Central NY PC - Water Treatment #C200777 IFB.pdf

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Invitation for Bid: OMH01-C200777-3650270 For the procurement of: Preventive Maintenance and Water Treatment Service

EVENT DATES:

Return of Pre-bid Conference/Site Visit Registration Form (Attachment B):

Monday, July 8, 2019 by 3:00 PM

Mandatory Pre-bid Conference/ Site Visit: Tuesday, July 9, 2019 at 10:00 AM

Receipt of Questions from Potential Bidders: Tuesday, July 16, 2019 by 3:00 PM

Questions & Answers sent by OMH: Tuesday, July 23, 2019

Proposal Submission/No Bid Due Date and Time: Tuesday, July 30, 2019 by 3:00 PM

Select/Non-Select Letters sent to appropriate Bidders: As soon as possible after the bid opening

Bidder Protest Deadline: OMH must receive no later than 7 business days after date on non-select letter

Anticipated Contract Start/End Dates: December 1, 2019 - November 30, 2024

1. Scope of Work:

Deliverables are defined in the Appendix D of attached Office of Mental Health (OMH) contract boilerplate.

The equipment covered under this contract is located at Central New York Psychiatric Center, 9005 Old River Road, Marcy, NY 13403.

2. Issuing Office/Permissible Contacts:

The issuing office named below is the sole point of contact in the State for matters related to this IFB.

Pursuant to State Finance Law 139-j and 139-k, this IFB includes and imposes certain restrictions on communications between OMH and an Offeror/bidder during the procurement process. Please reference

Attachment J, Summary of OMH Procurement Lobbying Guidelines, included with this solicitation.

Attention:

Brendan Glennon Michelle Peltier

Monica Lawendowski

Title:

Contract Management Specialist 1 Contract Management Specialist 2

Assistant Business Officer

Facility Name NYS Office of Mental Health Central New York Psychiatric Center

Address:

75 New Scotland Ave.

Unit Q Albany, NY 12208

9005 Old River Road, PO Box 300 Business Office, Bldg. 5 Marcy, NY 13403

Phone:

(518) 549-5117

(518) 549-5126

(315) 765-3340

Fax: (518) 549-5112 (315) 765-3339

E-Mail:

Brendan.Glennon@omh.ny.gov Michelle.Peltier@omh.ny.gov

Monica.Lawendowski@omh.ny.gov

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3. Site Visit:

A Mandatory site visit is scheduled for Tuesday, July 9, 2019 at 10:00 AM. Directions are available at the OMH website http://www.omh.ny.gov – type “directions” at search option, hit go. Interested bidders are to sign in at Building 5-Westover. No one will be admitted to the conference or site visit after the time cited above.

Conference & Site visit registration can be accomplished by completing and sending Attachment B, Pre-

Bid Conference/Site Visit Registration Form, no later than Monday, July 8, 2019 by 3:00 PM.

4. Questions and Answers:

Questions answered during the conference or site visit will not be considered official responses. All questions must be submitted in writing by the bidder. All eligible bidders will receive an email containing the official responses to all questions received by the due date.

All written questions regarding this solicitation must be sent to Brendan Glennon via e-mail only by

Tuesday, July 16, 2019 by 3:00 PM. Questions and answers will be accumulated by the NYS Office of

Mental Health and sent to all potential bidders by Tuesday, July 23, 2019. Questions and Answers will also be posted to the New York State Contract Reporter Ad.

5. MWBE/EEO/SDVOB Participation Requirements:

Minority and Woman Business Enterprises (MWBE), Equal Employment Opportunity (EEO), and Service-

Disabled Veteran Owned Business (SDVOB) program requirements are set forth in Attachment A.

6. New York State Business Usage Requirements:

Encouraging New York State Businesses in performance of Contracts as set forth in Attachment A-3 and

Attachment N.

7. Response Date:

Sealed bids will be received by the Issuing Office for items specified herein or attached hereto under the terms and conditions of this solicitation. Bids will not be considered if received after the Proposal

Submission date or time. No facsimile bids will be accepted. Sealed bids must be submitted to the Issuing

Office in an envelope with the proposal envelope label that is included in this IFB (Attachment B-2). The facility assumes no responsibility for delivery delays and will not consider proposals arriving after the bid due day and time.

Bids must be mailed to:

Attention: Brendan Glennon

Facility: NYS Office of Mental Health

Address:

75 New Scotland Ave.

Unit Q Albany, NY 12208

If you cannot bid for this solicitation, please return Attachment B-1, No Bid Explanation Form, as per instructions no later than the bid due date and time.

