If B Template

State of New York Executive Department
Office of General Services - Procurement Services Group
Corning Tower - 38thFloor
Empire State Plaza
Albany, NY 12242
INVITATION FOR BIDS
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 TITLE: Group
DATE:
TIME: 11:00 AM
Classification Code(s):
INVITATION FOR BIDS NUMBER: SPECIFICATION REFERENCE:
As Incorporated in the Invitation For Bids
CONTRACT PERIOD:
DESIGNATED CONTACTS: Team #
Purchasing Officer I Team Leader
Telephone No. (518) Telephone No. (518)
E-mail address: @ogs.ny.gov E-mail address: @ogs.ny.gov
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:

C-IFB.dotx(12/11)
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(Do Not Use Social Security 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 Zip County
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: Date:
Phone : ( ) - ext ( ) Toll Free Phone : ( ) - ext ( )
Fax : ( ) - ext ( ) Toll Free Fax : ( ) - ext ( )
E-mail Address: Company Web Site:

FOR PROCUREMENT SERVICES GROUP USE ONLY
P.R. # LIT  MEMO  MISSING PAGES
LET  OTHER 
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GENERAL INFORMATION
IMPORTANT NOTICE TO POTENTIAL BIDDERS: Receipt of these bid documents does not indicate that the Office
of General Services' Procurement Services Group 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.
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:
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.
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. 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 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:
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State of New York Executive Department
Office of General Services
Procurement Services Group
Corning Tower - 38th Floor Reception Desk
Empire State Plaza
Albany, NY 12242
 FAX transmittals
Facsimile transmittals are NOT acceptable for this solicitation.
 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.
4. 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 Procurement
Services Groups (PSG) 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 PSG Receptionist. The Receptionist will register the visitor at that time but
delays may occur. Vendors who intend to deliver bids or conduct PSG business should allow extra time to comply with
these procedures. Building Access procedures may change or be modified at any time.
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GENERAL INFORMATION (Cont’d)
NON-COLLUSIVE BIDDING CERTIFICATION:
(Reference: State Finance Law Section 139-d and Appendix A, Clause 7)
By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case
of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its
knowledge and belief:
(1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or
agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or
with any competitor;
(2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly
disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any
other bidder or to any competitor; and
(3) No attempt has been made or will be made by the bidder to induce any other person, partnership or
corporation to submit or not submit a bid for the purpose of restricting competition.
In the event that the bidder is unable to certify as stated above, the bidder shall provide a signed statement which
sets forth in detail the reasons why the bidder is unable to furnish the certificate as required in accordance with State
Finance law Section 139-d(1)(b).
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 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 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:
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http://www.ogs.ny.gov/aboutOgs/regulations/defaultAdvisoryCouncil.html
DISPUTE RESOLUTION POLICY:
It is the policy of the Office of General Services’ Procurement Services Group (PSG) to provide vendors with an
opportunity to administratively resolve disputes, complaints or inquiries related to PSG bid solicitations or contract
awards. PSG encourages vendors to seek resolution of disputes through consultation with PSG staff. All such matters
will be accorded impartial and timely consideration. Interested parties may also file formal written disputes. A copy of
PSG’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).
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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 epunit@osc.state.ny.us, 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.
APPENDIX A:
Appendix A, Standard Clauses For New York State Contracts, dated December 2011, 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.
APPENDIX B:
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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.
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. Appendix A (Standard Clauses For NYS Contracts)
b. This Invitation For Bids
c. Appendix B (General Specifications)
d. Bidder’s Bid
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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/
NEW YORK STATE VENDOR RESPONSIBILITY QUESTIONNAIRE FOR-PROFIT BUSINESS ENTITY (hereinafter the
“Questionnaire”)
OGS conducts a review of prospective contractors (“Bidders”) to provide reasonable assurances that the Bidder is
responsive and responsible. A Questionnaire is used for non-construction 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.
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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, the Bidder should complete and certify
(or recertify) the Questionnaire no more than six (6) months prior to the bid opening 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 found by the State that the Bidder’s responses to the Questionnaire were
intentionally false or intentionally incomplete, on such finding, OGS may terminate the Contract. 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.
Contractor certification forms and instructions for completing the forms are attached to this bid. Form No. ST-
220-TD must be filed with and returned directly to DTF. Unless the information upon which the ST-220-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 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.
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.
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 pre-encapsulated
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
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& Recycling at (518) 402-8705 or the Bureau of Hazardous Waste Regulation at 1-800-462-6553 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.
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CONTRACTOR REQUIREMENTS AND PROCEDURES FOR EQUAL EMPLOYMENT AND BUSINESS

PARTICIPATION OPPORTUNITIES FOR MINORITY GROUP MEMBERS AND NEW YORK STATE CERTIFIED
MINORITY- AND WOMEN-OWNED BUSINESS ENTERPRISES
In accordance with Article 15-A of the New York State Executive Law and regulations adopted pursuant thereto,
OGS may establish separate goals for participation of New York State Certified minority and women-owned business
enterprises, at the time of the acquisition, if the acquisition will result in a State contract (1) in excess of $25,000 for
labor, services, equipment, materials, or any combination of the foregoing or (2) in excess of $100,000 for real property
renovations and construction. As a condition of award of the Contract, the Contractor agrees to be bound by the
following to promote equality of economic opportunities for minority group members and women and for the
facilitation of minority-and women-owned business.
a. Equal Employment Opportunity Requirements
By submission of a bid or proposal in response to this solicitation, the Offerer 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 this
contract; or (ii) employment outside New York State.
b. Business Participation Opportunities for New York State Certified Minority and Women-Owned Business
Enterprises (MWBE)
By submission of a bid or proposal in response to this solicitation, the Offerer agrees to make every good faith
effort to promote and assist the participation of New York State Certified Minority and Women-owned Business
Enterprises (MWBE) as subcontractors and suppliers on this contract for the provision of services and materials.
The Directory of New York State Certified Minority and Women-owned Businesses can be viewed at:
http://www.esd.ny.gov/mwbe.html.
ELECTRONIC BID OPENING RESULTS
The Procurement Services Group (PSG) posts bid prices on the OGS/PSG web page. The web page makes
available bid tabulations (i.e.: photocopies of price pages or spreadsheets) received by PSG 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

