Attachment A General Terms and Conditions.pdf

Annual Hoist and Crane Inspections and Repairs

IFB #: 25AJB0086

Attachment A: Bid Submission Document

Method of Award

The University intends to award this Contract to the lowest priced, responsive and responsible Bidder whose bid meets all requirements of this IFB.

Responsiveness will be determined based on compliance with all material requirements of the solicitation. Responsibility will be determined based on the Bidder’s financial capability, experience, and past performance.

Cost Adjustment

a. Prices quoted shall remain firm for the initial period of one (1) year from the commencement date of the Contract.

b. Adjustments of annual costs for years 2, 3, 4 and 5 for this Contract shall not exceed inflation guidelines as established by the nationally accepted consumer price index (CPI) for each year. The specific inflation level for this Contract will be based on the actual CPI percentage for the month ending closest to 120 days prior to the Contract renewal date. The approval document for this Contract will be: U.S. Department of Labor Consumer Price Index, All Urban Consumers, CPI-U, Northeast Urban, All items.

c. Generally, OSC will not approve increases greater than five (5) percent, except where the agency submits appropriate justification for such higher rate. There is no cap on decreases.

d. Price adjustments requested above CPI levels must be accompanied by support documentation for the increase and said increase must be acceptable to the University and may be subject to OSC prior approval. Newly negotiated labor agreements, manufacturer’s increases, and nationally accepted fuel cost adjustments are examples of increases, which could exceed CPI averages.

e. Annual increases will only be based on CPI as specified in the bid and not based on both prevailing wage and CPI.

Pricing and Delivery

Price shall be net, “Free on Board (F.O.B.) Destination”, meaning that there is no additional delivery charge and the title (ownership) does not transfer until the product reaches its destination. This applies to every order delivered to any point within the University, as directed by the Contract Manager(s) or designee. There will be no other charges than those listed on Items Tab of eProcurement system Jagger (ShopBlue).

Qualification of Bidder/ Contractor

The Bid will be awarded only to a responsible Bidder/Contractor, qualified by experience and in a financial position to do the work specified. To facilitate prompt award of the Bid, the Bidder/Contractor shall attest to the following:

a. Bidders must have at least three (3) years of experience hoist and crane inspection, testing, maintenance, and repairs of a similar scope and complexity.

b. More than one Bid from an individual, firm, partnership, corporation or association under the same or different names will not be considered. Reasonable grounds for believing that a Bidder is interested in more than one proposal for the same work will cause the rejection of all proposals in which such Bidders are believed to be interested.

c. Any or all proposals will be rejected if there is reason to believe that collusion exists between Bidders. Proposals in which the prices and quantities are obviously unbalanced will be rejected.

d. The Bidder shall provide three (3) references of clients for whom they have work performed of a similar scope and nature, within the past three (3) years. References must include company name, address, telephone number, email, and contact person.

The University at Buffalo cannot be used as a reference. Bidders are responsible for ensuring that all listed references have been contacted in advance and are willing and available to provide information regarding the Bidder’s performance if requested by the University.

e. The Bidder/Contractor shall possess the ability to comply with all aspects of the specifications and requirements.

Financial Qualifications

The University reserves the right to request financial data that would adequately reflect financial stability to support the execution of a Contract. Such information could include a credit report, the most recent two audited annual reports and/or annual financial statements.

The University reserves the right to reject any Bidder/Contractor who does not demonstrate stability sufficient for the scope of this transaction.

Insurance/Liability

Contractor will at all times, at their own expense, carry public liability insurance and property damage insurance in the amounts of $2,000,000/$4,000,000 naming the State University of New York at Buffalo, and the State of New York as additional insured.

Copies of certificates shall be presented to Attention: Amanda Brandis, Procurement Services, 224 Crofts Hall, Buffalo, NY 14260 upon award of the Contract or before work commences.

The Bidder shall hold harmless the State of New York, and the State University of New York from all damage and claims for damage, demands, suits, costs, recoveries, and judgments which may be recovered against the State University of New York at Buffalo and the State of New York or their officers, agents, or employees caused by Bidder acts or omissions in performing a Contract arising or growing out of the performance of this Contract.

