2704-RFQ - Nuclear Medicine - 08.17.26 .pdf

SUMMARY INFORMATION FORM (REQUEST FOR QUALIFICATIONS)

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

RFQ: FM&D Project 2704 RFQ Title: Nuclear Medicine A2-623 Alterations and Equipment Upgrades

RFQ Release Date: August 18, 2026

Key Events Summary Information Form (Intent to Bid/No Bid)- Scanned copy requested ASAP and original must be submitted with Proposal

Scanned copy ASAP. Original with Bidders Response (Proposal)

Questions/Requests for clarification due September 23, 2026 at 2:00 PM (EST) Response to questions/requests for clarifications issued September 29, 2026 (projected) Proposal Due Date and Time October 7, 2026 at 12:00 PM (EST)

Mandatory Walkthrough September 16, 2026 at 10 AM (EST) Anticipated Notification of Award TBD Anticipated Contract Start Date TBD Anticipated Term Length of Contract TBD SUNY reserves the right, in its sole discretion, to modify the above schedule. Bidders will be notified via email of any changes in a timely manner Contact Information Primary Contact:

Sophia Brinnius Contracts Officer 718-270-3109 Sophia.Brinnius@Downstate.edu

Other Contact: MWBE and SVBOD Alicia Saleh MWBE Coordinator Alicia.Saleh@Downstate.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. Therefore, all communications regarding this procurement must be handled through the State University of New York’s designated contacts only, whose names and contact information are set forth above.

Bidder Information Legal Business Name of Company Bidding: D/B/A – Doing Business As (if applicable): Bidder’s Federal Tax Identification

Number:

Contact Name:

Email Address:

Telephone Number:

NYS Vendor ID Number:

Street Address: City/State: Zip Code:

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

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

Bidders Signature: Title:

Printed Name: Date:

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

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

Downstate Health Sciences University The State University of New York 450 Clarkson Avenue | MSC #13

