1. C004562 - IFB for SUNY Syracuse 2027 TELP $51M.pdf

Invitation for Lessor Bid C004562 September 16, 2026

Dormitory Authority of New York State TELP Lease – SUNY Syracuse 2027 Series XXVII

Date: September 16, 2026 IFB Number: C004562 Proposals due: October 14, 2026, by 3:00

EST.

Project: State University of New York (SUNY) Syracuse Upstate Medical Center 2027 Series XXVII

TELP Equipment Funding Project - $51,000,000

Dear Prospective Lessor:

The purpose of this letter is to request a proposal from your firm to serve as the Lessor for SUNY’s 2027 Series XXVII Syracuse TELP funding as follows:

Lessee: Dormitory Authority of the State of New York Sub-Lessee: SUNY Location: SUNY Syracuse University Hospital (Upstate Medical Center) Equipment: See Equipment List Attached Amount: $51,000,000 Term: Five (5) years – Semi-Annual Payments in Arrears Covenants: None

SUNY Syracuse Upstate Medical Center’s Series 2027 TELP funding target dates are as follows:

1. SUNY Board Approval September 15, 2026

2. TELP IFB release date September 16, 2026

3. Deadline – Proposals due from Lessors October 14, 2026

4. Proposed Award Date by October 20, 2026

5. Targeted Closing Date by Feb. 26, 2027 (Docs. dated 2/1/27)

Please submit your signed, written bid response BY EMAIL ONLY no later than 3:00 PM eastern time on October 14, 2026 to Erik Finkell, at contract.unit@suny.edu.

mailto:contract.unit@suny.edu

At minimum, your bid package/ proposal letter should include the following:

1. Interest Rate - Your bid letter should include a five-year (5) fixed rate lock up to the targeted closing date referenced in this IFB and an index to be used in the event the closing occurs beyond the Lessor’s rate lock period stated in your proposal. All indexes must be tied to 3 or 5 year T-Notes or swap rates or some measurable external index of cost of funds. The interest rate and semi-annual payment should be calculated using Mircosoft’s Excel standard level debt payment model. The quoted interest rate and semi-annual payment require approval of governmental review agencies. The quoted interest rate and semi-annual payment must be comparable among bidders. All bids should include an illustrative amortization schedule printed in an Excel spreadsheet.

Bids should include how the rate was calculated, based on a specific spread over 2, 3 or 5 year T-Notes or the external index used. For the initial 5 year T-Note index used in your bid, we request that you use, if possible, the most recently published rate as listed in the Federal Reserve H15 Releases as of the latest published rate available as of the date of your bid. Please specify the rate index in your bid. Important Note:

The rate lock bid should not include a rate lock break funding penalty in the event the loan does not close. SUNY has funded over 60 TELP projects and all have closed. SUNY does not have the authority or funding mechanism to cover rate lock “break funding” penalties.

2. Other cost to be paid by Sub-Lessee - Sub-Lessee understands it is responsible for bond counsel, DASNY and other usual and customary closing costs. No application, filing, UCC search, or legal fees or charges or escrow fees shall be assessed by Lessor.

All such costs of the transaction shall be included in the interest rate charged.

3. Lease Payment Methodology - While SUNY will be the Sub-Lessee and the obligated party under the Lease, Lessor will be instructed to direct rental payment invoices to the Upstate Medical Center. Please indicate the method you will use to require semi-annual lease payments from the Sub-Lessee. For instance, will you provide an invoice 30 days prior to due date or will you require automated wire payments? Please specify.

4. Covenants - SUNY is an investment grade credit. Since this is a lease, SUNY expects to provide a first security interest in the equipment and expects to have rights of quiet enjoyment; standard provisions for a lease transaction.

5. Credit Approval Process - Please indicate if your firm has already credit approved the project. If you have not, what process will be used and how long will it take to obtain formal credit approval from the Lessor.

