7300323246Solicitation.pdf

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Solicitation

23246sREV4_12-10-21

BID OPENING

DATE: January 5, 2022

TIME: 11:00 A.M. EST

TITLE: Group 73003 – Administrative Services – Temporary Personnel (Statewide)

SOLICITATION NUMBER: 23246 Classification Codes: 72, 80, 85

CONTRACT PERIOD: A Period of Five (5) Years DESIGNATED CONTACTS: In accordance with the Procurement Lobbying Law [State Finance Law § 139-j(2)(a)], the following individuals are the Designated Contacts for this Solicitation.

All questions relating to this Solicitation Must be addressed to the Designated Contacts.

E-mail Address: SST_admin_svcs@ogs.ny.gov Alyssa Nolte Contract Management Specialist 1 Telephone No.: (518) 473-1863 E-mail address: SST_admin_svcs@ogs.ny.gov

Cheri McCullough Contract Management Specialist 2 Telephone No.: (518) 402-5552 E-mail address: SST_admin_svcs@ogs.ny.gov

Bidder’s Federal Tax Identification Number:

(Do Not Use Social Security Number)

NYS Vendor Identification Number:

(See New York State Vendor File Registration Clause)

Legal Business Name of Company Bidding:

D/B/A – Doing Business As (if applicable):

Street

City

State

County

Zip Code

E-mail Address:

Company Web Site:

If applicable, place an “x” in the appropriate box(es) (check all that apply)

NYS Small Business # Employees

Service Disabled Veteran Owned Business

NYS Minority Owned Business

NYS Women Owned Business

If you are not bidding, place an “x” in the box and return this page only.

WE ARE NOT BIDDING AT THIS TIME BECAUSE:

FOR PROCUREMENT SERVICES USE ONLY

LITERATURE LETTER USB FLASH DRIVE # of Binders/Packages: ___________ PURC. MEMO OTHER ________________ Documented by: ______________ mailto:SST_admin_svcs@ogs.ny.gov

GROUP 73003 – Administrative Services PAGE 2

Bidder Certification and Affirmation

Bidder certifies and affirms as follows:

1. This Bid is an irrevocable offer for 180 days from the date of submission to the New York State (NYS) Office of General Services (OGS), or for such longer period as is set forth in the Invitation for Bids.

2. The Bidder can and will provide and make available, at a minimum, the Products, deliverables and/or services as described in the Invitation for Bids.

3. The Bidder has read and understands the provisions of the Invitation for Bids, and all appendices, attachments, and exhibits attached thereto, including Appendix A – Standard Clauses for New York State Contracts and Appendix B – General Specifications.

4. The information contained in this Bid is complete, true, and accurate.

5. The Bidder understands and agrees to comply with the requirements of the Procurement Lobbying Law, State Finance Law § 139-j and § 139-k, and with OGS’s procedures relating to permissible contacts during a procurement as required by State Finance Law § 139-j(3) and § 139-j(6)(b). Such requirements and procedures are posted at: https://ogs.ny.gov/acpl.

The signer affirms under penalties of perjury that they are duly authorized to legally bind the Bidder referenced above and that they signed this Bidder Certification as the legally binding act of the Bidder.

Print Full Bidder Entity Name

By:

Signature of Person Authorized to Legally Bind the Bidder

Print Name of Signatory

Print Title of Signatory

Date

RETURN THIS PAGE AS PART OF BID

https://ogs.ny.gov/acpl

GROUP 73003 – Administrative Services PAGE 3

Table of Contents

SECTION 1 – INTRODUCTION

1.1 Overview

1.2 Scope

1.3 Estimated Quantities

1.4 Key Events/Dates

1.5 Intent to Bid

1.6 NYS Contract Reporter

1.7 Bidder Questions

1.8 NYS Comptroller Approval

1.9 MWBE & SDVOB Interest in Partnering with Bidders

1.10 Summary of Policy and Prohibitions on Procurement Lobbying

1.11 Definitions

1.12 Appendices and Attachments

1.13 Conflict of Terms

SECTION 2 – BIDDER QUALIFICATIONS AND SERVICE REQUIREMENTS

2.1 Bidder Qualifications

2.2 Service Requirements

SECTION 3 – SPECIFICATIONS/GENERAL REQUIREMENTS

3.1 Quality of Services

3.2 Disqualified Resources

3.3 Late Arrival

3.4 Maintenance of a Master File

3.5 Background Checks

3.6 RFQ Response Validity

3.7 Replacement Candidates

3.8 Reduce Work

3.9 Travel

3.10 Rates

3.11 Prevailing Wage Rates - Public Works and Building Services Contracts

3.13 OSHA Training

3.14 On-site Work

SECTION 4 – BID SUBMISSION

4.1 Notice to Potential Bidders

4.2 Performance and Bid Bonds

4.3 Bid Deviations

4.4 Responsiveness

4.5 Incorporation

4.6 Bid Liability

4.7 Firm Offer

GROUP 73003 – Administrative Services PAGE 4

4.8 Format and Content of Bid Submittal

4.9 Bid Envelopes and Packages

4.10 Bid Delivery

4.11 Important Building Access Procedures

4.12 Bid Opening Results

4.13 New York State Reserved Rights

4.14 Authorized User Reserved Rights

4.15 NYS Required Certifications

SECTION 5 – METHOD OF AWARD

5.1 Method of Award

5.2 Vendor Responsibility for Accuracy

5.3 Minor Deviations/Minor Technicality

5.4 Notification of Award

SECTION 6 – TERMS AND CONDITIONS

6.1 Contract Period and Renewal

6.2 Short Term Extension

6.3 Procurement Instructions

6.4 Invoicing and Payment

6.5 Pricing Format

6.6 Bid Pricing Information

6.7 Exclusions

6.8 Price Adjustments

6.9 Centralized Contract Modifications

6.10 New York State Financial System (SFS)

6.11 Contract Administrator

6.12 Insurance Requirements

6.13 Report of Contract Usage

6.14 Company and Contact Information

6.15 Contractor Requirements and Procedures for Participation by New York State Certified Minority and Women-Owned Business Enterprises and Equal Employment Opportunities for Minority Group Members and Women

