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 Replaces IFB #22466, Revised 5/8/13 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: June 18, 2013 TIME: 11:00 AM
TITLE:
Group 35200 – FIREARMS, AMMUNITION, HANDCUFFS, BATONS, & HOLSTERS (State Agencies, Political Subdivisions & Other Authorized Users)
Classification Code(s): 46 SPECIFICATION REFERENCE:
INVITATION FOR BIDS NUMBER:
As Incorporated in the Invitation For Bids
22641 CONTRACT PERIOD:
October 1, 2013 to September 30, 2018
DESIGNATED CONTACTS: Neilene Rabideau Joseph Hodder Contract Management Specialist Team Leader Telephone No. (518) 473-6518 Telephone No. (518) 474-3668 E-mail address:
[email protected] E-mail address:
[email protected] 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:
NYS Vendor Identification Number:
(Do Not Use Social Security Number)
(See “New York State Vendor File Registration” clause)
If applicable, place an “x” in the appropriate box (check all that apply): Legal Business Name of Company Bidding:
NYS Small Business _____ #Employees
Minority Owned Business
Women Owned Business
D/B/A - Doing Business As (if applicable): Street
City
State
Zip
County
If applicable, place an “x” in the appropriate box Manufactured Within Manufactured Outside (check all that apply): New York State New York State 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: Printed or Typed Name: Title: Phone : ( ) Fax : ( ) E-mail Address: P.R. #
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Date: Toll Free Phone : ( Toll Free Fax : ( Company Web Site:
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GROUP 35200 – FIREARMS, AMMUNITION, HANDCUFFS, BATONS & HOLSTERS (State Agencies, Political Subdivisions & Other Authorized Users)
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Contents Section 1
INTRODUCTION................................................................................................................................ 5
1.1
BID SYNOPSIS: ....................................................................................................................................... 5
1.2
ESTIMATED QUANTITIES: .................................................................................................................. 5
1.3
ESTIMATED PROCUREMENT CALENDAR ....................................................................................... 5
1.4
ISSUING OFFICE/NYSPro DESIGNATED CONTACT(S) ................................................................... 6
1.5
INQUIRIES: .............................................................................................................................................. 6
1.6
PRE-BID CONFERENCE ........................................................................................................................ 6
Section 2
DETAILED PRODUCT SPECIFICATIONS ................................................................................ 7
2.1
SCOPE: ..................................................................................................................................................... 7
2.2
REGULATIONS ....................................................................................................................................... 7
2.3
LOT I - FIREARMS ................................................................................................................................. 7
2.4
LOT II – AMMUNITION ......................................................................................................................... 8
2.5
LOT III – HANDCUFFS .......................................................................................................................... 8
2.6
LOT IV – BATONS .................................................................................................................................. 8
Section 3
BID SUBMISSION INSTRUCTIONS ............................................................................................ 9
3.1
NOTICE TO BIDDERS ............................................................................................................................ 9
3.1.1
BID PREPARATION ............................................................................................................................... 9
3.1.2
BID DEVIATIONS ................................................................................................................................... 9
3.1.3
BID DELIVERY ....................................................................................................................................... 9
3.1.4
IMPORTANT BUILDING ACCESS PROCEDURES .......................................................................... 10
Section 4
QUALIFICATION OF BIDDER .................................................................................................. 10
4.1
AUTHORIZED DEALER/MANUFACTURER’S CERTIFICATE: ..................................................... 10
4.2
CAPABILITY AND BACKGROUND OF BUSINESS: ....................................................................... 10
4.3
REFERENCES:....................................................................................................................................... 10
4.4
FINANCIAL STABILITY:..................................................................................................................... 10
4.5
RECALLS: .............................................................................................................................................. 10
4.6
TOLL-FREE NUMBER: ........................................................................................................................ 10
Section 5
INFORMATION TO BE FURNISHED WITH BID................................................................... 11
5.1
GENERAL: ............................................................................................................................................. 11
5.2
NEW YORK STATE VENDOR FILE REGISTRATION: .................................................................... 11
5.3
NEW YORK STATE VENDOR RESPONSIBILITY ........................................................................... 12
5.4
TAX LAW 5-A AMENDED APRIL 26, 2006 (APPENDIX 2)............................................................. 13
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Contents (Cont'd.) Section 5
INFORMATION TO BE FURNISHED WITH BID (Cont'd.)
5.5
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 .......... 13
5.5.1
NEW YORK STATE LAW .................................................................................................................... 13
5.5.2
EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS .......................................................... 14
5.6
INSURANCE .......................................................................................................................................... 14
5.6.1
WORKERS’ COMPENSATION INSURANCE AND DISABILITY BENEFITS REQUIREMENTS (see Attachment 3 – Insurance Requirements) ........................................................................................ 14
Section 6
METHOD OF AWARD ................................................................................................................. 15
6.1
GENERAL: ............................................................................................................................................. 15
6.2
LOT I – FIREARMS:.............................................................................................................................. 15
6.3
LOT II- AMMUNITION: ....................................................................................................................... 15
6.4
LOTS III-V – HANDCUFFS, BATONS AND HOLSTERS (Duty Belts and Related Accessories): ... 15
Section 7
SPECIAL TERMS AND CONDITIONS ..................................................................................... 16
7.1
PRICE: .................................................................................................................................................... 16
7.2
PRICE LISTS: ......................................................................................................................................... 16
7.2.1
MANUFACTURER’S PRICE LIST: ..................................................................................................... 16
7.2.2
NYS PRICE LIST: .................................................................................................................................. 16
7.3
DISCOUNTS .......................................................................................................................................... 17
7.3.1
EXAMPLES............................................................................................................................................ 18
7.3.2
VOLUME DISCOUNTS: ....................................................................................................................... 19
7.4
DELIVERY: ............................................................................................................................................ 19
7.5
CONTRACT UPDATES ........................................................................................................................ 19
7.6
REPORT OF CONTRACT PURCHASES: ............................................................................................ 22
7.7
PURCHASE ORDERS AND INVOICING: .......................................................................................... 23
7.8
CONTRACT BILLINGS AND PAYMENTS: ....................................................................................... 23
7.9
EMERGENCY PURCHASING: ............................................................................................................ 24
7.10
PREFERRED SOURCE NOTE:............................................................................................................. 24
7.11
NEW YORK STATE PROCUREMENT CARD: .................................................................................. 24
Section 8
GENERAL TERMS AND CONDITIONS ................................................................................... 24
8.1
CONTRACT PERIOD AND RENEWALS: .......................................................................................... 24
8.2
SHORT TERM EXTENSION: ............................................................................................................... 24
8.3
EXTENSION OF USE:........................................................................................................................... 24
8.4
SUMMARY OF POLICY AND PROHIBITIONS ON PROCUREMENT LOBBYING: .................... 25 (continued)
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Contents (Cont'd.) Section 8
GENERAL TERMS AND CONDITIONS (Cont'd.)
8.5
MERCURY-ADDED CONSUMER PRODUCTS: ................................................................................ 25
8.6
APPENDIX A: ........................................................................................................................................ 25
8.7
APPENDIX B: ........................................................................................................................................ 25
8.8
CONFLICT OF TERMS AND CONDITIONS: ..................................................................................... 25
8.9
CANCELLATION FOR CONVENIENCE ............................................................................................ 25
Section 9
USE OF CONTRACT BY STATE AGENCIES, POLITICAL SUBDIVISIONS AND OTHER AUTHORIZED USERS ........................................................................................ 26
9.1
NON-STATE AGENCIES PARTICIPATION IN CENTRALIZED CONTRACTS: ........................... 26
9.2
OVERLAPPING CONTRACT ITEMS: ................................................................................................ 26
9.3
CONTRACT MIGRATION: .................................................................................................................. 26
9.4
"OGS OR LESS" GUIDELINES APPLY TO THIS CONTRACT:....................................................... 26
Section 10
ADMINISTRATIVE ...................................................................................................................... 27
10.1
ELECTRONIC BID OPENING RESULTS: .......................................................................................... 27
10.2
ANNOUNCEMENT OF CONTRACT AWARD: ................................................................................. 27
10.3
DISPUTE RESOLUTION POLICY: ...................................................................................................... 27
10.4
DEBRIEFING ......................................................................................................................................... 27
Appendix A – Standard Clauses for New York State Contracts (December 2012) Appendix B – General Specifications (July 2006) Appendix C – Equal Employment Opportunity Staffing Plan (EEO 100) Appendix D- Contract Update Form Appendix E - Report of Contract Purchases Attachment 1 Bid Pages Attachment 2 New York State Required Certifications Attachment 3 Contractor's Insurance Requirement Attachment 4 Manufacturer's Certificate Attachment 5 Bidder Questionnaire Attachment 6 Reseller-Distributor Information Attachment 7 Bidder Checklist for IFB 22641 Attachment 8 Inquiries Template for Pre-Bid Conference Attachment 9 OSC Substitute W-9 Form
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NOTICE TO CONTRACT VENDORS AND CONTRACT USERS: Vendors and authorized users must comply with all applicable federal, state and local laws pertaining to the disposal, sale, and transfer of firearms, including, but not limited to, the New York Secure Ammunition and Firearms Enforcement Act of 2013 (NY Safe Act) and any amendments thereto, New York State Penal Law Articles 265 and 400, and General Business Law Article 39-DDD. Section 1 1.1
INTRODUCTION
BID SYNOPSIS: This Invitation for Bids is to establish contracts for the purchase of firearms, ammunition, handcuffs, batons, holsters and related accessories for state agencies and authorized users. All products are to be new, not remanufactured, not seconds, not surplus. All purchases made under this contract must be for official use only. Purchases for personal use are prohibited. Use of firearms purchased pursuant to this contract must comply with all applicable federal, state and locals laws and regulations.
