RFI 2373 Warehousing and Distribution Services of USDA

RFI 2373 Warehousing and Distribution Services of USDA Donated Food Commodities Across NYS Addendum #1 Page 1

DIVISION OF FINANCIAL ADMINISTRATION

ADDENDUM #1

Request for Information # 2373 Date: April 23rd, 2020 Subject: Questions and Answer period Title: Warehousing and Distribution Services of USDA Donated Food

Commodities Across NYS Response Due Date: Wednesday, April 29th, 2020 @ 2:00 PM Address Responses to:

Dan Schenkman [email protected]

RFI #2373 – Warehousing and Distribution Services

Questions & Answers:

1. Q: If we do not have the refrigerated / frozen storage available, could we still bid on the dry goods storage? A: This is a request for information only and if you cannot provide dry, chilled, and frozen storage, you should indicate this in your response so all information can be taken into consideration.

2. Q: When do you intend to begin, reason I ask is because due to Covid 19, many warehouses are at capacity due to ships coming in with cargo that were already on the water. A: There is no request for services at this time. The purpose of this RFI is to acquire information that could be considered in the future for developing more desirable terms to increase interest and participation, while still resulting in successful, competitive contracts for this need.

3. Q: Is it imperative that all products be at the same facility? Reason I ask is because each type of facility is different due to their certification and the products they handle.

mailto:[email protected]


Example: Some specialize in Frozen only, Some Frozen and Chilled, it is rare that a Temp Controlled/Frozen facility handles ambient since there are so many ambient facilities available and Temperature Controlled/Frozen is a specialty. A: This is a request for information only and if you cannot provide dry, chilled, and frozen storage, you should indicate this in your response so all information can be taken into consideration. The USDA Foods are delivered to one central warehouse location. There would need to be a proposed plan and provide proof that you could safely transport the food to an alternate location while maintaining proper temperatures at all times for each environment.

4. Q: Also some do not handle Eggs, Milk, Fish etc so we would need to know what commodities are to be stored. A: Examples for each category are listed here for information purposes:

• Frozen commodities include juice and berry cups, vegetables, cheese, beef, chicken, and turkey.

• Refrigerated commodities include cheese, fresh oranges, and fresh apples. • Dry commodities include canned fruits and vegetables, peanut butter, and

canned tuna.

5. Q: USDA via FSIS handles meat inspection and AQI/PPQ handles Plants while FDA handles Packaged foods and Fish so we would need to know commodities to be stored for proper compliance. My question would be, are these all 100% USDA so only USDA compliance is needed? A: The foods being stored are purchased by the USDA and are already inspected.

6. Q: Will there be a contract for a certain amount of space for a certain time period, as space is costly in NY, especially downstate, for a facility to allocate a minimum of 28000 sq ft to a client and not knowing if and when it will be used is not feasible since they are paying for that space so a bit more clarification may be needed for this part. A: Our contracts are for five years to store and distribute USDA Foods to schools each school year which runs from July 1 - June 30. The storage space is the minimum required to service the schools included in the region and delivery is typically between August and June each school year. For the purposes of this RFI, we averaged the storage space required; each region, when solicited, will have more accurate space needs included.

7. Q: How many pallet spaces are needed and expected dimension/weight of pallets.


A: There are no standard pallet weights and dimensions. Pallets vary by vendor and food type.

8. Q: How much handling is needed.

A: A vendor would receive the USDA Foods at the warehouse, store the food, pick orders, and make deliveries to schools.

9. Q: Is segregation/sorting needed.

A: Each case of food is designated for a particular school. Inventory needs to be accurately tracked by Sales Order Number.

10. Q: Do you require pick and pack services. A: No.

11. Q: How high on racks can pallets be stacked 2 or 3. A: This would vary by food product.

12. Q: Will the LI distribution center be closed? A: No, the LI distribution center will not be closed.

13. Q: Can you please specify when by region the current contracts expire? A: You would need to submit a Freedom of Information Law (FOIL) request for this information. Please see the following link https://www.governor.ny.gov/freedom-information-law-foil-requests.

