IFB C000972-Omnissa Workspace ONE_Solicitation_8-4-26.pdf

COMPETITIVE PROCUREMENT FOR:

Invitation For Bids (IFB) Solicitation Number C000972 – Omnissa Workspace ONE

PROCUREMENT WEBSITE: HTTPS://ITS.NY.GOV/COMPETITIVE-PROCUREMENT-OPPORTUNITIES

DESIGNATED CONTACT FOR INQUIRIES AND SUBMISSIONS

Frances Isaac-Harper, Contract Manager (Primary Contact) Elizabeth Gocs, Contract Manager (Secondary Contact)

Questions regarding the Invitation For Bids (IFB) must be submitted via electronic mail using Attachment 4 – Vendor Questions and Extraneous Terms and Conditions Form, to the designated contact for this IFB at Its.sm.MAT.solicitations@its.ny.gov

No other method of inquiries will be accepted.

IMPORTANT NOTICE: A Restricted Period under the provisions of the State Finance Law relating to procurement lobbying is currently in effect for this Procurement and will remain in effect until State Comptroller approval of the Contract resulting from this Invitation for Bids (IFB) or any cancellation of this procurement. During the Restricted Period of this Procurement, ALL communications must solely be directed, in writing, to the Designated Contacts and must be in compliance with the provisions of the State Finance Law relating to procurement lobbying and all other IFB instructions. Suggestions for the Procurement must only be made to the Designated Agency Contacts. Other communications relating to the Procurement must be directed to the designated contacts.

ELECTRONIC BID RESPONSE SUBMISSION (EMAIL ONLY)

Address to:

Frances Isaac-Harper, Contract Manager

NYS OFFICE OF INFORMATION TECHNOLOGY SERVICES

VENDOR SOURCING AND MANAGEMENT ORGANIZATION

E-mail: its.sm.MAT.solicitations@its.ny.gov https://its.ny.gov/competitive-procurement-opportunities mailto:Its.sm.MAT.solicitations@its.ny.gov mailto:its.sm.MAT.solicitations@its.ny.gov

IFB Number C000972 – Omnissa Workspace ONE

TABLE OF CONTENTS

SECTION 1: OVERVIEW

1.1 PURPOSE OF INVITATION FOR BIDS

1.2 DEFINITIONS

1.3 CALENDAR OF KEY EVENTS

1.4 MINIMUM OFFEROR QUALIFICATIONS

SECTION 2: PROJECT SUMMARY

2.1 PROJECT BACKGROUND (CURRENT STATE)

2.2 BUSINESS GOALS (FUTURE STATE)

SECTION 3: SCOPE OF WORK

3.1 DESCRIPTION OF PRODUCTS

SECTION 4: PROCUREMENT PROCESS

4.1 METHOD OF AWARD

4.2 ADMINISTRATIVE REQUIREMENTS AND INFORMATION

4.2.11 COMMUNICATIONS FROM NYS TO VENDORS

4.3 LATE SUBMISSIONS

4.4 STATE’S RESERVED PROCUREMENT RIGHTS

4.5 NOTIFICATION OF AWARD AND OPPORTUNITY FOR DEBRIEFING

4.6 ITS BID PROTEST POLICY

4.7 NEW YORK STATE VENDOR FILE REGISTRATION

4.8 NEW YORK STATE VENDOR RESPONSIBILITY QUESTIONNAIRE

4.9 SUPPLIER DIVERSITY: MWBE AND SDVOB REQUIREMENTS

SECTION 5: PROPOSAL REQUIREMENTS

5.1 PROPOSAL PREPARATION, RESPONSE, AND PACKAGE LABELING

5.2 GENERAL REQUIREMENTS FOR PROPOSALS

5.3 PROPOSAL FORMAT AND CONTENT

SECTION 6: EVALUATION METHODOLOGY

6.1 PROPOSAL COMPLETENESS REVIEW (ADMINISTRATIVE EVALUATION)

6.2 MANDATORY MINIMUM QUALIFICATIONS AND REQUIREMENTS

6.3 FINANCIAL EVALUATION AND TENTATIVE AWARD

Appendices (requires no action from Offerors)

Appendix A – Standard Clauses for New York State Contracts (June 2023) Appendix B – Reserved Appendix C – Standard Clauses for New York State Office of Information Technology Services Contracts (April 2025) Appendix C-1 – Contractor’s Insurance Requirements for NYS Office of Information Technology Services (January 2024) Appendix C-2 – Equal Opportunity and Supplier Diversity Requirements for NYS Office of Information Technology Services (August 2025) Appendix C-AI – Standard Terms for AI Purchases for NYS Office of Information Technology Services (April 2025)

Attachments (must be completed by Offeror’s and submitted with proposal) Attachment 1 – Offeror Submission Checklist Attachment 2 – Reserved Attachment 3 – Firm Offer Letter and Conflict of Interest Disclosure Attachment 4 – Vendor Questions and Extraneous Terms and Conditions Attachment 5 – Minimum Offeror Qualifications Attachment 6 – Financial Proposal Attachment 7 – NYS Required Certifications Attachment 8 – Foil and Litigation Disclosure Attachment 9 – Confidentiality and Non-Disclosure Agreement Attachment 10 - Contractor Certification to Covered Agency, Form ST-220-CA

FOR REFERENCE AND COMPLIANCE

ITS Forms of NYS Required Certifications:

https://its.ny.gov/system/files/documents/2025/11/nys-its-required-forms.pdf

Security Policies & Standards: https://its.ny.gov/tables/technologypolicyindex https://its.ny.gov/system/files/documents/2025/11/nys-its-required-forms.pdf https://its.ny.gov/tables/technologypolicyindex

SECTION 1: OVERVIEW

1.1 PURPOSE OF INVITATION FOR BIDS

The New York State (NYS) Office of Information Technology Services (ITS) is issuing this Invitation for Bids (IFB) to seek bids from responsive and responsible vendors for the following product and service:

Omnissa Workspace ONE Software as a Service (SaaS) subscription hosted in a FedRAMP authorized environment, along with associated setup, technical account management, and migration services.

