IFB 1185 Water Treatment Operators FINAL.pdf

IFB 1185 NYS Certified Water Treatment Operator

New York State Office of Children and Family Services

Division of Juvenile Justice and Opportunity for Youth (DJJOY)

INVITATION FOR BIDS

IFB 1185

NYS Certified Water Treatment Operator for Technical Services

Issued: 5/22/2025

BID DUE DATE: 6/26/2025 by 4:00 PM Eastern Time

KATHY HOCHUL

Governor

DAMIA HARRIS-MADDEN, Ed.D., MBA, M.S.

Commissioner

Table of Contents

1. Introduction

1.1 Overview

1.2 Designated Contacts

1.3 Calendar of Events

1.4 IFB Questions and Clarifications

2. Bid Submission

2.1 Instructions for Bid Submission

2.2 Packaging of IFB Response

3. Specifications

3.1 Eligible Bidders

3.2 Product/Service Specifications

3.3 Delivery

3.4 Security Procedures

3.5 Warranty (if commodity purchase)

4. Administrative Information

4.1 Method of Award

4.2 Price

4.3 Term of Contract

4.4 Method of Payment

4.5 Dispute Resolution

4.6 Contractor Responsibilities

4.7 Inspection of Books

4.8 OCFS Reserved Rights

4.9 Incurred Costs

4.10 Security, Nondisclosure, and Confidentiality Agreement

4.11 Omnibus Procurement Act

4.12 Executive Orders

4.13 Minority- and Women-owned Business Enterprises (MWBE) – Equal Employment Opportunity (EEO) - Requirements & Procedures

4.14 Service-Disabled Veteran-Owned Business (SDVOB)

4.15 Anti-Kickback Act

4.16 Contractor Responsibility

4.17 Multiagency Use

4.18 Contacts with Employees

4.19 Procurement Lobbying Act

4.20 Public Officers Law

4.21 Vendor Responsibility

4.22 Workers’ Compensation Law

4.23 New York State Sales and Compensating Use Taxes

4.24 Confidentiality and Required Awardee, Contractor, Employee, and Volunteer Background Checks

4.25 Consultant Disclosure Requirements

4.26 OCFS Procedure for Handling Debriefing Requests, Formal Protests, and Appeals

4.27 Standard Contract Language

4.28 Appendix A - Standard Clauses for NYS Contracts

4.29 State Finance Law §139-l; Statement on Sexual Harassment in Bids

5. Contract Documents

1. Introduction

1.1 Overview

The New York State (NYS) Office of Children and Family Services (OCFS) announces the release of this Invitation for Bids (IFB) to provide technical services related to water treatment at various OCFS Division of Juvenile Justice and Opportunity for Youth (DJJOY) facility water plants throughout the state.

OCFS is seeking NYS certified Water Treatment Operators (specifically Class “C” operators) to perform technical services and emergency/call back services related to water treatment to OCFS operated facilities throughout the state.

There are two separate geographical regions designated in this opportunity, and as a result, there will be up to two separate awards made. Responders may bid on one or both geographical regions. Each geographical region will consist of three facilities, as identified below:

Eastern Geographical Region: Western Geographical Region:

Brookwood Secure Center Industry Residential Center Goshen Secure Center MacCormick Secure Center Red Hook Residential Center Taberg Residential Center

The required technical services consist of system operation and maintenance in connection with water supply plants, systems, and infrastructure. Services must be performed in strict accordance with NYS Public Health Law Section 225, NYS Department of Health State regulations Title 10 State Sanitary Code

– Part 5-1, Public Water System, and as enforced by the respective local county department of health where each facility is located.

A Prevailing Rate Case Number (PRC# 2025004599 - Water Treatment Operators) has been assigned to the project by the NYS Department of Labor.

OCFS water plant operations, corresponding facilities, and facility locations where water treatment services are to be delivered include:

Eastern Geographical Region

• OCFS Brookwood Secure Center and Program Annex; located at 419

County Road 29, Claverack, NY 12513, Columbia County, NY 12513. This facility includes a C-Community water system, #NY1000238 and requires one certified Class “C” water treatment operator.

• OCFS Goshen Secure Center; located at 97 Cross Road, Goshen, NY 10924, Orange County, NY 10924. This facility includes a C-Community water system, #NY3503040 and requires one certified Class “C” water treatment operator.

https://www.health.ny.gov/regulations/public_health_law/section/225/ https://www.health.ny.gov/regulations/public_health_law/section/225/

• OCFS Red Hook Residential Center (aka Parker Training Academy);

located at Turkey Hill Road, Red Hook, Dutchess County, NY 12571.

This facility includes a C-Community water system, #NY1325003, and requires one certified Class “C” water treatment operator.

Western Geographical Region

• OCFS Industry Residential Center; located at 629 Rush-Scottsville Road, Rush, Monroe County, NY 12528. This facility includes a C- Community water system, #NY2701993 and requires one certified Class “C” water treatment operator.

• OCFS MacCormick Secure Center; located at 300 S Rd, Brooktondale, NY 14817, Tompkins County, NY 14817. This facility includes a C- Community water system, #NY5405797 and requires one certified Class “C” water treatment operator.

• OCFS Taberg Residential Center (aka Taberg-Annville); located at 10011 Taberg-Florence Road, Taberg, Oneida County, NY 14817. This facility includes a C-Community water system, #NY3210747 and requires one certified Class “C” water treatment operator.

