2022-123 RFQ.pdf

University Facilities Design and Construction

Request for Qualifications

Statler Commissary Replace Windows, Loading Dock Doors and Upgrade HVAC in Kitchen 120

2022-123

September 22, 2026

119 John Beane Center Buffalo, New York 14260

Nicholas Alba

Statler Commissary Window, Loading Dock Doors and and Kitchen 120 HVAC Upgrade Project # 2022-123

26AJB0050

Page 2 of 26 SUNY Procedure 7555; Form 7555-01 November 2025

Table of Contents 1 Request for Qualifications ........................................ Error! Bookmark not defined.

2 Instructions ............................................................... Error! Bookmark not defined.

2.1 Format of Proposal and Statement of Qualifications ......... Error! Bookmark not defined.

2.2 Pre Bid Meeting .................................................. Error! Bookmark not defined.

2.3 RFQ Process and Evaluation Criteria ................ Error! Bookmark not defined.

2.4 References ......................................................... Error! Bookmark not defined.

2.5 Additional Information ........................................ Error! Bookmark not defined.

3 Scope of Services .................................................... Error! Bookmark not defined.

3.1 Background ........................................................ Error! Bookmark not defined.

3.2 Available Data .................................................... Error! Bookmark not defined.

3.3 Scope of Services .............................................. Error! Bookmark not defined.

3.4 Program Budget ................................................. Error! Bookmark not defined.

3.5 Basic Design Fee ............................................... Error! Bookmark not defined.

3.6 Subconsultant Staffing ....................................... Error! Bookmark not defined.

3.7 Time of Completion Schedule ............................ Error! Bookmark not defined.

4 General Conditions .................................................. Error! Bookmark not defined.

4.1 Additional Terms & Conditions ........................... Error! Bookmark not defined.

4.1.1 Vendor Debriefing ........................................ Error! Bookmark not defined.

4.1.2 Proposal/Qualifications Confidentiality ........ Error! Bookmark not defined.

4.1.3 Information Security Breach and Notification Act ........ Error! Bookmark not defined.

4.2 Required Consultant Documentation ................. Error! Bookmark not defined.

4.2.1 Minority & Woman Owned Business Enterprises Participation ............ Error!

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4.2.2 Service Disabled Veteran Owned Business Enterprises Participation . Error!

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4.2.3 Equal Opportunity Requirements

4.2.4 Executive Order 162 (EO162)

4.2.5 Executive Order 177 (EO177)

4.2.6 State Finance Law §§ 139-l

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Page 3 of 26 SUNY Procedure 7555; Form 7555-01

4.2.7 State Finance Law §§ 139-j and 139-k (Forms as defined in SUNY Procedure 7552)

4.2.8 Omnibus Procurement Act of 1992 (Form from SUNY Procedure 7553) .. 16

4.2.9 Encouraging Use of New York State Businesses in Contract Performance

4.2.10 Required Insurance

4.2.11 Vendor Responsibility

4.2.12 State Consultant Services Reporting (OSC Form A and B)

4.2.13 Contract Award Protest Procedure .............. Error! Bookmark not defined.

4.3 Additional Terms & Conditions ........................... Error! Bookmark not defined.

5 Attachments ............................................................. Error! Bookmark not defined.

5.1 Terms and Conditions ........................................ Error! Bookmark not defined.

5.2 Minority and Women Owned Business Enterprise Requirements .............. Error!

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5.3 Service Disabled Veteran-owned Business Enterprise Requirements ....... Error!

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5.4 Required Consultant Documentation Forms ...... Error! Bookmark not defined.

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Page 4 of 26 SUNY Procedure 7555; Form 7555-01

1 Request for Qualifications The University at Buffalo is seeking statements of qualifications from consultant to provide design and construction administration services replace existing exterior windows and overhead doors, and provide cooling to kitchen 120 of Statler Commissary building.

Responses to this Request for Qualifications (RFQ) shall include a Letter of Interest, Qualification Statement, Consultant Questionnaire, and any other required information and shall be returned by October 20, 2026 by 10:00 A.M. via the eProcurement System Jagger.

Anticipated effective start date is 04/09/2027. Anticipated completion date is 10/26/2029.

This RFQ and any subsequent addendums associated with this RFQ shall be accessed on the New York State Contract Reporter website https://www.nyscr.ny.gov/ See 2.

Instructions Item 1 below for additional information.

