24BMS0232 Cremation Services Final.docx

Invitation for Bid # 24BMS0232, Cremation Services

INSTRUCTIONS TO BIDDERS

1. Create An Account Access to the University at Buffalo’s eProcurement System, ShopBlue (Jaggaer), is found at the public site URL: https://solutions.sciquest.com/apps/Router/SupplierLogin?CustOrg=SUNY. A free account is required to view bid opportunities and to submit proposals. Scroll down to enter your email address and click next.

2. Search For Bid Opportunities Proposals, subject to the terms, conditions and specifications of the IFB must be submitted at the public site URL: https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=SUNY. A public bid opening will not be held and late bids will not be accepted.

· Under Business Opportunities, click on Open for Bid

· In the Campus field, type University at Buffalo, then click Search

Get Help Using ShopBlue For help using ShopBlue e-procurement system, contact:

ShopBlue System Support Phone: 716-645-4500 Email: UBS-ShopBlue-Support@buffalo.edu Important Links:

Jaggaer Supplier Registration:

https://solutions.sciquest.com/apps/Router/SupplierLogin

Tutorial Video on registration process https://www.youtube.com/watch?v=EPwSanSotkw

3. In accordance with the requirements of New York State Finance Law Sections 139j and 139k (“Lobbying Law”), the restricted period for this procurement is now in effect until a binding contractual agreement exists with the selected Contractor and all other Bidders have been notified, or when the University rejects all proposals. Therefore, all communications regarding this procurement must be handled through the designated contacts only. Under no circumstances, may any Bidder or its representative, contact any employee or representative of the University regarding the IFB other than the designated contacts on this IFB. Strict adherence to this important procedural safeguard is required. Any violation of this condition may result in Bidder being considered non-compliant and ineligible for award.

4. Any bid received after the close date/time specified in this IFB will be considered a Late Bid. A Late Bid shall not be considered for award unless: (i) no timely bids meeting the requirements of this IFB are received; or (ii) in the case of a multiple award, an insufficient number of timely bids were received to satisfy the multiple award. Late Bids that are not considered will be held unopened, unless opened for identification, until after award and then retained with other unsuccessful bids. However, any bid bond or guarantee will be returned. Upon receipt of a Late Bid, the University will use the date and time stamp to document the Late Bid’s arrival.

5. SUBMISSION OF QUESTIONS: By submitting a proposal, the bidder agrees that it will neither make any claims for nor assert any right to, damages because of any misunderstandings or lack of information. Written questions and requests for clarification must cite the IFB section, where applicable. Questions received after the deadline may not be answered by the University. A comprehensive list of questions and the official University response will be issued as an Addendum. The Addendum will not contain the identities of the bidders submitting the questions; those bidders will remain anonymous to the extent allowed by law.

All questions should be submitted via the Question & Answer Board in the University at Buffalo’s ShopBlue Sourcing system on the date indicated in this IFB. The Question & Answer Board is located on the left navigation bar, under Tools.

6. SUBMISSION OF PROPOSAL: To be deemed “responsive” to this IFB, a Bidder must meet all mandatory requirements and qualifications and its proposal must address all points and questions appearing in this IFB. In the event a Bidder’s proposal is determined by the University to be “non-responsive,” the University may disqualify the proposal. A disqualified proposal will not be further evaluated or considered for contract award.

An authorized person must fully and properly execute the proposal. By signing, you certify (i) your express authority to sign on behalf of yourself, your company, or other entity; (ii) your full knowledge and acceptance of this IFB terms and conditions, Exhibit A (State University of New York Standard Contract Clauses), Exhibit A-1; and (iii) that all information provided is complete, true and accurate.

Proposals should be prepared in such a way as to provide straightforward, concise and specific information about the scope of services your company is able and willing to provide. Emphasis should be placed on responsiveness to the University’s desired services and goals.

Any additional information shall be submitted in a separate document in the Bidder Attachments located in the ShopBlue left navigation bar. Any Bidder terms which are attached or referenced with a submission shall not be considered part of the bid or proposal but shall be deemed included for informational purposes only.

Proposals may be withdrawn or modified by written request from the bidder at any time prior to the Bid Close Date/Time.

The submission of a proposal constitutes a non-revocable, binding offer to perform and provide said services. Such binding offer shall be firm and not revocable for a period of fifteen (15) days from bid opening. After fifteen (15) days, the proposal may remain in effect, subject to withdrawal communicated in writing signed by the Bidder.

The University reserves the right to request clarifications from Bidders for purposes of assuring a full understanding of responsiveness and further reserves the right to permit revisions from all Bidders determined to be susceptible to being selected for contract award, prior to award.

