2026 RFP COMMERCIAL PROPERTY APPRAISAL AND MARKET VALUATION SERVICES.docx
DOCX document 67 KB Posted
- Solicitation number
- 2136652
- Issued by
- Genesee County, New York
About this file
Commercial Property Appraisal and Market Valuation Services RFP Summary
This is a Request for Proposal (RFP) issued by the Western Regional Off-Track Betting Corporation (WROTB), a New York State public benefit corporation, soliciting qualified commercial real estate appraisal and valuation firms to provide independent appraisal services for seven corporation-owned branch properties located throughout Western and Central New York. The services requested include comprehensive commercial appraisal and market valuation analysis to determine current fair market value and probable selling price of each property under existing market conditions. The specific properties requiring appraisal are located in Auburn, Cheektowaga, Jamestown, Rochester (three locations), North Tonawanda, Williamsville, and Batavia. Proposals must be submitted electronically in PDF format to Megan M. Glor, Director of Purchasing/Procurement Officer, at mglor@westernotb.com no later than Wednesday, July 29, 2026 at 4:30 p.m. Questions regarding the RFP must be submitted in writing by July 22, 2026. The evaluation period spans from July 29 through August 26, 2026, with consultant selection announced August 27, 2026, and contract execution scheduled for August 28, 2026. Site visits are required to be completed by October 15, 2026, with draft reports due November 13, 2026, and final reports due December 1, 2026.
The RFP requires a fixed-fee proposal that includes professional fees, travel expenses, and reimbursable costs, with all costs clearly itemized. Evaluation criteria consist of firm qualifications and experience (35% weight), project approach and methodology (30%), references and relevant experience (15%), and cost proposal (20%). Proposers must demonstrate diversity, equity, and inclusion commitments and cannot have been officers, board members, or employees of WROTB within the previous three years. All work must comply with the Uniform Standards of Professional Appraisal Practice (USPAP) and applicable New York State standards. Successful proposers must provide Certificates of Insurance meeting specified minimum limits, including $1 million commercial general liability, $1 million automobile liability, and $1 million excess liability umbrella coverage, with WROTB named as additional insured. The RFP requires submission of non-collusion certifications, State Finance Law affirmations, compliance certifications, and references. WROTB reserves all rights to reject proposals, modify scope, cancel the solicitation, and negotiate terms, and does not commit to award or pay proposal preparation costs.
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WESTERN REGIONAL
OFF-TRACK BETTING
CORPORATION
Request for Proposal Date Due: July 29, 2026 Commercial Property Appraisal and Market Valuation Services
Western Regional Off-Track Betting Corporation 8315 Park Road Batavia, New York 14020 585-343-1423
The Western Regional Off-Track Betting Corporation, whose corporate offices are located at 8315 Park Road, Batavia, New York 14020, hereby invites the submission of proposals for Commercial Property Appraisal and Market Valuation Services.
Specifications may be obtained from the office of Megan M. Glor, Director of Purchasing/Procurement Officer, upon request by calling (585) 343-1423 or via email at mglor@westernotb.com. Proposals are due Wednesday, July 29, 2026.
All proposals must be accompanied by the following documents: non-collusion certification, Finance Law Affirmation of Understanding (see State Finance Law §139-j) and Certification of Compliance (see State Finance Law§139-k [5]).
| Commercial Property Appraisal and |
| Market Valuation Services |
| Page 1 |
INSTRUCTIONS
1.1 Purpose
The Western Regional Off-Track Betting Corporation (WROTB) hereby invites the submission of proposals for Commercial Property Appraisal and Market Valuation Services.
Prospective proposers must offer a proposal that will meet the scope of services, qualifications and general description of the needs identified within the document specifications.
