C000845 Student Shuttle Services RFP.pdf

Student Shuttle Services C000845

Deadline for submissions:

06/17/2024, 3:00 pm EST

Designated Contact:

Susie Cobb Director of Procurement Services 315-267-2140 cobbsm@potsdam.edu

Version 03092020

Table of Contents of CONTENTS

Summary Information Form

Overview

Background

Bidder Qualifications

Section 4.1: Minimum Bidder Qualifications

Section 4.2: Preferred Bidder Qualifications/Experience

Scope of Services

Section 5.1: Mandatory Services

Section 5.2: Desirable Services

Section 5.3: Optional Services

Cost Proposal

Section 6.1: Travel Costs

Key Dates

Section 7.1: Bidder Questions

Section 7.2: Pre-Bid Conference

Section 7.3: Pre-Bid Site Visit

Section 7.4: Bid Opening

Method of Award

Section 8.1: Evaluation Process

Section 8.2: SUNY’s Reserved Rights ......................................................................Error! Bookmark not defined.

Proposal Submission Requirements

Section 9.1: Proposal Format

Other Proposal Requirements

Section 10.1: Determination of Vendor Responsibility

Section 10.2: Procurement Lobbying Act – State Finance Law §§ 139-j and 139-k

Section 10.3: Non-Collusive Bidding Certification

Section 10.4: Executive Order 162 (EO 162)

Section 10.5: Executive Order 177 (EO 177)

Section 10.6: New York State Finance Law § 139-l Certification

Section 10.7: Diversity Requirements

Equal Employment Opportunity Requirements

Service-Disabled Veteran-Owned Businesses (SDVOB)

Minority and Women-Owned Business Enterprises (MWBE)

Assessment of Diversity Practices ...............................................Error! Bookmark not defined.

Section 10.8: Subcontracting

Section 10.9: General Insurance Requirements

Section 10.10: Automobile Insurance Requirements

Section 10.11: Compliance with NYS Consulting Services Reporting Requirements

General Contract Terms & Conditions

Attachment 1: Diversity Practices Questionnaire

Attachment 2: New York State Human Rights Law Executive Order 177 Certification

Attachment 3: New York State Finance Law 139-l Certification

Attachment 4: Procurement Lobbying Act Certification

Attachment 5: Non-Collusive Bidding Certification

Exhibit A: State University of New York Standard Contract Clauses

Exhibit A-1: State University of New York Affirmative Action Clauses

Exhibit B: General Contract Terms and Conditions ............................................... 33Error! Bookmark not defined.

Exhibit C: SUNY Institutions

Exhibit D, SUNY Proposal Submission Guidelines

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THIS PAGE MUST BE SIGNED AND RETURNED WITH BIDDER’S RESPONSE

RFP #: C000845 RFP Title: Student Shuttle Services RFP Release Date: 5/24/24 Electronic copies of this RFP are available at: www.nyscr.org Key Events Requested Submission of Questions and Requests for Clarification 06/04/2024, 3:00 pm EST Response to questions/requests for clarification issued 06/06/2024, 3:00 pm EST Pre-Bid Conference N/A

N/A

Pre-Bid Site Visit (if applicable) N/A N/A Notice of Intent to Bid Due (if applicable) N/A N/A

Proposal Due Date and Time (Any proposal received after the deadline will not be considered)

06/13/2024, 3:00 pm EST

Anticipated Notification of Award 6/17/2024 Anticipated Contract Start Date 8/1/2024

SUNY reserves the right, in its sole discretion, to modify the above schedule. Bidders will be notified of any changes in a timely manner Contact Information

Primary Contact:

Susie Cobb Director of Procurement Services 44 Pierrepont Avenue Potsdam, NY 13676 315-267-2140 cobbsm@potsdam.edu

Secondary Contact: Other Contact:

Restricted Period In accordance with the requirements of New York State Finance Law Sections 139j and 139k (“Lobbying Law”), the restricted period for this procurement is now in effect. Therefore, all communications regarding this procurement must be handled through the State University of New York’s designated contacts only.

Bidder Information Legal Business Name of Company Bidding: Bidder’s Federal Tax

Identification Number:

D/B/A – Doing Business As (if applicable): NYS Vendor ID Number:

Street Address: City/State: Zip Code:

If applicable, place an “x” in the appropriate box: (check all that apply) ☐ Small Business (if checked, provide # of employees ____) ☐ Disabled Veteran Owned Business ☐ Minority Owned Business (NYS Certified) ☐ Women Owned Business (NYS Certified)

If you are not bidding, place an “x” in the box and return this page only. ☐ We are unable to bid at this time because:

Bidders Signature: Title:

Printed Name: Date:

By signing this form, Bidder acknowledges (a) that the RFP instructions are understood; (b) that the Bidder is committed to servicing SUNY’s needs in the required time period; and (c) that all information required by this

RFP has been included in Bidder’s proposal.

