REQUEST FOR PROPOSAL. GROUP NUMBER: Medical Waste Removal and Disposal PROPOSAL DUE:

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1 STATE OF NEW YORK EXECUTIVE DEPARTMENT - OFFICE OF GENERAL SERVICES PROCUREMENT SERVICES GROUP Corning Tower - 38th Floor Empire State Plaza Albany, New York REQUEST FOR PROPOSAL REQUEST FOR PROPOSAL NUMBER: GROUP NUMBER: Medical Waste Removal and 3768 Disposal PROPOSAL DUE: CONTRACT PERIOD: DATE: January 21, years - May 1, April 30, 2004 TIME: 11:00 AM ADDRESS TECHNICAL INQUIRIES TO: SPECIFICATION REFERENCE: Barbara Dougall As Incorporated Herein TELEPHONE NO: (518) WARNING: Bidders not receiving this document directly from The Office of General Services are advised to contact The Office of General Services, Procurement Services, Customer Services Unit at to ensure that you receive subsequent amendments/changes. The bid must be fully and properly executed by an authorized person. By signing you certify your express authority to sign on behalf of yourself, your company, or other entity and full knowledge and acceptance of this INVITATION FOR BIDS, Appendix A (Standard Clauses For New York State Contracts), and Appendix B (OGS General Specifications) and Executive Order 127, and that all information provided is complete, true and accurate. Bidders are requested to retain Appendix A and Appendix B for future reference. Information on Executive Order 127 maybe accessed at: NOTICE TO VENDORS THE PROCUREMENT SERVICES GROUP WILL NOT READ PRICING AT THE BID OPENING. When submitting a proposal you must: 1. Complete your proposal as directed herein. Use of pencil is not permitted. 2. By signing the attached signature page you indicate your express authority to sign on behalf of yourself, or your company or other entity and full knowledge and acceptance of the terms and conditions set forth herein. The proposal must be fully and properly executed by an authorized person. 3. In the event a vendor is successful and a contract award is made as a result of this solicitation, then the term Bidder shall thereafter be deemed to refer to Contractor for purposes of such contract. 4. Mail 2 original signed and notarized proposals promptly in order for them to be received before the time the proposal is due. Late proposals will be rejected. IF YOU ARE NOT SUBMITTING A PROPOSAL, you should: a. Complete and tear off the front sheet of this Request for Proposal. b. Place the front sheet only in an envelope, and return to the Office of General Services. c. It is also requested that you indicate your reason for not submitting. 1. We do not provide the requested service/technology/commodity. Please remove our firm from your mailing list. 2. We are unable to bid at this time because 3. Please retain our firm on this list. FAILURE TO RESPOND TO THIS REQUEST FOR PROPOSAL MAY RESULT IN YOUR FIRM BEING REMOVED FROM OUR MAILING LIST FOR THIS SERVICE/TECHNOLOGY/COMMODITY. A NO BID IS CONSIDERED A RESPONSE. Name of Firm: FED ID. NO. Address: Telephone: Date: Signature: Title: FAX:

2 SERVICE CONTRACT SPECIFICATION Medical Waste Removal & Disposal Statewide December 7, 1998 Prepared by: NYS Office of General Services Procurement Services Group

3 Group NEW YORK STATE OFFICE OF GENERAL SERVICES Page 3 TABLE OF CONTENTS PAGE NO. SECTION I. INTRODUCTION... 6 I.1 Scope... 6 I.2 Background... 6 I.2.1 Estimated Quantities... 7 I.3 Objectives... 7 I.4 Inquiries/Issuing Office...7 I.5 Key Events/Dates... 8 I.6 Definitions... 8 I.7 Qualifications of Prospective Bidders... 9 SECTION II TECHNICAL REQUIREMENTS...14 II.1 Examination of Existing Building and Contract Documents II.2 General Requirements II.3 Right to Know SECTION III SPECIAL TERMS AND CONDITIONS III.1 Term of Contract III.2 Cancellation for Convenience III.2.1 Suspension of Contract Services III.3 Administrative and Reporting Requirements III.4 Standard Clauses for All NYS Contracts...18 III.5 Appendices III.6 Inconsistencies III.7 Price Stability III.8 Price Escalation III.9 Executive Order Number

4 Group NEW YORK STATE OFFICE OF GENERAL SERVICES Page 4 SECTION IV PAGE NO. USE OF CONTRACT BY STATE AGENCIES, POLITICAL SUBDIVISIONS, AND OTHER...20 AUTHORIZED USERS IV.1 General Descriptions of Contracts...20 IV.2 Use of Contracts by Others...20 IV.3 Procurement Instructions...21 IV.4 Method of Payment...21 IV.5 Procurement Card Purchases...22 SECTION V ADMINISTRATIVE V.1 Proposals...23 V.2 Submission of Sealed Proposals...23 V.3 New York State Procurement Rights...23 V.4 Notification of Award...24 V.4.1 Bidder Debriefing...24 V.5 Proposal Security...24 V.6 Price Sheets/Bid Form...24 V.7 Contract...24 V.8 Purchase Orders...24 SECTION VI. PROPOSAL FORMAT AND CONTENT VI.1 General Proposal Appearance VI.1.1 Binding of the Proposals VI.1.2 Table of Contents VI.1.3 Index Tabs VI.1.4 Page Numbering VI.2 Copies of Proposals VI.3 Proposal Content VI.4 Cost Proposal Content SECTION VII. PROPOSAL EVALUATION CRITERIA VII.1 General...28 VII.2 Technical Submittal...28 VII.3 Cost Evaluation of Bid for this RFP...29 VII.4 Cost Evaluation of Bid for the Agency Project Definition...29 VII.5 Programmatic...29 CONTRACTOR S BID SUBMITTAL CHECKLIST... 30