1.2 RFP Procurement Officer
The Procurement Officer identified below is the sole point of contact regarding this RFP from the date of issuance until the selection of the successful Proposer.
| Megan M. Glor |
| Director of Purchasing/Procurement Officer |
| Western Regional Off-Track Betting Corporation |
| 8315 Park Road |
| Batavia, New York 14020 |
| Email: mglor@westernotb.com |
| Phone: (585) 343-1423 ext. 6241 |
1.3 Presentation and Clarification of WROTB’s Rights and Intentions
WROTB is not committed to award a contract or assignment to any responding Proposer, or to pay any costs incurred in the preparation of the proposal in response to this request, or to procure or contract for any services. WROTB reserves the right, in its sole discretion, to (a) accept or reject in part or in its entirety any proposal received as a result of this proposal if it is in the best interest of WROTB to do so.
The Western Regional Off-Track Betting Corporation will accept proposals for Commercial Property Appraisal and Market Valuation Services. WROTB has concluded that a single proposer shall be selected. As such, you are being invited to submit your proposal to the attention of Megan M. Glor, Director of Purchasing/Procurement Officer via email at mglor@westernotb.com received no later than Wednesday, July 29, 2026.
Proponent must not have been an Officer, Board of Director or employee of WROTB within the last (3) three years.
Proposers shall read thoroughly and understand the specifications, conditions, and contract content contained herein.
This RFP shall become part of any agreement entered into by the successful proponent and WROTB.
The acceptance of a proposal and the award of a contract are subject to the approval of the WROTB Board of Directors.
Commercial Property Appraisal and Market Valuation Services
1.4 Overview of the Organization
The Western Regional Off-Track Betting Corporation (WROTB) is one of five (5) Regional OTB Corporations established and financed by their respective municipal sponsors following the enactment of permissive legislation by New York State in 1973. WROTBC is established as a public benefit corporation. Its geographical area consists of seventeen (17) counties, fifteen (15) of which participate as members of WROTB, and the two (2) cities of Rochester and Buffalo. The statutory objective of WROTB is:
| 1. | To prevent and curb illegal bookmaking while providing a reasonable revenue stream for the support of | government. |
| 2. | To promote the well-being of the horse racing and breeding industries in New York State. | |
| 3. | To facilitate the local economy by providing employment to its residents. |
WROTB began its pari-mutuel wagering operations in May of 1974 with twenty-nine (29) branch facilities and a telephone betting operation opened by 1974’s year end. Today, WROTB is a multi-faceted gaming enterprise which operates the following:
· Six (6) traditional brick and mortar off-track betting facilities.
· One (1) “enhanced” branch facilities defined as having food concession services on-site.
· Twenty-three (23) EZ Bet locations.
· One internet wagering site referred to as “Batavia Bets”.
· One telephone betting center referred to as “Dial-A- Bet” located at Batavia Downs Gaming.
· One inter-track wagering (ITW) facility located at Batavia Downs Gaming.
· Operation of a seventy-two (72) day live harness racing meet conducted at Batavia Downs Gaming.
· Operation of a video lottery gaming facility located at Batavia Downs Gaming with 946 gaming machines.
· Operation of food and beverage venues located at Batavia Downs Gaming.
Diversity, Equity, and Inclusion are very important to WROTB. Proponent/firm must demonstrate a similar commitment in its response to this contract.
| Commercial Property Appraisal and |
| Market Valuation Services |
| Page 3 |
1.5 Specifications
I. INTRODUCTION
The Western Regional Off-Track Betting Corporation ("WROTBC" or the "Corporation") is soliciting proposals from qualified commercial real estate appraisal and valuation firms to provide independent appraisal and market valuation services for seven (7) Corporation-owned branch properties.
The purpose of this engagement is to determine the current fair market value and probable selling price of each property under current market conditions. The resulting analysis will provide the Board of Directors and management with an independent assessment of the Corporation's real estate holdings.
WROTBC is a public benefit corporation established pursuant to the laws of the State of New York and operates pari-mutuel wagering facilities throughout Western and Central New York.
