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supplemented with seven (7) additional thirty-five (35) yard multiple cycle compactorsand fifteen (15) to twenty (20) additional thirty (30) yard open top roll-offs.(c) After initial location, in one twelve (12) month period, including the State Fair, theeight (8) yard multiple cycle compactors are hauled , each haul including removal,emptying, cleaning as necessary and relocation approximately fifty (50) times, the thirtyfive (35) yard multiple cycle compactors are hauled approximately one hundred thirtyfive (135) times and the thirty (30) yard open top receptacles are hauled approximatelyone hundred thirty (130) times.(d) The rear loading compactor truck with driver was used three (3) days prior to andfor three (3) days after the annual State Fair.(e) Toters and lifts have not been used at any time in the past.The Department makes no representation that past service levels indicate the level ofservice to be provided during the Term of the contract.USE THE BID SHEET ATTACHED TO THIS INVITATION FOR BIDS. DO NOTINCLUDE THE TIPPING FEE IN YOUR COST.For each year of the three (3) year Term of the contract state:1. The cost of providing, removing, emptying and relocating each size and typeof receptacle;2. The cost per hour, including the driver, for one rear loading compactor truckwith a minimum capacity of 25 cubic yards;3. (a) The unit rental cost for each Toter (or equivalent) and(b) The unit rental cost for each lift.The Grand Total of all years will constitute your bid. The lowest bid will be awarded thecontract.TaxesThe Department of Agriculture and Markets, is exempt from all federal state and localtaxes.April 5, 20117

AwardThe award will be made to a qualified, responsible bidder submitting the lowest bid.Reservation of RightsThe Department reserves the right to:Reject any or all bids received with respect to this invitation;Decline to award a contract from this invitation;Require clarification from any bidder to assure a full understanding of theresponsiveness to the requirements of the invitation;Waive or modify minor irregularities in bids received;Request from bidder additional information deemed necessary to morefully evaluate its bid or absent required forms. Bidders will have three (3)business days to respond to the request;Amend this invitation after its release, with appropriate written noticeposted on the Department’s website, and;Negotiate with any or all bidders within the bid requirements, in the bestinterest of New York State.Notification of AwardThe Department will notify the selected bidder verbally, followed by a writtenconfirmation. Unsuccessful bidders will be notified in writing by the Department withinten business days after the award.Debriefing – ProtestPursuant to section 163(9)(c) of the State Finance Law, an unsuccessful bidder has theright to a debriefing. An unsuccessful bidder must request a debriefing within thirty (30)days from the date of the notification of the Award. To request a debriefing anunsuccessful bidder should contact Emma Graham, Division of Fiscal Management, inwriting or via e-mail at emma.graham@agmkt.state.ny.us.April 5, 20118

An unsuccessful bidder may protest the award by filing a protest, in writing, with theOffice of the State Comptroller, Bureau of Contracts, 110 State Street, 11 th Floor,Albany, New York 12236.New York LawThe provisions of New York law shall apply to the contract and to all claims, actions andother proceedings arising out of the contract.ApprovalsThe contract shall be subject to the approval of the Attorney General of the State ofNew York and the Comptroller of the State of New York.NYS Standard Vendor Responsibility QuestionnaireThe bidder shall fully and accurately complete the Vendor Responsibility Questionnaire,(hereinafter the “Questionnaire”). The bidder acknowledges that the Department’sexecution of the Contract will be contingent upon the Department’s determination thatthe bidder is responsible, and that the Department will be relying upon the bidder’sresponses to the Questionnaire in making that determination. If it is found by theDepartment that the bidder’s responses to the Questionnaire were intentionally false orintentionally incomplete, on such finding, the Department may terminate the contract byproviding ten (10) days written notification to the contractor. In no case shall suchtermination of the contract by the Department be deemed a breach thereof, nor shall theDepartment be liable for any damages for lost profits or otherwise, which may besustained by the contractor as a result of such termination.NOTE: Bidders are invited to file the Vendor Responsibility Questionnaire online via theNew York State VendRep System. To enroll in and use the New York State VendRepSystem, see the VendRep System Instructions available atwww.osc.state.ny.us/vendrep or go directly to the VendRep System online athttps://portal.osc.state.ny.us/wps/portal. For direct VendRep System user assistance,the OSC Help Desk may be reached at 866-370-4672 or 518-408-4672 or by emailathelpdesk@osc.state.ny.us.Appendix AAppendix A is posted on the website of the New York State Office of General Servicesat pdf, and contains standardclauses that are required in all State contracts. Appendix A will be a part of any contractApril 5, 20119