The terms “Request for Qualifications”, “RFQ”, and “Proposals” are used interchangeably throughout this document.

2 Instructions Proposals are due by 10/19/2026. Please note: the terms “contract” and “agreement” are used interchangeably throughout this document. Offeror must:

1. Review the Scope of Services to ascertain the type of work, the project timetable, the project budget (if applicable), and other pertinent information. This RFQ and any and all addendums to this RFQ shall be posted only through the New York State Contract Reporter website. Potential Consulting Firms are required to “bookmark” the advertisement and choose “watch for updates”. In the event an addendum is issued an email will be sent automatically by the Contract Reporter system which asks the requestor to revisit the advertisement on the website and access any addendums.

https://www.nyscr.ny.gov/ and and Kitchen 120 HVAC Upgrade

Page 5 of 26 SUNY Procedure 7555; Form 7555-01

2. Review Consultant Questionnaire attached to this document. Prepare a clearly readable document. Attach all required information and support material as may be deemed relevant to support your firm’s anticipated selection for the type of work described in the Scope of Services.

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

4. Sign the Consultant Questionnaire. By signing you indicate full knowledge and acceptance of this Request for Qualifications (RFQ) including Exhibits A and A-1.

The proposal must be completed in the name of the proposer, corporate or otherwise, and must be fully and properly executed by an authorized person.

5. Submit one (1) complete set of qualifications via the eProcurement system Jagger

(ShopBlue).

6. Qualifications shall be received by the due date and time listed above. Offerors mailing their qualifications must allow sufficient time to ensure receipt of their proposals by the time specified. Electronically transmitted qualifications will not be accepted. Proposals received after the specified date and time shall be returned unopened.

7. No cost proposals are to be submitted with the qualifications. Cost proposals will be requested only after a consultant selection is made. Fee will be negotiated with the selected Consulting Firm.

2.1 Format of Proposal and Statement of Qualifications

1. All qualifications shall be bound and brief in nature, limited to not exceed 30 pages in length. A “page” is limited to one side of a sheet of paper. The required Consultant Questionnaire (attached to this document) which is two (2) pages in length and any other required form shall not be included in the allowable 30 pages.

Please note that only the prime consultant, or in the case of a joint venture each prime consultant, needs to provide the Consultant Questionnaire. Sub-consultants do not need to provide a Consultant Questionnaire. The qualification format and requirements are listed within that document. The University reserves the right to reject any and all proposals at their sole discretion.

2. Questions concerning this RFQ package shall be addressed in writing via the

Questions Tab within the eProcurement System Jagger (ShopBlue).

2.2 Pre Bid Meeting

Not Applicable and and Kitchen 120 HVAC Upgrade

Page 6 of 26 SUNY Procedure 7555; Form 7555-01

2.3 RFQ Process and Evaluation Criteria

RFQ evaluation process is to be conducted per New York State Design Contracting Procedure 7555 revised September 2021. Firms shall be evaluated based on information included in their RFQ submittal. Evaluation is based on the following criteria:

Firm qualifications and experience;

Personnel qualifications and experience;

Approach and capability;

Previous experience with work scope specific to the Project scope;

MWBE utilization;

References

2.4 References

Refer to Consultant Questionnaire for reference requirement

2.5 Additional Information

To be considered for a consultant contract, firms and key personnel shall have a minimum of five (5) years’ experience in the design of architectural and/or engineering projects.

The Consultant Questionnaire shall be completed in full and shall include all additional information requested. The University may reject any proposals that are incomplete or incorrect.

Primary Selection Criteria:

a. Principal(s) Experience:

The firm responding to this RFQ shall attest to principal(s) experience in regard to the firm’s ability to fulfill the specifications, terms and conditions included in the Contract that will result from this RFQ.

b. Staffing Ratio/Length of Service:

The firm responding to this RFQ shall indicate size of firm, availability and length of service of firm personnel including required consultants and staff associated with fiscal responsibility.

c. State Agency Experience:

The firm responding to this RFQ shall include years of experience related to work described in this RFQ for New York State Agencies for projects of similar scope. Similar project references including contact information for past performance, if any, under contract with any New York State Agencies. If none, past performance with other state agencies with similar consulting and construction law shall be taken under consideration.

