C003828 - Refuse and Recycling Removal for Buffalo Harbor State Park.pdf

Invitation for Bid

Title:

Refuse and Recycling Removal for Buffalo Harbor State Park

Contract Period/Term: Number:

12/1/2026 to 11/30/2031, 5 Years C003828

Designated Contact(s) & Bid Submission Address Austin Monlea Joseph Scandurra Theresa Boulanger

ServiceContracts@parks.ny.gov Office of Parks, Recreation and Historic Preservation

Procurement and Service Contracts Unit 625 Broadway, 2nd Floor

Albany, NY 12207

IFB Timeline Action Date/Time

IFB Release 10/8/2026

Questions Deadline 10/19/2026 3:00 PM ET

Questions Response Approximately 10/27/2026

Bids Due 11/2/2026 3:00 PM ET

Tentative Award Approximately 11/13/2026

Contract Start Date Approximately 12/1/2026

SUBMIT YOUR PROPOSAL ON TIME

Except as specified in Section 4.4 State's Rights to Proposals, proposals received after the date and time in the IFB Timeline will not be considered for award and may be returned, unopened, to the sender. It is the Bidder’s responsibility to allow adequate time to deliver an electronic or hardcopy bid before the date and time specified.

mailto:ServiceContracts@parks.ny.gov

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Table of Contents Table of Contents Key Points Bid Submission Checklist

1. IFB Requirements

1.1 Agency

1.2 Overview

1.3 Minimum Qualifications to Bid

1.4 Pre-Bid Site Visit

1.5 Glossary

1.6 List of Appendices, Attachments, and Forms

1.7 Downstream Prohibition

2. Service Requirements / Minimum Specifications

2.1 Disposal of Municipal Solid Waste, 8 Cubic Yard Dumpsters

2.2 Disposal of Municipal Solid Waste, 30 Cubic Yard Dumpster

2.3 Disposal of Single Stream Recycling, 4 Yard Dumpster

2.4 Pickup Schedule

2.5 Additional Requirements

2.6 Reporting Requirements

3. Instructions to Bidders

3.1 Questions and Clarifications

3.2 Procurement Lobbying Guidelines

3.3 No Bid Submission and Removal from Bidders List

3.3.1 “No Bid” Submission

3.3.2 Removal from the Bidders List

3.4 Method of Award

3.5 Reserved

3.6 Contract Signing and Contract Term

3.7 Form of Bids

3.7.1 E-Mail Bids (PREFERRED)

3.7.2 Hardcopy Bids

3.8 Submission Requirements

3.8.1 Documentation of Prior Experience

3.8.2 Completed Forms Due with Bid

3.8.3 Completed Forms Due Upon Tentative Award

3.9 Tie Bids

3.10 Modification or Withdrawal of Bids

4. Administrative Requirements

4.1 Issuing Agency

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4.2 Solicitation

4.3 Liability

4.4 State's Rights to Proposals

4.5 Freedom of Information Law

4.6 Bid Security

4.7 Timely Submission

4.8 Bid Effective Period

4.9 Bid Opening

4.10 Bidder Proposal Clarification

4.11 Bid Evaluation and Selection

4.12 Contract Negotiations and Authorized Negotiators

4.13 Bid Review and Contract Approval

4.14 Debriefing Sessions

4.15 Bid Protest Procedure

4.16 NYS Finance Law § 139-I

4.17 Conformance to IFB

4.18 Encouraging use of New York State Business in Contract Performance

4.19 Bidder Assurances

4.20 Vendor Responsibility Questionnaire

4.21 Tax Law §5-A

5. Contractual Requirements

5.1 Appendix A Standard Clauses for New York State Contracts

5.2 Appendix B General Specifications for OPRHP Contracts

5.3 Reserved

5.4 Order of Precedence

5.5 Procedures for Amendments

5.6 Conflict of Interest

5.7 Litigation Support

5.8 Interpretation & Disputes

5.9 Indemnification

5.10 Equal Employment Opportunities

5.11 Relationship as Independent Contractor

5.12 Payment Requirements

5.13 CPI Price Adjustments

5.14 Prime Contractor/Subcontractor

5.15 Diesel

5.16 Advertising

5.17 Termination Provisions

5.17.1 Lobby Law Termination Provision

5.17.2 Termination Pursuant to Tax Law §5-a

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5.17.3 Termination Pursuant to Vendor Responsibility (for Non-Responsibility):

5.18 Vendor Responsibility Provisions

5.18.1 General Responsibility

5.18.2 Suspension of Work (for Non-Responsibility)

5.19 Insurance Requirements

5.20 Prevailing Wages / Payroll Certification

5.21 Contractor’s Compensatory Liability

5.22 Warranties

5.23 Security Procedures

5.24 Travel, Meals and Lodging

5.25 Damages

5.26 Contract Staffing Requirements

5.27 Reserved

5.28 Vehicles

5.29 Reserved

Appendix A – Standard Clauses for New York State Contracts Appendix B – General Specifications for OPRHP Contracts Appendix D – Bid Protest Procedures Attachment 1 – Bid Form Attachment 2 – References

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Key Points

• Read this document and associated attachments in their entirety.