awarded and the successful bidder will be responsible for complying with the terms andconditions contained therein.Certification Pursuant to NYS Tax Law Section 5-APursuant to Tax Law Section 5-a, you are required to certify to the Tax Department thatyou are registered to collect New York State and local sales and compensating usetaxes, if you made sales of tangible personal property, delivered by any means, tolocations within New York State or you provided taxable services, having a cumulativevalue in excess of 300,000 measured over a specified period. In addition, you mustcertify to the Tax Department that each affiliate and subcontractor exceeding such salesthreshold during a specified period is registered to collect New York State and localsales and compensating use taxes. You must also certify to the procuring state agencythat affiliates and subcontractors have filed a correct and complete certification with theTax Department. The successful bidder will be required to complete and sign, underpenalty of perjury, the Contractor Certification Form ST-220-TD and the ContractorCertification to Covered Agency Form ST-220-CA. The Contractor Certification Formsare available from the Department of Tax and Finance web site at:http://www.tax.state.ny.us/forms/sales cur forms.htm#Other%20Sales%20Tax%20Forms.The successful bidder will be required to complete and submit the ContractorCertification Forms within three (3) business days from the date of the request. Failureto respond timely may render a bidder non-responsive and non-responsible. Biddersshall take the necessary steps to provide properly certified forms, within a timelymanner, to ensure compliance with the law. You may call the Tax Department at 1-200698-2931 for all questions regarding Tax Law §5-a, and relating to a company’sregistration status with the Tax Department. For additional information and frequentlyasked questions, please refer to the Department of Tax and Finance web ales/pub223 507.pdf.Minority & Women Owned Business Equal Opportunities & GoalsSee Clause 12, Equal Employment Opportunities for Minorities and Women, inAppendix A. For this contract the Department and the Division have established thefollowing goals:Minority business enterprises 1%Women owned business enterprises 1%April 5, 201110

MacBride Fair Employment PrinciplesChapter 807 of the Laws of 1992 prohibits a State department from contracting for thesupply of goods and services or construction with any contractor who does not agree tostipulate that it either has no business operations in Northern Ireland, or if it does havesuch business operations, it shall take lawful steps in good faith to conduct suchoperations in accordance with the MacBride Fair Employment Principles, if there isanother contractor who will execute such stipulation and provide the goods and servicesor construction of comparable quality at a comparable price. Bidders must sign therelated certification of non-discrimination ondiscrimination.pdf.Summary of Department’s Policy Regarding State Finance Law Sections 139-j &139-kPursuant to State Finance Law Sections 139-j and 139-k, this solicitation includes andimposes certain restrictions on communications between the Department of Agricultureand Markets and an offeror/bidder during the procurement process. (See Attachment 8 - “Guidelines Regarding Permissible Contacts During a Procurement and the Prohibitionof Inappropriate Lobbying Influence”.) An offeror/bidder is restricted from makingcontacts from the earliest notice of intent to solicit bids/bids through final award a ndapproval of the Procurement Contract by the Department, and, if applicable, Office ofthe State Comptroller (“restricted period”) to other than designated staff unless it is acontact that is included among certain statutory exceptions set forth in State FinanceLaw Section 139-j(3)(a). Designated staff, as of the date hereof, are identified in thissolicitation. Department employees are also required to obtain certain information whencontacted during the restricted period and make a determination of the responsibility ofthe offeror/bidder pursuant to these two statutes. Certain findings of non-responsibilitycan result in rejection for contract award and in the event of two findings within a fouryear period, the offeror/bidder is debarred from obtaining governmental ProcurementContracts. Further information about these requirements can be found in theDepartment’s Guidelines, which are attached, and on the Office of General ServicesWebsite defaultAdvisoryCouncil.htmlThe Department has designated the following staff members to receive contactspertaining to this Bid:Emma GrahamDivision of Fiscal ManagementTelephone: (518) 457-0864Fax: (518) 485-7750E-mail: emma.graham@agmkt.state.ny.usApril 5, 201111

