IFB Security Services - 6.29.2026.docx

STATE OF NEW YORK INVITATION FOR BIDS – IFB262705

Invitation for Bids For Security Services

Designated Staff for this Solicitation:

Christine Cerone Hannah Goverman E-mail: contracts@dps.ny.gov

TABLE OF CONTENTS

G. Bid Evaluation H. Contract Award

INTRODUCTION

Purpose The New York State Department of Public Service (Department) is seeking qualified firms to provide security services to handle its needs in Albany and New York City. The Department's objective is to obtain professional, reliable, consistent, accurate, high quality, and timely services at our monthly New York State Public Service Commission (Commission) Session meetings as well as daily services at our Latham office.

Background Due to increasing hostilities directed at the Department and the Commission, security services are required in Albany, Latham, and occasionally, New York City. Events scheduled by the Department, including those for the Commission Sessions, generally occur 12 to 16 times per year. Most of these sessions are held in our Albany office located at 3 Empire State Plaza, Albany NY 12223 but on occasion they may be held at the Department’s New York City office located at 90 Church St., New York, NY 10007.

Commission meetings are scheduled for business hours but may, on occasion, continue past 5:00 p.m. At these events, the members of the Commission will be sitting across the dais while agency staff make formal presentations to them. Members may then ask questions of the presenting staff and engage in comment and colloquy before formally voting on the matter(s) pending before them.

Bidders selected as a result of this solicitation will provide security services for a period of three (3) years, with the option of two (2) one-year renewals, in accordance with the terms and conditions of a contract, which must be approved by the New York State Attorney General’s Office and the Office of the State Comptroller. The bidder should submit a bid that will be fixed for one year, and subject to price adjustments granted annually upon request. (see Section V.H.7).

SCOPE OF SERVICES

General Requirements The Contractor shall furnish all labor and materials required to provide security and related services at all locations designated by the Department. It is expected that security personnel would be responsible for specific tasks, including but not limited to:

Observation and Reporting

· Staff fixed or mobile posts to:

· Provide observation of visitor activity and behaviors, and report suspicious or inappropriate behaviors

· Access control, visitor management, and maintaining order

· Staff fixed posts to:

· provide access control and safety duties such as “wanding” of visitors and inspection of their possessions to detect unauthorized items;

· inspection of DPS staff identification as directed;

· direct visitors to appropriate locations, rooms, and exits.

· Visible deterrence and crime prevention

· Dress in appropriate, recognizable uniforms to:

· Present a professional appearance and visible deterrent to unauthorized access/entry, inappropriate or unlawful behavior, and criminal activity

· Professional requirements

· All security personnel must be NYS certified and trained

· All security personnel must be current or former law enforcement officers

· Upon request, the Department may require that security personnel assigned to a specific event or location be armed.

Notification Requirements Notice to the Contractor by the Department will be provided by e-mail, the Contractor agrees to provide the required services in all such instances. At the time it gives notice to Contractor of the need for services, the Department will communicate, to the extent possible, pertinent information to allow for a reasonable matching by the Contractor of all the services required. The Department shall provide the Contractor electronic notice 24 or more hours in advance of the cancellation of any event for which Contractor’s services had been requested.

Security personnel shall be at the scheduled location a minimum of sixty (60) minutes prior to the scheduled start time and ready to start at the time stated in the notice for the event. Late arrival or failure to arrive will be cause for reconsideration by the Department of whether Contractor is responsible. In the event of such circumstances, the Department reserves the right to use other qualified, responsible Contractors at its discretion. Repeated late arrivals and/or failure to arrive are grounds for termination of Contractor’s services by the Department. Security personnel should be professionally dressed and otherwise conduct themselves appropriately.

COSTS AND COMPENSATION

Payment to Provider Payment shall be issued to and made payable to Contractor within 30 days after delivery of all requested services and presentation of an appropriate invoice to the Department. The invoice must include a brief description of services delivered, and include the provider’s name, address, Federal Tax Identification Number, contract number, and the total amount of the invoice. A properly completed NYS Standard Voucher (AC92) can also be presented in lieu of an invoice.

