Warehousing & Distribution Services of USDA Donated Food Commodities Region D – Counties of: Broome, Chemung, Chenango, Cortland, Delaware, Otsego, Schuyler, Ti...

IFB# 2657 – Warehousing and Distribution Region D – Broome, Chemung, Chenango, Cortland, Delaware, Otsego, Schuyler, Tioga, Tompkins Page 3 of 32 5.2 Past Practice .............................................................................................................................. 25 5.3 Summary of Policy and Prohibitions on Procurement Lobbying ............................................... 25 5.4 Tax and Finance Clause ............................................................................................................ 25 5.5 Freedom of Information Law/Trade Secrets .............................................................................. 26 5.6 General Requirements ............................................................................................................... 26 5.7 Subcontractors ........................................................................................................................... 27 5.8 Extent of Services

...................................................................................................................... 28 5.9 Termination ................................................................................................................................ 28 NYS Vendor Responsibility Questionnaire ................................................................................ 28 5.11 New York State Vendor File Registration .................................................................................. 29 5.12 Ethics Compliance ..................................................................................................................... 30 5.13 Civil Rights ................................................................................................................................. 30 5.14 Indemnification ........................................................................................................................... 30 5.15 Force Majeure ............................................................................................................................ 30 5.16 Encouraging Use Of New York State Businesses in Contract Performance ............................ 31 5.17 Sexual Harassment Prevention ................................................................................................. 31 Participation Opportunities For New York State Certified Service-Disabled Veteran-Owned Businesses ................................................................................................................................ 32 Appendix A................Standard Clauses for New York State Contracts IFB Appendix B...........Required Forms IFB Appendix C...........Sample Contract IFB Appendix D...........Insurance Requirements IFB Appendix E...........MWBE and EEO Requirements Attachment 1..............Bid Proposal Form Attachment 2..............List of Recipient Agencies Attachment 3..............USDA Storage Facility Review IFB# 2657 – Warehousing and Distribution Region D – Broome, Chemung, Chenango, Cortland, Delaware, Otsego, Schuyler, Tioga, Tompkins Page 4 of 32 1. Introduction 1.1 Overview The Office of General Services, Division of Food Distribution, through this solicitation, seeks a vendor to provide Warehousing and Distribution (delivery) of United States Department of Agriculture (USDA) food commodities in Region D, which includes the counties of: Broome, Chemung, Chenango, Cortland, Delaware, Otsego, Schuyler, Tioga, and Tompkins. The Contractor would receive and deliver federally procured foods from dry, chilled, and frozen environments to approximately 85 recipient agencies as stated on Attachment 2. Any planned use of subcontractors, for warehousing or delivery, must be disclosed in detail when submitting your bid. If a subcontractor is being used for warehousing, the location of the warehouse(s) must be disclosed as well. 1.2 Designated Contact In compliance with the Procurement Lobbying Law, Sonya Stack, Contract Management Specialist 1, NYS Office of General Services, Division of Financial Administration has been designated as the PRIMARY contact for this procurement solicitation and may be reached by email, voice for all inquiries regarding this solicitation. Sonya Stack, Contract Management Specialist I NYS Office of General Services Financial Administration / Agency Procurement Office 32nd Floor, Corning Tower Bldg., Empire State Plaza Albany, New York 12242 Phone: 1-518-486-7649 Email: Sonya.Stack@ogs.ny.gov In the event the designated contact is not available, the