IFB 25-35 - Biological Confocal Microscope.docx

Biological Confocal Microscope Invitation for Bids (IFB) # 25-35 (General Goods and Services)

Deadline for submissions:

07/21/2026, 3:00 pm EST

Designated Contact:

Michaela Costello Procurement Assistant

(315) 792-7293 bids@sunypoly.edu

Version 03092020

Table of Contents of Contents

Summary Information Form

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

Key Events

Bid Due Date and Time (Any bids received after the deadline will not be considered) 07/21/2026, 3:00 pm EST

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

Contact Information

Primary Contact:

Michaela Costello Procurement Assistant

(315) 792-7293 bids@sunypoly.edu

Restricted Period

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

Bidder Information

If applicable, place an “x” in the appropriate box: (check all that apply) ☐ Small Business (if checked, provide # of employees ____) ☐ Disabled Veteran Owned Business ☐ Minority Owned Business (NYS Certified) ☐ Women Owned Business (NYS Certified)

If you are not bidding, place an “x” in the box and return this page only. ☐ We are unable to bid at this time because:

By signing this form, Bidder acknowledges (a) that the IFB instructions are understood; (b) that the Bidder is committed to servicing SUNY’s needs in the required time period; and (c) that all information required by this IFB has been included in Bidder’s sealed bid.

Overview This Invitation for Bids (IFB) is issued by the State University of New York (herein after referred to as “SUNY”) to solicit bids for a Biological Confocal Microscope for SUNY Poly’s Biomaterials Lab. Award will be made to the lowest responsive bid from a bidder SUNY, in its sole discretion, deems responsible and qualified.

The results of this IFB will be used to award a 1‑year contract, with an option to renew for one additional 3‑year term, to a qualified Bidder offering the lowest responsible cost.

Background Section 3.1: University Background The State University of New York (“SUNY”) is the largest comprehensive public university system in the United States, educating more than 400,000 students in more than 7,500 degree and certificate programs on 64 individual campuses with nearly 3 million alumni around the globe. Enrollments are detailed as follows:

· 13 University Centers and Doctoral Degree Granting Institutions offering academic programs through the doctoral level; each enroll between under 1,000 to over 19,000 undergraduate students;

· 13 University Colleges offering academic programs through master’s level; each enrolls between 3,700 to over 9,000 undergraduate students;

· 8 University Colleges of Technology offering academic programs through master’s level; each enroll between 1,600 and 6,000 undergraduate students; and

· 30 community colleges offering academic programs through the associate’s level; each enrolls between 1,700 to over 26,000 undergraduate students. The SUNY Research Foundation works with the academic and business leadership of campuses to support research and discovery at SUNY through efficient and skillful administration of sponsored projects and adept transfer and sharing of intellectual property for public benefit and economic growth.

SUNY is committed to reducing administrative costs, maximizing efficiencies and increasing the amount of resources allocated to academics and student services. As part of this commitment, SUNY is collaboratively sourcing and streamlining procurement efforts. Bidders doing business with SUNY will also benefit from this streamlined procurement approach, as it saves the time and effort of responding individually to separate campuses and managing multiple agreements.

Section 3.2: Project Description This Biological Confocal Microscope helps to establish SUNY Poly as a leading institution in teaching, research and innovation in advanced additive manufacturing. It comes at a time when SUNY Poly is expanding its post-graduate programs and workforce development, that will be hands on and research intensive.

Systems will be homogeneous with standardized software/hardware, installation services, and a written certification sign‑off verifying full operational status and functional safety devices upon installation at SUNY Poly’s Utica campus.

Bidder Qualifications Minimum Bidder Qualifications A contract will be awarded only to a responsible, responsive and qualified Bidder, in a financial position to do the work specified. Bids will be accepted only from Bidders meeting the following minimum qualifications:

· Relevant Experience: The Bidder must meet the following criteria:

· Minimum ten (10) years of experience manufacturing/supplying of Digital and Optical Microscopes Technologies.