The successful Offeror will act as the prime contractor to facilitate the delivery of these services provided by Omnissa, the Original Equipment Manufacturer (OEM).

1.2 DEFINITIONS

Definitions for certain terms in this document, its appendices, and attachments not specifically defined herein can be found in Appendix C – ITS Standard Contract Clauses, where applicable.

• “Authorized Reseller - A Business Entity that is authorized by the Contractor to resell the Contractor’s Products under the Contract. Resellers, also known as Value Added Reseller (VAR) or channel partner must be eligible to quote statewide, independently, and lower than Manufacturer (Contract) pricing for procurements under resulting Contracts. Reseller must also be able to accept orders, invoice, and receive payment for Products.

• “Offeror”, “Proposer”, or “Offeror” shall mean any person, partnership, firm, corporation or other authorized entity submitting a Bid Response to the State pursuant to this IFB.

• “Business Day” shall mean Monday through Friday from 8:00 AM – 5:00 PM ET, excluding New York State or Federal holidays.

• “Business Entity” shall mean Any individual, business, partnership, joint venture, corporation, S-corporation, limited liability company, sole proprietorship, joint stock company, consortium, or other private legal entity recognized by statute

• “Cloud Manufacturer” and “Manufacturer,” which is Omnissa for this procurement, shall mean the following:

Cloud Solution Manufacturer is an organization or Business Entity that:

Sells its own Proprietary Cloud Solution; or Assembles a package of Products or Services into its own Proprietary Product to create a Cloud Solution. This Product may include the services of one or more organizations or Business Entities that directly produce and/or provide components of the package. The Cloud Solution must be branded, supported, and maintained by the entity for the life of the transaction.

• “Cloud Solution” shall mean any Product or Service sold as an “as a service” offering and has one or more of the following characteristics:

o ITS Data is transmitted, acted upon, or stored on equipment not owned by an ITS;

o Allows a Contractor to access ITS Data from a location other than ITS’s premises;

o Allows ITS access to data not owned by ITS which access may or may not result in the collection of ITS Data.

• “Community Cloud” shall mean deployment model for this procurement community cloud model pertaining to the community consisting of one or more government entities, enrolled affiliates, or customers with customer data that is subject to specific requirements.

• “Compliance” shall mean the conformity in fulfilling requirements.

• “Configuration” shall mean an arrangement of elements in a particular form, figure, or combination which includes minor physical or software setting changes that can be implemented without custom physical modifications or changes to the base code. Configuration may include Installation.

• “Continental United States (CONUS)” shall mean the 48 contiguous States, and the District of Columbia.

• “Contract” shall mean the writing(s) which contain the agreement of ITS and the Contractor setting forth the total legal obligation between the parties as determined by applicable rules of law, and which will include the terms of this procurement.

• “Contractor” shall mean a successful company awarded a contract pursuant to this IFB.

• “Data” shall mean any information, Analytic Derivatives, formula, algorithms, or other content that ITS may provide to the Contractor pursuant to this Contract. Data includes, but is not limited to, any of the foregoing that ITS and/or Contractor (i) uploads to the Cloud Service, and/or (ii) creates and/or modifies using the Cloud Solution. See also Analytic Derivatives.

• “Data Breach” shall mean refers to unauthorized access to Data or equipment which is used to transmit, store, or act upon such Data by any person, including employees, officers, partners or subcontractors of Contractor, who have not been authorized to access such Data.

• “Data Categorization - the process of risk assessment of Data. See also “High Risk Data”, “Moderate Risk Data” and “Low Risk Data”.

• “Data Conversion” shall mean the conversion of computer data from one format to another.

• “Data Centers” shall mean All facilities in which State Data is processed or stored.

• “Data Mining” shall mean the computational process of discovering patterns in large data sets involving methods at the intersection of artificial intelligence, machine learning, statistics, and database systems. The overall goal of the Data Mining process is to extract information from a data set and transform it into an understandable structure for further use. Aside from the raw analysis step, it involves database and data management aspects, data pre-processing, model and inference considerations, metrics, complexity considerations, post-processing of discovered structures, visualization, and online updating.

• “Database” shall mean a single collection of Data stored in one place that can be used by personnel to make decisions and assist in analysis.

• “Emergency” shall mean an urgent and unexpected requirement where health and public safety or the conservation of public resources is at risk.

• “Encrypted” shall mean technique used to protect the confidentiality of information. The process transforms ("encrypts") readable information into unintelligible text through an algorithm and associated cryptographic key(s).

• “Equipment” shall mean an all-inclusive term which refers either to individual Machines or to a complete Data Processing System or Subsystem, including its Hardware and Operating Software (if any). See also “Device, “Appliance,” and “Hardware,” “Machine.”

• “Federal Information Security Management Act (FISMA)” shall mean the Federal Information Security Management Act of 2014 ("FISMA", 44 U.S.C. § 355441, et seq.). FISMA requires each federal agency to document and report major security incidents and data breaches to the data and information systems that support the operations and assets of the agency, including those provided or managed by another agency, contractor, or other source.

• “Hardware” shall refer to Refers to IT Equipment and is contrasted with Software. See also “Equipment.”

• “High Risk Data” shall mean Is as defined in FIPS PUB 199, Standards for Security Categorization of Federal Information and Information Systems (“High Impact Data”).

