GROUP 79013 – Recycling and Trash Removal Services PAGE 4
Corning Tower, Empire State Plaza, Albany, NY 12242 | http://nyspro.ogs.ny.gov | | 518-474-6717Periodic Recruitment Request for Proposal
IMPORTANT: SEE “NOTICE TO BIDDERS” CLAUSES HEREIN
BIDS MAY BE SENT TO THE ABOVE ADDRESS ONLY
REVISED February 22, 2017
(E-Mail or Facsimile Bid Submissions Are NOT Acceptable)
BID OPENINGDATE: March 8, 2017
TIME: 11:00 AM / TITLE: Group 79013 – Recycling & Trash Removal Services
(Statewide)
Classification Code:76
REQUEST FOR PROPOSAL NUMBER:
22760 PRB / SPECIFICATION REFERENCE:
As Incorporated in the Request For Proposal
CONTRACT PERIOD: Date of issuance to November 30, 2020
DESIGNATED CONTACTS:
PRIMARY CONTACT / SECONDARY CONTACTS
Lori L. Bahan
Contract Management Specialist 1
Telephone: (518) 486-7313
Email: / Todd Gardner
Contract Management Specialist 3
Telephone: (518) 474-3540
Email: / Jill McCabe
Assistant Director
Telephone No. (518) 474-4543
E-mail address:
For INSURANCE Questions Only
Email Address:
Leighann Brown | Telephone No. (518) 457-6595
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
_____ #Employees / ¨ Minority Owned Business / ¨ 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 PROCUREMENT SERVICES USE ONLY
P.R. # 22760 / LIT ¨ / MEMO ¨ / LET ¨ / OTHER ¨ / MISSING PAGES
Bidder Certification and Affirmation
Bidder certifies and affirms as follows:
1. This Bid is an irrevocable offer for 60 days from the date of submission to the New York State (“NYS”) Office of General Services (“OGS”), or for such longer period as is set forth in the Invitation for Bids.
2. The Bidder can and will provide and make available, at a minimum, the Products, deliverables and/or services as described in the Invitation for Bids.
3. The Bidder has read and understands the provisions of the Invitation for Bids, and all appendices, attachments, and exhibits attached thereto, including AppendixA (Standard Clauses for New York State Contracts) and Appendix B (General Specifications).
4. The information contained in this Bid is complete, true, and accurate.
5. The Bidder understands and agrees to comply with the requirements of the Procurement Lobbying Law, State Finance Law §139-j and § 139-k, and with OGS’s procedures relating to permissible contacts during a procurement as required by State Finance Law §139-j(3) and §139-j(6)(b). Such requirements and procedures are posted at http://ogs.ny.gov/aboutOgs/regulations/defaultSFL_139j-k.asp.
The signer affirms under penalties of perjury that he or she is duly authorized to legally bind the Bidder referenced above and that he or she signed this Bidder Certification as the legally binding act of the Bidder.
