2025-09 SUNY Schenectady Legal Services -Final.pdf

PROCUREMENT:

SUNY Schenectady County Community College

Legal Services

PROCUREMENT NUMBER:

RFP 2025-09

RELEASE DATE:

July 28, 2025

DUE DATE/TIME:

September 5, 2025, 2:00 p.m.

SUNY Schenectady County Community College (SUNY Schenectady) reserves the right to postpone, withdraw, discontinue, or cancel this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments, as it may deem appropriate. Receipt of proposal materials by SUNY Schenectady or submission of a proposal to SUNY Schenectady confers no rights upon the proposer nor obligates SUNY Schenectady in any manner.

SUNY Schenectady reserves the right to waive non-material irregularities in proposals, if such action is in its best interest. Any such waiver shall not modify remaining RFP requirements or excuse the proposer from full compliance with the RFP specifications and other contract requirements if the proposer is awarded the contract.

TIMETABLE OF KEY EVENTS

RFP Release Date July 28, 2025 Pre-Proposal Teleconference via Teams (Highly Recommended)

August 12, 2025, 2:00 p.m.

Deadline for Submission of Bidder Questions August 19, 2025, 2:00 p.m.

Issuance of Response to Bidder Questions August 22, 2025

DEADLINE FOR SUBMISSION OF BIDS

September 5, 2025, 2:00 p.m.

Presentation from finalist(s) Week of September 22, 2025 Finalist Recommendation Presented to the Board of Trustees

October 20, 2025

Anticipated Contract Award October 21, 2025 Anticipated Commencement of Project Services January 1, 2026

SUNY Schenectady Legal Services, RFP 2025-09 Page 2 of 39

CONTENTS

TIMETABLE OF KEY EVENTS

NON-BIDDER’S RESPONSE

1. INTRODUCTION

2. PURPOSE

4. GENERAL COMMENTS

5. PRE-PROPOSAL TELECONFERENCE

6. CLARIFICATION OF PROPOSAL

7. ADDENDA

8. PROPOSAL DEADLINE

9. DISCLAIMERS

10. ERRORS IN THE RFP

11. QUESTIONS REGARDING THE RFP

12. DEBRIEFING OF UNSUCCESSFUL BIDDERS

13. NOTIFICATION TO FIRMS SUBMITTING PROPOSALS

14. REJECTION OF PROPOSALS

15. WITHDRAWAL AND RESUBMISSION/MODIFICATION OF PROPOSALS

16. AWARD AND EXECUTION OF CONTRACT

17. NOTICE

18. CONFIDENTIALITY AND PUBLICITY /NONDISCLOSURE

19. USE AND RELEASE OF BIDDER SUBMISSIONS

20. BID SUBMISSION FORMAT

21. PROPOSAL CONTENT AND ORGANIZATION

22. FREEDOM OF INFORMATION LAW (FOIL)

23. BILLING & PAYMENT

24. TERMS AND CONDITIONS

SCHEDULE 1: SCOPE OF SERVICES

SCHEDULE 2: PROPOSAL FORMAT AND ORGANIZATION

TECHNICAL PROPOSAL

COST PROPOSAL

SCHEDULE 3: EVALUATION CRITERIA

COST EVALUATION (20 points)

TECHNICAL EVALUATION - Level 1 Review – (80 points)

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LEVEL 2 REVIEW: Oral Presentations

EXHIBIT A: COST PROPOSAL

EXHIBIT B: CONFLICT OF INTEREST STATEMENT

EXHIBIT C: NON-COLLUSIVE BIDDING CERTIFICATION

EXHIBIT D: RESOLUTION AUTHORIZING SIGNATURES

EXHIBIT E: IRANIAN ENERGY SECTOR DIVESTMENT

EXHIBIT F: PERSON AUTHORIZED TO RECEIVE NOTICE

EXHIBIT G: REFERENCES

EXHIBIT H: RECEIPT OF ADDENDA

EXHIBIT I: HYPOTHETICAL FACT PATTERN

EXHIBIT J: LEGAL SERVICES CONTRACT

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LEGAL NOTICE

SUNY Schenectady County Community College

Legal Services, RFP 2025-09

Request for Proposals

SUNY Schenectady County Community College is accepting proposals from qualified contractors to provide Legal Services for the College. Proposals shall cover all labor and materials to perform legal services in conformity with the contents of the Request for Proposals.

The Request for Proposals may be downloaded from the BidNet Direct website at:

http://www.bidnetdirect.com/, from the New York State Contract Reporter website at:

https://www.nyscr.ny.gov/, or picked up at the Office of Administration, Elston 502, at 78 Washington Avenue, Schenectady, NY 12305. All proposals must be delivered in a sealed envelope/package and marked “Proposal: RFP 2025-09, Legal Services” no later than 2:00 p.m.

on September 5, 2025, to the following address:

ATTN: Office of Administration Elston Hall, Suite 502 78 Washington Avenue, Schenectady, NY 12305

A pre-proposal conference via Microsoft Teams will be held August 12, 2025, 2:00 p.m.

Those wishing to participate should RSVP to purchasing@sunysccc.edu and access information will be provided.

Woman and minority owned businesses are encouraged to submit proposals. SUNY Schenectady County Community College is an Equal Employment Opportunity employer.