Please refer to Attachment 5 - County Sampling Requirements per Facility.

Work performed by offeror’s designated employee or subcontractor shall be done consistent with prescribed standards by US Environment Protection Agency (EPA) and as outlined in Section 3.2.

1.2 Designated Contacts

In compliance with the Procurement Lobbying Law, from the issuance of this IFB until contractors are selected, all contacts with OCFS personnel concerning this IFB, except as otherwise specified herein, must be made via email (preferred) or hard copy mailed to:

New York State Office of Children and Family Services Attn: Bureau of Contract Management – Procurement Unit IFB 1185 NYS Certified Water Treatment Operator for Technical Services 52 Washington Street, Room 202 South Rensselaer, NY 12144.

Email: funding@ocfs.ny.gov. In both cases, please reference IFB 1185.

mailto:funding@ocfs.ny.gov

1.3 Calendar of Events

The table below outlines the schedule for important action dates.

EVENT DATE

IFB issued 5/22/2025

Deadline for submission of offerer questions 6/5/2025

Responses to questions published (on or about) 6/12/2025

Bid due date/Bid opening date 6/26/2025 by 4:00 PM Eastern Time

Anticipated Contract Start date No Earlier than 9/1/2025 and no later than 11/1/2025

1.4 IFB Questions and Clarifications

All questions regarding this IFB, including questions regarding the minimum qualifications and specifications, should be emailed to the designated contact identified in Section 1.2 Designated Contacts by the date and time indicated in Section 1.3 Calendar of Events. Questions submitted after the deadline indicated may not be answered. An offerer is strongly encouraged to submit questions as soon as possible. Answers to all questions of a substantive nature will be provided to all prospective offerers in the form of a question and answer document that will be posted to both the NYS Contract Reporter website (https://www.nyscr.ny.gov) and OCFS public website (https://ocfs.ny.gov/main/contracts/funding/) and will not identify the offerer asking the question.

2. Bid Submission

2.1 Instructions for Bid Submission

Only bids from offerers who furnish all required information and meet the mandatory requirements stated in Section 3 Specifications will be considered. Bidders must operate in accordance with all applicable laws, rules, and regulations.

All bids must be submitted electronically by email to funding@ocfs.ny.gov by the Bid Due Date and time set forth in Section

1.3 Calendar of Events. All bid documents must be sent as attachments as OCFS is unable to download any documents. The email subject line should include the following information: IFB 1185 NYS Certified Water Treatment https://www.nyscr.ny.gov/ https://ocfs.ny.gov/main/contracts/funding/ mailto:RFP@ocfs.ny.gov

Operator and Vendor Name. If bid requires files be sent in multiple emails, indicate the email number, e.g., 1 of 2. No facsimile or hard copy bids will be accepted. Bid submissions for this procurement should only contain bid proposals for this specific funding opportunity and bidders should submit only one bid proposal per submission email.

Bid proposals must be attached to the email in a manner that results in the electronic document(s) being transmitted with the email. The bid proposal must be received by OCFS secure email servers to be considered properly received. Clickable links to download the bid proposal and/or the use of third-party file hosting services are not permissible as the bidder’s email submission is not transmitting the electronic document(s) of the bid proposal to OCFS.

Email delivery or read receipts are recommended. OCFS will provide a confirmation email that the bid has been received including the number of attachments. Bidders are responsible for contacting OCFS prior to the deadline if confirmation has not been received.

Electronic bids must contain the information and bid submission formats and forms requested herein, or attached hereto, under the terms and conditions of this solicitation. Bids that cannot be read, require a password (locked), or are incomplete, or that contain any omissions, erasures, alterations, additions or items not required by the IFB, or that contain irregularities of any kind may be rejected. All costs associated with the preparation of a bid are the responsibility of the Bidders and cannot be charged to OCFS. Bidders may modify, in writing, the content of any bid at any time prior to the bid due date and time, however a complete re-submission of all bid documents is required. OCFS will not substitute sections of a bid. The email should state previous bid(s) submitted are withdrawn. If this is not clear in the email, OCFS will only consider the latest bid submitted for award. Bids may be withdrawn or canceled before the bid due date and time.

Contractors may not begin to provide services prior to the contract start date;

OCFS has no obligation to pay for services prior to that time. Payments cannot be made prior to the formal execution of a contract.

Offerers assume all risks for timely, properly submitted electronic bids.

LATE BIDS MAY BE REJECTED

Any bid, or portion of a bid if bid is submitted in multiple emails, that is received at the funding@ocfs.ny.gov email after the Bid Due Date & Time in Section

1.3 Calendar of Events will be considered a late bid. A late bid may be rejected and disqualified from award. However, a late bid may be accepted in the Commissioner’s sole discretion when:

mailto:RFP@ocfs.ny.gov

(i) no timely bids meeting the requirements of the solicitation are received; or

(ii) the offerer has demonstrated to the satisfaction of the Commissioner that the late bid was caused solely by factors outside the control of the offerer.

Note: The Commissioner is under no obligation to accept a late bid.

The basis for any determination to accept a late bid shall be documented in the procurement record.

