CTV Media Buy RFP.pdf

CTV Media Buy Request for Proposal # 260018

(General Services)

Deadline for submissions:

09/30/2026, 2:00 pm EST

Designated Contact:

Christine Walterick Purchase Assistant 585-395-5144 350 New Campus Drive, 5th Floor Allen Brockport, NY 14420 cwalterick@brockport.edu

Version 03092020 mailto:tcustara@brockport.edu

Table of Contents of CONTENTS

Summary Information Form

Overview

Background

Section 3.1: University Background

Section 3.2: Project Description

Minimum Bidder Qualifications

Scope of Desirable Services

Cost Proposal

Key Events

Section 7.1: Bidder Questions

Section 7.2: Bid Opening

Evaluation Process

Proposal Submission Requirements

Section 9.1: Proposal Format

Other Proposal Requirements

Section 10.1: Determination of Vendor Responsibility

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

Section 10.3: Non-Collusive Bidding Certification

Section 10.4: Executive Order 162 (EO 162)

Section 10.5: Executive Order 177 (EO 177)

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

Section 10.7: Diversity Requirements

Equal Employment Opportunity Requirements

Service-Disabled Veteran-Owned Businesses (SDVOB)

Minority and Women-Owned Business Enterprises (MWBE)

Assessment of Diversity Practices

Section 10.8: Subcontracting

Section 10.9: General Insurance Requirements

Section 10.10: Automobile Insurance Requirements

Section 10.11: Compliance with NYS Consulting Services Reporting Requirements

General Contract Terms & Conditions

Attachment 1: Proposal Submission Checklist

Attachment 2: Diversity Practices Questionnaire

Attachment 3: New York State Human Rights Law Executive Order 177 Certification

Attachment 4: New York State Finance Law 139-l Certification

Attachment 5: Procurement Lobbying Act Certification

Attachment 6: Non-Collusive Bidding Certification

Attachment 7: New York State Finance Law § 139-m Certification

Attachment 8: Minimum Bidder Qualifications Checklist

Attachment 9: Cost Proposal Worksheet – RFP 260018

Exhibit A: State University of New York Standard Contract Clauses

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

Exhibit B: General Contract Terms and Conditions

Exhibit C: SUNY Proposal Submission Guidelines

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

RFP #: 260018 RFP Title: CTV Media Buy RFP Release Date: 08/27/2026 Electronic copies of this RFP are available at:

Key Events Requested Submission of Questions and Requests for Clarification 09/17/2026 @ 2:00 pm EST Response to questions/requests for clarification issued 09/24/2026 @ 2:00 pm EST Pre-Bid Conference N/A Pre-Bid Site Visit N/A Notice of Intent to Bid Due (if applicable) N/A Proposal Due Date and Time (Any proposal received after the deadline will not be considered)

09/30/2026 @ 2:00 pm EST

Presentation, Demonstration, Interview N/A Anticipated Notification of Award 10/31/2026 Anticipated Contract Start Date 01/01/2027 Length of Contract 3 years with the option of (2) 1-year renewals SUNY reserves the right, in its sole discretion, to modify the above schedule. Bidders will be notified of any changes in a timely manner

Contact Information

Primary Contact:

Christine Walterick Purchase Assistant SUNY Brockport cwalterick@brockport.edu 585-395-5144

Secondary Contact:

Tara Custara Purchase Assistant SUNY Brockport tcustara@brockport.edu 585-395-5141

Other Contact:

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

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

Identification Number:

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

Street Address: City/State: Zip Code:

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

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

Bidders Signature: Title:

Printed Name: Date:

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

RFP has been included in Bidder’s proposal.

Summary Information Form mailto:cwalterick@brockport.edu mailto:tcustara@brockport.edu

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This Request for Proposal (RFP) is issued by the State University of New York (herein after referred to as “SUNY”) to solicit proposals from qualified partners/vendors with expertise in Connected TV (CTV) media buying and planning.

This Request for Proposal (RFP) outlines relevant terms and conditions, and includes all applicable information required for submitting a proposal. To ensure compliance with the RFP requirements, and to prevent disqualification, Proposers must follow all instructions, including in “Section 9: Proposal Submission Requirements.”

