GROUP 12000 – Medical and Laboratory Supplies and Equipment (Statewide)PAGE 1
State of New York Executive DepartmentOffice of General Services - Procurement Services Group
Corning Tower - 38thFloor
Empire State Plaza
Albany, NY 12242
INVITATION FOR BIDS
Revised 2/6/13
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: 02/21/2013
TIME: 11:00 AM ET / TITLE: 12000Medical and Laboratory Supplies and Equipment (Statewide)
Classification Codes: 10, 12, 41, 42, 53, 56 and 76
INVITATION FOR BIDS NUMBER:
22563 / 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
Kimberly Miller / 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 (check all that apply): / ☐ / Small Business
#Employees / ☐ / Minority Owned Business / ☐ / Women Owned Business
If applicable, place an “x” in the appropriate box (check all that apply): / ☐ / Manufactured Within
New York State / ☐ / Manufactured Outside
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:
Title: / Printed or Typed Name:
Date:
Phone: / Extension / Toll Free Phone: / Extension
Fax: / Extension / Toll Free Fax: / Extension
E-mail Address: / Company Website:
FOR PROCUREMENT SERVICES GROUP USE ONLY
P.R. # 022563 / LIT / MEMO / LET / OTHER / MISSING PAGES
INDIVIDUAL, CORPORATION, PARTNERSHIP, OR LLC ACKNOWLEDGMENT
STATE OF
:SS.:
COUNTY OF
On the day of _ in the year 20, before me personally appeared , known to me to be the person who executed the foregoing instrument, who, being duly sworn by me did depose and say that _heshe resides 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.
GROUP 12000 – Medical and Laboratory Supplies and Equipment (Statewide)PAGE 1
Contents
Section 1: Introduction
1.1OVERVIEW AND SCOPE
1.2DETAILED SCOPE
1.3ESTIMATED SPEND AND QUANTITIES
1.4KEY EVENTS/DATES
1.5INQUIRIES
1.6PRE-BID CONFERENCE
1.7DEFINITIONS
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-BIDS AND REPLACEMENT BIDS
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
4.1METHOD OF AWARD
4.2MARKET BASKETS
4.3EVALUATION PROCESS
4.4NOTIFICATION 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
6.7PACKAGING
6.8INSTRUCTION MANUALS
6.9SAFETY DEVICES
6.10PRODUCT RETURNS
6.11DISCREPANCIES
6.12INVOICING AND RECEIPTS
6.13CONTRACT PRICE LIST
6.14INTERNET ACCESS TO CONTRACT PRICING INFORMATION
6.15CONTRACT PRICE LIST UPDATES
6.16STANDARDIZED LIST ITEM UPDATES
6.17BEST PRICING OFFER
6.18DISCOUNTS
6.19SALES FLYERS
6.20RECALLS
6.21DEBRIEFING
6.22REPORT OF CONTRACT USAGE
6.23APPENDIX A
6.24APPENDIX B
6.25APPENDIX C
6.26MERCURY ADDED CONSUMER PRODUCTS
6.27DIESEL EMISSION REDUCTION ACT OF 2006
6.28CONTRACTOR 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
6.29NEW YORK STATE VENDOR FILE REGISTRATION
6.30NEW YORK STATE VENDOR RESPONSIBILITY QUESTIONNAIRE FOR-PROFIT BUSINESS ENTITY (hereinafter the “Questionnaire”)
6.31TAX LAW §5-A
6.32USE OF RECYCLED OR REMANUFACTURED MATERIALS
6.33ENVIRONMENTAL ATTRIBUTES AND NYS EXECUTIVE ORDER 4
6.34"OGS OR LESS" GUIDELINES APPLY TO THIS CONTRACT
6.35NON-STATE AGENCIES PARTICIPATION IN CENTRALIZED CONTRACTS
6.36EXTENSION OF USE
6.37EXTENSION OF USE COMMITMENT
6.38CONTRACT PERIOD AND RENEWALS
6.39SHORT TERM EXTENSION
6.40POOR PERFORMANCE
6.41BASIC WARRANTY
6.42OVERLAPPING CONTRACT ITEMS
6.43IRAN DIVESTMENT ACT
6.44PREFERRED SOURCE PRODUCTS
6.45NEW YORK STATE REQUIRED CERTIFICATIONS
6.46NEW 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
Attachment 1.1 – Lot 1 - Price Pages, Revised 2/6/13
Attachment 1.2 – Lot 2 - Price Pages, Revised 2/6/13
Attachment 1.3 – Lot 3 - Price Pages, Revised 1/23/13
Attachment 1.4 – Lot 4 - Price Pages, Revised 2/6/13
Attachment 2 - General Questions, Revised 2/6/13
Attachment 3-New York State Required Certifications
Attachment 4 - Insurance Requirements
Attachment 5 - Report of Contract Usage
Attachment 6 - Inquiries Template
Attachment 7-Market Basket Comparison Evaluation Statistics
GROUP 12000 – Medical and Laboratory Supplies and Equipment (Statewide)PAGE 1
Section1:Introduction
Since taking office in January 2011, Governor Andrew Cuomo has committed his administration to implementing enterprise-wide changes that will utilize modern business practices in running New York State government. New Yorkers need a government in which they can take pride, and this comprehensive overhaul of operations will help accomplish that goal. This IFB is a part of Governor Cuomo’s Procurement Transformation, by the Division of the Budget and the Office of General Services and focuses on implementing best practices and identifying opportunities for savings. The new procurement process will balance the needs of achieving savings with the administration's policy goals of encouraging small businesses and certified minority and women business enterprises. The scope, contents and format of this IFB are structured in accordance with the goals of the initiative and Bidders are encouraged to review the information contained in this IFB thoroughly to understand the extent of changes from the present Contracts. For more information on the initiative, Bidders can refer to:
This Invitation for Bids (IFB) is issued by the New York State Office of General Services (OGS) Procurement Services Group, 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 6.35Non-State Agencies Participation in Centralized Contracts).Accordingly, references to the State and its agenciesas Authorized Users under this IFB and the ensuing Contract(s) encompass and include all such entities within the definition of “Authorized User” set forth in Appendix B, §5 Definitions.
