IFB #Z-136 Copado DevOps.pdf

Harriman State Office Campus 1220 Washington Avenue

Building 12, Room 465 Albany, NY 12226

INVITATION FOR BIDS COVER PAGE 1

BIDS MAY BE SENT TO THE ABOVE ADDRESS ONLY

(Email Bid Submissions Are NOT Acceptable)

BID OPENING

DATE: August 26, 2026

TIME: 2:00 PM EST

TITLE:

Copado DevOps Platform

INVITATION FOR BIDS NUMBER:

Z-136

SPECIFICATION REFERENCE:

As Incorporated in the Invitation for Bids (IFB)

CONTRACT PERIOD: Upon execution of contract for a period of two (2) years.

DESIGNATED CONTACT

Lia Higgins, Contract Management Specialist 1 Patricia Lohrer-Lefebvre, Contract Management Specialist 2 Email Address: labor.sm.DOLpurchase.contracts@labor.ny.gov

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), 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 the NYSDOL procedures relative to permissible contacts as required by State Finance Law §139-j (3) and §139-j (6) (b). Information may be accessed at: https://ogs.ny.gov/acpl/procurement-lobbying-law

Bidder’s Federal Tax Identification Number:

(Do Not Use Social Security Number) NYS Vendor Identification Number:

(See “New York State Vendor File Registration” clause)

Legal Business Name of Company Bidding:

D/B/A - Doing Business As (if applicable):

Street City State Zip County

Bidder’s Signature:

Title:

Printed or Typed Name:

Date:

Phone : ( ) - ext ( ) Toll Free Phone : ( ) - ext ( ) Fax : ( ) - ext ( ) Toll Free Fax : ( ) - ext ( ) E-mail Address: Company Web Site:

mailto:DOLpurchase.contracts@labor.ny.gov https://ogs.ny.gov/acpl/procurement-lobbying-law

COVER PAGE 2

Bidder Certification and Affirmation

Bidder certifies and affirms as follows:

1. This Bid is an irrevocable offer for 180 days from the date of submission to the New York State Department of Labor (“NYSDOL”), or for such longer period as is set forth in the Solicitation.

2. The Bidder can and will provide and make available, at a minimum, the Products, deliverables and/or services as described in the Solicitation.

3. The Bidder has read and understands the provisions of the Solicitation, and all Appendices, Attachments, and Exhibits attached thereto, including Appendix A, Standard Clauses for New York State Contracts and Appendix GTC, General Terms and Conditions.

4. The information contained in this Bid is complete, true, and accurate.

5. The Bidder understands and agrees to comply with the requirements of the Procurement Lobbying Law, State

Finance Law § 139-j and § 139-k, and with NYSDOL’s procedures relating to permissible contacts during a procurement as required by State Finance Law § 139-j (3) and § 139-j (6)(b). Such requirements and procedures are posted at https://ogs.ny.gov/acpl/procurement-lobbying-law

The signer affirms under penalties of perjury that he or she is duly authorized to legally bind the Bidder referenced above and that he or she signed this Bidder Certification as the legally binding act of the Bidder.

Print Full Bidder Entity Name (Legal Business Name)

By:

Signature of Person Authorized to Legally Bind the Bidder

Print Name of Signatory

Print Title of Signatory

Date

Return Cover Pages 1 and 2 as part of the Bid or No Bid https://ogs.ny.gov/acpl/procurement-lobbying-law