Procurement Lobbying Restrictions

In accordance with New York State Finance Law Sections 139-j and 139-k, the restricted period for this procurement is in effect. All communications regarding this procurement must be directed only to the designated contacts identified by the University.

Any prohibited communication or attempt to unduly influence the procurement process may result in disqualification of the Bidder’s proposal.

Quality Assurance

The University reserves the right to inspect and reject materials of any kind before being used at the University. All materials rejected shall be removed immediately from the service area and not offered again.

Guarantee/Applicable Standards

The Bidder/Contractor guarantees that all services/items are new and guaranteed against faulty workmanship. They must meet all standards set by the manufacturer for compatibility.

All materials supplied shall be industrial and/or commercial grade, whichever is compatible and in accordance with best standards of the industry.

Silence of Specifications

The apparent silence of this specification and any supplemental specifications as to any details or the omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial/professional practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship is to be first quality. All interpretations of the specification shall be made upon the basis of this statement.

Addenda

It is the responsibility of the bidder to inquire about any requirement of this IFB that is not understood. Responses to inquiries if they change or clarify the IFB in a substantial manner will be forwarded by addendum from purchasing all bidders who have received a copy of the IFB. The University will not be bound by oral responses to inquiries or written responses other than addenda. Direct all questions within the ‘Questions’ Tab within the Jagger ShopBlue system.

Standard Clauses

Any contract resulting from the IFB shall include Exhibit ‘A’, the Standard Clauses for all New York State Contracts, dated June 21, 2023 and Exhibit ‘A-1’, the Affirmative Action Clauses, dated March 31,2020 and Exhibit B, General Contract Terms and Conditions the provisions of which shall take precedence over any provision in the IFB. These clauses relate to, among other things, assignment of the contract, availability of funds, non-discrimination, affirmative action, non-collusion, Workers’ Compensation.

Confidentiality

The information contained in any bid submitted for the University’s consideration will be held in confidence until all evaluations are concluded and a contract is awarded. The University will respect any requests for confidentiality for information of a proprietary nature. Clearly mark any information considered proprietary.

Force Majeure

Neither party will be liable for losses, defaults or damages which result from delays in performing, or inability to perform, all or any of the obligations or responsibilities imposed upon it in any contract resulting from this Invitation for Bid because of acts of God, the public enemy, acts of government, earthquakes, floods, typhoon, civil strife, fire or other causes beyond the reasonable control of the party so delayed in or so unable to perform provided that such party was not negligent and shall have used reasonable efforts to avoid and overcome such cause.

Such party will resume full performance of such obligations and responsibilities promptly upon removal of any such cause.

Risk of Loss

The successful Bidder/Contractor shall bear the risk of and shall be responsible for providing its own security for storage of materials in the University supplied areas during all phases of installation and construction until final acceptance of the system by the University. Fire, theft and all other insurance coverage shall be the responsibility of the Bidder/Contractor.

Independent Contractor

Contractor and its employees engaged in the performance of the work shall at all times be deemed to be performing as an independent contractor and not as agents or employees of the University or the State of New York. The Contractor shall indemnify and hold harmless the University and its employees from any claim, demand, suit or cause or action which may be made or held against them by reason of negligence or malpractice on the part of Contractor, its agents or employees.

Governing Law

The laws of the State of New York shall govern this IFB and any resulting contract. All applicable Federal and State laws, Municipal ordinances, and rules and regulations of all authorities having jurisdiction over this project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full.

Notices

Unless otherwise provided herein, any notice, request, demand, or statement provided for in the resulting contract shall be in writing and deemed given when deposited in the United States postage prepaid directed to the post office address of the parties.

Debriefing

Bidders that responded to this bid will be given written notices as to whether their Bids were successful or unsuccessful. Upon being notified of their unsuccessful Bids, Bidders may request a debriefing in writing within fifteen (15) calendar days of such notice. The fifteen (15) day period starts once unsuccessful Bidders are notified. Once a request is made by the Bidders:

(i) The University will schedule the debriefing within a reasonable time of such request.

