RFB-OC133-25 2025 Mini Excavator.pdf

ORANGE COUNTY, NEW YORK

Department of General Services PO Box 218, 255-275 Main St.

Goshen, New York 10924

RFB TITLE: 2025 Mini Excavator RFB-OC133-25

RFB PO Shell 7/2024

2025 MINI EXCAVATOR

PO Box 218, 255-275 Main St.

Goshen, New York 10924

TABLE OF CONTENTS

NOTICE TO BIDDERS

INSTRUCTIONS TO BIDDERS

BONDING REQUIREMENTS

PURCHASES BY OTHER LOCAL GOVERNMENTS AND SCHOOL DISTRICTS

SCOPE AND SPECIFICATIONS

ASSIGNMENT AND SUBCONTRACTING

TERM

PRICING

PAYMENT

SUBMISSION OF BIDS

ADDITIONAL INFORMATION, INTERVIEW & SITE VISITS

BASIS OF AWARD

ANTICIPATED RFB TIMELINE

BID FORM

QUESTIONS

NON-COLLUSION CERTIFICATION

DISCLOSURE OF NON-RESPONSIBILITY DETERMINATIONS

IRAN DIVESTMENT ACT CERTIFICATION

INFORMATION SHEET

NON-BIDDER’S RESPONSE

APPENDIX (Each document listed below is provided as a separate attachment to this RFB.)

SUPPLIER FORMS

ORANGE COUNTY, NEW YORK PURCHASE ORDER, INSTRUCTIONS TO SUPPLIER AND GENERAL TERMS

AND CONDITIONS

ACH FORM

PO Box 218, 255-275 Main St.

Goshen, New York 10924

NOTICE TO BIDDERS

Bids for the County of Orange RFB-OC133-25 2025 Mini Excavator will be received by the undersigned Commissioner of the Department of General Services, in her office at 255-275 Main St., Goshen, NY 10924, up to and including Wednesday, October 22, 2025 at 3:00 P.M., prevailing time, when they shall be opened and read aloud.

Copies of the Request for Bids may be obtained beginning Wednesday, October 1, 2025 at the above address between the hours of 9:00 A.M. and 4:45 P.M., Monday through Friday (with the exception of County observed holidays), as well as through https://www.bidnetdirect.com/new-york/county-of-orange.

October 1, 2025 Renee Arnold-O’Regan, Commissioner https://www.bidnetdirect.com/new-york/county-of-orange

PO Box 218, 255-275 Main St.

Goshen, New York 10924

INSTRUCTIONS TO BIDDERS

Unless a Request for Bid (RFB) is solicited directly by another County Department, the only official distribution source for this RFB is through the Department of General Services. Additionally, most RFB documents issued by the Department of General Services are distributed through BidNet which can be accessed through https://www.bidnetdirect.com/new-york/county-of-orange. If you have obtained this RFB from a different source, you are encouraged to contact the Department to receive an official copy. You may not receive addenda or important information regarding this RFB if you are not registered with the Department of General Services as having obtained a copy of this RFB through the Department or through BidNet.

By submitting a Bid, you are asking the County to accept your offer for the sale of goods and/or services. It is important that you READ and UNDERSTAND all terms and conditions contained in this RFB as well as understand the laws that govern Public Contracts in New York State. If you do not agree with the terms and conditions contained in this RFB you should not submit a Bid.

Your Bid will be considered by the County if the following conditions are met:

1. Pursuant to State Finance Law §139-j and §139-k, this solicitation includes and imposes certain restrictions on communications between the County and a Bidder during the procurement process. A Bidder is restricted from contacting other than designated staff from the earliest notice of intent to solicit offers through final award and approval of the Procurement Contract by the County Executive ("Restricted Period") unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j(3)(a). County employees are required to obtain certain information when contacted during the Restricted Period. The designated staff contact is the Commissioner of General Services or her representative, telephone (845) 291-2792. Bidders responding to this RFB must familiarize themselves with these State Finance Law requirements and will be expected to affirm that they understand and agree to comply on the Bid Form.

2. Applicable Not Applicable A Pre-Bid Conference and Site Visit will be held at [location] on [date] at [time], prevailing time. Attendance is strongly recommended. The County shall not be liable for, nor shall it review proposed change orders, contract amendments, etc. for inadequate pricing, labor, materials, time or similar issues in Vendor/Consultant's contract with the County resulting from Vendor/Consultant's failure to attend and obtain information provided at the pre-proposal conference, site visit and/or any addenda issued afterward.

