IFB# C161865.pdf

The Harriman State Campus, 1220 Washington Avenue, Building 4, Albany, NY 12226-2050 I www.doccs.ny.gov

Albany Training Academy

Invitation for Bids

IFB# C161865

Firing Range Services for DOCCS Parole

Designated Contacts:

Pursuant to State Finance Law §139-j and §139-k, the Department of Corrections and Community Supervision identifies the following designated contacts to whom all communications concerning this procurement must be made. See Section 1.1 – Notice to Bidders for additional information.

Primary Contact Secondary Contact Rose Valenti Bryant Kirk

New York State Department of Corrections and Community Supervision

New York State Department of Corrections and Community Supervision

Contract Procurement Unit Contract Procurement Unit

550 Broadway 550 Broadway

Menands, New York 12204 Menands, New York 12204

Telephone: 518-486-5300 Telephone: 518-474-9594

Email Address: doccscontracts@doccs.ny.gov Email Address: doccscontracts@doccs.ny.gov

KATHY HOCHUL

Governor

DANIEL F. MARTUSCELLO III

Commissioner

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Table of Contents

1 INTRODUCTION

1.1. Notice to Bidders

1.2. Calendar of Events

1.3. Submission of Written Questions

1.4. Freedom of Information Law (“FOIL”) / Trade Secrets

1.5. Ethics Compliance

1.5.1. Conflict of Interest

1.5.2. State Employees

1.6. Forms Pertaining to NYS Finance Law (STFL)

1.6.1. STFL Sections 139-j and 139-k; Procurement Lobbying Certification

1.6.2. STFL Section 139-l; Sexual Harassment Prevention Certification

1.6.3. STFL Section 139-m; Gender Violence in the Workplace Prevention

1.7. New York State Executive Orders

1.7.1. Executive Order 16 – Prohibiting State Agencies and Authorities from Contracting with Businesses Conducting Business in Russia

1.7.2. Executive Order 26.1 – Statewide Language Access Policy

1.7.3. Executive Order 177 - Prohibiting Contracts with Entities that Support Discrimination

1.8. DOCCS’ Reserved Rights

2 OVERVIEW

2.1. Contract Term

2.2. Price

2.3. Subcontracting

3 BIDDER QUALIFICATIONS

3.1. General Requirements

3.2. Vendor Responsibility

4 SCOPE OF WORK

4.1. Must be within or about 50 miles of all two (2) of the following offices:

4.2. Details of Scope

5 PREPARATION AND SUBMISSION OF BIDS

5.1. Bid Preparation

5.2. Information to be Furnished with Bid

5.3. Bid Submission

5.3.1. Email Submissions

6 METHOD OF AWARD

6.1. Equal Low Bids (Tie Bids)

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6.2. Rejection

6.3. Debriefing

6.4. Dispute Resolution Policy

7 CONTRACTOR REQUIREMENTS AND PROCEDURES FOR PARTICIPATION BY NEW YORK

STATE CERTIFIED MINORITY- AND WOMEN-OWNED BUSINESS ENTERPRISES AND EQUAL

EMPLOYMENT OPPORTUNITIES FOR MINORITY GROUP MEMBERS AND WOMEN

7.1. Equal Employment Opportunity Requirements

7.2. Business Participation Opportunities for MWBEs

7.3. Business Participation Opportunities for New York State Certified Service-Disabled Veteran- Owned Businesses

7.3.1. Contract Goals

8 CONTRACTOR INSURANCE REQUIREMENTS

9 ADDITIONAL ADMINISTRATIVE INFORMATION AND CONTRACT CLAUSES

9.1. Standard Clauses for New York State Contracts

9.2. General Specifications for DOCCS Contracts

9.3. Conflict of Terms and Conditions

9.4. Contract Payments

9.5. Billing

9.6. Interest

9.7. Tax Law Section 5-A

9.8. Background Check

9.9. Indemnification

9.10. Termination

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Appendices

The following appendices are included with this Solicitation:

A. Appendix A – Standard Clauses for NYS Contracts (June 2023) B. Appendix B – General Specifications (April 2016)

Attachments

The following documents pertain to this Solicitation:

• Attachment 1 - Bid Price Page

• Attachment 2 - Required Documents o Vendor Assurance of No Conflict of Interest or Detrimental Effect o Procurement Lobbying Certification and Disclosure of Prior Non-Responsibility Determination o Sexual Harassment Prevention Policy Certification (State Finance Law §139-l Certification) o Gender-Based Violence Prevention Policy Certification (State Finance Law §139-m Certification) o Encouraging Use of New York Businesses in Contract Performance o Executive Order 16 Prohibiting State Agencies and Authorities from Contracting with

Businesses Conducting Business in Russia o Executive Order 177 Prohibiting Contracts with Entities that Support Discrimination o Equal Employment Opportunity Staffing Plan (EEO100) o MWBE and EEO Policy Statement

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Bid Signature Page

RETURN THIS PAGE AS PART OF THE BID

The bid must be fully and properly executed by an authorized person. By signing, you certify your express authority to sign on behalf of yourself, your company, or other entity and full knowledge and acceptance of this Solicitation, Appendix A (Standard Clauses For New York State Contracts), Appendix B (General Specifications), and State Finance Law §139-j and §139-k (Procurement Lobbying), and that all information provided is complete, true and accurate. By signing, bidder affirms, understands, and agrees to comply with DOCCS procedures relative to permissible contacts as required by State Finance Law §139-j(3) and §139-j(6)(b). Bidders are requested to retain Appendix A and Appendix B for future reference.

