RFP-EFS01-25 Home Composter and Rain Barrel Sale Events.pdf

ORANGE COUNTY, NEW YORK

Department of General Services PO Box 218, 255-275 Main Street Goshen, New York 10924

RFP TITLE: Home Composter and Rain Barrel Sale Events RFP-EFS01-25

RFP Shell 7/2024

HOME COMPOSTER AND RAIN BARREL SALE EVENTS

PO Box 218, 255-275 Main Street Goshen, New York 10924

TABLE OF CONTENTS

NOTICE TO OFFERORS

INSTRUCTIONS TO OFFERORS

INSURANCE REQUIREMENTS

BONDING REQUIREMENTS

PURCHASES BY OTHER LOCAL GOVERNMENT AND DISTRICTS

SCOPE

SPECIFICATIONS

TERM

PRICING

PAYMENT

SUBMISSION OF PROPOSALS

ADDITIONAL INFORMATION, INTERVIEWS & SITE VISITS

BASIS OF AWARD

ANTICIPATED RFP TIMELINE

PROPOSAL FORM

QUESTIONS

NON-COLLUSION CERTIFICATION

IRAN DIVESTMENT ACT CERTIFICATION

DISCLOSURE OF NON-RESPONSIBILITY DETERMINATIONS

INFORMATION SHEET

ON-OFFEROR'S RESPONSE

APPENDIX

AGREEMENT FOR VENDOR SERVICES

SUPPLIER FORMS

PAY-TO-PLAY FORMS

ACH FORM

PO Box 218, 255-275 Main Street Goshen, New York 10924

NOTICE TO OFFERORS

Proposals for the County of Orange RFP-EFS01-25 Home Composter and Rain Barrel Sale Events will be received by the undersigned Commissioner of the Department of General Services, in her office at 255-275 Main Street, Goshen NY 10924, up to and including Thursday, September 25, 2025 at 4:00 P.M., prevailing time.

Copies of the Request for Proposals may be obtained beginning Friday, August 29, 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.

August 29, 2025 Renee Arnold-O’Regan, Commissioner https://www.bidnetdirect.com/new-york/county-of-orange

PO Box 218, 255-275 Main Street Goshen, New York 10924

INSTRUCTIONS TO OFFERORS

Unless a Request for Proposal (RFP) is solicited directly by another County department, the only official distribution source for this RFP is through the Department of General Services. Additionally, most RFP 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 RFP from a different source, you are encouraged to contact the Department of General Services to receive an official copy. You may not receive addenda or important information regarding this RFP if you are not registered with the Department of General Services as having obtained a copy of this RFP through the Department or through BidNet.

By submitting a Proposal, 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 in this RFP, 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 RFP, you should not submit a Proposal.

Your Proposal 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 an Offeror during the procurement process. An Offeror 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. Offerors responding to this RFP must familiarize themselves with these State Finance Law requirements and will be expected to affirm that they understand and agree to comply on the Proposal Form.

2. Applicable Not Applicable A pre-proposal 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. Offerors are responsible for reporting in writing any errors, omissions or ambiguities found in this RFP. All such reports, requests for information, questions, etc. shall be either faxed to the Department of General Services on the Questions Form found in this RFP at (845) 378-2365 or emailed to GeneralServices@orangecountygov.com with questions typed in the body of the email, and the subject line “RFP Questions”. No questions will be entertained by any other means. All questions must be submitted by Wednesday, September 10, 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 Offerors. Questions will not be responded to individually.

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

PO Box 218, 255-275 Main Street Goshen, New York 10924

4. Unless otherwise specified herein, all Proposals shall be made upon forms furnished in this RFP, if any, and as may be modified by addenda, contained in sealed envelopes clearly marked on the outside packaging with RFP-EFS01-25 Home Composter and Rain Barrel Sale Events addressed to Renee Arnold-O’Regan, Commissioner, Department of General Services, PO Box 218, 255-275 Main Street, Goshen, NY 10924 and received up to and including Thursday, September 25, 2025 at 4:00 PM, prevailing time. If NOT sending your Proposal via U.S. Mail, (i.e., using FedEx, UPS, hand delivery, etc.) please use the following address: Orange County Department of General Services, 255-275 Main Street, Goshen NY 10924. It is the Offeror’s responsibility to clearly mark the outside of their mailing package with the RFP title and number. Faxed / E-mailed Proposals are not permitted. NO LATE

BIDS WILL BE ACCEPTED - NO EXCEPTIONS!

