Invitation for Bids.pdf

Invitation for Bids

IFB # - 20792

New York State Vaccine Program Supply

Issued: August 6th, 2026

PERMISSIBLE SUBJECT MATTER CONTACT:

Pursuant to State Finance Law § 139-j(3)(a), New York State Department of Health (hereinafter referred to as the “Department”) identifies the following allowable person to contact for communications related to the submission of written bids, written questions, pre-bid questions, and debriefings.

Kiersten Westbrook New York State Department of Health Division of Vaccine Excellence, Bureau of Vaccine Programs Corning Tower, Rm 678 Albany, NY 12237 Telephone: 1-800-543-7468 Email Address: nyvfc@health.ny.gov

DESIGNATED CONTACT:

Pursuant to State Finance Law §§ 139-j and 139-k, the New York State Department of Health the Department identifies the following designated person to whom all communications attempting to influence the Department’s conduct or decision regarding this procurement must be made.

Ryan VanDerVoort Bureau of Contracts New York State Department of Health Corning Tower, Room 2827 Governor Nelson A. Rockefeller Empire State Plaza Albany, New York 12237 Telephone: 518-474-7896 Email Address: ryan.vandervoort@health.ny.gov mailto:ryan.vandervoort@health.ny.gov

TABLE OF CONTENTS

(Hyperlinked; click to go directly to desired topic)

1. CALENDAR OF EVENTS

2. OVERVIEW

2.1. Introductory Background

2.2 Important Information

2.3. Term of Agreement

3. MINIMUM QUALIFICATIONS TO BID

3.1. Mandatory Qualifications

4. DETAILED SPECIFICATIONS

4.1. Estimated Quantities and Delivery Requirement

4.2. Payment

4.3. Subcontracting

4.4. Contract Insurance Requirements

4.5. Equal Employment Opportunity (“EEO”) Reporting

5. ADMINISTRATIVE INFORMATION

5.1. Restricted Period

5.2. Questions

5.3. Right to Modify IFB

5.4. The Department’s Reserved Rights

5.5. Freedom of Information Law (“FOIL”)

5.6. Debriefing

5.7. Protest Procedures

5.8. Piggybacking

6. BID FORMAT AND CONTENT

6.1. Mandatory Bid Requirements

6.1.1. Application Form

6.1.2. Bidder’s Minimum Qualifications to Bid

6.1.3 Bid Form

6.1.4 Bidder’s Certified Statements

6.2. Other Bid Documents

6.2.1. Bidder’s Disclosure of Prior Non-Responsibility Determinations

6.2.2. Vendor Responsibility Questionnaire

6.2.3. Vendor Assurance of No Conflict of Interest or Detrimental Effect

6.2.4. EO 177 Prohibiting Contracts with Entities that Support Discrimination

6.2.5. Executive Order 16 Prohibiting Contracting with Businesses Conducting Business in Russia

6.2.6. Encouraging Use of New York Businesses in Contract Performance

6.2.7. State Finance Law Consultant Disclosure Provisions

6.2.8. Sales and Compensating Use Tax Certification (Tax Law, § 5-a)

6.2.9. Freedom of Information Law – Bid Redactions

6.2.10. Gender-Based Violence and the Workplace Certification

7. BID SUBMISSION

7.1. No Bid Form

8. METHOD OF AWARD

8.1. General Information

8.2. Submission Review

8.4. Award Recommendation

9. ATTACHMENTS

10. ATTACHMENT A

BID PACKAGE CHECKLIST

11. ATTACHMENT B

Application Form

12. ATTACHMENT C

Bid Form

13. ATTACHMENT D

Bid Form Instructions

14. ATTACHMENT E

Estimated Order Volume by Vaccine Brand

1. CALENDAR OF EVENTS

IFB 20792 NEW YORK STATE VACCINE PROGRAM SUPPLY

EVENT DATE

Issuance of Invitation for Bids 8/6/2026

Deadline for Submission of Written Questions Questions Due By 8/13/2026 5:00 p.m. ET

Responses to Written Questions Posted by the Department

Responses to be Posted On or About 8/28/2026

Deadline for Submission of Bids Bids Due on Or Before Date 9/10/2026 5:00 p.m. ET

Anticipated Contract Start Date 4/1/2027

2. OVERVIEW

Through this Invitation for Bids (“IFB”), the New York State Department of Health (the “Department”) is seeking competitive bids from (a) qualified organization(s) to provide vaccines for the Children & Adult programs to ensure Child Health Plus enrollees, underinsured children, and underinsured and uninsured adults (collectively referred to as “state vaccine-eligible”) receive appropriate immunizations as further detailed in Section 4. It is the Department’s intent to award one (1) or more contracts from this procurement to ensure that all vaccines identified on the Current CDC Vaccine Price List are covered by the awarded contract(s). (The following terms may be used interchangeably for Current CDC Vaccine Price List; “CDC Price List”, “CDC Vaccine List”, “price list”, or “list”.)

2.1. Introductory Background

The New York State Department of Health, Bureau of Vaccine Programs (Bureau) is responsible for purchasing vaccines for distribution to health care providers enrolled in the Vaccines for Children Program and Vaccines for Adults Program to ensure Child Health Plus enrollees and all state vaccine-eligible persons receive appropriate immunizations.

The Bureau is soliciting bids for a (5) five-year contract(s) for the purchase and delivery of vaccines.

