Final RFP.pdf

Course, Exam and Event Scheduling Software Solution

RFP 26/27/001

Deadline for submissions:

August 5th, 2026 2:30 PM EST

Table of Contents of CONTENTS

Section 1: Summary Information Form 1

Section 2: Overview 2

Section 3: Background 2

Section 4: Bidder Qualifications 3

Section 4.1: Attachment A (SEPARATE EXCEL DOCUMENT) for completion and submission with proposal 3

Section 4.2:Minimum Bidder Qualifications 4

Section 4.3:Preferred Bidder Qualifications/Experience 4

Section 5: Scope of Services 5

Section 5.1:Mandatory Services (Attachment B SEPARATE EXCEL DOCUMENT) 5

Section 5.2:Desirable Services (Attachment B SEPARATE EXCEL DOCUMENT) 6

Advanced Course Scheduling Capabilities 6

Course Demand and Enrollment Analytics 6

Space and Resource Optimization 6

Final Exam Scheduling Capabilities 7

Event Scheduling 7

Reporting and Data Analytics 8

Data Access and API Requirements 8

System Administration and Configuration 8

Implementation and Support Enhancements 9

Section 5.3:Optional Services (See attachment B) 9

Section 6: Cost Proposal 9

Section 6.1:Travel Costs 10

Section 7: Key Events 10

Section 7.1:Bidder Questions 10

Section 8: Method of Award 10

Section 8.1:Evaluation Process 10

Section 9: Reserved Rights 12

Section 10: Extraneous Terms Submittal Instructions: 13

Section 11: Proposal Submission Requirements 13

Section 11.1: Proposal Format 14

Section 12: Other Proposal Requirements 15

Section 12.1:Determination of Vendor Responsibility 15

Section 12.2 Procurement Lobbying Act – State Finance Law §§ 139-j and 139-k 15

Section 12.3: Non-Collusive Bidding Certification 16

Section 12.4: Executive Order 162 (EO 162) 16

Section 12.5: Executive Order 177 (EO 177) 16

Section 12.6: New York State Finance Law § 139-l Certification 17

Section 12.7: Diversity Requirements 18

Section 12.7.1.1: Equal Employment Opportunity Requirements 18

Section 12.7.2: Service-Disabled Veteran-Owned Businesses (SDVOB) 19

Section 12.7.3: Minority and Women-Owned Business Enterprises (MWBE) 19

Section 12.7.4: Assessment of Diversity Practices 20

Section 12.8: Subcontracting 21

Section 12.9: General Insurance Requirements 21

Section 12.10: Compliance with NYS Consulting Services Reporting Requirements 22

Section 13: General Contract Terms & Conditions 22

1. Attachment 1: Diversity Practices Questionnaire 25

2. Attachment 2: New York State Human Rights Law Executive Order 177 Certification

3. Attachment 3: New York State Finance Law 139-l Certification 28

4. Attachment 4: Procurement Lobbying Act Certification 29

5. Attachment 5: Non-Collusive Bidding Certification 31

6. Exhibit A: State University of New York Standard Contract Clauses 33

7. Exhibit A-1: State University of New York Affirmative Action Clauses 37

8. Exhibit C: SUNY Institutions 49

11. Exhibit D, SUNY Proposal Submission Guidelines 50

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Section 1: Summary Information Form

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

RFP #: RFP 26/27/001 RFP Title: Course, Exam and Event

Scheduling Software Solution

RFP Release Date: 07/13/2026

Electronic copies of this RFP are available at:

Key Events

Requested Submission of Questions and Requests for Clarification 07/24/2026, 2:30 PM EST

Proposal Due Date and Time

(Any proposal received after the deadline will not be considered)

08/05/2026, 2:30 PM EST

Presentation, Demonstrations Scheduled at the discretion of

Binghamton University

Anticipated Notification of Award 08/31/2026 (estimate)

Anticipated Contract Start Date 01/01/2027

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:

Matthew Schofield

Director of Procurement

607-777-2184 mschofie@binghamton.edu

Secondary Contact:

Michelle Ponczek

Director, Space Planning and Academic

Scheduling Effectiveness

607-777-4587 mponczek@binghamton.edu

Other Contact:

Kevin Hayden

Chief Campus Counsel

607-777-4438 khayden@binghamton.edu

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.

