invitation for bids revised 8/31/12

C-IFB.dotx(07/12)

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 REVISED 8/31/12

IMPORTANT: SEE “NOTICE TO BIDDERS” CLAUSES HEREIN

BIDS MAY BE SENT TO THE ABOVE ADDRESS ONLY

(E-Mail or Facsimile Bid Submissions Are NOT Acceptable)

BID OPENING DATE: September 18, 2012 TIME: 11:00 AM

TITLE: Group 35200 – FIREARMS, AMMUNITION,

HANDCUFFS, BATONS, & HOLSTERS

(Statewide)

Classification Code(s): 46

INVITATION FOR BIDS NUMBER:

22466

SPECIFICATION REFERENCE:

As Incorporated in the Invitation For Bids

CONTRACT PERIOD: November 1, 2012 – October 31, 2017

DESIGNATED CONTACTS: Team #13

Neilene Rabideau, Purchasing Officer I

Telephone No. (518) 473-6518

E-mail address: [email protected]

James Jasiewicz, Acting Team Leader

Telephone No. (518) 486-5238

E-mail address: [email protected]

The bid must be fully and properly executed by an authorized person. By signing you certify your express authority to sign on behalf of

yourself, your company, or other entity and full knowledge and acceptance of this INVITATION FOR BIDS, Appendix A (Standard

Clauses For New York State Contracts), Appendix B (OGS General Specifications), and State Finance Law §139-j and §139-k

(Procurement Lobbying), and that all information provided is complete, true and accurate. By signing, bidder affirms that it

understands and agrees to comply with the OGS procedures relative to permissible contacts as required by State Finance Law §139-

j (3) and §139-j (6) (b). Information may be accessed at:

Procurement Lobbying: http://www.ogs.ny.gov/aboutOgs/regulations/defaultAdvisoryCouncil.html

Bidder’s Federal Tax Identification Number: (Do Not Use Social Security Number)

NYS Vendor Identification Number: (See “New York State Vendor File Registration” clause)

If applicable, place an “x” in the appropriate box

(check all that apply):

NYS Small Business

_____ #Employees

Minority Owned

Business

Women Owned

Business

Legal Business Name of Company Bidding:

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

Street City State Zip County

If applicable, place an “x” in the appropriate box

(check all that apply):

Manufactured Within

New York State

Manufactured Outside

New York State

If you are not bidding, place an “x” in the box and return this page only.

WE ARE UNABLE TO BID AT THIS TIME BECAUSE___________________________________________________.

Bidder’s Signature:

Title:

Printed or Typed Name:

Date:

Phone : ( ) - ext ( )

Fax : ( ) - ext ( )

Toll Free Phone : ( ) - ext ( )

Toll Free Fax : ( ) - ext ( )

E-mail Address: Company Web Site:

FOR PROCUREMENT SERVICES GROUP USE ONLY

P.R. # LIT MEMO LET OTHER MISSING PAGES

GROUP 35200 – FIREARMS, AMMUNITION, HANDCUFFS, BATONS

& HOLSTERS (Statewide) PAGE 2

(continued)

Contents Section 1 INTRODUCTION ................................................................................................................................ 5

1.1 BID SYNOPSIS:............................................................................................................................................... 5

1.2 ESTIMATED QUANTITIES: .......................................................................................................................... 5

1.3 ESTIMATED PROCUREMENT CALENDAR .............................................................................................. 5

1.4 ISSUING OFFICE/INQUIRIES: ...................................................................................................................... 6

Section 2 DETAILED PRODUCT SPECIFICATIONS .......................................................................................... 6

2.1 SCOPE: ............................................................................................................................................................. 6

2.2 LOT I - FIREARMS ......................................................................................................................................... 6

2.3 LOT II – AMMUNITION ................................................................................................................................ 7

2.4 LOT III – HANDCUFFS .................................................................................................................................. 7

2.5 LOT IV – BATONS ......................................................................................................................................... 8

Section 3 BID SUBMISSION INSTRUCTIONS ................................................................................................. 9

3.1 NOTICE TO BIDDERS .................................................................................................................................... 9

3.1.1 BID PREPARATION ................................................................................................................................... 9

3.1.2 BID DEVIATIONS ...................................................................................................................................... 9

3.1.3 BID DELIVERY........................................................................................................................................... 9

3.1.4 IMPORTANT BUILDING ACCESS PROCEDURES ................................................................................ 9

Section 4 QUALIFICATION OF BIDDER ....................................................................................................... 10

4.1 AUTHORIZED DEALER/MANUFACTURER’S CERTIFICATE: ............................................................. 10

4.2 CAPABILITY: ................................................................................................................................................ 10

4.3 BACKGROUND OF BUSINESS: .................................................................................................................. 10

4.4 REFERENCES: ............................................................................................................................................... 10

4.5 FINANCIAL STABILITY: ............................................................................................................................. 10

4.6 RECALLS: ..................................................................................................................................................... 10

4.7 TOLL-FREE NUMBER: ................................................................................................................................ 11

Section 5 INFORMATION TO BE FURNISHED WITH BID ......................................................................... 11

5.1 GENERAL: ..................................................................................................................................................... 11

5.2 SAMPLES TO BE SUBMITTED BY BIDDER/CONTRACTOR: ............................................................... 11

5.3 SURETY BOND: ........................................................................................................................................... 11

5.4 NEW YORK STATE VENDOR FILE REGISTRATION: ........................................................................... 12



(continued)

5.5 NEW YORK STATE VENDOR RESPONSIBILITY QUESTIONNAIRE FOR-PROFIT BUSINESS

ENTITY (hereinafter the “Questionnaire”) ................................................................................................................ 12

5.6 TAX LAW 5-A AMENDED APRIL 26, 2006 .............................................................................................. 13

5.7.1 NEW YORK STATE LAW ....................................................................................................................... 14

5.7.2 EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS .............................................................. 14

5.7.3 BUSINESS PARTICIPATION OPPORTUNITIES FOR MWBES .......................................................... 14

5.8 INSURANCE .................................................................................................................................................. 15

5.8.1 WORKERS’ COMPENSATION INSURANCE AND DISABILITY BENEFITS REQUIREMENTS (see

Attachment 3 – Insurance Requirements) ................................................................................................................... 15

Section 6 METHOD OF AWARD ..................................................................................................................... 15

6.1 GENERAL: ..................................................................................................................................................... 15

6.2 NO AWARD ON INDIVIDUAL ITEMS: ..................................................................................................... 15

6.3 LOT I – FIREARMS: ..................................................................................................................................... 16

6.4 LOT II- AMMUNITION: ............................................................................................................................... 16

6.5 LOTS III-V – HANDCUFFS, BATONS AND HOLSTERS (Duty Belts and Related Accessories): ........... 16

Section 7 SPECIAL TERMS AND CONDITIONS ............................................................................................... 17

7.1 PRICE: ............................................................................................................................................................ 17

7.2 PRICE LISTS: ................................................................................................................................................ 17

7.2.1 MANUFACTURER’S PRICE LIST: ......................................................................................................... 17

7.2.2 NYS Price List: ........................................................................................................................................... 18

7.3 DISCOUNTS .................................................................................................................................................. 18

7.3.1 EXAMPLES ............................................................................................................................................... 19

7.3.2 VOLUME DISCOUNTS: ........................................................................................................................... 20

7.4 DELIVERY: ................................................................................................................................................... 20

7.4 DELIVERY: (continued) ................................................................................................................................ 21

7.5 CONTRACT UPDATES ................................................................................................................................ 21

7.6.2 INTERNET ACCESS TO CONTRACT & PRICING INFORMATION (Continued) .................................... 26

7.7 REPORT OF CONTRACT PURCHASES: .................................................................................................... 26

7.8 INSTRUCTION MANUALS: ........................................................................................................................ 26

7.9 PURCHASE ORDERS AND INVOICING: .................................................................................................. 27

7.10 CONTRACT BILLINGS AND PAYMENTS: .............................................................................................. 27

7.11 EMERGENCY PURCHASING: .................................................................................................................... 28

7.12 PREFERRED SOURCE NOTE: .................................................................................................................... 28



(continued)

7.13 NEW YORK STATE PROCUREMENT CARD: .......................................................................................... 28

Section 8 GENERAL TERMS AND CONDITIONS ............................................................................................ 28

8.1 CONTRACT PERIOD AND RENEWALS: .................................................................................................. 28

8.2 SHORT TERM EXTENSION: ....................................................................................................................... 28

8.3 EXTENSION OF USE: .................................................................................................................................. 28

8.4 SUMMARY OF POLICY AND PROHIBITIONS ON PROCUREMENT LOBBYING: ............................ 29

8.5 MERCURY-ADDED CONSUMER PRODUCTS: ....................................................................................... 29

