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RFP# 27-19-0804

Construction Management Services

Board of Cooperative Educational Services First Supervisory District of Suffolk County

201 Sunrise Highway Patchogue, New York 11772

The following Notice to Proposers was / will be published in the official newspapers of ESBOCES on July 21, 2026.

Notice to Proposers

The Board of Cooperative Educational Services, First Supervisory District of Suffolk County (in accordance with Section 103 of Article 5A of the General Municipal Law) hereby invites the submission of sealed Proposals for the following:

RFP #27-19-0804: Construction Management Services

Proposals will be received until 2:00 p.m., on August 4, 2026 at the Office of the Board of Cooperative Educational Services, First Supervisory District of Suffolk County, Attn: Purchasing Department, 201 Sunrise Highway, Patchogue, New York 11772, at which time and place all timely Proposals will be received. Proposal packages may be obtained at the same office daily from 9:00 a.m. to 3:00 p.m., except Saturdays, Sundays, and Holidays or at www.empirestatebidsystem.com.

The Board of Cooperative Educational Services, First Supervisory District of Suffolk County, reserves the right to reject any or all Proposals, or to accept part of any Proposals.

By: Maria Dell'Aquila, Clerk

SPECIFICATIONS

Invitations to Propose issued by Eastern Suffolk BOCES will bind all Successful Vendors to the terms and conditions set forth in these Specifications, General Terms and Conditions and Proposal Forms and such terms and conditions shall be an integral part of each Proposal awarded (“Contract”).

(I) DEFINITIONS

“Contract” - an awarded Proposal comprised of the entire Proposal Documentation,

(i) Terms and conditions of the RFP (ii) Proposal submitted by Vendor and awarded by ESBOCES and (iii) any terms and conditions negotiated by ESBOCES

“Cost Proposal Form” - the attachment which the Vendor uses to submit a cost Proposal

“Eastern Suffolk BOCES” or “ESBOCES” - Board of Cooperative Educational Services, First Supervisory District of Suffolk County

“Notice to Proposers” - a formal statement that, when issued, constitutes an invitation to submit Proposals on the services, materials, and supplies, described in the Specifications

“Proposal” - RFP Documents submitted in response to this request

“RFP” – Request for Proposal - an offer to furnish services, supplies or materials in accordance with the proposed Documents.

“RFP Documents” - Proposal Memorandum, Notice to Proposers, Specifications, General Terms and Conditions and Proposal Forms submitted in a Request for Proposal

“RFP Forms” - forms which Vendor completes and includes in Proposal as part of the proposed Documents

“Successful Vendor” - Vendor(s) or Proposer(s) to whom an award is made by ESBOCES

“Specification” - description of services, materials, and supplies, and the conditions for their provision

“Vendor” or “Proposer” - any entity (e.g., individual, partnership, organization, institution, agency, municipality, government, company or corporation) submitting an offer in response to this RFP.

(II) INSTRUCTIONS TO VENDORS

1. Sealed Proposal Documents for the furnishing and delivering, of the services, supplies or materials as required by ESBOCES, and as set forth in the Proposal Documents must be received no later than 2:00 p.m., on August 4, 2026, at the ESBOCES Purchasing Office, 201 Sunrise Highway, Patchogue, NY 11772. In the event that ESBOCES Purchasing Office is closed the day of the Proposal Opening, the Proposal(s) will be received at the same time, on the next day that the ESBOCES Purchasing Office is open.

2. All Proposals must be submitted on and in accordance with the Proposal Documents and provided by

Proposer, in a sealed envelope addressed to ESBOCES Purchasing Department, at 201 Sunrise Highway, Patchogue, NY 11772 on or before the hour and day stated above, and the envelope shall be endorsed on its face with (i) the name of person, firm, or corporation submitting a Proposal, (ii) the Proposal number and name, and (iii) the date of Proposal opening.

3. Each Proposal must be submitted under separate cover and will be considered on its own merits. Each

Proposal must be separate and apply only to this designated Proposal package. Any Proposal offered in combination with another designated Proposal package will not be accepted. Vendors wishing to submit an alternate Proposal must do so as a separate Proposal package to be considered for award.

4. Facsimile, electronic, telephone, or verbal Proposals will not be accepted or considered.

5. Proposals received after the time stated in the Notice to Proposers will not be considered and will be returned to the Proposer unopened. The Proposer assumes the risk of any delay in the mail or in the handling of the mail by ESBOCES employees. The Proposer assumes all responsibility for having the Proposal deposited on time to the Purchasing Department.

6. Each Proposer is requested to carefully read the Proposal Documents as each Proposer will be held to strict compliance with such documents. Failure to fulfill any requirements of the Proposal Documents may result in the Proposal being considered non-responsive.

7. No modifications or additions are to be made to the printed Proposal Documents. In the event the

Proposer deems that modifications are necessary, such modifications must be set forth in writing to ESBOCES in a separate document and submitted with the Proposal Documents to be considered.

However, any modifications or additions submitted may result in the Proposal being considered non-responsive.

8. All information required in the Proposal Documents must be provided by the Proposer to constitute an acceptable Proposal.

9. ESBOCES will interpret the submission of a Proposal to mean that the Proposer is fully informed as to the extent and character of the services, supplies and materials required and that the Proposer can furnish same in complete compliance with the Proposal Documents.

