1 - IFB 24-13 - FY25-26 Athletic Charter Bus Services.pdf

FY25-26 Athletic Charter Bus Services Invitation for Bid

#24-13 (General Services)

Deadline for submissions:

07/22/2025, 3:00 pm EST

Designated Contact:

Michaela Costello Procurement Assistant 315-792-7293 bids@sunypoly.edu

Version 11172021 mailto:teeleb@sunypoly.edu

Table of Contents of CONTENTS

Summary Information Form

Overview

Background

Bidder Qualifications

Section 4.1: Minimum Bidder Qualifications

Scope of Services

Section 5.1: Mandatory Services

A. Specifications

1. Bus Specifications

2. Service Requirements

B. Contract Term

C. Termination

D. Payment

Cost Proposal

Section 6.1: Travel Costs

Key Events

Section 7.1: Bidder Questions

Section 7.2: Bid Opening

Method of Award

Section 8.1: Evaluation Process

Proposal Submission Requirements

Section 9.1: Proposal Format

Other Proposal Requirements

Section 10.1: Determination of Vendor Responsibility

Section 10.2: Procurement Lobbying Act – State Finance Law §§ 139-j and 139-k

Section 10.3: Non-Collusive Bidding Certification

Section 10.4: Executive Order 162 (EO 162)

Section 10.5: Executive Order 177 (EO 177)

Section 10.6: New York State Finance Law § 139-l Certification

Section 10.7: Diversity Requirements

Equal Employment Opportunity Requirements

Service-Disabled Veteran-Owned Businesses (SDVOB)

Minority and Women-Owned Business Enterprises (MWBE)

Assessment of Diversity Practices

Section 10.8: Subcontracting

Section 10.9: General Insurance Requirements

Section 10.10: Compliance with NYS Consulting Services Reporting Requirements

General Contract Terms & Conditions

Attachment 2: New York State Human Rights Law Executive Order 177 Certification

Attachment 3: New York State Finance Law 139-l Certification

Attachment 4: Procurement Lobbying Act Certification

Attachment 5: Non-Collusive Bidding Certification

Exhibit A: State University of New York Standard Contract Clauses

Exhibit A-1: State University of New York Affirmative Action Clauses

Exhibit B: General Contract Terms and Conditons

Exhibit C: SUNY Institutions

Exhibit D, SUNY Proposal Submission Guidelines

THIS PAGE MUST BE SIGNED AND RETURNED WITH BIDDER’S RESPONSE

IFB #: 24-13 IFB Title: FY25-26 Athletic Charter Bus Services IFB Release Date: June 27, 2025 Electronic copies of this IFB are available at:

Key Events Requested Submission of Questions and Requests for Clarification 07/14/2025, 3:00 pm EST Response to questions/requests for clarification issued 07/15/2025, 3:00 pm EST Pre-Bid Conference N/A Pre-Bid Site Visit (if applicable) N/A Notice of Intent to Bid Due (if applicable) ASAP via Email Proposal Due Date and Time (Any proposal received after the deadline will not be considered)

07/22/2025, 3:00 pm EST

Anticipated Notification of Award 07/25/2025 Anticipated Contract Start Date August 1, 2025 Anticipated Term Length of Contract 1 Year

SUNY reserves the right, in its sole discretion, to modify the above schedule. Bidders will be notified of any changes in a timely manner Contact Information

Primary Contact:

Michaela Costello Procurement Assistant Email: bids@sunypoly.edu Phone: (315) 792-7293

Secondary Contact:

Name:

Title:

Email:

Phone:

Other Contact:

Restricted Period In accordance with the requirements of New York State Finance Law Sections 139j and 139k (“Lobbying Law”), the restricted period for this procurement is now in effect. Therefore, all communications regarding this procurement must be handled through the State University of New York’s designated contacts only.

Bidder Information Legal Business Name of Company Bidding: Bidder’s Federal Tax Identification

Number:

D/B/A – Doing Business As (if applicable): NYS Vendor ID Number:

Street Address: City/State: Zip Code:

If applicable, place an “x” in the appropriate box: (check all that apply) ☐ Small Business (if checked, provide # of employees ____) ☐ Disabled Veteran Owned Business ☐ Minority Owned Business (NYS Certified) ☐ Women Owned Business (NYS Certified)

If you are not bidding, place an “x” in the box and return this page only. ☐ We are unable to bid at this time because:

Bidders Signature: Title:

Printed Name: Date:

By signing this form, Bidder acknowledges (a) that the IFB instructions are understood; (b) that the Bidder is committed to servicing SUNY’s needs in the required time period; and (c) that all information required by this IFB has been included in Bidder’s proposal.

Summary Information Form

This Invitation for Bid (IFB) is issued by the State University of New York (herein after referred to as “SUNY”) to solicit proposals for bus transportation for SUNY Polytechnic Institute Intercollegiate Athletics from the University to various locations per the following specifications.

The results of this IFB will be used to award contracts to the lowest bidders determined to be most qualified. The resultant agreement will be made available University-wide for use by all SUNY campuses and affiliates including Community Colleges, Auxiliary Service Corporations (ASC), and campus foundations. Campuses and affiliates are not required to use the contracts.