Payment Arrangements All payment arrangements will be coordinated by the Department’s Finance and Budget Section of the Office of Administration in accordance with State Finance Law and the rules and regulations issued by the State Comptroller. The Prompt Payment Law (State Finance Law Article 11-A) requires that payment will be issued within 30 days of receipt of a proper invoice. Interest charges, based on rates set by the State Tax Commission for corporate taxes, may be charged to the Department beyond the 30-day period.

ADMINISTRATIVE AND BID SUBMISSION INFORMATION

Project Timeline

IFB Inquiries This Invitation for Bids is issued by the New York State Department of Public Service.

All questions, specifying the particular IFB section and paragraph, must be received in writing by the close of business on July 13, 2026. Written questions must be e-mailed to contracts@dps.ny.gov. Written responses to all questions of a substantive nature will be emailed by the Department to all recipients of this IFB by July 27, 2026.

Department Rights All bids submitted to the Department are deemed the property of the Department. By submitting a bid, the bidder covenants not to make any claim of, or have any right to, damages because of misinterpretation or misunderstanding of the IFB specifications or because of any misinformation or lack of information.

In addition, the Department reserves the right to:

7. Accept or reject any and all bids or portions of bids received, including those it determines are not fully responsive to this IFB;

8. Award a contract to one or more bidders per region of New York State;

9. Request bidders to present supplemental information clarifying their bids;

10. Seek clarification of irregularities in bids received after prior notification to bidder;

11. Negotiate with vendors in order to serve the best interests of the State;

12. Amend the specifications after their release with appropriate notice to potential bidders;

13. Alter any schedules or dates specified in this IFB to accommodate changes in existing conditions;

14. Correct any arithmetic errors in any or all bids; and

15. Eliminate mandatory requirements unmet by all bidders.

Bidding Regions

Bid Submission

All bids should include a cover sheet, with the signature of an official authorized to bind the bidder to its provisions, certifying:

· the accuracy of all information in the bid;

· the bidder’s commitment and ability to perform all the work contained in its bid; and

· compliance with all Invitation for Bid requirements.

The cover sheet should include the bidder’s mailing address, name of a contact person, telephone number, and e-mail address. In addition, the cover letter must contain a statement that the bid is a firm offer for a 180-day (or more) period.

All bids must be emailed to contracts@dps.ny.gov no later than 4:00 p.m. on August 7, 2026.

Bids must include all the Mandatory Requirements described in Section V.F below (also see ATTACHMENT 1 – MANDATORY REQUIREMENTS).

The prices included on a bidder’s Bid Tabulation Form(s) must be fixed prices for full service to include all associated photocopying, equipment rental and other overhead expenses or costs.

Bidders must provide reference information by completing the “Past Performance References” form (see ATTACHMENT 1). A minimum of three references must be provided pertaining to the Contractor’s work experience during the period 2021 to date.

Mandatory Requirements The following items contained in ATTACHMENT 1 – MANDATORY REQUIREMENTS must be completed, signed (as applicable), and included in your bid:

16. Proposal Cover Sheet

17. Bidder Information Form

18. Bid Tabulation Forms

19. Past Performance References Form

20. Article 15-A of the Executive Law

Failure by bidder to provide all Mandatory Requirements will be grounds for rejecting a bid.

Bid Evaluation The methodology to be used by the Department to evaluate all bids received by the deadline in response to this IFB will be comprised of three parts:

21. Responsive Bidder: Each bid will first be evaluated to ensure that all Mandatory Requirements have been met; if not, bid will be deemed unacceptable and will be rejected.

22. All acceptable bids will then be further evaluated to assess overall responsiveness to IFB requirements.

· Responsible Bidder: Each acceptable bid will be evaluated in terms of the information provided on the Vendor Responsibility Questionnaire and information obtained as a result of checking the references provided by bidder, to ensure that bidder is responsible (i.e., competent, reliable and financially qualified) and qualified. Poor service history or other invoicing or administrative problems can be sufficient cause to reject a bid.