Prior working knowledge of New York State consulting and construction rules and regulations is desirable.

d. Prior SUNY/Educational Experience:

The firm responding to this RFQ shall include years of experience related to work described in this RFQ for projects of similar scope and similar project references including contact information for past performance, if any, under a contract(s) with State University of New York (SUNY) schools and/or the State University Construction Fund (SUCF). If none, past performance with other colleges or universities shall be taken under and and Kitchen 120 HVAC Upgrade

Page 7 of 26 SUNY Procedure 7555; Form 7555-01 consideration. Prior working knowledge of New York State consulting and construction rules and regulations is desirable.

e. Design/Technical Experience:

Firms responding to this RFQ shall attest to design and technical staff experience in regard to the firm’s ability to fulfill the specifications and terms and conditions included in the Contract that will result from this RFQ. LEED Certified staff is desirable.

f. MBE-WBE Status/Staffing:

New York State certified or recognized minority-owned (MBE) and women-owned (WBE) firm or the ratio of total number of employees in the firm in relation to the number of employees that are minorities or women.

g. Other (e.g. Licenses) Other value-added licenses or qualifications that may be considered by the University in regard to award of the Contract resulting from information included in the RFQ.

3 Scope of Services

3.1 Background

Statler Commissary is a 57,333 square foot facility built in 1976 and serves as the main food distribution center for UB's Dining services. Other occupants have been added as food services become increasingly distributed throughout the campuses.

The kitchen within the Statler Commissary experiences excessive heat-build up in the summer and requires additional cooling to maintain normal temperatures.

3.2 Available Data

The University will provide, when available and appropriate, architectural, mechanical, plumbing, and electrical drawings, related prior studies, surveys, and other information that would aid the consultant in doing their work. The consultant shall field verify the information provided and create base plans for the proposed work.

3.3 Scope of Services

The services indicated below shall include, but not be limited to the following:

• Replace all existing exterior windows with energy efficient aluminum framed fixed windows

• Replace overhead doors and provide screens

• Replace overhead door curtains

• Replace deteriorated caulk joints in exterior precast panel cladding entire building

• Replace existing fin tube radiant heat where it interfaces with window replacement

• Remove and replace ceiling systems to accommodate HVAC modifications.

• Remove, consolidate and replace current kitchen hoods, conditioning of makeup air will be determined during design

• Provide cooling and associated ductwork to kitchen areas 120-120E, 122 and 123.

and and Kitchen 120 HVAC Upgrade

Page 8 of 26 SUNY Procedure 7555; Form 7555-01

• Replace existing single zone AHU-2 unit with new zoned variable speed unit.

• Replace building chilled water entrance to mezzanine mechanical room.

• Reconfigured chilled water piping, replace pumps and controls to accommodate existing AHU cooling, new AHU-2 cooling and existing cooler/freezer water cooled condensing units.

• Increase buried chilled water supply and return piping from chilled water valve station located outside of building.

• New electrical connections for new and existing equipment and cooling components.

• Provide phasing and logistics plan to support and provide cooking and maintenance operations of the occupied building during all phases of construction.

• Hazardous material abatement.

The selected consultant will be required to investigate, evaluate, and provide code compliant renovation design and construction documents for the scope of the project outlined in 3.1:

• Life safety protection, including egress, fire protection, fire alarm, and related measures required to support building occupancy during construction.

• Replacement of exterior windows and precast panel sealant.

• Replacement of fin tube radiant heat where it interfaces with the exterior window replacement.

• Overhead door and air curtain replacement.

• Evaluate, consolidate, and replace existing kitchen hoods as required to improve overall exhaust and makeup air system efficiency and performance.

• Provide cooling and associated ductwork to kitchen room 120-120E,122, and 123.

• Replace single zone AHU-2 with new zoned variable speed unit.

• Modify existing chilled water infrastructure to accommodate new cooling.

• Electrical connections for new cooling infrastructure.

• Phasing and logistics plan to support cooking and maintenance operations of the occupied building during construction.

The consultant will also provide hazardous materials testing, reports and abatement design.

The scope of services will follow the State of New York Consultant Agreement (for construction projects) and SUCF directives.

Consultant services are to include full architectural and engineering services for the following design and construction phases:

• Program Phase

• Schematic Design Phase o Cost Estimate

• Design Manual Phase o Cost Estimate

• Construction Document Phase and and Kitchen 120 HVAC Upgrade

Page 9 of 26 SUNY Procedure 7555; Form 7555-01 o Cost Estimate

• Construction Phase

Documentation of the buildings existing conditions in order to evaluate and assess code compliance, egress paths, ADA compliance, systems infrastructure, materials conditions etc. will be required.