FIRM OFFER

Bids must remain an effective offer, firm and irrevocable, for at least 180 calendar days from the due date, unless the time for awarding the contract is extended by mutual consent of OCFS and the offerer. A bid shall continue to remain an effective offer, firm and irrevocable, subsequent to the 180 calendar-day period until either tentative award of the contract(s), withdrawal of the procurement, or withdrawal of the bid in writing by the offerer.

OWNERSHIP OF IFB AND BIDS

This IFB remains the property of the State at all times, and all responses to this IFB, once delivered, become the property of the State.

2.2 Packaging of IFB Response

Required Contents of Bid Proposal

Please be aware that although bids must be submitted electronically, any required bid proposal document that requires a notarization must be obtained by the bidder and a copy of the notarized form submitted with the bid. The original hardcopy signature page must be kept by the bidder. If applicable, a hardcopy version of the notarized document must be supplied during the contract development stage by selected awardees if requested by OCFS.

All bid proposals must include the following:

• OCFS-0910, Request for Bid Form

• Attachment 1 – Bidder’s Certified Statements

• Attachment 2 – References

Attachments to this announcement are also available for download from The New York State Contract Reporter website at https://www.nyscr.ny.gov or the OCFS website at https://ocfs.ny.gov/main/contracts/funding/.

https://www.nyscr.ny.gov/ https://ocfs.ny.gov/main/contracts/funding/

The following documents should also be completed and provided in the bid, otherwise they will be required during the contract development process:

• OCFS-3460, MWBE Equal Employment Opportunity (EEO) Policy

Statement Form

• OCFS-2633, MacBride Fair Employment Principles Certification Form

• OCFS-2634, Non-Collusive Bidding Certification (Required by section

139d of State Finance Law).

• Vendor Responsibility Questionnaire (or proof of online VendRep certification. See Section 4.21 for more information)

• OCFS-2647, EO 177 Certification (See Section 4.12 for more information)

• OCFS-4821, CMS User Authorization

• OCFS-4822, Procurement Lobbying Act – Offerer Certification Form

• OCFS-4715, Confidentiality Non-Disclosure Agreement

• OCFS-4716, Contractor Employee and Volunteer Background Certification

For complete proposal and contract requirements for the Minority- and Women-owned Business Enterprises (MWBE) and Equal Employment Opportunity (EEO) requirements, refer to Section 4.13.

General Proposal Appearance

Bid proposal emails may be submitted containing either one singular document or multiple document attachments. Document file names are encouraged to be logical and make the attachment(s) easily identifiable. Please ensure all document attachments provided via email are complete, correct, viewable, and comply with the requirements of the IFB. Bidders must not upload password protected documents or secured documents. Documents that are incomplete or cannot be viewed may result in disqualification. Ensure all passwords are removed prior to submitting your bid proposal.

The fonts and margins used in the bid proposal should be reasonable. Twelve-point text using Arial, Times New Roman, or Calibri fonts are considered acceptable. Standard one-inch margins are recommended. It is permissible to use headers, footers, and page numbers inside the margins.

Please refer to Section 2.1 Instructions for Bid Submission and Section 1.3 Calendar of Events.

Documents Required After Bid Submission

During contract negotiations, awarded offerers will be required to submit the following, failure to comply may result in disqualification of bid proposal and OCFS would go to the next lowest bid:

https://ocfs.ny.gov/main/Forms/Contracts/OCFS-3460.docx https://ocfs.ny.gov/main/Forms/Contracts/OCFS-3460.docx https://ocfs.ny.gov/main/Forms/Contracts/OCFS-2633.dotx https://ocfs.ny.gov/main/Forms/Contracts/OCFS-2634.dotx https://www.nysenate.gov/legislation/laws/STF/139-D https://www.nysenate.gov/legislation/laws/STF/139-D https://www.osc.state.ny.us/state-vendors/vendrep/vendor-responsibility-forms https://ocfs.ny.gov/main/Forms/Contracts/OCFS-2647.docx https://ocfs.ny.gov/forms/omtv/OCFS-4821.docx https://ocfs.ny.gov/main/Forms/Contracts/OCFS-4822%20Procurement%20Lobbying%20Act%20-%20Offerer%20Certification%20Form.doc https://ocfs.ny.gov/forms/ocfs/OCFS-4715.pdf https://ocfs.ny.gov/main/Forms/Contracts/OCFS-4716%20Contractor%20Employee%20Background%20Certification.dot

• Proof of applicable NYS Water Treatment Certification(s) for each personnel or subcontractor personnel staff proposed to provide services at the identified Water Treatment Plants (WTP).

o certified Class “C” to cover all awarded facilities

• OCFS-4631, MWBE Utilization Plan Form

• SDVOB-100, SDVOB Utilization Plan

• OCFS-4629, Project Staffing Plan Form

• AC 3271-S, State Consultant Services – Contractor’s Planned

Employment (Form A)

• ST-220-TD, Contractor Certification

• ST-220-CA, Contractor Certification to Covered Agency

• Proof of workers’ compensation and disability benefits coverage or

Certificate of Attestation of Exemption from New York State Workers’ Compensation Board and/or disability benefits coverage

3. Specifications

Failure to meet the minimum requirements outlined in Section 3.1 may result in a bid being found non-responsive and eliminated from consideration.

3.1 Eligible Bidders

All eligible bidders must be organizations able to meet the following criteria at the time of bid submission:

• Agree to provide all required services outlined in Section 3.2 through

Section 3.5 for awarded facilities listed in this IFB.