· Lowest Price Bidder(s): Finally, bids will be evaluated as to lowest price in accordance with the methodology described below:

Bids in each region will be ranked from the lowest to the highest numerically based on the Bid Evaluation Prices. As many as the three lowest priced (highest ranked) bids may be selected per region.

Contract Award In each region, a contract will be awarded to up to three responsible and responsive bidders that comply with all IFB Mandatory Requirements, based upon the relative ranking of the lowest cost bids in each region. The same bidder may qualify for multiple regions.

23. All bidders will be notified in writing of the results of the Department’s selection(s) as soon as practical following receipt and evaluation of bids.

24. The Department and the selected bidder(s) will negotiate a contract that shall be for a term of three years with the option for two one-year renewals.

25. This IFB and each successful bidder’s response will be incorporated as part of the contract.

26. Any contract resulting from this IFB is subject to approval by the Attorney General’s Office and the Office of the State Comptroller.

27. The Department is not authorized to pay any Contractor for services rendered pursuant to such contract prior to Office of the State Comptroller approval.

28. Award of a contract does not guarantee that a firm or person will be requested to perform services.

29. Increases in the Contractor’s prices for services under such contract can only be applied for on an annual basis. Contractor must submit a request in writing to the Department’s Administrative Officer for such increases at least 30 calendar days prior to the anniversary date of the contract along with a justification for the increase and revised “Bid Tabulation Form(s)”, for approval. Any such increases shall not exceed 3.5%.

30. The contract may be cancelled, at Contractor’s expense, when a Contractor becomes unable or incapable of performing the work, or meeting any requirements or qualifications set forth in the contract, or for non-performance, or upon determination by the Department that Contractor is non-responsible (i.e., not competent, reliable, or financially qualified).

31. The Department reserves the right to terminate any contract resulting from this IFB in the event it is found that the certification filed by the Bidder in accordance with New York State Finance Law §139-k was intentionally false or intentionally incomplete. Upon such finding, the Department may exercise its termination right by providing written notification to the Bidder in accordance with the written notification terms of the resulting contract.

32. Bidder agrees to fully and accurately complete the NYS Vendor Responsibility Questionnaire (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 in making that determination. 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, the Department may terminate the contract by providing ten

(10) days written notification to the Contractor. 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.

33. The Department reserves the right to terminate the contract in the event it is found that the certification filed by the Contractor in accordance with Section 5-a of the New York State Tax Law is not timely filed during the term of the contract or the certification filed was intentionally false or intentionally incomplete. Upon such finding, the Department may exercise its termination right by providing written notification to the Contractor.

34. The State shall have the right to terminate the contract early for: (1) unavailability of funds;

(2) cause; or (3) convenience, provided that the State has given written notice to the Contractor no later than thirty (30) days prior to the date of termination, except with respect to the State’s general right to terminate at any time as stated elsewhere in this IFB.

OTHER TERMS AND CONDITIONS

Proprietary Interests A member of Department staff will be assigned to assist the winning bidder with Department- specific questions. Any data and information obtained by the Contractor shall become the sole property of the Department and cannot be used without the express written consent of the Department.

Contractor Assurances

35. The bidder and subsequent Contractor must agree that it will perform its obligations under its contract with the Department in accordance with all applicable Federal, State and local laws, rules and regulations now and hereafter in effect.

36. The bidder and subsequent Contractor must warrant and affirm that the terms of the IFB, its bid and any resultant contract do not violate any contracts or agreements to which it is a party and that its contractual obligations will not adversely influence its capabilities to perform under the contract.

Disclosure Statement

37. Each bidder must disclose any prior or pending lawsuit(s), litigation, or administrative proceedings between the bidder and any governmental body in the State of New York. The nature of the pending or completed action should be described.

38. Each bidder must also identify any litigation, or administrative proceeding(s) to which it is or has been a party that would either:

(1) materially impair its ability to perform the services outlined herein or

(2) materially and adversely affect its financial ability to perform the services outlined herein if decided in an adverse manner.