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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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AUTOTEXT ENTRIES FOR IFBs, LETTER QUOTES & SPECs
Alt+5 = ° (degree sign)
(a1) Appendix 1 - Vendor Responsibility Questions
`NO LONGER UTILIZED - REPLACED WITH NEW CLAUSE IN TEMPLATE
(a2) Appendix 2 - Contractor Certification and Contractor Certification to Covered Agency
(Tax & Finance ST-220-TD and ST-220-CA Forms)
(ll) IFB Lined Paper (w/bidder's box)
(y) Manufacturer’s Affidavit of Recycled Content
(Product - not paper affidavit)
(tt2) For Use ONLY with Wood Furniture and Wood Picnic Tables
Optional questions for products manufactured from wood harvested from forests
(zz)
Manufacturer’s Certificate
(zz2)
Certificate of Manufacture
(Textiles & Apparel)
(9)
Questions at end of IFB with lined paper.
(#) Blank page to be used for documents with odd number of pages.
(continued)
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(5)
(continued)
(a)
(2)
DETAILED SPECIFICATIONS
(3)
DETAILED SPECIFICATIONS (Cont’d)
(i2) (MUST BE MODIFIED BASED ON BID AND CONTRACT REQUIREMENT.)
(All
insurance requirements must be reviewed by Bureau of Risk
Management and pre-approved by Legal Services.)
INSURANCE REQUIREMENT:
(continued)
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(g) (CONFLICT OF TERMS AND CONDITIONS CLAUSE PREVAILS.
USE ONLY IF NEEDED FOR EMPHASIS.)
APPENDIX B NOTES:
(uu) (For use with filed price requirement bids or actual quantity bids.)
The following Appendix B clauses are hereby deleted for the purposes of this solicitation:
Paragraph 60b – Termination for Convenience
(vv) (For use where an exception to 30 day standard Appendix B clause is required or is not
feasible.)
The following Appendix B clauses are hereby modified for the purposes of this solicitation:
Paragraph 45 – Product Delivery – Delivery is required by ______
(ww)
Bidders are directed to pay special attention to the following Appendix B clauses:
(22) (CAN BRIEFLY DESCRIBE CONTENTS OF BID)
SCOPE (BID SYNOPSIS):
(,) (Use for contracts to be bid with other governmental jurisdictions)
SCOPE (COOPERATIVE CONTRACTING):
This bid and any resultant contract(s) is intended to provide a procurement mechanism through cooperative
purchasing agreements by the following collection of jurisdictions: New York, . Each participating entity will
make a final determination on their participation after evaluation of bids and/or issuance of contract(s). Unless
specifically noted otherwise, all references to New York State are intended to refer to all jurisdictions participating in
this Invitation for Bids. To the extent that any inconsistencies exist between these and any special terms and conditions
listed for a jurisdiction, that jurisdiction's terms and conditions shall prevail for that portion of the awarded contract for
that jurisdiction.
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, whether
originally included in the bid solicitation or added subsequently upon mutual agreement, may also participate in any
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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.
(c) (PO Fill in Type of Delivery or Use Option "v" or "x")
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 ordering agency including
In addition, upon mutual agreement, delivery locations may be expanded per the "Extension of Use" clause.
(v)
unloading, moving to point of use, uncrating, assembling, adjusting and leaving ready to operate to the full extent of its
design capabilities, with final connections, if any, to be made by others. Additional fees may be charged when delivery
to point of use is not possible via dock, any other door, stairway or elevator. If special rigging is required, the purchaser
shall pay the additional costs. Such costs shall be prepaid and added to the invoice.
(x)
unloading, moving to point of use, uncrating, assembling, complete installation, adjusting, connecting all services and
leaving ready to operate to the full extent of its design capabilities. Authorized user is responsible for bringing all
services to within 6' of installation site. Additional fees may be charged when delivery to point of use is not possible via
dock, any other door, stairway or elevator. If special rigging is required, the purchaser shall pay the additional costs.
Such costs shall be prepaid and added to the invoice.
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(ss) (NOTE: OSC Discourages use of this clause without quantifying costs for this service.)
If an authorized user requires inside delivery, such as to an upper floor, it must clearly indicate on purchase order
that inside delivery is required and the specific location where inside delivery is required to be made. (Authorized users
should use terminology such as "INSIDE DELIVERY TO ROOM_______LOCATED ON ________FLOOR," etc.,
when inside delivery is required.) An authorized user may be charged additional inside delivery costs when inside
delivery is required; authorized user will not be charged for delivery to building location since price is FOB destination;
authorized user must be informed of the additional cost prior to delivery and agree to the additional charge. NOTE: If it
is determined the contractor is charging excessive amounts for inside delivery, the State may seek reimbursement for
such amounts, may remove the contractor from the list of eligible bidders, and may cancel the contract.
(c2) (PO Information must be filled in including submission of questions date)
INQUIRIES/ISSUING OFFICE:
All inquiries concerning this specification will be addressed to the following PSG designated contact(s) and
issuing office:
PRIMARY CONTACT SECONDARY CONTACT
NYS Office of General Services NYS Office of General Services
Procurement Services Group Procurement Services Group
Corning Tower - 38th Floor Corning Tower - 38th Floor
Empire State Plaza Empire State Plaza
Albany, New York 12242 Albany, New York 12242
Phone No.: (518) Phone No.: (518)
FAX No. (518) FAX No. (518)
E-Mail: E-Mail:
All questions should be submitted in writing no later than _______________, citing the particular bid section and
paragraph number. The prospective bidder should notify the DESIGNATED CONTACT of any term, condition, etc.,
that precludes the vendor from submitting a compliant, responsive bid. Bidders are cautioned to read this document
thoroughly to become familiar with all aspects of the bid. Prospective Bidders should note that all clarifications and
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exceptions including those relating to the terms and conditions of the contract are to be resolved prior to the submission
of a bid. Bidders entering into a contract with the State are expected to comply with all the terms and conditions
contained herein. Answers to all questions of a substantive nature will be given to all Prospective Bidders in the form of
a formal addendum which will become part of the ensuing contract.
(r2)
ELECTRONIC BID OPENING RESULTS
The Procurement Services Group (PSG) posts bid prices on the OGS/PSG web page. The web page makes
available bid tabulations (i.e.: photocopies of price pages or spreadsheets) received by PSG for scheduled bid openings.
Previously only available through Freedom of Information, 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
DEBRIEFING
A bidder will 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.
(continued)
GROUP PAGE 22
(pp) (USE IF LEASE OR RENTALS WILL BE PART OF CONTRACTS)
TRANSACTIONS INVOLVING LEASES AND/OR RENTALS:
State Agencies are required to obtain prior approval from the Office of the State Comptroller for all transactions
involving leases/rentals that exceed their discretionary buying limits pursuant to the Comptroller's Procurement and
Disbursement Guidelines G-80, G-80A and G-80B.
($) (Clause for contracts open to non-state agencies)
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 Procurement Services Group's Customer
Services at 518-474-6717.
(ii) (Allows other entities to piggyback off the contract)
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.
(f) (PO fill in minimum order amount)
(OSC discourages use of the second paragraph of this clause. If appropriate, may delete all
but first sentence of second paragraph so no shipping charges are allowed. Also use only first
part of related questions in bullets at end of document.)
MINIMUM ORDER:
Minimum order shall be
(continued)
GROUP PAGE 23
Contractor may elect to honor orders for less than the minimum order. For such orders, at the contractor’s option,
shipping costs from the contractor’s address (as stated in bid) may be added to invoice with a copy of the freight bill.
Shipping costs are to be prepaid by contractor and such orders are to be shipped on an F.O.B. destination basis. All
such orders must be shipped by the most economical method for the proper delivery of the product unless special
instructions are stated on the order by the agency.
(d) (For Multiple Awards, Etc.)
METHOD OF AWARD:
Award shall be made by
(d2) (For Competitive Bids By Item, Grand Total, Lot, Life Cycle Cost, Etc.
METHOD OF AWARD:
Award shall be made by to the lowest responsive and responsible bidder.
(z) (PO may modify incompleteness criteria as appropriate)
Bidders shall quote on all listings within each item. Bids with minor incompletions will be given consideration
subject to subsequent and final determination by the Office of General Services as to acceptability. A bid which is 5%
or less incomplete, will be considered as having "minor" incompletions.
(r)
The State reserves the right to reject an obviously unbalanced bid or to make "NO AWARD" on individual
listings or sub-items if individual bid prices are deemed to be unbalanced or excessive or if an error in the solicitation
becomes evident. In such case, ranking and evaluation of bids may be made on remaining items. Award would be
made on the remaining items. The determination of an unbalanced bid shall be at the sole discretion of the State.
Options contained in this paragraph shall also be at the State's sole discretion.
(b2) (Primarily used for food procurements)
METHOD OF AWARD:
Award is intended to be made on the specific products identified. The State may (but is not required to) award on