3. Bidders are responsible for reporting in writing any errors, omissions or ambiguities found in this RFB. All such reports, requests for information, questions, etc. shall be on the "Questions Form" provided in this RFB and either faxed to the Department of General Services at (845) 378-2365 or emailed on the Questions form to GeneralServices@orangecountygov.com. No questions will be entertained by any other means. All questions must be submitted by Wednesday, October 15, 2025 at 3:00 P.M., prevailing time. Questions received after this time may not be addressed. Please be patient, questions will be answered in an Addendum/Addenda to be shared with all interested Bidders. Questions will not be responded to individually.

4. If RFB Specifications or the Bid Form are altered in any manner to suit your pricing, packaging, manufacturing requirements etc., your Bid shall be deemed non-responsive and will not be considered. If clarification is required on any aspect of the RFB it is necessary to submit questions to the Department of General Services as set forth below.

https://www.bidnetdirect.com/new-york/county-of-orange mailto:GeneralServices@orangecountygov.com

PO Box 218, 255-275 Main St.

Goshen, New York 10924

5. Unless otherwise specified, all Bids shall be made upon forms furnished in this RFB, if any, and as may be modified by addenda, contained in sealed envelopes clearly marked on the outside packaging with the vendor name and RFB-OC133-25 2025 Mini Excavator, addressed to Renee Arnold-O’Regan, Commissioner, Department of General Services, PO Box 218, 255-275 Main St., NY 10924 and received up to and including Wednesday, October 22, 2025 at 3:00 P.M., prevailing time. If NOT sending your Bid via U.S. Mail (i.e., using FedEx, UPS, hand deliver, etc.) please use the following address: Orange County Department of General Services, 255-275 Main St., Goshen, New York 10924. It is the Bidder’s responsibility to clearly mark the outside of their mailing package with the RFB title and number. Faxed/E-mailed Bids are not permitted. NO LATE BIDS WILL BE ACCEPTED

- NO EXCEPTIONS!

6. ONE (1) UNBOUND SET OF WHICH MUST CONTAIN ORIGINAL SIGNATURES, including completed copies of any forms or certifications required in this RFB and two (2) sets of all Bids to be submitted,. Forms, if any, issued in this RFB shall be completely filled in, in ink or by typing, on the original form, if included in this RFB. Failure to respond to this RFB on any official form(s) included in this RFB may result in disqualification of a Bid as non-responsive. Each Bid Form should be properly executed and signed by the Bidder. Any Bid Form which contains modifications (e.g.

to units), omissions or erasures; is illegible; conditional; or unsigned may be rejected as non-responsive.

7. Permission will not be given to modify or explain any Bid after it has been opened, unless clearly specified in this document (e.g. interviews). Permission to withdraw a Bid prior to Bid opening will be at the discretion of the County and no replacement Bid may be submitted without authorization from the Commissioner of General Services. Opened Bids may not be withdrawn until forty-five (45) days after opening.

8. Basis of Award provisions vary with each RFB, please read that section carefully. Some RFBs may be awarded to more than one entity. The Commissioner of General Services reserves the right to waive any informality, reject any and all Bids, or, if noted in the Basis of Award section of this RFB, accept any Bid in whole or in part, if deemed to be in the best interest of the County.

9. Any award shall be subject to the issuance of a purchase order by the County and the availability of appropriated funds. No legal liability on the part of the County for payment of any money shall arise unless and until a purchase order is issued, funds are appropriated and made available in each year of the term of the award, and all performance requirements for each payment are met. The County shall have no responsibility or liability for any Bidder's costs related to preparation of Bids, attendance at interviews, etc.; all such costs are solely at Bidder's risk and expense.

10. Bidder(s) who receive an award agree to the ORANGE COUNTY, NEW YORK PURCHASE ORDER, INSTRUCTIONS TO SUPPLIER AND GENERAL TERMS AND CONDITIONS attached and incorporated into this RFB ("PO Terms and Conditions").

11. The County maintains a unilateral right to cancel or extend the award in accordance with the Term section of this RFB and/or the PO Terms and Conditions. If a Vendor fails to perform or otherwise breaches the PO Terms and Conditions, in addition to any other rights and remedies the County may have, Vendor may be listed as non-responsible and may be ineligible for future contract awards.

12. Bidders must be properly registered to do business in the State of New York and furnish applicable certificates of authority/incorporation/partnership/dba, etc. with their Bid.

13. The County encourages submission of Bids by Minority- and/or Women-Owned Business Enterprises (MWBE)

PO Box 218, 255-275 Main St.

Goshen, New York 10924 and/or Disadvantaged Business Enterprises (DBE).