5 Group NEW YORK STATE OFFICE OF GENERAL SERVICES Page 5 PAGE NO. ATTACHMENT NO List of Regions - Statewide ATTACHMENT NO Sample Project Definition ATTACHMENT NO Usage Report APPENDICES Contract Insurance Requirements Bid Proposal Form Bid Pages Agency Certification Corporate Acknowledgment MacBride Fir Employment Principles/ Non-Collusive Bidding Certification Vendor Responsibility ATTACHMENT NO Appendix A - Appendix B - Prevailing Wage Rates

6 Group NEW YORK STATE OFFICE OF GENERAL SERVICES Page 6 SECTION I. INTRODUCTION I.1 SCOPE This documentation is a Request for Proposal (RFP) to obtain qualified Vendors to remove and dispose of Medical Waste. The issuing agency for this RFP is the Office of General Services (OGS). The services will be primarily for, but not limited to, New York State Agencies. Additionally, upon approval by the Commissioner of OGS, local governments may utilize services and others authorized by law to participate. Accordingly, references to the State and its agencies as users under this bid and specification and the ensuing contracts encompasses and includes other users such as these entities. The intent of this specification is to request proposals from Vendors and qualify Vendors in the performance of Medical Waste Removal & Disposal in various regions across the State. A list of the regions is attached as ATTACHMENT NO. 1. Once the bid is evaluated, contracts will be awarded to all Vendors who are qualified. At a later date, only those Vendors who hold a contract from this RFP will be allowed to bid specific projects or facilities (project definition). A sample project definition is attached to this document at ATTACHMENT NO. 2 for informational purposes only. Under the Continuous Recruitment of Vendors concept (once the initial bidding process is completed and the initial contracts are awarded) a vendor who requests to be placed on the prequalified bid list will be provided with an RFP and allowed to submit a proposal. This proposal will be evaluated under the same terms and conditions as the original proposals. If the Vendor s proposal is accepted, a contract will be awarded and they will be placed on the list of qualified vendors for the remaining term of the initial agreement. Once a Vendor is placed on the qualified vendor list they must remain there under the terms of their initial proposal and will not be allowed to submit a new proposal under the Continuous Recruitment of Vendors provision. I.2 BACKGROUND It is the intent for this contract to be an improvement on the existing Office of General Services Procurement Services Group Statewide Medical Waste Removal/Disposal which is scheduled to expire April 30, Once the bid evaluation process and necessary approval by the Attorney General s Office and the Office of State Comptroller have been completed for this new contract, the cancellation clause of the existing contract will be invoked with a sixty- (60) day notice to the existing contractors. At that time, use of this new contract will begin and will continue to the April 30, 2004 expiration date.

7 Group NEW YORK STATE OFFICE OF GENERAL SERVICES Page 7 I.2.1 ESTIMATED QUANTITIES During the three years of this contract, there has been about $115, in activity. It is anticipated the new contract should see a significant increase through a heightened awareness of its existence. It should be noted that the availability of this contract to Political Subdivisions, and others authorized by law, as indicated in the USE OF CONTRACTS BY OTHERS clause, might cause the estimated quantities to vary considerably. However, the contractor must furnish all services actually contracted for. I.3 OBJECTIVES The contract resulting from this Request for Proposal will offer the option of Medical Waste Removal & Disposal contractual services on a regional basis, with defined terms and conditions, pickup intervals and prices. There are several objectives that the State desires to accomplish in the bidding of the project. Some of these are: 1. Streamline the bidding process required for each project definition bid by user agencies resulting in savings in administrative time and effort. 2. Ensure that only qualified firms perform the work with consistent performance standards applied throughout the State. 3. Achieve savings through the combined purchasing of multiple State Agency utilization of the RFP. I.4 INQUIRIES/ISSUING OFFICE All inquiries concerning this specification will be addressed to the following PSG Associate and issuing office: Barbara Dougall NYS Office of General Services Procurement Services Group Corning Tower - 37 th Floor Empire State Plaza Albany, New York Phone No.: (518) FAX No. (518) All questions should be submitted in writing, citing the particular proposal section and paragraph number. Prospective Bidders should note that all clarifications and exceptions including those relating to the terms and conditions of the contract are to be resolved prior to the submission of a proposal. Answers to all questions of a substantive nature will be given to all Prospective Bidders in the form of a formal addendum, which will be annexed to and become part of the ensuing contract. I.5 KEY EVENTS/DATES Event Date Time