The College reserves the right to reject any and all proposals, and to accept any proposal or proposals as submitted, or as modified, which in the opinion of the College will be in the best interest of the College.

Dated: July 28, 2025 Office of Administration SUNY Schenectady County Community College

78 Washington Avenue Schenectady, NY 12305 http://www.bidnetdirect.com/ https://www.nyscr.ny.gov/ mailto:purchasing@sunysccc.edu

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CONTRACTOR NAME: __________________________________________________

NON-BIDDER’S RESPONSE

For the purpose of facilitating your firm’s response to our request for proposal, SUNY Schenectady County Community College is interested in ascertaining reasons for prospective bidder’s failure to respond to “Request for Proposal.” If your firm is not responding to this bid, please indicate the reason(s) by checking any appropriate item(s) below and return this form to:

Office of Administration, SUNY Schenectady County Community College, Elston Hall, Suite 502, 78 Washington Avenue, Schenectady, NY 12305 or forward electronically to purchasing@sunysccc.edu with RFP Number 2025-09, Legal Services, “ Non-Bidder Response” in the subject line.

Solicitation Number: RFP 2025-09 ____________________________

We are not responding to this “Request for Proposal” for the following reason(s):

_____ Our services and/or equipment do not meet specifications.

_____ Specifications not clearly understood or applicable (too vague, too rigid, etc.).

_____ We are unable to perform the assignment within the time specified.

_____ Insufficient time allowed for preparation of bid.

_____ OTHER: ______________________________________________________

Thank you for your participation in this bidding process.

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Legal Services, RFP 2025-09

This Request for Proposal does not commit SUNY Schenectady to awarding a Contract. SUNY Schenectady reserves the right to withdraw and/or amend the RFP and to alter the deadline for submission of proposals.

1. INTRODUCTION

SUNY Schenectady County Community College, SUNY Schenectady, created in 1969 by the Schenectady County Legislature, is a public community college within the State University of New York. We offer associate degrees and certificates in liberal arts, science and technology, business, paralegal and criminal justice, music, and hospitality, culinary arts, and tourism. With an annual budget of approximately $28 Million, we are sponsored by the County of Schenectady and governed by a 10-member Board of Trustees appointed by the County and the Governor of the State of New York, with one elected student trustee. Classes, student support services and administrative offices are located at the main campus, at the Center City location in downtown Schenectady, at the Schenectady County Airport, the Kindl Building and 13 State Street, the latter two which are several blocks from our main campus. We employ approximately 600 unionized and non-unionized full and part time employees. More information about SUNY Schenectady can be found at www.sunysccc.edu and http://nces.ed.gov/ipeds/.

2. PURPOSE

SUNY Schenectady County Community College (referred to hereafter as “SUNY Schenectady” and the “College”) is soliciting proposals from all interested law firms to provide legal services.

SUNY Schenectady is looking for firms committed to a preventive law approach. Anticipating potential problems can often reduce or eliminate liability. SUNY Schenectady seeks firms who work with clients to find solutions to problems which best reduce liability exposure.

Responsiveness is important, whether it be in telephone consultation, opinion letters or meetings;

also, expertise that allows for immediate answers to questions, without incurring the cost and delay associated with lengthy research, is desirable.

The successful firm(s) shall perform legal services in a satisfactory manner on an as needed basis. The College’s estimated annual legal services costs range from $75,000 to $225,000 annually depending on projects and circumstances in a given year. All services provided are at the discretion and approval of college leadership. The College reserves the right to award a contract to multiple firms under this Request for Proposal.

Attorney(s) shall be members in good standing with the New York State Bar and qualified to practice in all courts in New York State. Be advised, the successful firm(s) may or may not be the sole legal counsel for SUNY Schenectady; SUNY Schenectady in its sole discretion shall determine what work is to be assigned under the contract(s).

SUNY Schenectady desires to establish new legal services contract(s) before the end of the current contract period so as to ensure that there is no lapse in service. The current contract expires December 31, 2025. However, SUNY Schenectady may continue services under the http://www.sunysccc.edu/ http://nces.ed.gov/ipeds/

SUNY Schenectady Legal Services, RFP 2025-09 Page 7 of 39 current contract on a short-term basis if negotiations on the contract resulting from this RFP are still in progress or if continuation of services best suits the needs of the College. Additionally, any legal proceedings begun during the term of the current legal services provider may be continued to completion by that provider.

Members of the successful firm(s) must be able to communicate with a variety of people from various backgrounds and levels of responsibility within the College. Legal services as required by this proposal will necessitate close communication with the Board of Trustees, President, Executive Vice President of Administration and Finance, Vice Presidents, Director of Human Resources, and other administrative officers. The range of activities conducted by SUNY Schenectady is broad and complex. The successful firm(s) shall have expertise in a variety of areas and be able to deal with various legal problems at many levels, on a virtually daily basis.

The successful firm(s) shall be easily accessible and readily available, either in person or by telephone, to provide consultation and advice as may be appropriate to the situation at hand.

3. DURATION

The expected contract term shall be for three (3) years, with SUNY Schenectady reserving an option to extend the contract for two (2) additional one (1) year terms (Subject to termination language in the final agreement). The contract term shall begin on January 1, 2026.

4. GENERAL COMMENTS

Under no circumstances will SUNY Schenectady be liable for any costs incurred by the proposers in preparation and/or production of a proposal nor for any work performed prior to SUNY Schenectady’s written authorization to proceed on the contract.