Bids that are illegible, incomplete, or that contain any omissions, erasures, alterations, additions or items not called for in the solicitation or that contain irregularities of any kind may be rejected. All costs associated with the preparation of a bid are the responsibility of the Bidders. Bidders may modify, in writing, the content of any bid at any time prior to the bid due date and time. Bids may be withdrawn or canceled before the bid due date and time.

http://www.omh.ny.gov/

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8. Determination/Method of Award:

The contract will be awarded to the responsible and responsive Bidder offering the lowest total bid amount and who also meets all minimum mandatory requirements, as defined in Section 9 below. OMH reserves the right to evaluate and/or reject all bids, in whole or in part, and to waive or modify technicalities, irregularities, and omissions, or solicit new bids if, in the agency’s sole judgment, the best interest of the

State will be served. Following contractor selections and prior to signing a contract, OMH reserves the right to further negotiate cost or other specifics.

In the case of tied bids between two or more bidders, OMH shall select the tied Bidder who has been in business for the most number of years.

9. Mandatory Bid Submission Requirements:

A. The submission of a bid constitutes a binding offer to perform said services. Such binding offer shall be firm and not revocable for a period of 120 days after the deadline for bid submission and will continue thereafter until the Successful Offeror notifies OMH otherwise in writing. Such deadline may be extended further by mutual agreement between the Successful Offeror and OMH.

B. Documentation that must be submitted by Bidders on or before the bid due date, if applicable (Place the completed Bid Submission Checklist first in the bid package) OMH reserves the right to disqualify any bid that does not include the required documents:

1. Attachment C – Solicitation Cover Sheet: must be used as the first page/cover sheet.

2. Include proof of having been in business performing the required type of service for at least three

(3) years.

3. Complete Form ST-220-CA Contractor Certification. The Contractor must file Form ST-220-CA to certify that it has filed Form ST-220-TD with the Tax Department and that the information contained on Form ST-220-TD is correct and complete as of the date that the Contractor files Form

ST-220-CA. Access and complete Form ST-220-CA by using the following link:

http://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf

Please note that Form ST-200-TD must be filed with the NYS Tax Department at the address on the front page of the form. You can access Form ST-220-TD using the following link:

http://www.tax.ny.gov/pdf/current_forms/st/st220td_fill_in.pdf

For Questions and Answers Concerning Tax Law Section 5-a, go to NYS Department of Tax and

Finance at http://www.tax.ny.gov/pdf/publications/sales/pub223.pdf .

4. Attachment D – Bid Quote Sheet: Bids shall be submitted utilizing this form only.

5. Attachment E – Non-Collusive Bidding Certificate: Complete and return with bid. Required by

Section 139-D of the State Finance Law

6. Attachment F – Business References: Provide three (3) Business References. Include any NY

State Agencies, if applicable.

7. Attachment G – Vendor Responsibility Questionnaire: Complete either hard copy or online

Please refer to Attachment G for a detailed explanation and links to the most current forms to use.

8. Obtain a Vendor Registration Number if you are not already registered to do business with http://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf http://www.tax.ny.gov/pdf/current_forms/st/st220td_fill_in.pdf http://www.tax.ny.gov/pdf/publications/sales/pub223.pdf

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New York State entities. Access the link in Attachment G for the Substitute W-9. Complete the online form electronically, download the completed form, and sign in the designated area. Return the completed W-9 with the other bid documents to the designated individual at the OMH facility. All vendors are required to have a vendor registration number to do business with New York State.

9. Attachment H – Consultant Disclosure Form A: Complete as explained in Section 15 below and return with bid, if applicable.

10. Attachments J-1 and J-2: Complete Offeror’s Affirmation of Understanding (J-1) OMH Offeror

Disclosure of Prior Non-Responsibility Determinations/Attachment (J-2).

11. Attachment A-2 – MWBE Goals and EEO Policy Statement: Complete per the instructions.

12. Attachment K –Employment Opportunity Policy Statement: Complete and return with bid.

13. Attachment K-1 - EEO Employment Opportunity Staffing Plan: Complete and return with bid.

14. Attachment L – MWBE Utilization Plan: If M/WBE goals have been established in Attachment A, then complete and return with bid.

15. Attachment L-1 – Application for Waiver of MWBE Goals (if applicable): Complete if MWBE participation goals cannot be met and good faith efforts have been performed.

16. Attachment M – SDVOB Contractor Utilization Plan: If SDVOB goals have been established in

Attachment A, then complete and return with bid.

17. Attachment M-1 – Application for Waiver of SDVOB Goals (if applicable): Complete if SDVOB participation goals cannot be met and good faith efforts have been performed.

18. Attachment A-3: Encouraging the Use of New York State Subcontractors and Supplies (if applicable).

19. Attachment N – New York State Business Usage Form (if applicable).

20. Attachment O – Sexual Harassment Prevention Certification: Complete and return with bid.

21. Proof of insurance and licensing as stated in the OMH contract boilerplate.

22. If required, provide verification of being registered to conduct business in New York State or State of Corporate main office. For NYS verification, go to NYS Department of State at www.dos.ny.gov;

for any other state, go to that state’s licensing agency.

23. Submit proof of coverage for New York State Workers’ Compensation & Disability Benefits

Insurance as explained in Section 10 of this IFB.