II. PROPERTY LOCATIONS
The selected consultant shall perform services for the following Corporation-owned properties:
| Branch |
| Address |
| Auburn |
| 1 Arterial East, Auburn, NY 13021 |
| Clinton |
| 2310 Clinton Street, Cheektowaga, NY 14225 |
| Jamestown |
| 1345 East 2nd Street, Jamestown, NY 14701 |
| Lyell |
| 940 West Broad Street, Rochester, NY 14608 |
| Marway |
| 63 Marway Circle, Gates, Rochester, NY 14624 |
| River |
| 550 River Road, North Tonawanda, NY 14120 |
| Wehrle |
| 1042 Wehrle Drive, Williamsville, NY 14221 |
Batavia Downs Gaming & Hotel
8319 Park Road, Batavia, NY 14020 8315 Park Road, Batavia, NY 14020 8324 Park Road, Batavia, NY 14020
III. SCOPE OF SERVICES
The selected consultant shall provide commercial appraisal and market valuation services for each property listed above.
At a minimum, the selected consultant shall:
1. Conduct site inspections of each property.
2. Review available property information provided by WROTBC.
3. Analyze local market conditions and commercial real estate trends.
4. Identify and evaluate relevant comparable sales and market transactions.
5. Determine the current fair market value of each property.
6. Determine the highest and best use of each property in accordance with generally accepted appraisal standards.
7. Estimate the probable selling price of each property under current market conditions.
8. Estimate the anticipated marketing period required to complete a sale.
9. Estimate customary transaction and closing costs associated with a sale.
10. Provide supporting assumptions, methodologies, and market data used in reaching valuation conclusions.
All services shall be performed in accordance with the Uniform Standards of Professional Appraisal Practice ("USPAP") and any other applicable professional standards.
IV. DELIVERABLES
The selected consultant shall provide a written appraisal and valuation report for each property.
Each report shall include, at a minimum:
Property Description
· Property location
· Site characteristics
· Building characteristics
· Parcel information Market Analysis
· Local market overview
· Market conditions
· Comparable sales analysis
· Relevant market trends Valuation Analysis
· Appraisal methodology utilized
· Supporting assumptions
· Fair market value conclusion
· Highest and best use determination Sale Value Assessment
· Probable selling price
· Estimated marketing period
· Estimated transaction and closing costs
· Estimated net sale proceeds The final report shall be delivered electronically in PDF format and shall include sufficient supporting documentation to substantiate all valuation conclusions.
V. INFORMATION PROVIDED BY WROTBC
WROTBC anticipates providing the selected consultant with available information including, but not limited to:
· Property addresses
· Parcel information
· Site acreage
· Building square footage
· Assessed values
· Historical capital improvement information
· Existing branch analysis and supporting documentation
· Other information reasonably requested by the selected consultant
VI. PROPOSAL REQUIREMENTS
Proposals shall include the following information:
A. Firm Qualifications
· Firm background and history
· Description of appraisal and valuation services offered
· Years in business
· Professional licenses and certifications B. Relevant Experience Provide a summary of experience performing commercial real estate appraisals and valuation services.
Include experience involving:
· Commercial properties
· Retail properties
· Public entities
· Multi-location property portfolios C. Project Team Identify key personnel assigned to the engagement, including:
· Name
· Title
· Professional credentials
· Relevant experience
· Role in the engagement D. Project Approach Describe the firm's proposed methodology for:
· Property inspections
· Market analysis
· Comparable sales research
· Valuation development
· Report preparation E. References Provide at least three (3) references for similar engagements completed within the past five (5) years.
For each reference, provide:
· Organization name
· Contact person
· Telephone number
· Email address
· Description of services provided F. Cost Proposal Provide a fixed-fee proposal that includes:
· Professional fees
· Travel expenses
· Reimbursable expenses
· Any optional services The proposal shall clearly identify all costs associated with the engagement.
VII. EVALUATION CRITERIA
Proposals will be evaluated based upon the following criteria:
| Evaluation Criteria |
| Weight |
| Qualifications and Experience |
| 35% |
| Project Approach and Methodology |
| 30% |
| References and Relevant Experience |
| 15% |
| Cost Proposal |
| 20% |
WROTBC reserves the right to request interviews, presentations, demonstrations, or additional information from one or more respondents.