The firm(s) selected should be independent and not have any interest that would constitute a conflict of interest involving the Board of Trustees, College employees, employees of the auxiliary services organization, its Foundation, or Schenectady County. The selected firm(s) will be required to disclose any pre-existing relationship with the aforenamed individuals and organizations and with any other colleges.

The selected firm(s) shall not assign, transfer, or subcontract any interest in the legal work performed without the express approval from the College.

The firm(s) shall not discriminate in its hiring practices against any employee or applicant because of age, race, religion, color, gender, sexual orientation, disability, marital status, or national origin; and be able to demonstrate compliance with all applicable hiring laws.

No communication should be had with the Board of Trustees, College employees, employees of the auxiliary services organization, the College Foundation, or Schenectady County concerning this solicitation in any other manner than by written inquiry to purchasing@sunysccc.edu.

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5. PRE-PROPOSAL TELECONFERENCE

A pre-proposal teleconference will be held at the date and time set forth above in the Timetable of Key Events via Microsoft Teams. Participation is highly recommended. Those wishing to attend are asked to RSVP no later than three (3) days prior to the event with the names of those attending by submitting an email to purchasing@sunysccc.edu. Indicate “RFP 2025-09, Pre- Proposal Conference” in the subject line. Please limit the number of attendees to two (2). You will receive access information conference specifics by return email.

Bidders will be afforded the opportunity to learn more about the College’s legal needs and to ask questions concerning this procurement during the conference though responses to questions may be deferred until later. SUNY Schenectady will be bound only by written responses, which will be contained in any addenda to the RFP published following the conference and throughout the time the solicitation remains open.

6. CLARIFICATION OF PROPOSAL

Prior to contract award, SUNY Schenectady may contact a bidder for clarification of any portion of its proposal.

7. ADDENDA

SUNY Schenectady may modify the RFP prior to the date fixed for submission of proposals. If issued, addenda will be published on Bid Net Direct, http://www.bidnetdirect.com/, and the New York State Contract Reporter website at: https://www.nyscr.ny.gov/, If addenda are issued, the Bidder must complete the Receipt of Addenda form, attached hereto.

8. PROPOSAL DEADLINE

Sealed proposals must be submitted in writing to the Office of Administration of SUNY Schenectady County Community College and received by the deadline stated in the timetable above. Any proposal received after this time will not be considered and will be rejected or returned to the proposer. The College reserves the right to postpone the proposal deadline for any reason.

9. DISCLAIMERS

SUNY Schenectady reserves the right to postpone, withdraw, discontinue, or cancel this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments, as it may deem appropriate. Receipt of proposal materials by SUNY Schenectady or submission of a proposal to SUNY Schenectady confers no rights upon the proposer nor obligates SUNY Schenectady in any manner. SUNY Schenectady reserves the right to waive non-material irregularities in proposals, if such action is in its best interest. Any such waiver shall not modify remaining RFP requirements or excuse the proposer from full compliance with the RFP specifications and other contract requirements if the proposer is awarded the contract.

http://www.bidnetdirect.com/ https://www.nyscr.ny.gov/

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10. ERRORS IN THE RFP

If a bidder discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFP, the bidder should immediately notify SUNY Schenectady and request that the RFP be clarified or modified. Without disclosing the source of the request, SUNY Schenectady may modify the document prior to the date fixed for submission of proposals by issuing an addendum and advising all those to whom the RFP was provided.

If prior to the date fixed for submissions, a bidder knows of or should have known of an error in the RFP but fails to notify SUNY Schenectady of the error, the bidder shall bid at its own risk, and if, awarded the contract, shall not be entitled to additional compensation or time by reason of the error or its later correction.

11. QUESTIONS REGARDING THE RFP

Questions regarding this solicitation should be sent to purchasing@sunysccc.edu. All inquiries must include the title and number of the solicitation in the subject line. All questions and answers will be published in the form of an addenda posted to both NYS Contract Reporter and BidNet Direct. No communication should be had with SUNY Schenectady, its employees, agents, or assigns concerning this solicitation in any other manner than by written inquiry to this email address.

Contact with SUNY Schenectady representatives in connection with this RFP may not take place other than as specified in this RFP. Unauthorized direct or indirect contact with any SUNY Schenectady representatives may be cause for rejection of a bid, and disqualification of a vendor from business with the College.

All questions received from Interested Bidders and their answers regarding the RFP will be shared with all bidders known to be interested in submitting a proposal. If a question relates to a proprietary aspect of its proposal and the question would expose proprietary information if disclosed to competitors, the bidder may submit the question in writing, conspicuously marking it as “CONFIDENTIAL.” With the question, the bidder must submit a statement explaining how the question would expose proprietary information. If SUNY Schenectady agrees that the disclosure of the question or answer would expose proprietary information, the question will be answered, and both the question and answer will be kept in confidence. If SUNY Schenectady does not agree regarding the proprietary nature of the question, the question will not be answered in this manner and the bidder will be notified.