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Section 2: Overview

This Request for Proposal (RFP) is issued by the State University of New York (herein after referred to as “SUNY”) to solicit proposals for a Course, Exam and Event Scheduling Solution.

The results of this RFP will be used to award a 5-year contract. This RFP will be awarded to the

Bidder determined to be most qualified.

Section 3: Background

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.

Section 3.2: Project Description

The State University of New York at Binghamton (hereinafter referred to as “Binghamton University”) Division of Academic Affairs is seeking a comprehensive academic course, exam and event scheduling platform that supports centralized oversight, distributed departmental participation, and data-informed decision-making across the institution for a period of five years.

Binghamton University is a complex, residential, research-intensive public university with a diverse academic portfolio spanning multiple schools and colleges, hundreds of academic programs, and thousands of course sections offered each academic year. The University’s scheduling environment must accommodate a wide range of instructional formats, enrollment patterns, space constraints, and academic policies, while ensuring equitable student access to courses and minimizing conflicts in both instructional and examination schedules. Any proposed solution must be capable of operating effectively at institutional scale and supporting the operational complexity inherent in a large public university.

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The University’s goal is to implement a modern scheduling platform that serves as a central system of record for academic course, exam, and event scheduling, encompassing instructional, co-curricular, administrative, and student organization activities conducted within University-controlled academic and event spaces. The platform must support the development, evaluation, and adjustment of course schedules and final exam schedules in a manner that balances student demand, instructional resources, and space utilization. In addition, the system must reduce administrative burden through automation, validation, and streamlined workflows, while providing transparency and flexibility for academic stakeholders.

The desired solution must provide robust analytical and reporting capabilities that allow the University to assess scheduling effectiveness, evaluate course demand and seat capacity, analyze space utilization, and identify patterns that impact student progression and time to degree. The platform should support proactive planning by enabling users to model scenarios, identify conflicts early in the scheduling process, and make informed decisions based on reliable data.

The system must serve multiple constituencies with distinct roles and responsibilities, including:

● Students – Access clear, conflict-free course and exam schedules that support timely registration, balanced exam periods, and equitable academic experiences.

● Academic Departments and Academic Schedulers – Develop and maintain course offerings, assign instructional resources, and collaborate with central scheduling units while adhering to institutional policies and academic guidelines.

● Central Scheduling and Academic Affairs Offices – Oversee institutional scheduling processes, manage classroom and exam space inventory, enforce scheduling rules, and ensure consistency and compliance across departments.

● Space Management – Leverage scheduling and space data for reporting, analytics, and strategic planning related to utilization, efficiency, and student success outcomes.

● University Leadership – Access high-level reporting and analytics to support strategic decision-making related to academic planning, resource allocation, and long-term institutional goals.

Given the scale and complexity of Binghamton University’s academic scheduling environment, a comprehensive and integrated course, exam and event scheduling platform is considered critical institutional infrastructure. Successful implementation requires a strong partnership with the selected vendor, including structured implementation planning, data integration, and comprehensive training for administrators and campus users. The University recognizes that the full value of an academic scheduling platform is realized over time as adoption increases and the system becomes embedded within institutional processes. Accordingly, Binghamton University intends to pursue a multi-year agreement that supports long-term stability, scalability, and continuous improvement, while allowing for a thorough evaluation of qualified vendors within a competitive marketplace.

Section 4: Bidder Qualifications

Section 4.1: See Attachment A (SEPARATE EXCEL DOCUMENT) for completion and submission with proposal

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Section 4.2: Minimum Bidder Qualifications

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:

● Relevant Experience: The Bidder must demonstrate documented experience successfully implementing academic course scheduling systems, final exam scheduling systems and event scheduling systems at higher education institutions of similar size, complexity, and mission.