VIII. PROCUREMENT SCHEDULE
| Milestone |
| Date |
| RFP Issued |
| __7/8/26__ |
| Questions Due |
| _ 7/22/26_ |
| Proposal Due Date |
| ___7/29/26_ |
| Evaluation Period |
| _7/29/26-8/26/26 |
| Consultant Selection |
| ___8/27/26__ |
| Contract Execution |
| ___8/28/26__ |
| Site Visits Completed |
| __10/15/26__ |
| Draft Report Due |
| __11/13/26__ |
| Final Report Due |
| __12//1/26__ |
WROTBC reserves the right to modify this schedule at its discretion.
IX. PROPOSAL INQUIRIES
All questions concerning this Request for Proposals shall be submitted in writing to the Procurement Officer no later than the date specified in the procurement schedule.
Oral interpretations or clarifications shall not be binding upon the Corporation. Responses to material questions may be distributed to all known respondents.
X. RESERVATION OF RIGHTS
WROTBC reserves the right to:
· Reject any or all proposals.
· Waive informalities or irregularities.
· Request clarification of any proposal.
· Negotiate with one or more respondents.
· Modify the scope of services.
· Cancel this solicitation at any time.
· Award a contract in the best interests of the Corporation.
XI. SUBMISSION OF PROPOSALS
Proposals shall be submitted no later than July 29, 2026 at 4:30 p.m.
Proposals shall be submitted electronically in PDF format to:
Megan Glor Director of Purchasing / Procurement Officer Western Regional Off-Track Betting Corporation 8315 Park Road Batavia, New York 14020 Phone: (585) 343-3750 Email: ______________________
| Western Regional Off-Track Betting Corporation | |
| Commercial Property Appraisal and | |
| Market Valuation Services | |
| Page 4 |
1.6 Insurance Requirements
The successful bidder shall furnish WROTB Certificates of Insurance indicating the type, amount, class of operations, coverage effective dates and expiration dates of such policies. Such certificates shall also contain substantially the following statement: “The insurance covered by this certificate will not be cancelled or materially altered except (a) after ten (10) days written notice has been received by WROTB and (b) the Unlimited Indemnity shown in the contract documents is included.” WROTBC shall be named as “additional insured” on bidder provided Certificate.
Insurance requirements are as follows:
MINIMUM LIMITS
| Each Occurrence Aggregate | |||||
| COMMERCIAL GENERAL LIABILITY | Bodily Injury | ||||
| and Property | |||||
| Damage Combined | $1 million | $2 million |
| AUTOMOBILE LIABILITY | Bodily Injury | |
| and Property | ||
| Damage Combined | $1 million |
| EXCESS LIABILITY UMBRELLA | Bodily Injury | ||
| (Other than umbrella form) | and Property | ||
| Damage Combined | $1 million |
WORKER’S COMPENSATION Statutory State of New York
Commercial Property Appraisal and Market Valuation Services
1.7 Submission of Proponent’s Statement of Proposal
To be considered, proposers must submit a complete response to this RFP request. Proposers not responding to all information requested in this or indicating exceptions to those items not responded to may have their proposal rejected.
Proposal shall be submitted to mglor@westernotb.com on or before Wednesday, July 29, 2026.
Attention:
| Western Regional Off-Track Betting Corporation |
| Megan Glor |
Director of Purchasing/Procurement Officer
| 8315 Park Road |
| Batavia, New York 14020 |
All proposals must be accompanied by a non-collusion bidding certification, references page, Finance Law Affirmation of Understanding (see State Finance Law §139-j) and Certification of Compliance (see State Finance Law §139-k [5]) in order to be considered.
1.8 Clarification of Specifications
Questions that arise from the date of the RFP being in advertisement to the date the award is made must be submitted in writing to the Procurement Officer listed on page 1 of this proposal package. Questions and answers will be provided via addendum to all potential respondents who have received the RFP and must be acknowledged in the proposed response. No contact will be allowed between the respondent and any other employee of WROTB regarding this proposal during this restrictive period. Prohibited contact will be grounds for respondent disqualification.