8.6 DIESEL EMISSION REDUCTION ACT OF 2006 (NEW REQUIREMENT OF LAW): ........................... 29

8.7 IRAN DIVESTMENT ACT ........................................................................................................................... 30

8.8 NON-COLLUSIVE BIDDING CERTIFICATION: ...................................................................................... 30

8.9 APPENDIX A: ................................................................................................................................................ 30

8.10 APPENDIX B: ................................................................................................................................................ 31

8.11 CONFLICT OF TERMS AND CONDITIONS: ............................................................................................ 31

8.12 CANCELLATION FOR CONVENIENCE ................................................................................................... 31

Section 9 USE OF CONTRACT BY STATE AGENCIES, POLITICAL SUBDIVISIONS AND OTHER

AUTHORIZED USERS ............................................................................................................................................. 31

9.1 NON-STATE AGENCIES PARTICIPATION IN CENTRALIZED CONTRACTS: ................................... 31

9.2 OVERLAPPING CONTRACT ITEMS: ........................................................................................................ 31

9.3 CONTRACT MIGRATION: .......................................................................................................................... 31

9.4 "OGS OR LESS" GUIDELINES APPLY TO THIS CONTRACT: .............................................................. 32

SECTION 10 ADMINISTRATIVE ..................................................................................................................... 32

10.1 ELECTRONIC BID OPENING RESULTS: .................................................................................................. 32

10.2 ANNOUNCEMENT OF CONTRACT AWARD: ......................................................................................... 32

10.3 DISPUTE RESOLUTION POLICY: ............................................................................................................. 32

10.4 DEBRIEFING ................................................................................................................................................. 32

Appendix A – Standard Clauses for New York State Contracts (December 2011) Appendix B – General Specifications (July 2006) Appendix C – Equal Employment Opportunity Staffing Plan (EEO 100) Appendix D- Contract Update Form Appendix E - Report of Contract Purchases Attachment 1 Bid Pages Attachment 2 MacBride and Non-Collusion Attachment 3 Contractor's Insurance Requirement Attachment 4 Manufacturer's Certificate Attachment 5 Bidder Questionnaire Attachment 6 Reseller-Distributor Information



(continued)

Section 1 INTRODUCTION

1.1 BID SYNOPSIS:

The resultant Contract Award Notification is intended to provide contracts for firearms, ammunition, handcuffs, batons,

holsters, and related accessories for use by State agencies and authorized users. The stated prices may be adjusted

periodically based on provisions stated elsewhere in this IFB.

All products are to be new, not remanufactured, not seconds, not surplus.

NOTICE TO CONTRACT VENDORS AND CONTRACT USERS:

Vendors and Authorized Users must comply with all applicable federal, state and local laws pertaining to the

disposal, sale, and transfer of firearms, including, but not limited to New York State Penal Law Articles 265 and

400.

1.2 ESTIMATED QUANTITIES:

The historical dollar value of all contracts issued under previous awards was approximately $1,200,000 annually

for firearms; approximately $6,200,000 annually for ammunition; and an approximately combined total of $550,000

annually for handcuffs, batons, and holsters. 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 "Estimated/Specific Quantity Contracts" and "Participation in Centralized Contracts" in

Appendix B, OGS General Specifications.

1.3 ESTIMATED PROCUREMENT CALENDAR

EVENT DATE

Solicitation: IFB Release Date August 9, 2012

Forum: Deadline for submission of written

questions

August 23, 2012

Forum: Official answers published (Estimated) August 31, 2012

Solicitation: Submission of Bid and Bid Opening September 18, 2012 11:00AM

Evaluation and Tentative Awardee Notification September 19 – October 31 , 2012

Contract: Estimated Contract Start Date

November 1, 2012



(continued)

1.4 ISSUING OFFICE/INQUIRIES:

All inquiries concerning this specification will be addressed to the following PSG designated contact(s) and issuing

office:

PRIMARY CONTACT SECONDARY CONTACT

Neilene Rabideau James Jasiewicz

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) 473-6518 Phone No.: (518) 486-5238

FAX No. (518) 474-5052 FAX No. (518) 486-6867

E-Mail: [email protected] E-Mail: [email protected]

All questions should be submitted in writing no later than August 23, 2012, citing the particular bid section and

paragraph number. A Bidder is strongly encouraged to submit questions to clarify any term or requirement in the IFB. . A

copy of all questions and answers of a substantive nature will be given to all Prospective Bidders in the form of a formal

addendum which will be posted on the OGS website and become part of the ensuing contract.

ISSUING OFFICE/INQUIRIES (Continued):

The Bidder should notify the designated contact prior to the bid opening of any term, condition, etc., that precludes the Bidder

from submitting a compliant, responsive bid. Bidders are cautioned to read this document thoroughly to become familiar with

all aspects of the bid. Bidders should note that all clarifications and exceptions including those relating to the terms and

conditions of the contract are to be resolved prior to 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. If clarifications or exceptions result in changes to the

IFB, the State will issue a solicitation update that sets forth a summary of the changes and will be posted on the OGS website

and become part of the ensuing contract.

Section 2 DETAILED PRODUCT SPECIFICATIONS

2.1 SCOPE:

The products described in this Invitation for Bids will primarily be used by Law Enforcement Agencies across

New York State. The individual Law Enforcement Agencies across the State are the best qualified to determine the

most appropriate use of products by their officers to protect and serve their community.

The products offered under this bid are firearms, ammunition, handcuffs, batons, and holsters.

There may be some requirements for other non-Law Enforcement products produced by the referenced

manufacturers that the State may consider to be similar products or needed accessories for each lot. The State will

determine if including the similar products or needed accessories are in the best interest of the State.

Contracts established from this Invitation for Bids shall provide agencies with sources for the most reasonably

priced, top-quality firearms, ammunition, handcuffs, batons, and holsters for line of duty and practice.

2.2 LOT I - FIREARMS

QUALITY:

All firearms shall meet the highest industry standards for materials and workmanship. Firearms designated for

Law Enforcement use must maintain the highest level of performance under continuous use as required by law

enforcement agencies. The known law enforcement manufacturers meeting these requirements are listed in this IFB:

Baretta, Colt, Glock, Heckler & Koch, Mossberg, Remington, Ruger, Savage, Sig Sauer, Smith & Wesson, U.S.

Repeating Arms and Benelli. Other manufacturers meeting these requirements may be offered under Lot I Item “Other”

located in the bid pages (Attachment 1).



(continued)

Section 2 DETAILED PRODUCT SPECIFICATIONS (Continued)

SUPPORT SERVICES:

The manufacturer shall assist using agencies with the proper procedures for care and maintenance of the firearms

to insure longest period of safest use possible.

Services shall include, but are not limited to, instructions for routine maintenance provided with each firearm,

armory maintenance with exploded view and parts list, assistance with obtaining factory training for armorers, fastest

possible turn-around time for factory gunsmithing if needed, and immediate availability of all parts.

TYPES OF FIREARMS:

The majority of the firearms purchased will be used by various Law Enforcement Officers and Departments

across the State. There are, however, some training programs, educational sites and special needs for which Sporting

Arms may be required. Therefore, Law Enforcement and Sporting Arms in the manufacturer’s product line will be

included in this contract.

REGULATIONS AND SHIPPING:

The vendor shall comply with all Local, State, and Federal regulations concerning the sale of firearms. Adequate

and appropriate records shall be kept and provided to Procurement Services Group upon request for all firearms

transactions.

New York State and its Political Subdivisions are exempt from Federal Excise Tax F.E.T. and State and Local

Sales Tax.

2.3 LOT II – AMMUNITION

QUALITY:

The Sporting Arms and Ammunition Manufacturers Institute (SAAMI) has established maximum chamber

pressure levels for all modern firearms and ammunition. All ammunition offered under the resulting contracts must not

exceed these levels and must meet SAAMI specifications. The known law enforcement manufacturers meeting these

requirements are listed in this IFB: Federal, Simunition, Speer (CCI, Lawmen, Blazer), Remington, and Winchester.

Other manufacturers meeting these requirements may be offered under Lot II Item “Other” located in the bid pages

(Attachment 1).

REGULATIONS AND SHIPPING:

Sale, transportation and record keeping must comply with all Federal, State, and Local regulations. Contractor is

responsible for maintaining all necessary permits and licenses required to sell ammunition to Government Agencies.

Appropriate records shall be kept and made available to Procurement Services Group upon request.

New York State and its Political Subdivisions are exempt from F.E.T. and State and Local Sales Tax.

PRICE LISTS:

Price list may be Suggested List Price, Distributor Price List, Law Enforcement/Military, Manufacturer's Net

Prices or any other regularly published price list offered by the ammunition manufacturer.

MINIMUM ORDER:

Minimum order for ammunition shall be one full case of a single load.