Additional Scope:

Where possible and practicable, project design shall include “Sustainability (Green) Design” features and energy efficient equipment. All term consultants shall use the University’s High Performance Building Guidelines Manual.

Here is another comprehensive list that may help:

• Become familiar with existing conditions and available information.

• Perform a topographic survey including elevations, above ground features and utility locations of the proposed site in sufficient detail to allow a complete design.

• Provide full architectural and engineering services including programming, schematic design, design manual, construction documents and services during construction.

• Provide assistance during the schematic design phase in selecting the facility’s location.

• Provide up to three (3) schematic designs for University review and selection.

• Provide six (6) photo realistic renderings to be used by the University for fund raising and other promotions.

• Design a complete telecommunications system to include, but not limited to, telecommunications pathways, spaces, grounding and bonding system, premise and OSP cabling. The telecommunications design shall follow the University’s telecommunications requirements and guide specifications. It will also connect to the existing telecommunication systems. The design shall be reviewed and sealed by a BICS certified RCDD .

• Perform a geotechnical subsurface investigation and geotechnical engineering analysis with recommendations for adequately supporting the proposed buildings and facilities.

• Provide assistance in the selection of: furniture, fixtures and equipment (FFE);

graphics; and audio/video equipment and software. This shall include: determining what is needed to meet the building’s intended functions; researching and advising of available options; preparing the required documents for bidding and procuring FFE, graphics and AV; reviewing submittals to ensure the proposed items meet or exceed the bidding documents; and inspecting FFE, graphics and AV before final vendor payments. While some FFE, graphics and AV will likely be included in the construction documents, much if not all may be procured separately using NYS OGS contracts where available and applicable. Design should be based on product lines that are currently on NYS OGS contracts. The link to view current NYS OGS contracts is https://www.ogs.state.ny.us/purchase/spg/lists/commodty.asp https://www.ogs.state.ny.us/purchase/spg/lists/commodty.asp and and Kitchen 120 HVAC Upgrade

Page 10 of 26 SUNY Procedure 7555; Form 7555-01

• Prepare construction documents so that they comply with New York State’s Wicks Law and provide Construction Administration for four prime contracts.

• Design the site surrounding the facility to fully integrate it into the Campus.

• Where possible and practicable, project design shall include “Sustainability

(Green) Design” features and energy efficient equipment.

• Program verification.

• Preliminary layouts; concept design; schematic design; design development;

construction documents.

• Code review.

• Cost estimates at the completion of the Scope Phase and at 30%, 60%, and 90% of design.

Construction administration

Deliverables:

The consultant shall provide the deliverables specified in Article I of the Consultant Agreement. Typically this shall include, but is not limited to:

• Plans and specifications sealed by a design professional licensed to practice in the State of New York.

• Topographic survey

• Soils report and geotechnical analysis and recommendations

• Schematic designs

• Photo realistic renderings

• A set of plans and specifications for bidding.

• As-built drawings.

• A flash drive containing all reports, photographs, specifications, drawings and as-built drawings prepared for the project. Drawings shall be in AutoCAD 2014 format and shall be prepared using Design and Construction AutoCAD standards (modified AIA layering convention). Reports and specifications shall be in Microsoft Word.

• Staffing plan/work force utilization report indicating M/WBE participation.

3.4 Program Budget

Construction: $6,548,160.00

3.5 Basic Design Fee

Fee shall be negotiated with the most qualified consultant.

3.6 Subconsultant Staffing

The consultant shall provide a subconsultant staffing list using Form 7555-15, 7555-16 or 7555-17. This subconsultant staffing list shall include the percent of work to be completed by each subconsultant and indicate whether each subconsultant is a Minority or Women Owned Business and/or SDVOB.

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Page 11 of 26 SUNY Procedure 7555; Form 7555-01

3.7 Time of Completion Schedule

• RFQ advertised: 09/28/2026

• SOQ due by: 10/20/2026 by 10:00 A.M.

• Consultant Shortlist: 10/26/2026 (estimated)

• Consultant Interviews: On or around 11/12/2026

• Consultant selected on or about: 11/30/2026

• Complete design: 11/2027

• Advertise for bids: 12/2027

• Receive bids: 01/2028

• Construction start: 05/2028

• Construction completion: 10/2029

4 General Conditions The following items will be incorporated into, and made part of, the formal agreement: (1) SUNY’s RFQ; (2) the Successful Offeror's proposal; (3) Exhibit A, Standard Contract Clauses; (4) Exhibit A-1, Affirmative Action Clauses; and, (5) Exhibit B, Procurement Lobbying Form.