• Employees and any applicable subcontractors must possess valid and current NYS certifications as water treatment operator(s) for Class “C” corresponding to the OCFS facilities water system classification to be assigned to perform technical services related to water treatment.

• Each bidding organization must have a minimum of 2 years of experience performing water treatment operations and maintenance services.

3.2 Product/Service Specifications

Routine services and tasks shall be performed between 7:00 AM – 4:00 PM

Eastern Time.

As the Primary Operator in charge, the successful responder(s) shall be responsible for and required to perform these tasks:

• Maintain facility water plant operations and preventative maintenance.

• Follow all operational sampling requirements established by the NYS

Department of Health.

https://ocfs.ny.gov/main/Forms/Contracts/OCFS-4631%20M-WBE%20Utilization%20Plan%20Form.dot https://ogs.ny.gov/sdvob-100-utilization-plan https://ocfs.ny.gov/forms/ocfs/OCFS-4629.docx https://ocfs.ny.gov/forms/ocfs/OCFS-3271.pdf https://ocfs.ny.gov/forms/ocfs/OCFS-3271.pdf https://www.tax.ny.gov/pdf/current_forms/st/st220td_fill_in.pdf https://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf https://www.wcb.ny.gov/content/main/Employers/lp_workers-compensation.jsp https://www.wcb.ny.gov/content/main/DisabilityBenefits/lp_disability-benefits.jsp

• Record all data, statics, and maintain sampling schedules as required by the NYS Department of Health.

• Inspection of water systems per NYS Department of Health requests.

• Maintain and tabulate all required monthly and annual operation reports

(see Attachment 3).

General Operator duties shall include:

• Operate and maintain the chlorination system.

• Conduct weekly site visits to every facility, collect monthly samples, and deliver those samples to laboratory.

• Complete the monthly operations reports.

• Prepare Annual Water Quality Reports for submission to the NYS

Department of Health.

• Attend meetings with regulatory agencies, as required.

• Check daily records and status logs, speak with facility staff, and advise/correct accordingly.

• Hold the lead role regarding assistance and direction in the daily operations of the water systems; including but not limited to booster stations, storage tanks and chlorination (disinfection) system.

• Operator will sign into facility logs when on site and is expected to report all issues regarding the system or its operations to the maintenance supervisor and to OCFS - Bureau of Capital Facilities as soon as possible.

Operator must submit, on a monthly basis, a signed Daily Water Treatment Log using Attachment 4, signed by the OCFS facility supervisor for acceptance and signature. Additionally, these signed logs shall also be submitted to OCFS Capital staff annually for every month services were provided.

DAILY MINIMUM TASKS for all Facilities:

• Check water reading and record water production.

• Check chemical solution tanks and record amounts used.

• Check and record water levels in storage tanks.

• Inspect chemical feed pumps.

• Check and record chlorine residual at the point of application (If automated for remote monitoring, record residual level).

• Inspect supply stock for chlorine and other treatments. Request additional treatment to replenish supply stock.

• Feed or connect additional treatment to dispensing equipment if treatment is low.

• Check and record chlorine residual in the distribution system (If automated for remote monitoring, record residual level).

• Inspect buster pump.

• Check and record fluoride concentration (if provided).

• Check well pump running times and pump cycle starts for well pumps or surface water withdrawal pumps (if applicable).

• Check instrumentation for proper signal input/output.

• Complete a daily security check.

• Inspect heater operations during winter months.

• Investigate customer complaints. Record threats or suspicious activity.

• The cost of additional sampling / laboratory testing as required by the NYS

Department of Health during this contract term.

• Complete, reproduce & distribute Daily Water Plant Performance Log for

Water Treatment Plant Operations & Maintenance using Attachment 4.

WEEKLY MINIMUM TASKS for all Facilities:

• Inspect chlorine and/or fluoride testing equipment.

• Clean pump house and grounds in the immediate surrounding area.

• Record pumping rate for each well or source water pump.

• Perform weekly security check.

• Flush the water system inside each building consistent with requirements in 10 CRR-NY Subparts 5.1 and 7.1.

MONTHLY MINIMUM TASKS for all Facilities:

• Check and record chlorine residual at the point of application and record residual level (Unless automated for remote monitoring).

• Inspect supply stock for chlorine and other treatments. Request additional treatment to replenish supply stock.

• Feed or connect additional treatment to dispensing equipment if treatment is low.

• Check and record chlorine residual in the distribution system (If not automated for remote monitoring, record residual level).

• Inspect buster pump.

• Perform residual testing for chlorine and/or fluoride (if applicable) at selected locations (inside the building) and record concentration.

• Check well pump running times and pump cycle starts for well pumps or surface water withdrawal pumps (if applicable).

• Flush the distribution system and exercise/check all fire hydrant valves as required under 10 CRR-NY Subparts 5.1 (Sep-2023).

• Check instrumentation for proper signal input/output.

• Complete a monthly security check.

• Complete, file, and distribute Monthly Report using Attachment 3.

BI-ANNUAL TASKS for all Facilities:

• Collect drinking water samples at locations consistent with facility plan in compliance with 10 NYCRR subpart_5-1.

• Send drinking water sample to NYS certified laboratory for water quality testing, analysis, and report.

• Complete, file, and distribute Bi-annual Report using Attachment 3.

