7720123150HowToUse.pdf

NYS Office of General Services Procurement Services

Group 77201 – Award 23150 Intelligent Facility & Security Systems and Solutions

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GROUP 77201 – AWARD 23150

INTELLIGENT FACILITY & SECURITY SYSTEMS AND SOLUTIONS

HOW-TO-USE GUIDELINES1

OGS is providing this document to assist both Contractors and Authorized Users (AUs) on how to correctly use the Intelligent Facility and Security Systems and Solutions Contracts. These guidelines do not relieve the Contractors and AUs from complying with the terms and conditions of the awarded contracts or with all applicable statutes, regulations, AU internal procurement guidelines, policies and procedures, as well as control agency requirements. This is a living document that may be revised by OGS at any time.

CONTENTS

1. AWARD STRUCTURE

1.1 LOTS:

1.2 REGIONS:

1.3 CONTRACTORS:

1.4 METHOD OF CONTRACTOR SELECTION:

2. IN-SCOPE SYSTEMS AND PRODUCT LINES

3. METHOD OF CONTRACTOR SELECTION

3.1 SECOND TIER COMPETITION:

3.2 DIRECT ENGAGEMENT:

4. PROCUREMENT RECORD REQUIREMENTS

4.1 OVERVEW & REQUIREMENTS:

4.2 PROJECT CHECKLIST:

4.3 TECHNICAL JUSTIFICATION FOR MAINTENANCE OF A NON-PROPRIETARY EMBEDDED

BASE:

4.4 DIRECT ENGAGEMENT REASONABLENESS OF PRICE DETERMINATION:

4.5 AUTHORIZED USER REQUIREMENTS IN SECOND TIER COMPETITIONS:

4.6 CONFORMANCE TO HVAC EQUIPMENT REQUIREMENTS:

4.7 PROHIBITED ACTIONS RELATED TO DESIGN & SECOND TIER COMPETITION:

5. GENERAL GUIDANCE

5.1 SITE VISITS:

5.2 NYS STATEWIDE FINANCIAL SYSTEM:

5.3 DEALERS:

5.4 SUBCONTRACTORS:

5.5 DISTINGUISHING BETWEEN INSTALLATION/INTEGRATION VERSUS CONSTRUCTION:

5.6 FRONT-END DOCUMENTS:

5.7 HVAC EQUIPMENT REQUIREMENTS:

5.8 DATA CATEGORIZATION:

5.9 ACCEPTANCE TESTING & PRODUCT/SYSTEM ACCEPTANCE:

5.10 FEDERAL FUNDS:

5.11 FEDERAL FUNDING TERMS AND CONDITIONS FOR PROCUREMENTS:

5.12 DISTRIBUTORS:

5.13 SOURCING OF EQUIPMENT

5.14 VISITOR MANAGEMENT SYSTEMS:

5.15 DETENTION EQUIPMENT:

1 For definitions of the capitalized terms associated with this guidance document, please see Section 2 (“Definitions”) of Appendix B, the “Definitions” worksheet of Attachment 1 – NYS Net Pricing Pages, and Attachment 15 – Glossary of Terms. These documents can be found on the Award’s solicitation files page posted here:

https://ogs.ny.gov/procurement/bid-document-files-intelligent-facility-and-security-systems-and-solutions-statewide

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5.16 FENCING & PERMANENT FACILITY PERIMETER FENCING SYSTEMS:

5.17 ALLOWABLE GATE OPERATOR AND GATE EQUIPMENT FOR SECURE FACILITIES AND 26

PUBLIC SAFETY FACILITIES:

5.18 CRANE RENTAL:

5.19 PROHIBITED REQUIREMENTS:

6. PERMITTING, CODE COMPLIANCE, AND PROFESSIONAL LICENSING

6.1 UNIFORM CODE COMPLIANCE:

6.2 DESIGN BUILD/DESIGN BUILD AUTHORIZATION:

6.3 CERTIFIED TECHNICIAN REQUIREMENT:

6.4 NYS FIRE ALARM SECURITY SYSTEM INSTALLER LICENSE:

6.5 ADDITIAONAL LANGUAGE INCORPORATED INTO ALL CONTRACTS AWARDED UNDER

LOT 2:

7. MAINTENANCE

7.1 GENERAL:

7.2 LEGACY MAINTENANCE/SUPPORT:

7.3 SPARE INVENTORY OF CRITICAL EQUIPMENT:

7.4 REMEDIAL MAINTENANCE RESPONSE REQUIREMENTS:

7.5 MAINTENANCE SERVICE SHEETS:

8. PRICING AND PAYMENTS

8.1 CONTRACTOR PRICING COMPLIANCE:

8.2 AUTHORIZED USER PRICING COMPLIANCE:

8.3 PREVAILING WAGE:

8.4 PROCESS FOR A CONTRACTOR TO OBTAIN A WRITTEN DETERMINATION FROM NYS

DOL:

8.5 ACTUAL TIME WORKED:

8.6 AUTHORIZED USER AGREEMENT PRICING UPDATES:

8.7 AUTHRORIZED USER AGREEMENT PRICING AFTER EXPIRATION OF THE CENTRALIZED

CONTRACT:

8.8 DEFFERED PAYMENTS AND INSTALLMENT OPTIONS:

8.9 PROJECT LABOR AGREEMENT:

8.10 PURCHASE ORDERS (POs):

8.11 SUBCONTRACTOR AUTHORIZED USER TOTAL HOURLY RATES AND SUBCONTRACTOR

PERCENT (%) MARKUP:

8.12 AUTHORITY HAVING JURISDICTION FEES:

8.13 ROUNDING RULES FOR AUTHORIZED USER AGREEMENTS:

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1. AWARD STRUCTURE

This Award includes a pre-qualified pool of Contractors who have agreed to Not-To-Exceed Pricing for Equipment and Services. An additional competitive process among pre-qualified Contractors is required under certain situations. This Award has multiple offerings of Equipment and Services and was awarded by Lot and Region as described below. More detailed information will be provided in later sections of this guidance document.