12. DEBRIEFING OF UNSUCCESSFUL BIDDERS

Upon request, a debriefing conference will be scheduled with an unsuccessful bidder. The request for a debriefing conference should be sent to purchasing@sunysccc.edu with the words “Request for Debriefing” in the subject line within three (3) business days after the Notification of Unsuccessful Proposal is emailed to the proposer. The debriefing will be held within seven (7)

SUNY Schenectady Legal Services, RFP 2025-09 Page 10 of 39 business days of the request unless otherwise agreed to by the parties. Discussion will be limited to a critique of the requester’s proposal. Comparisons between proposals or evaluations of the other proposals will not be allowed. Debriefing conferences may be conducted in person or on the telephone and will be scheduled for a maximum of one hour.

13. NOTIFICATION TO FIRMS SUBMITTING PROPOSALS

Firms whose proposals have not been selected to advance to Level II review or for award will be notified electronically to the email address provided in the proposal package.

14. REJECTION OF PROPOSALS

SUNY Schenectady reserves the right in its sole discretion to reject any or all proposals in whole or in part, without incurring any cost or liability whatsoever. All proposals will be reviewed for completeness. If a proposal fails to meet material requirements of the RFP, if it is incomplete, or contains irregularities, the proposal may be rejected.

Material deviations may cause a bid to be rejected. SUNY Schenectady may or may not waive an immaterial deviation in a proposal. SUNY Schenectady’s waiver of an immaterial deviation will in no way modify the RFP or excuse a bidder from full compliance with the RFP requirements.

A deviation is “material” if it is not in substantial accord with RFP requirements.

Proposals that contain false or misleading statements may be rejected if, in SUNY Schenectady’s opinion, the information was intended to mislead the college regarding a requirement of the RFP.

15. WITHDRAWAL AND RESUBMISSION/MODIFICATION OF PROPOSALS

A proposal may be withdrawn at any time prior to the deadline for proposal submission by notifying SUNY Schenectady in writing of its withdrawal. The notice must be signed by the Bidder. The Bidder may thereafter submit a new or modified proposal, provided that it is submitted to SUNY Schenectady no later than the deadline. Modifications offered in any other manner, oral or written, will not be considered. Proposals cannot be changed after the deadline.

16. AWARD AND EXECUTION OF CONTRACT

Upon the Board’s acceptance of the recommendation for award, a written notice of intention to award a contract to the Successful Bidder will be sent to bidders.

In no event shall a proposer submit its own standard contract terms and conditions as a response to the RFP. The proposer should address the specific language in the sample contract annexed hereto as Exhibit “J” and submit with their proposal any exceptions that their firm wishes to negotiate in the manner set forth in the RFP. SUNY Schenectady reserves the right to deem certain portions of the contract non-negotiable.

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17. NOTICE

Unless otherwise stated, when written notice is required in this RFP, the notice must be sent by both U.S. mail and by electronic mail, unless otherwise specified by SUNY Schenectady.

Notice to SUNY Schenectady shall be to:

SUNY Schenectady County Community College Office of Administration

78 Washington Avenue, Elston 502

(518) 381-1210, purchasing@sunysccc.edu

Notice to the bidder shall be to the person signing the Bid Proposal. If the bidder desires another or additional person(s) to receive notice, so indicate on the attached form. (Exhibit F)

18. CONFIDENTIALITY AND PUBLICITY /NONDISCLOSURE

The Successful Bidder recognizes that it will be receiving confidential information and will retain all information provided by SUNY Schenectady in the strictest confidence and will neither use it nor disclose it to anyone other than employees requiring the information to perform services under this agreement, without prior written consent of SUNY Schenectady. SUNY Schenectady retains the right to enjoin any unauthorized disclosure in an appropriate court of law. If requested by SUNY Schenectady, each staff member assigned to the SUNY Schenectady account will execute a non-disclosure agreement prior to assignment, the original of which shall be maintained by SUNY Schenectady.

No bidder shall issue any public announcements concerning SUNY Schenectady without prior written consent of SUNY Schenectady. News releases pertaining to the award of any contract resulting from the procurement may not be made without the prior written approval of SUNY Schenectady.

19. USE AND RELEASE OF BIDDER SUBMISSIONS

All materials submitted by the Bidder become the property of SUNY Schenectady and may be returned to Bidder at its sole discretion. One copy of each proposal will be retained for Schenectady’s official files. Submissions may be reviewed and evaluated by any person, other than one associated with a competing Bidder, designated by SUNY Schenectady.

20. BID SUBMISSION FORMAT

Proposals MUST BE SUBMITTED in a sealed envelope or box. Each sealed box or envelope must be affixed with a label on the outside containing the following information:

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• RFP Number

• Project Name

• Bidder name

• Bidder senior officer responsible for the bid

• Bidder address and contact information, including email address

• Attention: SUNY Schenectady Office of Administration

IMPORTANT: The cost proposal (Exhibit A) should be enclosed in a SEPARATELY SEALED envelope and clearly marked on the outside with the words “COST PROPOSAL.” It is not necessary to provide an electronic version of the Cost Proposal.

All proposals must be sent to the following address by First Class Mail, Overnight Delivery, Hand Delivery, or Express Mail Service and must not be submitted by email or facsimile. All means of delivery must be addressed to:

Office of Administration 78 Washington Avenue Elston Hall, Suite 502

Proposals must contain all required Exhibits and Materials. Proposals which fail to address the format requirements above may be deemed non-responsive and not considered further.

