IFB 27-191 Surgical Suites Lights Systems_Final.pdf

SUNY Downstate Health Sciences University

Invitation for Bid No. 27-191 – Surgical Suites Lights Systems

Bids Due: October 15, 2026 at 11:00AM EST

SUMMARY INFORMATION FORM (Intent to Bid/No Bid) THIS PAGE MUST BE COMPLETED, SIGNED AND RETURNED BY EMAIL AS SOON AS POSSIBLE; ORIGINAL

MUST BE SUBMITTED NO LATER THAN WITH BIDDER’S RESPONSE

Invitation for Bid (“IFB”) #: 27-191 IFB Title: Surgical Suites

Lighting Systems IFB Release Date: September 16, 2026 Electronic copies of this IFB are available upon request from SUNY Downstate staff listed below and on the NYS Contract Reporter. (Primary & Secondary Contacts ONLY)

Key Events Summary Information Form (Intent to Bid/No Intent to Bid) – Scanned copy must be submitted ASAP and original must be submitted with your bid

By email ASAP, original no later than with Bidder’s Response (Bid)

Questions/Requests for clarification due September 23, 2026 at 11:00 AM (EST) Response to questions/requests for clarifications issued October 1, 2026 (Projected) Bid Due Date and Time October 15, 2026 at 11:00 AM (EST) Bid Opening Date and Time October 15, 2026 at 12:00 PM (EST) Anticipated Notification of Award October – November (Projected) Anticipated Contract Start Date TBD Anticipated Term Length of Contract Two (2) Years SUNY-DHSU 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 SUNY’s Contact Information Primary Contact:

Alicia Saleh, MWBE Coordinator Contracts & Procurement Alicia.Saleh@Downstate.edu 718-780-1498

Secondary Contact:

N/A

Other Contact: MWBE and SDVOB Alicia Saleh, MWBE Coordinator Contracts & Procurement Alicia.Saleh@Downstate.edu 718-780-1498

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- Downstate Health Science University’s designated contacts only, whose names and contact information are set forth above.

Bidder’s Information Legal Business Name of Company Bidding: D/B/A – Doing Business As (if applicable):

Bidder’s Federal Tax Identification Number:

Contact Name:

Email Address:

Telephone Number:

NYS Vendor ID Number:

Street Address:

City/State: Zip Code:

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

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

Bidders Signature:

Title:

Printed Name:

Date:

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

By signing this form, bidder acknowledges (a) that the IFB instructions are understood; (b) that the bidder is committed to servicing SUNY Downstate’s needs in the required time period.

mailto:Alicia.Saleh@Downstate.edu

TABLE OF CONTENTS

SUMMARY OF INFORMATION FORM……………………………………………………………………………………………..2

Section 1: OVERVIEW…………………………………………………………………………………………………………………..5 Section 2: PROJECT SPECIFICATIONS……………………………………………………………………..…………………….….6

A. Scope of Services …………………………………………………………………………………………………………… B. Mandatory Requirements and Detailed Specifications…………………………………………………………..………..6 C. Method of Award……………………………………………………………………………………………………………...6

1. Administrative Review …………………………………………………………………………………………………..7

2. Review of Bidder Qualifications………………………………………………………………………………………...7

3. Financial Evaluation……………………………………………………………………………………………………...7

Section 3: BIDDER REFERENCES……………………………………………………………………………………………………..7 Section 4: BID SUBMISSION REQUIREMENTS……………………………………………………………………………………..8

A. Bid Submission Requirements………………………………………………………………………………………………..8 B. Bidder Questions…………………………………………………………………………………………………..…………10 C. Pre-Bid Conference……...…………………………………………………………………………………………..………..10 D. Site Visit……………………………………………………………………………………………………………………….10 E. Bid Opening…………………………………………………………………………………………………………………..10 F. Minor Irregularities…………………………………………………………………………………………………………..10 G. Extraneous Terms…………………………………………………………………………………………………………….11

Section 5: GENERAL INFORMATION………………………………………………………………………………………...……11 A. Electronic IFB…………………………………………………………………………………………………………………11 B. SUNY’s Reserved Rights…………………………………………………………………………………………………….11 C. Contract Award…………………………………………………………………………………………………………… D. Post Award Procedures……………………………………………………………………………………………………...12

