Fire Extinguisher Inspection IFB 25JB0910-C000922.pdf

Invitation for Bid #25JB0930-C000922 Fire Extinguisher Inspection, Certification and Testing

Responses are due: October 30, 2025 3:30PM EST

Table of Contents Section Title Page #

Summary Information Form 1

Information for Bidders

Section I General Requirements 2

Section II Project Description 2

Section III Bidder Qualifications 5

Section IV Bid Submission Requirements 5

Section V Method of Award 8

Section VI General Information 8

Section VII General Terms & Conditions 9

Notary Acknowledgement 20-21

Exhibit A 22-24

Exhibit A-1 25-30

Fire Alarm System Information 31

Fire Suppression System Information 32

Attachment 1: Cost Bid Worksheet 35

Attachment 2: Bid Submission Checklist and the documents indicated thereon 36

Attachment 3: Procurement Lobbying Act Certification 37

Attachment 4: Non-Collusive Bidding Certification 38-39

Attachment 5: FOIL Notification 40-41

Attachment 6: NYS Finance Law 139l Certification 42

SUMMARY INFORMATION FORM

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

IFB #: 25JB0930-C000922 IFB Title: Fire Extinguisher Inspection, Certification and Testing

IFB Release Date: October 8, 2025 Electronic copies of this IFB are available at:

https://www.nyscr.ny.gov/index.cfm

Key Events Pre Bid Meeting/Walkthrough (OPTIONAL) 10/22/2025 12:00PM EST Questions/Requests for clarification due 10/24/2025 3:30PM EST Response to questions/requests for clarifications issued 10/28/2025 Bid Due Date and Time 10/30/2025 3:30PM EST Anticipated Notification of Intent 11/03/2025 Anticipated Contract Start Date 12/15/2025 Anticipated Term Length of Contract Five Years

SUNY reserves the right, in its sole discretion, to modify the above schedule. Bidders will be notified via email of any changes in a timely manner

Contact Information Primary Contact:

Jenna Beauregard 101 Broad Street Plattsburgh, NY 12901

(P) (518)-564-4604

(E) case8736@plattsburgh.edu

Secondary Contact:

Other Contact:

Restricted Period In accordance with the requirements of New York State Finance Law Sections 139j and 139k (“Lobbying Law”), the restricted period for this procurement is now in effect. Therefore, all communications regarding this procurement must be handled through the State University of New York’s designated contacts, listed above, 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 (See Exhibit B, Section 16):

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:

THIS PAGE MUST BE SIGNED AND RETURNED WITH BIDDER’S RESPONSE By signing this form, bidder acknowledges

(a) that the IFB 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 IFB has been included in bidder’s bid.

https://www.nyscr.ny.gov/index.cfm

INFORMATION FOR BIDDERS

Section I: General Requirements The State University of New York, College at Plattsburgh (“College”) is seeking sealed Bids, IFB #25JB0930-C000922 titled Fire Extinguisher Inspection, Certification and Testing Services until 3:30 p.m. Local Time on Thursday, October 30, 2025 in the Procurement Services Office, Kehoe Administration Building, room 714 at 101 Broad Street, Plattsburgh, NY 12901 and such bids will be publicly opened and read aloud immediately thereafter.

The successful bidder must be available to begin the contract on December 15, 2025 and work through December 14, 2030.

Complete electronic sets of the Bidding and Contract Documents may be obtained from the New York State Contract Register at: www.nyscr.ny.gov.

An optional pre-bid meeting will be held on Wednesday, October 22, 2025 at 12:00PM local time. Interested bidders will meet at the Service Building, at 40 Sanborn Avenue.

Updates and IFB bid attachments will be uploaded to the New York State Contract Register as they become available.

This procurement’s communications are restricted under NYS Finance Law 139j. You may only contact the designated contacts on this advertisement for information. Please send all inquiries via email and include “25JB0930-C000922 – Fire Extinguisher Inspection, Certification and Testing Services” in all subjects.

It is the policy of the State of New York and the State University to encourage minority and women business enterprise participation in the project by Vendor, subcontractors, and suppliers, and all bidders are expected to cooperate in implementing this policy.

The State University of New York reserves the right to reject any or all bids.

http://www.nyscr.ny.gov/

Section II: Project Description

Technical services shall Include:

1. Scope of Work

The purpose of this Invitation for Bid is to procure an agreement for Annual, six (6) and 12-year Fire Extinguisher Inspection, Certification and Testing services for 1,100 +/- extinguishers for SUNY Plattsburgh for a period of five (5) years from December 15, 2025 through December 14, 2030. Payment will only be approved once Final Inspection Reports have been received by SUNY Plattsburgh (progress billing on a percentage basis is allowed).

