GROUP 10100 – Basic Medical Supplies and Equipment (Statewide)PAGE 1
State of New York Executive DepartmentOffice of General Services - New York State Procurement
Corning Tower - 38thFloor
Empire State Plaza
Albany, NY 12242
INVITATION FOR BIDS
REVISED 8-22-13
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 OPENINGDATE: 10/1/2013
TIME: 11:00 AM ET / TITLE: 10100Basic Medical Supplies and Equipment (Statewide)
Classification Codes: 42
INVITATION FOR BIDS NUMBER:
22720 / SPECIFICATIONREFERENCE:
As Incorporated in the Invitation For Bids
CONTRACT PERIOD:Three years with two optional one-year renewals
DESIGNATED CONTACTS
PRIMARY CONTACT
Sharon Featherstone / SECONDARY CONTACT
William Reilly / TERTIARY CONTACT
Tyler Feane
E-mail address:
The bid must be fully and properly executed by an authorized person. By signing you certify your express authority to sign on behalf of yourself, your company, or other entity and full knowledge and acceptance of this INVITATION FOR BIDS, Appendix A (Standard Clauses For New York State Contracts), Appendix B (OGS General Specifications), and State Finance Law §139-j and §139-k (Procurement Lobbying), and that all information provided is complete, true and accurate. By signing, bidder affirms that it understands and agrees to comply with the OGS procedures relative to permissible contacts as required by State Finance Law §139-j (3) and §139-j (6) (b). Information may be accessed at:
Procurement Lobbying:
Bidder’s Federal Tax Identification Number:(Do Not Use Social Security Number) / NYS Vendor Identification Number:
(See “New York State Vendor File Registration” clause)
Legal Business Name of Company Bidding:
D/B/A - Doing Business As (if applicable):
Street / City / State / County / Zip Code
If applicable, place an “x” in the appropriate box(es) (check all that apply): / ☐ / NYS Small Business
#Employees / ☐ / NYS Minority Owned Business / ☐ / NYS Women Owned Business
If applicable, place an “x” in the appropriate box(es) (check all that apply): / ☐ / Manufactured
Within NYS / ☐ / Solely Manufactured Outside NYS / ☐ / Partially Manufactured Outside NYS %
If you are not bidding, place an “x” in the box and return this page only.
☐ / WE ARE UNABLE TO BID AT THIS TIME BECAUSE:
Bidder’s Signature:
Title: / Printed or Typed Name:
Date:
Phone: / Extension / Toll Free Phone: / Extension
Fax: / Extension / Toll Free Fax: / Extension
E-mail Address: / Company Website:
FOR NEW YORK STATE PROCUREMENT USE ONLY
P.R. # 22720 / LIT / MEMO / LET / OTHER / MISSING PAGES
RETURN THIS PAGE AS PART OF BID OR NO-BID
INDIVIDUAL, CORPORATION, PARTNERSHIP, OR LLC ACKNOWLEDGMENTSTATE OF
:SS.:
COUNTY OF
On the day of _ in the year 20, before me personally appeared , known to me to be the person who executed the foregoing instrument, who, being duly sworn by me did depose and say that _heshe resides at______,
Townof______, Countyof______,
State of ______; and further that:
[Check One]
☐ / If an individual): __hesheexecuted the foregoing instrument in his/her name and on his/her own behalf.
☐ / If a corporation): __hesheis the ______of ______, the corporation described in said instrument; that, by authority of the Board of Directors of said corporation, __hesheis authorized to execute the foregoing instrument on behalf of the corporation for purposes set forth therein; and that, pursuant to that authority, __hesheexecuted the foregoing instrument in the name of and on behalf of said corporation as the act and deed of said corporation.
☐ / If a partnership): __hesheis the ______of ______, the partnership described in said instrument; that, by the terms of said partnership, _he is authorized to execute the foregoing instrument on behalf of the partnership for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said partnership as the act and deed of said partnership.
☐ / Ifalimitedliabilitycompany): __hesheis a duly authorized member of ______LLC, the limited liability company described in said instrument; that _he is authorized to execute the foregoing instrument on behalf of the limited liability company for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said limited liability company as the act and deed of said limited liability company.
______
Notary Public
Registration No.