University reserves the right to reject separable portions of any offer, to negotiate terms and conditions consistent with the solicitation, and to make an award for any or all remaining portions.

University reserves the right to eliminate non-material requirements not met by all Bidders.

In the event of a discrepancy between the unit price and the extension, the unit price will govern. Prices must be extended in decimals, not fractions.

Bidder is responsible to bring to the University’s attention any deviations in the technical specifications and to make recommendations for any additional requirements deemed necessary as standard, or for work indicated in the specifications contained in this IFB. If the University, at its discretion, finds the deviations to be significant to require a change in the necessary specifications for the work, the University will notify all Bidders via an Addendum to the IFB. No deviations from the technical specifications provided herein shall be made without written approval of the University.

By submitting a proposal, Bidder agrees that it will not make any claims for, nor assert any right to damages because of any misinterpretation or misunderstanding of the specifications or because of any misinformation or lack of information.

Bidder may be requested to provide evidence that the award of a contract will not result in:

· a conflict of interest with regard to other work performed by Bidder

· a potential conflict of interest among Bidder’s staff

More than one (1) bid from an individual, firm, partnership, corporation or association under the same or different names will not be considered. Reasonable grounds for believing that a bidder is interested in more than one proposal for the same work will cause the rejection of all proposals in which such bidders are believed to be interested.

Any or all proposals will be rejected if there is reason to believe that collusion exists between bidders. Proposals in which the prices and quantities are obviously unbalanced will be rejected.

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

University at Buffalo Invitation for Bid (IFB) # 24BMS0232 Cremation Services

DUE DATE AND TIME: June 23, 2025 @ 2:30 PM EASTERN STANDARD TIME (EST).

Upon notice of award, the awarded bidder will be required to provide original, wet signatures for all applicable documents. The University and the awarded Bidder will coordinate logistics to facilitate this requirement.

A public bid opening will not be held, late bids will not be accepted.

DESIGNATED CAMPUS CONTACTS: These are the only people that Bidders may speak to until award of this bid. Email correspondence is preferred. The contractual contact must be included on all conversations regarding this bid.

CONTRACTUAL

Bethany Scibetta Senior Buyer University at Buffalo Purchasing 224 Crofts Hall Buffalo, NY 14260 bmscibet@buffalo.edu

RESTRICTED PERIOD: In accordance with the requirements of New York State Finance Law Sections 139j and 139k (“Lobbying Law”), the restricted period for this procurement is now in effect until a binding contractual agreement exists with the selected Contractor and all other Bidders have been notified, or when the University rejects all proposals. Therefore, all communications regarding this procurement must be handled through the above designated contacts only. Under no circumstances may any Bidder or its representative contact any employee or representative of the University regarding the IFB other than as provided in this section. Strict adherence to this important procedural safeguard is required. Any violation of this condition may result in Bidder being considered non-compliant and ineligible for award.

Definitions:

The following are interchangeable terms:

· Bidder = Contractor = Vendor = Offeror

· Bid = Proposal = Quote

· Contract = Agreement

SECTION 1: INTRODUCTION

1.1 SCOPE

The State University of New York at Buffalo (“University”) will contract with one (1) company for the purchase of Cremation Services. This Bid contains information and instructions to enable interested firms to prepare and submit proposals and accompanying material. Companies must submit a complete proposal that satisfies all the requirements as stated in this Bid and provide all information as requested.

1.2 BACKGROUND

The University at Buffalo (“University”) is the largest and most comprehensive campus in the 64-campus State University of New York system (“SUNY”). Founded in 1846, the University is a premier research-intensive public university dedicated to academic excellence. The University offers a wide range of academic programs including more than 100 undergraduate degrees, 205 master’s degrees and 94 doctoral and professional degrees. Currently there are more than 260,000 alumni taking leadership roles in communities and businesses throughout the United States, 135,000 in New York State, and in 148 countries around the world. Approximately 30,000 students attend the University. The University is a member in the prestigious Association of American Universities (“AAU”).

1.3 METHOD OF AWARD

Award Criteria:

This IFB is part of a competitive procurement process designed to serve the best interests of the University, State University of New York and the People of the State of New York. It is also designed to provide all bidders with a fair opportunity to have their services considered. The University encourages free and open competition. Whenever possible, terms, specifications, and conditions are designed to accomplish this objective, consistent with the necessity to satisfy the University’s needs.