1.9 Addenda to the RFP
In the event it becomes necessary to revise any part of the specifications, an addendum will be provided to all that received the RFP package. An acknowledgement of such addenda, if any, must be submitted with proposer’s response.
2.0 Sales Tax
The Western Regional Off-Track Betting Corporation is exempt from paying any State and Local sales tax. Vendors shall not include any such taxes in their bids.
Commercial Property Appraisal and
2.2 Investigations
WROTB reserves the right to conduct any investigations necessary to verify information submitted by the respondent and/or to determine the respondent’s capability to fulfill the terms and conditions of the scope of services that is described herein. WROTB reserves the right to visit a prospective respondent’s place of business to determine the existence of the company and the management capabilities required to administer this agreement. WROTB will not consider respondents that are in arrears to WROTB, in bankruptcy, or in the hands of a receiver at the time of responding or at any time of selection.
2.3 Reservation of Rights
WROTB reserves the right to refuse any and all responses, in part, or in their entirety, or select certain aspects from various respondents, or to waive any informality or defect in any response should it be deemed in the best interest of WROTB. WROTB is not committed, by virtue of this bid, to make an award of the proposal. The proposals submitted become the property of WROTB.
2.4 Material Submitted
All rights, title and interest in the material submitted by the proposer shall vest in WROTB upon submission of the response to WROTB without any obligation or liability by WROTB to the respondent. WROTB has the right to use all ideas presented by a responder.
2.5 Procurement Policy
Pursuant to State Finance Law §139-j and §139-k, this Request for Proposals includes and imposes certain restrictions on communications between a WROTB and an Offerer/Proposer during the procurement process. An Offerer/Proposer is restricted from making contacts from the earliest notice of intent to solicit offers through the final award and approval of the Procurement Contract by WROTB. (“Restricted Period”), to other than WROTB’s Procurement Officer unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law Section §139-j. WROTB’s Procurement Officer, as of the date thereof, is identified on the first page of this Request for Proposal. WROTB employees are also required to obtain certain information when contacted during the Restricted Period and make a determination of the responsibility of the Offerer/Proposer pursuant to the two statutes. Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a four (4) year period, the Offerer/Proposer is debarred from obtaining Procurement Contracts. Further information about these requirements may be obtained from the Procurement Officer.
WROTB reserves the right to terminate this contract in the event it is found the certification filed by the Offerer/Proposer in accordance with State Finance Law §139-k (3) was intentionally false or intentionally incomplete. Upon such finding, WROTB may exercise its termination right by providing written notification to the Offerer/Proposer in accordance with the written notice terms of this contract. WROTB reserves the right to reject any and all proposals if deemed it to be in the best interest of the Corporation and to waive any informalities thereof.
Proponent cannot currently , nor within the last five (5) years , be suspended , debarred, or similarly declared ineligible from state or federal contracting. The proponent also certifies upon submission of this proposal that it is not currently under investigation by any state, local or federal agency or authority.
Western Regional Off-Track Betting Corporation Commercial Property Appraisal and
2.6 Site Visits (if applicable)
Proposers are encouraged to visit and inspect the site prior to submitting their bid. Contact to do so shall be corresponded with the Procurement Officer assigned to this bid proposal, listed on Page 1 of these specifications.
2.7 Contractor’s Responsibility (if applicable)
These specifications shall not be construed as placing the work under the specific direction or control of WROTB or relieving the contractor from liability as an independent, as such, the contractor shall be solely responsible for the method, manner and means by which the work shall be performed, including, but not limited to supervision and control of their employed personnel and scheduling of the work required to insure proper and timely performance and shall exercise due care to prevent bodily injury and damage to property in the prosecution of the work required.