Section 6: GENERAL TERMS AND CONDITIONS……..…………………………………………………………………………13

1. Free and Open Competition…………………………………………………………………………………………………13

2. Notification of Errors, Inquiries and Interpretation………………………………………………………………………13

3. No Claims or Rights…………………………………………………...……………………………………………………..13

4. Conflict of Interest……………………………………………………………..……………………………………………..13

5. Acceptance of IFB Content…………………………………………………………………………………………………..13

6. Services Outside Scope of the Contract Awarded………………………………………………………………………...14

7. Standard Contract Clauses…………………………………………………………………………………………………..14

8. Binding Effect…………………………………………………………………………………………………………………14

9. Confidentiality/Freedom of Information Law……………………………………………………………………………..14

10. Data Privacy and Security…………………………………………………………………………………………………...14

A. Data Privacy……………………………………………………………………………………………………………...14 B. Data Security……………………………………………………………………………………………………………..15 C. New York Information Breach and Notification Requirements…………………………………………………….15 D. Service Levels (Applicable to Cloud Based, Remotely Hosted or Technology as A Service Contracts)………..16 E. Disaster Recovery………………………………………………………………………………………………………..16 F. Data Portability………………………………………………………………………………………..…………………16

11. Diversity Contracting Requirements……………………………………………………………………………………….16 A. Diversity Practices…………………………………………………………………………………………………… B. Minority and Women-Owned Business Enterprises…………………………………………………………………18 C. Equal Employment Opportunity Requirements……………………………………………………………………..19 D. Service-Disabled Veteran-Owned Businesses (SDVOB)…………………………………………………………….19

12. Encouraging Use of New York State Businesses in Contract Performance…………………………………………….19

13. Office of Federal Contract Compliance Program………………………………………………………………………….20

14. Governing Law……………………………………………………………………………………………………………….20

15. Omnibus Procurement Act of 1992…………………………………………………………………………………………20

16. Determination of Vendor Responsibility…………………………………………………………………………………..20

17. Requirements of New York State’s Recycling Program………………………………………………………………….21

18. State Consultant Services Reporting………………………………………………………………………………………..21

19. Tax Law………………………………………………………………………………………………………………………..21

20. Electronic Payment Authorization …………………………………………………………………………………………22

21. Timeliness of Payment and Interest………………………………………………………………………………………...23

22. Payment and Taxes…………………………………………………………………………………………………………..23

23. Exhibits………………………………………………………………………………………………………………………...23

24. Independent Contractor……………………………………………………………………………………………………..23

25. Subcontracting………………………………………………………………………………………………………………..23

26. Compliance…………………………………………………………………………………………………………………

27. Indemnification……………………………………………………………………………………………………………….24

28. Liability………………………………………………………………………………………………………………...……...24

29. Insurance………………………………………………………………………………………………………………………24

30. Travel…………………………………………………………………………………………………………………………..27

31. Termination…………………………………………………………………………………………………………………...27

32. Procurement Lobbying Act – State Finance Law §§ 139-j and 139-k ………………………………………………..….28

33. Restrictions on the Activities of Current and Former State Officers and Employees…………………………………28

34. Diesel Emissions Reduction Act of 2006…………………………………………………………………………………...29

35. Smoke Free SUNY……………………………………………………………………………………………………………29

36. Piggybacking………………………………………………………………………………………………………………….29

37. Executive Order 177………………………………………………………………………………………………………….29

38. 139 I Certification……………………………………………………………………………………………………………..29

39. 139m Certification ……………………………………………………………………………………………………………29

Notary Acknowledgement……………………………………………………………………………………………………………31 Attachment 1: Bid Submission Checklist…………………………………………………………………………………………….32 Attachment 2: Bidder References……...………………...………………………………………………………………………… Attachment 3: Procurement Lobbying Act Certification…………………………………………………………………………..35 Attachment 4: Non-Collusive Bidding Certification……………………………………………………………………………….37 Attachment 5: Diversity Practices Questionnaire…………………………………………………………………………………..39 Attachment 6: Service Level Agreement…………………………………………………………………………………………….41 Attachment 7: New York State Business Subcontractor Identification Form……………………………………………………42 Attachment 8: MWBE Form 7557-104: Equal Opportunity Policy Statement ………………………………………………….43 Attachment 9: MWBE Form 7557-107: Utilization Plan Form ………………………………..…………………………………44 Attachment 10: MWBE Form 7557-108: EEO Staffing Plan ……………… …………………………………………………….45 Attachment 11: SDVOB Form 7564-107: Utilization Plan Form …………………………………………………………………46 EXHIBIT A: State University of New York Standard Contract Clauses………………………………………………………….47 EXHIBIT A-1: State University of New York Affirmative Action Clauses………………………………………………… EXHIBIT B: Mandatory Requirements and Detailed Specifications……………………………………………………………...49 EXHIBIT C: Cost Proposal………………………………………………………………………………………………………… EXHIBIT D: SUNY Downstate HR On-Boarding Policy…………………………………………………………………………...51 EXHIBIT E: Business Associates Agreement (“BAA”) …………………………………………………………………………….52 EXHIBIT F: Deficit Reduction Act (“DRA”) ………………………………………………………………………………………...53 EXHIBIT G: SUNY General Terms and Conditions………………………………………………………………………………...54 EXHIBIT H: Questions and Answers Form/Format………………………………………………………………………………..55 EXHIBIT I: Executive Order 177……………………………………………………………………………………………………...56 EXHIBIT J: 139 I Certification…………………………………………………………………………………………………………57 EXHIBIT K: 139m Certification …………………………………………………………………………………………………..…..58

Section 1: OVERVIEW

The State University of New York at Downstate Health Sciences University (SUNY-DHSU) solicits offers from qualified vendors (alternatively “Bidder”), of which one vendor will be selected to provide and install Surgical Lights for 14 surgical suites.