a different/alternate product than what was originally specified (i.e., 2% offered instead of homogenized specified, etc.)
if the TOTAL FOR ITEM with such different/alternate product is 7% less than an otherwise complying bid which
offered all the specific products identified for the ITEM, or no compliant bids have been received, or for another reason,
AND such offering is agreeable to the involved agency/facility.
(continued)
GROUP PAGE 24
(3f)
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.
(continued)
GROUP PAGE 25
(h2) (To be used with price list or GSA Contracts or where products may be added or deleted in
accordance with Contract terms.)
CONTRACT UPDATES - ADDITION AND DELETION OF PRODUCTS
Product changes to Contract are addressed in the following manner. In order to expedite processing of a change
request that involves more than one specified category below, each request should be submitted separately to OGS.
a) AUTO ADDS / DELETIONS – “Auto Adds/Deletions” are Contract changes and updates made in
accordance with the previously approved Contract pricing formula; e.g., a “discount from list” or pricing based
on an approved GSA-based price Schedule. “Auto Adds/Deletions” include: i) adding new products within the
established, previously approved pricing structure, ii) lowering pricing for Products previously incorporated
under the Contract, and iii) deleting Products previously incorporated under the Contract. Contractor shall
forward the updated Contract price list to OGS for prior approval before changes (additions or deletions) are
made to the Contract. Contractor may not supply new product offerings until after receipt of OGS approval.
While price decreases (ii) may take effect at any time, Contractor shall provide to OGS new updated price lists.
For category (iii) Auto Deletions, Contractor must supply documentation supporting the unavailability of the
product to the US market. Contractor should note, however, that all “Auto Adds” or Deletions approved by OGS
are subject to a post audit by the Office of the State Comptroller.
b) REGULAR ADD - “Regular Adds” are requests for i) price increases for Products incorporated under
the Contract for other than previously approved pricing structure, and ii) addition of new products to the Contract
which do not fall under the previously established price structure or discounts for Product types previously
approved under the Contract. Regular Adds include but are not limited to newly added manufacturer’s product
lines, re-bundled Products or Services, etc. Regular Adds must be submitted to OGS for prior approval, and must
be accompanied by a justification of reasonableness of price. Regular Adds are subject to pre-audit by the
Comptroller. If approved, OGS staff will notify Contractor in writing. Contractor may not supply new product
offerings until after receipt of OGS approval of the “Regular Add.” When Contract pricing is based on GSA
prices, the revised prices or prices of new Products must reflect current GSA prices adjusted as necessary for any
additional discounts.
c) SPECIAL ADD – Contract changes and updates that do not fall within either of the above categories
will be processed as “Special Adds”. Special Adds are changes that are not specifically covered by the terms of
the Contract but inclusion is found to be in the best interest of the State. Contractor must provide a justification
of reasonableness of the prices offered and a statement explaining why it is in the best interest of the State to
approve the new Products. Special Adds are subject to pre-audit by the Office of the State Comptroller. If
approved, OGS staff will notify Contractor in writing. Contractor may not supply new offerings until after
receipt of OGS approval of the “Special Add.”
(continued)
GROUP PAGE 26
(33) (Include Appropriate Questions on Bid Pages)
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.
(ee)
PRODUCT OFFERINGS MADE BY BIDDER (Alternate Bids):
Bidder shall make no more than one offering (i.e., a single model and stock number) per item per bid. Bids
which have more than one product offering per item may not be considered.
If a bidder wishes to make more than one product offering, such offering(s) are to be made on separate sheets and
are to be listed as "alternate" bids. "Alternate" bids are to show complete information (pricing, brand, model, stock
number, etc.), and will be evaluated as separate bids.
(h) (General Specification Clause 45 requires 30 day delivery; PO should adjust following
clause if appropriate)
DELIVERY:
Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase
order.
Product is required as soon as possible and guaranteed delivery may be considered in making award.
Delivery 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, Procurement Services
Group.
(mm) (PO TO FILL IN CI CONTACT)
(MAY BE MODIFIED FOR OTHER AGENCY SPECIFIC BIDS)
CONTRACTOR'S NOTES:
(continued)
GROUP PAGE 27
1. Contractor shall furnish the agency with written acknowledgement of the shipping date at least two weeks prior to
shipment. Failure to comply may be cause for the initiation of contract default proceedings.
2. If shipment will not be made within the guaranteed delivery time, the contractor is required to notify the agency
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 the latest date the material will be shipped. Should the delay be not acceptable to the using
agency, appropriate contract default proceedings will be initiated. Failure to supply timely written notification of delay
may be cause for default proceedings.
All correspondence for the aforementioned two points shall be directed to:
Department of Correctional Services
Division of Industries
550 Broadway
Albany, NY 12204-2802
ATTN:
(nn) (FOR STATEWIDE CONTRACTS)
ESTIMATED QUANTITIES:
The quantities or dollar values listed are estimated only. See "Estimated/Specific Quantity Contracts" and
"Participation in Centralized Contracts" in Appendix B, OGS General Specifications.
(o) (FOR AGENCY SPECIFIC CONTRACTS)
The quantities or dollar values listed are estimated only. See "Estimated/Specific Quantity Contracts" in
Appendix B, OGS General Specifications.
(xx) (FOR STATEWIDE MULTIPLE AWARD CONTRACTS)
The historical dollar value of all contracts issued under previous awards was approximately $__________
annually. However, each contract 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. Agencies 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
(continued)
GROUP PAGE 28
"Estimated/Specific Quantity Contracts" and "Participation in Centralized Contracts" in Appendix B, OGS General
Specifications.
(continued)
GROUP PAGE 29
(qq) (USE FOR TERMS WITHOUT CANCELLATION PROVISIONS)
CONTRACT PERIOD AND RENEWALS:
It is the intention of the State to enter into a contract for the term 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.
If mutually agreed between the Procurement Services Group and the contractor, the contract may be renewed
under the same terms and conditions for additional period(s) not to exceed a total contract term of five (5) years.
(3d) (USE with CONTRACT PERIOD AND RENEWALS clauses - Autotext Entries “qq” and “rr”)
Prices or discounts quoted are to be firm for the entire period of the contract. Price escalation or discount
reduction will not be allowed and is specifically excluded from the terms and conditions of the Invitation for Bid, its
specifications and subsequent contract award. Price decreases or discount increases are permitted at any time.
(rr) (USE FOR MULTI-YEAR TERMS WITH CANCELLATION PROVISIONS)
CONTRACT PERIOD AND RENEWALS:
It is the intention of the State to enter into a contract for a term of _____________ 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.
If mutually agreed between the Procurement Services Group and the contractor, the contract may be renewed
under the same terms and conditions for additional period(s) not to exceed a total contract term of five (5) years.
(q2) (To be used with contract period and renewals clause (rr) but use of such clause requires
deletion of Appendix B clause 60 b in autotext clause (uu))
However, the State may unilaterally cancel the contract on a monthly basis any time after the initial twelve (12)
months by providing written notification at least one (1) month prior to the effective date of cancellation. The minimum
term of the contract shall be twelve (12) months. This provision does not affect the State's right of suspension or
cancellation contained in the "Suspension of Work" and "Termination" clauses in Appendix B, OGS General
Specifications.
(continued)
GROUP PAGE 30
(3d) (USE with CONTRACT PERIOD AND RENEWALS clauses - Autotext Entries “qq” and “rr”)
(SEE clause ABOVE)
(e)
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.
(;)
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.
(General Specification Clause 72-d requires one-year warranty;
(p) PO may modify in following clause if appropriate)
WARRANTIES:
See "Warranties" in Appendix B, OGS General Specifications.
(hh)
Normal wear and tear items shall be warranted in accordance with manufacturer's standard warranty.
(jj)
At time of bid opening, product offered must meet all requirements of this solicitation including full
commercial/retail availability. Product literature and specifications must also be available.
(continued)
GROUP PAGE 31
(k) (PO may add additional requirements including surety bond)
Products under development, not yet in production or not fully available in the commercial/retail market may be
accepted if offer meets all other requirements of this solicitation. Any surety bond required shall serve as security in the
event that the product and/or any required accessory does not become available by the start of the contract or if the
product becomes available but does not comply with the product literature and specifications submitted at the bid
opening.
(s)
On products with condensing units, the guarantee on such units shall be extended for an additional four (4) years.
(t)
Where accessories are to be supplied, they must be compatible with the rest of the product.
(oo) (PO fill in dollar value or number of units)
RESERVATION:
The State reserves the right to negotiate lower pricing, or to advertise for bids, any unanticipated excessive
purchase. An "unanticipated excessive purchase" is defined as an unexpected order for a contract product(s) totaling