alternate designated contacts are: Paige Corning, Contract Management Specialist 2 NYS Office of General Services Financial Administration / Agency Procurement Office 32nd Floor, Corning Tower Bldg., Empire State Plaza Albany, New York 12242 Phone: 1-518-474-5209 Email: Paige.Corning@ogs.ny.gov Beth Maus, Contract Management Specialist 3 NYS Office of General Services Financial Administration / Agency Procurement Office 32nd Floor, Corning Tower Bldg., Empire State Plaza Albany, New York 12242 Voice: 1-518-486-5743 Email: Beth.Maus@ogs.ny.gov mailto:Sonya.Stack@ogs.ny.gov mailto:Paige.Corning@ogs.ny.gov mailto:Beth.Maus@ogs.ny.gov IFB# 2657 – Warehousing and Distribution Region D – Broome, Chemung, Chenango, Cortland, Delaware, Otsego, Schuyler, Tioga, Tompkins Page 5 of 32 For inquires related specifically to Minority Women-Owned Business Enterprises (MWBE) provisions of this procurement solicitation, the designated contact is: Joshua Quiles, Compliance Specialist I Office of General Services / Office of Business Diversity / MWBE / SDVOB 29th Floor, Corning Tower Bldg., Empire State Plaza Albany, NY 12242 Voice: 1-518-408-0432 Email: OGS.sm.MWBE@ogs.ny.gov For inquires related specifically to Service-Disabled Veteran Owned Businesses (SDVOB) provisions of this procurement solicitation, the designated contact is: NYS Division of Service-Disabled Veterans’ Business Development 32nd Floor, Corning Tower, ESP Albany, NY 12242 Phone: 1-518-474-2015 Email: veteransdevelopment@ogs.ny.gov 1.3 Key Events The Table below outlines the schedule for important action dates. Event Date Time OGS Issues IFB #2657 September 23, 2022 Deadline for Submission of Bidders Questions October 17, 2022 OGS Issues Response to Written Questions via addenda (estimated) October 19, 2022 Bid Due Date November 4, 2022 2:00 PM 1.4 Minimum Bidder Qualification Bidders are advised that the State’s intent is to ensure that only responsive, responsible, qualified and reliable Contractors enter into a contract to perform the work as defined in this document. The State considers the following qualifications to be a pre-requisite to be considered as a qualified bidder for purposes of the solicitation. The following minimum requirements must be met by each bidder: • Bidder’s facility/facilities must be licensed for food storage by New York State Department of Agriculture and Markets and provide proof of such. • Bidder must have a pest management system in place at their facility/facilities and provide proof of such. • Bidder’s facility/facilities must, at a minimum, have storage capacities as listed below for dry, chilled, and frozen storage environments. Additionally, the storage capacity listed below must only be available for the commodities required by this solicitation: ➢ 5,000 square feet of dry storage mailto:OGS.sm.MWBE@ogs.ny.gov mailto:veteransdevelopment@ogs.ny.gov IFB# 2657 – Warehousing and Distribution Region D – Broome, Chemung, Chenango, Cortland, Delaware, Otsego, Schuyler, Tioga, Tompkins Page 6 of 32 ➢ 1,000 square feet of chilled storage; and ➢ 5,000 square feet of frozen storage. • Bidder facility/facilities must be located in close proximity to the counties included in REGION D or provide proof of prior experience and ability to provide delivery services to each facility within REGION D. The State of New York retains the right to request any additional information pertaining to the Contractor's ability, qualifications, and procedures used to accomplish all work under this contract, as it deems necessary to ensure safe and satisfactory work. 1.5 Glossary of Terms “Commissioner” shall mean the Commissioner of General Services or her duly authorized representative. “Contractor” shall mean a successful Bidder awarded a contract pursuant to this Solicitation. “Issuing Office” shall mean the Office of General Services Department of Financial Administration. “OGS” shall mean the New York State Office of General Services. “OSC” shall mean the Office of the New York State Comptroller. “Bidder,” “Proposer” or “Offeror” shall mean any person, partnership, firm, corporation or other authorized entity submitting a proposal to the State pursuant to this solicitation. “Invitation for Bids,” “IFB” or “Solicitation” shall mean this document. The “State” shall mean The People of the State of New York, which shall also mean the New York State Office of General Services. “Subcontractor” shall mean a third-party contractor hired by the Contractor to perform services pursuant to this Solicitation. IFB# 2657 – Warehousing and Distribution Region D – Broome, Chemung, Chenango, Cortland, Delaware, Otsego, Schuyler, Tioga, Tompkins Page 7 of 32 2. Scope of Work 2.1 Contract Service Requirements A. The