2.2 Important Information

The Bidder must review, and is requested to have its legal counsel review, Attachment 8, the DOH Agreement (Standard Contract), as the successful Bidder must be willing to enter into the Contract awarded pursuant to this IFB in the terms of Attachment 8, subject only to any amendments to the Standard Contract agreed by the Department during the Question and Answer Phase of this IFB (see, Section 5.2). Please note that this IFB and the awarded Bidder’s Bid will become part of the Contract as Appendix B and C, respectively.

It should be noted that Appendix A of Attachment 8, “Standard Clauses for New York State Contracts”, contains important information, terms and conditions related to the Contract to be https://www.health.ny.gov/funding/forms/attachment_8.pdf https://www.health.ny.gov/funding/forms/attachment_8.pdf entered into as a result of this IFB and will be incorporated, without change or amendment, into the Contract entered into between the Department and the successful Bidder. By submitting a response to this IFB, the Bidder agrees to comply with all the provisions of the Contract, including all of the provisions of Appendix A.

Note, Attachment 7, the Bidder’s Certified Statements, must be submitted by each Bidder and includes a statement that the Bidder accepts, without any added conditions, qualifications or exceptions, the contract terms and conditions contained in this IFB including any exhibits and attachments, including, without limitation, Attachment 8. It also includes a statement that the Bidder acknowledges that, should any alternative proposals or extraneous terms be submitted with its Bid, such alternate proposals or extraneous terms will not be evaluated by the Department.

Any qualifications or exceptions proposed by a Bidder to this IFB should be submitted in writing using the process set forth in Section 5.2 (Questions) prior to the deadline for submission of written questions indicated in Section 1. (Calendar of Events). Any such qualifications or exceptions that are not proposed prior to the deadline for the submission of written questions will not be considered by the Department after contract award. Any amendments the Department makes to the IFB as a result of questions and answers will be publicized on the Department’s web site and will be available and applicable to all Bidders equally.

2.3. Term of Agreement

The term of the Contract that will be entered into pursuant to this IFB between the Department and the successful Bidder is expected to be for a period of five (5) years commencing on the date shown on the Calendar of Events in Section 1, subject to the availability of sufficient funding, successful Contractor performance, and approvals from the New York State Attorney General (AG) and the Office of the State Comptroller (OSC).

3. MINIMUM QUALIFICATIONS TO BID

3.1. Mandatory Qualifications

The Department will accept Bid proposals from Bidders with the following type(s) and level(s) of experience as a prime contractor:

1. Bidder must have (3) three years’ experience providing vaccines listed on the Center for Disease Control and Prevention (CDC) vaccine list.

2. Bidder must have (3) three years’ experience handling and distributing vaccine following vaccine cold-chain requirements, including temperature monitoring.

For the purposes of this IFB, a “prime contractor” is defined as one who, in relation to a given project, job or product, has the contract with the owner of a project or job, or entity procuring the product, and has full responsibility for the successful completion or delivery of the project or job or product pursuant to the terms of the contract.

Failure to meet these Minimum Qualifications will result in a Bid being found non-responsive and eliminated from consideration.

https://www.health.ny.gov/funding/forms/attachment_7.pdf

4. DETAILED SPECIFICATIONS

This Section describes the vaccine services that are required to be provided by the successful Bidder(s). All Vaccines supplied by the Bidder(s), under any resulting agreement, must be approved by the Food and Drug Administration (FDA).

PLEASE NOTE: To be considered responsive, a Bidder will be required to provide responses that address all of the requirements of this IFB as part of its Bid.

For purposes of this IFB, the terms “shall”, “must” and “will” are used interchangeably when describing the requirements for a Bidder’s responsive Bid or the Contractor’s duties under the Contract to be entered into between the Department and the successful Bidder.

4.1. Estimated Quantities and Delivery Requirement

Each Vendor selected must:

1. Be able to provide one or more vaccine(s) listed on CDC Vaccine Price List at a price(s) not to exceed the current CDC cost per dose at time of order. The CDC Vaccine Price List can be found at https://www.cdc.gov/vaccines-for-children/php/awardees/current-cdc-vaccine-price-list.html

2. Be capable of providing the annual quantities of pediatric and adult vaccines, by brand, as identified in Attachment E: Estimated Order Volume by Vaccine Brand. These figures represent historical utilization, and actual order quantities may vary.

3. Be able to provide vaccines with a minimum expiration date of twelve (12) months from the date received by New York State at the McKesson warehouse, with the exception of seasonal influenza and COVID-19 vaccines.

4. Deliver vaccine(s), with the exception of those described in section (a) below, within (15) calendar days from date of order to:

New York State McKesson Warehouse 170 Clermont Rd.

Shepherdsville, KY 40165

Packing slip must include the following with each delivery:

National Drug Code (NDC) Number; and Lot Number; and Batch Number; and Expiration Date; and Number of Doses Ordered; and Name of purchaser (New York State); and Vaccine Tracking System (VTrckS) PO Number submitted with the purchase order;

and Shipment date.

Changes in shipping address must be accommodated within 30 days of written notice from the Department.

a) Due to cold-chain requirements, awarded bidders of Varivax, Proquad, and/or

Comirnaty must be able to facilitate shipment directly from the manufacturer, to up to 3,000 provider addresses, throughout New York State, within (15) business days from https://www.cdc.gov/vaccines-for-children/php/awardees/current-cdc-vaccine-price-list.html https://www.cdc.gov/vaccines-for-children/php/awardees/current-cdc-vaccine-price-list.html the date of order. The addresses of these providers will be provided via a .csv or .xls file. Billing must be to NYS Department of Health, not the shipment location.