more than .
(w) (Modify for Service Bids)
QUALIFICATION OF BIDDER:
Bids will 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
Manufacturer's Certificate in this document.)
Bidder must maintain a business establishment with adequate inventories of the products offered, and must be
capable of processing and shipping large numbers of orders to various destinations.
The Commissioner may require a certificate from the bidder showing the number of years the bidder has been
active in selling the products offered and the size and location of the inventories regularly maintained.
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.
(continued)
GROUP PAGE 32
(aa)
Bidder must maintain service facilities and have trained personnel qualified to service the product furnished at the
using agency within 48 hours.
(44)
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:
 Name, address, contact person, telephone number, fax number, and number of years bidder has serviced the
referenced account;
 Volume of business performed within the past three years for each referenced account.
(55)
FINANCIAL STABILITY:
If requested, bidder must 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.
(cc)
INFORMATION TO BE FURNISHED WITH BID:
The bidder shall submit with its bid detailed specifications, circulars and all necessary data on the product to be
furnished. If the product offered differs from the provisions listed, such differences must be explained in detail. 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.
(continued)
GROUP PAGE 33
The bidder shall indicate in the spaces provided the manufacturer's name, the address where the proposed product
or products will be produced, the catalog references or model number of the product or products offered and all other
information requested.
(66)
AMERICANS WITH DISABILITIES ACT (ADA):
The Federal ADA Act, signed into law July 26, 1990, bars employment discrimination and requires all levels of
Government to provide necessary and reasonable accommodations to qualified workers with disabilities. Bidders are
required to identify and offer any software or hardware products they manufacture or adapt which may be used or
adapted for use by visually, hearing, or any other physically impaired individuals.
Although it is not mandatory for bidders to have this equipment in order to receive an award, it is necessary to
identify any such equipment they have which falls into the above category.
(77)
EPA ENERGY STAR PROGRAM:
The Federal EPA, in cooperation with manufacturers, continues a program to foster the manufacture of energy
efficient equipment. New York State fully supports this effort and requires all products offered to comply with EPA
Energy Star guidelines for energy efficiency. The State may discontinue use of and/or delete from contract selected
products as mandated by any NYS energy legislation that is enacted during the term of this contract. The contractor
shall have no recourse with the State for such discontinuance/deletion.
(l) (PO fill in name and telephone number)
VISIT TO THE SITE:
(m)
It is recommended that each bidder prior to the bid opening familiarize itself with facilities at the agency, and in
particular with the area where the product is to be installed as it must assume full responsibility for the product meeting
the solicitation and installation requirements. Bidders may make an appointment to visit the site with
(n)
Each bidder must visit the site prior to the bid opening to familiarize itself with the facilities at the agency, and in
particular with the area where the product is to be installed and shall assume full responsibility for the product meeting
the solicitation and installation requirements. Particular attention shall be given to structural and electrical changes
required for proper installation. Bidder must provide with its bid a detailed explanation if additional work is required in
order to properly complete the delivery and installation. See "Site Inspection" in Appendix B, OGS General
Specifications.
(continued)
GROUP PAGE 34
Bidders shall make an appointment for visiting the site with
(88)
INTERNET WEBSITES:
The State would prefer and recommends that successful bidders have a designated NYS contract website for end
users direct access. This website will be listed under the Contractor information. The website will be the responsibility
of the contractor to maintain and keep updated. Changes in product line or pricing must be approved by the
Procurement Services Group in accordance with any terms included in this bid prior to addition to the website. Hard
copy catalog and price lists, either in paper format or electronic format, must be available to all end users who either do
not have web access or prefer the optional format.
(7)
PRICE SHEETS AND CATALOGS:
Contractor shall be required to furnish, without charge, catalog and price lists identical to those accepted with
their bid, including any changes (additions, deletions, etc.) pursuant to the contract, to authorized users which request
them. Catalogs and price lists provided must reflect all products excluded from the resultant contract either through the
omission of those portions or by obvious indications within the catalogs and price lists.
Catalogs and price lists may be furnished in either hard-copy or electronic format. If available in both formats,
they shall be furnished in the format preferred by the requesting authorized user. Upon request the contractor shall
assist authorized users in the use of catalogs and price lists.
(4)
INSTRUCTION OF PERSONNEL:
Within five business days of delivery of product, the contractor shall provide instruction by qualified personnel
sufficient to ensure that the product is operated and operator maintained so as to perform to the full extent of its design
capabilities. Agency shall designate personnel which are to receive instruction.
(6)
INSTRUCTION MANUALS:
Simultaneous with delivery, the contractor(s) shall furnish to the authorized user a complete instruction manual
for the product and for each component supplied. The manual shall include complete instructions for unpacking,
inspecting, installing, adjusting, aligning, and operating the product, together with layout and interconnection diagrams,
schematic and wiring diagrams, preventive and corrective maintenance procedures, and complete parts lists,
manufacturer's catalog numbers, and ordering information, if applicable.
(continued)
GROUP PAGE 35
(99)
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.
(8)
PILOT MODEL INSPECTIONS:
The contractor will be responsible for travel expenses incurred by any authorized State employee(s) required to
participate in on-site inspection(s) of a pilot model of the contract product. The State employee(s) will be required to
adhere to the established State standards normally applicable for reimbursement of travel expenses.
It is anticipated that a minimum of inspection(s) of the product specified in this solicitation will be
required, which will be performed by the following number of employee(s) .
The pilot model inspection(s) will be impartially performed in accordance with the usual practices and procedures
of the Procurement Services Group, and the right is reserved to reject the product for failure to comply with contract
specifications.
Refusal by the contractor to provide payment for required travel expenses may result in contract cancellation at
the contractor's expense.
All bidders are advised to consider and incorporate provision for such inspection-related travel expenses in their
bid prices; adjustments will not be allowed after the bid opening.
(yy)
PREVAILING WAGE RATES - PUBLIC WORKS AND BUILDING SERVICES CONTRACTS:
Work being bid is subject to the prevailing wage rate provisions of New York State Labor Law. See "Prevailing
Wage Rates - Public Works and Building Services Contracts" in Appendix B, OGS General Specifications. Any federal
or State determination of a violation of any public works law or regulation, or labor law or regulation, or any OSHA
violation deemed "serious or willful" may be grounds for a determination of vendor non-responsibility and rejection of
bid.
The applicable Prevailing Wage Rate Schedule for this project is PRC # XXXXXXXXXX
For access to the Department of Labor (DOL) Prevailing Wage Schedule, use the following link:
http://wpp.labor.state.ny.us/wpp/showFindProject.do?method=showIt
For Prevailing Wage Updates, use the following DOL link:
(continued)
GROUP PAGE 36
http://wpp.labor.state.ny.us/wpp/publicViewPWChanges.do?method=showIt
Links to schedule updates appear in the table at the bottom of the web page.
(:)
PROGRESS PAYMENTS:
NOTE: Bidders should note that payments under the contract to be awarded hereunder will be made on a progress
schedule basis. The first payment shall be percent ( %) of the contract/product prices and is/are payable by the
purchaser upon completion of the installation(s) as defined herein. The final payment of the contract/product prices
shall be percent ( %) and is/are payable only upon inspection and acceptance of the installation by the
Procurement Services Group (PSG) of the Office of General Services or its designee. Purchasers under the contract to
be awarded herein may not accept requests for payments which do not adhere to these provisions and the progress
payment schedule. The required payment dates for the contract to be awarded hereunder are subject to Article XI-A of
the State Finance Law, interest payments on certain amounts owed by the State, and shall not accrue until completion
and acceptance of the installation(s).
(continued)
GROUP PAGE 37
(w2)
WORKERS’ COMPENSATION INSURANCE AND DISABILITY BENEFITS 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 or renewal.
1. Proof of Compliance with Workers’ Compensation Coverage Requirements:
An ACORD form is NOT acceptable proof of workers’ compensation coverage. In order to provide proof of
compliance with the requirements of the Workers’ Compensation Law pertaining to workers’ compensation
coverage, a contractor shall:
A) Be legally exempt from obtaining Workers’ Compensation insurance coverage; or
B) Obtain such coverage from an insurance carrier; or
C) Be a Workers’ Compensation Board-approved self-insured employer or participate in an authorized self-