NYS Standard Contract Terms & Conditions Included as Attachment 2 to this IFB for your information are Appendix A (“Standard Clauses for New York State Contracts”) and Appendix B (“General Specifications), which will be attached to, and made a part of, any contract resulting from this IFB.

ATTACHMENT 1

MANDATORY REQUIREMENTS

Proposal Cover Sheet Bidder Information Form Bid Tabulation Forms Past Performance References Form Article 15-A of the Executive Law

PROPOSAL COVER SHEET

SECURITY SERVICES

IFB # 262705

Proposals must be received by the Department of Public Service by 4:00 PM on May 30, 2025 To: Christine Cerone Hannah Goverman contracts@dps.ny.gov

From: (Company)

(Name of representative/offeror) Company Phone # Fax # E-Mail Address

Required forms needed for successful submission:

· Proposal Cover Sheet

· Bidder Information Form

· Past Performances Form

· Bid Tabulation Forms

Total number of pages, including this cover sheet

BIDDER INFORMATION FORM

Name of Company:

Bidder’s Federal Tax Identification No.:

Bidder’s Address:

Bidder’s Contact Information:

Contact Name:

Contact Phone Number: ( ) ( ) (Toll Free)

Contact Fax Number: ( ) ( ) (Toll Free) Contact E-mail Address:

Your signing below represents that you have the authority to sign on behalf of yourself, your company, or other entity with full knowledge and acceptance of this INVITATION FOR BIDS, Appendix A, Appendix B, and all other attachments.

(Bidder’s Signature)

(Date)

(Bidder’s Printed Name)

BID TABULATION FORM - Commission Sessions/Siting Board Meetings

Company/Bidder Name:

Bidder agrees to provide services in accordance with the IFB specifications (page 8 and 9), for the prices below, and further agrees that these prices are firm for a period of at least 180 days beyond bid date:

[Complete this form leaving no blanks. If an item is not applicable, enter “N/A.” If no charge, enter “0”.]

Price Per Hour

NYS

Region

PAST PERFORMANCE REFERENCES FORM

(Minimum of Three References Required For Work Experience – 2014 To-Date.)

(Bidder/Company Name)

39. Customer Name:

Name of Contact:

Customer Street Address:

City, State & Zip Code:

Phone No/E-mail.:

40. Customer Name:

Name of Contact:

Customer Street Address:

City, State & Zip Code:

Phone No/E-mail.:

41. Customer Name:

Name of Contact:

Customer Street Address:

City, State & Zip Code:

Phone No/E-mail.:

42. Customer Name:

Name of Contact:

Customer Street Address:

City, State & Zip Code:

Phone No/E-mail.:

(Use additional sheets as required.)

ARTICLE 15-A OF THE EXECUTIVE LAW

PARTICIPATION BY MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES: REQUIREMENTS AND PROCEDURES I. General Provisions

A. The Department of Public Service (DPS) is required to implement the provisions of New York State Executive Law Article 15-A and Parts 140-145 of Title 5 of the New York Codes, Rules and Regulations (“NYCRR”) for all State contracts, as defined therein, with a value (1) in excess of $25,000 for labor, services, equipment, materials, or any combination of the foregoing or (2) in excess of $100,000 for real property renovations and construction.

B. The contractor to the subject contract (the “Contractor” and the “Contract,” respectively) agrees, in addition to any other nondiscrimination provision of the Contract and at no additional cost to DPS, to fully comply and cooperate with DPS in the implementation of New York State Executive Law Article 15-A and the regulations promulgated thereunder. These requirements include equal employment opportunities for minority group members and women (“EEO”) and contracting opportunities for New York State-certified minority and women-owned business enterprises (“MWBEs”). The Contractor’s demonstration of “good faith efforts” pursuant to 5 NYCRR § 142.8 shall be a part of these requirements. These provisions shall be deemed supplementary to, and not in lieu of, the nondiscrimination provisions required by New York State Executive Law Article 15 (the “Human Rights Law”) and other applicable federal, state, and local laws.