The bidder with the highest Cost score (lowest cost) on the basis of grand total will be awarded a contract, as long as they are responsible and responsive to this IFB. The University reserves the right to make awards within ninety (90) days after the date of the bid opening. During which period, bids shall not be withdrawn unless the bidder specifically states in the bid that acceptance thereof must be made within a shorter specific time.

Any other information that may be relevant, but does not fall in the above format, should be provided as an appendix. Minor irregularities in the proposals which are immaterial or inconsequential in nature may be waived, whenever it is determined to be in the best interest of the University. If Bidder company literature or other publications are included and intended to respond to a specific IFB requirement, the response should include reference to the document name and page.

1.3.1 The University will review each proposal and will make a recommendation for contract award following the review process below.

1.3.1.1 Administrative Review: A review of each proposal, received by the due date and time, will be conducted to ensure that all mandatory requirements listed in the IFB are met, including Client References, which will be evaluated as pass/fail. Failure to meet any of the mandatory requirements will result in a proposal being considered non-responsive and the proposal will be eliminated from further evaluation.

1.3.1.2 Cost Review: Each proposal remaining after technical review will advance for cost review. The lowest cost proposal will receive full points. A percentage will be assigned in relation to the lowest Bidder’s costs in ascending order.

1.3.2 In the event of a tie in Cost scores, University will flip a coin to determine award.

1.4 ORDER OF PRECEDENCE

The following documents will be annexed to, and incorporated into, and made part of, the Agreement:

(a) Exhibit A, State University of New York Standard Contract Clause

(b) Exhibit A-1, State University of New York Affirmative Action Clauses

(c) The Agreement, including any attachments and schedules thereto

(d) SUNY’s Invitation for Bid

(e) Successful Offeror’s Proposal

In the event of any inconsistency in, or conflict among, the document elements described above, such inconsistency or conflict shall be resolved by giving precedence to the document elements in the order set forth above.

1.5 TERM OF AGREEMENT/CONTRACT TERM

The successful bidder will be required to enter into a formal written agreement with the University for a period of one (1) year. Award is contingent upon full execution of a contract by the parties and the approval of the State Office of the Attorney General (OAG) and Office of the State Comptroller (OSC), if applicable.

1.6 PRICING

All proposed pricing must be included in Attachment A: Pricing Page to be considered. Any alternative price quote documents provided in response to this solicitation will not be considered. Prices quoted in Attachment A: Pricing Page shall remain firm for the first (1st) full year of the Agreement, except in the event of price decreases which are permitted and encouraged at any time. Increases in annual costs for the second (2nd) through the fifth (5th) year shall not exceed inflation guidelines as established by the nationally accepted consumer price index (CPI) for each year. The specific inflation level will be based on the average CPI percentage for the (12) twelve month period ending ninety (90) days prior to each subsequent contract year. The approval document for this contract will be: U.S. Department of Labor Consumer Price Index, Northeast Urban, All Items. Price increases requested from above CPI levels must be accompanied by support documentation for the increase and said increase must be acceptable to the University and subject to OSC prior approval. Newly negotiated labor agreements, manufacturer’s increases, and nationally accepted fuel cost adjustments are examples of increases, which could exceed CPI averages.

1.7 LATE BID

Any bid received after the time specified in this IFB will be considered a Late Bid. A Late Bid shall not be considered for award unless: (i) no timely bids meeting the requirements of this IFB are received; or (ii) in the case of a multiple award, an insufficient number of timely bids were received to satisfy the multiple award. Upon receipt of a Late Bid, the University will use the ShopBlue (Jaggaer) date and time stamp to document the Late Bid’s arrival. Late Bids that are not considered will be held unopened, unless opened for identification, until after award and then retained with other unsuccessful bids. However, any bid bond or guarantee will be returned.

1.8 SUBMISSION OF QUESTIONS

By submitting a proposal, the bidder agrees that it will neither make any claims for nor assert any right to, damages because of any misunderstandings or lack of information. Questions should be submitted through the University’s eProcurement system, ShopBlue (Jaggaer), Question & Answer Board. See “Instructions to Bidders” attachment for details. Written questions and requests for clarification must cite the IFB section, where applicable. Questions received after the deadline may not be answered by the University. A comprehensive list of questions and the official University response will be issued as an Addendum to the IFB, and will be attached to Contract Reporter ad # XXXXXXX located at www.nyscr.ny.gov. The Addendum will not contain the identities of the bidders submitting the questions; those bidders will remain anonymous to the extent allowed by law.