insurance plan.
A Contractor seeking to enter into a contract with the State of New York shall provide one of the following forms
to the Office of General Services at the time of bid submission or shortly after the opening of bids:
A) Form CE-200, Certificate of Attestation for New York Entities With No Employees and Certain Out of
State Entities, That New York State Workers’ Compensation and/or Disability Benefits Insurance
Coverage is Not Required, which is available on the Workers’ Compensation Board’s website
(www.wcb.state.ny.us); (Reference applicable IFB/RFP and Group #s on the form.)
B) Certificate of Workers’ Compensation Insurance:
1) Form C-105.2 (9/07) if coverage is provided by the contractor’s insurance carrier, contractor must
request its carrier to send this form to the New York State Office of General Services, or
2) Form U-26.3 if coverage is provided by the State Insurance Fund, contractor must request that the
State Insurance Fund send this form to the New York State Office of General Services.
C) Form SI-12, Certificate of Workers’ Compensation Self-Insurance available from the New York State
Workers’ Compensation Board’s Self-Insurance Office.
D) Form GSI-105.2, Certificate of Participation in Workers’ Compensation Group Self-Insurance available

from the contractor’s Group Self-Insurance Administrator.
(continued)
GROUP PAGE 38
2. Proof of Compliance with Disability Benefits Coverage Requirements:
In order to provide proof of compliance with the requirements of the Workers’ Compensation Law pertaining to
disability benefits, a contractor shall:
A) Be legally exempt from obtaining disability benefits coverage; or
B) Obtain such coverage from an insurance carrier; or
C) Be a Board-approved self-insured employer.
A Contractor seeking to enter into a contract with the State of New York shall provide one of the following forms
to the Office of General Services at the time of bid submission or shortly after the opening of bids:
A) Form CE-200, Certificate of Attestation for New York Entities With No Employees and Certain Out of
State Entities, That New York State Workers’ Compensation and/or Disability Benefits Insurance
Coverage is Not Required, which is available on the Workers’ Compensation Board’s website
(www.wcb.state.ny.us); (Reference applicable IFB/RFP and Group #s on the form.)
B) Form DB-120.1, Certificate of Disability Benefits Insurance. Contractor must request its business
insurance carrier to send this form to the New York State Office of General Services; or
C) Form DB-155, Certificate of Disability Benefits Self-Insurance. The Contractor must call the Board’s Self-
Insurance Office at 518-402-0247 to obtain this form.
ALL OF THE ABOVE REFERENCED FORMS, EXCEPT CE-200, SI-12 & DB-155 MUST NAME: The
Office of General Services, Procurement Services Group, Team __, 38th floor, Corning Tower, Albany NY 12242 as
the Entity Requesting Proof of Coverage (Entity being listed as the Certificate Holder)
[)] (Purchasing Officer may revise sales report as needed but essential
MWBE information MUST REMAIN.)
REPORT OF CONTRACT PURCHASES:
Contractor shall furnish quarterly reports containing total sales for both state agency and authorized non-state
agency contract purchases no later than forty-five (45) days after the close of each calendar quarter.
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.
(continued)
GROUP PAGE 39
A separate report shall be provided in the following format for each authorized distribution channel. The sales
report form is forwarded to each contractor at time of award for completion in accordance with the contract terms and
conditions:
Total Quantity
Item/ Product/ Shipped to Total Sales $
SubItem Product or Service Total Quantity Authorized Total Sales $ Authorized