2.4 LOT III – HANDCUFFS

SCOPE:

This Lot represents physical restraints used in Law Enforcement including, but not limited to, handcuffs, leg irons

and belt chains.

The resulting award shall be for the manufacturer’s complete line of restraints.



(continued)

Section 2 DETAILED PRODUCT SPECIFICATIONS (Continued)

QUALITY:

Standard handcuff and leg irons shall be constructed of stainless steel and shall be provided with two keys. All

restraints shall meet the highest industry standards for materials and workmanship in accordance with NIJ guidelines.

The known law enforcement manufacturers meeting these requirements are listed in this IFB: Peerless Handcuff Co.,

Smith & Wesson, and C&S Security. Other manufacturers meeting these requirements may be offered under Lot III

Item “Other” located in the bid pages (Attachment 1).

COMPLIANCE:

All Metallic restraints offered must meet the current standard set by the National Institute of Justice (NIJ): NIJ

Standard-0307.01 or the current NIJ standard advertised and carry the NIJ certification.

Vendor shall comply with all Federal, State and Local laws regarding sale of restraining devices. Appropriate

records shall be kept and made available to Procurement Services Group upon request.

2.5 LOT IV – BATONS

SCOPE:

This Lot shall be for several types of tactical batons, including but not limited to, standard wood, plastic, metal or

the latest retractable composite models, including holsters.

QUALITY:

All batons shall be constructed to the highest industry standards and shall function exactly as advertised.

The known law enforcement manufacturer meeting these requirements listed in this IFB is Monadnock

2.6 LOT V – HOLSTERS, DUTY BELTS, & RELATED ACCESSORIES

SCOPE:

This Lot shall be for different types of holsters, duty belts, and related accessories worn by Law Enforcement

Officers. This Lot shall also include related accessories, such as handcuff, magazine and radio pouches, ammunition

carriers, etc. The holsters, duty belts, and related accessories may be manufactured in materials including, but not

limited to, leather, nylon, and other materials.

QUALITY:

All holsters, duty belts and related accessories shall be constructed to the highest industry standards and shall

function exactly as advertised.

The known law enforcement manufacturers meeting these requirements are listed in this IFB: Bianchi, DeSantis,

Don Hume, Safariland, Blackhawk Outdoors, and Gould & Goodrich. Other manufacturers meeting these requirements

may be offered under Lot V Item “Other” located in the bid pages (Attachment 1).



(continued)

Section 3 BID SUBMISSION INSTRUCTIONS

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.

3.1 NOTICE TO BIDDERS

The Commissioner of General Services will receive bids pursuant to the provisions of Article XI of the State

Finance Law or the provisions of the State Printing and Public Documents Law. The following procedures shall be used

for bid submittals:

3.1.1 BID PREPARATION

Prepare your bid on this form using indelible ink. Print the name of your company on each page of the bid in the block

provided. One copy of the bid is required, unless otherwise specified herein.

3.1.2 BID DEVIATIONS

If your bid differs from the specifications explain such deviation(s) or qualification(s); and if necessary, attach a

separate sheet. See “Extraneous Terms” in Appendix B, OGS General Specifications.

3.1.3 BID DELIVERY

Bidders assume all risks for timely, properly submitted deliveries. Bidders are strongly encouraged to arrange for

delivery of bids to OGS prior to the date of the bid opening. LATE BIDS may be rejected. E-mail and faxed bid

submissions are not acceptable and will not be considered.

Bid envelopes and packages

An envelope and/or package containing a bid should be clearly marked "BID ENCLOSED" and should state

the Bid Number, Bid Opening Date, and Time. Failure to complete all information on the bid envelope

and/or packages may necessitate the premature opening of the bid and may compromise confidentiality. See

"Bid Submission" in Appendix B, OGS General Specifications. Bids shall be delivered to:

State of New York Executive Department

Office of General Services

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.

3.1.4 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.



(continued)

Section 4 QUALIFICATION OF BIDDER

4.1 AUTHORIZED DEALER/MANUFACTURER’S CERTIFICATE:

Bids shall be accepted only from established manufacturers or their authorized dealers. Any dealer submitting a

bid hereby guarantees that it is an authorized dealer of the manufacturer, that the manufacturer has agreed to supply the

dealer with all quantities of products required by the dealer in fulfillment of its obligations under any resultant contract

with the State, and that it will provide a certificate from the manufacturer acknowledging this level of support. (See

Manufacturer's Certificate in this document.)

4.2 CAPABILITY:

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. Also, the Bidder may be required to

demonstrate to the sole satisfaction of the State that the Bidder has the financial viability, creditworthiness, commercial

soundness and depth of financial resources to insure the completion of all contractual obligations.

4.3 BACKGROUND OF BUSINESS:

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.

4.4 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, e-mail address, and number of years bidder has serviced

the referenced account;

Volume of business performed within the past three years for each referenced account.

4.5 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

4.6 RECALLS:

The contractor must immediately notify the Office of General Services, Procurement Services Group of any

recalls pertaining to contract items.



(continued)

4.7 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.

Section 5 INFORMATION TO BE FURNISHED WITH BID

5.1 GENERAL:

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.

To be submitted with bid:

o NYS Price List in Excel format, three copies on CD or thumb drive

o Referenced Manufacturer’s Price Lists (see bid pages Attachment 1), three copies on CD or thumb

drive in Excel format

o Bid Pages (Attachment 1) in Excel format on CD or thumb drive

The bidder shall indicate in the spaces provided on attached bid pages (Attachment 1) of the bid:

o Manufacturer's name

o Address where the proposed product or products will be produced

o Discounts (see Discount Clause and Examples)

o All other information requested as highlighted in yellow.

5.2 SAMPLES TO BE SUBMITTED BY BIDDER/CONTRACTOR:

The bidder/contractor may be required to submit samples. See "Samples" in Appendix B, OGS General

Specifications.

5.3 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 $50,000.00 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.



(continued)

Section 5 INFORMATION TO BE FURNISHED WITH BID (Continued)

5.4 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/

5.5 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.

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.

http://www.osc.state.ny.us/vendor_management/

http://www.osc.state.ny.us./vendrep/vendor_index.htm

https://portal.osc.state.ny.us/

http://www.osc.state.ny.us/portal/contactbuss.htm



(continued)


5.6 TAX LAW 5-A AMENDED APRIL 26, 2006

A Bidder is required to file the completed and notarized Form ST-220-CA with OGS certifying that the Bidder filed

the ST-220-TD with NYS Department of Taxation and Finance (DTF).

Note: NYS Department of Taxation and Finance receives the completed Form ST-220-TD, not OGS. OGS ONLY

receives the Form ST-220-CA.

Form ST-220-CA must be filed with the bid or shortly thereafter 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 five (5) 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. A Bidder shall take the

necessary steps to provide properly certified forms within a timely manner to ensure compliance with the law.

Website links to the Contractor certification forms and instructions are provided below. Form No. ST-220-TD must be

filed with and returned directly to DTF and can be found at

http://www.tax.ny.gov/pdf/current_forms/st/st220td_fill_in.pdf. 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 submitted to OGS. This form provides the required certification that the Contractor filed

the ST-220-TD with DTF. This form can be found at http://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf.

Form ST-220-CA should be filed with the Bid and submitted to the OGS. If the form is not submitted with the Bid,

the Bidder must submit the completed form to OGS within five (5) business days of receiving a written request to do

so from OGS.

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.

Vendors may call DTF at 518-485-2889 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.tax.ny.gov/

http://www.tax.ny.gov/pdf/current_forms/st/st220td_fill_in.pdf

http://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf

http://www.tax.ny.gov/



(continued)


5.7 CONTRACTOR REQUIREMENTS AND PROCEDURES FOR BUSINESS PARTICIPATION OPPORTUNITIES

FOR NEW YORK STATE CERTIFIED MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES AND EQUAL

EMPLOYMENT OPPORTUNITIES FOR MINORITY GROUP MEMBERS AND WOMEN

5.7.1 NEW YORK STATE LAW

Pursuant to New York State Executive Law Article 15-A, OGS recognizes its obligation under the law to

promote opportunities for maximum feasible participation of certified minority and women-owned business enterprises

and the employment of minority group members and women in the performance of OGS contracts.

In 2006, the State of New York commissioned a disparity study to evaluate whether minority and women-owned

business enterprises had a full and fair opportunity to participate in state contracting. The findings of the study were

published on April 29, 2010, under the title "The State of Minority and Women-Owned Business Enterprises: Evidence

from New York" (“Disparity Study”). The report found evidence of statistically significant disparities between the level

of participation of minority and women-owned business enterprises in state procurement contracting versus the number

of minority and women-owned business enterprises that were ready, willing and able to participate in state

procurements. As a result of these findings, the Disparity Study made recommendations concerning the implementation

and operation of the statewide certified minority and women-owned business enterprises program. The

recommendations from the Disparity Study culminated in the enactment and the implementation of New York State

Executive Law Article 15-A, which requires, among other things, that OGS establishes goals for maximum feasible

participation of New York State Certified minority and women–owned business enterprises (“MWBE”) and the

employment of minority groups members and women in the performance of New York State contracts.