1.1 LOTS: Contracts are awarded by Lot as follows:

LOT 1: Equipment Only LOT 2: Systems and Solutions (Equipment, Installation, Integration, and Maintenance)

Please note: All Equipment, Systems, and Services provided by Contractors MUST be included on their NYS Net Pricing Pages published on the OGS website.2 AUs are entirely responsible for verifying this information prior to using the Intelligent Facility and Security Systems and Solutions Contracts.

1.2 REGIONS: Contracts were awarded across nine different county-based regions, as shown in Table 1:

Table 1 – Counties by Contract Region

Region 1 Nassau, Suffolk Region 2 Bronx, Kings (Brooklyn), New York, Queens, Richmond (Staten Island) Region 3 Dutchess, Putnam, Westchester Region 4 Orange, Rockland, Sullivan, Ulster Region 5 Albany, Columbia, Delaware, Fulton, Greene, Montgomery, Otsego, Rensselaer, Schenectady, Schoharie Region 6 Clinton, Essex, Franklin, Hamilton, Saratoga, Warren, Washington Region 7 Cayuga, Herkimer, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, St. Lawrence Region 8 Broome, Chemung, Chenango, Cortland, Livingston, Monroe, Ontario, Schuyler, Seneca, Steuben, Tioga, Tompkins, Wayne, Yates

Region 9 Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans, Wyoming

2 The NYS Net Pricing Pages for This Award can be accessed by clicking on the Pricing Information links within the table of the Contractor Information document posted here:

https://online.ogs.ny.gov/purchase/snt/awardnotes/7720123150ContractorPage.pdf

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1.3 CONTRACTORS: A pre-qualified pool of Contractors has been established to provide Equipment and Services under This Award. Contractors Must only offer the Equipment, Systems, and Services listed on their NYS Net Pricing Pages on the OGS website.2

1.4 METHOD OF CONTRACTOR SELECTION: In certain situations, a process known as a Second Tier Competition (also called a mini-bid) is required to encourage additional competition among the pool of qualified Contractors, with the goal of obtaining the most favorable Pricing and Terms. In situations where a Second Tier Competition is not required, an AU Must document the rationale behind pursuing Direct Engagement with the qualified Contractor that they select from the pool.

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2. IN-SCOPE SYSTEMS AND PRODUCT LINES

Table 2 below includes all Systems that are within the scope of This Award. Please see Attachment 15 – Glossary of Terms for the definitions of each of these offerings.3

Table 2 - In-Scope Systems

Alarm and Signal Systems Building Automation Systems (BAS) Command Center Systems Computer Aided Dispatch Systems Electronic Article Surveillance Systems Electronic Identification Systems Emergency Mass Notification Systems Emergency Phone/PBX Systems Energy Management Systems CCTV/Surveillance Camera Systems Electrical Distribution and Control Systems Parking Access Control System Physical Access Control Systems Fire Alarm Systems Fire Pump Systems Fire Station Alerting Systems Inmate Radio Systems Microprocessor-Controlled HVAC Equipment Systems Permanent Facility Perimeter Fencing Systems Fire Sprinkler and Fire Suppression Systems Lighting Control/Occupancy Detecting Systems Livescan Store and Forwarding Systems Nurse Call Systems Personal Alarm Systems Public Address Systems Public Safety Digital Display Systems Time Management Systems Traffic and Transportation CCTV/Surveillance and Monitoring Systems Vaping Detection Systems

The Systems (for Lot 2) and Product Line(s)s (for Lots 1 and 2) offered by each Contractor are listed in a spreadsheet that can be found at the following link:

https://online.ogs.ny.gov/purchase/snt/awardnotes/7720123150_Matrix.xlsx

3 Attachment 15 – Glossary of Terms can be found on the Award’s solicitation files page posted here:

https://ogs.ny.gov/procurement/bid-document-files-intelligent-facility-and-security-systems-and-solutions-statewide

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Examples of Appropriate Use for Wiring and Cable - The following examples demonstrate the appropriate use of wiring and cable under this This Award:

• Removing/disposing of an in-scope System

• Core-drilling if directly connected to the provision of an in-scope System

• Installing conduit for wire for an in-scope System

• Running wire (Line Voltage Wiring and Low Voltage Wiring) as part of an in-scope System

• Connecting Equipment to the wiring for an in-scope System

• Start-up/Commissioning/Programing of the Equipment associated with an in-scope System

AUs Must not use any Equipment for Systems or Work that does not fit the scope of This Award, including but not limited to Low Voltage Wiring or Line Voltage Wiring obtained under This Award. For example, AUs Must not use either/both the wire and cable on Contract or the Electrical/Electrical Installer Job Titles to install a phone system as this is not in-scope.

Contractors Must use the Job Titles and corresponding Total Hourly Rates in their NYS Net Pricing Pages on the OGS website for all Installation, Integration, and Maintenance performed on Contract.

Contractors Must not use the Job Titles on their Contract to perform Services (Installation, Integration, or Maintenance) on Equipment not offered on their Contract.