Catalog Shipped to Non-State
Number Number Description State Agencies Non-State Agencies State Agencies Agencies
Grand Total Sales State $
and Non-State
Agencies
The report is to be submitted electronically in Microsoft Excel 2007 or lower format to the Office of General
Services, Procurement Services Group, 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 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.
[ m2 ]
CONTRACTOR REQUIREMENTS AND PROCEDURES FOR EQUAL EMPLOYMENT AND BUSINESS

PARTICIPATION OPPORTUNITIES FOR MINORITY GROUP MEMBERS AND NEW YORK STATE CERTIFIED
MINORITY/WOMEN-OWNED BUSINESSES
In accordance with Article 15-A of the New York State Executive Law (Participation by Minority Group
Members and Women with Respect to State Contracts) and in conformance with the Regulations promulgated by the
Minority and Women’s Business Development Division of the New York State Department of Economic Development
set forth at 5 NYCRR Parts 140-144, the Offerer/Contractor agrees to be bound by the following to promote equality of
economic opportunities for minority group members and women, and the facilitation of minority and women-owned
business enterprise participation on all covered OGS contracts.
a. Equal Employment Opportunity Requirements
By submission of a bid or proposal in response to this solicitation, the Offerer 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 the provisions of Appendix A clause 12 – Equal Employment
(continued)
GROUP PAGE 40
Opportunities for minorities and women, are included in every subcontract in such a manner that the requirements
of these provisions will be binding upon each subcontractor as to work in connection with the State contract.
b. Participation Opportunities for New York State Certified Minorities and Women-Owned Businesses
Authorized Users are encouraged to make every good faith effort to promote and assist the participation of New
York State Certified Minority and Women-owned Business Enterprises (M/WBE) as subcontractors and suppliers
on this contract for the provision of services and materials. To locate New York State Certified M/WBEs, the
directory of Certified Businesses can be viewed at:
http://www.empire.state.ny.us/Small_and_Growing_Businesses/mwbe.asp
(continued)
GROUP PAGE 41
[(]
SAMPLES TO BE SUBMITTED BY BIDDER/CONTRACTOR:
The bidder/contractor may be required to submit samples. See "Samples" in Appendix B, OGS General
Specifications.
(i)
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.
(?)
USE OF RECYCLED OR REMANUFACTURED MATERIALS:
New York State, as a member of the Council of Great Lakes Governors, supports and encourages vendors to use
recycled, remanufactured or recovered materials in the manufacture of products and packaging to the maximum extent
practicable without jeopardizing the performance or intended end use of the product or packaging unless such use is
precluded due to health or safety requirements or product specifications contained herein. Refurbished or
remanufactured components or products are required to be restored to original performance and regulatory standards
and functions and are required to meet all other requirements of this bid solicitation. Warranties on refurbished or
remanufactured components or products must be identical to the manufacturer's new equipment warranty or industry's
normal warranty when remanufacturer does not offer new equipment. See "Remanufactured, Recycled, Recyclable or
Recovered Materials" in Appendix B, OGS General Specifications.
(b) (Clauses for Recycled paper only)
PREFERENCE FOR RECYCLED PAPER:
In accordance with section 165(3) of the State Finance Law, preference shall be given for recycled paper which
complies with the recycled content and recycled certification requirements specified herein. To be considered for
recycled preference, ALL items offered must be recycled in accordance with the requirements specified herein and must
meet all specifications contained in the IFB.
If a proposed recycled paper complies with the above and is priced not more than 10% above a low bid on virgin
paper meeting specifications, the award shall be made on the recycled paper. An additional preference, not exceeding a
total preference of 15%, shall be allowed if at least fifty percent of the post consumer material utilized in the
manufacture of the paper is generated from the waste stream in New York State.
(continued)
GROUP PAGE 42
RECYCLED CONTENT:
The minimum content requirements for post consumer material content, based on fiber weight, are as follows:
 30% for uncoated printing and writing papers, including copier paper, forms bond, carbonless bond, and white
wove envelope paper, or
 20% for bristols, or
 10% for coated printing paper, unbleached kraft envelope paper, and colored wove envelope paper.
RECYCLED CERTIFICATION:
To qualify for recycled preference, either of the following shall be acceptable:
 a Paper Manufacturer’s Affidavit of Recycled Content for the proposed paper verifying a minimum of 30%,
20% or 10% post consumer material content (whichever is applicable – See “Recycled Content” requirements)
is on file with the New York State Office of General Services; or,
 the New York State Office of General Services is able to ascertain through readily available sources, such as
trade publications or mill literature, that the proposed paper complies with New York State’s recycled
requirements.
NOTE: If an additional 5% preference is applicable because 50% of the post consumer material content is from the
New York State waste stream, a Paper Manufacturer’s Affidavit of Recycled Content must be filed with the New York
State Office of General Services.
If none of the preceding conditions are met, OGS shall notify bidder to submit a paper Manufacturer’s Affidavit
of Recycled Content. Failure to submit a properly completed affidavit within six (6) calendar days after notification
may result in disqualification of bid.
(.) (Clauses for Recycled products)
PREFERENCE FOR RECYCLED PRODUCTS:
In accordance with section 165(3) of the State Finance Law, preference will be given for recycled products which
comply with the recycled content and recycled certification requirements contained in this bid solicitation and/or the
product has been authorized by the New York State Department of Environmental Conservation to use a recycled
emblem. Proposed product must also meet all other specifications contained in this solicitation.
If a proposed recycled product complies with the above and is priced not more than 10% above a low bid on
products manufactured from virgin materials meeting specifications, the award will be made on the recycled product.
An additional preference, not exceeding a total preference of 15%, will be allowed if at least fifty percent of the
(continued)
GROUP PAGE 43
recycled content materials utilized in the manufacture of the product is generated from the waste stream in New York
State.
RECYCLED CERTIFICATION:
To qualify for recycled preference, a Manufacturers Affidavit of Recycled Content must be on file with the
Office of General Services, or the product must have been authorized by the New York State Department of
Environmental Conservation for use of the recycled emblem. If the product has not been authorized as recycled by the
Department of Environmental Conservation or if an affidavit has not been filed with the Office of General Services,
bidders must furnish completed affidavits no later than six (6) calendar days following the bid opening. All information
requested on the affidavit must be furnished. Failure to supply a completed affidavit as required will result in
disqualification for recycled preference.
The contractor must obtain a statement from the Manufacturer certifying the actual percentages of recycled
material (the same or larger percentages than originally certified to) in the product furnished for the contract. When
requested, this information must be submitted to the Office of General Services, Procurement Services Group.
RECYCLED CONTENT:
In order for proposed material to qualify for recycled product consideration, the minimum percentage by weight
of post consumer material content is percent.
(j)
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.
(bb)
PREFERRED SOURCE PRODUCTS:
Section 162 of the State Finance Law requires that agencies afford first priority to the products/services of
preferred source suppliers such as Correctional Industries (Corcraft), Industries for the Blind of NYS, and NYS
Industries for the Disabled, when such products/services meet the form, function and utility of the agency. Some
products/services in the resultant contract(s) may be available from one or more preferred sources. In the Contract
Award Notification, agencies will be reminded to comply with the statutory requirements and resulting guidelines with
respect to affording first priority to the preferred sources.
Resultant contractors will be required to prominently display the following language on all price lists and contract
updates to agencies relative to the award:
(continued)
GROUP PAGE 44
Agencies Note: Some products/services in this contract may be available from one or more preferred sources.
Agencies are reminded to comply with the statutory requirements under Section 162 of the State Finance
Law and the guidelines issued by the State Procurement Council to afford first priority to products/services
available from preferred sources which meet your form, function and utility.
(ff)
OVERLAPPING CONTRACT ITEMS:
Products/services available in the resulting contract may also be available from other New York State contracts.
Contract 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.
(gg)
SURETY BOND:
At any time upon the request of the Office of General Services, the bidder being considered for award or the
contractor shall, within 15 days of request and at its own cost and expense, obtain and maintain in full force and effect
for sixty days after contract expiration:
 an irrevocable documentary LETTER OF CREDIT with a sound and reputable bank authorized to do
business in the State of New York, OR
 a PERFORMANCE BOND signed by a surety company authorized to do business in the State of New
York, OR
 a PAYMENT BOND signed by a surety company authorized to do business in the State of New York,
in the amount of $ for the faithful performance of the contract. The LETTER OF CREDIT,
PERFORMANCE BOND, PAYMENT BOND, etc., shall name as beneficiary the State of New York, Office of
General Services, and may be invoked to the benefit of the State of New York, Office of General Services, upon
delivery of a certified statement to the issuing bank or surety company that the contractor has failed to perform pursuant
to the terms and conditions of its contract with the State of New York.
With its bid submission, the bidder shall include a letter from its bank or surety company stating that the letter of
credit or bond will be provided if being considered for a contract or in the event of a contract. The Letter of Credit or
Bond shall be provided on a yearly basis for each year, or portion, of the contract.
(kk)
NEW YORK STATE PROCUREMENT CARD:
(continued)
GROUP PAGE 45
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).
(/) (Use for Commodity Contracts Only-NOT APPLICABLE TO SERVICES AND PRINTING)
"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. lower in price
-and/or-
2. available 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
(k2)
DIESEL EMISSION REDUCTION ACT OF 2006 (NEW REQUIREMENT OF LAW):
On February 12, 2007 the Diesel Emissions Reduction Act took effect as law (the “Law”). Pursuant to new
§19-0323 of the N.Y. Environmental Conservation Law (“NYECL”) it is now a requirement that heavy duty diesel
vehicles in excess of 8,500 pounds use the best available retrofit technology (“BART”) and ultra low sulfur diesel fuel
(“ULSD”). The requirement of the Law applies to all vehicles owned, operated by or on behalf of, or leased by State
agencies and State or regional public authorities. They need to be operated exclusively on ULSD by February 12,
2007. It also requires that such vehicles owned, operated by or on behalf of, or leased by State agencies and State or
regional public authorities with more than half of its governing body appointed by the Governor utilize BART.
As a contract vendor the Law may be applicable to vehicles used by contract vendors “on behalf of” State
agencies and public authorities. All heavy duty diesel vehicles must have BART by December 31, 2012. The Law
also provides a list of exempted vehicles. Regulations currently being drafted will provide further guidance as to the
effects of the Law on contract vendors using heavy duty diesel vehicles on behalf of the State. The Law also permits
(continued)
GROUP PAGE 46
waivers of ULSD and BART under limited circumstances at the discretion of the Commissioner of Environmental
Conservation. The Law will also require reporting from State agencies and from contract vendors in affected
contracts.
Therefore, the bidder hereby certifies and warrants that all heavy duty vehicles, as defined in NYECL
§19-0323, to be used under this contract, will comply with the specifications and provisions of NYECL §19-0323, and
any regulations promulgated pursuant thereto, which requires the use of BART and ULSD, unless specifically waived
by NYSDEC. Qualification and application for a waiver under this Law will be the responsibility of the bidder.
(ll)
PLEASE USE BLACK INK OR TYPEWRITER WHEN Bidder

PREPARING YOUR BID. BE SURE YOU HAVE
INSERTED YOUR COMPANY’S NAME IN THE BOX
     
(tt) (INDIVIDUAL QUESTIONS TO BE USED OR MODIFIED AS APPROPRIATE)

     
NOTES TO BIDDERS: FAILURE TO ANSWER THE

QUESTIONS WILL DELAY THE EVALUATION OF YOUR BID
AND MAY RESULT IN REJECTION OF YOUR BID.
(continued)
GROUP PAGE 47
 Has Bidder completed the New York State Vendor

Responsibility Questionnaire?
_____ YES, filed online
(OR)
_____ YES, paper copy attached
 If Bidder completed the Questionnaire online, has Bidder

certified or recertified the Vendor Responsibility Questionnaire
no more than six (6) months prior to the bid opening date?
_____ YES _____ NO
 Are prices quoted the same as or lower than those quoted
other corporations, institutions and government agencies
(including GSA/VA contracts) on similar products, quantities,
terms and conditions? See "Best Pricing Offer" in
Appendix B, OGS General Specifications.
If "NO", please explain on a separate sheet. _____ YES _____ NO
 Do you have a contract with the General Services

Administration (GSA) or Veterans Affairs (VA) for products
offered? (Check all that apply.)
_____ GSA _____ VA _____ NO
If yes, will you offer New York State pricing equal to or better
than your GSA or VA pricing?
_____ GSA _____ VA _____ NO
If yes, a copy of the GSA or VA schedule is required.
Have you included a copy? _____ GSA _____ VA _____ NO
(continued)
GROUP PAGE 48
 Is this product available only on a "direct from the
manufacturer basis" or can pricing be obtained from dealers
or distributors? Check one: ___ Manufacturer ___ Other
If you are a manufacturer and have checked "Other",
please attach listing of authorized dealers and distributors. _____ YES _____ NO
 Do you have your catalog available on the Internet? _____ YES _____ NO
If yes, do you have the ability to make NY pricing
available along with your catalog on line? _____ YES _____ NO
 Does bidder offer Electronic Access Ordering (EDI)? _____ YES _____ NO
 If awarded a contract, will bidder accept the New York
State Procurement Card for orders not to exceed $15,000.00? _____ YES _____ NO
(continued)
GROUP PAGE 49