8 Group NEW YORK STATE OFFICE OF GENERAL SERVICES Page 8 RFP Release 12/07/98 Closing Date for Inquiries 01/08/99 Submission of Proposal/Bid 01/21/99 11:00AM Bid Evaluation and Selection 02/26/99 Contract Award 04/02/99 Contract Start Date 05/01/99 I.6 DEFINITIONS: 1. User Agency shall mean any department, agency, board, commission, office or institution of the State of New York, and if specifically authorized by the Commissioner of General Services in writing to utilize this RFP, the term User Agency shall also include public authorities, local governments and not-for-profit organizations of the State of New York 2. Agency Project Definition or Description shall mean a specific need for infectious medical waste removal & disposal which is detailed in writing by an Agency and used to solicit bids from successful bidders under this RFP and possibly as a basis of a contract formed hereunder. Only those Vendors who submit a successful proposal and are awarded a contract from this RFP will be eligible to bid the individual project definitions. All terms and conditions of this RFP will apply to the project definition unless otherwise state in the project definition itself. 3. Agency Representative shall mean the authorized representative of an Agency, which is identified as such, Agency representative in an Agency Project Definition and/or in the contract entered into under this RFP in relation to such Agency Project Definition, or his or her designee. 4. Request for Proposal shall refer to this bid and the resultant submission of a Vendor s bid for performance and later, the awarded contracts. 5. Mini-bid refers to the bidding of each project definition since it is a smaller, simpler form of bidding and does not need to duplicate this RFP.

9 Group NEW YORK STATE OFFICE OF GENERAL SERVICES Page 9 I.7 QUALIFICATIONS OF PROSPECTIVE BIDDERS Vendors will provide at time of bid opening, satisfactory evidence that they have had previous experience and posses an adequate plant, financial resources and organization as well as all permits and licenses as hereinafter specified to perform the type, magnitude and quality of services specified. The Commissioner of the Office of General Services or his representative shall have the right to reject the proposals of any vendor who is unable to satisfy him as to the above qualifications. The importance of the pick-up and disposal/recycling of medical waste in a safe and satisfactory manner, demands that the vendor, prove to the satisfaction of the commissioner of the Office of General Services or his representative that his/her firm has been engaged in the services of recycling and/or disposal of materials similar to those covered by this contract for at least the past three (3) years. The vendor shall meet the following additional qualifications: A. Provide the names of employees in the area responsible for this contract, their function in the company, title, and number of years services with the vendor s firm. B. List the location of the facility that will serve this contract. C. Vendors will show that they have available under their direct employment and supervision, the necessary organization and facilities to properly fulfill all the services conditions required under this contract. Bidder shall submit with bid a notarized statement attesting to the following: 1. Name, address, telephone number, Federal ID number, EPA ID number and NYS Department of Environmental Conservation ID number. 2. Vendors will provide at time of bid opening a detailed description of the processes and facilities that will be used for recycling and/or disposal of any and all components of Medical Waste to be picked-up under this contract. 3. Vendors will provide at time of bid opening a detailed step-by-step procedure indicating how the work is to be accomplished. This procedure shall also include information for off-site work, such as: a. How the materials are to be transported. b. Name and address of the company transporting the materials, if different from the vendor s company. c. A notarized statement attesting to the qualifications of the company transporting the material, (if different from vendor s company) including information required under items (1) through (6) of this part of the specification. d. Location of disposal sites and incineration facilities. e. Method of disposal

10 Group NEW YORK STATE OFFICE OF GENERAL SERVICES Page 10 f. Names, addresses, telephone numbers, Federal ID numbers and EPA ID numbers of all disposal sites and incineration facilities including information required under terms (4) through (6) of this part of the specification. 4. Vendors will provide at time of bid opening a copy of vendor s (and if applicable) sub-vendor s emergency prevention and/or response plans in place at all processing facilities to be used e. g. Spill Prevention Control and Countermeasure (SPCC) Plan, and Hazardous Waste Contingency Plan. 5. Vendors will provide at time of bid opening a copy of transporter s over-the-road emergency prevention and/or response plans maintained on its vehicles e. g. Spill Prevention Control and Countermeasure (SPCC) Plan, and Hazardous Waste Contingency Plan. 6. Vendors will provide at time of bid opening a list of all emergency response subvendors used to respond to potential over-the-road and on-site Medical Waste spills with description of firms geographical area of responsibility, and an estimate of its response time. D. Vendors will provide at time of bid opening copies of all Federal, State and Local licenses and permits and letters of approval issued by Government Agencies for handling, transporting, recycling and disposing of medical waste and herein specified. These permits, licenses and approvals shall include, but are not limited to the following: 1. New York State Department of Environmental Conservation (DEC) Waste Transporter Permit pursuant to Part 364 title 6 NYCRR. 2. EPA approval to operate as a commercial storer of Medical Waste, per 40 CFR Federal and New York State Department of Transportation Regulated Infectious Medical Waste Transporter Permits as required. 4. If applicable, NYC Department of Consumer Affairs (DCA) Commercial Refuse Removal License (Class 7). 5. Copy of Incineration Facility s EPA Toxic Substance Control Act (TSCA) permit to incinerate medical waste pursuant to 40 CFR Part Any and all Federal, State and local permits, licenses, and approvals required for the following activities, as applicable to Vendor s (and if applicable, subvendor s) operations: - air emissions - discharges to surface or ground water or a Publicly-Owned Treatment Works (POTW)