RETURN THIS PAGE AS PART OF BID
GROUP 10100 – Basic Medical Supplies and Equipment (Statewide)PAGE 1
Contents
Section 1: Introduction
1.1OVERVIEW AND SCOPE
1.2JOINT VENTURES
1.3DETAILED SCOPE
1.4ESTIMATED SPEND AND QUANTITIES
1.5KEY EVENTS/DATES
1.6INQUIRIES
1.7PRE-BID CONFERENCE
1.8DEFINITIONS
Section 2: Bidder Requirements
2.1QUALIFICATION OF BIDDER
2.2REFERENCES
2.3FINANCIAL STABILITY
2.4VERIFIABLE SALES
Section 3: Bid Submittal
3.1NOTICE TO POTENTIAL BIDDERS
3.2NOTICE TO BIDDERS
3.3PERFORMANCE AND BID BONDS
3.4BID DEVIATIONS
3.5RESPONSIVENESS
3.6INCORPORATION
3.7PROPOSAL LIABILITY
3.8PRICING INFORMATION
3.9MINIMUM NUMBER OF BID ITEMS
3.10NO-BID ITEMS AND REPLACEMENT BID PENALTIES
3.11SPECIFICATIONS AND SUBSTITUTIONS
3.12PUBLISHED PRICE LIST
3.13FORMAT AND CONTENT OF BID SUBMITTAL
3.14BID DELIVERY
3.15IMPORTANT BUILDING ACCESS PROCEDURES
3.16ELECTRONIC BID OPENING RESULTS
3.17NEW YORK STATE PROCUREMENT RIGHTS
Section 4: Method of Award
4.1BEST AND FINAL OFFER
4.2METHOD OF AWARD
4.3MARKET BASKETS
4.4EVALUATION PROCESS
4.5NOTIFICATION OF AWARD
Section 5: Administration
5.1CONTRACT AMENDMENT PROCESS
5.2CONTRACT ADMINISTRATOR
5.3DISPUTE RESOLUTION POLICY
Section 6: Terms and Conditions
6.1PROCUREMENT INSTRUCTIONS
6.2ORDERING
6.3EMERGENCY PURCHASING
6.4DELIVERY
6.5SHIPPING CHARGES
6.6PACKAGING
6.7INSTRUCTION MANUALS
6.8SAFETY DEVICES
6.9PRODUCT RETURNS
6.10DISCREPANCIES
6.11INVOICING AND RECEIPTS
6.12CONTRACT PRICE LIST
6.13INTERNET ACCESS TO CONTRACT PRICING INFORMATION
6.14CONTRACT PRICE LIST UPDATES
6.15STANDARDIZED LIST ITEM UPDATES
6.16BEST PRICING OFFER
6.17DISCOUNTS
6.18SALES FLYERS
6.19RECALLS
6.20DEBRIEFING
6.21REPORT OF CONTRACT USAGE
6.22APPENDIX A
6.23APPENDIX B
6.24APPENDIX C
6.25MERCURY ADDED CONSUMER PRODUCTS
6.26DIESEL EMISSION REDUCTION ACT OF 2006
6.27CONTRACTOR 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
6.28NEW YORK STATE VENDOR FILE REGISTRATION
6.29NEW YORK STATE VENDOR RESPONSIBILITY QUESTIONNAIRE FOR-PROFIT BUSINESS ENTITY (hereinafter the “Questionnaire”)
6.30TAX LAW §5-A
6.31USE OF RECYCLED OR REMANUFACTURED MATERIALS
6.32ENVIRONMENTAL ATTRIBUTES AND NYS EXECUTIVE ORDER 4
6.33"OGS OR LESS" GUIDELINES APPLY TO THIS CONTRACT
6.34NON-STATE AGENCIES PARTICIPATION IN CENTRALIZED CONTRACTS
6.35EXTENSION OF USE
6.36EXTENSION OF USE COMMITMENT
6.37CONTRACT PERIOD AND RENEWALS
6.38SHORT TERM EXTENSION
6.39POOR PERFORMANCE
6.40BASIC WARRANTY
6.41OVERLAPPING CONTRACT ITEMS
6.42IRAN DIVESTMENT ACT
6.43PREFERRED SOURCE PRODUCTS
6.44NEW YORK STATE REQUIRED CERTIFICATIONS
6.45NEW ACCOUNTS
APPENDICES AND ATTACHMENTS
APPENDICES
Appendix A - Standard Clauses for New York State Contracts (December 2012)
Appendix B - General Specifications (July 2006)
Appendix C - EqualEmploymentOpportunity Staffing Plan (EEO100)
ATTACHMENTS
Attachment1 - Price Pages
Attachment 2 - General Questions
Attachment 3-New York State Required Certifications
Attachment 4 - Insurance Requirements
Attachment 5 - Report of Contract Usage
Attachment 6 - Inquiries Template
Attachment 7-Market Basket Comparison Evaluation Statistics
Attachment 8 - Encouraging Use Of New York State BusinessesIn Contract Performance
GROUP 10100 – Basic Medical Supplies and Equipment (Statewide)PAGE 1
Section1:Introduction
This Invitation for Bids (IFB) is issued by the New York State Office of General Services (OGS) New York State Procurement (NYSPro), in conjunction with the New York State Strategic Sourcing Team. The commodity Contracts awarded as a result of this IFB will be centralized Contracts primarily for, but not limited to, New York State Agencies (see Section 6.34Non-State Agencies Participation in Centralized Contracts).Accordingly, references to State agencies and Authorized Users under this IFB and the ensuing Contract(s) encompass and include all entities within the definition of “Authorized User” set forth inState Finance Law §163(1)(k).