Summary Information Form

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This Request for Proposal (RFP) is issued by the State University of New York (herein after referred to as “SUNY”) to solicit proposals for student bus/shuttle service to connect the campus to various locations within the Village of Potsdam to provide access for shopping, entertainment, health services, banking, off-campus student housing, employment, and internships.

The results of this RFP will be used to award a two-year contract to the Bidder determined to be most qualified.

Section 3.1: University Background

The State University of New York (“SUNY”) is the largest comprehensive public university system in the United States, educating more than 400,000 students in more than 7,500 degree and certificate programs on 64 individual campuses with nearly 3 million alumni around the globe. Enrollments are detailed as follows:

• 13 University Centers and Doctoral Degree Granting Institutions offering academic programs through the doctoral level; each enroll between under 1,000 to over 19,000 undergraduate students;

• 13 University Colleges offering academic programs through master’s level; each enrolls between 3,700 to over 9,000 undergraduate students;

• 8 University Colleges of Technology offering academic programs through master’s level; each enroll between 1,600 and 6,000 undergraduate students; and

• 30 community colleges offering academic programs through the associate’s level; each enrolls between 1,700 to over 26,000 undergraduate students. The SUNY Research Foundation works with the academic and business leadership of campuses to support research and discovery at SUNY through efficient and skillful administration of sponsored projects and adept transfer and sharing of intellectual property for public benefit and economic growth.

Section 3.2: Project Description

Student bus/shuttle service to connect the campus to various locations within the Village of Potsdam to provide access for shopping, entertainment, health services, banking, off-campus student housing, employment, and internships.

Section 4.1: Minimum Bidder Qualifications

1. A contract will be awarded only to a responsible, responsive and qualified Bidder, in a financial position to do the work specified. Proposals will be accepted only from Bidders, meeting the following minimum qualifications including:

• Bids will only be accepted from established firms with a documented track record of successful transportation service delivery. Bidders must comply with the New York State terms and conditions as detailed in this RFP and must provide all submission materials as detailed in this RFP.

Overview

Background

Bidder Qualifications

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• Provide up to three references in support of the required experience. The references should demonstrate the Bidder’s ability with projects similar in scope, size and nature of this RFP;

• Affirm you meet the required experience;

• A five-year track record of satisfactory performance;

• A bus fleet adequate in size, condition, age and vehicle type (as detailed in Section 4.2);

• Drivers that meet the credentials (as described in Section 4.2).

• Certifications

• Identify and explain any cancelled or failed implementations of the Bidder’s proposed solution resulting in contract termination in the last five (5) years or that are pending litigation.

2. Contractor must own or lease a sufficient number of shuttles/buses to ensure that SUNY Potsdam’s needs can be met. Each Bidder should submit with their bid a list of all owned and leased vehicles that include the following information:

• Vehicle/bus number

• Year and make

• Size

• Identification or Serial number

• Mileage

• Date of last Public Service Commission Inspection

• Vehicle maintenance schedules

• Record of accidents for 2021, 2022, and 2023

• Article 19A: Letter of Compliance with the Qualified Motor Vehicle Law

Certification and driving history of employees, years of experience with company

All buses must meet or exceed all standards applicable and established for such vehicles by the State of New York, including liability insurance requirements and New York State Department of Transportation inspection approvals. The Contractor must provide buses that also meet or exceed the following requirements:

• Heating and air conditioning

• Less than 10 years old

Evidence of satisfactory condition, age and vehicle type may be subject to on-site review by SUNY Potsdam. Capacity to service this account must be demonstrated.

SUNY Potsdam will have sole discretion to determine if the number, type and condition of the buses submitted are adequate to perform the service. Transportation contractors must have attained a NYS DOT BUSNET score of 90 percent for 2022 and 2023 if available. Bidder is to include a letter stating its NYS DOT BUSNET score with its response to this RFP.

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3. Driver Credentials:

• All drivers must be qualified and duly licensed, present a neat and clean appearance, act courteously, and conduct the service in a professional manner.

All drivers must be identified as authorized employees of the Contract with proper identification.