Section 3.1: University Background

The State University of New York (“SUNY”) is the largest comprehensive public university system in the United States, educating more than 400,000 students in more than 7,500 degree and certificate programs on 64 individual campuses with nearly 3 million alumni around the globe. Enrollments are detailed as follows:

• 13 University Centers and Doctoral Degree Granting Institutions offering academic programs through the doctoral level; each enroll between under 1,000 to over 19,000 undergraduate students;

• 13 University Colleges offering academic programs through master’s level; each enrolls between 3,700 to over 9,000 undergraduate students;

• 8 University Colleges of Technology offering academic programs through master’s level; each enroll between 1,600 and 6,000 undergraduate students; and

• 30 community colleges offering academic programs through the associate’s level; each enrolls between 1,700 to over 26,000 undergraduate students. The SUNY Research Foundation works with the academic and business leadership of campuses to support research and discovery at SUNY through efficient and skillful administration of sponsored projects and adept transfer and sharing of intellectual property for public benefit and economic growth.

SUNY is committed to reducing administrative costs, maximizing efficiencies and increasing the amount of resources allocated to academics and student services. As part of this commitment, SUNY is collaboratively sourcing and streamlining procurement efforts. Bidders doing business with SUNY will also benefit from this streamlined procurement approach, as it saves the time and effort of responding individually to separate campuses and managing multiple agreements.

Section 4.1: Minimum Bidder Qualifications

A contract will be awarded only to a responsible, responsive and qualified Bidder, in a financial position to do the work specified. Proposals will be accepted only from Bidders meeting the following minimum qualifications:

• Relevant Experience: The Bidder must be a company normally engaged in providing the services described within this IFB.

Overview

Background

Bidder Qualifications

• Affirm you meet the required experience.

• All Bidders must complete and submit Attachment 6: Bidder References & Contract

Termination History Submission Form. Provide a minimum of three (3) references from other universities, colleges or similar-sized organizations performed in the last 24 months. The references should demonstrate the bidder’s ability with projects similar in scope, size and nature of this IFB. Provide a list of accounts where a contract was terminated by the customer within the past 5 years.

SUNY reserves the right to contact client references to validate experience and the scope and quality of work. The Bidder is solely responsible for providing contact information for clients that are readily available to be contacted and will respond to questions. If SUNY is unable to contact a client, the Bidder will be provided one opportunity, with a deadline, to assist in obtaining cooperation from those clients that have not responded.

Bidders should meet the qualifications and requirements listed in this section. Failure to meet or provide the items listed below may result in rejection of a Bidder’s response.

Section 5.1: Mandatory Services

A. Specifications

1. Bus Specifications

a. Minimum 24-passenger coach unless otherwise indicated on Transportation Schedule.

Passenger coach must be equipped with:

a. Heating and air conditioning;

b. Luggage compartments, overhead in-cabin and/or beneath vehicle, with sufficient storage for uniforms and equipment;

c. On-board restroom facility for trips 2 hours or greater;

d. Reading Lights;

e. Television DVD equipped;

f. Wi-Fi connectivity;

g. Electrical outlets;

h. Equipped with two-way communication between its headquarters and in all vehicles used under this contract in order to provide communication and coordination between all vehicles involved in group movements and to assist in the event of breakdowns or route changes;

i. All vehicles must be equipped with GPS units pre-programmed to all locations indicated within the Transportation schedule provided by SUNY Poly; and

j. All vehicles used under this contract must be less than ten (10) years old.

b. The successful contractor must own or lease a sufficient number of buses to ensure that

University requirements can be fulfilled. Each contractor should submit with the proposal a list of all owned and leased buses which provides:

i. Vehicle Number

ii. Year and Make

iii. Identification or Serial Number

iv. Date of Last Public Service Commission Inspection

v. Vehicle maintenance schedules

Scope of Services

vi. NYS BUSNET Operator Profile Report

c. All buses are to have thoroughly cleaned interiors, and the exteriors are to be maintained in presentable condition.

2. Service Requirements

a. In case of accident or breakdown, replacement buses, equal to the specifications in Section 2(B), are to be furnished within a reasonable period of time depending on distance from nearest terminal. Include a detailed description of your company’s contingency plan for how bus breakdowns will be handled.

b. Vendor shall provide drivers for all trips. All drivers must present a neat and clean appearance, and comply with all applicable federal, state, and local laws, ordinances, rules and regulations.

c. In case of a mechanical failure or any other delay except Acts of God, war, or insurrection, the vendor will be responsible for the arrival of the team(s) at the proper destination at the appropriate time. Regardless of the time a trip consumes, the vendor will be reimbursed only the amount listed on the fee schedule. In any instance, except Acts of God, war, or insurrection, where arrival is after the scheduled starting time of a contest, the University will not be liable for any trip charges.

d. In the event that the University determines that a driver has been remiss in his/her responsibility concerning requests, safety standards, speeding, offensive behavior, or the rules and regulations set forth by the University and/or the vendor, both written and verbal, the University shall instruct the vendor to remove the driver from future trips.

e. Vendor is responsible for providing routes and directions sufficient to arrive at the final destination at the appropriate time. The University will provide destinations and required time schedules to the vendor prior to trips.

f. Must be receptive to last minute cancellations and time changes with no charge (time/date/destination). University can cancel or change up to three hours prior to departure with no charge incurred.

g. Must be receptive to adding additional trips such as tournaments and scrimmages.

h. Must be receptive to decreasing the bus size upon request by the Director of Athletics.