• “Invitation for Bids” or “IFB” shall mean this document.

• “Information Technology (IT)” shall include, but is not limited to, all electronic technology systems and services, automated information handling, System design and analysis, conversion of data, computer programming, information storage and retrieval, telecommunications which include voice, video, and data communications, requisite System controls, simulation, electronic commerce, and all related interactions between people and Machines.

• “ITS” shall mean NYS Office of Information Technology Services.

• “Software” shall mean Software transferred upon the terms and conditions set forth in the

Contract. “Software” includes error corrections, upgrades, enhancements or new releases, and any deliverables due under a maintenance or service contract (e.g., patches, fixes, PTFs, programs, code or data conversion, or custom programming). “

• Licensee(s)” shall mean One or more ITSs who acquire Product from Contractor by issuing a Purchase Order in accordance with the terms and conditions of the Contract; provided that, for purposes of compliance with an individual license, the term “Licensee(s)” shall be deemed to refer separately to the individual ITS(s) who took receipt of and who is executing the Product, and who shall be solely responsible for performance and liabilities incurred. In the case of acquisitions by State Agencies, the Licensee shall be the State of New York.

• “Licensor” shall mean a contractor who transfers rights in proprietary Product to an ITS in accordance with the rights and obligations specified in the Contract.

• “Low Risk Data” shall be defined in FIPS PUB 199, Standards for Security Categorization of Federal Information and Information Systems (“Low Impact Data”).

• "Lowest Price " shall mean the basis for awarding all commodity contracts among responsive and responsible offerors.

• “Machine” shall mean an individual unit of a Data processing system or subsystem, separately identified by a type and/or model number, comprised of but not limited to mechanical, electro-mechanical, and electronic parts, microcode, and special features installed thereon and including any necessary Software, e.g., central processing unit, memory module, tape unit, card reader, etc. See also “Equipment”.

• “Maintenance” shall mean the e upkeep of Product that keeps the Product operating in accordance with the Manufacturer’s specification.

• “Platinum Partner Program” - Omnissa Partner Platinum is the highest tier in Omnissa’s Partner Program, recognizing partners with top performance and advanced technical certifications who deliver high impact digital workspace solutions. Entities within the Omnissa Partner Program are also Authorized Resellers of Omnissa products and services

• “Storage” shall mean specific to technology, a computer memory that retains data for some period of time. Storage can be categorized in many ways such as primary, secondary, read-only, random access and/or magnetic storage.

• “System” shall mean the complete collection of Hardware, Software and Services as described in this IFB, integrated and functioning together, and performing in accordance with this Agreement.

• “Terms of License” shall mean the terms and conditions set forth in the Contract that are in effect and applicable to a Purchase Order at the time of order placement.

• The “State” shall mean The People of the State of New York, which shall also mean the New York State Office of Information Technology Services.

• “Usage” shall mean the quantity of an inventory item consumed over a period of time expressed in units of quantity or of value in dollars.

1.3 CALENDAR OF KEY EVENTS

Event Date

IFB Release

August 5, 2026

Deadline for Submission of Vendor Questions August 12, 2026

Issuance of Response to Submitted Questions (Estimated) August 19, 2026

BID DUE DATE AND TIME

September 2, 2026, 4:00 PM (ET)

1.4 MINIMUM OFFEROR QUALIFICATIONS

Offeror must meet the minimum qualifications set forth below and certify that the requirements have been met in Attachment 5 - Minimum Offeror Qualifications. Failure to meet and certify that requirements have been met in Attachment 5 may result in the Bid being deemed disqualified, non-responsive, and eliminated from consideration.

a. Offeror must be registered with the NYS Department of State as an entity authorized to conduct business in New York State

b. Offeror must be certified as a member of the Omnissa Partner Program – Platinum Level

c. Offeror must be an authorized reseller of Omnissa products and services

SECTION 2: PROJECT SUMMARY

2.1 PROJECT BACKGROUND (CURRENT STATE)

Currently, NYS Office of Information Technology Services operates an Omnissa Workspace ONE on-premises deployment that supports mobile devices, including smartphones and tablets, and Windows devices with specialized use cases.

2.2 BUSINESS GOALS (FUTURE STATE)

The future state outcome resulting from this project will be:

a. Establishment of the FedRAMP-compliant Omnissa Workspace ONE SaaS environment

b. Migration of device policy, configuration templates and other device management artifacts to the Omnissa Workspace One SaaS environment.

c. Migration of the current device fleets from the existing, on-premises Omnissa Workspace ONE environment to the SaaS solution.

SECTION 3: SCOPE OF WORK

The vendor must provide the products and services outlined in this Section.

3.1 DESCRIPTION OF PRODUCTS

The Offeror must provide the following SKUs and quantities of the products described.

3.1.1 PRODUCT REQUIREMENTS

Qty Part Number Description Notes

20,000 AGD-AWOAP-12PTO-F1S U.S. Federal Subscription Upgrade: Omnissa Workspace ONE Advanced Perpetual to Advanced FedRAMP Approved - Managed Hosting - Per Device - 12 Months - Prepaid

Migrates existing on-prem term licenses to SaaS subscriptions.