6. Documentation - Standard DASNY TELP Documents will be used as approved by

DASNY and Bond Counsel. All eligible Lessors must be familiar with the State of New York standard contract clause provisions (see Exhibits attached). Also, the State Attorney General has approved a form of Escrow Agreement and Attachment N. These two documents must be used in substantially the same form as previously approved by the Attorney General. SUNY will share these two documents with the selected Lessor.

These agreements have been used on numerous other TELP lease schedule and should be acceptable to the Lessor.

7. Drawdown Procedure – This project is for new medical equipment. Once the equipment is delivered by the vendor and accepted by SUNY, payments to vendors will be authorized by SUNY pursuant to the TELP escrow funding requirements. The Sub-Lessee plans to requisition funds from escrow monthly over an eighteen (18) month period. Instructions will be provided with each drawdown schedule. Lessor will be required to make payments to Vendor within 14 days of receipt of a completed drawdown request. Lessor shall also be required to include equipment invoice information on each check or wire confirmation so vendor can identify the payment from the Lessor to the equipment item(s) purchased by SUNY. Also, Lessor may be required to make progress payments to vendors for initial, delivery or any progress payment requirements. If a Lessor is unable or unwilling to make progress payments on behalf of Sub-Lessee, Lessor may not qualify as an eligible Lessor under this IFB.

8. Assignment – DASNY and SUNY do not permit assignment of the Lease by the

Lessor without the prior written approval of the Lessee and Sub-Lessee as provided for in the closing documents. SUNY requires Lessor to close and fund in the name of the Lessor. SUNY will not approve the assignment of the Lease during the Escrow Period (unless the Lessor can demonstrate extenuating non-economic circumstances requiring such assignment required by corporate merger). All Lessors must acknowledge in their proposal that they a) understand the assignment policy and b) will accept it if awarded the transaction.

9. Required Disclosures - The selected Lessor will be required to complete a Vendor

Responsibility Questionnaire and Procurement Lobbying Act Procedure Certification.

This executed Certification must be submitted in the bid package (unless a request for extension is provided in the Bid package and the reason is approved by the SUNY business office). In addition, the selected Lessor will be required to complete the New York State Taxation and Finance Form ST-220, which shall become and be made part of any resulting agreement.

10. Other – Please indicate any other unique services or salient features offered by your company that could be considered by SUNY in their selection of your firm as a Lessor.

The provisions of Exhibit A and Exhibit A-1 are attached and will be incorporated into any resulting agreement. Also, SUNY is required to have an Executory Clause in the lease. This is a standard New York State requirement and all Lessors experienced in funding NYS state contracts should be aware of this requirement. Please acknowledge your acceptance of the Executory Contract language in your bid.

Requirements

1. Prospective Lessors must bid on entire amount.

2. Must have established track record in large ticket tax-exempt leasing.

3. Must be willing to fund progress payments from escrowed funds. No subcontracting allowed.

SUNY reserves all rights to accept or reject any and all bids. The selection of a Lessor will be determined, at SUNY’s sole discretion, based on the competitiveness of the bid and the ability of the vendor to provide the service requested within the timeframe set forth in this IFB. Further, SUNY reserves the right to extend the bid decision date beyond the date set forth herein. SUNY reserves the right to make no award.

Please use the following link to access SUNY’s 2025 Annual Financial Report:

http://www.suny.edu/media/suny/content-assets/communication/publicationsreportsdata/2022-Annual- Financial-Report.pdf

All pre-bid questions should be submitted by email to Erik Finkell at erik.finkell@suny.edu however, proposals should be emailed to contract.unit@suny.edu

Attachments:

1. Exhibit A and Exhibit A-1

2. Procurement Lobbying Act Procedure Certification – complete and return

3. Equipment List http://www.suny.edu/media/suny/content-assets/communication/publicationsreportsdata/2022-Annual-Financial-Report.pdf http://www.suny.edu/media/suny/content-assets/communication/publicationsreportsdata/2022-Annual-Financial-Report.pdf mailto:erik.finkell@suny.edu mailto:contract.unit@suny.edu

Standard Contract Clauses State University of New York EXHIBIT A June 21, The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "contract") agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State or State University of New York, whether a Contractor, licensor, licensee, lessor, lessee or any other party; the State University of New York shall hereinafter be referred to as “SUNY”):

1. EXECUTORY CLAUSE. In accordance with Section 41 of the

State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract.

