IFB 168030, SEM with EDS Capabilities, Re-bid, responses due 8.26.26.pdf

IFB # 168030 Schottky Type Scanning Electron Microscope (FE-SEM) with Energy Dispersive Spectroscopy (EDS) Capabilities

Alfred University-State

Invitation For Bid

SECTION 1: SUMMARY INFORMATION FORM

IFB #: 168030

IFB Title: Schottky Type Scanning Electron Microscope (FE-SEM) with Energy Dispersive Spectroscopy (EDS) Capabilities

IFB Release Date:

Electronic copies of this IFB are available at www.nyscr.ny.gov

Key Events Notice published in the NYS Contract Reporter (online publication) & Issuance of IFB documents

Monday, August 3, 2026

Deadline for Written Questions and Requests for Clarification Monday, August 10, 2026 by 3PM Issuance of Official Responses to Written Questions and Requests for Clarification Monday, August 17, 2026 by 3PM Deadline for Responses (Any bid received after the deadline will not be considered)

Wednesday, August 26, 2026 by 3PM

Anticipated Notification of Intent to Award to Successful Bidder Friday, September 4, 2026 Anticipated Contract Start Date TBD 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.

Designated Contacts 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 following designated contacts only. Failure to adhere to the NYS Finance Law can result in disqualification of your bid.

Primary Contact Melissa Badeau, Director of Procurement Services Alfred University 1 Saxon Drive Alfred, NY 14802 (607)871-2914 badeau@alfred.edu

Secondary Contact Valerie Ewald, Senior Buyer Alfred University 1 Saxon Drive Alfred, NY 14802 (607)871-2955 ewald@alfred.edu

Bidder Information Legal Business Name: Federal Tax Identification Number:

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

Street Address: City/State: Zip Code:

Are prices quoted the same or lower than that quoted to other corporations, institutions or governmental agencies for similar services and/or like equipment or supplies? ☐ Yes ☐ No If no, explain:

Are you a NYS resident business ☐ Yes ☐ No Total number of people employed by firm: Total number of people employed by firm in NYS:

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 submitting a bid, place an “x” in the box and return this page only. We are unable to bid at this time because:

By signing this form, bidder certifies adherence to requirements set forth in Section 8.5, Non-Collusive Bidding Certification.

Bidder’s Signature (original): Title:

Printed Name: Date:

IFB # 168030 Schottky Type Scanning Electron Microscope (FE-SEM) with Energy Dispersive Spectroscopy (EDS) Capabilities

Summary Information Form

Bidder Written Questions and Requests for Clarifications All questions must be submitted through the Bidnet Direct platform by no later than the time and date indicated on the Summary Information Form, Page 1. All questions must be submitted, citing the particular IFB page, section, and paragraph numbers where applicable.

Responses to all questions submitted by the deadline will be sent out as an addendum via Bidnet Direct, with no vendor identifying information included by the date indicated on the Summary Information Form. Only written answers through the Bidnet Direct Platform are official.

Deadline for Bid Submission Submittals must be submitted through the Bidnet Direct system by no later than Wednesday, August 26, 2026 by 3PM. Bid submittals will not be allowed after that deadline.

Bid Opening Bids may, as applicable, be opened publicly and SUNY reserves the right at any time to postpone or cancel a public bid opening.

Section 2: Overview Purpose: The New York State College of Ceramics at Alfred University (NYSCC) is soliciting bids for a Schottky type Scanning Electron Microscope (FE-SEM) with Energy Dispersive Spectroscopy (EDS) capabilities. The SEM will be used to characterize microstructures, fracture surfaces, powders, and elemental compositions of materials. The optional Electron Backscatter Diffraction will aid in grain size analysis, phase analysis and determining any texturing (grain orientation) of material samples. This SEM/EDS will support graduate students in their education and research of glass, ceramic and metallic materials with some limited use on certain polymers used in biomaterial work.

