BTA Architecture Professional Services RFQ.pdf

Request for Qualifications Backdrop Term Agreement

Professional Services - Architecture

October 6, 2026

SUNY Oneonta Attn: Facilities Construction Contract Admin

108 Ravine Parkway Oneonta NY 13820

~ SUNY ONEONTA

OFFIICE OF FACILl'TI IES AND SAFETY

Backdrop Term Agreement: Professional Services - Architecture

Page 2 of 18 SUNY Procedure 7555; Form 7555-01 November 2025

Table of Contents

1 Request for Qualifications

2 Instructions

2.1 Format of Proposal and Statement of Qualifications

2.2 Pre Bid Meeting

2.3 RFQ Process and Evaluation Criteria

2.4 References

2.5 Additional Information

3 Scope of Services

3.1 Background

3.2 Available Data

3.3 Scope of Services

3.4 Program Budget

3.5 Basic Design Fee

3.6 Subconsultant Staffing

3.7 Time of Completion Schedule

4 General Conditions

4.1 Additional Terms & Conditions

4.1.1 Vendor Debriefing

4.1.2 Proposal/Qualifications Confidentiality

4.1.3 Information Security Breach and Notification Act

4.2 Required Consultant Documentation

4.2.1 Minority & Woman Owned Business Enterprises Participation

4.2.2 Service Disabled Veteran Owned Business Enterprises Participation

4.2.3 Equal Opportunity Requirements

4.2.4 Executive Order 162 (EO162)

4.2.5 Executive Order 177 (EO177)

4.2.6 State Finance Law § 139-l

4.2.7 State Finance Law § 139-j and §139-k (as defined in SUNY Procedure 7552) ... 11

4.2.8 State Finance Law §139-m

4.2.9 Omnibus Procurement Act of 1992 (Form from SUNY Procedure 7553)

4.2.10 Encouraging Use of New York State Businesses in Contract Performance

4.2.11 Required Insurance

4.2.12 Vendor Responsibility

Page 3 of 18 SUNY Procedure 7555; Form 7555-01

4.2.13 State Consultant Services Reporting (OSC Form A and B)

4.2.14 Contract Award Protest Procedure

4.3 Additional Terms & Conditions

5 Attachments

5.1 Terms and Conditions

5.2 Minority and Women Owned Business Enterprise Requirements

5.3 Service Disabled Veteran-owned Business Enterprise Requirements

5.4 Required Consultant Documentation Forms

Page 4 of 18 SUNY Procedure 7555; Form 7555-01

1 Request for Qualifications The State University of New York at Oneonta is seeking qualifications from design teams/firms for a Backdrop Term Agreement.

This backdrop agreement is for Architecture.

The Backdrop Term Consultant Agreement shall be for a three-year (3) term. The maximum cumulative value of consulting services for each agreement will be $3,500,000 and the single project consultant fee limit under each Agreement will be $500,000. There will be four (4) consultants awarded Agreements under this RFQ.

Participation of Women and Minority owned (MWBEs) and Service-Disabled Veteran-Owned

Business (SDVOBs) consultants and sub-consultants is encouraged by SUNY Oneonta. MWBE goals for the projects under this contract are set forth in Section 4.2.1

2 Instructions

Proposals are due by October 29, 2026 at 4:00pm, the Offeror must:

1. Prepare a clearly readable document. Attach all required information.

2. Clearly identify the person(s) from the lead firm who should receive communication from the Facilities Contract Administrator related to contracting procedures; provide email and phone contact information.

3. Indicate any deviations from the specifications and if necessary attach separate documents and/or explanation.

4. Sign the qualifications submittal. By signing the Offeror indicates full knowledge and acceptance of this Request for Qualifications (RFQ) including Exhibits A and A-1. The proposal must be completed in the name of the proposer, corporate or otherwise, and must be fully and properly executed by an authorized person.

5. Submit qualifications in PDF format to the Contract Admin at facilitiescontractadmin@oneonta.edu. Qualifications must be received by the due date and time listed above

6. No cost proposals are to be submitted with the qualifications. Cost proposals will be requested only after a consultant selection is made.

Page 5 of 18 SUNY Procedure 7555; Form 7555-01

2.1 Format of Proposal and Statement of Qualifications

2.1.1 Format of Proposal and Statement of Qualifications

The cover page should state the following:

RFQ Submission

BTA Professional Services - Architecture

Submitted To:

SUNY Oneonta

Facilities Planning

Facilities Construction Contract Admin

108 Ravine Parkway

Oneonta, NY 13820

Submitted By: (Consultant Name and Address)

2.1.2 Cover Letter ( 1 page)

A brief cover letter stating that your firm has reviewed the RFQ and is submitting your qualifications for review. The cover letter must state any exceptions to the RFQ and have the original signature of an officer of the company.