Contractor agrees to adhere to all State and Federal regulations, primarily 7 CFR Part 250 and all applicable program policies and instructions, in connection with the handling, storage and distribution of any commodities. B. The Contractor agrees to accept, unload, remove, and place into storage in their facility/facilities, shipments of USDA Foods allocated by NYS OGS for distribution to eligible recipient agencies. Incoming USDA loads must be accepted for delivery at minimum, between 7:00 A.M and 2:00 P.M. Contractor may not charge USDA carrier any fees for the delivery of USDA Foods or further processed USDA Foods. C. Contractor agrees to clearly mark each pallet of USDA Foods received for this account to ensure that these items are easily identified. This may include adding a label to the outside of each pallet. D. USDA Foods begin arriving in the second half of August for the school year and April will typically be the last month USDA deliveries will be made. Deliveries to schools will begin in September and typically end in May with light “clean up” deliveries occurring in June. It is not NYS OGS’s intention to carry over any product during the summer months. E. The Contractor agrees to immediately tally commodities being placed for unloading and storage and prepare any reports or tallies that are required by OGS and forward such reports and tallies promptly to OGS. Quantities and varieties of food can change without notice. If quantities of food rise beyond current estimates, the Contractor’s facility/facilities will be capable to store and handle all foods allocated to it. The State of New York bears no responsibility to the Contractor if quantities drop below current estimates as indicated on the Bid Proposal Form. F. The Contractor agrees to physically segregate all USDA Foods. The Contractor must track all cases received by the pack date or best if used by date. These lots/products must be rotated on a first-in, first- out basis except in cases where the packaging date of the incoming shipment precedes that of earlier shipments. In such instances, the packaging date will determine order of distribution. G. If a truck arrives at the facility/facilities and the arriving load was pre-scheduled with the Contractor by OGS, and the unloading of the trailer is delayed for an unreasonable amount of time causing the trucker to incur any additional costs, payment of said costs will be the sole responsibility of the Contractor. H. The Contractor agrees to receipt for each load in the USDA web-based system within two calendar days of receiving the load. 1. Food Distribution is working with a vendor to develop a web-based USDA Food Distribution Inventory Management System. Upon implementation of the new system, vendor must use the system to manage the inventory and distribution of food to schools. I. The Contractor agrees to immediately notify OGS of any shortages, overages or damages on a delivery. J. If the Contractor has separate facilities for dry storage and chilled/frozen storage, the initial drop must be to the cold/frozen storage facility as only one drop location is allowed. The dry commodities must then be transported to the dry storage facility in a timely manner and may not be keep at the cold/frozen storage facility for any length of time. The dry commodities will be delivered to the other facility at no additional cost. K. At all times, the vendor is responsible to: 1. maintain the food at proper temperature and humidity, with adequate air circulation; and IFB# 2657 – Warehousing and Distribution Region D – Broome, Chemung, Chenango, Cortland, Delaware, Otsego, Schuyler, Tioga, Tompkins Page 8 of 32 2. maintain storage, management, and transportation of donated foods in a manner that properly safeguards them against theft, spoilage, damage or other loss. L. The Contractor shall store such commodities in dry, chilled, or frozen storage environments in accordance with the nature of the product, accepted practice and any instructions forwarded to the Contractor by NYS OGS with each advice of shipment (Bill of Lading). Storage environments should be maintained at the following temperatures: 1. Dry - between 50° F and 70° F 2. Cooler - between 32° F and 40° F 3. Freezer - 0° F. NOTE: Daily freezer / refrigerator logs must be maintained to ensure product safety. Those commodities requiring refrigeration or frozen storage will be kept under protection of mechanical refrigeration. Quantities and varieties of food can change without notice. M. The minimum square footage requirements are listed below: 1. 5,000 square feet of dry storage 2. 1,000 square feet of chilled storage 3. 