2.1 Mandatory Specifications

Electron Source

Schottky field emission gun Accelerating voltage range (e.g., ≤ 0.5 kV to 30 kV) Beam current range (e.g., ≤10 pA to ≥ 50 nA)

Resolution

High-vacuum resolution o ≤1 nm at 20 or 30 kV, ≤3 nm at 1 kV

Low-vacuum or variable pressure modes o ≤ 4 nm

Magnification range ≤ 60x to ≥300000x

Imaging & Detectors

Everhart-Thornley SE detector Backscattered electron (BSE) detector CCD chamber camera Signal mixing / detection modes Optional detectors o In-lens or through-the-lens (TTL) SE detector o LV-BSE detector o Gaseous secondary electron detector

Stage

Travel range (min X/Y: 50×50 mm, Z: 40 mm) Tilt range (e.g., −4° to +70°) Sample size allowed o At least 50 mm x 50 mm x 30 mm

IFB # 168030 Schottky Type Scanning Electron Microscope (FE-SEM) with Energy Dispersive Spectroscopy (EDS) Capabilities

Vacuum System Column vacuum level (e.g., <5×10⁻⁷ Pa) Variable pressure / low-vacuum range (e.g., up to 150 Pa or higher)

EDS

Silicon Drift Detector (~20–80 mm² or larger) Energy resolution ≤130–140 eV at Mn Kα (5.9 keV) High count rate capability Light element detection (down to B or lower) Spot, line scan, and full spectral mapping Quantitative analysis software Additional port for other systems (EBSD)

Chiller Request water to air chiller for SEM chiller – This will connect to an already installed water to water chiller to older unit

Installation

Misc. Systems

Necessary software and hardware for SEM operation Necessary software and hardware for EDS operation

2.2 Options: Please provide option costs for the following add-ons:

EBSD System including necessary software UPS system

2.3 Method of Award

This IFB is part of a competitive procurement process designed to serve the best interests of the Alfred University and the People of the State of New York, and provides vendors with a fair opportunity for their product/services to be considered. Alfred University will conduct a comprehensive review of bids submitted in accordance with the terms of this event.

Bidders must submit all information required by SUNY. Bids must be complete, accurate, and in the form prescribed. Omissions, inaccuracies or misstatements may be sufficient cause for the rejection of a bid. The award shall be made by issuance of an award notice. SUNY contracts may be subject to approval by the New York State Attorney General and the Office of the State Comptroller.

Award will be made on the basis of lowest cost to the vendor that meets all mandatory qualifications and technical requirements and is deemed responsive and responsible.

Administrative Review Phase: Each bid received by the due date and time will be screened for completeness and conformance with requirements for submission as set forth in this event. Bids found unresponsive after the Administrative Review will be deemed inadequate and will not be considered further.

SUNY Reserved Rights SUNY Reserves the right to:

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

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

3. Withdraw the solicitation 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 fail to conform to the requirements of the solicitation.

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

7. Prior to the deadline for receipt of bids, amend the solicitation specifications to correct errors of oversights, or to supply

IFB # 168030 Schottky Type Scanning Electron Microscope (FE-SEM) with Energy Dispersive Spectroscopy (EDS) Capabilities 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 statements and credit reports.

9. Request references and to contact any or all references.

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

11. Advise the successful bidder of an objectionable employee(s) and/or subcontractor(s).

12. Waive minor irregularities.

13. Waive requirements or amend this solicitation upon notification to all bidders. Mandatory requirements may be eliminated if unmet by all bidders.

14. Negotiate with bidders responding to this solicitation within the requirements necessary to serve the best interests of SUNY.

15. Begin contract negotiations with another bidder in order to serve the best interests of SUNY, in the event SUNY is unsuccessful in negotiating a contract with the successful bidder within an acceptable time frame.

16. Request clarifications from bidders for purposes of assuring a full understanding of responsiveness.

17. Permit revisions from all bidders determined to be susceptible to being selected for contract award, prior to award.

18. Award no contract.

2.4 Bid Submission

Bidders must complete the Attachment B: Invitation for Bid Submission Form. No modifications may be made to this form. As the Invitation for Bid Submission Form is an integral component of the bid, Bidders must take particular care to ensure the form is completed in accordance with the instructions and information provided below.