10. New York State Worker Compensation & Disability Benefits Insurance Requirements:

A. Workers’ Compensation Requirement: Section 57 of the New York State Workers Compensation

Law (WCL) requires that State and municipal entities prior to entering into a contract must ensure that the contractor applying for that contract has appropriate New York State Workers’ Compensation

Insurance coverage.

http://www.dos.ny.gov/

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Therefore, as part of your bid submission, you must provide one of the following forms to meet this requirement. Failure to submit one of these forms may result in rejection of your bid.

1. CE-200 Certificate of Attestation For New York Entities With No Employees And Certain Out Of

State Entities, That New York State Workers’ Compensation and/or Disability Benefits Insurance

Coverage Is Not Required:

Form CE-200 can be filled out electronically on the New York State Workers Compensation Board’s website, http://www.wcb.ny.gov/ , under the heading “Forms.” Applicants filling electronically are able to print a finished Form CE-200 immediately upon, completion of the electronic application. Applicants without access to a computer may obtain a paper application for the CE-200 by writing or visiting the Customer Service Center at any District Office of the Workers Compensation Board. Applicants using the manual process may wait up to four (4) weeks before receiving a CE-200.

OR

2. C-105.2 Certificate of Workers’ Compensation Insurance (the contractor’s insurance carrier provides this form) PLEASE NOTE: The New York State Insurance Fund provides its own version of this form, the U-26.3;

OR

3. SI-12 Certificate of Workers’ Compensation Self-Insurance (To obtain this form, the contractor needs to call the New York State Workers’ Compensation Board, Self-Insurance Office at 518-402-

0247), OR GSI-105.2 – Certificate of Participation in Workers’ Compensation Group Self- Insurance

(The Contractors Group Self-Insurer will provide this form).

B. Disability Benefit Insurance Requirement: Section 220(8) of the New York State Workers’

Compensation Law (WCL) requires that State and municipal entities prior to entering into a contract must ensure that the contractor applying for that contract has appropriate New York State disability benefits insurance.

All bidders as part of their bid submission must submit one of the following forms in order to meet this requirement. Failure to provide one of these forms may result in your bid being disqualified.

1. CE-200 Certificate of Attestation For New York Entities With No Employees And Certain Out Of

State Entities, That New York State Workers Compensation And/or Disability Benefits Insurance

Coverage Is Not Required:

Form CE-200 can be filled out electronically on the New York State Workers Compensation Board’s website, http://www.wcb.ny.gov/ , under the heading “Forms.” Applicants filling electronically are able to print a finished Form CE-200 immediately upon, completion of the electronic application.

Applicants without access to a computer may obtain a paper application for the CE-200 by writing or visiting the Customer Service Center at any District Office of the Workers Compensation Board.

Applicants using the manual process may wait up to four (4) weeks before receiving a CE-200.

OR

2. DB-120.1 Certificate of Disability Benefits Insurance (the contractor’s insurance carrier provides this form);

OR

3. DB-155 Certificate of Disability Benefits Self-Insurance (To obtain this form the contractor needs to call the New York State Workers Compensation Board’s Self-Insurance Office at 518-402-0247).

http://www.wcb.ny.gov/ http://www.wcb.ny.gov/

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11. Additional Insurance Requirement:

Prior to the start of work, the Contractor shall procure at its sole cost and expense, and shall maintain in force at all times during the term of this Agreement, policies of insurance as herein below set forth, written by companies authorized by the New York State Insurance Department to issue insurance in the

State of New York with an A.M. Best Company rating of ―A-‖ or better. The OMH may, at its sole discretion, accept policies of insurance written by a non-authorized carrier or carriers when Certificates and/or other policy documentation is accompanied by a completed Excess Lines Association of New York

(ELANY) Affidavit; provided that nothing herein shall be construed to require the Agency to accept insurance placed with a non-authorized carrier under any circumstances.

The Contractor shall deliver to OMH evidence of such policies in a form acceptable to the OMH. These policies must be written in accordance with the requirements of the paragraphs below, as applicable.

General Conditions

A. Conditions Applicable to Insurance. All policies of insurance required by this agreement must meet the following requirements:

1. Coverage Types and Policy Limits. The types of coverage and policy limits required from the Contractor are specified in Appendix G, of the contract boilerplate.

2. Policy Forms. Except as may be otherwise specifically provided herein or agreed in writing by OMH, policies must be written on an occurrence basis. Under certain circumstances, the OMH may elect to accept policies written on a claims-made basis provided that, at a minimum, the policy remains in force throughout the performance of the services and for three (3) years after completion of the Contract. If the policy is cancelled or not renewed during that time, the Contractor must purchase at its sole expense Discovery Clause coverage sufficient to complete the 3-year period after completion of the Contract. Written proof of this extended reporting period must be provided to the Agency prior to the policy’s expiration or cancellation.

3. Certificates of Insurance/Notices. Contractor shall provide a Certificate or Certificates of Insurance, in a form satisfactory to the OMH, before commencing any work under this contract.