14. Q: Can you please specify the case fee and monthly storage fee that is currently being charged? A: You would need to submit a Freedom of Information Law (FOIL) request for this information. Please see the following link https://www.governor.ny.gov/freedom-information-law-foil-requests.

15. Q: If we share a warehouse between 2-3-4 regions? A: Yes, you would have to prove minimum storage capacity for each region individually.

https://www.governor.ny.gov/freedom-information-law-foil-requests





Reminder: Response are due no later than April 29th, 2020 @ 2:00 PM *If submitting a response, this Addendum #1 for RFI #2373 must contain a signature, be dated, attached to, and made a part of your response. Company Name Address (include City, State, Zip) Bidders Name (please print) Title Signature

Date

Request for Information (RFI) #2373 Warehousing and Distribution Services of USDA Donated Food

Commodities Across New York State

1. INTRODUCTION

1.1. GENERAL INFORMATION AND PURPOSE The Office of General Services (OGS) Food Distribution is seeking information relating to the warehousing and distribution services of USDA donated food commodities to schools across New York State.

OGS has experienced limited interest and participation from the vendor community. The purpose of this Request for Information (RFI) is to acquire information that could be considered in the future for developing more desirable terms to increase interest and participation, while still resulting in successful, competitive contracts for this need.

Vendors interested in participating in any possible future opportunities are encouraged to respond to this RFI.

1.2. PROJECT BACKGROUND OGS currently has several contracts with vendors across the State providing these services to schools.

OGS is the State Distributing Agency (SDA) of USDA Foods for the National School Lunch Program (NSLP) and Child and Adult Care Food Program (CACFP). USDA Foods are ordered by schools in February/March for the following school year, purchased by the USDA and delivered to the state-contracted warehouse facilities in one of nine areas of New York State. The food is delivered to the warehouses typically between August – April each school year. The USDA Foods are then delivered by the state-contracted warehouse to schools.

Food orders submitted to the USDA must be submitted in full truckload quantities. Each truckload of food that is ordered must have at least ¼ of a truck per stop with no more than three stops and stops should be within a day’s drive of each other.

1.3. CURRENT REQUIREMENTS Listed below are the current requirements in warehousing and distribution service solicitations:

A. Bidder’s facility must be licensed for food storage by New York State Department of Agriculture and Markets and provide proof of such.

B. Bidder must have a pest management system in place at their facility and provide proof of such.

C. Bidder’s facility must, at a minimum, have storage capacities as listed below (average minimum square footage) for dry, chilled and frozen storage environments, all located at one site:

• 11,400 square feet of dry storage

• 4,700 square feet of chilled storage

• 11,400 square feet of frozen storage

D. Bidder’s facility must be located in close proximity to the counties included in the solicited region or provide proof of prior experience and ability to provide delivery services to each facility within the region.

E. Incoming USDA loads must be accepted for delivery at minimum, between 7:00 A.M. and 2:00 P.M.

F. Deliveries to schools shall be made twice each month, between the months of September through June. All deliveries must be made Monday through Friday (excluding holidays) between the hours of 7:00 A.M. and 2:00 P.M.

RFI # 2373 – Warehousing and Distribution Services of USDA Donated Food Commodities

NOTE: This is NOT a Request for Proposal. A contract will NOT be awarded based on submissions. Page 2 of 3

G. Contractor must be available on a 24 hour, 7 days a week basis to respond to an emergency call within one hour and be readily available off hours to accommodate USDA retrieval of donated foods from the contractor’s warehouse in the event of an emergency.

H. See Attachment 1 – Regional Map. Each Region has its own contract.

I. See Attachment 2 – Insurance Requirements. This form relays the minimum insurance requirements a company must show proof of in order to enter into an award with NYS OGS.