     
NOTES TO BIDDERS: (Cont’d)
 If bidder limits the maximum acceptable card amount to less

than $15,000, please indicate the maximum amount:
$_____________________
Additional discount for purchases made with the NYS
Procurement Card: _____ %
Cash Discounts will not be considered in determining low bid, but

cash discounts of any size may be considered in awarding tie bids.
 Cash Discount for payment within 15 days of delivery and/or

receipt of voucher
_____ %
 Cash Discount for payment within 30 days of delivery and/or

receipt of voucher
_____ %
 Are any products offered manufactured from recycled _____ YES _____ NO
materials?
Are any products offered remanufactured (restored to its
original performance standards and function)? _____ YES _____ NO
(continued)
GROUP PAGE 50
Are any products offered Energy Star Compliant? _____ YES _____ NO
(If YES to any of the above, please attach specifics.)
 If awarded a contract, will bidder honor orders
for less than the minimum order? _____ YES _____ NO
If YES, will shipping costs be added in accordance
with the "Minimum Order" clause? _____ YES _____ NO
OR
If YES, will bidder ship at no additional cost? _____ YES _____ NO
 Person or persons to contact for expediting
New York State contract orders: Name:
Title:
Telephone Number: ( )
Toll Free Telephone Number: ( )
Fax Number: ( )
Toll Free Fax Number: ( )
E-Mail Address:
(continued)
GROUP PAGE 51

     
NOTES TO BIDDERS: (Cont’d)
 Person or persons to contact in the event of an emergency
occurring after business hours or on weekend/holidays:
State Normal Business Hours (Specify M-F, Sat, Sun):
Name:
Title:
Telephone Number: ( )
Fax Number: ( )
Pager Number: ( )
Cellular Telephone Number: ( )
E-Mail Address:
(continued)
GROUP PAGE 52
(tt2) (For Use ONLY with Wood Furniture and Wood Picnic Tables)

     
NOTES TO BIDDERS: FAILURE TO ANSWER THE

QUESTIONS WILL DELAY THE EVALUATION OF YOUR BID
AND MAY RESULT IN REJECTION OF YOUR BID.
 For bidders offering wood products, are the products

manufactured from wood harvested from forests certified as
being sustainably managed?
_________YES _________NO
IF YES:
 Please check the organization providing the certification: American Tree Farm Program
Canadian Standards Association
Forest Stewardship Council
Sustainable Forestry Initiative SM
Other _________________________
(Name)
 Please identify the products manufactured from certified

forests:
(continued)
GROUP PAGE 53
(continued)
GROUP PAGE 54
(9)

     
BIDDERS PLEASE ANSWER THE FOLLOWING QUESTIONS:
1. Is your company a Minority or Women-Owned Business

Enterprise, certified in accordance with Article 15A of the New
York State Executive Law as defined below?
_________YES _________NO
2. Is your company listed in the Empire State Development

Directory of Certified Minority and Women Owned Businesses?
_________YES _________NO
http://www.empire.state.ny.us/Small_and_Growing_Businesses/mwbe.asp
MINORITY-OWNED
WOMEN-OWNED
NOTE: Contractors certified and listed in the Empire State
Development’s Directory of Certified Minority and Women- MINORITY AND WOMEN-OWNED
Owned Business Enterprises* will be identified by OGS as
MBEs and/or WBEs in the OGS Contract Award Notification
upon award of the contract.
*For further information and or application please contact New York

State Department of Economic Development, Division of Minority
and Women-Owned Business Enterprise at 518-292-5250 (Albany)
(continued)
GROUP PAGE 55
or 212-803-2414 (New York City).
"Minority or Women-Owned Business Enterprise" shall mean a

business enterprise, including a sole proprietorship, partnership or
corporation that is:
(a) at least fifty-one percent owned and controlled by the

minority members and/or women;
(b) an enterprise in which such minority and/or women

ownership interest is real, substantial and continuing;
(c) an enterprise in which such minority and/or women

ownership has and exercises the authority to independently
control the day-to-day business decisions; and
(d) an enterprise independently owned, operated and

authorized to do business in New York State.
3. Is your company a New York Small Business Concern as

defined in accordance with Article 11 of the New York State
Finance Law?
_________YES _________NO
"Small Business Concern" means a business which:
(a) is resident in New York State;
(b) is independently owned and operated;
(c) is not dominant in its field; and,
(d) employs one hundred or fewer persons.
(continued)
GROUP PAGE 56

     
4. Total number of people employed by your business in
New York State:
5. PLACE OF MANUFACTURE OF PRODUCT(S) BID:
(Indicate Yes or No for either A, B or C)
A. All NYS Manufacture _________YES _________NO
B. All Manufactured outside NYS _________YES _________NO
C. Manufactured In NYS and Outside NYS _________YES _________NO
If yes to C above, Location (State) where more than
half the value is added to the product(s) bid: State of _______________________
6. BIDDER’S PRINCIPAL PLACE OF BUSINESS*: State of _______________________
*"Principal Place of Business" is the location of the primary

control, direction and management of the enterprise.
7. "NONDISCRIMINATION IN EMPLOYMENT IN
NORTHERN IRELAND:
MacBRIDE FAIR EMPLOYMENT PRINCIPLES"
(continued)
GROUP PAGE 57
In accordance with Section 165 of the State Finance Law, the

bidder, by submission of this bid, certifies that it or any
individual or legal entity in which the bidder holds a 10% or
greater ownership interest, or any individual or legal entity that
holds a 10% or greater ownership interest in the bidder, either:
(Answer Yes or No to one or both of the following, as

applicable),
A. have business operations in Northern Ireland:
If yes, _________YES _________NO
B. shall take lawful steps in good faith to conduct any business

operations in Northern Ireland in accordance with the
MacBride Fair Employment Principles relating to non-
discrimination in employment and freedom of workplace
opportunity regarding such operations in Northern Ireland,
and shall permit independent monitoring of compliance
with such Principles.
_________YES _________NO
(continued)
GROUP PAGE 58

PREPARING YOUR BID. BE SURE YOU HAVE INSERTED
YOUR COMPANY’S NAME IN THE BOX
     
8. BIDDER/OFFERER DISCLOSURE OF PRIOR NON-

RESPONSIBILITY DETERMINATIONS
Pursuant to Procurement Lobbying Law (SFL §139-j)
A. Has any Governmental Entity made a finding of non-

responsibility regarding the individual or entity seeking to
enter into the Procurement Contract in the previous four
years?
_________YES _________NO
If yes, please answer the following question:
B. Was the basis for the finding of non-responsibility due to a

violation of State Finance Law §139-j?
_________YES _________NO
C. If yes, was the basis for the finding of non-responsibility

due to the intentional provision of false or incomplete
information to a governmental entity?
_________YES _________NO
If yes, please provide details regarding the finding of non-

responsibility:
Governmental Entity:
Date of Finding of Non-responsibility:
Basis of Finding of Non-Responsibility:
(add additional pages if necessary)
(continued)
GROUP PAGE 59
D. Has any governmental agency terminated or withheld a