Certificates shall reference the Contract Number. Certificates shall be mailed to the:

Contract and Procurement Services

NYS Office of Mental Health

Consolidated Business Office

Contract & Procurement Services – Unit N Upper

75 New Scotland Avenue

Albany, NY 12208

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 the OMH, Attn: NYS Office of Mental Health, 75 New Scotland Avenue, Albany, NY 12208. In addition, if required by the OMH, the

Contractor shall deliver to the OMH within forty-five (45) days of such request a copy of any or all policies of insurance not previously provided, certified by the insurance carrier as true and complete.

Certificates of Insurance shall:

a. Be in the form approved by OMH.

b. Disclose any deductible, self-insured retention, aggregate limit or any exclusion to the policy that materially changes the coverage required by the contract.

c. Specify the Additional Insureds and Named Insureds as required herein.

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d. Refer to this Contract by number, the Supplemental Certificate, and any other attachments on the face of the certificate,

e. When coverage is provided by a non-admitted carrier, be accompanied by a completed

ELANY Affidavit, and

f. Be signed by an authorized representative of the insurance carrier or producer.

Original, copies, faxed, and electronic documents (Certificates of Insurance, Supplemental

Insurance Certificates and other attachments) will be accepted.

4. Primary Coverage: 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 the OMH for any claim arising from the Contractor’s Work under this contract, or as a result of the Contractor’s activities. Any other insurance maintained by the OMH shall be excess of and shall not contribute with the Contractor’s insurance regardless of the ―other insurance clause contained in the Agency’s own policy of insurance.

5. Policy Renewal/Expiration: At least two (2) weeks prior to the expiration of any policy required by this contract, evidence of renewal or replacement policies of insurance with terms no less favorable to the OMH than the expiring policies shall be delivered to the OMH in the manner required for service of notice in Paragraph A.3. Certificates of Insurance/Notices above. If, at any time during the term of this contract, the coverage provisions and limits of the policies required herein do not meet the provisions and limits set forth in the Contract or proof thereof is not provided to the OMH, the Contractor shall immediately cease Work on the Project. The Contractor shall not resume Work on the Project until authorized to do so by the OMH. Any delay, time lost, or additional cost incurred as a result of the Contractor not having insurance required by the Contract or not providing proof of same in a form acceptable to the OMH, shall not give rise to a delay claim or any other claim against the OMH. Should the Contractor fail to provide or maintain any insurance required by this contract, or proof thereof is not provided to the OMH, the OMH may withhold further contract payments, treat such failure as a breach or default of the contract, and/or, after providing written notice to the Contractor, require the Surety, if any, to secure appropriate coverage and/or purchase insurance complying with the Contract and charge back such purchase to the Contractor.

6. Self-Insured Retention/Deductibles: Certificates of Insurance must indicate the applicable deductible/self-insured retention on each policy. For Construction contracts – General, Environmental, and/or Builders’ Risk deductibles or self-insured retentions above $100,000 are subject to approval from the OMH. Additional surety/security may be required in certain circumstances. The Contractor shall be solely responsible for all claim expenses and loss payments within the deductible or self-insured retention.

7. Subcontractors: Should the Contractor engage a Subcontractor, the Contractor shall endeavor to impose the insurance requirements of this document on the Subcontractor, as applicable.

Required insurance limits should be determined commensurate with the work of the Subcontractor.

Proof thereof shall be supplied to the OMH.

12. Background Checks and Requirements for Contractor providing services in OMH-operated

Facilities:

A. If the CONTRACTOR is providing services described in Appendix D, Program Work Plan, in his or her individual capacity such that the CONTRACTOR will have regular and substantial contact with any person who is receiving services or support from OMH:

1. CONTRACTOR agrees to be screened by OMH against the Staff Exclusion List (“SEL”) and Statewide Child Abuse Registry List (“SCR”) in accordance with Social Services Law Sections 424-a and 495. In the event that SCR notifies OMH of the existence of an indicated report, CONTRACTOR agrees to provide written consent to the SCR to release to OMH any and all

8 of 47 Revised (9/7/18) information SCR has regarding CONTRACTOR. CONTRACTOR shall provide such additional information as OMH, in its sole discretion, deems necessary to permit OMH to make a determination about CONTRACTOR’s suitability to provide the contract services. Any fees associated with this procedure will be paid by the OMH Facility.

2. By signing this Agreement, CONTRACTOR represents and warrants that:

i. CONTRACTOR has not previously engaged in any act in violation of any law which could compromise the health and safety of Facility patients.

ii. During the term of this Agreement, CONTRACTOR shall not engage in any act in violation of any law which could compromise the health and safety of Facility patients.