14. A Non-Collusion Certification, Disclosure of Non-Responsibility Determination and Iran Divestment Act Certification are included in this RFB. Bidders must complete and submit a signed original of each and the applicable number of copies of each with each Bid.

15. Supplier Forms are provided with this RFB. Bidders that have not received a purchase order in the last twelve

(12) months from the County must submit completed and signed Supplier Forms prior to issuance of a purchase order by the County.

16. Pursuant to New York’s Freedom of Information Law (“FOIL”) (Public Officers Law, Article 6, Sections 84-90) all government records are presumptively open for public inspection unless specifically exempted from disclosure under FOIL. Bidders who have a good faith belief that information contained in their Bid is exempt from disclosure under FOIL must, at the time of their submission, request the exemption in writing, setting forth the basis for the claimed exemption. In addition, the Bidder must mark each page of its submission claimed to be exempt from disclosure under FOIL with the following legend: “THE BIDDER BELIEVES THAT THIS INFORMATION IS PROTECTED FROM DISCLOSURE UNDER THE NEW YORK STATE FREEDOM OF INFORMATION LAW.” Neither the Bidder’s classification of materials as exempt under FOIL, nor the County’s acceptance of Bidder’s Bid with the claimed exemption(s), should be considered a final determination as to whether the designated materials are exempt from disclosure under FOIL. Any and all determinations as to the propriety of claimed exemptions will be made by the County and/or a court of law in accordance with applicable law.

BONDING REQUIREMENTS

There are no Bonds required for this contract.

PO Box 218, 255-275 Main St.

Goshen, New York 10924

PURCHASES BY OTHER LOCAL GOVERNMENTS AND SCHOOL DISTRICTS

New York State General Municipal Law §103(3), §103(16), County Law §408-a, and County Procurement Policy allow New York State political subdivisions and districts to make purchases through County contracts open to such procurements by the County. THE AWARD OF ANY CONTRACT UNDER THIS RFB SHALL BE OPEN TO SUCH PROCUREMENTS. OFFERORS WHO DO NOT WISH TO ACCEPT THIS AS A CONDITION OF CONTRACT SHOULD NOT

SUBMIT A PROPOSAL.

1. The Department of General Services shall make award information on any contract resulting from this RFB available to other political subdivisions.

2. Other political subdivisions or districts will issue purchase orders directly to Vendor/Consultant within the specified contract period referencing the County’s contract and shall be solely liable and responsible for all payments due on under the contract for that political subdivisions or district’s use of the Contract. The County shall not be liable or responsible for any debts incurred by other users of any contract resulting from this RFB.

3. All purchases shall be subject to audit and inspection by the County.

4. Necessary deviations from the County’s specifications in the award of a participant contract, for example quantities or delivery points, shall be resolved between the successful Offeror and the other political subdivisions or districts. However, at no time shall any change to price and product specifications be permitted, except where an item has been replaced by another item due to obsolescence or pricing is contingent on an outside factor (e.g.

fuel at market rates) pursuant to the terms of the contract, and/or the Vendor or Consultant offers reduced pricing to any participant, which then must be made immediately available to all participants. If a product specification requires modification due to obsolescence, the County must approve a change of product in writing in order for it to be valid. In the event a product substitution is approved, no change in price will be permitted except when the price will be lower than the originally awarded price. Any reduced pricing shall be applicable to all other participants’ quantities ordered on or after the date such reduced pricing became effective for the initial participant receiving such pricing.

PO Box 218, 255-275 Main St.

Goshen, New York 10924

SCOPE

The County of Orange (“County”) seeks qualified Vendor(s) (“Vendor”) to furnish and deliver Two (2) - 2025 Kubota Mini Excavator – KX040-5R3AP or approved equal (“equipment”).

SPECIFICATIONS

Non-Restrictive Use of Brand Name and Part Number: Unless otherwise stated, the use of manufacturers' names and product numbers are for the purpose of describing the standard of quality, performance, and characteristics desired and is in no way intended to limit or restrict competition. Complete descriptive literature with detailed specifications for each item must accompany the bid for purposes of comparison. This information must clearly show that the item offered meets all Specifications in this RFB. Failure to comply may result in your bid deemed to be non-responsive and thereby disqualified.

1. All equipment furnished under the contained specifications shall be a piece of equipment as offered in the current road construction trade and shall be of quality workmanship and material. The bidder represents that all equipment offered under these specifications shall be a 2025 model or approved equal.

2. The equipment shall be delivered ready for immediate and continuous operation.

3. All parts not specifically mentioned which are necessary for the unit to be complete and ready for operation or which are normally furnished as standard equipment shall be furnished by the vendor. All parts shall conform in strength, quality and workmanship to the accepted standards of the industry.