10. No charge will be allowed for federal, state, or municipal sales and excise taxes, from which the political subdivisions are exempt, or for any portion of a gross receipts tax, MTA surcharge or other tax or surcharge which was imposed upon the vendor. All Proposal prices shall be net and shall not include the amount of any such tax. Exemption document, if required, will be furnished on forms provided by the Successful Vendor.

11. All prices must be included on the Cost Proposal Form in the exact format provided by ESBOCES.

12. Prices, and all required information, except signature of Proposer, should be typewritten for legibility.

Illegible or vague Proposals may be rejected. Signatures may be written or electronic. Printed or typewritten signatures are not acceptable. ESBOCES may confirm electronic signatures with the Bidder

13. The non-collusive certification must be filled out in its entirety and included with each Proposal as required by ESBOCES. Under penalty of perjury, the Proposer certifies that:

A. The prices in the Proposal have been arrived at by the Proposer independently and have been submitted without collusion with any other vendor of services, supplies and materials of the type described in the invitation for Proposals.

B. The contents of the Proposal have not been communicated by the Proposer, or, to the Proposer’s best knowledge and belief, by any of its employees, or agents, to any person not an employee or agent of the Proposer or its surety on any bond furnished herewith prior to the official opening of the Proposal.

14. The forms listed below must be completed and included with each Proposal and all Proposers must sign this General Terms and Conditions portion of the Proposal Documents under the section entitled Section (VIII) “Entire Agreement”.

A. Vendor Acknowledgement and Information Form – Exhibit A B. Vendor Reference Form – Exhibit B C. Non-Collusive Bidding Certification – Exhibit C D. Disclosure Form – Exhibit D E. Affidavit of Compliance – Exhibit E F. Iran Divestment Act Compliance Rider – Exhibit F G. Cost Proposal Form (See Specifications) - Attachment A H. Insurance Documents as required – Attachment B I. Addenda – As Applicable – Attachment C

Please note: Conflict of Interest document must be provided by Vendor as stated in the Specifications, the section entitled: Vendor Profile and Requirements.

15. No interpretation of the meaning of the Proposal Documents will be made to any Vendor orally. Every request for such interpretation should be in writing, addressed to ESBOCES. Any interpretations issued will be in the form of addendum/addenda to the Proposal Documents. All addendum/addenda so issued shall become a part of the Proposal Documents.

16. The Vendor Proposal Documents should include the Cost Proposal Form as detailed in the

Specifications.

17. The failure to submit a Proposal on the forms provided by ESBOCES may be grounds for Proposal rejection.

18. No “conditional” freight charges will be accepted. All freight charges must be included within

Proposal submission. Fuel charges or surcharges under any name will not be assessed.

19. ESBOCES may make any investigation it deems necessary to determine the ability of the Proposer to perform the work, and the Proposer shall furnish to the ESBOCES all such information and data for this purpose as ESBOCES may request.

(III) PURPOSE

20. The purpose of this Request for Proposal (“RFP”) is to solicit Proposals from qualified Vendors to provide construction management services for ESBOCES. The construction firm must be willing to tailor services to meet the specific needs of ESBOCES, with diverse operations and missions.

The award of the Proposal may be subject to a formal written contract with ESBOCES. In the event there is no additional Contract, this RFP, inclusive of any negotiated term(s) between ESBOCES and the Successful Vendor, shall govern. The contract will be awarded to the Vendor(s) best meeting the needs of ESBOCES. Note that the lowest-cost Vendor may not be the best suited to meet the needs of ESBOCES.

In accordance with §104b of General Municipal Law and ESBOCES’ policies and procedures, goods and services such as contracts for professional services, requiring special skill or training, are not required by law to be procured through competitive bidding, but must be procured under terms which are fair and reasonable and in a manner so as to assure the prudent and economical use of public monies.

(IV) ADDITIONAL DEFINITIONS

21. The following definitions are used throughout the Specifications of this RFP:

• “CM” - Construction Manager

• “A&E” - Architect & Engineer

• “Owner” - Eastern Suffolk BOCES

• “RFI” - Request for Information

(V) CONTRACT TERM / ESCALATION

22. The Contract, once awarded, shall be in effect from October 1, 2026 to September 30, 2027 with an option to renew for four (4) additional years in one-year increments, including leap years, at the discretion of ESBOCES, not to exceed the prices indicated in the Vendor’s RFP submission.

23. In the event ESBOCES exercises its right to extend this Contract, the Successful Vendor may increase prices effective upon the start of a Renewal Term by an amount equal to the current percentage published by the United States Department of Labor Bureau of Labor Statistics Northeast Region consumer price index for all Urban Consumers (CPI-U) - May, which is usually published in June of each year, not to exceed 2% if the CPI is under 5%. If the CPI is 5% or higher, the Successful Vendor may increase their prices up to 4%. In the event the percent increase creates a number containing more than two digits beyond the decimal point, the resulting increase will be rounded to the nearest cent. ESBOCES must be notified in writing by the Successful Vendor of any request for a price increase at least 60 days before the Renewal Term.