3. Prior to being permitted to provide services under this Agreement, CONTRACTOR shall execute the Justice Center Code of Conduct as required by the Protection of People with Special Needs Act. A copy of the Justice Center Code of Conduct can be found at the following link:

http://www.justicecenter.ny.gov/sites/default/files/documents/CodeOfConductForm-002.pdf

4. OMH may terminate the Agreement for cause immediately in the event that:

i. CONTRACTOR is listed on the SEL;

ii. CONTRACTOR fails to provide consent for release of information from SCR as required in subparagraph (a) above;

iii. CONTRACTOR fails to provide such additional information as OMH, in its sole discretion, deems necessary to permit OMH to make a determination about CONTRACTOR’s suitability to provider for the contract services;

iv. OMH, in its sole and absolute discretion, determines that CONTRACTOR is not suitable to provide the contract services based on information in the SCR or supplemental information provided by CONTRACTOR;

v. OMH receives reliable information that, prior or during the term of the Agreement, CONTRACTOR has engaged in an act in violation of the law which, in OMH’s sole and absolute discretion, could compromise the health and safety of Facility patients;

vi. CONTRACTOR fails to execute, or following execution, to comply with the required Justice Center Code of Conduct;

5. Prior to terminating the Agreement for cause as provided in subparagraph D(3)-(6) above, OMH shall provide CONTRACTOR with written notice and an opportunity to be heard. Contractor shall be suspended from performing services under the Agreement pending OMH’s final determination regarding termination.

B. If the CONTRACTOR provides the services described in Appendix D, via employees, agents, or subcontractors (subject individuals), wherein the subject individuals will have regular and substantial contact with any person who is receiving services or supports from OMH:

1. CONTRACTOR shall assure that the subject individuals agree to be screened by OMH against the SEL and SCR in accordance with Social Services Law Sections 424-a and 495. In the event that SCR notifies OMH of the existence of an indicated report, CONTRACTOR agrees that subject individual must provide written consent to the SCR to release to OMH any and all information SCR has regarding the subject individual. CONTRACTOR hall ensure that subject individuals provide such additional information as OMH, in its sole discretion, deems necessary to permit OMH to make a determination about subject individual’s ability to provide services to OMH patients. Any fees associated with this procedure will be paid by the OMH Facility.

http://www.justicecenter.ny.gov/sites/default/files/documents/CodeOfConductForm-002.pdf http://www.justicecenter.ny.gov/sites/default/files/documents/CodeOfConductForm-002.pdf http://www.justicecenter.ny.gov/sites/default/files/documents/CodeOfConductForm-002.pdf

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2. CONTRACTOR, solely at its own expense, shall pre-screen and conduct background checks which shall consist of an investigation to determine evidence of criminal history; verification of education, professional license, certification or other credentials required. CONTRACTOR assumes responsibility for ensuring that no subject individual has previously engaged in any act in violation of any law which could compromise the health and safety of Facility patients.

3. CONTRACTOR must assure that subject individuals agree to read and sign the Justice Center Code of Conduct.

4. OMH reserves the right to bar any subject individual from performing contract services under this Agreement in the event that such individual fails to meet the requirements set forth herein. OMH may terminate the Agreement for cause immediately in the event that CONTRACTOR is unable to provide services to the OMH facility via a subject individual who has complied with all requirements identified in items (i) – (iii) above.

13. Reserved Rights:

The New York State Office of Mental Health reserves the right to:

A. Withdraw the IFB at any time, at its sole discretion;

B. Disqualify any Bidder whose conduct and/or bid submission fails to conform to the requirements set forth in the IFB;

C. Seek clarifications and revisions of bid;

D. Use bid information obtained through site visits, management interviews, investigation of a Bidder’s qualifications, experience, ability or financial standing, and any material or information submitted by the Bidder in response to the OMH’s request for clarifying information in the course of evaluation and/or selection under this bid;

E. Prior to the bid due date, amend bid specifications to correct errors or oversights, or to supply additional information as it becomes available;

F. Change any of the scheduled dates stated herein;

G. Conduct contract negotiations with the next responsible Bidder should the OMH be unsuccessful in negotiating with the selected Bidder. This is to include completion of all required documents and signature of the contract;

H. Adjust or correct cost or cost figures with concurrence of the Offeror if mathematical or typographical errors exist;

I. Wave requirements or amend this IFB upon notification to all Offerors. Mandatory requirements may be eliminated if unmet by all Offerors;

J. Reject any or all bids received in response to this IFB;

K. Make an award under this IFB in whole or in part;

L. Prior to the bid due date, direct Bidders to submit proposal modifications addressing subsequent amendments/modifications to this IFB;

M. Eliminate any mandatory, non-material specifications that cannot be complied with by any of the prospective Bidders, and waive any requirement of this IFB that are not material;

N. Negotiate with the successful Bidder within the scope of this IFB, in the best interests of the State;

O. 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 Offeror’s bid and/or to determine an Offeror’s compliance with the requirements of the solicitation;

P. Utilize any and all ideas submitted in the bids received.

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14. NYS Department of Labor Prevailing Wage Rates:

[Does] apply to this solicitation.

ALL PUBLIC WORKS AND BUILDING SERVICE CONTRACTS, REGARDLESS OF A DOLLAR VALUE,

REQUIRE THE PAYMENT OF PREVAILING WAGES AND SUPPLEMENTS AS ESTABLISHED BY LAW

BY THE DEPARTMENT OF LABOR.