· Authorized by the OEM (if a dealer) to sell, deliver, install, and support the quoted equipment in the United States.

· Bidder must be well versed in software design and have a professional service organization that can provide on-site Installation, Testing, Repair of these systems.

· Affirm you meet the required experience.

· Service Requirements:

· Professional service organization capable of onsite installation, testing, repair, and training with factorycertified personnel.

· Ability to provide onsite service within five (5) business days of a service request and to honor warranty requirements.

· Compliance, Certifications, and Safety Requirements:

· Provide all relevant certifications required for installation, service, and support of the proposed solution.

· Bidder must provide all applicable U.S. safety certifications (e.g., UL/NRTL). CE‑only certification is not acceptable at SUNY.

· Bidder must provide acceptable NRTL documentation.

· Equipment must meet OSHA requirements; formal certification documents are subject to SUNY Engineering approval prior to acceptance.

· Bidder must provide a required Pass/Fail Narrative including:

· Company History;

· Executive Background;

· List of all applicable business certifications;

· Capacity to meet all stated specifications and qualifications;

· Provide at least three U.S. installation references within the past five years in support of the required experience. The references should demonstrate the Bidder’s ability with projects similar in scope, size and nature of this IFB.;

· Financial stability; and

· Proof of insurance required for on-site work.

· Bidder must meet all requirements set forth in the detailed specifications.

· By submitting a proposal, the bidder acknowledges and certifies that their product, service, and/or solution fully complies with every technical, functional, operational, and performance specification outlined in this solicitation. Failure to meet any specification—whether major or minor—will be grounds for disqualification.

· The issuing agency reserves the right to:

· Verify compliance with all specifications

· Request documentation or evidence supporting compliance

· Reject any proposal that is incomplete, non‑responsive, or does not strictly meet the stated requirements

· Only bidders who can demonstrate full conformance with the specifications will be considered for award.

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

· All correspondence, bid documents, training/service manuals, and certifications provided in American English and United States currency.

SUNY reserves the right to contact client references to validate experience and the scope and quality of work. The Bidder is solely responsible for providing contact information for clients that are readily available to be contacted and will respond to questions. If SUNY is unable to contact a client, the Bidder will be provided one opportunity, with a deadline, to assist in obtaining cooperation from those clients that have not responded.

In response to this section complete and submit Attachment 6, Bidder Qualifications Submission Form.

Detailed Specifications Biological Confocal Microscope

1. General: Biological Confocal Microscope with high-speed imaging

2. Scanner

i. scanners – hybrid, Galvanometer scanner, Resonant scanner

ii. high-speed imaging – 300 - 400 frames per second, fast dynamic imaging, 8192 × 8192 pixels (8K)

iii. Pixel dwell times ≤ 0.2 µs

iv. Spectral Confocal Detectors

v. Six channels or more

vi. Detectable wavelength range 400 nm –1000 nm

vii. Temperature: ≤ 0°C to 40°C

3. Laser – at least 6 lasers

i. VIS laser - 405 nm - 640 nm

ii. NIR laser - 685 nm - 850 nm

iii. High dynamic range photon counting – vendor specify

4. Objectives: at least 6 – 4X – 100X

5. Motorized stage - yes

6. Florescence imaging - yes

7. High dynamic range photon counting - 1G cps, 16-bit or more

8. Computer system

9. Monitor – 4K, 32”

10. Accessories I. Air table

11. Options:

i. The list of essential spares and consumables required for the trouble-free operation of the complete system and its requirement for at least 5 years should be quoted. The cost of spares/consumables prevailing on the date of bidding with shelf life should be quoted.

Scope of Services, Site and Timeline

· Bidder provides: written installation checklist; all requested hardware equipment; software; written manuals in the American‑English language; safety certifications; installation services; operational validation; and written sign‑off that equipment is fully operational and safe to use at completion of installation (required before final payment is made to Awarded Vendor).