11 Group NEW YORK STATE OFFICE OF GENERAL SERVICES Page 11 - treatment, storage, disposal, or recycling Regulated Infectious Medical Waste 7. Copy of EPA s Letter of Approval and authorization of bidder s Alternative Disposal Technology in accordance with 40 CFR (e). For purposes of recycling Medical Waste, proof of EPA approval of recycling methods and processes is mandatory. E. If at any time during the term of contract the vendor s permits, licenses and letters of approvals issued by Government Agencies to perform the necessary services as described herein expire, are canceled, modified, or suspended, the bidder is responsible for immediately notifying the State of New York. In addition, vendors will provide to the State any revised permits, licenses or regulatory documentation which states that the expired permits, and/or licenses are still in effect. F. Vendors will provide at time of bid opening a complete listing of any notices of existing violations or administrative complaints issued by any Federal, State or local agency for any and all of the sites and facilities described in their offer. Vendors shall also submit any such notices they may receive after they have submitted their offer and before the contract award. They must also submit copies of all violations received during the life of the contract. G. Vendors will provide at time of bid opening a complete listing of any environmental releases (including fires, spills, etc.) under the terms of item F above. H. Vendors will provide at time of bid opening a description of plan to dispose of any containers utilized for transporting medical waste. If vendor intends to sell the containers, vendor must provide name and address of company or individual to whom they will be sold. If vendor intends to dispose of the containers, vendor must provide name and address of the company disposing of the containers. I. On request, the successful vendor will promptly furnish proof of financial stability including bank references, payrolls and recent financial statements. J. The successful vendor(s) must provide the customer agency with cradle to grave documentation of medical waste from point of pickup to disposal. The vendor must comply with all requirements of the Medical Waste Tracking Act. K. The successful vendor(s) must comply with any and all Federal, State and Local regulations regarding removal, transportation and disposal of regulated Infectious Medical Waste. This includes, but is not limited to, all regulations of the New York State Department of Environmental Conservation (DEC), Federal and New York State Departments of Transportation (DOT), Environmental Protection Agency (EPA), Department of Health (DOH) and if applicable, New York City Department of Consumer Affairs (DCA). L. It is the responsibility of the prime vendor to insure that sub-vendors meet the approval of the Office of General Services. Sub-vendors must comply with all terms and

12 Group NEW YORK STATE OFFICE OF GENERAL SERVICES Page 12 conditions specified herein and must have insurance coverage applicable to the work performed as described herein. Any changes in sub-vendors, disposal sites and the Office of General Services must approve incineration facilities utilized by the vendor during the term of the contract, prior to the onset of any work to be performed. Request for approval must be made in writing and must be directed to NYS - OGS Procurement Services Group, 37 th floor, Corning Tower, Empire State Plaza, Albany, New York, M. Delivery of initial materials shall occur within 24 hours of contract effective date. Delivery of successive materials to occur on pick-up and removal days. N. Title of the medical waste and materials shall pass to the successful vendor upon the completion of loading materials and waste into the vehicle of said vendor and the execution of necessary shipping documentation. O. The successful vendor must supply at no additional charge, all labels, red bag liners, storage containers, and packing material required for Regulated Infectious Medical Waste collection, removal, and disposal. Sharps Containers and red bags will be purchased by the agency either from item 2 and 3 of this contract or elsewhere. P. The vendor shall provide a scale to weigh all the containers of waste as they are picked up. The number and weight of containers removed from the premises will be included on the multi-part waste manifest form and will be the basis for payment. The maintenance, repair and calibration of the scale shall be the responsibility of the vendor. The scale shall be calibrated at least every six- (6) months and a copy of the calibration report provided to the agency contact person. Q. All regulated infectious medical waste shall be collected and packaged by agency personnel in the approved appropriate containers. Prospective vendors are advised that the State s intent in having requirements A through Q above is to ensure that only qualified and reliable vendors perform the work of the contract. The State recognizes that there may be equally qualified and reliable vendors who do no meet all of the above requirements specifically as stated above, but may in fact meet the objectives and criteria intended in some other manner. However, the vendor shall have the burden of demonstrating to the State s satisfaction that it can in fact perform the work. This shall be in the form of written notarized statements as to the vendor s experience, references, listing of contracts performed, financial statements, manpower, or ability to respond to the State to evaluate the vendor s ability. All statements made must be able to be independently verifiable by the State. The State of New York retains the right to request any additional information pertaining to the vendor s ability, qualifications, and procedures used to accomplish all work under this contract as if deems necessary to ensure safe and satisfactory work. Note: Any vendor failing to submit in whole or in part the above notarized statement attesting to its qualifications, may result in a rejection of the bid of the vendor. EVIDENCE OF /ABILITY FINANCIAL SECURITY

13 Group NEW YORK STATE OFFICE OF GENERAL SERVICES Page 13 The vendor shall submit within fourteen (14) days of notification of being the low bidder satisfactory evident that he has had previous experience and possesses an adequate plant; financial resources and organization all as hereinafter specified, to perform the type, magnitude, and quality of work specified. The Commissioner shall have the right to reject bids of any vendor who is unable to satisfy him as to the above qualifications.