J. See Attachment 3 – Facility Site Visit Form. This form lists out facility requirements the vendors must adhere to in order to make final award.

2. DESIRED KNOWLEDGE OGS seeks to gain a comprehensive understanding of the needs of warehousing and distribution vendors in order to service this type of contract both successfully and profitably. Please address each current requirement listed above and provide detailed information on whether or not these requirements could hinder your ability to bid on such solicitations. Also, please respond with any additional information you feel would be helpful in our review of these needed services. Vendors are encouraged to be both comprehensive and creative when providing information related to this RFI. The State understands there are a host of potential solutions and it expects equal consideration be given to all options available in the marketplace. Vendors are permitted to submit responses, either in whole or in part, and/or in collaboration with other vendors.

3. CONTENT OF RESPONSE OGS requests that vendors include the following information in their written responses:

• Company Background – Provide general background information regarding your company, including a summary of previous experience in similar types of projects.

• Potential Adjustments – Provide examples of potential adjustments to the requirements listed above that would result in your company bidding on these services, if it has not in the past.

• Provide information regarding equipment and/or technology that you envision could be implemented for a project of this scope, including any specifications and relevant information used in similar situations.

• Provide a general approach to a project of this size, equipment/technology expectations, milestones and a project plan.

• Issues and Concerns – Provide information regarding any other potential issues or concerns that should be considered. Responses may include strength and weakness comparisons of known potential solutions from the vendor’s point of view.

• Provide the cost of a service of similar scope and size and the pricing mechanism utilized. • Additional Information – Provide any additional information and/or any other parameters that should be

considered or required for bidders to respond to a formal solicitation. Please respond to the information above and provide the name of your company, its location, a contact person, phone number, and email address when replying to this RFI. A response does not bind or obligate the vendor to any agreement of provision or procurement of services referenced. Since this RFI is designed as a tool to collect information and shall not result in a procurement contract, it does not fall under the requirements of State Finance Law §§139-j and 139-k (the Procurement Lobbying Law) and there is no restricted period. We ask that you direct your questions and responses in writing to the OGS point of contact listed below. Questions should be submitted in writing by April 22, 2020 at 2:00 pm EST. An Addendum with answers to the submitted questions will be posted at the following link: https://ogs.ny.gov/procurement/bid-opportunities Provide response via email to the contact(s) listed below by April 29, 2020 at 2:00 pm EST to: Primary Contact Dan Schenkman, Contract Management Specialist 1

https://ogs.ny.gov/procurement/bid-opportunities

https://ogs.ny.gov/procurement/bid-opportunities

RFI # 2373 – Warehousing and Distribution Services of USDA Donated Food Commodities

NOTE: This is NOT a Request for Proposal. A contract will NOT be awarded based on submissions. Page 3 of 3

Office of General Services, Financial Administration Agency Procurement Office 32nd Floor, Corning Tower, ESP, Albany, NY 12242 (518) 474-4642 [email protected] Secondary Contact Paige Corning, Contract Management Specialist 2 Office of General Services, Financial Administration Agency Procurement Office 32nd Floor, Corning Tower, ESP, Albany, NY 12242 (518) 474-8209 [email protected]