Procurement Lobbying information may be accessed at: https://ogs.ny.gov/acpl/

Legal Business Name of Company Bidding: NYS Vendor Identification Number:

(See NYS vendor file registration clause)

DBA – Doing Business As (if applicable): Federal Tax Identification Number:

(Do Not Use Social Security Number)

Street City State Zip County If applicable, place an “x” in the appropriate box(es) (check all that apply)

NYS Small Business

# Employees _________

NYS Certified Minority-owned Business Enterprise (MBE)

NYS Certified Women-owned Business Enterprise (WBE)

NYS Certified Service- Disabled Veteran Owned Business (SDVOB)

Vendor Responsibility Questionnaire Filed Online: ____ Yes ___ No

If yes, has Bidder certified or recertified the Vendor Responsibility Questionnaire no more than six (6) months prior to the bid opening date? ______Yes ______No

Do you understand and is your firm capable of meeting the insurance requirements to enter into a contract with New York State? _______ Yes _______No

Does your bid proposal meet all the requirements of this solicitation? ______Yes _______No

Phone: Toll Free Phone:

Email Address: Company Web Site:

Bidder’s Signature:

Date:

Printed or Typed Name:

Title:

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1 INTRODUCTION

New York State (NYS) Department of Corrections and Community Supervision (DOCCS) is seeking a contractor to provide a three (3) year contract with two (2) additional one (1) year extensions. The range will be used by DOCCS employees for the purposes of initial qualifications, pre-qualifications, and annual re-qualifications. The specific needs for DOCCS are outlined in Section 4.0 – Scope of Work. DOCCS is looking for a contractor to provide storage for the backstop equipment and supplies (note that weapons and ammunition will NOT be stored by the Academy on range site). Range(s) must comply with all applicable local, State, and federal requirements and regulations.

For the purposes of this IFB:

a. a Contractor is defined as one who has the contract with the owner of a project or job and has full responsibility for its completion. A Contractor undertakes to perform a complete contract and may employ and manage one or more subcontractors to carry out specific parts of the contract, if permitted.

b. The terms “bidders”, “vendors”, “offerors”, and “contractors” are used interchangeably.

c. The use of the terms “shall”, “must” and “will” are used interchangeably when describing the Contractor’s/Bidder’s duties.

d. The terms “proposal” and “bid” are used interchangeably herein and shall have the same meaning.

e. The name of this agency, NYS Department of Corrections and Community Supervision, is used interchangeably herein with “the Department” and “DOCCS”.

1.1. Notice to Bidders

Receipt of these bid documents does not indicate DOCCS has pre-determined your company's qualifications to receive a contract award. Such determination will be made after the bid opening and will be based on our evaluation of your bid submission compared to the specific requirements and qualifications contained in these bid documents.

Please Note: The State is not liable for any costs incurred by Bidders in the preparation and production of bids or for any work performed prior to the issuance of a contract.

1.2. Calendar of Events

The table below outlines the schedule for important action dates. If the State finds it necessary to change any of these dates, notification will be accomplished through an addendum to this IFB and posted to the New York State Contract Reporter (NYSCR).

Invitation for Bids (IFB) Issued July 16, 2026

Written Bidders’ Questions Deadline No later than 5:00 p.m. EST August 6, 2026

DOCCS Issues Answers to Questions (estimated) On or about August 21, 2026

Bids Due to DOCCS / Bid Opening Date No later than 3:00 p.m. EST September 2, 2026

Anticipated Contract Start Date January 14, 2027

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1.3. Submission of Written Questions

Bidders are cautioned to read this document thoroughly to become familiar with all aspects of the bid.

Bidders should notify the DESIGNATED CONTACT of any term, condition, etc., that precludes the vendor from submitting a compliant, responsive bid. Prospective Bidders should note that all clarifications and exceptions including those relating to the terms and conditions of the contract are to be resolved prior to the submission of a bid.

All questions should be submitted in writing no later than the date specified in Section 1.2 Calendar of Events. Vendors should email questions to the designated contacts listed on the cover page of this document, citing the particular solicitation section and paragraph number. Bidders entering into a contract with the State are expected to comply with all terms and conditions contained herein. Answers to all written questions of a substantive nature will be given to all Prospective Bidders in the form of a formal addendum which will become part of the ensuing contract.