Section 3.1: University Background

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

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

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

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

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

SUNY is committed to reducing administrative costs, maximizing efficiencies and increasing the amount of resources allocated to academics and student services. As part of this commitment, SUNY is collaboratively sourcing and streamlining procurement efforts. Bidders doing business with SUNY will also benefit from this streamlined procurement approach, as it saves the time and effort of responding individually to separate campuses and managing multiple agreements.

About the State University of New York at Brockport (SUNY Brockport)

Founded in 1835, SUNY Brockport is a public, comprehensive four-year college, located in Brockport, NY. Brockport offers 100 undergraduate majors, 2 doctoral programs, and 70 plus master’s degree programs, teacher certification, and advanced certificates. In addition, SUNY Brockport has approximately 8,000 undergraduate and graduate students. Our alumni serve in leadership roles in business, government, public safety, health care, the arts, sciences and education.

Section 3.2: Project Description

Overview

Background

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SUNY Brockport is seeking proposals from qualified marketing agencies to deliver comprehensive Connected TV (CTV) expertise. The selected partner will be responsible for developing an integrated digital marketing strategy, executing data-driven media planning, and managing programmatic media buying to optimize the institution's enrollment and brand awareness campaigns for CTV. SUNY Brockport’s in-house University Communications staff develop ad copy and designs for CTV.

Payment processing will occur on a monthly basis, and monthly spending over the three-(3) to five-

(5) year duration of the contract will fluctuate.

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

1. Accessibility through a central point of contact and a stated plan for communication throughout the engagement, including regular meetings with university stakeholders to review campaign performance and discuss next steps, ability to hold meetings and conduct business between 8 am and 4 pm. Eastern Standard Time (EST); and a reporting dashboard or other mechanism for the University to review advertising performance metrics.

2. At least five (5) years demonstrated experience in the scope of services of this RFP, as outlined in Section 5. The bidder must indicate in its response whether any of the functions required under this contract have previously been subcontracted or assigned to partner agencies.

3. The ability to operate credit accounts with media platforms and to manage lines of credit with those platforms so that the firm can successfully pre-pay these costs or utilize existing lines of credit, with a monthly reimbursement of these costs by SUNY Brockport.

4. Experience with Google Tag Manager, UTM’s and conversion tracking best practices, and a willingness to work collaboratively with the University Communications team to assess campaign performance and ROI.

5. A history of lead acquisition or lead generation from the media advertising buys they have completed.

6. At least two samples of media plans and buys developed for a current or former client.

7. Names and telephone numbers of three (3) current or former clients, including at least two (2) clients in the higher education sector, that can substantiate the quality of the bidder’s work within the past three (3) years. Please include context about work performed for each reference that demonstrates the bidder’s ability to execute projects similar in scope, size and nature of this RFP.

Minimum Bidder Qualifications

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

In response to this section complete and submit Attachment 8, Minimum Bidder Qualifications Checklist.

SUNY Brockport is seeking a CTV digital media buying and planning service firm to develop and execute comprehensive media planning and buying campaigns for CTV that drive conversions for undergraduate and graduate recruitment, both nationally and internationally; image and brand awareness; alumni relations and development; and other assignments as needed.

The media spend for the contract will range from $50,000 to $200,000 per year for the first three years of the contract, and the contractor must have the flexibility to scale up or down in the subsequent two (2) one-year term renewals based on advertising performance, development of new academic programs and the university’s evolving enrollment objectives.

Key conversion metrics will include:

• Undergraduate and graduate lead generation

• Applications for admission (first-year, transfer, adult and graduate)

• Registrations for campus events aimed at prospective students, alumni, and the community

The firm will provide all the following services:

A. strategic media planning: expert solutions in utilizing CTV media for the individual campaign goals and objectives as determined by SUNY Brockport;

B. buying and placement for specific demographic and geographic targets within and outside of New York State;

C. monitoring the effectiveness of every media buy, providing specific and detailed purchase information and analysis, collaborating with University Communications to track conversions and other agreed-upon KPIs, and presenting opportunities to refine campaign tactics or reallocate resources to improve performance.