Contractors Must not propose or offer Equipment to AUs which is not listed on their NYS Net Pricing Pages on the OGS Website.2

If an AU’s project does not fall within the definitions of one of these Systems, then it Must not be acquired under this Award. Please contact OGS with any questions pertaining to the definitions of This Award’s Systems.

AUs Must not issue any Purchase Orders (POs) to Contractors under This Award which either:

1) Include Equipment, Services, or Systems that are not listed on the Contractor’s NYS Net Pricing Pages on the OGS website,2

OR

2) Involve the performance of Services (Installation, Integration, or Maintenance) on Equipment not listed on the Contractor’s NYS Net Pricing Pages on the OGS Website. 2

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3. METHOD OF CONTRACTOR SELECTION

3.1 SECOND TIER COMPETITION: As previously noted, This Award includes a pre-qualified pool of Contractors with Not-To-Exceed Pricing, and This Award has multiple offerings of Equipment and Services. Where practicable and feasible, the intended use of these Contracts includes a competitive process (known as a Second Tier Competition) whereby AUs seek competition among Contractors to obtain more advantageous pricing and terms as well as the most economical and efficient offerings.

A Second Tier Competition is not required in all circumstances; however, there are certain situations where an AU is obligated to hold a Second Tier Competition in order to correctly use the Contracts.

Table 3 below outlines situations in which an AU is required to hold a Second Tier Competition. Please note that AUs Must document all decisions regarding the Second Tier Competition in the final procurement record.

Table 3 - Applicability of Second Tier Competition

Situation # Situation

Is Second Tier Competition

(Mini-Bid) Required?

1 Equipment Only Purchase Yes

Providing a New System* when the Authorized User either:

A. Has not Standardized1 on a Contractor OR B. Does not have a Proprietary System in a majority (more than 50%) of its Facilities, campuses, etc.

Yes

Providing a Proprietary System in a Facility where the AU:

A. Has this same Proprietary System Installed, Integrated, and

Accepted in a majority (more than 50%) of its Facilities, campus, etc.;

OR

B. Has Standardized on this Proprietary System; OR C. Is expanding an existing Facility where there is an Embedded Base of this Proprietary System

No

Providing a non-Proprietary New System in a Facility where the Authorized User has Standardized on a particular Contractor that offers All Equipment comprising the non-proprietary System on their Contract (as listed on their NYS Net Pricing Pages published on the OGS website)

No

Maintenance of a Proprietary System by the Contractor that offers All Equipment comprising the Proprietary System on their Contract (as listed on their NYS Net Pricing Pages published on the OGS website)

No

Maintenance of a non-Proprietary System where the Authorized User has Standardized on a particular Contractor that offers All Equipment comprising the non-Proprietary System on their Contract (as listed on their NYS Net Pricing Pages published on the OGS website)

No

Maintenance of a Non-Proprietary Embedded Base where the Contractor offers all Equipment comprising the non-Proprietary Embedded Base on their Contract (as listed on their NYS Net Pricing Pages published on the OGS website)

No

Maintenance of a non-Proprietary System where both:

A. The Business Entity that Provided the System is either:

i) Not awarded a Contract OR No

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Situation # Situation

Is Second Tier Competition

(Mini-Bid) Required?

ii) Not awarded a Contract for Lot 2 OR

iii) Awarded a Contract for Lot 2 but not awarded the particular

Region where the Facility is located OR

iv) No longer offers the Product Line(s)

AND

B. There is only one Contractor on Contract awarded Lot 2 and the particular Region which offers the Product Line(s) and all Equipment comprising the non-Proprietary Embedded Base on their Contract (as listed on their NYS Net Pricing Pages published on the OGS website)

Maintenance of a non-Proprietary System in a Facility located in a particular Region where the Product Line(s) for All Equipment comprising the System are only offered by one Contractor awarded under Lot 2 (with All Equipment listed on their NYS Net Pricing Pages published on the OGS website)

No

Providing a non-Proprietary System in an existing Facility where:

A. The AU is expanding the existing Facility

AND

B. There is an Embedded Base of this non-Proprietary System

AND

C. The Business Entity that Provided the non-Proprietary System that is the Embedded Base at the Facility is either:

i) Not awarded a Contract OR

ii) Not awarded a Contract for Lot 2 OR

iii) Awarded a Contract for Lot 2 but not awarded the particular

Region where the Facility is located OR

iv) No longer offers the Product Line(s)

AND

D. There is only one Contractor on Contract awarded Lot 2 and the particular Region which offers the Product Line and all Equipment comprising the non-Proprietary Embedded Base on their Contract (as listed on their NYS Net Pricing Pages published on the OGS website)

No

*Note 1: Provide a System, Providing a System, or Provided a System (including Providing a New System, Providing a Proprietary System, Providing a non-Proprietary System, Providing a non- Proprietary New System, Provided the non-Proprietary System, and Provided a New System) means a Contractor performs all of the following as part of an Authorized User Agreement for a project:

1) Contractor furnishes all Equipment Comprising the System,

2) Contractor performs all Installation of the Equipment they furnished,

3) Contractor performs all Integration of the Equipment they furnished and Installed, and

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Situation # Situation

Is Second Tier Competition

(Mini-Bid) Required?

4) After the AU accepts the Equipment, System, and Solution in accordance §5.9 Acceptance Testing & Product/System Acceptance Contractor warranties all Equipment and Services performed in accordance with Appendix B, Warranties and §7, Maintenance.