The selected vendor will provide Services that fully comply with all mandatory requirements & specifications outlined in Exhibit B – Mandatory Requirements and Detailed Specifications.

This IFB outlines the terms and conditions and all applicable information for submitting a bid. Bidders should pay strict attention to the bid submission date and time, and all other requirements set forth herein, so as to prevent disqualification due to failure to comply herewith.

SUNY-DHSU Background

Located on an urban campus in Brooklyn, New York, the SUNY-DHSU, also known as SUNY Health Science Center at Brooklyn and HSC – Brooklyn, is one of four academic medical center campuses of the 64-unit State University of New York system. SUNY-DHSU traces its roots back to 1860, when a school of medicine was founded at the Long Island College Hospital. SUNY-DHSU is comprised of four colleges: The College of Medicine, the College of Nursing, the College of Health-Related Professions and the School of Graduate Studies.

SUNY-DHSU’s goal is to educate the next generation of physicians, nurses, other health care professionals and researchers, and train them to deliver health care in a densely populated, multi-cultural, multi-ethnic urban community of diverse economic levels. In keeping with its unique history of being the first medical school in the United States to bring teaching to the bedside of hospitalized patients, SUNY-DHSU attends to the health care needs of the 5.0 million residents of Brooklyn, Queens, and Staten Island through the University Hospital of Brooklyn and a network of educational affiliates.

Our facilities provide exceptional opportunities for those individuals who are committed to promoting health in urban communities, and addressing the complex challenges of investigating and preventing diseases that confront clinicians, educators, and researchers in such an environment. This special aspect of SUNY-DHSU’s unique mission is reflected in the students it attracts and selects, the vast majority of whom are drawn from Brooklyn and the New York City region. Many of these students are members of minority groups and/or come from families of first-generation immigrants or economically disadvantaged backgrounds.

Beyond formal degree-granting programs, SUNY-DHSU engages in world-class research and supports advanced medical education in both its graduate and continuing education offerings. Downstate’s grant rank it the fourth largest grants funded research program in the SUNY system, and among the National Science Foundation’s top third of colleges and universities receiving federal research funds. SUNY-DHSU and its regional affiliates also prepare over 900 residents and fellows in fifty-two specialty and sub-specialty programs of three to eight years in length, and offer a full continuing education program to health professionals in the region.

In addition to contributing to the local economy through its role in education, research, and business development, Downstate is one of the top six employers in Brooklyn and created an Advanced Biotechnology Incubator and Biotechnology Park to spur the development of a community of technology companies and medical services in Brooklyn.

The Campus. SUNY-DHSU has an enrollment of approximately 1,600 students, employs approximately 4,800 faculty and staff members, provides dormitory space for approximately 400 students and operates a nurse’s residence of 107 apartments.

The Hospital. SUNY-DHSU’s component, University Hospital at Downstate (“UHD”), is a 376-bed teaching hospital serving as the regional referral center for the New York City boroughs of Brooklyn, Queens, and Staten Island. UHB currently operates four satellite clinics, all located within five miles of SUNY-DHSU’s Clarkson Avenue campus. UHB treats approximately 18,000 inpatients, as well as provides 9,600 ambulatory-surgery visits and 250,000 outpatient visits on an annual basis.

Community Outreach. The neighborhoods that comprise the immediate UHB service area include high numbers of under-represented minorities and high concentrations of poverty with residents who bear a high health burden. SUNY-DHSU has over sixty educational outreach, community outreach, and HIV prevention and care activities that address the special needs of the community.

Section 2: PROJECT SPECIFICATIONS

A. Scope of Services

• The scope of this project is to replace the existing aging surgical lighting systems in the 12 Main Operating Rooms and the 2 Labor & Delivery Operating Rooms (L&D OR 1 and OR 2) with new ceiling-mounted LED surgical lighting systems. The project shall include removal of the existing surgical lights, furnishing and installation of the new lighting systems, and all required mounting hardware, electrical connections, controls, and accessories necessary to provide fully functional surgical lighting systems. The Main OR configuration shall include ten (10) dual-head systems and two (2) triple-head systems.