SUNY must be invoiced for the rate for the reduced bus size listed in the incumbent’s cost proposal.

i. Meal stops are required on each trip.

j. Contractor is responsible for all driver’s meals on trips.

k. All motor coach drivers must be compliant with Vehicle and Traffic Law Article 19-A.

l. The Contractor will provide the University with an Article 19-A Roster of Active Drivers.

m. Drivers must carry cell phones for emergency contacts.

n. Contractor shall have sufficient and appropriate inventory and personnel and/or prompt access to appropriate equipment and personnel to quickly and efficiently perform all contract services to the satisfaction of the University. Prior to contract award and at any time during the contract period, such facilities shall be available for inspection during normal business hours by the University.

o. Form DS-3, Annual Affidavit of Compliance will need to be submitted to the Department of Motor Vehicles.

B. Contract Term

The contract period shall be from August 1, 2025 through July 31, 2026.

C. Termination

The award to the Successful Vendor (Contractor) may be terminated by SUNY Poly for any of the following reasons:

A. Convenience of SUNY Poly: The award may be terminated at any time upon receipt of thirty (30) days prior written notice given by SUNY Poly for whatever reason.

B. Event of default: The award may be terminated in the event of breach of any of its provisions by the Contractor, or if the Contractor’s products are deemed unsatisfactory in SUNY Poly’s sole discretion, due to Contractor’s fault or negligence, or that of its officers, employees, subcontractors, agents, licensees, licensors, or affiliates. In such event, SUNY Poly will send a written cure notice in accordance with the Notice provisions of the award, and Contractor shall have thirty (30) days to correct the deficiencies noted. If the deficiencies are not corrected, SUNY Poly may terminate this award immediately upon written notice.

C. Deficient Certifications: If the award has a value greater than $15,000, SUNY Poly shall have the right to terminate in the event the State Finance Law sections 139-j and 139-k certifications executed by the Contractor are found to be intentionally false or incomplete. If the award has a value of greater than $100,000 and Contractor’s sales for the immediately preceding four quarters were greater than $300,000, or if the award has a value of $125,000 or greater, SUNY Poly shall have the right to terminate in the event the Successful Vendor’s Department of Taxation and Finance Contractor Certification form, ST 220-CA, statements are found to be false or incomplete.

D. Lack of Funds: If for any reason the State of New York terminates or reduces its appropriations to SUNY Poly, the award may be terminated or reduced at SUNY Poly's discretion, provided that no such reduction or termination shall apply to allowable costs already incurred by the Contractor where funds are available to the SUNY Poly for payment of such costs. In any event, no liability shall be incurred by the State (including SUNY Poly) beyond monies available for the purposes of the award.

E. SUNY Poly may terminate the award, upon written notice, in the event of any of the following: (1) Contractor makes an assignment for the benefit of creditors; (ii) a petition in bankruptcy or any insolvency proceeding is filed by or against Contractor and is not dismissed within thirty (30) days from the date of filing; or (iii) all or substantially all of Contractor’s property is levied upon or sold in any judicial proceeding.

D. Payment

Payment will be processed after trip completion and upon approval of invoice by the University Designee. Payment will be based on an invoice used in the contractor’s normal course of business, however, such invoice must contain sufficient data including, but not limited to, athletic team or group transported, contract number, description and dates of trips, and federal payee identification number.

Bidder must complete pricing in the Cost Proposal Submission Form. Bidders are encouraged to seek clarification prior to due date.

• Items: Price shall be in accordance with the items listed or on the Cost Proposal Submission Form, if provided. No other charges, other than those listed in the items or on the Financial Proposal Submission Form shall be allowable under the agreement.

Cost Proposal

• Preparation Costs: Bidder is responsible for all costs, direct or indirect, that it incurs related to the preparation and submission of a proposal in response to this event.

• Pricing: All prices and conditions must be included in the original proposal. Prices and conditions not included in the original proposal will be rejected.

• Quote Hold: The submission of a proposal constitutes a non-revocable, binding offer to perform and provide said services. Such binding offer shall be firm and not revocable for a period of 120 days from event close date. Subsequent to such 120 days, the proposal is subject to withdrawal communicated in writing and signed by the Bidder.

• Tax Exempt: SUNY is exempt from sales tax. All prices should be quoted without the sales tax.

Section 6.1: Travel Costs

Costs must include all travel and out-of-pocket expenses required to perform the contract. SUNY will make no reimbursement for travel or travel-related expenses. With the exception of hotel rooms that the campus will provide to the driver.