· Location of services: SUNY Polytechnic Institute, Donavan Hall, Digital Prototyping Lab (Utica campus).

· Utilities/Integration: connection to SUNY Poly AC power bus.

· Timelines: bidders shall state delivery to Donavan Hall, installation start/completion dates, on‑site training schedule, and any critical path milestones. Note: Timelines assume SUNY has electrical power in place to plug in or hook a wire whip where applicable for the Supplied equipment.

Delivery, Installation and Training Requirements

· FOB Destination, inside delivery; remove all packing materials after installation.

· Building access limitation: equipment must pass through an 84" × 108" doorway.

· Successful bidder to provide qualified employees to install, setup, software load, validate operation and sign off on safe operational status of new; SUNY Facilities will manage building electrical work only.

· It is important to note that while a SUNY Poly employee may be present to monitor the project, it is required that the successful bidder provide all unpacking of the received equipment, formal equipment installation services and required tools to install the equipment.

· SUNY Poly has a loading dock for receiving equipment, forklifts, hand lifts and will move the pallets, boxes or equipment into the lab before installation begins.

· A SUNY Poly Staff Electrician will oversee the hookup to the SUNY Poly power connections to assist the successful bidder.

· Onsite training: minimum of two (2) full days covering operation, maintenance, and safety.

Warranty and Support

· Minimum one (1) year full warranty (parts, labor, travel) from acceptance; include preventive maintenance schedule and service response commitment.

· Quote optional extended warranty of three (3) additional years.

Cost Proposal Form Complete Attachment X: Cost Proposal Form. No modifications may be made to the Cost Proposal Form and Bidders are encouraged to seek clarification. Modifications to the Cost Proposal Form may result in disqualification.

· Items: Price shall be in accordance with the items listed or on the Cost Proposal Form, if provided. No other charges, other than those listed in the items or on the Cost Proposal Form shall be allowable under the agreement.

· Cost Adjustments: Adjustments (increase/decrease) of annual costs for the resulting contract shall not exceed inflation guidelines as established by the nationally accepted consumer price index (CPI) for each year. The specific inflation level will be based on the average CPI percentage for the twelve (12) month period ending ninety (90) days prior to contract renewal date. The approval document for this contract will be: U.S. Department of Labor Consumer Price Index, Northeast Urban, all Items.

· FOB: Price shall be FOB (Free on Board) Destination, Freight Prepaid. Price must include all shipping and handling costs.

· 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.

· Prevailing Wage: Bidder agrees that their bid shall be submitted with the requirement that all wages paid to the workers shall be no less than the minimum prescribed by the New York State Department of Labor for the specific crafts used in the area where the work is performed. The NYS prevailing wage rate schedule is PRC# 2026006597 and is included in these specifications. See https://labor.ny.gov/workerprotection/publicwork/PWContents.shtm.

· 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 goods and services. Such binding offer shall be firm and not revocable for a period of ninety (90) days from event close date. Subsequent to such ninety (90) 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.

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

Key Events Bidder Questions If a Question and Answer period is provided for this solicitation, the schedule will be shown on the Summary Information Form, “Key Events,” provided on the first page of this IFB. All questions must be submitted in writing, citing the particular IFB page, section, and paragraph numbers where applicable. Bidders should make best efforts to ensure all questions are submitted via email to the Designated Contacts no later than the time listed in the Key Events table in Section 1, Summary Information Form as questions received after the closing date for inquiries may not be responded to prior to the bid due date. Only written answers are official. All Questions and Answers will be issued as addenda to this IFB and will be provided in writing to all potential Bidders.

It is the responsibility of the Bidder to inquire about any requirement of this event that is not understood.

SUNY will not be bound by oral responses to inquiries or written responses other than addenda.

Bid Opening SUNY reserves the right to not hold a public bid opening or at any time to postpone or cancel a scheduled bid opening. In the event a public bid opening is scheduled, Bidders will be notified.

