IFB MASTER TEMPLATE.docx

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Attached to
Five Points Switchgear
Solicitation number
2137452
Issued by
St. Lawrence County, New York

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Summary of IFB #370-2026-01: Electrical Switchgear/Partial Discharge Testing

This is an Invitation for Bids (IFB) issued by the New York State Department of Corrections and Community Supervision (DOCCS) for Five Points Correctional Facility located in Romulus, New York. The solicitation requests comprehensive electrical switchgear testing, maintenance, and partial discharge testing services for a critical power infrastructure system. Scope includes service and testing of nine medium voltage Eaton/Cutler-Hammer VCP-W circuit breakers on the incoming 13.2kV utility power line; three 13.2kV generator switchboard circuit breakers; protective relay testing and calibration for multiple GE and SEL relays; testing of two battery systems (24-28VDC and 125DCV); service of 22 pad-mounted switchgear units; one non-automatic transfer switch; 57 electrical manholes; and installation of UL-listed infrared windows. Additionally, the contractor must provide one-time Arc Flash Safety Awareness Training (minimum six hours) for up to 25 persons and one-time portable generator connection training (minimum four hours). A mandatory site visit is scheduled for August 11, 2026, with RSVP required by August 10, 2026. Bidder questions are due August 25, 2026, with estimated responses by September 8, 2026. Bid submissions are due September 22, 2026. The contract period is 18 months.

Pricing shall be submitted on a base bid for all inspection, testing, maintenance, and corrective repairs; a separate line item for the Arc Flash Safety Awareness Training; and estimated time-and-materials costs represented as an hourly labor rate and material markup percentage over contractor costs, with estimated 300 hours and $60,000 in materials provided for evaluation purposes only. All work must comply with New York State prevailing wage rate requirements (PRC# 2026003402). Partial discharge testing must be completed prior to switchgear testing and must include risk category evaluation with two copies of engineered reports. The solicitation includes Service-Disabled Veteran-Owned Business (SDVOB) goals of 15 percent and Minority/Women Business Enterprise (MWBE) goals of 15 percent. A previous incumbent, Matco, has held a substantially similar contract within the past five years. Award will be made to the lowest responsive and responsible bidder, with tie-breaking preferences given to certified MWBE, SDVOB, DBE, and small business entities. Contractors must provide certificates of insurance (minimum $1,000,000 general liability coverage), proof of workers' compensation and disability benefits coverage, and comply with all New York State certification and lobbying restrictions. Payment will be made electronically in accordance with New York State procedures upon submission of itemized invoices containing required documentation.

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TITLE: ELECTRICAL SWITCHGEAR / PARTIAL DISCHARGE TESTING PAGE 5

INVITATION FOR BIDS (IFB) #370-2026-01

ELECTRICAL SWITCHGEAR TESTING / PARTIAL DISCHARGE TESTING

Issue Date: 7/24/2026 RSVP for Site Visit By: 8/10/2026 Mandatory Site Visit Date: 8/11/2026 Bidder Questions Due: 8/25/2026 Response to Bidder Questions (Estimated): 9/8/2026 Bid Due Date & Time: 9/22/2026 Contract Period: 18 Months

IMPORTANT: SEE NOTICE TO BIDDERS CLAUSES HEREIN

E-Mail or Facsimile Bid Submissions are NOT Acceptable

Designated Contact
Alternate Designated Contact
Duane Moss, Plant Superintendent
Jillian DeBrock, Institution Steward
607-869-5111 Ext. 3950
607-869-5111 Ext. 3100
Duane.Moss@doccs.ny.gov
Jillian.DeBrock@doccs.ny.gov

Five Points Correctional Facility, 6600 State Route 96, Romulus, NY 14541 I www.doccs.ny.gov

BID SIGNATURE PAGE

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 INVITATION FOR BIDS, 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 that it 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

D/B/A – 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 Woman-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

If you are not bidding, place an “x” in the box and return this page only.