Note key items such as critical dates, services required, qualifying and mandatory requirements, and proposal submission requirements.

• Bidder proposals must completely address all qualifying and mandatory requirements.

To ensure your proposal is valid, thoroughly read all proposal requirements and provide complete responses.

Ensure all aspects of each requirement are met. Use the forms provided to submit your response.

• Note the name and email of the designated contacts listed on the front page of this document.

These are the only individuals that you are permitted to contact regarding this procurement in accordance with Procurement Lobbying Law.

• All announcements relating to this bid will be disseminated via electronic mail (e-mail).

It is the Bidder’s responsibility to check their e-mail periodically for any updates. All applicable amendment information must be incorporated into the Bidder’s proposal. Failure to include any such information in your proposal may result in disqualification.

• Take advantage of the question and answer periods.

Question and Answer periods are your opportunity to seek clarification. Please utilize this process to understand requirements, as well as raise any questions or concerns with your ability to bid. Submit your questions via e-mail by the dates listed in the timeline on the front page of this document. Responses to the questions will be disseminated to all potential bidders via e-mail. Additional information about Question and Answers can be found in Section 3.1 Questions and Clarifications.

• Review this document and your proposal.

Make sure all requirements are fully addressed and all copies are identical, legible, and complete.

• Prevailing Wages / Payroll Certification The work under this contract has been determined to be a public work pursuant to Article 9 of the New York Labor Law. See Section 5.20 Prevailing Wages / Payroll Certification for additional information.

• Package your proposal as required.

Make sure your proposal conforms to the packaging requirements. Proposals not packaged accordingly may be deemed non-responsive. Additional information about packaging and content can be found in Section

3.8 Submission Requirements.

• Submit your proposal on time.

Except as specified in Section 4.4 State's Rights to Proposals, proposals received after the date and time in the IFB Timeline will not be considered for award and may be returned, unopened, to the sender. It is the Bidder’s responsibility to allow adequate time to deliver an electronic or hardcopy bid before the date and time specified.

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Bid Submission Checklist Please use this basic checklist to ensure all documents are included within your bid submission.

Failure to provide the required documents may result in being found non-responsive and your bid will not be considered for award.

• Attachment 1 – Bid Form

• Attachment 2 – References

• The information requested in Section 1.3, Minimum Qualifications to Bid of this document.

• Forms due at time of bid submission

• Lobbying Law Certification

• Non-Collusive Bidder Certification

• NYS Finance Law §139-I and Executive Order No. 177 Certification

• Vendor Responsibility Attestation

• Gender-Based Violence and the Workplace Certification

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1. IFB Requirements It is the intent of this solicitation to seek a vendor to provide all necessary services. Bidders shall provide proposals which meet mandatory requirements of this IFB.

1.1 Agency

The mission of the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) is to provide safe and enjoyable recreational and interpretive opportunities for all New York State residents and visitors and to be responsible stewards of our valuable natural, historic, and cultural resources.

Fundamental to the successful achievement of our mission is the dedication of our employees and the adherence to a common set of values. These guiding principles serve as a pledge to the people we serve and a commitment to ourselves and to each other.

• A Commitment to People. We are committed to serving and protecting the public to the best of our ability, with courtesy and respect. We are committed to our employees and volunteers, encouraging teamwork, self-improvement, and mutual support.

• A Commitment to Preservation. State parks and historic sites are unique and irreplaceable public assets. We are committed to wise acquisition, planning, and, where appropriate, development; timely and professional care and maintenance; and a responsibility to future generations in whose trust we manage our resources. We are committed to providing encouragement to all agencies and individuals to identify, evaluate, and protect recreational, natural, historic, and cultural resources.

1.2 Overview

OPRHP is seeking a Contractor to provide solid waste and recycling removal services for Buffalo Harbor State Park to help ensure a clean and sanitary environment for employees and park patrons.

1.3 Minimum Qualifications to Bid

OPRHP is seeking bids from experienced companies with the personnel, facilities, and organization to meet the demands of a contract of this scope. Bidders shall comply with the laws of the State of New York and shall possess or obtain any required licenses, permits, or authorizations.

To be deemed qualified and responsive, bidders must provide the following minimum requirements:

• Using Attachment 2 - References, provide three (3) satisfactory client references for whom the Bidder has performed services similar to those defined in this IFB in the past five (5) years.

References will be independently verified by OPRHP and will be scored on a pass/fail basis. If a Bidder’s reference results in a fail, the bidder will be removed from further consideration.

1.4 Pre-Bid Site Visit

A Pre-Bid Site Visit is not applicable to this procurement.

1.5 Glossary

Term Description Agency New York State Office of Parks, Recreation and Historic Preservation (OPRHP).

OPRHP Office of Parks, Recreation and Historic Preservation

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1.6 List of Appendices, Attachments, and Forms

Appendices Appendix A – Standard Clauses for New York State Contracts Appendix B – General Specifications for OPRHP Contracts Appendix D – Bid Protest Procedures

Attachments Attachment 1 – Bid Form Attachment 2 – References

Forms Forms are available at the following link https://parks.ny.gov/business/forms.aspx, or you may click on the individual form below to access the PDF.