SECTION 2: SPECIFICATIONS / SCOPE OF WORK

Each proposal shall be with the understanding that, at a minimum, the successful bidder will be required to provide the services identified below, observing all applicable federal, state and local laws relating to industry, labor, and employment in a manner consistent with U.S. standards of good practice. The University shall not be responsible for any services provided by the successful Bidder that are outside the scope of the contract awarded. The University shall not be responsible for any additional costs other than the costs for the services outlined in Attachment A: Pricing Page herein, or for any work performed that has not been properly authorized in writing by the University.

2.1 Scope of Work

The State University of New York at Buffalo (University) will contract with one vendor for Cremation Services for our Anatomical Gift Program. During this contract we anticipate a higher volume of cremations, up to 500, for the year.

Bodies are transported to the crematorium contained in heavy duty bags and packaged in cardboard boxes. The full cardboard box and all of its contents can be cremated as a single unit.

2.1.1 Specifications

2.1.1.1 The University is looking to partner with a vendor that will be able to provide whole body cremations only. requests for the cremation of partial body segments, blood, or tissues would not be included.”

2.1.1.2 The University may request a higher volume in a single day up to 4 cremations. Please note if this would not be feasible for your organization

2.1.1.3 The majority of bodies have to be brought over and will have been embalmed. There will be occasions where fresh bodies will be brought for cremation. These will be refrigerated up to the time of transfer, but will require refrigeration at the Crematory if not immediately cremated. These bodies will be clearly identified when delivered.

2.1.1.1

2.2.3

SECTION 3: BIDDER QUALIFICATONS & REQUIREMENTS

One (1) contract will be awarded to a responsive and responsible Bidder, qualified by experience and in a financial position to do the work specified. The University is not interested in receiving standard marketing materials. The Bidder must provide the following information so that the University can evaluate the Bidder’s stability and ability to support the commitments set forth in response to this IFB. The University reserves the right to require a Bidder provide additional documentation to support and/or clarify their response. In order to facilitate prompt award of the bid, the Bidder shall attest to the following, labeling response to each section as indicated:

3.1 RELEVANT EXPERIENCE (label response “Attachment 3.1”)

The Bidder must provide a narrative demonstrating in detail relevant experience and success with services of similar magnitude and scope so that the University can evaluate the Bidder’s stability and ability to support the commitments set forth in response to this IFB. Provide a narrative confirming the below requirements information.

3.1.1 The Bidder shall be experienced in cremation services of this scope with at least five (5) years’ experience.

3.2 REGULATIORY REQUIREMENTS

Vendor must comply with all applicable federal and New York State laws, rules and regulations, including but not limited to, Article 15 of the New York State Not-for-Profit Corporation Law, Article 42 of the New York State Public Health Law, 19 NYCRR Part 203, Article 34 of the New York State Public Health Law (if applicable), laws, rules, regulations, policies and procedures of the New York Department of Environmental Conservation, and all applicable New York State environmental and sanitary laws, rules, regulations and codes.

3.3 REFERENCES (label response “Attachment B”)

The Bidder must provide at least three (3) client references in Attachment B: Reference Request Form work performed of a similar scope and nature for similarly sized institutions in higher education sector. References must include institution name, contact person name/title, address, telephone number, email address, and a description of the work performed. References will be checked in order to determine if the services were of similar size and nature, verifying components similar to the requirements of this IFB; work was performed in a satisfactory and timely manner; that all terms and conditions of the contract were met; that Bidder’s staff had the appropriate skills to perform required tasks and problem resolution; and that the work files were maintainable. The Bidder is encouraged to confirm the accuracy of client reference information prior to including in their bid response. References will be evaluated as pass/fail, as stated in Section 1.3.1.1.

SECTION 4: TERMS AND CONDITIONS

SUBMISSION OF BIDS

4.1 SUBMISSION

4.1.1 Bidders are required to submit a complete proposal. To be deemed “responsive” to this IFB, a Bidder must meet all mandatory requirements and qualifications and its written proposal must address all points and questions appearing in this IFB. In the event a Bidder’s proposal is determined by the University to be “non-responsive,” the University may disqualify the proposal. A disqualified proposal will not be further evaluated or considered for contract award.

4.1.2 An authorized person must fully and properly execute the proposal. By signing, you certify (i) your express authority to sign on behalf of yourself, your company, or other entity; (ii) your full knowledge and acceptance of this IFB terms and conditions, Exhibit A (State University of New York Standard Contract Clauses), Exhibit A-1; and (iii) that all information provided is complete, true and accurate.

4.1.3 Proposals should be prepared in such a way as to provide straightforward, concise and specific information about the scope of services your company is able and willing to provide. Emphasis should be placed on responsiveness to the University’s desired services and goals. See requirements in Sections 2 and 3.

