Environmental Cost Analysis Request for Proposals

Issued: August 17, 2026

IMPORTANT NOTICE: A restricted period under the Procurement Lobbying Law is currently in effect for this Procurement and it will remain in effect until approval of the Contract. Anyone considering responding to this RFP (hereinafter, “Respondent” or “Respondents”) is prohibited from contact related to this procurement with any New York State employee other than the designated contacts listed below.

Designated Contacts for this Procurement:

Primary Contact: Ralph Volcy Secondary Contact: Shanah Jack

All contacts/inquiries shall be made by email to the following address:

EnvironmentalCostAnalysis2026@esd.ny.gov

Proposals must be sent to the designated Dropbox:

https://www.dropbox.com/request/w1rburuqycti5flfj8ph

This RFP is posted on the Empire State Development website:

https://esd.ny.gov/doing-business-ny/requests-proposals

Submission Deadline: September 18, 2026, by 2:00 PM EST

Proposals deemed to have arrived late will not be accepted mailto:XXX@esd.ny.gov https://www.dropbox.com/request/w1rburuqycti5flfj8ph https://esd.ny.gov/doing-business-ny/requests-proposals

Contents

I. INTRODUCTION

II. OVERVIEW

III. MWBE & SDVOB SUBCONTRACTOR INTEREST

IV. SCOPE OF WORK

V. SCHEDULE OF DATES

VI. SELECTION CRITERIA

VII. SUBMISSION OF PROPOSALS

i. Technical Proposal

ii. Administrative Proposal

iii. Submission of a Complete Two-Part Proposal

VIII. QUESTIONS

IX. GENERAL PROVISIONS

X. CONTRACTUAL REQUIREMENTS

i. Non-Collusive Bidding Certification

ii. Conflicts of Interest

iii. State Finance Law Sections 139-j and 139-k forms

iv. Vendor Responsibility Questionnaire

v. Iran Divestment Act

vi. Executive Order 16

vii. Executive Order 177

viii. Compliance with State Finance Law Section 139-m

ix. Non-Discrimination and Contractor & Supplier Diversity Requirements

x. Encouraging the Use of NYS Businesses in Contract Performance Form

xi. Certification under State Tax Law Section 5-a

xii. Schedule A

xiii. Project Sunlight

xiv. Insurance Requirements

xv. W-9 Form

XI. DEBRIEFING OF UNSUCCESSFUL RESPONDENTS

APPENDICES

Appendix A ESD IT Security Standard Brief

I. INTRODUCTION

The mission of New York State Urban Development Corporation d/b/a Empire State Development (“ESD” or the “Corporation”) is to promote a vigorous and growing state economy, encourage business investment and job creation, and support diverse, prosperous local economies across New York State through the efficient use of loans, grants, tax credits, real estate development, marketing, and other forms of assistance.

II. OVERVIEW

ESD is seeking professional engineering services for an evaluation of an existing engineer’s cost estimate and preparation of an independent engineer’s cost estimate for the installation and operation of a wet limestone forced oxidation (LSFO) flue gas desulfurization (FGD) system at Alcoa Corporation’s Massena West aluminum smelting facility located in New York.

III. MWBE & SDVOB SUBCONTRACTOR INTEREST

New York State certified Minority- and Women-Owned Businesses (“MWBEs”) and Service- Disabled Veteran-Owned Businesses (“SDVOBs”) may request that their firm’s contact information be included on a list of MWBE and SDVOB firms interested in serving as a subcontractor for this procurement. The listing will be publicly posted on the Contract Reporter and ESD’s website for reference by potential Respondents. A firm requesting inclusion on this list should send contact information and a copy of its NYS MWBE or SDVOB certification to EnvironmentalCostAnalysis2026@esd.ny.gov.

Nothing prohibits an MWBE or SDVOB vendor from proposing as a prime contractor.

IV. SCOPE OF WORK

ESD seeks an engineering consultant to conduct: 1. An independent Association of Civil and Environmental Engineers (ACEE) Cost Estimate Classification System Level 4 cost estimate for the installation and operation of a wet limestone forced oxidation (LSFO) flue gas desulfurization (FGD) system at Alcoa Corporation’s Massena West aluminum smelting facility in New York, and 2. An evaluation of an existing engineering consultant’s cost estimate.

Both the cost estimate and cost evaluation shall be based upon EPA’s Air Pollution Control Cost Manual 7th Edition (CCM) and standard industrial cost-estimation practice. The purpose of this engagement is to produce a credible, defensible, independent cost analysis.

Review of the Existing Engineering Consultant’s Cost Estimate Conduct a detailed, line-item review of the existing engineering consultant’s report to identify methodological departures from EPA CCM methodology and standard industrial practice. A copy mailto:XXX@esd.ny.gov of the report will be provided to the awarded Respondent. At a minimum, the review shall address:

- Contingency rates and whether they are justified by the project’s level of design definition (FEL2). The existing engineering consultant’s estimate applies a contingency to both direct and indirect costs; the selected Respondent should assess whether this is consistent with Association for Advancement of Cost Engineering norms and EPA CCM guidance.

- Indirect cost factors, including the basis for FEL2 study costs, engineering and project management as percentage of TCI, owner’s costs, and construction indirect costs. The Respondent should compare these to EPA CCM default factors and published benchmarks for FGD projects of comparable scale.

- Capital recovery factor (CRF) assumptions, including the assumed equipment lifetime, interest rate, and whether the CRF is applied in a manner consistent with EPA CCM.

- Labor and operating cost assumptions, including staffing levels, labor rates, and maintenance cost factors, benchmarked against CCM defaults and industry norms.

