THE CITY OF NEW YORK OFFICE OF CHIEF MEDICAL EXAMINER

INVITATION FOR BID

FOR

SOLID PHASE EXTRACTION COLUMNS AND SUPPLIES

Contracting Officer /Agency Contact for ALL matters concerning this project is:

Primary Contact Alvaro Mora, Contracting Officer 421 East 26th Street, 10th Floor, New York, NY 10016 Email : almora@ocme.nyc.gov

Alternate Contact Jumaris Berges, Deputy Agency Chief Contracting Officer 421 East 26th Street, 10th Floor , New York, NY 10016 Email: jberges@ocme.nyc.gov

BRIEF DESCRIPTION OF PROCUREMENT

The City of New York Department of Health and Mental Hygiene, Office of Chief Medical Examiner (OCME) is soliciting Vendors for the provision of Solid Phase Extraction Columns and supplies on an as needed basis. The contract term is expected to be three (3) years with an option to renew after the third (3) year.

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Table of Contents

SECTION I: Bid Procedures

SECTION II: Pricing Attachment

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SECTION I: BID PROCEDURES

1) Status of Information: OCME shall not be bound by any oral or written representations, statements or explanations other than those made in this solicitation, in OCME written responses to bidder inquiries, or in a formal written addendum to this solicitation.

2) Communication with OCME: From the date this solicitation is issued until the award of the contract, no contact with OCME personnel related to this solicitation is permitted, except as shall be authorized by the authorized agency contact person. All inquiries regarding this solicitation shall be addressed in writing to the authorized agency contact person via e-mail or the PASSPort system discussion forum. OCME shall respond to all inquiries in writing.

3) Addenda to the Invitation for Bids: Prior to the bid response due date, OCME shall issue corrections or amendments to the solicitation that it deems necessary, in the form of written addenda released through PASSPort system portal.

4) Form of Bid

4.01 The completed bid must be submitted in the PASSPort System before the response due date and time. Faxed or e-mailed bids shall not be accepted. Each bid must be submitted on the prescribed form(s) and must contain all information required therein. Failure to submit all required documents with the bid will render the bid incomplete and non-responsive and will result in the disqualification of the bidder

4.02 Bid samples and descriptive literature shall not be submitted by the bidder, unless expressly requested in the solicitation. Any unsolicited bid samples or descriptive literature which are submitted shall not be examined or tested and shall not be deemed to vary any of the provisions of this contract. The City shall not be responsible for the safeguarding of any samples or descriptive literature submitted.

4.03 A materially false statement willfully or fraudulently made in connection with the bid or any of the forms completed and submitted with the bid may result in the termination of any contract between the City and the bidder. The bidder may be barred from participating in future City contracts and may also be subject to criminal prosecution.

4.04 The prices set forth in the bid cannot be revoked and shall be effective until the award of the contract, unless the bid is withdrawn, as provided below.

5) Proprietary Information, Trade Secrets

5.01 A bidder shall identify those portions of its bid that it deems to be confidential, proprietary information or trade secrets, and provide justification as to why such materials shall not be disclosed by the City. All materials the bidder desires to remain confidential shall be clearly indicated by stamping the top and bottom of the pages on which such information appears with the word “Confidential”. Such materials stamped “Confidential," must be easily separable from the non-confidential portions of the bid.

5.02 All materials indicated as “Confidential” shall be reviewed by OCME and any decision not to honor a request for confidentiality shall be communicated in writing to the bidder. Prices, makes and model or catalog numbers of the items offered, deliveries and terms of payment shall be publicly available after bid opening regardless of any designation of confidentiality made by the bidder.

6) Mistakes in Bids: In accordance with Section 3-02(m) of the PPB Rules, if a bidder alleges a mistake in bid after bid opening and before an award, the bid may be corrected or withdrawn upon written approval of the Agency Chief Contracting Officer (ACCO) and OCME counsel if the following conditions are met:

a. Minor Informalities: Minor informalities in bids are matters of form rather than substance evident from the bid document, or insignificant mistakes that can be waived or corrected without prejudice to other bidders; that is, the effect on price, quantity, quality, delivery, or contractual conditions is negligible. The Contracting Officer (as defined in the PPB Rules of the City of New York) may waive such informalities or allow the bidder to correct them depending on which is in the best interest of the City.

b. Mistakes Where Intended Correct Bid is Evident: If the mistake and the intended correct bid are clearly evident on the face of the bid document, the bid shall be corrected to the intended correct bid and may not be withdrawn.