● Demonstration of commitment to Accessibility. (VPAT, etc…)

● System Metrics: Provide current metrics regarding:

o The number of clients currently utilizing the proposed system and the number of clients currently implementing the proposed system o Uptime/downtime records for the past 24 months o Details regarding hardware/software/network requirements for client, as well as details regarding hardware/software/network systems to be implemented by vendor

● References: Provide up to five references in support of the required experience. The references should demonstrate the Bidder’s ability with projects similar in scope, size and nature of this RFP

● Contract History: Identify and explain any canceled or failed implementations of the Bidder’s proposed solution resulting in contract termination in the last five (5) years or that are pending litigation.

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 6, Bidder Qualifications Submission

Form.

Section 4.3: Preferred Bidder Qualifications/Experience

Binghamton University seeks an academic course, exam and event scheduling platform vendor with demonstrated success in the higher education market. The strength of the product; its features and services, and ultimately, its cost, will be the deciding factors for award.

Each bidder will provide a short period of time (<2 weeks) for demonstration / beta testing / or presentation where Binghamton University will require proof of the product’s ability to meet the criteria described in Section 5, regarding Mandatory, Desirable and Optional services.

Each bidder will be required to meet all features listed in the 5.1 mandatory services.

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Each feature listed in the Desirable services (Section 5.2) will be graded numerically from 0 to 3, and weighed as:

0. Failed to perform. Unable to perform. No plans to add this feature in the near future.

1. Failed to perform well or fully. Performed, but cumbersome or time consuming / plans in place to add or improve this feature.

2. Performed successfully.

3. Performed successfully and quickly. Particularly easy to navigate or innovative implementation.

Section 5: Scope of Services

Binghamton University requires a comprehensive academic course, exam and event scheduling platform that supports centralized oversight, distributed departmental participation, and data-informed decision-making across the institution. Integration with existing campus systems and adherence to established policies is necessary.

Accordingly, the following MANDATORY, DESIRABLE, and OPTIONAL products/services listed below will be the feature sets used for evaluation. Demonstration of compliance or conformance with these will be required, and coordinated individually with interested bidders.

Bidder's not yet able to perform a function should reach out to the RFP contacts to indicate if they have any current engineering plans to onboard that service in the coming 6-12 months. Final selection process, and the weight of each criteria for selection, is listed in section 8. RFP assumes that compliance with all services will be maintained throughout the 5 years of contract.

Section 5.1: Mandatory Services (See Attachment B SEPARATE EXCEL

DOCUMENT)

Successful Bidder MUST demonstrate their product’s ability to:

● Integrate fully with Binghamton University’s credentialing environment: CAS or SAML

● Support dynamic user provisioning and automated lifecycle management (creation, updates, deactivation, reactivation) and synchronization with institutional identity systems

● Provide RESTful API-based method for automated, real-time creation, deactivation, and reactivation of user accounts based on institutional data sources (e.g., enrollment status, employment records, HR systems)

● Ability to provide vendor hosted (cloud) or on-premise deployment

● For on-premise deployments, solution must support MS SQL Server or Oracle.

● For vendor hosted (cloud) deployments, timing of patches and updates must be coordinated with Binghamton University, tested in the test environment, and then moved to production on

Binghamton University’s schedule.

● The solution must provide a testing/sandbox environment that can be refreshed on demand.

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● Integration with Binghamton University’s Student Information System, Ellucian Banner, utilizing

Ethos or an equivalent supported integration framework.

● Meet current accessibility standards with product features for accessibility including alt text for images, full keyboard navigation, screen reader compatibility and other features.

● Provide complete VPAT / HECVAT / SOC2 report/questionnaire.

● Ability to modify room attributes based on time. For example, the capacity of a room and other features change after a renovation. The “before and after” configurations must be retained in the system and be used for current and future bookings.

● Automated final exam scheduling (time and room assignments) using student enrollment data with tools to minimize direct exam conflicts and exam overload (more than 2 exams in 24 hours) for individual students. Include reports showing individual student exam schedules and identifying exceptions, conflicts, or policy violations.