OGS FOOD DISTRIBUTION AREAS

87

C L I N T O N

F R A N K L I N

S T . L A W R E N C E

81

J E F F E R S O N

87

E S S E X

L E W I S

H A M I L T O N

87

W A R R E N

81

O S W E G O

O N E I D A

W A S H I N G T O N

N I A G A R A

90

E R I E

90

O R L E A N S

G E N E S E E

W Y O M I N G

M O N R O E

490

90

L I V I N G S T O N

390

O N T A R I O

Y A T E S

W AY N E

90

S E N E C A

90

C A Y U G A

O N O N D A G A

81

C O R T L A N D

90

M A D I S O N

O T S E G O

H E R K I M E R

90

88

F U L T O N

M O N T G O M E R Y

S C H O H A R I E

90

SCHENEC TADY

88

S A R A T O G A

87

R E N S S E L A E R

A L B A N Y

C H E N A N G O

S C H U Y L E R

T O M P K I N S

81

90

C H A U T A U Q U A

C A T T A R A U G U S

A L L E G A N Y

S T E U B E N

C H E M U N G

T I O G A

88

B R O O M E

D E L A W A R E

87

G R E E N E

C O L U M B I A

Area by color code

U L S T E R

D U T C H E S S

S U L L I V A N

87

84

84

O R A N G E

P U T N A M

684

87

ROCKLAND

W E S T C H E S T E R

B R O N X

495

S U F F O L K

NEW YORK

NASSAU

QUEENS

KINGS

RICHMOND

A F

C G

D J K

E L W

Attachment 1 - OGS Distribution Map

AREA COUNTIES A Allegany

Genesee Livingston Monroe Orleans Steuben Wyoming

C Chautauqua Erie Niagara Cattaraugus

D Broome Chemung Chenango Cortland Delaware Otsego Schuyler Tioga Tompkins

E Hamilton Herkimer Jefferson Lewis Madison Oneida Oswego

F Clinton Essex Franklin St. Lawrence

G Dutchess Orange Putnam Rockland Sullivan Ulster Westchester

J Albany Columbia Fulton Greene Montgomery Rensselaer Saratoga Schenectady Schoharie Warren Washington

K Nassau Suffolk Bronx Queens Kings Richmond

L Cayuga Onondaga Ontario Seneca Wayne Yates

Attachment 1 - OGS Distribution Map

Appendix D – Insurance Requirements

Attachment 2 - Insurance Requirements

New York State – Office of General Services RFI 2373- Warehousing and Distribution (delivery) of United States Department of Agriculture (USDA) food commodities Appendix D- Insurance Requirements

Insurance Requirements

Contractors shall be required to procure, at their sole cost and expense, and shall maintain in force at all times during the term of this Contract, policies of insurance as required by this Attachment. All insurance required by this Attachment shall be written by companies that have an A.M. Best Company rating of “A-,” Class “VII” or better. In addition, companies writing insurance intended to comply with the requirements of this Attachment should be licensed or authorized by the New York State Department of Financial Services to issue insurance in the State of New York. OGS may, in its sole discretion, accept policies of insurance written by a non-authorized carrier or carriers when certificates and/or other policy documents are accompanied by a completed Excess Lines Association of New York (ELANY) affidavit or other documents demonstrating the company’s strong financial rating. If, during the term of a policy, the carrier’s A.M. Best rating falls below “A-,” Class “VII,” the insurance must be replaced, on or before the renewal date of the policy, with insurance that meets the requirements above.

Contractors shall deliver to OGS evidence of the insurance required by this Contract in a form satisfactory to OGS. Policies must be written in accordance with the requirements of the paragraphs below, as applicable. While acceptance of insurance documentation shall not be unreasonably withheld, conditioned or delayed, acceptance and/or approval by OGS does not, and shall not be construed to, relieve Contractors of any obligations, responsibilities or liabilities under this Contract.

The Contractor shall not take any action, or omit to take any action that would suspend or invalidate any of the required coverages during the term of the Contract.

A. General Conditions Applicable to Insurance. All policies of insurance required by thisContract shall comply with the following requirements:

1. Coverage Types and Policy Limits. The types of coverage and policy limits requiredfrom Contractors are specified in Paragraph B Insurance Requirements below.

2. Policy Forms. Except as otherwise specifically provided herein, or agreed to in theContract, all policies of insurance required by this Attachment shall be written on anoccurrence basis.

3. Certificates of Insurance/Notices. Contractors shall provide OGS with a Certificateor Certificates of Insurance, in a form satisfactory to OGS as detailed below, and pursuant tothe timelines set forth in Section B below. Certificates shall reference the Solicitation or awardnumber and shall name The New York State Office of General Services, Bureau of Risk andInsurance Management (BRIM), 32nd Floor, Corning Tower, Empire State Plaza, Albany, NewYork 12242 as the certificate holder.