4. The equipment offered shall meet and adhere to all Federal, NY State or Local Laws, regulations or requirements.

5. Equipment offered, if applicable, shall meet or exceed all Federal and New York State safety, health, lighting, noise and emissions regulation and standards in effect and applicable to equipment furnished at the time of manufacture.

6. Bidders shall furnish manufacturer's specifications, descriptions and literature for the equipment submitted for this bid.

7. The equipment offered shall be warranted against defects in material and workmanship for a period of not less than two (2) years / 2,000 hours. In addition, the Rubber Track offered shall be warranted against defects in material and workmanship for a period of not less than one (1) year / 1,000 hours.

8. Minimum specifications can be found on the attached Specification Compliance Form. Each bidder must submit a completed Specification Compliance Form. Bidder shall enter “comply” if proposing the Two (2)

- 2025 Kubota Mini Excavator – KX040-5R3AP as specified or list the make/model and specifications for the alternative item offered. All items listed on the Specification Compliance Form shall be completed and submitted with this bid. Any incomplete information shall be deemed non-responsive.

DELIVERY

Delivery shall be made to Department of Public Works, 2455 Route 17M, Goshen, NY. Delivery hours must be Monday through Friday, between 7:30 am to 2:30 pm.

PO Box 218, 255-275 Main St.

Goshen, New York 10924

ASSIGNMENT AND SUBCONTRACTING

Vendor shall not assign or subcontract the performance of its obligations, in whole or in part, under any award issued from this RFB, without the prior written approval of the County, at its sole discretion. A copy of any proposed assignment or subcontract shall be submitted to the County with Vendor's written request for approval a minimum of ten (10) days prior to any assignment or subcontract. County's failure to approve or deny the request prior to the intended start data of any assignment or subcontract shall be deemed a denial of the request.

TERM

The County anticipates that the term of this award will be for one (1) year. The County reserves the right to extend the award for up to two (2) additional one (1) year periods, under no less favorable terms and conditions as the terms and conditions of the original award.

Upon expiration of the original award term or any renewal thereof, if authorized by the County as above, the award may be extended unilaterally by the County for an additional period of up to two months upon notice to the Vendor with the same terms and conditions as the original award including, but not limited to, quantities (prorated for such extension), prices, and delivery requirements. With the concurrence of the Vendor, the extension may be for a period of up to three months in lieu of the up to two-month period.

PRICING

1. We do not accept any conditional bids (i.e.: minimum quantities, minimum dollar amount orders).

2. Pricing must be submitted on the provided Bid Form.

3. The prices submitted shall be exclusive of federal and state sales taxes (or other taxes inapplicable to government entities) and must not include any tax for which the Bidder may claim exemption because of doing business with the County.

4. Unless otherwise indicated in this RFB, prices shall be net, including transportation and delivery charges fully prepaid by the successful Vendor to the destination indicated in the purchase order. Prices are to be listed as FOB Delivered: ORANGE COUNTY, NY. No freight and/or handling or fuel surcharges will be accepted, unless otherwise agreed to in the purchase order. Delivery of all products will be made free of transportation charges, the prices bid by Vendor being delivered prices.

5. At no time shall any change to price and product specification be permitted for the entire term of the award, except where an item has been replaced by another item due to obsolescence. In this instance, the County must approve a change of product in a written change order for it to be valid. In the event a product substitution is approved, no change in price will be permitted except when the price will be equal to or lower than the originally awarded price.

6. The proposed Scope and Specifications are not a guarantee, were developed based on past or anticipated needs, and are as accurate as the County can ascertain at the time of issuance of this RFB. When an anticipated volume or other quantities or goods or services are listed, the County has listed these either based upon a history of usage

PO Box 218, 255-275 Main St.

Goshen, New York 10924 over a previous period or anticipated need. The County in no way guarantees that the actual quantities listed will be ordered. When volume or quantities are listed, the Bidder should understand that the actual volume or quantities may be more or less, depending on the actual needs of the County. The Bidder shall hold the County harmless against any damages because of estimated volume or quantities. In the event quantities exceed the estimate, the County shall receive the price as listed in the award or, if a better price is available at that time, that price shall be passed on to the County.

PAYMENT

1. Payment shall be made after County acceptance of merchandise, with the submission of a detailed invoice that must reference the purchase order number, item description, quantity and bid price.