6.16 NYS Vendor File Registration

6.17 New York State Vendor Responsibility

6.18 New York State Tax Law §5-a

6.19 Drug and Alcohol Use Prohibited

6.20 Traffic Infractions

6.21 Overlapping Contract Items

6.22 Non-State Agencies Participation in Centralized Contracts

6.23 Extension of Use

6.24 Employee Information Required to be Reported by Certain Consultant Contractors and Service Contractors

GROUP 73003 – Administrative Services PAGE 5

6.25 Federal Funding

6.26 Contract Advertising

6.27 Americans with Disabilities Act (ADA)

6.28 Participation Opportunities for New York State Certified Service-Disabled Veteran-Owned Businesses . 42

6.29 Subcontracting Requirements

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APPENDICES

Appendix A – Standard Clauses for NYS Contracts (October 2019) Appendix B – General Specifications (April 2016) Appendix C – Contract Modification Procedure (January 2017) Appendix D – Federal Funding Agency Mandatory Terms and Conditions (May 2021)

ATTACHMENTS

Attachment 1 – Pricing Attachment 2 – NYS Required Certifications Attachment 3 – Encouraging Use of NYS Businesses Attachment 4 – Insurance Requirements Attachment 5 – Bidder Information Questionnaire Attachment 6 – Bidder Submission Checklist Attachment 7 – Bidder Questions Form Attachment 8 – Report of Contract Usage Attachment 9 – Intent to Bid Attachment 10 – Job Descriptions and Qualifications Attachment 11 – Background Check Requirements Attachment 12 – Lot 1: Office Worker Occupations Attachment 13 – Lot 2: Hearing Reporter Services Attachment 14 – Lot 3: Transcription Services Attachment 15 – Lot 4: Financial Occupations Attachment 16 – Lot 5: Miscellaneous Occupations Attachment 17 – Lot 6: General Health Occupations Attachment 18 – Lot 7: Physicians and Nurses Attachment 19 – Lot 8: Dental Services Attachment 20 – Lot 9: Psychiatric and Psychology Services Attachment 21 – Lot 10: Light Industrial Occupations Attachment 22 – Proof of Past Sales

GROUP 73003 – Administrative Services PAGE 7

SECTION 1 – INTRODUCTION

1.1 Overview

This Solicitation is issued by the New York State (NYS) Office of General Services (OGS), Procurement Services to establish Centralized Back-Drop Contracts for Administrative Services (Temporary Personnel), grouped into various Lots and Regions as further described herein, to be used by Authorized Users of NYS OGS Centralized Contracts.

This Solicitation is a non-competitive establishment of multiple-award Centralized Backdrop Contracts.

Contract awards will be made to all responsive and responsible Bidders who meet qualifications as detailed in Section 2 – Bidder Qualifications and Service Requirements and whose pricing is determined to be reasonable by OGS. The prices proposed by Bidders in response to this Solicitation are Maximum-Not-To-Exceed Bill Rates.

Bidders are reminded that the rates provided in response to this Solicitation are Maximum-Not-To-Exceed Bill Rates and the actual bill rates proposed to be charged for providing temporary personnel will be determined by Contractors in response to a detailed Request for Quote (RFQ), identifying the specific needs of an Authorized User relative to qualifications of the temporary personnel being requested. The actual bill rates proposed may be lower than, but may not exceed, the Maximum-Not-To-Exceed Bill Rates. Potential Bidders are strongly encouraged to fully review Section 6.6 – Bid Pricing Information prior to completing Attachment 1-Pricing and submitting a Bid in response to this Solicitation.

The Backdrop Contracts resulting from this Solicitation will have an established set of standardized terms and conditions, guidelines, processes and templates. When an Authorized User needs temporary personnel, it will issue a competitive Request for Quote (RFQ) in accordance with the terms and conditions of the Centralized Backdrop Contract and include any additional requirements of the positions sought to be filled. The RFQ will be distributed by the Authorized User to all Contractors for the applicable Lot and Region where the work is to be performed and it is in response to the RFQ where the Contractors shall submit the actual proposed prices to be charged. The Authorized User will then either use their NYS Procurement Card (PCard) to obtain temporary personnel or issue a Purchase Order to the selected Contractor based on the RFQ responses. Procurement Instructions further describing the RFQ process and requirements for Authorized Users to purchase from the Centralized Backdrop Contracts are found in Section 6.3 – Procurement Instructions.

This Solicitation outlines the terms and conditions and all applicable information required for submitting a Bid.

Bidders should pay strict attention to the Bid submission date and time to prevent disqualification. Bidders are strongly encouraged to read the language of this Solicitation thoroughly and to precisely follow the instructions included in the Solicitation and all attachments.