5,000 square feet of frozen storage N. The minimum square footage requirements (above) are based in part on the estimated annual per case volume of each of the storage environments listed below: 1. Dry - 17,000 cases 2. Chilled - 4,000 cases 3. Frozen - 30,000 cases O. The Contractor shall deliver the commodities for OGS to designated recipient agencies. Each agency must sign for all commodities received. All cases will be allocated to a recipient agency, and thus all contents of each incoming truckload will be accounted for. The Contractor will be responsible for downloading the agency allocation breakdown for each incoming USDA load, utilizing a USDA web-based system. Refer to Attachment 2 for a list of current recipient agencies in Region D. Please note that the list is subject to change during the term of the contract. Also, each recipient agency can have multiple delivery locations. P. The Contractor must have an active high-speed Internet connection in order to utilize the USDA web-based system for reviewing and receipt of USDA Foods. Q. The Contractor must provide all recipient agencies with a weekly electronic report of USDA Foods that are allocated to each agency and are therefore available to order. In addition, the Contractor must also provide OGS Food Distribution with a weekly electronic master list, which is to include the information for every agency. R. The Contractor must generate delivery paperwork for recipient agency signature. A copy of signed paperwork is to be maintained by contractor and recipient agency. IFB# 2657 – Warehousing and Distribution Region D – Broome, Chemung, Chenango, Cortland, Delaware, Otsego, Schuyler, Tioga, Tompkins Page 9 of 32 2.2 Care of Commodities A. The Contractor must exercise the highest degree of diligence to prevent loss or damage of such commodities due to fire, theft, infestation, or deterioration, or any other cause during the time when said commodities are stored in its facility or subject to the control of the Contractor. B. Any loss of USDA Food must immediately be reported to NYS OGS Food Distribution. The Contractor may replace these items with an equal quality product to the recipient agency. Any replacement must be 100% domestic origin, no international substitutions will be allowed. Overages and shortages between physical inventory and book inventory shall be reconciled by the total value of such commodities. Reconciliation shall take place at the annual physical inventory with the Contractor providing any documentation of replacement items to assist in the offset process. Any overages continue to be the property of NYS OGS. C. The Contractor shall obtain and provide copies to NYS OGS of all necessary licenses and permits. Additionally, Contractor shall maintain good care of warehouse premises, fixtures and appurtenances. The Contractor must comply with all laws, rules, orders, ordinances and regulations, which are applicable to the premises, of the borough, city, county, municipality, bureau or official board thereof (i.e.: Board of Fire Underwriters) having jurisdiction. D. The Contractor must have, or agree to install and maintain, a heat or smoke activated fire alarm system with central station monitoring or a working sprinkler system. E. The Contractor must have, or agree to install and maintain, accurate continuous recording temperature devices with attached charts. These charts are to be kept on file during the term of this contract and for six years following the end of the contract. Charts shall be available to NYS OGS for inspection at any time. F. The Contractor shall keep the premises clean and protected from infestation at all times and maintain a passing score from NYS Department of Agriculture and Markets. Approved rodent bait traps must be installed and maintained and a chart of their location noting maintenance dates kept for visual inspection by NYS OGS. It is recommended that Integrated Pest Management (IPM) methods be utilized. Food products must be stacked no closer than 12" from any wall or partition and 6" from the floor. G. The Contractor shall not leave any damaged product exposed in rooms where good product is stored. Floors must be swept and kept free of dust and debris. Cartons and bags must be free from dust or dirt. H. The Contractor must have a current and active ‘food safety’ plan in place. USDA Foods may not be stored with chemicals or other products which may be harmful to the quality or safety of the Food or Commodities. I. Contractor’s facility/facilities must have proper sanitation, construction, inventory control procedures and security. At any time NYS OGS can perform an on-site inspection to verify these requirements are met, subsequent to the contract award. 