4.1.4 Proposals shall be returned in time and intact as it was sent, or proposal may not be considered. Do NOT alter the bid documents/forms.

4.1.5 Any additional information shall be submitted under separate cover at the end of the proposal. Any Bidder terms which are attached or referenced with a submission shall not be considered part of the bid or proposal, but shall be deemed included for informational purposes only.

4.1.6 Proposals may be withdrawn or modified by written request from the bidder at any time prior to the deadline for receipt of responses.

4.1.7 The submission of a proposal constitutes a non-revocable, binding offer to perform and provide said services. Such binding offer shall be firm and not revocable for a period of ninety (90) days from bid opening. After ninety (90) days, the proposal may remain in effect, subject to withdrawal communicated in writing signed by the Bidder.

4.1.8 The University reserves the right to request clarifications from Bidders for purposes of assuring a full understanding of responsiveness and further reserves the right to permit revisions from all Bidders determined to be susceptible to being selected for contract award, prior to award.

4.1.9 University reserves the right to reject separable portions of any offer, to negotiate terms and conditions consistent with the solicitation, and to make an award for any or all remaining portions.

4.1.10 University reserves the right to eliminate non-material requirements not met by all Bidders.

4.1.11 In the event of a discrepancy between the unit price and the extension, the unit price will govern. Prices must be extended in decimals, not fractions.

4.1.12 Bidder is responsible to bring to the University’s attention any deviations in the technical specifications and to make recommendations for any additional requirements deemed necessary as standard, or for work indicated in the specifications contained in this IFB. If the University in its discretion finds the deviations to be significant to require a change in the necessary specifications for the work, the University will notify all Bidders via ShopBlue (Jaggaer) of the change in specifications. No deviations from the technical specifications provided herein shall be made without written approval of the University.

4.1.13 By submitting a proposal, Bidder agrees that it will not make any claims for, or have any right to damages because of any misinterpretation or misunderstanding of the specifications or because of any misinformation or lack of information.

4.1.16 Any or all proposals will be rejected if there is reason to believe that collusion exists between bidders. Proposals in which the prices and quantities are obviously unbalanced will be rejected.

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

4.1.18 University’s Reserved Rights:

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

4.1.18.2 Make no contract award.

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

4.1.18.4 Withdraw the IFB at any time, at University’s sole discretion.

4.1.18.5 Disqualify any Bidder whose conduct or proposal fails to conform to the IFB including but not limited to: Bidder contact outside of designated contacts; Bidder response contains conflicts with IFB terms and conditions; and Bidder’s failure to accept New York State Exhibit A and Exhibit A-1.

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

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

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

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

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

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

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

4.2 ADDENDA

University reserves the right to amend the IFB prior to the Bid submittal date specified in the timeline of this IFB. In the event that this occurs, University will make its best efforts to issue all addenda in a timely manner. All Addenda will be attached to Contract Reporter Ad # XXXXXXX located at www.nyscr.ny.gov. The bid process is intended to ensure that all Bidders have equal access to information relative to this IFB. No information communicated verbally shall be binding, unless confirmed by written communication from University.

4.3 AFFIRMATIVE ACTION POLICY

New York State Executive Order Number 6, regarding equal employment opportunities states:

It is the policy of the State of New York that equal opportunity be assured in the State’s personnel system and affirmative action provided in its administration in accordance with the requirement of the State’s Human Rights Law and the mandate of Title VII of the Federal Civil Rights Act, as amended. Accordingly, it is the responsibility of the State’s Department of Civil Service to enforce the State‘s policy of ensuring full and equal opportunity for minorities, women, disabled persons and Vietnam era veterans at all occupational levels of state government. In keeping with this policy, the State University of New York and the State University of New York at Buffalo mandates compliance internally and for all organizations with which it conducts business. Additionally, the following language applies with respect to this IFB and shall be deemed incorporated into any contract or subcontract issued hereunder: This contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-300.5(a) and 60- 741.5(a). These regulations prohibit discrimination against qualified individuals on the basis of protected veteran status or disability, and require affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans and individuals with disabilities.

4.4 CHANGES

By written notice to the Contractor, the University may make changes within the general scope of the contract. The Contractor and the University’s Contract Manager(s) shall come to a mutual agreement, and together will determine if any additional charges apply. Once there is consensus, a written Amendment to the contract will be required. The Amendment to the contract will be executed by University and Contractor and submitted for approval by the State Office of the Attorney General and Office of the State Comptroller.