2.1.3 Design Team Qualifications and Experience

General information regarding form responding to the RFQ including services/disciplines offered, years in business, size of firm number of partners and proximity to campus.

2.1.4 Personnel Qualifications and Experience (6 pages maximum) List the key project personnel to be utilized (sub-consultant and in-house personnel)

2.1.5 Project Approach and Capability (2 pages Maximum)

Describe firm approach to project requests under this contract including in-house service and services that would be provided through a sub-consultant, communications and contacts, ability to staff projects and meet schedules, compliance with SUNY Procedures, project/construction administration methodology.

2.1.6 Previous Similar Project Experience (5 pages maximum)

Provide a listing of projects in the last five years relevant to the Scope of services requested in

Section 3. Include project description, firm’s role in project(s), value of the firm’s contract, project(s) dates and up to date reference contact information.

2.2 Pre Bid Meeting

There will be no pre-bid meeting held. Please direct questions to facilitiescontractadmin@oneonta.edu

Page 6 of 18 SUNY Procedure 7555; Form 7555-01

2.3 RFQ Process and Evaluation Criteria

Qualification packages will be evaluated by a selection committee based on the submittal information provided in Section 2.1.

2.4 References

References must be provided with “Previous Experience” portion of your submission as indicated in Section 2.1.

3 Scope of Services

3.1 Background

SUNY Oneonta is seeking qualified design firms for a Backdrop Term Consulting Contract in

Professional Services for Architecture.

Typical projects within the contract include minor interior building renovations, building envelope investigation and remediation, ADA accessibility projects (interior and exterior), elevator upgrades, and various program studies.

3.2 Available Data

For Projects executed under the backdrop term contract, the University will make available to the consultant all existing data within its possession, including but not limited to original drawings and specifications, subsequent alteration and repair documents, maintenance logs, and current service contracts.

3.3 Scope of Services

The services indicated below shall include, but not be limited to the following:

Architectural Services including but not limited to programming, cost analysis, schematic design, construction drawings, specifications and general conditions, bidding and construction phase services, normal to the practice of architecture shall be provided by the selected consultants on a negotiated fee basis for construction projects that total up to $3,500,000 in consultant fees. Each project shall not exceed $500,000 in consultant fees.

3.4 Program Budget

The maximum cumulative value of the consultant Backdrop Term Agreement will be

$3,500,000. The maximum single project consultant fee will be limited to $500,000.

3.5 Basic Design Fee

Fee shall be negotiated with the most qualified consultant.

3.6 Subconsultant Staffing

The consultant shall provide a subconsultant staffing list for the project using Form 7555-15, 7555-16 or 7555-17. This subconsultant staffing list shall include the percent of work to be completed by each subconsultant and indicate whether each subconsultant is a Minority or

Women Owned Business.

http://www.suny.edu/sunypp/lookup.cfm?lookup_id=775 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=776 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=777

Page 7 of 18 SUNY Procedure 7555; Form 7555-01

3.7 Time of Completion Schedule

The term of the contract will be three years. Individual project schedules will be established as projects are initiated. Projects must be initiated within the term contract.

4 General Conditions The following items will be incorporated into, and made part of, the formal agreement: (1)

SUNY’s RFQ; (2) the Successful Offeror's proposal; (3) Exhibit A, Standard Contract Clauses;

(4) Exhibit A-1, Affirmative Action Clauses; and, (5) Exhibit B, Procurement Lobbying Form.

In the event of any inconsistency in or conflict among the document elements of the agreement described above, such inconsistency or conflict shall be resolved by giving precedence to the document elements in the following order: (1) Exhibits A and A-1; (2) Exhibit B, (3) the

Agreement; (4) this RFQ; and (5) the Successful Offeror's proposal.

4.1 Additional Terms & Conditions

4.1.1 Vendor Debriefing

Upon notification of the selection and award of a contract unsuccessful offerers may request in writing a debriefing of the results of their response to this solicitation. Requests for debriefing must be received within a reasonable timeframe, not more than 30 days after notice of award.

4.1.2 Proposal/Qualifications Confidentiality

All proposals and qualifications submitted for SUNY’s consideration will be held in confidence.

However, the resulting contract is subject to the New York State Freedom of Information Law

(FOIL). Therefore, if an Offeror believes that any information in its proposal constitutes a trade secret or should otherwise be treated as confidential and wishes such information not to be disclosed the Offeror shall submit with its proposal a separate letter to the designated contact.

The letter shall specifically identify the page number(s), line(s) or other appropriate designation(s) containing such information, explaining in detail why such information is a trade secret and formally requesting that such information be kept confidential. Failure by an Offeror to submit such a letter will constitute a waiver by the Offeror of any rights it may have under

Section 89(5) of the Public Officers' Law relating to protection of trade secrets.