Independent ACEE Level 4 Cost Estimate Develop an independent, ACEE Level 4 capital cost estimate for both a single and a redundant two-absorber configuration using EPA CCM methodology as the primary framework, supplemented by vendor budgetary quotations and/or parametric estimating tools where appropriate. Emission source characteristics will be provided to the vendor awarded through the mini-bid process. The estimate shall include:

- Equipment costs based on current vendor data, published cost curves, or recognized parametric tools appropriately escalated to current-year dollars.

- Installation factors consistent with CCM guidance for wet FGD systems.

- Civil and structural costs developed from reasonable assumptions about site conditions

(including foundation/piling requirements) rather than blanket percentage factors.

- Contingency applied in accordance with standard practices and the level of estimate definition, with explicit justification.

- Indirect costs (engineering, project management, owner’s costs) applied using EPA CCM default factors as the primary basis, with any departures clearly explained.

Independent Annualized Cost Estimate Develop a levelized annual cost estimate for each configuration following EPA CCM cost-effectiveness methodology, including:

- Direct annual costs: reagent, utilities, operating labor, maintenance labor and materials, replacement parts, and waste disposal.

- Indirect annual costs: capital recovery (using EPA CCM default interest rate and equipment life assumptions), overhead, administrative costs, property taxes, and insurance.

Benchmarking and Comparables Analysis

- Awarded Respondent is required to review other published cost analyses of wet scrubbing systems for aluminum smelters or other metallurgical facilities such as the Alcoa Intalco (Ferndale, WA) BART proceeding, where wet scrubbing was evaluated for a comparable aluminum smelting operation. The Respondent shall review the Intalco BART analyses conducted by Alcoa’s contractor, Washington Ecology, and EPA and compare capital and annualized cost estimates on a normalized basis (e.g., $/acfm, $/ton SO2). This document may be found at the following link:

https://www.bing.com/ck/a?!&&p=17d21946ecdae9bcf6a56081d8b9aa635c2e6432ec b67acfcc184ce7d95a0498JmltdHM9MTc4MzI5NjAwMA&ptn=3&ver=2&hsh=4&fclid=0 13a3c00-ef83-6792-0f99- 2b8eee2e6675&psq=Alcoa+Intalco+BART+proceeding+cost+analysis&u=a1aHR0cHM6L y9kb3dubG9hZHMucmVndWxhdGlvbnMuZ292L0VQQS1SMTAtT0FSLTIwMTAtMTA3MS 0wMDUxL2NvbnRlbnQucGRm

- Additionally, Awarded Respondent shall review the published cost data for a minimum of one (1) additional wet scrubbing system analysis for an aluminum smelter or other metallurgical facility, US and non-US examples.

Deliverables The Awarded Respondent shall provide the following:

- Evaluation Report: A comprehensive technical report documenting all analyses, assumptions, data sources, and results pertaining to Respondent’s analysis of the existing engineering consultant’s analysis. The draft Evaluation Report shall be provided to ESD no later than six (6) weeks from the date of contract execution. ESD will provide comments within seven (7) business days of receipt of the draft. A final Evaluation Report addressing any such comments shall be submitted within seven (7) days of receipt of comments.

- Independent Cost Estimate Report: Containing a detailed response-to-comments matrix, this report will document all analyses, assumptions, data sources, and results pertaining to Respondent’s independent cost estimate. The Independent Cost Estimate Report shall be provided to ESD no later than eight (8) weeks from the date of contract execution. ESD will provide comments within seven (7) business days of receipt of the draft. A final Independent Cost Estimate addressing any such comments shall be submitted within seven (7) days of receipt of comments.

o 2.a. Independent Cost Estimate Workbook: The Independent Cost Estimate shall include an Independent Cost Estimate Workbook that should be included as an Appendix to draft and final submittals of the Independent Cost Estimate. The Independent Cost Estimate Workbook shall include: A transparent, fully documented spreadsheet model (excel format) showing all inputs, calculations, and outputs for both capital and annualized costs. The workbook must be structured so that ESD staff can modify assumptions and see updated results.

