GROUP 12000 – Basic Laboratory Supplies and Equipment (Statewide) PAGE 23

State of New York Executive Department
Office of General Services - New York State Procurement
Corning Tower - 38thFloor
Empire State Plaza
Albany, NY 12242

INVITATION FOR BIDS

REVISED 9-9-13

IMPORTANT: SEE “NOTICE TO BIDDERS” CLAUSES HEREIN

BIDS MAY BE SENT TO THE ABOVE ADDRESS ONLY

(E-Mail or Facsimile Bid Submissions Are NOT Acceptable)

BID OPENING
DATE: 09/16/2013
TIME: 11:00 AM ET / TITLE: 12000 Basic Laboratory Supplies and Equipment (Statewide)
Classification Codes: 10, 12, 41, 42, 53, 56 and 76
INVITATION FOR BIDS NUMBER:
22727 / SPECIFICATION REFERENCE:
As Incorporated in the Invitation For Bids
CONTRACT PERIOD: Three years with two optional one-year renewals
DESIGNATED CONTACTS
PRIMARY CONTACT
Sharon Featherstone / SECONDARY CONTACT
William Reilly / TERTIARY CONTACT
Tyler Feane
E-mail address:

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). Information may be accessed at:

Procurement Lobbying: 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)
Legal Business Name of Company Bidding:
D/B/A - Doing Business As (if applicable):
Street / City / State / County / Zip Code
If applicable, place an “x” in the appropriate box(es) (check all that apply): / ☐ / NYS Small Business
# Employees / ☐ / NYS Minority Owned Business / ☐ / NYS Women Owned Business
If applicable, place an “x” in the appropriate box(es) (check all that apply): / ☐ / Manufactured
Within NYS / ☐ / Solely Manufactured Outside NYS / ☐ / Partially Manufactured Outside NYS %
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: / Extension / Toll Free Phone: / Extension
Fax: / Extension / Toll Free Fax: / Extension
E-mail Address: / Company Website:
FOR NEW YORK STATE PROCUREMENT USE ONLY
P.R. # 22727 / LIT ¨ / MEMO ¨ / LET ¨ / OTHER ¨ / MISSING PAGES

RETURN THIS PAGE AS PART OF BID OR NO-BID

INDIVIDUAL, CORPORATION, PARTNERSHIP, OR LLC ACKNOWLEDGMENT
STATE OF }
} SS.:
COUNTY OF }
On the ______day of ______in the year 20__, before me personally appeared ______, known to me to be the person who executed the foregoing instrument, who, being duly sworn by me did depose and say that _heshe resides in ______, and further that:
[Check One]
☐ / If an individual): __heshe executed the foregoing instrument in his/her name and on his/her own behalf.
☐ / If a corporation): __heshe is the ______of ______, the corporation described in said instrument; that, by authority of the Board of Directors of said corporation, __heshe is authorized to execute the foregoing instrument on behalf of the corporation for purposes set forth therein; and that, pursuant to that authority, __heshe 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): __heshe 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.
☐ / Ifalimitedliabilitycompany): __heshe 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.