This definition of Provide a System or Providing a System includes when a Contractor furnishes, Installs, Integrates, and post-acceptance warranties a Microprocessor-Controlled HVAC Equipment System even if the AU describes the project as for example “Provide a Chiller,” “Providing a Chiller,” or some other similar language.

Even when an AU standardizes on a particular Product Line(s) and Contractor, the Contractor Must not perform Services on Equipment that the Contractor does not have listed on its NYS Net Pricing Pages published on the OGS website.

For example, even if an AU standardizes on a particular Product Line(s) and Contractor for its Building Automation System, the Contractor Must not perform Services on Equipment the Contractor does not have on their Contract (e.g., a Chiller that is not on the Contractor’s NYS Net Pricing Pages published on the OGS website).

Contractors May submit Contract Update Request to add Product Lines or Equipment that is not on their Contract (as listed on their NYS Net Pricing Pages published on the OGS website) in accordance with the provisions of Appendix C4. All Contract Updates Must be approved by OGS (Procurement Services) before being valid and effective.

An AU Must not conduct a Second Tier Competition for Maintenance where the Equipment to be Maintained is Proprietary Equipment, as this would constitute circumventing the requirements of §4.1 Overview & Requirements of this document. For example, an AU Must not conduct a Second Tier Competition to acquire Maintenance of ABC Company’s Chiller when only ABC Company has this Equipment on its Contract (as listed on its NYS Net Pricing Pages published on the OGS website) and is therefore the only Contractor that can perform Maintenance on this Equipment under Award 23150.

Discrepancies and Authorized User-Specific Protests pertaining to a Second Tier Competition issued under the resulting award Must be resolved by the issuing AU and not by OGS.

3.2 DIRECT ENGAGEMENT: In situations where a Second Tier Competition is not required (i.e., Situations 3 through 10 in Table 3), AUs May pursue a Direct Engagement with a Contractor of their choice. This option requires the AU to document the rationale behind the Contractor selection, including a Reasonableness of Price Determination, and Must include a Technical Justification as detailed in the sections below.

4 Please see Appendix C at the following link:

https://ogs.ny.gov/procurement/bid-23150-appendix-c

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4. PROCUREMENT RECORD REQUIREMENTS

4.1 OVERVEW & REQUIREMENTS: The purpose of the procurement record is to document business decisions including how and why an AU selected a particular Contractor.

1) In situations where a Second Tier Competition is required, AUs Must document their decision-making process, including how they arrived at the final selection, in narrative form within the procurement record.

State Agencies that are customers of the Business Services Center (BSC) Must provide this narrative to the BSC along with all other necessary information for issuing a Purchase Order.

The BSC will only confirm documentation is provided. The BSC will not review or determine the accuracy, correctness, content, or appropriateness of the Agency’s business decisions or supporting documentation. The State Agency is entirely responsible for all business decisions and Must not use the BSC’s review/issuance of a PO as a justification or approval of its business decisions in any audit or other review.

OR

2) In situations where an AU is not required to conduct a Second Tier Competition, AUs Must adhere to the following procedures:

A) The AU Must document all of the following in a narrative:

(1) The project/scope of Work

(2) Any relevant information regarding the existing Equipment or Systems in the Facility, campus, or entire AU site

(3) The AU’s determination of which situation from Table 3 the project/scope of Work conforms to

AND

(4) Justification as to why the project/scope of Work does not require a Second Tier Competition

State Agencies that are customers of the BSC Must provide this narrative to the BSC along with all other necessary information for issuing a Purchase Order.

The BSC will only confirm that the required documentation has been provided. The BSC will not review or determine the accuracy, correctness, content, or appropriateness of the Agency’s business decisions or supporting documentation. The State Agency is entirely responsible for all business decisions and Must not use the BSC’s review/issuance of a PO as a justification or approval of its business decisions in any audit or other review.

B) The AU Must either:

(1) Receive from the Contractor, in writing, Pricing which is below the Not-To-Exceed NYS Net Pricing, Total Hourly Rates and/or Subcontractor Percent (%) Markup listed under the Contractor’s NYS Net Pricing pages

OR

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(2) Request from the Contractor, in writing, Pricing which is below the Not-To-Exceed NYS Net Pricing, Total Hourly Rates, and/or Subcontractor Percent (%) Markup listed under the Contractor’s NYS Net Pricing pages, and if this reduced Pricing is not obtainable, document in a narrative the reasons why the Contractor cannot provide reduced pricing to the AU

State Agencies that are customers of the BSC Must provide this narrative to the BSC along with all other necessary information for issuing a Purchase Order.

The role of the BSC is only to verify that either:

(A) The Contractor offered the Agency lower pricing than the “Not to Exceed” Pricing on the Contract (either in the initial quote or after a request from the Agency), OR

(B) If the Contractor did not offer the Agency lower than contract pricing, that the Agency obtained the Contractor’s explanation of why they cannot offer lower than contract pricing and included this explanation in the written narrative.

State Agencies that are customers of the BSC Must provide this information to the BSC along with all other necessary information for issuing a Purchase Order.

The State Agency is entirely responsible for all business decisions and Must not use the BSC’s review/issuance of a PO as a justification or approval of its business decisions in any audit or other review.

AND

C) The AU Must:

(1) Obtain from the Contractor comparable pricing that the Contractor offered and accepted on a similar project, to a similar customer or on a similar contract

AND

(2) Include a narrative in their procurement record that:

(A) Describes why the project, customer, or contract provided by the Contractor is similar to the project/Work/Services the Contractor is proposing to perform

AND

(B) Determines that the pricing offered by the Contractor on the similar project, customer, or contract demonstrates that the pricing being proposed by the Contractor to the AU is reasonable

State Agencies that are customers of the BSC Must provide this information and the narrative to the BSC along with all other necessary information for issuing a Purchase Order.