Section 7.1: Bidder Questions

If a Question and Answer period is provided for this solicitation, the schedule will be shown on the Summary Information Form, “Key Events,” provided on the first page of this IFB. All questions must be submitted in writing, citing the particular IFB page, section, and paragraph numbers where applicable. Bidders should make best efforts to ensure all questions are submitted via email to the Designated Contacts no later than the time listed in the Key Events table in Section 1, Summary Information Form as questions received after the closing date for inquiries may not be responded to prior to the proposal due date. Only written answers are official. All Questions and Answers will be issued as addenda to this IFB and will be provided in writing to all potential Bidders.

It is the responsibility of the Bidder to inquire about any requirement of this event that is not understood.

SUNY will not be bound by oral responses to inquiries or written responses other than addenda.

Section 7.2: Bid Opening

SUNY reserves the right to not hold a public bid opening or at any time to postpone or cancel a scheduled bid opening. In the event a public bid opening is scheduled, Bidders will be notified.

Key Events

Section 8.1: Evaluation Process

This IFB is part of a competitive procurement process designed to serve the best interests of the State University of New York and the People of the State of New York. It is also designed to provide all Bidders with a fair and even opportunity to have their products and services considered. SUNY will conduct a comprehensive review of each responsive bid submitted in accordance with the terms of this IFB. Proposals will be evaluated on the basis of “lowest price” per trip, and shall be conducted in the following steps:

1. Administrative Review Each proposal received by the due date and time will be screened for completeness and conformance of submission in accordance with Section 9, Proposal Submission Requirements.

2. Minimum Bidder Qualifications Review Each proposal remaining after Administrative Review will advance to the evaluation committee to review responses for a determination of whether the Bidder has met the Minimum Bidder Qualifications.

Information provided in the proposal will be used to validate Minimum Bidder Qualifications and SUNY reserves the right to contact client references to validate required experience. If review of response and reference checks determine the Bidder does not meet Minimum Bidder Qualifications, the proposal will be deemed non-responsive and will not be considered further.

3. Cost Evaluation The Cost Proposals of each bid remaining after the Minimum Bidder Qualifications Review will be evaluated and awarded based on lowest price per trip.

4. Finalist Review In accordance with Section 163 (9) f of the NYS Finance Law, prior to making a contract award each contracting agency shall make a determination of responsibility of the proposed Contractor as discussed in Section 8.1, Vendor Responsibility. SUNY will conduct a review of vendor responsibility for the Bidder earning the highest final composite score, and any proposed subcontractors. SUNY will consider any information that raises issues concerning the vendor’s responsibility, with consideration given to its relevance to the scope of work. The review will include factors such as financial and organizational capacity, legal authority, integrity and previous contract performance.

5. Selection Contract will be awarded to multiple vendors on the basis of “lowest price” per trip. An evaluation committee comprised of SUNY will review the proposals to ensure that the bidders meet the mandatory bidder qualifications and are both responsive and responsible. The bidders meeting these terms with the lowest price per trip will be selected to contract with

Method of Award

SUNY and will be notified by SUNY. Award shall be made by issuance of an award letter. All bidders will be notified of the name of the successful bidders. SUNY contracts may be subject to approval by the NYS Attorney General and the Office of the State Comptroller. SUNY reserves the right to award no contract.

Contract awards shall be made by issuance of an award notice. All Bidders will be notified of the name of the selected awardees. SUNY contracts may be subject to approval by the NYS Attorney General and the Office of the State Comptroller. SUNY reserves the right to award no contract pursuant to this IFB.

6. Reserved Rights SUNY reserves the right to:

1. Award on a per trip cost.

2. In the instance of a tie, the lowest bidders will be contacted via email for best and final offers until a low bid is established.

3. Bids will be evaluated based on the total cost of each trip.

4. Trip costs should not include hotel room fees for overnight trips. Hotel room will be provided to drivers for overnight trips by the athletic coaches.

5. Reject any and all proposals received in response to this IFB, make a contract award in whole or in part.

6. Make no contract award.

7. Award to multiple vendors.

8. Make partial awards.

9. Reject any or all portions of any proposal, to negotiate terms and conditions consistent with this IFB and to make an award for any or all remaining portions.

10. Withdraw the IFB at any time, at SUNY’s sole discretion.

11. Disqualify any Bidder whose conduct or proposal fails to conform to the requirements of the

IFB.

12. Use proposal information obtained through site visits, management interviews and the state’s investigation of a Bidder’s qualifications, experience ability or financial standing, and any material or information submitted by the Bidder in response to SUNY’s request for clarifying information, in the course of evaluation and/or selection under the IFB.

13. Prior to the bid opening, amend the IFB specifications to correct errors of oversights, or to supply additional information, as it becomes available.

14. Request certified and non-certified audited financial statements for the past three (3) completed fiscal years and/or other appropriate supplementation including, but not limited to, interim financial statements and credit reports.

15. Request references and contact any or all references and perform other related due diligence.

16. Adjust or correct cost or cost figures with the concurrence of the Bidder if mathematical or typographical errors exist.

17. Waive requirements or amend this IFB upon notification to all Bidders. Mandatory requirements may be eliminated if unmet by all Bidders.

18. Negotiate with Bidders responding to this IFB within the requirements necessary to serve the best interests of SUNY.

19. Begin contract negotiations with another Bidder in order to serve the best interests of SUNY should contract negotiations with the Successful Bidder be unsuccessful within a time frame acceptable to SUNY.