5. Bidders may elect to provide future vaccines that are added to the Current CDC Vaccine Price List and are encouraged to do so. To be eligible to make this election, the bidder must bid on at least one vaccine that is currently included on the CDC price list. Agreeing to provide future vaccines allows awardees to add vaccines to their contract in line with updates to the CDC price list and enables the Department to promptly respond to the evolving vaccine needs of NYS.

In the event a vaccine is added to the price list during the contract term, the Department will contact the awardee and inquire whether they are willing to provide the specific vaccine.

Because the type of future vaccines and their prices are unknown at the time of bid, awardees may accept or decline each future vaccine individually. If a bidder does not indicate they are willing to offer future vaccines on their Attachment C: Bid Form, they will not be able to add vaccines during the contract term.

If a bidder chooses this option and accepts the Department’s request to provide the future vaccine, they must be able to ship within thirty (30) calendar days’ notice. (i.e.

mNEXSPIKE® and Nuvaxovid™ are added to the list in 2027)

No annual or order minimums are guaranteed. Contract(s) will be awarded to all qualified bidder(s) that can provide one or more of the vaccines listed on the CDC vaccine price list.

4.2. Payment

Payment of invoices and/or vouchers submitted by the successful Bidder pursuant to the terms of the Contract entered into pursuant to this IFB by the Department shall be made in accordance with Article XI-A of the New York State Finance Law. Payment terms will be:

Payment terms will be thirty (30) calendar days from date of shipment. Inspection/acceptance by the CDC distributor will be completed within (24) hours of receipt of product. All deliveries of goods procured will be F.O.B. destination. The Contractor shall submit invoices and/or Claim for Payment to the State’s designated payment office:

Preferred Method: Email a .pdf copy of your signed Claim for Payment to the Business Service Center (BSC) at: AccountsPayable@ogs.ny.gov and cc to your Contract Manager with a subject field as follows:

Subject: Unit 3450249; Contract Number C0XXXXX

Alternate Method: Mail signed, original Claim for Payment at the following U.S. postal address:

NYS Department of Health Unit ID 3450249; Contract Number C0XXXXX c/o NYS OGS BSC Accounts Payable Building 5, 5th Floor 1220 Washington Ave.

Albany, NY 12226-1900

Payment for invoices and/or vouchers submitted by the CONTRACTOR(s) shall only be rendered electronically unless payment by paper check is expressly authorized by the Commissioner, in the Commissioner's sole discretion, due to extenuating circumstances. Such electronic payment shall be made in accordance with ordinary State procedures and practices. The CONTRACTOR shall mailto:AccountsPayable@ogs.ny.gov comply with the State Comptroller's procedures to authorize electronic payments. Authorization forms are available at the State Comptroller's website at www.osc.state.ny.us/epay/index.htm, by email at epayments@osc.state.ny.us or by telephone at 518-474-6019. CONTRACTOR acknowledges that it will not receive payment on any invoices and/or vouchers submitted under this Contract if it does not comply with the State Comptroller's electronic payment procedures, except where the Commissioner has expressly authorized payment by paper check as set forth above.

In addition to the Electronic Payment Authorization Form, a Substitute Form W-9 must be on file with the Office of the State Comptroller, Bureau of Accounting Operations. Additional information and procedures for enrollment can be found at http://www.osc.state.ny.us/epay. Completed W-9 forms should be submitted to the following address:

NYS Office of the State Comptroller Bureau of Accounting Operations Warrant & Payment Control Unit 110 State Street, 9th Floor Albany, NY 12236

Price Adjustment Clause

Pricing changes will be equivalent to changes in pricing reflected on the Current CDC Vaccine Price List. https://www.cdc.gov/vaccines-for-children/php/awardees/current-cdc-vaccine-price-list.html

4.3. Subcontracting

Bidders may not propose the use of a subcontractor

4.4. Contract Insurance Requirements

Prior to the start of work under this Contract, the Contractor shall procure, at its sole cost and expense, and shall maintain in force at all times during the term of this Contract, insurance of the types and in the amounts set forth in Attachment 8, the New York State Department of Health Appendix, Section IV. Contract Insurance Requirements as well as below.

4.5. Equal Employment Opportunity (“EEO”) Reporting

By submission of a bid in response to this solicitation, the Bidder agrees with all of the terms and conditions of Attachment 8, Appendix A, including Clause 12 - Equal Employment Opportunities for Minorities and Women. Additionally, the successful bidder will be required to certify they have an acceptable Equal Employment Opportunity (“EEO”) policy statement in accordance with Section III of Appendix M in Attachment 8.

Further, pursuant to Article 15 of the Executive Law (the “Human Rights Law”), 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 (religion), 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.

The Contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 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 https://www.osc.state.ny.us/epay/index.htm mailto:epayments@osc.state.ny.us http://www.osc.state.ny.us/epay.

https://www.cdc.gov/vaccines-for-children/php/awardees/current-cdc-vaccine-price-list.html https://www.cdc.gov/vaccines-for-children/php/awardees/current-cdc-vaccine-price-list.html https://www.health.ny.gov/funding/forms/attachment_8.pdf use of the Contractor, 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 Contract; or (ii) employment outside New York State.