2. The County offers the payment choices listed below. The payment time in standard County contracts is typically 30 days for Public Improvement Projects and 60 days for all other contracts. Generally, the County is able to process payments more quickly than those stated timeframes. However, the options for payment choices below are listed in order of speed:

a. Electronic Funds Transfer (EFT) via Automated Clearing House (ACH) – Please complete the form enclosed with this RFB.

b. Check

SUBMISSION OF BIDS

Unless otherwise noted below, one (1) UNBOUND signed original (as applicable to the document type) and the number of copies specified in Item #5 of the Instructions to Bidders, of each of the following items should be submitted in your Bid package. It is NOT necessary to include a copy of the entire RFB in your bid package, only the items below are required. Bids must include:

1. Completed and signed Bid Form

2. Non-Collusion Certification

3. Disclosure of Non-Responsibility Determination (copy of instruction page not required)

4. Iran Divestment Act Certification

5. Certificate of Authority/Incorporation/Partnership/dba, etc., as applicable to your business entity

6. Supplier Forms, if not already a current Vendor for the County

7. Information or other materials to be included, only as requested in the Specifications

ALL SUBMISSIONS MUST BE CLEARLY MARKED ON THE OUTSIDE MAILING PACKAGING WITH THE VENDOR’S

NAME, RFB TITLE AND NUMBER.

PO Box 218, 255-275 Main St.

Goshen, New York 10924

ADDITIONAL INFORMATION, INTERVIEWS & SITE VISITS

The County may require any or all Bidders to present additional evidence of experience, ability and financial standing as well as a statement as to the materials, equipment or personnel which the Bidder will have available for the performance of the scope of this RFB. The County reserves the right to interview any or all Bidders and/or visit any or all Bidder's sites during the evaluation of Bids. If applicable, the County shall contact Bidders to arrange an interview (which County may require to be held at the Department of General Services) and/or a site visit of Bidder's facilities at any time during the evaluation process. Bidders are reminded to include their best technical and price terms in their initial offer and not to automatically assume that they will have an opportunity to participate in interviews, site visits or be asked to submit a best and final offer. The County may make an award(s) without interviews of and/or site visits to any or all Bidders, if deemed to be within the best interests of the County.

BASIS OF AWARD

1. Award(s) may be made to the responsive and responsible Bidder(s) submitting the lowest priced bid(s).

2. The County reserves the right to: accept other than the lowest priced offer, waive any informality, or reject any or all bids, with or without advertising for new bids, if in the best interest of the County.

3. In the event of a two-way tie, Bidders will be notified of a coin toss to be held in the office of the Commissioner of General Services, 255-275 Main St., Goshen, New York, 10924, the date and time to be determined as needed.

The first alpha-order Bidder, based on the first letter of business entity name, will be asked to call the coin. In the event of a multiple tie, names of tied Bidders will be placed in a hat by the Commissioner of General Services. First alpha-order Bidder, based on first letter of business entity name, will draw the name. In the event there are no attendees for the coin toss, or the draw, the coin toss or the draw will be conducted by the Commissioner of General Services and two (2) representatives of the County.

ANTICIPATED RFB TIMELINE

All dates except for the Bids Due date are approximate and subject to change, unless otherwise noted. Any change in the Bids Due date will be made by an Addendum to the RFB issued by the County.

Publication of RFB 10/1/25 Questions Due 10/15/25 Bids Due 10/22/25

PO Box 218, 255-275 Main St.

Goshen, New York 10924

BID FORM

BUSINESS NAME: ______________________________________________________________________________

BUSINESS ADDRESS: ____________________________________________________________________________

NAME, TITLE, TELEPHONE, FAX & EMAIL OF CONTACT PERSON: _________________________________________

Does this business have a minority, women's, disadvantaged, or small business certification? Yes No

If yes, please list the designation(s) and certifying entity(ies): ___________________________________________

ITEM DESCRIPTION

Quantity

PRICE (LUMP SUM)

WILL BE FOR TWO (2)

2025 KUBOTA MINI EXCAVATOR -

KX040-5R3AP or approved equal.

1.

Two (2) - 2025 Kubota Mini Excavator – KX040-5R3AP or approved equal. Furnished and delivered.

Price for Each Mini Excavator:

Total Lump Sum: $ __________

2.

Warranty shall be included with the purchase of Two (2) - 2025 Kubota Mini Excavator - KX040-5R3AP or Approved Equal:

• Basic Warranty

• Rubber Track Warranty: One (1) Year/1000 hrs

Warranties shall be included with the purchase of each Mini Excavator.

PO Box 218, 255-275 Main St.

Goshen, New York 10924

3.

Extended Warranty:

Two (2) Years For 2025 KUBOTA MINI EXCAVATOR - KX040-5R3AP or approved equal.