The proprietary nature of the information designated confidential by the Offeror may be subject to disclosure if ordered by a court of competent jurisdiction. A request that an entire proposal be kept confidential is not advisable since a proposal cannot reasonably consist of all data subject to

FOIL proprietary status.

4.1.3 Information Security Breach and Notification Act

The Offeror shall comply with the provisions of the New York State Information Security

Breach and Notification Act (General Business Law Section 899-aa and State Technology Law, Section 208). The Offeror shall be liable for the costs associated with such breach if caused by its negligent or willful acts or omissions, or the negligent or willful acts or omissions of its agents, officers, employees or subcontractors.

Page 8 of 18 SUNY Procedure 7555; Form 7555-01

4.2 Required Consultant Documentation

4.2.1 Minority & Woman Owned Business Enterprises Participation Pursuant to New York State Executive Law Article 15-A, SUNY recognizes its obligation under the law to promote opportunities for maximum feasible participation of certified minority-and women-owned business enterprises and the employment of minority group members and women in the performance of SUNY contracts.

For purposes of this solicitation, SUNY hereby establishes an overall goal of 30% for MWBE participation, 16% for Minority-Owned Business Enterprises (“MBE”) participation and 14% for

Women-Owned Business Enterprises (“WBE”) participation (based on the current availability of qualified MBEs and WBEs). For additional information please refer to the MWBE requirements outlined in the Prospective Bidders Notice (Form 7557-121c) and Exhibit A-1. Documentation required with the submittal of qualifications includes a/an Subconsultant Staffing List (Forms

7555-15, 16 or 17).and the consultant’s EEO policy statement (or Form 7557-104 MWBE-EEO

Policy Statement).

Upon contract award and prior to contract execution the selected awardee will upload its

Subconsultant Staffing List to the Statewide Utilization Management Plan (SUMP) and document its good faith efforts to achieve the applicable MWBE participation goals by submitting evidence through the New York State Contract System, which can be viewed at:

http://ny.newnycontracts.com, provided however, that the selected awardee may arrange to provide such evidence via a non-electronic method approved by the University.

4.2.2 Service Disabled Veteran Owned Business Enterprises Participation Consistent with the State University of New York (SUNY) ’s commitment and in accordance with Article 17-B of the New York State Executive Law, contractors are required to ensure that good faith efforts are made to include meaningful participation by Service Disabled Veteran-

Owned Business in SUNY’s MWBE Program. The requirements apply to contracts in excess of

$25,000.

To ensure that SDVOB Enterprises are afforded the opportunity for meaningful participation in the performance of the University’s contracts, and to assist in achieving the SDVOB Act's statewide goal for participation on state contracts the University hereby establishes an overall goal of 6% for SDVOB participation for this solicitation.

For additional information please refer to the SDVOB requirements outlined in the Prospective

Bidders Notice (Form 7564-121c). Documentation required with the submittal of qualifications includes a Subconsultant Staffing List (Forms 7555-15, 16 or 17).

4.2.3 Equal Opportunity Requirements

Pursuant to Article 15 of the Executive Law (the "Human Rights Law"), and all other State and Federal statutory and constitutional non-discrimination provisions, the Bidder will not discriminate against any employee or applicant for employment because of race, creed, color, sex, religion, national origin, military status, sexual orientation, gender identity or expression, https://www.suny.edu/sunypp/lookup.cfm?lookup_id=856 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=775 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=776 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=777 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=615 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=858 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=775 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=777

Page 9 of 18 SUNY Procedure 7555; Form 7555-01 age, disability, predisposing genetic characteristics, domestic violence victim status, familial status or marital status. The Bidder 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. The

Bidder will state in all solicitations or advertisements for employees that, in the performance of this Contract, all qualified applicants will be afforded equal employment opportunities without discrimination.

The Bidder will undertake, or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and, if awarded a Contract pursuant to this solicitation, will make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force during its legal engagement with SUNY.

By submission of a bid or proposal in response to this solicitation, the Bidder agrees with all of the terms and conditions of SUNY Exhibit A including Clause 12 - Equal Employment

Opportunities for Minorities and Women and acknowledges that, if the Bidder is awarded a

Contract, The Contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the

Work is for the beneficial use of the Contractor, 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 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 Bidder further agrees, where applicable, to submit with the bid an EEO staffing plan (Form

7557-108) identifying the anticipated work force to be utilized on the Contract and, if awarded a

Contract, will, upon request, submit to SUNY a workforce utilization report identifying the workforce actually utilized on the Contract if known. Forms are available in SUNY

Procurement Policies and Procedures Document 7557 online at:

http://www.suny.edu/sunypp/documents.cfm?doc_id=611.

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.

4.2.4 Executive Order 162 (EO162)

Governor Cuomo’s Executive Order 162 requires state contractors to disclose data on the gender, race, ethnicity, job title, and salary of employees performing work on state contracts.