IFB Z-136, Copado DevOps Platform

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Table of Contents

SECTION 1. INTRODUCTION

1.1 Definitions

1.2 Key Events/Dates

1.3 Contract Term

1.4 Amendments, Announcements, and Clarifications

1.5 Response to Bidder Questions and Request for Clarifications

1.6 Description of the NYS Department of Labor

1.7 Purpose

1.8 New York State Vendor File Registration

SECTION 2. MANDATORY ELIGIBILITY

2.1 Bidder Certification of Services Requirements and Contract Terms

SECTION 3. SCOPE OF WORK & SPECIFICATIONS

3.1 Mandatory Requirements

3.2 General Requirements

SECTION 4. ADMINISTRATIVE TERMS AND CONDITIONS

4.1 Period of Validity

4.2. Minority and Women-Owned Business Enterprise/Service-Disabled Veteran-Owned Business Requirements

4.3 New York State Procurement Rights

4.4 Notification of Awards

4.5 Bidder Debriefing

4.6 Proposal Security

4.7 Liquidated Damages

SECTION 5. FORMAT AND CONTENT OF BID SUBMITTAL

5.1 Overview

5.2 Technical Proposal

5.3 Cost Proposal

5.4 Administrative Proposal

SECTION 6. SUBMISSION OF PROPOSAL

SECTION 7. EVALUATION CRITERIA

7.1 Method of Award

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7.2 Evaluation Process

7.3 Tiebreaker

SECTION 8. ATTACHMENTS & APPENDICES

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SECTION 1. INTRODUCTION

1.1 Definitions

“Acceptance or Accepted” shall mean written determination by NYSDOL that a deliverable or service, including all of components thereof, satisfies all applicable acceptance criteria without increasing the agreed upon bid price. This includes successful completion of all testing, demonstrating that the deliverable functions and performs in accordance with all specifications and requirements set forth in the IFB.

“Agreement or Contract” shall mean the writings that contain the Agreement (Contract) of NYSDOL and the Contractor setting forth the total legal obligation between the parties as determined by applicable rules of law.

“Agency Representative” shall mean the authorized representative of the Department of Labor.

“Bid or Proposal” shall mean a response to the IFB submitted by a Bidder to provide products/services.

“Bidder/Offeror” shall mean those companies or individuals who respond to NYSDOL’s request for solutions to its present needs.

“Contractor” shall mean the vendor who (upon contract award, approval, and execution) is the successful Bidder awarded the contract.

“EST” shall mean Eastern Standard Time.

“Invitation for Bid (IFB)” is this Bid Document inclusive of all Appendices and Attachments.

“Mandatory” refers to items or information that the State has deemed that a Bidder must submit as compulsory, required, and obligatory. These items or information are noted as such, or the requirements may be phrased in terms of “must”, “shall”, “will”, or “required”. Mandatory requirements must be met by the Bidder for the Bidder’s submission to be considered responsive.

“MBE” is abbreviation for and shall mean Minority Owned Business Enterprise

“Must” denotes the imperative in a Contract clause or specification. Means required, being determinative/Mandatory, as well as imperative. Also see “Shall” and “Mandatory.”

“NYSDOL/the Department” shall mean the New York State Department of Labor

“OSC” is the abbreviation for and shall mean Office of the New York State Comptroller.

“Product” shall mean items or deliverables under any Solicitation or Contract/Agreement and may include commodities, services, and technology.

“Responsive Bidder” shall mean a Bidder meeting the specifications and requirements of this IFB, as determined by NYS Department of Labor.

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“SDVOB” is abbreviation for and shall mean Service-Disabled Veteran-Owned Businesses.

“Shall” denotes the imperative in a Contract clause or specification. Means required being determinative/Mandatory, as well as imperative.

“Should” Denotes the permissive in a Contract clause or specification. Refers to items or information that the State has deemed are worthy of obtaining, but not required or obligatory (ex., desired or preferred). Also see “May”.

“Subcontractor” shall mean any individual or legal entity (including but not limited to sole-proprietor, partnership, limited liability company, firm, or corporation) who has entered into a Contract, express or implied, for the performance of a portion of a Contract with a Contractor.

“WBE” is abbreviation for and shall mean Woman-Owned Business Enterprise.

1.2 Key Events/Dates

EVENT DATE TIME

IFB Release August 5, 2026

Deadline Date for Questions August 12, 2026 2:00 PM, EST Anticipated Responses to Questions August 17, 2026

Deadline for Bid Submission August 26, 2026 2:00 PM, EST Anticipated Notification of Award August 27, 2026

Anticipated Contract Start Date November 1, 2026

1.3 Contract Term

The term shall commence upon applicable control agencies’ approval and shall be for a period of two (2) years.