https://www.bing.com/ck/a?!&&p=17d21946ecdae9bcf6a56081d8b9aa635c2e6432ecb67acfcc184ce7d95a0498JmltdHM9MTc4MzI5NjAwMA&ptn=3&ver=2&hsh=4&fclid=013a3c00-ef83-6792-0f99-2b8eee2e6675&psq=Alcoa+Intalco+BART+proceeding+cost+analysis&u=a1aHR0cHM6Ly9kb3dubG9hZHMucmVndWxhdGlvbnMuZ292L0VQQS1SMTAtT0FSLTIwMTAtMTA3MS0wMDUxL2NvbnRlbnQucGRm https://www.bing.com/ck/a?!&&p=17d21946ecdae9bcf6a56081d8b9aa635c2e6432ecb67acfcc184ce7d95a0498JmltdHM9MTc4MzI5NjAwMA&ptn=3&ver=2&hsh=4&fclid=013a3c00-ef83-6792-0f99-2b8eee2e6675&psq=Alcoa+Intalco+BART+proceeding+cost+analysis&u=a1aHR0cHM6Ly9kb3dubG9hZHMucmVndWxhdGlvbnMuZ292L0VQQS1SMTAtT0FSLTIwMTAtMTA3MS0wMDUxL2NvbnRlbnQucGRm https://www.bing.com/ck/a?!&&p=17d21946ecdae9bcf6a56081d8b9aa635c2e6432ecb67acfcc184ce7d95a0498JmltdHM9MTc4MzI5NjAwMA&ptn=3&ver=2&hsh=4&fclid=013a3c00-ef83-6792-0f99-2b8eee2e6675&psq=Alcoa+Intalco+BART+proceeding+cost+analysis&u=a1aHR0cHM6Ly9kb3dubG9hZHMucmVndWxhdGlvbnMuZ292L0VQQS1SMTAtT0FSLTIwMTAtMTA3MS0wMDUxL2NvbnRlbnQucGRm https://www.bing.com/ck/a?!&&p=17d21946ecdae9bcf6a56081d8b9aa635c2e6432ecb67acfcc184ce7d95a0498JmltdHM9MTc4MzI5NjAwMA&ptn=3&ver=2&hsh=4&fclid=013a3c00-ef83-6792-0f99-2b8eee2e6675&psq=Alcoa+Intalco+BART+proceeding+cost+analysis&u=a1aHR0cHM6Ly9kb3dubG9hZHMucmVndWxhdGlvbnMuZ292L0VQQS1SMTAtT0FSLTIwMTAtMTA3MS0wMDUxL2NvbnRlbnQucGRm https://www.bing.com/ck/a?!&&p=17d21946ecdae9bcf6a56081d8b9aa635c2e6432ecb67acfcc184ce7d95a0498JmltdHM9MTc4MzI5NjAwMA&ptn=3&ver=2&hsh=4&fclid=013a3c00-ef83-6792-0f99-2b8eee2e6675&psq=Alcoa+Intalco+BART+proceeding+cost+analysis&u=a1aHR0cHM6Ly9kb3dubG9hZHMucmVndWxhdGlvbnMuZ292L0VQQS1SMTAtT0FSLTIwMTAtMTA3MS0wMDUxL2NvbnRlbnQucGRm https://www.bing.com/ck/a?!&&p=17d21946ecdae9bcf6a56081d8b9aa635c2e6432ecb67acfcc184ce7d95a0498JmltdHM9MTc4MzI5NjAwMA&ptn=3&ver=2&hsh=4&fclid=013a3c00-ef83-6792-0f99-2b8eee2e6675&psq=Alcoa+Intalco+BART+proceeding+cost+analysis&u=a1aHR0cHM6Ly9kb3dubG9hZHMucmVndWxhdGlvbnMuZ292L0VQQS1SMTAtT0FSLTIwMTAtMTA3MS0wMDUxL2NvbnRlbnQucGRm

V. SCHEDULE OF DATES

It is anticipated that a contract will be awarded in response to this RFP based on the following schedule:

Release of RFP August 17, 2026

Deadline for Submission of Questions August 31, 2026

Deadline for ESD to Respond to Questions September 4, 2026

Submission of Proposals (date and time) September 18, 2026, by 2:00 PM EST

Announcement of Successful Respondent TBD

Anticipated Contract Start Date TBD

Anticipated Debriefing Timeframe TBD

Please note, the Corporation reserves the right to change any of the dates stated in this RFP.

VI. SELECTION CRITERIA

ESD shall establish a selection committee to evaluate Proposals. When reviewing Proposals, the selection committee will consider the following criteria and assign point values to each Proposal based on their evaluation. The maximum number of points any Proposal may receive is 100.

A. Firm Experience and Qualifications (30 Points)

In this section of the Technical Qualifications, Respondents must demonstrate specialized experience in wet FGD systems and cost evaluation of such systems as applicable to this RFP.

Respondents should demonstrate relevant experience by providing the following:

- Firm experience in the design, engineering, or cost estimation of wet FGD systems.

- Firm familiarity with EPA’s Air Pollution Control Cost Manual and RACT/BACT/LAER cost-effectiveness analysis methodology.

- Certify firm independence from Alcoa Corporation and its engineering consultant – no financial, contractual, or organizational relationship that could create a conflict of interest or appearance thereof.

- Certify firm authorization to provide engineering services in New York State.

- No fewer than five detailed project summaries explaining previously completed engineering cost estimation projects. Each project summary:

o Must fully detail the Firm’s experience and expertise related to an engineering cost estimation project, o Must highlight application of AACE Cost Estimate Classification Standards to previous projects, o Must highlight the application of RACT/BACT or LEAR cost per ton to previous project(s), o May contain details of confidential projects, but should not contain confidential information including that of the confidential client or confidential site,

- Must not contain misleading Information. Any false or misleading information will be cause for disqualification.

- At least three references. It is preferred that references are related to the Project Summaries provided but not required. Each reference must:

o Contain contact information for reference purposes, including project name, firm, client contact information, and regulatory agency contact information if available. ESD will utilize this information to confirm the validity of all submitted information and confirm that the Respondent was the primary Consultant performing the work.

o Be able to speak to how the Firm has demonstrated experience and expertise relative to the scope of services outlined in this RFP. If not related to one of the Project Summaries provided, each reference should be able to speak to Firm’s experience in one of:

▪ Engineering cost estimation projects,

▪ Practical engineering experience with similar scrubber systems,

▪ Application of AACE International Cost Estimate Classification Standards on previous projects,

▪ Application of RACT/BACT or LEAR cost per ton in previous projects,

▪ Any other experience which relates to the scope of services outlined in this RFP.

B. Staff Experience and Qualifications (25 Points)

In this section of the Technical Proposal, Respondents should demonstrate relevant experience by providing the following:

In this section of the Technical Qualifications, Respondents must demonstrate specialized experience in wet FGD systems and cost evaluation of such systems as applicable to this RFP.

Respondents should demonstrate relevant experience by providing the following:

- Direct staff experience in the design, engineering, or cost estimation of wet FGD systems.

- Staff familiarity with EPA’s Air Pollution Control Cost Manual and RACT/BACT/LAER cost-effectiveness analysis methodology.

- Certify individual independence from Alcoa Corporation and its engineering consultant

– no financial, contractual, or organizational relationship that could create a conflict of interest or appearance thereof.