C. Failure to comply with all of the requirements herein may result in a finding of non- responsiveness, non-responsibility and/or a breach of contract, leading to the assessment of liquidated damages pursuant to Section VII of this Appendix and such other remedies are available to DPS pursuant to the Contract and applicable law.

II. Contract Goals

A. For purposes of this Contract, DPS hereby establishes an overall goal of 30% percent for MWBE participation.

III. Equal Employment Opportunity (“EEO”)

A. The provisions of Article 15-A of the Executive Law and the rules and regulations promulgated thereunder pertaining to equal employment opportunities for minority group members and women shall apply to the Contract.

B. In performing the Contract, the Contractor shall:

1. Ensure that each contractor and subcontractor performing work on the Contract shall undertake or continue existing EEO 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, EEO shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation.

2. If the Contractor, or any of its subcontractors, does not have an existing EEO policy statement, DPS may require the Contractor or subcontractor to adopt a model statement (see Form – Equal Employment Opportunity Policy Statement).

3. The Contractor’s EEO policy statement shall include the following language:

a. The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, age, disability, or marital status, will undertake or continue existing EEO programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force.

b. The Contractor shall state in all solicitations or advertisements for employees that, in the performance of the contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status.

c. The Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union, or representative will not discriminate on the basis of race, creed, color, national origin, sex age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor's obligations herein.

d. The Contractor will include the provisions of Subdivisions (a) through (c) of this Subsection 4 and Paragraph “E” of this Section III, which provides for relevant provisions of the Human Rights Law, in every subcontract in such a manner that the requirements of the subdivisions will be binding upon each subcontractor as to work in connection with the Contract.

C. The Contractor shall comply with the provisions of the Human Rights Law, and all other State and Federal statutory and constitutional non-discrimination provisions. The Contractor and its subcontractors shall 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.

MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES – EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT

M/WBE AND EEO POLICY STATEMENT

I, , the (awardee/contractor) agree to adopt the following policies with respect to the project being developed or services rendered at DPS.

M/WBE

This organization will and will cause its contractors and subcontractors to take good faith actions to achieve the M/WBE contract participations goals set by the State for that area in which the State-funded project is located, by taking the following steps:

(1) Actively and affirmatively solicit bids for contracts and subcontracts from qualified State certified MBEs or WBEs, including solicitations to M/WBE contractor associations.

(2) Request a list of State-certified M/WBEs from DPS and solicit bids from them directly.

(3) Ensure that plans, specifications, request for proposals and other documents used to secure bids will be made available in sufficient time for review by prospective M/WBEs.

(4) Where feasible, divide the work into smaller portions to enhanced participations by M/WBEs and encourage the formation of joint venture and other partnerships among M/WBE contractors to enhance their participation.

(5) Document and maintain records of bid solicitation, including those to M/WBEs and the results thereof. The Contractor will also maintain records of actions that its subcontractors have taken toward meeting M/WBE contract participation goals.

(6) Ensure that progress payments to M/WBEs are made on a timely basis so that undue financial hardship is avoided, and that, if legally permissible, bonding and other credit requirements are waived or appropriate alternatives developed to encourage M/WBE participation.

EEO

(a) This organization will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, age, disability or marital status, will undertake or continue existing programs of affirmative action to ensure that minority group members are afforded equal employment opportunities without discrimination, and shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on state contracts.

(b) This organization shall state in all solicitation or advertisements for employees that in the performance of the State contract all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex disability or marital status.

(c) At the request of the contracting agency, this organization shall request each employment agency, labor union, or authorized representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of this organization’s obligations herein.

(d) The Contractor shall comply with the provisions of the Human Rights Law, all other State and Federal statutory and constitutional non- discrimination provisions. The Contractor and subcontractors shall 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.

(e) This organization will include the provisions of sections (a) through (d) of this agreement in every subcontract in such a manner that the requirements of the subdivisions will be binding upon each subcontractor as to work in connection with the State contract.

Agreed to this day of , 2

By

Print: Title:

is designated as the Minority Business Enterprise Liaison for administering the Minority and Women-Owned Business Enterprises- Equal Employment Opportunity (M/WBE-EEO) program.