The contractor must provide the following specific services and activities to SUNY Brockport through its own resources:

A. Account Management

The contractor shall provide a seasoned media account team that will work collaboratively with SUNY Brockport to manage the activities of the account. The team will be responsible for preparation of the following:

1. Media planning – Media plans must be presented to SUNY Brockport prior to the implementation of a media buy. The plan should follow the University's objectives, reflecting a keen understanding of the latest media trends and changes in audience behavior, ensuring campaigns are both relevant and effective. Plans will include appropriate market

Scope of Desirable Services

5 | Page research and competitive intelligence on digital channels and audiences, budget optimization, measurement, and benchmarks to measure Return on Investment (ROI).

2. Media Buys– Proposed schedules for media buys must be provided to SUNY Brockport before the launch of a campaign is approved. Schedules should include target audience, timing and scheduling, costs, relevant KPIs and projected return on investment.

3. Campaign Management – Contractor will manage digital campaigns.

• Contractor will:

o Monitor campaign ads and revise as needed and approved by the University;

o Provide monthly report(s) detailing the number of impressions, number of click-thrus, cost, average cost per click, and total cost;

o Track applications through enrollment attribution (connects household ad exposure directly to the University’s CRM or application portal) at the end of each campaign, making recommendations to appropriate University personnel based on performance.

o Create and edit GTM tags in support of campaign tracking, report on results, and remove unneeded tags when campaigns have finished.

o Create UTM codes to track ad performance.

• Contractor may be required to provide an Ad server for monitoring of digital placements.

• Contractor must be able to prove that they employ professional staff members who have completed industry-recognized digital marketing certification (i.e. Google Skillshop, StackAdapt, Trade Desk Edge Academy).

4. Campaign Status Reports – Monthly campaign reports (schedule agreed upon per campaign phase between SUNY Brockport and contractor). The reports will include the recommended and executed optimizations for media resulting from the review of status reports.

5. Meeting Schedule –Staff will be responsible for meeting virtually or in person with SUNY

Brockport University Communications staff once a month (or more frequently as agreed upon by SUNY Brockport and contractor) to report on buy status, present media campaign buy proposals and summarize completed media campaign results.

B. Strategic Media Planning

The contractor will conduct research, using analytical tools and other data at its disposal, to develop the most creative and effective media plans to achieve stated objectives. Contractor must provide SUNY Brockport with analyses, evaluations and recommendations based on professional experience, market research and a strategic framework, including but not limited to:

1. Audience size, location and demographics

2. Strategies and tactical details

3. Media plans and other data to illustrate the planned placements and costs associated with media buy

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4. Time requirements and/or projections

5. Industry trends and/or new developments in media strategy, media planning and buying in order to employ new methods as they become available.

C. Media Negotiation and Placement

In collaboration with SUNY Brockport, the contractor must develop and maintain a media buy schedule and ordering process in order to effectively and efficiently manage the SUNY Brockport account. The contractor will be responsible for the placement and purchase of all CTV media and must employ account and financial management practices that allow each project to be successfully executed on time and at or below the estimated budget. In negotiating media purchases, the contractor will notify SUNY Brockport of any savings that could be achieved through long-term commitments or other specialized programs.

Contractor must:

1. Provide media buying strategies that reach the target audiences as identified by SUNY Brockport

2. Obtain the size and format information for all ads based on placement, and provide it to SUNY Brockport to develop advertising creative

3. Negotiate best rates, added-value, and make-goods, and provide reports or summaries of the value additions and make-goods

4. Recommend potential cost reduction ideas for media buying plans

5. Manage electronic distribution of media

6. Track each media buy from initial request to completion.

D. Placement Verification

The contractor will be responsible for ensuring all media were broadcast or published according to placement instructions. The contractor will provide:

1. Affidavits of performance, tear sheets; either hard copy or electronic, of print ads

2. Completion photos of out-of-home ads and screenshots of internet ads; and/or verification documents that indicate the run dates and/or times and the circulation or ratings achieved

E. Post-Buy Analysis, Billing, and Reconciliation Services

Contractor must track and evaluate all media buys. Contractor activities include:

1. Monitoring and maintaining the effectiveness of a media buy

2. Providing a post-buy analysis within five (5) business days of the completion of each campaign phase, and within ten (10) business days of the completion of the first and second years of the contract, or as requested by SUNY Brockport

3. Tracking the SUNY Brockport individual buy plans to ensure buys stay within budget limitations

4. Providing costs of media on a per unit and per lead basis

5. Providing a billing reconciliation within five (5) business days of the conclusion of each media buy campaign unless otherwise agreed upon between SUNY Brockport and contractor

6. Submitting invoices. Original media invoices and receipts from media outlets must be included.

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Note: Additional Proposal Requirements are also set forth throughout this RFP and should be included in all proposals.

Proposals should include a Work Plan and a Profile as described below:

A. A detailed Work Plan that includes:

1. A proposal overview that condenses and highlights the contents of the proposal in such a way as to provide the technical review committee with a broad understanding of the entire proposal.

2. A statement of the bidder’s understanding of the needs of the university.

3. The firm’s overall comprehensive higher education media buy strategy. The strategy must demonstrate an understanding of SUNY Brockport and the environment of higher education, and it should include details regarding the firm’s experience and success in purchasing media buys targeted to higher education consumers.

4. A description of the types of media purchasing in which the firm specializes.

5. Your firm’s data analysis process, which includes your research processes and analytical tools that will be used in determining the most effective ways to reach and engage potential students. Do you partner with outside firms for data analysis or have access to repositories such as Google Trends, etc.? How does your firm intend to track and share emerging demographic data with SUNY Brockport over the course of this contract?

6. An Audience Development Strategy emphasizing your firm’s knowledge, understanding and realization that the media market is currently undergoing major shifts. What are the ways your firm can use available data to identify the best ways to reach unique audience demographics with messages that will resonate? How do you plan to continually track the effectiveness of this campaign and recommend changes in budgetary and/or platform priorities based on lead generation results?

7. A description of your plan to communicate and collaborate with the university to plan campaigns, monitor performance and assess results. Do you use project management tools, dashboards such as Looker Studio, UTM tagging, proprietary pixels, and/or other methods of tracking campaign ROI?

8. The firm’s contingency plan for the replacement of principals should an emergency arise.

B. A detailed Profile that includes:

1. A written response that clearly indicates the firm meets or exceeds the seven (7) Minimum

Bidder Requirements set forth above in Section 4. Please see Attachment 8: Minimum Bidder Qualifications Checklist.

2. The number of years that the company or its officers have been engaged in providing comparable services to educational institutions.

3. A narrative addressing your firm’s ability and experience purchasing media for higher education clients. Detail this type of work done (should include CTV) for a minimum of three

(3) clients within the past 36 months, with at least two (2) clients in the higher education sector. Describe the delivered outcomes to each of these campaigns, with as much specificity as possible on campaign goals (e.g. leads, video views, impressions, and cost

8 | Page per result). What are the influencing factors you use in determining how to create unique budgets and audience demographics for each?

4. Details of your firm’s ability to generate and deliver leads. Please indicate whether you have experience with the Slate CRM.

5. Information regarding the experience and background of the firm’s principals.

6. The number of employees in the firm who will be servicing this engagement, their titles, their qualifications and the number of years’ experience they each have in the field of media buying and planning.

7. A list of accounts where a contract was terminated by the customer within the past 5 years.

All Services must be included in the financial evaluation.

Complete Attachment 9: Cost Proposal Worksheet. No modifications may be made to the Cost Proposal Submission Form and Bidders are encouraged to seek clarification. Modifications to the Cost Proposal Response Form may result in disqualification.

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

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

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

• Quote Hold: The submission of a proposal constitutes a non-revocable, binding offer to perform and provide said services. Such binding offer shall be firm and not revocable for a period of one hundred eighty (180) days from event close date. Subsequent to such one hundred eighty (180) days, the proposal is subject to withdrawal communicated in writing and signed by the Bidder.

• Tax Exempt: SUNY is exempt from sales tax. All prices should be quoted without the sales tax.