Full list of extinguishers is attached to show testing requirements and schedule.

To be fully compliant with the laws of NYS the College is required to administer an Inspection and Testing program of the installed Fire Protection systems located in each campus building.

The NYS Office of Fire Prevention and Control (OFPC) performs annual inspections to include a records review of all Campus buildings to ensure compliance with the NYS Fire and Property Maintenance codes and applicable reference standards.

The Campus systems included in this RFQ are:

Portable Fire Extinguishers

The contractor shall perform all inspections and testing in accordance with and as identified in the following codes and standards. Please note: SUNY Plattsburgh requires the contractor to perform the required Annual inspections of all portable fire extinguishers on campus and six (6) or 12 year inspections and testing if required.

The inspection, testing and maintenance program of this contract shall satisfy the requirements of the current NYS Fire Code and applicable NFPA standards referenced therein and shall conform to the equipment manufacturer's recommendations, to ensure verification of the reliable operation of the Campus Fire Protection systems.

The College is under no obligation to replace deficiencies with this scope of work, however a quote may be requested from the winning vendor to replace the deficient units, under a separate scope of work and separate contract or purchase order.

A. Invoicing Requirements:

1. Detailed invoices are to be issued monthly.

2. Payment for invoices submitted by vendor shall only be rendered electronically unless payment by paper check is expressly authorized by the Vice Chancellor for Business and Finance of the State University of New York or designee, in her/his sole discretion, due to extenuating circumstances. Such electronic payment shall be made in accordance with ordinary New York state procedures and practices. Vendor shall comply with the OSC procedures to authorize payments.

B. Price:

The total price shall include all travel, inspection fees, etc.

The price offered to the College is to include all components necessary to meet the NFPA requirements for fire extinguisher inspections, including, but not limited to O-rings, valve stems, verification of service collars, recharges, and code required labels.

Work Schedule:

1. A daily schedule of work to be performed the next work day will be provided to the MOC Manager each morning so that building occupants will be provided 24-hour notice that the inspections will be taking place in their buildings.

2. Each morning a representative of the vendor will check in with MOC Manager or their designee to provide telephone numbers of the vendor employees working on site that day and provide the work schedule for the next business day.

3. At the end of each work day a representative of the vendor will check out at the MOC Center.

4. All annual testing to be completed between December 15, 2025 and January 23, 2026 (future dates will be released as academic calendar is finalized).

5. Testing schedules will have to be worked around students and classes in some of the buildings with winter classes in session. Some availability to test areas may cause delays and should be expected. The college will make every effort to minimize by communication with the on-site inspection personnel and may require off-hour coordination.

Additional Information:

1. Contractor employees working onsite during the engagement are required to carry identification as described in the SUNY Plattsburgh’s Contractor Identification Policy found at this link:

https://www.plattsburgh.edu/about/offices-divisions/administration-finance/management-services/campus-handbook/section-viii-health-safety/contractor-identification-policy.html

2. Contractor will obtain parking permits from the MOC Coordinator that will be clearly displayed throughout the duration of this contract.

https://www.plattsburgh.edu/about/offices-divisions/administration-finance/management-services/campus-handbook/section-viii-health-safety/contractor-identification-policy.html https://www.plattsburgh.edu/about/offices-divisions/administration-finance/management-services/campus-handbook/section-viii-health-safety/contractor-identification-policy.html

Section III: Bidder Qualifications

Each bidder must be prepared to show to the satisfaction of the College that it has the working capital available to properly manage the contract. In addition bidders must be prepared to prove to the satisfaction of the College that it has successfully completed a contract of similar work in an amount of not less than fifty percent of the amount of the total bid.

Section IV: Bid Submission Requirements A. A bidder must meet all requirements and qualifications and its written bid must address all points appearing in this IFB. In the event a Bidder’s bid is determined by SUNY to be “non-responsive,” SUNY is required by its contract procedures to disqualify the bid.

A disqualified bid will not be further evaluated or considered for contract award. To facilitate SUNY’s review of bids, Bidders must address all points that appear in this IFB, and should do so in the order that they appear.

B. Submit two (2) original hard copies of your bid to the contact listed by the due date and time. All signatures must be original.

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

D. Prepare a clearly readable bid that includes: (a) a cover letter; (b) a completed Bidder

Qualification form; (c) completed Bid sheet; (d) required forms and all supporting documentation.