• The safety of students is of primary importance. The bus must be operated in a careful and prudent manner regarding safety and well-being and be in strict compliance with traffic laws and regulations. The Contractor agrees that any and all drivers provided under this contract shall comply with New York State Vehicle & Traffic Law and regulations, including Article 19-a of Vehicle & Traffic Law, Special Requirements for Bus Drivers, and all New York State Transportation Law and regulations including 17 NYCRR 700 insurance requirements, and all other applicable laws.

• Bidders are to provide a Letter of Compliance with Vehicle and Traffic Law Article 19A, Special Requirements for Bus Drivers with their bid submission.

• Every driver/operator must be at least 25 years of age and appropriately licensed and insured in accordance with all applicable laws and regulations for operation in the United States.

• Drivers should have a thorough knowledge of the routes to be traveled. Once a trip’s destination has been identified, it is expected the vendor will brief the driver as to proper pick-up and drop-off points, and route the driver assigned to the trip.

• In the event SUNY Potsdam determines that a driver has been remiss of his/her responsibilities concerning safety standards, speeding or offensive behavior, SUNY Potsdam reserves the right to remove the driver from the route.

SUNY reserves the right to contact client references to validate experience and the scope and quality of work. The Bidder is solely responsible for providing contact information for clients that are readily available to be contacted and will respond to questions. If SUNY is unable to contact a client, the Bidder will be provided one opportunity, with a deadline, to assist in obtaining cooperation from those clients that have not responded.

In response to this section complete and submit Attachment 6, Bidder Qualifications Submission Form.

Section 4.2: Preferred Bidder Qualifications/Experience

Section 5.1: Mandatory Services

We seek quotes for the below level of service.

1. Route needs to be open to the public.

2. The vehicle must be wheel-chair accessible.

Scope of Services

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3. A vehicle should have at least 16 and preferably as many as 28 seats for passengers.

4. Service hours would be as follows:

a. Monday through Friday 12 -14 hours per day. (schedule TBA, but needs to run until at least

9PM)

b. Saturday and Sunday: 8- 10 hours per day (schedule TBA, but needs to run until at least

9PM)

5. Service should operate daily with the exception of state/federal holidays (up to 8 days a year) from August 1, 2024, through May 31, 2025 and August 1, 2025 through May 31, 2026.

6. The route would involve a loop including the following stops:

a. SUNY Potsdam

b. Collegiate Village

c. Canton Potsdam Hospital

d. Walmart

e. Aldi’s

f. Roxy Theatre/Hamilton Street parking lot (downtown Potsdam)

g. Price Chopper

h. The Quarry

i. Save A Lot

j. Debra Drive apartments

k. Racquette Acres

7. Each day may involve a slightly different schedule depending on the time of the day and student needs. For example, one day might be split to include the full loop as well as express loop with less stops in the evening. Other days may run the full loop for the entire day. The ideal schedule would run the full loop each day from morning until 6pm and the Express route 3-6 days per week from 6pm until 9-10 pm.

8. It would be desired that this service connects with other local bus/shuttle services to provide access to areas such as other local colleges and the Village of Canton if possible.

Section 5.2: Desirable Services

Section 5.3: Optional Services

Complete Attachment C: Cost Proposal Submission Form. No modifications may be made to the Cost Proposal Submission Form and Bidders are encouraged to seek clarification. Modifications to the Cost Proposal Response Form may result in disqualification.

Cost proposals must be submitted in separate, sealed envelopes. No mention of cost should appear in the technical proposal. Failure to adhere to this requirement may result in disqualification.

• Items: Price shall be in accordance with the items listed or on the Cost Proposal Submission Form, if provided. No other charges, other than those listed in the items or on the Financial Proposal Submission Form shall be allowable under the agreement.

Cost Proposal

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• Cost Adjustments: Adjustments (increase/decrease) of annual costs for the resulting contract shall not exceed inflation guidelines as established by the nationally accepted consumer price index (CPI) for each year. The specific inflation level will be based on the average CPI percentage for the twelve (12) month period ending ninety (90) days prior to contract renewal date. The approval document for this contract will be: U.S. Department of Labor Consumer Price Index, Northeast Urban, all Items.

• Preparation Costs: Bidder is responsible for all costs, direct or indirect, that it incurs related to the preparation and submission of a proposal in response to this event.

• Pricing: All prices and conditions must be included in the original proposal. Prices and conditions not included in the original proposal will be rejected.

• Quote Hold: The submission of a proposal constitutes a non-revocable, binding offer to perform and provide said services. Such binding offer shall be firm and not revocable for a period of ninety (90) days from event close date. Subsequent to such ninety (90) days, the proposal is subject to withdrawal communicated in writing and signed by the Bidder.