● Option to assign times to courses with provisions for accommodating instructor constraints.

Section 5.2: Desirable Services (See Attachment B SEPARATE EXCEL

DOCUMENT)

Bids from vendors being able to demonstrate the following services will receive additional points in the final selection matrix.

Advanced Course Scheduling Capabilities

● Interactive course scheduling tools that allow users to evaluate time and room selections in real time.

● Visual schedule displays.

● Scenario modeling or “what-if” analysis to evaluate alternative scheduling approaches.

● Real-time validation of instructor, room, and course conflicts during schedule development

Course Demand and Enrollment Analytics

● Tools to analyze course demand relative to seat availability.

● Visibility into student enrollment patterns across programs or cohorts.

● Ability to identify under-utilized or over-subscribed courses.

● Analytics that support proactive section planning and capacity decisions.

Space and Resource Optimization

● Intelligent room assignment based on capacity, location, and room attributes.

● Support for shared spaces and prioritized room preferences.

● Reporting on room utilization and scheduling efficiency.

● Tools to identify opportunities to improve space usage across the academic schedule.

Departmental Collaboration and Governance

● Role-based access that supports distributed departmental scheduling with central oversight.

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● Configurable approval workflows for schedule changes.

● Delegation of scheduling permissions within departments.

● Audit history or change tracking for schedule modifications.

Final Exam Scheduling Capabilities

● Support for scheduling multi-section and cross-listed courses.

● Provide tools to analyze and balance exam distribution for student major/cohort groups.

● Support for multiple exams in large rooms when appropriate.

● Ability to schedule double seats for exams.

● Consideration of student and instructor transition times.

● Validation tools to assess compliance with institutional scheduling rules.

● Comparative reporting across departments, colleges, or academic terms.

Event Scheduling

● Requestor Features: Provide user-friendly interface where people can view room schedules/availability and make requests for spaces and services.

○ Provide ability to submit, cancel or modify requests and reservations based on user role.

○ Provide ability to view requests, including current status.

● Scheduler Features: Provide role based permissions for a complex, distributed room scheduling environment where multiple departments oversee specific rooms. There should be the ability to provide room specific requirements for event requests.

○ Ability to create, modify and cancel reservations and requests, notifying requestor of changes, where appropriate.

● Provider Features: Provide ability to approve services and inventory items associated with reservations.

○ Ability to create, modify and cancel services, notifying requestor of changes, where appropriate.

● Administrative Features: Provide controls to manage each department’s unique requirements for room bookings.

○ Ability to control a public/non-authenticated vs. authenticated views

■ Ability to view/hide details on different views

○ Provide a searchable inventory of rooms, displaying room information, features and pictures.

○ Ability to define requestor, scheduler, provider and administrative roles based on user defined criteria.

○ Provide workflow from request to approval and tracking all subsequent changes to a request. Require that all components are approved before final approval of reservation.

Provide customizable notifications at all stages of the process.

○ Allow requests to include services and inventory items uniquely associated with specific spaces.

○ Allow for different requests either requiring scheduler approval or “on the fly” bookings not requiring approvals.

○ Ability to require minimum time needed before booking is allowed, i.e., 4 days before requested date.

○ Ability to add customizable optional and/or required questions to booking types.

○ Ability to control the number of requests a person can make based on space requested and user roles.

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○ Ability to handle scheduling rules for shared spaces where multiple departments have specific times where they approve event requests.

○ Provide mechanisms for informing end users of University policies regarding space and events and track end user agreement to follow relevant policies.

○ Ability to allow/not allow bookings on holidays.

○ Ability to manage distinct periods for room bookings, based on scheduler requirements for when their space can be booked. Not all spaces are available for booking at the same time and to the same roles. For example, the faculty role can request classrooms starting July 1, but the student role cannot request classrooms until August 1.

○ Integration with course and exam schedules with ability to show on room schedules.

