PROCUREMENT GUIDELINES

other salient information. Questions and answers must be provided to all potential bidders after the conference is conducted. Questions should remain “vendor neutral” – that is, the identity of the vendor asking the question should not be revealed in the presentation of either the question or the answer.

E. P rovid ing fo r S ite Vis its Site visits can be very beneficial for both potential bidders and agency staff. These can be deemed mandatory or optional. For example, a site visit may be useful in a procurement for janitorial services so potential bidders can know exactly what the equipment and/or facility looks like, whether there is access for vehicles, what the security procedures are, and other factors. Consideration may also be given to visiting the bidders’ sites to ensure that they have the necessary equipment and/or facilities to meet the contract requirements.

F. Dis cus s ion with the Offic e o f the S ta te Comp tro lle r Prior to issuing the IFB/RFP, consideration should be given to discussing complicated and/or sensitive solicitations or unique evaluation methodologies with the OSC Bureau of Contracts to ensure that the procurement is undertaken in an appropriate manner.

G. Us e o f FOB De s tina tion When buying goods, the recommended practice is to require that quotes or bids be based on “ Free on Board (FOB) Destination , ” meaning that there is no additional delivery charge and the title (ownership) does not transfer until the product reaches its destination. This requirement ensures that bids can be evaluated in an equal manner. Further, it ensures that the agency does not assume risk of loss until the product is delivered to the agency and any problems during transport are the vendor’s responsibility. By contrast, title to items purchased Free on Board (FOB) Origin (a/k/a “FOB Shipping Point”) transfers upon shipping and the agency is therefore responsible for any risk of loss or problems during transport.

H. Review o f Te rms and Cond itions P ropos ed by Vendo rs

Carefully read all terms and conditions that are proposed by the vendor to ensure that nothing conflicts with Appendix A. In addition, any terms proposed by the vendor such as limits of liability, indemnification, and warranties, or those that may be detrimental to the state, should be discussed with agency counsel. NOTE : Material terms of a contract awarded pursuant to a competitive bid cannot be negotiated.

New York State Procurement Guidelines 38