20,000 AGD-AWOAP-12PTO-F1S Omnissa Government Services Workspace ONE Advanced - Managed Hosting, Fee / Device - FedRAMP Approved - 12 Months - Prepaid

1 AGD-AMUAT-12PTO-F1S U.S. Federal Omnissa - FedRAMP Approved - Managed Hosting UAT Environment, Fee / Environment - 12 Months - Prepaid

1 PS-TAM-1DPWK-TIER-1 Technical Account Management Service - Up to 1 day per week - Tier 1 Countries - 12 months Prepaid

1 AGS-GSDES-1TCTO-F1S Omnissa Government Services Cloud - Dedicated Environment Setup in FISMA Compliant Data Center One Time Fee FedRAMP

3.2.1 SAAS MIGRATION SERVICE (INCLUDED WITH LICENSE PURCHASE)

Vendor’s Professional Services team will provide services to migrate on-premises Workspace ONE UEM environment to Workspace ONE SaaS, which will include the following:

Phase 1: Migration Planning & Architecture Support (Approx. 4 - 8 Weeks)

• Technical architecture review and network planning

• Pre-migration checklist and firewall requirements

Phase 2: Pre-Migration Test Run (Approx. 2 Weeks)

• SQL database backup and test migration

• SSL certificate installation and validation

• Workspace ONE UEM test environment validation

Phase 3: Production Migration (Approx. 2 Weeks)

• Guidance during service suspension and database migration

• DNS redirection support

• Assistance reinstalling core components (ACC, UAG, SEG v2) o Limited to two ACC servers, four UAG servers, and two SEG v2 servers, reinstalled on the same servers with the same software version.

• Reactivation of Workspace ONE UEM services

Phase 4: Validation & Wrap-Up (Approx. 1- 2 Days)

• Omnissa-led testing of migrated SaaS environment

• Customer testing of critical business use cases

• Final wrap-up and recommendations

SECTION 4: PROCUREMENT PROCESS

4.1 METHOD OF AWARD

ITS will make one award for the scope of work described in Section 3 of this IFB to all responsive and responsible Offerors who meet the Minimum Offeror Qualifications, as stated in Section 1, and agree to adhere to all Mandatory Service Requirements set forth in Section 3.

4.2 ADMINISTRATIVE REQUIREMENTS AND INFORMATION

4.2.1 ISSUING OFFICE

This IFB is being released by the New York State Office of Information Technology Services (ITS), Vendor Sourcing and Management Organization (VSMO).

4.2.2 PRICE

Offerors must submit a cost/ financial proposal for required services necessary to provide the State with the required product and service using Attachment 6 – Financial Proposal Form.

Any deviations, alterations, qualifiers, ranges, etc. included with the financial proposal will result in rejection of the Bid. Prices proposed must be inclusive of all proposed labor, equipment, materials, supplies, travel, administration, delivery, profit and other ancillary costs.

A quote will not be considered a sufficient or accepted response to this solicitation.

4.2.3 BILLING

Offeror must invoice ITS via the OGS Business Services Center (BSC) by submitting the corresponding Purchase Order along with appropriate detailed invoices in form agreed to and as directed by ITS. Each invoice must be itemized and include the following information:

Purchase Order #; Contract ID (i.e.: ITS01-C000972-1380000); Offeror FEIN; NYS Vendor ID #; Annual Subscription Term Date(s); unique invoice number, and detailed description of services performed. Invoices without the above stated information will be returned to Offeror to be completed as required in the paragraph above. Payment will not be issued and will not be due or owed until corrected invoice is received and approved by ITS. The BSC follows the OSC Guide to Financial Operations for invoicing. To submit an invoice to OGS BSC, follow these instructions:

a. Send only one invoice per email to AccountsPayable@ogs.ny.gov .

b. Invoices must be in a non-editable format (preferably a PDF).

c. Excel and Word files should be converted to PDF.

d. Do not send zip files, encrypted, or password protected emails.

4.2.4 METHOD OF PAYMENT

Payments will be processed by the State only after Contractor performs all services reflected on the invoice. Invoices are processed in accordance with established procedures of ITS and OSC. Contractor will be paid for actual utilization under the contract.

4.2.5 CONTRACT TERM

The term for the contract awarded in response to this Solicitation will be three (3) years effective upon OSC approval.

4.2.6 COMMUNICATIONS FROM NYS TO OFFERORS

ITS has published the solicitation documents on the NYS Contract Reporter website (www.nyscr.ny.gov) and the ITS website (www.its.ny.gov) for the purpose of disseminating information relating to this procurement, and Offerors are encouraged to monitor these sites.

4.2.7 INQUIRIES FROM VENDORS

NYS Finance Law §§139-j and 139-k imposes certain restrictions on communication between NYS and Vendors during procurement. Vendors should submit all IFB inquiries, questions, or comments to its.sm.MAT.solicitations@its.ny.gov using the Vendor Questions and Extraneous Terms Form (Attachment 4), by the due date indicated on the Calendar of Events.

No other method of inquiries will be accepted.

Administrative issues pertaining to sending/receiving email through the designated mailbox may be reported at (518) 473-9341.

4.2.8 SUMMARY OF POLICY AND PROHIBITIONS ON PROCUREMENT LOBBYING

Pursuant to State Finance Law §§139-j and 139-k, this solicitation includes and imposes certain restrictions on communications between the procuring agency and Offerors during the procurement process. Offerors are restricted from making contact, from the earliest notice of mailto:AccountsPayable@ogs.ny.gov http://www.nyscr.ny.gov/ http://www.its.ny.gov/ intent to solicit offers/Bids through final award and approval of the procurement Contract by ITS and, if applicable, the NYS Office of the State Comptroller (“restricted period”), to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j(3)(a). Certain findings of non-responsibility can result in rejection for Contract award and in the event of two findings within a four-year period, the Offeror must be debarred from obtaining governmental Procurement Contracts. Further information about these requirements can be found on the Advisory Council on Procurement Lobbying’s website at https://ogs.ny.gov/acpl.

4.2.9 MANDATORY PRE-BID CONFERENCE

There will not be a mandatory pre-bid conference for vendors who intend on submitting a Proposal for this IFB solicitation. However, ITS reserves the right to hold a pre-bid conference if, in ITS’ sole determination, a pre-bid conference would be in the best interest of the State.