1.2
ESTIMATED QUANTITIES: The historical dollar value of all contracts issued under previous awards for these commodities was approximately $1,200,000 annually for firearms; approximately $6,200,000 annually for ammunition; and a combined total of approximately $550,000 annually for handcuffs, batons, and holsters. However, each contract awarded pursuant to this solicitation shall be for the quantities or dollar values actually ordered during the contract period. The individual value of each contract awarded pursuant to this solicitation is indeterminate and will depend upon the number of contracts issued and the competitiveness of the pricing offered. State agencies and authorized users will be encouraged to purchase from contractors who offer the supplies, services, and pricing that best meet their needs in the most practical and economical manner. See "Estimated/Specific Quantity Contracts" and "Participation in Centralized Contracts" in Appendix B, OGS General Specifications.
1.3
ESTIMATED PROCUREMENT CALENDAR The table below outlines the tentative schedule for important action dates. This schedule represents OGS’ best estimate of the schedule that will be followed. Unless otherwise specified, the time of day for the following events will be between 8:00 a.m. and 4:00 p.m. Eastern Time. OGS reserves the right, at its sole discretion, to adjust this schedule as it deems necessary. OGS will communicate any adjustment to this schedule via posting changes on the OGS website http://www.ogs.ny.gov/Purchase/BidCalendarLV.asp. EVENT Solicitation: IFB Release Date Deadline for submission of written questions for Pre-Bid Conference Deadline for registering for Pre-Bid Conference Pre-Bid Conference OGS Issues Pre-Bid Conference Summary
DATE April 12, 2013
May 8, 2013 May 9, 2013 1:00 PM May 14, 2013
Deadline for Bidder Submission of Final Questions
May 22, 2013
OGS Issues Answers to Final Questions and Bid Amendments as necessary
June 5, 2013
Solicitation: Submission of Bid and Bid Opening Evaluation and Tentative Awardee Notification Contract: Estimated Contract Start Date
June 18, 2013 11:00AM June 19 – September 30, 2013 October 1, 2013
April 26, 2013
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ISSUING OFFICE/NYSPro DESIGNATED CONTACT(S) All inquiries concerning this specification will be addressed to the following NYSPro designated contact(s) and issuing office: PRIMARY CONTACT Neilene Rabideau NYS Office of General Services New York State Procurement Corning Tower - 37th Floor Empire State Plaza Albany, New York 12242
SECONDARY CONTACT Joseph Hodder NYS Office of General Services New York State Procurement Corning Tower - 37th Floor Empire State Plaza Albany, New York 12242
Phone No.: (518) 473-6518 FAX No. (518) 474-8676
Phone No.: (518) 474-3668 FAX No. (518) 474-8676 Email:
[email protected]
1.5
INQUIRIES: All questions should be submitted in writing using “Attachment 8 Inquiries Template for Pre-Bid Conference” by the date in Section 1.3 Estimated Procurement Calendar, citing the particular bid section and paragraph number. A bidder is strongly encouraged to submit questions to clarify any term or requirement in the IFB. A copy of all questions and answers of a substantive nature will be given to all prospective bidders in the form of a formal addendum which will be posted on the OGS website and become part of the ensuing contract. The bidder should notify the designated contacts set forth above prior to the bid opening of any term, condition, etc. that precludes the bidder from submitting a compliant, responsive bid. Bidders are cautioned to read this document thoroughly to become familiar with all aspects of the bid. Bidders should note that all clarifications and exceptions including those relating to the terms and conditions of the contract are to be resolved prior to submission of a bid. Bidders entering into a contract with the State are expected to comply with all the terms and conditions contained herein. If clarifications or exceptions result in changes to the IFB, the State will issue a solicitation update that sets forth a summary of the changes and will be posted on the OGS website and become part of the ensuing contract.
1.6
PRE-BID CONFERENCE A Pre-Bid Conference will be hosted by OGS to review this IFB. Attending the Pre-Bid Conference is not mandatory, but it is highly recommended. The pre-bid conference will be a phone conference with a PowerPoint presentation. To register for the Pre-Bid Conference, the following information must be provided in an email to
[email protected] by the date and time listed in Section 1.3 Estimated Procurement Calendar for Close of Registration for Pre-Bid Conference: • • • •
Company Name Attendee name(s) Title(s) Email address(es)
Registrants will receive an invitation and logistics upon receipt of registration by OGS. Vendors are encouraged to submit questions in advance using the format specified in Section 1.5 of the solicitation to the designated contacts’ email address,
[email protected], by the date listed in Section 1.3 Estimated Procurement Calendar. At the discretion of OGS, materials may be provided prior to the Pre-Bid Conference to the email address(es) submitted with registration. At the discretion of OGS, inquiries submitted prior to the Pre-Bid Conference may be addressed by OGS at the Pre-Bid Conference. Any responses to inquiries are not binding; only the responses in the official response to inquiries posted on the OGS website shall be binding. Questions and/or comments shall not be raised by Bidders during the Pre-Bid Conference. (continued) 22641i3.doc/A&A/NR
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The Pre-Bid Conference Summary will be posted on the NYSPro web site at http://www.ogs.ny.gov/Purchase/BidCalendarLV.asp. Any additional or follow-up questions will be accepted via the mailbox,
[email protected] for six (6) business days following the posting of the conference summary. Answers to additional questions will be posted on the noted web site. Section 2 2.1
DETAILED PRODUCT SPECIFICATIONS
SCOPE: This solicitation is conducted by the New York State Office of General Services for the acquisition of firearms, ammunition, handcuffs, batons & holsters on behalf of state agencies and other authorized users. Contracts established from this Invitation for Bids shall provide state agencies and authorized users with the means to acquire the most reasonably priced, top-quality firearms, ammunition, handcuffs, batons, and holsters which are to be used for official use only.
2.2
REGULATIONS Contractors shall comply with all federal, state and local laws and regulations concerning the sale of products available under contracts awarded pursuant to this IFB. Contractors shall keep records of all sales, disposals and transfers in compliance with all applicable laws and regulations and shall provide said records to OGS and/or any other governmental entity with oversight responsibility, upon request. Contractor is responsible for maintaining all necessary permits and licenses required to sell products available under contracts awarded pursuant to this IFB.
2.3
LOT I - FIREARMS SCOPE: This lot is for the acquisition of law enforcement firearms, sporting arms and their applicable accessories. All items acquired under this Lot are to be used for official use only. QUALITY: Law Enforcement auto-loading pistols must meet the current standard set by the National Institute of Justice (NIJ): (presently: NIJ Standard-0112.03) and carry the NIJ certification. All firearms shall comply with all manufacturers’ specifications for materials and workmanship. The known law enforcement manufacturers are: Beretta, Colt, Glock, Heckler & Koch, Mossberg, Remington, Ruger, Savage, Sig Sauer, Smith & Wesson, U.S. Repeating Arms, Benelli, Bushmaster, FNH USA, and Kahr Arms. Other manufacturers may be offered under Lot I Item “Other” located in the bid pages (Attachment 1). SUPPORT SERVICES: The manufacturer shall assist state agencies and authorized users with the proper procedures for care and maintenance of the firearms to ensure the longest period of safest use possible. Services shall include, but are not limited to, providing instructions for routine maintenance with each firearm, providing instructions for armory maintenance with exploded view and parts list for each firearm model, assistance with obtaining factory training for armorers, compliance with the delivery timeframes set forth herein for factory gunsmithing, if needed, and the provision of parts. The New York State Police and other authorized law enforcement users have a need for factory trained armorers. Therefore, bidders must either provide such services or provide information regarding manufacturer factory certification programs for armorers. For those bidders who do not offer these services directly, information regarding how they can be obtained from the manufacturer is required as part of this bid. This information can take the form of an applicable web link or telephone number and contact information. For those bidders who provide the services directly, pricing and certification program information should be included with the bid. Pricing information for these services will not be evaluated during the award process. TYPES OF FIREARMS: The primary purpose of this contract is to provide a source for the law enforcement departments of state agencies and authorized users to acquire law enforcement firearms and applicable accessories to be used for official use only. There are, however, other state agencies and authorized users that may utilize the resultant contract to acquire sporting arms and applicable accessories to be used for official use only. Therefore, bidders are asked to submit both their manufacturer’s law enforcement and sporting arms product lines. (continued)
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LOT II – AMMUNITION SCOPE: This lot is for the acquisition of ammunition, to be used for official use only. LEGAL REQUIREMENTS: On or before January 15, 2014, contractors must provide proof that they have either registered with the Superintendent of the New York State Police as a seller of ammunition or provide proof that they do not need to register because they are a validly licensed firearms dealer in compliance with Section 400.00 of the New York State Penal Law. QUALITY: The Sporting Arms and Ammunition Manufacturers Institute (SAAMI) has established maximum chamber pressure levels for ammunition. All ammunition offered under the resulting contracts must not exceed these levels and must meet all other applicable SAAMI specifications. The known law enforcement manufacturers meeting these requirements are: Federal, Simunition, Speer (CCI, Lawmen, Blazer), Remington, Winchester and Hornady. Other manufacturers meeting these requirements may be offered under Lot II Item “Other” located in the bid pages (Attachment 1). MINIMUM ORDER: Minimum order for ammunition shall be one full case of a single load.