The BSC is not reviewing or determining the accuracy, correctness, content, or appropriateness of the Agency’s business decisions or supporting documentation, other than verifying pricing on the Centralized Contract. The State Agency is entirely responsible for all business decisions and Must not use the BSC’s review/issuance of a PO as a justification or approval of its business decisions in any audit or other review.

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4.2 PROJECT CHECKLIST: To facilitate the appropriate use of This Award to procure Services, OGS has developed a Project Checklist that must be completed by all AUs prior to issuing any Direct Engagement or Second Tier Competition. The Project Checklist Must be maintained as a part of the AU’s Procurement Record if it obtains Services under This Award. The Project Checklist can be accessed using the following link:

https://online.ogs.ny.gov/purchase/snt/awardnotes/7720123150ProjectChecklist.xlsx

Affirmative answers to one or more of the questions in the Project Checklist does not necessarily indicate that This Award should not be used to procure Equipment or Services for the AU’s project. Rather, the purpose of the Project Checklist is to ensure that AUs consider certain project parameters to ensure that they fall within the scope of This Award and address potential risks. However, AUs should note that if the project contains only work/services that do not fit the scope of This Award, the AU Must obtain work/services for the project through a different procurement method.

Where the project contains both Equipment and Services that do fall within the scope of This Award as well as Equipment and Services that do not fall within the scope (e.g., performing Work on Equipment which is more than 600 Volts), the AU Must not obtain the Equipment and services that do not fall within the scope under This Award.

Additionally, for any business unit within OGS, or for any project to be completed in a Facility under the Custody of OGS (see 19 NYCRR § 1204.3 for additional information), the AU Must submit a completed Project Checklist to the New York State Chief Real Estate Officer or, in his or her absence, the Executive Deputy Commissioner of the Office of General Services, for review and approval.

4.3 TECHNICAL JUSTIFICATION FOR MAINTENANCE OF A NON-PROPRIETARY EMBEDDED

BASE: Where the AU is obtaining Maintenance on a Non-Proprietary Embedded Base, the AU Must consider and document the following as part of its Technical Justification for its Direct Engagement with the Contractor:

• Does the Contractor have the particular Product Line(s) which constitute the Embedded Base on their Centralized Contract (listed on the OGS Website)?

• Did the Contractor Install and Integrate the System in the AU’s Facility?

• Has any other vendor performed Maintenance on this System besides the current Contractor? Is the current Contractor providing any Central Station monitoring as part of the Maintenance Agreement? If yes:

o Does this Central Station Monitoring involve specific Equipment which is part of the System in order to communicate with the Central Station?

o Did the Contractor have to program/configure/integrate the System to communicate with the Central Station?

o Would utilizing a Different Contractor require the removal the Existing Equipment for Central Station Monitoring and the Installation and Integration of New Equipment?

• What are the Cyber Security Risks/Liabilities of switching from the current Contractor to a different Contractor?

AUs Must include this information in the narrative required by Part 2) A) of §4.1 Overview & Requirements of this document.

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State Agencies that are customers of the Business Services Center (BSC) Must provide this narrative to the BSC along with all other necessary information for issuing a Purchase Order.

The BSC will only confirm that the required documentation has been provided. The BSC will not review or determine the accuracy, correctness, content, or appropriateness of the Agency’s business decisions or supporting documentation. The State Agency is entirely responsible for all business decisions and Must not use the BSC’s review/issuance of a PO as a justification or approval of its business decisions in any audit or other review.

4.4 DIRECT ENGAGEMENT REASONABLENESS OF PRICE DETERMINATION: Where the AU is not required to conduct a Second Tier Competition and conducts a Direct Engagement with a Contractor, the AU is still responsible for demonstrating Reasonableness of Price for the Work. Contractors Must provide the AUs with acceptable comparable contracts/comparable Customers, preferably competitively awarded, and awarded within the last two (2) years.

To determine if a comparable contract/comparable customer is acceptable, the criteria below are provided for consideration.

1. Similar Scope of Work

• Is the Contractor proposing the same System and Product Line(s) to the AU as was offered to and accepted on the comparable contract/by the comparable customer?

• Is the Equipment being offered to the AU either the same Equipment as was offered to and accepted by the Comparable Contract/Customer, or newer versions of discontinued Equipment which perform at equal or better than the level of performance of the discontinued Equipment?

• Is the Contractor performing the same or similar Work/Services for the AU as was offered to and accepted by the Comparable Contractor/Customer? In particular:

o Is the Contractor proposing the same Job Titles to the AU that were offered to and accepted by the Comparable Contract/Customer?

o If the Job Titles are not the same, are they close enough to indicate similar Work?

o If no Job Titles were used or the Job Titles are different, are the Descriptions of Duties/Work performed by the different categories of staff the same or similar to the Description of Work? (This should be evaluated based on a General Description of the Work. For example, programing a Building Automaton System and programming a Building Management System would be similar Work.)

o If the same Job Titles are used for different Descriptions of Work/Duties, are the Descriptions similar (e.g., programming controllers, sensors, etc. for a Building Automation System vs. programming a Building Automation System)?

2. Similar Facilities

The Facility of the comparable contract/comparable customer must be similar to the AU’s Facility.