WE ARE NOT BIDDING AT THIS TIME BECAUSE:

Phone:

Toll Free Phone:

Email Address:
Company Web Site:

Bidder’s Signature:

Date:

Printed or Typed Name:

Title:

RETURN THIS PAGE AS PART OF THE BID

INDIVIDUAL, CORPORATION, PARTNERSHIP, OR LLC ACKNOWLEDGMENT

STATE OF

} SS.:

COUNTY OF

On the ____ day of ___________________ in the year 20 __ , before me personally appeared _______________________________________ , known to me to be the person who executed the foregoing instrument, who, being duly sworn by me did depose and say that _he resides at _____________________________________________________________, Town of ______________________________________________ , County of _______________________________ , State of ______________________________ ; and further that:

[Check One]

|_| If an individual): _he executed the foregoing instrument in his/her name and on his/her own behalf.

|_| If a corporation): _he is the _________________________________ of ____________________________________ , the corporation described in said instrument; that, by authority of the Board of Directors of said corporation, _he is authorized to execute the foregoing instrument on behalf of the corporation for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said corporation as the act and deed of said corporation.

|_| If a partnership): _he is the ________________________________ of ___________________________________, the partnership described in said instrument; that, by the terms of said partnership, _he is authorized to execute the foregoing instrument on behalf of the partnership for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said partnership as the act and deed of said partnership.

|_| If a limited liability company): _he is a duly authorized member of ________________________________, LLC, the limited liability company described in said instrument; that _he is authorized to execute the foregoing instrument on behalf of the limited liability company for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said limited liability company as the act and deed of said limited liability company.

Notary Public Registration No.

RETURN THIS PAGE AS PART OF THE BID

CHECKLIST FOR IFB # 370-2026-01

All Bidders must complete the checklist presented below and submit the following forms listed in the checklist as required for each bid submission.

SUBMISSION DOCUMENTS PACKAGE (SIGNATURES REQUIRED)

|_| This Checklist

|_| Completed Bid Signature Page (pages 2-3) |_| Bidder's Federal Tax Identification Number

|_| NYS Vendor Identification Number
|_| Bidder's Signature
|_| Individual, Corporation, Partnership, or LLC Acknowledgment (must be notarized)

|_| MWBE / EEO / SDVOB Forms as applicable (see pages 12-14) Forms available at: https://doccs.ny.gov/procurement-opportunities https://ogs.ny.gov/veterans/forms https://doccs.ny.gov/system/files/documents/2019/12/eeo100.pdf

|_|Vendor Responsibility Questionnaire – Check one of the following:
|_| Paper Submission
OR
|_| Electronic Filing - Certified Date:
(Must be certified within the last 6 months)
|_|Certificate of Insurance
|_|Proof of Compliance with Workers’ Compensation Coverage Requirements
|_|Proof of Compliance with Disability Benefits Coverage Requirements

(Note: If the above 3 items are not submitted with bid, a tentative awardee shall provide this documentation upon notification from DOCCS)

|_|Bid Price Page (page 31)
|_|Notes to Bidders and Questions (pages 32-34)
|_|Procurement Lobbying Certification (page 35)
|_|State Finance Law § 139-l (page 36)
|_|NYS Required Certifications: EO 177 & State Finance Law § 139-l (page 37)

|_| NYS Required Certifications: EO 16 (page 38)

|_|Vendor Assurance of No Conflict of Interest or Detrimental Effect (page 39)
|_|Contractor Certification Forms (Must Be Notarized) (page 40)
Form ST-220-CA (Form ST-220-TD is filed directly with the Tax Department)

Signature: Date:

Print Name: Name of Company:

GENERAL INFORMATION

IMPORTANT NOTICE TO POTENTIAL BIDDERS: Receipt of these bid documents does not indicate that the NYS Department of Corrections and Community Supervision (DOCCS) – Five Points Correctional Facility 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.

NOTICE TO BIDDERS:

The Five Points Correctional Facility – Business Office 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. The following procedures shall be used for bid submittals:

1. BID PREPARATION

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

2. BID SUBMISSION

When submitting your bid, please 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 all those pages for your own reference.