Certificates of Insurance shall: • Be in the form acceptable to OGS and in accordance with the New York State Insurance

Law (e.g., an ACORD certificate);• Disclose any deductible, self-insured retention, aggregate limit or exclusion to the policy

that materially changes the coverage required by this Contract;


• Be signed by an authorized representative of the referenced insurance carriers; and• Contain the following language in the Description of Operations / Locations / Vehicles

section of the Certificate or on a submitted endorsement: Additional insured protectionafforded is on a primary and non-contributory basis. A waiver of subrogation is granted infavor of the additional insureds.

Only original documents (certificates of insurance and any endorsements and other attachments) or electronic versions of the same that can be directly traced back to the insurer, agent or broker via e-mail distribution or similar means will be accepted.

OGS generally requires Contractors to submit only certificates of insurance and additional insured endorsements, although OGS reserves the right to request other proof of insurance. Contractors should refrain from submitting entire insurance policies, unless specifically requested by OGS. If an entire insurance policy is submitted but not requested, OGS shall not be obligated to review and shall not be chargeable with knowledge of its contents. In addition, submission of an entire insurance policy not requested by OGS does not constitute proof of compliance with the insurance requirements and does not discharge Contractors from submitting the requested insurance documentation.

4. Primary Coverage. All liability insurance policies shall provide that the requiredcoverage shall be primary and non-contributory to other insurance available to the People ofthe State of New York, the New York State Office of General Services, and their officers,agents, and employees. Any other insurance maintained by the People of the State of NewYork, the New York State Office of General Services, and their officers, agents, andemployees shall be excess of and shall not contribute with the Bidder/Contractor’s insurance.

5. Breach for Lack of Proof of Coverage. The failure to comply with the requirementsof this Attachment at any time during the term of the Contract shall be considered a breachof the terms of the Contract and shall allow the People of the State of New York, the NewYork State Office of General Services, and their officers, agents, and employees to availthemselves of all remedies available under the Contract, at law or in equity.

6. Self-Insured Retention/Deductibles. Certificates of Insurance must indicate theapplicable deductibles/self-insured retentions for each listed policy. Deductibles or self-insured retentions above $100,000.00 are subject to approval from OGS. Such approval shallnot be unreasonably withheld, conditioned or delayed. Contractors shall be solely responsiblefor all claim expenses and loss payments within the deductibles or self-insured retentions. Ifthe Bidder/Contractor is providing the required insurance through self-insurance, evidence ofthe financial capacity to support the self-insurance program along with a description of thatprogram, including, but not limited to, information regarding the use of a third-partyadministrator shall be provided upon request.

7. Subcontractors. Prior to the commencement of any work by a Subcontractor, theContractor shall require such Subcontractor to procure policies of insurance as required bythis Attachment and maintain the same in force during the term of any work performed by thatSubcontractor. An Additional Insured Endorsement CG 20 38 04 13 (or the equivalent)evidencing such coverage shall be provided to the Contractor prior to the commencement ofany work by a subcontractor and pursuant to the timelines set forth in Section A.13. below,