Method of Award

Evaluation Process This IFB is part of a competitive procurement process designed to serve the best interests of the State University of New York and the People of the State of New York. It is also designed to provide all Bidders with a fair and even opportunity to have their products and services considered. SUNY will conduct a comprehensive review of each responsive bid submitted in accordance with the terms of this IFB. Bids will be evaluated on the basis of “lowest cost to a qualified, responsive, and responsible bidder” by SUNY representatives, and shall be conducted in the following steps:

1. Administrative Review Each bid received by the due date and time will be screened for completeness and conformance of submission in accordance with Section 9, Bid Submission Requirements.

2. Minimum Bidder Qualifications Review Each bid remaining after Administrative Review will advance to the evaluation committee to review responses for a determination of whether the Bidder has met the Minimum Bidder Qualifications.

Information provided in the bid will be used to validate Minimum Bidder Qualifications and SUNY reserves the right to contact client references to validate required experience. If review of response and reference checks determine the Bidder does not meet Minimum Bidder Qualifications, the bid will be deemed non-responsive and will not be considered further.

3. Cost Proposal Form Evaluation The Cost Proposal Forms of each bid remaining after the Minimum Bidder Qualifications Review will be evaluated and awarded based on lowest cost to a qualified, responsive, and responsible bidder.

4. Finalist Review In accordance with Section 163 (9) f of the NYS Finance Law, prior to making a contract award each contracting agency shall make a determination of responsibility of the proposed Contractor as discussed in Section 8.1,Vendor Responsibility. SUNY will conduct a review of vendor responsibility for the lowest qualified Bidder meeting the specifications outlined in this IFB, and any proposed subcontractors. SUNY will consider any information that raises issues concerning the vendor’s responsibility, with consideration given to its relevance to the specifications. The review will include factors such as financial and organizational capacity, legal authority, integrity and previous contract performance.

Reserved Rights SUNY reserves the right to:

1. Award will be made to the lowest responsive bid from a bidder SUNY, in its sole discretion, deems responsible and qualified.

2. In the instance of a tie, the lowest bidders will be contacted via email for best and final offers until a low bid is established.

3. Reject any and all bids received in response to this IFB, make a contract award in whole or in part.

4. Make no contract award.

5. Award to multiple vendors.

6. Make partial awards.

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

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

9. Disqualify any Bidder whose conduct or bid fails to conform to the requirements of the IFB.

10. 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 IFB.

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

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

13. Request references and contact any or all references and perform other related due diligence.

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

15. Waive requirements or amend this IFB upon notification to all Bidders. Mandatory requirements may be eliminated if unmet by all Bidders.

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

17. Begin contract negotiations with another Bidder in order to serve the best interests of SUNY should contract negotiations with the Successful Bidder be unsuccessful within a time frame acceptable to SUNY.

18. Require clarifications from Bidders for purposes of assuring a full understanding of responsiveness, and permit revisions from all Bidders determined to be susceptible to contract award prior to award.

Bid Submission Requirements

A Bidder’s sealed bid shall address the Bidder’s ability and methodology for providing SUNY with the requested goods. To be deemed “responsive” to this IFB, a Bidder must meet all mandatory requirements and qualifications and its written bid must address all points and questions appearing in this IFB. In the event a Bidder’s bid is determined by SUNY to be “non-responsive,” SUNY may disqualify the bid. A disqualified bid will not be further evaluated or considered for contract award. To facilitate SUNY’s review of bids, Bidders must address all points and questions that appear in this IFB, and should do so in the order that they appear. Responses should be labeled to correspond to the numbers/letters of the sections and subsections of this IFB.

Bidders must adhere to the Exhibit D, SUNY Proposal Submission Guidelines when submitting a bid in response to this bid event.

Bid Format

1. Prepare a clearly readable bid that includes all required information.

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

3. Indicate any deviations from the technical specifications and if necessary, attach separate documents and/or explanation.