1.2 Scope

The State of New York seeks to establish Centralized Backdrop Contracts for the acquisition of specified Administrative Services Temporary Personnel for a variety of occupations (also referred to as “Job Titles”). These occupations are categorized in the “Lot” of service as follows:

a) Lot 1 – “Office Worker Occupations”

b) Lot 2 – “Hearing Reporter Services”

c) Lot 3 – “Transcription Services”

d) Lot 4 – “Financial Occupations”

e) Lot 5 – “Miscellaneous Occupations”

f) Lot 6 – “General Health Occupations”

g) Lot 7 – “Physicians and Nurses”

h) Lot 8 – “Dental Services”

i) Lot 9 – “Psychiatric and Psychology Services”

j) Lot 10 – “Light Industrial Occupations”

A description of these Lots and the Job Titles included in each can be found in Attachment 10 – Job Descriptions and Qualifications. Bidders are not required to bid on all Lots. Bidders are also not required to bid on all Job Titles within a Lot as described in Attachment 10 – Job Descriptions and Qualifications.

GROUP 73003 – Administrative Services PAGE 8

It is the intent of OGS to award Centralized Backdrop Contracts for Lots 1 through Lot 10, in the ten (10) Labor Market Regions of the State, as established by the NYS Department of Labor (see Table #1 – Regions, below).

Contract awards will be made to all responsive and responsible Bidders who meet qualifications as detailed in Section 2 – Bidder Qualifications and Service Requirements and whose pricing is determined to be reasonable by OGS.

Table #1-Regions

1.3 Estimated Quantities

A Contract resulting from this Solicitation shall be an estimated quantity Contract. No specific quantities are represented or guaranteed, and the State provides no guarantee of individual Authorized User participation. The Contractor must furnish all quantities actually ordered at or below the Contract prices. The anticipated dollar value of the award for this Solicitation, based on historical purchases under previous awards, is approximately $100,000,000.00, annually. The individual value of each resultant Contract is indeterminate and will depend upon the number of Contracts issued and the competitiveness of the pricing offered. Authorized Users will be encouraged to purchase from Contractors who offer the Products and pricing that best meet their needs in the most practical and economical manner. See Appendix B – Clause 28 – Estimated/Specific Quantity Contracts and Clause 25 – Participation in Centralized Contracts.

Numerous factors could cause the actual quantities of Products purchased under a Contract resulting from this Solicitation to vary substantially from the estimates in the Solicitation. Such factors include, but are not limited to, the following:

• Such Contracts may be non-exclusive Contracts.

• There is no guarantee of quantities to be purchased, nor is there any guarantee that demand will continue in any manner consistent with previous purchases.

• The individual value of each Contract is indeterminate and will depend upon actual Authorized User demand and actual quantities ordered during the contract period.

• The State reserves the right to terminate any Contract for cause or convenience prior to the end of the term pursuant to the terms and conditions of the Contract.

Region 1 Capital Region Albany, Columbia, Greene, Rensselaer, Saratoga, Schenectady, Warren, and Washington Counties

Region 2 Central New York Cayuga, Cortland, Madison, Onondaga, and Oswego Counties

Region 3 Finger Lakes Genesee, Livingston, Monroe, Ontario, Orleans, Seneca, Wayne, Wyoming, and Yates Counties

Region 4 Hudson Valley Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster, and Westchester Counties

Region 5 Long Island Nassau and Suffolk Counties

Region 6 Mohawk Valley Fulton, Herkimer, Montgomery, Oneida, Otsego, and Schoharie Counties

Region 7 New York City Bronx, Kings, New York, Queens, and Richmond Counties

Region 8 North Country Clinton, Essex, Franklin, Hamilton, Jefferson, Lewis, and St. Lawrence Counties

Region 9 Southern Tier Broome, Chemung, Chenango, Delaware, Schuyler, Steuben, Tioga, and Tompkins Counties

Region 10 Western New York Allegany, Cattaraugus, Chautauqua, Erie, and Niagara Counties

GROUP 73003 – Administrative Services PAGE 9

• Contract pricing that is lower than anticipated could result in a higher quantity of purchases by Authorized Users than anticipated.

• Contract pricing that is higher than anticipated could result in a lower quantity of purchases by Authorized Users than anticipated.

By submitting a Bid, Bidder acknowledges the foregoing and agrees that actual good faith purchasing volumes during the term of the resulting Contracts could vary substantially from the estimates provided in this Solicitation.

1.4 Key Events/Dates

EVENT DATE TIME

Solicitation Release 9/30/21 N/A Deadline for Submission of Intent to Bid 10/15/21 5:00 PM ET Closing Date for Bidder Questions 10/22/21 5:00 PM ET OGS Procurement Services’ Response to Bidder Questions 12/1/21 (tentative) N/A Bid Opening / Due Date for Bids 1/5/22 11:00 AM ET Contract Approval Date / Award Publish Date 10/21/22 N/A

1.5 Intent to Bid

A Bidder is requested to indicate its intent to bid by sending an e-mail titled “INTENT TO BID - “[BIDDER NAME]” to SST_admin_svcs@ogs.ny.gov on or before the date and time indicated in the Key Events/Dates – Sub-section

1.4 (above). The e-mail should include the Bidder’s company name and a contact name and contact information.

The intent to bid is discretionary.

1.6 NYS Contract Reporter

Bidders must register with the New York State Contract Reporter (NYSCR) at: https://www.nyscr.ny.gov in order to receive notifications about this Solicitation. Navigate to the “I want to find contracts to bid on” page to register for your free account. In order to receive e-mail notifications regarding updates to the content or status of a particular ad, you must “bookmark the ad” on the upper right-hand side of the ad, then return to your Account, view your list of bookmarked ads, and then select the “send me notification updates” option listed to the right of the ad. Answers to all questions of a substantive nature will be posted in the form of a question-and-answer document and released through the NYSCR. Any updates to the Solicitation documents will also be posted and released through the NYSCR.