4.2.10 EXTRANEOUS TERMS

Proposals must conform to the terms set forth in the IFB. Extraneous terms or material deviations (including additional, inconsistent, conflicting or alternative terms) may render the Proposal non-responsive and may result in rejection of the Proposal. Extraneous terms submitted on standard, pre-printed forms (including but not limited to product literature, order forms, license agreements, contracts or other documents) that are attached or referenced with submissions shall not be considered part of the Proposal or resulting Contract but shall be deemed included for informational or promotional purposes only.

Each proposed extraneous term must be specifically enumerated in writing and specify the particular IFB section that Offeror proposes to modify and the reasons why. Any extraneous terms must be submitted during the Question-and-Answer period, as identified in this IFB’s Calendar of Events. Extraneous terms submitted after this time will not be considered.

No extraneous term shall be incorporated into the Contract unless expressly accepted by ITS in writing. Acceptance and/or processing of a Proposal shall not constitute acceptance of extraneous terms. ITS will not entertain any exceptions to Appendix A – Standard Clauses for New York State Contracts.

4.2.11 COMMUNICATIONS FROM NYS TO VENDORS

ITS has established a procurement website for the purpose of disseminating information relating to this procurement at https://its.ny.gov/competitive-procurement-opportunities.

Vendors are encouraged to monitor the site.

4.3 LATE SUBMISSIONS

All Proposals must be submitted and received by the Proposal submission date and time specified in this IFB. Proposals received after the Proposal Submission Deadline may be rejected.

4.4 STATE’S RESERVED PROCUREMENT RIGHTS

4.4.1 Offerors are hereby notified that New York State reserves the right to the following:

https://ogs.ny.gov/acpl https://its.ny.gov/competitive-procurement-opportunities

1. ITS reserves the right to withdraw, amend or postpone this solicitation, without notice, and without liability, to any applicant, or other party, and may exercise these rights at any time.

2. ITS reserves the right to conduct contract negotiations with the next responsible Contractor should ITS be unsuccessful in negotiating with the first tentative awardee.

3. ITS reserves the right to establish evaluation criteria, evaluate bids and award contracts on the basis of these criteria.

4. ITS reserves the right to modify the requirements of this procurement and Solicitation and to modify, correct and clarify requirements at any time provided that modifications would not materially benefit or disadvantage the Contractor.

5. ITS reserves the right to eliminate any requirement of this Solicitation in the event no Contractor can meet it.

6. ITS reserves the right to make an award under this solicitation in whole or in part.

7. Reject any and all proposals received in response to this solicitation opportunity.

8. ITS reserves the right to request a Best and Final Offer from any or all Contractors.

9. ITS reserves the right to employ other consultants and contractors in connection with its responsibilities and functions. In that event, the Contractor will, as directed by ITS, cooperate and work in harmony with such consultants and contractors.

10. ITS has an absolute right and discretion to approve or disapprove any proposed staff and changes in staff. The Contractor shall notify ITS of any proposed changes in staff immediately. ITS, in each instance, will be provided with a summary of experience of the proposed substitute and an opportunity to interview that person, prior to ITS considering approval or disapproval. Any substitute staff provided by Contractor shall have equal or better qualifications than staff being replaced. Approval of proposed staff or changes shall not be unreasonably withheld.

11. The relationship of the Contractor to ITS shall be that of an independent contractor. In accordance with such status as an independent contractor, the Contractor covenants and agrees to act consistent with such status: to neither hold itself out as, nor claim to be, an officer or employee of ITS or the State by reason hereof; and not to, by reason hereof, make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of ITS or the State, including but not limited to workers’ compensation coverage, unemployment insurance benefits, social security coverage, or retirement membership credit.

12. ITS upon award shall designate program staff as its representatives, and/or designee(s).

Such representatives shall request, oversee, supervise, and accept performance of services provided by the Contractor and shall receive any required submissions.

Whenever an Agreement action is to be taken or approval for services given by ITS, such action or approval may be given only by the representatives designated pursuant to this Section. All Notices under this Solicitation shall be directed to the representatives identified, or their designees. ITS may on written notice designate other individuals as its representatives.

4.4.2 Contractor and Subcontractor Requirements

1. The Contractor specifically represents, agrees, and warrants that its members, officers, employees, agents, servants, consultants, shareholders, and subcontractors have and shall possess the experience, knowledge, and character necessary to qualify them individually for the particular duties and services performed hereunder.

2. This Solicitation is intended to secure the professional services of the Contractor because of its ability and shall not be assigned, conveyed, transferred, or disposed of by the Contractor.

3. The Contractor shall be fully responsible for performance of work by its staff and by its subcontractor’s staff and ITS reserves the right to request removal of any Contractor staff or subcontractor staff if, in ITS’s discretion, such staff is not performing in accordance with this Solicitation.

4. The Contractor agrees not to subcontract any of its services without the prior written approval of ITS. Approval shall not be unreasonably withheld upon receipt of written request to subcontract.

5. ITS considers the Contractor the sole contractor with regard to all provisions of the solicitation and the agreement resulting from the solicitation. When bidding, any known/planned use of subcontractors must be disclosed in detail with bid submission. If subcontractors are to be used, it shall be understood that the bid price includes the cost of the subcontractor, and no additional markups will be allowed. The total of all subcontractor work during the term of the Agreement, exclusive of M/WBE or SDVOB subcontracted work as established in the approved utilization plan, shall not exceed 15% of the total contract value.

6. No subcontract entered into by the Contractor shall relieve the Contractor of any liabilities or obligations in this Solicitation or the resultant agreement. The Contractor accepts full responsibility for the actions of any employee or subcontractor/subcontractor’s employee(s) who carry out any of the provisions of any contract resulting from this Solicitation.