Bidder agrees to submit Workforce Utilization Report (Form 7557-110) and to require the same information to be submitted by any of their subcontractors on the state contract, in such format as shall be required by SUNY on a monthly basis for all construction contracts and quarterly basis for all other contracts during the term of the contract. Empire State Development has provided https://www.suny.edu/sunypp/lookup.cfm?lookup_id=621 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=621 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=627

Page 10 of 18 SUNY Procedure 7555; Form 7555-01 specific details on this requirement at https://esd.ny.gov/doing-business-ny/mwbe/mwbe-executive-order-162.

4.2.5 Executive Order 177 (EO177)

The New York State Human Rights Law, Article 15 of the Executive Law, prohibits discrimination and harassment based on age, race, creed, color, national origin, sex, sexual orientation, gender identity, disability, marital status, military status, or other protected status.

The Human Rights Law may also require reasonable accommodation for persons with disabilities and pregnancy-related conditions. A reasonable accommodation is an adjustment to a job or work environment that enables a person with a disability to perform the essential functions of a job in a reasonable manner. The Human Rights Law may also require reasonable accommodation in employment on the basis of Sabbath observance or religious practices.

Generally, the Human Rights Law applies to: (i) all employers of four or more people, employment agencies, labor organizations and apprenticeship training programs in all instances of discrimination or harassment; (ii) employers with fewer than four employees in all cases involving sexual harassment; and (iii) any employer of domestic workers in cases involving sexual harassment or harassment based on gender, race, religion or national origin.

In accordance with Executive Order No. 177, prior to contract award, selected Awardee must submit a certification that it does not have institutional policies or practices that fail to address harassment and discrimination as described above. SUNY is electing to obtain the certification with the bid documents to avoid unnecessary delay in the contract award process. All Bidders must sign and submit the certification attached to this IFB, SUNY Form 7555-18.

4.2.6 State Finance Law § 139-l

(1) 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.

(2) 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 prevent 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.

(3) Pursuant to N.Y. State Finance Law §139-l, any bid by a corporate bidder containing the https://www.suny.edu/sunypp/lookup.cfm?lookup_id=889

Page 11 of 18 SUNY Procedure 7555; Form 7555-01 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.

(4) 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.

(5) All Bidders must sign and submit the certification attached to this IFB, SUNY Form

7555-18.

4.2.7 State Finance Law § 139-j and §139-k (Forms in SUNY Procedure 7552) State Finance Law §§139-j and 139-k imposes certain restrictions on communications between a

Governmental Entity and an Offeror during the procurement process. During the restricted period the Offeror is restricted from making contacts to other than designated contact unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law

§139-j(3)(a). The restricted period is from the earliest notice of intent to solicit offers through final award and approval of the Contract.

The designated contacts for this procurement are: McKenzie Deno and Heather Farmer via

FacilitiesContractAdmin@oneonta.edu

SUNY employees and their designated representatives are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Offeror pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a

4 year period the Offeror is debarred from obtaining government procurement contracts.

4.2.8 State Finance Law §139-m

Effective November 5, 2025, State Finance Law § 139-m requires all vendors bidding on New

York State contracts to implement and attest to a Gender-Based Violence and the Workplace policy. This policy must be in place for a bid to be considered. Bidders will submit, with their bids, the above-referenced certification indicating that they have implemented a policy addressing gender-based violence in the workplace or provide a signed statement indicating why they are not able to meet this requirement.

All Bidders must sign and submit the certification attached to this IFB, SUNY Form 7555-18.

4.2.9 Omnibus Procurement Act of 1992 (Form from SUNY Procedure 7553) It is the policy of New York State to maximize opportunities for the participation of New York

State business enterprises, including minority and women-owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of

New York State subcontractors and suppliers and a directory of minority and women-owned business enterprises is available from:

https://www.suny.edu/sunypp/lookup.cfm?lookup_id=889 mailto:FacilitiesContractAdmin@oneonta.edu

Page 12 of 18 SUNY Procedure 7555; Form 7555-01

Empire State Development

Division for Small Business

One Commerce Plaza

Albany, NY 12210

Phone: 1-800-782-8369

4.2.10 Encouraging Use of New York State Businesses in Contract Performance New York State businesses have a substantial presence in SUNY contracts and strongly contribute to the economies of New York and the nation. In recognition of their economic activity and leadership in doing business in New York State, bidders/proposers/contractors for this 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. Such partnering may be as subcontractors, suppliers, protégés or other supporting roles.

Bidders/proposers/contractors need to be aware that to the maximum extent practical and consistent with legal requirements, they are strongly encouraged to use responsible and responsive New York State businesses in purchasing commodities that are of equal quality and functionality and in utilizing services and technology. Furthermore, bidders/proposers/ contractors are reminded that they must continue to utilize small, minority and women-owned businesses, consistent with current State law.

