WF 2024.docx

Request for Quote This is NOT an Order

Instructions to Vendors: Please complete all yellow-shaded areas and provide documentation if indicated as “Applicable,” as well as forms for quotes exceeding $15,000 to the Parks contact person by the due date indicated.

Detailed Scope of What is Needed: |X| Commodity |_| Services

Engineered Wood Fiber for playground surfacing, delivered to locations provided below. Provide certification that your product meets the following standards: ASTM F1292 for impact testing, ASTM F2075 for purity and quality of the product, and ASTM F1951 for accessibility on the playground (IPEMA Certification and test results).

Deliveries to all locations must be made by April 30, 2024

Service Term: |_| Applicable |X| Not Applicable

End Date:

Guaranteed Delivery Days After Receipt of Order

RFQ Total

Provide Price for Each Item Requested Above

Method of Award is based on the lowest Grand Total Cost. All RFQ Responses must be valid for at least 90 days. Bidders are encouraged to attach a quotation to this bid form; however, any additional terms and conditions contained within a quote will not be accepted by OPRHP and will be disregarded. By responding to this RFQ, Vendor certifies its acceptance of the terms and conditions of Appendix A. In the event of a conflict between the purchase order document and any referenced documents contained within the purchase order, the order of precedence shall be as follows:

1) Appendix A, 2) Purchase Order / Contract, 3) Any agency specific standard clauses, 4) This RFQ/ Vendor’s offer / Proposal.

Public Building Law § 8(6): |_| Applicable |X| Commodity Only – Not Applicable

Any contracts over $5,000 for the work of construction, reconstruction, alteration, repair, or improvement of any State building [, a responsible and reliable NYS-certified Minority or Women-Owned Business Enterprise that submits a bid within ten (10) percent of the lowest bid will be deemed the apparent low bidder provided that the bid is $1,579,361 or less (maximum amount has been adjusted for inflation effective January 1, 2023). If more than one responsible and reliable MWBE firm meets the requirements, the MWBE firm with lowest bid will be deemed the apparent low bidder.

Insurance: |_| Applicable |X| Commodity Only - Not Applicable

If work under the RFQ will include services in excess of $1,500, please provide the following:

Commercial General Liability - Insurance shall be endorsed to name the “State of New York, Office of Parks, Recreation, and Historic Preservation, and their officers, employees, and agents” as an additional insured. Said policy shall cover the liability of the Contractor for bodily injury, property damage, premises liability and personal/advertising injury from all work and operations under any contract resulting from this solicitation. The limits under such policy shall not be less than the following:

The following ISO forms must be endorsed to the policy:

a. CG 00 01 01 96 or an equivalent – Commercial General Liability Coverage Form

b. CG 20 10 11 85 or an equivalent – Additional Insured – Owner, Lessees or Contractors (Form B)

c. Waiver of Subrogation

Comprehensive Business Automobile Liability Insurance. Such policy shall have a combined single limit for Bodily Injury and Property Damage of at least $1,000,000 each accident. Said policy shall cover liability arising out of any automobile used in connection with performance under this Agreement including owned, leased, hired, and non-owned automobiles bearing or, under the circumstances under which they are being used, required by the Motor Vehicles Law of the State of New York to bear license plates.

If the Contractor does not own, lease, or hire any automobiles used in connection with performance under this Agreement, the Contractor is not required to obtain Comprehensive Business Automobile Liability Insurance.

Workers’ Compensation and Disability Benefits Insurance - Provide OPRHP with proof of Workers’ Compensation Insurance and Disability Benefits Insurance. The following are the only acceptable means of proof; ACORD forms are NOT acceptable proof of coverage. For more information about Workers’ Compensation and Disability insurance, log onto the Workers Compensation Board website at www.wcb.state.ny.us or call them toll-free at 1-866-546-9322.

Acceptable Proof of Workers’ Compensation

Acceptable Proof of Disability Benefits

Vendor Certification By completing this RFQ and by signing the "Certification,” vendor acknowledges a full understanding of OPRHP’s requirements, including Appendix A (ogs.ny.gov/procurement/appendix) and if awarded a Purchase order, agrees to provide the requested items or services at the bid price offered.