2.5
LOT III – HANDCUFFS SCOPE: This lot is for the acquisition of physical restraints used in law enforcement including, but not limited to, handcuffs, leg irons and belt chains. The resulting award shall be for the manufacturer’s complete line of restraints. QUALITY: Standard handcuff and leg irons shall be constructed of stainless steel and shall be provided with a minimum of two keys. All metallic restraints offered must meet the current standard set by the National Institute of Justice (NIJ): (presently: NIJ Standard-0307.01) and carry the NIJ certification. The known law enforcement manufacturers meeting these requirements are: Peerless Handcuff Co., Smith & Wesson, and C&S Security. Other manufacturers meeting these requirements may be offered under Lot III Item “Other” located in the bid pages (Attachment 1).
2.6
LOT IV – BATONS SCOPE: This lot is for the acquisition of shall be for several types of tactical batons including but not limited to wood, plastic, metal or retractable composite models, including their holders. QUALITY: All batons shall comply with all manufacturer’s specifications for materials and workmanship. The known law enforcement manufacturers meeting these requirements are Monadnock and Kohaut & Co. Other manufacturers meeting these requirements may be offered under Lot III Item “Other” located in the bid pages (Attachment 1).
2.7
LOT V – HOLSTERS, DUTY BELTS & RELATED ACCESSORIES SCOPE: This lot is for the acquisition of holsters, duty belts and related accessories worn by law enforcement officers. This lot shall also include related accessories, such as handcuff, magazine and radio pouches, ammunition carriers, etc. The holsters, duty belts and related accessories may be manufactured in materials including, but not limited to, leather and nylon.
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LOT V – HOLSTERS, DUTY BELTS & RELATED ACCESSORIES (Cont’d.) QUALITY: All holsters, duty belts and related accessories shall comply with all manufacturer’s specification for materials and workmanship. The known law enforcement manufacturers meeting these requirements are: Bianchi, DeSantis, Don Hume, Safariland, Blackhawk Outdoors, and Gould & Goodrich. Other manufacturers meeting these requirements may be offered under Lot V Item “Other” located in the bid pages (Attachment 1).
Section 3
BID SUBMISSION INSTRUCTIONS
IMPORTANT NOTICE TO POTENTIAL BIDDERS: Receipt of these bid documents does not indicate that the Office of General Services' New York State Procurement has pre-determined your company's qualifications to receive a contract award. Such determination will be made after the bid opening and will be based on our evaluation of your bid submission compared to the specific requirements and qualifications contained in these bid documents. 3.1
NOTICE TO BIDDERS The Commissioner of General Services will receive bids pursuant to the provisions of Article XI of the State Finance Law or the provisions of the State Printing and Public Documents Law. The following procedures shall be used for bid submittals: 3.1.1
BID PREPARATION Prepare your bid on this form using indelible ink. Print the name of your company on each page of the bid in the block provided. One copy of the bid is required, unless otherwise specified herein. 3.1.2
BID DEVIATIONS If your bid differs from the specifications explain such deviation(s) or qualification(s); and if necessary, attach a separate sheet. See “Extraneous Terms” in Appendix B, OGS General Specifications. 3.1.3
BID DELIVERY Bidders assume all risks for timely, properly submitted deliveries. Bidders are strongly encouraged to arrange for delivery of bids to OGS prior to the date of the bid opening. LATE BIDS may be rejected. E-mail and faxed bid submissions are not acceptable and will not be considered. •
Bid envelopes and packages
An envelope and/or package containing a bid should be clearly marked "BID ENCLOSED" and should state the Bid Number, Bid Opening Date, and Time. Failure to complete all information on the bid envelope and/or packages may necessitate the premature opening of the bid and may compromise confidentiality. See "Bid Submission" in Appendix B, OGS General Specifications. Bids shall be delivered to: State of New York Executive Department Office of General Services New York State Procurement Corning Tower - 38th Floor Reception Desk Empire State Plaza Albany, NY 12242 •
Hand deliveries
Bidders must allow extra time to comply with the security procedures in effect at the Empire State Plaza when hand delivering bids or using deliveries by independent courier services. Bidders assume all risks for timely, properly submitted deliveries.
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IMPORTANT BUILDING ACCESS PROCEDURES
To access the Corning Tower, all visitors must check in by presenting photo identification at the information desk. Bidders attending bid openings are encouraged to pre-register for building access by contacting the New York State Procurements (NYSPro) receptionist at 518-474-6262 at least 24 hours prior to the bid opening. Visitors who are registered can check in directly with the Information Desk. Visitors who are not pre-registered will be directed to a designated phone to call the NYSPro Receptionist. The Receptionist will register the visitor at that time but delays may occur. Vendors who intend to deliver bids or conduct NYSPro business should allow extra time to comply with these procedures. Building Access procedures may change or be modified at any time.
Section 4
QUALIFICATION OF BIDDER
4.1
AUTHORIZED DEALER/MANUFACTURER’S CERTIFICATE: Bids shall be accepted only from established manufacturers or their authorized dealers. Any dealer submitting a bid hereby guarantees that it is an authorized dealer of the manufacturer, that the manufacturer has agreed to supply the dealer with all quantities of products required by the dealer in fulfillment of its obligations under any resultant contract with the State, and that it will provide a certificate from the manufacturer acknowledging this level of support (See Attachment 4 -Manufacturer's Certificate).
4.2
CAPABILITY AND BACKGROUND OF BUSINESS: Bidder shall be capable of processing and shipping large numbers of orders to various destinations. Also, the bidder may be required to demonstrate to the sole satisfaction of the State that the bidder has the financial viability, creditworthiness, commercial soundness and depth of financial resources to insure the completion of all contractual obligations. The Commissioner reserves the right to investigate or make any inquiry into the capabilities of any bidder to properly perform under any resultant contract. See "Performance and Responsibility Qualifications," "Disqualification for Past Performance and Findings of Non-Responsibility" and "Employees/Subcontractors/Agents" in Appendix B, OGS General Specifications.
4.3
REFERENCES: Upon request, all bidders, excluding current contractors, must provide a minimum of five references including references from two of the bidder's largest customers. References shall be commercial or governmental accounts, and should demonstrate the ability of the vendor to perform jobs similar in scope to the size, nature and complexity of the outlined bid. The references shall include the following: •
Name, address, contact person, telephone number, e-mail address, number of years bidder has serviced the referenced account; and volume of business performed within the past three years for each referenced account.
4.4
FINANCIAL STABILITY: If requested, bidder shall document its ability to service a contract with dollar sales volume similar to scope of this bid through submission of financial statements documenting past sales history. The bidder must be financially stable and able to substantiate the financial statements of its company. In addition to sales history, current financial statements may be requested and must be provided within five business days. The state reserves the right to request additional documentation from the bidder and to request reports on financial stability from independent financial rating services. The state reserves the right to reject any bidder who does not demonstrate financial stability sufficient for the scope of this bid.
4.5
RECALLS: The contractor shall immediately notify the OGS, New York State Procurement of any recalls pertaining to contract items.
4.6
TOLL-FREE NUMBER: Contractors must provide a toll-free telephone number for the state's procurement usage. If bidder does not currently maintain a toll-free number, the bidder must be willing to establish one prior to award of contract.
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INFORMATION TO BE FURNISHED WITH BID
GENERAL: To demonstrate that the product bid meets the bid requirements, the bidder shall submit detailed specifications or other product information on the products to be furnished (via circulars or by providing a link to the website where the specification can be found). Failure to submit any of the above data may result in rejection of the bid. The State, however, reserves the right to request any additional information deemed necessary for the proper evaluation of bids. In addition to the above, the following MUST be submitted with bid: •
NYS Price List in Excel (see Section 7.2.2 for format), one copy on unprotected, electronic media (i.e. CD, DVD, thumb drive or flash drive).
•
Referenced Manufacturer’s Price List (see bid pages Attachment 1), one copy on electronic media (i.e. CD, DVD, thumb drive or flash drive).
•
Bid Pages (Attachment 1) in Excel format one copy on electronic media (i.e. CD, DVD, thumb drive or flash drive). The bidder shall indicate in the spaces provided on attached bid pages (Attachment 1) of the bid: • Manufacturer's name •
Address where the proposed product or products will be produced
•
Discounts (see Discount Clause and Examples)
•
All other information requested (in yellow background).