14 Group NEW YORK STATE OFFICE OF GENERAL SERVICES Page 14 SECTION II TECHNICAL REQUIREMENTS II.1 EXAMINATION OF EXISTING BUILDING AND CONTRACT DOCUMENTS Each contractor is under an affirmative duty to inform itself by personal examination of the specifications and location of the proposed work (at the time of the project definition) and by such other means as it may select, of the character, quality, and extent of the work to be performed and the conditions under which the contract is to be executed. Each contractor shall examine specifications and all other data or instruction pertaining to the work. No pleas of ignorance of conditions that may be encountered or of any other matter concerning the work to be performed in the execution of the work will be accepted by the Office of General Services as an excuse for any failure or omission on the part of the contractor to fulfill every detail of all the requirements of the documents governing the work. Contractor, if awarded contract, will not be allowed any extra compensation by reason of any matter or thing concerning which such contractor might have fully informed itself prior to bidding. Any contractor in doubt as to the true meaning of any part of the specification or the proposed contract documents shall submit to the Office of General Services, Procurement Services Group, 37th Floor, Corning Tower Building, Empire State Plaza, Albany, New York 12242, a written request for an interpretation thereof. If a major change is involved on which all contractors must be informed, such request for interpretation shall be delivered, in writing, by the date for the close of inquiries stated in section I.5. Any interpretation of the proposed documents will be made only by an addendum duly issued. A copy of such addendum will be mailed or delivered to each Contractor. Any addendum issued during the time of bidding shall be included in bids and in closing a contract will become a part thereof. Any verbal information obtained from or statements made by representatives of the Office of General Services at the time of examination of the documents or site shall not be construed as in any way amending Contract Documents. Only such corrections or addenda as are issued in writing to all contractors shall become a part of the contract. The Office of General Services will not be responsible for verbal instructions. II.2 General Requirements A) Service representatives are to check with the user agency representative seven (7) days prior to reporting to the building for permission to accomplish all work. B) The contractor shall be completely responsible for their work, including any damages or breakdowns caused by their failure to take appropriate action.

15 Group NEW YORK STATE OFFICE OF GENERAL SERVICES Page 15 C) The Contractor agrees to defend, indemnify, and hold harmless the State of New York against any and all losses damages, costs, and expenses which it may hereafter suffer or pay out by reason of any claims, actions, and rights of action in law or equity, valid or invalid, arising out of damage occurring to, suffered by any person or persons, caused in whole or in part, by the Contractor, any of its officers, employees, agents or representatives or any person, firm, or corporation directly or indirectly employed or engaged by the Contractor. D) The Contractor agrees that the resulting contract may not be assigned, transferred, conveyed, or the work subcontracted without the prior written consent of the Office of General Services. E) No drug use of any type, or alcoholic beverages by the Contractor or its personnel shall be permitted on the premises. F) It is the Contractor's responsibility to maintain the equipment and materials provided for the work consistent with applicable safety and health codes. G) The State will not be liable for any expense incurred by the Contractor as a consequence of any traffic infraction or parking violations attributable to employees of the Contractor. H) This is a full service contract. For the purposes of this contract full service shall mean that the Contractor's bid price includes, but is not necessarily limited to: all labor, material and equipment cost; all emergency work; all administrative, reporting or other requirements, all overhead costs and profit. It shall also include all travel costs, parking fees, and any other ancillary fees and costs including permits, licenses, insurance, etc. Details of service not explicitly stated in these specifications, but necessarily attendant thereto, are deemed to be understood by the Contractor and included herein. I) The Office of General Services' interpretation of specifications shall be final and binding upon the Contractor. J) The Office of General Services will make no allowance or concession to the Contractor for any alleged misunderstanding or deception because of quantity, quality, character, location, or other conditions. K) Should it appear that there is a real or apparent discrepancy between different sections of specifications concerning the nature, quality, or extent of work to be furnished, it shall be assumed that the Contractor has based the bid on the more expensive manner. Final decision will rest with the Office of General Services. L) INSPECTION - The quality of service shall be subject to inspection by the State of New York at any time. Should it be found that quality of services being performed is not satisfactory, and that the requirements of the specifications are not being met, the Office of General Services acting on behalf of the user agency or on its own behalf, may terminate the contract, and employ another Contractor to fulfill the requirements of the contract. The existing Contractor shall be liable to the State of New York for costs incurred on account thereof. M) STOP WORK ORDER - See Appendix B, clause no. 58a.

16 Group NEW YORK STATE OFFICE OF GENERAL SERVICES Page 16 N) The user agency representative reserves the right to reject and bar from the facility any employee hired by the Contractor. II.3 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 user agency representative before the chemical is applied.

