GROUP 38650 – Safety Equipment & Products for Transportation and Public Works PAGE 47
- Comprehensive Crash Mitigation (Statewide)
State of New York - Executive DepartmentOffice of General Services – NYS Procurement (NYSPro)
Corning Tower - 38th Floor
Empire State Plaza
Albany, NY 12242
INVITATION FOR BIDS
See Section III - PROCUREMENT PROCESS and SUBMISSION REQUIREMENTS CLAUSES HEREIN
BIDS SHALL BE SENT TO THE ABOVE ADDRESS ONLY
(E-Mail or Facsimile Bid Submissions Are NOT Acceptable)
BID OPENINGDATE: Thursday, March 27, 2014
TIME: 11:00 AM / TITLE: Group 38650 – Safety Equipment & Products for Transportation & Public Works – Comprehensive Crash Mitigation - (including Attenuators, Barricades, Bridge Rail, Crash Cushions & Guide Rail) (Statewide) Classification Codes:25, 30, 31, 46, 73, 90
INVITATION FOR BIDS NUMBER:
22734 - (Revision #1 - 2/12/14) / SPECIFICATION REFERENCE:
As Incorporated in the Invitation For Bids
CONTRACT PERIOD: Start of the first business day following issuance of awards to June 30, 2018
(Approximately, a four year term with potentially a one year maximum extension period)
DESIGNATED CONTACTS:
James E. Malone (Primary)
Contract Management Specialist I
,gov / Carmen Story (Secondary)
Contract Management Specialist I
/ Joseph Hodder (Secondary)
Transportation Team Leader
The bid must be fully and properly executed by an authorized person. By signing you certify your express authority to sign on behalf of yourself, your company, or other entity and full knowledge and acceptance of this INVITATION FOR BIDS, Appendix A (Standard Clauses For New York State Contracts), Appendix B (OGS General Specifications), and State Finance Law §139-j and §139-k (Procurement Lobbying), and that all information provided is complete, true and accurate. By signing, bidder affirms that it understands and agrees to comply with the OGS procedures relative to permissible contacts as required by State Finance Law §139-j (3) and §139-j (6) (b). Procurement Lobbying Information may be accessed at:
http://www.ogs.ny.gov/aboutOgs/regulations/defaultAdvisoryCouncil.html
Bidder’s Federal Tax Identification Number:
(Do Not Use Social Security Number) / NYS Vendor Identification Number:(See “New York State Vendor File Registration” clause)
If applicable, place an “x” in the appropriate box (check all that apply): / ¨ NYS Small Business
_____ # of Employees / ¨ NYS Minority Owned Business / ¨ NYS Women Owned Business
Legal Business Name of Company Bidding:
D/B/A - Doing Business As (if applicable):
Street City State Zip County
If applicable, place an “x” in the appropriate box (check all that apply): / ¨ Manufactured Within NewYorkState / ¨ Manufactured Outside NewYorkState
If you are not bidding, place an “x” in the box and return this page only.
¨ WE ARE UNABLE TO BID AT THIS TIME BECAUSE______.
Bidder’s Signature:
Title: / Printed or Typed Name:
Date:
Phone : ( ) - ext ( )
Fax : ( ) - ext ( ) / Toll Free Phone : ( ) - ext ( )
Toll Free Fax : ( ) - ext ( )
E-mail Address: / Company Web Site:
FOR NEW YORK STATE PROCUREMENT USE ONLY
P.R. #22734 / LIT ¨ MEMO ¨ / LETTER ¨ CD/DVD ¨ / FLASH DRIVE ¨
SDHC CARD ¨ / OTHER ¨
______ / MISSING PAGES:
INDIVIDUAL, CORPORATION, PARTNERSHIP OR LLC ACKNOWLEDGMENT
STATE OF }
: ss.:
COUNTY OF }
On the ______day of ______in the year 20____ , before me personally came: ______, to me known, who, being by me duly sworn, did depose and say that he/she maintains an office at ______, in the City/Town of______, the County of ______, and the State (or Commonwealth) of ______, and further that he/she:
[Check One]
☐ (If an individual/sole proprietor): executed the foregoing instrument in his/her name and on his/her own behalf.