BIDDERS TAKE SPECIAL NOTE OF THE FOLLOWING: Any bid pricing or portion(s) thereof submitted on electronic media that cannot be opened/accessed shall be rejected. This includes protected worksheet(s)/workbook(s) and locking cell(s). If labeling a CD or DVD, DO NOT affix label or write on the data side (bottom side) of disc. 5.2
NEW YORK STATE VENDOR FILE REGISTRATION: Prior to being awarded a contract pursuant to this solicitation, the bidder(s) and any designated authorized resellers who accept payment directly from the State, must be registered in the New York State Vendor File (Vendor File) administered by the Office of the State Comptroller (OSC). This is a central registry for all vendors who do business with New York State agencies and the registration must be initiated by a state agency. Following the initial registration, unique New York State ten-digit vendor identification numbers will be assigned to your company and to each of your authorized resellers (if any) for usage on all future transactions with New York State. Additionally, the Vendor File enables vendors to use the Vendor Self-Service application to manage all vendor information in one central location for all transactions related to the State of New York. If bidder is already registered in the New York State Vendor File, list the ten-digit vendor id number on the first page of this bid document. Authorized resellers already registered should list the ten-digit vendor id number along with the authorized reseller information. If the bidder is not currently registered in the Vendor File, complete the enclosed OSC Substitute W-9 Form and submit it with your bid. In addition, if authorized resellers are to be used, an OSC Substitute W-9 form should be completed by each of the designated authorized resellers and submitted to the Office of General Services. The Office of General Services will initiate the vendor registration process for all bidders recommended for contract award and their authorized resellers. Once the process is initiated, registrants will receive an email from OSC that includes the unique ten-digit vendor identification number assigned to the company and instructions on how to enroll in the online Vendor Self-Service application. For more information on the vendor file please visit the following website: http://www.osc.state.ny.us/vendor_management/
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NEW YORK STATE VENDOR RESPONSIBILITY OGS conducts a review of prospective contractors (“Bidders”) to provide reasonable assurances that the Bidder is responsive and responsible. A For-Profit Business Entity Questionnaire (hereinafter “Questionnaire”) is used for nonconstruction contracts and is designed to provide information to assess a Bidder’s responsibility to conduct business in New York based upon financial and organizational capacity, legal authority, business integrity, and past performance history. By submitting a bid, Bidder agrees to fully and accurately complete the Questionnaire. The Bidder acknowledges that the State’s execution of the Contract will be contingent upon the State’s determination that the Bidder is responsible, and that the State will be relying upon the Bidder’s responses to the Questionnaire when making its responsibility determination. OGS recommends each Bidder file the required Questionnaire online via the New York State VendRep System. To enroll in and use the VendRep System, please refer to the VendRep System Instructions and User Support for Vendors available at the Office of the State Comptroller’s (OSC) website, http://www.osc.state.ny.us./vendrep/vendor_index.htm or to enroll, go directly to the VendRep System online at https://portal.osc.state.ny.us. OSC provides direct support for the VendRep System through user assistance, documents, online help, and a help desk. The OSC Help Desk contact information is located at http://www.osc.state.ny.us/portal/contactbuss.htm. Bidders opting to complete the paper questionnaire can access this form and associated definitions via the OSC website at: http://www.osc.state.ny.us/vendrep/forms_vendor.htm. In order to assist the State in determining the responsibility of the Bidder prior to Contract Award, the Bidder must complete and certify (or recertify) the Questionnaire no more than six (6) months prior to the bid due date. A Bidder’s Questionnaire cannot be viewed by OGS until the Bidder has certified the Questionnaire. It is recommended that all Bidders become familiar with all of the requirements of the Questionnaire in advance of the bid opening to provide sufficient time to complete the Questionnaire. The Bidder agrees that if it is awarded a Contract the following shall apply: •
The Contractor shall at all times during the Contract term remain responsible. The Contractor agrees, if requested by the Commissioner of OGS or her designee, to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity.
•
The Commissioner of OGS or her designee, in his or her sole discretion, reserves the right to suspend any or all activities under this Contract, at any time, when he or she discovers information that calls into question the responsibility of the Contractor. In the event of such suspension, the Contractor will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Contractor must comply with the terms of the suspension order. Contract activity may resume at such time as the Commissioner of OGS or her designee issues a written notice authorizing a resumption of performance under the Contract.
•
Upon written notice to the Contractor, and a reasonable opportunity to be heard with appropriate OGS officials or staff, the Contract may be terminated by the Commissioner of OGS or her designee at the Contractor’s expense where the Contractor is determined by the Commissioner of OGS or her designee to be non-responsible. In such event, the Commissioner of OGS or her designee may complete the contractual requirements in any manner he or she may deem advisable and pursue available legal or equitable remedies for breach. In no case shall such termination of the Contract by the State be deemed a breach thereof, nor shall the State be liable for any damages for lost profits or otherwise, which may be sustained by the Contractor as a result of such termination.
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TAX LAW 5-A AMENDED APRIL 26, 2006 (APPENDIX 2) Section 5-a of the Tax Law, as amended, effective April 26, 2006, requires certain contractors awarded state contracts for commodities, services and technology valued at more than $100,000 to certify to the Department of Taxation and Finance (DTF) that they are registered to collect New York State and local sales and compensating use taxes. The law applies to contracts where the total amount of such contractors’ sales delivered into New York State are in excess of $300,000 for the four quarterly periods immediately preceding the quarterly period in which the certification is made, and with respect to any affiliates and subcontractors whose sales delivered into New York State exceeded $300,000 for the four quarterly periods immediately preceding the quarterly period in which the certification is made. This law imposes upon certain contractors the obligation to certify whether or not the contractor, its affiliates, and its subcontractors are required to register to collect state sales and compensating use tax and contractors must certify to DTF that each affiliate and subcontractor exceeding such sales threshold is registered with DTF to collect New York State and local sales and compensating use taxes. The law prohibits the State Comptroller, or other approving agency, from approving a contract awarded to a contractor meeting the registration requirements but who is not so registered in accordance with the law. Website links to the contractor certification forms and instructions for completing the forms are provided below. Form No. ST-220-TD must be filed with and returned directly to DTF. Unless the information upon which the ST220-TD is based changes, this form only needs to be filed once with DTF. If the information changes for the contractor, its affiliate(s), or its subcontractor(s), a new Form No. ST-220-TD must be filed with DTF. Form No. ST220-TD can be found at http://www.tax.ny.gov/pdf/current_forms/st/st220td_fill_in.pdf. Form ST-220-CA must be filed with the bid and submitted to the procuring covered agency certifying that the contractor filed the ST-220-TD with DTF. Proposed contractors should complete and return the certification forms within two business days of request (if the forms are not completed and returned with bid submission). Failure to make either of these filings may render a bidder non-responsive and non-responsible. Bidders shall take the necessary steps to provide properly certified forms within a timely manner to ensure compliance with the law. Form No. ST220-CA can be found at http://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf. Vendors may call DTF at 1-800-698-2909 for any and all questions relating to Section 5-a of the Tax Law and relating to a company's registration status with the DTF. For additional information and frequently asked questions, please refer to the DTF web site: http://www.nystax.gov.
5.5
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 5.5.1 NEW YORK STATE LAW Pursuant to New York State Executive Law Article 15-A, OGS recognizes its obligation under the law to promote opportunities for maximum feasible participation of certified minority and women-owned business enterprises and the employment of minority group members and women in the performance of OGS contracts. In 2006, the State of New York commissioned a disparity study to evaluate whether minority and women-owned business enterprises had a full and fair opportunity to participate in state contracting. The findings of the study were published on April 29, 2010, under the title "The State of Minority and Women-Owned Business Enterprises: Evidence from New York" (“Disparity Study”). The report found evidence of statistically significant disparities between the level of participation of minority and women-owned business enterprises in state procurement contracting versus the number of minority and women-owned business enterprises that were ready, willing and able to participate in state procurements. As a result of these findings, the Disparity Study made recommendations concerning the implementation and operation of the statewide certified minority and women-owned business enterprises program. The recommendations from the Disparity Study culminated in the enactment and the implementation of New York State Executive Law Article 15-A, which requires, among other things, that OGS establishes goals for maximum feasible participation of New York State Certified minority and women–owned business enterprises (“MWBE”) and the employment of minority groups members and women in the performance of New York State contracts.