In the event of any inconsistency in or conflict among the document elements of the agreement described above, such inconsistency or conflict shall be resolved by giving precedence to the document elements in the following order: (1) Exhibits A and A-1; (2) Exhibit B, (3) the Agreement; (4) this RFQ; and (5) the Successful Offeror's proposal.

4.1 Additional Terms & Conditions

4.1.1 Vendor Debriefing

Upon notification of the selection and award of a contract unsuccessful offerers may request in writing a debriefing of the results of their response to this solicitation. Requests for debriefing must be received within a reasonable timeframe, not more than 30 days after notice of award.

4.1.2 Proposal/Qualifications Confidentiality

All proposals and qualifications submitted for SUNY’s consideration will be held in confidence. However, the resulting contract is subject to the New York State Freedom of Information Law (FOIL). Therefore, if an Offeror believes that any information in its proposal constitutes a trade secret or should otherwise be treated as confidential and wishes such information not to be disclosed the Offeror shall submit with its proposal a separate letter to the designated contact. The letter shall specifically identify the page number(s), line(s) or other appropriate designation(s) containing such information, explaining in detail why such information is a trade secret and formally requesting that such information be kept confidential. Failure by an Offeror to submit such a letter will and and Kitchen 120 HVAC Upgrade

Page 12 of 26 SUNY Procedure 7555; Form 7555-01 constitute a waiver by the Offeror of any rights it may have under Section 89(5) of the Public Officers' Law relating to protection of trade secrets.

The proprietary nature of the information designated confidential by the Offeror may be subject to disclosure if ordered by a court of competent jurisdiction. A request that an entire proposal be kept confidential is not advisable since a proposal cannot reasonably consist of all data subject to FOIL proprietary status.

4.1.3 Information Security Breach and Notification Act

The Offeror shall comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law Section 899-aa and State Technology Law, Section 208). The Offeror shall be liable for the costs associated with such breach if caused by its negligent or willful acts or omissions, or the negligent or willful acts or omissions of its agents, officers, employees or subcontractors.

4.2 Required Consultant Documentation

4.2.1 Minority & Woman Owned Business Enterprises Participation 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 30% for MWBE participation, 16% for Minority-Owned Business Enterprises (“MBE”) participation and 14% 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 the Prospective Bidders Notice (Form 7557-121c) and Exhibit A-1. Documentation required with the submittal of qualifications includes a/an Subconsultant Staffing List (Forms 7555-15, 16 or 17).and the consultant’s EEO policy statement (or Form 7557-104 MWBE-EEO Policy Statement).

Upon contract award and prior to contract execution the selected awardee will upload its Subconsultant Staffing List to the Statewide Utilization Management Plan (SUMP) and document its good faith efforts to achieve the applicable MWBE participation goals by submitting evidence through the New York State Contract System, which can be viewed at: http://ny.newnycontracts.com, provided however, that the selected awardee may arrange to provide such evidence via a non-electronic method approved by the University.

4.2.2 Service Disabled Veteran Owned Business Enterprises Participation Consistent with the State University of New York (SUNY) ’s commitment and in accordance with Article 17-B of the New York State Executive Law, contractors are required to ensure that good faith efforts are made to include meaningful participation by https://www.suny.edu/sunypp/lookup.cfm?lookup_id=856 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=775 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=776 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=777 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=615 and and Kitchen 120 HVAC Upgrade

Page 13 of 26 SUNY Procedure 7555; Form 7555-01

Service Disabled Veteran-Owned Business in SUNY’s MWBE Program. The requirements apply to contracts in excess of $25,000.

To ensure that SDVOB Enterprises are afforded the opportunity for meaningful participation in the performance of the University’s contracts, and to assist in achieving the SDVOB Act's statewide goal for participation on state contracts the University hereby establishes an overall goal of 6% for SDVOB participation for this solicitation.

For additional information please refer to the SDVOB requirements outlined in the Prospective Bidders Notice (Form 7557-121c). Documentation required with the submittal of qualifications includes a Subconsultant Staffing List (Form 7555-15).