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

Items: Price shall be in accordance with the items listed or on the Invitation for Bid Submission Form, if provided. No other charges, other than those listed in the items or on the Invitation for Bid Submission Form shall be allowable under the agreement.

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

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

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

Quote Hold: The submission of a bid constitutes a non-revocable, binding offer to perform and provide said services. Such binding offer shall be firm and not revocable for a period of sixty (60) from event close date. Subsequent to such sixty (60) days, the bid is subject to withdrawal communicated in writing and signed by the Bidder.

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

Timeliness of Payment and Interest: Timeliness of payment and interest to be paid to the Successful Bidder for late payment shall be governed by Section 179g of New York State Finance Law.

2.6 Other Bid Requirements

Vendor Responsibility New York State Procurement Law requires that state agencies award contracts only to responsible contractors. Additionally, the Comptroller must be satisfied that a proposed contractor is responsible before approving a contract award under Section 112 of the State Finance Law. Section 163 of the State Finance Law requires that contracts for services and commodities be awarded on the basis of lowest price or best value “to a responsive and responsible offerer.” Section 163 (9) f of the SFL requires that prior to making a contract award, each contracting agency shall make a determination of responsibility of the proposed contractor. In accordance with these procurement laws, SUNY will conduct an affirmative review of vendor responsibility for all organizations or firms with which it conducts business.

Bidders and all proposed subcontractors who may receive more than $100,000 over the life of the contract are required to file the Vendor Responsibility Questionnaire online via the New York State VendRep System or may choose to complete and submit a paper

IFB # 168030 Schottky Type Scanning Electron Microscope (FE-SEM) with Energy Dispersive Spectroscopy (EDS) Capabilities questionnaire. To enroll in and use the VendRep System, see the VendRep System Instructions available at www.osc.state.ny.us/vendrep or go directly to the VendRep System online at https://portal.osc.state.ny.us. For direct 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.

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

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

Each Bidder shall submit with its bid/bid a written affirmation of its understanding of SUNY’s procurement lobbying procedures and agreement to comply with such procedures. The requisite form is provided at www.osc.state.ny.us/vndrep.

Non-Collusive Bidding Certification By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, under penalty of perjury, that to the best of his/her knowledge and belief:

1) The prices of this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor;

2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.Section 3: Bid Submission Format

3.1 Bid Submission Checklist

The following is a checklist of items required to respond to this IFB. Failure to include any part of the required format may result in a rejection. Submission of a response signifies that the bidder accepts and understands the terms and conditions specified in this IFB.

Status Form Name Bid Submission Requirement Location

☐ Summary Information Form

The Bidder must sign and return this form with their response. IFB, Section 1

☐ Invitation for Bid Form Invitation for Bid Submission Form Bidders must not modify this form.

Attachment B

☐ Vendor Responsibility The Bidder, must file either the required Vendor Responsibility Questionnaire online via the New York State VendRep System or complete and submit a paper questionnaire. See www.osc.state.ny.us/vendrep.

Online

IFB # 168030 Schottky Type Scanning Electron Microscope (FE-SEM) with Energy Dispersive Spectroscopy (EDS) Capabilities

☐ Procurement Lobbying Act Certification

A complete copy of SUNY’s Procurement Lobbying Policy and Procedure and its accompanying forms is available for review at http://www.suny.edu/sunypp/documents.cfm?doc_id=430

SFL 139J-K

☐ Sexual Harassment Prevention Certification

State Finance Law § 139-l requires bidders/contractors on state procurements to certify that they have a written policy addressing sexual harassment prevention in the workplace and provide annual sexual harassment training (that meets the Department of Labor’s model policy and training standards) to all its employees.

SFL 139-L

☐ Gender Based Violence and the Workplace Certification

New York State Finance Law §139-M requires bidders on competitive state procurements to certify that they have a written policy addressing gender-based violence and the workplace.