If you do not opt-in to receive notification updates regarding a particular ad, you will not receive e-mail notifications regarding updates, including e-mail notifications regarding the posting of the question-and-answer document and updates to the Solicitation documents.

Be advised that submission of responses to the Solicitation that do not reflect and take into account updated information may result in your Bid being deemed non-responsive to the Solicitation.

1.7 Bidder Questions

All questions regarding this Solicitation should be submitted using Attachment 7 – Bidder Questions Form, citing the applicable Solicitation document name and document section. The completed form must be e-mailed to SST_admin_svcs@ogs.ny.gov by the date and time indicated in the Sub-section 1.4 – Key Events/Dates (above).

Questions submitted after the deadline indicated may not be answered. A Bidder is strongly encouraged to submit questions as soon as possible. Answers to all questions of a substantive nature will be provided to all prospective Bidders in the form of a question-and-answer document, which will be posted to the OGS website and will not identify the Bidder asking the question. Notification of this posting will be advertised in the NYS Contract Reporter (NYSCR). Your company must select the “opt-in” option within the Contract Reporter ad to receive notification updates of this Solicitation.

If a Bidder intends to submit a Bid that deviates from the requirements of the Solicitation in any way, the proposed deviations should be submitted during the questions period so that they may be given due consideration prior to the submission of Bids. See 4.3 – Bid Deviations for additional information.

https://www.nyscr.ny.gov/

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1.8 NYS Comptroller Approval

Pursuant to the Memorandum of Understanding (MOU) dated August 15, 2019 between the Offices of the New York State Governor Andrew M. Cuomo (Executive), New York State Comptroller Thomas P. DiNapoli (OSC), the State University of New York (SUNY), the State University of New York Construction Fund (SUCF), the City University of New York (CUNY), and the City University of New York Construction Fund (CUCF), procurement documents and contracts awarded under this Solicitation shall have no force and effect and the State bears no liability unless such procurement documents and contracts awarded under this Solicitation are approved by OSC or the pertinent pre-audit review period under the MOU has elapsed.

1.9 MWBE & SDVOB Interest in Partnering with Bidders

If a New York State certified MWBE or SDVOB would like to indicate its interest in working with participating Bidders, please send an e-mail entitled “Solicitation 23246-MWBE or SDVOB INTEREST_COMPANY NAME” to SST_admin_svcs@ogs.ny.gov on or before October 15, 2021. The e-mail content should include:

1. Company Name.

2. Contact Name and Contact Information such as Phone Number, Mailing Address and E-Mail Address.

3. Brief description of the company and the products and/or services that the company offers that are related to this Solicitation (for example, “Company ABC manufactures pencils”).

4. The NYS Certification Type (Minority and/or Women-Owned or SDVOB).

5. Include what locations in NYS where the company provides services.

A list of the NYS certified MWBE and SDVOB vendors who have expressed interest in this Solicitation through the timely submission of such e-mail, will be made available to prospective Bidders through the publishing of a Purchasing Memorandum posted through the New York State Contract Reporter.

1.10 Summary of Policy and Prohibitions on Procurement Lobbying Pursuant to State Finance Law §139-j and §139-k, this Solicitation includes and imposes certain restrictions on communications between OGS and a Bidder during the procurement process. A Bidder is restricted from making contacts from the earliest posting, on a governmental entity’s website, in a newspaper of general circulation, or in the procurement opportunities newsletter of intent to solicit offers/Bids through final award and approval of the Procurement Contract by OGS and, if applicable, the Office of the State Comptroller (OSC) (restricted period) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j(3)(a). Designated staff, as of the date hereof, are identified on the first page of this Solicitation. OGS employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Bidder pursuant to State Finance Law §139-j and §139-k. Certain findings of non-responsibility can result in rejection for Contract award and, in the event of two findings within a four-year period, the Bidder is debarred from obtaining governmental Procurement Contracts for four years. Further information about these requirements can be found on the OGS website at:

https://ogs.ny.gov/acpl/.

1.11 Definitions

Capitalized terms used in this Solicitation shall be defined in accordance with Appendix B – Clause 2 – Definitions, or as below.

“Authorized User(s)” As defined in Appendix B.

“Best Value” shall mean the basis for awarding a contract for services to the Bidder which best optimizes quality, cost and efficiency among Responsive and Responsible Bidders. See State Finance Law § 163(1)(j). Best value may be equated to low price in response to an RFQ.

“Bid Deviation” shall refer to any variance submitted or proposed by a Bidder, which deviates from, adds extraneous terms to, conflicts with or offers an alternative to any term, condition, specification or requirement of the Solicitation.

“Bidder” shall refer to any business entity who submits a response to this Solicitation. At the time that the Bidder executes a Contract with the State for their services a Bidder shall become a “Contractor.” See also “Contractor.”

“Blanket Purchase Order” shall refer to a purchase order agreement between an authorized user and contractor to deliver services with a set price on a recurring basis over a specified time period.

https://ogs.ny.gov/acpl/

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“Business Day” shall refer to Monday through Friday from 8:00 AM – 5:00 PM ET, excluding NYS Holidays and federal holidays.