Official answers to all written questions will be advertised as an addendum and posted in the New York State Contract Reporter (NYSCR) (http://www.nyscr.ny.gov/) on or about the date listed in Section 1.2 Calendar of Events. Only answers provided by addendum are considered official. Any amendments, clarifications, responses to questions, and updates to this IFB will be posted on the NYSCR. It is each bidder’s responsibility to visit the above website prior to submitting a bid to determine if any addenda have been issued regarding this solicitation.

1.4. Freedom of Information Law (“FOIL”) / Trade Secrets

During the evaluation process, the content of each bid will be held in confidence and details of any bid will not be revealed (except as may be required under the Freedom of Information Law or other State law). The Freedom of Information Law provides for an exemption from disclosure for trade secrets or information the disclosure of which would cause injury to the competitive position of commercial enterprises. This exemption would be effective both during and after the evaluation process.

Should you feel your bid contains any such trade secrets or other confidential or proprietary information, you must submit a request to exempt such information from disclosure. Such request must be in writing, must state the reasons why the information should be exempt from disclosure and must be provided at the time of submission of the subject information. Upon notification from DOCCS, Bidders/Contractors must provide a redacted version of the records they wish to be exempted from release.

Requests for exemption of the entire contents of a bid from disclosure have generally not been found to be meritorious and are discouraged. Kindly limit any requests for exemption of information from disclosure to bona fide trade secrets or specific information, the disclosure of which would cause a substantial injury to the competitive position of your firm.

1.5. Ethics Compliance

1.5.1. Conflict of Interest

Bidder must disclose any existing or contemplated relationship with any other person or entity, including relationships with any member, shareholders of 5% or more, parent, subsidiary, or affiliated firm, which would constitute an actual or potential conflict of interest or appearance of impropriety, relating to other clients/customers of the Respondent or former officers and employees of the Agencies and their Affiliates, in connection with your rendering services enumerated in this solicitation. If a conflict does or might exist, please describe how your Staffing

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Firm would eliminate or prevent it. Indicate what procedures will be followed to detect, notify the Agencies of, and resolve any such conflicts.

Bidder must disclose whether it, or any of its members, shareholders of 5% or more, parents, affiliates, or subsidiaries, have been the subject of any investigation or disciplinary action by the New York State Commission on Public Integrity or its predecessor State entities (collectively, "Commission"), and if so, a brief description must be included indicating how any matter before the Commission was resolved or whether it remains unresolved.

Additionally, a bidder will be required to submit the Vendor Assurance of No Conflict of Interest or Detrimental Effect form provided in this Solicitation, as evidence of compliance with the foregoing.

1.5.2. State Employees

Contractors, consultants, vendors, and subcontractors may hire former State Agency or Authority employees. However, as a general rule and in accordance with New York Public Officers Law, former employees of the State Agency or Authority may neither appear nor practice before the State Agency or Authority, nor receive compensation for services rendered on a matter before the State Agency or Authority, for a period of two (2) years following their separation from State Agency or Authority service. In addition, former State Agency or Authority employees are subject to a "lifetime bar" from appearing before the State Agency or Authority or receiving compensation for services regarding any transaction in which they personally participated, or which was under their active consideration during their tenure with the State Agency or Authority.

The Contractor and its Subcontractors shall not engage any person who is, or has been at any time, in the employ of the State to perform services in violation of the provisions of the New York Public Officers Law, other laws applicable to the service of State employees, and the rules, regulations, opinions, guidelines, or policies promulgated or issued by the New York State Joint Commission on Public Ethics, or its predecessors (collectively, the "Ethics Requirements"). The Contractor certifies that all of its employees and those of its Subcontractors who are former employees of the State and who are assigned to perform services under any contract resulting from this solicitation shall be assigned in accordance with all Ethics Requirements.

During the Term, no person who is employed by the Contractor or its Subcontractors and who is disqualified from providing services under the Contract pursuant to any Ethics Requirements may share in any net revenues of the Contractor or its Subcontractors derived from any contract resulting from this solicitation. The Contractor shall identify and provide the State with notice of those employees of the Contractor and its Subcontractors who are former employees of the State that will be assigned to perform services under any contract resulting from this solicitation, and make sure that such employees comply with all applicable laws and prohibitions.

The State may request that the Contractor provide it with whatever information the State deems appropriate about each such person's engagement, work cooperatively with the State to solicit advice from the New York State Joint Commission on Public Ethics, and, if deemed appropriate by the State, instruct any such person to seek the opinion of the New York State Joint Commission on Public Ethics. The State shall have the right to withdraw or withhold approval of any Subcontractor if utilizing such Subcontractor for any work performed hereunder would be in conflict with any of the Ethics Requirements. The State shall have the right to terminate the

IFB# C161865 Firing Range Services (Parole) Page 9 contract at any time if any work performed hereunder is in conflict with any of the Ethics Requirements.

1.6. Forms Pertaining to NYS Finance Law (STFL)

1.6.1. STFL Sections 139-j and 139-k; Procurement Lobbying Certification Bidders responding to this Solicitation should submit the Procurement Lobbying Certification and Disclosure of Prior Non-Responsibility Determination forms provided in this Solicitation.

