prior to the Bid due date must be acknowledged by signature, dated and be submitted on or before the Bid due date. In awarding a contract any addenda will become part thereof.

Any verbal information obtained from, or statements made by, representatives of the NYSP at the time of examination of the contract documents shall not be construed in any way amending the contract documents. Only such corrections or addenda as issued, in writing, to all Bidders shall become part of the contract.

1.7 Glossary of Terms

“A/R/O” shall mean, after receipt of order.

“Issuing Office” shall mean the New York State Police.

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

“F.O.B. Destination” As Defined in U.C.C. §2-319, “free on board (F.O.B.) destination” shall mean there will be no charge for delivery to the agency’s specific location and that the title is conveyed from the vendor to the agency at the destination of the shipment. The vendor owns the goods during transit and will file any damage claims.

“Invitation for Bids” or “IFB” shall mean this document. See also, “solicitation”.

“Must” denotes the imperative in a contract clause or specification. Means required- being determinative/ mandatory, as well as imperative. Also see “shall”.

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

“Product” shall mean 30-Minute Road Flare with Wire Stand as stated in §4. Requirements, and to be procured by the contract pursuant to this solicitation.

“Purchase Authorization” or “PA” shall mean a type of contract that allows for the purchase of commodities on an as-needed basis.

“§” shall mean section.

“Shall” denotes the imperative in a contract clause or specification. Means required – being determinative/ mandatory, as well as imperative.

“Solicitation” shall mean this IFB document.

“State” (or the State) shall mean The People of the State of New York, which shall also mean the New York State Police.

“Superintendent” shall mean the Superintendent of the New York State Police or duly authorized representative.

1.8 Confidential/Proprietary Information

During the evaluation process, the content of each Bid will be held in confidence and details of any Bid will not be revealed (except as may be required under the Freedom of Information Law or other State law). Bidder shall specifically identify those portions of their bid deemed to be confidential, proprietary information or trade secrets and provide any justifications why such material, upon request, should not be disclosed by the NYSP. Marking the Bid as “confidential” or “proprietary” on its face or in the document header or footer shall not be considered by NYSP to be sufficient to withhold disclosure and must submit with their Bid the form “Request for Exemption from Disclosure Pursuant to the Freedom of Information Law,” located in §6. Required Forms/ Certifications of this solicitation in order to request exemption of portions of their Bid from Freedom of Information Law or other State law disclosure.

~Remainder of Page Intentionally Left Blank~

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2. Bid Submission

2.1 Instructions for Bid Submission

Only bids from Bidders who furnish all required information and meet the mandatory requirements will be considered.

Submit all required bid documents to the NYSP at the following address:

New York State Police Attn: Sharon Pailley IFB-PA02465

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 Bidder for work performed in the preparation and production of a bid or for any work performed prior to the formal execution of a contract. Bids must be received in the above office on or before 3:30: PM ET on the date indicated in §1.3 Key Events. The received time of bids will be determined by NYSP at the clock at the above noted location. Bidders 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 may be rejected and disqualified from award. Notwithstanding the foregoing, a Late Bid may be accepted at the Superintendent’s sole discretion where (i) no timely Bids meeting the requirements of the Solicitation are received, or (ii) the Bidder has demonstrated to the satisfaction of the Superintendent that the Late Bid was caused solely by factors outside the control of the Bidder. However, in no event will the Superintendent be under any obligation to accept a Late Bid.

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 NYSP 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 solicitation, once delivered, become the property of the State.

Packaging of IFB Response To ensure all bids are received and to guard against premature opening, sealed bids shall be submitted, plainly marked with the following information on the outside of the package(s).