• The contractor shall provide all labor, equipment, materials, and services necessary to complete the installation, including site verification, coordination with hospital Facilities, Perioperative Services, L&D, and Engineering, removal and appropriate disposal of existing equipment, installation, testing, commissioning, and final acceptance of the new systems. Work shall be coordinated to minimize disruption to clinical operations and shall include all required manufacturer documentation, warranty coverage, and onsite clinical and technical in-service training. Any required modifications to the existing ceiling structure, mounting system, or electrical infrastructure shall be identified during the site survey and coordinated with the hospital prior to installation.

B. The State University of New York at Downstate Health Sciences University (SUNY-DHSU) solicits offers from qualified vendors (alternatively “Bidder”), of which one vendor will be selected to replace obsolete surgical lighting systems in the Perioperative Department, including 14 surgical suites (ORs 1–12 L&D OR 1&2). The work includes de-installation of existing equipment and disposal, supply and installation of new systems, testing, commissioning.

In addition to providing the above, the selected vendors proposal will also need to meet:

• Regulatory Compliance and Security Requirements

• Warranty Requirements

• Clinical In service Requirements

• Technical Training Requirements

• Extended Service Requirements

The selected vendor will provide the 14 surgical lighting systems that fully comply with all mandatory requirements & specifications outlined in Exhibit B – Mandatory Requirements and Detailed Specifications.

Submission of a proposal is an affirmation by the Offeror that its organization complies with all the requirements and qualifications set forth in this IFB and that it is both financially and operationally capable of providing and performing the services required hereunder in a manner consistent with the terms hereof.

C. Mandatory Requirements and Detailed Specifications

Attached hereto as Exhibit B are the Mandatory Requirements and Detailed Specifications for the services called for hereunder. Proposing vendors MUST SUBMIT EXHIBIT B filled out according to the instructions, along with their written proposal.

D. Method of Award

This IFB is part of a competitive procurement process designed to serve the best interests of SUNY-DHSU, 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 services considered. SUNY-DHSU will conduct a comprehensive review of each responsive bid submitted in accordance with the terms of this IFB, and award a two-year contract to the timely bidder that it finds to be responsible and responsive to the IFB whom offers the lowest price.

1. Administrative Review Each bid received by the due date and time will be screened for completeness of submission in accordance with Section 4, Bid Submission Requirements and the Bid Submission Checklist (Attachment 1). Read instructions carefully to ensure that bid is submitted as requested and all responses to questions and requested information are included in your proposal.

2. Review of Bidder Qualifications Each bid remaining after the Administrative Review will then be reviewed for determination of whether Bidder entity itself has met the minimum requirements.

PLEASE NOTE: To be deemed "responsive" to this IFB, Bidder MUST meet ALL Mandatory Requirements. Bidders should respond to requirements and specifications in the order that they appear.

If a bidder fails to address or meet a mandatory requirement, its bid will be deemed non-responsive and will be eliminated from consideration.

Mandatory Definition: A requirement which is Mandatory represents a requirement which must be met by the Bidder or the Bidder will be eliminated from consideration. Bidders should provide evidence of compliance with each mandatory requirement.

3. Financial Evaluation This IFB will be evaluated on the basis of price, and tentative contract award, if any, will be made to the bidder proposing the lowest pricing for the services described herein, provided that such bidder is found responsible and responsive to the IFB.

As set forth in more detail on the Cost Proposal page(s), lowest pricing will be determined based on figures supplied by the bidder listed on the Cost Proposal page(s).

Please note that only one contract will be awarded for all of the services described herein.

The rates proposed by the successful bidder shall remain the contract awardees’ rates for the entire duration of the contract.

Section 3: BIDDER REFERENCES

Bidder References

All Bidders must complete and submit Attachment 2: Bidder Reference Submission Form. Offeror must submit the names and contact information of at least three (3) references from hospitals for which vendor has provided to other hospitals or institutions similar to SUNY-DHSU. SUNY-DHSU may not be used as a reference. Offeror must complete the Reference Form attached to the IFB for each reference.

SUNY-DHSU reserves the right to:

I. Request and contact additional references;

II. Reject any proposal that contains false or misleading statements, or that provides references that do not support an attribute, condition, or qualification claimed by the Bidder;

III. Reach out to additional Offeror references not provided by Bidder

Section 4: BID SUBMISSION REQUIREMENTS

A. Bid Submission Requirements

1. As indicated above, a contract will be awarded to a single bidder that is found to be responsible and responsive to this IFB. To be deemed “responsive” to this IFB, a Bidder must meet all mandatory requirements and qualifications as set forth herein, and must comply with the submission requirements set forth herein.