Pursuant to State Finance Law §139-j and §139-k the Department of Corrections and Community Supervision identifies Designated Contact(s), on the cover page of this Solicitation, to whom all communications attempting to influence the Department of Corrections and Community Supervision conduct or decision regarding this procurement, and communications related to the submission of written proposals, pre-bid questions, and debriefings must be made.

Please be advised State law prohibits any vendor from exerting or attempting to exert any improper influence relating to its proposal. “Improper influence” means any attempt to achieve preferential, unequal, or favored consideration of a proposal based on considerations other than the merits of the proposal, including but not limited to any conduct prohibited by the Ethics in Government Act, as set forth in Public Officers Law §73 and §74.

“Restricted period” means the period of time commencing with the earliest written notice, advertisement, or solicitation of a Request for Proposals (“RFP”), Invitation for Bids (“IFB”), or solicitation of proposals, or any other method for soliciting a response from Bidders intending to result in a procurement contract with DOCCS and ending with the final contract award and approval by DOCCS and, where applicable, final contract approval by the Office of the State Comptroller.

This prohibition applies to any oral, written, or electronic communication under circumstances where a reasonable person would infer that the communication was intended to influence this procurement. Violation of any of the requirements described in this Section may be grounds for a determination that the bidder is non-responsible and therefore ineligible for this contract award.

Two (2) violations within four (4) years of the rules against impermissible contacts during the “restricted period” may result in the violator being debarred from participating in DOCCS procurements for a period of four (4) years.

1.6.2. STFL Section 139-l; Sexual Harassment Prevention Certification Pursuant to New York State Finance Law §139-l, every bid made on or after January 1, 2019 to the State or any public department or agency thereof, where competitive bidding is required by statute, rule or regulation, for work or services performed or to be performed or goods sold or to be sold, and where otherwise required by such public department or agency, shall contain a certification that the bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of New York State Labor Law §201-g: https://www.nysenate.gov/legislation/laws/LAB/201-G

New York State Labor Law §201-g provides requirements for such policy and training and directs the Department of Labor, in consultation with the Division of Human Rights, to create and publish a model sexual harassment prevention guidance document, sexual harassment prevention policy and sexual harassment prevention training program that employers may utilize to meet the

IFB# C161865 Firing Range Services (Parole) Page 10 requirements of New York State Labor Law §201-g. The model sexual harassment prevention policy, model sexual harassment training materials, and further guidance for employers, can be found online at the following URL: https://www.ny.gov/combating-sexual-harassment-workplace/employers

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

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

1.6.3. STFL Section 139-m; Gender Violence in the Workplace Prevention Pursuant to New York State Finance Law § 139-M, every bid made on or after November 5, 2025 to the State or any public department or agency thereof, where competitive bidding is required by statute, rule or regulation, for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the bidder and affirmed by such bidder as true under the penalty of perjury:

"By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that the bidder has and has implemented a written policy addressing gender-based violence and the workplace and has provided such policy to all of its employees, directors and board members. Such policy shall, at a minimum, meet the requirements of subdivision 11 of section five hundred seventy-five of the executive law."

https://www.nysenate.gov/legislation/laws/EXC/575

New York State Finance Law § 139-M subdivision 1.a requires the Gender-Based Violence Prevention Policy Certification, which may be submitted electronically in accordance with the provisions of New York State Finance Law § 163 subdivision 7.

A bid shall not be considered for award, nor shall any award be made to a bidder who has not complied with this section; provided, however, that if the bidder cannot make the foregoing certification, such bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefor.

Any bid hereafter made to the state or any public department, agency or official thereof, by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where such bid contains the statement required by this section, shall be deemed to have been authorized by the board of directors of such bidder, and such authorization shall be deemed to include the signing and submission of such bid and the inclusion therein of such statement as the act and deed of the corporation.

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1.7. New York State Executive Orders

1.7.1. Executive Order 16 – Prohibiting State Agencies and Authorities from

Contracting with Businesses Conducting Business in Russia Bidders must review Executive Order 16 prior to submitting bids. You may access the executive order on the Governor’s website: https://www.governor.ny.gov/executive-order/no-16-prohibiting-state-agencies-and-authorities-contracting-businesses-conducting Pursuant to EO 16, all Bidders responding to this solicitation shall complete the Certification form located with this Solicitation certifying the status of their business operations in Russia, if any.

1.7.2. Executive Order 26.1 – Statewide Language Access Policy Bidders should review this Executive Order prior to submitting proposals. The Executive Order dated October 6, 2011 and amended on March 23, 2021, may be accessed on the Governor’s Website: https://www.governor.ny.gov/sites/default/files/atoms/files/EO_26.1.pdf.

1.7.3. Executive Order 177 - Prohibiting Contracts with Entities that Support

Discrimination Bidders must review Executive Order 177 prior to submitting bids. You may access the executive order on the Governor’s website:

https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/EO177.pdf

Bidders shall complete the EO177 Certification form located within this solicitation as evidence of compliance with the foregoing and submit with bid.