Bidder’s complete name and address

“BID ENCLOSED”

Solicitation Number: IFB-PA02465 Bid Due Date and Time: August 26, 2026 @ 3:30 PM EST See §1.3 Key Events Bid for: 30-Minute Road Flares with Wire Stand

Submit ONE (1) Complete Bid Package with Original Signatures on all Required Forms (see §6. Required Forms/ Certifications)

a) Prepare your bids on the forms provided.

b) Bids and other forms must be signed, in indelible ink, by an official of your firm authorized to sign contracts and bind the firm. Pencil will not be accepted.

c) Print the name of your company on each page of the bid.

d) Bidders must respond to each, and every specification stated in the IFB.

e) Spiral bound bids will NOT be accepted.

Important Building Access Procedures for Hand-Delivered Bids Building access procedures are in effect at NYSP building. Photo identification is required. All visitors must register for building access for delivering bids. When hand-delivering a bid, Bidders are encouraged to give notice at least two (2) hours prior to arrival at NYSP with a hand delivered bid by contacting the NYSP Primary Contact at 518-457-7240 or

IFB-PA02465 30-Minute Road Flares with Wire Stand Page 8 email Contracts@troopers.ny.gov. Bidders are encouraged to arrive thirty (30) minutes prior to the bid submission deadline (see §1.3 Key Events) to minimize any delays in timely receipt of bid.

2.2 Bid Opening

Bid opening for IFB-PA02465 30-Minute Road Flares with Wire Stand will be held at NYS Police 1220 Washington Ave., Bldg. 22, Albany, NY 12226, on the date and time indicated in §1.3 Key Events. Attendance by the Bidder at the Bid opening is not a requirement of this IFB.

Important Building Access Procedures for Bid Opening Attendance Building access procedures are in effect at NYSP building. Photo identification is required. Due to limited space, only one

(1) company representative will be allowed to attend the bid opening. Bidder must pre-register with the NYSP Primary Contact by email at Contracts@troopers.ny.gov, at least 24 hours prior to Bid Opening Date as specified in §1.3 Key Events. It is recommended that the attendee arrive thirty (30) minutes prior to the scheduled time of the bid opening to sign in at NYSP reception desk. Once signed in, pre-registered visitors are to report to the reception area. Bid opening will begin promptly at 3:30p.m. EST. Attendees arriving after the bid opening begins will be precluded from entering the meeting room.

Attendees will be required to sign in at the bid opening and provide basic company and contact information. This information will be used to verify attendance and submitted to the Office of the State Comptroller (OSC) as required activity of the IFB process. Therefore, it is imperative that the provided information be legible and accurate.

2.3 Bid Evaluation

NYSP reserves the right to accept or reject any and all Bids, or separable portions of offers, and waive technicalities, irregularities, and omissions if NYSP determines the best interests of the State will be served. NYSP may accept or reject illegible, incomplete, or vague Bids and NYSP decision shall be final.

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3. Administrative Information

3.1 Scope of Work

The NYSP is seeking an appropriately qualified vendor to provide 30-Minute Road Flares with Wire Stand (Standard Fusee Corporation item #9340 or equal), to be furnished and delivered to various locations across New York State. Exact address and lift gate information to be provided when orders are placed. Please refer to this IFB-PA02465, §4. Requirements in its entirety.

This is a brand-name or equivalent solicitation. Any brand names are for reference only, and bidders may offer equivalent brands. The use of brand names is for the purpose of describing the standard of quality, performance and characteristics desired and is not intended to limit or restrict competition.

3.2 Method of Award

Following a review of all bid submissions, award shall be made to one responsive and responsible bidder with the lowest per case price as identified in Attachment A - Cost Proposal.

In the event of a tie for lowest total cost, the NYSP shall break the tie in the following order of priority:

a) Select the bidder offering the higher discount for payment made in less than 30 days. NOTE: A discount for early payment is only considered in resolving tie bids.

b) Conduct a drawing. A witness shall be present to verify the drawing and shall certify the results on the bid tabulation sheet. If the drawing is to break a tie between two bidders, then a coin toss may be held, If the drawing is to break a tie among more than two bidders, then a selection may be determined by drawing a bidder’s name out of a hat. All names placed into the hat must be written on paper that is indistinguishable (size, weight, fold, etc.) from each other.