Brooklyn, NY 11203 downstate.edu

Request for Qualifications

Architectural and Engineering Services

For Nuclear Medicine Suite A2-623 Alterations and

Equipment Upgrades Project #2704 / 1410XX

University Hospital of Brooklyn

Nuclear Medicine Suite A2-623 Alterations and Equipment Upgrades

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

Table of Contents 1 Request for Qualifications

2 Instructions

2.1 Format of Proposal and Statement of Qualifications

2.2 Pre Bid Meeting

2.3 RFQ Process and Evaluation Criteria

2.4 References

2.5 Additional Information

3 Scope of Services

3.1 Background

3.2 Available Data

3.3 Scope of Services

3.4 Program Budget

3.5 Basic Design Fee

3.6 Subconsultant Staffing

3.7 Time of Completion Schedule

4 General Conditions

4.1 Additional Terms & Conditions

4.1.1 Vendor Debriefing

4.1.2 Proposal/Qualifications Confidentiality

4.1.3 Information Security Breach and Notification Act

4.2 Required Consultant Documentation

4.2.1 Minority & Woman Owned Business Enterprises Participation

4.2.2 Service Disabled Veteran Owned Business Enterprises Participation

4.2.3 Equal Opportunity Requirements

4.2.4 Executive Order 162 (EO162)

4.2.5 Executive Order 177 (EO177)

4.2.6 State Finance Law §§ 139-l

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

4.2.8 Omnibus Procurement Act of 1992 (Form from SUNY Procedure 7553) .. 18

4.2.9 Encouraging Use of New York State Businesses in Contract Performance

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

4.2.10 Required Insurance

4.2.11 Vendor Responsibility

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

4.2.13 Contract Award Protest Procedure

4.3 Additional Terms & Conditions

5 Attachments

5.1 Terms and Conditions

5.2 Minority and Women Owned Business Enterprise Requirements

5.3 Service Disabled Veteran-owned Business Enterprise Requirements

5.4 Required Consultant Documentation Forms

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

1 Request for Qualifications State University of New York Downstate Health Sciences University (“SUNY Downstate,” “Downstate,” “DHSU,” “The University”) is seeking qualifications from consultant design firms/teams for full professional architectural / engineering services to renovate the Nuclear Medicine Suite, A2-623 in University Hospital at Downstate’s (“UHD” “the Hospital”) Second Floor Radiology Department. This renovation is required to accommodate the Radiology Department’s upgraded imaging equipment. The Project’s scope is limited to the area shown on the included Plan. However, in order to maintain continuity of patient care, the Project includes design services to enable placement of a trailer with similar imaging equipment on a street adjacent to the Hospital for the duration of the Construction Phase. While the impetus of the Project is replacement and upgrading our medical equipment, the services necessarily include surveying existing conditions and documentation, and potential required modifications to the space(s), infrastructure and the general environment to ensure a fully code complying, safe and pleasant Unit for patients and staff.

SUNY Downstate is one of the nation's leading urban medical centers. Downstate comprises a College of Medicine, School of Health Professions, College of Nursing, School of Graduate Studies, School of Public Health, and University Hospital at Downstate. University Hospital at Downstate is the borough's only hospital located at an academic medical center. As such, it offers the most advanced and comprehensive care in Brooklyn. It serves a population of more than three million, with 342 beds, 70 specialty clinics and centers of excellence, and more than 300,000 annual outpatient visits. UHD, constructed in 1965, is a nine (9) story facility of approximately 689,000 gross square feet.

2 Instructions Interested firms shall submit a Statements of Qualifications (SOQ) not later than 12:00 PM on Wednesday, October 7, 2026. The submitting firm must:

1. Prepare a clearly readable document. Attach all required information.

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

3. Sign the qualifications submittal. By signing the Offeror indicates full knowledge and acceptance of this Request for Qualifications (RFQ) including Exhibits A and A-1. The proposal must be completed in the name of the proposer, corporate or otherwise, and must be fully and properly executed by an authorized person.

4. Submit five (5) completely bound SOQ packages, one of which shall have original signatures, and one (1) USB flash drive containing pdf copies of the complete SOQ in the format described herein. The flash drive shall be placed in a sealed envelope, labeled as follows:

• Architectural / Engineering Services – Nuclear Medicine Suite A2-623

Renovations and Equipment Upgrades – Project# 2704/14XXXX-00

• Firm Name https://www.downstate.edu/college-of-medicine/index.html https://www.downstate.edu/chrp/index.html https://www.downstate.edu/nursing/ https://www.downstate.edu/nursing/ https://www.downstate.edu/grad/ https://www.downstate.edu/publichealth/index.html https://www.downstate.edu/uhb/index.html https://www.downstate.edu/uhb/index.html

Nuclear Medicine Suite A2-623 Alterations and Equipment Upgrades

Project #2704 / 1410XX

Page 5 of 26 SUNY Procedure 7555; Form 7555-01 November 2025

• Firm Address

• Contact Person’s Name / Telephone Number / Email Address

5. Qualifications must be received by Sophia Brinnius by the due date and time listed above. Offerors mailing their qualifications must allow sufficient time to ensure receipt of their proposals by the time specified. Electronically transmitted qualifications will not be accepted.

• Submissions are to be addressed to

Sophia Brinnius, Contracts Officer SUNY Downstate Health Sciences University 450 Clarkson Ave – MSC 113 Brooklyn, New York, 11203-2098

Pursuant to State Finance Law Section 139-j and 139-k, this RFQ includes and imposes certain restrictions on communications between the University and potential consultants during the procurement process. Respondents are strongly urged to submit all questions by email. Any questions regarding this RFQ shall be directed to one of the following persons only:

• Sophia Brinnius 718-270-3109 sophia.brinnius@downstate.edu

• Alicia Saleh 718-270-1498 alicia.saleh@downstate.edu

(MWBE/SVDOB issues only)

Questions from prospective responders will be considered if received no later than 2:00 p.m. on Wednesday, September 23, 2026. Responses to Questions will be given by close of business on Tuesday September 29, 2026.