☐ (If a corporation): is the ______of ______, the corporation described in said instrument; that, by authority of the Board of Directors of said corporation, __he is authorized to execute the foregoing instrument on behalf of the corporation for purposes set forth therein; and that, pursuant to that authority, __he executed the foregoing instrument in the name of and on behalf of said corporation as the act and deed of said corporation.
☐ (If a partnership): is the ______of ______, the partnership described in said instrument; that, by the terms of said partnership, _he is authorized to execute the foregoing instrument on behalf of the partnership for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said partnership as the act and deed of said partnership.
☐ (If a limited liability company): is a duly authorized member of ______LLC, the limited liability company described in said instrument; that _he is authorized to execute the foregoing instrument on behalf of the limited liability company for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said limited liability company as the act and deed of said limited liability company.
______
Notary Public
Registration No. ______State Of: ______
(Continued)
22734i Rev1.docx
GROUP 38650 – Safety Equipment & Products for Transportation and Public Works PAGE 47
- Comprehensive Crash Mitigation (Statewide)
Table of Contents
SECTION I - INTRODUCTION 6
I.1 OVERVIEW & SCOPE 6
I.2 M/WBE INTEREST IN PARTNERSHIP 7
I.3 EXCLUSIONS 7
I.4 ESTIMATED QUANTITIES 7
1.5 PRE-BID CONFERENCE . 8
I.6 DESIGNATED CONTACTS 8
I.7 INQUIRIES 8
I.8 TEMPORARY RESTRICTION of USE of ATTACHMENT 2 9
I.9 KEY EVENTS/DATES 9
I.10 WEBSITE ACCESS ERRORS 9
I.11 NEW YORK STATE PROCUREMENT RIGHTS 9
I.12 IFB DOCUMENTS 10
I.13 ORDER OF PRECEDENCE 10
I.14 DEFINITIONS 10
SECTION II - GENERAL TERMS & CONDITIONS 13
II.1 NON-STATE AGENCIES PARTICIPATION IN CENTRALIZED CONTRACTS 13
II.2 "OGS OR LESS" GUIDELINES APPLY TO THIS CONTRACT 13
II.3 PREFERRED SOURCE PRODUCTS 13
SECTION III - PROCUREMENT PROCESS AND SUBMISSION REQUIREMENTS 14
III.1 FORMAT AND CONTENT OF BID SUBMITTAL 14
III.2 PACKAGING OF IFB RESPONSE 16
III.3 INSTRUCTIONS FOR IFB SUBMISSION 17
III.4 IMPORTANT INSTRUCTIONS REGARDING USE of MICROSOFT EXCEL® 17
III.5 BID DEVIATIONS/Extraneous Terms 17
III.6 LIABILITY AND VALIDITY 18
III.7 POSTING OF BID OPENING RESULTS 18
III.8 DISPUTE RESOLUTION POLICY 18
III.9 BIDDER DEBRIEFING 18
SECTION IV - COST PROPOSAL REQUIREMENTS 19
IV.1 SUPPLY COVERAGE AREAS & REGIONAL BIDDING 19
IV.2 CORE LIST & NON-CORE (CATALOG) DISCOUNT 20
IV.3 CATALOGS 21
IV.4 COMMERCIAL PRICE LIST & DISCOUNTS 21
IV.5 CATALOG TERMS & CONDITIONS 22
IV.6 PRODUCTS 22
IV.7 CATALOG EXCLUSIONS 22
SECTION V - EVALUATION PROCESS AND SELECTION CRITERIA 23
V.1 RECEIPT OF BID 23
V.2 METHOD OF AWARD 23
V.3 NOTIFICATION OF AWARD 25
SECTION VI - ADMINISTRATIVE PROPOSAL REQUIREMENTS 26
VI.1 MANDATORY AGREEMENTS AND CERTIFICATIONS 26
VI.2 NEW YORK STATE VENDOR FILE REGISTRATION 26
VI.3 CONTRACTOR (VENDOR) RESPONSIBILITY – NYS VENDOR RESPONSIBILITY QUESTIONNAIRE FOR PROFIT BUSINESS ENTITY 26
VI.4 TAX LAW §5-A 27
VI.5 QUALIFICATIONS OF PROSPECTIVE BIDDERS 28
VI.6 INSURANCE 29
VI.7 MANUFACTURER’S STATEMENT of AUTHORIZATION & COMMITMENT 29
VI.8 JOINT VENTURE OR PARTNERSHIP BIDS 29
VI.9 NON-COLLUSIVE BIDDING CERTIFICATION 29
VI.10 M/WBE PARTICIPATION AND GOALS 30
SECTION VII - TECHNICAL ASPECTS 32