■ Ability, in the scheduling system, to cancel academic courses on dates when classes are not in session. Ability to reschedule academic courses from one date to another date. Also, ability to remove academic courses for dates when classes dismiss earlier in the day. Information from the SIS does not exclude these dates and the scheduling system must remove/modify the courses from those dates.

Reporting and Data Analytics

● Standard and configurable reports related to course distribution, exam distribution, and space utilization

● Ability to create custom reports and scheduled data exports

● Dashboards for institutional and departmental stakeholders

● Tracking of system usage and scheduling activity

Data Access and API Requirements

● Provide a robust, secure RESTful API that allows full read access and data extraction across all system components, supporting granular endpoint-level permissions and role-based access.

● Support for secure data exchange with student information systems and related platforms.

● Data export capabilities in multiple formats both through the system and the API (JSON, XML, CSV).

● Support for incremental/delta exports and bulk operations.

● Support for batch edits and mass data overrides across multiple scheduling data elements

(e.g., courses, sections, exams, rooms, reservations, or components).

● Solution must provide detailed audit logs capturing user activity, administrative actions, authentication events, data access, and configuration changes.

● Bulk operations for user management, data updates, and system maintenance tasks.

System Administration and Configuration

● Configurable system settings to support institutional scheduling policies.

● User and role management tools for administrators.

● Responsive and accessible user interface across devices.

● Granular access levels based on user type, organizational affiliation, and functional role.

● Solution must offer a non-disruptive, easy-to-manage patching/upgrade cadence (e.g., automatic for SaaS).

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● API documentation and developer resources.

● Required inclusion of release notes and impact analyses prior to updates.

● The application must support the addition of external authentication (guest log-ins). For example: Dining Services, dedicated BIOL Self-Service account, etc.

● Calendar integrations with major platforms (Google Calendar, Outlook, Apple Calendar).

● Ability to provision roles via an external API integration without reliance on LDAP.

● Application should be able to support multiple roles per user.

● Ability to automatically provision and map user security roles within the scheduling platform based on existing user permissions and roles defined in the Student Information System

(Ellucian Banner).

● Custom branding of website/mobile app/software with institutional identity.

Implementation and Support Enhancements

● Structured implementation methodology with testing or simulation phases.

● Training resources tailored to different user groups.

● Ongoing support models and knowledge base resources.

● Demonstrated approach to continuous product improvement.

Section 5.3: Optional Services (See attachment B)

Binghamton University continually strives to offer new and innovative products and services to campus. Bidders providing information on the following services will be considered, though may not affect the final scoring of a bid:

● Professional Services: Professional engineering services for transition or implementation

● Advanced Integration Options: Additional third-party integrations beyond mandatory requirements

● Custom Development: Custom feature development capabilities

● Training and Consulting: Enhanced training and consulting services

Section 6: Cost Proposal

Complete Attachment C SEPARATE EXCEL DOCUMENT: Cost Proposal Submission Form. 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.

● Items / Services: Price shall be in accordance with the items and/or services listed or on the

Cost Proposal Submission Form, if provided. No other charges, other than those listed in the items or on the Financial Proposal Submission Form shall be allowable under the agreement.

● FOB: Price shall be FOB (Free on Board) Destination, Freight Prepaid.

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● 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.

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

Section 6.1: Travel Costs

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

Section 7: Key Events

Section 7.1: Bidder Questions

All questions must be submitted in writing to Matthew Schofield at mschofie@binghamton.edu by

July 24, 2026, 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.

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 8: Method of Award

The highest scoring responsible bidder based on the below criteria will be awarded the contract.

Section 8.1: Evaluation Process

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 Section 9, Proposal Submission Requirements.

mailto:mschofie@binghamton.edu

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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

The Cost Proposals of each bid remaining after the Technical Evaluation will be independently evaluated and scored by the designated contract officer.