SFL 139-M

☐ List of Exemptions List any and all exceptions to this IFB on a separate sheet of paper. Include page number, section and reason for exception.

3.2 Bid Submission Guidelines

1. Article XI of NYS Finance Law: SUNY shall receive bids pursuant to the provisions of Article XI of the State Finance Law. All bids and accompanying documentation shall become the property of the SUNY and shall not be returned.

2. Bid Protest Procedures: Bidders wishing to file a bid protest may do so in accordance with SUNY’s procedures, available at http://www.suny.edu/sunypp/documents.cfm?doc_id=699.

3. 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.

4. Confidentiality/Freedom of Information Law: All bids submitted for SUNY's consideration will be held in confidence and will become the property of SUNY. 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 (find contact information for FOIL Officers here: https://www.suny.edu/contact/foil/campus-foil-officers/), 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.

5. 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.

6. Contract Award: Receipt of this event 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 method of award and criteria set forth in this event. The Successful Bidder will be notified by SUNY by telephone and confirmed by letter.

7. Encouraging Use of New York State Businesses: New York State businesses have a substantial presence in SUNY 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, Bidders are strongly encouraged and expected to consider New York State businesses in the fulfillment of the requirements of the contract. Such partnering may be as subcontractors, suppliers, protégés or other supporting roles.

Bidders need to be aware that to the maximum extent practical and consistent with legal requirements, they are strongly encouraged to use responsible and responsive New York State businesses in purchasing commodities that are of equal quality and functionality and in utilizing services and technology.

Utilizing New York State businesses in SUNY contracts will help create more private sector jobs, rebuild New York’s infrastructure, and maximize economic activity to the mutual benefit of the contractor and its New York State business

IFB # 168030 Schottky Type Scanning Electron Microscope (FE-SEM) with Energy Dispersive Spectroscopy (EDS) Capabilities partners. New York State businesses will promote the contractor’s optimal performance under this contract, thereby fully benefiting the public sector programs that are supported by associated procurements.

Public procurements can drive and improve the State’s economic engine through promotion of the use of New York businesses by its contractors. The SUNY therefore expects Bidders to provide maximum assistance to New York businesses in their use of the contract. The potential participation by all kinds of New York businesses will deliver great value to New York State and its taxpayers.

8. Acceptance of IFB Content: The terms and conditions included in this IFB, as well as the applicable portions of Bidder’s response shall become contractual obligations if a contract is awarded with the exception of permitted extraneous terms as described under Extraneous Terms. BIDDER’S FAILURE TO ACCEPT THESE TERMS AND CONDITIONS AND

OBLIGATIONS SHALL RESULT IN REJECTION OF BIDDER’S SUBMISSION.

9. Extraneous Terms: Bids must conform to the terms set forth in this event. 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. 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.

Only those extraneous terms that meet all the following requirements may be considered as having been submitted as part of the bid:

a. Each proposed extraneous term (addition, deletion, counter-offer, deviation, or modification) must be specifically enumerated in a writing which is not part of a pre-printed form; and

b. The writing must identify the particular specification requirement (if any) that Bidder rejects or proposes to modify by inclusion of the extraneous term; and

c. The Bidder shall enumerate the proposed addition, counter offer, modification or deviation from the Bid Document, and the reasons therefore.

No extraneous term(s), whether or not deemed “material,” shall be incorporated into a Contract or Purchase Order unless submitted in accordance with the above and the Chancellor or her designee expressly accepts each such term(s) in writing.

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

10. Free and Open Competition: SUNY encourages free and open competition. Whenever possible, terms, specifications, and conditions are designed to accomplish this objective, consistent with the necessity to satisfy the SUNY’s needs.