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5.5.2 EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS By submission of a bid or proposal in response to this solicitation, the bidder/contractor agrees with all of the terms and conditions of Appendix A including Clause 12 - Equal Employment Opportunities for Minorities and Women. The contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the work is for the beneficial use of the contractor, shall undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services unrelated to the Contract; or (ii) employment outside New York State. Bidder further agrees to submit with the bid a staffing plan on Form EEO 100 identifying the anticipated work force to be utilized on the contract and if awarded a contract, will, upon request, submit to OGS, a workforce utilization report identifying the workforce actually utilized on the contract if known. Further, pursuant to Article 15 of the Executive Law (the “Human Rights Law”), all other state and federal statutory and constitutional non-discrimination provisions, the contractor and sub-contractors will not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest. 5.5.3 BUSINESS PARTICIPATION OPPORTUNITIES FOR MWBES For purposes of this procurement, OGS has conducted a comprehensive search and has determined that the contract does not offer any opportunities for participation by MWBEs. Please Note: Failure to comply with the foregoing requirements may result in a finding of non-responsiveness, non-responsibility and/or a breach of the contract, leading to the withholding of funds, suspension or termination of the contract or such other actions or enforcement proceedings as allowed by the contract. ALL FORMS ARE AVAILABLE AT: http://www.ogs.ny.gov/MWBE/Forms.asp 5.6
INSURANCE A bidder must commit to obtaining and submitting all necessary proof of insurance as listed in the Attachment 3 – Insurance Requirements. 5.6.1
WORKERS’ COMPENSATION INSURANCE AND DISABILITY BENEFITS REQUIREMENTS (see Attachment 3 – Insurance Requirements) Workers’ Compensation Law (WCL) §57 & §220 requires the heads of all municipal and state entities to ensure that businesses applying for permits, licenses or contracts document it has appropriate workers’ compensation and disability benefits insurance coverage. These requirements apply to both original contracts and renewals, whether the governmental agency is having the work done or is simply issuing the permit, license or contract. Failure to provide proof of such coverage or a legal exemption will result in a rejection of your bid. Proof of compliance with Workers’ Compensation and Disability Benefits Coverage requirements must comply with the requirements set out in Attachment 3 – Insurance Requirements. A Contractor seeking to enter into a contract with the State of New York shall provide proof of compliance with Workers’ Compensation and Disability Benefits Coverage to OGS at the time of bid submission or shortly thereafter.
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GROUP 35200 – FIREARMS, AMMUNITION, HANDCUFFS, BATONS & HOLSTERS (State Agencies, Political Subdivisions & Other Authorized Users) Section 6 6.1
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METHOD OF AWARD
GENERAL: Award shall be made by ITEM to the lowest responsive and responsible bidder. An ITEM is comprised of a manufacturer’s complete product line. Discounts may be used to identify and establish low net prices for the purposes of ranking and evaluating. For Lot 1, one discount shall be offered for each item and one discount for each sub-item. For Lots II-V, only one discount shall be offered for each Item. Please see more specific information below for each LOT. Note that while the solicitation has LOT segregation, award is by ITEM. Discount - Please see the “Discount” section of PRICE clause.
6.2
LOT I – FIREARMS: Award shall be made by the percent discount that is most favorable to the State (i.e., discount which will yield the most favorable net pricing to the State) when applied to the most up-to-date version of the referenced manufacturer's nationally published price list (effective prior to June 1, 2013), submitted with the bid for the product line stated within an ITEM based on a quantity of one. Only one award shall be made for each ITEM under this Lot. One discount shall be provided for each item under Lot I on the bid price pages and one discount for the applicable accessories Sub Item. Items include pistols, revolvers, rifles and shotguns and the standard number of magazines provided by the manufacturer. Authorized Users must purchase additional magazines separately. The cost for such additional magazines must be included on the bid price pages under the applicable accessories Sub-Item price lists. Bidders wishing to offer a product line not specifically listed, may do so by filling in the brand being offered under Lot I, Item No. “Other”. Basis for award for this category shall be the same as other Items listed in this Lot. The State has the right to make “No Award” on items.
6.3
LOT II- AMMUNITION: Award shall be made by the percent discount that is most favorable to the State (i.e., discount which will yield the most favorable net pricing to the State) when applied to the most up-to-date version of the referenced manufacturer's nationally published price list (effective prior to June 1, 2013), submitted with the bid for the product line stated within an ITEM based on a quantity of one case. Only one award shall be made for each ITEM under this Lot. Only one discount shall be offered for the manufacturer's entire ammunition product line. Bidders wishing to offer a product line not specifically listed, may do so by filling in the brand being offered under Lot II, Item No. “Other”. Basis for award for this category shall be the same as other Items listed in this Lot. The State has the right to make “No Award” on items.
6.4
LOTS III-V – HANDCUFFS, BATONS AND HOLSTERS (Duty Belts and Related Accessories): Award shall be made by the percent discount that is most favorable to the State (i.e., discount which will yield the most favorable pricing to the State) when applied to the most up-to-date version of the referenced manufacturer's nationally published price list (effective prior to June 1, 2013), submitted with the bid for the product line stated within an ITEM based on a quantity of one. Only one award shall be made for each ITEM under this Lot. Bidders wishing to offer a product line not specifically listed, may do so by filling in the brand being offered under Item "Other" for each corresponding Lot. Basis for award for this category shall be the same as other items listed in these Lots. The State has the right to make “No Award” on items.
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SPECIAL TERMS AND CONDITIONS
PRICE: Price shall include all customs duties and charges and be net, F.O.B. destination any point in New York State as designated by the authorized user including unloading at an armory or to the quartermaster. New York State and its Political Subdivisions are exempt from F.E.T. and State and Local Sales Tax. In addition, upon mutual agreement, delivery locations may be expanded per the "Extension of Use" clause. Best and Final Price State agencies and authorized users may request better net prices for large orders (e.g., orders for over $10,000) or when market conditions warrant. Lower Pricing The State reserves the right to negotiate lower pricing, or to advertise for bids, whichever is in the State's best interest as determined by the Commissioner, in the event of a significant decrease in market price of any product listed. In addition, if the contractor’s normal pricing to the public or to the trade in general is less than the net/contract pricing after the application of a contract discount, etc., then the normal pricing to the public or to the trade in general shall also be granted to contract participants. Price Justification It will be the responsibility of the bidder to provide proper acceptable documentation (e.g. links to other state or federal contracts held by the bidder for the same manufacturer products) to demonstrate that pricing being offered to New York State is equal to or better than other federal or state contracts to justify reasonableness of price . NOTE: Also see separate “METHOD OF AWARD” clause. Once contracts are approved, current NYS Price Lists may be posted on OGS’s website for agencies’ use.
7.2
PRICE LISTS: 7.2.1 MANUFACTURER’S PRICE LIST: Price lists must be submitted with bid and must be the most up-to-date electronic version of the referenced manufacturer’s nationally published price list, effective prior to June 1, 2013, and must remain in effect for one year after the contract start date. Thereafter, updates to the NYS price lists will be considered when updates occur to the manufacturer’s nationally published price list via the Contract Update Process (Section 7.5). The electronic version may be submitted on electronic media (i.e. CD, DVD, thumb drive or flash drive) Excel 2010 or lower is preferred, if available. DISKETTES AND HARD COPIES ARE NOT ACCEPTABLE. If a bidder is submitting a manufacturer’s nationally published price list where only specific sections are relative, bidder must highlight these sections or remove/delete non-relative sections. Not identifying products as noted may be cause for rejection. The Office of General Services reserves the right to determine if item(s) in a manufacturer's price list are relative to the requirements being sought. The decision of the Commissioner is final. Bidders must offer the complete manufacturer’s product line for the item they are bidding that fits within the scope of the Lot. A bidder shall not exclude certain relative items, unless removed by the manufacturer. 7.2.2 NYS PRICE LIST: NYS Price List(s) must be submitted with bid and must remain in effect for one year after the contract start date. Thereafter, updates to the NYS price list(s) will be considered when updates occur to the manufacturer’s nationally published price list by the manufacturer once per year (see Contract Update Process Section 7.5). NYS Price List(s) should be submitted in electronic version (Excel 2010 or lower is preferred, if available) unprotected and may be submitted on electronic media (i.e. CD, DVD, thumb drive or flash drive). DISKETTES AND HARD COPIES ARE NOT ACCEPTABLE.
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The New York State Price List(s) should have a separate Excel spreadsheet/tab for each Lot bid. Within the spreadsheet/tab, each bid item should be clearly identified by having its own row or column (see example below).
All spreadsheets/tabs should include the following columns at a minimum: • • • • • •
Manufacturer’s Item #; Manufacturer’s Model#; Description of product; Manufacturer’s price; NYS Discount percentage; and NYS Contract price.
Additionally, the Revision/Effective Date and Page Numbers are to be included in the Header/Footer section. 7.3
DISCOUNTS Discounts shall be expressed as percent discount from the most up-to-date version of the referenced manufacturer's nationally published price list (effective prior to June 1, 2013). Bidders shall submit discounts to manufacturer's price lists in the preferred order below: 1 – Law Enforcement Price List 2 – Distributor Price List 3 – Retail or MSRP Price List If more than one price column is listed on the manufacturer’s price list, bidder is to identify on the bid pages (Attachment 1) which column the discount should be applied. For Lot 1, one discount shall be offered for each item and one discount for each sub-item. For Lots II-V, only one discount for each bid item is allowed. Multiple discounts or ranges of discounts within a bid item or sub-item are not allowed. Examples are given below to demonstrate what is acceptable and what is not acceptable. The examples below are for information purposes only. Bidders shall submit the required bid pages (Attachment 1). (continued)
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GROUP 35200 – FIREARMS, AMMUNITION, HANDCUFFS, BATONS & HOLSTERS (State Agencies, Political Subdivisions & Other Authorized Users) 7.3.1 EXAMPLES Example for LOT I – FIREARMS ACCEPTABLE Item No.