- Relevant New York State professional credentials (e.g. P.E. in chemical, mechanical, or environmental engineering; Certified Cost Professional; or equivalent).

C. Project Plan / Approach (10 Points)

In this section of the Technical Proposal, Respondents should demonstrate their competence and capacity to undertake the services described in this RFP by providing the following:

- Detail the Respondent’s plan for performing the work.

- Identify scheduling, billing, cost control, and quality control techniques that will be used for work performed under the contract.

- Describe the process for identification of potential work problems, communication of problems to ESD, and ultimate resolution.

- Identify any technical support staff and other resources that will be utilized for performing work under the contract.

- Describe generic QA/QC procedures for all work to be performed under the contract. A detailed QAPP is not required.

- Describe procedures to effectively coordinate activities with ESD.

D. Cost of Services (25 Points)

In this section of the Technical Proposal, Respondents should provide the fully loaded rate for each employee necessary to accomplish the scope of work, including a daily rate for general and administrative costs of the project.

All cost proposals shall contain the following:

- A list of all employees expected to work on the contract, their fully loaded hourly rates in dollars per hour based on a 2,080-hour year (including direct labor base wages, fringe benefits, indirect overhead [including but not limited to general and administrative costs], and profit), their job titles, and their National Society of Professional Engineers (NSPE) professional level equivalents. Employee salaries in excess of the NYS M/C Salary Schedule M6 rate for the most recently completed fiscal year are unallowable.

- Number of hours estimated for each employee necessary to accomplish the scope of work.

- Total estimated cost

E. Quantitative Factor (10 Points)

ESD will award 10 points to Respondents that are certified Minority or Women-owned Business Enterprises (MWBEs) as defined in section three hundred ten of the New York State Executive Law or Service-Disabled Veteran-owned Business Enterprises (“SDVOBs”) as defined in Article 3 of the NYS Veterans’ Services Law.

In order to be awarded points pursuant to the Quantitative Factor, the Respondent must identify itself as an MWBE or SDVOB by providing the Respondent firm’s current MWBE and/or SDVOB certificate issued by New York State. Respondents identifying themselves as MWBEs must be listed in the directory of New York State-certified MWBEs (“MWBE Directory”) as of the closing of the period for responses to this RFP. The MWBE Directory is available at:

https://www.mwbe.esd.ny.gov. Respondents identifying themselves as SDVOBs must be listed in the directory of New York State-certified SDVOBs (“SDVOB Directory”) as of the closing of the period for responses to this RFP. The SDVOB Directory is available at https://sdves.ogs.ny.gov/business-search.

https://sdves.ogs.ny.gov/business-search

Reference Checks ESD reserves the right to determine, in its sole discretion, whether reference checks for one or more of the Respondents will be necessary. Information provided by references may be used by the Corporation for proposal evaluation purposes. The Corporation may seek additional information from references regarding subjects that include, but are not limited to, the quality of services provided, anticipated ability to perform the services required in this RFP, and the responsiveness of the Respondent to the client during the engagement. The Corporation reserves the right to deploy, at its sole discretion, a variety of methods and communication approaches to contact references, depending on what the Corporation deems to be the most effective and efficient manner.

VII. SUBMISSION OF PROPOSALS

Every Respondent should submit a proposal which clearly and concisely provides all the information requested. Emphasis should be concentrated on conformance to the RFP instructions and requirements, as well as completeness and clarity in its proposal response. The Respondent is advised to thoroughly read and follow all instructions contained in this RFP. Proposals that do not comply with these instructions or do not meet the full intent of all the requirements of this RFP may be subject to scoring reductions during the evaluation process or may be deemed non-responsive.

i. Technical Proposal Below is a listing of the technical information to be provided by the Respondent. No information is required beyond what is specifically requested. The Corporation requests that all Technical Proposals be organized with bookmarks identified to match the specific information requested below:

A. Cover page (including Respondent’s contact information) B. Table of Contents C. Firm Experience and Qualifications D. Staff Experience and Qualifications E. Project Plan and Approach F. Cost of Services

The purpose of the Technical Proposal is to provide Respondents with an opportunity to demonstrate their qualifications, competence, and capacity to undertake the engagement described herein, in a manner which complies with applicable laws and regulations, and the requirements of the RFP.

ii. Administrative Proposal

Schedule A of this RFP states standard requirements that must be included in every contract entered into with the Corporation. The successful Respondent must agree to abide by these requirements and provide any information requested by the Corporation in connection with these requirements. Accordingly, Respondents should complete and submit the items listed below, in the order in which they are listed. Failure to submit any of the requirements below may result in the rejection of a Respondent’s proposal.

i. Non-Collusive Bidding Certification (https://esd.ny.gov/sites/default/files/media/document/NonCollusiveBiddingCertification6 -13-25.pdf)

ii. Conflict of Interest Attestation (https://esd.ny.gov/sites/default/files/Conflict-of-Interest-Attestation-June-2019.pdf)

iii. State Finance Law §§139-j and 139-k forms (https://esd.ny.gov/sites/default/files/media/document/SF-Law139-JK-2025.pdf)

iv. Vendor Responsibility Questionnaire (https://www.osc.ny.gov/state-vendors/vendrep/file-your-vendor-responsibility-questionnaire?redirect=legacy)

v. Iran Divestment Act Statement (https://esd.ny.gov/sites/default/files/media/document/IranDivestmentActLanguage0522 25.pdf)

vi. Executive Order 16 Certification (https://esd.ny.gov/sites/default/files/EO16-certification.pdf)

vii. Executive Order 177 Certification (https://esd.ny.gov/sites/default/files/EO-177-Certification.pdf)