Similar Facilities are of the same class and type, as demonstrated in Table 4 below:

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Table 4 - Similar Facility Classes and Types

Class Example Types

Secure Facilities Correctional Facilities, psychiatric Facilities, county jails, detention centers, youth Facilities

Office Facilities K-12 schools, office buildings, academic Facilities Healthcare Facilities Hospitals, nursing homes

Residential Facilities College/university dormitories, OPWDD/Not-for-Profit community residence homes

Special use Facilities Sewer plants, wastewater treatment plants, power plants Public safety Facilities Police buildings, fire stations, armories

Sports Facilities Stadiums, hockey rinks Transit Facilities Railway stations, bus terminals, airports, boat/ferry terminals

Museum Facilities Museums, historic buildings

Contractors cannot use Classes or Types of Facilities with additional requirements (e.g., a Secure Facility) to demonstrate Reasonableness of Price for a Class or Type of Facility with less stringent requirements.

3. Underlying Conditions

The underlying conditions of the Facility (e.g., status such as New Facility or Existing Facility, age, particular Code requirements, pollution/hazardous materials, etc.) are factors AUs need to review as part of their determination as to what constitutes an acceptable Comparable Contract/ Customer. Considerations include:

• How old are both Facilities?

• If the AU’s Facility and the comparable contract/comparable customer Facility have different ages, were there any changes to any Building Codes that would affect the Installation/Integration/ Acceptance or Maintenance of the System?

• What, if any, were the insurance and bonding requirements of the Comparable contract/ Customer and how do they compare to both this award and the Project-Specific Insurance Requirements set by the Authorized User/Contract (i.e., higher, lower, or the same)?

• Are there any unique/special conditions to consider for AU’s Project, including but not limited to Pollution/Asbestos/Lead Abatement or Special Security/Site Access Procedures?

4. Project Value Costing Differences

The AU’s Project and the Comparable Contract/Customer’s project need to have similar Total Values, Payment Schedules/Processes, and Deliverables. To determine this, the AU Shall consider:

• What are the dollar values of the proposed AU project and the Comparable Contract/Customer project?

• Does the Comparable Contract/Customer require the payment of NYS Department of Labor (DOL) Prevailing Wage Rates and Supplemental Benefits? In particular:

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Attachment 16 – How-to -Use Guidelines Page 15 of 50 o Are both projects using the same particular NYS DOL Prevailing Wage Rate Occupation and Subcategory (e.g., NYC Electrician: Audio/Sound/Teledata)?

o Is the Work in both the Authorized User Agreement and Comparable contract/Customer being performed during the same time of day (e.g., both during Normal Business Hours) or different times of day (e.g., Normal Business Hours versus After Business Hours)?

While the values do not need to be the same, the goal is to reference similar economies of scale.

When the total value of the AU proposal is more than 25% greater than that of the Comparable Contract/Customer’s, the Contractor must include an explanation as to why it cannot offer more favorable pricing. AUs reserve the right to require this justification for a lower differential (e.g., 15%), and the Contractor cannot simply reference the 25% threshold.

5. Authorized User-Specific Standard Design

Where an Authorized User has a standard Facility design (assuming the same type and use of the Facilities), the pricing production standard for the same System in each Facility should not vary except due to either:

1) Differences in the Prevailing Wage Rates or Supplemental Benefits issued by the NYS DOL

OR

2) Specific factors outlined in this section, such as the need to perform Pollution/Asbestos Abatement, which are required by the AU and differentiate the two (2) Facilities

OR

3) Based on updates to the Manufacturer’s or Distributor’s List Price/MSRP (issued and published in the Manufacturer’s/Distributor’s Price List with List Price/MSRP (“List Price/MSRP File”) and, by extension, in the Contractually Approved Percent (%) Discount Structures from List Price/MSRP)

6. Additional Pricing Verifications

For any Direct Engagement, AUs Must:

1) Require the Contractor document whether the Comparable Contract/Customer agreement allowed for charging Travel Time and Site Access Time separately, or if the hourly rates on the Comparable Contract/Customer agreement included Travel Costs and Site Access Costs

2) Where the Comparable Contract/Customer Agreement is in whole or in part a Fixed Price/Lump Sum Agreement, Require the Contractor provide Certified Payroll or other documentation demonstrating the actual number of hours Worked

The Contractor (or Subcontractor) May redact the name of the Employees that performed Work on the Comparable Contract/Customer Agreement.

4.5 AUTHORIZED USER REQUIREMENTS IN SECOND TIER COMPETITIONS: Whenever an AU conducts a Second Tier Competition and includes either Mandatory minimum qualifications or technical factors to be evaluated, the AU Must document the reasons for including these requirements in the procurement record and Must demonstrate that they are reasonable or necessary.

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Mandatory minimum qualifications and technical factors Must not be Written only for the purpose of limiting competition, but instead Must be Written to obtain the most economical alternative and to promote the best interests of the AU and the State.

Within the Second Tier Competition document, AUs Must include, at a minimum, the method of award5 for any Second Tier Competition and Must have an Evaluation Tool finalized and date-stamped prior to the receipt of Contractor proposals.

When the basis for awarding a Second Tier Competition is Best Value, the AU May include a Quantitative Factor6 for SBE, MBWBE, and SDVOB Contractors in a manner consistent with State Finance Law §163 and any relevant Rules or Regulations.