• Lobbying Law Certification

• Non-Collusive Bidder Certification

• Public Officers Law

• Encouraging Use of New York State Businesses in Contract Performance

• NYS Finance Law §139-I and Executive Order No. 177 Certification

• Minority and Women-Owned Business Enterprises – Equal Employment Opportunity Policy Statement

• Vendor Responsibility Attestation

• No Bid Form

• Certification Under Executive Order No. 16 Prohibiting State Agencies and Authorities from Contracting with Businesses Conducting Business in Russia

• Gender-Based Violence and the Workplace Certification

• ST-220-CA

• ST-220-TD

Every signature page of an e-mail submission must be a scanned copy of the original ink signature.

Electronic signatures are not acceptable.

1.7 Downstream Prohibition

Any entity, contractor (or sub-contractor) involved with OPRHP for the development of specifications related to this project is not eligible to receive an award or subcontract with the contractor or any subcontractor in connection with this bid or subsequent award.

https://parks.ny.gov/business/forms.aspx https://parks.ny.gov/documents/business/forms/LobbyingLawCertification.pdf https://parks.ny.gov/documents/business/forms/NonCollusiveBiddingCertification.pdf https://parks.ny.gov/documents/business/forms/PublicOfficersLaw.pdf https://parks.ny.gov/documents/business/forms/EncouragingUseofNewYorkStateBusinessesinContractPerformance.pdf https://parks.ny.gov/documents/business/forms/NYSFinanceLawandExecutiveOrder177Certification.pdf https://parks.ny.gov/documents/business/forms/MWBEEEOPolicyStatement.pdf https://parks.ny.gov/documents/business/forms/VendorResponsibilityAttestation.pdf https://parks.ny.gov/documents/business/forms/NoBidForm.pdf https://parks.ny.gov/documents/business/forms/EO16Certification.pdf https://parks.ny.gov/documents/business/forms/EO16Certification.pdf https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fparks.ny.gov%2Fsites%2Fdefault%2Ffiles%2F2026-08%2FGender-Based_Violence__WorkplaceCertification.pdf&data=05%7C02%7CRachel.Flood%40parks.ny.gov%7Cd1cf25ce7fa74e1d730e08def8ac97e7%7Cf46cb8ea79004d108ceb80e8c1c81ee7%7C0%7C0%7C639221617325877695%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=RoAszpnL2qR0phgtwmheE%2B96tgEBQY1l4UO%2FL5DCBlw%3D&reserved=0 https://parks.ny.gov/documents/business/forms/ST220CA.pdf https://parks.ny.gov/documents/business/forms/ST220TD.pdf

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2. Service Requirements / Minimum Specifications Contractor will pick up, remove, and dispose of refuse and recycling from Buffalo Harbor State Park in the Niagara region. Contractor will furnish each site with the containers indicated and pick-ups will be in accordance with the schedule below.

Park Location Buffalo Harbor State Park 1111 Fuhrmann Blvd.

Buffalo NY 14203

2.1 Disposal of Municipal Solid Waste, 8 Cubic Yard Dumpsters

Provide two (2) 8 cubic yard dumpsters in the Maintenance parking lot to be picked up in accordance with the pickup schedule below. The dumpsters will contain Municipal Solid Waste.

2.2 Disposal of Municipal Solid Waste, 30 Cubic Yard Dumpster

Provide one (1) 30 cubic yard roll-off container next to the bait shop to be picked up in accordance with the pickup schedule below. The dumpster will contain Municipal Solid Waste.

2.3 Disposal of Single Stream Recycling, 4 Yard Dumpster

Provide one (1) 4 cubic yard dumpster in the Maintenance parking lot to be picked up in accordance with the pickup schedule below. The dumpster will contain Single Stream Recycling Materials.

2.4 Pickup Schedule

2.5 Additional Requirements

• The pick-up and disposal of refuse shall be made in accordance with the above pick-up schedule. OPRHP reserves the right to adjust the schedules are necessary, with prior notification to the CONTRACTOR.

OPRHP makes no guarantee of any minimum or maximum amount of pick-ups. CONTRACTOR will be paid for actual services rendered.

• All dumpsters will be delivered clean and in good working condition with plastic lids and doors and will remain on site and replaced as needed during the life of the contract.

• Pick-up, removal, and disposal of all materials shall be in accordance with all governing State and Local laws. CONTRACTOR shall possess all necessary permits and licenses required to successfully complete services included herein.

Location Dumpster Size/Type

Number of Dumpsters

Pick-Up Frequency

Maintenance Parking Lot

8 CY

Refuse 2 Twice per week from May through October.

November until April on call approximately 6 times.

Maintenance Parking Lot

4 CY

Recycling 1 May through October weekly. November until April on call approximately 6 times.

Bait Shop 30 CY Refuse 1 On call annually. Approximately 8 pickups yearly.

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• Dumpsters must be labeled appropriately with safety labels attached.

• No pick-ups shall be made during the hours of 8:00pm through 7:00am.