Section 7.1: Bidder Questions

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

Cost Proposal

Key Events

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

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

Section 7.2: Bid Opening

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

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

1. Administrative Review Each proposal received by the due date and time will be screened for completeness and conformance of submission in accordance with Attachment 1: Proposal Submission Checklist.

All items listed in Attachment 1 must be included with the proposal.

2. Minimum Bidder Qualifications Review

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

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

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

4. Cost Evaluation SUNY Brockport’s Procurement Office will independently score the cost proposals. The Cost Proposal Worksheet attached to this RFP must be completed by the bidder in accordance with the instructions provided on the worksheet. Bidders must not modify Attachment 9: Cost

Evaluation Process

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Proposal Worksheet. Rates quoted must include all travel and out-of-pocket expenses required to perform the contract. SUNY Brockport will make no reimbursement for travel or travel-related expenses.

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

5. Finalist Review In accordance with Section 163 (9) f of the NYS Finance Law, prior to making a contract award each contracting agency shall make a determination of responsibility of the proposed Contractor as discussed in Section 10.1, Determination of Vendor Responsibility. SUNY will conduct a review of vendor responsibility for the Bidder earning the highest final composite score, and any proposed subcontractors. SUNY will consider any information that raises issues concerning the vendor’s responsibility, with consideration given to its relevance to the scope of work. The review will include factors such as financial and organizational capacity, legal authority, integrity and previous contract performance.

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

Technical Proposal Points % Responsiveness of the proposal in clearly demonstrating an understanding of the RFP and the Scope of Service

10 10%

The bidder’s approach to this engagement as supported by the quality, depth, and completeness of the bidder’s Work Plan

25 25%

Qualifications, experience, and capacity of the firm, its principles and its staff in the industry of higher education media buying and planning as supported by the quality, depth, and completeness of the bidder’s Work Profile

30 30%

Client References 10 10%

Total Technical Proposal 75 75% Cost Proposal 25 25% Total 100 100%

The Bidder earning the highest final composite score may be selected for a contract award with SUNY and, if selected, will be notified by SUNY. Contract award shall be made by issuance of an award notice. All Bidders will be notified of the name of the selected awardee. SUNY

11 | Page contracts may be subject to approval by the NYS Attorney General and the Office of the State Comptroller. SUNY reserves the right to award no contract pursuant to this RFP.

SUNY reserves the right to:

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

2. Make no contract award.

3. Reject any or all portions of any proposal, negotiate terms and conditions consistent with this

RFP and make an award for any or all remaining portions.

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

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

RFP.

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

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

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

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

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

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

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

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

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

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

7. Reserved Rights

Proposal Submission Requirements

12 | Page points and questions that appear in this RFP and should do so in the order that they appear.

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

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

Section 9.1: Proposal Format

Send one (1) hard copy and three (3) flash drives of your signed and notarized proposal to:

SUNY Brockport Procurement & Payment Services

RFP # 260018

350 New Campus Drive

Brockport, NY 14420

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

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

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

4. Proposal Packages:

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

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

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

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

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

7. Submit one (1) hard copy of your proposal and three (3) flash drives. Proposals must be received by the due date and time and to the primary contact provided on the Summary Information Form. Bidders mailing their proposals must allow sufficient time to ensure receipt http://www.ogs.state.ny.us/aboutOgs/regulations/defaultAdvisoryCouncil.html

13 | Page by the due date and time. Bidders are cautioned that even when using a trackable mailing/courier/messenger service, proposals must be received by the due date and time.

While proposals may be signed for by personnel at SUNY prior to the due date and time, this does not guarantee that the identified office will receive the proposal by the due date and time.

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

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

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

(90) days from proposal due date.

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

12. Each copy of the proposal MUST be accompanied by the documents listed in Attachment 1:

Proposal Submission Checklist.

Section 10.1: Determination of Vendor Responsibility

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

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

Other Proposal Requirements

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

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

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

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

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

SUNY’s procurement record must demonstrate compliance with these procedures. A determination that a Bidder or a person acting on behalf of a Bidder has intentionally made a Contact or provided inaccurate or incomplete information as to its past compliance with State Finance Law §§139-j and 139-k, is likely to result in denial of the award of contract under this RFP. Additional sanctions may apply. A complete copy of SUNY’s Procurement Lobbying Policy and Procedure and its accompanying forms is available for review at http://www.suny.edu/sunypp/documents.cfm?doc_id=430

In response to this section, complete and submit Attachment 5, Procurement Lobbying Act Certification.