4.5 COMPLIANCE WITH NEW YORK STATE REQUIREMENTS

It is mandatory that every Bidder must comply and submit all required documentation, if relevant to this proposal. This documentation includes, but is not limited to New York State Finance Law 139j & 139k Procurement Lobbying Form, New York State Finance Law 139l, Sexual Harassment Prevention, New York State Executive Order 177, Acknowledgement of Child Protection Policy, Encouraging use of New York State Business in Contract Performance, New York State Vendor Responsibility Questionnaire, ST-220-TD Contractor Certification to Tax Department, ST-220-CA Contractor Certification to Covered Agency, and Non-Collusion Certificate. Failure to submit completed forms could result in Bidder disqualification. NOTE: The ST-220-TD Contractor Certification Form is submitted to the NYS Department of Tax and Finance, and is a one-time only filing.

4.6 CONTRACTOR’S REPRESENTATIONS AND WARRANTIES

4.6.1 The Contractor warrants that the services it provides under the Agreement resulting from this IFB will conform substantially to the specifications set out in the Agreement and that all work will be performed in a professional and workmanlike manner, in accordance with the highest applicable industry standards. For purposes of this Agreement, “highest applicable industry standards” shall be defined as the degree of care, skill, efficiency, and diligence that a prudent person possessing technical expertise in the subject area and acting in a like capacity would exercise in similar circumstances.

4.6.2 Contractor represents that it is fully capable and willing to provide the services required by the Agreement resulting from this IFB; that it has full right and authority to enter into the Agreement; that consent, authorization, order or approval of, or filing or registration with any governmental agency, commission, board, other regulatory body, any person or entity or any corporate affiliates is either not required or has been obtained for or in connection with the execution and delivery of the Agreement by Contractor and the performance of the work hereunder; that it is not a party to, subject to, or bound by, any agreement, judgment, order, writ, injunction or decree which would prevent the carrying out of the Agreement resulting from this IFB.

4.7 DATA PRIVACY & SECURITY

When Contractor creates, receives, maintains or transmits data on behalf of University (“University”), Contractor will comply with the following requirements to safeguard University Data:

4.7.1 Contractor will use any University Data only for the purpose of fulfilling its duties under the Agreement and will not share such data with, or disclose it to, any third party without the prior written consent of University, except as required by the Agreement or as otherwise required by law.

4.7.2 Contractor will provide access to University Data only to its employees and subcontractors who need to access the data to fulfill its obligations under the Agreement.

4.7.5 FERPA Compliance: In addition to any other confidentiality obligations herein, Contractor agrees that any disclosure of student education records by University is subject to applicable law including Family Educational Rights and Privacy Act (20 U.S.C. § 1232g; 34 CFR Part 99) (“FERPA”) and any implementing regulations. With respect to any such disclosure, Contractor agrees to the following: (1) that Contractor’s use of student education records will be limited to those purposes expressly authorized in this Agreement; and (2) that Contractor will abide by the limitations on re‐disclosure of education records and/or personally identifiable information from education records as set forth in FERPA and (3) that, unless the parties designate another exception in the Agreement, any disclosure of student education records is done so pursuant to the “school official” exception to FERPA, Contractor is a “school official” with a “legitimate educational interest” in any student education records disclosed, and Contractor is under the direct control of University with respect to the use and maintenance of any such student education records. Education records are any and all records, data, or information related to any student or students of University. This obligation shall survive termination of this Agreement.

4.7.6 European Union (“EU”) General Data Protection Regulation (“GDPR”): Unless otherwise agreed in writing by the parties, Contractor, as well as any subcontractors Contractor may employ to perform any of its obligations under this Agreement, shall be solely responsible for compliance with the EU GDPR 2016/679, if applicable.

4.7.7 Gramm-Leach-Bliley Act: Pursuant to the Gramm-Leach-Bliley Act (P.L. 106-102) and the Federal Trade Commission’s Safeguards Rule (16 CFR Part 314) (“GLBA”), and to the extent Contractor is a financial institution or service provider of SUNY under these regulations with respect to student or customer information, Contractor will comply with the Safeguards Rule including the requirement to implement and maintain a written Information Security Program (“Program”) in order to protect such nonpublic customer information (any record containing nonpublic personal information as defined in 16 CFR §313.3(n), whether in paper, electronic, or other form that is handled or maintained by or on behalf of SUNY or SUNY affiliates (16 CFR §314.2)).

4.7.8 HIPAA: The Contractor will comply with all personal health information protection requirements, if applicable, outlined in the Health Insurance Portability and Accountability Act (HIPAA) and complete the HIPAA Business Associate Agreement.