Proposals or any portions thereof received after the specified time on the due date will not be accepted and may be returned to the submitting entity at SUNY Schenectady’s discretion. SUNY Schenectady will accept amendments to a Proposal only if the amendments are received prior to the due date and time.

21. PROPOSAL CONTENT AND ORGANIZATION

Bidders are expected to submit three (3) separately bound hard copies, one original (four total), and two electronic copies of each proposal (DVD or Flash Drive). Please do not email your proposal. Electronic submissions must be in a searchable format (e.g., PDF or MS Word). The electronic copy should NOT include any portion of the Cost Proposal or bid amount. SUNY Schenectady’s evaluation committee will not refer to a designated website, brochure, or other location for the requested information. Responses that utilize references to external materials as an answer will be considered non-responsive.

The cost proposal must be enclosed in a separately sealed envelope and clearly marked on the outside with the words “COST PROPOSAL.”

Please refer to SCHEDULE 2, PROPOSAL FORMAT AND ORGANIZATION for instructions and organization of proposal contents.

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22. FREEDOM OF INFORMATION LAW (FOIL)

As a public institution, SUNY Schenectady is required to comply with the New York State Freedom of Information Law (Public Officer’s Law Article 6). Should any member of the public request a copy of a proposal, SUNY Schenectady will review the request and may disclose the requested proposal in whole or in part. If a bidder believes that its proposal or any portion thereof should be exempt from disclosure, it is incumbent upon the bidder to identify, AT THE TIME OF ITS PROPOSAL SUBMISSION, each page of the proposal for which exemption will be claimed. The bidder may indicate same with the words “Confidential,” “Proprietary,” or “Trade Secret” written or stamped on the page.

Please Note: The entire proposal should not be marked as “Confidential.”

23. BILLING & PAYMENT

The selected bidder will be required to submit itemized invoices for work performed along with their deliverables. Payment will be provided on a reimbursement basis and the successful vendor will be permitted to invoice the college monthly.

The invoices should be sent to:

SUNY Schenectady County Community College Accounts Payable 78 Washington Avenue, Elston Hall 501

24. TERMS AND CONDITIONS

The terms and conditions of this engagement are identified in Exhibit “J” hereto. Bidder will be expected to enter into a contract with SUNY Schenectady containing these terms and conditions, and incorporating this RFP, the bidder’s bid, and the required materials mandated by SUNY Schenectady.

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SCHEDULE 1: SCOPE OF SERVICES

The scope of services may include but shall not be limited to:

a. Provide legal advice, review and/or prepare contracts, leases, various property transactions, and related documents.

b. Provide legal advice and assistance in matters such as policy development and implementation, document review, protests, and litigation.

c. Review SUNY Schenectady’s current and proposed employment policies and practices to assure compliance with equal job opportunities and applicable laws. Additional human resource matters that fall within the scope of services may include: labor contract negotiations, discrimination and sexual harassment claims, termination hearings, employee rights, labor laws, civil rights, assistance with position classifications, employee records, benefits, policies and procedures, conditions of employment, reduction in workforce, collective bargaining, grievances, etc.

d. Assist administrators concerning student misconduct and related student issues and staff discipline and/or suspension. Issues may concern specific areas of responsibilities for board members, faculty members, administrators, as well as other personnel. Open meetings, public records, student instruction and services issues e.g., attendance, testing, instruction, etc. are common issues.

e. Conduct training workshops to administrators on issues relating to specific areas of responsibility upon request.

f. Attend Board meetings or similar type functions and travel on behalf of the College, if requested to do so. Media exposure due to the community interest in SUNY Schenectady must be anticipated; legal advice may be needed in responding to crisis situations.

Attorney(s) may also interface with various other educational institutions, state agencies, municipalities, vendors, and their attorneys on behalf of the College as necessary.

g. Be current on the general state of the College and advise appropriate staff of the potential problem areas with either existing laws, pending legislation, and proposed regulations.

h. Advise SUNY Schenectady of any issues that may bear investigation, monitoring, or the like. Periodic status reports on significant issues or as may be required by the College will be expected.

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i. Copy all documents filed with a Court, and administrative authority, or sent to opposing counsel to the Chair of the Board, President, and his/her designee.

j. Within fourteen (14) days after assignment, provide the President and his/her designee with a brief analysis of the task to be undertaken and a plan for performing the services required. With regard to litigation, this will include an assessment of the relative merits of the parties’ positions, and a litigation plan including a proposed time schedule.

k. Maintain and submit monthly detailed time records which set forth each service rendered in each matter, the person rendering such service, the hourly rate, the time expended in rendering such service, and the date such service was rendered. SUNY Schenectady has the right to audit billings both before and after payment, to contest any billing or portion thereof. Minimum billing shall be in .10-hour increments.

l. At the time of submission of any billing, submit to SUNY Schenectady a report indicating the current status of any litigation or other project, a summary of the activities undertaken for which the billing is being submitted, and a plan for future activities to be performed during the next billing cycle.

m. Coordinate with the College’s insurance provider and assigned counsel to ensure the college is represented in litigation, at the lowest cost to the college, and represent the College as needed in litigation for which the College does not have insurance coverage.

n. Faithfully perform all services in a professional manner with diligence and care.

The College is consistently involved in lease agreement negotiations, as it continues partnering with local organizations to expand programs. Labor-related concerns are ongoing and include answering grievances and employee relations. Student conduct issues are also ongoing.