2.3 Damages A. The Contractor shall examine each shipment for possible shortage or damage and shall immediately notify NYS OGS of any shortage or damage. In the case of shipments containing damaged or poor condition commodities not exceeding 50% of total load capacity, the Contractor shall immediately notify NYS OGS, by telephone, of gross damage, and shall proceed to take necessary steps to salvage such damaged commodities and shall, not more than five days thereafter, notify NYS OGS of net damages. In the case of shipments containing damaged or poor condition commodities exceeding 50% of total load capacity, the Contractor shall immediately notify NYS OGS, by telephone, of the condition of such shipment but shall not unload or otherwise handle the same until instructions are received from NYS OGS. Commodities found IFB# 2657 – Warehousing and Distribution Region D – Broome, Chemung, Chenango, Cortland, Delaware, Otsego, Schuyler, Tioga, Tompkins Page 10 of 32 unfit for human consumption shall be disposed of in accordance with specific instructions to be given in each case by NYS OGS. Contractor shall be responsible for the disposal of any defective product(s) by order of NYS OGS Division of Food Distribution as instructed. B. It is understood and agreed that any cost incurred by the Contractor in connection with the disposition or salvage of damaged commodities shall be reimbursed by the delivering carrier or such other party as may be found to be responsible for the damage. 2.4 Deliveries A. Contractor vehicles used for commodity distribution must be either: 1. Vans and/or trucks for delivery of dry items 2. Dual compartment trucks for combined deliveries of dry items and refrigerated/frozen items; or 3. Single compartment refrigerated trucks (0o degrees Fahrenheit) for separate or integrated deliveries of dry items and refrigerated/frozen items. B. The number of vehicles required will depend on the size and functionality of the trucks used for distribution. C. 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., unless special arrangements are made between the recipient and the Contractor. A single delivery can be to multiple buildings within a school district. If a district has three buildings, then they can request two deliveries to each location twice per month. A breakdown of all current locations is attached as Attachment 2 but may be modified during the contract period. Recipient agencies are required to provide a list of observed holidays and other closings to the Contractor. Contractors will deliver on the same day of each scheduled week, unless there is an emergency at which time the Contractor shall notify each recipient agency affected by the emergency and reschedule the delivery. Contractors are not allowed to charge for unscheduled deliveries which the recipient agency is unable to accept. An alternate delivery schedule can be used, if written consent exists between both the Contractor and the recipient agency. Please note that if multiple drops are made within the same school campus, this will be considered to be one drop for the purposes of billing. D. No “case minimum delivery order” shall be applied to this contract. E. The Contractor must review, verify and enter all incoming loads on USDA’s web-based system. Should the Contractor, for any reason, be unable to store any or all of a commodity scheduled for delivery, Contractor shall notify OGS as soon as a potential problem is known to exist. F. It is agreed by the Contractor that upon receiving a load of USDA Food, the Contractor will promptly store such commodities in its warehouse and will electronically receive each shipment utilizing the USDA web-based system within two calendar days of receiving the load. Any discrepancies in amounts of commodities received and amounts shown on notices of shipment must be noted in the USDA web-based system. G. The Contractor will be responsible for any charges for detention/demurrage or other charges which may accrue after a truck has been placed for unloading by order of OGS. If the Contractor omits an item(s) in error, the item(s) can be included in the school’s next scheduled delivery, but only if the school agrees. If the school does not agree to wait for their next scheduled delivery, the Contractor has three working days to deliver the omitted item(s), at no additional charge. IFB# 2657 – Warehousing and Distribution Region D – Broome, Chemung, Chenango, Cortland, Delaware, Otsego, Schuyler, Tioga, Tompkins Page 11 of 32 H. Drivers and/or helpers shall deliver merchandise to designated staging areas at each delivery site. Drivers and/or helpers shall not be required to place merchandise in holding rooms, cabinets, coolers, or freezers. Drivers and/or helpers shall request the authorized