• By December 1st of each year, the CONTRACTOR shall leave a contact name and phone number with the respective Park Manager in case of emergencies or other problems.

• The dumpsters will provide disposal of municipal solid waste and stream recycling to maintain a clean and safe environment for park patrons and public.

2.6 Reporting Requirements

The Contractor shall provide quarterly and annual reports to OPRHP that include a sum of the weight or volume of waste disposed of and the weight or volume of materials recycled and/or composted by type of recycling and location and shall also maintain a continuous record of these materials. OPRHP reserves the right to modify the reporting requirements in order to remain compliant with Executive Order 22

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3. Instructions to Bidders

3.1 Questions and Clarifications

Prospective Bidders will have an opportunity to submit written questions and requests for clarification regarding this Invitation for Bids (IFB). All questions regarding this IFB must be submitted via e-mail or mail and be received by the date and time specified in the IFB Timeline. Questions must reference the relevant page and section of the IFB and must be directed to the designated contact.

Questions submitted by Bidders should be printed or in a Word or Excel document in the following format:

No.

IFB

Section

IFB

Page Vendor Name Question

Prospective Bidders should note that all clarifications and exceptions, including those relating to the terms and conditions of the IFB, are to be resolved prior to the submission of a bid by utilizing the Question and Answer period. Also, during the Question and Answer period, Bidders should be certain to bring forward terms and conditions in the IFB that would prohibit a Bidder from bidding. Bidders entering a contract with the State are expected to comply with all the terms and conditions contained herein.

The Agency will provide a written response to all substantive questions and requests for clarification. Responses to Bidder questions and requests for clarifications will be distributed via e-mail to the Agency-maintained Bidders List.

Contacting individuals other than a designated contact listed on the front page of this IFB may result in the disqualification of the Bidder’s proposal.

3.2 Procurement Lobbying Guidelines

Pursuant to State Finance Law §§139-j and 139-k, this solicitation includes and imposes certain restrictions on communications between OPRHP and an Offerer/bidder during the procurement process. An Offerer/bidder is restricted from making contacts from the earliest notice of intent to solicit offers/bids through final award and approval of the Procurement Contract by OPRHP and, if applicable, the Office of the State Comptroller (“restricted period”) to other than the Designated Contact(s) unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j (3) (a).

Designated Contact(s), as of the date hereof, is identified above. OPRHP employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Offerer/bidder 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 four-year period, the Offerer/bidder is debarred from obtaining governmental Procurement Contracts. Information related to the Procurement Lobbying Law and guidelines can be found with in Section 1.5 – Forms – Lobbying Law Certification.

3.3 No Bid Submission and Removal from Bidders List

3.3.1 “No Bid” Submission

If you do not intend to bid on this procurement, please complete No Bid Form located in Section 1.5 – Forms, and send it to the designed contact address listed on the cover of this IFB.

3.3.2 Removal from the Bidders List

If you would like to have your organization removed from the mailing list for procurements of this type, please send an e-mail requesting such to a designated contact listed on the cover of this IFB.

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3.4 Method of Award

In the sole discretion of OPRHP, the award of the contract will be made to a responsive, responsible and qualified bidder who offers the lowest Grand Total bid to perform work as outlined in these specifications. The successful bidder will be found non-responsive if OPRHP finds that he/she does not have sufficient resources.

Written notification of OPRHP's selection will be furnished to all responding bidders, and a final contract shall be mailed or delivered to the recommended awardee. If the selected bidder fails to execute and return the contract to OPRHP within the time allotted, OPRHP reserves the right to reject the selected bidder's bid and select the next lowest responsive, responsible bidder that will best promote the public interest. If all bids are rejected, each solicited bidder will be so notified.

3.5 Reserved

3.6 Contract Signing and Contract Term

The Agency intends to award one, five-year Contract to the successful Bidder, contingent upon New York State Attorney General (AG) and the Office of the State Comptroller (OSC) approval.

3.7 Form of Bids

Attachment 1 – Bid Form shall be completed in ink. The grand total bid amount must be shown in numeric form.

Bidders may elect to submit either a hardcopy bid or a scanned copy of the original signed bid via e-mail.

All bids must be received at or before the time specified and at the place designated for the bid opening. It is the Bidder’s responsibility to allow adequate time to deliver an electronic or hardcopy bid before the date and time specified. A late bid will not be eligible for consideration unless no bids were received when due.

All bids and accompanying documentation submitted in response to this IFB will become the property of OPRHP and will not be returned. The resulting contract will include a copy of the specifications and the successful Bidder’s Bid.

3.7.1 E-Mail Bids (PREFERRED)

The bid shall be submitted via e-mail to ServiceContracts@parks.ny.gov with the subject of the e-mail clearly marked with the following information:

Proposal Enclosed – IFB C003828 – Refuse and Recycling Removal for Buffalo Harbor State Park – Due 11/2/2026 3:00 PM ET

Bidders are permitted to submit their proposal in multiple email submissions should any circumstance, including file size, prevent a single email submission. If any specific file or element (e.g.: Attachment 1;

Attachment 2; etc.) is duplicated, the element received latest will be considered for evaluation and all other same elements will be disregarded.