SUNY-DHSU reserves the right to deem “non-responsive” any Bidder that fails to comply in any material respect with the instructions or other requirements herein. SUNY-DHSU will promptly notify any bidder deemed non-responsive of such determination. Such bidder shall then have five (5) business days from the date of the notice to respond to and/or contest such determination and shall, without exception, be afforded due process. A final determination of non-responsiveness, following resolution of any response or contest, shall result in the disqualification of the non-responsive bidder from consideration hereunder.

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

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

4. Bids should be submitted in sealed packages clearly labeled on the exterior “IFB 27-191 – Surgical Suites Lighting Systems”. Bids not labeled as instructed risk being opened prior to the bid opening date, which may result in the bid being rejected.

5. No telephone, facsimile, emailed or otherwise electronically submitted bid will be accepted.

6. The bid must be fully and properly executed by an authorized person in BLUE or BLACK INK, and the authorized person’s signature must be notarized in BLUE or BLACK INK. By signing, you certify (i) your express authority to sign on behalf of yourself, your company, or other entity; (ii) your full knowledge and acceptance of this IFB, 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 four (4) original hard copies of your bid to the address provided below. All originals must be signed and, where applicable, notarized in BLUE or BLACK INK. Bids must be received in the office identified below by the due date and time provided on the Summary Information Form of this IFB. Bidders mailing their bids must allow sufficient time to ensure receipt by the due date and time. Bidders are http://www.ogs.state.ny.us/aboutOgs/regulations/defaultAdvisoryCouncil.html cautioned that even when using a trackable mailing/courier/messenger service, bids must be received by the identified office by the due date and time. While bids may be signed for by personnel at SUNY-DHSU 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.

Bids: Bids must be submitted as follows:

If via overnight mail:

SUNY Downstate Health Sciences University 450 Clarkson Avenue Contracts Department – MSC #113 Brooklyn, New York 11203-2098 Attention: Alicia Saleh, Contracts Officer

If hand delivered:

SUNY Downstate Health Sciences University Contracts Department 811 New York Avenue (Entrance on Lenox Road between 34th Street and New York Avenue) Second Floor Brooklyn, New York, 11203 Attention: Alicia Saleh, Contracts Officer

For purposes of the Bid Opening, all bids must be received on or before the date listed on the IFB calendar (October 15, 2026). A Late Bid is one that is not received by SUNY-DHSU by the date and time specified in this IFB. Any Bid received after the time specified in this IFB will be considered a Late Bid and will not be considered for award. 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-DHSU.

8. Bidders unable or unwilling to submit a bid are asked to complete the Summary Information Form (Intent to Bid/No Intent to Bid) on Page 2 of this IFB and check the box indicating that no bid is being submitted.

9. All prices must be included in the bid (for those categories being bid upon). A bidder’s proposal will not be rejected because the bidder did not bid on a given category or categories. Bidders cannot submit various pricing options for any part of this procurement, nor will a range of rates, or contingent rates, be accepted for any category. A specific rate must be indicated. Cost Proposal (Exhibit C) must be signed and notarized.

Also, include a USB Flash Drive (i.e., memory stick). In the event of any differences between the pricing on the hard copy and that on the flash drive, the former will control. Bidders must also include a copy of their complete (scanned copy) bid in the USB Flash Drive.

10. The submission of a bid constitutes a non-revocable, binding offer to perform and provide said services at the rates proposed. Such binding offer shall be firm and not revocable for a period of one hundred and fifty (150) days from bid opening, and shall thereafter remain in effect, subject to withdrawal communicated in writing signed by the Bidder.

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 should include the following (please refer to the Attachment 1 checklist for the full list of required forms for submission):

- Summary Information Form

- Completed Exhibit B (Mandatory Requirements) and Exhibit C (Cost Proposal)

- Notary Acknowledgement Form

- Attachment 1: Bid Submission Checklist and the documents indicated thereon.

- Attachment 2: Bidder Reference Submission Form

- Attachment 3: State Finance Law Section 139 – Vendor’s Affirmation of Understanding

- Attachment 4: Non-Collusive Bidding Certification

- Attachment 5: Diversity Practices Questionnaire as set forth in Section 6(10)(A).

- Attachment 6: Service Level Agreement

- Attachment 7: NYS Business Subcontractor Identification Form (if applicable)

- Attachment 8: MWBE Utilization Plan Form

- Equal Employment Opportunity documentation as set forth in Section 6(10)(C).

- Any additional forms listed on the Attachment 1 checklist.

B. Bidder Questions

A Question-and-Answer period, as set forth on the schedule on the Summary Information Form, “Key Events,” is provided in this IFB. All questions must be submitted in writing, citing the particular IFB page, section, and paragraph numbers where applicable. Questions must be EMAILED to arrive no later than the time and date indicated on the Summary Information Page and should be directed to the Designated Contacts (primary and secondary) shown on the Summary Information Form. Questions received after the closing date for inquiries will not be answered. 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 vendors to whom this IFB was sent. Bidder questions must be submitted in Excel. Excel format for questions has been provided via Exhibit H.