Extended Warranty Price for Each Mini Excavator:

Total Lump Sum: $ ____________

4.

Delivery to:

Orange County Department of Public Works 2455 Route 17M, Goshen, New York

Monday through Friday between 7:30 am – 2:30 pm

Delivery Charge for Two (2) Mini Excavators:

Total Lump Sum: $ ____________

5.

Dealer Assembly

2 Total Lump Sum: $____________

6. Freight Cost

7. PDI

8. Additional Dealer Set-Up

PO Box 218, 255-275 Main St.

Goshen, New York 10924

SPECIFICATION COMPLIANCE FORM

NOTE: Complete descriptive literature with detailed specifications for each item must accompany the bid for purposes of comparison. This information must clearly show that the item offered meets all Specifications in this RFB.

MINIMUM SPECIFICATION

Bidder shall note “COMPLY” for each, or if offering an alternate item, bidder must list the make, model, and specifications for the alternate.

Two (2) - 2025 Kubota Mini Excavator – KX040-5R3AP or approved equal

Hydraulic System

• Hydraulic Pump Load Sensing System

• Two Operating Pattern Selection System ISO or SAE

• Auxiliary Hydraulics Diverter Valve

• Thumb Bracket and Relief Valves

• Hydraulic Pilot Controls

• Hydraulic Angle Blade

Cab

• Air-Conditioned Cab

• Rearview Camera Kit

• 7” LCD Color Display – Standard

• High Back Suspension Seat With Retractable Seat Belt

Buckets/Attachments Dedicated Quick Coupler

Buckets:

• 12” / 2.1 cu ft. trenching bucket

• 24” / 4.3 cu feet trenching bucket

• 36” / 6.6 cu ft. drainage bucket

• 36” Bolt on Cutting Edge

• Hydraulic Thumb Kit

• Excavator Hydraulic Coupler

• Hose Completion Kit

Drive System

• Track Type: ½ Pitch Rubber

• Rubber Track Model

PO Box 218, 255-275 Main St.

Goshen, New York 10924

MINIMUM SPECIFICATION

Bidder shall note “COMPLY” for each, or if offering an alternate item, bidder must list the make, model, and specifications for the alternate.

Swing System

• 360 Degree Full Rotation

• Boom Swing Angle: 70 degrees left / 55 degrees right

Manuals

• Operator’s Instruction Manual

• Illustrated Parts List

• Workshop Shop (Maintenance)

On-site service and warranty support shall be provided.

For each Mini Excavator

Lead Time after order must be within 120 Days.

For each Mini Excavator

The undersigned proposes to furnish and deliver RFB-OC133-25 2025 Mini Excavator and its responding Bid to the County of Orange, at the prices stated within the Bid submitted.

The individual submitting this Bid on behalf of the business entity noted above, certifies by their signature below that:

• they understand and have complied with the requirements of State Finance Law Sections 139-j and 139-k and will continue to do so throughout the Restricted Period;

• they have read and understood the full Request for Bid cited above; and

• they are duly authorized to submit the Bid on behalf of the business entity noted above.

Additionally, by submission of this RFB, the person signing on behalf of the business entity noted above certifies, and in the case of a joint quote each party thereto certifies as to its own organization, under penalty of perjury, that the business entity submitting this quote has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees.

Such policy shall, at a minimum, meet the requirements of Section 201-g of the New York State Labor Law.

By: _________________________________ Date: ________________________________ (Signature)

NAME Federal ID Number

TITLE DUNS Number, if applicable

PO Box 218, 255-275 Main St.

Goshen, New York 10924

ADDENDA CONFIRMATION (Bidders should only complete this section if any addenda were issued for this RFB.)

Addendum #____ - Received __________________, 20___ Initialed by person signing above _________

PO Box 218, 255-275 Main St.

Goshen, New York 10924

QUESTIONS

ALL QUESTIONS REGARDING THIS RFB MUST BE either faxed to the Department of General Services on this form at (845) 378-2365, or emailed to GeneralServices@orangecountygov.com with the subject line “RFB Questions” by the time and date specified in the Instructions to Offerors. Questions will be answered in an Addendum/ Addenda to be shared with all interested Offerors. Questions will not be responded to individually.

Business Name _______________________________________________________________________________

Business Email: _______________________________________________________________________________

Telephone: ______________________ Fax: __________________________ Date: ____________________ mailto:GeneralServices@orangecountygov.com

PO Box 218, 255-275 Main St.