3. BID DELIVERY

Bidders assume all risks for timely, properly submitted deliveries. Bidders are strongly encouraged to arrange for delivery of bids to Five Points Correctional Facility prior to the date of the bid opening. LATE BIDS may be rejected. E-mail bid submissions are not acceptable and will not be considered.

· Bid envelopes The envelope containing a bid should be clearly marked "BID ENCLOSED" and state the Bid Number, Bid Opening Date, and Time. Failure to complete all information on the bid envelope may necessitate the premature opening of the bid and may compromise confidentiality. See "Bid Submission" in Appendix B, General Specifications. Bids shall be delivered to:

State of New York Department of Corrections and Community Supervision Five Points Correctional Facility 6600 State Route 96 Romulus, NY 14541

· FAX transmittals

Facsimile transmittals are NOT acceptable for this Solicitation.

· Hand deliveries Bidders must allow extra time to comply with the security procedures which may be in effect when hand delivering bids or using deliveries by independent courier services. Bidders assume all risks for timely, properly submitted deliveries.

4. IMPORTANT BUILDING ACCESS PROCEDURES

Bidders attending bid openings must pre-register for building access by contacting Jillian DeBrock at (607) 869-5111 Ext. 3100 or by email Jillian.DeBrock@doccs.ny.gov at least 24 hours prior to bid opening. To access the facility, all visitors must check in by presenting valid photo identification. Vendors who intend to deliver bids should allow extra time to comply with these procedures. Building Access procedures may change or be modified at any time.

SCOPE OF WORK

OVERVIEW:

The facility is powered via one (1) incoming 13.2kV Utility power from NYSEG. The incoming switchboard consists of (9) Eaton/Cutler-Hammer VCP-W circuit breakers. Protection is provided via (1) GE-760, (4) GE-735, and (3) SEL-751 protective relays. Backup Power is provided by (3) 13.2kV generators. The generator switchboard consists of (3) 13.2kV Eaton/Cutler-Hammer VCP-W circuit breakers. Protective relays consist of (3) GE-489 relays and (3) General Electric Type PQM Meters.

There are two (2) Battery Systems:

24-28VDC Battery System: 3 (20) Saft SPH-150 Ni-Cad. 1 system per Generator 125DCV Battery System: (95) Saft SPH-150 Ni-Cad.

(22) Pad mounted switchgear.

(1) Non-automatic transfer switches. (Bldg. 77) 57 number of electrical manholes.

All equipment is to be serviced using this listed scope of work.

Contractor to provide generators and connect to critical buildings to maintain power during service, may have to be done during off hours. To be coordinated by the facility.

Install UL listed Infra-Red windows in the incoming switchgear cabinets.

All work must be bid using prevailing wage rate.

ARC FLASH SAFETY AWARENESS TRAINING

· Provide a one-time Arc Flash Safety Awareness Training in accordance with OSHA and NFPA 70E 2024 version for up to 25 persons.

· A minimum of 6 hours training is required.

· Certificates will be provided by the Contractor. The training should include materials for the trainees (PowerPoint /manual, tests, training aids, etc.).

· Training cost shall be invoiced separately from Switchgear Testing costs.

PORTABLE GENERATOR CONNECTION TRAINING

· Provide a one-time portable generator connection training

· Provide instruction on reading arc flash labels and the use of proper PPE.

· Minimum 4 hours

· The facility will provide a generator and transformer for the training.

· The training should include materials for the trainees (PowerPoint /manual, tests, training aids, etc.).

· Training cost shall be invoiced separately from Switchgear Testing costs.

SERVICE AND TESTING OF MEDIUM VOLTAGE SWITCHGEAR & TRANSFER SWITCHES

General service and testing include cleaning, adjustment, inspection, lubrication, minor repairs and electrical testing as applicable.

· Arc chutes removed, cleaned and inspected.

· Arcing and main contacts cleaned, inspected and adjusted.

· All insulated components inspected and cleaned with approved solvents and methods.

· Fuse holders inspected for proper support and mechanical connections.

· Entire unit cleaned and inspected for loose hardware.

· All mechanisms, rollers, latches, etc. inspected and lubricated as appropriate.

· All cubicles vacuum cleaned and inspected. Mechanical linkages, hinges, etc. inspected and lubricated.