5. ONE (1) UNBOUND SET OF WHICH MUST CONTAIN ORIGINAL SIGNATURES including completed copies of any forms or certifications required in this RFP and two (2) sets of all Proposals shall be submitted. Forms, if any, included in this RFP shall be completely filled in, in ink or by typing, on the original, unbound form. Failure to respond to this RFP on any official form(s) included in this RFP, may result in disqualification of a Proposal as non-responsive. No Proposal Form will be accepted which contains any modification to the template, additional information not specifically requested, omissions or erasures. Each Proposal Form shall be signed by a duly authorized individual on behalf of the Offeror. Illegible and unsigned Proposals will be rejected as non-responsive.

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

7. Basis of Award provisions vary with each RFP, please read that section carefully. Some RFPs may be awarded to more than one entity. The County reserves the right to waive any informality, reject any and all Proposals, or, if noted in the Basis of Award section of this RFP, accept any Proposal in whole or in part, if deemed to be in the best interest of the County.

8. Any award shall be subject to the execution of a contract (and, if applicable, license or other agreements) between the Offeror and the County. The County's contract obligation is contingent upon execution of the contract between the County and selected Vendor/Consultant, provision of required Pay-to-Play forms, insurance certificates and bonds, as applicable, by the Vendor/Consultant, and the availability of appropriated funds for the contract. No legal liability on the part of the County for payment of any money shall arise unless and until a contract is executed by both parties, funds are appropriated and made available in each year of the term of the contract, and all performance requirements for each payment are met. The County shall have no responsibility or liability for any of Offeror's costs related to preparation of Proposals, attendance at interviews, etc.; all such costs are solely at Offeror's risk and expense.

9. Offeror(s) awarded a contract agree to execute the contract in the same form as the template enclosed in this RFP in the timeframe, if any, indicated in this RFP. Any supplemental agreement(s) (e.g. licensing or maintenance agreements) requested by an Offeror must be included in the Proposal and are subject to the discretionary approval of the County Attorney and the County Executive. For any software required in the scope of services, include any proposed license or maintenance agreement(s) with your Proposal. Failure to reach agreement on contract terms and conditions may result in rejection of a Proposal, rescission of an award and/or retention of Proposal Security by the County.

PO Box 218, 255-275 Main Street Goshen, New York 10924

10. The County maintains a unilateral right to cancel or extend the contract in accordance with the terms of any contract resulting from this RFP. If a Vendor/Consultant fails to perform or otherwise breaches the contract, in addition to any other rights and remedies the County may have, the Vendor/Consultant may be listed as non-responsible and may be ineligible for future contract awards.

11. If Bid (Proposal) Security is required by this RFP; it must be included in the Proposal. If Performance and/or Payment Bonds are required by this RFP, Proposals must include a letter from the Offeror's bank or surety stating that the required letter of credit or bond(s) will be provided in the event of a contract. The letter of credit or bond(s) shall be provided for each year or relevant portion of the contract, as may be applicable.

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

13. The County encourages submission of Proposals by certified Minority- and/or Women-Owned Business Enterprises (MWBE) 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 RFP. Offerors must complete and submit a signed original of each and the applicable number of copies of each with each Proposal.

15. Supplier Forms are provided with this RFP. Offerors 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 execution of a contract by the County.

16. Please be advised that this solicitation is subject to Orange County Local Law No. 13 of 2013, as amended, known as the "Pay-to-Play Law". Pay-to-Play Forms will be made available with this RFP. All Pay-to-Play Forms should be submitted with your Proposal and will be required if you are awarded a contract. The Pay-to-Play Forms are required from the Vendor/Consultant (unless exempted by the law) prior to execution of a contract by the County.

17. 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. Offerors who have a good faith belief that information contained in their Proposal 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 Offeror must mark each page of its submission claimed to be exempt from disclosure under FOIL with the following legend: “THE OFFEROR BELIEVES THAT THIS INFORMATION IS PROTECTED FROM DISCLOSURE UNDER THE NEW YORK STATE FREEDOM OF INFORMATION LAW.” Neither the Offeror’s classification of materials as exempt under FOIL, nor the County’s acceptance of Offeror’s Proposal 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.