2. PROHIBITION AGAINST ASSIGNMENT. In accordance with

Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the State’s previous written consent, and attempts to do so are null and void. Notwithstanding the foregoing, such prior written consent of an assignment of a contract let pursuant to Article XI of the State Finance Law may be waived at the discretion of SUNY and with the concurrence of the State Comptroller where the original contract was subject to the State Comptroller’s approval, where the assignment is due to a reorganization, merger or consolidation of the Contractor’s business entity or enterprise. SUNY retains its right to approve an assignment and to require that any Contractor demonstrate its responsibility to do business with SUNY. The Contractor may, however, assign its right to receive payments without SUNY’s prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law.

3. COMPTROLLER'S APPROVAL. (a) In accordance with Section 112 of the State Finance Law, the State Comptroller’s approval is required for the following contracts: (i) goods, services, construction, and construction-related services for State University hospital or healthcare facilities which exceed $150,000; (ii) purchases utilizing an Office of General Services (OGS) centralized contract which exceed $200,000; and (iii) goods, services, construction, and construction-related services not described in (i) or (ii) and which exceed $75,000.

(b) If this contract exceeds the threshold amounts listed above in Paragraph 3(a), or, if this is an amendment for any amount to a contract which, as so amended, exceeds said threshold amounts, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $25,000, it shall not be valid, effective or binding upon the State, and the State shall bear no liability, until it has been approved by the State Comptroller and filed in his or her office.

4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law.

5. NON-DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment, nor subject any individual to harassment, because of age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or domestic violence victim status or because the individual has opposed any practices forbidden under the Human Rights Law or has filed a complaint, testified, or assisted in any proceeding under the Human Rights Law.

Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation

6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law.

Additionally, effective April 28, 2008, if this is a public work contract covered by Article 8 of the Labor Law, the Contractor understands and agrees that the filing of payrolls in a manner consistent with Subdivision 3-a of Section 220 of the Labor Law shall be a condition precedent to payment by the State of any State- -approved sums due and owing for work done upon the project.

7. NON-COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139-d of the State Finance Law, if this contract was awarded based upon the submission of competitive bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to SUNY a non-collusive bidding certification on Contractor’s behalf.

8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2 NYCRR § 105.4).

9. SET-OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State 's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set-off pursuant to an audit, the finalization of such audit by SUNY, its representatives, or the State Comptroller.

10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, "the Records"). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as SUNY and any other agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. SUNY shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute") provided that: (i) the Contractor shall timely inform an appropriate SUNY official, in writing, that said Records should not be disclosed; and (ii) said Records shall be sufficiently identified; and (iii) designation of said Records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, SUNY’s or the State's right to discovery in any pending or future litigation.

11. IDENTIFYING INFORMATION AND PRIVACY

NOTIFICATION.

(a) Identification Number(s). Every invoice or New York State Claim for Payment submitted to SUNY by a payee, for payment for the sale of goods or services or for transactions (e.g., leases, easements, licenses, etc.) related to real or personal property must include the payee's identification number. The number is any or all of the following: (i) the payee’s Federal employer identification number, (ii) the payee’s Federal social security number, and/or (iii) the payee’s Vendor Identification Number assigned by the Statewide Financial System. Failure to include such number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or Claim for Payment, must give the reason or reasons why the payee does not have such number or numbers.

(b) Privacy Notification. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to SUNY or the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance.

The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of SUNY contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in the Statewide Financial System by the Vendor Management Unit within the Bureau of State Expenditures, Office of the State Comptroller, 110 State Street, Albany, New York 12236.

12. EQUAL EMPLOYMENT OPPORTUNITIES FOR

MINORITIES AND WOMEN.