5.7.2 EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS

By submission of a bid or proposal in response to this solicitation, the Bidder/Contractor agrees with all of the

terms and conditions of Appendix A including Clause 12 - Equal Employment Opportunities for Minorities and

Women. The Contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 for the

construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements

thereon (the "Work") except where the Work is for the beneficial use of the Contractor, shall undertake or continue

programs to ensure that minority group members and women are afforded equal employment opportunities without

discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes,

equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion,

transfer, layoff, termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i)

work, goods, or services unrelated to the Contract; or (ii) employment outside New York State.

Bidder further agrees to submit with the bid a staffing plan on Form EEO 100 identifying the anticipated work

force to be utilized on the Contract and if awarded a Contract, will, upon request, submit to OGS, a workforce

utilization report identifying the workforce actually utilized on the Contract if known.

Further, pursuant to Article 15 of the Executive Law (the “Human Rights Law”), all other State and Federal

statutory and constitutional non-discrimination provisions, the Contractor and sub-contractors will not discriminate

against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual

orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim

status, and shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis

of prior criminal conviction and prior arrest.

5.7.3 BUSINESS PARTICIPATION OPPORTUNITIES FOR MWBES

For purposes of this procurement, OGS has conducted a comprehensive search and has determined that the

contract does not offer any opportunities for participation by MWBEs.

Please Note: Failure to comply with the foregoing requirements may result in a finding of non-responsiveness, non-

responsibility and/or a breach of the Contract, leading to the withholding of funds, suspension or termination of the

Contract or such other actions or enforcement proceedings as allowed by the Contract.

ALL FORMS ARE AVAILABLE AT: http://www.ogs.ny.gov/MWBE/Forms.asp

http://www.ogs.ny.gov/MWBE/Forms.asp



(continued)


5.8 INSURANCE

A Bidder must commit to obtaining and submitting all necessary proof of insurance as listed in the Attachment 3 –

Insurance Requirements.

5.8.1 WORKERS’ COMPENSATION INSURANCE AND DISABILITY BENEFITS

REQUIREMENTS (see Attachment 3 – Insurance Requirements)

Workers’ Compensation Law (WCL) §57 & §220 requires the heads of all municipal and state

entities to ensure that businesses applying for permits, licenses or contracts document it has appropriate

workers’ compensation and disability benefits insurance coverage. These requirements apply to both original

contracts and renewals, whether the governmental agency is having the work done or is simply issuing the

permit, license or contract. Failure to provide proof of such coverage or a legal exemption will result in a

rejection of your bid. Proof of compliance with Workers’ Compensation and Disability Benefits Coverage

requirements must comply with the requirements set out in Attachment 3 – Insurance Requirements. A

Contractor seeking to enter into a contract with the State of New York shall provide proof of compliance

with Workers’ Compensation and Disability Benefits Coverage to OGS at the time of bid submission or

shortly thereafter.

Section 6 METHOD OF AWARD

6.1 GENERAL:

Award shall be made by ITEM to the lowest responsive and responsible bidder. An ITEM is comprised of a

product line, specific product listings, etc., as further stated in sections below and as shown or indicated on bid entry

attachment. Discounts may be used to identify and establish low net prices for the purposes of ranking and evaluating.

Award shall be made on price lists for full product lines. For Lots II-V, only one discount shall be offered for each

Item. If multiple discounts are offered within a single item number, the State shall use the discount that is MOST

advantageous to the STATE per item number when evaluating bids. If award is subsequently made to a bidder who

submitted multiple discounts, those discounts bid may be included as part of the contract and applied to respective

items.

Please see more specific information below for each LOT. Note that while the solicitation has a LOT

segregation, award is by ITEM.

Discount - Please see the “Discount” section of PRICE clause.

6.2 NO AWARD ON INDIVIDUAL ITEMS:

The State reserves the right to reject an obviously unbalanced bid or to make "NO AWARD" on individual items

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.



(continued)

Section 6 METHOD OF AWARD

6.3 LOT I – FIREARMS:

Award shall be made to the responsive and responsible bidder with the lowest weighted value (i.e.,

discounts which will yield the most favorable pricing to the State) when applied to the most up-to-date version of the

referenced manufacturer's published price list (effective prior to September 1, 2012), submitted with the bid. Items in

Lot I will be a weighted evaluation with primary consideration being given to Law Enforcement Firearms. Accessories

and Sporting Arms will be weighted equally. Weighting shall be broken down into the following Sub-Items:

.90 - Law Enforcement Firearms

.05 - Accessories

+.05 - Sporting Arms

1.00 Total Value

One discount shall be provided for all Law Enforcement Firearms under Lot I on bid price pages Law Enforcement Firearms

includes pistols, revolvers, rifles and shotguns. This also includes the standard number of magazines provided by the

manufacturer. Authorized Users must purchase additional magazines separately and the cost for such additional magazines

should be included on the bid price pages under the Sub-Item “Accessories” price lists.

One discount shall be provided for the Accessories Sub-Item related to Law Enforcement Firearms and Sporting

Arms. Accessories for both the Law Enforcement Firearms and Sporting Arms Sub-Items are included in the Sub-Item.

One discount shall be provided for the Sporting Arms Sub-Item, if applicable.

Bidders may offer equal percent discounts for each Sub-Item in Lot I or they may offer different percent

discounts for each Sub-Item. If a bidder leaves a category blank, for evaluation purposes, the State will calculate blank

as "0" toward point scoring.

If it is determined for an ITEM in Lot I that a manufacturer does not produce a Sporting Arms line, this sub-item

will not be calculated in the evaluation of any bid received by any bidder for this item. In this case, only the weighted

total for sub-items Law Enforcement Firearms and Accessories will be used for evaluation.

Bidders wishing to offer a product line not specifically listed, may do so by filling in the brand being offered

under Lot I, Item No. 13 “Other”. Basis for award shall be the same as other Items listed in this Lot. The State has the

right to make “No Award” on items. (Please refer to “No Award on Individual Listing”.

6.4 LOT II- AMMUNITION:

Award shall be made by the percent discount that is most favorable to the State (i.e., discount which will yield the

most favorable net pricing to the State) when applied to the most up-to-date version of the referenced manufacturer's

published price list (effective prior to September 1, 2012), submitted with the bid for the product line stated within an

ITEM based on a quantity of one. Only one award shall be made for each ITEM under this Lot.

Only one discount shall be offered for the manufacturer's entire ammunition product line.

If distributors/dealers provide different manufacturer's ammunition price lists for the same brand, the Office of

General Services will compare net costs of pre-determined specific products. Award will be based on the lowest total

price for these pre-determined products.

Bidders wishing to offer a product line not specifically listed, may do so by filling in the brand being offered under Lot

II, Item 6 “Other”. Basis for award shall be the same as other Items listed in this Lot. The State has the right to make

“No Award” on items. (Please refer to “No Award on Individual Listing”.

6.5 LOTS III-V – HANDCUFFS, BATONS AND HOLSTERS (Duty Belts and Related Accessories):

Award shall be made by the percent discount that is most favorable to the State (i.e., discount which will yield the

most favorable pricing to the State) when applied to the most up-to-date version of the referenced manufacturer's

published price list (effective prior to September 1, 2012), submitted with the bid for the product line stated within an

ITEM based on a quantity of one. Only one award shall be made for each ITEM under this Lot.

Bidders wishing to offer a product line not specifically listed, may do so by filling in the brand being offered

under Item "Other" for each corresponding Lot. Basis for award shall be the same as other items listed in these Lots.

The State has the right to make “No Award” on items. (Please refer to “No Award on Individual Listing”.



(continued)

Section 7 SPECIAL TERMS AND CONDITIONS

7.1 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 unloading at armory or quartermaster.

In addition, upon mutual agreement, delivery locations may be expanded per the "Extension of Use" clause.

Best and Final Price Agencies may request better net prices for large orders (e.g., orders for over $10,000) or when market

conditions warrant.

Lower Pricing The State reserves the right to negotiate lower pricing, or to advertise for bids, whichever is in the State's

best interest as determined by the Commissioner, in the event of a significant decrease in market price of any

product listed. In addition, if the contractor’s normal pricing to the public or to the trade in general is less than

the net/contract pricing after the application of a contract discount, etc., then the normal pricing to the public or to

the trade in general shall also be granted to contract participants.