(ii) The debriefing will be conducted in person with the Bidder, unless the University and the Bidder mutually agree to use another method such as by telephone, video conference or another type of electronic communication.

(iii) Bidders’ written request must state whether the Bidder will be attending with counsel, to allow the University to arrange for the University counsel attendance if so determined.

(iv) The debriefings will cover, but not limited to the following:

(a) The reason why the Bid was unsuccessful.

(b) The quantitative and qualitative analysis that was used by the campus to assess the relative merits of the Bid, proposal or offer.

(c) How the selection criteria was applied to the unsuccessful Bid.

(d) If the request for debriefing is made prior to contract award, the debriefing shall be limited to review of that Bidder’s bid.

(e) If the debriefing is held after the final award (which means OSC approval, if applicable), it may cover the reason for the selection of the winning proposal.

(f) To the extent practicable, general advice and guidance on the ways the

Respondent can improve future Proposal submission or be more responsive.

Payment

Payment will be made thirty (30) calendar days upon completion and acceptance of finished work, and submission of invoice, in accordance with New York State Prompt Payment Legislation.

ALL Itemized invoice(s) shall be submitted to the following address:

APInvoice apinvoice@business.buffalo.edu

UNIVERSITY AT BUFFALO

ACCOUNTS PAYABLE

206 CROFTS HALL

BUFFALO NY 14260

mailto:apinvoice@business.buffalo.edu

Taxes

The State represents that it is currently exempt from taxes as per NYS Tax Law, Section 1116 (Fed ID #14-6013200; State ID #14740026K).

Termination

SUNY shall have the right to terminate this contract early for: (i) unavailability of funds; (ii) cause; (iii) convenience; (iv) in the event the State Finance Law sections 139-j and 139-k certifications are found to be intentionally false or intentionally incomplete or (v) or if applicable, the Department of Taxation and Finance Contractor Certification form, ST-220- CA, statements are found to be intentionally false or intentionally incomplete.

a. The University reserves the right to request clarifications from Bidders for purposes of assuring a full understanding of responsiveness and further reserves the right to permit revisions from all Bidders determined to be susceptible to being selected for contract award, prior to award.

b. The University reserves the right to reject separable portions of any offer, to negotiate terms and conditions consistent with the solicitation, and to make an award for any or all remaining portions.

c. The University reserves the right to eliminate nonmaterial requirements not met by all Bidders.

d. Any Vendor terms which are attached or referenced with a submission shall not be considered part of the bid or proposal but shall be deemed included for informational purposes only.

e. In the event of a discrepancy between the unit price and the extension, the unit price will govern. Prices must be extended in decimals, not fractions.

Prevailing Wage

Where the scope of work meets the definition of public work under New York State Labor Law §220, the Bidder/Contractor agrees that all laborers, workers, and mechanics employed in the performance of this contract shall be paid no less than the prevailing wage rates and supplemental benefits as established by the New York State Department of Labor (NYS DOL).

The applicable Prevailing Rate Case number (PRC) for this solicitation is:

PRC # 2026019420

Prevailing wage schedules may be accessed through the NYS DOL website at:

To access the PDF file of your schedule, click on https://apps.labor.ny.gov/wpp/ publicViewProject.do?method=showIt&id=1625866 or copy and paste into your browser If the Contractor does not have the ability to obtain the wage schedule electronically, the schedule may be requested from the University’s Procurement Department via written request.

General Conditions

Minority and Women-Owned Business Enterprises

It is the policy of the State University of New York to take affirmative action to ensure that minority and women-owned business enterprises are given the opportunity to demonstrate their ability to provide goods and services at competitive prices.

GOALS FOR MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES

PARTICIPATION: For all State Contracts in excess of $25,000.00 whereby each SUNY campus is committed to expend or does expend funds in return for labor, services including but not limited to legal, financial and other professional services, supplies, equipment, materials or a combination of the foregoing or all State Contracts in excess of $100,000.00 whereby the SUNY campus expects to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon, Contractor shall exert good faith efforts to achieve a participation goal of fifteen point nine percent (15.9%) for certified Minority-Owned Business Enterprises and fourteen point one percent (14.1%) for certified Women-Owned Business Enterprises.