school receiver, or the designated representative to verify the accuracy of items, quantities of each item, total quantities, and condition of merchandise. Each delivery ticket/slip must be signed and accepted by a designated school receiver and one copy left at the school. The designated school receiver shall note shortages, damages, etc. on each ticket/slip. The recipient agency must provide signed withdrawal orders for any commodities received. I. Contractors may deliver donated foods in straight loads containing only donated foods or in mixed loads with other commercially purchased items, as long as the other terms of this contract are satisfied. J. USDA Foods may not be delivered with chemicals or other products which may be harmful to the quality or safety of the Food. 2.5 Commodity Holds and Recalls Periodically, the USDA may announce that a particular commodity must be placed on “Hold”. In more serious situations, the USDA may actually “Recall” the product. If a commodity “Recall” occurs, OGS retains the authority to contact the Contractor and direct that a particular commodity be disposed of. It is expressly understood that the disposal process may in many cases cause the Contractor to incur charges. In these cases, OGS will work on behalf of the Contractor to seek full reimbursement of said charges from the USDA. Although OGS would react timely on behalf of the Contractor, it could be several months before the Contractor will receive their reimbursement. In addition, OGS can only seek a reimbursement when the Contractor can provide documented proof that disposal charges were incurred. 2.6 Emergency Services 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. For example, an emergency call from OGS may be executed during a State of Emergency where locally stored USDA Foods are required in emergency situations (i.e., Hurricane Sandy). 2.7 Staffing Expectations The Office of General Services expects that all services will be conducted diligently and effectively under the oversight of OGS staff. Further, it is expected that: 1. All Contractor’s staff shall conduct themselves in a professional manner with OGS staff and with the general public. 2. All Contractor’s staff shall comply with all rules and requirements of this contract, including the drug and alcohol policies (Refer to Section 5.6 – General Requirements). 2.8 Administrative and Reporting Requirements The Contractor will be responsible for the completion of a variety of administrative and reporting requirements, at no additional cost to OGS. The Contactor shall provide OGS with a monthly inventory taken from the warehouse records. Such reports shall be submitted within five days after the close of business for that month to OGSDonatedFoods@ogs.ny.gov . A physical inventory shall be taken annually, or at any such time as determined by OGS. Contractor shall provide reasonable access to the commodities when physical inventories are conducted at no extra charge to OGS. mailto:OGSDonatedFoods@ogs.ny.gov IFB# 2657 – Warehousing and Distribution Region D – Broome, Chemung, Chenango, Cortland, Delaware, Otsego, Schuyler, Tioga, Tompkins Page 12 of 32 The Contractor shall maintain accurate records and accounts of all services rendered under this contract. Reports must provide the following information: 1. Provide all recipient agencies with a weekly electronic report of USDA Foods that are allocated to each agency and are therefore available for delivery. In addition, the Contractor must also provide OGS with a weekly electronic master list, which is to include the information for every agency. 2. USDA Sales Orders carried over or received for the monthly reporting period: a. USDA sales order and item number; b. USDA material number; c. USDA material description; d. Beginning inventory; e. Total received; f. Total distributed; g. Adjustments; h. Ending Inventory. 3. List the distribution of Sales Orders to Recipients; 4. List the deliveries to Recipients by: a. Recipient; b. Delivered by stop / location. During the term of this contract, the Contractor shall maintain a designated officer or employee as its representative for contact with the State and for all communication and transactions relating to this contract. The Commissioner’s designated representative for all purposes of this contract shall be the Director of the Division of Food Distribution for the Office of General Services. 