(VI) REQUESTS FOR CLARIFICATION / ADDITIONAL INFORMATION

24. All requests for clarification or additional information related to this RFP must be submitted in writing by mail, fax, or e-mail on or before 4:00 p.m., on July 28, 2026 to:

Ms. Jeanette Corona

Purchasing Administrator Board of Cooperative Educational Services First Supervisory District of Suffolk County

201 Sunrise Highway Patchogue, NY 11772

E-Mail: purchasing@esboces.org

In the event ESBOCES provides clarification or supplemental information to this RFP, all recipients of this RFP will receive the information via an addendum to this RFP, which shall be posted on the following website: www.empirestatebidsystem.com. All addenda so issued shall be signed by each Proposer and returned with the RFP submission.

(VII) VENDOR PROFILE AND REQUIREMENTS

25. The following represents the general requirements of this RFP:

A. The Vendor must provide documentary evidence of construction management qualifications. In setting forth its qualifications, each Vendor shall, in concise but adequate detail:

1. Provide documentary evidence that the Vendor is an established construction management company/firm, having conducted business as such for at least five (5) years as well as a brief description of its business activities and history;

2. Provide documentary evidence of the Vendor’s ability and experience of delivering projects on time and on budget;

3. Provide the names of the company/firm’s officers and associates and the title of person(s) submitting the Proposal, the main office address, and primary and secondary points of contact and their telephone, mobile and fax numbers (including area codes);

4. Detail the approach the Vendor will use to satisfy the requirements of this Request for Proposal;

5. Describe how needs specific to the public sector, were met. Highlight any experience specific to BOCES or school districts on previous projects;

6. Provide information on the circumstances and status of any disciplinary action taken or pending against the Vendor during the past three (3) years with federal or state regulatory bodies or professional organizations;

7. Provide any additional information that the Vendor feels would distinguish the company/firm in its service to ESBOCES.

B. References – The Vendor must list the most significant service engagements on the Vendor Reference Form (Exhibit B), performed in the last five years that are similar to the services described in this RFP. Indicate the scope of services, date, and the contact name, address, and telephone number of the principal contact. ESBOCES may request a full client list to determine the quality and type of services performed.

C. Team Composition – The Vendor must identify the composition of the proposed team which will perform the services (“Team”). The Vendor must also describe the experience of the individuals that will be assigned to ESBOCES including their position level and role in the services to be provided and licenses obtained. The Vendor must also indicate whether the persons assigned to ESBOCES are current employees of the firm or are proposed to be hired as subcontractors subject to the prior written approval of ESBOCES. ESBOCES reserves the right to reject any of the Successful Vendor’s staff, which ESBOCES, at its sole discretion, may deem unqualified. The Successful Vendor must respond to an onsite visit request within two days.

The Vendor must also inform ESBOCES if it has an office in Nassau or Suffolk County with the RFP submission and the office location from which the Team will work.

D. All quotes and invoicing generated from an award of this RFP must reflect pricing as indicated on the Cost Proposal Form.

E. Conflict of Interest and Independence – The Vendor must disclose all conflicts of interest both in fact and/or in appearance. In addition, the Vendor shall give ESBOCES written notice of any professional relationships giving rise to potential conflicts of interest entered into during the period of the contract. The Vendor must also indicate, in writing, if there is no conflict of interest.

(VIII) SCOPE OF SERVICES

VIII (a)Summary:

Over the next several years Eastern Suffolk BOCES will be undertaking approximately $1,000,000 per year in capital projects. The scope of projects will vary by year but will be provided well in advance of construction to allow the CM to be involved in the project design phase. As a result, there will be times that on-site CM services will not be needed but through the team approach (A&E, CM and ESBOCES) manpower requirements can be forecast. Additionally, ESBOCES is locally unique in that our four main campuses (Riverhead, Westhampton Beach, Bellport and Oakdale) are separated by great distance and during times of multiple small projects at different locations will require consideration of travel or the use of multiple staff.

Successful Vendor must ensure that the safety and health of the students, staff and trades are protected during the course of each project.

Successful Vendor must ensure that the project(s) schedule(s) does not impact ESBOCES teaching and business operations.

Successful Vendor must lead the project(s) in a professional manner. In doing so, the CM must:

1. Identify concerns.

2. Be aware of project schedule and take appropriate action to ensure the project schedule is adhered to.

3. Coordinate accordingly between the trades.

VIII (b) Required Services:

The Construction Manager (CM) shall be responsible for all construction projects that may be selected by ESBOCES. Services shall include:

1. Pre-Construction responsibilities (include the following):

a. Construction scheduling/estimating

b. Specification front end review

c. Budget Cost Estimation

d. Value Engineering

2. Review and comment on the design plans and specifications.

3. Ensure the contractor submittals are provided by contractors on time pursuant to the plans and specifications, reviewed, approved, logged, cataloged, and ordered in a timely fashion.

4. Review and ensure the contractors include all details of work.

5. Ensure the contractors perform all pre-construction, construction and post-construction testing balancing , inspections, measurement, etc.

6. Building and site logistics planning (construction implementation plans)

a. Oversee and document all pre-construction and construction site activities including but not limited to soil borings, mock-ups, asbestos and lead testing, exploratory.

b. Building and site logistics planning (construction implementation plans).

7. Full time on-site representation for all projects. Dedicated Project Manager(s) assigned to ESBOCES. At minimum, one dedicated Site Construction Supervisor per individual project.