ATTACHMENT 2

CONTRACT TERMS AND SPECIFICATIONS

APPENDIX A: Standard Clauses for New York State Contracts APPENDIX B: General Specifications

APPENDIX A

STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS

PLEASE RETAIN THIS DOCUMENT FOR FUTURE REFERENCE.

October 2019

TABLE OF CONTENTS

Page

State Contractors, Affiliates and Subcontractors

STANDARD CLAUSES FOR NYS CONTRACTS

The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party):

1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract.

2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the State’s previous written consent, and attempts to do so are null and void. Notwithstanding the foregoing, such prior written consent of an assignment of a contract let pursuant to Article XI of the State Finance Law may be waived at the discretion of the contracting agency and with the concurrence of the State Comptroller where the original contract was subject to the State Comptroller’s approval, where the assignment is due to a reorganization, merger or consolidation of the Contractor’s business entity or enterprise. The State retains its right to approve an assignment and to require that any Contractor demonstrate its responsibility to do business with the State. The Contractor may, however, assign its right to receive payments without the State’s prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law.

3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $50,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $25,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. Comptroller's approval of contracts let by the Office of General Services is required when such contracts exceed $85,000 (State Finance Law § 163.6-a). However, such pre-approval shall not be required for any contract established as a centralized contract through the Office of General Services or for a purchase order or other transaction issued under such centralized contract.

4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the

Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law.

5. NON-DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment, nor subject any individual to harassment, because of age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or domestic violence victim status or because the individual has opposed any practices forbidden under the Human Rights Law or has filed a complaint, testified, or assisted in any proceeding under the Human Rights Law. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation.

6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. Additionally, effective April 28, 2008, if this is a public work contract covered by Article 8 of the Labor Law, the Contractor understands and agrees that the filing of payrolls in a manner consistent with Subdivision 3-a of Section 220 of the Labor Law shall be a condition precedent to payment by the State of any State approved sums due and owing for work done upon the project.

7. NON-COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139-d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non-collusive bidding certification on Contractor's behalf.

8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2 NYCRR § 105.4).

9. SET-OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller.

10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, the "Records"). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute") provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation.

11. IDENTIFYING INFORMATION AND PRIVACY

NOTIFICATION. (a) Identification Number(s). Every invoice or New York State Claim for Payment submitted to a New York State agency by a payee, for payment for the sale of goods or services or for transactions (e.g., leases, easements, licenses, etc.) related to real or personal property must include the payee's identification number. The number is any or all of the following: (i) the payee’s Federal employer identification number, (ii) the payee’s Federal social security number, and/or

(iii) the payee’s Vendor Identification Number assigned by the Statewide Financial System. Failure to include such number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or Claim for Payment, must give the reason or reasons why the payee does not have such number or numbers.

(b) Privacy Notification. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in the Statewide Financial System by the Vendor Management Unit within the Bureau of State Expenditures, Office of the State Comptroller, 110 State Street, Albany, New York 12236.

12. EQUAL EMPLOYMENT OPPORTUNITIES FOR

MINORITIES AND WOMEN. In accordance with Section 312 of the Executive Law and 5 NYCRR Part 143, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of

$25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then the following shall apply and by signing this agreement the Contractor certifies and affirms that it is Contractor’s equal employment opportunity policy that:

(a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on State contracts and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation;

(b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor's obligations herein; and

(c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status.

Contractor will include the provisions of "a," "b," and "c" above, in every subcontract over $25,000.00 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 Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this clause. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Department of Economic Development’s Division of Minority and Women's Business Development pertaining hereto.

13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control.

14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise.

15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article 11-A of the State Finance Law to the extent required by law.

16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York.

17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond.

18. PROHIBITION ON PURCHASE OF TROPICAL

HARDWOODS. The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of Section 165 of the State Finance Law, (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the responsibility of the contractor to establish to meet with the approval of the State.

In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in § 165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State.

19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles.

20. OMNIBUS PROCUREMENT ACT OF 1992. It is the policy of New York State to maximize opportunities for the participation of New York State…