1.4 Amendments, Announcements, and Clarifications

It is the responsibility of the Bidder to check the website for any amendments, announcements, and clarifications. All applicable amendment information must be incorporated into the Bid. Failure to include this information in the Bid may result in the Bid being deemed non-responsive. All amendments, announcements, and clarifications related to this IFB will be issued on NYS Contract Reporter web page:

https://www.nyscr.ny.gov.

1.5 Response to Bidder Questions and Request for Clarifications All questions/inquiries and/or clarifications concerning this solicitation shall be addressed to NYSDOL designated contact whose name appears under the “Designated Contact” appearing on the cover page of this IFB. All questions should be submitted in writing, in a Microsoft Word Document, citing the particular IFB Section and paragraph number. Bidders should note that all clarifications are to be resolved prior to the submission of a Proposal.

https://www.nyscr.ny.gov/

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Questions/inquiries and/or requests for clarification are only accepted via e-mail, and should be submitted to the following e-mail address with the subject line of “IFB Z-136, Question/Inquiry”:

labor.sm.DOLPurchase.Contracts@labor.ny.gov. Bidders should bring forward terms & conditions of the IFB or Appendix GTC that would prohibit a bidder from submitting a proposal. This process may not be used to negotiate material changes to the terms & conditions and any such material changes will not be accepted by NYSDOL. Answers to all questions of a substantive nature will be given to all Bidders, which will be annexed to and become part of the resultant Agreement. See Section 1.2 for deadline to submit questions. Responses to Bidder questions and requests for clarifications will also be posted on NYS Contract Reporter website: https://www.nyscr.ny.gov.

1.6 Description of the NYS Department of Labor

NYSDOL is New York State’s primary advocate for job creation and economic growth through workforce development. NYSDOL administers New York’s unemployment insurance system and labor exchange system to connect job seekers with employers and build a workforce that helps New York’s businesses compete in today’s global economy. NYSDOL also oversees state worker protection programs, including enforcement of safety and health regulations in the public sector, state labor laws and federal statutes related to working conditions, wages and hours, and laws related to Public Work. NYSDOL serves as the State’s principal source for labor market information and offers a variety of services designed to help businesses find workers and people find jobs. Additional information regarding NYSDOL can be found at https://dol.ny.gov.

1.7 Purpose

New York State Department of Labor (NYSDOL) is releasing this Invitation for Bid (IFB) to seek bids from responsive and responsible vendors who can provide Copado DevOps Platform and associated tools necessary for establishing and managing its operations within a specialized government cloud environment. Copado is a Salesforce DevOps tool that provides our DOL Salesforce Customer Relationship Management team with a centralized version control and deployment platform that eliminates manual org management and reduces the risk of configuration conflicts across our development, staging, and production environments. By automating our deployment pipeline, Copado accelerates our release cycles and ensures that org changes are tracked, tested, and deployed consistently without human error. This solution enables our team to collaborate more effectively on Salesforce customizations, maintain a clear audit trail of all changes, and respond faster to business requirements while maintaining data integrity and compliance standards.

By submitting a bid, the bidder is certifying that it is capable of delivering the required product in the form, function, and utility required by this IFB.

1.8 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.

mailto:labor.sm.DOLPurchase.Contracts@labor.ny.gov https://www.nyscr.ny.gov/ https://dol.ny.gov/

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If Bidder is already registered in the New York State Vendor File, list the ten–digit vendor id number on the first page of this bid document. 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, complete the enclosed OSC Substitute W-9 Form and submit it with your bid. 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 New York State Department of Labor. The Department of Labor will initiate the vendor registration process for all Bidders recommended for Contract Award and their authorized resellers. Once the process is initiated, registrants will receive an email from OSC that includes the unique ten-digit vendor identification number assigned to the company and instructions on how to enroll in the online Vendor Self-Service application.

For more information on the vendor file please visit the following website:

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

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SECTION 2. MANDATORY ELIGIBILITY

The Bidder must meet the following minimum qualification to be eligible to bid.