1.8. DOCCS’ Reserved Rights

The NYS DOCCS reserves the rights for the following:

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

2. Withdraw the IFB at any time, at the agency’s sole discretion;

3. Make an award under the IFB in whole or in part;

4. Disqualify any bidder whose conduct and/or bid fails to conform to the requirements of the IFB;

5. Seek clarifications and revisions of bids;

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

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

8. Prior to the bid opening, direct bidders to submit bid modifications addressing subsequent solicitation amendments;

9. Change any of the scheduled dates;

10. Eliminate any mandatory, non-material specifications that cannot be complied with by all of the prospective bidders;

11. Waive any requirements that are not material;

12. Negotiate with the successful bidder within the scope of the solicitation in the best interest of the

State;

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13. Conduct contract negotiations with the next responsible bidder, should the Department be unsuccessful in negotiating with the selected bidder;

14. Utilize any and all ideas submitted in the bids received;

15. Every offer shall be firm and not revocable for a period of 90 days from the bid opening, to the extent not inconsistent with Section 2-205 of the Uniform Commercial Code. Subsequent to such 90 days, any offer is subject to withdrawal communicated in writing and signed by the offeror, and;

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

17. DOCCS reserves the right to investigate or make any inquiry into the capabilities of any bidder to properly perform under any resultant contract. See “Performance Qualifications,” “Disqualification for Past Performance” and “Employees/Subcontractors/Agents” in Appendix B, General Specifications;

18. MINOR DEVIATIONS (s) / MINOR TECHNICALITY: DOCCS reserves the right to have the flexibility to consider bids with minor deviations or technicalities and to waive minor deviations or technicalities that may be consistent with the intent and scope of the solicitation. The flexibility may permit a reasonable outcome in cases where the results of a fair, competitive process are clear, but the award of a contract is threatened due to a minor technicality or a minor deviation;

19. “OR EQUAL”: The State reserves the right to determine if a product/service is ‘equal’ to bid specifications. Bids with minor deviations or technicalities may be waived if consistent with the intent and scope of the solicitation. The flexibility may permit a reasonable outcome in cases where the results of a fair, competitive process are clear, but the award of a contract is threatened due to a minor technicality or a minor deviation.

2 OVERVIEW

2.1. Contract Term

The contract term is three (3) years with two (2) optional 1-year renewals. The contract resulting from this IFB will commence on or about the date above in Section 1.2 - Calendar of Events, subject to the availability of sufficient funding, and approvals from the New York State Office of the Attorney General (OAG) and the Office of the State Comptroller (OSC).

2.2. Price

Bid price shall be inclusive of all costs, including but not limited to: anticipated price increases; labor;

materials; parts; supplies; transportation; travel; licenses; insurance; administrative; profit; ancillary costs;

and miscellaneous charges such as any applicable taxes or fees. Price will remain constant over the life of the contract, to include any extension options.

Bidders must complete Attachment 1 – Bid Price Page and submit with bid. All highlighted cells must have a price for a complete bid submission.

The following apply to how the Grand Total Bid Submission is calculated:

The Rate per Person entered must be greater than $0. The calculation of the Total Estimated Annual Usage Cost is based on an estimated 10 shooters for 250 days per contract year and is automatically calculated after a Rate per Person is entered.

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The calculation of the Classroom Rental Fee is based on an estimated usage of 250 days per contract year. If the fee is included in other rates or fees, the Bidder can enter $0.

The calculation of the Low Light/Night Training Fee is based on an estimated usage of 3 days per contract year. If the fee is included in other rates or fees, the Bidder can enter $0.

The Annual Storage Space Fee will automatically be calculated at 10% of the Total Estimated Annual Usage Cost and will be the only guaranteed fee each year of an awarded contract.

There is no guarantee on the number of shooters or days used per contract year for this bid.

2.3. Subcontracting

The Contractor agrees not to subcontract any of its services, unless as indicated in its bid, without the prior written approval of DOCCS. Approval shall not be unreasonably withheld upon receipt of written request to subcontract. The Contractor retains ultimate responsibility for all services performed under a contract.

The Contractor may arrange for a portion(s) of its responsibilities to be subcontracted to qualified, responsible subcontractors, subject to the approval of DOCCS. If the Contractor determines to subcontract a portion of the services, the subcontractors must be clearly identified and the nature and extent of its involvement in and/or proposed performance must be fully explained by the Contractor to DOCCS. As part of this explanation, the subcontractor must submit to DOCCS a completed Vendor Assurance of No Conflict of Interest or Detrimental Effect, as required by the Contractor prior to execution of a contract.

All subcontracts shall be in writing and shall contain provisions which are functionally identical to, and consistent with, the provisions of this solicitation. Unless waived in writing by DOCCS, all subcontracts between the Contractor and subcontractors shall expressly name DOCCS as the sole intended third party beneficiary of such subcontract. DOCCS reserves the right to review and approve or reject any subcontract, as well as any amendment to said subcontract(s), and this right shall not make DOCCS a party to any subcontract or create any right, claim, or interest in the subcontractor or proposed subcontractor against DOCCS.