4. Bid Packages:

a. Bids should be submitted in sealed packages clearly labeled on the exterior addressed to the SUNY Primary contact, with the IFB number and title. Bids not labeled as instructed risk being opened prior to the bid opening date, which may result in the bid being rejected. All bids and accompanying documentation shall become the property of SUNY and shall not be returned.

5. No telephone, facsimile, emailed or otherwise electronically submitted bids will be accepted unless explicitly allowed in the IFB.

6. The bid must be fully and properly executed by an authorized person. By signing, you certify (i) your express authority to sign on behalf of yourself, your company, or other entity; (ii) your full knowledge and acceptance of contents of this IFB, Exhibit A (State University of New York Standard Contract Clauses), Exhibit A-1 (State University of New York Affirmative Action Clauses), State Finance Law §139-j and §139-k (Procurement Lobbying Certification); and (iii) that all information provided is complete, true and accurate. By signing you further affirm that you understand and agree to comply with the procedures on permissible contacts relating to this procurement as required by State Finance Law §139-j (3) and §139-j (6) (b). These procedures may be accessed at Procurement Lobbying: http://www.ogs.state.ny.us/aboutOgs/regulations/defaultAdvisoryCouncil.html.

7. Submit one (1) electronic copy of your bid to bids@sunypoly.edu. Bids must be received by the due date and time and to the primary contact provided on the Summary Information Form. Bidders mailing their bids must allow sufficient time to ensure receipt by the due date and time. Bidders are cautioned that even when using a trackable mailing/courier/messenger service, bids must be received by the due date and time. While bids may be signed for by personnel at SUNY prior to the due date and time, this does not guarantee that the identified office will receive the bid by the due date and time.

8. Late Bids For purposes of Bid openings, a bid must be received at the contact’s address as set forth in the Summary Information Form on or before the bid due date as set forth in the Summary Information Form. A Late Bid is one that is not received at the location, date and time specified in this IFB. Any Bid received at the specified location after the time specified in this IFB will be considered a Late Bid. A Late Bid shall not be considered for award unless: (i) no timely bids meeting the requirements of this IFB are received, or; (ii) in the case of a multiple award, an insufficient number of timely bids were received to satisfy the multiple award; (iii) and acceptance of the Late Bid is in the best interest of SUNY. 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.

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

10. 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 one-hundred eighty (180) days from the proposal due date. After one-hundred eighty (180) days, the proposal may remain in effect, subject to withdrawal communicated in writing signed by the Bidder. If this IFB is for the sale of goods pursuant to §2-205 of New York State Uniform Commercial Code, the proposal shall be firm, binding and not revocable for a period of ninety (90) days from proposal due date.

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

12. Each copy of the bid must be accompanied by the documents listed in Attachment 1, Bid Submission Checklist.

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

In response to this section, Bidders and all proposed subcontractors who may receive more than $100,000 over the life of the contract are required to file the required Vendor Responsibility Questionnaire online via the New York State VendRep System or may choose to complete and submit a paper questionnaire. To enroll in and use the VendRep System, see the VendRep System Instructions on the Office of State Comptroller (OSC) website, available at: www.osc.state.ny.us/vendrep or go directly to the VendRep System online at https://portal.osc.state.ny.us. For VendRep System user assistance, the OSC Help Desk may be reached at 866-370-4672 or 518-408-4672 or by email at helpdesk@osc.state.ny.us. Bidders opting to file a paper questionnaire may obtain the appropriate questionnaire from the VendRep website www.osc.state.ny.us/vendrep or may contact SUNY System Administration for a copy of the paper form.

Procurement Lobbying Act – State Finance Law §§ 139-j and 139-k 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 procedures regarding Contacts and their reporting, review and investigation. SUNY’s procurement record must demonstrate compliance with these procedures. A determination that a Bidder or a person acting on behalf of a Bidder has intentionally made a Contact or provided inaccurate or incomplete information as to its past compliance with State Finance Law §§139-j and 139-k, is likely to result in denial of the award of contract under this 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

In response to this section, complete and submit Attachment 4, Procurement Lobbying Act Certification.