17 Group NEW YORK STATE OFFICE OF GENERAL SERVICES Page 17 SECTION III SPECIAL TERMS AND CONDITIONS III.1 TERM OF CONTRACT The service contract will commence May 1, 1999 and will be in effect for five (5) years. Notwithstanding the termination of this contract pursuant to the above stated term, the terms and conditions hereof shall be effective and binding for all Agency Project Definition agreements entered into before the termination hereof, for a period not to exceed one year after such termination. The Contractor is to submit a bid that will be fixed for one (1) year only. On each anniversary date of the contract, the Contractor will be granted an increase or decrease in his/her bid once dependent upon fluctuations in the latest published copy of the Consumer Price Index for New York State and Northeastern New Jersey as published by the U S. Department of Labor, Bureau of Labor Statistics, Washington, D.C The index is also available through the Internet at the Bureau of Labor statistics web site at Click "data", then click "economy at a glance" and then scroll down to "Consumer Price Index. All Agency Project Definition agreements will be entered into at prices not exceeding those applicable for the then current year of the contract, and will then be adjusted on the anniversary date of the Agency Project Definition agreement in like manner as specified above. The contractor has the sole responsibility to submit invoices at the adjusted rate on the applicable anniversary date and shall provide a copy of the index and other supporting documentation necessary to support the increase or decrease to OGS or to the Agency, as appropriate. Should contractor fail to submit adjusted invoices and/or supporting documentation within three (3) months of the applicable anniversary date, contractor shall be deemed to have waived its right to any increase in price, but the State shall not be barred from making the appropriate adjustment in the case of a decrease determined in accordance with the above methodology. III.2 CANCELLATION FOR CONVENIENCE The State of New York retains the right to cancel this contract without reason provided that the Contractor is given at least sixty (60) days notice of its intent to cancel. This provision should not be understood as waiving the State's right to terminate the contract for cause or stop work immediately for unsatisfactory work, but is supplementary to that provision. Any such cancellation shall have no effect on existing Agency Project Definition agreements, which are subject to the same 60 day discretionary cancellation or cancellation for cause by the respective user Agencies. III.2.1 SUSPENSION OF CONTRACT SERVICES The Office of General Services, in its sole discretion, reserves the right to suspend any or all activities under this contract, at any time, in the best interests of the State. In the event of such suspension, the contractor will be given a formal written notice outlining the particulars of such suspension. Examples of the reason for such suspension include, but are not limited to, a budget freeze on State spending, declaration of emergency, or other such circumstances. Upon issuance of such suspension of work, the vendor is not to accept any purchase orders, as specified in the Suspension Order. Activity may resume at such time as the Office of General Services issues a formal written notice authorizing a resumption of work.

18 Group NEW YORK STATE OFFICE OF GENERAL SERVICES Page 18 III.3 ADMINISTRATIVE AND REPORTING REQUIREMENTS Reporting Requirements: Unless otherwise directed, the Contractor shall provide a monthly report, which shall be attached to the invoice. This report shall detail all work completed that month. The report shall include: schedule of when work is done i. e. date, time, etc.; specific information of what work was done. All forms shall be made in duplicate and given to the user agency representative. On a semi-annual basis, the Contractor shall also provide the Office of General Services a report of User Agency contract usage contained in ATTACHMENT NO. 3. III.4 STANDARD CLAUSES FOR ALL NYS CONTRACTS During the performance of the contract, the Contractor agrees to the terms outlined in Appendix A attached hereto and hereby incorporated by reference and made part hereto as fully as if it were set forth at length herein. The contractor is required to adhere to the clauses in Appendix A which include the recent additions of regulations regarding the use of tropical hardwoods, the Omnibus Procurement Act and the MACBRIDE Fair Employment Principles. III.5 APPENDICES The bidders attention is directed to the appendices document attached hereto and hereby incorporated by reference and made part hereto as fully as if it were set forth at length herein. They are a part of the contract and the bidder is responsible for adhering to all requirements of the appendices. III.6 INCONSISTENCIES See Appendix B, clause no. 5 "Conflict of Clauses". III.7 PRICE STABILITY If for any reason, during the term of the contract, the vendor reduces the pricing for similar services to a similarly situated entity, the State shall receive an equivalent reduction in pricing for the services or products delivered to the State. III.8 PRICE ESCALATION During the term of the contract, the contractor must maintain the discount(s) from list as quoted in the original bid for the group(s) outlined in the Method of Award except under the specific circumstances outlined below. In the event that the list price increases on a contract item, the State price may increase in accordance with the applicable discount from list.

19 Group NEW YORK STATE OFFICE OF GENERAL SERVICES Page 19 It is the intent of the State that the contractor s profit margin does not increase throughout the term of the contract (including any extension period). Acknowledging that the manufacturer may periodically revise the discounting structure to its resellers, it is the Procurement Services Group s further intent to provide for such occasions within the contract. If the manufacturer revises the discounting structure in such a way that the contractor cannot maintain the margin upon which his bid was based and comply with the contractual requirements to pass along price reductions and add all new product and services to the contract at the discounts bid; or the manufacturer creates a new group or category of products or service that did not exist at the time of the bid opening, the contractor shall when updating the contract under these circumstances provide such documentation as the State deems appropriate to insure that the contractor s profit margin remains the same as when the contract was first let. III.9 EXECUTIVE ORDER NUMBER 127 The State reserves the right to terminate this contract in the event it is found that the certification filed by the Contractor in accordance with New York State Executive Order Number 127, signed by Governor Pataki on June 16, 2003, was intentionally false or intentionally incomplete. Upon such finding, the State may Exercise its termination right by providing written notification to the Contractor in accordance with the written notification terms in the contract.