PO Box 218, 255-275 Main Street Goshen, New York 10924

INSURANCE REQUIREMENTS

During the term of the contract, or longer if required, Vendor/Consultant shall maintain, at its expense, Worker's Compensation, Disability and liability insurance policies of the types and minimum coverages specified in the enclosed contract template (e.g., Agreement for Vendor Services), as applicable. Certificates of insurance evidencing Vendor’s/Consultant's compliance with these requirements shall be required prior to execution of the contract by the County. Award is conditional upon submission of insurance documents within the time specified in the Notice of Award. Failure to do so may result in disqualification of the Offeror as non-responsive and/or the County's retention of any Proposal Security.

BONDING REQUIREMENTS

There are no Bonds required for this contract.

PURCHASES BY OTHER LOCAL GOVERNMENTS AND 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 RFP 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 RFP 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 RFP.

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 Street Goshen, New York 10924

SCOPE

Orange County (“County”) is seeking to contract with a Vendor to conduct online sales, assist the County in the promotion of sales (e.g., development of flyers, coordination with County, etc.) delivery, and distribution of home composters, home composting implements, and rain barrels. The goal of this project is to help reduce household generated solid waste and rainwater runoff to streams and sewers at the most affordable cost to the County and its residents. Since 2018 the County has hosted seven (7) Home Composter and Rain Barrel Sale Events, during which a total of 279 composters and 110 rain barrels have been sold.

SPECIFICATIONS

The selected Offeror (“Vendor”) will have with documented expertise in conducting online sales and one (1) day distribution / sale for compost bins and rain barrel sales. All proposals shall be priced according to the below specifications:

Equipment:

1. Compost Bin Specifications (to include, but not limited to)

a. Outdoor, enclosed air type

b. Door at base of unit

c. Rodent resistant

d. Ability to withstand temperatures of -30°F to 120°F

2. Rain Barrel Specifications

a. 55-gallon capacity

b. Overflow hose

c. Spigot at base of unit

d. Mesh lid to prevent ingress of debris and egress of mosquitos

3. Additional equipment, accessories, or supplies provided by the Vendor, as well as the associated cost of each, may be included in the Offeror’s proposal. This includes, but is not limited to, aeration tools, kitchen collectors, and thermometers.

4. Offerors are required to state and/or specify exactly what it intends to furnish, otherwise it is fully understood that Offeror shall furnish all items as stated. Detailed specifications, circulars, manufacturer's or other warranties and all necessary data on services or items proposed to be furnished must be included with each proposal. This information must clearly show that the item offered meets all detailed specifications herein. The County reserves the right to reject any proposal as non-responsive if compliance with the specifications is not clearly evident.

5. Product documentation including manufacturer’s specifications that indicate, without limitation, dimensions, capacity, material construction, available colors, and warranty of the items must be submitted with each Proposal. Please also include copies of all instructions, guides or similar materials that would be included with purchase of each item.

PO Box 218, 255-275 Main Street Goshen, New York 10924

6. Samples may be requested after the submission of each proposal, in the event an Offeror substitutes a product claiming equivalency, and it is not possible to verify compliance with the Specifications based on the product documentation submitted with the Proposals. In these instances, samples not provided within three (3) business days of request (unless the County specifies a different time period in writing) may be cause for a proposal to be deemed non-responsive. Any separately shipped packages of samples must be labeled with the name of the Offeror and the RFP number and title. Samples not including this information will be refused and the Offeror may be disqualified as non-responsive. Failure to provide samples when requested may result in disqualification of a proposal as non-responsive. Samples that do not include return shipping at Offeror’s cost and expense will be disposed of by County.

7. All equipment proposed must be new equipment of the model specified or an approved equal in current production. Manufacturers' warranties should be included with the proposal. All supplies, equipment, and materials must meet the provisions of the Occupational Safety and Health Act (OSHA) and all other applicable state and federal laws and regulations where applicable.

8. Vendor will be responsible for the acquisition of all materials and product orders that occur prior to the time of the sale for pre-sales, including signing for deliveries.

9. Vendors should have a minimum of 500 compost bins in stock for pre-orders.

Sales & Distribution / Sale Events:

10. Vendor shall provide an online system for residents to order items beginning at least two (2) months prior to distribution / sale events.

11. Vendor’s online system shall include (a) the make, model, and dimensions (e.g. height, length, width, depth, and weight), which will be located next to each item offered for sale; (b) the purchase price for each piece of equipment, which will be located next to each item offered for sale; (c) a statement that all purchasers will be required to pick-up the equipment orders on the scheduled distribution / sale date, and (d) the distribution / sale date, time and location where the equipment ordered can be picked up by purchasers.

