New York State Department of Taxation and Finance
Request for Proposals (RFP) 14-01 Storage and Auction Services
Page 4 of 145
New York State Department of Taxation and Finance
Request for Proposals (RFP) 14-01 Storage and Auction Services
Request for Proposals 14-01
Storage and Auction Services
Page 4 of 145
New York State Department of Taxation and Finance
Request for Proposals (RFP) 14-01 Storage and Auction Services
Page 4 of 145
New York State Department of Taxation and Finance
Request for Proposals (RFP) 14-01 Storage and Auction Services
Page 4 of 145
New York State Department of Taxation and Finance
Request for Proposals (RFP) 14-01 Storage and Auction Services
Table of Contents
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New York State Department of Taxation and Finance
Request for Proposals (RFP) 14-01 Storage and Auction Services
Schedule of Events 5
Preface 6
A. Proposal Questions/Inquiries 6
B. Procurement Lobbying – Offerer Understanding of, and Compliance with, Procurement Lobbying Guidelines 7
C. Proposal Amendments/Announcements 7
D. Response to Bidder Questions and Requests for Clarification 7
E. Notification of Intent to Bid 7
F. Submission of Proposals 7
G. Contract Signing and Contract Term 8
RFP Key Points 9
I. Introduction 10
II. Scope of Services 17
III. Qualifying Requirements 20
IV. Technical Requirements 22
V. Financial Requirements 33
VI. Administrative Requirements 34
VII. Proposal Submission 51
VIII. Proposal Evaluation 54
Exhibit A – Contractor Sales Tax Certification Forms 59
Exhibit B – New York State Office of the State Comptroller Substitute Form W-9 65
Exhibit C – Preliminary Contract 67
Exhibit D – Minority and Women-Owned Business Enterprises – Equal Employment Opportunity Policy Statement 92
Exhibit E - Work Force Employment Utilization 94
Exhibit F - M/WBE Utilization Plan 96
Exhibit G - Request For Waiver Form 97
Exhibit H - M/WBE Quarterly Report 99
Appendix A - Standard Clauses For NYS Contracts 101
Appendix B – Bid Protest Policy 109
Attachment 1 – Bidders Checklist 112
Attachment 2 – Offerer Understanding of, and Compliance with Procurement Lobbying Guidelines 113
Attachment 3 – Notification of Intent to Bid 114
Attachment 4 – Staffing Plan 115
Attachment 5 – Vendor Responsibility Response Form 117
Attachment 6 – MacBride Fair Employment Principles Form 118
Attachment 7 – Designation of Prime Contact 119
Attachment 8 – Non-Collusive Bidding Certification 120
Attachment 9 - Offerer Disclosure of Prior Non-Responsibility Determinations 121
Attachment 10 – Offerer’s Certification of Compliance with State Finance Law 139-k (5) 124
Attachment 11 – DTF-202 New York State Department of Taxation and Finance - Agreement to Adhere to the Secrecy Provisions of the Tax Law and the Internal Revenue Code 125
Attachment 12 – Public Officers Law 126
Attachment 13 – Public Officers Law – Post Employment Requirements 127
Attachment 14 – Listing of Proposed Subcontractors Form 128
Attachment 15 – Encouraging Use of New York State Businesses in Contract Performance 129
Attachment 16 – Financial Response Form 130
Attachment A – Qualifying Experience Response Form 134
Attachment B – Qualifying Insurance Response Form 136
Attachment C - Attestation 137
Attachment D – Secure Facility Response Form 138
Attachment E – Auction Regularity Response Form 139
Attachment F – Web Presence Response Form 140
Attachment G – Property Inventory System 141
Attachment H – Other Services Response Form 142
Attachment I – Reference Response Form 143
Attachment J – Insurance Response Form 145
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New York State Department of Taxation and Finance
Request for Proposals (RFP) 14-01 Storage and Auction Services
Schedule of Events
Issuance of RFP / January 28, 2014Deadline for filing Offerer Understanding of, and compliance with, Procurement Lobbying Guidelines / February 7, 2014
Deadline for Submission of Questions / February 7, 2014
By 2 pm EST
Department Response to Bidder Questions / February 14, 2014
Deadline for Second Submission of Bidder Questions / February 25, 2014
By 2 pm EST
Department Response to Second Submission of Bidder Questions / March 4, 2014
Deadline for Submission of Notification of Intent to Bid / March 11, 2014
Proposals Due / March 25, 2014
By 2 pm EST
Notification of Intent to Award / April 22, 2014
Deadline for Contract Signature / May 22, 2014
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New York State Department of Taxation and Finance
Request for Proposals (RFP) 14-01 Storage and Auction Services
Preface
A. Proposal Questions/Inquiries
Prospective Bidders will have two opportunities to submit written questions and requests for clarification regarding this Request for Proposal (RFP). All questions regarding this RFP must be submitted via e-mail (preferred), fax or mail and be received by the dates and times specified in the Schedule of Events. Questions must reference the relevant page and section of the RFP and must be directed to one of the designated contacts identified below:
E-mail:
Fax: (518) 435-8413
Written Correspondence:
Attn: Catherine Golden, Director
New York State Department of Taxation and Finance
Office of Budget and Management Analysis
Procurement Services Unit
WA Harriman State Campus
Albany, NY 12227
Prospective Bidders should note that all clarifications and exceptions, including those relating to the terms and conditions of the RFP, are to be resolved prior to the submission of a bid by utilizing the Question and Answer periods. Also, during the Question and Answer periods, Bidders should be certain to bring forward terms and conditions in the RFP and Preliminary Contract that would prohibit a Bidder from bidding. Extraneous terms relating to Contract language in Exhibit C, Preliminary Contract, must be submitted with the Bid Proposal. Bidders entering into a contract with the State are expected to comply with all the terms and conditions contained herein.
All inquiries concerning this solicitation must be addressed to one of the following designated contacts:
Catherine Golden (518) 530-4484
Dorothy Lechmanski (518) 530-4484
Karen Brino (518) 530-4484
Earl Jones (518) 530-4484
William Gwynn (518) 530-4484
Contacting individuals other than the designated contacts listed above may result in the disqualification of the Bidder’s proposal – please refer to the Procurement Lobbying Law and the Department of Taxation and Finance (DTF or Department) guidelines posted on the Department’s procurement website at: http://www.tax.ny.gov/about/procure, and additional requirements in Section VI, Administrative Requirements.
B. Procurement Lobbying – Offerer Understanding of, and Compliance with, Procurement Lobbying Guidelines
New York State Finance Law 139-j(6)(b) requires that the Department seek written affirmation from all Offerers as to the Offerer’s understanding of, and agreement to comply with the DTF procedures relating to permissible contacts during a Government Procurement. Information related to the Procurement Lobbying Law and DTF guidelines can be found on the Department’s website at: http://www.tax.ny.gov/about/procure.
Offerer’s are requested to sign and submit Attachment 2: Offerer Understanding of, and Compliance with, Procurement Lobbying Guidelines by the date and time specified in the Schedule of Events. This may be submitted in conjunction with Bidder questions.
C. Proposal Amendments/Announcements
All Amendments, clarifications and any announcements related to this bid will be posted on the Department’s Procurement website at: http://www.tax.ny.gov/about/procure.
It is the responsibility of the Bidder to check the website for any amendments, clarifications or updates. All applicable amendment information must be incorporated into the Bidder’s proposal. Failure to include this information in your proposal may result in the Bidder’s proposal being deemed non-responsive.
D. Response to Bidder Questions and Requests for Clarification
The Department will provide a written response to all substantive questions and requests for clarification. Responses to Bidder questions and requests for clarifications will be posted on the Department’s Procurement website at: http://www.tax.ny.gov/about/procure.
E. Notification of Intent to Bid
If your firm is submitting a proposal in response to the RFP, Attachment 3, Notification of Intent to Bid, should be completed and submitted by the date specified in the Schedule of Events. Contact information provided on this form may be used to notify Bidders of Request for Proposal changes.
F. Submission of Proposals
The Bidder must submit their proposals as instructed in Section VII, Proposal Submission.
A.
B.
C.
D.
E.
F.
A.
B.
C.
D.
E.
F.
G. Contract Award, Contract Signing and Contract Term
This RFP consists of two modules. Module 1 is for the Storage and Auction of seized vehicles and Module 2 is for Auction services for seized businesses. Bidders may submit proposals for one or both Modules. Each Module will be evaluated on a stand-alone basis. The Department will award multiple contracts for each Module.
The Bidder must agree to sign a contract within thirty (30) days of Notification of Award. If the Bidder fails to do so, the Department reserves the right to begin negotiations with the next highest ranked Bidder. The Preliminary Contract is attached as Exhibit C. Any exceptions or additions to the terms and conditions of the Preliminary Contract must be identified in the Bidder’s proposal. The Department will not sign any vendor supplied contract documents. As such, if there are specific terms to be included in the final Contract, they must be submitted in response to Section VI.B.19.