20. Require clarifications from Bidders for purposes of assuring a full understanding of responsiveness, and permit revisions from all Bidders determined to be susceptible to contract award prior to award.

21. Any company that has a rating of “Unsatisfactory” per the US DOT SAFER website will be considered disqualified.

A Bidder’s proposal shall address the Bidder’s ability and methodology for providing SUNY with the requested services. To be deemed “responsive” to this IFB, a Bidder must meet all mandatory requirements and qualifications and its written proposal must address all points and questions appearing in this IFB. In the event a Bidder’s proposal is determined by SUNY to be “non-responsive,” SUNY may disqualify the proposal. A disqualified proposal will not be further evaluated or considered for contract award. To facilitate SUNY’s review of proposals, Bidders must address all points and questions that appear in this IFB, and should do so in the order that they appear.

Responses should be labeled to correspond to the numbers/letters of the sections and subsections of this IFB.

Bidders must adhere to the Exhibit D, SUNY Proposal Submission Guidelines when submitting a proposal in response to this bid event.

Section 9.1: Proposal Format

1. Prepare a clearly readable proposal that includes all required information.

2. Bidders must submit all information requested by SUNY in written form. Proposals must be complete, accurate, and in the form requested.

3. Indicate any deviations from the specifications and if necessary, attach separate documents and/or explanation.

4. Proposal Packages:

a. Proposals should be submitted in sealed packages clearly labeled on the exterior with the IFB number and title. Bids not labeled as instructed risk being opened prior to the bid opening date, which may result in the bid being rejected. All proposals and accompanying documentation shall become the property of SUNY and shall not be returned.

b. SUNY Polytechnic Institute has the right to request original signatures be mailed to the campus by the successful bidders, at the bidders’ expense.

5. No telephone, facsimile, or emailed submitted proposals will be accepted.

6. The proposal must be fully and properly executed by an authorized person. By signing, you certify (i) your express authority to sign on behalf of yourself, your company, or other entity; (ii) your full knowledge and acceptance of contents of this IFB, Exhibit A (State University of New York Standard Contract Clauses), Exhibit A-1 (State University of New York Affirmative Action Clauses), State Finance Law §139-j and §139-k (Procurement Lobbying Certification); and (iii)

Proposal Submission Requirements that all information provided is complete, true and accurate. By signing you further affirm that you understand and agree to comply with the procedures on permissible contacts relating to this procurement as required by State Finance Law §139-j (3) and §139-j (6) (b). These procedures may be accessed at Procurement Lobbying:

http://www.ogs.state.ny.us/aboutOgs/regulations/defaultAdvisoryCouncil.html.

7. “Submit to” Address for Bids

Address for submission of bid:

Michaela Costello, Procurement Assistant SUNY Polytechnic Institute

100 Seymour Road Utica, NY 13502

8. Late Proposals: For purposes of Bid openings, a Bid must be received on or before the proposal due date as set forth in the Summary Information Form. A Late Bid is one that is not received by the date and time specified in this IFB. Any Bid received at the specified location after the time specified in this IFB will be considered a Late Bid. A Late Bid shall not be considered for award unless: (i) no timely Bids meeting the requirements of this IFB are received, or; (ii) in the case of a multiple award, an insufficient number of timely bids were received to satisfy the multiple award; (iii) and acceptance of the Late Bid is in the best interest of SUNY. Determinations relative to bid timeliness shall be at the sole discretion of the SUNY Chancellor or his or her designee.

9. Bidders unable or unwilling to submit a proposal are asked to email the primary contract in the Summary Information Form of this IFB with a reason for opting out of this procurement opportunity indicating an explanation as to why no bid is being submitted.

10. All prices and conditions must be included in the original proposal. Prices and conditions not included in the original proposal will be rejected.

11. The submission of a proposal constitutes a non-revocable, binding offer to perform and provide said services. Such binding offer shall be firm and not revocable for a period of one-hundred eighty (180) days from the proposal due date. After one-hundred eighty (180) days, the proposal may remain in effect, subject to withdrawal communicated in writing signed by the Bidder. If this IFB is for the sale of goods pursuant to §2-205 of New York State Uniform Commercial Code, the proposal shall be firm, binding and not revocable for a period of ninety

(90) days from proposal due date.

12. Bidder is responsible for all costs that it incurs, direct or indirect, related to the preparation and submission of a proposal in response to this IFB.

Section 10.1: Determination of Vendor Responsibility

New York State procurement law requires that state agencies award contracts only to responsible Bidders. Additionally, the New York State Comptroller must be satisfied that a proposed Contractor is

Other Proposal Requirements http://www.ogs.state.ny.us/aboutOgs/regulations/defaultAdvisoryCouncil.html responsible before approving a contract award under Section 112 of the State Finance Law. Section 163 of the New York State Finance Law (“SFL”) requires that contracts for services and commodities be awarded on the basis of lowest price or best value “to a responsive and responsible Bidder.”

Section 163 (9)(f) of the SFL requires that prior to making a contract award, each contracting agency shall make a determination of responsibility of the proposed Contractor. In accordance with these procurement laws, SUNY will conduct an affirmative review of vendor responsibility for all organizations or firms with which it conducts business.