Company Name:

SFS ID No.:

NYS Contract No.:

|_| NYS Small Business*[footnoteRef:2] [2: A “New York State Small Business” is defined as a company that is a resident to New York State, independently owned and operated, with 100 or fewer employees, and not dominant in its field. There is no certification process to be considered a New York State Small Business.

Signature

Date

Lobbying Law Certification ONLY Required for Quotes in Excess of $15,000

Pursuant to State Finance Law §§139-j and 139-k, this solicitation [or use identifier that is pertinent such as “Invitation for Bid” or “Request for Proposal”, etc.] includes and imposes certain restrictions on communications between a Governmental Entity and an Offerer/bidder during the procurement process. An Offerer/bidder is restricted from making contacts from the earliest posting, on a Governmental Entity’s website, in a newspaper of general circulation, or in the procurement opportunities newsletter in accordance with article four-C of the economic development law of written notice, advertisement or solicitation of a request for proposal, invitation for bids, or solicitation of proposals, or any other method provided for by law or regulation for soliciting a response from Offerers intending to result in a Procurement Contract with a Governmental Entity through final award and approval of the Procurement Contract by the Governmental Entity and, if applicable, the Office of the State Comptroller (“Restricted Period”) [conform for pertinent government entity] to other than the Designated Contacts for the Governmental Procurement unless it is a Contact that is included among certain statutory exceptions set forth in State Finance Law §139-j(3)(a). The Designated Contact(s) for this Governmental Procurement, as of the date hereof, are identified on the first page of this solicitation [or conform to whatever location is used to identify Designated Contacts]. Governmental Entity employees [conform for pertinent government entity] are also required to obtain certain information when Contacted during the Restricted Period and make a determination of the responsibility of the Offerer/bidder pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a 4-year period, the Offerer/bidder is debarred from obtaining governmental Procurement Contracts. Further information about these requirements can be found [conform for how will provide copies of the rules, regulations, guidelines or procedures].

Offerer Disclosure of Prior Non-Responsibility Determinations

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. This information must be collected in addition to the information that is separately obtained pursuant to State Finance Law §163(9). In accordance with State Finance Law §139-k, an Offerer 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 “Offerer” 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 Offerer 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 Offerer 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 Offerer is necessary to protect public property or public health safety, and that the Offerer is the only source capable of supplying the required Article of Procurement within the necessary timeframe. See State Finance Law §§139-j (10)(b) and 139-k(3).

Instructions

The Governmental Entity reserves the right to terminate this contract in the event it is found that the certification filed by the Offerer in accordance with New York State Finance Law §139-k was intentionally false or intentionally incomplete. Upon such finding, the Governmental Entity may exercise its termination right by providing written notification to the Offerer in accordance with the written notification terms of this contract.

The Office of State Parks, Recreation and Historic Preservation (OPRHP) 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. It shall be submitted to OPRHP unit conducting the Governmental Procurement.

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 mark):

|_| 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 mark):

|_| 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 mark):

|_| No |_| Yes

4. If you answered yes to any of the above questions, please provide details regarding the finding of non-responsibility below.

Basis of Finding of Non-Responsibility

(attach additional pages as necessary)

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 mark):

|_| No |_| Yes - If yes, please provide details below.

Basis of Finding of Non-Responsibility

(attach additional pages as necessary)

Lobbying Affirmation and Vendor Certification

Offerer affirms that it understands and agrees to comply with the procedures of the OPRHP relative to permissible Contacts as required by State Finance Law §139-j(3) and §139-j(6)(b). Offerer certifies that all information provided to the Governmental Entity with respect to State Finance Law §139-k, §139-j(3) and §139-j(6)(b), §139-k(5) is complete, true and accurate.

Company Name:

Doing Business As:

Address:

City

State

Zip Code

Name of Official:

Title

E-Mail

Telephone:

Signature

Date

Non-Collusive Bidding Certification ONLY Required for Quotes in Excess of $15,000

By submission of this bid, each bidder and each person signing on behalf of any other 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 his or her knowledge and belief:

1. The prices of 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 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.