This IFB outlines the terms and conditions, and all applicable information required for submitting a bid. A Bidder should pay strict attention to the bid submission date and time to prevent disqualification.To ensure compliance with bid requirements and prevent possible disqualification, Bidders must follow the format and instructions in
Section 3.13Format and Content of Bid Submittal.
1.1OVERVIEW AND SCOPE
The State of New York proposes to establish Primary and Secondary statewideContractsfor specific product segments within the Basic Medical Supplies and Equipment category with authorized distributors or manufacturersbased on the terms and conditions contained herein.It is the intent of this solicitation to award up to two (2) Contracts. Theresulting Contract(s)are meant to be comprehensive, covering a broad range of basic medical supplies and equipmentto be utilized in the medical environment. Services, including but not limited to removal, service and maintenance, and inventory management are excluded from the scope of this IFB.
This IFB is composed of three (3) Sub-Lots, which are specified in Section 1.3Detailed Scope. A Bidder is required to bid on every Sub-Lot. A Bidder is required to bid on a minimum number of items in each Sub-Lot, as identified in Attachment 1 – Price Pages.
1.1.1Standardized Items (Sub-Lot 1)
A Standardized List of items will be used to collect pricing for evaluation. This is a list of items that are frequently purchased across the State. The State has provided this list of frequently purchased items to allow Bidders to provide better net pricing and discounts per item than their Brand Name or Private Label catalog discount allows. Due to the high frequency of these purchases, Bidders are encouraged to provide a competitive Net Price per item. Historical annual spend for each item has been provided to Bidders in Attachment 1 – Price Pages. Please note that the items in the Standardized List contain items that cross other Sub-Lots.
1.1.2Market Basket Items (Sub-Lots 2-3)
A Market Basket will be used to collect pricing for evaluation purposes only. These Market Baskets will consist of 40 items and are further defined in Section 4.3 – Market Baskets. For each Market Basket, a Bidder must bid a Brand Name Discount which will apply to all Brand Name items. If a Bidder’s product offering includes Private Label items, a Bidder may also bid a Private Label Discount which will apply to all Private Label items. For each Market Basket item, a Bidder will indicate if an item bid is a Brand Name or Private Label item. The applicable Brand Name Discount or Private Label Discount percentage will be applied to the Bidder’s provided List Price to determine the Net Price for each individual item. If a Bidder does not bid a Private Label Discount, but identifies an item as Private Label, the Brand Name Discount percent will be applied to that item’s List Price.
1.2JOINT VENTURES
OGS encourages Joint Ventures and sub-contracting with New York State Certified Minority and Women-owned Business Enterprises (MWBE) as well as specialized supply companies for particular items within each Sub-Lot.
Joint ventures between two (2) or more companies are permitted, however one (1) single company must be designated as the primary Bidder and only one (1) single bid package shall be submitted.
1.3DETAILED SCOPE
Estimated Spend / Sub-Lot / Sub-Lot Name / Sub-Lot Description5.6M / 1 / Standardized List / List of frequently purchased items that have been standardized.
1.7M / 2 / General Consumables and Supplies / Items used widely within a medical environment. Examples are gloves, bandages, ointments, soap, brushes, incontinence supplies, enemas, catheters, and nebulizers.
350K / 3 / Basic Equipment and Instruments / Equipment used in a medical environment which generally requires no independent software or peripherals to operate. Examples are wheelchairs, patient lifts, scales, thermometers and sphygmomanometers.
Further details surrounding Sub-Lot structure and how it relates to the method of award will follow later in this document.
1.4ESTIMATED SPEND AND QUANTITIES
Thespend listed in this IFBis estimated only. No specific quantities are represented or guaranteed. See “Estimated/Specific Quantity Contracts” and “Participation in Centralized Contracts” in Appendix B, OGS General Specifications.The estimated total yearly value is $7.6Mon a statewide basis.