11. Late Bids: A bid must be received by the event close date listed on the summary tab, if Bidder chooses to not submit bid in the bid system, date and time set forth on the Summary Information form. A late bid is one that is not received at the location, date and time specified in this event. Any Bid received at the specified location after the time specified in this event 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 event are received, or; (ii) in the case of a multiple award, an insufficient number of timely bids were received to satisfy the multiple award; (iii) and acceptance of the late bid is in the best interest of SUNY. Delays in United States mail deliveries or any other means of transmittal, including couriers or agents of SUNY shall not excuse late bid submissions. Similar types of delays, including but not limited to, bad weather, or security procedures for parking and building admittance shall not excuse late bid submissions. Determinations relative to bid timeliness shall be at the sole discretion of the SUNY Chancellor or her designee.

12. Notification of Errors, Inquiries, and Interpretation: A Bidder is responsible to bring to SUNY’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 event If SUNY in its discretion finds the deviations to be significant so as to require a change in the necessary specifications for the work, SUNY 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 SUNY.

13. Post Award Procedures, Debriefing, and Protests: Bidders who responded to this event 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 writing within 15 calendar days of such notice. The 15 day period starts once unsuccessful Bidders are notified.

Upon a Bidder’s request for a debriefing:

IFB # 168030 Schottky Type Scanning Electron Microscope (FE-SEM) with Energy Dispersive Spectroscopy (EDS) Capabilities

a. SUNY will schedule the debriefing within a reasonable time of such request.

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

c. Bidders’ written request must state whether the Bidder will be attending with counsel, to allow SUNY to arrange for

SUNY counsel attendance if so determined.

d. The debriefings will cover, but not limited to the following:

e. The reason why the bid was unsuccessful.

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

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

h. 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 bid.

i. To the extent practicable, general advice and guidance on the ways the Bidder can improve future submission(s) or be more responsive.

14. Services Outside the Scope of the Contract Awarded: SUNY shall not be responsible for any services provided by the Successful Bidder that are outside the scope of the contract awarded. SUNY 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 SUNY.

15. Single Bid: More than one bid from an individual, firm, partnership, corporation or association under the same or different names will not be considered. Reasonable grounds for believing that a Bidder is interested in more than one submission for the same work will cause the rejection of all bids in which such Bidders are believed to be interested.

Section 4: Contract Terms and Conditions

The following will be incorporated into all agreements resulting from this bid solicitation process:

1. Contract Entirety/Order of Precedence: The following documents will be incorporated into, and made part of, the contract:

Exhibit A, State University of New York Standard Contract Clauses

This solicitation/agreement

The Contractor’s bid and pricing submission

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.

Any contract awarded resulting from this solicitation shall include Exhibit A (State University of New York Standard Contract Clauses). The provisions of Exhibit A shall take precedence over any provision in this solicitation or any provisions in the contract awarded. These clauses relate to, among other things, assignment of the contract, availability of funds, non-discrimination, affirmative action, non-collusion, and worker’s compensation, and are attached to this solicitation.

2. Compliance with Law: Contractor 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.

3. Compliance with NYS Consulting Services Reporting Requirements: State Finance Law sections 8 and 163 requires that contractors annually report certain employment information to the contracting agency, the Department of Civil Service (DCS) and Office of the State Comptroller (OSC). State contractors are required to disclose, by employment category, the number of persons employed to provide services under a contract for consulting services, the number of hours worked and the amount paid to the contractor by the State as compensation for work performed by these employees. This will include information on any persons working under any subcontracts with the State contractor.

IFB # 168030 Schottky Type Scanning Electron Microscope (FE-SEM) with Energy Dispersive Spectroscopy (EDS) Capabilities

4. Contract Amendments: The agreement may be revised at any time upon mutual consent of the parties in writing. Such written consent will not be effective until signed by both parties and, if required by New York State law, approved by the Attorney General and the Office of the State Comptroller.

Changes to the contract must be by written change order from SUNY to make changes within the general scope of the contract.

The Contractor and SUNY shall come to a mutual agreement, and together will determine if any additional charge apply. Once there is an agreement, a written amendment to the contract will be required. If work is started before approval is granted, SUNY is not liable for payments on work rendered.

5. Contractor Identification: At all times all contractors(s) and subcontractor personnel shall be required to wear an identity tag clearly identifying them as being an employee or agent of the Contractor when on SUNY premises.