as applicable, and shall be provided to OGS upon request. For subcontractors that are self-insured, the subcontractor shall be obligated to defend and indemnify the above-named additional insureds with respect to Commercial General Liability and Business Automobile Liability, in the same manner that the subcontractor would have been required to pursuant to this section had the subcontractor obtained such insurance policies. 8. Waiver of Subrogation. For all liability policies and the workers’ compensation insurance required below, the Bidder/Contractor shall cause to be included in its policies insuring against loss, damage or destruction by fire or other insured casualty a waiver of the insurer’s right of subrogation against The People of the State of New York, the New York State Office of General Services, and their officers, agents, and employees, or, if such waiver is unobtainable (i) an express agreement that such policy shall not be invalidated if the Contractor waives or has waived before the casualty, the right of recovery against The People of the State of New York, the New York State Office of General Services, and their officers, agents, and employees or (ii) any other form of permission for the release of The People of the State of New York, the New York State Office of General Services, and their officers, agents, and employees. A Waiver of Subrogation Endorsement shall be provided upon request. A blanket Waiver of Subrogation Endorsement evidencing such coverage is also acceptable. 9. Additional Insured. The Contractor shall cause to be included in each of the liability policies required below coverage for on-going work naming as additional insureds (via ISO coverage forms CG 20 10 04 13 and form CA 20 48 10 13, or a form or forms that provide equivalent coverage): The People of the State of New York, the New York State Office of General Services, and their officers, agents, and employees. An Additional Insured Endorsement evidencing such coverage shall be provided to OGS pursuant to the timelines set forth in Section 13 below. A blanket Additional Insured Endorsement evidencing such coverage is also acceptable. For Contractors who are self-insured, the Contractor shall be obligated to defend and indemnify the above-named additional insureds with respect to Commercial General Liability and Business Automobile Liability, in the same manner that the Contractor would have been required to pursuant to this Attachment had the Contractor obtained such insurance policies. 10. Excess/Umbrella Liability Policies. Required insurance coverage limits may be provided through a combination of primary and excess/umbrella liability policies. If coverage limits are provided through excess/umbrella liability policies, then a Schedule of underlying insurance listing policy information for all underlying insurance policies (insurer, policy number, policy term, coverage and limits of insurance), including proof that the excess/umbrella insurance follows form must be provided upon request. 11. Notice of Cancellation or Non-Renewal. Policies shall be written so as to include the requirements for notice of cancellation or non-renewal in accordance with the New York State Insurance Law. Within five (5) business days of receipt of any notice of cancellation or non-renewal of insurance, the Contractor shall provide OGS with a copy of any such notice received from an insurer together with proof of replacement coverage that complies with the insurance requirements of this Contract.


12. Policy Renewal/Expiration. Upon policy renewal/expiration, evidence of renewal or replacement of coverage that complies with the insurance requirements set forth in this Contract shall be delivered to OGS. If, at any time during the term of the Contract, the coverage provisions and limits of the policies required herein do not meet the provisions and limits set forth in this Contract, or proof thereof is not provided to OGS, the Contractor shall immediately cease work. The Contractor shall not resume work until authorized to do so by OGS. 13. Deadlines for Providing Insurance Documents after Renewal or Upon Request. As set forth herein, certain insurance documents must be provided to the OGS BRIM contact identified in the Contract Award Notice after renewal or upon request. This requirement means that the Contractor shall provide the applicable insurance document to OGS as soon as possible but in no event later than the following time periods:

• For certificates of insurance: 5 business days • For information on self-insurance or self-retention programs: 15 calendar days • For other requested documentation evidencing coverage: 15 calendar days • For additional insured and waiver of subrogation endorsements: 30 calendar days

Notwithstanding the foregoing, if the Contractor shall have promptly requested the insurance documents from its broker or insurer and shall have thereafter diligently taken all steps necessary to obtain such documents from its insurer and submit them to OGS, OGS shall extend the time period for a reasonable period under the circumstances, but in no event shall the extension exceed 30 calendar days.

B. Insurance Requirements Contractors shall obtain and maintain in full force and effect, throughout the term of the Contract, at their own expense, the following insurance with limits not less than those described below and as required by the terms of the Contract, or as required by law, whichever is greater:

Insurance Type Proof of Coverage is Due

Commercial General Liability Not less than $2,000,000 each occurrence

At time of Tentative Award and updated in accordance with Contract

General Aggregate $2,000,000 Products – Completed Operations Aggregate

$2,000,000

Personal and Advertising Injury $1,000,000 Medical Expenses Limit $5,000

Business Automobile Liability Insurance Not less than $1,000,000 each occurrence

Crime $1,000,000 Workers’ Compensation Disability Benefits


1. Commercial General Liability Insurance: Such liability shall be written on the current edition of ISO occurrence form CG 00 01, or a substitute form providing equivalent coverage and shall cover liability arising from premises operations, independent contractors, products-completed operations, broad form property damage, personal & advertising injury, cross liability coverage, and liability assumed in a contract (including the tort liability of another assumed in a contract).