Section 10.3: Non-Collusive Bidding Certification

In response to this section, complete and submit a completed Attachment 6, Non-collusive Bidding Certification.

Section 10.4: Executive Order 162 (EO 162)

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

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Bidder agrees to submit Workforce Utilization Report (Form 7557-110) and to require the same information to be submitted by any of their subcontractors on the state contract, in such format as shall be required by SUNY on a monthly basis for all construction contracts and quarterly basis for all other contracts during the term of the contract. Empire State Development has provided specific details on this requirement at https://esd.ny.gov/doing-business-ny/mwbe/mwbe-executive-order-162.

Section 10.5: Executive Order 177 (EO 177)

The New York State Human Rights Law, Article 15 of the Executive Law, prohibits discrimination and harassment based on age, race, creed, color, national origin, sex, sexual orientation, gender identity, disability, marital status, military status, or other protected status. The Human Rights Law may also require reasonable accommodation for persons with disabilities and pregnancy-related conditions. A reasonable accommodation is an adjustment to a job or work environment that enables a person with a disability to perform the essential functions of a job in a reasonable manner. The Human Rights Law may also require reasonable accommodation in employment on the basis of Sabbath observance or religious practices. Generally, the Human Rights Law applies to: (i) all employers of four or more people, employment agencies, labor organizations and apprenticeship training programs in all instances of discrimination or harassment; (ii) employers with fewer than four employees in all cases involving sexual harassment; and (iii) any employer of domestic workers in cases involving sexual harassment or harassment based on gender, race, religion or national origin.

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

In response to this section, complete and submit Attachment 3, NYS Human Rights Law Executive Order 177 Certification.

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

Pursuant to N.Y. State Finance Law § 139-l, every bid made on or after January 1, 2019 to the State or any public department or agency thereof, where competitive bidding is required by statute, rule or regulation, for work or services performed or to be performed or goods sold or to be sold, and where otherwise required by such public department or agency, shall contain a certification that the Bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of N.Y. State Labor Law § 201-g.

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

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

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

In response to this section, complete and submit Attachment 4, New York State Finance Law § 139-l Certification.

Section 10.7: Diversity Requirements Equal Employment Opportunity Requirements

a. Pursuant to Article 15 of the Executive Law (the "Human Rights Law"), all other State and Federal statutory and constitutional non-discrimination provisions, the Bidder will not discriminate against any employee or applicant for employment because of race, creed, color, sex, religion, national origin, military status, sexual orientation, gender identity or expression, age, disability, predisposing genetic characteristics, domestic violence victim status, familial status or marital status. The Bidder shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest. The Bidder will state in all solicitations or advertisements for employees that, in the performance of this Contract, all qualified applicants will be afforded equal employment opportunities without discrimination.

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

c. By submission of a bid or proposal in response to this solicitation, the Bidder agrees with all of the terms and conditions of SUNY Exhibit A including Clause 12 - Equal Employment Opportunities for Minorities and Women and acknowledges that, if the Bidder is awarded a Contract, The Contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor, shall undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation.

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This requirement does not apply to: (i) work, goods, or services unrelated to the Contract;

or (ii) employment outside New York State.

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

Please Note: Failure to comply with the foregoing requirements may result in a finding of non-responsiveness, non-responsibility and/or a breach of the Contract, leading to the withholding of funds, suspension or termination of the Contract or such other actions or enforcement proceedings as allowed by the Contract.

Service-Disabled Veteran-Owned Businesses (SDVOB)

SUNY is committed to the State's policy of encouraging the development of service-disabled veteran-owned businesses (SDVOB). The Service-Disabled Veteran-Owned Business Act (the “Act”) became effective on May 12, 2014, and SUNY has implemented the State's comprehensive plan and operational guidelines to promote SDVOBs and to assist them in obtaining opportunities to participate in the procurement of goods and services by the State.