The New York State Department of Transportation is requesting pricing quotes for RQ23-018 Large Package Shipping Services. The Department intends to advance this purchase pursuant to its discretionary purchasing authority under State Finance Law section 163(6), which authorizes purchases without a formal competitive process in certain circumstances, including purchases from New York State small businesses, from businesses certified pursuant to Article 15-A of the New York State Executive Law and/or Article 17-B of the New York State Executive Law and/or New York State Veterans’ Services Law for service-disabled veteran-owned business enterprises (SDVOB), and, if applicable, from businesses selling commodities or technology that are recycled or remanufactured.

SCOPE OF WORK/SERVICES:

NYSDOT is seeking reasonable quotes from responsive and responsible LTL (Less Than Load) shipping vendors to respond to large package shipping requests. To be deemed responsive, bidders shall offer one all-inclusive statewide annual bid price to generate a three-year rate schedule to be included in the resulting annual statewide LTL large package shipping three-year contract (see Bidders Worksheet Attachment). Proposed rates shall be fully inclusive of all cost required to ship large packages as requested (includes labor, fuel, milage, overhead, insurance, etc.). Large package shipping requests can come from any DOT signal shop/lab for anywhere during normal business hours. NYSDOT expects to schedule with the vendor one to two days prior to the expected date of service. Minimal industry standards apply regarding trained/certified drivers, proper fleet maintenance, insurance, etc.

The following presents NYSDOT’s large package shipping requests expectations:

• A shipping request to move up to 30 CABINETS from central Signal Lab at 16 Avis Drive, Latham to one or more of the ten DOT Regional Signal Shop locations. This shipping request may occur once a month.”
• This shipping request may occur once a month.
• A shipping request to move one PALLET containing various traffic signal parts from central Signal Lab at 16 Avis Drive, Latham to one or more of the ten DOT Regional Signal Shop locations four times a year.
• A shipping request to move one PIPE or POLE BUNDLE from central Signal Lab at 16 Avis Drive, Latham to the Region 10 DOT Regional Signal Shop location once a year. Bundles are banded to hold the pipes or poles together and stored on a pallet for lifting purposes.
• The following presents NYSDOT’s large package shipping request details:

All large package shipping orders shall be requested during normal business hours. Large package deliveries can only occur between 9:00 AM and 2:00 PM Monday through Friday, excluding state holidays. NYSDOT offices are closed for business during weekends and State holidays. CALL 24 HOURS AHEAD FOR DELIVERIES: For each large package shipment to be accepted, the receiving location must be called beforehand and the delivery advance acknowledged.

METHOD OF AWARD

It is the intention of NYSDOT to award to the lowest responsive and responsible bidder by Grand Total Quote Amount. The vendor who submits the lowest bid price will be designated for award.

In order for a bid to be considered for award, it must:

Be responsive (i.e. conforms in all material respects to the terms, conditions, specifications, and other requirements of the RFQ), and;

Have been submitted by a responsible bidder (i.e., has the capacity in all respects to perform all contract requirements in full, specifically the financial capacity, legal authority, integrity and past performance).

It is the intention of NYSDOT to award a “blanket” purchase order to the Vendor who offers the Lowest Price for an estimated annual quantity. This purchase order is established to allow requestor to take multiple deliveries of goods and services on an as-needed basis. Specific delivery and contact information will be included when actual orders are placed.

The quantities listed in the Request for Quotations are estimated only and grand total will be used to determine lowest quote. Contractor will be required to fulfill all requests actually ordered during the contract period.

DELIVERY LOCATION

Large package shipping requests can come from any DOT signal shop/lab listed below to any DOT signal shop/lab listed below during normal business hours.

CONTRACT PERIOD

The contract period will cover a period of three (3) years which is expected to begin May 1, 2024 (or upon the date of Purchase Order approval, whichever occurs later.)

QUALIFICATION OF BIDDERS (Services)

Bidder is advised that the State’s intent in having the requirements listed below is to ensure that only qualified and reliable Contractors perform the work of the resulting Contract. Bidder shall have the burden of demonstrating to the satisfaction of the Department that it can perform the work required.

Bids will be considered only from established business entities who can demonstrate to the satisfaction of the Department, at least two (2) years of verifiable experience for the type of work called for herein, and the decision of the Department as to whether a firm meets the qualification criteria will be final.

Bidders must also be registered with the NYS Department of State as an entity authorized to conduct business in New York State. If not registered with the NYS Department of State, the bidder must provide proof of Good Standing from their Department/Secretary of State from their State of principal place of business.

INSURANCE REQUIREMENTS

WORKERS’ COMPENSATION INSURANCE AND DISABILITY BENEFITS REQUIREMENTS

Workers’ Compensation Law (WCL) §57 and §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 Department is having the work done or is simply issuing the permit, license or contract. Failure to provide proof of such coverage or a legal exemption will result in a rejection of your bid or renewal of contract.