4.2.3 Equal Opportunity Requirements

Pursuant to Article 15 of the Executive Law (the "Human Rights Law"), and 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.

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.

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.

https://www.suny.edu/sunypp/lookup.cfm?lookup_id=858 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=775 and and Kitchen 120 HVAC Upgrade

Page 14 of 26 SUNY Procedure 7555; Form 7555-01

The Bidder further agrees, where applicable, to submit with the bid an EEO staffing plan (Form 7557-108) identifying the anticipated work force to be utilized on the Contract and, if awarded a Contract, will, upon request, submit to SUNY a workforce utilization report identifying the workforce actually utilized on the Contract if known. Forms are available in SUNY Procurement Policies and Procedures Document 7557 online at:

http://www.suny.edu/sunypp/documents.cfm?doc_id=611.

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.

4.2.4 Executive Order 162 (EO162)

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.

4.2.5 Executive Order 177 (EO177)

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 it does not have institutional policies or practices that fail https://www.suny.edu/sunypp/lookup.cfm?lookup_id=621 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=627 and and Kitchen 120 HVAC Upgrade

Page 15 of 26 SUNY Procedure 7555; Form 7555-01 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. All Bidders must sign and submit the certification attached to this IFB, SUNY Form 7555-18.

4.2.6 State Finance Law §§ 139-l

(1) Pursuant to N.Y. State Finance Law §139-l, every bid made on or after January 1, 2019 to the State of 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.

(2) 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 prevent policy and sexual harassment 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.

(3) 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.

(4) 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 may decide that there are sufficient reasons to accept the bid without such certification.

(5) All Bidders must sign and submit the certification attached to this IFB, SUNY Form 7555-18.

4.2.7 State Finance Law §§ 139-j and 139-k (Forms as defined in SUNY Procedure 7552)

State Finance Law §§139-j and 139-k imposes certain restrictions on communications between a Governmental Entity and an Offeror during the procurement process. During the restricted period the Offeror is restricted from making contacts to other than designated contact unless it is a contact that is included among certain statutory https://www.suny.edu/sunypp/lookup.cfm?lookup_id=889 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=889 and and Kitchen 120 HVAC Upgrade

Page 16 of 26 SUNY Procedure 7555; Form 7555-01 exceptions set forth in State Finance Law §139-j(3)(a). The restricted period is from the earliest notice of intent to solicit offers through final award and approval of the Contract.

The designated contact for this procurement is Amanda Brandis abrandis@buffalo.edu

SUNY employees and their designated representatives are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Offeror pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a 4 year period the Offeror is debarred from obtaining government procurement contracts.

4.2.8 Omnibus Procurement Act of 1992 (Form from SUNY Procedure 7553) 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 and a directory of minority and women-owned business enterprises is available from:

Empire State Development Division for Small Business One Commerce Plaza Albany, NY 12210 Phone: 1-800-782-8369

4.2.9 Encouraging Use of New York State Businesses in Contract Performance New York State businesses have a substantial presence in SUNY contracts and strongly contribute to the economies of New York and the nation. In recognition of their economic activity and leadership in doing business in New York State, bidders/proposers/contractors for this contract for commodities, services or technology are strongly encouraged and expected to consider New York State businesses in the fulfillment of the requirements of the contract. Such partnering may be as subcontractors, suppliers, protégés or other supporting roles.

Bidders/proposers/contractors need to be aware that to the maximum extent practical and consistent with legal requirements, they are strongly encouraged to use responsible and responsive New York State businesses in purchasing commodities that are of equal quality and functionality and in utilizing services and technology. Furthermore, bidders/proposers/ contractors are reminded that they must continue to utilize small, minority and women-owned businesses, consistent with current State law.

Utilizing New York State businesses in SUNY contracts will help create more private sector jobs, rebuild New York’s infrastructure, and maximize economic activity to the mutual benefit of the contractor and its New York State business partners. New York State businesses will promote the contractor’s optimal performance under this contract, thereby fully benefiting the public sector programs that are supported by associated mailto:abrandis@buffalo.edu and and Kitchen 120 HVAC Upgrade

Page 17 of 26 SUNY Procedure 7555; Form 7555-01 procurements.

Public procurements can drive and improve the State’s economic engine through promotion of the use of New York businesses by its contractors. SUNY therefore expects bidders/proposers to provide maximum assistance to New York businesses in their use of the contract. The potential participation by all kinds of New York businesses will deliver great value to New York State and its taxpayers.