NYS Service Disabled Veteran Owned Business

It is the policy of the State University of New York to take affirmative action to ensure that Service-Disabled Veteran Owned Businesses are given the opportunity to demonstrate their ability to provide goods and services at competitive prices.

Contractor shall exert good faith efforts to achieve a participation goal of six percent (6%) for New York State certified Service-Disabled Veteran Owned Businesses.

Affirmative Action

New York State Executive Order Number 6, regarding equal employment opportunities states:

It is the policy of the State of New York that equal opportunity be assured in the State’s personnel system and affirmative action provided in its administration in accordance with the requirement of the State’s Human Rights Law and the mandate of Title VII of the Federal Civil Rights Act, as amended. Accordingly, it is the responsibility of the State’s Department of Civil Service to enforce the State‘s policy of ensuring full and equal opportunity for minorities, women, disabled persons and Vietnam era veterans at all occupational levels of state government.

In keeping with this policy, the State University of New York, and the State University of New York at Buffalo mandates compliance internally and for all organizations with which it conducts business.

Compliance with New York State Requirements

a. It is mandatory that every Bidder/Contractor must comply and submit all required documentation, if relevant to this proposal. This Documentation includes, but is not limited to, NYS Vendor Responsibility Questionnaire; W-9 form; ST-220-CA and ST- 220-TD; Non-Collusion Certificate and State Finance Law 139 I, J, K form. NOTE:

The ST-220-TD is to be forwarded to the NYS Department of Tax and Finance and is a one-time only filing. Failure to submit completed forms could result in Bidder/Contractor disqualification. Required forms for this submission are available on the ‘Prerequisites’ Tab of the Jagger ShopBlue sourcing event.

b. The University at Buffalo recommends that vendors file the required Vendor Responsibility Questionnaire online via the New York State VendRep System. To enroll in and use the New York State VendRep System, see the VendRep System Instructions available at http://www.osc.state.ny.us/vendrep/vendor_index.htm or go directly to the VendRep System online at https://portal.osc.state.ny.us.

Vendors must provide their New York State Vendor Identification Number when enrolling. To request assignment of a Vendor ID or for VendRep System assistance, contact the Office of the State Comptroller’s Help Desk at 866-370-4672 or 518-408- 4672 or by email at ciohelpdesk@osc.state.ny.us.

Vendors opting to complete and submit a paper questionnaire can obtain the appropriate questionnaire from the VendRep website www.osc.state.ny.us/vendrep or may contact the University at Buffalo or the Office of the State Comptroller’s Help Desk for a copy of the paper form.

c. Contractor shall comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law Section 899-aa; State Technology Law Section 208). Contractor shall be liable for the costs associated with such breach if caused by Contractor’s negligent or willful acts or omissions, or the negligent or willful acts or omissions of Contractor’s agents, officers, or employees. The contractor agrees to comply with applicable codes and all other rules and regulations of the State of New York and OSHA regulations. The University reserves the right to stop work that is proceeding in an unsafe manner. If the contractor finds pre-existing conditions.

d. Sweatshop Legislation (if applicable): All apparel or textiles or sports equipment supplied to the university must be manufactured in compliance with all applicable labor and occupational safety laws, including, but not limited to, child labor laws, wage and hour laws, and workplace safety laws. To ensure compliance with the fair labor conditions bidder must complete and return enclosed “Bidder Certification of Compliance with Fair Labor Conditions” form.

e. Consulting Service (if applicable): The successful Bidder, while performing its obligations under this Agreement, will be providing services under a “consulting agreement” (as defined by New York State Finance Law). Therefore, the successful Bidder will be required to complete the “State Consultant Services Contractor’s Planned Employment” form (also known as “Form A”) prior to final execution of any State contract. This form is provided ONLY ONCE and captures the necessary planned employment information prospectively from the anticipated start date of the contract through the end of the contract term.