2.8 Prosecution of Work (if applicable)
The contractor shall give their personal attention to the work while in progress and shall provide a competent and reliable Supervisor at all times. Any discrepancies or questions pertaining to the extent of the work once the award is made shall be submitted immediately to the Director of Buildings and Grounds. If the Contractor fails to begin the work within the time specified, fails to perform the work with adequacy, or performs the work unsuitable and not carry the work in an acceptable manner, the Owner shall give notice in writing to Contractor and Owner shall have full power and authority without violating contract to take over the completion of the work.
Certifications and Standard Clauses
These Standard Clauses apply to all contracts, invitations for bid, requests for proposal (RFP), and requests for qualifications (RFQ) issued by the Western Regional Off-Track Betting Corporation (WROTB). Hereafter, the term “WROTB” shall be used to reference the Western Regional Off-Track Betting Corporation.
Independent Contractor The contractor shall perform services as an independent contractor and not as an officer, employee, or agent of WROTB. Nothing contained in this contract shall be construed as creating a relationship of employer and employee between WROTB and the contractor or any of its personnel.
Termination for Convenience WROTB reserves the right to terminate the contract for convenience and without cause, upon thirty (30) days’ written notice to the consultant. In the event of such termination, the consultant shall be entitled to compensation for goods or services satisfactorily provided up to the effective date of termination but shall not be entitled to recover any additional damages or anticipated profits on work not performed.
Termination for Cause WROTB reserves the right to terminate the contract immediately for cause if the proposer fails to perform its obligations, violates applicable laws or standards, or otherwise materially breaches the terms of engagement.
Compliance with Laws The proposer shall comply with all applicable federal, state, and local laws, rules, and regulations, including those of the New York State Gaming Commission, in connection with the performance of the contract.
Confidentiality The proposer shall treat as confidential all non-public information obtained during the course of the contract. Such information shall not be disclosed except as required by law, professional standards, or with the prior written consent of WROTB.
Records Retention and Work Product WROTB reserves the right to require proposers to maintain and provide access to records related to the contract, in a scope and for a period of time appropriate to the nature of the engagement. Such records may include, but are not limited to, documents relating to performance, deliverables, billing, and any final reports or work product produced under the contract.
Assignment and Subcontracting The proposer shall not assign, transfer, or subcontract any portion of the contract without the prior written consent of WROTB.
Indemnification To the fullest extent permitted by law, the successful proposer shall defend, protect, indemnify, and hold harmless WROTB, its affiliates and their respective directors, officers, employees, representatives and agents from any and all claims, actions, proceedings, investigations, losses, liabilities, damages (including, without limitation damage to property), injury to persons (including, without limitation, death) penalties, fines, costs and expenses (including, without limitation, attorneys’ fees and costs) relating in any way to (i)the proponent’s bid, (ii)any act or omission of the proponent relating in any way to its performance under the contract, and or (iii) and default of breach by the proponent, whether threatened, actual or alleged.
Non-Discrimination The proposer agrees that, in the performance of this contract, it will not discriminate against any employee or applicant for employment because of race, creed, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, disability, marital status, veteran status, or any other characteristic protected by applicable federal, state, or local law. The proposer shall take affirmative steps to ensure that applicants are employed, and that employees are treated during employment, without regard to these protected categories.
Insurance and Workers’ Compensation The successful proposer shall furnish WROTB Certificates of Insurance indicating the type, amount, class of operations, coverage effective dates, and expiration dates of such policies. Such certificates shall also contain substantially the following statement:
“The insurance covered by this certificate will not be cancelled or materially altered except (a) after ten (10) days’ written notice has been received by WROTB and (b) the Unlimited Indemnity shown in the contract documents is included.”
WROTB shall be named as an additional insured on proponent-provided certificates. Insurance shall be primary and non-contributory.
The proposer shall be solely responsible for the payment of all required premiums and shall remain liable for any deductibles, self-insured retentions, or claims in excess of stated coverage limits.
WROTB reserves the right to modify or waive specific insurance requirements based on the nature of the agreement.
Non-Collusive Bidding By submission of a proposal, the proposer certifies under penalty of perjury that the prices in its proposal have been arrived at independently and without collusion, consultation, communication, or agreement with any other potential proponent or competitor for the purpose of restricting competition.