To ensure compliance with this Section, the Bidder should submit, with the bid or proposal, an Equal Employment Opportunity Staffing Plan (Attachment 5, Form #4) identifying the anticipated work force to be utilized on the Contract. Additionally, the Bidder should submit a Minority and Women-Owned Business Enterprises and Equal Employment Opportunity Policy Statement (Attachment 5, Form # 5), to the Department with their bid.

5. ADMINISTRATIVE INFORMATION

The following administrative requirements, terms and information will apply to this IFB. Failure to comply fully with any of these requirements or terms, or this information, may result in disqualification of a Bidder’s Bid.

5.1. Restricted Period

“Restricted Period” means the period of time (a) commencing with the earliest written notice, advertisement, or solicitation of this Invitation for Bids, soliciting a response from Bidders and intending to result in a procurement contract with the Department and (b) ending with the final Contract award and approval by the Office of the State Comptroller.

Pursuant to State Finance Law Sections 139-j and 139-k, the Department has identified a “Designated Contact” and a “Permissible Subject Matter Contact” on the Face Page of this IFB to whom all communications with regard to this procurement during the Restricted Period must be made.

During the Restricted Period of this IFB, any oral, written, or electronic communication between a potential Bidder and the Department, except communications between a potential Bidder and the Designated Contact or the Permissible Subject Matter Contact specified on the Cover Page of this IFB, under circumstances where a reasonable person would infer that the communication was intended to influence this procurement, is prohibited by law. The violation of the requirements described in this Section may be grounds for a determination that a Bidder is non-responsible and therefore ineligible for a contract award pursuant to this IFB. Two violations within four years of the rules against impermissible contacts during a “Restricted Period” may result in the violator being debarred from participating in all procurements by New York State agencies and authorities for a period of four years.

5.2. Questions

Potential Bidders may submit written questions and requests for clarification pertaining to this IFB between the issuance of this IFB and the deadline for the submission of written questions specified in Section 1 (Calendar of Events). All questions and requests for clarification of this IFB should cite the relevant IFB, including the IFB number and title New York State Vaccine Supply IFB #20792, the section and paragraph number of this IFB or of the Attachment to this IFB to which the question relates, where applicable, and must be submitted via email to nyvfc@health.ny.gov no later than the Deadline for Submission of Written Questions specified in Section 1. (Calendar of Events). Questions received after the deadline may not be answered.

https://www.health.ny.gov/funding/forms/attachment_5.pdf https://www.health.ny.gov/funding/forms/attachment_5.pdf mailto:nyvfc@health.ny.gov

If a potential Bidder discovers any ambiguity, conflict, discrepancy, omission, or other apparent error in this IFB, the Bidder shall immediately notify the Department of such error in writing at nyvfc@health.ny.gov and request that the Department clarify or modify the Terms of this IFB. If, prior to the deadline for the Submission of Bids, a Bidder fails to notify the Department of a known error or an error that reasonably should have been known, the Bidder shall assume the risk of bidding notwithstanding such apparent ambiguity, conflict, discrepancy, omission or other error. If awarded the Contract pursuant to the terms of this IFB, the Bidder shall not be entitled to an amendment to the terms of the Contract to correct or clarify any such ambiguity, conflict, discrepancy, omission or other error nor to any additional compensation by reason of the error or its correction.

5.3. Right to Modify IFB

The Department reserves the right to modify any part of this IFB, including, but not limited to, the date and time by which Bids must be submitted and received by the Department, at any time prior to the Deadline for Submission of Bids specified in Section 1. (Calendar of Events). Modifications to this IFB shall be made by the issuance of amendments and/or addenda, which will be posted to the Department’s website.

5.4. The Department’s Reserved Rights

The Department reserves the right to:

1. Reject any or all bids received in response to the IFB.

2. Withdraw the IFB at any time, at the Department’s sole discretion.

3. Make an award under the IFB in whole or in part.

4. Disqualify any Bidder whose conduct and/or Bid fails to conform to the requirements of the IFB.

5. Seek clarifications and revisions of Bids.

6. Use Bid 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 Department’s or any other State agency’s request for clarifying information in the course of evaluation and/or selection under the IFB.

7. Prior to the bid opening, amend the IFB specifications to correct errors or oversights, or to supply additional information, as it becomes available.

8. Prior to the bid opening, direct Bidders to submit bid modifications addressing subsequent IFB amendments.

9. Change any of the scheduled dates set forth in Section 1. (Calendar of Events).

10. Eliminate any mandatory, non-material specifications that none of the prospective Bidders can comply with.

11. Waive any requirements that are not material.

12. Negotiate with the successful Bidder within the terms of the IFB, including the attachments and exhibits, if any, to this IFB, and any amendments or addenda to the IFB, and the Questions and Answers, if any, posted by the Department in accordance with Section 5.2 (Questions), in the best interests of the State.

13. Conduct contract negotiations with the next responsible Bidder, should the Department be unsuccessful in negotiating with the selected Bidder.

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

15. Every offer made by a Bidder pursuant to the terms of the Bid it submits shall be firm and not revocable for a period of three hundred and sixty-five days (365) from the bid opening to the extent not inconsistent with Section 2-205 of the uniform commercial code. Subsequent to such three hundred and sixty- five days (365), any offer is subject to withdrawal communicated in a writing signed by the Bidder.

16. 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 mailto:nyvfc@health.ny.gov understanding of a Bidder’s Bid and/or to determine a Bidder’s compliance with the requirements of the solicitation.