Bidders/proposers can demonstrate their commitment to the use of New York State businesses by responding to the question “Will New York State Businesses be used in the performance of this contract?” on the

4.2.10 Required Insurance

Prior to the commencement of work the Successful Offeror will provide, at its sole cost and expense, Certificates of Insurance in accordance with Article VII of the Consultant Agreement, which shall remain in force throughout the term of the agreement, or any extension thereof. Such Certificates of Insurances shall be from an insurance company licensed by the New York State Department of Insurance with a rating of at least "A-" as published with Standard & Poor's, and a liability insurance policy with limits no less than $1,000,000 per claim. If during the term of the policy, the carrier's rating falls below "A-", the liability insurance must be replaced no later than the renewal date of the policy with an insurer acceptable to the State of New York. Such policies shall name the STATE UNIVERSITY OF NEW YORK as an additional insured. The policy shall designate the State University of New York as the loss payee and shall contain a provision that the State University of New York shall receive at least thirty (30) days notice prior to material change, cancellation or expiration of any such policy.

Workers Compensation Insurance & Disability Benefits Coverage All employees of the Successful Offeror shall be adequately and properly covered by Workers' Compensation Insurance and Disability Benefits coverage for all work related to the resultant contract. Such policies shall name the STATE UNIVERSITY OF NEW YORK as an additional insured and are to be written by recognized and well-rated insurance companies authorized to transact business in the State of New York. The Successful Offeror shall deliver certificates of such coverage, or proof that such coverage is not required, in the required format, as required by the Workers' Compensation Board, to the following when the agreement is signed by the parties and thereafter not less than thirty (30) days prior to material change or cancellation of such coverage. Proof of NYS Worker’s Compensation is only accepted on the C-105.2 or U-26.3 form. Proof of Disability insurance is only accepted on the DB-120.1 form.

4.2.11 Vendor Responsibility

SUNY recommends that vendors file the required Vendor Responsibility Questionnaire online via the New York State VendRep System. To enroll in and use the New York State VendRep System, see the VendRep System Instructions available at https://www.osc.state.ny.us/state-vendors/vendrep/vendrep-system.

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Vendors must provide their New York State Vendor Identification Number when enrolling.

To request assignment of a Vendor ID or for VendRep System assistance, contact the Office of the State Comptroller’s Help Desk at 866-370-4672 or 518-408-4672 or by email at ciohelpdesk@osc.state.ny.us.

Vendors opting to complete and submit a paper questionnaire can obtain the appropriate questionnaire from the VendRep website www.osc.state.ny.us/vendrep or may contact SUNY or the Office of the State Comptroller’s Help Desk for a copy of the paper form.

4.2.12 State Consultant Services Reporting (OSC Form A and B) Chapter 10 of the Laws of 2006 amends State Finance Law §§ 8 and 163 by requiring that contractors annually report certain employment information to the contracting agency, the Department of Civil Service (DCS) and Office of the State Comptroller (OSC).

As a result of these changes in law, State contractors will be required to disclose, by employment category, the number of persons employed to provide services under a contract for consulting services, the number of hours worked and the amount paid to the contractor by the State as compensation for work performed by these employees. This will include information on any persons working under any subcontracts with the State contractor.

This is a two-step process. The first step, Form A is to be submitted with the Consultants’ fee proposal; the State Consultant Services Contractor’s Planned Employment From Contract Start Date Through the End of the Contract Term (OSC Form A). The completed form must include information for all employees providing service under the contract whether employed by the contractor or a subcontractor. Please note that the form captures the necessary planned employment information prospectively from the start date of the contract through the end of the contract term.

The second step is the completion and filing of State Consultant Services Contractor’s Annual Employment Report (OSC Form B), which is to be used to report the annual / actual information. Please note that, in contrast to the information to be included on Form A, which is a one-time report of planned employment data for the entire term of a consulting contract on a projected basis, Form B will be submitted each year the contract is in effect and will capture historical information, detailing actual employment data for the most recently concluded State fiscal year (April 1 – March 31). The legislation mandates that the annual employment reports are to be submitted by the contractor to the contracting agency, to OSC and to the Department of Civil Service. Annual reports are due May 1.

Form A and Form B shall be completed for contracts for consulting services in accordance with the following:

Scope of Contract (Form B only): a general classification of the single category that best fits the predominate nature of the services provided under the contract.