E. Bids should be submitted in sealed packages clearly labeled on the exterior with the

IFB number and title. Bids not labeled as instructed risk being opened before the bid opening date, which may result in the bid being rejected. All bids and accompanying documentation shall become the property of the College and shall not be returned. No telephone, facsimile, emailed or otherwise electronically submitted bids will be accepted.

F. Bid Submission Address:

Bid # 25JB0930-C000922 – Fire Extinguisher Inspection, Certification and Testing Services Procurement Services, SUNY Plattsburgh Attn: Jenna Beauregard 101 Broad Street Plattsburgh, NY 12901

G. Bids must be received in the office identified above by the due date and time provided on the Summary Information Form on Page 1 of this IFB. Bidders mailing their bids must allow sufficient time to ensure receipt by the due date and time. Bidders are cautioned that even when using a traceable mailing/courier/messenger service, bids must be received by the due date and time. While bids may be signed for by personnel at the College prior to the due date and time, this does not guarantee that the identified office will receive the bid by the due date and time.

H. Late Bids. A Late Bid is one that is not received at the location, date and time specified in this IFB. Any bid received at the specified location after the time specified in this IFB 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 IFB 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.

I. In the event of a discrepancy among copies, the original hard copy takes precedence.

J. Bidders unable or unwilling to submit a bid are asked to complete the Summary

Information Form on Page 1 of this IFB and check the box indicating that no bid is being submitted.

K. No bid bond or security is required with this bid.

L. Bids may be modified, withdrawn or canceled only in writing or by email notice received by Procurement Services prior to the time of opening of bids designated in the Bidding and Contract Documents. A written or email notice of modification, withdrawal or cancellation shall be marked by the bidder with the name and address of the bidder, the title and number of the IFB. Upon receipt by the College a duly authorized employee of the College, who shall note thereon the date and time of receipt and shall thereupon attach said written or email notice of modification, withdrawal or cancellation to the envelope submitted by the bidder.

M. Permission will not be given to modify, explain, withdraw or cancel any bid or part thereof after the time designated in the Bidding and Contract Documents for the opening of bids, unless such modification, explanation, withdrawal or cancellation is permitted by law and the College is of the opinion that it is in the public interest to permit the same.

N. An authorized person must fully and properly execute the bid, and the authorized person’s signature must be notarized. 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 this IFB terms and conditions, Exhibit A (State University of New York Standard Contract Clauses), Exhibit A-1 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:

https://ogs.ny.gov/acpl/

O. All prices and conditions must be included in the original bid. Prices and conditions not included in the original bid will be rejected.

P. Bid Opening. Bids may, as applicable, be opened publicly. The College reserves the right, at any time, to postpone or cancel a scheduled bid opening. Bidders may attend the bid opening, at which a College representative will publicly announce the names of Bidders who have submitted bids.

Q. Minor Irregularities. Bids that contain minor irregularities, such as those submitted in the wrong form, or executed improperly, shall be considered informal. Informal bids may be considered in selecting a low bidder if the public interest will be promoted thereby.

R. The submission of a bid constitutes a non-revocable, binding offer to perform and provide said services. Such binding offers shall be firm and not revocable for a period of ninety

(90) days from bid opening. After ninety (90) days, the bid may remain in effect, subject to withdrawal communicated in writing signed by the Bidder. If this IFB is for the sale of goods pursuant to §-205 of New York State Uniform Commercial Code, the bid shall be firm, binding and not revocable for a period of ninety (90) days.

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

T. Each copy of the bid must be accompanied by the following:

1. Summary Information Form (Page 1 of this IFB)

2. Notary Acknowledgement Form (follows the last page of this IFB)

3. Attachment 1: Cost Bid Worksheet

4. Attachment 2. Bid Submission Checklist and the documents indicated thereon

5. Attachment 4: Non-Collusive Bidding Certification

6. Attachment 5: FOIL Notification

7. Attachment 6: Procurement Lobbying Act Certification

8. Attachment 7: NYS Finance Law Forms

9. Vendor Responsibility Survey: File either online via the NYS VendRep

System or complete and submit a paper questionnaire.

U. SUNY reserves the right to reject any bidder who does not demonstrate financial stability sufficient for the scope of this IFB.

V. Extraneous Terms. Bids must conform to the terms set forth in this IFB. Any resulting agreement or contract terms and conditions cannot be in conflict with the terms set forth in the IFB.

1. New York State Exhibit A, A-1, and all required state of New York forms included in this IFB are not negotiable.

2. Extraneous terms or material deviations (including additional, inconsistent, conflicting or alternative terms) may render the Bid non-responsive and may result in rejection of the Bid.

3. 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. Acceptance and/or processing of the Bid shall not constitute such written acceptance of Extraneous Term(s).