viii. Compliance with State Finance Law §§139-m forms (https://esd.ny.gov/sites/default/files/media/document/GBVandtheWorkplacePolicyAttest ationTemplate-103125.pdf)

ix. Non-Discrimination and Contractor & Supplier Diversity Requirements o OCSD-1 - MWBE and SDVOB Participation / EEO Policy Statement o OCSD-2 - Staffing Plan o OCSD-4 - MWBE and SDVOB Utilization Plan

x. Encouraging the Use of NYS Businesses in Contract Performance Form (https://esd.ny.gov/sites/default/files/media/document/USEOFNYSBUSINESSES-2025.pdf)

xi. Certification under State Tax Law Section 5-a, Form ST-220-CA (https://esd.ny.gov/sites/default/files/ST220CA.pdf) or Affidavit (https://esd.ny.gov/sites/default/files/media/document/STL5A-Affidavit-2025.pdf)

xii. W-9 Form (https://www.irs.gov/pub/irs-pdf/fw9.pdf)

Additional information about these items, and ESD’s procurement requirements, can be found in Section X of this RFP (“Contractual Requirements”).

iii. Submission of a Complete Two-Part Proposal By submitting a proposal, firms are indicating their acceptance of the conditions in this RFP.

Submission of proposals in a manner other than as described in these instructions (e.g., facsimile, https://esd.ny.gov/sites/default/files/media/document/NonCollusiveBiddingCertification6-13-25.pdf https://esd.ny.gov/sites/default/files/media/document/NonCollusiveBiddingCertification6-13-25.pdf https://esd.ny.gov/sites/default/files/Conflict-of-Interest-Attestation-June-2019.pdf https://esd.ny.gov/CorporateInformation/Data/RFPs/RequiredForms/SF_Law139_JK.pdf https://esd.ny.gov/sites/default/files/media/document/SF-Law139-JK-2025.pdf file://///empire.internal/dfs/Share-NYC/PROCUREMENT/Review%20of%20Templates%20&%20Forms/2025%20revisions/RFP%20Template/drafts/Vendor%20Responsibility%20Questionnaire https://www.osc.ny.gov/state-vendors/vendrep/file-your-vendor-responsibility-questionnaire?redirect=legacy https://www.osc.ny.gov/state-vendors/vendrep/file-your-vendor-responsibility-questionnaire?redirect=legacy https://esd.ny.gov/sites/default/files/media/document/IranDivestmentActLanguage052225.pdf https://esd.ny.gov/sites/default/files/media/document/IranDivestmentActLanguage052225.pdf https://esd.ny.gov/sites/default/files/EO16-certification.pdf https://esd.ny.gov/sites/default/files/EO-177-Certification.pdf https://esd.ny.gov/sites/default/files/media/document/GBVandtheWorkplacePolicyAttestationTemplate-103125.pdf https://esd.ny.gov/sites/default/files/media/document/GBVandtheWorkplacePolicyAttestationTemplate-103125.pdf https://esd.ny.gov/sites/default/files/OCSD-1-Policy-Statement.pdf https://esd.ny.gov/sites/default/files/media/document/OCSD-2-Staffing-Plan-May%202026.xlsx https://esd.ny.gov/sites/default/files/OCSD-4%20Utilization%20Plan.pdf http://www.esd.ny.gov/CorporateInformation/Data/ENCOURAGINGUSEOFNEWYORKSTATEBUSINESSESINCONTRACTPERFORMANCE.pdf https://esd.ny.gov/sites/default/files/media/document/USEOFNYSBUSINESSES-2025.pdf https://esd.ny.gov/sites/default/files/ST220CA.pdf https://esd.ny.gov/sites/default/files/media/document/STL5A-Affidavit-2025.pdf https://www.irs.gov/pub/irs-pdf/fw9.pdf hardcopies, emails) will not be accepted. When submitting each proposal, Respondents must follow the instructions below:

1. Create a main folder using the following naming convention: “company name – RFP title – date of Submission”

a. example: ABDX, Inc. – Template RFP – 9.18.2026

2. Included within the main folder should be two subfolders: one for the Administrative Proposal and one for the Technical Proposal.

3. All documents in these folders should be clearly labeled.

4. Upload the main folder to the Dropbox as follows:

a. Click the following link: https://www.dropbox.com/request/w1rburuqycti5flfj8ph

b. Choose the following option: Add Files > Folders from computer.

* After completing step 4(b), please verify the contents of your upload and ensure that all required submission documents are included. If you are experiencing technical difficulties in connection with your upload to the Dropbox, please advise ESD at EnvironmentalCostAnalysis2026@esd.ny.gov in advance of the submission deadline. ESD shall not be responsible for incomplete submissions or missing documents, and the failure to submit all required documents may result in your submission being rejected.

Proposals deemed to arrive late will not be considered for award.

VIII. QUESTIONS

Questions or requests for clarification regarding the RFP should be submitted via email, citing the RFP page and section, in accordance with the schedule in Section V (Schedule of Dates) to EnvironmentalCostAnalysis2026@esd.ny.gov. Questions will not be accepted orally and any question received after the deadline may not be answered. The comprehensive list of questions/requests for clarifications and the official responses will be posted as an Addendum to this RFP.

Respondents are strongly encouraged to review all posted questions and answers, through which ESD may offer clarification regarding sections of the RFP or advise of material changes thereto.