This IFB outlines the terms and conditions, and all applicable information required for submitting a bid. A Bidder should pay strict attention to the bid submission date and time to prevent disqualification.To ensure compliance with bid requirements and prevent possible disqualification, Bidders must follow the format and instructions in
Section 3.13Format 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 Medical and Laboratory 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 eight (8) Contracts, two (2) Contract awards for each of four Lots. ThisContractis meant to be comprehensive, covering a broad range of medical and laboratory supplies and equipmentto be utilized in the medical and laboratory environment. Services, including but not limited to removal, service and maintenance, and inventory management are excluded from the scope of this IFB.
This IFB is composed of four Lots, which are specified in Section 1.2Detailed Scope. Lots 1 and 2 contain several Sub-Lots; A Bidders is not required to bid on every Lot, however, a Bidder is required to bid on all Sub-Lots within any given Lot that it chooses to bid.A Bidder should note that several Sub-Lots between Lots 1 and 2 are the same, and the State intends to award the overlapping Sub-Lots to awardees of both Lots. Lots 3 and 4 are each comprised of a single Lot, and Bidders are required to bid on a given Lot in its entirety.
1.1.1Lots 1 and 2, Sub-Lot 1
A Standardized List of items will be used to collect pricing for evaluation. This is a list of standard items that are frequently purchased across the State. The State has provided this list of frequently purchased items to allow bidders to provide better pricing per item than their 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 will be provided to Bidders in Attachment 1 – Price Pages. Please note that the items in the Standardized Lists are not related to any specific Sub-Lot but rather, contain items that cross all Sub-Lots within Lots 1 and 2.
1.1.2Lots 1 and 2, Sub-Lots 2 – 8 and Lots 3 and 4
A Market Basket will be used to collect pricing for evaluation. These Market Baskets will consist of 40 items and are further defined in Section 4.2 – Market Baskets. A Bidder shall submit one Discount percentage off of List Price for each Sub-Lot or Lot bid. A Bidder must also submit a List Price for all items bid in a given Market Basket. The Discount percentage will be applied to the Bidder’s provided List Price to determine the Net Price for each individual item.
1.1.3Sub-Lot Overlap
There are two Sub-Lots that appear in both Lots 1 and 2. These Sub-Lots are Apparel/Personal Protective Supplies and Sterilization, Cleaning and Housekeeping Supplies. Bidders should note that the estimated historical spend for each of these Sub-Lots is duplicated across Lots 1 and 2. Since these items are used in both a laboratory and medical setting, these Sub-Lots will be awarded under both Lots. See Section 6.42Overlapping Contract Items for more details.
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 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.
1.2DETAILED SCOPE
- Lot 1 – Basic Laboratory Supplies and Equipment
Estimated Spend / Sub-Lot / Sub-Lot Name / Sub-Lot Description
5.7M / 1 / Standardized List / List of frequently purchased items that have been standardized.
4.9M / 2 / Apparel/Personal Protective Supplies / Items designed to protect the wearer’s body from injury and infection.Examples are hearing protection, gloves, shoe covers, lab coats, face shields, and respirators.
2.9M / 3 / Basic Equipment / Standalone equipment used in a laboratory environment which generally requires no independent software or peripherals to operate. Examples are biological safety cabinets, refrigerators, freezers, and centrifuges.
Appliances / Portable or semi-portable machines, generally used on table-tops, counter-tops, or other platforms, to accomplish a laboratory task. Examples are blenders, burners, shakers, and hot plates.