5.5. Freedom of Information Law (“FOIL”)

All Bids may be disclosed or used by the Department to the extent permitted by law. The Department may disclose a Bid to any person for the purpose of assisting in evaluating the Bid or for any other lawful purpose. All Bids will become State agency records, which will be available to the public in accordance with the New York State Freedom of Information Law. Any portion of the Bid that a Bidder believes constitutes proprietary information entitled to confidential handling, as an exception to the Freedom of Information Law, must be clearly and specifically designated in the Bid. If the Department agrees with the proprietary claim, the designated portion of the Bidder’s Bid will be withheld from public disclosure. Blanket assertions of proprietary material will not be accepted, and failure to specifically designate proprietary material may be deemed a waiver of any right to confidential handling of such material.

5.6. Debriefing

Pursuant to Section 163(9)(c) of the State Finance Law, once an award has been made, any unsuccessful bidder may request a debriefing regarding the reasons that the proposal or bid submitted by the Bidder was not selected for award. The debriefing will be limited solely to the Bidder’s own Bid and will not include any discussion of other bids. Requests for a debriefing must be made within fifteen (15) calendar days of release of the written or electronic notice by the Department that the Bid submitted by the Bidder was not selected for award. Requests should be submitted in writing to a designated contact identified in the award/non-award letter.

5.7. Protest Procedures

In the event an unsuccessful Bidder wishes to protest the award resulting from this IFB, the protesting Bidder must follow the protest procedures established by the Office of the State Comptroller (OSC).

These procedures can be found in Chapter XI Section 17 of the OSC’s Guide to Financial Operations, which is available on-line at: http://www.osc.state.ny.us/agencies/guide/MyWebHelp/

5.8. Piggybacking

New York State Finance Law Section 163(10)(e) (see, also, https://ogs.ny.gov/procurement/piggybacking-using-other-existing-contracts-0) allows the Commissioner of the NYS Office of General Services (OGS) to consent to the use of a Contract entered into pursuant to this IFB by other New York State Agencies, and other authorized purchasers, subject to conditions and the consent of the successful Bidder/Contractor.

6. BID FORMAT AND CONTENT

Bidders responding to this IFB must satisfy all requirements stated in this IFB. A Bidder must submit a complete Bid package. A Bid that is incomplete in any material respect must be rejected.

To expedite the review by the Department of the Bids submitted in response to this IFB, Bidders are requested to submit their Bids as summarized in Attachment A, Bid Package Checklist. This separation of information will facilitate the review of the material requested. No information beyond that specifically requested is required, and Bidders are requested to keep their Bid submissions to the shortest length consistent with making a complete presentation of qualifications and a complete and concise response to each component of the IFB.

http://www.osc.state.ny.us/agencies/guide/MyWebHelp/ https://ogs.ny.gov/procurement/piggybacking-using-other-existing-contracts-0

The Department will not be responsible for expenses incurred in preparing and submitting the Bid Packages. Such costs should not be included in the Bid.

6.1. Mandatory Bid Requirements

The purpose of the Mandatory Bid Requirements is to demonstrate the qualifications, competence, and capacity of the Bidder to provide the commodity or services sought to be procured by the Department pursuant to this IFB. The following outlines the required information to be provided by each responsive Bidder. The information requested must be provided in the prescribed format.

Responses that do not follow the prescribed format will be eliminated from consideration. All responses included in a Bid submitted pursuant to this IFB by a Bidder are subject to verification for accuracy.

6.1.1. Application Form

Submit a completed and signed Attachment B - Application Form.

6.1.2. Bidder’s Minimum Qualifications to Bid

A responsive Bidder must be able to meet all the requirements stated in Section 3.1 of this IFB. The Bidder must submit documentation that provides sufficient evidence of meeting the minimum qualifications to bid. This documentation may be in any format needed to demonstrate how they meet those minimum qualifications.

6.1.3 Bid Form

A responsive Bidder must submit a completed and signed Attachment C – Bid Form. Please use Attachment D Bid Form Instructions to complete the Bid Form. The Bid Form must comply with the format and content requirements as detailed in this IFB and in Attachment B. Failure to comply with the format and content requirements will result in disqualification.

The bid prices must cover the cost of furnishing all of the said products or services specified in this IFB, including, but not limited to, materials, equipment, profit and labor to the satisfaction of the Department and the performance of all work set forth in the specifications for this procurement set forth in this IFB and in the Contract to be awarded pursuant to this IFB to the successful Bidder.

Please be advised that the CDC Cost/Dose and any guaranteed price entered in column G include the Federal Excise Tax (FET). FET of $0.75 per disease component applies to vaccines covered by the National Vaccine Injury Compensation Program. Amount of FET applied is referenced in the footnotes of the CDC Vaccine Price List.

Bidders must indicate a pricing election for all vaccines they intend to supply to the Department, exactly as listed in the Bid Form - Attachment C. Bids which add alternative products, quantities or sizes will be disqualified.

6.1.4 Bidder’s Certified Statements

Complete, sign and submit Attachment 7, “Bidder’s Certified Statements”, which includes information regarding the Bidder. Attachment 7 must be signed by an individual authorized to bind the Bidder contractually. Please indicate the title or position that the signer holds with the Bidder.

Note: THE DEPARTMENT MAY REJECT AND FIND UNRESPONSIVE ANY BID THAT CONTAINS AN INCOMPLETE, UNSIGNED OR IS MISSING Attachment 7.

6.2. Other Bid Documents

6.2.1. Bidder’s Disclosure of Prior Non-Responsibility Determinations

Submit a completed and signed Attachment 1, “Bidder’s Disclosure of Prior Non-Responsibility Determinations”.