Section 6.1: Travel Costs

N/A

Section 7.1: Bidder Questions

If a Question and Answer period is provided for this solicitation, the schedule will be shown on the Summary Information Form, “Key Events,” provided on the first page of this RFP. All questions must be submitted in writing, citing the particular RFP page, section, and paragraph numbers where applicable. Bidders should make best efforts to ensure all questions are submitted via email to the Designated Contacts no later than the time listed in the Key Events table in Section 1, Summary Information Form as questions received after the closing date for inquiries may not be responded to prior to the proposal due date. Only written answers are official. All Questions and Answers will be issued as addenda to this RFP and will be provided in writing to all potential Bidders.

It is the responsibility of the Bidder to inquire about any requirement of this event that is not understood.

SUNY will not be bound by oral responses to inquiries or written responses other than addenda.

Section 7.2: Pre-Bid Conference

N/A

Section 7.3: Pre-Bid Site Visit

N/A

Section 7.4: Bid Opening

SUNY reserves the right to not hold a public bid opening or at any time to postpone or cancel a scheduled bid opening. In the event a public bid opening is scheduled, Bidders will be notified.

Key Events

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Section 8.1: Evaluation Process

This RFP is part of a competitive procurement process designed to serve the best interests of the State University of New York and the People of the State of New York. It is also designed to provide all Bidders with a fair and even opportunity to have their products and services considered. SUNY will conduct a comprehensive review of each responsive bid submitted in accordance with the terms of this RFP. Proposals will be evaluated on the basis of “best value” by an evaluation committee comprised of SUNY representatives, and shall be conducted in the following steps:

1. Administrative Review Each proposal received by the due date and time will be screened for completeness and conformance of submission in accordance with Section 9, Proposal Submission Requirements.

2. Minimum Bidder Qualifications Review

Each proposal remaining after Administrative Review will advance to the evaluation committee to review responses for a determination of whether the Bidder has met the Minimum Bidder Qualifications.

Information provided in the proposal will be used to validate Minimum Bidder Qualifications and SUNY reserves the right to contact client references to validate required experience. If review of response and reference checks determine the Bidder does not meet Minimum Bidder Qualifications, the proposal will be deemed non-responsive and will not be considered further.

3. Technical Evaluation Each proposal remaining after Minimum Bidder Qualifications Review will advance for review and independent evaluation and scoring by the technical review evaluation committee. If the technical evaluation determines the Bidder’s proposal does not meet any mandatory requirements, the proposal will be deemed inadequate and will not be considered further.

4. Diversity Practices

5. Cost Evaluation

The Cost Proposals of each bid remaining after the Technical Evaluation will be independently evaluated and scored by the designated contract officer.

6. Presentation or Interview

7. Finalist Review In accordance with Section 163 (9) f of the NYS Finance Law, prior to making a contract award each contracting agency shall make a determination of responsibility of the proposed

Method of Award

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Contractor as discussed in Section 8.1,Vendor Responsibility. SUNY will conduct a review of vendor responsibility for the Bidder earning the highest final composite score, and any proposed subcontractors. SUNY will consider any information that raises issues concerning the vendor’s responsibility, with consideration given to its relevance to the scope of work. The review will include factors such as financial and organizational capacity, legal authority, integrity and previous contract performance.

8. Selection Proposals will be evaluated on the basis of “best value” by an evaluation committee comprised of SUNY representatives, utilizing an evaluation methodology that considers the following factors:

Technical Proposal 75% Cost Proposal 25% Total 100%

The Bidder earning the highest final composite score may be selected for a contract award with SUNY and, if selected, will be notified by SUNY. Contract award shall be made by issuance of an award notice. All Bidders will be notified of the name of the selected awardee. SUNY contracts may be subject to approval by the NYS Attorney General and the Office of the State Comptroller. SUNY reserves the right to award no contract pursuant to this RFP.

SUNY reserves the right to:

1. Reject any and all proposals received in response to this RFP, make a contract award in whole or in part.

2. Make no contract award.

3. Reject any or all portions of any proposal, to negotiate terms and conditions consistent with this RFP and to make an award for any or all remaining portions.

4. Withdraw the RFP at any time, at SUNY’s sole discretion.

5. Disqualify any Bidder whose conduct or proposal fails to conform to the requirements of the

RFP.

6. Use proposal information obtained through site visits, management interviews and the state’s investigation of a Bidder’s qualifications, experience ability or financial standing, and any material or information submitted by the Bidder in response to SUNY’s request for clarifying information, in the course of evaluation and/or selection under the RFP.

7. Prior to the bid opening, amend the RFP specifications to correct errors of oversights, or to supply additional information, as it becomes available.