Proof of Compliance with Workers’ Compensation Coverage Requirements:

An ACORD form is NOT acceptable proof of workers’ compensation coverage. In order to provide proof of compliance with the requirements of the Workers’ Compensation Law pertaining to workers’ compensation coverage, a contractor shall:

A) Be legally exempt from obtaining Workers’ Compensation insurance coverage; or

B) Obtain such coverage from an insurance carrier; or

C) Be a Workers’ Compensation Board-approved self-insured employer or participate in an authorized self-insurance plan.

A Contractor seeking to enter into a contract with the State of New York shall provide one of the following forms to the Department of Transportation (Purchasing Office) at the time of bid submission or shortly after the opening of bids:

A) Form CE-200, Certificate of Attestation for New York Entities with No Employees and Certain Out of State Entities, that New York State Workers’ Compensation and/or Disability Benefits Insurance Coverage is Not Required , which is available on the Workers’ Compensation Board’s website ( wcb.ny.gov ). Reference applicable IFB/RFQ # on the form.

B) Certificate of Workers’ Compensation Insurance:

1) Form C-l05.2 (9/07) if coverage is provided by the contractor’s insurance carrier, contractor must request its carrier to send this form to the DOT Purchasing Office, or

2) Form U-26.3 if coverage is provided by the State Insurance Fund, contractor must request that the State Insurance Fund send this form to the DOT Purchasing Office.

C) Form SI-l2, Certificate of Workers’ Compensation Self-Insurance available from the New York State Workers’ Compensation Board’s Self-Insurance Office.

D) Form GSI-105.2, Certificate of Participation in Workers’ Compensation Group Self-Insurance available from the contractor’s Group Self-Insurance Administrator.

1. Proof of Compliance with Disability Benefits Coverage Requirements:

In order to provide proof of compliance with the requirements of the Workers’ Compensation Law pertaining to disability benefits, a contractor shall:

1. A) Be legally exempt from obtaining disability benefits coverage; or
2. B) Obtain such coverage from an insurance carrier; or
3. C) Be a Board-approved self-insured employer.

A Contractor seeking to enter into a contract with the State of New York shall provide one of the following forms to the DOT Purchasing Office at the time of bid submission or shortly after the opening of bids:

A) Form CE-200, Certificate of Attestation for New York Entities with No Employees and Certain Out of State Entities, That New York State Workers’ Compensation and/or Disability Benefits Insurance Coverage is Not Required , which is available on the Workers’ Compensation Board’s website ( wcb.ny.gov ). Reference applicable Solicitation or Contract # on the form.

B) Form DB-120.1, Certificate of Disability Benefits Insurance. Contractor must request its business insurance carrier to send this form to the DOT Purchasing Office; or

C) Form DB-120.2, Certificate of Participation in Disability Benefits Group Self-Insurance. Contractor must obtain, complete and send this form to the DOT Purchasing Office; or

D) Form DB-155, Certificate of Disability Benefits Self-Insurance. The Contractor must call the Board’s Self-Insurance Office at (518) 402-0247 to obtain this form.

ALL OF THE ABOVE REFERENCED FORMS, EXCEPT CE-200, SI-12 & DB-155 MUST NAME: the New York State Department of Transportation / the People of the State of New York (50 Wolf Road, Albany, NY 12232) as the Entity Requesting Proof of Coverage (Entity being listed as the Certificate Holder).

WORKERS’ COMPENSATION LAW (WCL) CONTRACTOR DEBARMENT

For any public work contract subject to Article 8 of the New York State Labor Law, such contract, including amendments or renewals that extend the term of an existing contract, cannot be awarded to a vendor or any substantially owned affiliate of a vendor, that is debarred pursuant to WCL Section 141-b. Additionally, a contractor shall be required to replace any subcontractor, at no additional cost to the State, found to be debarred pursuant to WCL Section 141-b during the course of the contract.

INSURANCE

In addition to the Worker’s Compensation and Disability Benefits Insurance requirements set forth above, if in furnishing items hereunder the Contractor will perform any installation or training on State property, or if the Contractor is providing Contract for Services hereunder, then the Contractor shall procure and maintain at its own expense and without compensation by the State, until final acceptance by the State of services provided by the contract, insurance for liability for damages imposed by law, of the kinds and in the amounts hereinafter provided, with insurance companies authorized to do such business in the State, covering such on-site work or Contract for Services.

The types and limits of insurance are as follows:

COMMERCIAL GENERAL LIABILITY INSURANCE with a limit of not less than $1,000,000 each occurrence ($2,000,000 aggregate).

COMPREHENSIVE BUSINESS AUTOMOBILE LIABILITY INSURANCE with a limit of not less than $1,000,000 each accident. Such liability insurance is to cover liability arising out of any vehicle including owned, leased, hired, and non-owned vehicles bearing, or required by NYS Vehicle and Traffic Law to bear license plates.

Before commencing work, the Contractor shall furnish to the State a certificate or certificates of insurance in form satisfactory to the State showing compliance with this paragraph, which certificate or certificates are to name the “State of New York/New York State Department of Transportation and their agents or employees” as additional insured. Such policies may not be changed or canceled until thirty (30) days written notice has been given to the State.