The Bidder must be the manufacturer of Copado DevOps Platform or an authorized reseller of Copado DevOps Platform.

Bidders are advised that the State's intent in having these requirements is to ensure that only qualified and reliable Contractor(s) perform the work of the resulting Contract(s). Any Bidder failing to submit in whole or in part, adequate justification attesting to its qualifications may result the proposal being considered non-responsive.

2.1 Bidder Certification of Services Requirements and Contract Terms Bidders must submit Attachment 2 -Bidder Certified Statements, documenting that they are able to provide all required products as described within the IFB and is willing to enter into a contract agreement substantially in accordance with the contract terms of Appendix GTC - General Terms and Conditions, and the IFB should the Bidder be selected for contract award.

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SECTION 3. SCOPE OF WORK & SPECIFICATIONS

3.1 Mandatory Requirements

• The vendor must be able to provide the products in the quantities outlined in the Attachment 4 – Cost Proposal.

• The vendor must provide products for a two (2) year term that spans from November 1, 2026 through October 31, 2028.

• The vendor must provide Workers Compensation and Disability Insurance as outlined in the Appendix GTC – General Terms and Conditions.

3.2 General Requirements

A. Prospective bidders should note that the Appendix A – Standard Clauses for New York State

Contracts shall apply to this IFB.

B. No illegal drug use of any type, nor alcoholic beverages by the Contractor or its personnel shall be permitted in the performance of the contract.

C. The Department of Labor’s interpretation of specifications shall be final and binding upon the

Contractor.

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SECTION 4. ADMINISTRATIVE TERMS AND CONDITIONS

In addition to the terms and conditions set forth in Appendix A - Standard Clauses for New York State Contracts and Attachment GTC - Terms and Conditions, the following Terms and Conditions apply to all Bidders responding to this IFB.

4.1 Period of Validity

Each Bidder’s Proposal must include a statement as to the period during which the provisions (including cost) of its Proposal will remain valid. A minimum of one hundred and eighty (180) days from the Deadline for Receipt of Proposals is required.

4.2. Minority and Women-Owned Business Enterprise/Service-Disabled Veteran-Owned Business Requirements 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, NYSDOL recognizes its obligation under the law to promote opportunities for 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 NYSDOL Contracts.

Business Participation Opportunities for MWBEs For purposes of this solicitation, NYSDOL hereby establishes an overall goal of 30% for MWBE participation, 15% for NYS certified minority-owned business enterprises (“MBE”) participation and 15% for NYS certified women-owned business enterprises (“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 or suppliers in the performance of the Contract. To that end, by submitting a response to this IFB, the Bidder agrees that NYSDOL 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 NYSDOL 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 Contractor 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 https://ny.newnycontracts.com/

P a g e | 10 resulting from this IFB, such finding constitutes a breach of Contract and NYSDOL 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 on the Contract (“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 ny.newnycontracts.com, provided, however, that a Bidder may arrange to provide such evidence via a non-electronic method by contacting:

NYS Department of Labor Purchase and Contracts, MWBE Administrator Harriman State Office Campus 1220 Washington Avenue Building 12, Room 465-469 Albany, NY 12226 Tel: 518-474-2678

Please note that the NYSCS is a one-stop solution for all of your MWBE and Article 15-A Contract requirements.

Additionally, a Bidder will be required to submit the following documents and information as evidence of compliance with the foregoing:

A. Appendix MWBE-4, MWBE 100, 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 NYSDOL for review and approval.

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

B. 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 NYSDOL, a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by NYSDOL to be inadequate, NYSDOL 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.

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

A. If a Bidder fails to submit a MWBE Utilization Plan (Appendix MWBE-4);

B. If a Bidder fails to submit a written remedy to a notice of deficiency;

C. If a Bidder fails to submit a Request for Waiver - Form MWBE 101 (Appendix MWBE-5); or D. If NYSDOL determines that the Bidder has failed to document good faith efforts.

https://ny.newnycontracts.com/

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The Contractor will be required to attempt to utilize, in good faith, any MBE or WBE identified within its MWBE 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 NYSDOL but must be made no later than prior to the submission of a request for final payment on the Contract.