“Candidate” shall refer to an individual proposed by a Contractor in response to a Request for Quote from an Authorized User. Upon completion of background check, determination of suitability by the Authorized User, and acceptance by Authorized User, a Candidate will become Temporary Personnel. Also see “Temporary Personnel” and “Contractor.”

“Change Notice” shall refer to any issuance of changes made to an originally issued purchase order or purchase made via the New York State Procurement Card (PCard).

“Contract”, “Centralized Contract” or “Backdrop Centralized Contract” as defined in Appendix B.

“Contractor” shall refer to a responsive and responsible Bidder who is working under an executed contract with New York State. Contractor is a general term

“Lot” shall mean that organization of job titles within a specified category of service.

“Master File” shall mean an electronic file maintained by Contractor for each Candidate. The Master File must include for each Candidate a resume (except for Lots 2, 3, and 10 unless requested by an Authorized User), qualifications, certifications, licenses, and background checks (except for Lots 2, 3, and 10 unless requested by an Authorized User).

“Maximum Not-To-Exceed Bill Rate” shall mean the most (in dollars) a Contractor may ever quote in response to an Authorized User RFQ for an hour worked by a Candidate on this contract for a particular job title, county, region, time period (e.g. overtime), etc. as specified in Attachment 1 - Pricing and Sub-section 1.1, Overview.

“May” denotes the permissive in a contract clause or specification. “May” does not mean “required.” Also see “Shall” and “Must.”

“Must” denotes the imperative in a contract clause or specification. “Must” is synonymous with “required.” Also see “Shall” and “May.”

“MWBE” shall refer to a business certified with NYS Empire State Development (ESD) as a Minority and/or Women-owned Business Enterprise.

“N/A” is a common abbreviation for not applicable or not available, used to indicate when information in a certain field on a table is not provided, either because it does not apply to a particular case in question or because it is not available.

“NYS Holidays” refers to the legal holidays for State employees in the classified service of the executive branch, as more particularly specified on the website of the NYS Department of Civil Service. This includes the following:

New Year’s Day; Martin Luther King Day; Washington’s Birthday (observed); Memorial Day; Juneteenth;

Independence Day; Labor Day; Columbus Day; Veteran’s Day; Thanksgiving Day; and Christmas Day.

“NYS Holiday Rate” shall mean the hourly rate paid for work performed on NYS Holidays by Temporary Personnel. Any Holiday Rate allowed shall be at the sole discretion of the Authorized User and requested in the

RFQ;

“NYS Vendor ID” is a unique ten-character identifier issued by the NYS Office of the State Comptroller (OSC) when the vendor is registered on the Vendor File System.

“Overtime Rate” shall mean the hourly rate paid for time worked above 40 hours in a single week. Time and a half shall be paid above the pay rate for time worked above 40 hours in a single week for Authorized User regardless of time of day or day of the week, unless the Authorized User has requested a Holiday Rate within their RFQ and work was performed on a NYS Holiday. This requirement applies to Lots 1, 4, 5, 7, 8, 9, 10. There shall be no overtime for Lots 2 and 3 as these services are billed by the page. Overtime Rate for Lot 10 – Light

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Industrial Occupations is determined by the relevant prevailing wage which the engagement is subjected. Any overtime allowed shall be at the sole discretion of the Authorized User.

“Preferred Source Products” shall refer to those Products that have been approved in accordance with New York State Finance Law § 162.

“Preferred Source Program” shall refer to the special social and economic goals set by New York State in State Finance Law § 162 that require a governmental entity purchase select Products from designated organizations when the Products meet the “form, function and utility” requirements of the governmental entity. Under State Finance Law § 163, purchases of Products from Preferred Sources are given the highest priority and are exempt from the competitive bidding requirements. The New York State Preferred Sources include: The Correctional Industries Program of the Department of Corrections and Community Supervision (Corcraft); New York State Preferred Source Program for People Who Are Blind (NYSPSP); and the New York State Industries for the Disabled (NYSID). These requirements apply to a state agencies, political subdivisions and public benefit corporations (including most public authorities).

“Prevailing Wage Rate” shall mean that part of the requirements of Article 8 (Sections 220-223) and Article 9 (Sections 230-239) of the New York State Labor Law, which requires public work Contractors and Subcontractors to pay laborers, workers or mechanics employed in the performance of a public work contract not less than the prevailing rate of wage and to provide supplements (fringe benefits) in accordance with prevailing practices in the locality where the work is performed. Prevailing wage requirements for this Solicitation are contained herein.

This term only applies to Lot 10 – Light Industrial Occupations job titles.

“Procurement Services” shall refer to a business unit of OGS, formerly known as New York State Procurement (NYSPro) and Procurement Services Group (PSG).

“Region” shall mean the grouping of counties by the State.

“Request for Quote” (RFQ) shall refer to the document issued by the Authorized User and used to solicit price quotations for specific services or candidates.

“SDVOB” shall refer to a NYS-certified Service-Disabled Veteran-Owned Business.

“Shall” denotes the imperative in a contract clause or specification. “Shall” is synonymous with “required.” Also see “Must” and “May.”

“Solicitation” shall refer to this document, and its appendices and attachments.

“Subcontractor” or “Sub-contractor” as defined in Appendix B.

“Suitability” refers to the Authorized User’s review of identifiable character traits and past conduct which are reasonably sufficient to indicate whether a given individual is or is not likely to be able to perform the requirements of a contract without undue risk to the interests of the Authorized User.

“Suitability determination” is a determination by the Authorized User that there are reasonable grounds to believe that a given individual will likely be able to perform the job title requirements without undue risk to the interests of the Authorized User.