______
Print Full Bidder Entity Name
By: ______
Signature of Person Authorized to
Legally Bind the Bidder
______
Print Name of Signatory
______
Print Title of Signatory
______
Date
RETURN THIS PAGE AS PART OF BID
TABLE OF CONTENTS
SECTION 1: INTRODUCTION 6
1.1 SCOPE 6
1.2 ESTIMATED QUANTITIES 6
SECTION 2: PROCUREMENT SCHEDULE 7
2.1 KEY EVENTS/DATES 7
2.2 INQUIRIES/ISSUING OFFICE 7
2.3 PRE-BID WEBINAR - DISCRETIONARY 7
2.4 DEFINITIONS 8
2.5 NEW YORK STATE CONTRACT REPORTER 11
SECTION 3: PROPOSAL REQUIREMENTS 12
3.1 QUALIFICATIONS OF PROSPECTIVE BIDDERS 12
3.2 ADMINISTRATIVE PROPOSAL REQUIREMENTS 13
3.3 TECHNICAL PROPOSAL REQUIREMENTS 13
3.3.1 Executive Summary 14
3.3.2 Service Facility Information 14
3.3.3 Account References 14
3.3.4 MWBE/SBE Quantitative Factor Credit 15
3.4 COST PROPOSAL REQUIREMENTS 15
3.5 PROPOSAL DEVIATIONS 16
SECTION 4: PROCUREMENT/ADMINISTRATIVE BACKROUND 16
4.1 NEW YORK STATE PROCUREMENT RIGHTS 16
4.2 BIDDER DEBRIEFING 17
SECTION 5: FORMAT AND CONTENT OF BID SUBMITTAL 18
5.1 RESPONSIVENESS 18
5.2 INCORPORATION 18
5.3 PROPOSAL FORMAT 18
5.4 PROPOSAL CONTENT 19
5.4.2 TECHNICAL PROPOSAL 19
5.4.3 COST PROPOSAL 19
5.5 PACKAGING OF RFP RESPONSE 19
5.6 PROPOSAL DELIVERY INSTRUCTIONS 20
5.7 Liability and Validity 20
5.8 IMPORTANT BUILDING ACCESS PROCEDURES 20
SECTION 6: METHOD OF AWARD/EVALUATION PROCESS 20
6.1 STATE EVALUATION PHILOSOPHY 20
6.2 METHOD OF AWARD 21
6.2.1 Method of Award for Master Contracts 21
6.2.2 Method of Award for Mini-Bid Contracts 21
6.3 EVALUATION PROCESS 21
6.3.1 ADMINISTRATIVE EVALUATION 21
6.3.2 TECHNICAL EVALUATION 21
6.3.3 COST PROPOSAL EVALUATION 22
6.4 PROPOSAL RANKING 26
6.5 NOTIFICATION OF AWARD 26
6.6 VENDOR RESPONSIBILITY ON ACCURACY 26
6.7 ELECTRONIC BID OPENING RESULTS 26
SECTION 7: SPECIFICATIONS 26
7.1 GENERAL REQUIREMENTS 26
7.2 SECURITY REQUIREMENTS 26
7.3 BACKGROUND CHECKS 27
7.4 REQUIREMENTS FOR BINS 28
7.5 REQUIREMENTS FOR DUMPSTERS 28
7.6 REQUIREMENTS FOR COMPACTORS 28
7.7 REQUIREMENTS FOR ROLL-OFF CONTAINERS 29
7.8 ON-SITE WORK 29
7.9 OSHA TRAINING REQUIREMENTS (OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION) 29
7.10 NEW YORK STATE TOXIC SUBSTANCE ACT (RIGHT TO KNOW LAW) 30
7.11 TRAINING AND EDUCATIONAL OUTREACH 30
7.12 WASTE COMPOSITION ANALYSIS 30
7.13 JOB MEETINGS 30
7.14 SUPPLY, MAINTENANCE AND REPAIR OF CONTAINERS 31
7.15 EQUIPMENT OWNERSHIP 31
7.16 ELECTRICAL CONNECTIONS 31
7.17 LABELING REQUIREMENTS 31
7.18 ADDITIONAL SERVICES 32
7.19 EXAMINATION OF CONTRACT DOCUMENTS 32
7.20 RECYCLING AND TRASH REMOVAL SERVICES 32
7.20.1 TRASH REMOVAL SERVICES 32
7.20.2 RECYCLING SERVICES 33
7.21 RECYCLING LOTS THAT CONTAIN A REVENUE SHARING COMPONENT 35
7.22 PRICING 35
7.23 DOCUMENTATION OF MATERIAL WEIGHTS AND DISPOSAL/RECYCLING LOCATIONS 38
7.24 REGIONS 39
SECTION 8: GENERAL TERMS AND CONDITIONS 39
8.1 CONTRACT PERIOD 39
8.2 SHORT TERM EXTENSION 39
8.3 PRICE ADJUSTMENTS 40
CPI Adjustments 40
8.4 LIQUIDATED DAMAGES 41
8.5 PREVAILING WAGE RATE - PUBLIC WORKS AND BUILDING SERVICES CONTRACTS AND LIVING WAGES 41
8.6 PERIODIC RECRUITMENT 42
8.7 REPORTING REQUIREMENTS 42
8.8 NON-STATE AGENCIES PARTICIPATION IN CENTRALIZED CONTRACTS 43
8.9 NEW YORK STATE STATEWIDE FINANCIAL SYSTEM 43
8.10 PERFOMANCE/BID BONDS 43
8.11 SUMMARY OF POLICY AND PROHIBITIONS ON PROCUREMENT LOBBYING 43
8.12 APPENDIX A 44
8.13 APPENDIX B 44
8.14 NEW YORK STATE VENDOR FILE REGISTRATION 44