6. No cost proposals are to be submitted with the qualifications. Cost proposals will be requested only after a consultant selection is made.

2.1 Format of Statement of Qualifications

SOQ submissions shall be organized into the following sections. Any forms required by this RFQ must be submitted without any revision to format. Any SOQ submissions which deviate from the required format may be rejected. Submittal of forms that have been altered may also result in the SOQ being rejected.

Cover Letter A signed, one (1) page cover letter briefly expressing your firm’s interest in contracting with the University for the services indicated and your understanding of the scope of services to be provided. Indicate the disciplines in which your team has the necessary expertise and experience and can effectively undertake the Project. The cover letter shall also include the name, title, address, phone number and email address of the mailto:sophia.brinnius@downstate.edu mailto:alicia.saleh@downstate.edu

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Page 6 of 26 SUNY Procedure 7555; Form 7555-01 contact person for the team.

Section 1: Experience Describe the experience of the firm as it directly relates to this Project. This section shall include a list of relevant projects completed by the firm/team in the last ten years by project name, owner and contact, date completed and budget/cost. A more descriptive presentation of the five (5) most relevant projects shall be limited to two (2) pages per example, including descriptive information and graphics. Each of these five projects shall include the following information:

1. Project name, owner and address

2. Owner’s Project contact name, title and telephone/email (who may be contacted by the University for information as to the firm’s performance).

3. Description of services provided – architecture/engineering / study / planning / design / construction phase services and date of completion.

4. Issues or obstacles unique to the project and techniques employed to solve the problem.

Section 2: Project Organization Provide an organization chart showing the firm(s), including subconsultants, that may compose a team for this Project. This chart shall provide the consultant / subconsultant name and role, as well as the title and function of the key project personnel.

• Consultant / Subconsultants and MWBE & SVDOB Utilization o The Consultant’s team shall include subconsultants with the relevant expertise and experience to successfully accomplish the Project.

o As further described in other sections herein, under Evaluation Criteria and Required Consultant Documentation, the University recognizes its obligation and is committed to providing meaningful opportunities for NYS Certified MWBE and SDVOB entities. The Consultant shall indicate in this Section if it or subconsultants have such certifications and their roles in the team.

Section 3: Project Staffing Resumes, limited to one (1) page per person, shall be provided for each key personnel planned for the Project. Resumes shall include name, firm title, licenses, affiliations, education and relevant project experience – including such with similar institutions or agencies as DHSU. Each entry shall clearly identify whether it was with the submitting firm or another.

Section 4: References The consultant shall provide five (5) names with contact information [organization, title, telephone and email] for individuals who may be requested to provide information as to the firm’s performance on past / current projects.

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2.2 Mandatory Pre-Bid Meeting

Submitting firms will have the opportunity to view parts of the Project’s existing conditions on Wednesday, September 16, 2026, at 10 AM. Firms planning to attend must notify Sophia Brinnius, 718-270-3109 not later than 1 PM on Monday, September 10, 2026, providing the names of attendees. Attendees will gather promptly at the noted time in DHSU’s lobby, 450 Clarkson Avenue, Brooklyn, NY, 11203 and shall be prepared to present State issued identification, as well as complying with all other current requirements for admission to the facility. No other pre-submission meeting will be available.

2.3 RFQ Process and Evaluation Criteria

The basis for selection of a design consultant/team shall be demonstrated competence and qualifications for the type of services described herein.

• SOQs will be reviewed by a Selection Committee comprised of design professionals from SUNY Downstate.

• The Committee will develop a Short List of consultants.

• Each Committee member, after reviewing all SOQs will numerically rate each consultant/team using established criteria including:

1. Firm qualifications and experience relevant to this Project.

2. Qualifications of proposed key personnel.

3. Previous project experience demonstrating the particular expertise this Project requires.

4. Proposed M/WBE / SDVOB participation.

5. References.

6. And any additional criteria that the Committee may deem appropriate to this

Project.