6. Delinquent Payables: The Contractor shall have the right, without prejudice to its other legal or equitable remedies, to suspend performance of any of its obligations to a specific SUNY Institution without liability to the SUNY System if a SUNY Institution becomes greater than sixty (60) days delinquent in its payables to the Contractor. The status of an individual SUNY Institution for payment delinquency shall not affect the remaining SUNY Institutions.

7. Diesel Emissions Reduction Act of 2006 (the "Act"): The Contractor certifies and warrants that all heavy duty vehicles, as defined in New York State Environmental Conservation Law (ECL) section 19-0323, to be used by the Contractor, its Agents or Subcontractors under the Contract awarded, will comply with the specifications and provisions of ECL section 19-0323 and any regulations promulgated pursuant thereto, which requires the use of Best Available Retrofit Technology (“BART”) and Ultra Low Sulfur Fuel (“ULSD”), unless specifically waived by DEC. Qualification for a waiver under this law will be the responsibility of the Contractor. Annually, but no later than March 1st, Contractor shall complete and submit directly to the University, via electronic mail, the Regulated Entity Vehicle Inventory Form and Regulated Entity and Contractors Annual Report forms at the Department of Environmental Conservation (“DEC”) website:

http://www.dec.ny.gov/chemical/4754.html for heavy duty vehicles used in the performance of the Contract awarded for the preceding calendar year. The Contractor shall certify to the University, and submit with each application for payment, Contractor and Subcontractor Certification forms, which state that the Contractor will comply with the provisions of ECL Section 19.0323.

8. E0177: Discrimination Against New Yorkers: In accordance with Executive Order No. 177, the Contractor certifies that it does not 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 status under the Article 15 of the Executive Law, the New York State Human Rights Law.

9. Electronic Payment Authorization: The Contractor shall provide complete and accurate billing invoices to SUNY in order to receive payment for its services. Billing invoices submitted to the SUNY must contain all information and supporting documentation required by SUNY and OSC. Payment for invoices submitted by the Contractor 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. The Contractor shall comply with the OSC procedures to authorize payments. Authorization forms are available at the OSC website at www.osc.state.ny.us/epay, by email at epunit@osc.state.ny.us or by telephone at 518-474-4032, acknowledges that it will not receive payment on any invoices submitted under this contract if it does not comply with the OSC’s electronic payment procedures, except where the Vice Chancellor or designee has expressly authorized payment by paper check as set forth above.

10. Equipment Title: Title to the equipment shall pass to SUNY upon acceptance of the system by SUNY.

11. Force Majeure: Neither party will be liable for losses, defaults or damages which result from delays in performing, or inability to

IFB # 168030 Schottky Type Scanning Electron Microscope (FE-SEM) with Energy Dispersive Spectroscopy (EDS) Capabilities perform, all or any of the obligations or responsibilities imposed upon it in any contract resulting from this event Invitation for bid because of acts of God, the public enemy, acts of government, earthquakes, floods, typhoon, civil strife, fire or other causes beyond the reasonable control of the party so delayed in or so unable to perform, provided that such party was not negligent and shall have used reasonable efforts to avoid and overcome such cause. Such party will resume full performance of such obligations and responsibilities promptly upon removal of any such cause.

12. Governing Laws: The laws of New York State will govern this solicitation and resulting contract without regard for New York

State’s choice of law statute. The parties agree to bring any action to construe, interpret or enforce this Agreement in a court of competent jurisdiction in New York State. The Contractor agrees to submit itself to such court’s jurisdiction.

If applicable, the Contractor shall provide all necessary safeguards for safety and protection as set forth by the United States Department of Labor, Occupational Safety and Health Administration.