In response to this section, Bidders and all proposed subcontractors who may receive more than $100,000 over the life of the contract are required to file the required Vendor Responsibility Questionnaire online via the New York State VendRep System or may choose to complete and submit a paper questionnaire. To enroll in and use the VendRep System, see the VendRep System Instructions on the Office of State Comptroller (OSC) website, available at:

www.osc.state.ny.us/vendrep or go directly to the VendRep System online at https://portal.osc.state.ny.us. For VendRep System user assistance, the OSC Help Desk may be reached at 866-370-4672 or 518-408-4672 or by email at helpdesk@osc.state.ny.us. Bidders opting to file a paper questionnaire may obtain the appropriate questionnaire from the VendRep website www.osc.state.ny.us/vendrep or may contact SUNY System Administration for a copy of the paper form.

Section 10.2: Procurement Lobbying Act – State Finance Law §§ 139-j and 139-k

Prior to approval of the contract for which this IFB has been issued by SUNY, or if applicable, the Office of the State Comptroller, a Bidder shall not communicate with SUNY other than with the persons identified in this IFB as Designated Contacts or with a person who the Designated Contacts has advised the Bidder in writing is also a Designated Contact. Generally, the New York State Finance Law restricts communications between a Bidder or a person acting on behalf of a Bidder, including its lobbyist, to communications with the officers and employees of the procuring agency designated in each solicitation to receive such communications. Further, the law prohibits a communication (a “Contact”) which a reasonable person would infer as an attempt to unduly influence the award, denial or amendment of a contract. These restrictions apply to each contract in excess of $15,000 during the “restricted period” (the time commencing with the earliest written notice of the proposed procurement and ending with the later of approval of the final contract by the agency, or, if applicable, the State Comptroller). The agency must record all Contacts, and, generally, must deny an award of contract to a vendor involved in a knowing and willful Contact.

SUNY has developed procedures regarding Contacts and their reporting, review and investigation.

SUNY’s procurement record must demonstrate compliance with these procedures. A determination that a Bidder or a person acting on behalf of a Bidder has intentionally made a Contact or provided inaccurate or incomplete information as to its past compliance with State Finance Law §§139-j and 139-k, is likely to result in denial of the award of contract under this IFB. Additional sanctions may apply. A complete copy of SUNY’s Procurement Lobbying Policy and Procedure and its accompanying forms is available for review at http://www.suny.edu/sunypp/documents.cfm?doc_id=430

In response to this section, complete and submit Attachment 6, Procurement Lobbying Act Certification.

Section 10.3: Non-Collusive Bidding Certification

In response to this section, complete and submit a completed Attachment 7, Non-collusive Bidding Certification.

Section 10.4: Executive Order 162 (EO 162)

Governor Cuomo’s Executive Order 162 requires state contractors to disclose data on the gender, race, ethnicity, job title, and salary of employees performing work on state contracts.

Bidder agrees to submit Workforce Utilization Report (Form 7557-110) and to require the same information to be submitted by any of their subcontractors on the state contract, in such format as shall be required by SUNY on a monthly basis for all construction contracts and quarterly basis for all other contracts during the term of the contract. Empire State Development has provided specific details on this requirement at https://esd.ny.gov/doing-business-ny/mwbe/mwbe-executive-order-162.

Section 10.5: Executive Order 177 (EO 177)

The New York State Human Rights Law, Article 15 of the Executive Law, prohibits discrimination and harassment based on age, race, creed, color, national origin, sex, sexual orientation, gender identity, disability, marital status, military status, or other protected status. The Human Rights Law may also require reasonable accommodation for persons with disabilities and pregnancy-related conditions. A reasonable accommodation is an adjustment to a job or work environment that enables a person with a disability to perform the essential functions of a job in a reasonable manner. The Human Rights Law may also require reasonable accommodation in employment on the basis of Sabbath observance or religious practices. Generally, the Human Rights Law applies to: (i) all employers of four or more people, employment agencies, labor organizations and apprenticeship training programs in all instances of discrimination or harassment; (ii) employers with fewer than four employees in all cases involving sexual harassment; and (iii) any employer of domestic workers in cases involving sexual harassment or harassment based on gender, race, religion or national origin.

In accordance with Executive Order No. 177, prior to contract award, selected Awardee must submit a certification that at it does not have institutional policies or practices that fail to address harassment and discrimination as described above. SUNY is electing to obtain the certification with the bid documents to avoid unnecessary delay in the contract award process.

In response to this section, complete and submit Attachment 2, NYS Human Rights Law Executive Order 177 Certification.

Section 10.6: New York State Finance Law § 139-l Certification

Pursuant to N.Y. State Finance Law § 139-l, every bid made on or after January 1, 2019 to the State or any public department or agency thereof, where competitive bidding is required by statute, rule or regulation, for work or services performed or to be performed or goods sold or to be sold, and where otherwise required by such public department or agency, shall contain a certification that the Bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of N.Y. State Labor Law § 201-g.