“Temporary Personnel (Temp)” shall refer generically to any individual provided by a Contractor in response to an RFQ issued by an Authorized User and who is hired for the service requested. A Temp can be a direct Temp, a Subcontractor or an agent. Also see “Candidate.”

“0 (Zero)” is both a number and the numerical digit used to represent that number in numerals. It is the integer immediately preceding 1 (one).

1.12 Appendices and Attachments

The following appendices and attachments, attached hereto, are hereby expressly made a part of this Solicitation as fully as if set forth at length herein.

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Appendix A – Standard Clauses for NYS Contracts (October 2019) Appendix B – General Specifications (April 2016) Appendix C – Contract Modification Procedure (January 2017) Appendix D – Federal Funding Agency Mandatory Terms and Conditions (May 2021)

Attachment 1 – Pricing Attachment 2 – NYS Required Certifications Attachment 3 – Encouraging Use of NYS Businesses Attachment 4 – Insurance Requirements Attachment 5 – Bidder Information Questionnaire Attachment 6 – Bidder Submission Checklist Attachment 7 – Bidder Questions Form Attachment 8 – Report of Contract Usage Attachment 9 – Intent to Bid Attachment 10 – Job Descriptions and Qualifications Attachment 11 – Background Check Requirements Attachment 12 – Lot 1: Office Worker Occupations Attachment 13 – Lot 2: Hearing Reporter Services Attachment 14 – Lot 3: Transcription Services Attachment 15 – Lot 4: Financial Occupations Attachment 16 – Lot 5: Miscellaneous Occupations Attachment 17 – Lot 6: General Health Occupations Attachment 18 – Lot 7: Physicians and Nurses Attachment 19 – Lot 8: Dental Services Attachment 20 – Lot 9: Psychiatric and Psychology Services Attachment 21 – Lot 10: Light Industrial Occupations Attachment 22 – Proof of Past Sales

1.13 Conflict of Terms

Conflicts among the documents shall be resolved in the following order of precedence:

1) Appendix A – Standard Clauses for New York State Contracts (October 2019);

2) Solicitation;

3) Appendix B – General Specifications (April 2016); and

4) All other appendices and attachments to the Solicitation.

SECTION 2 – BIDDER QUALIFICATIONS AND SERVICE REQUIREMENTS

2.1 Bidder Qualifications

Bidder is advised that the State’s intent in having the requirements listed below is to ensure that only qualified and reliable Contractors perform the work of the resulting Contract. Bidder shall have the burden of demonstrating to the satisfaction of Procurement Services that it can perform the work required. Procurement Services retains the right to request any additional information pertaining to the Bidder's ability, qualifications, financial capacity, financial stability, and procedures used to accomplish all work under the resulting Contract as it deems necessary to ensure safe and satisfactory work.

By submitting a Bid, the Bidder shall meet the following qualifications and requirements outlined in this section.

A. All Bidders must provide evidence of experience through proof of past sales as described below and in

Attachment 22 – Proof of Past Sales:

Lots 1, 4, 5, 6, 7, 8, 9, and 10 all Bidders must provide:

• Proof of an average of at least $200,000.00 in sales to governmental or private sector accounts over the past three (3) years immediately preceding the Bid Opening / Due Date for Bids as defined in Sub-section

1.4 – Key Events/Dates, and where such sales were made for comparable services and/or titles to the Lots for which they are being bid for this Solicitation.

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• The sales data must be entered into Attachment 22 – Proof of Past Sales and be submitted with the Bid.

Lots 2 and 3 all Bidders must provide:

• Proof of an average of at least $100,000.00 in sales to governmental or private sector accounts over the past three (3) years immediately preceding the Bid Opening/Due Date for Bids, and where such sales were made for comparable services and/or titles to the Lots for which they are being bid for this Solicitation.

• The sales data must be entered into Attachment 22 – Proof of Past Sales and be submitted with the Bid.

Determination of proof of prior sales and experience is at the sole discretion of the State. Proof of prior minimum sales revenue should be provided with the Bid submission (see Sub-section 4.8 – Format and Content of Bid Submittal).

B. All Bidders must agree to accept the NYS Procurement Card (PCard), or other electronic form(s) of payment, from Authorized Users for all titles included in any Contract awarded to the Bidder resulting from this Solicitation.

C. All Bidders must provide a single generic electronic mailbox to receive RFQs from Authorized Users. The electronic mailbox must be monitored consistently throughout each Business Day in order to provide timely responses to Authorized Users’ requests. Any changes to the generic electronic mailbox must be provided within one (1) Business Day to the Contract Manager listed on the Contract Award Notification page. If the Bidder does not currently maintain a generic electronic mailbox, by submitting a Bid in response to this Solicitation, the Bidder agrees to establish one prior to contract award.

OGS must determine that the Bidder meets all of the above requirements in order for the Bidder to be found responsive, as that term is defined in State Finance Law §163(1)(d). OGS reserves the right to verify all information provided by Bidder.

Bidders, if requested, shall provide a minimum of three (3) references within five (5) Business Days of request.

References shall be governmental or private sector accounts and shall demonstrate the ability of the vendor to fulfill contract requirements similar in scope to the size, nature and complexity of the outlined Bid. References shall include:

• Government/Customer name, address, contact person, telephone number, e-mail, and number of years Bidder has provided the services to the referenced account.

Failure to meet any of the above qualifications, in whole or in part, may result in a rejection of the Bid of that Bidder as non-responsive.