RETURN THIS PAGE AS PART OF BID

GROUP 12000 – Basic Laboratory Supplies and Equipment (Statewide) PAGE 23

Contents

Section 1: Introduction 2

1.1 OVERVIEW AND SCOPE 2

1.2 JOINT VENTURES 2

1.3 DETAILED SCOPE 2

1.4 ESTIMATED SPEND AND QUANTITIES 2

1.5 KEY EVENTS/DATES 2

1.6 INQUIRIES 2

1.7 PRE-BID CONFERENCE 2

1.8 DEFINITIONS 2

Section 2: Bidder Requirements 2

2.1 QUALIFICATION OF BIDDER 2

2.2 REFERENCES 2

2.3 FINANCIAL STABILITY 2

2.4 VERIFIABLE SALES 2

Section 3: Bid Submittal 2

3.1 NOTICE TO POTENTIAL BIDDERS 2

3.2 NOTICE TO BIDDERS 2

3.3 PERFORMANCE AND BID BONDS 2

3.4 BID DEVIATIONS 2

3.5 RESPONSIVENESS 2

3.6 INCORPORATION 2

3.7 PROPOSAL LIABILITY 2

3.8 PRICING INFORMATION 2

3.9 MINIMUM NUMBER OF BID ITEMS 2

3.10 NO-BID ITEMS AND REPLACEMENT BID PENALTIES 2

3.11 SPECIFICATIONS AND SUBSTITUTIONS 2

3.12 PUBLISHED PRICE LIST 2

3.13 FORMAT AND CONTENT OF BID SUBMITTAL 2

3.14 BID DELIVERY 2

3.15 IMPORTANT BUILDING ACCESS PROCEDURES 2

3.16 ELECTRONIC BID OPENING RESULTS 2

3.17 NEW YORK STATE PROCUREMENT RIGHTS 2

Section 4: Method of Award 2

4.1 BEST AND FINAL OFFER 2

4.2 METHOD OF AWARD 2

4.3 MARKET BASKETS 2

4.4 EVALUATION PROCESS 2

4.5 NOTIFICATION OF AWARD 2

Section 5: Administration 2

5.1 CONTRACT AMENDMENT PROCESS 2

5.2 CONTRACT ADMINISTRATOR 2

5.3 DISPUTE RESOLUTION POLICY 2

Section 6: Terms and Conditions 2

6.1 PROCUREMENT INSTRUCTIONS 2

6.2 ORDERING 2

6.3 EMERGENCY PURCHASING 2

6.4 DELIVERY 2

6.5 SHIPPING CHARGES 2

6.6 PACKAGING 2

6.7 INSTRUCTION MANUALS 2

6.8 SAFETY DEVICES 2

6.9 PRODUCT RETURNS 2

6.10 DISCREPANCIES 2

6.11 INVOICING AND RECEIPTS 2

6.12 CONTRACT PRICE LIST 2

6.13 INTERNET ACCESS TO CONTRACT PRICING INFORMATION 2

6.14 CONTRACT PRICE LIST UPDATES 2

6.15 STANDARDIZED LIST ITEM UPDATES 2

6.16 BEST PRICING OFFER 2

6.17 DISCOUNTS 2

6.18 SALES FLYERS 2

6.19 RECALLS 2

6.20 DEBRIEFING 2

6.21 REPORT OF CONTRACT USAGE 2

6.22 APPENDIX A 2

6.23 APPENDIX B 2

6.24 APPENDIX C 2

6.25 MERCURY ADDED CONSUMER PRODUCTS 2

6.26 DIESEL EMISSION REDUCTION ACT OF 2006 2

6.27 CONTRACTOR REQUIREMENTS AND PROCEDURES FOR BUSINESS PARTICIPATION OPPORTUNITIES FOR NEW YORK STATE CERTIFIED MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES AND EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITY GROUP MEMBERS AND WOMEN 2

6.28 NEW YORK STATE VENDOR FILE REGISTRATION 2

6.29 NEW YORK STATE VENDOR RESPONSIBILITY QUESTIONNAIRE FOR-PROFIT BUSINESS ENTITY (hereinafter the “Questionnaire”) 2

6.30 TAX LAW §5-A 2

6.31 USE OF RECYCLED OR REMANUFACTURED MATERIALS 2

6.32 ENVIRONMENTAL ATTRIBUTES AND NYS EXECUTIVE ORDER 4 2

6.33 "OGS OR LESS" GUIDELINES APPLY TO THIS CONTRACT 2

6.34 NON-STATE AGENCIES PARTICIPATION IN CENTRALIZED CONTRACTS 2

6.35 EXTENSION OF USE 2

6.36 EXTENSION OF USE COMMITMENT 2

6.37 CONTRACT PERIOD AND RENEWALS 2

6.38 SHORT TERM EXTENSION 2

6.39 POOR PERFORMANCE 2

6.40 BASIC WARRANTY 2

6.41 OVERLAPPING CONTRACT ITEMS 2

6.42 IRAN DIVESTMENT ACT 2

6.43 PREFERRED SOURCE PRODUCTS 2

6.44 NEW YORK STATE REQUIRED CERTIFICATIONS 2

6.45 NEW ACCOUNTS 2

APPENDICES AND ATTACHMENTS

APPENDICES

Appendix A - Standard Clauses for New York State Contracts (December 2012)

Appendix B - General Specifications (July 2006)

Appendix C - Equal Employment Opportunity Staffing Plan (EEO100) (5/12)

ATTACHMENTS

Attachment 1 - Price Pages (Revised 9/9/13)

Attachment 2 - General Questions (Revised 8/13/13)

Attachment 3 - New York State Required Certifications

Attachment 4 - Insurance Requirements

Attachment 5 - Report of Contract Usage

Attachment 6 - Inquiries Template

Attachment 7 - Market Basket Comparison Evaluation Statistics

Attachment 8 – Encouraging Use of New York State Businesses in Contract Performance

GROUP 12000 – Basic Laboratory Supplies and Equipment (Statewide) PAGE 23

Section 1: Introduction

This Invitation for Bids (IFB) is issued by the New York State Office of General Services (OGS) New York State Procurement (NYSPro), in conjunction with the New York State Strategic Sourcing Team. The commodity Contracts awarded as a result of this IFB will be centralized Contracts primarily for, but not limited to, New York State Agencies (see Section 6.34 Non-State Agencies Participation in Centralized Contracts). Accordingly, references to the State and its agencies as Authorized Users under this IFB and the ensuing Contract(s) encompass and include all such entities within the definition of “Authorized User” set forth in Appendix B, §5 Definitions.