8. Request certified and non-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.

9. Request references and contact any or all references and perform other related due diligence.

9. Reserved Rights

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10. Adjust or correct cost or cost figures with the concurrence of the Bidder if mathematical or typographical errors exist.

11. Waive requirements or amend this RFP upon notification to all Bidders. Mandatory requirements may be eliminated if unmet by all Bidders.

12. Negotiate with Bidders responding to this RFP within the requirements necessary to serve the best interests of SUNY.

13. Begin contract negotiations with another Bidder in order to serve the best interests of SUNY should contract negotiations with the Successful Bidder be unsuccessful within a time frame acceptable to SUNY.

14. Require clarifications from Bidders for purposes of assuring a full understanding of responsiveness, and permit revisions from all Bidders determined to be susceptible to contract award prior to award.

A Bidder’s proposal shall address the Bidder’s ability and methodology for providing SUNY with the requested services. To be deemed “responsive” to this RFP, a Bidder must meet all mandatory requirements and qualifications and its written proposal must address all points and questions appearing in this RFP. In the event a Bidder’s proposal is determined by SUNY to be “non-responsive,” SUNY may disqualify the proposal. A disqualified proposal will not be further evaluated or considered for contract award. To facilitate SUNY’s review of proposals, Bidders must address all points and questions that appear in this RFP, and should do so in the order that they appear.

Responses should be labeled to correspond to the numbers/letters of the sections and subsections of this RFP.

Bidders must adhere to the Exhibit D, SUNY Proposal Submission Guidelines when submitting a proposal in response to this bid event.

Section 9.1: Proposal Format

1. Prepare a clearly readable proposal that includes all required information.

2. Bidders must submit all information requested by SUNY in written form. Proposals must be complete, accurate, and in the form requested.

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

4. Proposal Packages:

a. Proposals should be submitted in sealed packages clearly labeled on the exterior addressed to the SUNY Primary contact, with the RFP number and title. Proposals not labeled as instructed risk being opened prior to the bid opening date, which may result in the proposal being rejected. All proposals and accompanying documentation shall become the property of SUNY and shall not be returned.

b. Cost proposals should be submitted in separate sealed envelopes. No mention of cost should appear in the technical proposal. Failure to adhere to this requirement may result in disqualification.

5. No telephone, facsimile, emailed or otherwise electronically submitted proposals will be accepted unless explicitly allowed in the RFP.

Proposal Submission Requirements

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6. The proposal must be fully and properly executed by an authorized person. By signing, you certify (i) your express authority to sign on behalf of yourself, your company, or other entity; (ii) your full knowledge and acceptance of contents of this RFP, Exhibit A (State University of New York Standard Contract Clauses), Exhibit A-1 (State University of New York Affirmative Action Clauses), State Finance Law §139-j and §139-k (Procurement Lobbying Certification); and (iii) that all information provided is complete, true and accurate. By signing you further affirm that you understand and agree to comply with the procedures on permissible contacts relating to this procurement as required by State Finance Law §139-j (3) and §139-j (6) (b). These procedures may be accessed at Procurement Lobbying:

http://www.ogs.state.ny.us/aboutOgs/regulations/defaultAdvisoryCouncil.html.

7. Submit two hard copies of your proposal and one (1) flash drive. Proposals must be by the due date and time and to the primary contact provided on the Summary Information Form.

Bidders mailing their proposals must allow sufficient time to ensure receipt by the due date and time. Bidders are cautioned that even when using a trackable mailing/courier/messenger service, proposals must be received by the due date and time. While proposals may be signed for by personnel at SUNY prior to the due date and time, this does not guarantee that the identified office will receive the proposal by the due date and time.

8. Late Proposals For purposes of Bid openings, a Bid must be received at the contact’s address as set forth in the Summary Information Form on or before the proposal due date as set forth in the Summary Information Form. A Late Bid is one that is not received at the location, date and time specified in this RFP. Any Bid received at the specified location after the time specified in this RFP will be considered a Late Bid. A Late Bid shall not be considered for award unless: (i) no timely Bids meeting the requirements of this RFP are received, or; (ii) in the case of a multiple award, an insufficient number of timely bids were received to satisfy the multiple award; (iii) and acceptance of the Late Bid is in the best interest of SUNY. Delays in United States mail deliveries or any other means of transmittal, including couriers or agents of SUNY shall not excuse Late Bid submissions. Similar types of delays, including but not limited to, bad weather, or security procedures for parking and building admittance shall not excuse Late Bid submissions. Determinations relative to bid timeliness shall be at the sole discretion of the SUNY Chancellor or her designee.