6.2.2. Vendor Responsibility Questionnaire

Complete, certify, and file a New York State Vendor Responsibility Questionnaire. The Department recommends that Bidders file the required Vendor Responsibility Questionnaire online via the New York State VendRep System. To enroll in and use the New York State VendRep System, see the VendRep System Instructions at http://www.osc.state.ny.us/vendrep/info_vrsystem.htm or go directly to the VendRep System online at www.osc.state.ny.us/vendrep.

Bidders must provide their New York State Vendor Identification Number (Vendor ID) when enrolling. To request assignment of a Vendor ID or for VendRep System assistance, contact the Office of the State Comptroller (OSC)’s Help Desk at 866-370-4672 or 518-408-4672 or by email at ciohelpdesk@osc.state.ny.us.

Bidders opting to complete and submit a paper questionnaire can obtain the appropriate questionnaire from the VendRep website, www.osc.state.ny.us/vendrep, or may contact the OSC’s Help Desk for a copy of the paper form. Bidders should complete and submit the Vendor Responsibility Attestation, Attachment 3.

6.2.3. Vendor Assurance of No Conflict of Interest or Detrimental Effect

Submit Attachment 4, Vendor’s Assurance of No Conflict of Interest or Detrimental Effect, which includes information regarding the Bidder, members, shareholders, parents, affiliates and subcontractors. Attachment 4 must be signed by an individual authorized to bind the Bidder contractually.

6.2.4. EO 177 Prohibiting Contracts with Entities that Support Discrimination

Submit Attachment 11, certifying that Bidder does not 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 status under the New York State Human Rights Law.

6.2.5. Executive Order 16 Prohibiting Contracting with Businesses Conducting Business in Russia

Submit Attachment 12, certifying the status of the Bidder’s business operations in Russia, if any, as mandated by Executive Order 16.

6.2.6. Encouraging Use of New York Businesses in Contract Performance

Submit Attachment 6 “Encouraging Use of New York State Businesses in Contract Performance” to indicate which New York State Businesses, if any, the Bidder will use in the performance of the Contract to be awarded to the successful Bidder.

https://www.health.ny.gov/funding/forms/attachment_1.pdf http://www.osc.state.ny.us/vendrep/info_vrsystem.htm http://www.osc.state.ny.us/vendrep mailto:ciohelpdesk@osc.state.ny.us http://www.osc.state.ny.us/vendrep https://www.health.ny.gov/funding/forms/attachment_3.pdf https://www.health.ny.gov/funding/forms/attachment_4.pdf https://www.health.ny.gov/funding/forms/attachment_4.pdf https://www.health.ny.gov/funding/forms/attachment_11.pdf https://www.health.ny.gov/funding/forms/attachment_12.pdf https://www.health.ny.gov/funding/forms/attachment_6.pdf

6.2.7. State Finance Law Consultant Disclosure Provisions

In accordance with New York State Finance Law Section 163(4)(g), State agencies must require all Contractors, including subcontractors, that provide consulting services for State purposes pursuant to a contract to submit an annual employment report for each such contract.

The successful bidder for procurements involving consultant services must complete a "State Consultant Services Form A, Contractor's Planned Employment from Contract Start Date through End of Contract Term" in order to be eligible for a contract.

The successful bidder must also agree to complete a "State Consultant Services Form B, Contractor's Annual Employment Report" for each state fiscal year included in the resulting contract. This report must be submitted annually to the Department of Health, the Office of the State Comptroller, and Department of Civil Service.

Submit State Consultant Services Form A: Contractor’s Planned Employment and Form B:

Contractor’s Annual Employment Report, available at:

http://www.osc.state.ny.us/agencies/forms/ac3271s.doc and http://www.osc.state.ny.us/agencies/forms/ac3272s.doc.

6.2.8. Sales and Compensating Use Tax Certification (Tax Law, § 5-a)

Section 5-a of the Tax Law, as amended, effective April 26, 2006, requires certain Contractors awarded state contracts for commodities, services and technology valued at more than $100,000 to certify to the Department of Tax and Finance (DTF) that they are registered to collect New York State and local sales and compensating use taxes. The law applies to contracts where the total amount of such contractors’ sales delivered into New York State are in excess of $300,000 for the four quarterly periods immediately preceding the quarterly period in which the certification is made, and with respect to any affiliates and subcontractors whose sales delivered into New York State exceeded $300,000 for the four quarterly periods immediately preceding the quarterly period in which the certification is made.

This law imposes upon certain contractors the obligation to certify whether or not the contractor, its affiliates, and its subcontractors are required to register to collect state sales and compensating use tax and contractors must certify to DTF that each affiliate and subcontractor exceeding such sales threshold is registered with DTF to collect New York State and local sales and compensating use taxes. The law prohibits the State Comptroller, or other approving agencies, from approving a contract awarded to an offeror meeting the registration requirements but who is not so registered in accordance with the law.

The successful Bidder must file a properly completed Form ST-220-CA with the Department of Health and Form ST-220-TD with the DTF. These requirements must be met before a contract may take effect. Further information can be found at the New York State Department of Taxation and Finance’s website, available through this link:

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

Submit these Forms, available through these links:

• ST-220 CA: http://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf

• ST-220 TD: http://www.tax.ny.gov/pdf/current_forms/st/st220td_fill_in.pdf

6.2.9. Freedom of Information Law – Bid Redactions

http://www.osc.state.ny.us/agencies/forms/ac3271s.doc http://www.osc.state.ny.us/agencies/forms/ac3272s.doc http://www.tax.ny.gov/pdf/publications/sales/pub223.pdf http://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf http://www.tax.ny.gov/pdf/current_forms/st/st220td_fill_in.pdf

A Bidder must clearly and specifically identify any portion of their Bid that the Bidder believes constitutes proprietary information entitled to confidential handling as an exception to the Freedom of Information Law.