Judy GiovannettiDivision of Fiscal ManagementTelephone: (518) 457-6172Fax: (518) 485-7750E-mail: judy.giovannetti@agmkt.state.ny.usNon-Collusive Bidding CertificationNew York State requires that you certify under the penalty of perjury that your bid wasarrived at independently. If you are the successful bidder the certification will beprovided to you.Contract TerminationThis provision authorizes the Department to terminate its contract with you if any of theinformation you provided in the documents making up the Standard Contract Provisionsis intentionally incomplete or intentionally false. If contract termination is proposed, youwill be notified and given an opportunity to explain why you believe the contract shouldnot be terminated.Workers’ Compensation & Disability Benefits InsurancePursuant to sections 57 and 220 of the State’s Workers’ Compensation Law, no Stateagency may enter into a contract with a vendor until the vendor produces proof that ithas secured Workers’ Compensation and Disability Benefits Insurance. Bidders mustinclude, as part of their bid, a C-105.2 form and a DB-120.1 form completed andcertified by their insurance carrier, attesting to the existence of proper insurancecoverage. The insurance coverage must be under the company name, federal employeridentification number and policy number issued to the Bidder. New York State does notaccept ACORD forms. Please see the Workers’ Compensation Board’s website atwww.wcb.state.ny.us for more information.Restrictions on Communications with Department of Agriculture and Markets andDivision of the State Fair StaffBidders shall make no unsolicited contact with any Department or Division personnelregarding this Bid, except that Bidders may contact Emma Graham in writing or byemail at emma.graham@agmkt.state.ny.us.April 5, 201112

Cost LiabilityThe State of New York, the Department and the Division assume no responsibility orliability for costs incurred by the Bidders in preparing and submitting their bids inresponse to this Bid.Freedom of InformationThe selected Bidder’s bid and any contract resulting from this Bid are subject to theprovisions of New York’s Freedom of Information Law, Public Officers Law, Article 6. .April 5, 201113

New York State Department of Agriculture and MarketsBid SheetTRASH REMOVAL AND DISPOSALNEW YORK STATE FAIRGROUNDSTRASH RECEPTACLES and COMPACTORS2011-20122012-20132013-201430 yard open topmonthly rentalx 24 x 24 x 24 haul one timex 130 x 130 x 130 monthly rentalx 91 x 91 x 91 haul one timex 135 x 135 x 135 35 yard multiple cycle compactorDate:Bidder:Authorized Representative:(Signature)(Print Name)April 5, 201114

New York State Department of Agriculture and MarketsBid SheetTRASH REMOVAL AND DISPOSALNEW YORK STATE FAIRGROUNDSTRASH RECEPTACLESand COMPACTORS2011-20122012-20132013-20148 yard multiple cycle compactormonthly rentalx 24 x 24 x 24 haul one timex 50 x 50 x 50 Date:Bidder:Authorized Representative:(Signature)(Print Name)April 5, 201115

New York State Department of Agriculture and MarketsBid SheetTRASH REMOVAL AND DISPOSALNEW YORK STATE FAIRGROUNDSTRASH TRUCK and DRIVER2011-2012In the space provided put thehourly cost for providing one rearloading compactor truck, minimumtwenty-five (25) yard capacity, withdriver.2012-20132013-2014x 48 hours per hourx 48 hours per hourx 48 hours per hourx 300 units x 300 units x 300 units TOTERS (or equivalent) and LIFTSIn the space provided put the rentalcost of one Toter (or equivalent)for use during the per unit State Fair;not more than 300 Toters (orequivalent) will be required.per unitDate:per unitBidder:Authorized Representative:(Signature)(Print Name)April 5, 201116per unit