N.Y. State Labor Law § 201-g provides requirements for such policy and training and directs the Department of Labor, in consultation with the Division of Human Rights, to create and publish a model sexual harassment prevention guidance document, sexual harassment prevention policy and sexual harassment prevention training program that employers may utilize to meet the requirements of N.Y. State Labor Law § 201-g. The model sexual harassment prevention policy, model sexual harassment training materials, and further guidance for employers, can be found online at the following URL: https://www.ny.gov/combating-sexual-harassment-workplace/employers.

Pursuant to N.Y. State Finance Law § 139-l, any bid by a corporate Bidder containing the certification required above shall be deemed to have been authorized by the board of directors of such Bidder, and such authorization shall be deemed to include the signing and submission of such bid and the inclusion therein of such statement as the act and deed of the Bidder.

If the Bidder cannot make the required certification, such Bidder shall so state and shall furnish with the bid a signed statement that sets forth in detail the reasons that the Bidder cannot make the certification. After review and consideration of such statement, SUNY may reject the bid or decide that there are sufficient reasons to accept the bid without such certification.

In response to this section, complete and submit Attachment 3, New York State Finance Law § 139-l Certification.

Section 10.7: Diversity Requirements Equal Employment Opportunity Requirements

a. Pursuant to Article 15 of the Executive Law (the "Human Rights Law"), all other State and Federal statutory and constitutional non-discrimination provisions, the Bidder will not discriminate against any employee or applicant for employment because of race, creed, color, sex, religion, national origin, military status, sexual orientation, gender identity or expression, age, disability, predisposing genetic characteristics, domestic violence victim status, familial status or marital status. The Bidder shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest. The Bidder will state in all solicitations or advertisements for employees that, in the performance of this Contract, all qualified applicants will be afforded equal employment opportunities without discrimination.

b. The Bidder will undertake, or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and, if awarded a Contract pursuant to this solicitation, will make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force during its legal engagement with SUNY.

c. By submission of a bid or proposal in response to this solicitation, the Bidder agrees with all of the terms and conditions of SUNY Exhibit A including Clause 12 - Equal Employment Opportunities for Minorities and Women and acknowledges that, if the Bidder is awarded a Contract, The Contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 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, shall undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation.

This requirement does not apply to: (i) work, goods, or services unrelated to the Contract;

or (ii) employment outside New York State.

In response to this section, complete and submit SUNY Equal Employment Opportunities (EEO) Requirements 7557-108 identifying the anticipated work force to be utilized on the Contract. If awarded a Contract, vendor will, upon request, submit to SUNY, a workforce utilization report identifying the workforce actually utilized on the Contract, if known.

Please Note: Failure to comply with the foregoing requirements may result in a finding of non-responsiveness, non-responsibility and/or a breach of the Contract, leading to the withholding of funds, suspension or termination of the Contract or such other actions or enforcement proceedings as allowed by the Contract.

Service-Disabled Veteran-Owned Businesses (SDVOB)

SUNY is committed to the State's policy of encouraging the development of service-disabled veteran-owned businesses (SDVOB). The Service-Disabled Veteran-Owned Business Act (the “Act”) became effective on May 12, 2014, and SUNY has implemented the State's comprehensive plan and operational guidelines to promote SDVOBs and to assist them in obtaining opportunities to participate in the procurement of goods and services by the State. SUNY will employ applicable measures and procedures provided by the Director of the Division of Service-Disabled Veterans' Business Development in the Office of General Services (the "Division"), to ensure that SDVOBs are afforded the opportunity for meaningful participation in the performance of SUNY's contracts and to assist in achieving the Act’s statewide goal for participation on state contracts by SDVOBs. Any contractor who willfully and intentionally fails to comply with the SDVOB participation requirements shall be liable to SUNY for damages, calculated based on costs for administration of SUNY’s SDVOB program.

For additional information please refer to the SDVOB requirements outlined in SDVOB Prospective Bidder’s Notice (Forms 7564-121A, 7564-121B and 7564-121C). A SDVOB Utilization Plan must be submitted with all bids, utilizing Form 7564-107. All Forms are available at:

http://www.suny.edu/sunypp/documents.cfm?doc_id=816.

http://www.suny.edu/sunypp/documents.cfm?doc_id=816

Bidders are encouraged to apply to the Division for certification as a Service-Disabled Veteran- Owned Business, and to provide such documentation necessary to establish their status as such in accordance with the rules of the Director of the Division. For purposes of this solicitation, SUNY hereby establishes an overall goal of 0% for SDVOB participation.

Minority and Women-Owned Business Enterprises (MWBE)

Pursuant to New York State Executive Law Article 15-A, SUNY recognizes its obligation under the law to promote opportunities for maximum feasible participation of certified minority- and women-owned business enterprises and the employment of minority group members and women in the performance of SUNY contracts. For purposes of this solicitation, SUNY hereby establishes an overall goal of 0% for MWBE participation, 0% for Minority-Owned Business Enterprises (“MBE”) participation and 0% for Women-Owned Business Enterprises (“WBE”) participation (based on the current availability of qualified MBEs and WBEs). For additional information please refer to the MWBE requirements outlined in MWBE Prospective Bidder’s Notice (Form 7557-121). For guidance on how SUNY will determine a Contractor’s good faith efforts to utilize certified MWBEs, refer to 5 NYCRR §142.8.