6.2.10. Gender-Based Violence and the Workplace Certification

New York State Finance Law §139-M requires bidders on competitive state procurements to certify that they have a written policy addressing gender-based violence and the workplace and that such policy meets the minimum requirements outlined on Attachment 14. Bidders should review, sign, date and include as part of their submission Attachment 14.

7. BID SUBMISSION

The proposal must be received by the Department, no later than the Deadline for Submission of Proposals specified in Section 1. (Calendar of Events). Late bids will not be considered.

A proposal consists of two (2) distinct parts: (1) the Mandatory Bid Requirements and (2) Other Bid Documents. The table below outlines the requested format and volume for submission of each part. Proposals should be submitted in all formats as prescribed below.

The proposal must be received electronically by the Department’s email, nyvfc@health.ny.gov via two (2) separate searchable password protected PDF files. The Subject Line “IFB #20792 New York State Vaccine Program Supply (Mandatory Bid Requirements) or (Other Bid Documents).

The body of the email submitted must include the password and indicate the number of total pages intended, and where indicated each subset of pages listed.

All electronic proposal submissions should be clear and include page numbers on the bottom of each page. NOTE: Bidders should request a receipt containing the time and date received.

Submission of proposals in a manner other than as described in these instructions (e.g., fax) will not be accepted.

In the event an electronic submission cannot be read by the Department, the Department reserves the right to request a hard copy and/or electronic resubmission of any unreadable files. The Bidder shall have two (2) business days to respond to such requests and must certify the resubmission is identical to the original submission. Hardcopy will prevail.

Electronic Submission Mandatory Bid Documents Email Subject Line: <Bidder Name>, IFB #20792 New York

State Vaccine Program Supply

“Mandatory Bid Documents” email attachment containing a standard searchable password protected PDF file with copy/read permissions only.

The body of the email must include the password to open the attached PDF document and indicate the number of total pages intended.

Other Bid Documents Email Subject Line: <Bidder Name>, IFB #20792 New York State Vaccine Program Supply “Other Bid Documents” email attachment containing a standard searchable password protected PDF file with copy/read permissions only.

https://www.nysenate.gov/legislation/laws/STF/139-M https://www.health.ny.gov/funding/forms/att14.pdf

The body of the email must include the password to open the attached PDF document and indicate the number of total pages intended.

Email PDF Submission Instructions:

1. All electronic bid submissions should be in PDF Optical Character Recognition (OCR) searchable format.

2. A font size of eleven (11) points or larger should be used. All submitted documents should contain appropriate header and footer information.

3. Where signatures are required, the proposals should have a handwritten signature (wet ink) and be signed in blue ink. A scan of the handwritten (wet ink) signature can be used for electronic submission in the PDF. The Department reserves the right to request hard copy originals of all signature pages at any time.

4. The Department discourages overly lengthy Bids. Therefore, marketing brochures, user manuals or other materials beyond that sufficient to present a complete Bid, are not desired and will not be reviewed or evaluated. Elaborate artwork or expensive paper is not necessary or desired. In order for the Department to evaluate bids fairly and completely, all Bids should follow the format described in this IFB and provide all requested information and no extraneous or additional information or material.

5. Audio and/or videotapes are not allowed. Any submitted audio or videotapes will be ignored by the evaluation teams.

The complete bid must be received by the Department, no later than the Deadline for Submission of Bids specified in Section 1., (Calendar of Events). Late bids will not be considered.

7.1. No Bid Form

A prospective Bidder choosing not to bid is requested to complete and submit the No-Bid form Attachment 2, by the Deadline for Submission of Bids specified in Section 1. (Calendar of Events).

This information helps to enhance future mailing lists for the Department.

8. METHOD OF AWARD

At the discretion of the Department, all Bids may be rejected. The Department will award (1) one or more contract(s) as described in this IFB to all responsible and responsive Bidders. The intent is to ensure that all vaccines identified on the CDC Vaccine Price List are covered by the awarded contract(s).

In the event two or more Bidders offer identical bid prices on the same CDC Price List line item, the tied bidders will be given the opportunity to provide their best and final bid price to the Department, and, after evaluation of these revised bids, the award will be made to both bidders, with individual order precedence going to the lowest bidder. If the best and final bid prices remain identical, the Department reserves the right to place orders with either or both awarded bidders, at its discretion.

8.1. General Information

Once a successful Bidder(s) is selected, the Department will issue a Contract to the successful Bidder(s), substantially in the form of Attachment 8. In order to be considered responsible and responsive, the Bid must include all Invitation for Bid (IFB) required documents and meet the minimum qualifications as stated in the IFB.

https://www.health.ny.gov/funding/forms/attachment_2.pdf

Bidders may be requested by the Department to clarify the details of their Bid. Unless requested by the Department to do so, no Bidder will be allowed to alter its Bid after the Deadline for Submission of Proposals listed in Section 1. (Calendar of Events).