In accordance with Section 312 of the Executive Law and 5 NYCRR Part 143, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then the following shall apply and by signing this agreement the Contractor certifies and affirms that it is Contractor’s equal employment opportunity policy that:

(a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, shall make and document its conscientious and active efforts to employ and utilize minority group members and women its workforce on State contracts and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation;

(b) at SUNY’s request, Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor's obligations herein; and

(c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status.

Contractor will include the provisions of "a," "b," and "c" above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State. The State shall consider compliance by a contractor or sub-contractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this clause. SUNY shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, SUNY shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Department of Economic Development’s Division of Minority and Women's Business Development pertaining hereto.

13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Exhibit A, the terms of this Exhibit A shall control.

14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise.

15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article 11-A of the State Finance Law to the extent required by law.

16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized) but must, instead, be heard in a court of competent jurisdiction of the State of New York.

17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made.

Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond.

18. PROHIBITION ON PURCHASE OF TROPICAL

HARDWOODS. The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of State Finance Law §165 (Use of Tropical Hardwoods), which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the responsibility of the contractor to establish to meet with the approval of the State.

In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in Section 165 of the State Finance Law. Any such use must meet with the approval of the State, otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State.

19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992) , the Contractor hereby stipulates that the Contractor either (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles.

20. OMNIBUS PROCUREMENT ACT OF 1992.

It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts.

Information on the availability of New York State subcontractors and suppliers is available from:

NYS Department of Economic Development Division for Small Business and Technology Development 625 Broadway Albany, NY 12245 Telephone: 518-292-5100

A directory of certified minority and women-owned business enterprises is available from:

NYS Department of Economic Development Division of Minority and Women’s Business Development 633 Third Avenue 33rd Floor New York, NY 10017 646-846-7364 email:

mwbebusinessdev@esd.ny.gov https://ny.newnycontracts.com/FrontEnd/searc hcertifieddirectory.asp

The Omnibus Procurement Act of 1992 (Chapter 844 of the Laws of 1992, codified in State Finance Law § 139-i and Public Authorities Law § 2879(3)(n)–(p)) requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than $1 million:

(a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women-owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to SUNY;

(b) The Contractor has complied with the Federal Equal Employment Opportunity Act of 1972 (P.L. 92-261), as amended;

(c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request;

and

(d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts.

21. RECIPROCITY AND SANCTIONS PROVISIONS. Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act of 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively, codified in State Finance Law § 165(6) and Public Authorities Law § 2879(5)) require that they be denied contracts which they would otherwise obtain. NOTE: As of May 2023, the list of discriminatory jurisdictions subject to this provision includes the states of

South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii.

22. COMPLIANCE WITH BREACH NOTIFICATION AND

DATA SECURITY LAWS.

Contractor shall comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law § 899-aa, § 899-bb, and State Technology Law § 208).

23. COMPLIANCE WITH CONSULTANT DISCLOSURE LAW.

If this is a contract for consulting services, defined for purposes of this requirement to include analysis, evaluation, research, training, data processing, computer programming, engineering, environmental health and mental health services, accounting, auditing, paralegal, legal or similar services, then in accordance with Section 163(4)(g) of the State Finance Law (as amended by Chapter 10 of the Laws of 2006), the Contractor shall timely, accurately and properly comply with the requirement to submit an annual employment report for the contract to SUNY, the Department of Civil Service and the State Comptroller.

24. PURCHASES OF APPAREL AND SPORTS EQUIPMENT.

In accordance with State Finance Law Section 165(7), SUNY may determine that a bidder on a contract for the purchase of apparel or sports equipment is not a responsible bidder as defined in State Finance Law Section 163 based on (a) the labor standards applicable to the manufacture of the apparel or sports equipment, including employee compensation, working conditions, employee rights to form unions and the use of child labor; or (b) bidder’s failure to provide information sufficient for SUNY to determine the labor conditions applicable to the manufacture of the apparel or sports equipment.

25. PROCUREMENT LOBBYING. To the extent this contract is a “procurement contract” as defined by State Finance Law §§ 139-j and 139-k, by signing this contract the Contractor certifies and affirms that all disclosures made in accordance with State Finance Law §§ 139-j and 139-k are complete, true and accurate. In the event such certification is found to be intentionally false or intentionally incomplete, the State may terminate the contract by providing written notification to the Contractor in accordance with the terms of the contract.