· All electrical and mechanical interlock systems tested for proper operation and sequencing.

· All mechanical operational tests performed per manufacturer's recommendations

· All indicating devices checked for proper operation.

· Contact resistance measurements performed.

· Insulation resistance measurements performed.

· High potential tests performed where applicable.

· All results submitted in formal bound report.

SERVICE AND TESTING OF AUTOMATIC TRANSFER SWITCHES

· Secure and lockout normal and emergency disconnects.

· Remove all arc chutes and pole covers.

· Test and re-calibrate all trip sensing and time delay functions.

· Vacuum clean switchgear and all accessory panels.

· Clean any grime with an approved solvent.

· Clean and lubricate TS coil and operator linkage.

· Inspect all insulating parts for cracks or discoloration.

· Inspect all main and arcing contacts pitting and wear.

· Inspect all control relay contacts for excessive erosion and discoloration due to excessive heat

· Inspect and clean all add-on panels and accessories

· Manually operate to check proper alignment, deflection, gap, and wiping action and control contact operation.

· Check all wire connections to transfer switch control, sensing panel and other system components, tighten if necessary.

· Electrically test all power sensing and time delay devices and adjust as necessary.

· Reconnect engine start.

· Re-energize the switchgear and conduct a test by simulating a normal source failure.

· All results will be submitted in a formal bound report.

SERVICE AND TESTING OF MEDIUM VOLTAGE VACUUM CIRCUIT BREAKERS

General service and testing includes cleaning, adjustment, inspection, lubrication, minor repairs and electrical testing as applicable.

· Main contact wear indicators checked for proper dimensions.

· All insulated components inspected and cleaned with approved solvents and methods.

· Entire unit cleaned and inspected for loose hardware

· All mechanisms, rollers, latches, etc. inspected and lubricated as appropriate.

· Control wiring inspected for insulation damage and loose connections.

· Primary fingers inspected, cleaned and lubricated per manufactures recommendations.

· All cubicles vacuum cleaned and inspected. Mechanical linkages, hinges, etc. inspected and lubricated.

· Racking mechanisms adjusted and checked for proper operation

· Cell fit and element alignment inspected and adjusted.

· Primary and secondary contact wipe adjusted as necessary.

· Shutter mechanism operation verified.

· Contact resistance measurements performed.

· Insulation resistance measurements performed.

· High potential tests performed per manufacturer's recommendations.

· All serviced breakers electrically operated on both test stand and in respective cubicle prior to be returned to service where applicable.

· All results submitted in formal bound report.

SERVICE AND TESTING OF BATTERY SYSTEMS

General service and testing include cleaning, inspection, minor repairs and electrical testing as applicable. Specific work includes:

· Inspect for physical damage and proper anchorage of system.

· Visually inspect each cell, battery rack and charger.

· All indicating devices checked for proper operation.

· Check tightness of all electrical connections.

· Clean all cells, racks and charger

· All insulated components inspected and cleaned.

· Record all nameplate data from batteries and charger.

· Clean entire charger and inspect for loose hardware or connections.

· Measure float voltage at each battery terminal.

· Perform battery impedance test.

· Measure intercell connection resistance.

· Measure specific gravity of electrolyte of each cell where applicable.

· Verify proper float and equalize charge voltages. Adjust if necessary.

· Apply equalization charge if required.

· All results submitted in formal bound report.

SERVICE AND TESTING OF MOTOR CONTROL CENTERS

General service and testing include cleaning, adjustment, inspection, lubrication, minor repairs and electrical testing as applicable. Specific work includes:

· Inspect for physical damage, proper anchorage, and grounding.

· Check tightness of all electrical connections.

· All insulated components inspected and -cleaned.

· Fuse holders inspected for proper support and mechanical connections.

· Entire unit cleaned and inspected for loose hardware.

· Mechanisms, rollers, latches, etc. inspected and lubricated as appropriate.

· Mechanical linkages, hinges, etc. inspected and lubricated.

· All indicating devices checked for proper operation.

· Motor overload relay elements tested by injecting primary current through overload unit and monitoring trip times when applicable.