2.2 Service Requirements

(LOT 2 and LOT 3 SPECIFIC REQUIREMENTS)

LOT 2 - Hearing Reporter Services Unless otherwise required by the Authorized User in the RFQ, the following requirements shall apply:

• Proceedings are to be stenographically or electronically recorded and transcribed as specified by the Authorized User.

• The Contractor shall furnish all labor and materials required to provide proceeding, session, or meeting reporting at Authorized User designated locations within the region of the Contract. Unless otherwise required by an Authorized User in the RFQ, a Hearing Reporter shall be at the scheduled proceeding, session, or meeting a minimum of ten (10) minutes prior to start time and expected to stay until told they are able to leave.

• More than three (3) late arrivals or early departures in a one-month period by the same Hearing Reporter, from the same Contractor, provided to the same Authorized User, may result in that Hearing Reporter being disqualified from serving that Authorized User.

• If more than fifteen (15) percent of transcripts are returned late in any calendar month for a specific Authorized User, the Authorized User may arrange to have transcription work completed by another Contractor and the Contractor having returned the transcripts late shall be liable for any additional costs incurred over Contract costs as noted in Appendix B – Clause 48 – Remedies for Breach.

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Completion Requirements Completion requirements will be agreed upon by the Authorized User and Contractor at the time of job scheduling and can only be changed with the consent of both parties.

A. Normal Completion:

The Contractor shall deliver transcripts to the Authorized User within seven (7) Business Days after the recorded proceeding, excluding Saturday, Sunday, and New York State designated holidays. Additional copies of public hearing proceeding transcripts shall be delivered to all ordering parties within seven (7) Business Days after purchase order from the ordering parties is received by the Contractor, excluding Saturday, Sunday, and New York State designated holidays.

B. Priority Completion:

The Contractor shall deliver to the Authorized User transcripts, electronically or in hard copy, as specified by the Authorized User, within three (3) Business Days after the recorded proceeding, excluding Saturday, Sunday, and New York State designated holidays. Additional copies of public hearing proceeding transcript shall be delivered to all ordering parties within three (3) Business Days after a purchase order for those additional copies is received by the Contractor, excluding Saturday, Sunday, and New York State designated holidays.

C. Overnight Completion:

The Contractor shall deliver transcripts to the Authorized User no later than 1:00 p.m. on the Business Day following the proceeding. Additional copies of proceeding transcripts shall be delivered to all ordering parties no later than 1:00 p.m. on the Business Day after receipt of a purchase order by the Contractor.

D. Immediate Completion:

The Contractor shall deliver transcripts no later than 9:00 p.m. on the date of the proceeding. Additional copies of public hearing proceeding transcripts shall be delivered to all ordering parties no later than 9:00 p.m. on date of the receipt of the purchase order by the Contractor.

E. Proceeding Cancellation:

The Authorized User shall provide the Contractor with a minimum of 24 (twenty-four) hours written notice of cancellation of any proceeding. In the event of proceeding cancellation without specific notification, the Contractor shall be entitled to minimum payment as noted below.

Minimum Fees Contractor shall be entitled to a minimum payment equal to the value of 20 (twenty) pages at the normal delivery rate (i.e., applies per hearing scheduled or per facility visit). Contractor will not receive payment for wait time. If the Temp appears for the hearing and it has been cancelled, the Contractor will be entitled to the minimum fees as stated above (i.e., applies per hearing scheduled or per facility visit).

Late Completion Payment Reductions The following payment reductions shall be assessed by an Authorized User for late completion of transcription work:

• One (1) day late: Ten (10) percent reduction of the per page rate.

• Two (2) to five (5) days late: Fifteen (15) percent reduction of the per page rate.

• More than five (5) days late: Thirty (30) percent reduction of the per page rate.

Recording Requirements All instructions by the Hearing Officer to the Hearing Reporter with respect to the Hearing Reporter’s conduct and participation in proceedings shall be followed without discussion. Except where inconsistent with general or specific instructions issued by the Authorized User, every word spoken during a proceeding, session or meeting shall be transcribed by the Hearing Reporter, unless designated specifically as "off the record" by the Hearing Officer. With specific permission of the Hearing Officer, certain "off the record" statements may be recorded.

Instructions from anyone other than the Hearing Officer, concerning what shall or shall not be included in the record, shall be ignored.

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The Contractor shall furnish transcript proofread with all words correctly spelled, properly hyphenated and properly punctuated. Any corrections to spelling, hyphenation or punctuation requested by the Hearing Officer shall be made without additional cost.

All original notes or other records taken in connection with any proceeding shall be held in security by the contractor for a period of time as designated by the Authorized User, not to exceed one year. Proceedings are to be stenographically or electronically recorded and transcribed. Backup electronic verbal recording equipment shall be operating at all times while proceedings are being reported, unless prohibited by the Hearing Officer.

Stenographic recording shall be mechanical or electronic keyboard-operated typing devices and shall meet the requirements of the State Administrative Procedure Act.

Transcribed Page Requirements

• Paper: Shall be white 20 LB cotton bond, 8-1/2 inches wide by 11 inches long or Authorized User may designate recycled content paper with the same specifications as noted above. Either paper shall be furnished at no additional cost.

• Type: Shall be black, ten (10) letters to the inch size and reproducible by standard office copy equipment.

• Type Spacing: Shall be 25 lines minimum double spaced between lines with ruled margin of 3/8 inch on right and 1-3/4 inches on left or not to exceed 2-1/8 inches in total.