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Employment Category: the specific occupation(s), as listed in the O*NET occupational classification system, which best describe the employees providing services under the contract. (Note: Access the O*NET database, which is available through the US Department of Labor’s Employment and Training Administration, on-line at online.onetcenter.org to find a list of occupations.)

Number of Employees: the total number of employees in the employment category employed to provide services under the contract during the Report Period, including part time employees and employees of subcontractors.

Number of hours (to be) worked: for Form A, the total number of hours to be worked, and for Form B, the total number of hours worked during the Report Period by the employees in the employment category.

Amount Payable under the Contract: the total amount paid or payable by the State to the State contractor under the contract, for work by the employees in the employment category, for services provided during the Report Period.

By submitting Qualifications for consideration on this project you are agreeing to comply with the requirements Chapter 10 of the Laws of 2006.

4.2.13 Contract Award Protest Procedure

This procurement is subject to SUNY Procedure Item 7561, Contract Award Protest Procedure.

4.3 Additional Terms & Conditions

1. The terms and conditions of the State University of New York Consultant Contract Form 7555-10 shall apply, and is provided as an attachment to this

RFQ.

2. Consultant’s Terms: The Consultant’s standard terms and conditions will not be considered relevant to their proposal or the contract, and should not be included with their proposal. Any additional Consultant terms and conditions which are attached or referenced with Consultant’s proposal shall not be considered part of the qualifications or proposal, but shall be deemed included for informational purposes only. No extraneous terms will be incorporated into an agreement unless approved in writing by the Office of General Counsel. Acceptance and/or processing of a proposal shall not constitute acceptance of the extraneous terms.

3. The resulting agreement shall be binding upon its execution by both parties and, if required by New York State law, upon the approval of the Attorney http://online.onetcenter.org/ http://www.suny.edu/sunypp/documents.cfm?doc_id=699 http://www.suny.edu/sunypp/documents.cfm?doc_id=699 and and Kitchen 120 HVAC Upgrade

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General and the Office of the State Comptroller.

4. The agreement may be revised at any time upon mutual consent of the parties in writing. Such written consent will not be effective until signed by both parties and, if required by New York State law, approved by the Attorney General and the Office of the State Comptroller.

5. The relationship of the Successful Offeror to SUNY shall be that of independent consultant.

6. Compliance with the post-employment restrictions of the Ethics in Government Act is required.

7. The submission of a proposal constitutes a binding offer to perform and provide said services.

8. In the event the Successful Offeror uses partners, subcontracts or subcontractors, the Successful Offeror will remain responsible for compliance with all specifications and performance of all obligations under the contract resulting from this RFQ. For the resulting agreement, the Successful Offeror will be the prime contractor.

9. SUNY will not be liable for any costs associated with the preparation, transmittal, or presentation of any proposals or materials submitted in response to this RFQ.

10. Public announcements or news releases regarding this RFQ or any subsequent award of a contract must not be made by any offeror without the prior written approval of SUNY.

11. The Successful Offeror(s) is responsible for compliance with all applicable rules and regulations pertaining to cities, towns, counties and State where the services are provided, and all other laws applicable to the performance of the resulting contract. The Successful Offeror shall provide all necessary safeguards for safety and protection as set forth by the United States Department of Labor, Occupational Safety and Health Administration.

12. The Successful Offeror will be responsible for the work, direction and compensation of its employees, consultants, agents and contractors.

Nothing in the resulting agreement or the performance thereof by the Successful Offeror will impose any liability or duty whatsoever on SUNY including, but not limited to, any liability for taxes, compensation, commissions, Workers' Compensation, disability benefits, Social Security, or other employee benefits for any person or entity.

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13. In the event the Successful Offeror is required to be reimbursed for travel, Offeror shall be reimbursed at rates not to exceed the current NYS Schedule of Allowable Reimbursable Travel Expenses. Refer to the U.S. Government Administration Rates for Travel at: http://www.gsa.gov

SUNY reserves the right to:

1. Not accept any and all proposals received in response to this RFQ.

2. To terminate any resulting contract for: (1) unavailability of funds; (2) cause;

(3) convenience; (4) in the event it is found that the certification filed by the Offeror in accordance with State Finance Law §§139-j and 139-k are found to be intentionally false or intentionally incomplete; and if applicable, the Department of Taxation and Finance Contractor Certification Form ST- 220CA was false or incomplete.