Description
% Discount from Price List
1.
Beretta Manufacturer price list dated 2/12/12: Law Enforcement Firearms Accessories
2.
NOT ACCEPTABLE Item No. Description
LE MSRP
25%
Distributor
21%
Retail
% Discount from Price List
Beretta Manufacturer price list dated 2/12/12: Law Enforcement Firearms Accessories
2.
40% 20%
Beretta Manufacturer price list dated 2/12/12: Sporting Arms Accessories
1.
Column to which Discount is applied
Column to which Discount is applied
35-40%
LE
8-10%
MSRP
Beretta Manufacturer price list dated 2/12/12: Sporting Arms Accessories
Models A-C = 25% Models D-F = 10% 0-50%
Distributor Retail
Example for LOT II – AMMUNITION – LOT V - HOLSTERS ACCEPTABLE Item No.
Description
1.
Federal
NOT ACCEPTABLE Item No. 1.
Description
% Discount from Price List 29%
% Discount from Price List
Federal
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Column to which Discount is applied Retail Price
Column to which Discount is applied
9MM 29%
Retail Price
.223
Retail Price
14%
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7.3.2 VOLUME DISCOUNTS: Bidders may offer volume discounts. Volume discounts may be applied per purchase order, cumulatively per customer agency, and cumulatively statewide. The bidder shall indicate the basis for applying the volume discount(s) on the bid document form. Volume discounts shall be defined and applied as follows: Purchase order volume discounts shall be additional discounts applied to individual purchase orders over a specified dollar amount. Cumulative agency volume discounts shall be additional discounts applied to all future orders made by an individual agency once an established volume has been met by that agency. Cumulative statewide volume discounts shall be additional discounts applied to all future orders for all state and non-state orders once an established volume has been met under this contract. 7.4
DELIVERY: General With submission of its bid, bidder must indicate delivery timeframes, expressed in the number of calendar days required to make delivery after receipt of a purchase order, for each item they are bidding under each Lot Number (see ARO in Attachment 1 bid pages). Delivery timeframes will be stated in the contract award notification. Actual delivery dates shall be specified at the time of order as set forth below. Once a contract is awarded, bidders are expected to strictly adhere to the delivery timeframes in the contract award. Delivery location shall be made in accordance with instructions on Purchase Order from each agency. If there is a discrepancy between the purchase order and what is listed on the contract, it is the contractor’s obligation to seek clarification from the ordering agency and, if applicable, from the Office of General Services, New York State Procurement. Shipping Dates and Delivery Time All correspondence on shipping dates and delivery time shall be directed to the authorized user's contact person.
7.5
Contractor shall provide written acknowledgement of orders within five (5) business days after receipt of order and shall also provide anticipated shipping date.
If shipment will not be made within the anticipated delivery timeframe, the contractor is required to notify the authorized user in writing at least two weeks prior to the latest date of the original delivery obligation. This notification must include the reasons for the delay and a revised anticipated ship date. The authorized user may request the contractor to provide documentation to support the reason for the shipping delay. Failure to supply timely written notification of delay to the authorized user or should the reason for the delay not be acceptable to the authorized user, appropriate contract default proceedings may be initiated.
CONTRACT UPDATES The following guidelines and Appendix D, Contract Update Form attached to this Contract are subject to change at the discretion of OGS. CONTRACTOR’S SUBMISSION OF CONTRACT UPDATES: Price list submitted with bid must remain in effect for one year after the contract start date. All price revisions made by the manufacturer must be reviewed and approved by OGS. Price lists will be reviewed for reasonableness and if compliant, OGS will approve, issue a Purchasing Memorandum notifying contract users of the update, and post the update to the OGS website. After approval from OGS, updates to a contractor's price schedule will become a part of the contract. All additions included in the contract will use either the contractor’s original discount or a higher discount, if offered.
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CONTRACT UPDATES (Cont’d.) The contractor may request a price list revision by submitting the following to OGS:
One (1) hard copy of the Contract Update Form. Form must contain original signatures by an individual authorized to sign on behalf of contractor. One (1) electronic copy of the nationally published manufacturer’s price list in Excel format (2010 or lower is preferred, if available) and submitted on electronic media (i.e. CD, DVD, thumb drive or flash drive). DISKETTES AND HARD COPIES ARE NOT ACCEPTABLE. One (1) electronic copy of the NYS price list in an Excel format (2010 or lower is preferred, if available) and submitted on electronic media (i.e. CD, DVD thumb drive or flash drive). DISKETTES AND HARD COPIES ARE NOT ACCEPTABLE.
The NYS Price list and all separate spreadsheets/tabs should include the following columns at a minimum: • Manufacturer’s Item #; • Manufacturer’s Model#; • Description of product; • Manufacturer’s price; • NYS Discount percentage; and • NYS Contract price. Additionally, the revision/effective date and page numbers are to be included in the header/footer section. The submission should separately include and identify (e.g., by use of separate tabs/worksheets in Excel): • Last approved price list; • Price increases; • Products being added; • Products being deleted; and • Products being replaced by new products (if applicable). In connection with any contract update, OGS reserves the right to: • request additional information; • reject contract updates; • remove products from contracts; • remove products from contract updates; and • request additional discounts for new or existing products. Contractors are urged to allow at least thirty (30) days for price list approvals. PRICE JUSTIFICATION: It will be the responsibility of the contractor to provide proper acceptable documentation to demonstrate that pricing being offered to New York State is equal to or better than other federal or state contracts or to the trade in general to justify reasonableness of price. The State reserves the right to require a revised NYS Net Price List at any time during the contract period, and it will be requested if there have been numerous updates since the last complete update. SUPPORTING DOCUMENTATION: Each update request must include links to other state, federal, or other contracts held by the contractor for the same manufacturer products, if applicable. USE OF RE-SELLERS/DISTRIBUTORS Contractor must provide service, sales and support staff to service authorized users geographically located at multiple purchasing locations throughout New York State. Contractor shall insure that sufficient resources are available directly, or through resellers/distributors to insure maximum service capability throughout the State. The State agrees to permit contractor to utilize approved, designated value added resellers (VARs), distributors and dealers (“Resellers”) to participate as alternate distribution sources for contractor. Such participation is subject to the following conditions: (continued) 22641i3.doc/A&A/NR
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CONTRACT UPDATES (Cont’d.) A. Designation of Reseller(s): Contractor shall specify whether orders must be placed directly with contractor, or may be placed directly with designated reseller(s). When reseller(s) are submitted for approval, contractor must provide the State, in advance, with all necessary ordering, billing addresses and federal identification numbers in the format provided in Reseller/Distributor Information (Attachment 6). B. Conditions of Participation: Reseller(s) must be approved in advance by the State as a condition of eligibility under this section. The State also reserves the right to rescind any such participation or request that contractor name additional Resellers, in the best interests of the State, at the State’s sole discretion, at any time. Contractor shall have the right to qualify Reseller(s) and their participation as fulfillment agents under this contract by product line, contracting program (i.e., government/educational sales), geographic region, size/sales volume. All resellers who have been approved in accordance with the foregoing paragraph shall be eligible to quote lower pricing for procurements under this contract, except as otherwise set forth in Reseller/Distributor Information (Attachment 6). Contractor warrants and represents that it shall not, directly or indirectly, by agreement, communication or any other means, restrict any reseller’s participation or ability to quote a particular order. C. Responsibility for Reporting/Performance: Contractor shall be fully liable for reseller(s)’ performance and compliance with all contract terms and conditions. Product purchased through reseller(s) must be reported by contractor in the required semi-annual reports to the State as a condition of payment, and where applicable, to third party developer(s) in accordance with the reporting requirements of this contract. In addition to inclusion of reseller(s) volume in the contractor’s semi-annual reporting obligation to the State, at the request of authorized user, reseller(s) shall provide authorized user with semi-annual reports of the individual authorized user’s contract activity with reseller. D. Applicability of Contract Terms: Product ordered directly through Reseller(s) shall be limited to Products previously approved for inclusion under this Contract and shall be subject to all terms and conditions of this Contract as a condition of Reseller participation. E. CHANGES IN RESELLER LIST - If the Contractor allows resellers to participate in the contract in accordance with the Use of Resellers/Distributors clause of this Contract, requests to add or delete resellers or to modify reseller information must be submitted for prior approval of the State. Contractor may request changes to the designated Reseller List by submission of a completed, revised Reseller/Distributor Information (Attachment 6). PAYMENTS/PRICING Prices shall be calculated and paid in accordance with the approved contract price in effect at the time of order placement. Pricing set forth in contract includes all applicable documentation, media, shipping, delivery and handling charges. Contractor may, however, upon mutual agreement of the authorized user, negotiate more advantageous pricing for particular orders. A. Subsequent Changes to Product Offerings All changes must be in accordance with the procedures set forth below and require the advance approval of OGS. (1) Adding New Products: Where future similar manufacturer’s products become commercially available during the Contract term and are offered to New York State, the contract may be updated to include such offerings. (2) Deletion of Products: OGS reserves the right to delete any Product from the contract at its discretion at any time. (3) Price Decreases: Shall be calculated in accordance with Appendix B, Clause 24. (4) Price Increases: (Pricing not Benchmarked to GSA Supply Schedule) Where pricing submitted for Products is not benchmarked to an approved GSA Supply Schedule: a) First Twelve Months Fixed Pricing offered shall be fixed for the first twelve (12) months of the contract term from the date of OGS approval. b) Price Increase Requests - Contractor may thereafter request an increase in the pricing contained in the contract a maximum of once in any twelve month period provided that contractor certifies in writing that the price change for product applies to its manufacturer’s nationally published price list, and that contractor documents the request to the satisfaction of the State. c) Effective Date of Increase Price - increases shall be effective upon final approval by the State, and may not be charged to authorized users prior to receipt of final approval.