Non-Collusive Bidding Certification In response to this section, complete and submit a completed Attachment 5, Non-collusive Bidding Certification.

Executive Order 162 (EO 162) Governor Cuomo’s Executive Order 162 requires state contractors to disclose data on the gender, race, ethnicity, job title, and salary of employees performing work on state contracts.

Bidder agrees to submit Workforce Utilization Report (Form 7557-110) and to require the same information to be submitted by any of their subcontractors on the state contract, in such format as shall be required by SUNY on a monthly basis for all construction contracts and quarterly basis for all other contracts during the term of the contract. Empire State Development has provided specific details on this requirement at https://esd.ny.gov/doing-business-ny/mwbe/mwbe-executive-order-162.

Executive Order 177 (EO 177) The New York State Human Rights Law, Article 15 of the Executive Law, prohibits discrimination and harassment based on age, race, creed, color, national origin, sex, sexual orientation, gender identity, disability, marital status, military status, or other protected status. The Human Rights Law may also require reasonable accommodation for persons with disabilities and pregnancy-related conditions. A reasonable accommodation is an adjustment to a job or work environment that enables a person with a disability to perform the essential functions of a job in a reasonable manner. The Human Rights Law may also require reasonable accommodation in employment on the basis of Sabbath observance or religious practices. Generally, the Human Rights Law applies to: (i) all employers of four or more people, employment agencies, labor organizations and apprenticeship training programs in all instances of discrimination or harassment; (ii) employers with fewer than four employees in all cases involving sexual harassment; and (iii) any employer of domestic workers in cases involving sexual harassment or harassment based on gender, race, religion or national origin.

In accordance with Executive Order No. 177, prior to contract award, selected Awardee must submit a certification that at it does not have institutional policies or practices that fail to address harassment and discrimination as described above. SUNY is electing to obtain the certification with the bid documents to avoid unnecessary delay in the contract award process.

In response to this section, complete and submit Attachment 2, NYS Human Rights Law Executive Order 177 Certification.

New York State Finance Law § 139-l Certification Pursuant to N.Y. State Finance Law § 139-l, every bid made on or after January 1, 2019 to the State or any public department or agency thereof, where competitive bidding is required by statute, rule or regulation, for work or services performed or to be performed or goods sold or to be sold, and where otherwise required by such public department or agency, shall contain a certification that the Bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of N.Y. State Labor Law § 201-g.

N.Y. State Labor Law § 201-g provides requirements for such policy and training and directs the Department of Labor, in consultation with the Division of Human Rights, to create and publish a model sexual harassment prevention guidance document, sexual harassment prevention policy and sexual harassment prevention training program that employers may utilize to meet the requirements of N.Y. State Labor Law § 201-g. The model sexual harassment prevention policy, model sexual harassment training materials, and further guidance for employers, can be found online at the following URL: https://www.ny.gov/combating-sexual-harassment-workplace/employers.

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

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

In response to this section, complete and submit Attachment 3, New York State Finance Law § 139-l Certification.

Subcontracting Bidders choosing to utilize the services of subcontractors partners, joint venturers or other third parties to meet the scope of services set forth in this IFB, must provide detailed information as part of their bid. Bidders must comply with the SUNY subcontracting contractual terms as set forth in Section 23, General contract Terms and Conditions, attached and incorporated into this IFB as Exhibit B.

In response to this section, bidders must complete and submit Attachment 7: Proposed Subcontractor Information Submission Form, for each proposed subcontractor. Additionally, proposed subcontractors must file the required Vendor Responsibility Questionnaire as set forth in Section 10.1, when applicable. Bidders are encouraged to utilize NYS firms, as set forth in Exhibit D, Proposal Submission Guidelines.