C. Pre-Bid Conference

A pre-bid conference is not scheduled to take place in connection with this procurement.

D. Site Visit

A site visit is not scheduled in connection with this procurement.

E. Bid Opening

Bidders may attend the bid opening, at which a SUNY-DHSU representative will publicly announce the names of Bidders who have submitted bids. To ensure adequate space for attendees, Bidders must notify the designated contact(s) identified on the Summary Information Form (Page 2 of this IFB) of their intent to attend the bid opening.

If attending, you must provide contact information (name, email, phone number) of the individual(s) who plan(s) to attend.

F. Minor Irregularities

Bids that contain minor irregularities, such as those executed improperly, shall be considered informal. Such bids may be considered in selecting a low bidder where, in SUNY-DHSU’s sole discretion, the public interest will be promoted thereby.

G. Extraneous Terms

Bids must conform to the terms set forth in this IFB. 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, vendor’s form 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, and any terms or other content therein shall in no way be binding on SUNY-DHSU under any contract that may be awarded. Acceptance and/or processing of the Bid shall not constitute such written acceptance of extraneous term(s).

The DRA (Exhibit F), SUNY Contract Clauses (Exhibit A), SUNY Affirmative Action Clauses (Exhibit A-1) are not subject to change.

If a vendor has any issues with IFB terms, SUNY HR On-Boarding Policy (Exhibit D), the BAA (Exhibit E) or terms found in the attachments to this IFB, said issues MUST be raised during the question-and-answer period(s) identified on the IFB calendar or will be deemed accepted.

DO NOT INCLUDE THE TERM CONFIDENTIAL IN YOUR BID. Any confidential and proprietary information must be documented and identified in accordance with the Freedom of Information Law (FOIL). Please see the Confidentiality/Freedom of Information Law clause below.

Section 5: GENERAL INFORMATION

A. Electronic IFB

Electronic copies of this IFB and related forms are available at upon request from SUNY-DHSU’s designated primary or secondary contacts listed on Summary Form.

B. SUNY-DHSU’S Reserved Rights

SUNY-DHSU reserves the right to:

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

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

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

4. Make an award in whole or in part.

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

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

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

8. Request certified audited financial statements for up to 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, or additional references if needed, and contact any or all references.

10. Adjust or correct cost or cost figures with the concurrence of the Bidder if a mathematical error exists. If a mathematical error results in a higher amount than the vendor’s bid, the vendor must abide by the lower price.

11. Advise any bidder of an objectionable employee(s) and/or subcontractor(s) and require such bidder to remove such employee or subcontractor from performance under the contract awarded hereunder.

12. Waive requirements or amend this IFB upon notification to all Bidders. A requirement may, in SUNY-DHSU’s sole discretion, be eliminated if unmet by all Bidders.

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

SUNY-DHSU.

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

15. Request clarifications from Bidders for purposes of assuring a full understanding of responsiveness, and permit revisions from all potential awardees prior to award.

16. Award no contract.

C. Contract Award

Receipt of this IFB by a vendor does not indicate that SUNY-DHSU has predetermined that vendor’s qualifications to be awarded a contract. SUNY-DHSU will notify the successful bidder, in writing, that it has been awarded a contract. Such award will be tentative, subject to entering into a written contract that is signed by the parties and approved by the Offices of the New York State Attorney General and State Comptroller.

Once SUNY-DHSU has notified the successful bidder, it will notify in writing all other bidders that their bids did not result in contract awards (i.e., those bidders found not to be responsible or whose proposals are found to be non-responsive). SUNY-DHSU will debrief any unsuccessful bidder that requests a debriefing as soon as possible following SUNY-DHSU’s receipt of a request therefor.

D. Post Award Procedures

A. Debriefing

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

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

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

c. The bidders’ written request must state whether the bidder will be attending with Counsel, to allow SUNY- DHSU to arrange for University Counsel attendance if so determined.

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

(i) The reason why the bid was unsuccessful.

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

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

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

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

(vi) To the extent practicable, general advice and guidance on the ways the bidder can improve future bid submissions or be more responsive.

B. Contract Award Protest Procedures

Bidders wishing to protest a contract award may do so in accordance with the University’s procedures, available at: http://www.suny.edu/sunypp/documents.cfm?doc_id=699.

Section 6: GENERAL TERMS AND CONDITIONS

1. Free and Open Competition

SUNY-DHSU encourages free and open competition. Whenever possible, terms, specifications, and conditions are designed to accomplish this objective, consistent with the necessity to satisfy SUNY-DHSU’s needs.