4.6 CONFORMANCE TO HVAC EQUIPMENT REQUIREMENTS: AUs Must verify that HVAC Equipment meets the criteria of Microprocessor-Controlled HVAC Equipment prior to using This Award for its purchase, Installation, Integration, and/or Maintenance, and Must document how the Equipment conforms to each criterion in the Procurement Record (see the General Guidance section below for additional information).

4.7 PROHIBITED ACTIONS RELATED TO DESIGN & SECOND TIER COMPETITION: Where an AU is required under This Award to conduct a Second Tier Competition, an AU Must not have one Contractor (or a Subcontractor of a Contractor) under This Award prepare all design documents, specifications, etc.

and use these to conduct a Second Tier Competition.

For those AUs that determine they have Design Build/Design Build Authorization, please see §6.7 Design Build/Design Build Authorization for additional guidance.

5 Please see NYS State Finance Law §163 and the NYS Procurement Council Guidelines for more information on method of award.

6 Please see NYS State Finance Law §163 for additional information regarding Quantitative Factors.

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5. GENERAL GUIDANCE

5.1 SITE VISITS: At the discretion of the AU and prior to the receipt of quotes/proposals, Contractors may be required to perform a site visit at the associated Installation/Integration location to become familiar with any local condition which May in any manner affect the Work to be done, as well as the Equipment or Services required. Contractors are required to carefully examine specifications provided by the AU and to familiarize themselves thoroughly with any conditions and requirements that May in any manner affect the Work to be performed under the Contract. During the site visit, the AU will indicate placement of all Equipment. In addition, Contractors should specify if any modifications or additions to the site are required to insure proper operation of the Equipment. If changes are required, they Must be included in the Contractor’s quote/response to the AU.

No allowances of any kind (e.g., acceptance of increased cost, exceptions with respect to the responsiveness of bid, etc.) will be made due to lack of knowledge of these conditions. Ignorance of the requirements will not relieve the Contractors of their liability and obligations under the Authorized User Agreement.

5.2 NYS STATEWIDE FINANCIAL SYSTEM: When entering transactions into the NYS Statewide Financial System (SFS), New York State Agencies should:

• Verify if the “Service Contract” is for “Maintenance” (see §7: Maintenance of Solicitation 23150 and the Maintenance section of this guidance document) or “Installation/Integration” (see the Distinguishing Between Installation/Integration versus Construction section of this guidance document)

AND

• Note any Progress/Milestone Payments or Retainage included (see §6.14: Invoice and Payment of Solicitation 23150)

5.3 DEALERS: All Dealers Must be pre-approved by OGS for a particular Contractor and listed on the OGS website for the particular Contractor prior to use. Dealers are Business Entities, added by a Contractor awarded a Contract for Lot 1 (Equipment), that are able to sell the Equipment on the awarded Contract. Dealers Must not:

• Perform Services under any of these Contracts

OR

• Sell/offer Equipment which is not on the approved Price List of the Contractor published on the OGS website2

OR

• Charge above the NYS Net Pricing for Equipment

Contract holders under Award 23150 cannot act as a Dealers for another Contract holder under Award 23150.

5.4 SUBCONTRACTORS: All Subcontractors Must be approved by the AU prior to the execution of the Authorized User Agreement. The AU is solely responsible for verifying and documenting that Subcontractors meet all applicable requirements and are used in accordance with the Scope and Terms and Conditions of This Award.

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As part of the approval process for Subcontractors, AUs Must perform the following:

1) The AU Must verify that the Subcontractor holds active licenses in good standing where required by Law, Code, Rules, or Regulation

2) In accordance with Section 69-M of the General Business Law and 19 NYCRR §195.2,7 the AU Must verify if the Subcontractor (Actual Business Entity name or d/b/a name) Must and does hold an active NYS Fire Alarm Security System Installer License in good standing by:

A) Reviewing the scope of the Work being performed and determining if the Equipment or System requires an NYS Fire Alarm Security System Installer License to Install, Integrate, or Maintain

AND

B) If “yes” to item (2)(A), determining if the Subcontractor is performing any Low Voltage Wiring, Equipment Installation, Integration, or Maintenance on any Equipment or System where the NYS Fire Alarm Security System Installer License is required, AND

C) If “yes” to item (2)(B), reviewing the NYS Department of State, Division of Licensing, Index of Licenses and Registrations8 website to verify if either:

(1) The Subcontractor holds a “STATEWIDE” NYS Fire Alarm Security System Installer License

OR

(2) If the AU is located in a municipality with a Master Electrician’s License, that the Subcontractor holds a “LOCAL” NYS Fire Alarm Security System Installer License (Master Electrician Waiver)

NOTE: If the answer to both Items (2)(C)(1) and (2)(C)(2) is “no,” the AU Must reject the Subcontractor.

3) The AU Must determine and verify that the Subcontractor is using (and is not charging more than) the Total Hourly Rates on the Contractor’s NYS Net Pricing Pages on the OGS website

4) The AU Must verify that the Subcontractor is not performing Installation, Integration, or Maintenance on Equipment, Product Lines, or Systems that are not listed on the Contractor’s NYS Net Pricing Pages published on the OGS website9

7 Section 69-M of the General Business Law and 19 NYCRR §195.2 are published on NYS Department of State’s website and can be accessed by copying and pasting the following link into an internet browser address bar:

https://www.dos.ny.gov/licensing/pdfs/SECURITY.pdf 8 The NYS Department of State, Division of Licensing, Index of Licenses and Registrations website search page can be accessed by copying and pasting the following link into an internet browser address bar:

https://appext20.dos.ny.gov/lcns_public/chk_load 9 The NYS Net Pricing Pages for This Award can be accessed by clicking on the Pricing Information links within the table of the Contractor Information document posted here:

https://online.ogs.ny.gov/purchase/snt/awardnotes/7720123150can.htm.