A copy of the prevailing wage schedules that apply to this solicitation is available athttp://apps.labor.ny.gov/wpp/publicViewProject.do?method=showIt&id=1480571 and is hereby incorporated by reference and made part hereto as fully as if it were set forth at length herein. This schedule is 84 pages in length and has a PRC # of 2019007341. See Exhibit D-1 for further information.

NOTE: By submitting a bid to this solicitation the Bidder is acknowledging that they have reviewed the prevailing wage rates that apply to this solicitation.

15. Consultant Disclosure Legislation:

[Does Not] apply to this solicitation.

16. Bid Confidentiality:

All bids submitted for OMH’s consideration will be held in confidence. However, the resulting contract is subject to New York State Freedom of Information Law (FOIL). Therefore, if a Bidder believes that any information in its bid constitutes a trade secret or should otherwise be treated as confidential and wishes such information not to be disclosed if requested, pursuant to FOIL. (Article 6 of the Public Officer’s Law), the Bidder shall submit with its bid a separate letter specifically identifying the page number(s), line(s), or other appropriate designation(s) containing such information, explaining in detail why such information is a trade secret and formally requesting that such information be kept confidential. Failure by a Bidder to submit such a letter with its bid identifying trade secrets will constitute a waiver by the Bidder of any rights it may have under Section 89(5) of the Public Officers’ Law relating to protection of trade secrets. The proprietary nature of the information designated confidential by the Bidder may be subject to disclosure if ordered by a court of competent jurisdiction. A request that an entire bid be kept confidential is not advisable since a bid cannot reasonably consist of all data subject to FOIL proprietary status.

17. Contract Payment:

All contractors are required to participate in the Electronic Payment program offered by the NYS Office of the State Comptroller (OSC). Payment for invoices submitted by contractors will only be rendered electronically unless payment by paper check has been expressly authorized by OMH’s Office of Financial

Management, at OMH’s sole discretion, due to extenuating circumstances. Electronic payments will be made in accordance with ordinary State procedures and practices. Contractors shall comply with the State

Comptroller’s procedures to authorize electronic payments. For additional information and to apply for

Electronic Payments, the CONTRACTOR is directed to the following web site:

http://www.osc.state.ny.us/epay/index.htm.

18. Contract Specifications

The OMH contract boilerplate is included with this IFB and contains additional specifications. All terms contained therein apply to this solicitation.

19. Debriefing:

A debriefing is available to any entity that submitted a proposal or bid in response to a solicitation. A Bidder will be accorded fair and equal treatment with respect to its opportunity for debriefing. A Debriefing http://apps.labor.ny.gov/wpp/publicViewProject.do?method=showIt&id=1480571 http://www.osc.state.ny.us/epay/index.htm

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20. Protest Procedure:

A Bidder wishing to challenge the selection of a firm for contract award must send a Notice of Protest on business letterhead, within seven (7) business days of notice of a contract being awarded, to the OMH designated contact in Section 2 of this IFB. If a request for a debriefing is received by OMH as set forth in

Section 19 of this IFB, then a Notice of Protest is due within two business days after the debriefing session occurs.

The Notice of Protest must include at a minimum the following information: (a) Contract number and title,

(b) the specific factual and/or legal allegations setting forth the basis on which the protesting party challenges the contract award, and (c) a contact name, address, and e-mail address to which OMH may address its Protest Determination.

OMH will review the Notice of Protest, and within fifteen (15) business days notify the protesting party of its Protest Determination. If OMH requires additional time, then it will notify the protesting party within the above stated fifteen (15) business days. OMH may summarily deny a protest that fails to contain specific factual or legal allegations. Upon receipt of OMH’s Protest Determination, the protesting party may file an appeal with the Office of the State Comptroller (OSC). The process for filing such an appeal is set forth at:

http://www.osc.state.ny.us/agencies/guide/files/XIatt2_17.pdf

21. Iran Divestment Act:

As a result of the Iran Divestment Act of 2012 (Act), Chapter 1 of the 2012 Laws of New York, a new provision has been added to the State Finance Law (SFL), § 165-a, effective April 12, 2012. By submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, Bidder/Contractor (or any assignee) certifies that it is not on the "Entities Determined To Be Non-

Responsive Bidders/Offerors Pursuant to The New York State Iran Divestment Act of 2012" list ("Prohibited

Entities List") posted on the OGS website at: http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf and further certifies that it will not utilize on such Contract any subcontractor that is identified on the Prohibited

Entities List.

Additionally, Bidder/Contractor is advised that should it seek to renew or extend a Contract awarded in response to the solicitation, it must provide the same certification at the time the Contract is renewed or extended. By submitting a bid in response to this solicitation or by assuming the responsibility of a

Contract awarded hereunder, Bidder/Contractor (or any assignee) certifies that once the prohibited entities list is posted on the OGS website, it will not utilize on such Contract any subcontractor that is identified on the prohibited entities list.