· Contactor coil resistance measurements performed.

· Contactor will be dissembled, inspected, contacts cleaned and burnished if required.

· Contactor electrical operation verified.

· Auxiliary contacts checked for proper operation.

· Control power transformer tested for proper output voltage.

· Contact resistance measurements performed.

· Insulation resistance measurements performed

· All results submitted in formal bound report.

SERVICE AND TESTING OF OIL FILLED TRANSFORMERS

· Unit visually inspected for physical damage, leaks and mechanical condition.

· Unit inspected for cracked insulators, tightness of connections, defective wiring, and general mechanical and electrical condition.

· All insulated components inspected and cleaned with approved solvents and methods.

· Verify correct liquid level and positive blanket pressure where applicable.

· Bolted connections torqued where accessible.

· Proper core and equipment grounding verified.

· Contact resistance measurements performed where applicable.

· Auxiliary devices checked for proper operation.

· Insulation resistance measurements performed.

· Turns Ratio tests performed.

· Transformer oil samples to be taken for analysis.

· All results submitted in formal bound report.

SERVICE AND TESTING OF DRY TYPE TRANSFORMERS

General service and testing includes cleaning, inspection, torquing, minor repairs, and electrical testing as applicable. Specific work includes:

· Covers removed and unit visually inspected for physical damage.

· Unit inspected for cracked insulators, tightness of connections, defective wiring, and general mechanical and electrical condition.

· All insulated components inspected and cleaned with approved solvents and methods.

· Entire unit cleaned and inspected for loose hardware.

· Bolted connections torqued where accessible.

· Proper core and equipment grounding verified.

· Contact resistance measurements performed where applicable.

· Auxiliary devices checked for proper operation.

· Insulation resistance measurements performed.

· Turns Ratio tests performed.

· All results submitted in formal bound report.

SERVICE AND TESTING OF LOW VOLTAGE AIR SWITCHES

General service and testing include cleaning, adjustment, inspection, lubrication, minor repairs and electrical testing as applicable. Specific work includes:

· Arc chutes removed, cleaned and inspected.

· Arcing and main contacts cleaned, inspected and adjusted.

· All insulated components inspected and cleaned with approved solvents and methods.

· Fuse holders inspected for proper support and mechanical connections.

· Entire unit cleaned and inspected for loose hardware.

· All mechanisms, rollers, latches, etc. inspected and lubricated as appropriate.

· All cubicles vacuum cleaned and inspected. Mechanical linkages, hinges, etc. inspected and lubricated.

· All electrical and mechanical interlock systems tested for proper operation and sequencing.

· All mechanical operational tests performed per manufacturer's recommendations.

· All indicating devices checked for proper operation.

· Contact resistance measurements performed.

· Insulation resistance measurements performed.

· All results submitted in formal bound report.

TESTING AND CALIBRATION OF PROTECTIVE RELAYS

General service testing and calibration includes cleaning, adjustment, inspection, calibration, minor repairs, and electrical testing as applicable. Specific work includes:

· Protective relays removed one at a time.

· Relays inspected for physical damage.

· Cover gasket, glass and case cleaned and inspected for physical damage, foreign material, and moisture.

· Inspect condition of spiral spring, disc clearance and contacts.

· Check mechanical relays for freedom of movement, proper travel, and alignment.

· Clean and adjust contacts where applicable.

· Inspect control wiring for damage and loose connections.

· Insulation resistance measurements performed on control wiring (Not applicable to solid state relays).

· Determine pick-up parameters for each operating element.

· Timing tests performed at three (3) test points.

· Pick-up target and seal-in units checked for proper operation.

· Special tests as required to check proper operation of restraint, directional, differential and other elements per manufacturer's recommendations or instructions.

· Operational trip tests performed on the system as applicable.

· All results submitted in formal bound report.

PARTIAL DISCHARGE TESTING

Partial Discharge Testing of its medium voltage primary cables, terminations, splices, and connected equipment using Doble Online PD Testing System. DOCCS will require 2 copies of the engineered report with risk category evaluation.

· A one-line diagram will be provided for viewing at the site visit.