7. The Contractor’s use of subcontractors shall not diminish the Contractor’s obligations to complete the work in accordance with the Agreement. The Contractor shall coordinate and control the work of the subcontractors.

8. The Contractor shall be responsible for informing the subcontractors of all terms, conditions, and requirements of the contract documents.

9. During the term of the Agreement, before any part of the Agreement shall be sublet, the Contractor shall submit to the NYS Chief Information Officer, or their designee, Empire State Plaza, PO Box 2062, Albany, NY 12220-0062 in writing, the name of each proposed subcontractor and obtain written consent to such subcontractor. The names shall be submitted in ample time to permit acceptance or rejection of each proposed subcontractor without causing delay in the work of the Agreement. The Contractor shall promptly furnish such information as the State may require concerning the proposed subcontractor's ability and qualifications.

10. The Contractor hereby covenants and represents that there is and shall be no actual or potential conflict of interest that could prevent the Contractor’s satisfactory or ethical performance of duties required to be performed pursuant to the terms of this Agreement., the State’s Public Officers Law, and 45 CFR parts 75.112 and 75.327(b)&(c). The Contractor shall have a duty to notify ITS immediately of any such actual or potential conflicts of interest. ITS and the Contractor recognize that conflicts may occur in the future because the Contractor may have existing, or establish new, relationships. ITS will review the nature of any relationships and reserves the right to terminate this Agreement for any reason, or for cause, if, in the judgment of ITS, a real or potential conflict of interest cannot be cured.

11. Contractor and its employees must comply with the requirements of §73 and §74 of the Public Officers Law, other State codes, rules, regulations, and any executive orders establishing ethical standards for the conduct of business with New York State. In signing the Agreement, the Contractor certifies and warrants full compliance with those provisions for any present or future dealings, transactions, contracts, services, offers, relations, etc., involving New York State and/or its employees. Failure to comply may result in disqualification from bidding processes, termination of the Agreement, and/or other civil or criminal proceedings as required by law

4.5 NOTIFICATION OF AWARD AND OPPORTUNITY FOR DEBRIEFING

Tentative awardees will be advised of selection by ITS through the issuance of formal written correspondence indicating a proposed award. All Offerors will be notified of the selection or rejection of their Proposals. Once an award has been made, Offerors may submit a written request for a debriefing as to why their Proposal did not result in a tentative award. The written request must be received by the ITS Sole Designated Contact identified on the cover page of this IFB, no later than fifteen (15) calendar days from the date of the letter of notification. The purpose of the debriefing is to provide information to each Offeror about the scoring and evaluation of the requesting Proposer’s Proposal. ITS will not provide Offerors with information about another Offeror’s Proposal unless the debriefing is held after the final award. This is also an opportunity for an Offeror to learn how to improve future Proposals.

4.6 ITS BID PROTEST POLICY

The State of New York strives to assure a fair, open and competitive process to all vendors qualified to respond to this Procurement. If any Offeror has a complaint or objection to the IFB requirements, the procurement process or any matter affecting the submission of an Offeror’s Proposal, the Offeror is encouraged to informally contact the ITS Sole Designated Contact for this procurement, listed on the cover page of this IFB, immediately to resolve the matter.

If the Offeror believes that the objection affects the outcome or nature of the proposed award for this Procurement, the Offeror must follow the procedures for timely filing a formal protest set forth in Section 4 of the ITS Bid Protest Policy. Prior to Contract award, protests which may affect the outcome or nature of the award may only be considered by the State in the context of a formal written protest filed in accordance with the procedure located at https://its.ny.gov/system/files/documents/2023/04/its-p23- 003-bid-protest.pdf.

4.7 NEW YORK STATE VENDOR FILE REGISTRATION

Prior to being awarded a contract, Offeror must be registered in the New York State Vendor File (Vendor File) administered by the NYS Office of the State Comptroller. This is a central registry for all vendors who do business with New York State Agencies and the registration must be initiated by a State Agency. Following the initial registration, a unique New York State ten-digit vendor identification number (Vendor ID) will be assigned to Contractor for use on all future transactions with New York State. Additionally, the Vendor File enables vendors to use the Vendor Self-Service application to manage certain vendor information in one central location for all transactions related to the State of New York. For more information on the Vendor File, please visit the following website: http://www.osc.state.ny.us/vendor_management/.

4.8 NEW YORK STATE VENDOR RESPONSIBILITY QUESTIONNAIRE FOR PROFIT

BUSINESS ENTITY

The State conducts a review of prospective contractors and subcontractors with anticipated expenditure at $100K or more to provide reasonable assurances that the Contractor is responsive and responsible. A For-Profit Business Entity Vendor Responsibility Questionnaire (hereinafter “Questionnaire”) is used for non-construction contracts and is designed to provide information to assess an Offeror’s responsibility to conduct business in New York based upon financial and organizational capacity, legal authority, business integrity, and past performance history. By submitting a Proposal, Offeror agrees to fully and accurately complete the Questionnaire. The Offeror acknowledges that the State’s execution of the Contract will be contingent upon the State’s determination that the Offeror is responsible and that the State will be relying upon the Offeror’s responses to the Questionnaire, in addition to all other information the State may obtain from other sources, when making its responsibility determination.

The ITS recommends that vendors file the required Questionnaire online via the New York State VendRep System. To enroll in and use the VendRep System, please refer to the VendRep System Instructions available at http://www.osc.state.ny.us/vendrep/enroll.htm or go directly to the VendRep System online at https://onlineservices.osc.state.ny.us.