During the term of the Contract, should OMH receive information that a person (as defined in State Finance

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

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

http://www.osc.state.ny.us/agencies/guide/files/XIatt2_17.pdf http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf

BID SUBMISSION CHECKLIST

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OMH reserves the right to disqualify any bids that do not contain the mandatory items as specified for this Solicitation and the resulting Contract. Bidders should use the following checklist when submitting bids and include all required documents with bid proposals (mark the box to indicate inclusion of the documents):

Required document Type of Submission Included with Bid

Submission

Attachment C

Solicitation Cover Sheet

Include the completed hard copy (found on page 24 in this document).

Proof of required experience:

As required in the item 9.B.2 requirements, include proof of being in business performing the specific services required

Acceptable proof includes certification of incorporation or similar documentation illustrating the date that the business was legally established

Form ST-220 CA: Complete this form to certify that Form ST-220-TD has been filed with NYS

Tax Department.

Use the link provided in Section 9.B.3 to access the latest revision of the required form.

Attachment D

Bid Quote Sheet

Include a signed original (separate excel document, see page 25 in this document).

Attachment E

Non-Collusive Bidding Certification

Provide a signed and notarized original (found on page 28 of this document).

Attachment F

Business References

Include three references on form provided on page

31 of this document.

Attachment G:

Vendor Responsibility Questionnaire

Submit either hard copy questionnaire or be sure to update the VendRep online questionnaire using NYS

VendRep System if applicable.

Vendor Responsibility Certification Indicate format utilized by checking appropriate box on page 33 of this document.

Vendor Registration Requirement

Include the completed Substitute Form W-9. Use the link on page 33 to access, complete, and download the required form.

Attachment J-1:

Offeror’s Affirmation of Understanding

Provide the signed original (found on page 34 in this document).

Attachment J2:

OMH Offeror Disclosure of Prior Non-

Responsibility Determinations

Include the signed original (found on page 35 in this document).

Attachment K and K-1 - EEO Forms

EEO Employment Opportunity Policy

Statement/Attachment K. EEO Employment

Opportunity Staffing Plan/Attachment K-1.

Attachment L, L-1, M, M-1, and A-2: M/WBE and SDVOB compliance forms: Utilization

Plan, Application for Waiver if applicable, and the MWBE/EEO Policy Statement

Submit a completed and signed Attachment L, Attachment L-1, Attachment M, Attachment M-1 if applicable, and Attachment A-2 MWBE/EEO

Policy Statement

Attachment A-3 and Attachment N:

New York State Business Usage

Submit a completed and signed Attachment A-3

(page 20) and Attachment N (page 46).

Attachment O:

Sexual Harassment Prevention Certification

Submit a completed and signed Attachment O (page

467).

Workers’ Compensation/NYS Disability

Coverage required forms If required, include verification of required coverage.

Liability Insurance Coverage If required, include verification of required coverage.

Technician Qualifications Provide qualifications of technicians who would be assigned to provide the services described in Appendix D of the contract.

ATTACHMENT A

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CONTRACTOR REQUIREMENTS AND PROCEDURES FOR BUSINESS PARTICIPATION

OPPORTUNITIES FOR VENDORS CERTIFIED PURSUANT TO ARTICLE 15-A AND 17-E

NEW YORK STATE LAW

Pursuant to New York State Executive Law Article 15-A and 5 NYCRR 140-145 OMH recognizes its obligation under the law to promote opportunities for maximum feasible participation of certified minority-and women-owned business enterprises and the employment of minority group members and women in the performance of

OMH contracts.

In 2006, the State of New York commissioned a disparity study to evaluate whether minority and women-owned business enterprises had a full and fair opportunity to participate in state contracting. The findings of the study were published on April 29, 2010, under the title "The State of Minority and Women-Owned Business

Enterprises: Evidence from New York" (“Disparity Study”). The report found evidence of statistically significant disparities between the level of participation of minority-and women-owned business enterprises in state procurement contracting versus the number of minority-and women-owned business enterprises that were ready, willing and able to participate in state procurements. As a result of these findings, the Disparity Study made recommendations concerning the implementation and operation of the statewide certified minority- and women-owned business enterprises program. The recommendations from the Disparity Study culminated in the enactment and the implementation of New York State Executive Law Article 15-A, which requires, among other things, that OMH establishes goals for maximum feasible participation of New York State Certified minority- and women – owned business enterprises (“MWBE”) and the employment of minority groups members and women in the performance of New York State contracts.

Business Participation Opportunities for MWBEs

For purposes of this procurement, OMH hereby establishes an overall goal of 30% for MWBE participation, 16% for New York State certified minority-owned business enterprises (“MBE”) participation and 14% for New

York State certified women-owned business enterprises (“WBE”) participation (based on the current availability of qualified MBEs and WBEs). A contractor (“Contractor”) on the subject contract (“Contract”) must document its good faith efforts to provide meaningful participation by MWBEs as subcontractors or suppliers in the performance of the Contract and the Contractor agrees that OMH may withhold payment pending receipt of the required MWBE documentation. The directory of MWBEs can be viewed at: https://ny.newnycontracts.com.