26. CERTIFICATION OF REGISTRATION TO COLLECT

SALES AND COMPENSATING USE TAX BY CERTAIN

STATE CONTRACTORS, AFFILIATES

AND SUBCONTRACTORS. To the extent this contract is a contract as defined by Tax Law § 5-a, if the Contractor fails to https://ny.newnycontracts.com/FrontEnd/searchcertifieddirectory.asp https://ny.newnycontracts.com/FrontEnd/searchcertifieddirectory.asp https://ny.newnycontracts.com/FrontEnd/searchcertifieddirectory.asp make the certification required by Tax Law § 5-a or if during the term of the contract, the Department of Taxation and Finance or SUNY discovers that the certification, made under penalty of perjury, is false, then such failure to file or false certification shall be a material breach of this contract and this contract may be terminated, by providing written notification to the Contractor in accordance with the terms of the contract, if SUNY determines that such action is in the best interests of the State.

27. IRAN DIVESTMENT ACT. By entering into this contract, Contractor certifies in accordance with State Finance Law §165-a that it is not on the “Entities Determined to be Non- Responsive Bidders/Offerers pursuant to the New York State Iran Divestment Act of 2012” (“Prohibited Entities List”) posted at: https://ogs.ny.gov/iran-divestment-act-2012.

Contractor further certifies that it will not utilize on this contract any subcontractor that is identified on the Prohibited Entities List. Contractor agrees that should it seek to renew or extend this contract, it must provide the same certification at the time the contract is renewed or extended. Contractor also agrees that any proposed Assignee of this contract will be required to certify that it is not on the Prohibited Entities List before the contract assignment will be approved by the State.

During the term of the contract, should SUNY receive information that a person (as defined in State Finance Law §165-a) is in violation of the above-referenced certifications, SUNY will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then SUNY shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Contractor in default.

SUNY reserves the right to reject any bid, request for assignment, renewal or extension for an entity that appears on the Prohibited Entities List prior to the award, assignment, renewal or extension of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the Prohibited Entities list after contract award.

28. ADMISSIBILITY OF REPRODUCTION OF CONTRACT.

Notwithstanding the best evidence rule or any other legal principle or rule of evidence to the contrary, the Contractor acknowledges and agrees that it waives any and all objections to the admissibility into evidence at any court proceeding or to the use at any examination before trial of an electronic reproduction of this contract, in the form approved by the State Comptroller, if such approval was required, regardless of whether the original of said contract is in existence.

29.

Notwithstanding any other provision in this contract, the hospital or other health service facility remains responsible for insuring that any service provided pursuant to this contract complies with all pertinent provisions of Federal, state and local statutes, rules and regulations. In the foregoing sentence, the word "service" shall be construed to refer to the health care service rendered by the hospital or other health service facility.

30. (a) In accordance with the 1980 Omnibus Reconciliation Act (Public Law 96-499), Contractor hereby agrees that until the expiration of four years after the furnishing of services under this agreement, Contractor shall make available upon written request to the Secretary of Health and Human Services, or upon request, to the Comptroller General of the United States or any of their duly authorized representatives, copies of this contract, books, documents and records of the Contractor that are necessary to certify the nature and extent of the costs hereunder.

(b) If Contractor carries out any of the duties of the contract hereunder, through a subcontract having a value or cost of $10,000 or more over a twelve-month period, such subcontract shall contain a clause to the effect that, until the expiration of four years after the furnishing of such services pursuant to such subcontract, the subcontractor shall make available upon written request to the Secretary of Health and Human Services or upon request to the Comptroller General of the United States, or any of their duly authorized representatives, copies of the subcontract and books, documents and records of the subcontractor that are necessary to verify the nature and extent of the costs of such subcontract.

(c) The provisions of this section shall apply only to such contracts as are within the definition established by the Health Care Financing Administration, as may be amended or modified from time to time.