VII.1 TECHNICAL SPECIFICATIONS 32
VII.2 INTERNET WEBSITES 32
VII.3 SERVICE REQUIREMENTS 32
VII.4 CONTRACT MODIFICATION GUIDELINES 37
VII.5 PRICE ADJUSTMENTS & UPDATES 37
VII.6 CONTRACT UPDATES – ADDITION & DELETION of PRODUCTS 38
VII.7 ADMINISTRATIVE AND REPORTING REQUIREMENTS 39
VII.8 USE OF RESELLERS/DISTRIBUTORS 40
SECTION VIII - TERMS AND CONDITIONS 41
VIII.1 APPENDICES 41
VIII.2 CONTRACT PERIOD AND RENEWALS 42
VIII.3 CONTRACT AMENDMENT PROCESS 42
VIII.4 EXTENSION OF USE 42
VIII.6 PERFORMANCE AND BID BONDS 43
VIII.7 SUMMARY OF POLICY AND PROHIBITIONS ON PROCUREMENT LOBBYING 43
VIII.8 ENVIRONMENTAL ATTRIBUTES AND NYS EXECUTIVE ORDER NO.4 43
VIII.9 USE OF RECYCLED OR REMANUFACTURED MATERIALS 43
VIII.10 RECYCLED CERTIFICATION 43
VIII.11 MERCURY-ADDED CONSUMER PRODUCTS 43
VIII.12 DIESEL EMISSION REDUCTION ACT OF 2006 44
VIII.13 EPA ENERGY STAR PROGRAM 44
VIII.14 ELECTRONIC EQUIPMENT RECYCLING AND REUSE ACT 44
VIII.15 IRAN DIVESTMENT ACT 44
VIII.16 AMERICANS WITH DISABILITIES ACT (ADA) 44
VIII.17 NEW YORK STATE PROCUREMENT CARD 45
VIII.18 NEW YORK STATE STATEWIDE FINANCIAL SYSTEM 45
VIII.19 ENCOURAGING USE of NEW YORK STATE BUSINESSES IN CONTRACT PERFORMANCE 45
VIII.20 INFORMATION SECURITY BREACH AND NOTIFICATION ACT 45
VIII.21. BULK DELIVERY & ALTERNATE PACKAGING 45
SECTION IX - USE OF CONTRACT BY STATE AGENCIES, POLITICAL SUBDIVISIONS & OTHER AUTHORIZED USERS 47
IX.1 GENERAL DESCRIPTION OF CONTRACT 47
IX.2 OVERLAPPING CONTRACT PRODUCTS 47
IX.3 AGENCY ACCESS TO WEB BASED ORDERING SYSTEM 47
IX.4 PROCUREMENT INSTRUCTIONS 47
IX.4.1 FOR EXECUTIVE AGENCIES 47
IX.4.2 FOR NON-EXECUTIVE AGENCIES 47
APPENDIX A 48
APPENDIX B 55
APPENDIX C 81
ATTACHMENTS:
Attachment 1 – Bidder, Catalog & Price List Identification (Excel®)
Attachment 2 – Bid Pricing – Core List & Catalog Discount (Excel®)
Attachment 3 – Administrative Items, General Questions & Bidder Agreements (Excel®)
Attachment 4 – Contract Certifications (Excel®)
Attachment 5 – Insurance Requirements (PDF)
Attachment 6 – Pre Bid Activities (Excel®)
Attachment 7 – Technical Documentation (PDF)
Attachment 8 – Post Award Reports (Excel®)
Attachment 9 – Bid Submittal Checklist (Excel®)
* * * * *
SECTION I INTRODUCTION
I.1 OVERVIEW & SCOPE
I.1.1 – Overview: Since taking office, Governor Andrew Cuomo has committed his administration to implementing enterprise-wide changes that will utilize modern business practices in running New York State government. New Yorkers need a government in which they can take pride, and this comprehensive overhaul of operations will help accomplish that goal. This IFB is a part of Governor Cuomo’s Procurement Transformation, by the Division of the Budget and the Office of General Services, and focuses on implementing best practices and identifying opportunities for savings. The new procurement process will balance the needs of achieving savings with the administration's policy goals of encouraging small businesses and certified minority and women business enterprises. The scope, contents and format of this IFB are structured in accordance with the goals of the initiative and Bidders are encouraged to review the information contained in this IFB thoroughly to understand the extent of changes from the present contracts. For more information on the initiative, Bidders can refer to: http://www.governor.ny.gov/press/10122011ImproveGovernmentEfficiency and http://www.ogs.ny.gov/BU/PC/SourcingFAQ.asp.