8.2. Submission Review

The Department will examine all Bids that are received in a proper and timely manner. The Bid containing the lowest total price offered will be further evaluated to determine if it meets all bid submission requirements, as described in Section 6. (Bid Format and Content) and Section 7. (Bid Submission) for award. That process will be followed until an award is made.

8.4. Award Recommendation

The Evaluation Committee will submit to the Commissioner a recommendation for award to the responsible and responsive Bidder with the lowest total bid.

The Department will notify the awarded Bidder and Bidders not awarded. The awarded Bidder will enter into a written Agreement substantially in accordance with the terms of Attachment 8, DOH Agreement, to provide the required services or commodities as specified in this IFB. The resultant contract shall not be binding until fully executed and approved by the New York State Office of the Attorney General and the Office of the State Comptroller.

9. ATTACHMENTS

The following attachments are included in this IFB and are available via hyperlink or can be found at: https://www.health.ny.gov/funding/forms/.

1. Bidder’s Disclosure of Prior Non-Responsibility Determinations

2. No-Bid Form

3. Vendor Responsibility Attestation

4. Vendor Assurance of No Conflict of Interest or Detrimental Effect

5. Guide to New York State DOH M/WBE IFB Required Forms

6. Encouraging Use of New York Businesses in Contract Performance

7. Bidder’s Certified Statements

8. DOH Agreement (Standard Contract)

11. Executive Order 177 Prohibiting Contracts with Entities that Support Discrimination

12. Executive Order 16 Prohibiting Contracting with Businesses Conducting Business in

Russia

13. Attachment 14 - State Finance Law 139M Attestation Gender Based Violence

The following attachments are attached and included in this IFB:

A. Bid Package Checklist B. Application Form C. Bid Form (Excel) D. Bid Form Instructions E. Estimated Order Volume by Vaccine Brand https://www.health.ny.gov/funding/forms/ https://www.health.ny.gov/funding/forms/attachment_1.pdf https://www.health.ny.gov/funding/forms/attachment_2.pdf https://www.health.ny.gov/funding/forms/attachment_3.pdf https://www.health.ny.gov/funding/forms/attachment_4.pdf https://www.health.ny.gov/funding/forms/attachment_5.pdf https://www.health.ny.gov/funding/forms/attachment_6.pdf https://www.health.ny.gov/funding/forms/attachment_7.pdf https://www.health.ny.gov/funding/forms/attachment_8.pdf https://www.health.ny.gov/funding/forms/attachment_11.pdf

10. ATTACHMENT A

BID PACKAGE CHECKLIST

Please reference Section 7 for the appropriate format and quantities for proposal submission.

IFB # 20792 – New York State Vaccine Program Supply

FOR THE MANDATORY BID REQUIREMENTS

IFB § REQUIREMENTS INCLUDED

§ 6.1.1 Application Form (Attachment B) ☐

§ 6.1.2 Documentation of Bidder’s Eligibility ☐

§ 6.1.3 Bid Form - Excel (Attachment C) ☐

§ 6.1.4 Bidder’s Certified Statements (Attachment 7) ☐

OTHER BID DOCUMENTS

§ 6.2.1 Disclosure of Prior Non-Responsibility Determinations (Attachment 1) ☐

§ 6.2.2 Vendor Responsibility Attestation (Attachment 3) ☐

§ 6.2.3 Vendor Assurance of No Conflict of Interest or Detrimental Effect (Attachment 4) ☐

§ 6.2.4 EO 177 Prohibiting Contracts with Entities that Support Discrimination (Attachment 11) ☐

§ 6.2.5 EO 16 Prohibiting Contracts with Entities Conducting Business in Russia (Attachment 12) ☐

§ 6.2.6 Encouraging Use of New York Businesses (Attachment 6) ☐

§ 6.2.7 State Finance Law Consultant Disclosure ☐

§ 6.2.8 Sales and Compensating Use Tax Certification ☐

§ 6.2.9 FOIL ☐

§ 6.2.10 Gender-Based Violence and the Workplace Certification (Attach 14) ☐

11. ATTACHMENT B

Application Form

NEW YORK STATE DEPARTMENT OF HEALTH

Pediatric and Adult Vaccine Purchase

Attachment B – Application Form

1. APPLICANT INFORMATION

Applicant Organization/Agency Name: ___________________________________________

Main Address: ________________________________________________________________

City: ______________________ State: ________________ ZIP code: ____________________

Name and Title of Contact Persons:

Primary Contact: _______________________________________________________

Telephone: (____) ___________________ E-Mail: ____________________________

Secondary Contact: _____________________________________________________

Telephone: (____) ___________________ E-Mail: _____________________________

2. ELIGIBILITY CRITERIA

YES | NO Able to provide one or more vaccine(s) listed on CDC Vaccine Price List at a price(s) not to exceed the current CDC cost per dose at time of order. (https://www.cdc.gov/vaccines-for-children/php/awardees/current-cdc-vaccine-price-list.html)

YES | NO

YES | NO

Capable of providing the annual quantities of pediatric and adult vaccines, by brand, as identified in Attachment E: Estimated Order Volume by Vaccine Brand.

Able to deliver to the McKesson warehouse at:

170 Clermont Rd.

Shepherdsville, KY 40165

YES | NO Able to deliver within fifteen (15) calendar days from the date of purchase order.

YES | NO Able to provide vaccines with a minimum expiration date of twelve (12) months from the date received by New York State at the McKesson warehouse, with the exception of seasonal influenza and COVID-19 vaccines.

YES | NO Able to include the following items on the enclosed packing slip with…