Furniture and Fixtures / Furniture used in a laboratory environment. Examples are chemical cabinets, carts, and tables.
5.4M / 4 / Equipment Peripherals and Supplies / Auxiliary devices or supplies that support a laboratory device. Examples are pipette tips, refrigerator and freezer racks, and x-ray film.
4.9M / 5 / General Consumables and Supplies / Items used widely within a laboratory environment. Examples are applicators, wraps, swabs, and syringes.
3.2M / 6 / Glassware and Plasticware / Items used for a wide variety of functions, including volumetric measuring, holding or storing. Examples are beakers, pipets, petri dishes, casseroles, and tubes.
683K / 7 / Instruments / Portable items used to test and measure. Examples are meters, micropipetters, and calculators.
1.2M / 8 / Sterilization, Cleaning and Housekeeping Supplies / Items designed to keep an environment clean and free from bacteria. Examples are cleaners, wipes, autoclave bags, and sharps containers.
- Lot 2 – Basic Medical Supplies and Equipment
Estimated Spend / Sub-Lot / Sub-Lot Name / Sub-Lot Description
4.7M / 1 / Standardized List / List of frequently purchased items that have been standardized.
4.9M / 2 / Apparel/Personal Protective Supplies / Items designed to protect the wearer’s body from injury and infection.Examples are hearing protection, gloves, shoe covers, lab coats, face shields, and respirators.
215K / 3 / Basic Equipment / Standalone equipment used in a medical environment which generally requires no independent software or peripherals to operate.Examples are wheelchairs, patient lifts, and scales.
925K / 4 / Consumables and Supplies / Items used widely within a medical environment.Examples are enemas, catheters, and nebulizers.
333K / 5 / Infection/Wound Care and Prevention / Items designed to prevent infection in persons.Examples are bandages, ointments, tape, and cotton.
135K / 6 / Instruments / Medical-specific, portable items used to test and measure.Examples are thermometers, and sphygmomanometers.
4.4M / 7 / Personal Care Supplies / Items used for maintaining hygiene and cleanliness in an individual.Examples are soap, brushes, incontinence supplies, and toothpaste.
1.2M / 8 / Sterilization, Cleaning and Housekeeping Supplies / Items designed to keep an environment clean and free from bacteria.Examples are cleaners, wipes, autoclave bags, and sharps containers.
- Lot 3 – Basic Chemicals
Estimated Spend / Lot Description
7.4M / Basic Chemicals include products that contain basic and complex chemical compounds routinely used in laboratory or medical settings and readily available in the market place.Examples are acids, bases, alcohols, desiccants, drying agents, detergents, surfactants, dyes, stains, indicators, water, resins, metals, standards, polymers, solvents, organic and inorganics.
- Lot 4 – Basic Biological Materials
Estimated Spend / Lot Description
13M / Basic Biological Materials include products that contain basic biological substances routinely used in laboratory or medical settings and readily available in the market place.Examples are carbohydrates, lipids, nucleic acids, proteins, antibiotics, antimycotics, cells, culture reagents, growth factors, hormones and reagent kits.
Further details surrounding lot structure and how it relates to the method of award will follow later in this document.
1.3ESTIMATED SPEND AND QUANTITIES
The spend and quantities listed in this IFB are estimated.See “Estimated/Specific Quantity Contracts” and “Participation in Centralized Contracts” in Appendix B, OGS General Specifications.The estimated total yearly value is $60Mfor all four lots on a statewide basis. The following is the historical yearly spend for each lot:
- Lot 1: Basic Laboratory Supplies and Equipment ($28.9M)
- Lot 2: Basic Medical Supplies and Equipment ($16.8M)
- Lot 3: Basic Chemicals ($13M)
- Lot 4: Basic Biological Materials ($7.4)
A bidder should note that the sum of the historical yearly spend for each lot is greater than the estimated total yearly value of $60M. This is due to overlapping Sub-Lots between Lots 1 and 2. See Section 1.1.3 for details. Each Contract awarded under this IFB shall be for the quantities or dollar values actually ordered during the Contract period. The individual value of each Contract is indeterminate and will depend upon the number of Contracts issued and the competitiveness of the pricing offered.
1.4KEY EVENTS/DATES
Event / Date / TimeIFB Release / November 16, 2012 / N/A
Close of Registration for Pre-Bid Conference / November 27, 2012 / 2:00 PM ET
Pre-Bid Conference / November 28, 2012 / 10:00 AM to 12:00 PM ET
Closing Date for Inquiries / December 3, 2012 / 11:00 AM ET
Closing Date for Second Inquiry Period / January 3, 2013 / 11:00 AM ET
Closing Date for Third Inquiry Period / February 1, 2013 / 11:00 AM ET
Bids Due / Bid Opening / February 21, 2013 / 11:00 AM ET
1.5INQUIRIES
1.5.1Summary 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: