Asset Valuation & Sponsorship Consultant RFP-Final.pdf

Request for Proposals Asset Valuation and Sponsorship Consultant

Issued: July 13, 2026

IMPORTANT NOTICE: A restricted period under the Procurement Lobbying Law is currently in effect for this Procurement and it will remain in effect until approval of the Contract. Anyone considering responding to this RFP (hereinafter, “Respondent” or “Respondents”) is prohibited from contact related to this procurement with any New York State employee other than the designated contacts listed below.

Designated Contacts for this Procurement:

Primary Contact: Jordan Kaplan Secondary Contact: Julia Borukhov

All contacts/inquiries shall be made by email to the following address:

SponsorshipConsultantRFP@esd.ny.gov

Proposals must be sent to the designated Dropbox:

https://www.dropbox.com/request/aqnq5vxpjy1x92mqmp94

This RFP is posted on the Empire State Development website:

https://esd.ny.gov/doing-business-ny/requests-proposals

Submission Deadline: 2:00 PM ET on August 20, 2026

Proposals deemed to have arrived late will not be accepted

SponsorshipConsultantRFP@esd.ny.gov https://www.dropbox.com/request/aqnq5vxpjy1x92mqmp94 https://esd.ny.gov/doing-business-ny/requests-proposals

Contents

I. INTRODUCTION

II. OVERVIEW

III. MWBE & SDVOB SUBCONTRACTOR INTEREST

IV. SCOPE OF WORK

V. SCHEDULE OF DATES

VI. SELECTION CRITERIA

VII. SUBMISSION OF PROPOSALS

i. Technical Proposal

ii. Administrative Proposal

iii. Submission of a Complete Two-Part Proposal

VIII. QUESTIONS

IX. GENERAL PROVISIONS

X. CONTRACTUAL REQUIREMENTS

i. Non-Collusive Bidding Certification

ii. Conflicts of Interest

iii. State Finance Law Sections 139-j and 139-k forms

iv. Vendor Responsibility Questionnaire

v. Iran Divestment Act

vi. Executive Order 16

vii. Executive Order 177

viii. Compliance with State Finance Law Section 139-m

ix. Non-Discrimination and Contractor & Supplier Diversity Requirements

CONTRACTOR REQUIREMENTS AND PROCEDURES FOR PARTICIPATION BY NEW YORK STATE-

CERTIFIED MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES AND EQUAL EMPLOYMENT

OPPORTUNITIES FOR MINORITY GROUP MEMBERS AND WOMEN

x. Encouraging the Use of NYS Businesses in Contract Performance Form

xii. Schedule A

xiii. Project Sunlight

xiv. Insurance Requirements

xv. W-9 Form

XI. DEBRIEFING OF UNSUCCESSFUL RESPONDENTS

APPENDICES

Appendix A ESD IT Security Standard Brief Appendix B Diversity Practices Questionnaire

I. INTRODUCTION

The mission of the New York State Urban Development Corporation d/b/a Empire State Development (“ESD”) is to promote a vigorous and growing state economy, encourage business investment and job creation, and support diverse, prosperous local economies across New York State through the efficient use of loans, grants, tax credits, real estate development, marketing, and other forms of assistance.

II. OVERVIEW

The Erie Canal Harbor Development Corporation (“ECHDC”), a subsidiary of ESD, is seeking proposals from qualified sponsorship consultants to develop and secure long term Naming Right Agreement for State owned facilities. Each facility would have a separate Agreement. The primary locations would include the current public event space titled Terminal B, the proposed Cruise Terminal at the Buffalo Outer Harbor, and the Niagara Falls Convention Center (NFCC).

Each party that submits a response (“Proposal”) to this Request for Proposal (“RFP”) is referred to herein as a “Respondent,” and the Respondent that is conditionally designated through this RFP process is referred to herein as the “Sponsor.” Hereinafter, all references in this RFP to “ESD”, “ECHDC” or “the Corporation” shall be defined as both Empire State Development, and its subsidiary, Erie Canal Harbor Development Corporation.

TERMINAL B. The Terminal B venue is owned by ECHDC and operated by the current public space manager Be Our Guest. Terminal B opened in 2024 on a nine acres site that was previously inaccessible to the public. The project modified an existing 100,000 square foot warehouse structure to include a performance stage, green room for performers, a sloped lawn, landscape restoration, and an overlook deck facing Lake Erie. The venue is located just outside of the downtown district, within the Buffalo Outer Harbor. The venue operates between May 1 and October 30 based on the scheduling of events from year to year.

Terminal B, with a 6,000 guest capacity, has held approximately 16 concerts per year, featuring national musical artists. It has included sell out performances by Chappell Roan and Megan Maroney. The event center holds multiple charitable walks/runs as it provides an enclosed 5k course that does not require any street closures. The stage venue is a perfect location for the event starting location and vendor booths. The location is also utilized by local community groups.

Terminal B has become the recent home of the annual “Music is Art” Festival in Buffalo. Founded by Robby Takac of the Goo Goo Dolls in 2003, this event brings nearly 50 vendors providing a wide range of art performances. For the second year in a row, the national “Tacos, Tequilla and Throwbacks” event will be returning to Terminal B. There has been an increase from national promoters in how the Terminal B event center could support various events. Our public space operator has also utilized Terminal B for weekday movie nights, yoga classes, and worked with the Buffalo Philharmonic Orchestra on a summer concert series.

BUFFALO CRUISE TERMINAL. This is a new venture started by ECHDC to provide a docking area for the growing Great Lakes Cruise Industry. There are currently ten ships that navigate the Great Lakes, visiting both American and Canadian cities. Buffalo is situated perfectly on the eastern end of Lake Erie to be a port-of-call for itineraries traveling from Toronto to Milwaukee, and could also be a home port for cruise lines focused on only American ports or starting a trip east toward Montreal. ECHDC has already secured two cruise lines to dock in Buffalo for the coming years, with other cruise lines expressing interest beyond 2028. The cruise terminal will start construction in 2026 and be fully operational in 2028.

NIAGARA FALLS CONVENTION CENTER (NFCC). The Niagara Falls Convention Center is owned by USAN and operated by Destination Niagara, Niagara County’s Destination Marketing Organization.

Opened in, NFCC is fully certified by the International Association of Conference Centers (IACC). It was awarded first place in a 2007 design competition for adaptive reuse sponsored by the Western New York chapter of the American Institute of Architects. Located at 101 Old Falls Street, in the heart of Downtown Niagara Falls and just steps from the iconic natural wonder, NFCC is a 116,000 square-feet convention facility. NFCC features a 32,000 square-foot event/exhibit hall with capacity for up to 4,000 persons, a 10,500 square-foot ballroom; a 5,000 square-foot dining room; a full-service learning center that includes 15 conference/meeting rooms; a large landscaped outdoor veranda along Old Falls Street; and a 5,000-square-foot, fully appointed kitchen facility.

Each year NFCC hosts over 100 events, including but not limited to state-wide conventions, consumer shows, banquets, trade shows, corporate meetings/retreats, and athletic/dance competitions.

OLD FALLS STREET (OFS). Encompassing three city blocks, Old Falls Street extends from Prospect Street to Third Street in downtown Niagara Falls. OFS sees thousands of visitors daily during the peak tourist season. Like NFCC, OFS is operated by Destination Niagara and hosts over 100 unique events; including street festivals, a Friday night concert series, ten “Saturdays on the Street”-geared toward family friendly entertainment /activities, and special events; Summer Kick-Off Carnival, Niagara Falls Blues & Bourbon Festival, Oktoberfest, and special holiday events.

Other items for sponsorship consideration are the First Buffalo River Marina, Canalside Ferry, Canalside Shuttle, Outer Harbor Shuttle and Grain Elevator Light Show.

III. MWBE & SDVOB SUBCONTRACTOR INTEREST

New York State certified Minority- and Women-Owned Businesses (“MWBEs”) and Service- Disabled Veteran-Owned Businesses (“SDVOBs”) may request that their firm’s contact information be included on a list of MWBE and SDVOB firms interested in serving as a subcontractor for this procurement. The listing will be publicly posted on the Contract Reporter and ESD’s website for reference by potential Respondents. A firm requesting inclusion on this list should send contact information and a copy of its NYS MWBE or SDVOB certification to SponsorshipConsultantRFP@esd.ny.gov.

Nothing prohibits an MWBE or SDVOB vendor from proposing as a prime contractor.

IV. SCOPE OF WORK

The purpose of this RFP is to identify a consulting partner with extensive expertise in sponsorship strategy development and asset evaluation. The selected Respondent will work with ECHDC and USAN in establishing marketing collateral of various State owned sites to assist in the naming rights and sponsorship sales development process. They will provide the following services:

1. Sponsorship Asset Valuation

a. Comprehensive Asset Inventory – Audit and value the existing and potential ECHDC and USAN sponsorship assets for their Return on Investment (ROI) and Return on Objectives (ROO) opportunities.

b. Valuation Methodology – Develop a competitive, fair market valuation methodology that will enable ECHDC and USAN to achieve long-term sponsorships for each identified asset.

c. Audience and Media Outreach – Analyze the audience and media impressions that shows how the sponsorship would benefit the Owner and the Sponsor.

d. Review all current advertising and sponsorship agreements to determine conflicts with the new potential sponsorships.

2. Deliverables

a. Asset Valuation Report - Detailed analysis with market comparables and pricing recommendations

i. Include types of business fields that would align with the asset as a sponsor.

ii. Best practices for maximizing sponsor value.

iii. Recommended sponsor engagement strategies.

iv. Quantitative analysis providing a list of sponsorship benefits. Ie media exposure, signage, etc.

v. Qualitative assessment of naming rights and sponsorship value.

mailto:SponsorshipConsultantRFP@esd.ny.gov

vi. Potential sponsorship earnings based on sponsorship agreements for similar assets, either in New York or other US States.

b. Financial Projections Model - Multi-year revenue forecast with scenario planning

c. Develop presentation materials that would be utilized for initial sponsor outreach and follow-up meetings.

d. Work with Owner Legal counsel to develop a Sponsorship Agreement that could be presented to potential sponsors.

3. Outreach and Negotiations

a. Identify potential sponsors for each individual asset.

b. Lead negotiations with the potential sponsor based on terms established in the

Sponsorship Agreement.

c. Sponsorship and Naming Rights shall be no less than ten (10) year terms.

Businesses associated with tobacco projects, vapes, cannabis, and alcoholic products will not be considered for sponsorships.

V. SCHEDULE OF DATES

It is anticipated that a contract will be awarded in response to this RFP based on the following schedule:

Release of RFP July 13, 2026

Deadline for Submission of Questions July 27, 2026

Deadline for ESD to Respond to Questions August 3, 2025

Pre-Submission meeting (if applicable) N/A

Submission of Proposals (date and time) August 20, 2026, at 2:00pm ET

Interviews (if necessary) TBD

Announcement of Successful Respondent On or about September 14, 2026

Anticipated Contract Start Date On or about October 12, 2026

Please note, the Corporation reserves the right to change any of the dates stated in this RFP.

VI. SELECTION CRITERIA

ECHDC shall establish a selection committee to evaluate Proposals. When reviewing Proposals, the selection committee will consider the following criteria and assign point values to each Proposal based on their evaluation. The maximum number of points any Proposal may receive is 100.

• Firm Experience and Qualifications (25 Points)

• Staff Experience and Qualifications (20 Points)

• Development Plan and Approach (25 Points)

• Estimated Cost (25 Points)

• Diversity Practices (5 Points)

VII. SUBMISSION OF PROPOSALS

Every Respondent should submit a proposal which clearly and concisely provides all of the information requested. Emphasis should be concentrated on conformance to the RFP instructions and requirements, as well as completeness and clarity in its proposal response. The Respondent is advised to thoroughly read and follow all instructions contained in this RFP. Proposals that do not comply with these instructions or do not meet the full intent of all the requirements of this RFP may be subject to scoring reductions during the evaluation process or may be deemed non-responsive.

i. Technical Proposal Below is a listing of the technical information to be provided by the Respondent. No information is required beyond what is specifically requested. The Corporation requests that all Technical Proposals be organized with bookmarks identified to match the specific information requested below:

A. Cover Page B. Table of Contents C. Firm Experience and Qualifications D. Staff Experience and Qualifications E. Development Plan and Approach F. Estimated Cost G. Diversity Practices Questionnaire

The purpose of the Technical Proposal is to provide Bidders with an opportunity to demonstrate their qualifications, competence, and capacity to undertake the engagement described herein, in a manner which complies with applicable laws and regulations, and the requirements of the RFP.

A. Cover Page

The Cover page should include Respondent’s contact information.

B. Table of Contents

The Table of Contents should clearly identify the location of all material within the proposal by section and page number.

C. Firm Experience and Qualifications

In this section of the Technical Proposal, Bidders should demonstrate relevant experience based on Section III Scope of work by providing the following:

a. At least five (5) years’ experience dealing with asset valuation and sponsorship outreach on behalf of the Owner.

b. Experience with State and local municipalities.

Information provided by references may be used by the Corporation for proposal evaluation purposes. The Corporation may seek additional information from references regarding subjects that include, but are not limited to, the quality of services provided, anticipated ability to perform the services required in this RFP, and the responsiveness of the Bidder to the client during the engagement. The Corporation reserves the right to deploy, at its sole discretion, a variety of methods and communication approaches to contact references, depending on what the Corporation deems to be the most effective and efficient manner.

D. Staff Experience and Qualifications

In this section of the Technical Proposal, Bidders should demonstrate that the staff proposed have the knowledge and ability to perform the services described in this RFP.

a. Consultant team and staff to undertake the valuation and sponsorship outreach requirements should have some experience with the scope of work, specifically working with state agencies.

b. Identify project leader to be point person to ECHDC with minimum of 5 years of leading projects that require various agency compliance.

c. Experience working collaboratively with the proposed consultant team.

Information provided by references may be used for proposal evaluation purposes. The Corporation may seek additional information from references regarding subjects that include, but are not limited to, the quality of services provided, anticipated ability to perform the services required in this RFP, and the responsiveness of the Bidder to the client during the engagement.

E. Development Plan and Approach

In this section of the Technical Proposal, Bidders should demonstrate their competence and capacity to undertake the services described in this RFP by providing the following:

a. Description of how the proposed consultant team will address the scope of work identified in this RFP.

b. Include descriptions of team members involvement in each task outlined, and note any personnel transitions due to change in task.

c. Address the time durations associated with the Tasks.

F. Estimated Cost

a. Provide Fee proposal that covers the time required to handle the Scope of Work outlined in the RFP, including the execution of sponsorship agreements for the three highlighted properties.

b. Provide estimated hours your company will work on this project per the scope of work.

c. Provide hourly rates for each staff member working on this project.

G. Diversity Practices Questionnaire

ESD’s Office of Contractor and Supplier Diversity will score each application for Diversity Practices using the attached Diversity Practices Questionnaire (Appendix B). Up to 5 points will be awarded based upon the contents of the Diversity Practices Questionnaire submitted by each Respondent to the RFP.

ii. Administrative Proposal Schedule A of this RFP states standard requirements that must be included in every contract entered into with the Corporation. The successful Respondent must agree to abide by these requirements and provide any information requested by the Corporation in connection with these requirements. Accordingly, Respondents should complete and submit the items listed below, in the order in which they are listed. Failure to submit any of the requirements below may result in the rejection of a Respondent’s proposal.

i. Non-Collusive Bidding Certification (https://esd.ny.gov/sites/default/files/media/document/NonCollusiveBiddingCertification6 -13-25.pdf)

ii. Conflict of Interest Attestation (https://esd.ny.gov/sites/default/files/Conflict-of-Interest-Attestation-June-2019.pdf)

iii. State Finance Law §§139-j and 139-k forms (https://esd.ny.gov/sites/default/files/media/document/SF-Law139-JK-2025.pdf)

iv. Vendor Responsibility Questionnaire (https://www.osc.ny.gov/state-vendors/vendrep/file-your-vendor-responsibility-questionnaire?redirect=legacy)

v. Iran Divestment Act Statement (https://esd.ny.gov/sites/default/files/media/document/IranDivestmentActLanguage0522 25.pdf)

vi. Executive Order 16 Certification (https://esd.ny.gov/sites/default/files/EO16-certification.pdf)

vii. Executive Order 177 Certification (https://esd.ny.gov/sites/default/files/EO-177-Certification.pdf)

viii. Compliance with State Finance Law §§139-m forms (https://esd.ny.gov/sites/default/files/media/document/GBVandtheWorkplacePolicyAttest ationTemplate-103125.pdf)

ix. Non-Discrimination and Contractor & Supplier Diversity Requirements o OCSD-1 - MWBE and SDVOB Participation / EEO Policy Statement

(https://esd.ny.gov/sites/default/files/OCSD-1-Policy-Statement.pdf) o OCSD-2 - Staffing Plan (https://esd.ny.gov/sites/default/files/media/document/OCSD-

2-Staffing-Plan-May%202026.xlsx)

x. OCSD-4 - MWBE and SDVOB Utilization Plan (https://esd.ny.gov/sites/default/files/OCSD-

4%20Utilization%20Plan.pdf)Encouraging the Use of NYS Businesses in Contract https://esd.ny.gov/sites/default/files/media/document/NonCollusiveBiddingCertification6-13-25.pdf https://esd.ny.gov/sites/default/files/media/document/NonCollusiveBiddingCertification6-13-25.pdf https://esd.ny.gov/sites/default/files/Conflict-of-Interest-Attestation-June-2019.pdf https://esd.ny.gov/CorporateInformation/Data/RFPs/RequiredForms/SF_Law139_JK.pdf https://esd.ny.gov/sites/default/files/media/document/SF-Law139-JK-2025.pdf file://///empire.internal/dfs/Share-NYC/PROCUREMENT/Review%20of%20Templates%20&%20Forms/2025%20revisions/RFP%20Template/drafts/Vendor%20Responsibility%20Questionnaire https://www.osc.ny.gov/state-vendors/vendrep/file-your-vendor-responsibility-questionnaire?redirect=legacy https://www.osc.ny.gov/state-vendors/vendrep/file-your-vendor-responsibility-questionnaire?redirect=legacy https://esd.ny.gov/sites/default/files/media/document/IranDivestmentActLanguage052225.pdf https://esd.ny.gov/sites/default/files/media/document/IranDivestmentActLanguage052225.pdf https://esd.ny.gov/sites/default/files/EO16-certification.pdf https://esd.ny.gov/sites/default/files/EO-177-Certification.pdf https://esd.ny.gov/sites/default/files/media/document/GBVandtheWorkplacePolicyAttestationTemplate-103125.pdf https://esd.ny.gov/sites/default/files/media/document/GBVandtheWorkplacePolicyAttestationTemplate-103125.pdf https://esd.ny.gov/sites/default/files/OCSD-1-Policy-Statement.pdf https://esd.ny.gov/sites/default/files/media/document/OCSD-2-Staffing-Plan-May%202026.xlsx https://esd.ny.gov/sites/default/files/media/document/OCSD-2-Staffing-Plan-May%202026.xlsx https://esd.ny.gov/sites/default/files/OCSD-4%20Utilization%20Plan.pdf https://esd.ny.gov/sites/default/files/OCSD-4%20Utilization%20Plan.pdf http://www.esd.ny.gov/CorporateInformation/Data/ENCOURAGINGUSEOFNEWYORKSTATEBUSINESSESINCONTRACTPERFORMANCE.pdf

Performance Form (https://esd.ny.gov/sites/default/files/media/document/USEOFNYSBUSINESSES-2025.pdf)

xi. Certification under State Tax Law Section 5-a, Form ST-220-CA (https://esd.ny.gov/sites/default/files/ST220CA.pdf) or Affidavit (https://esd.ny.gov/sites/default/files/media/document/STL5A-Affidavit-2025.pdf)

xii. W-9 Form (https://www.irs.gov/pub/irs-pdf/fw9.pdf)

Additional information about these items, and ESD’s procurement requirements, can be found in Section X of this RFP (“Contractual Requirements”).

iii. Submission of a Complete Two-Part Proposal By submitting a proposal, firms are indicating their acceptance of the conditions in this RFP.

Submission of proposals in a manner other than as described in these instructions (e.g., facsimile, hardcopies, emails) will not be accepted. When submitting each proposal, Respondents must follow the instructions below:

1. Create a main folder using the following naming convention: “company name – RFP title – date of Submission”

a. example: ABDX, Inc. – Asset Valuation & Sponsorship Consultant RFP – 8.20.2026

2. Included within the main folder should be two subfolders: one for the Administrative Proposal and one for the Technical Proposal.

3. All documents in these folders should be clearly labeled.

4. Upload the main folder to the Dropbox as follows:

a. Click the following link:

b. Choose the following option: Add Files > Folders from computer.

Proposals deemed to arrive late will not be considered for award.

VIII. QUESTIONS

Questions or requests for clarification regarding the RFP should be submitted via email, citing the RFP page and section in accordance with the schedule in Section V (Schedule of Dates) to SponsorshipConsultantRFP@esd.ny.gov. Questions will not be accepted orally and any question received after the deadline may not be answered. The comprehensive list of questions/requests for clarifications and the official responses will be posted an Addendum to this RFP.

Respondents are strongly encouraged to review all posted questions and answers, through which ESD may offer clarifications regarding sections of the RFP or advise of material changes thereto.

http://www.esd.ny.gov/CorporateInformation/Data/ENCOURAGINGUSEOFNEWYORKSTATEBUSINESSESINCONTRACTPERFORMANCE.pdf https://esd.ny.gov/sites/default/files/media/document/USEOFNYSBUSINESSES-2025.pdf https://esd.ny.gov/sites/default/files/ST220CA.pdf https://esd.ny.gov/sites/default/files/media/document/STL5A-Affidavit-2025.pdf https://www.irs.gov/pub/irs-pdf/fw9.pdf file://///empire.internal/dfs/NYCdata/Contract%20Administration/Procurement%20Unit/PROCUREMENT/ECHDC/Asset%20Valuation%20and%20Sponsorship%20Consultant/RFP/SponsorshipConsultantRFP@esd.ny.gov

IX. GENERAL PROVISIONS

The issuance of this RFP and the submission of a response by a Respondent or the acceptance of such a response by ESD does not obligate ESD in any manner. ESD reserves the right to:

i. amend, modify or withdraw this RFP;

ii. revise any requirement of this RFP;

iii. require supplemental statements or information from any responsible party;

iv. accept or reject any or all responses hereto;

v. extend the deadline for submission of responses hereto;

vi. negotiate potential contract terms with any Respondent;

vii. communicate with any Respondent to correct and/or clarify responses which do not conform to the instructions contained herein;

viii. cancel, or reissue in whole or in part, this RFP, if ESD determines in its sole discretion that it is in its best interest to do so; and

ix. extend the term of any agreement on terms consistent with this RFP.

ESD may exercise the foregoing rights at any time without notice and without liability to any responding firm or any other party for its expenses incurred in preparation of responses hereto or otherwise. All costs associated with responding to this RFP will be at the sole cost and expense of the Respondent.

All information submitted in response to this RFP is subject to the Freedom of Information Law (“FOIL”), which generally mandates the disclosure of documents in the possession of ESD upon the request of any person unless the content of the document falls under a specific exemption to disclosure. In addition, Proposals may be discussed at meetings of the ESD Directors, which meetings are subject to the Open Meetings Law.

ESD reserves the right, in its sole discretion, to retain and use all the materials and information, and the ideas and suggestions therein, submitted in response to this solicitation (collectively, the “Response Information”) for any purpose. By submitting a Proposal, each Respondent waives any and all claims against ESD relating to ESD’s retention or use of the Response Information.

Required Approvals

The awarded contract, if any, may be subject to review and approval by the Office of the State Comptroller (“OSC”) pursuant to Public Authorities Law §2879-a and the regulations issued thereunder. Such OSC review and approval may be required of contracts with a value in excess of one million dollars, or modifications to contracts that result in an aggregate value in excess of one million dollars, where such contracts are paid in whole or in part with monies appropriated by the State, or were awarded on a basis other than a competitive procurement (as that term is defined in the law and regulations). If the awarded contract is subject to OSC review and approval, the contract shall not be valid and enforceable, nor shall the Corporation have any liability of any kind arising from or in connection with the contract, unless and until OSC approval has been received.

X. CONTRACTUAL REQUIREMENTS

This section contains additional information about the forms that are required to be included in each Respondent’s submission pursuant to Section VII of this RFP, as well as information about ESD’s procurement requirements. (For purposes of this Section and the requirements set forth herein, the word “bid” shall mean any submission in response to this RFP, and the word “bidder” shall mean any individual or entity that submits a “bid”).

i. Non-Collusive Bidding Certification In accordance with Section 2878 of the New York State Public Authorities Law, all bidders must certify that they have not colluded with any other Respondents in their proposal.

The required certification can be found at:

https://esd.ny.gov/sites/default/files/media/document/NonCollusiveBiddingCertification6-13- 25.pdf and must be completed and included in all proposals.

ii. Conflicts of Interest

Respondent must attest it has read, understood and will comply with the following provisions https://esd.ny.gov/sites/default/files/Conflict-of-Interest-Attestation-June-2019.pdf. ESD may disqualify any Respondent to this RFP or terminate any contract entered into as a result of this RFP should ESD determine that the Respondent has violated any of these requirements.

A. Gifts and Offers of Employment: Respondent has not and shall not during this procurement and during the negotiation of any contract resulting from this procurement, offer to any employee, member or director of ESD, any gift, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or in any other form, under circumstances in which it could reasonably be inferred that the offer was intended to influence said employee, member or director, or could reasonably be expected to influence said employee, member or director, in the performance of the official duty of said employee, member or director or was intended as a reward for any official action on the part of said employee, member or director.

Respondent may not make any offers of employment or discuss the possibility of such offers with any employee, member or director of ESD who is involved in this procurement and/or resulting contract negotiation within at least 30 days from the time that the employee’s involvement in this matter is closed.

https://esd.ny.gov/sites/default/files/media/document/NonCollusiveBiddingCertification6-13-25.pdf https://esd.ny.gov/sites/default/files/media/document/NonCollusiveBiddingCertification6-13-25.pdf https://esd.ny.gov/sites/default/files/Conflict-of-Interest-Attestation-June-2019.pdf

B. Disclosure of Potential Conflicts: Respondent shall disclose any existing or contemplated relationship with any other person or entity, including relationships with any member, shareholders of 5% or more, parent, subsidiary, or affiliated firm, which would constitute an actual or potential conflict of interest or appearance of impropriety, relating to other clients/customers/employers of the Respondent or former officers and employees of ESD, in connection with your rendering services enumerated in this RFP. If a conflict does or might exist, Respondent must describe how it would eliminate or prevent it.

C. Disclosure of Ethics Investigations: Respondent must disclose whether it, or any of its members, shareholders of 5% or more, parents, affiliates, or subsidiaries, have been the subject of any ongoing investigation or disciplinary action by the New York State Commission on Ethics and Lobbying in Government or its predecessor State entities (collectively, “Commission”), and if so, a description must be included indicating how any matter before the Commission was resolved or whether it remains unresolved.

iii. State Finance Law Sections 139-j and 139-k forms

State Finance Law Sections 139-j and 139-k (collectively, the “Procurement Requirements”) apply to this RFP. These Procurement Requirements: (1) govern permissible communications between potential Respondents and ESD or other involved governmental entities with respect to this RFP;

(2) provide for increased disclosure in the public procurement process through identification of persons or organizations whose function is to influence procurement contracts, public works agreements and real property transactions; and (3) establish sanctions for knowing and willful violations of the provisions of the Procurement Requirements, including disqualification from eligibility for an award of any contract pursuant to this RFP. Compliance with the Procurement Requirements requires that all communications regarding this RFP, from the time of its issuance through final award and execution of any resulting contract (the “Restricted Period”), be conducted only with the designated contact persons listed above; the completion by Respondents of the Offeror Disclosure of Prior Non-Responsibility Determinations, and the Offeror’s Affirmation of Understanding and Agreement pursuant to State Finance Law; and periodic updating of such forms during the term of any contract resulting from this RFP.

Respondents must submit the Offeror Disclosure of Prior Non-Responsibility Determinations, and the Offeror’s Affirmation of Understanding and Agreement pursuant to State Finance Law as part of their submittal. Copies of these forms are available at:

https://esd.ny.gov/sites/default/files/media/document/SF-Law139-JK-2025.pdf.

The Procurement Requirements also require ESD staff to obtain and report certain information when contacted by Respondents during the Restricted Period, make a determination of the responsibility of Respondents and make all such information publicly available in accordance with applicable law. If a Respondent is found to have knowingly and willfully violated the State Finance Law provisions, that Respondent and its subsidiaries, related or successor entities will be determined to be a non-responsible Respondent and will not be awarded any contract issued pursuant to this solicitation. In addition, two such findings of non-responsibility within a four-year period can result in debarment from obtaining any New York State governmental procurement https://esd.ny.gov/sites/default/files/media/document/SF-Law139-JK-2025.pdf contract. The designated contact account for this solicitation is referenced on the cover of this

RFP.

This is not a complete presentation of the provisions of the Procurement Requirements. All potential Respondents are solely responsible for full compliance with the Procurement Requirements. Both the prime consultant and any sub-consultants complete the forms required above.

iv. Vendor Responsibility Questionnaire All Respondents to this RFP must be “responsible,” which in this context means that they must have the requisite financial ability, organizational capacity and legal authority to carry out its obligations under this RFP, and in addition must demonstrate that both the Respondent and its principals have and will maintain the level of integrity needed to contract with New York State entities such as ESD. Further, the Respondent must show satisfactory performance of all prior government contracts. Accordingly, the contract to be entered into between ESD and the Respondent, if any, shall include clauses providing that the Respondent remain “responsible” throughout the term of the contract, that ESD may suspend the contract if information is discovered that calls into question the responsibility of the contracting party, and that ESD may terminate the contract based on a determination that the contracting party is non-responsible. On request, model language to this effect will be provided to any Respondent to this RFP.

To assist in the determination of responsibility, ESD requires that all Respondents register in the State's Vendor Responsibility System (“Vend-Rep System”). The Vend-Rep System allows business entities to enter and maintain their Vendor Responsibility Questionnaire information in a secure, centralized database. New York State Procurement Law requires that state agencies award contracts only to responsible vendors. Respondents are to file the required Vendor Responsibility Questionnaire online via the Vend-Rep System or may choose to complete and submit a paper questionnaire. Please include a copy of your Vend-Rep submission receipt or paper questionnaire with your proposal. Your Vendor Responsibility Questionnaire must have been completed within one year of submission of your proposal.

To enroll in and use the Vend-Rep System, please visit: www.osc.state.ny.us/vendrep. For direct Vend-Rep System user assistance, the Office of the State Comptroller’s Help Desk may be reached at 866-370-4672 or 518-408-4672 or by email at itservicedesk@osc.state.ny.us.

Respondents opting to file a paper questionnaire can obtain the appropriate questionnaire from the Vend-Rep website (http://www.osc.state.ny.us/vendrep/forms_vendor.htm) and execute accordingly pertaining to the company’s trade industry. Bidders are required to complete the questionnaire which best matches the business activity (either “Construction” or “Non- Construction”) and business type (either “For-Profit” or “Not-for-Profit”) from the four (4) available options.

http://www.osc.state.ny.us/vendrep mailto:helpdesk@osc.state.ny.us http://www.osc.state.ny.us/vendrep/forms_vendor.htm

In addition, please see link to EO-192: https://ogs.ny.gov/system/files/documents/2021/09/eo- 192-vendor-integrity_0.pdf.

v. Iran Divestment Act Every Proposal made to ESD pursuant to a competitive solicitation must contain the following statement, signed by the Respondent on company letterhead and affirmed as true under penalty of perjury:

"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 to the best of its knowledge and belief that each bidder is not on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the State Finance Law."

The list in question is maintained by the Office of General Services. For further information and to view this list please go to: https://ogs.ny.gov/iran-divestment-act-2012.

vi. Executive Order 16 In accordance with New York State Executive Order 16 (“EO-16”), all bidders must certify that they are in compliance with EO-16 prohibiting State Agencies and Authorities from Contracting with Businesses in Russia. EO-16 will remain in effect while sanctions imposed by the federal government are in effect.

"By submission of a 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 to the best of its knowledge and belief that each bidder is in compliance with EO-16.”

The required certification can be found at:

https://esd.ny.gov/sites/default/files/EO16-certification.pdf and must be signed and included in all Proposals.

vii. Executive Order 177 In accordance with New York State Executive Order 177, all bidders must certify that they are in compliance with the New York State Human Rights Law which prohibits discrimination and harassment based on a protected class, and which requires reasonable accommodation for persons with disability or pregnancy related conditions.

The required certification can be found at:

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fogs.ny.gov%2Fsystem%2Ffiles%2Fdocuments%2F2021%2F09%2Feo-192-vendor-integrity_0.pdf&data=05%7C02%7CJordan.Kaplan%40esd.ny.gov%7C024d9f36334d40b128cc08dd8337a7de%7Cf46cb8ea79004d108ceb80e8c1c81ee7%7C0%7C0%7C638810997238635190%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=xW%2BVGM5GRyjQ0ZgzCVUF8sdvpkSTAOzMrYy3jDPUlYA%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fogs.ny.gov%2Fsystem%2Ffiles%2Fdocuments%2F2021%2F09%2Feo-192-vendor-integrity_0.pdf&data=05%7C02%7CJordan.Kaplan%40esd.ny.gov%7C024d9f36334d40b128cc08dd8337a7de%7Cf46cb8ea79004d108ceb80e8c1c81ee7%7C0%7C0%7C638810997238635190%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=xW%2BVGM5GRyjQ0ZgzCVUF8sdvpkSTAOzMrYy3jDPUlYA%3D&reserved=0 https://ogs.ny.gov/iran-divestment-act-2012 https://esd.ny.gov/sites/default/files/EO16-certification.pdf https://esd.ny.gov/sites/default/files/EO-177-Certification.pdf and must be signed and included in all Proposals.

viii. Compliance with State Finance Law Section 139-m

Section 139-m of the New York State Finance Law requires that all vendors bidding or otherwise submitting a proposal for a competitive procurement must implement and attest (via written certification) to a Gender-Based Violence and the Workplace policy. This policy must be in place at the time for bid or proposal submission set forth in Section V above for a bid or submission to be considered.

The model policy published by the New York State Office for the Prevention of Domestic Violence can be found at: opdv-gbv-workplace-bidder-model-policy_2025.08.28_0.pdf. The required Gender-Based Violence and the Workplace Certification can be found at:

https://esd.ny.gov/sites/default/files/media/document/GBVandtheWorkplacePolicyAttestationTe mplate-103125.pdf and must be signed and included with all bids, proposals or other submissions.

ix. Non-Discrimination and Contractor & Supplier Diversity Requirements

CONTRACTOR REQUIREMENTS AND PROCEDURES FOR PARTICIPATION BY NEW YORK

STATE-CERTIFIED MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES AND EQUAL

EMPLOYMENT OPPORTUNITIES FOR MINORITY GROUP MEMBERS AND WOMEN

Pursuant to New York State Executive Law Article 15-A and Parts 140-147 of Title 5 of the New York Codes, Rules and Regulations ESD is required to promote opportunities for the maximum feasible participation of New York State-certified Minority and Women-owned Business Enterprises (“MWBEs”) and the employment of minority group members and women in the performance of ESD contracts.

Business Participation Opportunities for MWBEs A contractor (“Contractor”) on any contract resulting from this procurement (“Contract”) is encouraged to make good faith efforts to promote and assist in the participation of MWBEs on the Contract for the provision of services and materials. For purposes of this procurement, ESD conducted a comprehensive search and determined that the Contract does not offer sufficient opportunities to set specific goals for participation by MWBEs as subcontractors, service providers, and suppliers to Contractor.

Equal Employment Opportunity Requirements By submission of a bid or proposal in response to this solicitation, the respondent agrees with all of the terms and conditions SCHEDULE B - PARTICIPATION BY MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES: REQUIREMENTS AND PROCEDURES. The respondent is required to ensure that it and any subcontractors performing work on the contract shall undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the areas https://esd.ny.gov/sites/default/files/EO-177-Certification.pdf https://opdv.ny.gov/system/files/documents/2025/08/opdv-gbv-workplace-bidder-model-policy_2025.08.28_0.pdf https://esd.ny.gov/sites/default/files/media/document/GBVandtheWorkplacePolicyAttestationTemplate-103125.pdf https://esd.ny.gov/sites/default/files/media/document/GBVandtheWorkplacePolicyAttestationTemplate-103125.pdf https://esd.ny.gov/sites/default/files/SCHEDULE%20B.pdf https://esd.ny.gov/sites/default/files/SCHEDULE%20B.pdf of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation. This requirement does not apply to

(i) work, goods, or services unrelated to the Contract; or (ii) employment outside New York State.

The respondent will be required to submit a Minority and Women-owned Business Enterprise and Equal Employment Opportunity Policy Statement, OCSD-1, to ESD with its bid or proposal.

If awarded a Contract, respondent shall submit a Workforce Utilization Report and shall require each of its Subcontractors to submit a Workforce Utilization Report, in such format as shall be required by ESD on a quarterly basis during the term of the Contract.

Pursuant to Executive Order #162, contractors and subcontractors will also be required to report the gross wages paid to each of their employees for the work performed by such employees on the contract utilizing the Workforce Utilization Report on a quarterly basis.

Further, pursuant to Article 15 of the Executive Law (the “Human Rights Law”), all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor and sub-contractors will not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest.

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

PARTICIPATION OPPORTUNITIES FOR NEW YORK STATE CERTIFIED SERVICE-DISABLED VETERAN-

OWNED BUSINESSES

Article 3 of the New York Veterans’ Services Law provides for more meaningful participation in public procurement by certified Service-Disabled Veteran-Owned Businesses (“SDVOBs”), thereby further integrating such businesses into New York State’s economy. ESD recognizes the need to promote the employment of service-disabled veterans and to ensure that certified service-disabled veteran-owned businesses have opportunities for maximum feasible participation in the performance of ESD contracts.

In recognition of the service and sacrifices made by service-disabled veterans and in recognition of their economic activity in doing business in New York State, Bidders/Contractors are strongly encouraged and expected to consider SDVOBs in the fulfillment of the requirements of the Contract. Such participation may be as subcontractors or suppliers, as protégés, or in other partnering or supporting roles.

For purposes of this procurement, ESD conducted a comprehensive search and determined that the Contract does not offer sufficient opportunities to set specific goals for participation by SDVOBs as subcontractors, service providers, and suppliers to Contractor.

x. Encouraging the Use of NYS Businesses in Contract Performance Form New York State businesses have a substantial presence in State contracts and strongly contribute to the economies of the state and the nation. In recognition of their economic activity and leadership in doing business in New York State, Respondents for this ESD contract for commodities, services or technology are strongly encouraged and expected to consider New York State businesses in the fulfillment of the requirements of the contract. In order for ESD to assess the use of New York State businesses in each Proposal, ESD requests that each Respondent complete the Encouraging Use of New York State Businesses in Contract Performance form, accessible here: https://esd.ny.gov/sites/default/files/media/document/USEOFNYSBUSINESSES- 2025.pdf.

xi. Certification under State Tax Law Section 5-a Any contract resulting from this solicitation is also subject to the requirements of State Tax Law Section 5-a (“STL 5-a”). STL 5-a prohibits ESD from approving any such contract with any entity if that entity or any of its affiliates, subcontractors or affiliates of any subcontractor makes sales within New York State of tangible personal property or taxable services having a value over $300,000 and is not registered for sales and compensating use tax purposes. To comply with STL 5-a, all Respondents to this solicitation must include in their Proposals a properly completed Form ST- 220-CA (http://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf), or an affidavit (https://esd.ny.gov/sites/default/files/media/document/STL5A-Affidavit-2025.pdf) that the Respondent is not required to be registered with the State Department of Taxation and Finance. Also in accordance with the requirements of STL 5-a, any contract resulting from this solicitation will require periodic updating of the certifications contained in Form ST-220-CA.

Solicitation responses that do not include a properly completed ST-220-CA will be considered incomplete and non-responsive and will not be considered for contract award. Only the prime consultant needs to complete Form ST 220-CA, but be advised that Schedule A to Form ST 220-TD (which is required to be submitted in accordance with Form ST 220-CA) requires detailed information from the sub-consultants, such as tax ID number, etc., if applicable. Moreover, if applicable, certificates of authority must be attached by the prime consultant and all the sub-consultants.

xii. Schedule A

Following final selection of a Respondent, ESD will prepare a contract defining all project terms and conditions and the Respondent’s responsibilities in conformance with Schedule A. A sample can be found at: https://esd.ny.gov/sites/default/files/ScheduleA-Services_Materials-3818.pdf

Please note that Respondents should not provide the information/documentation required by Schedule A (aside from any information/documentation otherwise required by this solicitation) with the submission of a proposal. However, Respondents should thoroughly review the terms set https://esd.ny.gov/sites/default/files/media/document/USEOFNYSBUSINESSES-2025.pdf https://esd.ny.gov/sites/default/files/media/document/USEOFNYSBUSINESSES-2025.pdf http://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf https://esd.ny.gov/sites/default/files/media/document/STL5A-Affidavit-2025.pdf https://esd.ny.gov/sites/default/files/ScheduleA-Services_Materials-3818.pdf forth in Schedule A, which are standard for all ESD contracts, and submit any concerns in writing together with the Respondent’s Administrative Proposal. Failure to submit concerns in a timely manner shall be deemed a waiver of any objections to the terms contained in Schedule A and successful Respondents will be required to accept the terms therein as part of the executed contract between the parties.

xiii. Project Sunlight This procurement is subject to the Public Integrity Reform Act of 2011. Under the Public Integrity Reform Act of 2011, “appearances” (broadly defined and including any substantive interaction that is meant to have an impact on the decision-making process of a state entity) before a public benefit corporation such as ESD by a person (also broadly defined) for the purposes of procuring a state contract (as contemplated in this RFP) must be reported by ESD to a database maintained by the State Office of General Services that is available to members of the public.