3.7.2 Hardcopy Bids

The bid shall be submitted in a sealed envelope and addressed to a designated contact listed on the cover of this IFB. The envelope shall be marked in the lower left-hand corner with the following information:

PROPOSAL ENCLOSED

IFB C003828

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Refuse and Recycling Removal for Buffalo Harbor State Park Proposal Submission Due November, 2nd, 2026, 3:00 PM ET

3.8 Submission Requirements

3.8.1 Documentation of Prior Experience

The information requested in Section 1.3, Minimum Qualifications to Bid of this document.

3.8.2 Completed Forms Due with Bid

Bidders must submit the following Attachments and forms with their proposal (please see Section 1.6 List of Appendices, Attachments, and Forms for access to hyperlinks, as applicable):

• Attachment 1 – Bid Form

• Attachment 2 – References

• Lobbying Law Certification

• Non-Collusive Bidder Certification

• NYS Finance Law §139-I and Executive Order No. 177 Certification

• Vendor Responsibility Attestation

• Gender-Based Violence and the Workplace Certification

3.8.3 Completed Forms Due Upon Tentative Award

Should the contract be awarded to your company, you must submit the following forms within ten (10) business days of Tentative Award notification. If not received within this time period, OPRHP reserves the right to make Tentative Award to the next ranked bidder:

• Public Officers Law

• Encouraging Use of New York State Businesses in Contract Performance

• Minority and Women-Owned Business Enterprises – Equal Employment Opportunity Policy

Statement

• Certification Under Executive Order No. 16 Prohibiting State Agencies and Authorities from

Contracting with Businesses Conducting Business in Russia

• ST-220-CA: Contractor Certification to Covered Agency

• Proof of Insurance per IFB Section 5.19 Insurance Requirements

3.9 Tie Bids

In the event there is a tie in the Grand Total Bid, Final determination will be made by the Commissioner of

OPRHP

3.10 Modification or Withdrawal of Bids

Bid modifications that are submitted in writing and signed by an authorized representative of the bidding firm will be considered for award if received at the place of the bid opening any time prior to the scheduled bid opening.

Bids may be withdrawn or cancelled prior to the scheduled bid opening. A bid may be rejected by OPRHP: if it shows any alteration of terms, conditions or requirements; for any other irregularities; if it is incomplete, or if it offers an alternate bid not invited by the specifications.

https://parks.ny.gov/documents/business/forms/LobbyingLawCertification.pdf https://parks.ny.gov/documents/business/forms/NonCollusiveBiddingCertification.pdf https://parks.ny.gov/documents/business/forms/NYSFinanceLawandExecutiveOrder177Certification.pdf https://parks.ny.gov/documents/business/forms/VendorResponsibilityAttestation.pdf https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fparks.ny.gov%2Fsites%2Fdefault%2Ffiles%2F2026-08%2FGender-Based_Violence__WorkplaceCertification.pdf&data=05%7C02%7CRachel.Flood%40parks.ny.gov%7Cd1cf25ce7fa74e1d730e08def8ac97e7%7Cf46cb8ea79004d108ceb80e8c1c81ee7%7C0%7C0%7C639221617325877695%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=RoAszpnL2qR0phgtwmheE%2B96tgEBQY1l4UO%2FL5DCBlw%3D&reserved=0 https://parks.ny.gov/documents/business/forms/PublicOfficersLaw.pdf https://parks.ny.gov/documents/business/forms/EncouragingUseofNewYorkStateBusinessesinContractPerformance.pdf https://parks.ny.gov/documents/business/forms/MWBEEEOPolicyStatement.pdf https://parks.ny.gov/documents/business/forms/MWBEEEOPolicyStatement.pdf https://parks.ny.gov/documents/business/forms/EO16Certification.pdf https://parks.ny.gov/documents/business/forms/EO16Certification.pdf https://parks.ny.gov/documents/business/forms/ST220CA.pdf

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4. Administrative Requirements With the submission of a response to this Invitation for Bid, the Bidder agrees to the proposal conditional outlined in this section.

4.1 Issuing Agency

This IFB is issued by the New York State Office of Parks, Recreation and Historic Preservation, which is responsible for all criteria stated herein and for evaluation of all bids submitted.

4.2 Solicitation

This IFB is a solicitation to bid, not an offer of a contract.

4.3 Liability

OPRHP/The State of New York is not liable for any costs incurred by a Bidder in the preparation and production of any proposal, or for any work performed prior to the execution of a formal contract.