9. All prices and conditions must be included in the original proposal. Prices and conditions not included in the original proposal will be rejected.

10. The submission of a proposal constitutes a non-revocable, binding offer to perform and provide said services. Such binding offer shall be firm and not revocable for a period of one-hundred eighty (180) days from the proposal due date. After one-hundred eighty (180) days, the proposal may remain in effect, subject to withdrawal communicated in writing signed by the Bidder. If this RFP is for the sale of goods pursuant to §2-205 of New York State Uniform Commercial Code, the proposal shall be firm, binding and not revocable for a period of ninety

(90) days from proposal due date.

11. Bidder is responsible for all costs that it incurs, direct or indirect, related to the preparation and submission of a proposal in response to this RFP.

12. Each copy of the proposal must be accompanied by the documents listed in Attachment 1, Bid Submission Checklist.

http://www.ogs.state.ny.us/aboutOgs/regulations/defaultAdvisoryCouncil.html

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Section 10.1: Determination of Vendor Responsibility

New York State procurement law requires that state agencies award contracts only to responsible Bidders. Additionally, the New York State Comptroller must be satisfied that a proposed Contractor is responsible before approving a contract award under Section 112 of the State Finance Law. Section 163 of the New York State Finance Law (“SFL”) requires that contracts for services and commodities be awarded on the basis of lowest price or best value “to a responsive and responsible Bidder.”

Section 163 (9)(f) of the SFL requires that prior to making a contract award, each contracting agency shall make a determination of responsibility of the proposed Contractor. In accordance with these procurement laws, SUNY will conduct an affirmative review of vendor responsibility for all organizations or firms with which it conducts business.

In response to this section, Bidders and all proposed subcontractors who may receive more than $100,000 over the life of the contract are required to file the required Vendor Responsibility Questionnaire online via the New York State VendRep System or may choose to complete and submit a paper questionnaire. To enroll in and use the VendRep System, see the VendRep System Instructions on the Office of State Comptroller (OSC) website, available at:

www.osc.state.ny.us/vendrep or go directly to the VendRep System online at https://portal.osc.state.ny.us. For VendRep System user assistance, the OSC Help Desk may be reached at 866-370-4672 or 518-408-4672 or by email at helpdesk@osc.state.ny.us. Bidders opting to file a paper questionnaire may obtain the appropriate questionnaire from the VendRep website www.osc.state.ny.us/vendrep or may contact SUNY System Administration for a copy of the paper form.

Section 10.2: Procurement Lobbying Act – State Finance Law §§ 139-j and 139-k

Prior to approval of the contract for which this RFP has been issued by SUNY, or if applicable, the Office of the State Comptroller, a Bidder shall not communicate with SUNY other than with the persons identified in this RFP as Designated Contacts or with a person who the Designated Contacts has advised the Bidder in writing is also a Designated Contact. Generally, the New York State Finance Law restricts communications between a Bidder or a person acting on behalf of a Bidder, including its lobbyist, to communications with the officers and employees of the procuring agency designated in each solicitation to receive such communications. Further, the law prohibits a communication (a “Contact”) which a reasonable person would infer as an attempt to unduly influence the award, denial or amendment of a contract. These restrictions apply to each contract in excess of $15,000 during the “restricted period” (the time commencing with the earliest written notice of the proposed procurement and ending with the later of approval of the final contract by the agency, or, if applicable, the State Comptroller). The agency must record all Contacts, and, generally, must deny an award of contract to a vendor involved in a knowing and willful Contact.

SUNY has developed procedures regarding Contacts and their reporting, review and investigation.

SUNY’s procurement record must demonstrate compliance with these procedures. A determination that a Bidder or a person acting on behalf of a Bidder has intentionally made a Contact or provided inaccurate or incomplete information as to its past compliance with State Finance Law §§139-j and 139-k, is likely to result in denial of the award of contract under this RFP. Additional sanctions may

Other Proposal Requirements

12 | Page apply. A complete copy of SUNY’s Procurement Lobbying Policy and Procedure and its accompanying forms is available for review at http://www.suny.edu/sunypp/documents.cfm?doc_id=430

In response to this section, complete and submit Attachment 6, Procurement Lobbying Act Certification.

Section 10.3: Non-Collusive Bidding Certification

In response to this section, complete and submit a completed Attachment 7, Non-collusive Bidding Certification.

Section 10.4: Executive Order 162 (EO 162)

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 specific details on this requirement at https://esd.ny.gov/doing-business-ny/mwbe/mwbe-executive-order-162.