Governing Law This contract shall be governed by, and construed in accordance with, the laws of the State of New York.
No Arbitration Disputes involving this contract shall not be subject to mandatory arbitration. Any legal actions shall be brought in a court of competent jurisdiction in New York State.
Reciprocity and Sanctions Provisions The proposer certifies that it is not on any federal or state debarment or sanctions list and will immediately notify WROTB if it becomes subject to such restrictions during the term of the contract.
Final Agreement The proposer agrees and understands that this invitation for bid, and any addenda will be incorporated and become part of the final agreement.
FAILURE TO SUBMIT ANY OF THESE ITEMS WITH PROPOSAL IS MANDATORY CAUSE FOR REJECTION
Document Required Proposer’s Initials
Proposal
Acknowledgement of receipt of addenda
Non-Collusion Certification
References
Offerer’s Certification of Compliance
Offerer Disclosure of Prior Non-Responsibility
Offerer’s Affirmation of Understanding/Agreement
THE UNDERSIGNED PROPOSER HEREWITH SUBMITS THE ABOVE REQUIRED DOCUMENTS.
PRINT OFFICIAL COMPANY NAME:
SIGNED BY:
PRINT NAME AND TITLE:
DATE:
THIS CHECKLIST IS REQUIRED TO BE INITIALED AND SIGNED WHERE INDICATED
AND RETURNED WITH ALL DOCUMENTS
NON-COLLUSION CERTIFICATION
By submission of this proposal, the authorized representative signing on behalf of any proposer certifies and in the case of a joint proposal, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of the representative’s knowledge and belief:
| 1. | The prices in this proposal have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any other competitor; |
| 2. | Unless otherwise required by law, the prices which have been bid have not knowingly been disclosed by the proposer and will not knowingly be disclosed by the proposer prior to opening, directly or indirectly, to any other proposer or to any other competitor; and |
| 3. | No attempt has been made or will be made by the proposer to induce any other person, partnership, or corporation to submit or not to submit a proposal for the purpose of restricting competition. |
| 4. | Except for inquiries within the purview of the proposal process, each proposer and each signing on behalf of any proposer certifies it has not communicated with any officer, employee, agent, or consultant of WROTB regarding this proposal for the purpose of securing unto itself a favorable advantage. |
In compliance with this request for proposals and subject to the conditions thereof, the undersigned offers and agrees, if this proposal is accepted within forty-five (45) days from the date of the opening, to furnish any and all items upon which prices are submitted.
| ___________________________ | ||
| AUTHORIZED REPRESENTATIVE | BUSINESS NAME |
PRINT NAME ADDRESS
TITLE CITY, STATE & ZIP CODE
DATE TELEPHONE #
EMPLOYER TAX ID FAX NUMBER
OR SOCIAL SECURITY #
YOU MUST SIGN AND RETURN THIS SHEET WITH YOUR PROPOSAL
Offerer's Certification of Compliance with State Finance Law § 139-k(S)
New York State Finance Law §139·k(5) requires that every Procurement Contract award subject to provisions of State Finance Law §139-k or §139-j shall contain a certification by the Offerer that all information provided to the Office of General Services with respec.t to State Finance law §139-k is complete, true, and accurate.
Offerer Certification:
I certify that all information provided to the Western Regional Off-Track Betting Corporation with respect to State Finance Law §139-k is complete, true, and accurate.
By: Date: _
Name:
Title:
| Contractor Name: | _ | |
| Contractor Address: | _ |
Procurement Lobbying Termination
Western Regional Off-Track Betting Corporation reserves the right to terminate this contract in the event it is found that the certification filed by the Offerer in accordance with New York State Finance Law §139-k was intentionally false or intentionally incomplete. Upon such finding, Western Regional Off-Track Betting Corporation may exercise its termination right by providing written notification to the Offerer in accordance with the written notification terms of this contract.
Offerer Disclosure of Prior Non-Responsibility Determinations See instructions on next page before completing this form.