This Invitation for Bids (IFB) is issued by the New York State Office of General Services – New York State Procurement (NYSPro). The commodity contracts awarded as a result of this IFB will be centralized contracts for use Statewide by New York State Agencies, State and Local Parks, Counties, Municipalities, Educational Organizations and Facilities and other eligible Authorized Users (see Section II.1 – Non-State Agencies Participation in Centralized Contracts). Accordingly, references to the State and its Agencies as Authorized Users under this solicitation and the ensuing contract encompasses and includes all such entities within the definition of “Authorized User” set forth in State Finance Law section 163(1)(k).
This IFB outlines the terms and conditions, and all applicable information required for submitting a bid. A Bidder should pay strict attention to the bid submission date and time to prevent disqualification. To ensure compliance with bid requirements and prevent possible disqualification, Bidder must follow the format and instructions in Section III.
I.1.2 – Scope: The purpose of this IFB and resultant contracts is to provide Authorized Users with a means of acquiring equipment, associated accessories, parts and products manufactured and sold in the transportation, traffic and public safety industries to be primarily used by State Agencies, State Authorities, State and Local Parks, Counties, Municipalities, Educational Organizations and Facilities and other eligible users. Authorized Users will be encouraged to purchase from Contractors who offer products and pricing that best meet their needs in the most practical and economical manner. Products covered under this procurement include but are not limited to those designed for road and highway guidance, situational redirection and crash mitigation, such as Attenuators, Barricades, Bridge Rail, and Crash Cushions & Guide Rail.
Installation is not a part of this contract. Authorized Users will be responsible for providing or procuring set up and/or installation of equipment purchased as needed.
NYSPro intends to award multiple contracts by lot in accordance with the Method of Award (as found in Section V), on either a statewide or regional basis as applicable, to responsive and responsible Bidders who are able to meet the terms and conditions of this solicitation.
The awarded vendors will receive approximately a four-year agreement, with potential extension(s) under the same terms and conditions for additional time period(s) not to exceed a total contract term of five (5) years in accordance with the “Contract Period and Renewals” clause
The awarded vendors will be responsible to comply with all stated requirements including the following:
A. Participation by certified minority-owned business enterprises and certified women-owned business
Enterprises (M/WBE) targets in accordance with the “M/WBE PARTICIPATION AND GOALS” clause in Section VI.1, and Appendix C;
B. Insurance Requirements set forth in “Attachment 5 – Insurance Requirements”
C. All recurring reporting requirements in accordance with the “ADMINISTRATIVE AND REPORTING
REQUIREMENTS” clause in Section VII.5 and/or set forth in “Attachment 8 – Post Award Reports”, including but not limited to the following:
1. REPORT OF CONTRACT PURCHASES
2. AUTHORIZED USER SALES REPORTS
3. REPORTING OF SUBCONTRACTOR SALES
3. M/WBE CONTRACTOR COMPLIANCE AND PAYMENT REPORT
Bidders shall offer pricing based on their current product catalog, discounted from their openly published Commercial Price List. Items designated as “CORE LIST” products shall be quoted separately along with the net cost of statewide shipping as well as separately to all locations within each of four regional Supply Coverage Areas.
I.2 M/WBE INTEREST IN PARTNERSHIP
If a New York State certified M/WBE vendor would like to indicate its interest in working with the participating Bidders, please send an email entitled “M/WBE INTEREST_M/WBE NAME” to & cc’d to on or before February 20th, 2014 at 4:00 PM ET. The email should include:
· Company Name
· Contact Name and Contact Information
· Brief description of company type (for example “Company ABC manufactures pencils”) and products/services available for offer