· A copy of the one line will be provided to the winning bidder.

· A power distribution diagram will be available for viewing at the site visit.

· A power distribution diagram will be provided to the winning bidder.

· The electrical manhole covers are welded for security purposes.

· The manhole covers will be removed and replaced daily by the facility.

· Pumping water from the manholes, if necessary, will be the responsibility of the contractor.

Partial Discharge Testing is to be completed prior to the switchgear testing to allow deenergized repairs to be made (if necessary) during the switchgear maintenance.

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.

QUALIFICATIONS:

The Contractor shall have the study prepared by qualified engineers of an independent consultant. The consultant shall be a Registered Professional Electrical Engineer licensed in NY State who has at least ten (10) years of experience and specializes in performing power system studies.

ANALYSIS:

Analyze and highlight any equipment that is determined to be faulty.

Proposed major corrective modifications will be taken under advisement by the facility.

NON-COLLUSIVE BIDDING CERTIFICATION:

(Reference: State Finance Law Section 139-d and Appendix A, Clause 7)

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 to the best of its knowledge and belief:
(1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor.
(2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly, to any other Bidder or to any competitor; and
(3) No attempt has been made or will be made by the Bidder to induce any other person, partnership or corporation to submit or not submit a bid for the purpose of restricting competition.
In the event that the Bidder is unable to certify as stated above, the Bidder shall provide a signed statement which sets forth in detail the reasons why the Bidder is unable to furnish the certificate as required in accordance with State Finance Law Section 139-d(1)(b).

INQUIRIES / ISSUING OFFICE:

All inquiries concerning this specification will be addressed to the following Designated Contact:

PRIMARY CONTACT
SECONDARY CONTACT
Duane Moss, Plant Superintendent
Jilian DeBrock, Institution Steward
607-869-5111 Ext. 3950
607-869-5111 Ext. 3100
Duane.Moss@doccs.ny.gov
Jillian.DeBrock@doccs.ny.gov

Contacting someone else may result in rejection of bid – see “Procurement Lobbying Act”.

QUESTIONS AND CLARIFICATIONS:

All questions should be submitted in writing no later than the date on the cover page, citing the particular bid section and paragraph number. The Prospective Bidder should notify the DESIGNATED CONTACT of any term, condition, etc., that precludes the vendor from submitting a compliant, responsive bid. Bidders are cautioned to read this document thoroughly to become familiar with all aspects of the 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. Bidders entering into a contract with the State are expected to comply with all the terms and conditions contained herein. Answers to all 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.

PROCUREMENT LOBBYING ACT:

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 NYSDOCCS – Five Points Correctional Facility and an Offeror/Bidder during the procurement process. An Offeror/Bidder is restricted from making contacts from the earliest notice of intent to solicit offers/bids through final award and approval of the Procurement Contract by NYS DOCCS – Five Points Correctional Facility, and if applicable, the Office of General Services, and/or the 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). Designated staff, as of the date hereof, is identified on the first page of this Solicitation. NYS DOCCS – Five Points Correctional Facility employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Offeror/Bidder pursuant to these two statutes. 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/Bidder is debarred from obtaining governmental Procurement Contracts. Further information about these requirements can be found on the website:

http://ogs.ny.gov/Aboutogs/regulations/defaultAdvisoryCouncil.html.

PROCUREMENT LOBBYING TERMINATION:

NYSDOCCS – Five Points Correctional Facility reserves the right to terminate this contract in the event it is found that the certification filed by the Offeror/Bidder in accordance with New York State Finance Law §139-k was intentionally false or intentionally incomplete. Upon such finding, NYS DOCCS – Five Points Correctional Facility may exercise its termination right by providing written notification to the Offeror/Bidder in accordance with the written notification terms of this contract.

DISPUTE RESOLUTION POLICY:

It is the policy of the NYSDOCCS – Five Points Correctional Facility 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 – Five Points Correctional Facility and the Office of the State Comptroller encourages vendors to seek resolution of disputes through consultation with NYS DOCCS – Five Points Correctional Facility staff. All such matters will be accorded impartial and timely consideration. Interested parties may also file formal written disputes.