3.3 Price

Bid Price per case shall be F.O.B destination and include all services required to provide the items as specified in this IFB, including licenses, insurance, administrative, customs, duties, tariffs, travel, shipping charges and ancillary costs. Bid price includes any and all costs associated with providing the Product.

Lift gate fees charged to the Contractor may be extended to the NYSP at cost ONLY, with documentation showing proof of charges. Markups will not be accepted.

The price may be adjusted up or down on each anniversary date, (except for the contract termination date) in accordance with the National Consumer Price Index for all Urban Consumers (CPI-U) for Expenditure category, “Commodities less food and energy commodities” as published by the U.S. Department of Labor Statistics for the previous twelve-month period using JUNE to JUNE as the base period, provided that no increase may exceed 3%.

It shall be the responsibility of the Contractor to request annual price adjustments, in writing, at least 30 days prior to the anniversary date. Only one price adjustment will be granted each year commencing with year 2 of the contract and will be approved at the sole discretion of the NYSP.

Contractor is encouraged to offer early payment discounts during the life of the contract. This discount shall be automatically applied when New York State processes an electronic payment in the timeframe as specified on the cost proposal. In the event the vendor can offer an additional discount that is more advantageous than as specified in the contract, the contractor shall include those payment terms of the discount on the applicable invoice(s).

3.4 Estimated Quantities Contracts

The quantities or dollar values listed in Attachment A – Cost Proposal are estimated only. The Contract resulting from this IFB shall be an estimated quantities Contract. No specific quantities or volumes are represented or guaranteed. Actual payment to the vendor will be based on the price per unit for the actual number of products ordered.

3.5 Term of Contract

The Bidder must be willing to enter into a five-year contract. Any negotiated contract must conform to the laws of New York State and will be subject to approval by the Office of the State Comptroller. The contract will not be considered fully

IFB-PA02465 30-Minute Road Flares with Wire Stand Page 10 executed until formal approval has been granted by the Office of the State Comptroller. The contract start date is estimated to be September 1, 2026.

3.6 Method of Payment

For the purposes of this contract an invoice must be used. Each invoice must have a unique invoice number and contain the Contractor’s New York Contract ID number, PO number and PO line description and an itemization of work completed/ product delivered. Such itemization must be in accordance with the bid form. Invoices for payment shall be submitted upon completed delivery of each order on a company invoice for services satisfactorily completed.

Invoices shall be submitted to the OGS Business Services Center (BSC) Accounts Payable Unit at Accountspayable@ogs.ny.gov. 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 without the required information will be returned to Contractor to be completed as required.

Mere acknowledgement by NYSP 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 does not conform with specifications of the IFB or Contract terms and conditions, may be rejected, or accepted on an adjusted price basis at the sole discretion of the Superintendent of the NYSP.

3.7 Electronic Payment

Contractor shall provide complete and accurate billing invoices in order to receive payment. Billing invoices 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. 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. Information is available at the following website:

https://www.osc.ny.gov/state-vendors, by e-mail at ePayments@osc.state.ny.us, or by phone at 518-474-4032. 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. Please note that in conjunction with New York State’s implementation of a new Statewide financial system, the Office of the State Comptroller requires all vendors doing business with New York State agencies to complete a substitute W-9 form. Vendors registering for electronic payment can complete the W-9 form when they register. Vendors already registered for electronic payment are requested to go to the above website and complete the Substitute W-9 form and submit following the instructions provided.

3.8 Dispute Resolution

It is the policy of the NYSP to provide vendors with an opportunity to administratively resolve disputes, complaints or inquiries related to bid solicitations, contract awards, and contract administration. NYSP encourages vendors to seek resolution of disputes informally, through consultation with the NYSP staff, prior to commencing a formal dispute process.

All such matters will be accorded impartial and timely consideration.

3.9 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 NYSP. The Contractor accepts full responsibility for the actions of any employee or subcontractor who carries out any of the provisions of any Contract resulting from this IFB.