The Contractor will be required to submit a MWBE Quarterly Compliance Report – Form EEO 101 to NYSDOL by the 10th day following each end of quarter 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/Contractor 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 Contractor 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 Contractor, 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 Enterprises and Equal Employment Opportunity Policy Statement (Appendix MWBE-1) to NYSDOL with its Bid or Proposal.

To ensure compliance with this Section, the Bidder will be required to submit with the Bid or Proposal an Equal Employment Opportunity Staffing Plan – Form EEO 100 (Appendix MWBE-2) identifying the anticipated work force to be utilized on the Contract. 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 NYSDOL on a quarterly basis 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, gender identity or expression, 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

P a g e | 12 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 (SDVOB)

Veterans’ Services Law Article 3 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. NYSDOL 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 NYSDOL Contracts.

In recognition of the service and sacrifices made by service-disabled veterans and in recognition of their economic activity in doing business in NYS, 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 NYSDOL 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://online.ogs.ny.gov/SDVOB/search. Questions regarding compliance with SDVOB participation goals should be directed to NYS Department of Labor, SDVOB Administrator, Purchase and Contracts, Harriman State Campus, 1220 Washington Ave, Bldg.12, Room 465, Albany, NY 12226.

Email: Labor.sm.SDVOBAdmin@labor.ny.gov; Phone: 518-474-2678; Fax: 518-457-0620. 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.

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 – Appendix SDVOB-1 A. In accordance with 9 NYCRR § 252.2(i), Bidders are required to submit a completed SDVOB

Utilization Plan - Appendix SDVOB-1 with their Bid.

B. The Appendix SDVOB-1 – SDVOB 100 SDVOB 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 Appendix SDVOB-1 – SDVOB 100 SDVOB 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 https://online.ogs.ny.gov/SDVOB/search mailto:Labor.sm.SDVOBAdmin@labor.ny.gov;

mailto:VeteransDevelopment@ogs.ny.gov

P a g e | 13 reported on a revised Appendix SDVOB-1 – SDVOB 100 SDVOB Utilization Plan and submitted to

NYSDOL.

C. NYSDOL will review the submitted SDVOB Utilization Plan and advise the Bidder/Contractor of

NYSDOL’s 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 NYSDOL a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by NYSDOL to be inadequate, NYSDOL shall notify the Bidder/Contractor and direct the Bidder/Contractor to submit, within five business days of notification by NYSDOL, a request for a partial or total waiver of SDVOB participation goals - Appendix SDVOB-3. Failure to file the waiver form in a timely manner may be grounds for disqualification of the Bid or Proposal.

E. NYSDOL may disqualify a Bidder’s Bid or Proposal as being non-responsive under the following circumstances:

1. If a Bidder fails to submit an SDVOB Utilization Plan;

2. If a Bidder fails to submit a written remedy to a notice of deficiency;

3. If a Bidder fails to submit a request for waiver; or

4. If NYSDOL determines that the Bidder has failed to document good-faith efforts.

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, NYSDOL shall be entitled to any remedy provided herein, including but not limited to, a finding of Contractor non-responsibility.

III. Request for Waiver – Appendix SDVOB-3 A. Prior to submission of a request for a partial or total waiver, Bidder/Contractor shall speak to the

SDVOB Administrator at NYSDOL for guidance.

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 Appendix SDVOB-3, 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 NYSDOL 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, NYSDOL 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 NYSDOL but must be made no later than prior to the submission of a request for final payment on the Contract.

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D. If NYSDOL, 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 regard to such non-compliance, NYSDOL 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.

E. Waiver requests should be sent to New York State Department of Labor, Purchase and Contracts, SDVOB Administrator, Harriman State Campus, 1220 Washington Ave., Bldg. 12, Room 465, Albany, NY 12226.