31. Hospital Retained Authority: Hospital Retained Authority: The Hospital retains direct, independent authority over the appointment and/or dismissal, in its sole discretion, of the facility’s management level employees (including but not limited to, the Facility/Service Administrator/Director, the Medical Director, the Director of Nursing, the Chief Executive Officer, the Chief Financial Officer and the Chief Operating Officer) and all licensed or certified health care staff. The Hospital retains the right to adopt and approve, at its sole discretion, the facility’s operating and capital budgets. The Hospital retains independent control over and physical possession of the facility’s books and records. The Hospital retains independent control over and physical possession of the facility’s operating policies and procedures. The Hospital retains full authority and responsibility for, and control over, the operations and management of the facility. The Hospital retains the right and authority to independently adopt, approve and enforce, in its sole discretion, policies affecting the facility’s delivery of health care services.

The Hospital retains the right to independently adopt, approve and enforce, at its sole discretion, the disposition of assets and authority to incur debts. The Hospital retains the right to approve, at its sole discretion, contracts for administrative services, management and/or clinical services. The Hospital retains the right to approve, at its sole discretion, any facility debt. The Hospital retains the right to approve, at its sole discretion, settlements of administrative proceeding or litigation to which the facility is a party. No powers specifically reserved to the Hospital may be delegated to, or shared by, the Contractor or any other person. In addition, if there is any disagreement between the parties to this Agreement regarding control between the Hospital and the Contractor, the terms of this Section shall control.

TAX EXEMPT LEASING PROGRAM (TELP)

TELP - 2026/27 SUNY Syracuse Series XXVII. (NYS Contract Number - C004562)

Item # Description Cost

1 Linear Accelerator (Replacement Unit)

5,983,095

2 Nuclear Medicine Replacement Units and Ultrasound

3,663,808

3 Replacement Mammographic Units (Wellspring at CG)

2,636,974

4 C-Arms (OR and Endo Units)

2,500,000

5 Mammographic Units (Harrison Center)

2,060,000

6 UH STAT Lab Equipment Project (Floor 5W)

1,800,000

7 General Lab Equipment

4,800,000

8 Furniture and Casework For Lab Relocation Project

2,500,000

9 Computers/Monitors/Network Equipment

2,000,000

10 bioMerieux Clinical Diagnostic System

1,900,000

11 Core Lab Equipment

1,600,000

12 Histology/IHC Lab Equipment

1,350,000

13 Cytology Equipment

500,000

14 AV Equipment

350,000

15 Patient Monitors

1,000,000

16 Patient Monitors

1,000,000

17 Patient Beds

1,000,000

18 IT Refresh (Computers, Monitors and Peripherals)

1,000,000

19 Zoll Defibrillators

1,900,000

20 Telephone System

1,120,000

21 Digital Mammography Unit

1,074,716

22 Hematology Equipment

1,100,000

23 Philips Patient Monitor Phase 4 - Procedural, X3s, MMXs

1,000,000

24 Microscopes

900,000

25 Upgrade EOL Network Equipment

610,000

26 Patient Beds

500,000

27 IT Refresh (Computers, Monitors and Peripherals)

600,000

28 Athena Weapons Detection System

550,743

29 Clin Eq Life Cycle Phase V - Baxter VSMs

507,818

30 Clin Eq Life Cycle - Wound VAC Replacement

503,540

31 GE Healthcare - Cardiac and Vascular Ultrasound Machines

500,000

32 Phase 3 Anesthesia Machines Replacement Project

500,000

33 Pharmacy Compliance Packing Program (Hardware)

500,000

34 Radiologist Workstations-(New Remote PC's and Barco Monitors)

475,000

35 Blade Server for FUJI PACS Radiology System

462,000

36 Telemetry Equipment

300,000

Estimated Equipment Cost $ 50,747.694

DASNY Fee $ 75,000

Bond Counsel $ 52,500

Financial Advisor $ 124,806

Estimated Financing Fees $ 252,306

Total TELP Lease: $ 51,000,000