TAX LAW § 5-A:

TAX LAW § 5-A Amended April 26, 2006 (Appendix 2):
Tax Law § 5-a, as amended on April 26, 2006, requires certain Contractors who are awarded state contracts for commodities and/or services valued at more than $100,000 (over the full term of the contract, excluding renewals) to certify to the Department of Taxation and Finance (DTF) they are registered to collect New York State (NYS) and local sales and compensating use taxes. The law applies to contracts where the total amount of the Contractor’s sales delivered into NYS exceed $300,000 for the four quarterly periods immediately preceding the quarterly period when the certification is made; and with respect to any affiliates and subcontractors whose sales delivered into NYS also exceed $300,000 in the same manner as noted above for the Contractor.
This law imposes upon certain Contractors the obligation to certify whether or not the Contractor, its affiliates, and its subcontractors are required to register to collect state sales and compensating use tax. The contractors must certify to DTF that each affiliate and Subcontractor exceeding the sales threshold is registered with DTF to collect such State and local sales and compensating use taxes. The law prohibits the Comptroller, or other approving agency, from approving a contract to a vendor who is not registered in accordance with the law.
There are two (2) Contractor certification forms, with instructions, required for this bid. Form ST-220-TD is to be submitted directly to DTF. Submission to DTF is a one-time occurrence. If you have already submitted this form to DTF for other bidding opportunities, you do not need to submit the form attached to this bid. If, however, any certification information changes, a new ST-220-TD must be filed with DTF. Form ST-220-CA must be completed and submitted with this bid. This form certifies to the procuring agency that the contractor has filed ST-220-TD with DTF in compliance with the law.
Bidders should complete and submit the certification forms within two business days of request (if the forms are not submitted to DTF and/or and returned with bid). Bidders shall take the necessary steps to provide properly certified forms within a timely manner to ensure compliance with the law, as failure to do so may render a bidder non-responsive and non-responsible.
Vendors may call DTF at 1-800-698-2909 for any and all questions relating to Tax Law § 5-a and relating to a company's registration status with DTF. For additional information and frequently asked questions, please refer to the DTF web site: http://www.tax.ny.gov

TERMINATION FOR VIOLATION OF Revised Tax Law 5a:

NYS DOCCS reserves the right to terminate this contract in the event it is found that the certification filed by the Contractor in accordance with § 5-a of the Tax Law is not timely filed during the term of the contract or the certification furnished was intentionally false or intentionally incomplete. Upon such finding, (facility name) may exercise its termination right by providing written notification to the Contractor.

DEBRIEFING:

Pursuant to Section 163(9)(c) of the State Finance Law, any unsuccessful Bidder may request a debriefing regarding the reasons that the Bid submitted by the Bidder was not selected for award. Requests for a debriefing must be made within 15 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 the Solicitation.

APPENDIX A:

Appendix A, Standard Clauses For New York State Contracts, dated June 2023, attached hereto, is hereby expressly made a part of this Bid Document as fully as if set forth at length herein. Please retain this document for future reference.

APPENDIX B:

Appendix B, General Specifications (Commodities and Non-Technology Services), dated August 2012, attached hereto, is hereby expressly made a part of this Bid Document as fully as if set forth at length herein and shall govern any situations not covered by this Bid Document or Appendix A. Please retain this document for future reference.

CONFLICT OF TERMS AND CONDITIONS:

Conflicts between documents shall be resolved in the following order of precedence:

a) Appendix A

b) Contract resulting from this Invitation for Bid

c) This Invitation for Bid

d) Appendix B

e) Bidder’s Bid

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. The Bidder is required to ensure that it and any subcontractors awarded a subcontract for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work"), except where the Work is for the beneficial use of the Bidder, undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services unrelated to the Contract; or (ii) employment outside New York State.

The Bidder will be required to submit a Minority and Women-owned Business Enterprise and Equal Employment Opportunity Policy Statement to DOCCS with its bid or proposal.

If awarded a Contract, Bidder shall submit a Workforce Utilization Report and shall require each of its Subcontractors to submit a Workforce Utilization Report, in such format as shall be required by DOCCS on a quarterly basis as required during the term of the Contract.