In 2025, the College will begin labor negotiations expected to continue the next two years. The College’s Capital Project contracts are generally administered by the County.

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SCHEDULE 2: PROPOSAL FORMAT AND ORGANIZATION

The purpose of the proposal is to demonstrate the qualifications, competence, and capacity of the firms seeking to provide legal services to SUNY Schenectady in conformity with the requirements of this RFP. As such, the substance of proposals will carry more weight than their form or manner of presentation.

The proposal should demonstrate the qualifications of the firm and/or the particular staff to be assigned to this engagement. It should describe an approach to providing legal services that will meet the RFP requirements.

The proposal should include sufficient information to evaluate the criteria outlined in the RFP.

The proposal should be prepared simply and economically providing a straight-forward, concise description of the proposer’s ability to satisfy the requirements of the RFP.

Follow the following format:

TECHNICAL PROPOSAL

• Tab 1, Title page:

The Title page should reflect the RFP subject, name of the firm, address, telephone number and primary and secondary contact persons and include their email addresses.

• Tab 2, Table of Contents:

The Table of Contents must indicate the proposal material included by tab number.

• Tab 3, Qualifications/Experience:

This section contains the composition of the firm, i.e., history of the firm, qualifications of its members, etc. It must include in separately marked sections:

° A brief history and description of the firm ° A listing of the firm’s key staff member(s) who would be involved in providing services to the College, the experience each of them possesses, and the location of the office from which they work.

° Resumes: the resume of the lead counsel who would be responsible for the college engagement as well as all attorneys directly supporting the lead counsel in the engagement.

° A detailed listing of the experience of the firm and account team with special reference to experience in the practice areas needed to provide services identified in the Scope of Services section of this RFP.

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• Tab 4, Scope of Services:

This section requires a description of how the firm would provide services to the College. It should describe how the firm would provide the services which appear in the scope of services section of this RFP if called upon to do so.

• Tab 5, Hypothetical:

This section should include the response to the hypothetical case set forth in Exhibit “I,” Hypothetical Fact Pattern.

• Tab 6, Financial Reports:

This section should include the last three years’ annual reports, or comparable documents, including detailed profit loss, assets and liabilities, and other relevant financial data.

• Tab 7, Forms:

This section should include all the forms and certifications that must be signed and submitted, per the RFP. [Failure to submit correctly completed forms may be grounds to reject the proposal as non-conforming.].

EXHIBIT B: Conflict of Interest Statement EXHIBIT C: Non-Collusive Bidding Certification EXHIBIT D: Resolution Authorizing Signatures (Corporate Bidders Only) EXHIBIT E: Iranian Energy Sector Divestment EXHIBIT F: Person Authorized to Receive Notice (If Applicable) EXHIBIT G: References EXHIBIT H: Receipt of Addenda

Completed and Signed W-9

• Tab 8, Exceptions to Agreement:

This section should set forth any exceptions or additional proposed to the standard agreement set forth in Exhibit “J.” The exceptions should be set forth in a spreadsheet identifying in the first column the paragraph or section to be changed, in the next column the exact language in the Exhibit, and in the last column the proposed language.

The contractor should submit three (3) separately bound hard copies and one original (four total) and two electronic copies of each proposal (DVD or Flash drive - do not email your proposal).

Electronic submissions must be in a searchable format (e.g., PDF or MS Word).

The Technical Proposal electronic copy should NOT include any portion of the Cost Proposal or Bid Costs.

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COST PROPOSAL

The cost proposal (EXHIBIT A) should be enclosed in a separately sealed envelope and clearly marked on the outside with the words “COST PROPOSAL.” It is not necessary to provide an electronic version of the Cost Proposal.

IMPORTANT

PLEASE NOTE: Do not alter the Cost Proposal/Form of Bid or any of the other bid documents. Proposals with altered forms or found to not address the format requirements above may be deemed non-responsive and not considered further.

Bidders should include any anticipated future wage increases into the Not-to-Exceed Hourly Rate on the Cost Proposal/Form of Bid. The hourly rate billed will remain consistent throughout the agreement period.

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SCHEDULE 3: EVALUATION CRITERIA

All proposals will be reviewed in accordance with the general evaluation criteria listed below.

Proposals which have been determined not to conform to the RFP requirements will not be considered. Pricing will only be considered on those proposals that are deemed acceptable. The contract will be awarded to the vendor whose proposal is most responsive to the needs of SUNY Schenectady and provides the best value to SUNY Schenectady, considering cost as well as other factors based on the evaluation criteria described herein.

All information gathered will become the property of SUNY Schenectady. The submission of this RFP does not constitute a contract between SUNY Schenectady and the Bidder. The College will be the sole judge as to the acceptability, for its purposes, of any and all proposals.

The College will evaluate each proposal. The evaluation process is designed to award a contract to a firm which offers the best value to the College, as that term is defined in the law. As such, cost to the College will be considered in the evaluation process but will not be dispositive of the selection.

The Procurement Officer will initially review all proposals to determine compliance with administrative requirements and instructions specified in this RFP. Only responsive proposals will be forwarded to the evaluation committee for further review.