4.4 State's Rights to Proposals

By submitting a bid, the Bidder agrees not to make any claim for, or have any right to, damages because of any misinterpretation or misunderstanding of the specifications, or because of any misinformation or lack of information. OPRHP reserve the right to exercise the following:

• Change any of the scheduled dates herein;

• Amend IFB Requirement(s) after their release to correct errors or oversights, or to supply additional information as it becomes available and so notify all potential Bidders;

• Withdraw the IFB, at its sole discretion without any obligation or liability to any vendor;

• Eliminate any mandatory, non-material requirement that cannot be complied with by all of the prospective

Bidders;

• Evaluate, accept and/or reject any and all bids, in whole or in part, and to waive technicalities, irregularities, and omissions if, in OPRHP’s judgement, the best interests of OPRHP will be served. In the event compliant bids are not received, OPRHP reserves the right to consider late or non-conforming bids as offers;

• Require the Bidder to demonstrate, to the satisfaction of OPRHP, any information presented as part of their proposal;

• Require clarification at any time during the procurement process and/or require correction of arithmetic or other apparent errors for the purpose of assuring a full and complete understanding of an Offerer’s proposal and/or to determine an Offerer’s compliance with the requirements of this solicitation;

• Disqualify any Bidder whose conduct and/or bid fails to conform to the requirements of the solicitation;

• Use proposal information obtained through OPRHP investigation of a Bidder’s qualifications, experience, ability or financial standing, and any material or information submitted by the Bidder in response to OPRHP’s request for clarifying information in the course of evaluation and selection under this IFB;

• Prior to the bid opening, determine a tie breaking mechanism for award of the Contract to serve the best interests of OPRHP and the State of New York;

• Negotiate with the successful Bidder within the scope of the IFB to serve the best interests of OPRHP and the State of New York;

• Conduct Contract negotiations with the next ranked responsible Bidder, should OPRHP be unsuccessful in negotiating an Agreement with the selected Bidder;

• Conduct negotiations with the next ranked responsible Bidder should the awarded Contractor fail to implement these Services upon approval of the Contract;

• If OPRHP terminates the Contract for non-performance, OPRHP reserves the right, with the approval of the Attorney General and the Office of the State Comptroller, to award a contract to the next highest ranked Bidder of the original bid submission within the first twelve months of the award;

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• Utilize any and all ideas submitted in the bids received;

• Make an award under the IFB in whole or in part; and

• Seek revisions of bids.

Bids containing false or misleading statements, or which provide project contacts that do not support an attribute or condition claimed by a Bidder, may be disqualified from consideration. If, in the opinion of the Agency, a statement is intended to mislead the Agency in its evaluation of the bid, and the attribute, condition, or capability is a requirement of the IFB, the bid shall be disqualified from consideration.

4.5 Freedom of Information Law

Your bid to OPRHP, including accompanying documents, is subject to the Freedom of Information Law (FOIL) found in Article 6 of the N.Y. Public Officer Law. FOIL provides that certain records are exempt from disclosure, including those that contain (1) trade secrets, (2) information that, if disclosed, would cause substantial injury to the competitive position of your organization, or (3) critical infrastructure information. Records may be redacted to protect only the portions of documents that fall within a FOIL exemption. An entire document may not be withheld if only a portion of the document is exempt from disclosure. Blanket assertions that information is a trade secret, confidential, or proprietary are insufficient to justify withholding information under FOIL. If you identify information seeking an exemption from public disclosure due to the above-mentioned reasons such request will be reviewed and a determination will be made as to whether the information is exempt from disclosure under FOIL. However, such submissions seeking non-disclosure will not be considered unless it is accompanied with an explanation justifying the privilege. The State’s determination may be appealed pursuant to POL §89(5)(c). Pursuant to POL §87(2)(b), the State, without having to request it, will redact information that “if disclosed would constitute an unwarranted invasion of personal privacy.”

4.6 Bid Security

Each Bidder’s bid will be held in strict confidence by OPRHP/State of New York staff and will not be disclosed except to the Office of the Attorney General and the Office of the State Comptroller as may be necessary to obtain approvals of those agencies for the final Contract and except as required by law.

Public inspection of the bids is regulated by the Freedom of Information Law (Article 6 of the New York State Public Officers Law). The bids are presumptively available for public inspection. If this would be unacceptable to Bidders, they should apply to OPRHP for trade secret protection for their bid.

The public officers’ code of ethics (Section 74 of the Public Officers Law) sets the standard that no officer or employee of a State agency shall disclose confidential information that he acquires during the course of his official duties. These standards control the confidentiality of a Bidder’s bid unless OPRHP grants a petition for records access in accordance with the Freedom of Information Law.

Bidders should be advised that the confidentiality of their proposals is founded upon statute, as described above.

A nondisclosure agreement, whether prescribed by OPRHP or the Bidder, would not alter the rights and responsibilities of either party under the Freedom of Information Law. Bidders should not propose a nondisclosure agreement for OPRHP employees, for that would be legally ineffective to alter any legal responsibility under the Freedom of Information Law or the code of ethics.

The provisions of the Freedom of Information Law will also govern the confidentiality of any and all products or services supplied by the successful Bidder.

4.7 Timely Submission

The Bidders are solely responsible for timely delivery of their bid to the location set forth by the stated bid due date/time and are solely responsible for delays in receipt, including but not limited to those due to third-party carriers.

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4.8 Bid Effective Period

The Bidder’s bid must be firm and binding for a period of at least 180 days following the bid due date.

4.9 Bid Opening

Bids will not be opened publicly. OPRHP reserves the right at any time to postpone or cancel a scheduled bid opening.