In addition, the successful Bidder will be required to disclose, by employment category (O*NET), the number of persons employed to provide services under the resulting consulting agreement (including subcontract employees) the number of hours worked and the amount paid to the vendor by the State as compensation for work performed by these employees. “State Consultant Services Contractor’s Annual Employment Report” (also known as “Form B) must be used to report the required information. This form is submitted annually, each year the contract is in effect and will capture historical information, detailing actual employment data for the most recently concluded State http://www.osc.state.ny.us/vendrep/vendor_index.htm https://portal.osc.state.ny.us/ http://www.osc.state.ny.us/vendrep fiscal year (April 1-March 31). Reports will be due no later than May 15th immediately following each fiscal year the resulting agreement is in effect.

f. The contractor agrees to comply with applicable codes and all other rules and regulations of the State of New York and OSHA regulations.

g. The contractor shall comply with the University’s policy on the application of pesticides and other chemicals on University property. All pesticides and chemicals intended for use on University property shall be approved by the contract manager before application.

h. The University reserves the right to stop work that is proceeding in an unsafe manner.

i. If the contractor finds pre-existing conditions or causes conditions that could prove to be hazardous to persons on University property, the contract manager shall be notified immediately.

Iran Divestment Act

By submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, Bidder/Contractor (or any assignee) certifies that it is not on the “Entities Determined To Be Non-Responsive Bidders/Offerers Pursuant to The New York State Iran Divestment Act of 2012” list (“Prohibited Entities List”) posted on the OGS website at: http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf and further certifies that it will not utilize on such Contract any subcontractor that is identified on the Prohibited Entities List.

Additionally, Bidder/Contractor is advised that should it seek to renew or extend a Contract awarded in response to the solicitation, it must provide the same certification at the time the Contract is renewed or extended.

During the term of the Contract, should the University receive information that a person (as defined in State Finance Law §165-a) is in violation of the above-referenced certifications, the University will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then the University shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, seeking compliance, recovering damages, or declaring the Contractor in default.

The University reserves the right to reject any bid, request for assignment, renewal or extension for an entity that appears on the Prohibited Entities List prior to the award, assignment, renewal, or extension of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the Prohibited Entities list after contract award.

Lock and Key Access

For key access requests the vendor must contact the Contract Manager, or designee. Loss of keys may require re-keying of one or more building and costs could be extensive. Vendor is responsible for the total cost of lock changes and new keys to secure areas compromised by lost keys. Key access requests may not be granted.

http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf

Audit

Periodic reviews will be conducted to ensure pricing is in compliance. All accounts, reports, files and other records relating to this contract shall be subject at all reasonable times to inspection and audit by the State University of New York at Buffalo or their agents during the term of this contract and for seven (7) years thereafter. Throughout the term of the contract, the University reserves the right to conduct inspections of the successful Bidder/Contractor’s facilities at any reasonable time.

Bid Submission

a. Bidders are required to submit response electronically. All submissions will be accepted via the University’s eProcurement System ShopBlue (Jagger).

b. Proposals should be prepared in such a way as to provide straightforward, concise, and specific information about the scope of services your agency is able and willing to provide. Emphasis should be placed on responsiveness to the University’s desired services and goals. Each response should reference the number of the corresponding question.

c. Proposals may be withdrawn or modified by written request from the bidder at any time prior to the deadline for receipt of proposals.

d. Proposals are to be valid for a minimum of 120 days to allow time for evaluation, selection and any unforeseen delays.

e. The University reserves the right to negotiate with a Bidder within the bid’s requirements, to best serve the interests of the University.

f. By submitting a proposal, the firm agrees that it will neither make any claims for nor assert any right to, damages because of any misunderstandings or lack of information.

Questions that arise as a result of this IFB are to be submitted in writing June 24, 2026 via the ‘Questions’ Tab of the Jagger ShopBlue sourcing event, Late Bid

Any bid received at the specified location after the time specified in this IFB will be considered a Late Bid. A Late Bid shall not be considered for award unless: (i) it is in the possession of the University at Buffalo’s Campus Mail; or (ii) no timely bids meeting the requirements of this IFB are received; or (iii) in the case of a multiple award, an insufficient number of timely bids were received to satisfy the multiple awards.