20 Group NEW YORK STATE OFFICE OF GENERAL SERVICES Page 20 SECTION IV USE OF CONTRACT BY STATE AGENCIES, POLITICAL SUBDIVISIONS AND OTHER AUTHORIZED USERS The intent of this section is to acquaint prospective contractors with the procedures and methods User Agencies will follow in order to utilize the service of this contract. IV.1 GENERAL DESCRIPTION OF CONTRACTS The OGS Procurement Services Group develops three (3) types of contracts for use by State agencies, political subdivisions, and other authorized users. They are designated by the prefixes PS, PT, or CMS. This is designated as a CMS contract as described below: CMS : is a contract for services where there is a generally fixed rate paid each month and the service is required on a continual basis. User Agencies encumber funds for the contract for the term desired. User Agencies may issue a purchase order or other written document to the contractor to utilize service. Examples include elevator maintenance, pest control, janitorial, and other types of preventive maintenance contracts. IV.2 USE OF CONTRACT BY OTHERS With the written authorization of the Commissioner of General Services, political subdivisions and others authorized by law may participate in contracts resulting from this bid opening. Upon request, all eligible non-state agencies must furnish contractors with the proper tax exemption certificates. Section 163(4)(e) of the Procurement Act of 1995 effective as of July 20, 1995 authorizes the use of centralized contracts for services (including technology) by political subdivisions as defined in section one hundred of the general municipal law or a district therein, and by any public authority or public benefit corporation including the Port Authority of New York and New Jersey. Contractors are encouraged to voluntarily extend service contracts to those additional entities authorized to utilize commodity contracts under Section 163(3)(iv) of the Procurement Act of 1995, which would comprise all entities authorized under prior laws. A technical amendment to the law is being considered to remedy this situation. Upon legislative approval of the technical amendment, contractors will be obligated to extend service contracts to these other entities.

21 Group NEW YORK STATE OFFICE OF GENERAL SERVICES Page 21 IV.3 PROCUREMENT INSTRUCTIONS A. Agencies will review the list of locations to determine what region is applicable for the facility requiring Medical Waste Removal & Disposal. B. Agencies will review the list of rates and services available in the applicable region from the Contract Award Notification. If a multiple award contract and unless otherwise specified, the user agencies are required to utilize the services of the lowest bidder first whenever possible by use of the mini-bid. Mini-bid shall refer to the bidding of each project definition since it is a smaller, simpler form of bidding and does not need to duplicate this RFP. C. Agencies will contact the contractors (usually by telephone), who have received an award within the applicable region, and arrange for a joint site visit (if required). Whether or not a site visit is required is up to the user agency. A user agency may decide to define any special requirements in a project definition in lieu of the site visit. D. Agency and contractor shall develop the exact cost or estimated cost if an exact cost cannot be determined at that time. E. Agency shall issue a purchase order or other written order for work depending on the type of contract (refer to section IV.1). Note: for services, purchase orders may be issued for an estimated quantity for the entire year. F. Agencies will issue purchase orders or other written orders, which are effective and binding on the contractor when, placed in the mail addressed to the contractor at the address shown on the signature page. IV.4 METHOD OF PAYMENT The weighting for the boxes shall be the responsibility of the Successful Bidder. However, agencies reserve the right to have an employee present during the weighing or to independently weigh to verify Successful Bidders weights. Contractors billing per pound charges must exclude or deduct the weight of the container. That is if the weight of the containers are included in the total weight at the time of pickup the bill must include a deduction of charges for the estimated weight of the container multiplied by the number of containers picked up. Invoices for payment shall be submitted to the user Agency at the end of each month on a New York State Standard Voucher or company invoice for services satisfactorily completed during that month. This voucher or invoice will contain the Contract ID number (i.e.: CMS00XX); the name of the User Agency; the location where service was performed; and, either in its body or as an attachment, will contain a copy of the report (in accordance with Section [III.4] itemizing work completed during that month. The invoices for New York State Agencies will be processed in accordance with established procedures of the New York State Agency for whom service is being performed and the Office of the State Comptroller. A late charge shall accrue on any payments not made by the State