8.15 NEW YORK STATE VENDOR RESPONSIBILITY 44
8.16 TAX LAW §5-A 45
8.17 46
CONTRACTOR REQUIREMENTS AND PROCEDURES FOR PARTICIPATION BY NEW YORK STATE CERTIFIED MINORITY- AND WOMEN-OWNED BUSINESS ENTERPRISES AND EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITY GROUP MEMBERS AND WOMEN 46
8.19 CENTRALIZED CONTRACT MODIFICATION PROCESS 48
8.20 OVERLAPPING CONTRACT ITEMS 48
8.21 CONFLICT OF TERMS 48
8.22 INSURANCE REQUIREMENTS 48
SECTION 9: PROCUREMENT INSTRUCTIONS 48
9.1 Procurements Under Discretionary Thresholds: 48
9.2 Procurements ABOVE Discretionary Thresholds: 48
9.3 MINI-BID CONTRACT NUMBER 49
9.4 METHOD OF PAYMENT 49
9.5 M/WBE UTILIZATION GOAL REQUIREMENTS IN THE MINI-BID 49
APPENDICES AND ATTACHMENTS
APPENDICES
Appendix A - Standard Clauses for New York State Contracts (January 2014)
Appendix B - General Specifications (May 2015)
Appendix C - Contract Modification Procedure
ATTACHMENTS
Attachment 01 - Price Pages
Attachment 02 - Certification of Tipping and/or Recyclable Processing Fees
Attachment 03 - Inquiries
Attachment 04 – General Information
Attachment 05 - NYS Required Certifications
Attachment 06 - Contractor’s Insurance Requirements
Attachment 07 - Encouraging Use of NYS Businesses
Attachment 08 – Executive Summary
Attachment 09 – Service Facility Information Form
Attachment 10 – Account Reference Form
Attachment 11 – Project Definition Template
Attachment 12 – Proposal Checklist
Attachment 13 - Use of Service-Disabled Veteran-Owned Business Enterprises
In Contract Performance
SECTION 1: INTRODUCTION
1.1 SCOPE
This Periodic Recruitment Request for Proposals (RFP) is issued by the New York State Office of General Services (OGS) Procurement Services (PS) pursuant to the provisions of Article XI of the State Finance Law to obtain Recycling and Trash Removal services.
Included in this RFP is a large selection of recycling services in addition to trash removal in recognition of the importance of reducing, reusing, recycling and composting as much waste as possible and to offer State Agencies a vehicle for meeting the recycling requirements outlined in Executive Order #4 (signed April 24, 2008). Also included in some recycling lots is a Revenue Sharing Component which allows Authorized Users and Contractors to split revenue generated from the sale of recyclables and which is intended to provide an incentive to increase the amount of materials recycled.
Please note that included in this RFP are several revisions to RFP 22760 including the use of out of state facilities, leased facilities and the acceptance of alternative documentation if no facilities exist to meet the minimum requirements. Please see Section 3.1 Qualifications of Prospective Bidders for more information.
The intent of this RFP is to establish backdrop contracts for Recycling and Trash Removal Services in various regions across the State by requesting bids from Vendors, establishing maximum rates that may be charged and awarding Master Contracts to those vendors who meet the requirements of this RFP. Those vendors awarded a Master Contract will then be prequalified to bid on specific projects that will be let by Authorized Users at a later date through the use of a Project Definition and Mini-Bid process. A Project Definition template is attached to this document as Attachment No. 11 for reference.