• Upon conclusion of the aforementioned evaluation the Committee will develop a

Short List of consultants. They may consider the total numerical score that resulted from applying the above criteria, and then assign the following numerical ranking to each submission:

o 1 - firm should not be considered for this contract o 2 – firm may merit further consideration for this contract o 3 – firm merits further consideration for this contract

• The Committee reserves the right to conduct interviews with short listed firms.

Interviewed firms will be evaluated and ranked numerically using similar criteria to that described above, which will be provided to interviewees prior to the meeting.

• The submission with the highest numerical ranking – either on the short list or after the interviews – will be requested to submit a fee proposal.

• Upon successful negotiation and mutual acceptance of a fee proposal an Agreement will be offered and executed by the firm and the University.

• Should mutual agreement on the fee be unattainable, the University may, after formally ending negotiations, request a fee proposal from the next highest-ranking team.

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

2.4 References

As described above, within the SOQ, the consultant shall provide five (5) names with contact information (organization, title, telephone and email ) for individuals who will provide information as to the firm’s performance on past / current projects. References will be used in the selection of the most qualified consultant from the Short List.

2.5 Additional Information

Not used.

3 Scope of Services

3.1 Background

SUNY Downstate Health Sciences University SUNY Downstate is one of the nation’s leading urban medical centers. It is Brooklyn’s only academic medical center. Its main campus, located in Central Brooklyn/East Flatbush consists of – the Health Science Education Building, an eight story academic facility completed in about 1992; the Basic Sciences Building, an eight story research and academic facility completed in 1963; University Hospital, an eight story, 345 bed teaching hospital totaling approximately 689,000 gross square GSF, and constructed in 1965; The School of Public Health/College of Medicine Academic & Research Complex

- a teaching, research and conference facility of 80,000 GSF, completed in 2018; a nurses’ residence, parking facilities, dormitories and a Student Center. There are also outpatient facilities/community health centers in nearby neighborhoods.

University Hospital at Downstate UHD is the borough's only hospital at an academic medical center. It offers the most advanced and comprehensive care in Brooklyn; and serves a population of more than three million, with 345 beds, 70 specialty clinics and centers of excellence, and more than 300,000 annual outpatient visits. Beyond patient care, it supports the University’s mission of teaching and research.

The Project Downstate / UHD is seeking qualifications from consultant design firms/teams for full professional architectural / engineering services for alterations to the Nuclear Medicine Suite, A2-623, located in the Hospital’s Second Floor Radiology Department. This renovation is required to accommodate the replacement upgraded imaging equipment, and ensuring that the completed facility provides the necessary and required programmatic and functional spaces or elements for the service. The Project’s scope is limited to the area shown on the included Plan. Additionally, in order to maintain continuity of patient care, the Project includes design services to enable placement of a trailer with similar imaging equipment on a street adjacent to the Hospital for the

Nuclear Medicine Suite A2-623 Alterations and Equipment

Page 9 of 26 SUNY Procedure 7555; Form 7555-01 duration of the Construction Phase. While the impetus of the Project is replacement and upgrading our medical equipment (with a state-of-the-art NM gamma camera/CT, per the attached), the design services will include – from all necessary design disciplines -surveying existing conditions and documentation, and potential required modifications to the space(s) and the general environment and its infrastructure to ensure a fully code complying, safe, pleasant and welcoming Unit for patients and staff.