22 Group NEW YORK STATE OFFICE OF GENERAL SERVICES Page 22 Comptroller when due, the amount thereof to be calculated pursuant to the provisions of Article 11- A of the New York State Finance Law. Payment of purchases made by authorized entities other than State Agencies under this agreement shall be the sole responsibility of such entities and the Contractor shall bill such entities directly on vouchers authorized by the said entities. In any case where a question of non-performance of a contract arises, payment may be withheld in whole or in part at the discretion of the User Agency. In the event a participating non-state Agency fails to make payment to the Contractor for services rendered and accepted, within 60 days of such delivery and acceptance, the Contractor may, upon 10 days advance written notice to both the Office of General Services and the non-state Agency representative, suspend additional delivery of service to the particular non-state Agency whose payment is late, until such time as reasonable arrangements have been made and assurances given by the said non-state Agency for current and future contract payments. The contract to be entered into as a result of this RFP may be financed through a separate agreement with a third party, and the contractor agrees and acknowledges if such third party financing is utilized, in whole or in part, by the State that its payments, in whole terms or in part, may be made by such third party subject to the terms of this contract and, at the direction of the State. Payments financed under this type of arrangement are not eligible for late payment interest supplements pursuant to Article XI-A of the State Finance Law. IV.5 PROCUREMENT CARD PURCHASES See Appendix B, clause no. 26 "Procurement Card".

23 Group NEW YORK STATE OFFICE OF GENERAL SERVICES Page 23 SECTION V ADMINISTRATIVE V.1 PROPOSALS All proposals will be received with the understanding that the acceptance in writing by OGS with the approval of the Attorney General and the Office of the State Comptroller will constitute a contract between the Bidder and the State. All proposals and accompanying documentation will become the property of the State of New York and will not be returned. The successful bidder s proposal and a copy of the specification will be made part of the contract. Therefore, an official authorized to commit the company to a contract must sign the proposal. FACSIMILE AND ELECTRONIC PROPOSALS OR BID RESPONSES WILL NOT BE ACCEPTED FOR THIS BID OPENING. Detailed information on content of proposals is found in Section II, TECHNICAL. The specific guidelines for the format (if applicable) are contained in Section VI, PROPOSAL CONTENT AND FORMAT. V.2 SUBMISSION OF SEALED PROPOSALS Complete proposals are to be packaged, sealed and submitted to: Procurement Services Group (PSG), NYS Office of General Services, Corning Tower, 38th fl, Empire State Plaza, Albany, NY, The date and time are shown in Section I.5. A list of the vendors that submitted proposals is available on request. See Appendix B, clause no. 9 "Bid Submission" and clause no. 12 "Late Bids". IMPORTANT NOTE: Security procedures for the Corning Tower require all visitors to sign in at a registration desk located on the Concourse level. Consequently, if you intend to hand deliver a bid to the Procurement Services Group, you must allow extra time to comply with the new security procedures. Bids not received within the Procurement Services Group, or the OGS Mailroom, by the time and date shown on the front page of the bid document will be considered late. V.3 NEW YORK STATE PROCUREMENT RIGHTS In addition to those rights stated in Appendix B, New York State reserves the right to: A. Adjust any bidder's expected costs based on a determination of the evaluation committee that the selection of the said bidder will incur additional costs by the State. B. Utilize any and all ideas submitted in the proposals received. C. Adopt all or any part of a bidder's proposal in selecting the optimum configuration. D. Negotiate with bidders responding to this RFP within the RFP requirements to serve the best interests of the State.

24 Group NEW YORK STATE OFFICE OF GENERAL SERVICES Page 24 E. Should the State of New York be unsuccessful in negotiating a contract with the selected contractor within 45 days, the State may begin contract negotiations with another bidding contractor in order to serve the best interest of the State of New York. F. Select and award the contract to other than the lowest bidder in the event of unsuccessful negotiations or, optionally, in other specified circumstances as detailed in the RFP requirements. G. DISPUTE RESOLUTION POLICY: It is the policy of the Office of General Services Procurement Services Group (PSG) to provide vendors with an opportunity to administratively resolve disputes, complaints or inquiries related to PSG bid solicitations or contract awards. PSG encourages vendors to seek resolution of disputes through consultation with PSG staff. All such matters will be accorded impartial and timely consideration. Interested parties may also file formal written disputes. A copy of PSG's Dispute Resolution Procedures for Vendors may be obtained by contacting the person shown on the front of this Invitation for Bids or through the OGS website ( Click on "For Government - Contracts and Purchasing," then "Seller Information," then " Dispute Resolution Procedures for Vendors." V.4 NOTIFICATION OF AWARD The successful bidder will be advised by PSG through a "Letter of Intent." A contract between the successful bidder and the State will be developed by PSG. Upon agreement by the contractor and PSG to the provisions of the contract, it will be submitted for mandatory approval to: Attorney General of the State of New York The Comptroller of the State of New York Public announcements or news releases pertaining to this contract will not be made without prior permission of PSG. V.4.1 BIDDER DEBRIEFING Letter will notify unsuccessful bidders. V.5 PROPOSAL SECURITY The content of each bidder's proposal will be held in strict confidence during the bid evaluation process, and no details of any proposal will be discussed outside the evaluation process. V.6 PRICE SHEETS/BID FORM The bidder shall enter on the price sheets in Appendix C, the bidder's name, in each region bid, the appropriate entry, as required, for each category. The bidder shall indicate "Not Applicable" or NA for items that do not apply and "No Charge" or NC for options which are standard with the baseline system. All price spaces shall be filled in accordingly. Bidders failing to furnish complete cost data will be considered non-responsive. Each bidder is to submit one set of unit pricing that applies at the time of purchase.