Utilizing New York State businesses in SUNY contracts will help create more private sector jobs, rebuild New York’s infrastructure, and maximize economic activity to the mutual benefit of the contractor and its New York State business partners. New York State businesses will promote the contractor’s optimal performance under this contract, thereby fully benefiting the public sector programs that are supported by associated procurements.

Public procurements can drive and improve the State’s economic engine through promotion of the use of New York businesses by its contractors. SUNY therefore expects bidders/proposers to provide maximum assistance to New York businesses in their use of the contract. The potential participation by all kinds of New York businesses will deliver great value to New York State and its taxpayers.

Bidders/proposers can demonstrate their commitment to the use of New York State businesses by responding to the question “Will New York State Businesses be used in the performance of this contract?” on the

4.2.11 Required Insurance

Prior to the commencement of work the Successful Offeror will provide, at its sole cost and expense, Certificates of Insurance in accordance with Article VII of the Consultant Agreement, which shall remain in force throughout the term of the agreement, or any extension thereof. Such

Certificates of Insurances shall be from an insurance company licensed by the New York State

Department of Insurance with a rating of at least "A-" as published with Standard & Poor's, and a liability insurance policy with limits no less than $2,000,000 per claim. If during the term of the policy, the carrier's rating falls below "A-", the liability insurance must be replaced no later than

Page 13 of 18 SUNY Procedure 7555; Form 7555-01 the renewal date of the policy with an insurer acceptable to the State of New York. Such policies shall name the STATE UNIVERSITY OF NEW YORK as an additional insured. The policy shall designate the State University of New York as the loss payee and shall contain a provision that the State University of New York shall receive at least thirty (30) days notice prior to material change, cancellation or expiration of any such policy.

Workers Compensation Insurance & Disability Benefits Coverage

All employees of the Successful Offeror shall be adequately and properly covered by Workers'

Compensation Insurance and Disability Benefits coverage for all work related to the resultant contract. Such policies shall name the STATE UNIVERSITY OF NEW YORK as an additional insured and are to be written by recognized and well-rated insurance companies authorized to transact business in the State of New York. The Successful Offeror shall deliver certificates of such coverage, or proof that such coverage is not required, in the required format, as required by the Workers' Compensation Board, to the following when the agreement is signed by the parties and thereafter not less than thirty (30) days prior to material change or cancellation of such coverage. Proof of NYS Worker’s Compensation is only accepted on the C-105.2 or U-26.3 form. Proof of Disability insurance is only accepted on the DB-120.1 form.

4.2.12 Vendor Responsibility

SUNY 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 https://www.osc.state.ny.us/state-vendors/vendrep/vendrep-system.

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 SUNY or the Office of the State Comptroller’s Help Desk for a copy of the paper form.

4.2.13 State Consultant Services Reporting (OSC Form A and B) Chapter 10 of the Laws of 2006 amends State Finance Law §§ 8 and 163 by requiring that contractors annually report certain employment information to the contracting agency, the

Department of Civil Service (DCS) and Office of the State Comptroller (OSC). As a result of these changes in law, State contractors will be required to disclose, by employment category, the number of persons employed to provide services under a contract for consulting services, the number of hours worked and the amount paid to the contractor by the State as compensation for work performed by these employees. This will include information on any persons working under any subcontracts with the State contractor.

This is a two-step process. The first step, Form A is to be submitted with the Consultants’ fee proposal; the State Consultant Services Contractor’s Planned Employment From Contract Start

Date Through the End of the Contract Term (OSC Form A). The completed form must include information for all employees providing service under the contract whether employed by the https://www.osc.state.ny.us/state-vendors/vendrep/vendrep-system https://www.osc.state.ny.us/state-vendors/vendrep/vendrep-system mailto:ciohelpdesk@osc.state.ny.us http://www.osc.state.ny.us/vendrep

Page 14 of 18 SUNY Procedure 7555; Form 7555-01 contractor or a subcontractor. Please note that the form captures the necessary planned employment information prospectively from the start date of the contract through the end of the contract term.

The second step is the completion and filing of State Consultant Services Contractor’s Annual

Employment Report (OSC Form B), which is to be used to report the annual / actual information.

Please note that, in contrast to the information to be included on Form A, which is a one-time report of planned employment data for the entire term of a consulting contract on a projected basis, Form B will be submitted each year the contract is in effect and will capture historical information, detailing actual employment data for the most recently concluded State fiscal year (April 1 – March 31). The legislation mandates that the annual employment reports are to be submitted by the contractor to the contracting agency, to OSC and to the Department of

Civil Service. Annual reports are due May 1.

Form A and Form B shall be completed for contracts for consulting services in accordance with the following:

Scope of Contract (Form B only): a general classification of the single category that best fits the predominate nature of the services provided under the contract.