W. Pre Bid Meeting An optional pre-bid meeting will be held on Wednesday, October 22, 2025 at 12:00PM EST. Interested vendors will meet at the Service Building entrance at 40 Sanborn Avenue. Please RSVP to case8736@plattsburgh.edu to indicate your attendance and receive parking information. Note, RSVP is not mandatory, only requested.

X. Bidder Questions. All questions must be submitted, in writing, citing the particular IFB page, section and paragraph numbers where applicable.

1. Email questions to arrive no later than 3:30 pm Eastern time on the date indicated and direct to the Primary Contact listed in the Summary Information Page of this IFB (case8736@plattsburgh.edu). Subject MUST include “25JB0930-C000922- Fire Extinguisher Inspection, Certification and Testing Services”.

2. Questions received after the closing date, will not be answered. Only written answers are official. All Questions and Answers will be issued as addenda to this IFB and posted on the New York State Contract Reporter at https://www.nyscr.ny.gov/index.cfm

3. Only the written interpretation or correction so given by Addendum shall be binding. Prospective bidders are warned that no trustee, officer, agent or employee of the College is authorized to explain or interpret the Bidding and Contract Documents by any other method, and any such explanation or interpretation, if given, must not be relied upon.

Section V: Method of Award The contract award will be made to the qualified bidder who, in the opinion of the College is capable of performing the services, is responsible and reliable and offers the lowest cost. The College reserves the right to reject any and all bids.

Delivery and startup of contract is requested after contract is approved by New York State Office on the Controller and New York State Attorney General’s office and is anticipated to begin on December 15, 2025.

Section VI: General Information

A. SUNY reserves the right to reject any bidder who does not demonstrate financial stability sufficient for the scope of this IFB.

mailto:case8736@plattsburgh.edu https://www.nyscr.ny.gov/index.cfm

B. SUNY’s Reserved Rights. The State University reserves the right to:

1. Reject any and all bids received in response to this IFB.

2. Reject separable portions of any offer, to negotiate terms and conditions consistent with the solicitation, and to make an award for any or all remaining portions.

3. Withdraw the IFB at any time, at SUNY’s sole discretion.

4. Make an award in whole or in part.

5. Disqualify any Bidder whose conduct and/or bid fails to conform to the requirements of this IFB.

6. Use bid information obtained through site visits, management interviews and the state’s investigation of a Bidder’s qualifications, experience ability of 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 IFB.

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

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

9. Request references and contact any or all references.

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

11. Advise the Successful Bidder of an objectionable employee(s) and/or subcontractor(s).

12. Eliminate mandatory requirements unmet by all offerers. Any additional vendor terms which are attached or referenced with a submission shall not be considered part of the bid or proposal, but shall be deemed included for informational purposes only.

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

14. 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.

15. Request clarifications from offerers for purposes of assuring a full understanding of responsiveness and further reserves the right to permit revisions from all offerers determined to be susceptible to being selected for contract award, prior to award.

16. Award no contract.

C. Contract Award. Receipt of this IFB does not indicate that SUNY has predetermined Bidder’s qualifications to receive a contract award. A contract award, if made, shall be based on evaluation of the bid in accordance with the criteria set forth in this IFB. The successful Bidder will be notified by SUNY by email and confirmed by letter.

D. Debriefing. Bidders who responded to this IFB will be given written notice as to whether their bid was successful or unsuccessful. Upon being notified of their unsuccessful bid, Bidders may request a debriefing in within 15 calendar days of such notice. The 15-day period starts once unsuccessful Bidders are notified. Upon a Bidder’s request for debriefing:

(i) SUNY Plattsburgh will schedule the debriefing within a reasonable time of such request.

(ii) The debriefing will be conducted via telephone with the Bidder, unless SUNY Plattsburgh and the Bidder mutually agree to use another method such as by video conference, in person or another type of electronic communication.

(iii) Bidders’ written request must state whether the Bidder will be attending with counsel, to allow SUNY Plattsburgh to arrange for University counsel attendance if so determined.

(iv) The debriefings will cover, but not limited to the following:

i. The reason why the bid was unsuccessful.

ii. The quantitative and qualitative analysis that was used by the campus to assess the relative merits of the bid, proposal or offer.

iii. How the selection criteria was applied to the unsuccessful bid.

iv. If the request for debriefing is made prior to contract award, the debriefing shall be limited to review of that Bidder’s bid.

v. If the debriefing is held after the final award (which means OSC approval, if applicable) it, may cover the reason for the selection of the winning proposal.

vi. To the extent practicable, general advice and guidance on the ways the Bidder can improve future proposal submission or be more responsive.