Goshen, New York 10924

NON-COLLUSION CERTIFICATION

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

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

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

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

(b) A Bid shall not be considered for award, nor shall any award be made where the provisions of (a)(1)(2) and (3) above have not been complied with; provided however, that if in any case the Bidder cannot make the foregoing certification, the Bidder shall so state and shall furnish with the Bid a signed statement which sets forth in detail the reasons therefore. Where (a)(1)(2) and (3) above have not been complied with, the Bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the political subdivision, public department, agency or official thereof to which the Bid is made, or his designee, determines that such disclosure was not made for the purpose of restricting competition.

The fact that a Bidder (a) has published price lists, rates, or tariffs covering items being procured, (b) has informed prospective customers of proposed or pending publication of new or revised price lists for such items, or (c) has sold the same items to other customers at the same prices being proposed, does not constitute, without more, a disclosure within the meaning of subparagraph (a)(1)-(3) of this certification.

Any Bid hereafter made to any political subdivision of the state or any public department, agency or official thereof by a Bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute, rule, regulation, or local law, and where such Bid contains the certification referred to in subparagraph (a)(1)-(3) of this certification, shall be deemed to have been authorized by the board of directors of the Bidder, or other authorizing body or vote of the bidders business entity if other than a corporation and such authorization shall be deemed to include the signing and submission of the Bid and the this Non-Collusion Certification as the act and deed of the corporation or other business entity submitting the Bid.

DATE SIGNATURE

NAME

TITLE

BUSINESS NAME

PO Box 218, 255-275 Main St.

Goshen, New York 10924

INSTRUCTIONS FOR COMPLETING THE DISCLOSURE OF PRIOR NON-RESPONSIBILITY DETERMINATIONS

Background:

New York State Finance Law §139-k(2) obligates a Governmental Entity to obtain specific information regarding prior non-responsibility determinations with respect to State Finance Law §139-j. In accordance with State Finance Law §139-k, an Offeror must be asked to disclose whether there has been a finding of non-responsibility made within the previous four (4) years by any Governmental Entity due to: (a) a violation of State Finance Law §139-j or

(b) the intentional provision of false or incomplete information to a Governmental Entity. The terms “Offeror” and “Governmental Entity” are defined in State Finance Law § 139-k(1). State Finance Law §139-j sets forth detailed requirements about the restrictions on Contacts during the procurement process. A violation of State Finance Law §139-j includes, but is not limited to, an impermissible Contact during the restricted period (for example, contacting a person or entity other than the designated contact person, when such contact does not fall within one of the exemptions).

As part of its responsibility determination, State Finance Law §139-k(3) mandates consideration of whether an Offeror fails to timely disclose accurate or complete information regarding the above non-responsibility determination. In accordance with law, no Procurement Contract shall be awarded to any Offeror that fails to timely disclose accurate or complete information under this section, unless a finding is made that the award of the Procurement Contract to the Offeror is necessary to protect public property or public health safety, and that the Offeror is the only source capable of supplying the required Article of Procurement within the necessary timeframe.

Instructions:

The County of Orange includes this disclosure request regarding prior non-responsibility determinations in accordance with State Finance Law §139-k in its solicitation of Proposals or Bid documents or specifications or contract documents, as applicable, for procurement contracts. The attached form is to be completed and submitted by the individual or entity seeking to enter into a Procurement Contract, Supplement or Change Order. It shall be submitted to with your Bid or Proposal to the County agency conducting the Governmental Procurement.

The following disclosure form must accompany each Bid Form, Letter of Interest, or Proposal submitted by all Offerors.

PO Box 218, 255-275 Main St.

Goshen, New York 10924

DISCLOSURE OF PRIOR NON-RESPONSIBILITY DETERMINATIONS

Name of Individual or Entity Seeking to Enter into the Procurement Contract:

Address:

Name and Title of Person Submitting this Form:

1. Has any Governmental Entity made a finding of non-responsibility regarding the individual or entity seeking to enter into the Procurement Contract in the previous four years? (Please circle): No Yes

If yes, please answer the next questions:

2. Was the basis for the finding of non-responsibility due to a violation of State Finance Law §139-j (Please circle):

No Yes

3. Was the basis for the finding of non-responsibility due to the intentional provision of false or incomplete information to a Governmental Entity? (Please circle): No Yes

4. If you answered yes to any of the above questions, please provide details regarding the finding of non-responsibility below and attach additional pages as necessary.

Governmental Entity:

Date of Finding of Non-Responsibility:

Basis of Finding of Non-Responsibility:

5. Has any Governmental Entity or other governmental agency terminated or withheld a Procurement Contract with the above-named individual or entity due to the intentional provision of false or incomplete information?