13. Indemnification:

Contractor: The Contractor shall fully indemnify, defend and hold harmless SUNY and its respective officers, agents and employees without limitation, from suits, actions, damages and costs of every name and description arising out of the acts or omissions of the Contractor 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 SUNY shall give Contractor: (a) prompt written notice of any action, claim, or threat of infringement suit, or other suit, promptness of which, shall be established by SUNY upon the furnishing of written notice and verified receipt, b) the opportunity to take over, settle or defend such action, claim or suit at Contractor’s sole expense, and (c) assistance in the defense of any such action is at the expense of the Contractor. Where a dispute or claim arises relative to a real or anticipated infringement, SUNY may require the Contractor, at its sole expense, to submit such information and documentation, including formal patent attorney opinions, as the university 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.

SUNY: Subject to the availability of lawful appropriations (pursuant to New York State Finance Law and consistent with Section 8 of the New York Court of Claims Act), SUNY will hold the Contractor harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of SUNY or of its officers or employees when acting within the course and scope of their employment.

14. Independent Contractor: The Contractor and its agents or employees or any entity or person acting on behalf of the Contractor engaged in the performance of work shall at all times be deemed to be performing as an independent contractor and hereby covenants and agrees to act in accordance with that status. The Contractor and its agents or employees or any entity or person acting on behalf of the Contractor neither hold themselves out as, nor claim to be, officers or employees of SUNY 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.

15. Liability: The Contractor understands and agrees that it is responsible for the performance of the Services in accordance with the terms and conditions of the awarded Contract. SUNY may look solely to the Contractor for remedy, redress, liability or indemnification for any failure to perform, whether caused by Contractor 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 Contractor in providing the Services. The Contractor 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 University, SUNY and the State of New York from suits, actions, damages and costs of every name and description presented, brought, or recovered against SUNY and the State of New York for, or on account of any liability which may be incurred by reason of the Contractor’s performance of this Agreement.

The Contractor will be responsible for the work, direction and compensation of any person or entity it engages as an officer, expert, employee, consultant, agent, independent contractor, or subcontractor. Nothing in the contract awarded or the

IFB # 168030 Schottky Type Scanning Electron Microscope (FE-SEM) with Energy Dispersive Spectroscopy (EDS) Capabilities performance thereof by the Contractor will impose any liability or duty whatsoever on the university 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.

16. Office of Federal Contract Compliance Programs: The Contractor 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 contractors and subcontractors to employ and advance in employment qualified protected veterans and individuals with disabilities.

17. Parking Permits: The Contractor and its employees shall be required to follow all of the rules and regulations of SUNY, including parking regulations. Parking violations are subject to fines and are the sole responsibility of the Contractor. All vehicles are required to be registered with SUNY. Parking violations are subject to fines and are the sole responsibility of the Contractor.

18. Piggybacking: Other New York State organizations may piggyback on the resultant contract with prior written approvals provided by the Contractor, SUNY, and, if applicable, NYS Office of General Services (OGS).

19. Public Announcements: Public announcements or news releases regarding this event or any subsequent award of a contract must not be made by any Contractor without the prior written approval of SUNY.

20. Recycling Program Requirements: In accordance with the provisions of Section 165(3) of the State Finance Law and Executive Order No. 142, SUNY is required to purchase recycled products, if available, made with recycled content in accordance with rules and regulations established by the State Department of Environmental Conservation in development of that agency’s Recycling Emblems Program. If the cost of a recycled product does not exceed by 10% the cost of a product made without recycled content

(or by 15% if over 50% of the recycled materials are generated from the New York State waste stream), the recycled product must be purchased.

21. Restrictions on the Activities of Current and Former State Officers and Employees: All Bidders and bidder employees must be aware of and comply with the requirements of the New York State Public Officers Law, all other appropriate provisions of New York State Law and all resultant codes, rules and regulations from State laws establishing the standards for business and professional activities of State employees and governing the conduct of employees of firms, associations and corporations in business with the State. The Contractor and their employees are cautioned that the hiring of former state employees may violate the Ethics Law. The governing provisions are set forth in the New York State Public Officers Law §§ 73 and 74, and the underlying principle of law is to prevent conflicts of interest and encourage ethical behavior. The law may be found on the following website: http://www.jcope.ny.gov/about/laws_regulations.html.