IX. GENERAL PROVISIONS

The issuance of this RFP and the submission of a response by a Respondent or the acceptance of such a response by ESD does not obligate ESD in any manner. ESD reserves the right to:

i. amend, modify or withdraw this RFP;

ii. revise any requirement of this RFP;

iii. require supplemental statements or information from any responsible party;

https://www.dropbox.com/request/w1rburuqycti5flfj8ph

iv. accept or reject any or all responses hereto;

v. extend the deadline for submission of responses hereto;

vi. negotiate potential contract terms with any Respondent;

vii. communicate with any Respondent to correct and/or clarify responses which do not conform to the instructions contained herein;

viii. cancel, or reissue in whole or in part, this RFP, if ESD determines in its sole discretion that it is in its best interest to do so; and

ix. extend the term of any agreement on terms consistent with this RFP.

ESD may exercise the foregoing rights at any time without notice and without liability to any responding firm or any other party for its expenses incurred in preparation of responses hereto or otherwise. All costs associated with responding to this RFP will be at the sole cost and expense of the Respondent.

All information submitted in response to this RFP is subject to the Freedom of Information Law (“FOIL”), which generally mandates the disclosure of documents in the possession of ESD upon the request of any person unless the content of the document falls under a specific exemption to disclosure. In addition, Proposals may be discussed at meetings of the ESD Directors, which meetings are subject to the Open Meetings Law.

ESD reserves the right, in its sole discretion, to retain and use all the materials and information, and the ideas and suggestions therein, submitted in response to this solicitation (collectively, the “Response Information”) for any purpose. By submitting a Proposal, each Respondent waives any and all claims against ESD relating to ESD’s retention or use of the Response Information.

Required Approvals

The awarded contract, if any, may be subject to review and approval by the Office of the State Comptroller (“OSC”) pursuant to Public Authorities Law §2879-a and the regulations issued thereunder. Such OSC review and approval may be required of contracts with a value in excess of one million dollars, or modifications to contracts that result in an aggregate value in excess of one million dollars, where such contracts are paid in whole or in part with monies appropriated by the State, or were awarded on a basis other than a competitive procurement (as that term is defined in the law and regulations). If the awarded contract is subject to OSC review and approval, the contract shall not be valid and enforceable, nor shall the Corporation have any liability of any kind arising from or in connection with the contract, unless and until OSC approval has been received.

Performance

The Contractor's performance will be assessed by the Corporation according to the achievement of the Contractor’s contractual obligations in a timely and professional manner, as set forth in the resulting Contract. The Corporation will utilize progress reports and periodic meetings to ensure that the project is carried out on a timely basis and results in effective recommendations and work products.

Contractor warrants that its services shall be performed in accordance with applicable professional standards and that the Contractor shall correct, at no charge to the Corporation, services which fail to meet applicable professional standards and which result in obvious or patent errors in the progression of its work.

Additional Services Requested

The Corporation may, at any time, by written notice, make changes or additions to work or services within the general scope of the contract resulting from this RFP (not to include professional services requiring licenses or specialized expertise such as engineering, architectural, and environmental consulting, abatement, treatment, and testing work) for unanticipated needs.

If any such change or addition causes an increase or decrease in the cost of, or in the time required for, performance of the contract, an equitable adjustment may be made in the price using the billing rates set forth in the contract, and the Contractor shall be notified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of change; provided however, that the Corporation, if it decides that the facts justify such action, may receive and act upon such claim as asserted at any time. Nothing in this clause shall excuse the Contractor from proceeding with this contract as modified.

Contractor Staff

Contractor staff assigned to work on this project shall be subject to approval by the Corporation.

It is highly desirable that staff assigned to work on this project continue to work on this project until completion. The Contractor should notify the Corporation of any proposed changes in staff immediately. The Corporation has an absolute right and discretion to approve or disapprove any proposed changes in staff. The Corporation, in each instance, will be provided with a summary of experience of the proposed substitute and an opportunity to interview that person, prior to giving its approval or disapproval; approval shall not be unreasonably withheld.

The Contractor specifically represents and agrees that its members, officers, employees, agents, servants, consultants, shareholders, and subcontractors have and shall possess the experience, knowledge, and character necessary to qualify them individually for the particular duties performed hereunder.

The Agreement resulting from this RFP is intended to secure the professional services of the Contractor because of its ability and shall not be assigned, conveyed, transferred, or disposed of by the Contractor.

The Contractor agrees not to subcontract any of its services, unless as indicated in its proposal, without the prior written approval of the State Project Manager. Approval shall not be unreasonably withheld upon receipt of written request to subcontract. All employees of the Contractor, or of its Subcontractors, who shall perform Services under this contract, shall possess the necessary qualifications, training, licenses, and permits as may be required within the jurisdiction where the Services specified are to be provided or performed, and shall be legally entitled to work in such jurisdiction. All persons, corporations, or other legal entities that perform

Services on behalf of Contractor under the Agreement resulting from this RFP shall, in performing such Services, comply with all applicable Federal and State laws concerning employment in the United States.

X. CONTRACTUAL REQUIREMENTS

This section contains additional information about the forms that are required to be included in each Respondent’s submission pursuant to Section VII of this RFP, as well as information about ESD’s procurement requirements. (For purposes of this Section and the requirements set forth herein, the word “bid” shall mean any submission in response to this RFP, and the word “bidder” shall mean any individual or entity that submits a “bid”).

i. Non-Collusive Bidding Certification

In accordance with Section 2878 of the New York State Public Authorities Law, all bidders must certify that they have not colluded with any other Respondents in their proposal.

The required certification can be found at:

https://esd.ny.gov/sites/default/files/media/document/NonCollusiveBiddingCertification6-13- 25.pdf and must be completed and included in all proposals.

ii. Conflicts of Interest

Respondent must attest it has read, understood and will comply with the following provisions https://esd.ny.gov/sites/default/files/Conflict-of-Interest-Attestation-June-2019.pdf. ESD may disqualify any Respondent to this RFP or terminate any contract entered into as a result of this RFP should ESD determine that the Respondent has violated any of these requirements.