Policy shall include bodily injury, property damage and broad form contractual liability coverage. • General Aggregate • Products – Completed Operations Aggregate • Personal and Advertising Injury • Each Occurrence

Coverage shall include, but not be limited to, the following: • Premises liability; • Independent contractors; • Blanket contractual liability, including tort liability of another assumed in a

contract; • Defense and/or indemnification obligations, including obligations assumed

under the Contract; • Cross liability for additional insureds; and • Products/completed operations for a term of no less than one (1) year,

commencing upon acceptance of the work, as required by the Contract.

2. Business Automobile Liability Insurance: Such insurance shall cover liability arising out of any automobile used in connection with performance under the Contract, including owned, leased, hired and non-owned automobiles bearing or, under the circumstances under which they are being used, required by the Motor Vehicles Laws of the State of New York to bear, license plates.

In the event that the Contractor does not own, lease or hire any automobiles used in connection with performance under the Contract, the Contractor does not need to obtain Business Automobile Liability Insurance, but must attest to the fact that the Contractor does not own, lease or hire any automobiles used in connection with performance under the Contract on a form provided by OGS. If, however, during the term of the Contract, the Contractor acquires, leases or hires any automobiles that will be used in connection with performance under the Contract, the Contractor must obtain Business Automobile Liability Insurance that meets all of the requirements of this section and provide proof of such coverage to OGS in accordance with the insurance requirements of the Contract. In the event that the Contractor does not own or lease any automobiles used in connection with performance under the Contract, but the Contractor does hire and/or utilize non-owned automobiles in connection with performance under the Contract, the Contractor must: (i) obtain Business Automobile Liability Insurance as required by this Solicitation or the Contract, except that such insurance may be limited to liability arising out of hired and/or non-owned automobiles, as applicable; and (ii) attest to the fact that the Contractor does not own or lease any automobiles used in connection with performance under the Contract, on a form provided


by OGS. If, however, during the term of the Contract, the Contractor acquires or leases any automobiles that will be used in connection with performance under the Contract, the Contractor must obtain Business Automobile Liability Insurance that meets all of the requirements of this Attachment and provide proof of such coverage to OGS in accordance with the insurance requirements of the Contract. 3. Crime Insurance (Employee Dishonesty): The Contractor shall maintain, during the term of the Contract, Crime Insurance on a “loss sustained form” or “loss discovered form,” and coverage must include the following:

• The policy must allow for reporting of circumstances or incidents that might give rise to future claims.

• The policy must include an extended reporting period of no less than one year with respect to events which occurred but were not reported during the term of the policy.

• Any warranties required by the Contractor’s insurer as a result of the Contract must be disclosed and complied with. Said insurance shall extend coverage to include the principals (all directors, officers, agents and employees) of the Contractor as a result of this Contract.

• The policy shall include coverage for third party fidelity and name “The People of the State of New York, the New York State Office of General Services, and their officers, agents, and employees” as “Loss Payees” for all third party coverage secured. This requirement applies to both primary and excess liability policies, as applicable.