3.10 Inspection of Books

It is expressly understood and agreed that NYSP 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.

mailto:Accountspayable@ogs.ny.gov https://www.osc.ny.gov/state-vendors mailto:ePayments@osc.state.ny.us

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4. Requirements

4.1 Qualifications of Bidder

Bids will be accepted only from established manufacturers or their authorized dealers. A completed MANUFACTURER'S CERTIFICATE must be included with bid submissions.

Bidder must maintain a business establishment with adequate inventories of the products offered and must be capable of processing and shipping large numbers of orders to various destinations.

The NYSP will require the Bidder to provide documentation showing the number of years they have been active in selling the products offered.

The NYSP reserves the right to investigate or make any inquiry into the capabilities of any bidder to properly perform under any resultant contract.

4.2 Preferred Packaging Specifications

The NYSP prefers flares to be packaged individually however, groupings of up to three (3) flares will be accepted.

Note: Preference will not be given to one vendor over another based on packaging (see §3.2 Method of Award).

4.3 Delivery

Schedule: Delivery as applicable to this contract shall be expressed in number of calendar days required to make delivery after receipt of order (A/R/O). Product required herein is considered by the State as ongoing needs and shall be guaranteed by the resulting contractor and delivery shall not exceed 30 days after receipt of purchase order. From time-to-time NYSP may specify a different delivery timeframe which shall be noted on the Purchase Order. Delivery shall be made in accordance with instructions on Purchase Order from the NYSP.

4.4 Warranty

Normal wear and tear items shall be warrantied in accordance with the manufacture’s standard warranty. Where accessories are to be supplied, they must be compatible with the rest of the product. Bidder shall submit all warranties associated with any product supplied under the resultant Contract awarded from this IFB. All product warranties shall survive the termination of any resulting Contract.

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5. Contract Clauses and Requirements

5.1 Appendix A

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. Please retain this document for future reference.

5.2 Appendix B

Appendix B – General Specifications, dated April 2016, attached hereto, is hereby expressly made a part of this solicitation document as fully as if set forth at length herein and shall govern any situations not covered by this solicitation document or Appendix A. Please retain this document for future reference.

5.3 Appendix C

Appendix C – Contractors Requirements and Procedures for Participation by New York State Certified Minority and Women-Owned Business Enterprises and Equal Employment Opportunities for Minority Group Members and Women, attached hereto, is hereby expressly made a part of this solicitation document as fully as if set forth at length herein and shall govern any situations not covered by this solicitation document or Appendix A. Please retain this document for future reference.

5.4 Order of Precedence

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 (dated June 2023)

2. Contract Agreement

3. Appendix B (dated April 2016)

4. This Invitation for Bids IFB-PA02465 including any Addenda (if any)

5. Selected Contractor’s Bid, including Attachment A – Cost Proposal

5.5 SAM.gov Requirements

The winning vendor may be required to have an active registration in good standing on the federal www.SAM.gov website.

Following bid closure, if it is determined that SAM.gov registration is required by the federal funding source and the tentatively awarded bidder is not registered or will not promptly register on SAM.gov, the Authorized User reserves the right to disqualify the bidder.

5.6 National Institute of Standards and Technology (NIST)

NYSP will only procure end point devices that shall be consistent with any relevant standards, guidelines or guidance developed as part of the National Institute of Standards and Technology (NIST) Cybersecurity Framework 2.0.

5.7 Gender-Based Violence and the Workplace Requirement

State Finance Law §139-M requires bidders on competitive state procurements to certify that they have a Gender-Based Violence and the Workplace policy. The policy must meet the NYS Office for the Prevention of Domestic Violence model policy minimum standards, and the bidder must provide that policy to all its employees.

If the bidder does not have a Gender-Based Violence and the Workplace policy in place and cannot submit a certification, the bidder may provide a statement with their bid detailing the reasons why the certification cannot be made. New York State Police will determine if the justification is acceptable.