Employment Category: the specific occupation(s), as listed in the O*NET occupational classification system, which best describe the employees providing services under the contract. (Note: Access the O*NET database, which is available through the US

Department of Labor’s Employment and Training Administration, on-line at online.onetcenter.org to find a list of occupations.)

Number of Employees: the total number of employees in the employment category employed to provide services under the contract during the Report Period, including part time employees and employees of subcontractors.

Number of hours (to be) worked: for Form A, the total number of hours to be worked, and for Form B, the total number of hours worked during the Report Period by the employees in the employment category.

Amount Payable under the Contract: the total amount paid or payable by the State to the State contractor under the contract, for work by the employees in the employment category, for services provided during the Report Period.

By submitting Qualifications for consideration on this project you are agreeing to comply with the requirements Chapter 10 of the Laws of 2006.

4.2.14 Contract Award Protest Procedure

This procurement is subject to SUNY Procedure Item 7561, Contract Award Protest Procedure.

http://online.onetcenter.org/ http://www.suny.edu/sunypp/documents.cfm?doc_id=699

Page 15 of 18 SUNY Procedure 7555; Form 7555-01

4.3 Additional Terms & Conditions

1. The terms and conditions of the State University of New York (pick one:

Consultant Contract Form 7555-10 or Consultant Term Contract Form 7555-

10A) shall apply, and is provided as an attachment to this RFQ.

2. Consultant’s Terms: The Consultant’s standard terms and conditions will not be considered relevant to their proposal or the contract, and should not be included with their proposal. Any additional Consultant terms and conditions which are attached or referenced with Consultant’s proposal shall not be considered part of the qualifications or proposal, but shall be deemed included for informational purposes only. No extraneous terms will be incorporated into an agreement unless approved in writing by the Office of General Counsel. Acceptance and/or processing of a proposal shall not constitute acceptance of the extraneous terms.

3. The resulting agreement shall be binding upon its execution by both parties and, if required by New York State law, upon the approval of the Attorney General and the Office of the State Comptroller.

4. The agreement may be revised at any time upon mutual consent of the parties in writing. Such written consent will not be effective until signed by both parties and, if required by New York State law, approved by the Attorney General and the Office of the State Comptroller.

5. The relationship of the Successful Offeror to SUNY shall be that of independent consultant.

6. Compliance with the post-employment restrictions of the Ethics in Government

Act is required.

7. The submission of a proposal constitutes a binding offer to perform and provide said services.

8. In the event the Successful Offeror uses partners, subcontracts or subcontractors, the Successful Offeror will remain responsible for compliance with all specifications and performance of all obligations under the contract resulting from this RFQ. For the resulting agreement, the Successful Offeror will be the prime contractor.

9. SUNY will not be liable for any costs associated with the preparation, transmittal, or presentation of any proposals or materials submitted in response to this RFQ.

10. Public announcements or news releases regarding this RFQ or any subsequent award of a contract must not be made by any offeror without the prior written approval of SUNY.

Page 16 of 18 SUNY Procedure 7555; Form 7555-01

11. The Successful Offeror(s) is responsible for compliance with all applicable rules and regulations pertaining to cities, towns, counties and State where the services are provided, and all other laws applicable to the performance of the resulting contract. The Successful Offeror shall provide all necessary safeguards for safety and protection as set forth by the United States Department of Labor, Occupational Safety and Health Administration.

12. The Successful Offeror will be responsible for the work, direction and compensation of its employees, consultants, agents and contractors. Nothing in the resulting agreement or the performance thereof by the Successful Offeror will impose any liability or duty whatsoever on SUNY including, but not limited to, any liability for taxes, compensation, commissions, Workers' Compensation, disability benefits, Social Security, or other employee benefits for any person or entity.

13. In the event the Successful Offeror is required to be reimbursed for travel, Offeror shall be reimbursed at rates not to exceed the current NYS Schedule of Allowable

Reimbursable Travel Expenses. Refer to the U.S. Government Administration

Rates for Travel at: http://www.gsa.gov

SUNY reserves the right to:

1. Not accept any and all proposals received in response to this RFQ.

2. To terminate any resulting contract for: (1) unavailability of funds; (2) cause; (3) convenience; (4) in the event it is found that the certification filed by the Offeror in accordance with State Finance Law §§139-j and 139-k are found to be intentionally false or intentionally incomplete; and if applicable, the Department of Taxation and Finance

Contractor Certification Form ST-220CA was false or incomplete. Upon such finding, SUNY may exercise its termination right by providing written notification to the Offeror in accordance with the written notification terms of the contract.

3. Request certified audited financial statements for the past three (3) completed fiscal years and/or other appropriate supplementation including, but not limited to, interim financial statements and credit reports.

4. Contact any or all references.

5. Waive requirements or amend this RFQ upon notification to all Offerors. Mandatory requirements may be eliminated if unmet by all Offerors.