COST EVALUATION (20 points)

The Cost Proposal must include all costs associated with the Firm’s plan to carry out the requested service, including the hourly cost of attorneys for work performed and for travel, plus the indirect cost rate. The attorneys identified on the Cost Proposal must match the attorneys named in the proposal as part of the team that will render services to the College. SUNY Schenectady will only pay travel time at a lesser rate than time during which legal services are performed.

Costs associated with support staff, including paralegals and clerks, should be included as the indirect cost rate.

DO NOT ALTER THE FORMAT or REQUIRED CONTENT OF THE FORM OF BID.

In addition to the hourly rates for attorney services, SUNY Schenectady will reimburse the following documented direct expenses:

(a) the actual lodging and meals for attendance at approved events associated with services performed under the contract (should conform to the College’s travel policy);

(b) the actual cost of mailings and document reproduction associated with services performed under the contract; and

(c) the allowable GSA rate for vehicular travel for approved attendance at meetings associated with services performed under the contract.

SUNY Schenectady Legal Services, RFP 2025-09 Page 20 of 39

The firm’s bid will be comprised of the Not-to-Exceed hourly fee* plus the average hourly travel fee plus the indirect cost rate (“Cost Proposal/ Form of Bid”). The Firm should complete the Cost Proposal Form, attached as Exhibit “A,” and submit it separately in accordance with the directions in the section entitled “Proposal Format.”

*Note: Bidders should include any anticipated future wage increases into the Not-to-Exceed Hourly Rate on the Form of Bid. The Hourly Rate billed will remain consistent throughout the agreement period.

Unless otherwise agreed, the College will not pay for services in advance of delivery. Invoices should be submitted monthly or quarterly in arrears.

The bid must include the total, not-to-exceed cost for Legal Services.

The following formula is used to score cost, with the LCB being awarded the maximum number of points for cost (20) during the evaluation process:

LCB/CB x 20= PCS

Where: PCS=Proposer’s cost score LCB= Lowest cost bid (of all proposals)

CB=Proposer’s cost bid

TECHNICAL EVALUATION - LEVEL 1 REVIEW – (80 points)

Each responsive proposal will be reviewed individually by the members of the evaluation committee, which shall assign scores to each proposal.

Proposals will be evaluated according to the following criteria:

I. Effectiveness………………………………………………………………35 points

• Higher education law experience and capability

• Contract experience and capability

• Public community college experience and capability

• Employment and labor law experience and capability, especially in the public sector

• General counsel services experience and capability

• Experience working with and providing legal counsel to large organizations, including

Boards of Trustees

• Quality of narrative response to hypothetical

II. Experience/Personnel…………………………………………………….20 points

• Depth of team members with experience in higher education industry-related accounts

• Depth of team members with experience in public community college-related accounts

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• Has the majority of the team been with the firm more than three years?

• Does the majority of the team have more than seven years in their field?

• Agency facts and history

• Qualifications of the lead attorney assigned to the account

• Qualifications of firm staff assigned to the account

III. Methodology/Firm Approach……………………………………………..10 points

• How well does the firm’s approach ensure a consistent quality of work?

• How responsive will the firm be to the legal needs of the college?

• How will the firm track and quantify success?

• How efficient and effective is the methodology in controlling costs for the College?

IV. Financial Stability/Ethics…………………………………………………15 points

• Strength of evidence that the proposer is financially able to provide this service, if selected.

• Do the historical records show consistent positive financial standing and practices?

• Has the firm been terminated for any reason?

• Have there been attorney misconduct charges brought against the firm or any members thereof, and, if so, what was the outcome?

LEVEL 2 REVIEW: Oral Presentations

Up to three (3) of the highest scoring proposals from the Level 1 Review will advance to Level 2 for oral presentation and review of references. In case of any tie scores, additional Bidders may be considered for advancement. Oral presentations must be in person (for example, not transmitted through TEAMS or similar electronic means). Scores resulting from the Level One review will be given some consideration but will not be controlling as to the final selection.

The firm’s members who will actually perform the work are required to participate in the oral presentations. All travel, per diem, and any associated costs for the oral presentation will be borne solely by the firm. Refusal to provide an oral presentation, failure to appear for a scheduled presentation, or inability to agree on a suitable date/time for the presentation shall constitute grounds for disqualification of the firm from further consideration.

A contract will be awarded based on which proposal from among those advancing to Level 2 the College deems best suited to fulfill the requirements of the RFP. The College also reserves the right not to make an award if it is deemed that no single proposal fully meets the needs of the College.

The final selection of the successful proposer is subject to the approval of the College’s Board of Trustees.

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EXHIBIT A: COST PROPOSAL

The total fee for the specified services should be ALL-INCLUSIVE. This proposal is binding on the bidder; no adjustment to fees or costs proposed herein will be permitted during the contract period.

IMPORTANT: Do not alter the format or content of the Cost Proposal from what appears below. Standardizing the format for bids allows bids to be evaluated equally. Bids that do not conform to the format or include any other fees in a manner in which they will be applied, will be rejected. Please conform to the format below and adjust your fee structure to fit within the table.

Bidders must submit this Cost Proposal in a SEPARATE sealed envelope clearly labeled on the outside “RFP 2025- 09 Legal Services - Cost Proposal” by the due date specified in the timetable for key events and signed by an authorized representative of the Bidder.