Full time on-site representation may require on site representation for nights, weekends and or holidays, if applicable for oversight of contractual work hours or as designated by the agency.

The construction manager will be required to staff the nights, weekends, and or holidays if required, or designated by the owner.

8. Construction Manager must have the ability to acknowledge non-conforming construction with the Architect’s contract documents, federal, state, local laws and NY State Education Department regulations.

9. Owner may request to interview the proposed project manager and site supervisor prior to commencement in construction oversight roles in the agency to ensure the candidate meets qualifications and experience that align with specific project scope and responsibilities of the position. Owner will have the right to authorize project managers and site supervisors following the interview process.

10. Ability to read and interpret and understand contract documents in their entirety.

11. Will conduct weekly job construction meetings at the frequency the project requires and / or

Architect and Owner request. Must provide meeting agenda’s and minutes in an orderly and timely fashion.

12. The Construction Manager, with Owner approval, will provide introduction to NYS Code Enforcement Officials and /or local building fire officials to keep them abreast of project status.

13. Construction Manager to ensure the contractors provide the project schedule to the Architect and Owner and the weekly updates of the contractors.

14. Construction Manager must not make any design changes without written authorization from the Architect.

15. Construction Manager shall keep a daily log of site activity and transmit same to the Architect and Owner weekly.

16. Coordinate the time of deliveries of materials to the site to prevent interference with school activities.

17. Review and comment on all payment requisitions in writing and forward comments to the Architect for their approval.

18. Enforce State Education Department “Rescue Regulations”.

19. Construction Manager shall keep a copy of all approved shop drawings and approved supplementary drawings on site in addition to the contract documents utilized for bidding.

20. Oversee and document all required testing.

21. Preliminary review of all RFI’s submitted to the Architect during the Bid and construction phases for viability and accuracy.

22. Maintain communication with ESBOCES and building administrators as to status of construction.

23. Provide daily, weekly, monthly updates and/or reports of construction progress to the

ESBOCES Board, Administration, and the Architect.

24. Update and refine the construction cost estimate(s) by submitting monthly cost reports as the work progresses.

25. Under no circumstances may the Construction Manager authorize or recommend work which exceeds ESBOCES budget for the project(s).

26. Maintain accounting records on all construction related work and costs in conjunction with

ESBOCES Business Office.

27. Invoices and certified payrolls should first be sent and approved by the CM, who will forward to the Owner for payment.

28. Final punch list resolution.

29. Close out of insurance /bonds.

30. Final payments /adjustments.

31. Coordinate ESBOCES staff training of installed or upgraded systems.

32. Coordinate the submission of “As Built” drawings.

33. Ensure operation and maintenance manuals for the installed systems are provided and correct.

34. Construction Manager must provide post-construction project support.

(IX) COST PROPOSAL / PRICING REQUIREMENT

26. Each Vendor must submit the proposed cost on the Cost Proposal Form - Attachment A. The cost shall contain all pricing information relative to providing the services as described in this Request for Proposal. No additional costs will be allowed for direct or indirect costs including any out-of-pocket expenses, set-up fees (if any), payment terms, travel expenses, participant materials, and any other incidentals. ESBOCES shall not be responsible for expenses incurred in preparing and submitting the Proposal. Such costs shall not be included in the Proposal. Proposal prices must be all inclusive of shipping, handling, and delivery, where applicable. Proposal prices must be all inclusive of all labor, materials, administrative overhead, travel expenses, mileage, postage, and any other ancillary fees necessary to complete the scope of work.

(X) RFP SUBMISSION INSTRUCTIONS

27. Vendors must submit an original Proposal (identified as such) and (7 copies in a sealed envelope and must indicate the following information on the outside of the package:

A. Vendor’s name and address B. RFP number and title C. RFP due date

28. Vendors must submit the Proposal by the date and time indicated in the notice to Proposers to:

Attention: Purchasing Office 201 Sunrise Highway Patchogue, NY 11772

29. There is no expressed or implied obligation for ESBOCES to reimburse Vendors for any expenses incurred in responding to this RFP, including, but not limited to preparing Proposals, attending a pre- Proposal conference or interview(s).

30. Submission of a Proposal indicates acceptance by the Vendor of the terms and conditions contained in this RFP.

(XI) RFP ORGANIZATION AND FORMAT

31. The Proposal must be submitted in three sections. In SECTION ONE the Vendor must provide the information requested immediately below. In SECTION TWO the Vendor must provide (i) the information requested in the Section entitled “Vendor Requirements” and (ii) any requirements set forth in the Section entitled “Scope of Services” in the order requested. In SECTION THREE the Vendor must provide the total cost of the services in the Cost Proposal Form - Attachment A.

32. The Vendor must provide information in a manner that allows for ease of photocopying.

33. Proposals shall not be excessively long or submitted in an elaborate format that includes expensive binders or graphics. Unnecessary attachments beyond those sufficient to present a complete, comprehensive, and effective response will not influence the evaluation of the Proposal.