This RFP also contains a provision for periodic recruitment that allows the State to accept additional proposals after the initial award. Periodic recruitment may be performed at the option of the State when it is determined to be in the State’s best interests, and is discussed further in Section 8.6 Periodic Recruitment.
The centralized contract(s) which will be awarded as a result of this RFP are for use by Authorized Users, which shall have the meaning set forth in the State Finance Law Section 163(1)(k) and includes, but is not limited to, New York State agencies, political subdivisions, local governments, public authorities, public school and fire districts, public and nonprofit libraries, and certain other nonpublic/nonprofit organizations. See Section 8.8, Non-State Agencies Participation in Centralized Contracts for a discussion of political subdivisions and others authorized by New York State law who may use this contract.
This RFP outlines the terms and conditions, and all applicable information required for submitting a bid. Bidders 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 Bid Submittal format and instructions in Section 5, Format and Content of Bid Submittal.
1.2 ESTIMATED QUANTITIES
The Contract resulting from this RFP will be an Indefinite Delivery, Indefinite Quantity (IDIQ) Contract. All quantities or dollar values listed within this RFP are estimates.
Numerous factors could cause the actual volume of sales under the Contract resulting from this RFP to vary substantially from the estimates in the RFP. Such factors include, but are not limited to, the following:
· Such Contracts will be nonexclusive Contracts;
· There is no guarantee of volume to be purchased, nor is there any guarantee that demand will continue in any manner consistent with previous purchases;
· The individual value of the Contract is indeterminate and will depend upon actual Authorized User demand, and actual quantities ordered during the contract period; and,
· The State reserves the right to terminate any Contract for cause or convenience prior to the end of the term pursuant to the terms and conditions of the Contract.
In PS’s experience, depending on the price of a particular item, the actual volume of purchases for that item could be substantially in excess of, or substantially below, estimated volumes. Specifically, if actual contract pricing is lower than anticipated or historical pricing, actual quantities purchased could be substantially greater than the estimates; conversely, if actual contract pricing is higher than anticipated or historical pricing, actual quantities purchased could be substantially lower than the estimates. By submitting its bid, Bidder acknowledges the foregoing and agrees that actual good faith purchasing volumes during the term of the resulting Contract could vary substantially from the estimates provided in this RFP.
The estimated value of all contracts awarded under the current award for Recycling and Trash Removal Services (Group 79013, Award 22760) is approximately $6.4 million per year. In addition, please note that each contract issued as a result of this RFP shall be for the quantities or dollar values actually ordered during the contract period.
SECTION 2: PROCUREMENT SCHEDULE
2.1 KEY EVENTS/DATES
Event / Date / TimeRFP Release Date / January 10, 2017
Pre-Bid Webinar / January 18, 2017 / 10:00 AM ET
Closing Date for Inquiries / January 25, 2017 / 5:00 PM ET
OGS Procurement Services’ Responses to Inquiries (Estimated) / February 1, 2017 / N/A
Submission of RFP and Bid Opening (Revised) / March 8, 2017 / 11:00 AM ET
2.2 INQUIRIES/ISSUING OFFICE
All inquiries concerning this specification will be addressed to one of the following OGS Procurement Services associates and issuing office:
PRIMARY CONTACT / SECONDARY CONTACTSLori L. Bahan
Contract Management Specialist 1
Telephone: (518) 486-7313
Email: / Todd Gardner
Contract Management Specialist 3
Telephone: (518) 474-3540
Email: / Jill McCabe
Assistant Director
Telephone No. (518) 474-4543
E-mail address:
All questions must be submitted in writing using Attachment 03 – General Inquiries Template, citing the applicable RFP document name and document section. The completed Attachment 03 – General Inquiries Template must be emailed to the designated contacts listed above by the “Closing Date for Inquiry Period” indicated in Section 2.1, and Bidders are strongly encouraged to submit questions at the earliest possible opportunity. When emailing inquiries, please place “RFP22760 Inquiry” in the subject line for identification purposes. A Bidder should note that all clarifications and exceptions, including those relating to the terms and conditions of the contract, are to be resolved prior to the submission of a Bid.