4.7.9 Data Security Requirements: Contractor agrees at all times to maintain industry standard information and critical infrastructure security features and protocols which at a minimum, include: network firewall provisioning, intrusion detection, Distributed Denial of Service Scrubbing and regular (at least annually) third party vulnerability assessments, or equivalent. Further, Contractor agrees to maintain information and critical infrastructure security that conforms to generally recognized “Industry Standards“ and best practices that Contractor applies to its own network, infrastructure, applications and data. Generally recognized industry standards include but are not limited to the current standards and benchmarks set forth and maintained by the Center for Internet Security (See, http://www.cisecurity.org) or Payment Card Industry/Data Security Standards (PCI/DSS) (See, http://www.pcisecuritystandards.org). Contractor will maintain a data security plan (“Data Security Plan”), or equivalent, which will comply with PCI DSS requirements and all applicable legal and regulatory requirements for data protection. In addition, the Data Security Plan will protect against any anticipated threats or hazards to the security or integrity of information stored on its servers and unauthorized access to or use of such information that could result in harm or inconvenience to the person who is the subject of such information. Contractor will review, at least annually, its Data Security Plan and update and revise it as needed. A copy of Contractors’ Data Security Plan, or equivalent, will be made available to University upon request. Contractor shall maintain mandatory procedures and protocols outlined in its “Information Security Incident Response Policy” to be undertaken in the event of an identified or suspected breach of credit card information or current or former student information that is not Directory Information. A copy of Contractor’s Information Security Incident Response Policy, or equivalent, will be made available to University upon request. In the event a breach is suspected, Contractor will: (i) immediately contain the possible exposure while not compromising any data on its system; (ii) contact all members of its Corporate Security Committee; (iii) initiate a local analysis within 24 hours of the suspected breach to determine the type of information that has been potentially compromised, the individuals and University at risk, the incident time frame at risk and the suspected cause of the incident; and (iv) if a breach is identified, immediately contact affected parties with details of the breach.

4.7.10 Compliance with Breach Notification and Data Security Laws: Contractor shall comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law § 899-aa; State Technology Law § 208) (“ISBNA”) and shall also comply with General Business Law § 899-bb (“SHIELD”). Contractor agrees to maintain the security of private information (as defined in ISBNA) and to prevent unauthorized use and/or disclosure of that private information; and implement administrative, physical, and technical safeguards required by law. Contractor agrees to fully disclose to University pursuant to the ISBNA, SHIELD, FERPA, GLBA and any other applicable law any breach of the security of a system where Contractor creates, receives, maintains or transmits private information on behalf of University following discovery or notification of the breach in the system as to any resident of New York State whose private information was, or is reasonably believed to have been, acquired by a person without valid authorization (“Security Incidents”). The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the system. Contractor shall be liable for the costs associated with such Security Incidents if caused by Contractor’s negligent or willful acts or omissions, or the negligent or willful acts or omissions of Contractor’s agents, officers, employees or subcontractors. In the event of a Security Incident involving University Data, pursuant to the ISBNA/SHIELD, University has an obligation to notify every individual whose private information has been or may have been compromised. In such an instance, Contractor agrees that University will determine the manner in which such notification will be provided to the individuals involved pursuant to the ISBNA/SHIELD and agrees to indemnify University against any cost arising from the Security Incident including, but not limited to, the cost of investigating the incident and of providing notice to the affected individuals. Upon termination or expiration of the Agreement, Contractor will follow University’s instructions relating to any University Data remaining in Contractor’s possession. Upon authorization from University, Contractor will use data and document disposal practices that are reasonable and appropriate and in compliance with ISBNA/SHIELD and any other applicable law to prevent unauthorized access to or use of University Data and will render the private information so that it cannot be read or reconstructed.

4.7.11 Disaster Recovery: Contractor shall maintain disaster recovery services at the dedicated facility that is able to handle University Data and business continuity needs under the Agreement in the event disaster recovery is needed. Throughout the term of the Agreement, Contractor shall maintain contracts or arrangements that are substantially equivalent or an improvement to those currently in effect. Contractor shall test disaster recovery capabilities, at least once every calendar year and provide University with a copy of its disaster recovery plan, or equivalent, upon request.

4.7.12 Business Continuity: Contractor at all times must have a business continuity plan in place designed to minimize the risks associated with a disaster or similar incident impacting Contractor’s ability to provide Services under the Agreement.