Name of Individual or Entity Seeking to Enter into the Procurement Contract:
Address:
| Name and Title of Person Submitting this Form: | |||
| Contract Procurement Number: | Date: | ||
| 1. Has any Governmental Entity made a finding of non-responsibility regarding the individual | or | entity seeking to enter into the Procurement Contract in the previous four years? | |
| (Please circle): |
No If yes, please answer the next questions:
Yes
2. Was the basis for the finding of non-responsibility due to a violation of State Finance Law §139-j (Please circle):
No Yes
3. Was the basis for the finding of non-responsibility due to the intentional provision of false or incomplete information to a Governmental Entity? (Please circle):
No Yes
4. If you answered yes to any of the above questions, please provide details regarding the finding of non-responsibility below and attach additional pages as necessary.
Governmental Entity:
Date of Finding of Non-responsibility:
Basis of Finding of Non-Responsibility:
5. Has any Governmental Entity or other governmental agency terminated or withheld a Procurement Contract with the above-named individual or entity due to the intentional provision of false or incomplete information? (Please circle):
No Yes
6. If yes, please provide details below and attach additional pages as necessary.
Governmental Entity: Date of Termination or Withholding of Contract _ Basis of Termination or Withholding:
Offerer certifies that all information provided to the Governmental Entity with respect to State Finance Law §139-k is complete, true, and accurate.
By: Date:
Signature
Instructions Offerer Disclosure of Prior Non-Responsibility Determinations Background:
New York State Finance Law §139-k (5) obligates a Government Entity to obtain specific information regarding prior non-responsibility determinations with respect to State Finance Law 139-j. In accordance with State Finance Law 139-k, an Offerer must be asked to disclose whether there has been a finding of non-responsibility made within the previous four (4) years by any Governmental Entity due to: (a) a violation of State Finance Law §139·j or (b) the intentional provision of false or incomplete information to a Governmental Entity. The terms "Offerer" and "Governmental Entity” are defined in State finance Law§ 139-k. State Finance Law §139-j sets forth detailed requirements about the restrictions on Contacts during the procurement process. A violation of State Finance Law §139-j includes, but is not limited to, an impermissible Contact during the restricted period (for example, contacting a person or entity other than the designated contact person, when such contact does not fall within one of the exemptions).
As part of its responsibility determination, State Finance Law §139-k(5) mandates consideration of whether an Offerer fails to timely disclose accurate or complete information regarding the above non-responsibility determination. In accordance with law, no Procurement Contract shall be awarded to any Offerer that fails to timely disclose accurate or complete information under this section, unless a finding is made that the award of the Procurement Contract to the Offerer is necessary to protect public property or public health safety, and that the Offerer is the only source capable of supplying the required Article of Procurement within the necessary timeframe. See State Finance Law §§139-j (3) and §139-k (5).
Instructions:
The Western Regional Off-Track Betting Corporation includes this disclosure request regarding prior non-responsibility determinations in accordance with State Finance Law §139-k in its solicitation of proposals or bid documents or specifications or contract documents, as applicable, for procurement contracts. The attached form is to be completed and submitted by the individual or entity seeking to enter into a Procurement Contract, Supplement or Change Order.
This document must accompany each Bid Form, Letter of Interest, or Proposal submitted by an offerer and will be required for any contract amendments over $15,000. This document must also accompany each Emergency Contract Bid Form.
Offerer’s Affirmation of Understanding of and Agreement pursuant to New York State Finance Law §139-j (3) and §139-j (6) (b)
New York State Finance Law §139-j (6) (b) provides that:
Every Government Entity shall seek written affirmations from all Offerers as to the Offerer’s understanding of and agreement to comply with the Government Entity’s procedures relating to permissible contacts during a Governmental Procurement pursuant to subdivision three of this section.
Offerer affirms that it understands and agrees to comply with the procedures of the Government Entity relative to permissible contacts as required by New York State Finance Law §139-j (3) and §139-j (6) (b).
By: Date:
Name:
Title:
Contractor Name:
Contractor Address:
File details come from the government source that posted it. Updated .