E. Contract Award Protest Procedures. Bidders wishing to protest a contract award may do so in accordance with the College’s procedures, available at:

http://www.suny.edu/sunypp/documents.cfm?doc.id=699

Section VII: General Terms and Conditions A. Free and Open Competition. The College encourages free and open competition.

Whenever possible, terms, specifications, and conditions are designed to accomplish this objective, consistent with the necessity to satisfy the College’s needs.

B. Notification of Errors, Inquiries and Interpretation. Bidder is responsible to bring to the College’s attention any deviations in the technical specifications and to make recommendations for any additional requirements deemed necessary as standard, or for work indicated in the specifications contained in this IFB. If the College in its discretion finds the deviations to be significant to require a change in the necessary specifications for the work, the College will notify all Bidders in writing of the change in specifications.

No deviations from the technical specifications provided herein shall be made without written approval of the College.

http://www.suny.edu/sunypp/documents.cfm?doc.id=699

C. No Claims or Rights. By submitting a bid, Bidder agrees that it will not make any claims for, or have any right to damages because of any misinterpretation or misunderstanding of the specifications or because of any misinformation or lack of information.

D. D. Conflict of Interest. Bidder may be requested to provide evidence that the award of a contract will not result in (i) a conflict of interest with regard to other work performed by Bidder; or (ii) a potential conflict of interest among Bidder’s staff.

E. Bidder’s Terms and/or Conditions. Bidder’s standard terms and conditions will not be considered relevant to its bid or to the contract awarded and should not be included with its bid. Any additional Bidder terms and conditions attached to or reference in Bidder’s bid shall not be considered part of the bid, but shall be deemed included for informational purposes only. NO extraneous terms or conditions will be incorporated in the contract awarded unless approved in writing by the SUNY Office of General Counsel. Acceptance and/or processing of a Bidder’s bid shall not constitute acceptance of a Bidder’s extraneous terms and conditions.

F. Acceptance of IFB Content. The terms and conditions included in this IFB as well as the applicable portions of Bidder’s bid shall become contractual obligations if a contract is awarded.

BIDDER’S FAILURE TO ACCEPT THESE TERMS AND CONDITIONS AND

OBLIGATIONS SHALL RESULT IN REJECTION OF BIDDER’S BID.

G. Services Outside Scope of the Contract Awarded. The College shall not be responsible for any services provided by the successful Bidder that are outside the scope of the contract awarded. The College shall not be responsible for any additional costs other than the costs for the services outlined herein, or for any work performed that has not been properly authorized in writing by the College.

H. Standard Contract Clauses. Any contract awarded resulting from this IFB shall include Exhibit A (State University of New York Standard Contract Clauses) and, for contracts in excess of $25,000, Exhibit A-1 (State University of New York Affirmative Action Clauses).

The provisions of Exhibit A and Exhibit A-1 shall take precedence over any provision in this IFB or any provisions in the contract awarded. Exhibits A and A-1 are included as attachments to this IFB.

Exhibit A and A-1 are not negotiable and cannot be edited. They are standard contract clauses in accordance with State Finance, Executive, and Labor laws.

https://system.suny.edu/procurement/boilerplate-contracts/

I. Binding Effect. The contract awarded shall be binding upon its execution by both parties and, if required by New York State law, upon the written approvals of the Attorney General and the Office of the State Comptroller.

J. Confidentiality/Freedom of Information Law. All bids submitted for the College’s consideration will be held in confidence and will become the property of the College.

https://system.suny.edu/procurement/boilerplate-contracts/

However, the resulting contract is subject to the New York State Freedom of Information Law (FOIL), contained in Article 6 of the New York State Public Officer’s Law. Therefore, if a Bidder believes that any information in its bid constitutes a trade secret, should be treated as confidential and should not be disclosed upon a request pursuant to FOIL, Bidder shall submit with its bid a separate letter addressed to: SUNY Plattsburgh, 101 Broad Street, Plattsburgh, NY 12901; specifically (i) identifying the page number(s), line(s) or other appropriate designation(s) containing such information; (ii) explaining in detail why such information is a trade secret or confidential; and (iii) formally request that such information be held as confidential. Bidder’s failure to submit such a letter with its bid will constitute a waiver by the Bidder of any rights it may have under Section 89(5) of the Public Officers' Law relating to protection of trade secrets. The proprietary nature of the information designated confidential by the Bidder may be subject to disclosure if ordered by a court of competent jurisdiction. A request that an entire bid be kept confidential is not advisable, because a bid cannot reasonably consist exclusively of proprietary information.