• Receive, review, and distribute water quality report to OCFS designated work units for review and actionable items.

Annual Minimum Tasks for all Facilities (timeframes in parenthesis):

• Overhaul chemical feed pumps, including O-rings, check valves and diaphragms. (1st Monday in January)

• Inspect and clean chemical feed lines and solution tanks. (1st Monday in January, 1st Monday in April, 1st Monday in July, and 1st Monday in October)

• Calibrate chemical feed pumps after overhaul (1st Monday in January, 1st Monday in April, 1st Monday in July, and 1st Monday in October)

• Begin Safety Equipment Repair Log. Maintain log continuously throughout the year. (1st Week in January)

• Exercise mainline valves. (1st Monday in March)

• Operate all valves inside Treatment Plant and/or pump house. Maintain log continuously throughout the year. (1st Monday in January, 1st week in February, and 1st week in August)

• Review emergency response plans. (1st week in January)

• Inspect chemical safety equipment and repair or replace as needed. (1st week in January and 1st week in February).

• Inspect, clean and repair control panels in the treatment plant or pump house. (1st Monday in March)

• Inspect storage tanks for defects and sanitary deficiencies. (1st Monday in

May)

• Prepare demand forecast, identify and evaluate energy conservation measures, identify and evaluate distribution system leaks, establish water loss mitigation program and establish/update program/initiatives for water-efficient use and devices. (1st week in July)

• Exercise mainline valves that were deferred from in March. (1st Monday in September)

• Prepare system for winter operations. (Between the 1st week of October and 2nd week of November depending on local conditions)

• Review and decommission unnecessary equipment. (1st week of September)

• Request the facility procure the services of an electrician to check running amps on wells and pumps. (1st Monday in November)

• Complete, reproduce & distribute Annual Water Quality Report for Water Treatment Plant Operations & Maintenance (September 1st of each year) using Attachment 6.

Facility Specific Requirements as follows. Please be aware the below facility specific requirements are not broken out by geographical region:

Brookwood Secure Center and Industry Residential Center:

• Daily sampling is taken from point of entry, and after disinfection. This system is a booster system to maintain chlorine residual throughout. Note the specific DOH sampling schedule (Attachment 5) mandated for these systems.

Red Hook Residential Center/Parker Training Academy:

• Daily samples are collected from point of entry, after disinfection. The facility is under transition, therefore the population is below the minimum number of residents utilizing this drinking system to require NYS Department of Health testing. However, the continued monitoring of this water system is required as per Attachment 5.

Goshen Secure Center, Taberg Residential Center, and MacCormick Secure Center:

• Daily sampling is required at these facilities and is taken from point of entry after disinfection. In addition to daily water quality testing, the below list outlines more specific DOH testing requirements at these facilities.

• a) Coliform: From DOH established locations Monthly

• b) Nitrates: From DOH established locations Yearly

• c) Table 9C Test Series: From DOH Locations Yearly

• d) Lead/Copper & Sodium: From DOH locations Every Three Years

• e) Radon, Uranium, Radium

Refer to Attachment 5 for corresponding NY County Health Department testing requirements.

As the Primary Operator in charge, the successful responder(s) will be provided the following items from each facility; as required to perform these services:

• The cost of chemicals and/or materials needed to operate each facility within the guidelines of the NYS Department of Health.

• The material costs to provide any ongoing and routine maintenance to deliver requested services as required by NYS Department of Health during this contract term.

Emergency Repairs and/or Service Calls

There is required services for additional hours needed for emergency and/or service calls mandated by unforeseen circumstances regarding maintaining the water quality. This typically may also involve additional sampling and laboratory testing costs, above and beyond the “Normal” daily requirements or extended maintenance projects.

Emergency/call-back services shall be required for emergencies involving on-site troubleshooting to resolve technical issues and equipment malfunctions that may occur. These services shall be delivered on-site.

Each emergency/call-back occurrence will charge time on an hourly basis and will not exceed 240 annual hours per geographical region. Emergency/call back services may be required to be performed between the hours of 5:00 PM and 6:00 AM 7 days a week.

Subcontracting

Applicants may subcontract components of the scope of work up to 30% of their overall proposed bid to provide Water Treatment services. For those applicants that propose subcontracting, it is mandatory to identify subcontracting agencies and their staff who will perform these services during contract development. Applicants that plan to subcontract are expected to state in the application the specific components of the scope of work to be performed through subcontracts. Applicants should note that the lead organization (prime contractor) will have total responsibility for all contract activities, including those performed by subcontractors, and will be the primary contact for OCFS. The contractor agrees not to enter into any subcontracts, or revisions to subcontracts, that exceed $100,000 for the performance of the obligations contained herein until it has received the prior written permission of the State.

The State has the right to review and approve every subcontract that exceeds $100,000 before giving written permission to the Contractor to enter into the subcontract. All subcontractors must be approved by OCFS.

3.3 Delivery

Services for each certified water treatment plant are expected to be delivered on-site corresponding with each OCFS facility geographical regional location listed in Section 1.1 – Overview.

3.4 Security Procedures

Please note the delivery locations have security policies that must be followed.

Each DJJOY facility has slightly different security constraints which must be followed; the contractor will be required to cooperate with this mandate at each facility. The contractor will work with OCFS to obtain necessary clearances.