• The policy shall not contain a condition requiring an arrest and conviction. 4. Workers’ Compensation Insurance and Disability Benefits Requirements Sections 57 and 220 of the New York State Workers’ Compensation Law require the heads of all municipal and state entities to ensure that businesses applying for contracts have appropriate workers’ compensation and disability benefits insurance coverage. These requirements apply to both original contracts and renewals. Failure to provide proper proof of such coverage or a legal exemption will result in a rejection of a Bid or any contract renewal. A Bidder will not be awarded a Contract unless proof of workers’ compensation and disability insurance is provided to OGS. Proof of workers’ compensation and disability benefits coverage, or proof of exemption must be submitted to OGS at the time of Bid submission, policy renewal, contract renewal and upon request. Proof of compliance must be submitted on one of the following forms designated by the New York State Workers’ Compensation Board. An ACORD form is not acceptable proof of New York State workers’ compensation or disability benefits insurance coverage.

The failure to comply with the requirements of this Attachment at any time during the term of any Contract resulting from this Solicitation shall be considered a breach of the terms of any Contract resulting from this Solicitation and shall allow the People of the State of New York, the New York State Office of General Services, and their officers, agents, and employees to avail themselves of all remedies available under any Contract resulting from this Solicitation, at law or in equity.

Proof of Compliance with Workers’ Compensation Coverage Requirements: • 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 (www.wcb.ny.gov);

• Form C-105.2 (9/07), Certificate of Workers’ Compensation Insurance, sent to OGS by the Contractor’s insurance carrier upon request, or if coverage is provided by the New York State Insurance Fund, they will provide Form U-26.3 to OGS upon request from the Contractor; or

• Form SI-12, Certificate of Workers’ Compensation Self-Insurance, available from the New York State Workers’ Compensation Board’s Self-Insurance Office, or

• 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: • 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 (www.wcb.ny.gov);

• Form DB-120.1, Certificate of Disability Benefits Insurance, sent to OGS by the Contractor’s insurance carrier upon request; or

• Form DB-155, Certificate of Disability Benefits Self-Insurance, available from the New York State Workers’ Compensation Board’s Self-Insurance Office.

An instruction manual clarifying the New York State Workers’ Compensation Law requirements is available for download at the New York State Workers’ Compensation Board’s website, http://www.wcb.ny.gov. Once on the site, click on the Employers/Businesses tab and then click on Employers’ Handbook.

http://www.wcb.ny.gov/

http://www.wcb.ny.gov/

Office of General ServicesFood Distribution

USDA Storage Facility Review

Office of General ServicesFood DistributionRoom 2978, Corning TowerEmpire State PlazaAlbany, NY 12242(518) [email protected]

Instructions:United States Department of Agriculture (USDA) regulations, 7 Code of Federal Regulations, Part 250.14, require that all agencies participating in the donated food program conduct an annual review of all storage facilities. Any item(s) below checked “no” must be corrected a report of corrective action(s) must be returned to OGS within 5 business days.

Date of ReviewFacility Name

Facility Address Reviewer

Location Where Food is Stored Name of FB

Yes No Comments

1 Is storage facility well maintained to insure safety and sanitation?

2 Is space adequate and in good repair?

3 Is there adequate ventilation?

4 Is storage area secure from theft?

5Are foods stored separately from pesticides, herbicides, cleaning solvents, lubricants, or other materials that could contaminate the foods?

6 Is storage area free of rodent and insect infestation?

7 Is facility exterminated regularly?

8 Are foods palletized and/or on shelves?

9 Is first-in/first-out method used?

10 Are damaged products disposed of property?

11 Record Current Temperature in: n/a n/a

12 If applicable, is the freezer’s internal temperature checked and recorded 7 out of 7 days?

13 If applicable, is the cooler’s internal temperature checked and recorded 7 out of 7 days?

14 Though not required, is the dry storage temperature checked and recorded 7 out of 7 days? (50°-70°)

15 Is a current Ag & Markets license on file?

Enter Log Date Inspected & Company Name

Freezer (0° or below) Cooler (35°-45°) Dry (50°-70°)

Log Manual Electronic

Enter Expiration Date

Note: Individual forms should be completed on each location where food is stored.

Attachment 3 - Facility Inspection Form

mailto:ogsdonatedfoods%40ogs.ny.gov?subject=Commodity%20Complaint