Vendors must provide their New York State Vendor Identification Number when enrolling. To request assignment of a Vendor ID or for VendRep System assistance, contact the Office of the State Comptroller’s IT Service Desk at 866-370-4672 or 518-408-4672, or by e-mail at ITServiceDesk@osc.state.ny.us. Vendors opting to complete and submit a paper questionnaire can obtain the appropriate questionnaire from the VendRep website www.osc.state.ny.us/vendrep or may contact the ITS or the Office of the State Comptroller’s Help Desk for a copy of the paper form.

4.9 SUPPLIER DIVERSITY: MWBE AND SDVOB REQUIREMENTS

Under various New York State laws (including NYS Executive Law Article 15-A and Veterans’ Services Law Article 3; 5 NYCRR 140-145 and 9 NYCRR Part 252; and NYS Executive Order 162), ITS is obligated to promote opportunities for maximum feasible participation in the performance of its contracts for NYS-certified minority-and women-owned business enterprises (MWBEs), NYS-certified Service-Disabled Veteran-Owned Businesses (SDVOBs), and the employment of minority group members and women.

In 2006, New York State commissioned a disparity study to evaluate whether minority- and women-owned business enterprises had a full and fair opportunity to participate in State contracting.

Published on April 29, 2010, the study, "The State of Minority and Women-Owned Business Enterprises: Evidence from New York" and a follow-up report entitled "2016 MWBE Disparity Study" published on June 30, 2017 (“Disparity Studies”) found evidence of statistically significant disparities between the participation levels of MWBEs in State procurement and contracting versus the number of MWBEs ready, willing, and able to participate in such procurements. Accordingly, the Disparity Studies made recommendations concerning implementation and operation of the statewide certified minority- and women-owned business enterprises program. These recommendations led to enactment and implementation of New York State Executive Law Article 15-A, which requires, among other things, that ITS establishes, in the performance of NYS contracts: goals for maximum feasible http://www.osc.state.ny.us/vendor_management/ http://www.osc.state.ny.us/vendrep/enroll.htm https://onlineservices.osc.state.ny.us/ mailto:ITServiceDesk@osc.state.ny.us http://www.osc.state.ny.us/vendrep participation of NYS-certified MWBEs; and, equal employment opportunity (EEO) of minority groups members and women.

Under Chapter 22 of the Laws of 2014, the NYS Service-Disabled Veteran-Owned Business Act was directed towards assisting service-disabled veterans in playing a greater role in the economy of NYS in order to promote and encourage the continuing economic development of service-disabled veteran-owned businesses. In accordance with § 2 of Part PP of Chapter 56 of the Laws of 2022, the SDVOB provisions in Executive Law Article 17B became Veterans’ Service Law Article 3, and in accordance with § 113 of Part PP, the act became effective April 1, 2023.

As such, under NYS law Contractors must continue to utilize small, minority and women owned businesses, provide opportunities for service-disabled veterans, and provide for the employment of minority group members and women in the performance of their contracts with NYS, consistent with current New York State law.

January 9, 2017, NYS Executive Order No. 162 was created "to ensure that workers are being provided equal opportunities to work on State contracts and are being paid similarly for performing the same work."

The EEO and EO 162 Workforce Utilization forms are located at:

https://its.ny.gov/procurement#eeo-and-mwbe-supplier-diversity-program

The MWBE forms are located at:

https://its.ny.gov/procurement#eeo-and-mwbe-supplier-diversity-program

The SDVOB forms are located at:

https://its.ny.gov/procurement#sdvob-supplier-diversity-program

Business Participation Opportunities for MWBEs For purposes of this solicitation, ITS hereby establishes an overall goal of 0% for MWBE participation, 0% for New York State-certified Minority-owned Business Enterprise (“MBE”) participation and 0% for New York State-certified Women-owned Business Enterprise (“WBE”) participation (based on the current availability of MBEs and WBEs).

SDVOB Participation Goals For purposes of this solicitation, ITS has established an overall goal of 0% for SDVOB participation, based on the current availability of qualified SDVOBs. For purposes of providing meaningful participation by SDVOBs, Contractor should reference the directory of New York State Certified SDVOBs found at: https://ogs.ny.gov/veterans.

SECTION 5: PROPOSAL REQUIREMENTS

5.1 PROPOSAL PREPARATION, RESPONSE, AND PACKAGE LABELING

All Proposals must be submitted in a timely manner, in no case later than the date and time specified in the Calendar of Events listed in Section 1.3 of this IFB.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fits.ny.gov%2Fprocurement%23eeo-and-mwbe-supplier-diversity-program&data=05%7C01%7CRobert.Kennedy%40its.ny.gov%7Ce50b876db5814874956d08db34565f26%7Cf46cb8ea79004d108ceb80e8c1c81ee7%7C0%7C0%7C638161317783980346%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=L73bc%2BTG0RRE85XaIgsRFrnWuD%2BeXqZlF74yfJ4iqoc%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fits.ny.gov%2Fprocurement%23eeo-and-mwbe-supplier-diversity-program&data=05%7C01%7CRobert.Kennedy%40its.ny.gov%7Ce50b876db5814874956d08db34565f26%7Cf46cb8ea79004d108ceb80e8c1c81ee7%7C0%7C0%7C638161317783980346%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=L73bc%2BTG0RRE85XaIgsRFrnWuD%2BeXqZlF74yfJ4iqoc%3D&reserved=0 https://its.ny.gov/eeo-mwbe-and-sdvob-supplier-diversity https://ogs.ny.gov/veterans

Offeror must submit its Bid response via electronic mail (e-mail), with the Subject of e-mail stating “IFB C000972 Bid Response submission – Offeror’s Name” to its.sm.MAT.solicitations@its.ny.gov. Each attachment must be clearly labeled with appropriate file name (attachment number and Offeror name) and submitted as separate e-mail attachments.

