APF2027-C2027-01-IFB-Final.pdf

INVITATION FOR BIDS

#NYSAPA/C2027-01

CONFERENCE FACILITIES

NEW YORK STATE ADIRONDACK PARK AGENCY

ADIRONDACK PLANNING FORUM

Two Consecutive Days During the Period

May 12, 2027 through May 13, 2027

NYS Adirondack Park Agency PO Box 99, 1133 NYS Route 86

Ray Brook, New York 12977

---- (9/23/2026) ----

9/23/2026

Table of Contents

I. Introduction II. Mandatory Minimum Requirements III. Proposal Requirements IV. Evaluation Process V. Method Of Award VI. General Conditions and Contract Requirements

BID RESPONSE FORM

Exhibit 1

MANDATORY MINIMUM REQUIREMENTS CERTIFICATION

Exhibit 2

NON-COLLUSIVE BIDDING CERTIFICATION

Exhibit 3

MACBRIDE FAIR EMPLOYMENT PRINCIPLES FORM

Exhibit 4

VENDOR RESPONSIBILITY QUESTIONNAIRE

Exhibit 5

WORKERS’ COMPENSATION REQUIREMENTS UNDER WCL SECTION 57

DISABILITY BENEFITS REQUIREMENTS

Exhibit 6 OFFERER’S CERTIFICATION OF COMPLIANCE WITH STATE FINANCE LAW §139-k(5)

Exhibit 7

OFFERER DISCLOSURE OF PRIOR NON-RESPONSIBILITY DETERMINATIONS

Exhibit 8

OFFERER’S AFFIRMATION OF UNDERSTANDING

NEW YORK STATE

ADIRONDACK PARK AGENCY

#NYSAPA/C2027-01

I. Introduction

The New York State Adirondack Park Agency (Agency) is seeking a facility to host the Adirondack Planning Forum (Conference) during a two-day period, starting on Wednesday, May 12, 2027 at 2:00 PM (Day One) through Thursday, May 13, 2027 at 6:00 PM (Day Two). The Conference will begin with an Evening Welcome Reception at 4:00 PM on “Day One” and will begin at 7:00 AM on “Day Two.” The bidder will submit one bid for the two consecutive dates of May 12, 2027 and May 13, 2027. The selected facility shall accommodate approximately 275 attendees, and include meeting rooms suitable for conducting seminars, lodging, catering facilities, and the ability to provide for additional needs, services, and equipment as outlined below.

II. Mandatory Minimum Requirements

1. The facility must be located within a 20-mile radius of the Agency’s Headquarters in Ray Brook, New York.

2. Lodging Rooms

a. A block of at least 100 lodging rooms must be held available until 5:00 PM, at least 15 days prior to selected dates, so that attendees may make reservations for lodging starting on Day One.

b. The block of lodging rooms must be either at the same facility or within 0.1-mile radius of the conference rooms.

c. The block of lodging rooms must be made available to conference attendees, at or below General Services Administration (GSA) rate.

d. Billing for rooms by attendees is not the responsibility of the Agency or the State, and must be arranged directly with registered attendees.

e. Air conditioning, heat, water, internet and television must be fully functional in all lodging rooms.

f. The facility shall indicate plans for spill-over lodging rooms in the event room registrations exceed the number of blocked rooms available.

g. Any rooms in the block of lodging rooms that are not reserved by the above date and time may be released, and reservations may be taken based on space availability at the GSA established rate.

h. The Agency will not be responsible for any rooms not reserved during the dates of the conference, nor any incidental expenses incurred by the successful bidder.

3. Additional facility requirements.

a. Vendor must provide that all rooms for conference activities are within a

0.1-mile radius of the luncheon area. If Vendor is using rooms not owned by the Vendor, the Vendor must manage all sub-contractual agreements.

b. All rooms and facilities must meet the Agency’s needs for comfort and cleanliness.

c. All rooms and facilities must meet ADA accessibility requirements.

4. Requirement of One (1) Centrally Located Main Registration Area

a. Day One [2:00 PM-5:00 PM] AND Day Two [7:00 AM-5:00 PM]

i. Area must be at least 200 square feet in size.

ii. Area must be well lit, conveniently located to the main meeting rooms, and adequate to accommodate the processing of registrants.

iii. Area must be set up to register conference attendees and include:

1) Three (3) six-foot skirted tables;

2) Four (4) comfortable chairs; and

3) Access to electrical outlets and high-speed internet.

iv. Access to the area must be unrestricted.

b. The Registration Area should be in the same location for both days and within the same facility as the main luncheon room.

5. Requirement of One (1) Evening Welcome Reception Area

a. Day One [4:00 PM-7:00 PM]

i. A room or private area having a 200-person capacity with a cash bar available and the opportunity to provide for hors d’oeuvres commensurate with available funds.

ii. Set-up requirements include:

1) A wireless microphone, podium, amplification system, projector and projection screen; and

2) One 6-foot table for welcome information and nametags.

iii. Access must be unrestricted.

6. Requirement of One (1) Main Meeting Room for Morning Welcome

a. Day Two [8:00 AM-9:00 AM]

i. A room set-up classroom-style with comfortable chairs to accommodate a 200-person capacity.

ii. Set-up must include:

1) Access to electrical outlets and high-speed internet;

2) Table for audio-visual equipment;

3) Projection screen measuring at least 84-inches as measured diagonally; and

4) Standing podium with microphone at the front of the room for presenters.

iii. Access must be unrestricted.

iv. If this meeting room is also utilized for the luncheon, set-up for the luncheon must be accomplished without disruption to the scheduled meeting.

7. Two (2) Breakout Meeting Rooms

a. Day Two [8:00 AM-5:00 PM]

i. Room 1 [Four (4) Breakout Sessions: 8:00 AM-5:00 PM]

1) All Breakout Meeting Rooms must be within a 0.1-mile radius of the main luncheon area.

2) A room set-up classroom-style with comfortable chairs and tables with a minimum 125-person capacity.

3) Set-up requirements include:

a) Access to electrical outlets and high-speed internet;

b) Table for audio-visual equipment;

c) Projection screen measuring at least 84 inches as measured diagonally;

d) Two (2) six-foot tables with 4 comfortable chairs for presenters;

e) Standing podium with microphone and amplification system;

f) Table-top microphones as needed at the front of the room for panelists with amplification system;

g) One (1) six-foot table for handouts; and

h) Extension cord.

4) Access must be unrestricted.

ii. Room 2 [Four (4) Breakout Sessions: 8:00 AM-5:00 PM]

1) All Breakout Meeting Rooms must be within a 0.1-mile radius of the main luncheon area.

2) A room set up classroom-style with comfortable chairs and tables with a minimum 100-person capacity for 4 separate breakout sessions during the allotted time.

3) Set-up requirements include:

a) Access to electrical outlets and high-speed internet;

b) Table for audio-visual equipment;

c) Projection screen measuring at least 84 inches as measured diagonally;

d) Two (2) six-foot tables with 4 comfortable chairs for presenters;

e) Standing podium with microphone and amplification system;

f) Table-top microphones as needed at the front of the room for panelists with amplification system;

g) One (1) six-foot table for handouts; and

h) Extension cord.

4) Access must be unrestricted.

8. One (1) Exhibitor Space

a. Day Two [7:00 AM-5:00 PM]

i. Dedicated space for 15-20 state agency and commercial exhibitors to set-up displays and allow for conference attendees to circulate through the area. Exhibitor Space must be in the same facility as the main luncheon area.

ii. Set-up requirements for each exhibitor include:

1) One (1) six-foot table;

2) Two (2) comfortable chairs; and

3) Access to electrical outlets.

9. One (1) Resource Room/Space

a. Day One [2:00 PM–5:00 PM]

i. A room or semi-private area of at least 1,500 square feet in size.

Set-up requirements include tables and 75 chairs.

b. Day Two [8:00 PM–5:00 PM]

i. A room or semi-private area of at least 1,500 square feet in size.

Set-up requirements include tables and 75 chairs.

10. One (1) Luncheon Room/Area

a. Day Two [12:00 PM-2:00 PM]

i. Luncheon Room(s)/Area(s) must have a minimum 275-person capacity to allow seating at lunch tables. Any persons not capable of being accommodated in the main luncheon room, may be accommodated in another luncheon room, provided it is in the same facility, and has a minimum 200-person capacity.

11. On-site Catering Capabilities. Meals and refreshment breaks are to be approved by the Agency and must be served at times to conform to the conference agenda. Acceptability of meal and break proposals is at the discretion of the Agency. The Vendor must provide detailed meal descriptions within its proposal.

The following are illustrative of the meal requirements:

a. Day One (up to 200 people)

i. Welcome Reception

1) Evening cash bar reception and hors d’oeuvres commensurate with funds from commercial exhibitor fee and $5 registration set-aside.

b. Day Two (up to 275 people)

i. Breaks

1) Registration [7:30 AM to 8:30 AM]

a) Must include:

i) Coffee (regular & decaf);

ii) Tea (regular & herbal);

iii) Water;

iv) Juices; and

v) Assorted fresh baked pastries.

2) AM Break

a) Must include:

i) Coffee (regular & decaf);

ii) Tea (regular & herbal);

iii) Water;

iv) Juices; and

v) Assorted fresh baked pastries.

3) Luncheon [12:00 PM-1:30 PM]

a) If possible, the luncheon should be buffet-style, however a boxed-lunch option may be acceptable if it meets the requirements in this section. The luncheon must be capable of serving up to 275 people.

b) Vendor quotes should consider flexibility in choice of meals.

c) Luncheons must be all inclusive with:

i) Beverage;

ii) Entree choices; and

iii) Dessert.

d) Reasonable accommodations must be made to address any special dietary needs. Including but not limited to gluten-free, vegan, Kosher, etc.

4) PM Break

a) Must include:

i) Coffee (regular & decaf);

ii) Tea (regular & herbal);

iii) Soda (regular, diet & decaffeinated);

iv) Water; and

v) Assorted fresh snacks.

12. Gratuity must be included in the prices shown on Bid Response Form.

13. NYS Sales Tax should not be included on the Bid Response Form. The Agency is a tax-exempt state government agency.

14. Deposits shall not be required from the Agency in advance of the Conference, however may be arranged directly with Conference attendees at a rate no higher than 25 percent.

15. Conference attendees shall be responsible for arranging and paying for their lodging and incidental expenses by contacting the Vendor directly. However, attendees must be charged no higher than the GSA established rate.

16. Agency staff must have full access to the registration area, and all other facilities no later than 2:00 PM on Day One and no later than 7:00 AM on Day Two.

17. The Vendor shall provide an established price per attendee, five dollars ($5.00) of which will be set aside in a reserve account to cover ancillary expenses incurred on Day One. The price per attendee shall also include 30 complimentary (no charge) conference passes for guests and presenters. The attendee fee will be made payable to the Vendor.

18. Conference attendees who register with payment or voucher received more than 14 calendar days prior to the Conference date, or by April 28, 2027, will pay the amount specified by the Vendor on the Bid Response Form. Otherwise, Conference attendees who register less than 14 days before the event, will pay an additional $35 charge, the of which entire balance is to be retained by the Vendor.

19. All commercial Conference exhibitors will pay a fee of $300 for the exhibitor space, which will cover up to two lunches with the remainder to be set aside to cover the Evening Welcome Reception on Day One. The exhibitor fee will be made payable to the Vendor.

20. The Agency shall send Conference registration information to local government officials and other interested participants. Completed registrations will be returned to the Agency and logged.

21. At least 14 calendar days prior to the Conference date, or by April 28, 2027, the Agency shall provide an estimated Conference attendance count and all payments and vouchers received to date. Seven (7) calendar days prior to the Conference date, or May 5, 2027, the Agency will provide another estimated conference attendance count and all additional payments and vouchers received to date. The Agency will provide all total payments and vouchers received to the Vendor by 5:00 PM on the business day following Day Two.

22. The Vendor shall process conference payments from attendees and exhibitors, and the Agency shall deliver payments to the Vendor. All conference registration fees will be made payable to the Vendor by the attendees, exhibitors, local governments, or other organization. Attendees and exhibitors may pay the Vendor via credit card, check or voucher (with and without tax exempt forms as appropriate). All vouchers will be processed by the Vendor for payment.

23. If lunch tickets are used, the Vendor will provide lunch tickets no later than May

10, 2027, for distribution to conference participants at registration on Day Two.

24. The Vendor shall provide on the Bid Response Form a fee for individuals who choose to purchase lunch on Day Two.

25. The Agency reserves the right to investigate or make any inquiry into the capabilities of any bidder to properly perform. Upon a tentative award resulting from the bid, the Agency reserves the right to conduct a site visit to ensure all mandatory requirements are met.

26. The Agency shall furnish a letter to the Vendor of the Agency’s tax-exempt status.

III. Proposal Requirements

1. To be eligible, bidders are required to submit a completed Bid Response Form

(beginning on Page 15) in conformance with the format and content requirements set forth herein, and the required documents as indicated in Administrative and Mandatory Minimum Requirements (Exhibit 1: Page 24). All responses to the IFB may be subject to accuracy verifications. All documents must be complete, and signed by an authorized representative where applicable.

2. Administrative Requirements:

a. Non-Collusive Bidding Certification (Exhibit 2: Pages 25-26)

b. MacBride Fair Employment Principles (Exhibit 3: Page 27)

c. Vendor Responsibility Questionnaire (Exhibit 4: Pages 28-38)

d. Worker’s Compensation Requirements Under WCL Section 57 (Exhibit 5:

Pages 39-40)

e. Offerer’s Certification of Compliance with State Finance Law §139-k(5)

(Exhibit 6: Page 41)

f. Offerer’s Disclosure of Prior Non-Responsibility Determinations (Exhibit 7:

Pages 42-43)

g. Offerer’s Affirmation of Understanding of and Agreement Pursuant to

State Finance Law §139-j (3) and §139-j (6) (b) (Exhibit 8: Page 44)

h. Certification Under Executive Order No. 16 Prohibiting State Agencies and

Authorities from Contracting with Businesses Conducting Business in Russia (Exhibit 9; Page 45-46)

i. Executive Order 177 (Exhibit 10, Page 47)

3. Mandatory Minimum Requirements:

a. A bidder must affirm that it is able to comply with and will abide by the delivery or performance of all mandatory requirements listed in Section II.

b. Exhibit 1 (Page 24) is attached for your convenience to address this requirement.

c. Failure to provide a statement agreeing to all administrative and mandatory requirements above may result in the disqualification of your bid. Please direct any questions on these requirements to the issuing officer named in this bid.

4. Financial Response:

a. Please complete the enclosed bid response form and submit as directed in Section VI, General Conditions and Contract Requirements.

IV. Evaluation Process

1. After the bid opening, proposals will be evaluated for completeness and conformance with Agency requirements for bid submission as specified in Section II and III of this IFB. Any proposal may be denied further consideration if it does not meet those requirements.

2. In the event a proposal is incomplete, the Agency reserves the right to request clarifying information as necessary to fully evaluate any proposal. Failure to provide requested information or documents shall result in a rejected proposal.

V. Method Of Award

1. Bids will be evaluated on the basis of a “Best Value Solicitation”, however, as qualifications are being reviewed on a pass-fail basis best value can be equated to “Low Price.”

2. In the event of tie where two or more bidders both meet the minimum requirements and bid the same dollar amount, the Deputy Director for Planning shall make the final award determination.

VI. General Conditions and Contract Requirements

1. Timetable:

a. Issuance of IFB: 9/28/2026

b. Responses due: 10/26/2026, no later than 3:00 PM

c. Notification of Intent to Award: on or about 11/09/2026

2. Sealed bids will be received by the Agency for services specified herein under the terms and conditions of this proposal. Each bid should be submitted in an envelope which is clearly marked as a “Sealed bid/proposal, NYS APA C2027-

01” NO BID WILL BE CONSIDERED IF RECEIVED AFTER 3:00PM ON

10/26/2026. The Agency assumes no responsibility for delivery delays and will not consider proposals arriving after this date and time. During the evaluation process, the content of each bid will be held in confidence and details of any bid will not be revealed (except as may be required under the Freedom of Information Law or other state law). Bidders shall specifically identify those portions of their bid deemed to be confidential, proprietary information or trade secrets and provide any justifications why such materials, upon request, should not be disclosed.

3. Issuing Officer and Designated Contacts

a. Issuing Officer

Proposals must be submitted to the address below to be considered eligible for the bidding process. All other proposals will be rejected.

Angela Bates NYS Adirondack Park Agency PO Box 99, 1133 NYS Route 86 Ray Brook, New York 12977

b. Designated Contact

In compliance with the Procurement Lobbying Law, Robyn Burgess, Principal Adirondack Park Local Planning Assistance Specialist, has been designated as the primary contact for this solicitation and may be reached by email LocalGovernment@apa.ny.gov. If the primary designated contact is not available, the secondary contact for this solicitation is Angela Bates, Executive Assistant, Angela.Bates@apa.ny.gov. All inquiries concerning this IFB must be directed via e-mail to Robyn Burgess, Adirondack Planning Forum Contact at: LocalGovernment@apa.ny.gov. Questions submitted after the deadline may not be answered. Official answers to all substantive questions received will be made available to all prospective bidders on the Agency’s website at https://www.apa.ny.gov/planning/adirondack-planning-forum.html. There will be no bidder’s conference held for this IFB. Pursuant to Section 163(9) (c) of the State Finance Law, any non-awarded bidder may request a debriefing regarding the reasons that the proposal submitted by the bidder was not selected for award. Requests for a debriefing must be made within fifteen (15) calendar days of written notification by the Agency that the proposal submitted by the bidder was not selected for award. Requests for a debrief must be submitted to the designated contacts for this IFB.

mailto:LocalGovernment@apa.ny.gov?subject=APF%202027 mailto:LocalGovernment@apa.ny.gov?subject=APF%202027 https://www.apa.ny.gov/planning/adirondack-planning-forum.html

4. Non-Collusive Bidding (Exhibit 1)

a. Each bidder shall submit, as part of the proposal, a completed copy of the Non-Collusive Bidding Certification.

i. This will certify that, to the best of the bidder's knowledge and belief: The prices in the bid have been arrived at independently, without collusion, consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices, with any other bidder or with any competitor;

ii. Unless otherwise required by law, the prices which have been quoted in the bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder, directly or indirectly, to any other bidder or to any competitor prior to completion of the selection process; and

iii. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.

iv. A bid shall not be considered for award, nor shall any award be made where the above conditions have not been complied with;

provided, however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons, therefore. Where the above conditions have not been complied with, the bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the State, public department or agency to which the bid is made, or his designee, determine that such disclosure was not made for the purpose of restricting competition. (Section 139-d of the State Finance Law).

v. The fact that a bidder has published price lists, rates, or tariffs covering items or services being procured, has informed prospective customers of proposed or pending publication of new or revised price lists for such items, or has sold the same items to other customers at the same prices being bid, does not constitute a disclosure within the meaning stated above.

5. IFB Documents

a. The Agency will make no allowance or concession to a bidder for any alleged misunderstanding or deception because of quantity, character or other conditions.

b. The bid price is to cover the cost of furnishing all of the services specified in the bid specifications to the satisfaction of the Agency and the performance of all work set forth in specifications.

6. Bid Proposal Effective Period

a. The bidder's proposal must be in effect for 300 days following the final date for submission of bid.

7. Term

a. The term of the Adirondack Planning Forum is for two (2) consecutive days, May 12, 2027 to May 13, 2027. The Agency reserves the right to revise these dates prior to the start of the term, with the approval of the selected bidder.

8. Save Harmless Clause

a. The selected bidder agrees and stipulates that it will assume all risks of liability in the performance of services to be provided under this proposal and that it will be solely responsible and liable for damages resulting from all accidents and injuries to person(s) or property. The selected bidder agrees to indemnify, keep and hold harmless the State of New York, its officers and employees for any and all claims for injury or damage to persons or property, arising out of the service to be performed under this proposal, including negligence, active or passive, or wrongful or improper conduct of the selected bidder, its agents or employees.

9. Reserved Rights

a. The Agency reserves the right to:

i. Reject any or all proposals received in response to this IFB and to reissue a modified version of this IFB.

ii. Withdraw the IFB, at any time, at the Agency’s sole discretion.

iii. Amend IFB specifications to correct errors or oversights, or to supply additional information as it becomes available.

iv. Direct the bidder to submit proposal modifications addressing subsequent IFB amendments issued as per #2 above.

v. Make typographical corrections to proposals, with the concurrence of the bidder.

vi. Correct computational errors with the written concurrence of the bidder.

vii. Change any of the scheduled times and dates stated herein.

viii. Eliminate any mandatory specification that cannot be complied with by any of the prospective bidders.

ix. Seek clarification and revisions of bids.

x. Not to make any award pursuant to this IFB. This IFB does not commit the Agency to make any award, to pay the costs incurred in the preparation of a response to this IFB, or to procure, or contract for service.

xi. Request additional information as deemed necessary to more fully evaluate a proposal.

xii. If unsuccessful in negotiating an agreement with the selected bidder within an acceptable time frame, the Agency may begin negotiations with the next ranked qualified bidder in order to serve and realize the best interests of the State.

xiii. Negotiate with the bidders within the scope of the IFB in the best interests of the State. The Agency will negotiate the agreement for services in fulfillment of the needs of this IFB on the basis of demonstrated competence and qualifications. Agreement negotiations may include, but are not limited to, the selected bidders price proposal to ensure work is accomplished at fair and reasonable rates.

10. MacBride Fair Employment Principles

a. The bidder is required to complete, Exhibit 3, MacBride Fair Employment Principles Form, as part of its bid submission. (State Finance Law Section 165.5)

11. Compliance with Workers Compensation Law

a. The selected bidder agrees to provide proof of compliance with workers’ compensation law requirements. (Workers Compensation Law Section 57 and 220.8) Acceptable means of documenting compliance are summarized in Exhibit 5.

12. Tax Department Registration

a. For bids that result in contracts over $100,000, the selected bidder agrees to complete New York State Department of Taxation and Finance form ST-220 regarding collection and remittance of sales and use taxes. (NYS Tax Law Section 5a).

13. Mandatory Contract Provisions

a. The bidder will read Appendix A (Standard Clauses for New York State Contracts, dated June 2023), which will be incorporated as part of the contract without revision. A copy is attached for your convenience.

i. All outstanding tax liabilities, if any, against the bidder in favor of the State of New York must be satisfied prior to contract execution or a payment schedule for their speedy satisfaction.

ii. The bidder must maintain adequate records as prescribed by the Agency to substantiate all claims for payment and must make those records available in New York State for examination and copying.

iii. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that the bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of section two hundred one-g of the Labor Law.

iv. The first step of dispute resolution will be through Conference between the Agency and the Contractor. Unresolved disputes will be decided by the Commissioner of Criminal Justice Services, or her designee, before either party pursues any legal remedy. If the Contractor pursues any legal or equitable remedy outside the Agency, the Contractor will continue to perform work in accordance with the direction of the Agency until such proceedings may be concluded and will continue to be paid, less an amount attributable to the disputed work.

1) Contract disputes that go to litigation must be pursued in a court of competent jurisdiction of the State of New York. New York law will govern the dispute and venue must be laid in Albany County, New York.

2) The contract will not be effective until it is approved by the Office of the State Comptroller.

3) The provisions of this IFB and of all attachments, and the Contractor's Response, will be made a part of the contract, as though separately and fully stated therein.

4) Article XI-A of the State Finance law ("prompt payment" legislation) regulates the procedures for making contract payments.

5) The laws of the State of New York shall be the law which shall govern the interpretation or application of any of the terms or conditions of this proposal or subsequent contract.

6) The contract may be terminated by the Agency by serving a written notice of termination upon the Contractor no later than forty-five (45) days before the conference.

14. Protest Procedures

a. In the event unsuccessful proposers wish to protest the award resulting from this IFB, proposers should follow the protest procedures established by the Office of the State Comptroller (OSC). These procedures can be found in Chapter XI Section 17 of the Guide to Financial Operations (GFO).