4.10 Bidder Proposal Clarification

Prior to award, OPRHP reserves the right to seek clarifications, request proposal revisions, or to request any information deemed necessary for proper evaluation of proposals from all Bidders deemed to be eligible for Contract award. Failure of a bidder to cooperate with OPRHP’ effort to clarify a proposal may result in the proposal being labeled as non-responsive and be given no further consideration.

Additionally, OPRHP reserve the right to use information submitted by the Bidder in response to OPRHP’s request for clarifying information in the course of evaluation and selection under this IFB.

4.11 Bid Evaluation and Selection

See Section 3.4 Method of Award, regarding bid selection and evaluation methodology. Submitted bids may be reviewed and evaluated by any personnel or agents of OPRHP, other than one associated with a competing Bidder.

4.12 Contract Negotiations and Authorized Negotiators

During contract negotiations, OPRHP must have direct access to Bidder personnel who have full authority to make commitments on behalf of the Bidder. Bidders must include, as part of their proposal, any restrictions under which their primary negotiators will operate.

4.13 Bid Review and Contract Approval

The Contract resulting from this IFB will not be effective until approved by the Office of the Attorney General and the Office of the State Comptroller.

4.14 Debriefing Sessions

A debriefing is available to any entity that submitted a proposal or bid in response to a solicitation (“Bidder”). A Bidder will be accorded fair and equal treatment with respect to its opportunity for debriefing. Debriefing must be requested in writing by any bidder within fifteen (15) calendar days of OPRHP notifying the unsuccessful bidders that another vendor was selected. A bidder’s written request for a debriefing must be submitted to the designated contact listed on the cover of this IFB. The debriefing will be scheduled within ten (10) business days of receipt of written request by OPRHP or as soon after that time as practicable under the circumstances.

4.15 Bid Protest Procedure

OPRHP procedures for handling protests of bid awards are set forth in Appendix D, Bid Protest Procedures.

4.16 NYS Finance Law § 139-I

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 regulation, for work or services performed 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

C003828 Refuse and Recycling Removal for Buffalo Harbor State Park Page 17 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, OPRHP may reject the bid or may decide that there are sufficient reasons to accept the bid without such certification.

4.17 Conformance to IFB

Any exceptions or objections to the terms, conditions, and requirements of this IFB are governed by, and to be submitted in accordance with Appendix B, Section 10, Extraneous Terms. Bidders are cautioned that any such exceptions or objections may render their bid non-responsive.

4.18 Encouraging use of New York State Business in Contract Performance

New York State businesses have a substantial presence in State contracts and strongly contribute to the economies of the state and nation. In recognition of their economic activity and leadership in doing business in New York State, bidders/proposers 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.

4.19 Bidder Assurances

The Bidder warrants that it has carefully reviewed OPRHP's needs as described in the IFB and its attachments/supplements. Bidder also warrants that it has familiarized itself with OPRHP's specifications and that it can provide such services as described in the IFB and as offered in its Bid.

If awarded the contract, the Bidder agrees that it will perform its obligations hereunder in accordance with all applicable Federal, State and local laws, rules, and regulations now or hereafter in effect.

The Bidder further warrants and affirms that the terms of this IFB and any resultant contract do not violate any contracts or agreements to which it is a party and that its other contractual obligations will not adversely influence its capabilities to perform under the contract.

4.20 Vendor Responsibility Questionnaire

If this or any other contract you have with the State of New York is valued at $100,000.00 or more, OPRHP requires that Vendor file the required Vendor Responsibility Questionnaire online via the New York State VendRep System. However, vendors may choose to complete and submit a paper questionnaire. To enroll in and use the New York State VendRep System, see the VendRep System Instructions available at https://osc.state.ny.us/vendrep/index.htm. For direct VendRep System user assistance, the Office of State https://osc.state.ny.us/vendrep/index.htm

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Comptroller’s Help Desk may be reached at (866) 370-4672 or (518) 408-4672 or by email at ciohelpdesk@osc.state.ny.us. Vendors opting to file a paper questionnaire can obtain the appropriate questionnaire from the VendRep website at https://osc.state.ny.us/vendrep/index.htm or may contact OPRHP or the Office of the State Comptroller’s Help Desk for a copy of the paper form.

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 e-mail at ciohelpdesk@osc.state.ny.us.

To be considered timely, questionnaires filed via the VendRep System require that a vendor certify a questionnaire no more than six months before the due date of the bid. If you are bidding on other state contracts in the future, you only have to update any changes that have occurred in the last six months or since the last time you updated your questionnaire, (you do not have to completely fill out a new questionnaire unless you have made a major change to your company).

4.21 Tax Law §5-A

Tax Law §5-a is effective with all solicitations to purchase issued by covered agencies on or after January 1, 2005. It applies to contracts where: (1) the total amount of such persons’ sales delivered into New York State are in excess of $300,000 for the four quarterly periods immediately preceding the quarterly period in which the certification is made, and with respect to any affiliates, subcontractors, or affiliates of subcontractors whose sales delivered into New York State exceeded $300,000 for the four quarterly periods immediately preceding the quarterly period in which the certification is made; and (2) the contracts or agreements with State agencies or public authorities for the sale of commodities or services have a value in excess of $100,000. This law imposes upon certain contractors the obligation to certify whether or not the contractor, its affiliates, its subcontractors and affiliates of the subcontractors are required to register to collect State sales and compensating use tax.