(Please circle): No Yes

6. If yes, please provide details below and attach additional pages as necessary.

Governmental Entity:

Date of Termination or Withholding of Contract:

Basis of Termination or Withholding:

Offerer certifies that all information provided to the Governmental Entity with respect to State Finance Law §139-k is complete, true and accurate.

By: Date:

Signature

PO Box 218, 255-275 Main St.

Goshen, New York 10924

IRAN DIVESTMENT ACT CERTIFICATION

The Iran Divestment Act of 2012 (“Act”), Chapter 1 of the 2012 Laws of New York, added State Finance Law (SFL), §165-a and General Municipal Law §103-g, effective April 12, 2012. Under the Act, the Commissioner of the New York State Office of General Services (“OGS”) developed a list (“Prohibited Entities List”) of “persons” who are engaged in “investment activities in Iran” (both are defined terms in the law). In accordance with SFL § 165-a(3), the Prohibited Entities List may be found on the OGS website at http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf.

Pursuant to General Municipal Law §103-g, by signing below, Bidder certifies as true under the penalties of perjury that:

By submission of this proposal each Bidder and each person signing on behalf of any Bidder certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each Bidder is not on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the State Finance Law.

A proposal shall not be considered for award, nor shall any award be made where the certification has not been made, provided, however, that if in any case the Bidder cannot make the certification, the Bidder shall so state and shall furnish with the proposal a signed statement which sets forth in detail the reasons therefor. The County may award a contract to a Bidder who cannot make the required certification on a case-by-case basis if:

1. The investment activities in Iran were made before April 12, 2012, the investment activities in Iran have not been expanded or renewed after April 12, 2012, and the person has adopted, publicized, and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or

2. The County makes a determination that the goods and services are necessary for the County to perform its functions and that, absent such an exemption, the political subdivision would be unable to obtain the goods or services for which the contract is offered. Such determination shall be made in writing and shall be a public document.

During the term of the Contract, should the County receive information that a person is in violation of the above-referenced certifications, the County will offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment which is in violation of the Act within 90 days after the determination of such violation, then the County shall take such action as may be appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the contractor in default.

The County reserves the right to reject any Bid, proposal, contract or request for assignment for an entity that appears on the Prohibited Entities List prior to the award or execution of a contract or any renewal thereof, as applicable, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the Prohibited Entities List after contract award.

DATE SIGNATURE

BUSINESS NAME NAME

TITLE

http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf

PO Box 218, 255-275 Main St.

Goshen, New York 10924

INFORMATION SHEET

The questions asked on this Information Sheet are voluntary. It is not necessary to complete this Information Sheet.

Filling out this sheet does not change your chances of a contract award in any respect. By completing this form, you will be helping the County track trends that we believe to be of importance. The information collected will NOT be used to compile mailing lists and will not be used to contact you. It will also not be sold. The information collected may be used to generate reports showing historical data with regard to the County’s purchasing process.

Business Name ________________________________________________________________________________

Address ______________________________________________________________________________________

In what county are the primary operations of this business conducted? ___________________________________

Business type (Sole Proprietorship, Corporation, LLC, etc.) _____________________________________________

Does this business have a minority, women's, disadvantaged or small business status? Yes No

If yes, please list the designation and the certifying entity (ties) _________________________________________

How many individuals does this business employ? _____

Have you conducted business with the County before? Yes No

How did you discover this Bid opportunity? _________________________________________________________

Do you use the Empire State Municipal Purchasing Group Website (BidNet)? Yes No

If Yes, do you find it useful (explain) or if No, why? ___________________________________________________

Please list any other comments or suggestions pertaining to doing business with Orange County.

PO Box 218, 255-275 Main St.

Goshen, New York 10924

NON-BIDDER’S RESPONSE

BUSINESS NAME:

For the purpose of facilitating your firm’s response to our Request for Bids, the County of Orange is interested in ascertaining reasons for prospective Bidders' failure to respond to Requests for Bids. If your firm is not responding to this Bid, please indicate the reason(s) by checking any appropriate item(s) below and faxing it to the Department of General Services at (845) 378-2365 or mailing it to Department of General Services, 255-275 Main St., Goshen, NY 10924.

We are not responding to this RFB for the following reason(s):

We do not offer this product or service.

We are unable to meet specifications.

Specifications are not clearly understood or applicable (please note in "Other reason(s) below if too vague, too rigid, etc.)

We are unable to meet your bond requirements.

Insufficient time allowed for preparation of Bid.

Incorrect address used, or our branch/division does not handle this type of Bid. Correct name and mailing address is:

Other reason(s): ________________________________________________________________________