Price Justification

It will be the responsibility of the bidder to provide proper acceptable documentation (e.g. links to other state

or federal contracts held by the bidder for the same manufacturer products) to demonstrate that pricing being

offered to New York State is equal to or better than other federal or state contracts to justify reasonableness of

price .

NOTE: Also see separate “METHOD OF AWARD” clause.

Once contracts are approved, current NYS Price Lists may be posted on OGS’s website for agencies’ use.

7.2 PRICE LISTS:

7.2.1 MANUFACTURER’S PRICE LIST:

Price lists must be submitted with bid and must be the most up-to-date electronic version of the referenced

manufacturer's published price list, effective prior to September 1, 2012, and must remain in effect for one year after

the contract start date. Thereafter, updates to the NYS price lists will be considered when updates occur to the

manufacturer’s nationally published price list via the Contract Update Process (Section 7.5). The electronic version

may be submitted on CD or thumb drive (Excel 2007 or lower is preferred, if available). DISKETTES ARE NOT

ACCEPTABLE. If a bidder is submitting a price list from the manufacturer where only specific /sections are relative,

bidder must highlight these /sections or remove/delete non-relative sections, whichever is simpler. Not identifying

products as noted may be cause for rejection. The Office of General Services reserves the right to determine if item(s)

in a manufacturer's price list are relative to the requirements being sought. The decision of the Commissioner is final.

Bidders must offer their complete product line for the brand they are bidding that fits within the scope of the Lot. A

bidder shall not exclude certain relative items, unless removed by the manufacturer. Preference will be given to the

bidder who offers the most complete product line if more than one bidder offers an identical brand.

Note: Contractor shall be required to furnish, without charge, price lists identical to those accepted with their

bid, to authorized users which request them including any changes (additions, deletions, etc.) pursuant to the contract.

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 price lists that specific products are excluded. If price list are available

in both hard-copy or electronic format, 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 price lists.

All price revisions must be reviewed and approved by OGS. The contractor may request a price list revision by

submitting documents outlined in Section 7.5 Contract Updates, (“(2) CONTRACTOR’S SUBMISSION OF

CONTRACT UPDATES”) to the Office of General Services at no charge. Price lists will be reviewed for

reasonableness and if compliant, OGS will approve and issue a Purchasing Memorandum notifying contract users of

update.



(continued)

Section 7 SPECIAL TERMS AND CONDITIONS (Continued)

7.2.1 MANUFACTURER’S PRICE LIST: (Continued)

Pending approval from OGS, updates (additions and deletions) to a contractor's price schedule may be made, and will

become a part of the contract, whenever made by the manufacturer. All additions included in the contract will use

either the bidder’s original discount or a higher discount, if offered. This office (Procurement Services Group, Office

of General Services) must be notified, via the Contract Update Process, to process the request and make proper

notification so orders and payments will not be delayed. Contractors are urged to allow at least 30 days for price list

approvals.

Successful contractors shall provide authorized users with current approved price lists or appropriate portions

thereof upon request at no charge. Any items/products/categories in the price list not awarded must be removed,

blacked out, etc. before being supplied to contract user.

7.2.2 NYS Price List:

A New York State Price List must be submitted with the bid and should include the following columns at a

minimum:

Manufacturer’s Item #

Manufacturer’s Model#

Description of product

Manufacturer’s price

NYS Discount

NYS Contract price

Additionally, the Revision/Effective Date and Page Numbers are to be included in the Header/Footer section.

7.3 DISCOUNTS

Discounts shall be expressed as percent discount from the most up-to-date nationally published price list (Prior to

September 1, 2012) and in effect at the time of bid opening. Bidders shall submit discounts to manufacturer's price

lists in the preferred order below:

1 – Law Enforcement Price List

2 – Distributor Price List

3 – Retail or MSRP Price List

If more than one price column is listed on the manufacturer’s price list, bidder is to identify on the bid pages

(Attachment 1) which column the discount should be applied.

Only one discount for each bid item for Lots II-V or each bid sub-item in Lot I is allowed. Multiple discounts or

ranges of discounts within a bid item or sub-item are not allowed. Examples are given below to demonstrate what is

acceptable and what is not acceptable.



(continued)


7.3.1 EXAMPLES

Example for LOT I – FIREARMS

ACCEPTABLE

Item No. Description % Discount from

Price List

Column to which

Discount is applied

1. Beretta WHS Less

Law Enforcement

Firearms:

1% Excise Tax

Accessories 9% WHSL

Sporting Arms 5% WHSL

NOT ACCEPTABLE


Price List

Column to which

Discount is applied

1. Beretta WHS Less

Law Enforcement

Firearms:

1% Excise Tax

Accessories 8-10% WHSL

Sporting Arms 5% WHSL



(continued)


Example for LOT II – AMMUNITION – LOT V - HOLSTERS

ACCEPTABLE

Item No.

Description % Discount from

Price List

Column to which

Discount is applied

1. Federal 29%

Retail Price

NOT ACCEPTABLE


Price List

Column to which

Discount is applied

1. Federal 9MM 29%

Retail Price

.223 14% Retail Price

7.3.2 VOLUME DISCOUNTS:

Bidders may offer volume discounts. Volume discounts may be applied per purchase order, cumulatively per

customer agency, and cumulatively statewide. The bidder shall indicate the basis for applying the volume discount(s)

on the bid document form. Volume discounts shall be defined and applied as follows: Purchase order volume discounts

shall be additional discounts applied to individual purchase orders over a specified dollar amount. Cumulative agency

volume discounts shall be additional discounts applied to all future orders made by an individual agency once an

established volume has been met by that agency. Cumulative statewide volume discounts shall be additional discounts

applied to all future orders for all state and non-state orders once an established volume has been met under this

contract.

7.4 DELIVERY:

General Delivery is expected within 30 calendar days or less. Delivery shall be expressed in number of calendar days

required to make delivery after receipt of a purchase order. Bidder must indicate Delivery timeframe (30 calendar

days or less) for the brand they are bidding under each Lot Number. (see ARO in Attachment 1 bid pages.

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

Shipping Dates And Delivery Time - Contractor shall provide written acknowledgement of orders within five (5) business days after receipt of

order and shall also provide anticipated shipping date.

All correspondence on shipping dates and delivery time shall be directed to the ordering agency's contact

person.



(continued)


7.4 DELIVERY: (continued)

If shipment will not be made within the anticipated delivery timeframe, the contractor is required to notify

the Office of General Services and the ordering agency in writing. This notification must include the reasons

for the delay and a revised anticipated ship date. The State may request the contractor to provide

documentation to support the reason for the shipping delay. Should the reason for the delay not be

acceptable to the State appropriate contract default proceedings may be initiated. Failure to supply timely

written notification of delay to the ordering agency and the Office of General Services may be cause for

default proceedings.

7.5 CONTRACT UPDATES

The following guidelines and Appendix D, Contract Update Form attached to this Contract are subject to change at the

discretion of OGS.

(1) TYPES OF CONTRACT UPDATES: 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, iii) deleting Products previously incorporated under the Contract, iv) price increases for

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 from the manufacturer. 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. 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. . 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.”

d) CHANGES IN RESELLER LIST - If the Contractor allows resellers to participate in the contract in

accordance with the Use of Resellers/Distributors clause of this Contract, requests to add or delete resellers or to

modify reseller information must be submitted for prior approval of the State. Contractor may request changes to

the designated Reseller List by submission of a completed, revised Reseller/Distributor Information (Attachment

6).



(continued)


7.5 CONTRACT UPDATES (Continued)

(2) CONTRACTOR’S SUBMISSION OF CONTRACT UPDATES:

All price revisions made by the manufacturer must be reviewed and approved by OGS. Price lists will be

reviewed for reasonableness and if compliant, OGS will approve, issue a Purchasing Memorandum notifying

contract users of the update, and post the update to the OGS website. After approval from OGS, updates (additions

and deletions) to a contractor's price schedule will become a part of the contract. All additions included in the

contract will use either the contractor’s original discount or a higher discount, if offered.

The contractor may request a price list revision by submitting the following to the Office of General Services:

Three (3) hard copies of the Contract Update Form. Each of the three copies of the Contract Update Form

must contain original signatures by an individual authorized to sign on behalf of Contractor, and an original

corporate acknowledgment.

Three (3) electronic copies of the nationally published manufacturer’s price list an Excel spreadsheet format

and submitted on CD or thumb drive (Excel 2007 or lower is preferred, if available). DISKETTES ARE NOT

ACCEPTABLE.

Three (3) electronic copies of the NYS price list in an Excel spreadsheet format and submitted on CD or

thumb drive (Excel 2007 or older is preferred, if available). DISKETTES ARE NOT ACCEPTABLE.