34. Proposals shall be in plain typeface and submitted on 8.5 by 11-inch paper.

35. The Vendor is required to organize the Proposal in the following manner:

SECTION ONE:

A. Title Page – Indicate that the document is a Construction Management Services, RFP #27-19- 0804 and include the following:

1. Date

2. Vendor name

3. Main address

4. Local address

5. Telephone number

6. Fax number

7. E-mail

8. Contact person

B. Table of Contents C. Letter of Transmittal – the signed and dated Letter of Transmittal shall include the following:

1. A brief certification that the Vendor has read and understood the RFP Specifications services within the time period and in accordance with RFP Specifications;

2. A statement with respect to why the Vendor believes it is the best qualified to perform the services;

3. A statement that the Proposal is a firm and irrevocable offer;

D. Vendor Acknowledgement and Information Form – Exhibit A E. Vendor References Form – Exhibit B F. Non Collusive Bidding Certification – Exhibit C G. Disclosure Form – Exhibit D H. Affidavit of Compliance – Exhibit E I. Iran Divestment Act Compliance Rider – Exhibit F J. Signed Entire Agreement, found on page 16 of General Terms & Conditions K. Insurance Requirements – Attachment B L. Addenda – As Applicable – Attachment C

SECTION TWO:

A. Vendor Profile and Requirements in the order the information was requested.

B. Requirements as set forth in Section VIII Scope of Services, in the order the information was requested.

SECTION THREE:

Cost Proposal Form - Attachment A.

(XII) PROPOSAL SCORING AND EVALUATION

36. ESBOCES will form a committee to evaluate the Proposals using the following criteria:

Description Points

1) Vendor’s compliance with and responsiveness to the RFP 15

2) Ability to perform requirements and/or Scope of Services 25

3) Experience with similar projects or services 20

4) Prior experience with ESBOCES and/or New York State school districts 15

5) Qualifications and experience of key personnel 15

6) Cost 10

The Vendor who scores the highest on the evaluation criteria above, may be awarded this Request for Proposal. The committee may invite the top two or three qualified Vendors for an interview, based on the result of each Vendor’s score of evaluation criteria indicated above. A Vendor must score 80% or higher to be considered for award. The committee will make reasonable attempts to schedule each interview at a time that is agreeable to the Vendor. Failure of a Vendor to report to an interview on the date scheduled may result in rejection of the Vendor’s Proposal. Points for cost will be assigned on the basis of ratio from low to high, meaning the Vendor with the lowest cost will be assigned the highest point value; second lowest cost will be assigned a point value in descending order in relation to how many RFP submittals are received.

(XIII) CONFLICTING TERMS

37. If any terms contained within the General Conditions conflict with these Specifications, these Specifications shall govern.

(XIV) USAGE REPORTS

38. The Successful Vendor must provide usage reports detailing services provided to ESBOCES during the Contract on forms supplied by ESBOCES. Usage reports shall include the following information:

A. Total Dollar Value for all services provided from this RFP.

39. Usage reports are a requirement of accepting an Award from this RFP. ESBOCES will provide a spreadsheet for the Successful Vendor to complete to submit their usage, in accordance with Bid requirements. Such reports shall be compiled and delivered by the Successful Vendor to the Purchasing Office of Eastern Suffolk BOCES at 201 Sunrise Highway Patchogue, NY 11772 or e-mailed to purchasing@esboces.org by close of business as follows:

Report Period - Annual (and for extensions if applicable) Report Due October 1, 2026 - May 31, 2027 June 7, 2027 June 1, 2027 - May 31, 2028 June 7, 2028 June 1, 2028 - May 31, 2029 June 7, 2029 June 1, 2029 - May 31, 2030 June 7, 2030 June 1, 2030 - May 31, 2031 June 6, 2031

40. A failure to report in accordance with the above paragraphs may be considered a material breach of this Contract. In such event, ESBOCES reserves the right not to consider Successful Vendor for future proposals.

Purchasing Office

Patchogue, New York 11772 Voice: (631) 687-3160

Fax: (631) 289-2327 E-mail: purchasing@esboces.org

GENERAL TERMS AND CONDITIONS

(I) AWARD AND RESERVATION OF RIGHTS

1. The Contract will be awarded to the responsive and responsible Vendor offering the Proposal response that best meets the terms, conditions and Specification criteria stated in the RFP. Such response(s) shall be evaluated by the evaluation committee and the committee shall score each Proposal. Unless otherwise provided by the Specifications, the Vendor that scores the highest by the evaluation committee may be awarded the Contract. If not awarded, the Proposal will be rejected within ninety (90) days of the date of the opening of the Proposal, subject, however, to the discretionary right reserved by ESBOCES to waive any informalities in, or to reject any or all Proposals and to advertise for new Proposals, if in its opinion, the best interest of ESBOCES will thereby be promoted. Depending on the RFP, there may be more than one Successful Vendor.

2. ESBOCES reserves the right to make awards within ninety (90) days after the date of the Proposal opening.

3. ESBOCES reserves the right (if applicable) to inspect the Proposer’s physical facilities prior to award.

If the facility is found to be insufficient for the services specified herein, ESBOCES reserves the right to reject the Proposal.

4. If two (2) or more Proposers submit Proposals which result in an identical evaluation criteria score, the decision of ESBOCES to grant an award to one of such Proposer within its sole discretion shall be final.

5. ESBOCES reserves the right to reject all Proposals. ESBOCES also reserves the right to reject, for cause, any Proposal in whole or in part; and to waive any and/or all non-material defects, qualifications, irregularities, omissions and informalities in, or to reject and/or all Proposals and to re-advertise for new proposals, if, in its judgment, the best interests of ESBOCES will be served.