4.8 DEBRIEFING

Bidders that responded to this bid will be given written notices as to whether their Bids were successful or unsuccessful. Upon being notified of their unsuccessful Bids, Bidders may request a debriefing in writing within fifteen (15) calendar days of such notice. The fifteen (15) day period starts, once unsuccessful Bidders are notified. Once a request is made by the Bidders:

(i) The University will schedule the debriefing within a reasonable time of such request.

(ii) The debriefing will be conducted in person with the Bidder, unless the University and the Bidder mutually agree to use another method such as by telephone, video conference or another type of electronic communication.

(iii) Bidders’ written request must state whether the Bidder will be attending with counsel, to allow the University to arrange for the University counsel attendance if so determined.

(iv) The debriefings will cover, but not limited to the following:

(a) The reason why the Bid was unsuccessful.

Proposal Protest Procedures:

Bidders wishing to file a bid protest may do so in accordance with the University’s procedures, available at: http://www.suny.edu/sunypp/documents.cfm?doc_id=699.

4.9 DETERMINATION OF VENDOR RESPONSIBILITY

New York State procurement law requires that state agencies award contracts only to responsible Bidders. Additionally, the New York State Comptroller must be satisfied that a proposed Contractor is responsible before approving a contract award under Section 112 of the State Finance Law. Section 163 of the New York State Finance Law (“SFL”) requires that contracts for services and commodities be awarded on the basis of lowest price or best value “to a responsive and responsible Bidder.” Section 163 (9)(f) of the SFL requires that prior to making a contract award, each contracting agency shall make a determination of responsibility of the proposed Contractor. In accordance with these procurement laws, University will conduct an affirmative review of vendor responsibility for all organizations or firms with which it conducts business. In response to this section, awarded Bidder(s) and all proposed subcontractors who may receive more than $100,000 over the life of the contract are required to file the required Vendor Responsibility Questionnaire online via the New York State VendRep System or may choose to complete and submit a paper questionnaire. To enroll in and use the VendRep System, see the VendRep System Instructions on the Office of State Comptroller (OSC) website, available at: www.osc.state.ny.us/vendrep or go directly to the VendRep System online at https://portal.osc.state.ny.us. For VendRep System user assistance, the OSC Help Desk may be reached at 866-370-4672 or 518-408-4672 or by email at helpdesk@osc.state.ny.us. Awarded Bidders opting to file a paper questionnaire may obtain the appropriate questionnaire from the VendRep website www.osc.state.ny.us/vendrep.

4.10 ELECTRONIC PAYMENT AUTHORIZATION

Contractor shall provide complete and accurate billing invoices to SUNY in order to receive payment for its services. Billing invoices submitted to SUNY must contain all information and supporting documentation required by SUNY and OSC. Payment for invoices submitted by Contractor shall only be rendered electronically unless payment by paper check is expressly authorized by the Vice Chancellor for Business and Finance of the State University of New York or designee, in her/his sole discretion, due to extenuating circumstances. Such electronic payment shall be made in accordance with ordinary New York State procedures and practices. Contractor shall comply with the OSC procedures to authorize payments. Contractor acknowledges that it will not receive payment on any invoices submitted under this Agreement if it does not comply with the OSC’s electronic payment procedures, except where the Vice Chancellor or designee has expressly authorized payment by paper check as set forth above.

4.11 EXCESSIVE DOWNTIME

Software furnished under this contract shall be capable of continuous operation. Should the software become inoperable due to code defects for a period of more than twenty-four (24) hours, the Contractor agrees to pro-rate maintenance charges to account for each full day of inoperability. The period of inoperability shall commence upon initial notification, including verbal notification. In the event the software remains inoperable for more than two (2) consecutive calendar days, the contractor shall promptly replace the software at no charge upon request of the procuring agency. Such replacement shall be with new, unused software of comparable quality, and must be installed and operational within two (2) days following the request.

4.12 EXECUTIVE ORDER 16 (EO 16)

Effective March 17, 2022, all New York State Entities are to refrain from entering into any new contract or renewing any existing contract with an entity conducting business operations in Russia. New York State Executive Order No. 16 is intended to ensure that New York State is not entering into contracts with entities conducting business in Russia and thereby indirectly supporting Russia’s unjustified war against the Ukrainian people. More information may be found at https://ogs.ny.gov/EO-16. Bidders prior to contract award must complete Certification Under Executive Order No. 16 Form and return it to the New York State Entity. In response to this section, complete and submit Certification Under Executive Order No. 16.

4.13 EXECUTIVE ORDER 177 (EO 177)

The New York State Human Rights Law, Article 15 of the Executive Law, prohibits discrimination and harassment based on age,…