Project Phasing As a teaching Hospital with myriad specialties, and a high volume of inpatient and outpatient visits, most projects at UHD happen in an environment of ongoing patient care and general operations. This Suite is a patient care space; therefore, the placement of an interim diagnostic imaging facility is necessary for the continued operation of the service and in order to allow the Project to proceed. As such, the Project’s Design will clearly document the phasing of the construction activities. Current expectation is for the interim service to be a portable gamma camera outside the Hospital. This requires that the Project include design services to enable placement / support of a trailer with similar imaging equipment on a street adjacent to the Hospital for the duration of the Construction Phase. This temporary site shall be completed first in the design phase and become the first part of the Construction Phase. It is expected that the trailer will be removed and the site returned to prior existing conditions upon Beneficial Occupancy of the new suite / equipment. Notwithstanding the Project limits referenced herein, the design and implementation of this interim service, and any other necessary make ready effort related to the objectives of the Project, shall be part of the Project, regardless of location.

Project Objectives

• Plan a space that will accommodate the new imaging equipment, its myriad components and the requisite functional elements.

• Ensure that continuity of patient care is maintained during the construction phase.

• Provide a functioning, safe, code complying space for all persons – patients, staff and visitors – using the service.

• Upgrade the space’s utilities and systems as necessary to accommodate the new imaging equipment, while ensuring that it is environmentally controlled, safe and adequate for staff working there, patients and the products stored therein.

• Provide a pleasant, comfortable and dignified environment that exudes excellence in design for health and supports the Hospital’s mission of patient care, physician training and research.

3.2 Available Data

SUNY Downstate has architectural and engineering documents available covering most disciplines and trades for each of its facilities. All plans and documents are not necessarily available in consistent formats, and may not be as-builts. There has been no Hospital-wide abatement program. Asbestos and other hazardous materials have been remediated on a project-by-project basis as renovations and modifications have taken

Nuclear Medicine Suite A2-623 Alterations and Equipment

Page 10 of 26 SUNY Procedure 7555; Form 7555-01 place. Available data will be provided to the selected consultant in response to specific requests. Consultants should expect to perform field verification as a minimum, if not a full survey of existing conditions in order to develop base plans and execute the Project.

This could include areas selected to accommodate dislocated functions which must maintain operations during construction.

3.3 Scope of Services

The services required, and expectations for this Project shall include, but not be limited to the following:

General Tasks

1. The Design Consultant will provide all professional architectural and engineering services, as outlined in the SUNY Design Consultant Contract 7555-010, (attached) necessary to accomplish the objectives and tasks of the Project and Contract, whether with its own staff or the utilization of subconsultants to cover the necessary disciplines.

2. Design Phase services include --

a. Predesign survey, documentation, meetings and programming Phase

• Meetings with UHD Administration, key Radiology Department staff, FM&D Design & Construction personnel and the imaging equipment vendor to understand, confirm and document the goals and objectives of the Project, and the needs, operations and expectations of the involved departments.

• Develop, review and confirm the program and functional space program for the Project.

• Review of data/documents on the existing conditions.

• Visiting the site – surveying all necessary areas, whether within the Project limits or not, to confirm existing conditions.

• Documenting survey findings to provide accurate data on which to develop the functional space program, base plans, concepts and each successive development of the design.

b. Concept Design Phase

• Provide Concept design Options with design level appropriate cost estimates for Hospital Administration, Department and FM&D approval.

c. Schematic Design Phase,

• Development of the selected / approved Concept to Schematic Plans, Project descriptions and cost estimates.

d. Design Development/Design Manual Phase

• The approved Schematic Design will be developed and refined to a Design

Manual.

e. Construction Documents Phase

• The approved Design Manual will be developed to Construction Documents, including assisting the University in preparing the Project Manual/Front End to the Construction Specifications.