K. Diversity Contracting Requirements

(a) Diversity Practices and Equal Employment Opportunity: Contractor agrees to submit, upon SUNY Plattsburgh’s request, all required forms relating to its diversity practices, including its efforts to include New York State certified Minority and Women- Owned Business Enterprises (MWBEs) in its business practices. Pursuant to Article 15 of the Executive Law (the "Human Rights Law"), all other State and Federal statutory and constitutional non-discrimination provisions, Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, religion, national origin, military status, sexual orientation, age, disability, genetic disposition or carrier status, domestic violence victim status, or marital status, and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and will make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force during its legal engagement with SUNY Plattsburgh. It shall also follow the requirements of the Human Rights Law with regard to non-discrimination based on prior criminal conviction and prior arrest.

(b) Service-Disabled Veteran-Owned Businesses (SDVOB): Contractor acknowledges SUNY Plattsburgh’s commitment to the State’s policy of encouraging the development of SDVOBs. The Service-Disabled Veteran-Owned Business Act (the “Act”) became effective on May 12, 2014, and SUNY Plattsburgh has implemented the State's comprehensive plan and operational guidelines to promote SDVOBs and to assist them in obtaining opportunities to participate in the procurement of goods and services by the State. SUNY Plattsburgh will employ applicable measures and procedures provided by the Director of the Division of Service-Disabled Veterans' Business Development in the Office of General Services (the "Division"), to ensure that SDVOBs are afforded the opportunity for meaningful participation in the performance of SUNY Plattsburgh’s contracts and to assist in achieving the Act’s statewide goal for participation on state contracts by SDVOBs. Contractor further acknowledges that in the event it willfully and intentionally fails to comply with the SDVOB participation requirements, it shall be liable to SUNY Plattsburgh for damages, calculated based on costs for administration of SUNY Plattsburgh’s SDVOB program.

(c) Encouraging Use of New York State Businesses in Contract Performance:

New York State businesses have a substantial presence in SUNY Plattsburgh contracts and strongly contribute to the economies of New York and the nation. In recognition of their economic activity and leadership in doing business in New York State, the Contractor is strongly encouraged and expected to consider New York State businesses in the fulfillment of the requirements of this Agreement. Such partnering may be as subcontractors, suppliers, protégés or other supporting roles.

L. Office of Federal Contract Compliance Programs This Vendor and Subcontractor shall abide by the requirements of 41 C.F.R. §§ 60- 300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals on the basis of protected veteran status or disability, and require affirmative action by covered prime Vendors and subcontractors to employ and advance in employment qualified protected veterans and individuals with disabilities.

M. Governing Law This IFB, Bidders’ bids and any resulting contract shall be governed, construed and enforced in accordance with the laws of the State of New York, excluding New York’s choice of law principles in a New York court of competent jurisdiction. Bidder/Vendor agrees to submit itself to such court’s jurisdiction.

N. Determination of Vendor Responsibility New York State procurement law requires that state agencies award contracts only to responsible Vendors. Additionally, the New York State Comptroller must be satisfied that a proposed Vendor 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 based on 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 Vendor.

In accordance with these procurement laws, the College will conduct an affirmative review of vendor responsibility for all organizations or firms with which it conducts business. In doing so, bidders 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.

In addition:

http://www.osc.state.ny.us/vendrep https://portal.osc.state.ny.us/ mailto:helpdesk@osc.state.ny.us http://www.osc.state.ny.us/vendrep

1. General Responsibility. The Vendor shall at all times during the contract awarded term remain responsible. The Vendor agrees, if requested by the SUNY Chancellor or his or her designee, to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity.

2. Suspension of Work for Non-Responsibility. The SUNY Chancellor, in his or her sole discretion, reserves the right to suspend any or all activities under the contract awarded, at any time, when he or she discovers information that calls into question the responsibility of the Vendor. In the event of such suspension, the Vendor will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Vendor must comply with the terms of the suspension order. Contract activity may resume at such time as the SUNY Chancellor or his or her designee issues a written notice authorizing a resumption of performance of the contract awarded.

3. Termination for Non-Responsibility. Upon written notice to the Vendor and a reasonable opportunity to be heard with appropriate SUNY officials or staff, the SUNY Chancellor or his or her designee at the Vendor’s expense, where the SUNY Chancellor determines the Vendor or his or her designee to be non-responsible may terminate the contract awarded. In such event, the SUNY Chancellor or his or her designee may complete the contractual requirements in any manner he or she may deem advisable and pursue available legal or equitable remedies for breach.