General Insurance Requirements During the term of the awarded contract, the Successful Bidder (Contractor) must obtain and maintain insurance coverage at its own expense as provided in this paragraph, and shall deliver Certificates of Insurance in a form satisfactory to SUNY before commencing any work under this contract. Certificates shall reference the Contract Number. Certificates of Insurance must indicate the applicable deductible/self-insured retention on each policy. Certificates shall be mailed to: SUNY Polytechnic Institute, Attn: Briana Ford, 100 Seymour Road, Utica, NY 13502.

The policies of insurance set forth below shall be written by companies authorized by the New York Department of Financial Services to issue insurance in the state of New York (“admitted” carriers) with an A.M. Best company rating of “A-” or better. Unless otherwise agreed, policies shall be written so as to include a provision that the policy will not be canceled, materially changed, or not renewed without at least thirty (30) days prior written notice except for non-payment as required by law to SUNY Polytechnic Institute, Attn: Briana Ford, 100 Seymour Road, Utica, NY 13502.

All insurance policies shall provide that the required coverage shall apply on a primary and not on an excess or contributing basis as to any other insurance that may be available to SUNY for any claim arising from the Successful Bidder’s work under the awarded contract, or as a result of the Successful Bidder’s activities. Any other insurance maintained by SUNY shall be excess of and shall not contribute with the Successful Bidder’s insurance, regardless of any “other insurance” clause contained in any SUNY policy of insurance.

At least two weeks prior to the expiration of any policy required by the awarded contract, evidence of renewal or replacement of policies of insurance with terms no less favorable to SUNY than the expiring policies shall be delivered to SUNY in the manner required for service of Notice under the contract.

A professional liability policy (errors and omissions) in the amount of One Million dollars ($1,000,000), which shall be maintained for a period of three (3) years after completion of this contract. If said policy is issued on a claims-made policy form, the policy shall be purchased with extended Discovery Clause coverage of up to three (3) years after work is completed if coverage is cancelled or not renewed.

Workers Compensation, Disability Benefits and Paid Family Leave coverage for the life of this Agreement for the benefit of employees required to be covered by the New York State Workers Compensation Law and the New York State Disability Benefits and Paid Family Leave Law. Evidence of coverage must be provided on forms specified by the Commissioner of the Workers Compensation Board.

General Liability Insurance with limits no less than One Million dollars ($1,000,000) per claim and Two Million dollars ($2,000,000) in the aggregate. Such policy shall name the State University of New York as an additional insured and shall contain a provision that the State University of New York shall receive at least thirty (30) days written notice prior to material change, cancellation or expiration of such policy.

Automobile Insurance Requirements Business Automobile Liability insurance covering liability arising out of the use of any motor vehicle in connection with the work, including owned, leased, hired and non-owned vehicles bearing, or under the circumstances under which they are being used, required by the Motor Vehicle Laws of the State of New York to bear, license plates. Such policy shall have a combined single limit for Bodily Injury and Property Damage of at least One Million dollars ($1,000,000) and shall name the State University of New York as additional insured. The limits may be provided through a combination of umbrella/excess liability policies.

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 (SUNY). 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. State Finance Law Section 163(4)(g) imposes certain reporting requirements on contractors doing business with New York State. In furtherance of these reporting requirements, if applicable, Contractor agrees to complete and submit an initial planned employment data report and an annual employment report.

General Contract Terms & Conditions Any contract awarded resulting from this IFB shall include Exhibit A (State University of New York Standard Contract Clauses) and, for contracts in excess of $25,000, Exhibit A-1 (State University of New York Affirmative Action Clauses). The provisions of Exhibit A and Exhibit A-1 shall take precedence over any provision in this IFB or any provisions in the contract awarded. Exhibits A and A-1 are attached to this IFB.