12. On the scheduled distribution / sale date:

a. Vendor will bring to the distribution / sale location the equipment ordered through its online system. Vendor will distribute such equipment and complete the sale of the equipment ordered online.

b. Vendor will bring to the distribution / sale location at least twenty-five (25) compost bins, fifteen

(15) rain barrels, and fifteen (15) aerators, which will be available for purchase at the same price as the equipment ordered online.

c. Vendor will provide a site coordinator and one (1) additional staff person for assistance at the distribution / sale location.

PO Box 218, 255-275 Main Street Goshen, New York 10924

d. Vendor will provide the following materials for use at the distribution / sale location:

i. Tables, chairs, and at minimum one (1) 10’ x 10’ pop up tent

ii. List of pre-orders alphabetized by last name

iii. Cash/receipt boxes

iv. Visual board of items for sale with pricing

v. Credit card payment capability

vi. Pallet jack and forklift (if needed at the sale)

vii. Portable toilet for employees and volunteers (unless otherwise indicated by Orange County) – price to be specified as a separate item

13. Within five (5) days of the distribution / sale date, Vendor will supply to Orange County a written record of the number of compost bins, rain barrels, and accessors sold.

14. Any composters, rain barrels or implements not picked up by the individuals that ordered such online or purchased by walk-up customers will be brought to the Orange County Department of Public Works Administrative Building for distribution or sale. Orange County cannot take more than twenty (20) home composters and rain barrels combined.

15. Each proposal shall include a cost per unit to provide the services identified in and/or required by this RFP (including the online sales and the one (1) day distribution / sale date) (at a location in Orange County, NY).

Orange County has not yet scheduled a date for the 2025 distribution / date of equipment ordered online;

however such a date is targeted for fall 2025.

16. Orange County is requesting at least three (3) references (contact name and phone number with a brief description of services provided).

17. Vendor will be responsible for providing lunch to its staff.

The County will provide the following:

18. Orange County will work with the Vendor to select and secure dates and locations for the distribution / sale of the equipment. Any location selected will be within Orange County. The location will be mutually agreed upon between the County and the Vendor at least sixty (60) days before the planned date.

19. Orange County will promote the compost bin sale with a press release to major area news outlets, a post on the County Government Facebook page, as well as through push notifications on its newly adopted Recycle Coach mobile application. At its discretion, the County may pay for additional advertising.

20. Orange County will act as the sole contact for public and media inquiries regarding the sale.

21. Orange County will work to recruit volunteers to help staff the distribution / sale location.

PO Box 218, 255-275 Main Street Goshen, New York 10924

TERM

The County anticipates that the term of this contract will be for 1 year. The County reserves the right to extend the contract for up to two (2) additional one (1) year periods, under the terms and conditions of the original RFP, unless alternate terms are specified in this RFP and/or the contract for renewals/extensions.

Upon expiration of the original term or any renewal thereof, if authorized by the County as above, this contract may be extended unilaterally by the County for an additional period of up to two months upon notice to the Vendor/Consultant with the same terms and conditions as the original contract including, but not limited to, quantities (prorated for such extension), prices, and delivery requirements. With the concurrence of the Vendor/Consultant, 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 Proposals (i.e.: minimum quantities, minimum dollar amount orders).

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

a. Cost to the County for the online sale system.

b. All costs to the County for each Home Composter and Rain Barrel Sale Event, including, but not limited to, mobilization and demobilization, staffing, shipping/transport of all items to be sold, event management, optional rentals of portable toilets, etc.

c. Cost to the County for optional additional advertising.

d. Total cost per each item to residents.

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 Offeror may claim exemption because of doing business with the County.

4. Unless otherwise indicated in this RFP, 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 offered 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 RFP. 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 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 Offeror should understand that the actual volume or quantities may be more or less, depending on the actual needs of the County. The Offeror 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.

PO Box 218, 255-275 Main Street Goshen, New York 10924

PAYMENT

1. Vendor must accept payments from residents for pre-ordered and on-site purchases via cash, credit or debit cards.

2. Payment by the County will be made in accordance with the payment/compensation provisions of the contract template provided with this RFP.

3. The County is able to offer 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 RFP.

b. Check

CONTRACT DOCUMENTS

1. Contractor agrees to execute a contract in the form provided in this RFB or as may be modified in an addendum during the Questions period. Contractor’s unwillingness to execute a contract containing the terms and provisions set forth in the contract provided in this RFB, as may be modified by addenda, may result in the Contractor’s bid being declared non-responsive by the County. Modifications of terms and conditions after bid opening is not possible to ensure fair competition.