6. ESBOCES reserves the right to reject incomplete Proposals. ESBOCES also reserves the right to request additional data or material from a Proposer at any time. All material submitted in response to this RFP will become the property of ESBOCES upon the opening of this Proposal.

7. ESBOCES reserves the right to reject Proposals that impose conditions that would modify the terms and conditions of the Proposal Documents or limit the Vendor’s liability to ESBOCES on the Contract awarded on the basis of such Proposal.

8. ESBOCES reserves the right to reject any Proposal where investigation and evaluation of the Vendor's qualifications indicate that the Vendor may not promptly and efficiently complete the services as per the Specifications.

9. ESBOCES reserves the right to negotiate the terms of the RFP, including the award amount, with the selected Vendor(s) prior to entering into a Contract. In the event there is no additional contract this RFP, inclusive of any negotiated terms, shall govern.

10. ESBOCES reserves the right to retain all Proposals submitted and to use any ideas in a Proposal regardless of whether that Proposal is selected.

11. Each Proposal will be received with the understanding that the acceptance thereof, in writing, by ESBOCES to furnish any or all of the services described therein shall constitute a contract between the Successful Vendor and ESBOCES (“Contract”). The Contract shall bind the Successful Vendor to furnish and deliver at the prices and in accordance with the conditions of this Proposal. ESBOCES reserves the right to increase or decrease the services required as compared to the estimated quantities listed on the Cost Proposal Form.

12. All Proposals, with consideration to the escalation clause (inclusive of pricing), will be held firm for the duration of the Contract including any extensions agreed to in writing by the parties.

13. No Items are to be shipped or services rendered until receipt of an authorized purchase order from

ESBOCES.

14. The placing in the mail of a notice of award to a Successful Vendor, to the address given in the Proposal, will be considered sufficient notice of award of Contract and will be considered an acceptance of the Contract by the Successful Vendor.

15. Any addenda sent to the Proposers shall be binding and take precedence over the section of the original

Proposal Document which it replaces.

16. If the Successful Vendor fails to deliver or provide the services within the time specified, or within reasonable time as interpreted by ESBOCES, or fails to correct services that were provided insufficiently, or fails to replace rejected related supplies and/or equipment when so requested, immediately or as directed by ESBOCES, ESBOCES may purchase services from other sources to take the place of the services or related supplies or equipment rejected, not delivered or not provided in accordance with the RFP Specifications. ESBOCES reserves the right to authorize immediate purchase from other sources against rejections on any Contract when necessary. On all such purchases, the Successful Vendor agrees to reimburse ESBOCES promptly for excess costs occasioned by such purchases. Should the cost be less, the Successful Vendor shall have no claim to the difference. Such purchases will be deducted from Contract quantity.

17. In the sole discretion of ESBOCES, a proposal may be rejected and the Contract not awarded to a

Vendor whose performance on a previous contract with ESBOCES has been determined to be unsatisfactory.

(II) GUARANTEES BY THE SUCCESSFUL VENDOR

18. The Successful Vendor Guarantees if Applicable:

A. To furnish liability insurance in accordance with the Proposal Documents for protection in the event of damage(s) of any kind for which Successful Vendor or Successful Vendor’s organization is responsible;

B. To carry insurance in accordance with the Proposal Documents to protect ESBOCES from loss in case of accident, fire, theft, etc.;

C. To provide valid insurance documents to Eastern Suffolk BOCES within two (2) weeks of RFP award;

(III) SUCCESSFUL VENDOR INSTRUCTIONS/RESPONSIBILITY

19. By submission of this RFP, each Proposer and each person signing on behalf of any Proposer certifies, and in the case of a joint RFP, each party thereto certifies as to its own organization, under penalty of perjury, that the Proposer 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 201-g of the New York State Labor Law.

20. Miscellaneous

A. The Successful Vendor must follow the rules and regulations and Board Policies of ESBOCES where services pursuant to the Proposal are being performed. This includes but is not limited to Vendor employees wearing photo identification cards. Refer to the following web link for the ESBOCES Board policies: http://edocsp.esboces.org/.

B. The Successful Vendor shall be solely responsible for complying with all applicable laws, regulations, etc., for the services herein. The cost of such compliance shall be borne entirely by Vendor, who shall indemnify, defend, and hold ESBOCES harmless from any claims, demands or penalties arising from Vendor’s failure to comply with the above.

C. All pricing must be entered on the Cost Proposal Form including shipping and handling.

21. Delivery - See Specifications when applicable

A. Unless otherwise stated in the Specifications, all Items must be delivered into and placed at a designated point within the building. The Successful Vendor will be required to furnish proof of delivery in every instance, if applicable.

22. Payments

A. Payment shall be made, in US currency, within sixty (60) days following the satisfactory completion of the Contract upon approval by ESBOCES.

B. Payment will be made only after a correct, original invoice has been received from Successful Vendor. The invoice must reflect Proposal pricing as provided in the Cost Proposal Form.

C. Payment of any invoice shall not preclude ESBOCES from making a claim for adjustment for any services found not to have been in accordance with the Proposal Documents.