For guidance on how OMH will determine a Contractor’s “good faith efforts,” refer to 5 NYCRR §142.8.

In accordance with 5 NYCRR §142.13, the Contractor acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract, such finding constitutes a breach of Contract and OMH may withhold payment from the Contractor as liquidated damages.

Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and (2) all sums actually paid to MWBEs for work performed or materials supplied under the Contract.

By submitting a bid or proposal, a bidder on the Contract (“Bidder”) agrees to demonstrate its good faith efforts to achieve its goals for the utilization of MWBEs by submitting evidence thereof through the New York State

Contract System (“NYSCS”), which can be viewed at https://ny.newnycontracts.com, provided, however, that a

Bidder may arrange to provide such evidence via a non-electronic method by contacting Brendan Glennon.

Please note that the NYSCS is a one stop solution for all of your MWBE and Article 15-A contract requirements. For additional information on the use of the NYSCS to meet Bidder’s MWBE requirements please see the attached MWBE guidance, “Your MWBE Utilization and Reporting Responsibilities Under

Article 15-A.”

Additionally, a Bidder will be required to submit the following documents and information as evidence of compliance with the foregoing:

https://ny.newnycontracts.com/ https://ny.newnycontracts.com/

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A. An MWBE Utilization Plan with their bid or proposal. Any modifications or changes to the MWBE Utilization Plan after the Contract award and during the term of the Contract must be reported on a revised MWBE Utilization Plan and submitted to OMH.

OMH will review the submitted MWBE Utilization Plan and advise the Bidder of OMH acceptance or issue a notice of deficiency within 30 days of receipt.

B. If a notice of deficiency is issued, the Bidder will be required to respond to the notice of deficiency within seven (7) business days of receipt by submitting to ATTN: Brendan Glennon, NYS Office of Mental Health, 75 New Scotland Ave., Unit Q, Albany, NY 12208, or by phone at (518) 549-5117 or fax at (518) 549-5112 a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by OMH to be inadequate, OMH shall notify the Bidder and direct the Bidder to submit, within five (5) business days, a request for a partial or total waiver of MWBE participation goals.

Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal.

OMH may disqualify a Bidder as being non-responsive under the following circumstances:

a) If a Bidder fails to submit a MWBE Utilization Plan;

b) If a Bidder fails to submit a written remedy to a notice of deficiency;

c) If a Bidder fails to submit a request for waiver; or

d) If OMH determines that the Bidder has failed to document good faith efforts.

The Contractor will be required to attempt to utilize, in good faith, any MBE or WBE identified within its MWBE

Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract Award may be made at any time during the term of the

Contract to OMH, but must be made no later than prior to the submission of a request for final payment on the

Contract.

The Contractor will be required to submit a Contractor’s Quarterly M/WBE Contractor Compliance & Payment

Report to the OMH, by the 10th day following each end of quarter over the term of the Contract documenting the progress made toward achievement of the MWBE goals of the Contract.

Equal Employment Opportunity Requirements

By submission of a bid or proposal in response to this solicitation, the Bidder/Contractor agrees with all of the terms and conditions of Appendix A – Standard Clauses for All New York State Contracts including Clause 12 -

Equal Employment Opportunities for Minorities and Women. 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, undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services unrelated to the Contract; or (ii) employment outside New York State.

The Bidder will be required to submit a Minority and Women-Owned Business Enterprises and Equal

Employment Opportunity Policy Statement, ATTACHMENT A-2, to OMH with their bid or proposal.

To ensure compliance with this Section, the Bidder will be required to submit with the bid or proposal an Equal

Employment Opportunity Staffing Plan (Attachment K-1) identifying the anticipated work force to be utilized on the Contract. If awarded a Contract, Bidder shall submit a Workforce Utilization Report and shall require each

15 of 47 Revised (9/7/18) of its Subcontractors to submit a Workforce Utilization Report, in such format as shall be required by The Office of Mental Health on a QUARTERLY basis during the term of the contract.

Pursuant to Executive Order #162, contractors and subcontractors will also be required to report the gross wages paid to each of their employees for the work performed by such employees on the contract utilizing the

Workforce Utilization Report on a quarterly basis.

Further, pursuant to Article 15 of the Executive Law (the “Human Rights Law”), all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor and sub-contractors will not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and 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.

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.

PARTICIPATION OPPORTUNITIES FOR NEW YORK STATE CERTIFIED SERVICE-DISABLED VETERAN

OWNED BUSINESSES

Article 17-B of the New York State Executive Law provides for more meaningful participation in public procurement by certified Service-Disabled Veteran-Owned Businesses (“SDVOB”), thereby further integrating such businesses into New York State’s economy. OMH recognizes the need to promote the employment of service-disabled veterans and to ensure that certified service-disabled veteran-owned businesses have opportunities for maximum feasible participation in the performance of OMH contracts.

In recognition of the service and sacrifices made by service-disabled veterans and in recognition of their economic activity in doing business in New York State, Bidders are expected to consider SDVOBs in the fulfillment of the requirements of the Contract.