Pursuant to Executive Order #162, Contractors and Subcontractors will also be required to report the gross wages paid to each of their employees for the work performed by such employees on the contract utilizing the Workforce Utilization Report on a quarterly basis.

Further, pursuant to Article 15 of the Executive Law (the “Human Rights Law”), all other State and federal statutory and constitutional non-discrimination provisions, the Contractor and Subcontractors will not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest.

Please Note: Failure to comply with the foregoing requirements may result in a finding of non-responsiveness, non-responsibility and/or a breach of the Contract, leading to the withholding of funds, suspension or termination of the Contract or such other actions or enforcement proceedings as allowed by the Contract.

PARTICIPATION OPPORTUNITIES FOR NEW YORK STATE CERTIFIED SERVICE-DISABLED VETERAN-OWNED BUSINESSES:

Article 17-B of the New York State Executive Law provides for more meaningful participation in public procurement by certified Service-Disabled Veteran-Owned Businesses (“SDVOBs”), thereby further integrating such businesses into New York State’s economy. DOCCS recognizes the need to promote the employment of service-disabled veterans and to ensure that certified service-disabled veteran-owned businesses have opportunities for maximum feasible participation in the performance of DOCCS contracts.

In recognition of the service and sacrifices made by service-disabled veterans and in recognition of their economic activity in doing business in New York State, Bidders/Contractors are strongly encouraged and expected to consider SDVOBs in the fulfillment of the requirements of the Contract. Such participation may be as subcontractors or suppliers, as protégés, or in other partnering or supporting roles.

For purposes of this procurement, DOCCS conducted a comprehensive search and determined that the Contract does not offer sufficient opportunities to set specific goals for participation by SDVOBs as subcontractors, service providers, and suppliers to Contractor. Nevertheless, Bidder/Contractor is encouraged to make good faith efforts to promote and assist in the participation of SDVOBs on the Contract for the provision of services and materials. The directory of New York State Certified SDVOBs can be viewed at: https://ogs.ny.gov/veterans/ Bidder/Contractor is encouraged to contact the Office of General Services’ Division of Service-Disabled Veteran’s Business Development at 518-474-2015 or VeteransDevelopment@ogs.ny.gov to discuss methods of maximizing participation by SDVOBs on the Contract.

EXECUTIVE ORDER NUMBER 177:

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 IFB as evidence of compliance with the foregoing and submit with bid.

EXECUTIVE ORDER NUMBER 16:

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 Bidders shall complete the EO16 Certification form located in Attachment 2 as evidence of compliance with the foregoing and submit with bid.

SEXUAL HARASSMENT PREVENTION:

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 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.

GENDER-BASED VIOLENCE AND THE WORKPLACE:

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."

The statement required by New York State Finance Law § 139-M subdivision 1.a 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.

FREEDOM OF INFORMATION LAW / 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 firm’s 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.

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: https://www.osc.ny.gov/state-vendors/portal/enroll-vendor-self-service-portal Form to be completed: https://www.osc.state.ny.us/vendors/forms/ac3237s_fe.pdf

NYS VENDOR RESPONSIBILITY QUESTIONNAIRE:

DOCCS conducts a review of prospective contractors (“Bidders”) to provide reasonable assurances that the Bidder is responsive and responsible. 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.

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 to enroll, go directly to the VendRep System online at https://portal.osc.state.ny.us 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 Contractor must remain a responsible vendor throughout the duration of the contract and, 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. Finally, the contract may be terminated following a finding of non-responsibility.

To assist the State in determining the responsibility of the Bidder, the Bidder 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.

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.

The Contractor shall at all times during the Contract term remain responsible. The Contractor agrees, if requested by the Commissioner of DOCCS or his designee, to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity.

The DOCCS Commissioner or his designee, in his or her sole discretion, reserves the right to suspend any or all activities under this Contract, at any time, when he or she discovers information that calls into question the responsibility of the Contractor. In the event of such suspension, the Contractor will be given written notice outlining the particulars of such suspension.

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