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7.5
CONTRACT UPDATES (Cont’d.) B. GSA Benchmarked Pricing: Additionally, where the NYS Net Price is based upon an approved GSA Supply Schedule: (1) Associated Discounts The State is entitled to all associated discounts enumerated in the GSA Supply Schedule (including, but not limited to, discounts for additional sites and volume discounts), as well as any other pricing or discount terms as are expressly enumerated in this NYS Contract or GSA schedule, when calculating the NYS Net Price; and (2) Industrial Funding Fee GSA pricing incorporates a sum referred to as the “GSA Industrial Funding Fee”. OGS reserves the right to require either that: the IFF is remitted directly to OGS, or the state contract prices be reduced, by an amount equivalent to the IFF. If the latter, the NYS Net Price shall be calculated by reducing the published GSA price, after the discounts, if any, set forth in paragraph (1), above, downward by the amount of the Industrial Funding Fee, currently set at .75%. Therefore, the “NYS Net Price” shall be calculated by multiplying 0.9925 times the GSA price, and (3) Pricing Increases Price increases shall be effective upon final approval by the State, and may not be electronically posted by Contractor prior to receipt of final approval.
7.6
REPORT OF CONTRACT PURCHASES: Contractor shall furnish semi-annual (six month period) reports showing the dollar volume of any and all sales under this contract for the prior six-month period. Said report shall include a break out of participation by individual Authorized Users, including State and non-State governmental entities and others authorized by law. If applicable, the Industrial Funding Fee payable to the OGS Finance Office will also be due on the same schedule. Reports and Industrial Funding Fee payments shall be delivered within thirty (30) days of the close of the semi-annual period. Semi-annual periods will end on December 31st and June 30th. If the contract period begins or ends in a fractional portion of a reporting period only the actual contract sales for this fractional period should be reported in that semi-annual report. Similarly the Industrial Funding Fee payable to the OGS Finance Office will only be due for the actual contract sales reported in that reporting period. In addition to contractor direct sales, contractor shall submit sales information for all resellers, dealers, distributors or other authorized distribution channels, where such contract sales are provided by other than the contractor. Contractors shall verify if each alternate vendor is a NYS Certified Minority (MBE) or Women (WBE) Owned Businesses. Contractors shall verify such status through the Empire State Development Minority and Women Owned Businesses Database web site at: http://www.nylovesmwbe.ny.gov/cf/search.cfm. The report is to be submitted electronically in Microsoft Excel 2010 or lower format to the OGS, New York State Procurement, Tower Bldg., Empire State Plaza, Albany, NY 12242, to the attention of the individual shown on the front page of the Contract Award Notification and shall reference the Group Number, the Award Number, Contract Number, sales period, and contractor's (or other authorized agent) name. The reports shall be provided in the format of APPENDIX E: Required Semi-Annual Sales Report Fields, unless otherwise specified by OGS. A template will be supplied to the successful contractor at time of award. Please note: There may be a future change in the collection process of Sales Report data that may require the contractor to enter sales information online into a state database. The outlined sales report is the minimum information required. Additional related sales information, such as monthly reports, and/or detailed user purchases may be required and must be supplied upon request. If the contractor has designated dealers or distributors to service their portion of the contract, it is the contractor's responsibility to ensure that these reports are maintained. The contractor should compile all information from its dealers and then submit ONE complete report to OGS on or before due dates. Failure to submit the required report is considered a contractor responsibility issue and may be cause for suspension of contract and/or disqualification of contractor for future New York State contracts.
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PURCHASE ORDERS AND INVOICING: General All orders and invoices/vouchers must include the contract number and a line by line listing of separate charges. Orders Involving Price Lists Purchase orders are to include the following information when product is purchased from a price list:
The name, number and date of the price list;
Product description;
Product code/manufacturer number;
Full List Price/MSRP for each product/option/accessory;
Discount or price factor as applicable;
Calculation of net, contract price; and
Specific designation of special price which may be better than the application of the contract discount or price factor.
Invoices Authorized users are instructed not to process invoices without needed information. Invoices must be detailed and include all of the following:
Contract Number;
Purchase Order Number;
Item Number; and
Line Item breakdown of all charges.
Failure to comply may result in lengthy payment delays. 7.8
CONTRACT BILLINGS AND PAYMENTS: a. Billings. Contractor and the dealers/distributors/resellers designated by the Contractor, if any, shall provide complete and accurate billing invoices to each Authorized User in order to receive payment. Billing invoices submitted to an Authorized User must contain all information required by the Contract and the State Comptroller or other appropriate fiscal officer. Submission of an invoice and payment thereof shall not preclude the Commissioner from requesting reimbursement or demanding a price adjustment in any case where the Product delivered is found to deviate from the terms and conditions of the Contract or where the billing was inaccurate. Contractor shall provide, upon request of the Commissioner, any and all information necessary to verify the accuracy of the billings. Such information shall be provided in the format requested by the Commissioner and in a media commercially available from the Contractor. The Commissioner may direct the Contractor to provide the information to the State Comptroller or to any Authorized User of the Contract. b.
Payment of Contract purchases made by an Authorized User when the State Comptroller is responsible for issuing such payment. The Authorized User and Contractor agree that payments for invoices submitted by the Contractor shall only be rendered electronically unless payment by paper check is expressly authorized by the Commissioner, in the Commissioner’s sole discretion, due to extenuating circumstances. Such electronic payments shall be made in accordance with ordinary State procedures and practices. The Contractor shall comply with the State Comptroller’s procedures to authorize electronic payments. Authorization forms are available at the State Comptroller website at www.osc.state.ny.us, by e-mail at
[email protected], or by telephone at 518-486-1255. Contractor acknowledges that it will not receive payment on any invoices submitted under this Contract that are payable by the State Comptroller if it does not comply with the State Comptroller’s electronic payment procedures, except where the Commissioner has expressly authorized payment by paper check as set forth above.
c.
Payment of Contract purchases made by an Authorized User when the State Comptroller is not responsible for issuing such payment. The Authorized User and Contractor agree that payments for such Contract purchases shall be billed directly by Contractor on invoices/vouchers, together with complete and accurate supporting documentation as required by the Authorized User. Such payments shall be as mandated by the appropriate governing law from the receipt of a proper invoice. Such Authorized User and Contractor are strongly encouraged to establish electronic payments. (continued)
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7.9
EMERGENCY PURCHASING: In the event that a disaster emergency is declared by Executive Order under Section 28 of Article 2-B of the Executive Law, or that the Commissioner determines pursuant to his/her authority under Section 163(10)(b) of the State Finance Law that an emergency exists requiring the prompt and immediate delivery of products or services, the Commissioner reserves the right to obtain such products or services from any source, including but not limited to this contract, as the Commissioner in his/her sole discretion determines will meet the needs of such emergency. Contractor shall not be entitled to any claim or lost profits for products or services procured from other sources pursuant to this paragraph.
7.10
PREFERRED SOURCE NOTE: All bidders should note that certain legally established preferred source suppliers, such as Correctional Industries (Corcraft), Industries for the Blind of NYS, and NYS Industries for the Disabled have expressed an interest in supplying products/services covered by this solicitation. Therefore, one or more of these suppliers may be designated as a "Preferred Source" and as a result, we may issue no award for the products/services affected.
7.11
NEW YORK STATE PROCUREMENT CARD: See "Procurement Card" in Appendix B, OGS General Specifications. All bidders shall indicate if they will accept the NYS Purchasing Card for orders not to exceed $15,000 (see Questions at end of bid document).
Section 8 8.1
GENERAL TERMS AND CONDITIONS
CONTRACT PERIOD AND RENEWALS: It is the intention of the State to enter into a contract for a term of five (5) years as stated on the Invitation for Bids except that the commencement and termination dates appearing on the Invitation for Bids may be adjusted forward unilaterally by the State for any resulting contract for up to two calendar months, by indicating such change on the Contract Award Notification. The contract dates may be adjusted forward beyond two months only with the approval of the successful bidder. If, however, the bidder is not willing to accept an adjustment of the contract dates beyond the two month period, the State reserves the right to proceed with an award to another bidder.