Bidder Name

SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR LEGAL SERVICES

SUNY SCHENECTADY COUNTY COMMUNITY COLLEGE

Name (Attorneys Only *) Position / Title

Not-To Exceed Hourly Rate**

Not To Exceed Hourly

Travel Rate

Attach additional sheets as needed

NOT-TO-EXCEED

AVERAGE HOURLY

RATE

TOTAL HOURLY RATE (Average Service Rate + Average Travel Rate) $

INDIRECT COST RATE*

(Should be stated as a percentage of the Hourly Service Rate) %

TOTAL COST PER HOUR (Bid Amount) (Total hourly rate plus Indirect Cost per hour (hourly x %) $

*Indirect costs include costs associated with support staff, including paralegals and clerks ** Include any future individual wage increases into your Hourly Rate price

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Exhibit A: Cost Proposal

Submitted by:

Bidding Firm’s Name Phone

Street Address Fax

City, State, Zip Email

The undersigned affirms that he/she has authority to bind the firm to the cost bid amount.

Signature Date

Printed Name/ Title

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EXHIBIT B: CONFLICT OF INTEREST STATEMENT

PLEASE SIGN A OR B

A. I do not have any affiliations or financial interests with any segment of SUNY Schenectady

County Community College/County of Schenectady, or any employee, board member or elected official.

Signature: ____________________________________________________ Date:_____________

Name: Title:

Company Name:

B. I have an affiliation or financial interest with SUNY Schenectady County Community College/County of Schenectady, or any employee, board member or elected official. The affiliation or financial interest is as follows (please be specific):

Signature: __________________________________________Date:______________________

Name: Title: _____________________

Company Name:

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EXHIBIT C: NON-COLLUSIVE BIDDING CERTIFICATION

(ALL BIDDERS MUST SIGN THIS FORM BEFORE A NOTARY)

Required by Section 103(d) of the General Municipal Law

BY SUBMISSION OF THIS BID, BIDDER AND EACH PERSON SIGNING ON BEHALF

OF BIDDER CERTIFIES, AND IN THE CASE OF JOINT BID, EACH PARTY THERETO

CERTIFIES AS TO ITS OWN ORGANIZATION, UNDER PENALTY OF PERJURY, THAT

TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF:

[1] The prices of this bid have been arrived at independently, without collusion, consultation, communication, or agreement, for the purposes of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor;

[2] Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly, to any other Bidder or to any competitor;

and

[3] No attempt has been made or will be made by the Bidder to induce any other person, partnership, or corporation to submit or not submit a bid for the purpose of restricting competition.

A BID SHALL NOT BE CONSIDERED FOR AWARD NOR SHALL ANY AWARD BE

MADE WHERE [1], [2], [3] ABOVE HAVE NOT BEEN COMPLIED WITH; PROVIDED

HOWEVER, THAT IF IN ANY CASE THE BIDDER(S) CANNOT MAKE THE

FOREGOING CERTIFICATION, THE BIDDER SHALL SO STATE AND SHALL FURNISH

BELOW A SIGNED STATEMENT WHICH SETS FORTH IN DETAIL THE REASONS

THEREFORE:

IF BIDDER(S) (IS/ARE) A PARTNERSHIP, COMPLETE THE FOLLOWING:

NAMES OF PARTNERS OR PRINCIPALS

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IF BIDDER(S) (IS/ARE) A CORPORATION(S), COMPLETE THE FOLLOWING:

NAME / LEGAL RESIDENCE

President: _______________________________ __________________________________

Secretary: _______________________________ __________________________________

Treasurer: _______________________________ __________________________________

IDENTIFYING INFORMATION

Organization Name

Address Signature

Phone Title

Joint or combined bids by companies or firms must be certified on behalf of each participant.

Legal name of person, firm, or corporation

By: ___________________________________________________________

Title: __________________________________________________________

Street: _______________________________________

SIGNED: ___________________________________________

PRINTED: ___________________________________________

Subscribed to under penalty of perjury under the laws of the State of ____________________ this _______ day of _____________________, 20____ as the act and deed of said individual, corporation, or partnership.

Notary Public, State of ______________________

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EXHIBIT D: RESOLUTION AUTHORIZING SIGNATURES

(FOR CORPORATE BIDDERS ONLY)

Attention Bidder: If your company is incorporated, this form must be signed before a notary.

RESOLVED that _____________________________________________________________ be (Name of Corporation) Authorized to sign and submit the bid or proposal of this corporation for the following project:

And to include in such bid or proposal the certificate as to non-collusion required by section one hundred three, d, of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or misstatements in such certificate this corporate bidder shall be liable under penalties and perjury.

The foregoing is a true and correct copy of the resolution adopted by

__________________________________________________________ Corporation at a meeting of its Board of Directors held on the __________ day of __________________, 20____.

(Secretary)

(SEAL)

Subscribed to under penalty of perjury under the laws of the State of ____________________ this _______ day of _____________________, 20____ as the act and deed of said individual, corporation, or partnership.

Notary Public, State of ______________________

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EXHIBIT E: IRANIAN ENERGY SECTOR DIVESTMENT

Certification Pursuant to Section 103-g of the New York State General Municipal Law

A. By submission of this bid/proposal, each bidder/proposer and each person signing on behalf of any bidder/proposer certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is not on the list created pursuant to paragraph (b) of subdivision 3 of Section 165-a of the New York State Finance Law.

B. A Bid/Proposal shall not be considered for award, nor shall any…