New York State Department of Agriculture and MarketsBid SheetTRASH REMOVAL AND DISPOSALNEW YORK STATE FAIRGROUNDSTRASH TRUCK and DRIVER2011-2012In the space provided put the rentalcost of one Toter (or equivalent) liftfor use during per unit the State Fair;not more than 10 will be required.x 10 units per unitDate:Bidder:(Signature)(Print Name)172013-2014x 10 units per unitAuthorized Representative:April 5, 20112012-2013x 10 units per unit

Offeror’s Affirmation of Understanding and AgreementPursuant to State Finance Law §139-j(3) and §139-j(6)Instructions:Pursuant to State Finance Law §§139-j and 139-k, this solicitation imposes certainprocurement lobbying limitations. Offerors are restricted from making contactsduring the procurement’s “Restricted Period” (from the issuance of the solicitationdocument until the date of the contract’s final approval by the State Comptroller) toother than designated staff, unless the contact falls within certain statutoryexceptions (“permissible contacts”). Agriculture and Markets’ employees arerequired to obtain certain information from Offerors and others whenever there is acontact about the procurement during the Restricted Period, and are required tomake a determination of the Offeror’s responsibility that addresses the Offeror’scompliance with the statutes’ requirements. Findings of non-responsibility result inrejection of contract award, and if an Offeror is subject to two non-responsibilityfindings within four years the Offeror also will be determined ineligible to submit aproposal on or be awarded a contract for four years from the date of the second nonresponsibility finding. Further information about these requirements can be foundat: faultAdvisoryCouncil.html.As a prerequisite for participating in this procurement, an Offeror must provide thefollowing Affirmation of Understanding and Agreement to comply with theseprocurement lobbying restrictions in accordance with State Finance Law §§139-jand 139-k.Offeror Affirmation and AgreementThe Offeror affirms that it understands the procurement lobbyingrequirements set forth in State Finance Law §§139-j and 139-k, and agrees tocomply with the Agriculture and Markets’ procedures regarding permissibleContacts as required thereby.Name ofOfferor:By:(Signature)Name:Title:Address:Date:

Offerer Disclosure of Prior Non-Responsibility DeterminationsName of Individual or Entity Seeking to Enter into the Procurement Contract:Address:Name and Title of Person Submitting this Form:Contract Procurement Number:Date:1. Has any Governmental Entity made a finding of non-responsibility regarding the individual or entityseeking to enter into the Procurement Contract in the previous four years? (Please circle):NoYesIf yes, please answer the next questions:2. Was the basis for the finding of non-responsibility due to a violation of State Finance Law §139-j(Please circle):NoYes3. Was the basis for the finding of non-responsibility due to the intentional provision of false orincomplete information to a Gover nmental Entity? (Please circle):NoYes4. If you answered yes to any of the above questions, please provide details regarding the finding of nonresponsibility below.Governmental Entity:Date of Finding of Non-responsibility:Basis of Finding of Non-Responsibility:(Add additional pages as necessary)5. Has any Governmental Entity or other governmental agency terminated or withheld a ProcurementContract with the above-named individual or entity due to the intentional pr ovision of false or incompleteinformation? (Please circle):NoYes6. If yes, please provide details below.Governmental Entity:

Date of Termination or Withholding of Contract:Basis of Termination or Withholding:(Add additional pages as necessary)Offerer certifies that all information provided to the Governmental Entity with respect to State Finance Law §139-k is complete, true andaccurate.By:Date:SignatureName:Title:

Offeror’s Certification of CompliancePursuant to State Finance Law §139-k(5)Instructions:New York State Finance Law (SFL) §139-k(5) require that every contract awardsubject

3. The bidder has provided trash removal and disposal services similar to those sought by this invitation for bids having a billed value to at least one customer of Bid FOR INFORMATIONAL PURPOSES ONLY In the past three years the Fair has disposed of: (a) An average of 39 tons of trash each month excluding trash generated by the annual State Fair.