Where required to register, the contractor must also certify that it is, in fact, registered with the New York State Department of Taxation and Finance (DTF). The law prohibits the Comptroller, or other approving agency, from approving a contract awarded to a vendor meeting the registration requirements but who is not so registered in accordance with the law.

Upon notice of potential award, the responsive Bidder may be required to submit, within ten business days of receipt of the notice, the New York State Tax Law §5-A Contractor Certification Forms (ST-220-CA and ST-220- TD). Failure to respond may render a Bidder non-responsive and non-responsible. Bidders shall take the necessary steps to provide properly certified forms to ensure compliance with the law.

Bidders may call the DTF at (800) 972–1233 for any and all questions relating to Tax Law §5-a and relating to a company's registration status with the DTF. For additional information and frequently asked questions, please refer to the DTF website www.tax.ny.gov.

ST-220-CA https://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf ST-220-TD https://www.tax.ny.gov/pdf/current_forms/st/st220td_fill_in.pdf mailto:ciohelpdesk@osc.state.ny.us mailto:ciohelpdesk@osc.state.ny.us http://www.tax.ny.gov/ https://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf https://www.tax.ny.gov/pdf/current_forms/st/st220td_fill_in.pdf

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5. Contractual Requirements With the submission of a response to this Invitation for Bids, the Bidder agrees to all contract conditions outlined in this Section except that Bidders may propose changes as allowable in Appendix B, Section 10, Extraneous Terms.

5.1 Appendix A Standard Clauses for New York State Contracts

The terms of Appendix A, Standard Clauses for New York State Contracts, attached hereto, are hereby incorporated into this IFB and any resulting contract. The contractor is required to adhere to all clauses.

5.2 Appendix B General Specifications for OPRHP Contracts

The terms of Appendix B, General Specifications for OPRHP Contracts, attached hereto, are hereby incorporated into this IFB and any resulting contract and shall govern any situations not covered by this IFB or Appendix A.

5.3 Reserved

5.4 Order of Precedence

In the event of any inconsistency in or conflict among the document elements of the future contract identified herein, such inconsistency or conflict shall be resolved by giving precedence to the document elements in the order set forth below:

1. Appendix A Standard Clauses for New York State Contracts

2. Appendix B General Specifications for OPRHP Contracts

3. Executed Agreement

4. IFB, including all other associated Appendices, Attachments, Addenda and Questions and Answers

5. Contractor’s Bid in Response to the IFB

5.5 Procedures for Amendments

See Appendix B, Section 31, Modification of Contract Terms.

Any request by the contractor to change or amend any part of the contract shall be made, in writing, to OPRHP and may be subject to approval by the Office of the State Comptroller and/or the Office of the Attorney General.

5.6 Conflict of Interest

The Contractor will be responsible for establishing procedures to identify potential conflicts of interest. If during the term of this Agreement, and any extensions thereof, the Contractor becomes aware of an actual or potential relationship which may be considered a conflict of interest, the Contractor shall immediately notify the State in writing and disclose the nature of the potential conflict of interest in the manner prescribed by the State. The State will have sole discretion in evaluating the nature of the identified conflict of interest and will make the final decision regarding its resolution.

5.7 Litigation Support

In the event that the Agency becomes involved in litigation related to the subject matter of the resulting contract, the Contractor agrees to provide background support and other litigation support, including but not limited to depositions, appearances, and testimony. Compensation may be negotiated.

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5.8 Interpretation & Disputes

Any dispute arising from this IFB, or from any resulting contract, shall be submitted in writing within seven (7) business days after the issuance of the award recommendation letter, to the Designated Contact provided on the cover of this IFB.

5.9 Indemnification

The Contractor agrees to indemnify, defend, save, and hold harmless the State of New York, OPRHP, and their officers, employees and agents of and from any claims, demands, actions, or causes of action of any kind arising out of the services of the Contractor provided for in this agreement.

5.10 Equal Employment Opportunities

A. The provisions of Article 15-A of the Executive Law and the rules and regulations promulgated thereunder pertaining to equal employment opportunities for minority group members and women shall apply to the Contract.

B. In performing the Contract, the Contractor shall:

1. Ensure that each contractor and subcontractor performing work on the Contract shall undertake or continue existing EEO 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, EEO shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation.

2. The Contractor shall submit an EEO policy statement to the New York State office of Parks, Recreation and Historic Preservation within seventy-two (72) hours after the date of the notice by the New York State office of Parks, Recreation and Historic Preservation to award the Contract to the Contractor.

3. If the Contractor, or any of its subcontractors, does not have an existing EEO policy statement, the New York State office of Parks, Recreation and Historic Preservation may require the Contractor or subcontractor to adopt a model statement (see Form – Equal Employment Opportunity Policy Statement).

4. The Contractor’s EEO policy statement shall include the following language:

a. The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, age, disability, or marital status, will undertake or continue existing EEO programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and shall make and document its…