The NYS Price list and all separate spreadsheets/tabs should include the following columns at a minimum:

Manufacturer’s Item #

Manufacturer’s Model#

Description of product

Manufacturer’s price

NYS Discount

NYS Contract price

Additionally, the Revision/Effective Date and Page Numbers are to be included in the Header/Footer section.

The submission should separately include and identify (e.g., by use of separate tabs/worksheets in Excel):

Last approved price list

Price increases

Products being added

Products being deleted

Products being replaced by new products (if applicable)

In connection with any Contract update, OGS reserves the right to:

request additional information

reject Contract updates

remove Products from Contracts

remove Products from Contract updates

request additional discounts for new or existing Products

Contractors are urged to allow at least 30 days for price list approvals.

(3) PRICE JUSTIFICATION:

It will be the responsibility of the contractor to provide proper acceptable documentation to demonstrate that

pricing being offered to New York State is equal to or better than other federal or state contracts or to the trade in

general to justify reasonableness of price.

The State reserves the right to require a revised NYS Net Price List at any time during the Contract period, and it

will be requested if there have been numerous updates since the last complete update. Each updated price list must

include the date the price list was prepared.



(continued)



(4) SUPPORTING DOCUMENTATION: Each update request must include links to other state, federal, or other

contracts held by the contractor for the same manufacturer products.

(5) USE OF RE-SELLERS/DISTRIBUTORS Contractor must provide service, sales and support staff to service Authorized Users geographically located at

multiple purchasing locations throughout New York State. Contractor shall insure that sufficient resources are

available directly, or through Resellers/Distributors to insure maximum service capability throughout the State. The

State agrees to permit Contractor to utilize approved, designated value added resellers (VARs), distributors and

dealers (“Resellers”) to participate as alternate distribution sources for Contractor. Such participation is subject to

the following conditions:

A. Designation of Reseller(s): Contractor shall specify whether orders must be placed directly with Contractor,

or may be placed directly with designated Reseller(s). When Reseller(s) are submitted for approval, Contractor

must provide the State, in advance, with all necessary ordering, billing addresses and Federal Identification

numbers in the format provided in Reseller/Distributor Information (Attachment 6).

B. Conditions of Participation: Reseller(s) must be approved in advance by the State as a condition of

eligibility under this section. The State also reserves the right to rescind any such participation or request that

Contractor name additional Resellers, in the best interests of the State, at the State’s sole discretion, at any time.

Contractor shall have the right to qualify Reseller(s) and their participation as fulfillment agents under this

Contract by product line, contracting program (i.e., government/educational sales), geographic region,

size/sales volume, technical training or other criteria (“qualifying criteria”), provided that: i) such qualifying

criteria are uniformly applied to all potential Resellers based upon Contractor’s established, neutrally applied

commercial/governmental program criteria, and not to a particular procurement; ii) all general categories of

qualifying criteria must be disclosed by the Contractor to the State, in advance, at the beginning of the Contract

term, and iii) those qualifying criteria met by the Reseller must be identified on the form provided in Appendix

E (Submission #2) at the time that Reseller approval is requested under this paragraph; and iv) immediate

advance notice is provided to OGS in the event that a change in Reseller’s status occurs during the Contract

term.

All Resellers who have been approved in accordance with the foregoing paragraph shall be eligible to quote

lower pricing for procurements under this Contract which meet their qualifying criteria. Except as otherwise

set forth in Reseller/Distributor Information (Attachment 6). Contractor warrants and represents that it shall

not, directly or indirectly, by agreement, communication or any other means, restrict any Reseller’s

participation or ability to quote a particular order.

C. Responsibility for Reporting/Performance: Contractor shall be fully liable for Reseller(s)’ performance and

compliance with all Contract terms and conditions. Product purchased through Reseller(s) must be reported by

Contractor in the required Semi-Annual Reports to the State as a condition of payment, and where applicable,

to Third Party Developer(s) in accordance with the reporting requirements of this Contract. In addition to

inclusion of Reseller(s) volume in the Contractor’s semi-annual reporting obligation to the State, at the request

of Authorized User, Reseller(s) shall provide Authorized User with semi-annual reports of the individual

Authorized User’s Contract activity with Reseller.

D. Applicability of Contract Terms: Product ordered directly through Reseller(s) shall be limited to Products

previously approved for inclusion under this Contract and shall be subject to all terms and conditions of this

Contract as a condition of Reseller participation.



(continued)



6. PAYMENTS/PRICING

Prices shall be calculated and paid in accordance with the approved contract price in effect at the time of order

placement. Pricing set forth in contract includes all applicable documentation, media, shipping, delivery and

handling charges. Contractor may, however, upon mutual agreement of the Authorized User, negotiate more

advantageous pricing for particular orders.

B. Subsequent Changes to Product Offerings All changes must be in accordance with the procedures set

forth below and require the advance approval of OGS.

(1) Adding New Products: Where future similar Manufacturer’s Products become commercially available

during the Contract term and are offered to New York State, the Contract may be updated to include such

offerings.

(2) Deletion of Products: OGS reserves the right to delete any Product from the Contract at its discretion at

any time.

(3) Price Decreases: Shall be calculated in accordance with Appendix B, Clause 24.

(4) Price Increases: (Pricing not Benchmarked to GSA Supply Schedule) Additionally, where pricing

submitted for Products is not benchmarked to an approved GSA Supply Schedule:

a) First Twelve Months Fixed Pricing offered shall be fixed for the first twelve (12) months of the

Contract term from the date of Office of General Services approval.

b) Price Increase Requests - Contractor may thereafter request an increase in the pricing contained in the

Contract a maximum of once in any twelve month period provided that Contractor certifies in writing

that the price change for Product applies to its Manufacturer’s Price List, and that Contractor documents

the request to the satisfaction of the State.

c) Effective Date of Increase Price - increases shall be effective upon final approval by the State, and may not

be charged to Authorized User’s prior to receipt of final approval.

C. GSA Benchmarked Pricing: Additionally, where the NYS Net Price is based upon an approved GSA

Supply Schedule:

(1) Associated Discounts The State is entitled to all associated discounts enumerated in the GSA Supply

Schedule (including, but not limited to, discounts for additional sites and volume discounts), as well as any

other pricing or discount terms as are expressly enumerated in this NYS Contract or GSA schedule, when

calculating the NYS Net Price; and

(2) Industrial Funding Fee GSA pricing incorporates a sum referred to as the “GSA Industrial Funding

Fee”. OGS reserves the right to require either that: the IFF is remitted directly to OGS, or the state contract

prices be reduced, by an amount equivalent to the IFF. If the latter, the NYS Net Price shall be calculated

by reducing the published GSA price, after the discounts, if any, set forth in paragraph (1), above,

downward by the amount of the Industrial Funding Fee, currently set at .75%. Therefore, the “NYS Net

Price” shall be calculated by multiplying 0.9925 times the GSA price, and

(3) Pricing Increases Price increases shall be effective upon final approval by the State, and may not be

electronically posted by Contractor prior to receipt of final approval.

7.6 DISTRIBUTION OF CONTRACTOR PRICE LIST AND CONTRACT APPENDICES

Contractor shall bear the cost of and shall effect distribution of copies of the Contract, including price lists and

appendices, upon request. Contractor shall not, however, distribute Contract information unless OGS has approved

it in advance. Contractor shall also be required to furnish OGS with additional copies of the approved price lists

(paper copy or electronic media at the State’s discretion) upon request as may be necessary in the normal course of

business.



(continued)


7.6.1 CURRENT AGREEMENTS BETWEEN CONTRACTOR AND ELIGIBLE AUTHORIZED USERS

Eligible Authorized Users, including educational institutions of the State of New York, with independent

contracts for Contractor products and services may, at any time, convert any existing contract(s) with

Contractor to participate under this Contract and upon doing so shall have all rights of an “Authorized User",

provided that notice of such migration shall be forwarded to the Contractor.

Contractor has an affirmative responsibility to inform eligible Authorized Users, via e-mail or other formal

communications, of the terms, conditions and pricing of this Contract at the earliest opportunity after approval

of this Contract by all parties.

7.6.2 INTERNET ACCESS TO CONTRACT & PRICING INFORMATION Access by Authorized Users to

Contract terms and pricing information may be made available and posted on the Internet. To that end, the

Contractor may be required to host the complete Contract pricing and Product offerings at Contractor’s Internet

site, at Contractor’s sole expense, including all subsequent changes in the Contract offerings (adds, deletes,

price revisions) during the Contract term, in accordance with the following requirements:

A. Warranty Contractor warrants and represents that Contract and related information will be accurately and

completely posted, maintained and displayed in an objective and timely manner which renders it clearly

distinguishable from other, non-Contract offerings at Contractor’s web site. Contractor shall indemnify the

State and Contract users for damages resulting from errors or inaccuracies in such information, or from any

failure to maintain or timely post Contract information in accordance with this paragraph.