2. Notification of Errors, Inquiries and Interpretation

Bidder is responsible to bring to SUNY-DHSU’s attention any deviations in the specifications and to make recommendations for any additional requirements deemed necessary as standard, or for work indicated in the specifications contained in this IFB. If SUNY-DHSU in its discretion finds the deviations to be significant so as to require a change in the necessary specifications for the work, SUNY-DHSU will notify all Bidders in writing of the change in specifications. No deviations from the specifications provided herein shall be made without written approval of SUNY-DHSU.

3. No Claims or Rights

By submitting a proposal, a bidder agrees that it will not make any claims for, or have any right to damages because of any misinterpretation or misunderstanding of the specifications or because of any misinformation or lack of information.

4. 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 that bidder; or (ii) a potential conflict of interest among bidder’s staff.

5. Acceptance of IFB Content

A. The terms and conditions included in this IFB shall become contractual obligations under the contract awarded. BIDDER’S FAILURE TO ACCEPT THESE TERMS AND CONDITIONS AND OBLIGATIONS SHALL RESULT IN REJECTION OF BIDDER’S PROPOSAL (except as provided in Section 4).

6. Services Outside Scope of the Contract Awarded

SUNY-DHSU shall not be responsible for any services provided by the successful bidder that are outside the scope of the contract awarded. SUNY-DHSU shall not be responsible for any additional costs other than the costs for the http://www.suny.edu/sunypp/documents.cfm?doc_id=699 services outlined herein, or for any work performed that has not been properly authorized in writing by SUNY-

DHSU.

7. Standard Contract Clauses

Any contract awarded resulting from this IFB will 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.

8. Binding Effect

The contract awarded shall be binding upon its execution by both parties and upon the written approvals of the Offices of the New York State Attorney General and State Comptroller.

9. Confidentiality/Freedom of Information Law

All proposals submitted for SUNY-DHSU’s consideration will be held in confidence and will become the property of SUNY-DHSU. However, the resulting contracts are 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 submission constitutes a trade secret, should be treated as confidential and should not be disclosed upon a request pursuant to FOIL, the bidder shall submit with its proposal a separate letter addressed to:

FOIL@Downstate.edu 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. The bidder’s failure to submit such a letter with its proposal 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 proposal be kept confidential is not advisable, because a bid submission cannot reasonably consist exclusively of proprietary information.

10. Data Privacy and Security

A. Data Privacy

(i) Contractor will use any information it creates, receives, maintains or transmits on behalf of SUNY-DHSU (“SUNY Data”) only for the purpose of fulfilling its duties under this Contract and will not share such data with or disclose it to any third party without the prior written consent of the SUNY-DHSU, except as required by the Contract or as otherwise required by law.

(ii) SUNY Data will not be stored outside the United States without prior written consent from SUNY-DHSU.

(iii) Contractor will provide access to SUNY Data only to its employees and subcontractors who need to access the data to fulfill its obligations under the Contract.

(iv) Contractor will ensure that employees who perform work under the Contract have read, understood, and received appropriate instruction as to how to comply with the data protection provisions of the Contract.

(v) FERPA: If Contractor will have access to the SUNY-DHSU’s Education Records as defined under the Family Educational Rights and Privacy Act (FERPA), Contractor acknowledges that for the purposes of the Contract it will be designated as a “school official” with “legitimate educational interests” in the SUNY- DHSU Education records, as those terms have been defined under FERPA and its implementing regulations, and the Contractor agrees to abide by the limitations and requirements imposed on school officials. Contractor will use the Education Records only for the purpose of fulfilling its duties under the Contract for SUNY-DHSU’s and its end user’s benefit, and will not share such data with or disclose it to any third party except as provided for in the Contract, required by law, or authorized in writing by the

SUNY-DHSU.

(vi) Contractor will receive, maintain, process or otherwise will have access to confidential information on employees of the State University of New York. Pursuant to the Gramm-Leach-Bliley Act (P.L. 106-102) and the Federal Trade Commission’s Safeguards Rule (16 CFR Part 314), and to the extent the Contractor is a covered entity or applicable service provider under these regulations with respect to student or customer data, the Contractor will implement and maintain a written Information Security Program (“Program”) in order to protect such confidential customer information. Customer information is defined as “any record containing nonpublic personal information as defined in 16 CFR §313(n)” (the FTC’s Privacy Rule) “about a customer of a financial institution, whether in paper, electronic, or other form” (16 CFR §314.2). Examples of nonpublic personal customer information include, but are not limited to, name, address, phone number, social security number, bank and credit card account numbers and student identification numbers.

B. Data Security

(i) Contractor agrees at all times to maintain network security which at a minimum, includes: network firewall provisioning, intrusion detection, and regular (three or more annually) third party vulnerability assessments, and provide a copy of the annual Attestation of Compliance (AOC) document, if requested.