2. If this Bid is accepted, Bidder agrees to return an executed Contract in the form noted above, and all applicable insurance certificates, bonds and any other required forms within ten (10) business days of the date of the letter of transmitting contract documents from the procuring department, failure to return all documentation in a timely manner may result in rescission of the award and the County moving to the next lowest responsive and responsible bidder.

PO Box 218, 255-275 Main Street Goshen, New York 10924

SUBMISSION OF PROPOSALS

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

1. Completed and signed Proposal Form

2. Background and Experience: Provide a brief history of your business and experience with similar projects.

Identify proposed project staffing and include copies of resumes/C.V.'s for all personnel as well as any applicable certifications, licenses, etc.

3. Proposal Narrative: Proposals must include an organized narrative response to all elements listed in the specifications along with a proposed project timeline.

4. Proposal Pricing as required by the provisions of this RFP

5. References: Names and contact information for at least three (3) clients wherein similar projects have been completed, references for New York government entities are preferable, but not required.

6. Non-Collusion Certification

7. Iran Divestment Act Certification

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

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

11. Product documentation, including Manufacturers' Warranties, as applicable

12. Sample(s) (upon request)

13. Supplier Forms (if not already a current Orange County awarded vendor)

14. All Pay-to-Play Forms should be submitted with your Proposal and will be required if you are awarded a contract. The Pay-to-Play Forms are required from the Vendor/Consultant (unless exempted by the law) prior to execution of a contract by the County. (Due to an exemption in the Pay-to-Play Law, Government Entities and School Districts do not need to complete Pay-to-Play forms.)

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

ALL SUBMISSIONS MUST BE CLEARLY MARKED ON THE OUTSIDE PACKAGING WITH THE RFP TITLE AND NUMBER.

INSURANCE: While not required in the Proposal package, Offerors are reminded that Certificates of Insurance evidencing Vendor's/Consultant's compliance with the Insurance requirements of this RFP must be provided prior to execution of the contract by the County. The number of days for submission may vary but it may be less than one business week, please be prepared. FAILURE TO SUBMIT INSURANCE DOCUMENTS MAY RESULT IN DISQUALIFICATION OF THE VENDOR/CONSULTANT AS NON-RESPONSIVE AND/OR THE COUNTY'S RETENTION OF

PROPOSAL SECURITY.

PO Box 218, 255-275 Main Street Goshen, New York 10924

ADDITIONAL INFORMATION, INTERVIEWS & SITE VISITS

The County may require any or all Offerors to present additional evidence of experience, ability and financial standing as well as a statement as to the materials, equipment or personnel which the Offeror will have available for the performance of this contract. The County reserves the right to interview any or all Offerors and/or visit any or all Offeror's sites during the evaluation of Proposals. If applicable, the County shall contact Offerors to arrange an interview (which County may require to be held at the Department of General Services) and/or a site visit of Offeror's facilities at any time during the evaluation process. Offerors 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 award the contract without interviews and/or site visits for any or all Offerors, if deemed to be within the best interests of the County.

BASIS OF AWARD

1. Award(s) may be made to the highest scoring Offeror(s) resulting from the evaluation procedure described below.

2. Proposals will be scored and weighted against each criterion by an evaluator or evaluation team using the rating scale below, in accordance with the weight given to the applicable point range for that criterion.

Item Criteria Point Value

A Qualifications & Experience 1-5

B Technical Proposal 3-15

C Proposed Timeline & Availability 1-5

D References 1-5

E Cost Proposal 2-10

F Certified Minority- Women-Owned Business Entity5 +5

G Certified Service-Disabled Veteran-Owned Business Enterprise6 +5

Total Up to 50 points total

Item

Proposal Does Not Meet Criterion Requirements /

Expectations

Proposal Partially Meets Criterion Requirements /

Expectations

Proposal Meets Criterion

Requirements / Expectations

Proposal Partially Exceeds Criterion Requirements /

Expectations

Proposal Exceeds Criterion

Requirements / Expectations

A, C, D, 1 2 3 4 5

B 3 6 9 12 15

E 2 4 6 8 10

PO Box 218, 255-275 Main Street Goshen, New York 10924

If the evaluator or evaluation team determines, at his/her/its sole discretion, that interviews are in the best interest of the County, responsive proposals will be reviewed and scored as described above in a preliminary round to aid in determining whether all Offerors, or just those with top scoring proposals, will be interviewed. If interviews are held, the same review and scoring process described above will be repeated for those Offerors interviewed, and any award(s) made will be based on that secondary scoring round.