B. Price Data Retention & Audit Information at web site should reflect the pricing information for the

preceding twelve month period. At the end of each twelve month period, the Contractor shall either

electronically archive the information at the web site in a manner which allows the State to access the

information or electronically transmit the information to the State. This does not relieve the Contractor from

any audit requirements imposed by Appendix A, Clause 10 nor does it shorten the retention periods for

information stated therein. In addition, annual audits of the information posted at Contractor's web site may be

conducted by OSC, or by an independent auditor at Contractor's expense.

C. Site Changes Contractor hereby consents to a link from the OGS web site to the Contractor’s web site in

order to facilitate access to Contract information. The establishment of the link is provided solely for

convenience in carrying out the business operations of the State, and OGS reserves the right to terminate or

remove a link at any time, in its sole discretion, without advance notice, or to deny a future request for a link.

OGS will provide Contractor with subsequent notice of link termination or removal. Contractor shall provide

OGS with timely written notice of any change in URL or other information needed to access the site and/or

maintain the link.

D. Use of Access Data Prohibited If Contractor stores, collects or maintains data electronically as a condition of

accessing State Contract information, such data shall only be used internally by Contractor for the purpose of

implementing or marketing the State Contract, and shall not be disseminated to third parties or used for other

marketing purposes. This Contract constitutes a public document under the laws of the State of New York and

Contractor cannot restrict access to the Contract terms and conditions including pricing, i.e., through use of

restrictive technology or passwords.

E. Responsibility for Content Contractor is solely responsible for administration, content, intellectual property

rights and all materials at Contractor’s web site. Contractor is solely responsible for its actions and those of its

agents, employees, resellers, subcontractors or assigns, and agrees that neither Contractor nor any of the

foregoing has any authority to act or speak on behalf of the State. Contractor agrees to comply with Office for

Technology (http://www.oft.state.ny.us/policy/p04-002/index.htm), Accessibility of State Agency Web-based

Intranet and Internet Information and Applications dated June 21, 2004, which requires that all New York State

agencies’ web sites provide universal accessibility to persons with disabilities. The State of New York has

adopted the W3C Web Content Accessibility Guidelines <http://www.w3.org/TR/WAI-WEBCONTENT/> as a

means to provide optimal access to State agency web sites and the content therein. The Contractor agrees to

apply the most current version of these guidelines in the design, creation and maintenance of its linked website.

Contractor agrees that its Web content shall conform with level “A”, satisfying all priority one checkpoints. In

addition, Contractor agrees that its site will have a contact mechanism so individuals who might have trouble

accessing any portion of the site can report the problem. The Contractor agrees that the Web Accessibility

Guidelines and the checkpoints and guidelines referenced therein will be used in the development of all new

pages and will be the basis for bringing existing pages into compliance as required by the Office for

Technology Policy 04-002.



(continued)


7.6.2 INTERNET ACCESS TO CONTRACT & PRICING INFORMATION (Continued)

F. On-line Price Configurator Contractor may be required to make available an on-line configurator at its

Contract web site. Directions and assistance in using the configurator and web site in general must be available

at entry. This configurator must enable Authorized Users to:

(1) view the options available for the type Product requested;

(2) search and find Products under the approved Contract list;

(3) calculate complete acquisition costs

Information about payment, shipping, delivery terms and special pricing should be available. Authorized Users

should have the option of printing their "shopping cart" choices; and for those users, who are positioned to use it,

an option for on-line secure ordering should also be available.

7.7 REPORT OF CONTRACT PURCHASES:

Contractor shall furnish semi-annual (six month period) reports showing the dollar volume of any and all sales

under this contract for the prior six-month period. Said report shall include a break out of participation by individual

Authorized Users, including State and non-State governmental entities and others authorized by law. If applicable, the

Industrial Funding Fee payable to the New York State Office of General Services Finance Office will also be due on the

same schedule. Reports and Industrial Funding Fee payments shall be delivered within thirty (30) days of the close of

the semi-annual period. Semi-annual periods will end on December 31st and June 30

th. If the contract period begins or

ends in a fractional portion of a reporting period only the actual contract sales for this fractional period should be

reported in that semi-annual report. Similarly the Industrial Funding Fee payable to the New York State Office of

General Services Finance Office will only be due for the actual contract sales reported in that reporting period. .

In addition to contractor direct sales, contractor shall submit sales information for all resellers, dealers,

distributors or other authorized distribution channels, where such contract sales are provided by other than the

contractor. Contractors shall verify if each alternate vendor is a NYS Certified Minority (MBE) or Women (WBE)

Owned Businesses. Contractors shall verify such status through the Empire State Development Minority and Women

Owned Businesses Database web site at: http://www.nylovesmwbe.ny.gov/cf/search.cfm.

The report is to be submitted electronically in Microsoft Excel 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 reports shall be

provided in the format of APPENDIX E: Required Semi-Annual Sales Report Fields, unless otherwise specified by

OGS. A template will be supplied to the successful contractor at time of award.. Please note: There may be a future

change in the collection process of Sales Report data that may require the contractor to enter sales information online

into a state database.

The outlined sales report is the minimum information required. Additional related sales information, such as

monthly reports, and/or detailed user purchases may be required and must be supplied upon request.

If the contractor has designated dealers or distributors to service their portion of the contract, it is the contractor's

responsibility to ensure that these reports are maintained. The contractor should compile all information from its dealers

and then submit ONE complete report to the Office of General Services on or before due dates.

Failure to submit the required report is considered a contractor responsibility issue and may be cause for

suspension of contract and/or disqualification of contractor for future New York State contracts.

7.8 INSTRUCTION MANUALS:

Simultaneous with delivery, the contractor(s) shall furnish to the authorized user a complete

instruction/operator’s 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.

http://www.nylovesmwbe.ny.gov/cf/search.cfm



(continued)


7.9 PURCHASE ORDERS AND INVOICING:

General All orders and invoices/vouchers must include the contract number and a line by line listing of separate charges.

Orders Involving Price Lists Purchase orders are to include the following information when product is purchased from a price list:

The name, number and date of the price list.

Product description.

Product code/manufacturer number.

Full List Price/MSRP for each product/option/accessory.

Discount or price factor as applicable.

Calculation of net, contract price.

Specific designation of special price which may be better than the application of the contract discount or

price factor.

Invoices Contract users are instructed not to process invoices without needed information. Invoices must be detailed and

include all of the following:

Contract Number

Purchase Order Number

Item Number

Line Item breakdown of all charges

Failure to comply may result in lengthy payment delays.

7.10 CONTRACT BILLINGS AND PAYMENTS:

a. Billings. Contractor and the dealers/distributors/resellers designated by the Contractor, if any, shall

provide complete and accurate billing invoices to each Authorized User in order to receive payment. Billing invoices

submitted to an Authorized User must contain all information required by the Contract and the State Comptroller or

other appropriate fiscal officer. Submission of an invoice and payment thereof shall not preclude the Commissioner

from requesting reimbursement or demanding a price adjustment in any case where the Product delivered is found to

deviate from the terms and conditions of the Contract or where the billing was inaccurate.

Contractor shall provide, upon request of the Commissioner, any and all information necessary to verify the

accuracy of the billings. Such information shall be provided in the format requested by the Commissioner and in a

media commercially available from the Contractor. The Commissioner may direct the Contractor to provide the

information to the State Comptroller or to any Authorized User of the Contract.

b. Payment of Contract purchases made by an Authorized User when the State Comptroller is responsible for

issuing such payment. The Authorized User and Contractor agree that payments for invoices submitted by the

Contractor shall only be rendered electronically unless payment by paper check is expressly authorized by the

Commissioner, in the Commissioner’s sole discretion, due to extenuating circumstances. Such electronic payments

shall be made in accordance with ordinary State procedures and practices. The Contractor shall comply with the State

Comptroller’s procedures to authorize electronic payments. Authorization forms are available at the State Comptroller

website at www.osc.state.ny.us, by e-mail at [email protected], or by telephone at 518-486-1255. Contractor

acknowledges that it will not receive payment on any invoices submitted under this Contract that are payable by the

State Comptroller if it does not comply with the State Comptroller’s electronic payment procedures, except where the

Commissioner has expressly authorized payment by paper check as set forth above.

c. Payment of Contract purchases made by an Authorized User when the State Comptroller is not

responsible for issuing such payment. The Authorized User and Contractor agree that payments for such Contract

purchases shall be billed directly by Contractor on invoices/vouchers, together with complete and accurate supporting

documentation as required by the Authorized User. Such payments shall be as mandated by the appropriate governing

law from the receipt of a proper invoice. Such Authorized User and Contractor are strongly encouraged to establish

electronic payments.

http://www.osc.state.ny.us/

mailto:[email protected]



(continued)


7.11 EMERGENCY PURCHASING:

In the event that a disaster emergency is declared by Executive Order under Section 28 of Article 2-B of the

Executive Law, or that the Commissioner determines pursuant to his/her authority under Section 163(10)(b) of the State

Finance Law that an emergency exists requiring the prompt and immediate delivery of products or services, the

Commissioner reserves the right to obtain such products or services from any source, including but not limited to this

contract, as the Commissioner in his/her sole discretion determines will meet the needs of such emergency. Contractor

shall not be entitled to any claim or lost profits for products or services procured from other sources pursuant to this

paragraph.