4. Within the previous four years, has the bidder been found non-responsible by a government entity? (Please mark):

|_| No |_| Yes

a. If “yes,” was the determination of non-responsibility due to (1) engaging in impermissible contacts with a government entity, or (2) the intentional provision of false or incomplete information to a government entity? (Please mark) |_| No |_| Yes - If yes, please explain on a separate sheet.

Vendor Certification

The undersigned has carefully examined the RFQ and agrees to provide all goods and / or services, labor, material and equipment necessary for this RFQ. In addition, the bidder certifies that all information submitted regarding the Procurement Lobbying Law is complete, true and accurate. If such information is found to be intentionally false or intentionally incomplete, OPRHP reserves the right to terminate the resulting contract.

Company Name:

Doing Business As:

Address:

City

State

Zip Code

Name of Official:

Title

E-Mail

Telephone:

Signature

Date

Public Officers Law The following prohibitions pertain to the sale of goods and services by State employees to New York State Agencies pursuant to the NYS Public Officer’s Law § 73(4).

Current State Employees - Current employees of New York State cannot sell goods or services valued at $25 or more to any state agency, either as a private contractor or through a company in which that employee holds ownership of at least 10%, unless the procurement opportunity is first advertised in the NYS Contract Reporter and competitively bid.

Former OPRHP State Employees - Former employees of the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) cannot sell goods or services to OPRHP under any circumstance for two (2) years following the date they leave OPRHP’s employ. This applies only to OPRHP and OPRHP’s employees, and does not preclude a former employee of another state agency from selling goods or services to OPRHP within two years following the last date of that person's state employment.

Please check (X) as appropriate, sign and date.

|_| I am currently a state employee, and:

|_| am a private contractor

|_| own at least 10% of the company that is being asked to provide goods or services to OPRHP.

|_| I am a former OPRHP employee, and my service with OPRHP ended less than two (2) years prior to the date of my signature below.

|_| None of the above apply.

Vendor Certification

Company Name:

Doing Business As:

Name of Official:

Title

E-Mail

Telephone:

Signature

Date

Please complete this form and return it with your Quote

July 2021

Certification Under Executive Order No. 16 Prohibiting State Agencies and Authorities from Contracting with Businesses Conducting Business in Russia Vendor Name:

https://ogs.ny.gov/EO-16 Executive Order No. 16 provides that “all Affected State Entities are directed to refrain from entering into any new contract or renewing any existing contract with an entity conducting business operations in Russia.” The complete text of Executive Order No. 16 can be found here.

The Executive Order remains in effect while sanctions imposed by the federal government are in effect. Accordingly, vendors who may be excluded from award because of current business operations in Russia are nevertheless encouraged to respond to solicitations to preserve their contracting opportunities in case the sanctions are lifted during a solicitation or even after award in the case of some solicitations.

As defined in Executive Order No. 16, an “entity conducting business operations in Russia” means an institution or company, wherever located, conducting any commercial activity in Russia or transacting business with the Russian Government or with commercial entities headquartered in Russia or with their principal place of business in Russia in the form of contracting, sales, purchasing, investment, or any business partnership.

Is Vendor an entity conducting business operations in Russia, as defined above? Please answer by checking one of the following boxes:

|_| 1. No, Vendor does not conduct business operations in Russia within the meaning of Executive Order No. 16.

|_| 2.a. Yes, Vendor conducts business operations in Russia within the meaning of Executive Order No. 16 but has taken steps to wind down business operations in Russia or is in the process of winding down business operations in Russia. (Please provide a detailed description of the wind down process and a schedule for completion.)

|_| 2.b. Yes, Vendor conducts business operations in Russia within the meaning of Executive Order No. 16 but only to the extent necessary to provide vital health and safety services within Russia or to comply with federal law, regulations, executive orders, or directives. (Please provide a detailed description of the services being provided or the relevant laws, regulations, etc.)

|_| 3. Yes, Vendor conducts business operations in Russia within the meaning of Executive Order No. 16.

The undersigned certifies under penalties of perjury that they are knowledgeable about the Vendor’s business and operations and that the answer provided herein is true to the best of their knowledge and belief.

Certification

Company Name:

Doing Business As:

Name of Official:

Title

E-Mail

Telephone:

Signature

Date

June 2022

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