• The Construction Documents will be in a form compatible with the University’s

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Construction Bidding needs and procedures, e.g., allowances, alternates, Final Construction Cost Estimate, etc.

f. Provide a plan for phasing the work that is in concert with guidelines noted in the above Project Phasing section. If phasing of the construction is necessary, it should be considered as early in the Design Phase as practicable, refined as the design progresses, included in each construction cost estimate, and modified as may be necessary to accommodate the accepted Construction Schedule. All phasing shall be approved by the involved departments and Administration prior to completion of the Construction Documents, and with any modifications.

g. Providing Construction Cost Estimates and Project Scheduling throughout the Design Phases to assist the University in project management and budgeting.

h. The estimated construction value of the Project established based on the Schematic Documents will determine if the Project (according to NYS law and University policies / procedure) is required to demonstrate the benefit of a PLA, and the services of a CMa.

i. Coordination of design activities with other consultants or vendors to the University for the Project, e.g., CON application, PLA Feasibility Study, CMa services, security, fire detection/protection, furniture/furnishings, etc.

h. The design will be documented by a submission to the University of the progress, including an estimate of the construction / project costs, at the end of each design phase. Downstate will review and indicate its acceptance prior to proceeding to the next design phase.

i. Bid Period

• Bidding the Design & Construction documents concludes the Design Phase, and the Consultant’s participation during this period includes assistance in advertising, analysis of proposals and vetting of potential contractors.

3. Construction Phase services include –

a. Administration of the Contract for Construction, including Closeout activities; as outlined in the Consultant’s Agreement and the Contract for Construction.

b. In the event that there is a Construction Manager advisor assigned to this

Project, this Design Consultant shall work in concert with the CMa in implementing the Design and possibly the PLA(s) as agents of FM&D, Design & Construction.

4. The Consultant will participate in or conduct meetings with UHD and DHSU administration and key departments involved in the Project throughout all phases of the Project. Such may be for information gathering, programming, design review or presentation and administration of the construction.

5. Coordination of Design and Construction Phase activities with other consultants, regulatory agencies or vendors to the University for the Project, e.g., DOH/CON applications, security, fire detection/protection, furniture/furnishings, etc.

a. University policies may determine that this Project requires a PLA (Project Labor

Agreement), in which case the Consultant will support and coordinate as necessary in the feasibility study to determine if such is beneficial; and the PLA.

Such is typically confirmed after acceptance of Schematic Design Phase.

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b. After the acceptance of the Schematic Design Phase the University will determine if the Project will benefit from the services of a CMa, with which the Consultant will coordinate all activities.

6. The Consultant shall work with the contractor to ensure that the Phasing Plan is coordinated with the accepted Construction Schedule. All phasing shall be approved by the involved departments and Administration prior to completion of the Construction Documents.

3.4 Program Budget

Downstate has reviewed the scope and estimated the potential costs involved to create a total Project Budget of approximately $4,000,000; this includes Design, Construction and equipment. This is not a construction cost estimate or a contracted amount in anyway. The budget is based on preliminary programmatic costs per SF and historical references as to design and construction costs. DHSU may elect to modify the scope and budget at any time during the progress of the Project based on its then needs and priorities. Most notably, Downstate will review the results of the Schematic Design Phase, and its Construction Cost Estimate, and confirm the Project’s scope and budget.

3.5 Basic Design Fee

DHSU will negotiate a project design fee with the most qualified consultant for the Project that is fair and reasonable for the services to be rendered.

1. The total compensation shall be a negotiated lump sum amount.

2. Total fee includes compensation for basic services and reimbursable expenses;

extra and special compensation, if any, may be authorized by the University based on terms described in the Agreement.

If negotiations with the most qualified consultant fail to reach a satisfactory conclusion on a fair and reasonable fee, the negotiation process must be formally terminated in writing by the University and negotiations may then proceed with the second most qualified consultant.

3.6 Subconsultant Staffing

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

3.7 Time of Completion Schedule

The work proposed under this Project is a matter of deficiencies in code compliance, patient care and life safety. Therefore, time is of the essence in remedying the situation. It is expected that full Design Phase services can be accomplished in a period of 12 months or less, including Project cost estimating, and review / acceptance of the Design and Construction Documents and Bid Phase services. The selected design Consultant will submit a Preliminary Project Schedule with the fee proposal, and will be expected to monitor and update the Project Schedule as the Design progresses.

http://www.suny.edu/sunypp/lookup.cfm?lookup_id=775 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=775 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=776 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=777