The contractor may be required to provide information such as, but not limited to, the company name, the employee’s name (as it appears on ID), valid driver license number, vehicle make, model and license plate, etc. to gain access to the delivery location.

3.5 Warranty (if commodity purchase)

Not Applicable.

4. Administrative Information

4.1 Method of Award

The bidder(s) submitting a bid in compliance with Section 2.0 Bid Submission, meeting requirements stated in Section 3.0 Specifications, passing vendor responsibility review, and offering the lowest overall total bid will be awarded per geographical region. OCFS reserves the right to request proof that the requirements of IFB Section 3.1 Eligible Bidders are met by the bidders as a condition of making an award. Further, OCFS reserves the right to contact references provided by bidders on their submitted Attachment 2 – References to verify bidders meet the minimum qualifications to bid.

If a tie bid results, the offeror with the most experience as an organization providing similar work will be selected as the winning bidder. If there is still a tie, the decision as to the winning bid will be made by the Commissioner in accordance with the State Finance Law §163(10)(a) and any policy stated in the IFB.

4.2 Price

Bid price must include all costs associated with providing and delivering the services as specified, including travel, licenses, insurance, administrative, customs, duties, wages of assigned Water Treatment Operator directly performing deliverable services, profit, and ancillary costs, and be net F.O.B.

destination.

There are two geographical regions, and three facilities located in each geographical region. Bidders must propose one monthly bid rate for each facility and one hourly rate for emergency/call back services, per geographical region. For awarded contract(s), OCFS will automatically add an annual 2% increase to the overall monthly bid rate and hourly bid rate, effective on the start date of the second year of the contract term and each subsequent year of the contract term.

4.3 Term of Contract

There are two geographical regions in this procurement, and responders may bid upon and be awarded for one or both geographical regions. It is the intention of the State to award one contract per geographical region. The contract will commence on or about the contract date as stated in Section 1.3, will continue for a period of five years, and is subject to approval by the New York State Office of the Attorney General (OAG), and Office of the State Comptroller (OSC). Contractor may not begin to provide services before the contract start date; OCFS has no obligation to pay for services rendered before that time. Payments cannot be made before the formal execution of a contract.

A copy of the terms and conditions of the contract are referenced in Section 4.27.

4.4 Method of Payment

Payments will be processed monthly following the completion of services and upon submittal of required documentation for services performed and/or a signed claim for payment form, as directed by OCFS in Appendix C-1 of the resulting contract.

4.5 Dispute Resolution

It is OCFS’s policy to provide vendors with an opportunity to administratively resolve disputes, complaints, or inquiries related to bid solicitations, contract awards, and contract administration. OCFS encourages vendors to seek resolution of disputes informally, through consultation with staff, before commencing a formal dispute process. All such matters will be accorded impartial and timely consideration. See Section 4.26 for additional information.

4.6 Contractor Responsibilities

The contractor shall be solely responsible for all compliance with terms and conditions in this IFB or any resulting contract. The contractor may not engage a subcontractor or dealer, distributor, reseller, or any other party to carry out any part of this contract without the prior written consent of OCFS. The contractor accepts full responsibility for the actions of any employee who carries out any of the provisions of any contract resulting from this IFB.

4.7 Inspection of Books

It is expressly understood and agreed OCFS and OSC shall have the right to inspect and audit the contractor’s records covered under this agreement, in accordance with his/her statutory responsibility to examine the books and accounts of every agency. OSC requires, and the contractor agrees to, the retention of all material pertinent to an audit of the operations under any purchase order resulting from this IFB for a full three-year period or contract resulting from this IFB for a full six-year period.

4.8 OCFS Reserved Rights

OCFS reserves the right to:

1. place a monetary cap on the funding amount made in each contract award;

2. change any of the schedule dates stated in this IFB;

3. reject any or all proposals received in response to the IFB;

4. withdraw the IFB at any time at the agency’s sole discretion;

5. make an award under the IFB in whole or in part;

6. disqualify any offerer whose conduct and/or proposal fails to conform to the

IFB’s requirements;

7. reject any proposal if, in the sole discretion of OCFS, it determines the offerer is not a responsible vendor;

8. seek clarification and revisions of proposals. Ask offerers to present supplemental information clarifying their proposals either in writing or by formal presentation. New information is not permitted;

9. require that offerers demonstrate, to the satisfaction of OCFS, any feature(s) present as a part of their proposal that may include an oral presentation of their proposal and may be considered in the evaluation of the proposal;

10. before opening bids, amend any part of this IFB with notification to all offerers, and direct all offerers to prepare modifications addressing IFB amendments, if necessary. Expenses incurred in the preparation of any proposals or modifications submitted in response to this IFB are the sole responsibility of the offerer or other party and will not be incurred by OCFS;

11. make funding decisions that maximize compliance with and address the outcomes identified in this IFB;

12. fund only one portion, or selected activities, of the selected offerer’s proposal and/or adopt all or part of the selected offerer’s proposal based on federal and state requirements;

13. eliminate any IFB requirements that cannot be met by all prospective offerers upon notice to all parties that submitted proposals;

14. waive procedural technicalities or modify minor irregularities in proposals received after notification to the offerer involved;

15. correct any arithmetic errors in any proposal or make typographical corrections to proposals with the concurrence of the offerer;

16. negotiate with the selected offerer(s) before contract award;