c. Mistakes Where Intended Correct Bid is Not Evident: Mistakes may not be corrected after bid opening. A bidder may be permitted to withdraw a low bid where a unilateral error or mistake has been discovered in the bid and the Contracting Officer makes the following determination, which shall be approved by the ACCO:

i. The mistake was known or made known to the agency prior to supplier selection or within three days after the opening of the bid, whichever period is shorter

ii. The price bid was based on an error of such magnitude that enforcement would be unconscionable

iii. The bid was submitted in good faith and the bidder submits credible evidence that the mistake was a clerical error as opposed to a judgment error

iv. The error in bid is actually due to an unintentional and substantial arithmetic error or unintentional omission of a substantial quantity of work, labor, material, goods, or services made directly in the compilation of the bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of the original work paper, documents, or materials used in the preparation of the bid sought to be withdrawn; and

v. It is possible to place the City in the same condition that existed prior to the receipt of the bid.

d. Mistakes Discovered After Vendor Selection: Mistakes shall not be corrected after contractor selection except where the ACCO subject to the approval of the City Chief Procurement Officer makes a determination that it would be unconscionable not to allow the mistake to be corrected.

7) Bid Evaluation and Award

7.01 This contract shall be awarded, if at all, to the lowest responsive and responsible evaluated bidder. A bid may not be evaluated for any requirement or criterion that is not disclosed in the solicitation.

7.02 In accordance with Section 3-02 (o)(2) of the PPB Rules, negotiations with the lowest bidder who is also responsive and responsible, shall be allowed to take place in those circumstances in which such negotiations result in terms which are more favorable to the City.

7.03 Nothing in this section shall be deemed to permit a contract award to a bidder submitting a higher quality item than that designated in the solicitation if that bid is not also the most favorable bid.

7.04 When two or more low responsive bids from responsible bidders are identical in price, meeting all the requirements and criteria set forth in the solicitation, the ACCO will break the tie in the following manner and order of priority:

a. Award to a certified New York City small, minority or woman-owned business entity bidder; then

b. Award to a New York City bidder; then

c. Award to a certified New York State small, minority or woman-owned business bidder; then

d. Award to a New York State bidder.

e. Should two or more bidders remain equally eligible after application of this section, award shall be made by drawing by lot limited to those bidders. The bidders involved shall be invited to attend the drawing. A witness shall be present to verify the drawing and shall certify the results on the bid tabulation sheet.

7.05 The OCME may reject a bid if the bidder is determined to be not responsible or non-responsive pursuant to the PPB Rules. The bidder has the right to appeal a determination of non-responsiveness or non- responsibility and has the right to protest a solicitation and award, pursuant to Sections 2-08 and 2-10 respectively, of the PPB Rules.

7.06 The OCME, upon written approval by the ACCO, may reject all bids and may elect to re-solicit bids in accordance with the PPB Rules or by other method authorized by such rules.

8) Solicitation Requirements

8.01 PASSPort: Organizations awarded a contract will be required to fill out a Procurement and Sourcing Solutions Portal (PASSPort) Disclosure Filing. Pursuant to PPB Rule 2-08(f)(2), the vendor will be charged a fee for a Vendor Name Check (VNC) Process, if a VNC review is required to be conducted by the Department of Investigation. The vendor shall also be required to pay the applicable fees for any of its subcontractors for which VNC reviews are required. The fee(s) will be deducted from payments made to the vendor under the contract. For contracts with an estimated value of less than or equal to $1,000,000, the fee will be $175. For contracts with an estimated value of greater than $1,000,000, the fee will be $350. The same requirements apply to all subcontractors

8.02 Comptroller’s Certificate: This contract shall not be binding or of any force unless the City comptroller shall endorse hereon his certificate that there remains unexpended and unapplied, as provided in Section 6-101 of the Administrative Code of the City, a balance of the appropriation of funds applicable thereto sufficient to pay the estimated expense of executing this contract as certified by the officer making the same. This contract shall continue in force only after annual appropriation of funds by the City and certification as herein set forth.

8.03 PPB Rules: This solicitation is subject to the PPB Rules of the City. In the event of a conflict between said Rules and the provision of this solicitation, the Rules shall take precedence. A copy of the PPB Rules may be downloaded from the New York City Procurement Policy Board website: https://www.nyc.gov/site/mocs/regulations/ppb.page.

Note: The New York City Comptroller is charged with the audit of contracts in the City of New York (City). Any vendor/provider who believes that there has been unfairness, favoritism or impropriety in the proposal process should inform the NYC Comptroller, Bureau of Contract Administration, 1 Centre Street, Room 1225, New York, New York 10007 audit@comptroller.nyc.gov or (212) 669-8945

SECTION II

PRICING ATTACHMENT

(See EXCEL sheet attachment in PASSPort. Enter your pricing into the excel sheet.)