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

Further, within current State procurement processes, the following may be considered as a guide:

• Design Consultant Procurement o RFQ Advertisement 5 weeks o Review of the Quals, Consultant Selection, Award 4 weeks o Contract Prep / Execution / State review-approval 6 weeks

• Design Phase o Existing Conditions Survey, Design and Construction

Documents, including Cost Estimates & Reviews 40 weeks o Bid Period Advertisement 5 weeks Bidding, Vetting, Negotiation, Award, 6 weeks Contract Prep / Execution / State review-approval 6 weeks

• Construction Phase TBD

4 General Conditions The following items will be incorporated into, and made part of, the formal agreement:

(1) SUNY’s RFQ; (2) the Successful Offeror's proposal; (3) Exhibit A, Standard Contract Clauses; (4) Exhibit A-1, Affirmative Action Clauses; and, (5) Exhibit B, Procurement Lobbying Form.

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

(Insert applicable SUNY terms and conditions as appropriate)

4.1 Additional Terms & Conditions

Not used. [Sophia – insert here any applicable terms and conditions that C+P might require.]

4.1.1 Vendor Debriefing

Upon notification of the selection and award of a contract unsuccessful offerers may request in writing a debriefing of the results of their response to this solicitation.

Requests for debriefing must be received within a reasonable timeframe, not more than 30 days after notice of award.

4.1.2 Proposal/Qualifications Confidentiality

All proposals and qualifications submitted for SUNY’s consideration will be held in confidence. However, the resulting contract is subject to the New York State Freedom of Information Law (FOIL). Therefore, if an Offeror believes that any information in its proposal constitutes a trade secret or should otherwise be treated as confidential and wishes such information not to be disclosed the Offeror shall submit with its proposal a

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Page 14 of 26 SUNY Procedure 7555; Form 7555-01 separate letter to the designated contact. The letter shall specifically identify the page number(s), line(s) or other appropriate designation(s) containing such information, explaining in detail why such information is a trade secret and formally requesting that such information be kept confidential. Failure by an Offeror to submit such a letter will constitute a waiver by the Offeror of any rights it may have under Section 89(5) of the Public Officers' Law relating to protection of trade secrets.

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

4.1.3 Information Security Breach and Notification Act

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

4.2 Required Consultant Documentation

4.2.1 Minority & Woman Owned Business Enterprises Participation Pursuant to New York State Executive Law Article 15-A, SUNY recognizes its obligation under the law to promote opportunities for maximum feasible participation of certified minority-and women-owned business enterprises and the employment of minority group members and women in the performance of SUNY contracts.

For purposes of this solicitation, SUNY hereby establishes an overall goal of ___% for MWBE participation, __% for Minority-Owned Business Enterprises (“MBE”) participation and ___% for Women-Owned Business Enterprises (“WBE”) participation (based on the current availability of qualified MBEs and WBEs). For additional information please refer to the MWBE requirements outlined in the Prospective Bidders Notice (Form 7557-121c) and Exhibit A-1. Documentation required with the submittal of qualifications includes a/an Subconsultant Staffing List (Forms 7555-15, 16 or 17).and the consultant’s EEO policy statement (or Form 7557-104 MWBE-EEO Policy Statement).

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

https://www.suny.edu/sunypp/lookup.cfm?lookup_id=856 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=775 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=776 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=615

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Page 15 of 26 SUNY Procedure 7555; Form 7555-01

4.2.2 Service Disabled Veteran Owned Business Enterprises Participation Consistent with the State University of New York (SUNY) ’s commitment and in accordance with Article 17-B of the New York State Executive Law, contractors are required to ensure that good faith efforts are made to include meaningful participation by Service Disabled Veteran-Owned Business in SUNY’s MWBE Program. The requirements apply to contracts in excess of $25,000.

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

For additional information please refer to the SDVOB requirements outlined in the Prospective Bidders Notice (Form 7564-121c). Documentation required with the submittal of qualifications includes a Subconsultant Staffing List (Forms 7555-15, 16 or 17).