• Punches: Paper shall be un-punched unless designated by the Authorized User as punched, with punch specifications. There will be no additional charge for punched paper.

• Format: All transcripts shall be formatted as noted below: If Authorized User format requirements deviate from below, the Authorized User shall furnish Contractor with a sample format.

Formatting All pages shall be paginated in consecutive order for each proceeding report and sequential from the first to the last volume. Page numbers shall be located in the upper right-hand corner of each page. Pagination will not be considered a transcribed line unless located on a line with other transcribed material.

At the opening of each proceeding and as directed by the Hearing Officer, the Hearing Reporter shall record and insert, in a location as directed by the Authorized User, the names and addresses of persons representing parties and participants in the proceeding.

When directed by the Hearing Officer, after an extended recess, the Hearing Reporter shall place in the appropriate place in the transcript on the days preceding the cumulative list of appearances up to and including that day.

Each transcript for a proceeding shall include a table of contents or index indicating page numbers of opening statements and closing arguments by counsel, lists of witnesses testifying at the hearing and all persons making statements. The table of contents or index shall also include a tabulation consisting of the number and description of each exhibit marked for identification with the page number on which the exhibit is marked for identification, and in due course, the page on which it is either received in evidence, withdrawn or rejected. The index shall also include separate tabulations consisting of a description of each document offered in reference, public documents and matters to be officially noted, and the page on which each item or document was marked for identification or received in evidence. The table of contents or index shall note the page where offers of proof were made and such other matters as the presiding officer directs.

Upon Authorized User’s request, the Contractor shall have rubber stamps manufactured, per Authorized User facsimile sample, to be used by the Hearing Reporter to stamp and date exhibits and copies as directed by the hearing officer for repetitive hearing requirements. Stamps will be provided at the expense of the Contractor.

The Contractor shall retain, safeguard or distribute, per instructions from the Hearing Officer, all exhibits.

Additionally, the Contractor shall cause the Hearing Reporter to collect appearance cards from all persons appearing on behalf of themselves or others. Hearing cards shall contain information as designated by the Hearing Officer, and the Contractor shall file all cards with the Authorized User at the close of the hearing day.

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Electronic Mailing of Transcription An electronic version of each transcript shall be electronically mailed to the Authorized User as an encrypted message, with encrypted document attached in addition to a hard copy if requested by the Authorized User.

The file shall be computer readable identical copy of original printed transcript including pagination, one hundred

(100) percent equivalent upper/lower case text and matching page and line numbers in the same sequential order

Confidentiality Requirements The Authorized User will communicate to the Hearing Reporter if a hearing has been designated closed. All recorded and hard copy testimony and material will remain the property of the Authorized User. The Contractor shall maintain the confidentiality of all material, identity of any parties and content of any material related to the hearing.

Any requests for information on closed hearings from third parties shall be reported to the Authorized User in writing within twenty-four (24) hours of the request.

All original notes or other records taken in connection with any proceeding shall be held in security by the Contractor for a period of time, as designated by the Authorized User, not to exceed one year.

Public Hearing (as designated by the Authorized User) The Authorized User, or any other purchaser of transcript or document of any hearing, investigation, session, meeting, etc., may duplicate or otherwise reproduce any document for their own use, except for sale to other prospective purchasers, without compensation to the Contractor. Any transcript or documents received by the Authorized User are public documents accessible for public inspection and copying under the terms and provisions of NYS Public Officers Law §87.

Recording Medium All transcripts shall be typewritten or mechanical reproduced if approved in writing by the Authorized User.

Transcript in Electronic Format The Contractor shall furnish portable electronic media in addition to paper document original. Price additional shall include cost of such electronic media.

The electronic media shall be computer readable identical copy of original printed transcript including pagination, one hundred (100) percent equivalent upper/lower case text and matching page and line numbers in the same sequential order.

Each copy of electronic media shall be clearly labeled per Authorized User instructions supplied with the purchase order and computer file identification shall be per Authorized User requirements.

Format shall be ASCII, or generic word processing ASCII.

LOT 3 - Transcription Services Unless otherwise required by the Authorized User in the RFQ, the following requirements shall apply:

• The Contractor shall furnish all labor and materials required to transcribe judicial, administrative, and criminal proceedings, including meetings, from audio cassettes, tapes, digital files, CD-ROM or other media to transcribed copy on media specified by Authorized User.

• Transcript shall be in verbatim form, proofread with all words spelled correctly, properly punctuated and hyphenated and grammatically correct. Any corrections to spelling, hyphenation, or punctuation requested by Authorized User shall be made without additional cost.

Work Pick Up and Delivery After notification by the Authorized User, the material to be transcribed will be sent via postal mail, overnight, hand delivery, or other agreed-upon method by the Authorized User to the Contractor. Alternately, the Contractor shall take delivery of audio cassettes, tapes, digital files, CD-ROM or other media at the Authorized User’s designated location and times or as specified by the Authorized User.

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Completed transcripts shall be sent via electronic mail, within designated times.

An electronic version of each transcript shall be electronically mailed to the Authorized User as an encrypted message, with encrypted document attached.

The file shall be computer readable identical copy of original printed transcript including pagination, one hundred 100 percent equivalent upper/lower case text and matching page and line numbers in the same sequential order.

Transcription Completion Requirements A. Normal Completion:

Work completion and delivery shall be required in seven (7) Business Days excluding Saturday, Sunday and New York State designated holidays.

B. Priority Completion:

Work completion and delivery shall be required in three (3) Business Days excluding Saturday, Sunday, and New York State designated holidays.