6. Negotiate with Offerors responding to this RFQ within the requirements necessary to serve the best interests of SUNY.

7. Begin contract negotiations with another Offeror in order to serve the best interests of

SUNY, should SUNY be unsuccessful in negotiating a contract with the Successful http://www.gsa.gov/

Page 17 of 18 SUNY Procedure 7555; Form 7555-01

Offeror within an acceptable time frame.

8. Reject any or all portions of any offer, to negotiate terms and conditions consistent with the intent of SUNY, and to make an award for any or all remaining portions.

9. Request clarifications from Offerors for purposes of assuring a full understanding of responsiveness, and further to permit revisions from all Offerors determined to be susceptible to being selected for contract award, prior to award.

10. Advise Offeror of any objectionable employee(s) and/or subcontractor(s) and request their removal from the project. Such removal shall not be reasonably withheld by the

Offeror.

11. Terminate agreement with thirty (30) days written notice.

5 Attachments

5.1 Terms and Conditions

1. Exhibit A - Standard Contract Clauses

2. Exhibit A-1 - Affirmative Action Clauses

3. 7555-10 or 7555-10A - State University of New York Consultant Contract (or

Consultant Term Contract)

5.2 Minority and Women Owned Business Enterprise Requirements

1. Prospective Bidders Notice (Form 7557-121c, Procedure 7557)

5.3 Service Disabled Veteran-owned Business Enterprise Requirements

1. Prospective Bidders Notice (Form 7564-121c, Procedure 7564)

5.4 Required Consultant Documentation Forms

The following forms are required with the Submittal of Qualifications

1. State Finance Law §§139-j and 139-k from SUNY Procedure Item #7552 “Procurement

Lobbying Procedure for State University of New York” (applies >$15,000)

a. Form A - Summary: Policy and Procedure of the State University of New York

Relating to State Finance Law §§139-j and 139-k

b. Form B - Affirmation with respect to State Finance Law §§139-j and 139-k

c. Form C - Disclosure and Certification with respect to State Finance Law §§139-j and 139-k

2. Affirmative Action and Minority & Women Owned Business Enterprises from SUNY

Procedure Item #7557 “Participation by Minority Group Members and Women (MWBEs) with Respect to State University of New York Contract (applies >$25,000); and

Service Disabled Veteran-owned Business Enterprise from SUNY Procedure Item #7564

“Participation by Service-Disabled Veteran-Owned Business (SDVOBs) with Respect to State

University of New York Contract (applies >$25,000)\ http://www.suny.edu/sunypp/lookup.cfm?lookup_id=126 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=125 http://www.suny.edu/sunypp/documents.cfm?doc_id=431#forms https://www.suny.edu/sunypp/lookup.cfm?lookup_id=856 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=858 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=281 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=282 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=283

Page 18 of 18 SUNY Procedure 7555; Form 7555-01

a. Forms 7555-15, 16 or 17 - Subconsultant Staffing List

b. Form 7557-104 - MWBE-EEO Policy Statement

c. Form 7557-108 – EEO Staffing Plan

The following forms are required from the most qualified bidder

1. Certificate of Insurance from SUNY Procedure Item #7555 “Construction-Related

Consultant Contracting Procedures

a. Form 7555-09 - Certificate of Insurance (applies all contracts)

b. NYS Workers Compensation and Disability Insurance (applies all contracts)

2. Vendor Responsibility

a. VendRep System Instructions available at https://www.osc.state.ny.us/state-vendors/vendrep/vendrep-system (form applies > $100,000)

3. Procurement Forms from SUNY Procedure Item #7553 “Purchasing and Contracting

(Procurement)

• Form I - Omnibus Procurement Act of 1992 (applies >$1,000,000)

• Form II - Omnibus Procurement Act of 1992, Out of state firms (applies

>$1,000,000)

• Form XIII - Public Officers Law Compliance

4. State Consultant Services Reporting

a. OSC Form A (required prior to contract award) (applies >$15,000; applicable to salaries, does not include travel or reimburseables)

b. OSC Form B (required annually)

5. Bidders Certifications (Human Rights Law EO77, State Finance Law 139-l, State

Finance Law 139-m, and Non-Collusive Bidding Certifications)

a. Form 7555-18 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=775 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=777 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=615 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=621 http://www.suny.edu/sunypp/docs/493.pdf https://www.osc.state.ny.us/state-vendors/vendrep/vendrep-system https://www.osc.state.ny.us/state-vendors/vendrep/vendrep-system http://www.suny.edu/sunypp/lookup.cfm?lookup_id=471 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=472 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=483 https://www.suny.edu/sunypp/docs/475.pdf https://www.suny.edu/sunypp/docs/484.pdf

Consultant Term Agreement (For A&E Design Services and Studies)

Page 1 of 19 SUNY Procedure 7555; Form 7555-010A (Insert Agreement Number) November 2023

STATE UNIVERSITY OF NEW YORK

CONSULTANT TERM AGREEMENT

(For Term or Backdrop Term agreements for Architectural and Engineering Design Services and Studies)

This Agreement made as of the _________ day of _______________________, 20____, for Contract Number _________________ by and between STATE UNIVERSITY OF NEW YORK, _______________________, with its principal office located at _________________________________, hereinafter referred to as "University" and ________________________having its principal office located at ______________________________________, hereinafter referred to as “Consultant”, hereinafter the University and Consultant are collectively referred to as the “Parties”.

