CNY DDSO Contractor Requirements 2026.docx

CNY Contractor Requirements

1. CONTRACTOR RESPONSIBILITY: Contractor to meet all local and state building codes for structural, electrical, plumbing or as applicable. All material and tools on work site must be secure to provide safety to house staff and consumers. Work site is to be cleared of debris and broom swept at the end of each day.

2. Wage and Hours Provisions:

If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor’s employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department.

Pursuant to § 9 (A), Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law.

Pursuant to § 9 (A), Contractor and its subcontractors must provide OPWDD with a certified payroll when submitting an invoice for payment.

Effective December 30, 2024, in order to be qualified to work on public works projects covered by Article 8 of the Labor Law, all contractors (including subcontractors) must be registered with the New York State Department of Labor (NYSDOL) in accordance with Labor Law § 220-i. Contractors must be registered before submitting a bid. In addition, contractors must be registered prior to commencing any new work. Please note that subcontractors are not allowed without OPWDD written approval.

For more information and instructions on how to become registered, please visit the NYS Department of Labor website at: Contractor and Subcontractor Landing | Department of Labor

Starting December 31, 2025, all contractors and subcontractors working on projects covered by Article 8 of NYS Labor Law must electronically provide certified payroll records to the New York State Department of Labor through the Certified Payroll portal. NYSDOL has provided a step-by-step user guide that details how to create a new project and how to submit a payroll report within the Certified Payroll portal.

3. Insurance: The Contractor agrees that without expense to the State, insurance will be maintained during the period of the proposal and contract, insurance of the kinds and in the amounts indicated, with insurance companies authorized to do such business in the State of New York, covering all operations under this proposal and contract.

A. The Contractor shall furnish to OPWDD a Certificate or Certificates in a form satisfactory to the Agency, showing compliance with the requirements of this section. The State of New York Office for People with Developmental Disability will be expressly named as additional insured on each policy in accordance with above. The necessary Certificates of Insurance of the awarded bidder must be forwarded to the OPWDD liaison within 14 days after notice. Certificates shall state the policies shall not be changed or cancelled until 30 days written notice has been given to OPWDD. Required insurances include but may not be limited to:

(1) A policy covering the obligations of the successful bidder in accordance with the Workers’ Compensation Law. The contract shall be void and of no effect unless the successful bidder procures such policy and maintains it during the period of the contract. The Workers Compensation Board website can be found here: www.wcb.ny.gov/

(2) Policies covering bodily injury, liability and property damage of the types hereinafter specified, each with limits of liability not less than $1,000,000.00 for all damages arising out of bodily injury, including death at any time resulting there from, sustained by one person in any one accident, and subject to that limit for that person, and not less than $2,000,000.00 for all damages arising out of bodily injury, including death at any time resulting there from, sustained by two or more persons in any accident and not less than $2,000,000.00 for all damages arising out of injury or destruction of property.

a. Contractor's liability insurance issued to and covering the liability of the successful bidder with respect to all work performed by them under the proposal and the contract.

b. Protective liability insurance issued to and covering the liability of the people of the State of New York with respect to all operations under this proposal and the contract, by the successful bidder, including omissions and supervisory acts of the State.

(3) If all or part of the contract requires services of a professional consultant a policy covering Professional Liability Insurance is required.

(4) Automobile Liability insurance is required anytime the activity might involve a vehicle entering Agency property or if a vehicle is used as part of the service or work provided.

(5) The certificate holder for these forms must read:

OPWDD

187 Northern Concourse North Syracuse, NY 13212

4. If Subcontractors are used, they must be pre-approved by the CNY DDSO

5. Work must be guaranteed for at least one year. Warranty is to include parts, materials, and labor.

6. Contractors may be removed from the CNY DDSO Contractor’s List for any of the following reasons: (1) Poor workmanship. (2) Failure to meet project deadlines. (3) Failure to follow program specifications and requirements. (4) Poor evaluations Prior work performance will be used as an evaluation tool in the award decision. (5) Failure to submit payrolls for prevailing wage review. (6) Failure to respond to bid package solicitations.

7. Invoices are to be submitted no later than 30 days from the date on the invoice. Invoice must indicate: PO and or CC#-, Unit ID#3660234 and type of service rendered.

Email a pdf copy of your invoice, BSC Invoice Submission Form and supporting documentation to the BSC at: accountspayable@ogs.ny.gov with the following subject field: Contractor Name, OPWDD, Unit ID # 3660234 and Invoice #

The state of New York may require the Contractor to submit billing invoices electronically. E-Invoicing information may be found at: https://bsc.ogs.ny.gov/nys-vendors

The OPWDD shall pay invoices submitted by the Contractor within thirty (30) calendar days (excluding legal holidays) from confirmation of services by the designated payment office, in accordance with New York State Finance Law Article 11-A. These payments may be adjusted by the OPWDD to reflect only those expenditures that were made in accordance with the bid.

8. The winning bidder will be required to sign indicating their agreement to Appendix A, Standard Clauses for New York State Contracts.

9. The vendor awarded this project will be issued a Purchase Order in the Statewide Financial System. Awards are not final, and work should not be completed until a Purchase Order is issued. If the awarded vendor is not registered as a vendor in the Statewide Financial System a Substitute W-9 will be required so that we can submit a request to register you in the system.

10. CNY DDSO RESERVES THE RIGHT TO:

(1) The Agency reserves the right to make awards within (60) days or such longer period as shall be specified in the bid documents after the date of the bid opening, during which period bids shall not be withdrawn unless the bidder distinctly states in the bid that acceptance thereof must be made within a shorter specified time. If, however, an award is not affected within the ninety (60) day period, a bid shall remain firm until such later time as either a contract is awarded by the State or the bidder delivered to the Agency written notice of the withdrawal of the bid.

(2) Reject any or all proposals received in response to the IFB/RFP.

(3) Withdraw the IFB/RFP at any time, at the agency’s sole discretion.

(4) Make an award under the IFB/RFP in whole or in part.

(5) Disqualify any bidder whose conduct and/or proposal fails to conform to the requirements of the IFB/RFP.

(6) Seek clarifications and revisions of proposals.

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

(8) Prior to the bid opening, amend the IFB/RFP specifications to correct errors or oversights, or to supply additional information, as it becomes available.

(9) Prior to the bid opening, direct bidders to submit proposals modifications addressing subsequent IFB/RFP amendments.

(10) Change any of the scheduled dates.

(11) Eliminate any mandatory, non-material specifications that cannot be complied with by all of the prospective bidders.

(12) Waive any requirements that are not material.

(13) Negotiate with the successful bidder within the scope of the IFB/RFP in the best interests of the state.

(14) Conduct contract negotiations with the next responsible bidder, should the agency be unsuccessful in negotiating with the selected bidder.

(15) Utilize any and all ideas submitted in the proposals received.

(16) Unless otherwise specified in the solicitation, every offer is firm and not revocable for a period of days from the bid opening.

(17) 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 proposal and/or to determine an offeror’s compliance with the requirements of the solicitation. Depending on the nature of the procurement, there may be additional state reserved rights beyond those presented here.