Further, Contractor agrees to maintain network security that conforms to generally recognized “Industry Standards “and best practices that Contractor applies to its own network. Generally recognized industry standards include but are not limited to the current standards and benchmarks set forth and maintained by the Center for Internet Security (see http://www.cisecurity.org) or Payment Card Industry/Data Security Standards (PCI/DSS) see http://www.pcisecuritystandards.org. Contractor will maintain a data security plan (“Data Security Plan”), which will comply with Payment Card Industry Data Security Standards (“PCI DSS”) requirements (as discussed in more detail below) and all applicable legal and regulatory requirements for data protection. In addition, the Data Security Plan will protect against any anticipated threats or hazards to the security or integrity of information stored on its servers and unauthorized access to or use of such information that could result in harm or inconvenience to the person who is the subject of such information. Contractor will review, at least annually, it’s Data Security Plan and update and revise it as needed. A copy of Contractors’ Data Security Plan will be made available to SUNY-DHSU upon request.

(ii) Contractor shall maintain mandatory procedures and protocols outlined in its “Information Security Incident Response Policy” to be undertaken in the event of an identified or suspected breach of credit card information or current or former student information that is not Directory Information. A copy of Contractor’s Information Security Incident Response Policy will be made available to SUNY-DHSU upon request. In the event a breach is suspected, Contractor will: (i) immediately contain the possible exposure while not compromising any data on its system; (ii) contact all members of its Corporate Security Committee; (iii) initiate a local analysis within 24 hours of the suspected breach to determine the type of information that has been potentially compromised, the individuals and SUNY-DHSU institutions at risk, the incident timeframe at risk and the suspected cause of the incident; and (iv) if a breach is identified, immediately contact affected parties with details of the breach.

C. New York Information Breach and Notification Requirements

Contractor hereby acknowledges and agrees to use commercially reasonable efforts to maintain the security of private information (as defined in the New York State Information Security Breach and Notification Act, as amended “ISBNA”(General Business Law § 889-aa; State Technology Law § 208) that it creates, receives, maintains or transmits on behalf of SUNY and to prevent unauthorized use and/or disclosure of that private information; and implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of electronic private information that it creates, receives, maintains or transmits on behalf of SUNY-DHSU (“SUNY Data”). Contractor hereby acknowledges and agrees to fully disclose to SUNY-DHSU pursuant to the ISBNA, and any other applicable law any breach of the security of a system where Contractor creates, receives, maintains or transmits private information on behalf of SUNY-DHSU following discovery or notification of the breach in the system as to any resident of New York State whose private information was, or is reasonably believed http://www.cisecurity.org/ http://www.pcisecuritystandards.org/ to have been acquired by a person without valid authorization (“Security Incidents”). The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the system. Contractor shall be liable for the costs associated with such breach if caused by Contractor’ negligent or willful acts or omissions, or the negligent or willful acts or omissions of Contractor’s agents, officers, employees or subcontractors. In the event of a Security Incident involving SUNY Data pursuant to the ISBNA, SUNY-DHSU has an obligation to notify every individual whose private information has been or may have been compromised. In such an instance, the Contractor agrees that SUNY-DHSU will determine the manner in which such notification will be provided to the individuals involved pursuant to the ISBNA and agrees to indemnify SUNY-DHSU against any cost of providing any such legally required notice. Upon termination or expiration of the Contract, the Contractor will follow SUNY-DHSU’s instructions relating to any SUNY Data remaining in Contractor’s possession. Upon authorization from SUNY-DHSU, the Contractor will use data and document disposal practices that are reasonable and appropriate to prevent unauthorized access to or use of SUNY Data and will render the information so that it cannot be read or reconstructed.

D. Service Levels (Applicable to Cloud Based, Remotely Hosted or Technology as A Service Contracts)

SUNY-DHSU understands that the Services will not be uninterrupted or error free. Contractor will use commercially reasonably efforts to ensure availability of the Services in accordance with the provisions of the Service Level Agreement, Attachment 6.

E. Disaster Recovery

Contractor shall maintain disaster recovery services at the dedicated facility that is able to handle SUNY data center and business continuity needs under the Contractor in the event disaster recovery is needed.

Throughout the term of the Contract, Contractor shall maintain contracts or arrangements that are substantially equivalent or an improvement to those currently in effect. Contractor shall test disaster recovery capabilities, at least once every calendar year and provide SUNY with a copy of its disaster recovery plan upon request.

F. Data Portability

Contractor agrees to do whatever is reasonable and necessary to facilitate the orderly and professional transfer of the Services and SUNY Data upon the expiration or termination of the Contract to SUNY-DHSU or a SUNY Institution, or do whatever subsequent vendor SUNY-DHSU may select to provide similar services on SUNY-DHSU’s behalf.

11. Diversity Contracting…