Upon receipt of a Late Bid, it will be stamped indicating the date and hour received at the location, specified in the IFB. Late Bids that are not considered will be held unopened, unless opened for identification, until after award and then retained with other unsuccessful bids. However, any bid bond or guarantee will be returned

Child Protection Policy

The University is committed to the protection of the community’s children and students.

The Bidder/Contractor must adhere to all requirements of the University’s Child Protection Policy, which may be found in the ‘Prerequisites’ Tab.

Prohibiting State Agencies And Authorities From Contracting With Businesses Conducting Business In Russia

Effective March 17, 2022, all New York State Entities are to refrain from entering into any new contract or renewing any existing contract with an entity conducting business operations in Russia. New York State Executive Order No. 16 is intended to ensure that New York State is not entering into contracts with entities conducting business in Russia and thereby indirectly supporting Russia’s unjustified war against the Ukrainian people.

More information may be found at https://ogs.ny.gov/EO-16. Vendor, which encompass bidders prior to contract award, contractors who have received a contract award, and contract assignees, must complete Certification Under Executive Order No. 16 Form and return it to the New York State Entity.

39. N.Y. State Finance Law §139-l

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

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

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

If the bidder cannot make the required certification, such bidder shall so state and shall furnish with the bid a signed statement that sets forth in detail the reasons that the bidder cannot make the certification. After review and consideration of such statement, SUNY may reject the bid or may decide that there are sufficient reasons to accept the bid without such certification.

https://ogs.ny.gov/EO-16 https://www.ny.gov/combating-sexual-harassment-workplace/employers https://www.ny.gov/combating-sexual-harassment-workplace/employers

The certification required above can be found on the State Finance Law §139-l form located in ‘Prerequisites’ Tab of this IFB, which bidder must submit with this bid.

Diesel Emission Reduction Act

On February 12, 2007, the Diesel Emissions Reduction Act took effect as law (the “Law”).

Pursuant to new §19-0323 of the N.Y. Environmental Conservation Law (“NYECL”) it is now a requirement that heavy duty diesel vehicles in excess of 8,500 pounds use the best available retrofit technology (“BART”) and ultra-low sulfur diesel fuel (“ULSD”). The requirement of the Law applies to all vehicles owned, operated by or on behalf of, or leased by State agencies and State or regional public authorities. They need to be operated exclusively on ULSD by February 12, 2012. It also requires that such vehicles owned, operated by or on behalf of, or leased by State agencies and State or regional public authorities with more than half of its governing body appointed by the Governor utilize BART. Qualification and application for a waiver under this Law will be the responsibility of the Bidder.

Contractor Identification

At all times, all Contractor and Subcontractor personnel shall be required to wear an identity tag clearly identifying them as being an employee or agent of the Contractor when on University premises.

Parking Permits

The Bidder and its employees shall be required to follow all of the rules and regulations of the University at Buffalo, including parking regulations. Parking violations are subject to fines and are the sole responsibility of the Bidder. UB uses License Plate Recognition (LPR). Your license plate is your virtual permit to park. UB students, faculty, staff and vendors need to register their license plate(s) to park in many areas on campus. In most cases, physical permits are not issued. Additional information is available at:

https://www.buffalo.edu/parking/parking-permits.html

SECTION II: CONTRACTOR RESPONSIBILITY / TECHNICAL SPECIFICATION

Services

The quantities, frequency of services, and associated costs listed in the Pricing Sheet are estimates only and are not guaranteed. The University will procure services on an “as-needed” basis throughout the term of the Contract.

Bidders must submit firm, fixed unit pricing for all services identified. Pricing shall be all-inclusive. No additional charges will be permitted for travel, mobilization, fuel, equipment, labor, disposal, emergency response, or any other incidental cost required to perform the services.