22. Review and Audit: SUNY reserves the right to conduct periodic reviews of pricing to ensure compliance. All accounts, reports, files, and other records related to this contract shall be subject at all reasonable times to inspected and audit by SUNY or their agents during the term of this contract and for seven (7) years thereafter. Throughout the term of the contract, SUNY reserved the right to conduct inspections of the Contractor’s facilities at any reasonable time.

23. Sales Reports: Upon written request by SUNY, the Contractor shall furnish reports of detailed sales transactions including, but not limited to the following: Campus, Product Number (or SKU), Product Description, Manufacturer, quantity purchased, unit price and total dollar volume of purchases. If applicable, the Contractor must be able to separately report Core List and Non-Core List purchases.

24. Smoke Free SUNY: SUNY campuses are smoke free. There will be no smoking within the buildings or on the grounds owned or leased by SUNY. The Contractor must communicate this policy to its employees, subcontractors, and any other individuals assigned to enter upon SUNY grounds and premises in connection with the services to be performed in connection with the contract awarded.

25. Statement of Self Retention: The General Liability exposures of the State of New York as well as those of State Agencies are self

IFB # 168030 Schottky Type Scanning Electron Microscope (FE-SEM) with Energy Dispersive Spectroscopy (EDS) Capabilities retained. Suits for bodily injury and property damage are brought in the NY State Court of Claims, which is supported by a multi-million dollar annual appropriation.

Employees are protected against suits under Public Officers Law Section 17 for actions or alleged actions that occur while they are acting within the scope of their employment.

The New York State Office of General Services Bureau of Risk and Insurance Management office administers the program on behalf of the State of New York. Inquiries should be directed to:

Office of General Services | Bureau of Risk and Insurance Management W. Averell Harriman State Office Building Campus Building 18 Albany, NY 12226

(518) 474-4725

26. Termination: The contract awarded to the Successful Bidder may be terminated by SUNY for any of the following reasons:

a. Convenience of SUNY: The Contract may be terminated at any time upon receipt of thirty (30) days prior written notice given by SUNY for whatever reason.

b. Event of default: The contract may be terminated in the event of breach of any of its provisions by the Contractor, or if the Contractor’s Services are deemed unsatisfactory in SUNY’s sole discretion, due to Contractor’s fault or negligence, or that of its officers, employees, subcontractors, agents, licensees, licensors, or affiliates. In such event, SUNY will send a written cure notice in accordance with the Notice provisions of the contract, and the Contractor shall have thirty (30) days to correct the deficiencies noted. If the deficiencies are not corrected, SUNY may terminate this contract immediately upon written notice.

c. Deficient Certifications: If the awarded contract has a value greater than $15,000, SUNY shall have the right to terminate in the event the State Finance Law sections 139-j and 139-k certifications executed by the Contractor are found to be false or incomplete. If the contract has a value of greater than $100,000 and Contractor’s sales for the immediately preceding four quarters were greater than $300,000, or if the contract has a value of $125,000 or greater, the University shall have the right to terminate in the event the Contractor’s Department of Taxation and Finance Contractor Certification form, ST 220-CA, statements are found to be false or incomplete.

d. Lack of Funds: If for any reason the State of New York terminates or reduces its appropriations to SUNY, the awarded contract may be terminated or reduced at SUNY’s discretion, provided that no such reduction or termination shall apply to allowable costs already incurred by the Contractor where funds are available to SUNY for payment of such costs. In any event, no liability shall be incurred by the State (including SUNY) beyond monies available for the purposes of the awarded contract.

e. SUNY may terminate the awarded contract, upon written notice, in the event of any of the following: (1) The Contractor makes an assignment for the benefit of creditors; (ii) a petition in bankruptcy or any insolvency proceeding is filed by or against the Contractor and is not dismissed within thirty (30) days from the date of filing; or (iii) all or substantially all of Contractor’s property is levied upon or sold in any judicial proceeding.

27. Vendor Responsibility:

a. General Responsibility. The Contractor shall at all times during the contract awarded term remain responsible. The Contractor 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,…