The Contractor shall procure, at its own sole cost and expense, and shall maintain in force at all times during the term of this contract including any extensions or renewals until final payment is disbursed, the policies of insurance covering all operations under the contract whether written by companies authorized by the New York State Insurance Department to issue insurance in the State of New York and that have an A.M. Best Company rating of (A -) or better or approved by the Department. The Contractor shall deliver to the Department evidence of such policies as the Department deems necessary to verify that the required insurance is in effect.

Certificates or transmittal correspondence shall reference the NYSDOT Contract Number. Contractor is strongly encouraged to transmit certificates and other materials concerning insurance coverage, referencing the contract number and the name of the Contractor in the Subject Line, by email to:

Purch-Assist@dot.ny.gov

Certificates may also be mailed to the:

New York State Department of Transportation

Main Office Purchasing

50 Wolf Road, Suite 1PC

Albany, NY 12232

DOCUMENT ATTACHMENTSENTSCH

Quote submissions must include the following signed documents:

- Completed and signed Bidders Worksheet

• Procurement Lobbying Law form (PLL Form included under Documents Tab)
• EO16 (Included under Documents Tab)

Interested parties should inquire of the Designated Contact Person(s) identified below to discuss particulars of providing a quotation to this opportunity.

Communication with respect to this procurement initiated by or on behalf of an interested vendor through other than the “Designated Contact Person(s)” identified below may constitute an “impermissible contact” under state law with respect to Procurement Lobbying, which could result in disqualification of that vendor.

DESIGNATED CONTACT PERSONS

(All Communications and Bid Submissions are to be Directed to):

PRIMARY CONTACT

Barbara Sonenberg

518-485-5668

Barbara.sonenberg@dot.ny.gov

SECONDARY CONTACT

Deb Tremont

518-457-1176

Debra.tremont@dot.ny.gov

The New York State Department of Transportation, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation and Title 23 Code of Federal Regulations, Part 200, Title VI Program and Related 1 of 3 Statutes, as amended, issued pursuant to such Act, hereby notifies all who respond to a written Department solicitation, request for

proposal or invitation for bid, that it will affirmatively insure that in any contact entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age disability/handicap and income status in consideration for an award.

For purposes of this procurement, the NYS Department of Transportation has conducted a comprehensive search and determined this contract does not offer sufficient opportunities to set goals for participation by certified DBE, MWBE, and/or SDVOB firm subcontractors, service providers, and suppliers. This project may present a direct opportunity for certified firms to participate as prime contractors and certified firms are encouraged to submit bids.

BID SUBMISSION DETAILS

The NYSDOT Purchasing Unit will accept inquiries and requests for clarification relative to this RFQ until C.O.B., 3/18/2024 by email to BOTH Designated Contact Persons.

Firm pricing offers from responsible and reliable vendors will be accepted until the Quotation due date. Interested parties should submit a quote to Barbara Sonenberg by COB 4:00 PM April 12, 2024. RFQ responses must be emailed to both Barbara.Sonenberg@dot.ny.gov and Debra.Tremont@dot.ny.gov . All quotations must be received by the above due date/time. Late submissions will be considered at the sole discretion of the Director of Contract Management.

Bids submitted shall remain in effect for a period of sixty (60) days. Bids shall remain in effect beyond such period until such time as either an award is made, or the bidder delivers written notice of withdrawal of its bid to the Purchasing Office.

Purchases made by the State of New York are not subject to state or local sales taxes or federal excise taxes. There is no exemption from paying the New York State truck mileage, unemployment insurance, or Federal Social Security taxes. The official NYSDOT purchase order is sufficient evidence to qualify the transaction exempt from sales tax under section 1116(a)(I), Tax Law. For tax-free transactions under the Internal Revenue Code, the New York State registration number is 14740026K.

STANDARD CLAUSES FOR ALL NEW YORK STATE CONTRACTS (APPENDIX A)

STOCK EXHIBIT, which includes NYS Appendix A (Standard Clauses for All NYS Contracts), NYSDOT Title VI (Civil Rights Act of 1964 – as amended) Appendices & NYSDOT Appendix B Publication PUR 102 (General Specifications), is attached hereto and made a part of this Solicitation and of any resulting contract as if set forth fully at length herein.

DOCUMENT ATTACHMENTS

RQ23-018 Bidders Worksheet

Procurement Lobbying Law (form):

Pursuant to State Finance Law §139-j and §139-k, this solicitation includes and imposes certain restrictions on communications between NYSDOT staff and an offerer/bidder during the procurement process. An offerer/bidder is restricted from making contacts from the earliest notice of intent to solicit offers through final award and approval of the Procurement Contract by NYSDOT and, if applicable, Office of the State Comptroller (“Restricted Period”) to other than designated staff.

EO 16 - Executive Order 16

STOCK EXHIBIT To All IFB’S/RFQ’s:
NYS Appendix A (Standard Clauses for All NYS Contracts)

NYSDOT Title VI (Civil Rights Act of 1964 – as amended) Appendices

NYSDOT Appendix B Publication PUR 102 (General Specifications)

One Cabinet on One Pallet

REGION