O. Sexual Harassment Prevention Certification:

N.Y. State Finance Law §139-l: Pursuant to N.Y. State Finance Law §139-1, every bid made on or after January 1, 2019 to the State of 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 prevent policy and sexual harassment training program that employers may utilize to meet the requirements of N.Y. State Labor Law §201-g. The model sexual harassment prevention policy, model sexual harassment training materials, and further guidance for employers, can be found online at the following URL:

https://www.ny.gov/combating-sexual-harassmentworkplace/employers.

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

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

P. Timeliness of Payment and Interest Payment is made Net 30 days from receipt of a proper invoice upon completion of accepted work. Section 179g of New York State Finance Law shall govern interest for late payment.

The College reserves the right to negotiate a phased deliverable and payment schedule with successful bidder if applicable.

Q. Exhibits and Order of Precedence The following documents will be incorporated into, and made part of, the contract awarded in the order stated below:

a. Exhibit A, State University of New York Standard Contract Clauses

b. Exhibit A-1, State University of New York Affirmative Action Clauses (for contracts valued at greater than $25,000)

c. The Agreement

d. Exhibit B, this IFB

e. Exhibit C, the Successful Bidder’s Cost Sheet

In the event of any inconsistency in or conflict among the document elements described above, such inconsistency or conflict shall be resolved by giving precedence to the document elements in the order set forth above.

R. Independent Vendor The Successful Bidder (Vendor) and its agents or employees or any entity or person acting on behalf of the Vendor engaged in the performance of work shall at all times be deemed to be performing as independent Vendors. The Vendor hereby covenants and agrees to act in accordance with that status. The Vendor and its agents or employees or any entity or person acting on behalf of the Vendor shall neither hold themselves out as, nor claim to be, officers or employees of SUNY/the College and shall make no claim for, nor be entitled to, Workers’ Compensation coverage, medical and unemployment benefits, social security, or retirement membership benefits from SUNY/the College.

S. Reciprocity and Sanctions Provisions Bidders are hereby notified that if their principal place of business is located in a state that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act of 1994 (Chapter 684, Laws of 1994) require that they be denied placement on bidders mailing list and contracts for which they would otherwise obtain. Bidders of construction services must be denied the award of a contract if their principal place of business is located in a state that discriminates or imposes a preference against New York State firms.

A current list of states which penalize New York State firms is available from the office letting this contract, or from the Procurement Assistance Unit, Office of Empire State Development, Albany New York (518-474-7756).

T. Compliance Vendor shall comply with all laws, rules, orders, regulations, and requirements of federal, state and municipal governments applicable hereto, including the provisions of Exhibit A, State University of New York Standard Contract Clauses, attached hereto and made a part hereof, and for agreements with a value of $25,000 or more Exhibit A-1, State University of New York Affirmative Action Clauses, attached hereto and made a part hereof.

U. Indemnification

Successful Bidder (Vendor) The Successful Bidder (Vendor) shall be responsible to and shall fully defend, indemnify, and hold harmless the State of New York and the State University of New York and their respective officers, trustees, directors, agents and employees without limitation, from any and all losses, expenses, damages and liabilities, including reasonable attorneys’ fees, arising out of the intentional or negligent acts or omissions of the Vendor, its officers, employees, agents or licensees in any performance under this Agreement including: i) personal injury, damage to real or personal tangible property; ii) negligence, either active or passive; and iii) infringement of any law or of a United States Letter Patent, with respect to Products and Services furnished under this Agreement, or of any copyright, trademark, trade secret or intellectual proprietary rights, provided that the College shall give Vendor:

(a) prompt written notice of any action, claim, or threat of infringement suit, or other suit, promptness of which, shall be established by the College upon the furnishing of written notice and verified receipt, (b) the opportunity to take over, settle or defend such action, claim or suit at Vendor's sole expense, and (c) assistance in the defense of any such action is at the expense of the Vendor. Where a dispute or claim arises relative to a real or anticipated infringement, the College may require the Vendor, at its sole expense, to submit such information and documentation, including formal patent attorney opinions, as the College shall require. New York State reserves the right to join such action, at its sole expense, when it determines there is an issue involving a significant public interest.

The College Subject to the availability of lawful appropriations and the New York Court of Claims Act, the College will hold the Vendor harmless from and indemnify it for any final judgment of a court of competent jurisdiction only to the extent attributable to the negligence of the College or of its officers or employees when acting within the course and scope of their employment.

V. Liability The Successful Bidder (Vendor) understands and agrees that it is responsible for the performance of the Services in accordance with the terms and conditions of the awarded Contract.