By submitting a bid in response to this IFB, Bidder expressly agrees that, if awarded the Contract, such Contract will contain language substantially in accordance with the Terms and Conditions listed on Exhibit B, attached to this IFB.

State University of New York Notary Acknowledgement

(ACKNOWLEDGEMENT BY INDIVIDUAL)

On this day of , 20 , before me personally came , to me known and known to me to be the person described in and who executed the foregoing instrument and he/she acknowledged to me that he/she executed the same.

Notary Public

(ACKNOWLEDGEMENT BY UNINCORPORATED ASSOCIATION)

On this __________ day of ____________________, 20___, before me personally came _______________________________________________________, to me known and known to me to be the person who executed the above instrument, who, being duly sworn by me, did for himself/herself depose and say that he/she is a member of the firm of _________________________________________________ and that he/she executed the foregoing instrument in the firm name of _________________________________________ and that he/she had authority to sign same, and he/she did duly acknowledge to me that he/she executed the same as the act and deed of said firm of _______________________________________________ for the uses and purposes mentioned therein.

Notary Public

(ACKNOWLEDGEMENT BY CORPORATION)

On this ___ day of ________________, 20__, before me personally came ______________________________, to me known, who being duly sworn, did depose and say that he/she resides in ________________________________; that he/she is the ____________________________ (title) of __________________________________________(firm), the corporation described in and which executed the foregoing instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he/she signed his/her name thereto by like order.

Notary Public

THIS PAGE MUST BE SIGNED IN THE ORIGINAL AND MUST ACCOMPANY EACH COPY OF YOUR BID.

Attachment 1: Bid Submission Checklist

Summary Information Form

Notary Acknowledgement Form

Attachment 1: Bid Submission Checklist

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

Attachment 3: New York State Finance Law 139-I Certification

Attachment 4: Procurement Lobbying Act Certification

Attachment 5: Non-Collusive Bidding Certification

Attachment 6: Bidder References & Contract Termination History Submission Form

Attachment 7: Proposed Subcontractor Information Submission Form

Attachment 8: Mandatory Requirements Submission Form

Attachment 9: New York State Finance Law § 139-m Certification

Attachment X: Cost Proposal Submission Form

Vendor Responsibility Questionnaire

EEO 7557-108 Equal Employment Opportunity Staffing Plan

ST-220-CA Contractor Certification

ST-220-TD Contractor Certification

Pass/Fail Narrative per Section 4.1 of this IFB

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

In accordance with Executive Order No. 177, the Bidder hereby 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 Human Rights Law.

Executive Order No. 177 and this certification do not affect institutional policies or practices that are protected by existing law, including but not limited to the First Amendment of the United States Constitution, Article 1, Section 3 of the New York State Constitution, and Section 296(11) of the New York State Human Rights Law.

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

By submission of this bid, each Bidder and each person signing on behalf of any Bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that the Bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such a policy shall, at a minimum, meet the requirements of section two hundred one-g of the Labor Law.

If the Bidder cannot make the foregoing certification, such Bidder shall so state and shall furnish with the bid a signed statement that sets forth in detail the reasons that the Bidder cannot make the certification.

Attachment 4: Procurement Lobbying Act Certification State Finance Law §§139-j and 139-k, enacted by Ch. 1 L. 2005, as amended by Ch. 596 L. 2005, effective January 1, 2006, regulate lobbying on government procurement, including procurements by State University to obtain commodities and services and to undertake real estate transactions.

Generally, the law restricts communications between a potential vendor or a person acting on behalf of the vendor, 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. Each agency must develop guidelines and procedures regarding Contacts and procedures for the reporting and investigation of Contacts. The agency’s procurement record must demonstrate compliance with these new requirements.

Accordingly, neither a potential vendor nor a person acting on behalf of the vendor should contact any individual at State University other than the person designated in this solicitation as State University’s Designated Contact, nor attempt to unduly influence award of the contract. State University will make a record of all Contacts, and such records of Contact will become part of the procurement record for this solicitation.