23. Termination of Contract

A. ESBOCES reserves the right to terminate the Contract, for any reason, in whole or in part upon fifteen (15) days written notice to the awarded Vendor. If the Contract is so terminated, ESBOCES shall be liable only for payment in accordance with the payment provisions of the Contract for services rendered or materials purchased prior to the effective date of cancellation.

No early termination or other penalties may be charged to ESBOCES because of its decision to exercise this right;

B. In the event the Successful Vendor fails to deliver services or materials as requested, or within the time specified, or fails to abide by any of the provisions of this Contract, such failure shall constitute a breach of Contract and may result in termination of the Contract by ESBOCES.

Such subcontractors or others hired to perform, shall be bound by the terms of this Contract;

and

C. In the event of breach, ESBOCES shall provide written notice to the Successful Vendor of such breach. If the Successful Vendor does not cure such breach within ten (10) days after receipt of such notice, ESBOCES reserves the right to terminate said Contract immediately thereafter.

In the event of such termination, (i) the required services and materials, etc., may be procured from other sources so that the continuity of the operations may be protected; (ii) the said Successful Vendor agrees to reimburse ESBOCES promptly for any excess costs occasioned by such procurement; and (iii) the terminated Successful Vendor agrees to reimburse ESBOCES promptly for any additional monetary expenditures occasioned by such procurement. However, should the Successful Vendor cure such breach and perform its obligations during such ten (10) day notice period, the Contract shall continue in full force and effect;

D. In the event ESBOCES agrees, upon Successful Vendor’s request, to rescind a line Item(s) or a particular service(s) under the Contract, due to Successful Vendor’s inability to provide such service(s) or materials, (i) the required services or materials, may be procured from other sources so that the continuity of the operations may be protected; (ii) the Successful Vendor http://edocsp.esboces.org/ agrees to reimburse ESBOCES promptly for excess costs occasioned by such procurement;

(iii) the Successful Vendor agrees to reimburse ESBOCES promptly for any additional monetary expenditures occasioned by such procurement; and (iv) Successful Vendor must continue to fulfill all purchase orders in accordance with the RPF Documents for those Items/services not terminated.

24. Non- Assignment

A. The Successful Vendor will give its personal attention to the faithful performance of this Contract. It will not assign, transfer, convey, sublet, use brokers or otherwise dispose of this Contract, or its right, title or interest in or to the same or any part hereof, and it will not assign by power of attorney or otherwise any of the monies to become due and payable under this Contract, unless by and with the previous written consent of ESBOCES endorsed upon or attached to the assignment filed in said offices.

B. The Successful Vendor may not engage subcontractors, hire others to perform all or part of this Contract, nor otherwise delegate his obligations to perform under this Contract without the prior written approval of ESBOCES. Such subcontractors or others hired to perform shall be bound by the terms of this Contract.

C. In accordance with New York State General Municipal Law 109, at no time during the duration of any Contract resulting from this Proposal, shall the Successful Vendor be allowed to assign any portion of this Contract to a third party without prior written approval by ESBOCES.

25. Non-Appropriation

In accordance with the New York State Education Law (§1725, §1725-a, and §1950), and §109-b of the General Municipal Law, all contracts executed as a result of this RFP may include standard language regarding "non-appropriation and cancellation for convenience." In the event that ESBOCES must terminate a contract for non-appropriation of funds, ESBOCES agrees to pay all outstanding balances, plus earned interest to the date of cancellation. Unearned interest shall not be charged and no other charges including, but not limited to, penalty charges, service charges, or early payment charges may be assessed.

26. Force Majeure

ESBOCES and/or the Successful Vendor shall not be held responsible for any losses resulting if the fulfillment of the terms of the Contract that shall be delayed or prevented by wars, acts of public enemies, strikes, fires, floods, acts of God, epidemics, pandemics, government orders, or any other acts not within the control of ESBOCES and/or the Successful Vendor, and which, by the exercise of reasonable diligence, ESBOCES and/or the Successful Vendor are unable to prevent.

27. Severability

Should any provision of this Contract, for any reason, be judicially declared invalid and/or unenforceable, such declaration shall not affect the validity of the remaining provisions, which shall remain in full force and effect as if the Contract had been executed with the invalid provision(s) eliminated.

28. Failure to Enforce

ESBOCES’ failure to enforce at any time, or for any period of time, the provisions of this Contract shall not be construed to be a waiver of such provisions or of the right to enforce each and every provision.

29. Indemnification and Hold Harmless

The Successful Vendor agrees to defend, indemnify and hold harmless ESBOCES, their officers, directors, agents, or employees against all claims, costs, damages and expenses, including attorneys’ fees, judgments, fines and amounts arising from any willful act, error or negligence of the Vendor, its officers, directors, agents or employees in relation to the performance of the Contract.

30. Venue

The Proposal/Contract shall be interpreted in accordance with the substantive and procedural laws and regulations of the State of New York and applicable Federal laws and regulations. Any lawsuit(s) concerning the Proposal/Contract will be brought and adjudicated in Supreme Court, Suffolk County.