A. Gifts and Offers of Employment: Respondent has not and shall not during this procurement and during the negotiation of any contract resulting from this procurement, offer to any employee, member or director of ESD, any gift, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or in any other form, under circumstances in which it could reasonably be inferred that the offer was intended to influence said employee, member or director, or could reasonably be expected to influence said employee, member or director, in the performance of the official duty of said employee, member or director or was intended as a reward for any official action on the part of said employee, member or director.

Respondent may not make any offers of employment or discuss the possibility of such offers with any employee, member or director of ESD who is involved in this procurement and/or resulting contract negotiation within at least 30 days from the time that the employee’s involvement in this matter closed.

B. Disclosure of Potential Conflicts: Respondent shall disclose any existing or contemplated relationship with any other person or entity, including relationships with any member, shareholders of 5% or more, parent, subsidiary, or affiliated firm, which https://esd.ny.gov/sites/default/files/media/document/NonCollusiveBiddingCertification6-13-25.pdf https://esd.ny.gov/sites/default/files/media/document/NonCollusiveBiddingCertification6-13-25.pdf https://esd.ny.gov/sites/default/files/Conflict-of-Interest-Attestation-June-2019.pdf would constitute an actual or potential conflict of interest or appearance of impropriety, relating to other clients/customers/employers of the Respondent or former officers and employees of ESD, in connection with your rendering services enumerated in this RFP. If a conflict does or might exist, Respondent must describe how it would eliminate or prevent it.

C. Disclosure of Ethics Investigations: Respondent must disclose whether it, or any of its members, shareholders of 5% or more, parents, affiliates, or subsidiaries, have been the subject of any ongoing investigation or disciplinary action by the New York State Commission on Ethics and Lobbying in Government or its predecessor State entities (collectively, “Commission”), and if so, a description must be included indicating how any matter before the Commission was resolved or whether it remains unresolved.

iii. State Finance Law Sections 139-j and 139-k forms

State Finance Law Sections 139-j and 139-k (collectively, the “Procurement Requirements”) apply to this RFP. These Procurement Requirements: (1) govern permissible communications between potential Respondents and ESD or other involved governmental entities with respect to this RFP;

(2) provide for increased disclosure in the public procurement process through identification of persons or organizations whose function is to influence procurement contracts, public works agreements and real property transactions; and (3) establish sanctions for knowing and willful violations of the provisions of the Procurement Requirements, including disqualification from eligibility for an award of any contract pursuant to this RFP. Compliance with the Procurement Requirements requires that all communications regarding this RFP, from the time of its issuance through final award and execution of any resulting contract (the “Restricted Period”), be conducted only with the designated contact persons listed above; the completion by Respondents of the Offeror Disclosure of Prior Non-Responsibility Determinations, and the Offeror’s Affirmation of Understanding and Agreement pursuant to State Finance Law; and periodic updating of such forms during the term of any contract resulting from this RFP.

Respondents must submit the Offeror Disclosure of Prior Non-Responsibility Determinations, and the Offeror’s Affirmation of Understanding and Agreement pursuant to State Finance Law as part of their submittal. Copies of these forms are available at:

https://esd.ny.gov/sites/default/files/media/document/SF-Law139-JK-2025.pdf.

The Procurement Requirements also require ESD staff to obtain and report certain information when contacted by Respondents during the Restricted Period, make a determination of the responsibility of Respondents and make all such information publicly available in accordance with applicable law. If a Respondent is found to have knowingly and willfully violated the State Finance Law provisions, that Respondent and its subsidiaries, related or successor entities will be determined to be a non-responsible Respondent and will not be awarded any contract issued pursuant to this solicitation. In addition, two such findings of non-responsibility within a four-year period can result in debarment from obtaining any New York State governmental procurement contract. The designated contact account for this solicitation is referenced on the cover of this

RFP.

https://esd.ny.gov/sites/default/files/media/document/SF-Law139-JK-2025.pdf

This is not a complete presentation of the provisions of the Procurement Requirements. All potential Respondents are solely responsible for full compliance with the Procurement Requirements. Both the prime consultant and any sub-consultants complete the forms required above.

iv. Vendor Responsibility Questionnaire

All Respondents to this RFP must be “responsible,” which in this context means that they must have the requisite financial ability, organizational capacity and legal authority to carry out its obligations under this RFP, and in addition must demonstrate that both the Respondent and its principals have and will maintain the level of integrity needed to contract with New York State entities such as ESD. Further, the Respondent must show satisfactory performance of all prior government contracts. Accordingly, the contract to be entered into between ESD and the Respondent, if any, shall include clauses providing that the Respondent remain “responsible” throughout the term of the contract, that ESD may suspend the contract if information is discovered that calls into question the responsibility of the contracting party, and that ESD may terminate the contract based on a determination that the contracting party is non-responsible. On request, model language to this effect will be provided to any Respondent to this RFP.

To assist in the determination of responsibility, ESD requires that all Respondents register in the State's Vendor Responsibility System (“Vend-Rep System”). The Vend-Rep System allows business entities to enter and maintain their Vendor Responsibility Questionnaire information in a secure, centralized database. New York State Procurement Law requires that state agencies award contracts only to responsible vendors. Respondents are to file the required Vendor Responsibility Questionnaire online via the Vend-Rep System or may choose to complete and submit a paper questionnaire. Please include a copy of your Vend-Rep submission receipt or paper questionnaire with your proposal. Your Vendor Responsibility Questionnaire must have been completed within one year of submission of your proposal.