2.9 OSHA (Occupational Safety & Health Administration) Training Requirements 2.9.1 OGS Facility Manager’s Obligations Prior to beginning contract work/work assignment, the OGS Facility Manager or Designee shall inform or make available the Contractor/Contractor’s representative(s) of the known specific hazard(s) and chemical(s) they may encounter while performing their contract obligations. For example; testing of materials may be performed or previous reports may be available to inform on the location of Asbestos Containing Materials, lead or other environmental concerns if present, and any site-specific work practices that may be necessary to conduct work safely and in compliance with federal or state standards and OGS procedures such as those involving Lockout/Tagout and electrical procedures. The Contractor/Contractor’s Representative(s) shall also be provided with information about the use and provisions for Personal Protective Equipment required for the work. Contractor/Contractor’s Representative shall provide a signed acknowledgement to the OGS Facility Manager or OGS Designee that they were provided with this information. 2.9.2 Contractor / Contract Employee Obligations A. General Contract Obligations: IFB# 2657 – Warehousing and Distribution Region D – Broome, Chemung, Chenango, Cortland, Delaware, Otsego, Schuyler, Tioga, Tompkins Page 13 of 32 Prior to or upon first reporting to the work location for assignment, the Contractor/Contractor employee(s) and employees of Sub-Contractors must present to the OGS Facility Manager or OGS Designee proof of completion of the OSHA required training for the following, topic areas including but not limited to: 1. Hazard Communication, 2. Personal Protective Equipment. For environmental health and safety emergencies, an emergency contact must be provided for the facility manager or designee to contact prior to any work commencing. Any changes to this contact, including name and or contact information must be communicated to the OGS Designee immediately. B. Specific Field-of-Work Requirements: In circumstances where specific OSHA or NYS Department of Labor regulated work is required, the Contractor/Contract Employee(s) shall have all pertinent and up-to-date certifications beyond the “awareness” level as required by regulations for the specific work. Onsite employee will be trained to do the work, supervised by higher knowledge/training, It is the Contractor’s responsibility to provide the OGS Facility Manager or OGS Designee with all employee updates and/or renewals for the above general contract obligations and specific field of work requirements specified training. The Contractor must coordinate with OGS to be informed of the site’s Emergency Action Plan. Note: Contractor’s/Contractor’s Employee(s) and employees of Sub-Contractors failure to provide such documentation to the OGS Facility Manager or OGS Designee upon or prior to employee reporting to their initial work assignment may result in OGS rejecting the employee(s) until that documentation is provided. 2.10 Right to Know In accordance with the New York State Toxic Substance Act (Right-to-Know Law) and the United States Occupational Safety and Health Administration’s Hazard Communication Standard, the Office of General Services has established and implemented a Right-to-Know/Hazard Communication Program. It is the policy of OGS to provide information and training to advise employees of potentially hazardous substances known to be in the work place. Part of this information is a collection of Material Safety Data Sheets for all chemicals used at State Office Buildings by contract vendors. Before any chemical product is used on or in any building, a copy of the product label and Material Safety Data Sheet must be provided to and approved by the Facility Manager before the chemical is applied. 2.11 Warranties Contractor warrants that the services acquired under this Contract will be provided in a professional and workmanlike manner in accordance with industry standards. All materials and workmanship provided under this contract shall be warranted for a minimum of one year. Where Contractor, Product manufacturer or service provider generally offers additional or more advantageous warranties, such additional or more advantageous warranty shall apply. All warranties contained in this Contract shall survive the termination of this Contract. 2.12 Contractors Compensatory Liability In the event that the Contractor fails to complete any of the specified services within the timeframe required, OGS reserves the right to have such work completed either by another Contractor or with In- House staff. In any such event, the Contractor shall be liable to reimburse OGS for all costs incurred to IFB# 2657 – Warehousing and Distribution Region D – Broome, Chemung, Chenango, Cortland, Delaware, Otsego, Schuyler, Tioga, Tompkins Page 14 of 32 complete the work. OGS further reserves the right to collect such reimbursement from any outstanding payments due to the Contractor.