31. Toxic Substance

The Successful Vendor must supply information on any Items which contain any substance that is listed in the latest printed edition of the National Institute for Occupational Safety and Health Registry of Toxic Effects of Chemical Substance or which has yielded positive evidence of acute or chronic health hazards in human, animal, or other biological testing. Such information shall be sent to ESBOCES and shall be in conformance with New York State Law. Such information shall include:

A. The name or names of the toxic substance including the generic or chemical name;

B. The trade name of the chemical and any other commonly used name, to be hazardous, if known;

C. The level at which exposure to the substance is determined to be hazardous, if known;

D. The acute and chronic effects of exposure at hazardous levels;

E. The symptoms of such effects;

F. The potential for flammability, explosion, and reactivity of such substance;

G. Appropriate emergency treatment;

H. Proper conditions for safe use and exposure to such toxic substance;

I. Procedures for clean-up of leaks and spills of such toxic substance;

Each Successful Vendor furnishing a toxic substance, as defined by Section 875 of New York State Labor Law, to ESBOCES shall provide at least two (2) copies of a safety data sheet (SDS), which shall include for each substance the information outlined in Section 876 of New York State Labor Law. For additional information, Chapter 551 of the Laws of New York, 1980, Article 28 (toxic substances) can be found on pages TS-1 and TS-2.

(IV) TAX LAW CERTIFICATION REQUIREMENT

32. Tax Provisions: Purchases made by ESBOCES are not subject to state or local sales taxes or federal excise taxes. To satisfy the requirements of the New York State sales tax, either the purchase order issued by an agency or institution of New York State for supplies or equipment or the voucher forwarded to authorize payment for such supplies and equipment will be sufficient evidence that the sale by a contractor or vendor was made to the State of New York, an exempt organization under Section 1116(a)

(1) of the New York State Tax Law.

A. Exemption certificates for federal excise taxes will be furnished upon request.

B. No person, firm, or corporation is, however, exempt from paying the New York State truck mileage and Unemployment Insurance or the federal social security taxes.

C. Effective April 28, 2006, Laws 2004, Chapter 60, Part N Tax Law, Section 5-a, as amended, became effective and applies to contracts resulting from solicitations to purchase products or services issued by covered agencies for contracts valued in excess of $100,000.

D. The law requires that, prior to approval of contracts valued at more than $100,000, vendors certify that they, their affiliates, subcontractors and the affiliates of their subcontractors have a valid certificate of authority to collect New York State and local sales and compensating use taxes if the vendors, affiliates, subcontractors and the affiliates of their subcontractors have made sales delivered by any means to locations within New York State of tangible personal property or taxable services having a cumulative value in excess of $300,000, during the four quarterly periods ending on the last day of February, May, August, and November which immediately preceded the quarterly period in which this certification is made. Vendors must also certify to the contracting covered agency, at specified intervals during the terms of multi-year contracts and those contracts subject to renewal upon expiration of an initial or renewal term that they, as well as their affiliates and subcontractors making sales delivered within New York State, have a valid certificate of authority to collect New York State and local sales and compensating use taxes.

E. Proposed Vendors to New York State are hereby notified that provisions to meet the statutory requirements will be contained in all Proposal Documents for products and services valued in excess of $100,000. Proposed Vendors will be required to affirm, immediately upon request by the Office of General Services if affirmation is not contained in the Proposal Documents, that proposed Vendors, and to the best of their ability that their affiliates, subcontractors and subcontractors’ affiliates are duly registered with the Tax Department and hold a valid certificate of authority.

The Tax Department is prepared to answer all questions relating to implementation of this law.

Please refer to the Tax Department’s web site for detailed information: http://www.tax.ny.gov/.

The Tax Department may also be reached at 1-518-485-9863 for additional clarification.

(V) MARKETING CLAUSE

33. A. The Successful Vendor is prohibited from selling or marketing products for any purpose which is prohibited under Federal or New York State Law or the Regulations and decisions of the Commissioner of Education. Any violation of this provision shall be considered a breach of contract and may result in termination of the contract.

B. The Successful Vendor agrees that ESBOCES may periodically review marketing materials distributed by Successful Vendor and/or the Successful Vendor’s website. In the event ESBOCES becomes aware that such marketing materials and/or Successful Vendor’s website contain statements or claims which ESBOCES determines advocate for the use of Successful Vendor’s products in a manner which would violate or are in violation of Federal law, New York State Law, or the rules and regulations of the Commissioner of Education, ESBOCES may notify Successful Vendor of such materials and request that they be removed. In the event Successful Vendor refuses or fails to remove such materials after being so notified, ESBOCES may, in its sole discretion, terminate this Contract.

(VI) ENTIRE AGREEMENT

34. This contract is the entire agreement between the parties relating to the subject matter hereof and supersedes all prior understandings, writings, Proposals, representations, or communications, oral or written, of either party. No additional terms and conditions shall be accepted unless added as addenda by ESBOCES and at the sole discretion of ESBOCES.

All Proposers must sign below to verify that the above has been read and that the terms and conditions of the RFP Documents will be adhered to. In the event Proposer does not sign below, the Proposer may be deemed non-responsive.

Signature

Firm Name http://www.tax.ny.gov/

Vendor Acknowledgement and Information Form

EXHIBIT A

Pursuant to advertisement for the Board of Cooperative Educational Services, First Supervisory District of Suffolk County, requesting RFP’s for:

RFP #27-19-0804: Construction Management Services to be received on August 4, 2026, at 2:00 p.m., the undersigned, as a duly authorized representative of the Vendor, hereby proposes to furnish such services, materials, supplies, and equipment…