7.12 PREFERRED SOURCE NOTE:

All bidders should note that certain legally established preferred source suppliers, such as Correctional Industries

(Corcraft), Industries for the Blind of NYS, and NYS Industries for the Disabled have expressed an interest in supplying

products/services covered by this solicitation. Therefore, one or more of these suppliers may be designated as a

"Preferred Source" and as a result, we may issue no award for the products/services affected

7.13 NEW YORK STATE PROCUREMENT CARD:

See "Procurement Card" in Appendix B, OGS General Specifications. All bidders shall indicate if they will

accept the NYS Purchasing Card for orders not to exceed $15,000 (see Questions at end of bid document).

Section 8 GENERAL TERMS AND CONDITIONS

8.1 CONTRACT PERIOD AND RENEWALS:

It is the intention of the State to enter into a contract for a term of five (5) years as stated on the Invitation for

Bids except that the commencement and termination dates appearing on the Invitation for Bids may be adjusted forward

unilaterally by the State for any resulting contract for up to two calendar months, by indicating such change on the

Contract Award Notification.

The contract dates may be adjusted forward beyond two months only with the approval of the successful bidder.

If, however, the bidder is not willing to accept an adjustment of the contract dates beyond the two month period, the

State reserves the right to proceed with an award to another bidder.

8.2 SHORT TERM EXTENSION:

In the event the replacement contract has not been issued, any contract let and awarded hereunder by the State,

may be extended unilaterally by the State for an additional period of up to one month upon notice to the contractor with

the same terms and conditions as the original contract including, but not limited to, quantities (prorated for such one

month extension), prices, and delivery requirements. With the concurrence of the contractor, the extension may be for a

period of up to three months in lieu of one month. However, this extension terminates should the replacement contract

be issued in the interim.

8.3 EXTENSION OF USE:

Any contract resulting from this bid solicitation may be extended to additional States or governmental

jurisdictions upon mutual written agreement between New York State (the lead contracting State) and the contractor.

Political subdivisions and other authorized entities within each participating State or governmental jurisdiction may also

participate in any resultant contract if such State normally allows participation by such entities. New York State

reserves the right to negotiate additional discounts based on any increased volume generated by such extensions.



(continued)

Section 8 GENERAL TERMS AND CONDITIONS (Continued)

8.4 SUMMARY OF POLICY AND PROHIBITIONS ON PROCUREMENT LOBBYING:

Pursuant to State Finance Law §§139-j and 139-k, this solicitation includes and imposes certain restrictions on

communications between OGS and an Offerer/bidder during the procurement process. An Offerer/bidder is restricted

from making contacts from the earliest written notice of intent to solicit offers/bids through final award and approval of

the Procurement Contract by OGS and, if applicable, the 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:

http://www.ogs.ny.gov/aboutOgs/regulations/defaultAdvisoryCouncil.html

8.5 MERCURY-ADDED CONSUMER PRODUCTS:

Offerers are advised that effective January 1, 2005, Article 27, Title 21 of the Environmental Conservation Law

bans the sale or distribution free of charge of fever thermometers containing mercury except by prescription written by a

physician and bans the sale or distribution free of charge of elemental mercury other than for medical 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 & 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.

8.6 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

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.

http://www.ogs.ny.gov/aboutOgs/regulations/defaultAdvisoryCouncil.html



(continued)


8.7 IRAN DIVESTMENT ACT

As a result of the Iran Divestment Act of 2012 (Act), Chapter 1 of the 2012 Laws of New York, a new

provision has been added to the State Finance Law (SFL), § 165-a, effective April 12, 2012. Under the Act, the

Commissioner of the Office of General Services (OGS) will be developing a list (prohibited entities list) of “persons”

who are engaged in “investment activities in Iran” (both are defined terms in the law). Pursuant to SFL § 165-a(3)(b),

the initial list is expected to be issued no later than 120 days after the Act’s effective date, at which time it will be

posted on the OGS website.

By submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded

hereunder, Bidder/Contractor (or any assignee) certifies that once the prohibited entities list is posted on the OGS

website, it will not utilize on such Contract any subcontractor that is identified on the prohibited entities list.

Additionally, Bidder/Contractor is advised that once the list is posted on the OGS website, any Contractor

seeking to renew a Contract or assume the responsibility of a Contract awarded in response to the solicitation, certifies

at the time the Contract is renewed or assigned that it or its assignee is not included on the prohibited entities list.

During the term of the Contract, should OGS receive information that a person is in violation of the above-

referenced certification, OGS will offer the person an opportunity to respond. If the person fails to demonstrate that it

has ceased its engagement in the investment which is in violation of the Act within 90 days after the determination of

such violation, then OGS shall take such action as may be appropriate including, but not limited to, imposing

sanctions, seeking compliance, recovering damages, or declaring the Contractor in default.

OGS reserves the right to reject any bid or request for assignment for an entity that appears on the prohibited

entities list prior to the award of a contract, and to pursue a responsibility review with respect to any entity that is

awarded a contract and appears on the prohibited entities list after contract award.

8.8 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).

8.9 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.

Note: On March 30, 2012, Chapter 55 of the Laws of 2012 was signed into law by Governor Cuomo, amending

State Finance Law section 112 to create an exception for contracts established as a centralized contract through

OGS, and purchase orders or other procurement transactions issued under such centralized contracts, from the

Office of the State Comptroller pre-approval and filing requirements. This amendment is not currently reflected

in Appendix A. The statutory provisions govern over the contractual language.



(continued)


8.10 APPENDIX B:

Appendix B, Office of General Services General Specifications, dated July 2006, attached hereto, is hereby

expressly made a part of this Bid Document as fully as if set forth at length herein and shall govern any situations not

covered by this Bid Document or Appendix A. Please retain this document for future reference and do not return

to OGS as part of the Bid submission.

8.11 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

8.12 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.


AUTHORIZED USERS

9.1 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.

9.2 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.

9.3 CONTRACT MIGRATION:

State Agencies or any other authorized user holding individual contracts with contractors under this centralized

contract shall be able to migrate to this contract award with the same contractor, effective on the contract begin date

(retroactively, if applicable). Migration by an agency or any other authorized user to the centralized contract shall not

operate to diminish, alter or extinguish any right that the agency or other authorized user otherwise had under the terms

and conditions of their original contract.



(continued)


AUTHORIZED USERS (Continued)

9.4 "OGS OR LESS" GUIDELINES APPLY TO THIS CONTRACT:

Purchases of the products included in the Invitation For Bids and related Contract Award Notification are subject

to the "OGS or Less" provisions of Section 163.3.a.v., Article XI, of the New York State Finance Law. This means

that State agencies can purchase products from sources other than the contractor provided that such products are

substantially similar in form, function or utility to the products herein and are:

1. 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

SECTION 10 ADMINISTRATIVE

10.1 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

10.2 ANNOUNCEMENT OF CONTRACT AWARD:

OGS distributes email notification to registered customers announcing the resultant contract award. The email

includes a hyperlink to the posted award on the OGS website and is sent via the OGS Purchaser Notification Service

(PNS) to registered authorized users. Authorized users may register for the PNS at the following URL address:

http://www.ogs.ny.gov/PNS/default.asp. All subsequent contract updates are also sent out via the PNS. Authorized

users of the contract submit purchase orders or other such order documents directly to the contractor. See Appendix B

Clause 44. Purchase Orders.

10.3 DISPUTE RESOLUTION POLICY:

It is the policy of the 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).

10.4 DEBRIEFING

A bidder shall be accorded fair and equal treatment with respect to its opportunity for debriefing. Prior to contract

award, OGS shall, upon request, provide a debriefing which would be limited to review of that bidder’s proposal or bid.

After contract award, OGS shall, upon request, provide a debriefing to any unsuccessful bidder that responded to the

solicitation, regarding the reason that the proposal or bid submitted by such bidder was not selected for a contract award.

The post-award debriefing should be requested in writing within 30 days of posting of the contract award on the OGS

website.

http://www.ogs.ny.gov/procurecounc/pdfdoc/guidelines.pdf

http://www.ogs.ny.gov/PNS/default.asp