8.2
SHORT TERM EXTENSION: In the event the replacement contract has not been issued, any contract let and awarded hereunder by the State, may be extended unilaterally by the State for an additional period of up to one month upon notice to the contractor with the same terms and conditions as the original contract including, but not limited to, quantities (prorated for such one month extension), prices, and delivery requirements. With the concurrence of the contractor, the extension may be for a period of up to three months in lieu of one month. However, this extension terminates should the replacement contract be issued in the interim.
8.3
EXTENSION OF USE: Any contract resulting from this bid solicitation may be extended to additional States or governmental jurisdictions upon mutual written agreement between New York State (the lead contracting State) and the contractor. Political subdivisions and other authorized entities within each participating State or governmental jurisdiction may also participate in any resultant contract if such State normally allows participation by such entities. New York State reserves the right to negotiate additional discounts based on any increased volume generated by such extensions.
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8.4
SUMMARY OF POLICY AND PROHIBITIONS ON PROCUREMENT LOBBYING: Pursuant to State Finance Law §§139-j and 139-k, this solicitation includes and imposes certain restrictions on communications between OGS and an offerer/bidder during the procurement process. An offerer/bidder is restricted from making contacts from the earliest written notice of intent to solicit offers/bids through final award and approval of the procurement contract by OGS and, if applicable, the OSC (“restricted period”) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j (3) (a). Designated staff, as of the date hereof, is identified on the first page of this solicitation. OGS employees 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 four-year period, the offerer/bidder is debarred from obtaining governmental procurement contracts. Further information about these requirements can be found on the OGS website: http://www.ogs.ny.gov/aboutOgs/regulations/defaultAdvisoryCouncil.html
8.5
MERCURY-ADDED CONSUMER PRODUCTS: Offerers are advised that effective January 1, 2005, Article 27, Title 21 of the Environmental Conservation Law bans the sale or distribution free of charge of fever thermometers containing mercury except by prescription written by a physician and bans the sale or distribution free of charge of elemental mercury other than for medical preencapsulated dental amalgam, research, or manufacturing purposes due to the hazardous waste concerns of mercury. The law further states that effective July 12, 2005, manufacturers are required to label mercury-added consumer products that are sold or offered for sale in New York State by a distributor or retailer. The label is intended to inform consumers of the presence of mercury in such products and of the proper disposal or recycling of mercury-added consumer products. Offerers are encouraged to contact the Department of Environmental Conservation, Bureau of Solid Waste, Reduction & Recycling at (518) 402-8705 or the Bureau of Hazardous Waste Regulation at 1-800-4626553 for questions relating to the law. Offerers may also visit the Department's web site for additional information: http://www.dec.ny.gov/chemical/8512.html.
8.6
APPENDIX A: Appendix A, Standard Clauses For New York State Contracts, dated December 2012, attached hereto, is hereby expressly made a part of this Bid Document as fully as if set forth at length herein. Please retain this document for future reference and do not return to OGS as part of the Bid submission.
8.7
APPENDIX B: Appendix B, Office of General Services General Specifications, dated July 2006, attached hereto, is hereby expressly made a part of this bid document as fully as if set forth at length herein and shall govern any situations not covered by this bid document or Appendix A. Please retain this document for future reference and do not return to OGS as part of the bid submission.
8.8
CONFLICT OF TERMS AND CONDITIONS: Unless otherwise set forth in the procurement or contract documents, conflicts among documents shall be resolved in the following order of precedence: a. b. c. d.
8.9
Appendix A (Standard Clauses For NYS Contracts); This Invitation For Bids; Appendix B (General Specifications); and Bidder’s Bid.
CANCELLATION FOR CONVENIENCE The State of New York retains the right to cancel this contract, in whole or in part without reason provided that the Contractor is given at least sixty (60) days notice of its intent to cancel. This provision should not be understood as waiving the State's right to terminate the contract for cause or stop work immediately for unsatisfactory work, but is supplementary to that provision. Any such cancellation shall have no effect on existing agency agreements, which are subject to the same 60 day discretionary cancellation or cancellation for cause by the respective user agencies.
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GROUP 35200 – FIREARMS, AMMUNITION, HANDCUFFS, BATONS & HOLSTERS (State Agencies, Political Subdivisions & Other Authorized Users) Section 9
9.1
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USE OF CONTRACT BY STATE AGENCIES, POLITICAL SUBDIVISIONS AND OTHER AUTHORIZED USERS
NON-STATE AGENCIES PARTICIPATION IN CENTRALIZED CONTRACTS: New York State political subdivisions and others authorized by New York State law may participate in contracts. These include, but are not limited to local governments, public authorities, public school and fire districts, public and nonprofit libraries, and certain other nonpublic/nonprofit organizations. See "Participation in Centralized Contracts" in Appendix B, OGS General Specifications. For purchase orders issued by the Port Authority of New York and New Jersey (or any other authorized entity that may have delivery locations adjacent to New York State), the terms of the "Price" clause shall be modified to include delivery to locations adjacent to New York State. Upon request, all eligible non-State agencies must furnish contractors with the proper tax exemption certificates and documentation certifying eligibility to use State contracts. A list of categories of eligible entities is available on the OGS web site (http://www.ogs.ny.gov/purchase/snt/othersuse.asp). Questions regarding an organization's eligibility to purchase from New York State Contracts may also be directed to OGS New York State Procurement's Customer Services at 518-474-6717.
9.2
OVERLAPPING CONTRACT ITEMS: Products/services available in the resulting contract may also be available from other New York State contracts. Authorized users will be advised to select the most cost effective procurement alternative that meets their program requirements and to maintain a procurement record documenting the basis for this selection.
9.3
CONTRACT MIGRATION: State Agencies or any other authorized user holding individual contracts with contractors under this centralized contract shall be able to migrate to this contract award with the same contractor, effective on the contract begin date (retroactively, if applicable). Migration by an agency or any other authorized user to the centralized contract shall not operate to diminish, alter or extinguish any right that the agency or other authorized user otherwise had under the terms and conditions of their original contract.
9.4
"OGS OR LESS" GUIDELINES APPLY TO THIS CONTRACT: Purchases of the products included in the Invitation For Bids and related Contract Award Notification are subject to the "OGS or Less" provisions of Section 163.3.a.v., Article XI, of the New York State Finance Law. This means that State agencies can purchase products from sources other than the contractor provided that such products are substantially similar in form, function or utility to the products herein and are: 1. 2.
lower in price -and/oravailable under terms which are more economically efficient to the State agency (e.g. delivery terms, warranty terms, etc.).
Agencies are reminded that they must provide the State contractor an opportunity to match the non-contract savings at least two business days prior to purchase. In addition, purchases made under "OGS or Less" flexibility must meet all requirements of law including, but not limited to, advertising in the New York State Contract Reporter, prior approval of the Comptroller's Office and competitive bidding of requirements exceeding the discretionary bid limit. State agencies should refer to Procurement Council Guidelines section "OGS or Less Purchases" for complete procedural and reporting requirements. http://www.ogs.ny.gov/procurecounc/pdfdoc/guidelines.pdf
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ADMINISTRATIVE
10.1
ELECTRONIC BID OPENING RESULTS: The New York State Procurement (NYSPro) posts bid prices on the OGS/NYSPro web page. The web page makes available bid tabulations (i.e.: spreadsheet of price pages) received by NYSPro for scheduled bid openings. Such information is anticipated to be available online within two business days after the bid opening. The Bid Opening Results Page is available at: http://www.ogs.ny.gov/purchase/bidresults/bidresults.asp
10.2
ANNOUNCEMENT OF CONTRACT AWARD: OGS distributes email notification to registered customers announcing the resultant contract award. The email includes a hyperlink to the posted award on the OGS website and is sent via the OGS Purchaser Notification Service (PNS) to registered authorized users. Authorized users may register for the PNS at the following URL address: http://www.ogs.ny.gov/PNS/default.asp. All subsequent contract updates are also sent out via the PNS. Authorized users of the contract submit purchase orders or other such order documents directly to the contractor. See Appendix B Clause 44 Purchase Orders.
10.3
DISPUTE RESOLUTION POLICY: It is the policy of the OGS’ New York State Procurement (NYSPro) to provide vendors with an opportunity to administratively resolve disputes, complaints or inquiries related to NYSPro bid solicitations or contract awards. NYSPro encourages vendors to seek resolution of disputes through consultation with NYSPro staff. All such matters will be accorded impartial and timely consideration. Interested parties may also file formal written disputes. A copy of NYSPro’s Dispute Resolution Procedures for Vendors may be obtained by contacting the person shown on the front of this Invitation for Bids or through the OGS website (www.ogs.ny.gov).
10.4
DEBRIEFING A bidder shall be accorded fair and equal treatment with respect to its opportunity for debriefing. Prior to contract award, OGS shall, upon request, provide a debriefing which would be limited to review of that bidder’s proposal or bid. After contract award, OGS shall, upon request, provide a debriefing to any unsuccessful bidder that responded to the solicitation, regarding the reason that the proposal or bid submitted by such bidder was not selected for a contract award. The post-award debriefing should be requested in writing within 30 days of posting of the contract award on the OGS website.
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