The University reserves the right to request additional related services not specifically listed, at comparable rates, within the scope of the Contract.

https://www.buffalo.edu/parking/parking-permits.html

Ordering / Delivery

a. Services shall be performed only upon authorization from the University’s designee.

b. The University reserves the right to modify service locations throughout the duration of this Contract.

c. The Contractor shall provide a service ticket or work report for each service performed.

This report shall include:

a. Contract reference information

b. Service location (Campus, building)

c. Date and time of service

d. Description of work performed

e. Equipment used, if applicable

f. Findings and recommendations, if applicable

d. A copy of the service report shall be provided to the University at the time of service.

e. Separate invoicing is required for each and every service event, unless otherwise approved.

f. The Contractor must be capable of providing:

a. Routine service response as scheduled by the University.

b. Emergency response within three (3) hours, 24/7/365.

g. The Contractor shall provide all labor, supervision, materials, equipment, and transportation necessary to perform services. All equipment shall be contractor owned or properly leased and suitable for work.

h. The University will provide access to required service locations as needed.

i. The Bidder/Contractor shall furnish competent and adequately trained personnel to perform the work required to complete this Contract. If, in the opinion of the University's Contract Manager, any Bidder/Contractor's employee so assigned is performing its functions unsatisfactorily, the Bidder/Contractor shall furnish from that point forward after such written notification, other competent and adequately trained employee(s) for the duration of the contract.

j. All work areas must be left clean and free of debris upon completion of services.

k. In emergency situations, the Contractor must mobilize immediately and be fully prepared to perform required services within the specified response time.

l. The Contractor shall ensure proper handling, transport, and legal disposal of all waste materials generated during services, in accordance with all applicable regulations.

m. The University reserves the right to reject any service deemed unsatisfactory or not in compliance with specifications.

n. The Contractor shall be responsible for any damage to University property caused during the performance of services.

o. Services are generally performed during normal business hours unless otherwise approved or required for emergency response.

p. The Contractor shall comply with all applicable safety standards, including OSHA requirements and confined space regulations.

q. Subcontracting of any portion of the work must receive prior written approval from the University. The Contractor shall remain fully responsible for all subcontracted work.

Service and Performance

a. The Contractor must maintain sufficient staffing, equipment, and operational capacity to meet all service demands of the University.

b. Services must be performed in a timely, professional manner consistent with industry standards. Failure to meet performance expectations, including response times of service quality, may result in corrective action or contract termination.

c. The Contractor shall notify the University immediately of any conditions that may impact service delivery or system functionality.

d. The Contractor shall provide any applicable training, documentation, or operational guidance related to services performed, when requested by the University.

Invoicing / Pricing

a. All pricing shall be fully loaded and inclusive of labor, equipment, travel, disposal, and all associated costs. .

b. All invoices must include the following:

a. Purchase order number

b. Description of services performed

c. Service date location

d. Itemized costs consistent with contract pricing

c. The Contractor shall maintain accurate records of all services performed under the Contract. These records shall be made available upon request. The University reserves the right to the right to conduct audits to verify pricing and service compliance.

d. There shall be no additional compensation for travel time, mobilization, or administrative effort.

Substitutions

During the Contract, substitutions will not be made without the approval of the University Contract Manager (or designees).

Discrepancies

Discrepancies will be reported directly to the Bidder by the University’s Contract Manager (or designees) or Purchasing Department. The Bidder will pick up and/or exchange all items reported in the next scheduled campus delivery. No restocking charges will be allowed for these items. If a stockroom orders an item(s) by mistake, the Bidder will pick up the item(s) and issue a credit for the returned item(s). All returns must be in resalable condition. A reasonable restocking charge may be allowed for special order items as mutually agreed upon by the Bidder and University Contract Manager.

Safety Data Sheets (SDS)

The Bidder shall submit a Safety Data Sheet (SDS) for any and all chemicals, solvents and materials specified or proposed for use on this Contract.

Shipment and delivery of all products containing hazardous material must be in compliance with all regulatory agency’s rules, regulations, and laws. Multiple sets of SDS sheets, if applicable, should be provided to the University; one set for Environmental Health and Safety, and one set for University Facilities Stores.