A template certification document is being provided as part of this RFP. Applicants must complete and return the certification with their bid or provide a signed statement detailing why the certification cannot be made.

The NYS Office for the Prevention of Domestic Violence provides information about this requirement and has resources available to assist in developing and implementing a Gender-Based Violence and the Workplace policy. Please visit the OPDV Gender-Based Violence and the Workplace website.

https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.sam.gov%2F&data=05%7C02%7CSHARON.PAILLEY%40troopers.ny.gov%7C6b4a694ff06e44afbdc708ddfb76f46a%7Cf46cb8ea79004d108ceb80e8c1c81ee7%7C0%7C0%7C638943210504351377%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=tAhoHoegLcfHvDXYBCvmXEwdKIJVyaEFU0e0tpKklnk%3D&reserved=0

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5.8 Procurement Lobbying Requirement

Pursuant to State Finance Law §139-j and §139-k, this Solicitation includes and imposes certain restrictions on communications between the NYSP and a Bidder during the procurement process. A Bidder is restricted from making contacts from the earliest posting, on a governmental entity’s website, in a newspaper of general circulation, or in the procurement opportunities newsletter of intent to solicit offers/bids through final award and approval of the Procurement Contract by NYSP 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, are identified on the first page of the Solicitation. NYSP employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the 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 Bidder is debarred from obtaining governmental Procurement Contracts for four years. Further information about these requirements can be found on the OGS website:

https://www.ogs.ny.gov/acpl/

5.9 Contractor Insurance Requirements

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. NYSP may, in its sole discretion, accept policies of insurance written by a nonauthorized 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.

Bidders and Contractors shall deliver to NYSP evidence of the insurance required by this IFB and any Contract resulting from this IFB in a form satisfactory to NYSP. 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 NYSP 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.

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 NYSP with a Certificate or Certificates of Insurance, in a form satisfactory to NYSP 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 entity requesting proof of coverage (certificate holder) as:

https://www.ogs.ny.gov/acpl/

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New York State Police

Certificates of Insurance shall:

• Be in the form acceptable to NYSP and in accordance with the New York State Insurance Law (e.g., an ACORD form, or and equivalent form for Liability Insurance; an ACORD form is not acceptable proof of Workers’ Compensation and Disability Benefits Insurance for NYS governmental entities);

• 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 Police, 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.

NYSP generally requires Contractors to submit only certificates of insurance and additional insured endorsements, although NYSP reserves the right to request other proof of insurance. Contractors are requested to refrain from submitting entire insurance policies, unless specifically requested by NYSP. If an entire insurance policy is submitted but not requested, NYSP 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 NYSP 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 Police, 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 Police, 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 Police, 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 NYSP. 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.

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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 NYSP, 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 NYSP or (ii) any other form of permission for the release of NYSP. 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 Police, 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 NYSP 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 nonrenewal of insurance, the Contractor shall provide NYSP 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 NYSP. 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 NYSP, the Contractor shall immediately cease work. The Contractor shall not resume work until authorized to do so by

NYSP.

13. Deadlines for Providing Insurance Documents after Renewal or Upon Request. As set forth herein, certain insurance documents must be provided to the NYSP 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 NYSP 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

IFB-PA02465 30-Minute Road Flares with Wire Stand Page 16 them to NYSP, NYSP 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 $2,000,000 each occurrence

Upon notification of award and updated in accordance with the Contract.

*While not required until notification of award selection is made, Bidders are strongly encouraged to submit with Bid Submission.

- General Aggregate* $2,000,000

- Products – Completed Operations Aggregate*

$2,000,000

- Personal and Advertising Injury* $1,000,000

Business Automobile Liability* Insurance

Not less than $2,000,000 each occurrence

Worker's Compensation With Bid Submission and updated in accordance with the Contract 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 (3) 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 NYSP. 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

IFB-PA02465 30-Minute Road Flares with Wire Stand Page 17 obtain Business Automobile Liability Insurance that meets all of the requirements of this section and provide proof of such coverage to NYSP 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…