procurement contract with the above-named individual or
entity due to the intentional provision of false or incomplete
information?
_________YES _________NO
If yes, please provide details:
Governmental Entity:
Date of Termination or Withholding of Contract:
Basis of Termination or Withholding:
(add additional pages if necessary)
(continued)
GROUP PAGE 60
(y)
MANUFACTURER’S AFFIDAVIT OF RECYCLED CONTENT*
STATE OF )
) ss.
COUNTY OF )
I _________________________ of __________________________ being duly sworn, depose and say that the
product(s) listed below will be/are manufactured to contain not less than the stated percentages of recycled content.
SECONDARY
MATERIAL
TOTAL POST FROM NYS
RECYCLED CONSUMER WASTE
PRODUCT BRAND NAME CONTENT CONTENT STREAM
_________________ _________________ ________% _______% ________%
_________________ _________________ ________% _______% ________%
_________________ _________________ ________% _______% ________%
_________________ _________________ ________% _______% ________%
_________________ _________________ ________% _______% ________%
Indicate in the respective column the percentage of secondary materials generated from the waste stream in NYS that will be
utilized in the manufacture of any of the above products furnished to NYS.
(continued)
GROUP PAGE 61
It is agreed that representatives of the New York State Office of General Services, Procurement Services Group shall have
access to purchase and production records at any time during working hours for the purpose of verifying the actual percentage
and use of recycled materials in the above product(s) furnished to New York State.
Name of Manufacturer:
Address:
Signature of Manufacturer’s Representative:
Official Title: Telephone Number:
Dated:
Sworn to before me this ________________day of ________________________, 20____
Notary Public
THIS AFFIDAVIT SHALL REMAIN IN EFFECT FOR A PERIOD OF TWO YEARS UNLESS REVISED OR
WITHDRAWN BY THE CERTIFYING MANUFACTURER.
*INFORMATION SUPPLIED PERTAINS TO THE REQUIRED MINIMUM RECYCLED CONTENT FOR THE
VARIOUS MATERIALS AS LISTED IN THE INVITATION FOR BIDS. (REV. 10/07)
* * * * *
(zz) (PO May Modify or Add Additional Criteria)
MANUFACTURER’S CERTIFICATE
(continued)
GROUP PAGE 62
NOTE TO BIDDERS:
This "Manufacturer's Certificate" is to be removed, and
forwarded to the manufacturer by the bidder, completed and
returned to the bidder by the manufacturer, and submitted
with the bidder's offer. (See "QUALIFICATION OF
BIDDER" clause.)
BIDDER’S COMPANY NAME:
STREET ADDRESS:
CITY, STATE ZIP:
The manufacturer executing this certificate by signature below does hereby attest to the accuracy and validity of the responses
to the following questions:
1. Is the bidder listed above an authorized dealer? __________ Yes __________ No
2. Do you as a manufacturer agree to supply the
bidder/dealer with all quantities of products ordered
pursuant to any resulting contract with the State? __________ Yes __________ No
MANUFACTURER'S COMPANY NAME:
ADDRESS:
TELEPHONE NUMBER:
FAX NUMBER:
(continued)
GROUP PAGE 63
E-MAIL ADDRESS:
PRINTED OR TYPED COPY OF SIGNATURE
SIGNATURE OF AUTHORIZED DATE
MANUFACTURER'S REPRESENTATIVE
TITLE
* * * * *
(zz2) (Used ONLY for Textiles & Apparel)
CERTIFICATE OF MANUFACTURE
I, , (name of individual signing bid/proposal) certify under penalty of perjury that

the final product for which I am providing a bid/proposal, was manufactured in compliance with all applicable labor and
occupational safety laws, including, but not limited to child labor laws, wage and hour laws and workplace safety laws.
I further certify that:
(continued)
GROUP PAGE 64
The names and addresses of subcontractors involved in the manufacture of the final product are:
(Add additional sheets if necessary.)
I cannot determine, using commercially reasonable methods of inquiry, the names and addresses of any subcontractors
involved in the manufacture of the final product other than those identified above.
There are no subcontractors for this product.
The names and addresses of manufacturing plants contributing to the manufacture of the final product are:
(Add additional sheets if necessary.)
I cannot determine, using commercially reasonable methods of inquiry, the names and addresses of any manufacturing
plants contributing to the manufacture of the final product other than those identified above.
(continued)
GROUP PAGE 65
Printed or Typed Copy of Signature
Dated:
Bidder's Signature
Name of Company Bidding:
* * * * * *
(w9) (Used ONLY for W-9 Form)
NEW YORK STATE OFFICE OF GENERAL SERVICES-PROCUREMENT SERVICES
SUBSTITUTE FORM W-9
REQUEST FOR TAXPAPER IDENTIFICATION NUMBER & CERTIFICATIONS
TYPE OR PRINT INFORMATION NEATLY. PLEASE REFER TO INSTRUCTIONS FOR MORE INFORMATION.
Part I: Vendor Information
1. Legal Business Name 2. If you use a DBA, please list below
3. Entity Type (Check one only)
(continued)
GROUP PAGE 66
Sole Proprietor Partnership Limited Liability Corporation Business Corporation Unincorporated Association/Business Federal Government
State Government Public Authority Local Government School District Fire District Other
Part II: Taxpayer Identification Number (TIN) and Taxpayer Identification Type
1. Enter your TIN here: (DO NOT USE DASHES)
2. Taxpayer Identification Type (check appropriate box)
Employer ID No. (EIN) Social Security No. (SSN) Individual Taxpayer ID No. (ITIN) N/A (Non-United States Business Entity)
Part III: Address
1. Physical Address: 2. Remittance Address:
Number, Street, and Apartment or Suite Number Number, Street, and Apartment or Suite Number
City, State, and Nine Digit Zip Code or Country City, State, and Nine Digit Zip Code or Country
Part IV: Exemption from Backup Withholding and Certification
For payees exempt from Backup withholding, check the box below. Valid explanation required for exemption. See instructions.
(continued)
GROUP PAGE 67
Exempt from Backup Withholding
The Internal Revenue Service does not require your consent to any provision of this document other than the certifications required to avoid backup withholding.
Under penalties of perjury, I certify that the number shown on this form is my correct Taxpayer Identification Number (TIN).
Sign Here:
Signature Date
Print Preparer’s Name Phone Number Email Address
Part V: Contact Information - Individual Authorized to Represent the Vendor
Vendor Contact Person: Title
Contact’s Email Address: Phone Number: ( )
DO NOT SUBMIT FORM TO IRS - SUBMIT FORM TO NYS OFFICE OF THE STATE COMPTROLLER
FOR OSC USE ONLY
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GROUP PAGE 68
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THIS PAGE IS INTENTIONALLY LEFT BLANK
(continued)
GROUP PAGE 69
APPENDIX 2 Template
MAY OR MAY NOT INCLUDED WITH ALL DOCUMENTS.

{Autotext Entry “a2” }
APPENDIX A Template
MUST BE PRINTED WITH ALL DOCUMENTS.
APPENDIX B Template
MUST BE PRINTED WITH ALL DOCUMENTS.
(continued)
GROUP PAGE 70
(continued)

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State of New York Executive Department

Office of General Services - Procurement Services Group

Corning Tower - 38thFloor

Empire State Plaza

INVITATION FOR BIDS

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 TITLE: Group

INVITATION FOR BIDS NUMBER: SPECIFICATION REFERENCE:

As Incorporated in the Invitation For Bids

DESIGNATED CONTACTS: Team #

Purchasing Officer I Team Leader

Telephone No. (518) Telephone No. (518)

E-mail address: @ogs.ny.gov E-mail address: @ogs.ny.gov

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)

Legal Business Name of Company Bidding:

D/B/A - Doing Business As (if applicable):

Street City State Zip County

 WE ARE UNABLE TO BID AT THIS TIME BECAUSE___________________________________________________.

Bidder’s Signature: Printed or Typed Name:

Phone : ( ) - ext ( ) Toll Free Phone : ( ) - ext ( )

Fax : ( ) - ext ( ) Toll Free Fax : ( ) - ext ( )

E-mail Address: Company Web Site:

P.R. # LIT  MEMO  MISSING PAGES

 Bid envelopes and packages

State of New York Executive Department

Office of General Services

Procurement Services Group

Corning Tower - 38th Floor Reception Desk

Empire State Plaza

Facsimile transmittals are NOT acceptable for this solicitation.

4. IMPORTANT BUILDING ACCESS PROCEDURES

GENERAL INFORMATION (Cont’d)

NON-COLLUSIVE BIDDING CERTIFICATION:

(Reference: State Finance Law Section 139-d and Appendix A, Clause 7)

SUMMARY OF POLICY AND PROHIBITIONS ON PROCUREMENT LOBBYING:

DISPUTE RESOLUTION POLICY:

GENERAL INFORMATION (Cont’d)

CONTRACT BILLINGS AND PAYMENTS:

CONFLICT OF TERMS AND CONDITIONS:

a. Appendix A (Standard Clauses For NYS Contracts)

b. This Invitation For Bids

c. Appendix B (General Specifications)

GENERAL INFORMATION (Cont’d)

NEW YORK STATE VENDOR FILE REGISTRATION:

GENERAL INFORMATION (Cont’d)

TAX LAW 5-A AMENDED APRIL 26, 2006 (APPENDIX 2)

MERCURY-ADDED CONSUMER PRODUCTS:

GENERAL INFORMATION (Cont’d)

CONTRACTOR REQUIREMENTS AND PROCEDURES FOR EQUAL EMPLOYMENT AND BUSINESS

a. Equal Employment Opportunity Requirements

ELECTRONIC BID OPENING RESULTS

The Bid Opening Results Page is available at: http://www.ogs.ny.gov/purchase/bidresults/bidresults.asp

GENERAL INFORMATION (Cont’d)

AUTOTEXT ENTRIES FOR IFBs, LETTER QUOTES & SPECs