To enroll in and use the Vend-Rep System, please visit: www.osc.state.ny.us/vendrep. For direct Vend-Rep System user assistance, the Office of the State Comptroller’s Help Desk may be reached at 866-370-4672 or 518-408-4672 or by email at itservicedesk@osc.state.ny.us.

Respondents opting to file a paper questionnaire can obtain the appropriate questionnaire from the Vend-Rep website (http://www.osc.state.ny.us/vendrep/forms_vendor.htm) and execute accordingly pertaining to the company’s trade industry. Bidders are required to complete the questionnaire which best matches the business activity (either “Construction” or “Non- Construction”) and business type (either “For-Profit” or “Not-for-Profit”) from the four (4) available options.

In addition, please see link to EO-192: https://ogs.ny.gov/system/files/documents/2021/09/eo- 192-vendor-integrity_0.pdf.

http://www.osc.state.ny.us/vendrep mailto:helpdesk@osc.state.ny.us http://www.osc.state.ny.us/vendrep/forms_vendor.htm https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fogs.ny.gov%2Fsystem%2Ffiles%2Fdocuments%2F2021%2F09%2Feo-192-vendor-integrity_0.pdf&data=05%7C02%7CJordan.Kaplan%40esd.ny.gov%7C024d9f36334d40b128cc08dd8337a7de%7Cf46cb8ea79004d108ceb80e8c1c81ee7%7C0%7C0%7C638810997238635190%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=xW%2BVGM5GRyjQ0ZgzCVUF8sdvpkSTAOzMrYy3jDPUlYA%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fogs.ny.gov%2Fsystem%2Ffiles%2Fdocuments%2F2021%2F09%2Feo-192-vendor-integrity_0.pdf&data=05%7C02%7CJordan.Kaplan%40esd.ny.gov%7C024d9f36334d40b128cc08dd8337a7de%7Cf46cb8ea79004d108ceb80e8c1c81ee7%7C0%7C0%7C638810997238635190%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=xW%2BVGM5GRyjQ0ZgzCVUF8sdvpkSTAOzMrYy3jDPUlYA%3D&reserved=0

v. Iran Divestment Act Every Proposal made to ESD pursuant to a competitive solicitation must contain the following statement, signed by the Respondent on company letterhead and affirmed as true under penalty of perjury:

"By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is not on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the State Finance Law."

The list in question is maintained by the Office of General Services. For further information and to view this list please go to: https://ogs.ny.gov/iran-divestment-act-2012.

vi. Executive Order 16 In accordance with New York State Executive Order 16 (“EO-16”), all bidders must certify that they are in compliance with EO-16 prohibiting State Agencies and Authorities from Contracting with Businesses in Russia. EO-16 will remain in effect while sanctions imposed by the federal government are in effect.

"By submission of a bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is in compliance with EO-16.”

The required certification can be found at:

https://esd.ny.gov/sites/default/files/EO16-certification.pdf and must be signed and included in all Proposals.

vii. Executive Order 177 In accordance with New York State Executive Order 177, all bidders must certify that they are in compliance with the New York State Human Rights Law which prohibits discrimination and harassment based on a protected class, and which requires reasonable accommodation for persons with disability or pregnancy related conditions.

The required certification can be found at:

https://esd.ny.gov/sites/default/files/EO-177-Certification.pdf and must be signed and included in all Proposals.

viii. Compliance with State Finance Law Section 139-m https://ogs.ny.gov/iran-divestment-act-2012 https://esd.ny.gov/sites/default/files/EO16-certification.pdf https://esd.ny.gov/sites/default/files/EO-177-Certification.pdf

Section 139-m of the New York State Finance Law requires that all vendors bidding or otherwise submitting a proposal for a competitive procurement must implement and attest (via written certification) to a Gender-Based Violence and the Workplace policy. This policy must be in place at the time for bid or proposal submission set forth in Section V above for a bid or submission to be considered.

The model policy published by the New York State Office for the Prevention of Domestic Violence can be found at: opdv-gbv-workplace-bidder-model-policy_2025.08.28_0.pdf. The required Gender-Based Violence and the Workplace Certification can be found at:

https://esd.ny.gov/sites/default/files/media/document/GBVandtheWorkplacePolicyAttestationTe mplate-103125.pdf and must be signed and included with all bids, proposals or other submissions.

ix. Non-Discrimination and Contractor & Supplier Diversity Requirements

CONTRACTOR REQUIREMENTS AND PROCEDURES FOR PARTICIPATION BY NEW YORK STATE-

CERTIFIED MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES AND EQUAL EMPLOYMENT

OPPORTUNITIES FOR MINORITY GROUP MEMBERS AND WOMEN

Pursuant to New York State Executive Law Article 15-A and Parts 140-147 of Title 5 of the New York Codes, Rules and Regulations, ESD is required to promote opportunities for the maximum feasible participation of New York State-certified Minority and Women-owned Business Enterprises (“MWBEs”) and the employment of minority group members and women in the performance of ESD contracts.

Business Participation Opportunities for MWBEs For purposes of this solicitation, ESD hereby establishes an overall goal of 30 percent for MWBE participation, 15% for New York State-certified Minority-owned Business Enterprise (“MBE”) participation and 15% for New York State-certified Women-owned Business Enterprise (“WBE”) participation (based on the current availability of MBEs and WBEs). A contractor (“Contractor”) on any contract resulting from this procurement (“Contract”) must document its good faith efforts to provide meaningful participation by MWBEs as subcontractors and suppliers in the performance of the Contract. To that end, by submitting a response to this RFP, the Respondent agrees that ESD may withhold payment pursuant to any Contract awarded as a result of this RFP pending receipt of the required MWBE documentation. The directory of MWBEs can be viewed at:

https://www.mwbe.esd.ny.gov/.