Section 10.5: Executive Order 177 (EO 177)

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 at 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.

In response to this section, complete and submit Attachment 2, NYS Human Rights Law Executive Order 177 Certification.

Section 10.6: New York State Finance Law § 139-l Certification

Pursuant to N.Y. State Finance Law § 139-l, every bid made on or after January 1, 2019 to the State or any public department or agency thereof, where competitive bidding is required by statute, rule or

13 | Page regulation, for work or services performed or to be performed or goods sold or to be sold, and where otherwise required by such public department or agency, shall contain a certification that the Bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of N.Y. State Labor Law § 201-g.

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

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

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

In response to this section, complete and submit Attachment 3, New York State Finance Law § 139-l Certification.

Section 10.7: Diversity Requirements Equal Employment Opportunity Requirements

a. Pursuant to Article 15 of the Executive Law (the "Human Rights Law"), 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, 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.

b. 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

14 | Page 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.

c. 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.

In response to this section, complete and submit SUNY Equal Employment Opportunities (EEO) Requirements 7557-108 identifying the anticipated work force to be utilized on the Contract. If awarded a Contract, vendor will, upon request, submit to SUNY, a workforce utilization report identifying the workforce actually utilized on the Contract, if known.

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.

Service-Disabled Veteran-Owned Businesses (SDVOB)

Minority and Women-Owned Business Enterprises (MWBE)

Section 10.8: Subcontracting

Bidders choosing to utilize the services of subcontractors partners, joint venturers or other third parties to meet the scope of services set forth in this RFP, must provide detailed information as part of their proposal. Bidders must comply with the SUNY subcontracting contractual terms as set forth in Section 23, General contract Terms and Conditions, attached and incorporated into this RFP as Exhibit B.

When proposed subcontractor(s) are NYS Certified Minority and/or Women-Owned Business Enterprises (MWBE) firms or NYS Certified Service-Disabled Veteran-Owned Businesses (SDVOB)

15 | Page in compliance with requirements set forth in Section 10.7, the bidder must also complete appropriate forms as described in that section.

In response to this section, bidders must complete and submit Attachment 5: Proposed Subcontractor Information Submission Form, for each proposed subcontractor. Additionally, proposed subcontractors must file the required Vendor Responsibility Questionnaire as set forth in Section 10.1, when applicable. Bidders are encouraged to utilize NYS firms, as set forth in Exhibit D, Proposal Submission Guidelines.

Section 10.9: General Insurance Requirements

During the term of the awarded contract, the Successful Bidder (Contractor) must obtain and maintain insurance coverage at its own expense as provided in this paragraph, and shall deliver Certificates of Insurance in a form satisfactory to SUNY before commencing any work under this contract.

Certificates shall reference the Contract Number. Certificates of Insurance must indicate the applicable deductible/self-insured retention on each policy. Certificates shall be mailed to: State University of New York at Potsdam, Susie Cobb, 44 Pierrepont Avenue, 518 Raymond Hall, Potsdam, NY 13676.

The policies of insurance set forth below shall be written by companies authorized by the New York Department of Financial Services to issue insurance in the state of New York (“admitted” carriers) with an A.M. Best company rating of “A-” or better. Unless otherwise agreed, policies shall be written so as to include a provision that the policy will not be canceled, materially changed, or not renewed without at least thirty (30) days prior written notice except for non-payment as required by law to State University of New York at Potsdam, Susie Cobb, 44 Pierrepont Avenue, 518 Raymond Hall, Potsdam, NY 13676.

All insurance policies shall provide that the required coverage shall apply on a primary and not on an excess or contributing basis as to any other insurance that may be available to SUNY for any claim arising from the Successful Bidder’s work under the awarded contract, or as a result of the Successful Bidder’s activities. Any other insurance maintained by SUNY shall be excess of and shall not contribute with the Successful Bidder’s insurance, regardless of any “other insurance” clause contained in any SUNY policy of insurance.

At least two weeks prior to the expiration of any policy required by the awarded contract, evidence of renewal or replacement of policies of insurance with terms no less favorable to SUNY than the expiring policies shall be delivered to SUNY in the manner required for service of Notice under the contract.

Workers Compensation, Disability Benefits and Paid Family Leave coverage for the life of this Agreement for the benefit of employees required to be covered by the New York State Workers Compensation Law and the New York State Disability Benefits and Paid Family Leave Law.

Evidence of coverage must be provided on forms specified by the Commissioner of the Workers Compensation Board.