Please note the response forms identified in Form 7557-121 (SUNY MWBE Forms 7557-104 & 7557-

107) must be submitted with all Bids. Forms are available in SUNY Procurement Policies and Procedures Document 7557 online at: http://www.suny.edu/sunypp/documents.cfm?doc_id=61.

Assessment of Diversity Practices

SUNY seeks to engage contractors that have a demonstrated history of hiring, training, developing, promoting and retaining minority group members and women. Under 5 New York Code, Rules and Regulations (NYCRR) Part 141.1(o), diversity practices are the efforts of contractors to include New York State certified MWBEs in their business practices. Diversity practices may include past, present, or future actions and policies, and include activities of contractors on contracts with private entities and governmental units other than the State of New York.

In response to this section, complete and submit Attachment 3, Diversity Practices Questionnaire.

This questionnaire elicits information about each prospective bidder in order to verify that its work environment demonstrates a strong commitment to diversity.

If this solicitation is for the services of an executive search firm, the SUNY Board of Trustees adopted a policy to establish diversity, equity and inclusiveness throughout the SUNY system. Diversity is broadly defined under that policy to include race, ethnicity, religion, sexual orientation, gender, gender identity and expression, age, socioeconomic status, status as a veteran, status as an individual with a disability, students undergoing transition (such as transfer, stop-out, international student acclimation), and first generation students. In furtherance of this policy, all executive search firms are required to provide the following:

• Information about the diversity of your Firm’s staff; and

• The Firm’s success rate in placing diverse candidates.

Certification.

Section 10.8: Subcontracting http://www.suny.edu/sunypp/documents.cfm?doc_id=61

Bidders choosing to utilize the services of subcontractors’ partners, joint venturers or other third parties to meet the scope of services set forth in this IFB, must provide detailed information as part of their proposal. Bidders must comply with the SUNY subcontracting contractual terms as set forth in Section 23, General contract Terms and Conditions, attached and incorporated into this IFB as Exhibit B.

When proposed subcontractor(s) are NYS Certified Minority and/or Women-Owned Business Enterprises (MWBE) firms or NYS Certified Service-Disabled Veteran-Owned Businesses (SDVOB) in compliance with requirements set forth in Section 10.7, the bidder must also complete appropriate forms as described in that section.

In response to this section, bidders must complete and submit Attachment 5: Proposed Subcontractor Information Submission Form, for each proposed subcontractor. Additionally, proposed subcontractors must file the required Vendor Responsibility Questionnaire as set forth in Section 10.1, when applicable. Bidders are encouraged to utilize NYS firms, as set forth in Exhibit D, Proposal Submission Guidelines.

The Contractor shall promptly furnish the following documentation for all subcontractors along with the request:

1. All required insurance documents.

2. Article 19-A Roster of Active Drivers

3. Any company must have a rating of “Satisfactory” per the US DOT SAFER website to be considered.

Section 10.9: General Insurance Requirements

During the term of the awarded contract, the Successful Bidder (Contractor) must obtain and maintain insurance coverage at its own expense as provided in this paragraph, and shall deliver Certificates of Insurance in a form satisfactory to SUNY before commencing any work under this contract.

Certificates shall reference the Contract Number. Certificates of Insurance must indicate the applicable deductible/self-insured retention on each policy. Certificates shall be mailed to: SUNY Polytechnic Institute, Attn: Michaela Costello, 100 Seymour Rd., Utica, NY 13502.

The policies of insurance set forth below shall be written by companies authorized by the New York Department of Financial Services to issue insurance in the state of New York (“admitted” carriers) with an A.M. Best company rating of “A-” or better. Unless otherwise agreed, policies shall be written so as to include a provision that the policy will not be canceled, materially changed, or not renewed without at least thirty (30) days prior written notice except for non-payment as required by law to SUNY Polytechnic Institute, Attn: Michaela Costello, 100 Seymour Rd., Utica, NY 13502.

All insurance policies shall provide that the required coverage shall apply on a primary and not on an excess or contributing basis as to any other insurance that may be available to SUNY for any claim arising from the Successful Bidder’s work under the awarded contract, or as a result of the Successful Bidder’s activities. Any other insurance maintained by SUNY shall be excess of and shall not contribute with the Successful Bidder’s insurance, regardless of any “other insurance” clause contained in any SUNY policy of insurance.

At least two weeks prior to the expiration of any policy required by the awarded contract, evidence of renewal or replacement of policies of insurance with terms no less favorable to SUNY than the expiring policies shall be delivered to SUNY in the manner required for service of Notice under the contract.

A professional liability policy (errors and omissions) in the amount of One Million ($1,000,000), which shall be maintained for a period of three (3) years after completion of this contract. If said policy is issued on a claims-made policy form, the policy shall be purchased with extended Discovery Clause coverage of up to three (3) years after work is completed if coverage is cancelled or not renewed.

Workers Compensation, Disability Benefits and Paid Family Leave coverage for the life of this Agreement for the benefit of employees required to be covered by…