Available on-line at: www.osc.state.ny.us/agencies/guide/MyWebHelp/

15. Cancellation of Contract by State Pursuant to State Finance Law 139-a, any and all contracts made with the state or any public department, agency or official thereof, by such person, and by any firm, partnership or corporation of which he is a member, partner, director or officer may be cancelled or terminated by the state without incurring any penalty or damages on account of such cancellation or termination, but any monies owing by the state for goods delivered or work done prior to the cancellation or termination shall be paid under the following grounds:

a. upon the refusal by a person, when called before a grand jury, head of a state department, temporary state commission or other state agency, or the organized crime task force in the department of law, which is empowered to compel the attendance of witnesses and examine them under oath, to testify in an investigation, concerning any transaction or contract had with the state, any political subdivision thereof, a public authority or with any public department, agency or official of the state or of any political subdivision thereof or of a public authority, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract; or

b. upon the conviction of any person of a crime defined in article two hundred or four hundred ninety-six or section 195.20 of the penal law.

Such person, and any firm, partnership or corporation of which he is a member, partner, director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with the state or any public department, agency or official thereof, for goods, work or services, for a period of five years after such refusal, a period of five years upon a conviction of a misdemeanor defined in article two hundred or article four hundred ninety-six or an attempt to commit a violation of section 195.20 of the penal law, provided that in the event such conviction is the result of a plea agreement resulting in a plea to such charge in lieu of a plea or conviction of a felony defined in section 195.20, article two hundred or article four hundred ninety-six of the penal law, all parties to such agreement may agree that the period of such bar may be for a period of up to ten years from the date of conviction, or upon conviction of a felony www.osc.state.ny.us/agencies/guide/MyWebHelp/ defined in article two hundred or four hundred ninety-six or section 195.20 of the penal law, for life, any convicted firm, partnership or corporation is disqualified for its existence.

# NYSAPA/C2027-01

BID RESPONSE FORM

In accordance with the above-numbered Invitation for Bid and the attachments thereto, the undersigned bids as follows:

The Vendor will provide a cost per attendee to attend the conference and the cost for an individual exhibitor lunch. The cost will include all meeting rooms, facilities and equipment;

lunch and refreshment breaks; 30 complimentary conference passes for guests and presenters; and all elements contained in the Invitation for Bids # NYSAPA: C2027-01; except where noted. In addition, the Vendor will provide the lodging room cost for attendees of the conference. The attendee and exhibitor conference fees will be made payable to the Vendor.

I. Conference Attendees Pre-Registration Fee: Registration with payment or voucher received on or before 4/28/2027. Add $5 to be set aside in a reserve account for the Agency’s use for ancillary Day One expenses.

Late-Registration Fee: Pre-Registration Fee (including $5 reserve) + additional $35 charge for registration received after 4/28/2027.

Pre-Registration Fee: $ Per attendee

+ $5

Total Pre-Registration Fee: $ Per attendee

+ $35 Late fee Total Late-Registration

Fee $ Per attendee

II. Exhibitor Space and Lunch

Exhibitor Space fee: $300 fixed rate. (Includes up to two lunches with the remaining amount to be set aside in a reserve account for the Agency’s use for the Evening Welcome Reception.)

Fee for individual to purchase lunch $__________

III. Lodging - at GSA Rate or less:

Although the lodging rate is not included in the conference fee, it does affect the affordability of the conference for attendees and is posted in the registration material.

Single Occupancy Room $ _____________

IV.

Firm Name Authorized Signature

Street Address Printed Name

City Official Title

State Zip Federal ID #

Vendor Phone # Date

APPENDIX A

STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS

PLEASE RETAIN THIS DOCUMENT

FOR FUTURE REFERENCE.