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, Bidders must follow the format and instructions in

Section 3.13 Format and Content of Bid Submittal.

1.1  OVERVIEW AND SCOPE

The State of New York proposes to establish Primary and Secondary statewide Contracts for specific product segments within the Basic Laboratory Supplies and Equipment category with authorized distributors or manufacturers based on the terms and conditions contained herein. It is the intent of this solicitation to award up to two (2) Contracts. The resulting Contract(s) are meant to be comprehensive, covering a broad range of basic laboratory supplies and equipment to be utilized in the laboratory environment. Services, including but not limited to removal, service and maintenance, and inventory management are excluded from the scope of this IFB.

This IFB is composed of eight (8) Sub-Lots, which are specified in Section 1.3 Detailed Scope. A Bidder is required to bid on every Sub-Lot. A Bidder is required to bid on a minimum number of items in a Sub-Lot.

1.1.1  Standardized Items

A Standardized List of items will be used to collect pricing for evaluation. This is a list of items that are frequently purchased across the State. The State has provided this list of frequently purchased items to allow bidders to provide better net pricing and discounts per item than their Brand Name or Private Label catalog discount allows. Due to the high frequency of these purchases, Bidders are encouraged to provide a competitive Net Price per item. Historical annual spend for each item has been provided to Bidders in Attachment 1 – Price Pages. Please note that the items in the Standardized List contain items that cross other Sub-Lots.

1.1.2  Market Basket Items

A Market Basket will be used to collect pricing for evaluation purposes only. These Market Baskets will consist of 40 items and are further defined in Section 4.3 – Market Baskets. For each Market Basket, a Bidder must bid a Brand Name Discount which will apply to all Brand Name items. If a Bidder’s product offering includes Private Label items, a Bidder may also bid a Private Label Discount which will apply to all Private Label items. For each Market Basket item, a Bidder will indicate if an item bid is a Brand Name or Private Label item. The applicable Brand Name Discount or Private Label Discount percentage will be applied to the Bidder’s provided List Price to determine the Net Price for each individual item. If a Bidder does not bid a Private Label Discount, but identifies an item as Private Label, the Brand Name Discount percent will be applied to that item’s List Price.

1.2  JOINT VENTURES

OGS encourages Joint Ventures and sub-contracting with New York State Certified Minority and Women-owned Business Enterprises (MWBE) as well as specialized supply companies for particular items within each Sub-Lot.

Joint ventures between two (2) or more companies are permitted, however one (1) single company must be designated as the primary Bidder and only one (1) single bid package shall be submitted.

1.3  DETAILED SCOPE

·  Basic Laboratory Supplies and Equipment

Estimated Spend / Sub-Lot / Sub-Lot Name / Sub-Lot Description /
6.8M / 1 / Standardized List / List of frequently purchased items that have been standardized. The Standardized List contains items that cross other Sub-Lots.
.5M / 2 / Apparel/Personal Protective Supplies / Items designed to protect the wearer’s body from injury and infection. Examples are hearing protection, gloves, shoe covers, lab coats, face shields, and respirators.
2.8M / 3 / Basic Equipment / Standalone equipment used in a laboratory environment which generally requires no independent software or peripherals to operate. Examples are biological safety cabinets, refrigerators, freezers, and centrifuges.
Appliances / Portable or semi-portable machines, generally used on table-tops, counter-tops, or other platforms, to accomplish a laboratory task. Examples are blenders, burners, shakers, and hot plates.
Furniture and Fixtures / Furniture used in a laboratory environment. Examples are chemical cabinets, carts, and tables.
4.5M / 4 / Equipment Peripherals and Supplies / Auxiliary devices or supplies that support a laboratory device. Examples are pipette tips, refrigerator and freezer racks, and x-ray film.
4.8M / 5 / General Consumables and Supplies / Items used widely within a laboratory environment. Examples are applicators, wraps, swabs, and syringes.
1.4M / 6 / Glassware and Plasticware / Items used for a wide variety of functions, including volumetric measuring, holding or storing. Examples are beakers, pipets, petri dishes, casseroles, and tubes.
.5M / 7 / Instruments / Portable items used to test and measure. Examples are meters, micropipetters, and calculators.
.5M / 8 / Sterilization, Cleaning and Housekeeping Supplies / Items designed to keep an environment clean and free from bacteria. Examples are cleaners, wipes, autoclave bags, and sharps containers.

Further details surrounding Sub-Lot structure and how it relates to the method of award will follow later in this document.

1.4  ESTIMATED SPEND AND QUANTITIES

The spend listed in this IFB is estimated only. No specific quantities are represented or guaranteed. See “Estimated/Specific Quantity Contracts” and “Participation in Centralized Contracts” in Appendix B, OGS General Specifications. The estimated total yearly value is $21.7M on a statewide basis.