DOCCS reserves the right, at any time during the contract term to verify that the written subcontract between the Contractor and subcontractors is in compliance with all of the provisions of this Section and any subcontract provisions contained in this solicitation.

The Contractor shall give DOCCS immediate notice in writing of the initiation of any legal action or suit which relates in any way to a subcontract with a subcontractor or which may affect the performance of the Contractor's duties under a contract. Any subcontract shall not relieve the Contractor in any way of any responsibility, duty and/or obligation of a contract.

If at any time during performance under the contract the total compensation to a subcontractor exceeds or is expected to exceed $100,000, that subcontractor shall be required to submit and certify a Vendor Responsibility Questionnaire.

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3 BIDDER QUALIFICATIONS

3.1. General Requirements

The Bidder agrees:

1. to adhere to all State and Federal laws and regulations in connection with the contract; and,

2. to notify DOCCS of any changes in the legal status or principal ownership of the firm, 45 (forty-five) days in advance of said change; and,

3. in any contract resulting from this solicitation, it shall be completely responsible for its work, including any damages or breakdowns caused by its failure to take appropriate action; and,

4. any contract resulting from this solicitation may not be assigned, transferred, conveyed or the work subcontracted without the prior written consent of the Commissioner of DOCCS; and,

5. for reasons of safety and public policy, in any contract resulting from this solicitation, the use of illegal drugs and/or alcoholic beverages by the Contractor or its personnel shall not be permitted while performing any phase of the work herein specified; and,

6. the Commissioner’s interpretation of specifications shall be final and binding upon the Contractor; and,

7. the Commissioner of DOCCS will make no allowance or concession to the Bidder for any alleged misunderstanding because of quantity, quality, character, location, or other conditions;

and,

8. should it appear there is a real or apparent discrepancy between different sections of specifications concerning the nature, quality or extent of work to be furnished, it shall be assumed the Bidder has based its bid on the more expensive option. Final decision will rest with the Commissioner of DOCCS; and,

9. for purposes of any contract resulting from this solicitation, the quality of service is subject to inspection and may be made at any reasonable time by the State of New York. Should it be found quality of services being performed is not satisfactory and the requirements of the specifications are not being met, the Commissioner DOCCS may terminate the contract and employ another contractor to fulfill the requirements of the contract. The existing Contractor shall be liable to the State of New York for costs incurred on account thereof; and,

10. the Commissioner of DOCCS reserves the right to stop the work covered by any contract resulting from this solicitation at any time it is deemed the successful Bidder is unable or incapable of performing the work to the state’s satisfaction. In the event of such stopping, DOCCS shall have the right to arrange for the completion of the work in such manner as it may deem advisable and if the cost thereof exceeds the amount of the bid, the successful Bidder shall be liable to the State of New York for any such costs on account thereof. In the event DOCCS issues a stop work order for the work as provided herein, the Contractor shall have 10 (ten) working days to respond thereto before any such stop work order shall become effective;

and,

11. it is the Contractor's responsibility to maintain the equipment and materials provided for the work consistent with applicable safety and health codes; and,

12. DOCCS reserves the right to reject and bar from the facility any employee hired by the Contractor.

3.2. Vendor Responsibility

DOCCS conducts a review of prospective contractors (“Bidders”) to provide reasonable assurances the Bidder is responsive and responsible. The Contractor shall at all times during the contract term remain responsible. The Contractor agrees, if requested by the Commissioner of DOCCS or their designee, to

IFB# C161865 Firing Range Services (Parole) Page 15 present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity.

If at any time the Contractor is found to be not responsible or there is a question as to the vendor’s responsibility, any activities pursuant to the contract may be suspended. In the event of such suspension, the Contractor will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Contractor must comply with the terms of the suspension order. Contract activity may resume at such time as the DOCCS Commissioner, or their designee issues a written notice authorizing a resumption of performance under the Contract. Finally, the contract may be terminated following a finding of non-responsibility.

A. New York State Vendor File Registration

Prior to being awarded a contract pursuant to this solicitation, the Bidder(s) and any designated authorized resellers who accept payment directly from the State, must be registered in the New York State Vendor File (Vendor File) administered by the Office of the State Comptroller (OSC). 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, unique New York State ten-digit vendor identification numbers will be assigned to your company and to each of your authorized resellers (if any) for usage on all future transactions with New York State. Additionally, the Vendor File enables vendors to use the Vendor Self-Service application to manage all vendor information in one central location for all transactions related to the State of New York. If Bidder is already registered in the New York State Vendor File, list the ten-digit vendor ID number on the Bid Signature Page. Authorized resellers already registered should list the ten-digit vendor ID number along with the authorized reseller information.

