Mastic Melter

The New York State Department of Transportation is requesting pricing quotes for RQ23-016 Mastic Melter.  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 (service-disabled veteran-owned business enterprises), and, if applicable, from businesses selling commodities or technology that are recycled or remanufactured.   PRODUCT SPECIFICATIONS (commodities)  The purpose of these specifications is to describe a double-boiler type mixer specifically designed for and that shall be capable of heating and melting Crafco TechCrete, Mastic and Matrix products. Please note the specifications attachment, Crafco-Patcher-II-Specifications-56700, included as an attachment to this ad. The Mastic Melter must meet all specifications listed in the attached specifications.  All qualified bidders must have and maintain a complete inventory of repair parts and have experienced factory-trained service personnel for this equipment.  The manufacturer shall warranty the equipment for two years or at least two years of the manufacturer’s standard warranty policy.   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;  b) 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).   DELIVERY LOCATION The Mastic Melter shall be delivered directly to NYSDOT Region 1 Bridge shop 3001 Route 50 Saratoga Springs, NY 12866.   CONTRACT PERIOD The contract period will cover a period of one (1) year which is expected to begin on April 1, 2024 (or upon the date of OSC approval, whichever occurs later.)   QUALIFICATION OF BIDDERS (Commodity Items) 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.  To the extent that this solicitation seeks manufactured items of commodity, bids will be considered only from established manufacturers or their authorized Dealers/Distributors/Resellers (“DDR’s”). Any DDR must provide verifiable evidence that they have been continuously engaged in the DDR business (though not necessarily as a DDR for any particular manufacturer) for at least two (2) years.  Bidders must also be registered with the NYS Department of State either at the time of Bid Opening or shortly thereafter; either as a resident business entity or under valid DOS authority as a foreign business entity conducting business in New York State in order to be considered for award. To the extent that this Solicitation seeks other than manufactured commodity items, bids will be considered only from established business entities who can demonstrate to the satisfaction of the Department, at least two (2) years verifiable and satisfactory experience the type of work called for herein in a large commercial or governmental environment.   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:  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.  Proof of Compliance with Disability Benefits Coverage Requirements: In order to provide proof of compliance with the requirements of the Workers’ Compensation Law pertaining to disability benefits, a contractor shall:  A) Be legally exempt from obtaining disability benefits coverage; or B) Obtain such coverage from an insurance carrier; or C) Be a Board-approved self-insured employer.  A Contractor seeking to enter into a contract with the State of New York shall provide one of the following forms to the DOT Purchasing Office at the time of bid submission or shortly after the opening of bids:  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.  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 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  Form DB-155, Certificate of Disability Benefits Self-Insurance. The Contractor must call the Board’s Self-Insurance Office at +1 (555) 000-0000 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:                                                           contact@example.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    VENDOR RESPONSIBILITY QUESTIONNAIRE Vendors are required to file a Vendor Responsibility Questionnaire when proposals exceed $100,000. Questionnaires may be filed online via the New York State Vend/Rep System, or vendors may choose to complete and submit a paper questionnaire. The New York State (OSC) Vendor Responsibility Web Site may be accessed at www.osc.state.ny.us/vendrep. This site provides for “One-Stop Shopping” for all matters related to NYS Vendor Responsibility, including enrollment, instructions, email inquiries, FAQ’s and more. For direct VendRep System user assistance, the OSC Help Desk may be reached at +1 (555) 000-0000 or +1 (555) 000-0000 or by e-mail at contact@example.gov.    Vendors are required to file a Vendor Responsibility Questionnaire (VRQ). Questionnaires may be obtained through the Office of the State Comptroller (OSC) website (http://www.osc.state.ny.us/vendrep ). To expedite review and approval, vendors are encouraged to enroll and submit VRQ through OSC online Vendor Management System. A hard copy of the VRQ can be requested through the NYSDOT Purchasing Office.   DOCUMENT ATTACHMENTS Quote submissions must include the following signed documents: Refer to Exhibit A attachment for information. -  Completed and signed Bidders Worksheet -  EO16 Certification -  EO177 Certification -  Manufacturer Certification -  No Conflict of Interest Certification -  SRVQ Affidavit of No Change Form 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 Deb Tremont +1 (555) 000-0000 contact@example.gov  SECONDARY CONTACT Barbara Sonenberg +1 (555) 000-0000 contact@example.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 NYSDOT Purchase will accept inquiries and requests for clarification relative to this RFQ until C.O.B., 2/20/2024 by email to the 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 Debra Tremont by COB 4:00 PM April 9, 2024. RFQ responses must be emailed to both  contact@example.gov and contact@example.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 Purchasing.  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) Appendix A — Standard Clauses for all New York State Contracts is attached hereto and is made a part of this Solicitation and of any resulting contract as if set forth fully at length herein.  ATTACHMENT TITLES AND DESCRIPTIONS FOR DOCUMENTS TAB:  DOCUMENT ATTACHMENTS  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.  Appendix A: Appendix A – Standard Clauses for NYS Contracts  NYSDOT Purchasing IFB & RFQ:  NYSDOT Purchasing IFB & RFQ - Exhibit A  Specifications Attachments:  Crafco-Patcher-II-Specifications-56700 Service-Disabled Veteran-Owned Set Aside: No Minority Owned Sub-Contracting Goal: 0% Women Owned Sub-Contracting Goal: 0% Service-Disabled Veteran-Owned Business Contracting Goal: 0% Disadvantaged Owned Sub-Contracting Goal: 0% Due date:04/09/2024 4:00 PM Contract term: 1 year County(ies): Albany, Essex, Greene, Rensselaer, Saratoga, Schenectady, Warren, Washington Location: NYSDOT region 1 Business entities awarded an identical or substantially similar procurement contract within the past five years: none