1.5KEY EVENTS/DATES
Event / Date / TimeIFB Release / August 8, 2013 / N/A
Close of Registration for Pre-Bid Conference / September 6, 2013 / 11:00 AM ET
Pre-Bid Conference:
Location
NYS Office of General Services
Corning Tower – 29th Floor Conference Room
Empire State Plaza
Albany, NY 12242
/ September 9, 2013 / 10:00 AM to 11:00 AM ET
Closing Date for Inquiry Period / September 12, 2013 / 11:00 AM ET
Bids Due / October 9, 2013 / 11:00 AM ET
1.6INQUIRIES
1.6.1Summary of Policy and Prohibitions on Procurement Lobbying
Pursuant to State Finance Law §§139-j and 139-k, this IFB includes and imposes certain restrictions on communications between OGS and a Bidder during the procurement process. A Bidder is restricted from making contacts from the earliest notice of intent to solicit offers/bids through final award and approval of the Procurement Contract by OGS and, if applicable, the Office of the State Comptroller (“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 IFB. OGS employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Bidder pursuant to these two (2) statutes. Certain findings of non-responsibility can result in rejection for Contract award and in the event of two (2) findings within a four (4) year period; the Bidder is debarred from obtaining governmental Procurement Contracts. Further information about these requirements can be found on the OGS website:
1.6.2Inquiries
All questions must be submitted in writing using “Attachment 6 - Inquiries Template,” citing the applicable IFB document name and document section. The completed Attachment 6 - Inquiries Template must be emailed to y the date and time indicated in Section 1.5Key Events/Dates. Inquiries submitted after the Closing Date for Inquiries will not be answered. A Bidder is strongly encouraged to submit questions at their earliest convenience. A Bidder should note that all clarifications, including those relating to the terms and conditions of the Contract, are to be resolved prior to the submission of a bid. Answers to all questions of a substantive nature will be provided to all Prospective Bidders in the form of a question and answer document which will be posted and released through the OGS Bidder Notification Service (BNS)
1.7PRE-BID CONFERENCE
APre-Bid Conference will be hosted by OGS to review this IFB. Although attending the Pre-Bid Conference is not mandatory, it is highly encouraged. The Pre-Bid Conference will be held at the location, date and time listed in Section 1.5Key Events/Dates. Please refer to Section 3.15Important Building Access Procedures for information relating to access to the Corning Tower.
To register for the Pre-Bid Conference, the following information must be provided in an e-mail to by the date and time listed in Section 1.5Key Events/Dates 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, including the specific location upon receipt of registration by OGS.
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 thePre-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.
1.8DEFINITIONS
“Authorized User(s)” as defined in State Finance Law §163(1)(k).
“Bidder” shall refer to any business entity who submits a response to this IFB. At the time that the Bidder executes a Contract with the State, a Bidder shall become a “Contractor.” See also “Contractor.”
“Business Day” shall refer to Monday through Friday, excluding State holidays.
“Business Hours” shall refer to 8:00 AM to 5:00 PM ET on Business Days.
“Contract” as defined in Appendix B.
“Contract Price List” is a list of items available on Contract, created and maintained by the Contractor and approved by OGS that contains Net Prices for Authorized Users.
“Contractor” shall refer to a responsive and responsible Bidder who has attained a best price score for the IFB event and is working under an executed Contract with New York State. Contractor is a general term.
“Brand Name”shall refer to a name that serves to identify a manufacturer’s product and may be protected by a trade name or trademark.
“Executive Agency” shall refer to all state departments, offices or institutions but, for the purposes of this IFB, excludes the State University of New York and excludes City University of New York.Furthermore, such term shall not include the legislature and judiciary. The term “Executive Agency” does not include any public benefit corporation, public authority, or local government entity.
“Form, Function, and Utility” shall refer to the minimum essential requirements that will meet an Authorized User’s needs for an item and/or for an order. These requirements are defined by the Authorized User. Requirements may include quality, quantity, delivery terms, packaging, performance standards, and compatibility, among others.
“Invitation for Bids (IFB)” shall refer to this document, and its appendices and attachments.
“Joint Venture” shall mean a contractual agreement joining together two (2) or more business enterprises, for the purpose of performing on a State Contract. This is encouraged with certified minority- or woman-owned business enterprise and suppliers who specialize in providing certain commodities.
“List Price” shall refer to the published price for an item found in a Bidder’s Published Price List. See also “Published Price List.”
“Market Basket”shall be defined as a list of items that are historically purchased within a Sub-Lot by Authorized Users and that have been selected to sample a Bidder’s pricing for evaluation. A Market Basket is not used to rationalize the number and type of items purchased by an Authorized User, but is used solely as a representative sample.
“May” denotes the permissive in a Contract clause or specification. “May” does not mean “required.” Also see “Shall” and “Must.”
“Must” denotes the imperative in a Contract clause or specification. “Must” is synonymous with “required.” Also see “Shall” and “May.”
“MWBE” shall refer to a business certified with the New York State Empire State Development (ESD) as a Minority and/or Women-owned Business Enterprise
“Net Price” shall refer to the price extended to New York State. Net price shall include all customs, duties and charges and include delivery of F.O.B. destination to any point in New York State.
“Net Unit Price” shall refer to the price after all discounts, rebates, etc., have been allowed.