If the Bidder is not currently registered in the Vendor File and is recommended for award, DOCCS shall request completion of OSC Substitute W-9 Form. A fillable form with instructions can be found at the link below. In addition, if authorized resellers are to be used, an OSC Substitute W-9 form should be completed by each of the designated authorized resellers and submitted to the Office of General Services Business Services Center. The Office of General Services Business Services Center will initiate the vendor registration process for all Bidders recommended for Contract Award and their authorized resellers.

Once the process is initiated, registrants will receive an email from OSC that includes the unique ten-digit vendor identification number assigned to the company and instructions on how to enroll in the online Vendor Self-Service application. For more information on the vendor file please visit the following website:

http://www.osc.state.ny.us/vendor_management

Form to be completed: https://www.osc.state.ny.us/vendors/forms/ac3237s_fe.pdf

B. NYS Vendor Responsibility Questionnaire

A Questionnaire is used for non-construction contracts and is designed to provide information to assess a Bidder’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 bid, Bidder agrees to fully and accurately complete the “Questionnaire.” The Bidder acknowledges that the State’s execution of the Contract will be contingent upon the State’s determination that the Bidder is responsible, and that the State will be relying upon the Bidder’s responses to the Questionnaire when making its responsibility determination. To assist the State in determining the responsibility of the Bidder, the Bidder

IFB# C161865 Firing Range Services (Parole) Page 16 should complete and certify (or recertify) the Questionnaire no more than six (6) months prior to the bid due date.

A Bidder’s Questionnaire cannot be viewed by DOCCS until the Bidder has certified the Questionnaire.

It is recommended that all Bidders become familiar with all of the requirements of the Questionnaire in advance of the bid opening to provide sufficient time to complete the Questionnaire.

DOCCS recommends each Bidder 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 Welcome Package for Vendors available at the Office of the State Comptroller’s (OSC) website:

http://www.osc.state.ny.us/vendrep/documents/system/welcome_package.pdf or go directly to the VendRep System online at https://www.osc.state.ny.us/state-vendors.

OSC provides direct support for the VendRep System through user assistance, documents, online help, and a help desk. The OSC Help Desk contact information is located at:

http://www.osc.state.ny.us/portal/contactbuss.htm.

Bidders opting to complete the paper questionnaire can access this form and associated definitions via the OSC website at: http://www.osc.state.ny.us/vendrep/forms_vendor.htm.

The Bidder agrees that if it is found by the State that the Bidder’s responses to the Questionnaire were intentionally false or intentionally incomplete, on such finding, DOCCS may terminate the contract. In no case shall such termination of the contract by the State be deemed a breach thereof, nor shall the State be liable for any damages for lost profits or otherwise, which may be sustained by the Contractor as a result of such termination.

4 SCOPE OF WORK

4.1. Must be within or about 50 miles of all two (2) of the following offices:

New Rochelle Area Office; 3 Cottage Place, New Rochelle, NY 10801 Poughkeepsie Area Office; 20 Manchester Road, Poughkeepsie NY, 12603

4.2. Details of Scope

Provide one 25-yard shooting range (10 stations) for 9mm handgun training.

Allow for DOCCS to, at maximum, bring ten (10) shooters per day.

Ensure the range is accessible Monday through Friday, April 1 through March 31 each year, excluding holidays. Accessibility includes maintaining roadways in passable condition, clearing snow and ice, and making needed repairs in a timely manner. DOCCS will primarily request usage of the range from April 1st through December 15th. Subject to availability, DOCCS may request to schedule additional range usage from December 16th through March 31st

Hold hours of operation from 7:00 a.m. to 4:00 p.m. For preparation and cleanup purposes, DOCCS firearms instructors may have access to the premises at 8:00 a.m., one hour prior to a session start time, until 4:00 p.m., one hour after a session ends. All qualification sessions will take place between 9:00 a.m. and 3:00 p.m.

Accommodate for low light/night training. DOCCS will provide The vendor with 30 days’ advance notice and will only proceed with the consent of The County. To minimize

IFB# C161865 Firing Range Services (Parole) Page 17 disturbance to surrounding residences, low light/night training will be restricted to October 15'" through April 15th, sunset occurring on or before 6:30 p.m. at those times of year. Low light/night shooting will be restricted to occur no sooner than ½ hour prior to sunset and must conclude within 2 hours after sunset respective daily. DOCCS will reimburse The vendor for the duration of the training session and will provide a voucher at time of use.

Must have adequate parking (parking for up to 10 shooters and 4 instructors daily) designated for DOCCS staff only. If this parking is not in immediate proximity to the range and office area, temporary parking must be allowable for loading and unloading of vehicles.

Provide telephone line, computer, and electric connectivity and install electric meter. The vendor may invoice electric usage for reimbursement on a quarterly basis, net due 30 days.

If DOCCS installs, or already has installed, its own phone line/internet line/electric line, then The County will no longer be responsible for providing a phone line/internet line/electric line.

Provide one (1) portosan and access to water for handwashing.

Provide sufficient number of containers for trash and recycling.

Provide appropriate staff that will inspect the Licensed Premises, while DOCCS staff is still present, at the end of daily use to make sure that the Licensed Premises has been left in a satisfactory condition.