The College may look solely to the Vendor for remedy, redress, liability or indemnification for any failure to perform, whether caused by Vendor itself or by one or more of its officers, employees, subcontractors, agents, licensees, licensors or affiliates or any person or entity acting on behalf of Vendor in providing the Services.

The Vendor shall be fully liable for the actions of its officers, employees, subcontractors, agents, licensees, licensors, or affiliates or any person or entity acting on its behalf in providing the Services and shall fully indemnify and save harmless the College, SUNY, and the State of New York from suits, actions, damages and costs of every name and description presented, brought, or recovered against the College and the State of New York for, or on account of any liability which may be incurred by reason of the Vendor’s performance of this Agreement.

The Vendor will be responsible for the work, direction and compensation of any person or entity it engages as an officer, expert, employee, consultant, agent, independent Vendor, or subcontractor. Nothing in the contract awarded or the performance thereof by the Vendor will impose any liability or duty whatsoever on the College including, but not limited to, any liability for taxes, compensation, commissions, Workers' Compensation, disability benefits, Social Security, or other employee benefits for any person or entity.

W. Insurance

1. INSURANCE COVERAGE:

• Proof of Insurance, Disability and Worker Compensation coverage is required before any work being performed on-campus. Vendors not providing on-campus services for this IFB may not be required to provide all three proofs of Insurance. If you are awarded, you will be notified of the final IFB insurance requirements.

• The Vendor shall furnish evidence of acceptable policies to the College within five (5) days upon award of project or upon request. Certificates of insurance shall be presented to Purchasing, via email to the Primary Contact identified in the Summary Information Sheet of the IFB. Please include IFB#25JB0930-C000922 in the subject line. The College will not pay for proof of insurance certificates or Acord forms.

• Vendor will at all times, at their own expense, carry commercial general liability insurance and property damage insurance in the amounts of $2,000,000/$2,000,000 naming the following as additionally insured: the State of New York, and the State University of New York and SUNY Plattsburgh.

o Commercial General Liability insurance Each Occurrence $2,000,000 o Medical Expense (any one person) $ 5,000 o Personal/Advertising Injury Liability $1,000,000 o General Aggregate $2,000,000 o Products/Completed Operations Aggregate $2,000,000 o Business Automobile Insurance

Combined Single Limit $1,000,000 o Workers’ Compensation see Section VII.X.2 o New York State Disability Benefits see Section VII.X.3

2. WORKERS’ COMPENSATION COVERAGE REQUIREMENTS:

• An ACORD form is NOT acceptable proof of workers’ compensation coverage. In order to provide proof of compliance with the requirements of the Workers’ Compensation Law pertaining to workers’ compensation coverage, a Vendor shall:

o Be legally exempt from obtaining Workers’ Compensation insurance coverage; or o Obtain such coverage from an insurance carrier; or o Be a Workers’ Compensation Board-approved self-insured employer or participate in an authorized self-insurance plan.

• Workers’ Compensation (including occupational disease) and Employer’s Liability New York Statutory Endorsement with a minimum limit of $1,000,000 as evidenced by one (1) of the following:

o Form C-105.2 (9/17) if coverage is provided by the Vendor’s insurance carrier, Vendor must request its carrier to send this form to the State University of New York, or o Form U-26.3 if the State Insurance Fund provides coverage, Vendor must request that the State Insurance Fund send this form to the State University of New York.

o Form SI-12, Certificate of Workers’ Compensation Self-Insurance available from the New York State Workers’ Compensation Board’s Self-Insurance Office.

o Form GSI-105.2, Certificate of Participation in Workers’ Compensation Group Self-Insurance available from the Vendor’s Group Self- Insurance Administrator.

3. PROOF OF COMPLIANCE WITH DISABILITY BENEFITS COVERAGE

REQUIREMENTS:

• In order to provide proof of compliance with the requirements of the

Workers’ Compensation Law pertaining to disability benefits, a Vendor shall:

o Be legally exempt from obtaining disability benefits coverage; or o Obtain such coverage from an insurance carrier; or o Be a Board-approved self-insured employer.

• New York State Disability Benefits as evidenced by one of the following:

o Form DB-120.1, Certificate of Disability Benefits Insurance. Vendor must request its business insurance carrier to send this form to The State University of New York.

o Form DB-155, Certificate of Disability Benefits Self-Insurance. The Vendor must call the Board’s Self-Insurance Office at 518-402-0247 to obtain this form.

X. Termination The Contract awarded to the Successful Bidder (Vendor) may be terminated by the College for any of the following reasons:

1. Convenience of the College: The contract may be terminated at any time upon receipt of thirty (30) days prior written notice given by the College for…