Module 1
The Department will award one Contract to the successful Bidder for each of the ten Geographic Locations within the regions identified for an initial term of three (3) years commencing upon approval of the New York State Attorney General and Office of the State Comptroller. The Contract may be renewed by mutual agreement of all parties for two (2), one (1) year periods. Upon expiration of the Contract, the Department reserves the right to extend the Contract until such time that all assets in the possession of the Contractor at time of Contract expiration are returned to the child support/tax debtor or sold at auction or a maximum of six months, whichever comes first. During the extension period, the Department will not provide additional assets for storage/auction.
Module 2
The Department will award two contracts (a primary and a secondary) in each of the five Regions identified for an initial term of three (3) years commencing upon approval of the New York State Attorney General and Office of the State Comptroller. The Contract may be renewed by mutual agreement of all parties for two (2), one (1) year periods.
Post-award assignment of Auctions
Each time the Department determines that a seized business is ready to be auctioned, the Department will contact the awarded Vendor within that Region with the lowest auction fee percentage (the Department will consider both the buyer’s premium and commission). If that Vendor is unavailable within the scheduled timeframe the Department will move to the secondary vendor.
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New York State Department of Taxation and Finance
Request for Proposals (RFP) 14-01 Storage and Auction Services
RFP Key Points
1. Read the RFP in its entirety. Note key items such as: critical dates, qualifying and mandatory requirements, services required and proposal packaging requirements.
2. Note the name, address, phone numbers and e-mail address of the designated contacts. These are the only individuals that you are permitted to contact regarding this RFP.
3. All amendments, clarifications, Bidder questions with the Department responses and any announcements relating to this bid will be posted on the Department’s website. It is the Bidder’s responsibility to check the Department’s website periodically for any updates. All applicable amendment information must be incorporated into the Bidder’s proposal. Failure to include this information in your proposal may result in disqualification or a reduced technical score.
4. Take advantage of the question and answer periods. Submit your questions by one of the methods identified by the dates and times listed in the Schedule of Events. Responses and copies of the questions will be posted on the Department’s Procurement website at: http://www.tax.ny.gov/about/procure.
5. File a “Notification of Intent to Bid” form by the date listed in the Schedule of Events.
6. Provide complete answers/descriptions. Bidder proposals must completely address all qualifying and mandatory requirements. To ensure you are not unnecessarily disqualified from bid evaluation, thoroughly read all proposal requirements and provide complete responses. Use all the forms provided to submit your response. Vague or incomplete responses to desirable requirements may result in a reduced technical score.
7. Review the RFP document and your proposal. Make sure all requirements are addressed and all copies are identical and complete.
8. Package your proposal as required in the RFP. Make sure your proposal conforms to the packaging requirements. Proposals not packaged accordingly may be deemed non-responsive.
9. Submit your proposal on time. Except as specified in Section VI.A.16.e, proposals received after the date and time in the Schedule of Events will not be considered for award and may be returned, unopened, to the sender.
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New York State Department of Taxation and Finance
Request for Proposals (RFP) 14-01 Storage and Auction Services
I. Introduction
Module 1 – Storage and Auction Services for Seized Vehicles
A. Purpose
The New York State Department of Taxation and Finance (Department or DTF) is soliciting proposals from qualified entities to provide storage and public auction services for vehicles (cars, trucks, motorcycles, SUVs, boats, recreational vehicles, aircrafts, etc.) that have been seized due to delinquent Child Support or Tax debt.
This RFP consists of two modules. Module 1 is for the Storage and Auction of seized vehicles and Module 2 is for Auction services for seized businesses. Bidders may submit proposals for one or both Modules. Each Module will be evaluated on a stand-alone basis. The Department will award multiple contracts for each Module. The Department is seeking proposals from entities to provide Storage and Auction Services for seized vehicles in each of the ten (10) Geographic Locations within the five (5) Regions defined by New York State (see maps on page 12 and 15). The Department reserves the right to restructure the Regions and/or Geographic Locations. In their bid response the Bidder must identify the Geographic Location for which they are submitting a bid. If submitting a proposal for Geographic Locations within Regions 1, 2, 3 and 5, Bidders must have a storage area within that Region. For Region 4, the Bidder must have a location within 50 miles of the region. If the Bidder is responding to multiple Geographic Locations, a separate proposal should be submitted for each Geographic Location (technical, administrative and financial).