Provide access to one classroom/training space. Classroom/training space should be able to accommodate approximately 15 people and must be equipped with adequate heat and ventilation, air conditioning, lighting, toilet facilities and classroom furniture including chalk or whiteboards, seating and tables or student desks.

Provide storage space for one 8' x 8' x 6' ammunition bunker that DOCCS will provide.

Provide storage space for one 8'x 20'x 8' office trailer that DOCCS will provide.

Provide storage space for one 8' x 20' x 8' container that DOCCS will provide.

5 PREPARATION AND SUBMISSION OF BIDS

5.1. Bid Preparation

Prepare your bid using indelible ink. Print the name of your company on each page of the bid in the block provided. One (1) copy of the bid is required, unless otherwise specified herein.

Prepare and submit complete original bid package, including all bidder questions and required certifications. You are not required to return Appendix A and Appendix B to this office. You may keep those pages for your own reference.

5.2. Information to be Furnished with Bid

The bidder shall submit with its bid detailed specifications, circulars, and all necessary data on the product to be furnished. If the product offered differs from the provisions listed, such differences must be explained in detail. Failure to submit any of the above data may result in rejection of the bid. The State, however, reserves the right to request any additional information deemed necessary for the proper evaluation of bids.

The New York State Department of Corrections and Community Supervision (DOCCS) will receive bids pursuant to the provisions of Article XI of the State Finance Law or the provisions of the State Printing and Public Documents Law.

IFB# C161865 Firing Range Services (Parole) Page 18

5.3. Bid Submission

The following procedures shall be used for bid submittals:

Bidders assume all risks for timely, properly submitted deliveries. LATE BIDS may be rejected. Email submissions are acceptable and will be considered.

Bidders are strongly encouraged to arrange for delivery of bids to New York State Department of Corrections and Community Supervision (DOCCS) no later than the due date and time listed in Section

1.2 Calendar of Events. Bidders must allow extra time to comply with the security procedures which may be in effect if hand delivering bids or using deliveries by independent courier services.

5.3.1. Email Submissions

Bids must be submitted to DOCCSContracts@doccs.ny.gov with the subject line: “BID ATTACHED”, include the BID # C161865, Bid opening date and time, and Bidder name.

6 METHOD OF AWARD

Award shall be made to one (1) bidder, to the lowest responsive and responsible bidder.

6.1. Equal Low Bids (Tie Bids)

DOCCS shall resolve a tie bid in the following order of priority when two (2) or more low bids are equal in all respects:

1) Best and Final Offer

2) First Bid Received

3) Bidder facility with shortest travel time for DOCCS staff.

6.2. Rejection

The State reserves the right to reject a bid or to make "NO AWARD" on individual listings or sub-items if individual bid prices are deemed to be unbalanced or excessive or if an error in the solicitation becomes evident. In such case, ranking and evaluation of bids may be made on remaining items. Award would be made on the remaining items. The determination of an unbalanced bid shall be at the sole discretion of the State. Options contained in this paragraph shall also be at the State’s sole discretion.

6.3. Debriefing

Pursuant to Section 163(9)(c) of the State Finance Law, any unsuccessful Bidder may request a debriefing regarding the reasons the Bid submitted by the Bidder was not selected for award. Requests for a debriefing must be made within 15 (fifteen) calendar days of notification by DOCCS that the Bid submitted by the Bidder was not selected for award. Requests should be submitted in writing to a Designated Contact identified in this solicitation.

6.4. Dispute Resolution Policy

It is the policy of DOCCS and the Office of the State Comptroller to provide vendors with an opportunity to administratively resolve disputes, complaints, or inquiries related to NYS bid solicitations or contract awards. NYS DOCCS and the Office of the State Comptroller encourage vendors to seek resolution of disputes through consultation with NYS DOCCS staff. All such matters will be accorded impartial and timely consideration. Interested parties may also file formal written disputes.

IFB# C161865 Firing Range Services (Parole) Page 19

7 CONTRACTOR REQUIREMENTS AND PROCEDURES FOR PARTICIPATION BY NEW YORK STATE

CERTIFIED MINORITY- AND WOMEN-OWNED BUSINESS ENTERPRISES AND EQUAL

EMPLOYMENT OPPORTUNITIES FOR MINORITY GROUP MEMBERS AND WOMEN

New York State Law: Pursuant to New York State Executive Law Article 15-A and Parts 140-145 of Title 5 of the New York Codes, Rules and Regulations DOCCS is required to promote opportunities for the maximum feasible participation of New York State-certified Minority and Women-owned Business Enterprises (“MWBEs”) and the employment of minority group members and women in the performance of DOCCS contracts.

7.1. Equal Employment Opportunity Requirements

By submission of a bid or proposal in response to this solicitation, the bidder agrees with all of the terms and conditions of Appendix A – Standard Clauses for All New York State Contracts including Clause 12 - Equal Employment Opportunities for Minorities and Women.