IFB MASTER TEMPLATE.Switchgearpartial discharge GOUVE.docx

TITLE: ELECTRICAL SWITCHGEAR TESTING PAGE 5

INVITATION FOR BIDS (IFB) # 2025-05-GOV

ELECTRICAL SWITCHGEAR TESTING / PARTIAL DISCHARGE TESTING

Issue Date: 5/07/25 Site Visit Date: 5/19/25 10:00 AM Bidder Questions Due: 5/27/25 Bid Due Date & Time: 6/06/25 11:00 AM Contract Period: 1 Year

IMPORTANT: SEE NOTICE TO BIDDERS CLAUSES HEREIN

E-Mail or Facsimile Bid Submissions are NOT Acceptable

Gouverneur Correctional Facility 112 Scotch Settlement RD, Gouverneur, NY 13642 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/

(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:

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.

CHECKLIST FOR IFB #2025-05-GOV______

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

|_| MWBE / EEO / SDVOB Forms as applicable (see pages 8-12) Forms available at: https://doccs.ny.gov/procurement-opportunities

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

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) Gouverneur 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 Gouverneur 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 Gouverneur 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 IFB #2025-05-GOV, 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 Gouverneur Correctional Facility 112 Scotch Settlement Road, Gouverneur, NY 13642

· 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 Harry Mitchell at (315) 287-7351 or by email harry.mitchell@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 incoming 13.2kV Utility electrical services. The incoming switchboard consists of 7 cube powercon switchgear consist of main power supply air switch PS-1. Generator control and incoming power PF-4. Generator transfer air switchPF-4.3 Power feeder air switches PF-1, PF-2, and PF-3.

(17) Pad mounted switchgear

(19) pad mounted transformers

(1) Fire pump transfer switch BLD.#28

(48) Electrical manholes maintenance will open for partial discharging testing

Contractor to provide portable generators and connect to all critical buildings to maintain power while performing service work. The hours of work will be coordinated by the facility representative.

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.

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 20 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.

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.

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)

INQUIRIES / ISSUING OFFICE:

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

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

All questions should be submitted in writing no later than (5/27/25), 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:

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

PROCUREMENT LOBBYING TERMINATION:

NYSDOCCS –Gouverneur 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 – Gouverneur 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 – Gouverneur 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 Gouverneur Correctional Facility and the Office of the State Comptroller encourages vendors to seek resolution of disputes through consultation with NYS DOCCS –Gouverneur 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 Amended April 26, 2006 (Appendix 2):

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.

MERCURY-ADDED CONSUMER PRODUCTS:

Offerors are advised that effective January 1, 2005, Article 27, Title 21 of the Environmental Conservation Law bans the sale or distribution free of charge of fever thermometers containing mercury except by prescription written by a physician and bans the sale or distribution free of charge of elemental mercury other than for medical pre-encapsulated dental amalgam, research, or manufacturing purposes due to the hazardous waste concerns of mercury. The law further states that effective July 12, 2005, manufacturers are required to label mercury-added consumer products that are sold or offered for sale in New York State by a distributor or retailer. The label is intended to inform consumers of the presence of mercury in such products and of the proper disposal or recycling of mercury-added consumer products. Offerors are encouraged to contact the

Department of Environmental Conservation, Bureau of Solid Waste, Reduction & Recycling at (518) 402-8705 or the Bureau of Hazardous Waste Regulation at 1-800-462-6553 for questions relating to the law. Offerors may also visit the Department's web site for additional information: http://www.dec.ny.gov/chemical/8512.html

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 April 2016, 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

Business Participation Opportunities for MWBEs

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.

Business Participation Opportunities for MWBEs.

For purposes of this solicitation, DOCCS hereby establishes an overall goal of 15 percent for MWBE participation, 15 percent for New York State-certified Minority-owned Business Enterprise (“MBE”) participation and 0 percent for New York State-certified Women-owned Business Enterprise (“WBE”) participation (based on the current availability of MBEs and WBEs). A contractor (“Contractor”) on any contract resulting from this procurement (“Contract”) must document its good faith efforts to provide meaningful participation by MWBEs as subcontractors and suppliers in the performance of the Contract. To that end, by submitting a response to this IFB, the bidder agrees that DOCCS may withhold payment pursuant to any Contract awarded as a result of this IFB pending receipt of the required MWBE documentation. The directory of MWBEs can be viewed at: https://ny.newnycontracts.com. For guidance on how DOCCS will evaluate a Contractor’s “good faith efforts,” refer to 5 NYCRR § 142.8.