June 2023

TABLE OF CONTENTS

1. Executory Clause

2. Non-Assignment Clause

3. Comptroller’s Approval

4. Workers’ Compensation Benefits

5. Non-Discrimination Requirements

6. Wage and Hours Provisions

7. Non-Collusive Bidding Certification

8. International Boycott Prohibition

9. Set-Off Rights

10. Records

11. Identifying Information and Privacy Notification

12. Equal Employment Opportunities For Minorities and Women

13. Conflicting Terms

14. Governing Law

15. Late Payment

16. No Arbitration

17. Service of Process

18. Prohibition on Purchase of Tropical Hardwoods

19. MacBride Fair Employment Principles

20. Omnibus Procurement Act of 1992

21. Reciprocity and Sanctions Provisions

22. Compliance with Breach Notification and Data Security Laws

23. Compliance with Consultant Disclosure Law

24. Procurement Lobbying

25. Certification of Registration to Collect Sales and Compensating Use Tax by Certain State Contractors, Affiliates and Subcontractors

26. Iran Divestment Act

27. Admissibility of Contract

STANDARD CLAUSES FOR NYS CONTRACTS

The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, “the contract” or “this contract”) agree to be bound by the following clauses which are hereby made a part of the contract (the word “Contractor” herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party):

1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appro-priated and available for this contract.

2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the State’s previous written consent, and attempts to do so are null and void. Notwithstanding the foregoing, such prior written consent of an assignment of a contract let pursuant to Article XI of the State Finance Law may be waived at the discretion of the contracting agency and with the concurrence of the State Comptroller where the original contract was subject to the State Comptroller’s approval, where the assignment is due to a reorganization, merger or consolidation of the Contractor’s business entity or enterprise. The State retains its right to approve an assignment and to require that any Contractor demonstrate its responsibility to do business with the State. The Contractor may, however, assign its right to receive payments without the State’s prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law.

3. COMPTROLLER’S APPROVAL. In accordance with Section 112 of the State Finance Law, if this contract exceeds $50,000 (or $75,000 for State University of New York or City University of New York contracts for goods, services, construction and printing, and $150,000 for State University Health Care Facilities) or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $25,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. Comptroller’s approval of contracts let by the Office of General Services, either for itself or its customer agencies by the Office of General Services Business Services Center, is required when such contracts exceed $85,000. Comptroller’s approval of contracts established as centralized contracts through the Office of General Services is required when such contracts exceed $125,000, and when a purchase order or other procurement transaction issued under such centralized contract exceeds $200,000.

4. WORKERS’ COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers’ Compensation Law.

5. NON-DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment, nor subject any individual to harassment, because of age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or domestic violence victim status or because the individual has opposed any practices forbidden under the Human Rights Law or has filed a complaint, testified, or assisted in any proceeding under the Human Rights Law. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation.

6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor’s employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. Additionally, effective April 28, 2008, if this is a public work contract covered by Article 8 of the Labor Law, the Contractor understands and agrees that the filing of payrolls in a manner consistent with Subdivision 3-a of Section 220 of the Labor Law shall be a condition precedent to payment by the State of any State approved sums due and owing for work done upon the project.

7. NON-COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139-d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non-collusive bidding certification on Contractor’s behalf.

8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract’s execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2 NYCRR § 105.4).

9. SET-OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State’s option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller.

10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, the “Records”). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the “Statute”) provided that:

(i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State’s right to discovery in any pending or future litigation.

11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION. (a) Identification Number(s). Every invoice or New York State Claim for Payment submitted to a New York State agency by a payee, for payment for the sale of goods or services or for transactions (e.g., leases, easements, licenses, etc.) related to real or personal property must include the payee’s identification number. The number is any or all of the following: (i) the payee’s Federal employer identification number, (ii) the payee’s Federal social security number, and/or (iii) the payee’s Vendor Identification Number assigned by the Statewide Financial System. Failure to include such number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or Claim for Payment, must give the reason or reasons why the payee does not have such number or numbers.

(b) Privacy Notification. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and

Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in the Statewide Financial System by the Vendor Management Unit within the Bureau of State Expenditures, Office of the State Comptroller, 110 State Street, Albany, New York 12236.

12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In accordance with Section 312 of the Executive Law and 5 NYCRR Part 143, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then the following shall apply and by signing this agreement the Contractor certifies and affirms that it is Contractor’s equal employment opportunity policy that:

(a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on State contracts and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation;

(b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor’s obligations herein; and

(c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status.

Contractor will include the provisions of “(a), (b) and (c)” above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the “Work”) except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this clause.