https://www.nysenate.gov/legislation/laws/GBS/69-M https://govt.westlaw.com/nycrr/Document/I8986d8b2c22411ddb9e5b2e06f1b2e15?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)&bhcp=1 https://www.nysenate.gov/legislation/laws/GBS/69-M https://govt.westlaw.com/nycrr/Document/I8986d8b2c22411ddb9e5b2e06f1b2e15?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)&bhcp=1 https://appext20.dos.ny.gov/lcns_public/chk_load

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5) The AU Must verify that the Subcontractor does not hold a Contract under Award 23150 (i.e., that the Subcontractor is not also included as a primary Contractor within the pre-qualified pool established under Award 23150)

6) The AU Must determine that the Work being performed by the Subcontractor falls within the scope of This Award

AND

7) The AU Must ensure that the Subcontractor’s quote/proposal does not contain any Equipment

Additionally, if the AU is a State Agency or State Authority, the AU Must determine if the total dollar value of the Services to be performed by the Subcontractor exceeds $100,000.00, in which case the State Agency or State Authority Must perform a vendor responsibility review of the Subcontractor and ensure that the Subcontractor is Responsible10 prior to issuing the Authorized User Agreement.

5.5 DISTINGUISHING BETWEEN INSTALLATION/INTEGRATION VERSUS CONSTRUCTION: The goal of this section is to clarify the difference between Installation/Integration and construction. The intent of This Award is to allow for the provision of comprehensive, Turnkey Solutions that fit the scope of the Award. However, while Installation and Integration Work can be acquired through the Contracts to the extent that these activities fit within a both the Contract and the Project’s scope, these Contracts are not vehicles to procure Services/activities that would primarily be considered “construction Work.”

Any Installation/Integration Must be directly related to the System and Solution. In order to clearly delineate between an “Installation/Integration” and “construction,” AUs should consider the following questions:

• Does the Work involve hands-on physical Work on the Equipment in the System?

• Does the Work involve direct electronic actions upon a System (e.g., programming)?

• Would separating this Work from the remainder of the System/Solution affect the warranty, functioning, operations, cyber/network integrity, or interoperability, etc. of the System/Equipment?

• Would separating the Work still allow for the provision of the System as per code?

• Is the Work incidental but directly necessary for the System, or is it just convenient to perform the Work at the same time?

• If a “structural” change, is it:

o Only being performed because it is necessary for the implementation of the System?

o Not a material alteration to the building but instead an incidental adjustment?

o Not a major renovation?

Table 5 includes examples of work that would be considered Installation/Integration as opposed to construction work. When working with a Contractor, AUs Must be aware that any work that is not directly related to the provision of a System and Solution is intended to be excluded from This

10 The vendor responsibility section of OSC’s website can be accessed by copying the following link and pasting it into an internet browser address bar: https://www.osc.state.ny.us/vendrep/info_vresp_agency.htm

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Award because it is considered “construction work.” For design and construction work, AUs should follow the applicable laws governing their procurement of design and construction (e.g., Public Buildings Law, Public Authorities Law, State Finance Law, General Municipal Law, etc.).

Table 4 - Examples of Installation/Integration Work vs. Construction Work

Installation/Integration Construction Core drilling for cabling/wiring that is being used directly in the Installation and/or Integration of an Intelligent Facility and Security System and Solution (e.g., drilling hole for wiring of a security camera)

Core drilling for general purpose facility wiring

Wiring any of the Systems which fit the Scope of This Award

Performing General Facility Wiring

Incidental ductwork and/or piping connection from a Microprocessor-Controlled HVAC Equipment System to the Facility’s central/main ductwork/piping (connection from new or replacement HVAC Equipment such as a Chiller to ductwork/piping already in place)

Running of main facility ductwork, piping, etc.

Performing minor Asbestos Abatement in order to Install and Integrate a New Fire Sprinkler System

Performing Facility-Wide Asbestos Abatement

Temporarily removing a small (e.g., 3 square feet) piece of sheetrock so as to access and repair the wiring of a Fire Alarm System

Removing and installing new sheetrock for an entire floor of a Facility

Installing steel fence posts and fencing as part of a Permanent Facility Perimeter Fencing System3

Installing, maintaining, etc. wire mesh, detention equipment, detention accessories, steel detention screens, steel security screens, secure therapy cubicles, fence posts, and fencing that are not part of a Permanent Facility Perimeter Fencing System

Excavating a trench to run low voltage wiring between two different buildings in order to Integrate the CCTV Surveillance Systems in each Building

Obtaining general excavation work, digging, etc.

Ultimately, each type of work will need to be reviewed on a case-by-case basis to delineate between Installation/Integration and construction. Depending on the System and Project, all, some, or none of the work may be allowable under these Contracts. The key point is that, at a minimum, the same test questions and evaluation method should be applied uniformly by AUs in accordance with the guidance provided in this section. AUs reserve the right to ask additional questions beyond those listed in this document to make an accurate determination as to whether or not proposed work would be considered Installation/Integration or construction.

AUs are responsible for ensuring their compliance with the scope and intent of This Award regarding only procuring Installation/Integration Services, and not construction work, as defined in This Award.

State Agencies should also review Section IV.8 Capital Projects of the NYS Office of the State Comptroller (OSC) Guide to Financial Operations for additional guidance on delineating further between

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Installat…