The bidder understands that only sums paid to MWBEs for the performance of a commercially useful function, as that term is defined in 5 NYCRR § 140.1, may be applied towards the achievement of the applicable MWBE participation goal.

The portion of a contract with an MWBE serving as a broker that shall be deemed to represent the commercially useful function performed by the MWBE shall be 25 percent of the total value of the contract.

In accordance with 5 NYCRR § 142.13, the bidder further acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in a Contract resulting from this solicitation, such finding constitutes a breach of contract and DOCCS may withhold payment as liquidated damages.

Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and (2) all sums actually paid to MWBEs for work performed or materials supplied under the Contract.

By submitting a bid or proposal, a bidder agrees to demonstrate its good faith efforts to achieve the applicable MWBE participation goals by submitting evidence thereof through the New York State Contract System (“NYSCS”), which can be viewed at https://ny.newnycontracts.com, provided, however, that a bidder may arrange to provide such evidence via a non-electronic method by contacting the designated contact(s) for this procurement. Additionally, a bidder will be required to submit the following documents and information as evidence of compliance with the foregoing:

1. An MWBE Utilization Plan with their bid or proposal. Any modifications or changes to an accepted MWBE Utilization Plan after the Contract award and during the term of the Contract must be reported on a revised MWBE Utilization Plan and submitted to DOCCS for review and approval.

DOCCS will review the submitted MWBE Utilization Plan and advise the bidder of DOCCS acceptance or issue a notice of deficiency within 30 days of receipt.

2. If a notice of deficiency is issued, the Bidder will be required to respond to the notice of deficiency within seven (7) business days of receipt by submitting to DOCCS, a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by DOCCS to be inadequate, DOCCS shall notify the Bidder and direct the Bidder to submit, within five (5) business days, a request for a partial or total waiver of MWBE participation goals. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal.

DOCCS may disqualify a Bidder as being non-responsive under the following circumstances:

a) If a bidder fails to submit an MWBE Utilization Plan;

The successful Bidder will be required to submit a quarterly M/WBE Contractor Compliance & Subcontractor Payment Report to DOCCS, by the 10th day following each end of quarter as applicable over the term of the Contract documenting the progress made toward achievement of the MWBE goals of the Contract.

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 (“SDVOB”), thereby further integrating such businesses into New York State’s economy. Department of Corrections and Community Supervision (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 are 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.

I. Contract Goals A. DOCCS hereby establishes an overall goal of 6% for SDVOB participation, based on the current availability of qualified SDVOBs. For purposes of providing meaningful participation by SDVOBs, the Bidder/Contractor should reference the directory of New York State Certified SDVOBs found at: https://ogs.ny.gov/veterans/. Questions regarding compliance with SDVOB participation goals should be directed to the DOCCS Designated Contacts. Additionally, following Contract execution, Contractor is encouraged to contact the Office of General Services’ Division of Service-Disabled Veterans’ Business Development at 518-474-2015 or VeteransDevelopment@ogs.ny.gov to discuss additional methods of maximizing participation by SDVOBs on the Contract.

B. Contractor must document “good faith efforts” to provide meaningful participation by SDVOBs as subcontractors or suppliers in the performance of the Contract (see clause IV below).

II. SDVOB Utilization Plan A. In accordance with 9 NYCRR § 252.2(i), Bidders are required to submit a completed SDVOB Utilization Plan on Form SDVOB 100 with their bid.