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General Liability Insurance with limits no less than One Million Dollars ($1,000,000) per claim and Two Million Dollars ($2,000,000) in the aggregate. Such policy shall name the State University of New York as an additional insured and shall contain a provision that the State University of New York shall receive at least thirty (30) days written notice prior to material change, cancellation or expiration of such policy.

Section 10.10: Automobile Insurance Requirements

Business Automobile Liability insurance covering liability arising out of the use of any motor vehicle in connection with the work, including owned, leased, hired and non-owned vehicles bearing, or under the circumstances under which they are being used, required by the Motor Vehicle Laws of the State of New York to bear, license plates. Such policy shall have a combined single limit for Bodily Injury and Property Damage of at least Five Million Dollars ($5,000,000) and shall name the State University of New York as additional insured. The limits may be provided through a combination of umbrella/excess liability policies.

Section 10.11: Compliance with NYS Consulting Services Reporting Requirements

State Finance Law sections 8 and 163 requires that contractors annually report certain employment information to the contracting agency, the Department of Civil Service (DCS) and Office of the State Comptroller (SUNY). State contractors are 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. State Finance Law Section 163(4)(g) imposes certain reporting requirements on contractors doing business with New York State. In furtherance of these reporting requirements, if applicable, Contractor agrees to complete and submit an initial planned employment data report and an annual employment report.

Any contract awarded resulting from this RFP shall include Exhibit A (State University of New York Standard Contract Clauses) and, for contracts in excess of $25,000, Exhibit A-1 (State University of New York Affirmative Action Clauses). The provisions of Exhibit A and Exhibit A-1 shall take precedence over any provision in this RFP or any provisions in the contract awarded. Exhibits A and A-1 are attached to this RFP.

By submitting a proposal in response to this RFP, Bidder expressly agrees that, if awarded the Contract, such Contract will contain language substantially in accordance with the Terms and Conditions listed on Exhibit B, attached to this RFP.

General Contract Terms & Conditions

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State University of New York Notary Acknowledgement

(ACKNOWLEDGEMENT BY INDIVIDUAL)

STATE OF NEW YORK )

COUNTY OF ) ss.:

On this day of , 20 , before me personally came , to me known and known to me to be the person described in and who executed the foregoing instrument and he/she acknowledged to me that he/she executed the same.

Notary Public

(ACKNOWLEDGEMENT BY UNINCORPORATED ASSOCIATION)

STATE OF NEW YORK )

COUNTY OF ) ss.:

On this __________ day of ____________________, 20___, before me personally came _______________________________________________________, to me known and known to me to be the person who executed the above instrument, who, being duly sworn by me, did for himself/herself depose and say that he/she is a member of the firm of _________________________________________________ and that he/she executed the foregoing instrument in the firm name of _________________________________________ and that he/she had authority to sign same, and he/she did duly acknowledge to me that he/she executed the same as the act and deed of said firm of _______________________________________________ for the uses and purposes mentioned therein.

(ACKNOWLEDGEMENT BY CORPORATION)

STATE OF NEW YORK )

COUNTY OF ) ss.:

On this ___ day of ________________, 20__, before me personally came ______________________________, to me known, who being duly sworn, did depose and say that he/she resides in ________________________________; that he/she is the ____________________________ (title) of __________________________________________(firm), the corporation described in and which executed the foregoing instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he/she signed his/her name thereto by like order.

THIS PAGE MUST BE SIGNED IN THE ORIGINAL AND MUST ACCOMPANY EACH COPY OF

YOUR BID.

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I, ___________________, as __________________ (title) of _______________firm or company (hereafter referred to as the company), swear and/or affirm under penalty of perjury that the answers submitted to the following questions are complete and accurate to the best of my knowledge:

1. Does your company have a Chief Diversity Officer or other individual who is tasked with supplier diversity initiatives? Circle one: Yes / No

If Yes, provide the name, title, description of duties, and evidence of initiatives performed by this individual or individuals.

2. What percentage of your company’s gross revenues (from your prior fiscal year) was paid to New York State certified minority and/or women-owned business enterprises as subcontractors, suppliers, joint-venturers, partners or other similar arrangement for the provision of goods or services to your company’s clients or customers? __________%

3. What percentage of your company’s overhead (i.e. those expenditures that are not directly related to the provision of goods or services to your company’s clients or customers) or non-contract-related expenses (from your prior fiscal year) was paid to New York State certified minority- and women-owned business enterprises as suppliers/contractors?1 __________%

4. Does your company provide technical training 2 to minority- and women-owned business enterprises? Circle one: Yes / No

If Yes, provide a description of such training which should include, but not be limited to, the date the program was initiated, the names and the…