WITNESSETH:

WHEREAS, the University has a need for professional and design services for a wide range of projects, including but not limited to, repair, rehabilitation, reconstruction and improvement of University facilities; and

WHEREAS, the Consultant will be available during the duration of the Agreement to undertake such professional and design services; and

WHEREAS, the specific efforts for professional and design services, hereinafter referred to as the “Project(s)”, will be subject mutual agreement by the Parties; and

NOW, THEREFORE, in consideration of the mutual covenants herein, the Parties agree as follows:

Article I

CONSULTANT’S BASIC SERVICES

The Agreement term is _______________ through _______________.

The Projects to be performed under this Agreement may be subject to source selection. For each Project determined by the University as appropriate for performance under this Agreement a Project Request for Qualifications (RFQ), will be provided to the Consultant. If selected, the Project will be initiated by a Letter of Authorization issued by the University and countersigned by the Consultant. Such Letter of Authorization will contain, among other items, the project Scope of Services to be accomplished, the time of completion of such services, and the project Compensation Schedule defining the fee to be paid to the Consultant for such services. The total cumulative value of this Agreement shall not exceed ______________.

The Consultant shall provide such professional services as may be necessary to complete the study or the design and construction oversight for each Project performed under this Agreement. Unless specifically stated in the Project Request for Qualifications, the Project shall include, but is not limited to, the following:

SECTION A - GENERAL SERVICES

1. Determine the staffing and subconsultants necessary for the timely performance of the services required hereunder to meet the University’s Project requirements.

2. Periodically advise the University of the progress of the Project, or of the planning, design and construction of the Project and any anticipated delay in the same.

3. Attendance, together with its subconsultants, at all conferences reasonably required by the University and the taking, preparation and distribution of minutes of all such conferences.

4. Coordinate all the services to be provided under the Project with any related projects being undertaken by the

Consultant or by others.

SECTION B - SPECIFIC SERVICES FOR DESIGN OF CONSTRUCTION PROJECTS

1. Program Phase

Page 2 of 19 SUNY Procedure 7555; Form 7555-010A (Insert Agreement Number) November 2023

a. Attend orientation meetings at the Project site and University office to review the terms of this Agreement and University procedural requirements as they pertain to the Project.

b. Prepare an analysis of the following factors: educational requirements; site and property requirements;

environmental influences; availability, relocation, provision and extension of all utilities; local building practices; time schedules for all phases of the Project; budget and cost forecasts; pedestrian access and egress patterns; public transportation facilities; vehicular traffic, and parking availability and nature.

c. Review the function, scope and intent of the Project, and, when deemed necessary by the University, the preparation of drawings indicating the contract limits of the proposed construction contract.

d. Prepare an analysis of the site and, in the case of the rehabilitation of an existing building, the existing condition of the building, including, but not limited to, determining the location, measurement and submitting a report to the University setting forth such analysis and specifying additional information, such as topography, soil data, and municipal agency and utility company projects that may be required for the development of the Project and containing recommendations for the action necessary to obtain such information.

e. Prepare diagrammatic studies of the Project showing, in the case of a project involving a structure, the utilities and other structures; and, in the case of a project involving site work, the relationship of site systems to the site, services, utilities and structures.

f. Prepare an analysis of the probable cost of the Project, based upon square foot area, volume and/or systems involved.

g. Prepare and submit to the University for its approval a Project Phase Report, prepared in a format acceptable to the University, setting forth in detail the function, scope and intent of the Project. Submission of the aforesaid report by the Consultant shall constitute its acceptance of the Program, unless otherwise specified and agreed to by the University in writing.

h. The University reserves the right at any time during the term of this Agreement to omit any portion of the services as may be deemed reasonably necessary without constituting grounds for any claim by the Consultant for allowances for damages. If such alteration results in a reduction of the services work covered by this Agreement, a proportionate deduction shall be made.

g. Coordinate and follow the State University Construction Fund (SUCF) Bulletins and Directives, and the State

University of New York Space Guidelines (“Facilities Programming Standards”) as may be required to successfully complete the Project, or as required by the University.

2. Schematic Design Phase

a. Prepare, submit and present to the University the architectural concept of the Project (Schematic Approach) including but not limited to, sketches to illustrate the fundamental character of one or more design…