Each section of the electronic copy within an Offeror’s Proposal package shall be clearly marked as two (2) separate parts:

• Administrative Proposal

• Financial Proposal

ONLY ELECTRONIC BID RESPONSE SUBMISSIONS WILL BE ACCEPTED, AND

OFFEROR MUST SUBMIT VIA E-MAIL TO its.sm.MAT.solicitations@its.ny.gov.

5.2 GENERAL REQUIREMENTS FOR PROPOSALS

An Offeror must submit a complete response to this IFB that satisfies the requirements set forth herein and in Attachment 1 – Offeror Submission Checklist. Failure to do so may render the Offeror’s Proposal non-responsive.

Proposals that make extensive use of color photographs or illustrations, or that include separate brochures or marketing materials and overly elaborate embellishments, are discouraged.

All Proposals submitted in response to this IFB must be written in the English language with quantities expressed using Arabic numerals and United States Dollars ($ USD) rounded to the nearest penny, as applicable.

In the case of a discrepancy between the hard copy and the electronic copy, the hard copy shall control.

5.3 PROPOSAL FORMAT AND CONTENT

In order for the State to evaluate Proposals fairly and completely, Offerors must follow the format set forth herein and must provide all of the information requested. All items identified in Attachment 1 – Offeror Submission Checklist must be addressed as concisely as possible, in order for a Proposal to be considered complete. Failure to conform to the stated requirements may necessitate rejection of the Proposal.

Offerors are encouraged to include all information that may be deemed pertinent to their Proposal.

Offerors may be requested to provide clarification based on the State’s evaluation procedure. Any clarification will be considered a formal part of the Offeror’s original Proposal. If further clarification is needed during the evaluation period, ITS will contact the Offeror. ITS reserves the right to request any additional information deemed necessary to ensure that the Offeror is able to fulfill the requirements of the contract.

5.3.1 ADMINISTRATIVE PROPOSAL

Offeror’s Administrative Proposal will include one (1) electronic copy of all the documents listed below, completed and saved as searchable Microsoft Word, Excel and/or Adobe Acrobat (PDF) formats and in Windows file format. Each document must be complete with no omitted lines. ITS reserves the right to reach out to any Offeror to correct any ministerial defect with respect to the attachments listed below, as they are standardized forms required for contracting purposes.

• Attachment 1 – Offeror Submission Checklist

• Attachment 3 – Firm Offer Letter & Conflict of Interest Disclosure

• Attachment 5 – Minimum Offeror Qualifications

• Attachment 7 – NYS Required Certifications o Non-discrimination in Employment in Northern Ireland o Non-Collusive Bidding Certification Required by Section 139-D of the State

Finance Law o Encouraging Use of New York State Businesses in Contract Performance o Offeror’s Certification of Adherence to Executive Order 177 Regarding Anti-

Discriminatory Policies and Practices o Offeror’s Affirmation of Understanding of and Agreement Pursuant to State

Finance Law §139-j (3) and §139-j (6) (b) o Offeror Disclosure of Prior Non-Responsibility Determinations o Offeror’s Certification of Compliance with State Finance Law §139-k (5) o Sexual Harassment Prevention Certification Form o Certification Under Executive Order No. 16 Prohibiting State Agencies and

Authorities from Contracting with Businesses Conducting Business in Russia o Gender Based Violence and the Workplace Certification

• Attachment 8 – Foil & Litigation Disclosure

• Attachment 9 – Confidentiality & Non-Disclosure Form

• Attachment 10 - Contractors Certification to Covered Agency (NYS Taxation and

Finance Form ST-220-CA)

5.3.2 FINANCIAL PROPOSAL

Offeror must submit (via email) a completed Attachment 6 – Financial Proposal (Excel file) as a separate, individual electronic attachment, included with the Bid Response.

Each item must be complete with no lines omitted. Offeror must not provide alternative pricing or deviate from the Attachment 6 - Financial Proposal.

Alternative pricing methodology or formatting will not be accepted or considered and may result in Bid Response rejection. Quantities within the Attachment 6 Financial Workbook are estimates for evaluation purposes and do not represent a guarantee of a particular level of utilization. Follow Offeror Instructions provided in Attachment 6.

5.3.3 BID PREPARATION COSTS

The State is not liable for any cost incurred by an Offeror in the preparation and production of a Bid or for any work performed prior to the issuance of an OSC approval of the Contract. Additionally, no cost will be incurred by the State for any prospective

Offeror or Offeror's participation in any procurement-related activities.

5.3.4 MULTIPLE SUBMISSIONS

Offerors may submit more than one proposal for the purpose of offering alternative solutions, however each proposal must meet all of the requirements of the IFB, be complete in itself, and must not reference or incorporate portions of another proposal submitted by Offeror. Multiple proposals received from the same Offeror will be separately evaluated by ITS as if each proposal were the sole submission of the Offeror.

SECTION 6: EVALUATION METHODOLOGY

ITS anticipates making one (1) award for the scope of work described in this IFB, to the responsive and responsible Offeror on a “lowest price” basis.

The evaluation process will be conducted in a comprehensive and impartial manner. Bids shall consist of two (2) separate parts: (1) Administrative Proposal, and (2) Financial Proposal. Each component shall be evaluated in accordance with the IFB as further described below.

• Administrative Proposal: Pass/Fail

• Minimum Offeror Qualifications: Pass/Fail

• Financial Proposal: Lowest Cost

6.1 PROPOSAL COMPLETENESS REVIEW (ADMINISTRATIVE EVALUATION)

After the Proposal opening, each Offeror’s Proposal will be screened administratively for completeness and conformance with the IFB requirements.