17. conduct contract negotiations or award a contract to the next highest offerer if contract negotiations with the selected offerer(s) cannot be accomplished within an acceptable time frame. No offerer will have any rights against OCFS arising from such actions;

18. award contracts to more than one offerer or to other than the lowest offerer;

19. require that all proposals be held valid for a minimum of 180 days from the closing date for receipt of proposals, unless otherwise expressly provided for in writing;

20. fund any or all the proposals received in response to this IFB. However, issuance of this IFB does not commit OCFS to fund any proposals. OCFS can reject any proposals submitted and reserves the right to withdraw or postpone this IFB without notice and without liability to any offerer or other party for expenses incurred in the preparation of any proposals submitted in response to this IFB and may exercise these rights at any time;

21. use the proposal submitted in response to this IFB as part of an approved contract. At the time of contract development, awardees may be asked to provide additional budget and program information for the final contract;

22. use any or all ideas submitted in the proposals received;

23. require clarification at any time during the procurement process and/or require correction of arithmetic or other apparent errors for the purpose of assuring a full and complete understanding of an offerer’s proposal and/or to determine an offerer’s compliance with the requirements of the solicitation;

24. make additional awards based on the remaining proposals submitted in response to this IFB and/or provide additional funding to awardees if such funds become available;

25. make inquiries of third parties, including but not limited to offerers references regarding the applicants’ experience or other matters deemed relevant to the proposal by OCFS. By submitting a proposal in response to this IFB, the applicant gives its consent to any inquiry made by OCFS;

26. require contractors to participate in a formal evaluation of the program to be developed by OCFS. Contractors may be required to collect data for these purposes. The evaluation design will maintain confidentiality of participants and recognize practical constraints of collecting this kind of information;

27. consider statewide distribution and regional distribution within New York City, including borough distribution methodology, in evaluating proposals;

28. rescind awards for failure of awardees to meet required time frames for contract development and/or signature;

29. cancel this IFB, in whole or in part, at any time and to reject any or all bids when appropriate in the best interests of the State;

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

31. reject any extraneous terms, alternate activities/work to be performed, added conditions, or exceptions stated by applicants within their proposal(s). This includes, but is not limited to, proposed changes to the standard terms and conditions of the resulting contract(s).

4.9 Incurred Costs

The State of New York shall not be liable for any costs incurred by an offerer in the preparation and production of a proposal or for the contractor’s participation in any pre-contract award activity. The State of New York shall not be liable for any cost incurred by the contractor in preparation for or before the approval of an executed contract by the OSC.

4.10 Security, Nondisclosure, and Confidentiality Agreement

The content of each offerer’s proposal will be held in strict confidence by the State during the bid evaluation process and will not be disclosed except to the evaluation panels, and to the New York State Office of the Attorney General and OSC, as may be necessary, to obtain their approvals for the final contract, and except as required by law. The successful offerer’s proposal and a copy of the specifications will be made a part of the contract.

Public inspection of a proposal is regulated by the Freedom of Information Law (Article 6 of the New York Public Officer’s Law, or FOIL). Proposals are presumptively available for public inspection. If this would be unacceptable to offerers, they should apply to the New York State Division of Budget (DOB) for trade secret protection for their bid.

Confidential, trade secret, or proprietary materials as defined by the laws of the State of New York must be clearly marked and identified upon submission by the offerer. Marking the bid as “confidential” or “proprietary” on its face or in the document header or footer is not sufficient without specific justification as to why disclosure of particular information in the bid would cause substantial injury to the competitive position of the offerer.

Offerers/contractors intending to seek an exemption from disclosure of these materials under the FOIL must request the exemption in writing, explaining the reasons for the claimed exemption. Acceptance of the claimed materials does not constitute a determination on the exemption request, which will be made in accordance with statutory procedures.

The Public Officers’ Code of Ethics (Section 74 of the Public Officers Law) sets the standard that no officer or employee of a state agency shall disclose confidential information he/she acquires during his/her official duties. These standards control the confidentiality of an offerer’s proposal unless DOB grants a petition for records access in accordance with FOIL.

Offerers should be advised the confidentiality of their proposals is founded upon statute, as described above. A nondisclosure agreement, whether prescribed by DOB or the offerer, would not alter the rights and responsibilities of either party under FOIL. Offerers should not propose a nondisclosure agreement for DOB employees, as that is legally ineffective to alter any responsibility under FOIL or the Code of Ethics.

The provisions of FOIL will also govern the confidentiality of all products or services supplied by the successful offerer.

Please see Content of Proposals for the Confidentiality Non-Disclosure Agreement (OCFS-4715), which each contractor or subcontractor, employee of a contractor or subcontractor, and volunteer with a contractor or subcontractor is required to sign.

4.11 Omnibus Procurement Act

It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including Minority- and Women-owned https://dos.ny.gov/coog/foil2.html https://legethics.ny.gov/public-officers-law-section-74-code-ethics

Business Enterprises (MWBE) and SDVOB as offerers, subcontractors, and suppliers on its procurement contracts.

Information on the availability of New York State-certified subcontractors and suppliers is available on the internet at Empire State Development (ny.gov) and Office of General Services (ny.gov).