4.2.3 Equal Opportunity Requirements

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

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

By submission of a bid or proposal in response to this solicitation, the Bidder agrees with all of the terms and conditions of SUNY Exhibit A including Clause 12 - Equal Employment Opportunities for Minorities and Women and acknowledges that, if the Bidder is awarded a Contract, The Contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor, shall undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without https://www.suny.edu/sunypp/lookup.cfm?lookup_id=858 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=775 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=776

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Page 16 of 26 SUNY Procedure 7555; Form 7555-01 discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services unrelated to the Contract; or (ii) employment outside New York State.

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

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

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

4.2.4 Executive Order 162 (EO162)

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

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

4.2.5 Executive Order 177 (EO177)

The New York State Human Rights Law, Article 15 of the Executive Law, prohibits discrimination and harassment based on age, race, creed, color, national origin, sex, sexual orientation, gender identity, disability, marital status, military status, or other protected status.

The Human Rights Law may also require reasonable accommodation for persons with disabilities and pregnancy-related conditions. A reasonable accommodation is an adjustment to a job or work environment that enables a person with a disability to perform the essential functions of a job in a reasonable manner. The Human Rights Law may also require reasonable accommodation in employment on the basis of Sabbath observance or religious practices.

https://www.suny.edu/sunypp/lookup.cfm?lookup_id=621 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=627

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

Generally, the Human Rights Law applies to: (i) all employers of four or more people, employment agencies, labor organizations and apprenticeship training programs in all instances of discrimination or harassment; (ii) employers with fewer than four employees in all cases involving sexual harassment; and (iii) any employer of domestic workers in cases involving sexual harassment or harassment based on gender, race, religion or national origin.

In accordance with Executive Order No. 177, prior to contract award, selected Awardee must submit a certification that it does not have institutional policies or practices that fail to address harassment and discrimination as described above. SUNY is electing to obtain the certification with the bid documents to avoid unnecessary delay in the contract award process. All Bidders must sign and submit the certification attached to this IFB, SUNY Form 7555-18.

4.2.6 State Finance Law §§ 139-l

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

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

https://www.ny.gov/combating-sexual-harassment-workplace/employers.

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

(4) If the bidder cannot make the required certification, such bidder shall so state and shall furnish with the bid a signed statement that sets forth in detail the reasons that the bidder cannot make the certification. After review and consideration of such statement, SUNY may reject the bid or may decide that there are sufficient reasons to https://www.suny.edu/sunypp/lookup.cfm?lookup_id=889

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Page 18 of 26 SUNY Procedure 7555; Form 7555-01 accept the bid without such certification.

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

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

State Finance Law §§139-j and 139-k imposes certain restrictions on communications between a Governmental Entity and an Offeror during the procurement process. During the restricted period the Offeror is restricted from making contacts to other than designated contact unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j(3)(a). The restricted period is from the earliest notice of intent to solicit offers through final award and approval of the Contract.

The designated contacts for this procurement are: Sophia Brinnius, sophia.brinnius@downstate.edu

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

4.2.8 Omnibus Procurement Act of 1992 (Form from SUNY Procedure 7553) It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts.

Information on the availability of New York State subcontractors and suppliers and a directory of minority and women-owned business enterprises is available from:

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

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

mailto:sophia.brinnius@downstate.edu

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Page 19 of 26 SUNY Procedure 7555; Form 7555-01

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

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

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

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

4.2.10 Required Insurance

Prior to the commencement of work the Successful Offeror will provide, at its sole cost and expense, Certificates of Insurance in accordance with Article VII of the Consultant Agreement, which shall remain in force throughout the term of the agreement, or any extension thereof. Such Certificates of Insurances shall be from an insurance company licensed by the New York State Department of Insurance with a rating of at least "A-" as published with Standard & Poor's, and a liability insurance policy with limits no less than $2,000,000 per claim.