B. The Utilization Plan shall list the SDVOBs that the Bidder intends to use to perform the Contract, a description of the work that the Bidder intends the SDVOB to perform to meet the goals on the Contract, the estimated dollar amounts to be paid to an SDVOB, or, if not known, an estimate of the percentage of Contract work the SDVOB will perform. By signing the Utilization Plan, the Bidder acknowledges that making false representations or providing information that shows a lack of good faith as part of, or in conjunction with, the submission of a Utilization Plan is prohibited by law and may result in penalties including, but not limited to, termination of a contract for cause, loss of eligibility to submit future bids, and/or withholding of payments. Any modifications or changes to the agreed participation by SDVOBs after the Contract award and during the term of the Contract must be reported on a revised SDVOB Utilization Plan and submitted to DOCCS.

C. DOCCS will review the submitted SDVOB Utilization Plan and advise the Bidder/Contractor of DOCCS acceptance or issue a notice of deficiency within 20 days of receipt.

D. If a notice of deficiency is issued, Bidder/Contractor agrees that it shall respond to the notice of deficiency, within seven business days of receipt, by submitting to DOCCS a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by DOCCS to be inadequate, DOCCS shall notify the Bidder/Contractor and direct the Bidder/Contractor to submit, within five business days of notification by DOCCS, a request for a partial or total waiver of SDVOB participation goals on SDVOB 200. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal.

E. DOCCS may disqualify a Bidder’s bid or proposal as being non-responsive under the following circumstances:

F. If awarded a Contract, Contractor certifies that it will follow the submitted SDVOB Utilization Plan for the performance of SDVOBs on the Contract pursuant to the prescribed SDVOB contract goals set forth above.

G. Contractor further agrees that a failure to use SDVOBs as agreed in the Utilization Plan shall constitute a material breach of the terms of the Contract. Upon the occurrence of such a material breach, DOCCS shall be entitled to any remedy provided herein, including but not limited to, a finding of Contractor non-responsibility.

B. In accordance with 9 NYCRR § 252.2(m), a Bidder/Contractor that is able to document good faith efforts to meet the goal requirements, as set forth in clause IV below, may submit a request for a partial or total waiver on Form SDVOB 200, accompanied by supporting documentation. A Bidder may submit the request for waiver at the same time it submits its SDVOB Utilization Plan. If a request for waiver is submitted with the SDVOB Utilization Plan and is not accepted by DOCCS at that time, the provisions of clauses II (C), (D) & (E) will apply. If the documentation included with the Bidder’s/Contractor’s waiver request is complete, DOCCS shall evaluate the request and issue a written notice of acceptance or denial within 20 days of receipt.

C. Contractor shall attempt to utilize, in good faith, the SDVOBs identified within its SDVOB Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract award may be made at any time during the term of the Contract to DOCCS, but must be made no later than prior to the submission of a request for final payment on the Contract.

D. If DOCCS, upon review of the SDVOB Utilization Plan and Monthly SDVOB Compliance Report (SDVOB 101) determines that Contractor is failing or refusing to comply with the contract goals and no waiver has been issued in regards to such non-compliance, DOCCS may issue a notice of deficiency to the Contractor. The Contractor must respond to the notice of deficiency within seven business days of receipt. Such response may include a request for partial or total waiver of SDVOB contract goals.

Waiver requests should be sent to DOCCS.

IV. Required Good Faith Efforts In accordance with 9 NYCRR § 252.2(n), Contractors must document their good faith efforts toward utilizing SDVOBs on the Contract. Evidence of required good faith efforts shall include, but not be limited to, the following:

V. Monthly SDVOB Contractor Compliance Report In accordance with 9 NYCRR § 252.2(q), Contractor is required to report Monthly SDVOB Contractor Compliance to DOCCS during the term of the Contract for the preceding month’s activity, documenting progress made towards achieving the Contract SDVOB goals. This information must be submitted using form SDVOB 101 available on the DOCCS website and should be completed by the Contractor and submitted to DOCCS, by the 10th day of each month during the term of the Contract, for the preceding month’s activity to: MWBE@doccs.ny.gov.

This information must be submitted using form SDVOB 101 available on the DOCCS website https://doccs.ny.gov/procurement-opportunities and should be completed by the Contractor and submitted to DOCCS, by the 10th day of each month during the term of the Contract, for the preceding month’s activity to: MWBE-SDVOB@doccs.ny.gov.

ALL FORMS ARE AVAILABLE AT: https://doccs.ny.gov/procurement-opportunities

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.