For additional information and assistance, contact:

New York State Department of Economic Development Division for Small Business Albany, New York 12245 Telephone: 518-292-5100 Fax: 518-292-5884 Email: opa@esd.ny.gov

Directories of New York State-certified MWBE/SDVOB are available from:

New York State Department of Economic Development Division of Minority and Women's Business Development 633 Third Avenue New York, New York 10017 Telephone: 212-803-2414 Email: mwbecertification@esd.ny.gov https://ny.newnycontracts.com

Division of Service-Disabled Veterans’ Business Development 32nd Floor, Corning Tower Empire State Plaza Albany, New York 12242 Telephone: 518-474-2015 Email: VeteransDevelopment@ogs.ny.gov https://sdves.ogs.ny.gov/business-search

NOTE: Companies requesting lists of potential subcontractors and suppliers are encouraged to utilize the National Institute of Governmental Purchasing (NIGP), North American Industry Classification System (NAICS), and Standard Industrial Classification (SIC) to identify the codes, size, and location of vendors and services to assist in searches of the NYSCS and OGS directories.

The Omnibus Procurement Act of 1992 requires that by signing a bid proposal, contractors certify that whenever the total offer amount is greater than $1 million:

1. the contractor has made reasonable efforts to encourage the participation of New York State business enterprises as suppliers and subcontractors on https://ny.newnycontracts.com/ https://online.ogs.ny.gov/SDVOB/search mailto:opa@esd.ny.gov mailto:mwbecertification@esd.ny.gov https://ny.newnycontracts.com/ mailto:VeteransDevelopment@ogs.ny.gov https://www.thruway.ny.gov/business/purchasing/nigp/index.html https://www.thruway.ny.gov/business/purchasing/nigp/index.html https://www.naics.com/search/ https://siccode.com/sic-code-lookup-directory https://siccode.com/sic-code-lookup-directory this project and has retained the documentation of these efforts to be provided upon request to the State;

2. the contractor has documented their efforts to encourage the participation of New York State business enterprises as suppliers and subcontractors by showing that they have done the following:

• Solicited offers, in a timely and adequate manner, from NYS Empire

State Development (ESD) business enterprises, including certified MWBE; or

• Contacted ESD to obtain listings of NYS business enterprises and MWBE; or

• Placed notices for subcontractors and suppliers in newspapers, journals or other trade publications distributed in New York State; or

• Participated in offerer outreach conferences.

If the contractor determines NYS business enterprises are not available to participate on the contract as subcontractors or suppliers, the contractor shall provide a statement indicating the method used to determine this.

If the contractor does not intend to use subcontractors, the contractor shall provide a statement verifying such.

3. the contractor has complied with the federal Equal Opportunity Act of 1972 (P.L. 92-961), as amended;

4. the contractor will be required to notify New York State residents of employment opportunities through listing any such positions with the Community Services Division of the New York State Department of Labor, providing for such notification in a manner consistent with existing collective bargaining contracts or agreements. The agency agrees to document these efforts and to provide said documentation to OCFS upon request;

5. offerers located in a foreign country are notified that the State may assign or otherwise transfer offset credits to third parties located in New York State, and the offerers shall be obligated to cooperate with the State in all respects in making such assignment or transfer, including, but not limited to, executing all documents deemed by the State to be necessary or desirable to effectuate such assignment or transfer, and using their best efforts to obtain the recognition and accession to such assignment or transfer by any applicable foreign government; and

6. offerers are hereby notified that State agencies and authorities are prohibited from entering into contracts with businesses whose principal place of business is in a “discriminatory jurisdiction.” This is defined as a state or political subdivision that employs a preference or price distorting mechanism to the detriment of or otherwise discriminates against a New York State business enterprise in the procurement of commodities and services by the same or a non-governmental entity influenced by the same.

A list of discriminatory jurisdictions is maintained by the Commissioner of New York State Empire State Development.

4.12 Executive Orders

Executive Order No. 14, dated February 27, 2022, requires State agencies to terminate any contracts and to refrain from entering into any new contracts with an institution or company determined to be a Russian or Russia supporting entity.

Executive Order No. 16, dated March 17, 2022, requires State agencies to refrain from entering into any new contract or renewing any existing contract with an entity conducting business operations in Russia.

Executive Orders 14 and 16 include the following definitions:

o “Russian entity” means an institution or company headquartered in Russia or has its principal place of business in Russia.

o “Supporting entity” means any institution or company providing assistance to the Russian government in its campaign to invade the sovereign country of Ukraine, either through in-kind support or for-profit.

o “Entity conducting business operations in Russia” means an institution or company, wherever located, conducting any commercial activity in Russia or transacting business with the Russian Government or with commercial entities headquartered in Russia or with their principal place of business in Russia in the form of contracting, sales, purchasing, investment, or any business partnership.

By submission of a response to this solicitation the offerer certifies the offerer:

a. is not a Russian or Russia supporting entity, as those terms are defined in the Executive Order No. 14 (dated February 27, 2022).

b. is not an entity conducting business operations in Russia, as those terms are defined in the Executive Order No. No. 16 (dated March 17, 2022).

Executive Order 177, dated February 3, 2018, directs New York State agencies and authorities not to enter into any contracts with entities that have institutional policies or practices that fail to address the harassment and discrimination of individuals on the basis of their age, race, creed, color, national origin, sex, sexual orientation, gender identity, disability, marital status, military status, or other protected basis. The contractor must provide the EO 177 certification statement before any award being made by OCFS.

4.13 Minority- and Women-owned Business Enterprises…