3. The submission of a Proposal implies the Offeror's acceptance of the evaluation criteria and acknowledgment that subjective judgments must be made by the evaluation committee. Award of any contract(s) shall be made to the responsible Offeror(s), whose Proposal(s) is(are) determined to be in the best interest of the County.

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

5. “Certified Minority- and/or Women-Owned Business Enterprise", as defined in New York State Executive Law §310(1), (7) and (15), means a business certified pursuant to New York State Executive Law §314 and registered in the New York State Empire State Development Division of Minority and Women's Business Development's MWBE Certified Directory database. To learn more about certification, please refer to: https://ny.newnycontracts.com/FrontEnd/VendorSearchPublic.asp?TN=ny&XID=4687

6. "Certified Service-Disabled Veteran-Owned Business Enterprise" as defined in New York State Executive Law §369-h(1) means “a business enterprise, including a sole proprietorship, partnership, limited liability company or corporation that is:

(a) at least fifty-one percent owned by one or more service-disabled veterans;

(b) an enterprise in which such service-disabled veteran ownership is real, substantial, and continuing;

(c) an enterprise in which such service-disabled veteran ownership has and exercises the authority to control independently the day-to-day business decisions of the enterprise;

(d) an enterprise authorized to do business in this state and is independently-owned and operated;

(e) an enterprise that is a small business which has a significant business presence in the state, not dominant in its field and employs, based on its industry, a certain number of persons as determined by the director, but not to exceed three hundred, taking into consideration factors which include, but are not limited to, federal small business administration standards pursuant to 13 CFR part 121 and any amendments thereto;

and

(f) certified by the office of general services.

ANTICIPATED RFP TIMELINE

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

Publication of RFP 8/29/25 Questions Due 9/10/25 Proposals Due 9/25/25 https://ny.newnycontracts.com/FrontEnd/VendorSearchPublic.asp?TN=ny&XID=4687

PO Box 218, 255-275 Main Street Goshen, New York 10924

PROPOSAL FORM

BUSINESS NAME: ______________________________________________________________________________

BUSINESS ADDRESS: ____________________________________________________________________________

NAME, TITLE, TELEPHONE, FAX AND 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 the certifying entity(ties) ________________________________________

The undersigned proposes to furnish and deliver the services described in RFP-EFS01-25 Home Composter and Rain Barrel Sale Events and its responding Proposal to the County of Orange, at the prices stated in the Proposal submitted. The individual submitting this Proposal 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 Proposal cited above; and

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

Additionally, by submission of this RFP, 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 Tax ID Number

Title DUNS Number, if applicable

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

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

PO Box 218, 255-275 Main Street Goshen, New York 10924

QUESTIONS

ALL QUESTIONS REGARDING THIS RFP MUST BE ON THIS FORM and either faxed to the Department of General Services at (845) 378-2365 or emailed to GeneralServices@orangecountygov.com with questions typed in the body of the email, and with the subject line “RFP 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 Street Goshen, New York 10924

NON-COLLUSION CERTIFICATION

(a) “By submission of this Proposal, each Offeror and each person signing on behalf of any Offeror 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 knowledge and belief:

(1) The prices in this Proposal 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 Offeror or with any competitor.

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

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

(b) A Proposal 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 Offeror cannot make the foregoing certification, the Offeror shall so state and shall furnish with the Proposal a signed statement which sets forth in detail the reasons therefore. Where (a)(1)(2) and (3) above have not been complied with, the Proposal 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 Proposal is made, or his designee, determines that such disclosure was not made for the purpose of restricting competition.

The fact that an Offeror (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 Proposal hereafter made to any political subdivision of the state or any public department, agency or official thereof by an Offeror 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 Proposal 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 Offeror, or other authorizing body or vote of the offeror’s business entity if other than a corporation, and such authorization shall be deemed to include the signing and submission of the Proposal and the this Non-Collusion Certification as the act and deed of the corporation or other business entity submitting the Proposal.

DATE SIGNATURE

NAME

TITLE

BUSINESS NAME

PO Box 218, 255-275 Main Street 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, Offeror certifies as true under the penalties of perjury that:

By submission of this proposal each Offeror and each person signing on behalf of any Offeror 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 Offeror 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 Offeror cannot make the certification, the Offeror 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 an Offeror 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 Proposal, 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 Street 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 the following 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 Street 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…