5. Presentation or Interview

Bidders that are susceptible to award following the summation of the technical and cost MAY be invited to make a product demonstration and interview to discuss their proposal. SUNY will notify the Bidders and schedule the time, location and format. The format of the presentation may be in-person, by video, or by telephone at SUNY’s discretion. The presentation shall in no way change their original proposals. The presentation will be evaluated and scored by a presentation review evaluation committee. All costs associated with the Bidder’s attendance will be borne by the Bidder.

6. 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 8.1, 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.

7. 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:

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Technical Proposal %

Bidder Qualifications for section 4.2

‘Strength of References’

10%

Technical capabilities for section 5.2

‘Desirable Services’

60%

Total Technical Proposal 70%

Cost Proposal 30%

Total 100%

The responsible 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 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.

Section 9: Reserved Rights

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, to negotiate terms and conditions consistent with this RFP and to 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.

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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.

Section 10: Extraneous Terms Submittal Instructions:

Extraneous Terms Submittal Instructions: Bids must conform to the terms set forth in this RFP.

Material deviations (including additional, inconsistent, conflicting, or alternative terms) may render the bid non-responsive and may result in rejection of the bid. Therefore, extraneous terms and conditions are proposed solely at the Bidder’s risk. Proposed additional, supplemental, “or equal” or alternative terms (Extraneous Term(s)) may only be considered by SUNY to the extent that such Extraneous

Term(s) constitute non-material deviations from the requirements set forth in the RFP.

Only Extraneous Term(s) accepted by SUNY in writing shall be expressly incorporated into the

Contract. Acceptance and/or processing of a proposal shall not constitute acceptance of Extraneous

Term(s). SUNY will not entertain any exceptions to Exhibit A - Standard Clauses for SUNY Contracts, or Exhibit A-1 Affirmative Action Clauses. SUNY will not entertain any exceptions to the RFP or

Exhibit B – SUNY General Terms and Conditions, that are of a material nature. Extraneous Term(s) submitted on standard, pre-printed forms (including but not limited to: product literature, order forms, license agreements, contracts or other documents) that are attached or referenced with submissions shall not be considered part of the bid or resulting Contract, but shall be deemed included for informational or promotional purposes only.

Additionally, Extraneous Terms submitted or made unilaterally by the Bidder through electronic or other means (including but not limited to: “shrink wrap” or “click-wrap” terms and conditions accompanying software upon delivery; order forms; purchase orders; or other documents submitted by the successful Bidder for payment, notwithstanding SUNY’s subsequent acceptance of same or that SUNY has subsequently processed such document for approval or payment), shall not be considered part of the bid submission or any resulting Contract and shall be disregarded.

Section 11: Proposal Submission Requirements

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 points and questions that appear in this RFP, and should do so in the order that they appear.

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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 11.1: Proposal Format

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 may be submitted via email to Matthew Schofield at mschofie@binghamton.edu Subject line must include RFP#26/27/001 Response – vendor name.” Attachments must be limited to 50MB per email due to University’s mail server restrictions.

b. Multiple emails are acceptable to accommodate attachment size limitations. If sending multiple emails, they must be labeled indicating the number of total emails, and which number the current email is.

i. Ex: assuming bidder name is XYZ Corp. and this is the 1st of 3 emails: EX:

RFP#26/27/001: Response – XYZ Corp email 1/3.

c. 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. 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 mailto:mschofie@binghamton.edu http://www.ogs.state.ny.us/aboutOgs/regulations/defaultAdvisoryCouncil.html

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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.

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

9. 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.

10. 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.

11. Each copy of the proposal must be accompanied by the documents listed in Attachment 1, Bid

Submission Checklist.

Section 12: Other Proposal Requirements

Section 12.1: 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.

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 12.2: Procurement Lobbying Act – State Finance Law §§ 139-j and

139-k

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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 6, Procurement Lobbying Act

Certification.

Section 12.3: Non-Collusive Bidding Certification

In response to this section, complete and submit a completed Attachment 7, Non-collusive Bidding

Certification.

Section 12.4: 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.

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 12.5: 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

17 | Page 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 2, NYS Human Rights Law Executive

Order 177 Certification.

Section 12.6: 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…