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:

A. Copies of solicitations to SDVOBs and any responses thereto.

B. Explanation of the specific reasons each SDVOB that responded to Bidders/Contractors’ solicitation was not selected.

C. Dates of any pre-bid, pre-award or other meetings attended by Contractor, if any, scheduled by

NYSDOL with certified SDVOBs whom NYSDOL determined were capable of fulfilling the SDVOB goals set in the Contract.

D. Information describing the specific steps undertaken to reasonably structure the Contract scope of work for the purpose of Subcontracting with, or obtaining supplies from, certified SDVOBs.

E. Other information deemed relevant to the waiver request.

V. Monthly SDVOB Contractor Compliance Report – Appendix SDVOB-2 In accordance with 9 NYCRR § 252.2(q), Contractor is required to report Monthly SDVOB Contractor Compliance Report – SDVOB 101 to NYSDOL 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 NYSDOL’s website and should be completed by the Contractor and submitted to NYSDOL, by the 10th day of each month during the term of the Contract, for the preceding month’s activity to: New York State Department of Labor, SDVOB Administrator, Purchase and Contracts, Harriman State Campus, 1220 Washington Ave., Bldg. 12, Room 465, Albany, NY 12226. Email: Labor.sm.SDVOBAdmin@labor.ny.gov; Phone: 518-474-2678; Fax: 518- 457-0620.

VI. Breach of Contract and Damages In accordance with 9 NYCRR § 252.2(s), any Contractor found to have willfully and intentionally failed to comply with the SDVOB participation goals set forth in the Contract, shall be found to have breached the Contract and Contractor shall pay damages as set forth therein.

4.3 New York State Procurement Rights

New York State reserves the right to:

A. Adjust any bidder's expected costs based on a determination of the evaluation committee that the selection of the said bidder will incur additional costs by the State.

B. Utilize any and all ideas submitted in the proposals received.

C. Adopt all or any part of a bidder's proposal in selecting the optimum configuration.

mailto:Labor.sm.SDVOBAdmin@labor.ny.gov

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D. Negotiate with bidders responding to this IFB within the IFB requirements to serve the best interests of the State.

E. Should the State of New York be unsuccessful in negotiating a contract with the selected contractor within 45 days, the State may begin contract negotiations with another bidding contractor in order to serve the best interest of the State of New York.

F. Select and award the contract to other than the lowest bidder in the event of unsuccessful negotiations.

G. Withdraw the IFB at any time, at NYSDOL’s sole discretion.

4.4 Notification of Awards

The successful bidder shall be advised by email via labor.sm.DOLPurchase.Contracts@labor.ny.gov

4.5 Bidder Debriefing

Unsuccessful bidders shall be notified upon Notice of Award to the winning Contractor(s). If requested, unsuccessful bidders shall be provided with the basis for the finding that the bid was unacceptable. See Appendix GTC for detail information on Bidder Debriefing.

4.6 Proposal Security

The content of each bidder's proposal will be held in strict confidence during the bid evaluation process, and details of a proposal will not be revealed (except as may be required under the Freedom of Information Law or other State Law).

4.7 Liquidated Damages

If the Bidder/Contractor fails to complete services in accordance with specifications or within the times specified herein it is understood, and the Bidder/Contractor hereby agrees that the amount of two (2) percent of the contracted value per day up to the value of contracted equipment and services shall be deducted from the monies due the Bidder/Contractor for each intervening calendar day, not as a penalty, but as liquidated damages.

mailto:labor.sm.DOLPurchase.Contracts@labor.ny.gov

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SECTION 5. FORMAT AND CONTENT OF BID SUBMITTAL

Proposals are due in their entirety at the time and date specified in Section 1.2. Proposals received in whole or in part after this deadline shall be considered non-responsive and will not be subject to evaluation.

All Proposals and accompanying documentation will become the property of NYSDOL and will not be returned. The content of each Bidder’s Proposal will be held in strict confidence during the Bid evaluation process, and no details of any Proposal will be discussed outside the evaluation process.

The successful Bidder’s Proposal and the IFB will be made part of the Agreement. Therefore, an official authorized to commit the company to an Agreement must sign the Proposal.

5.1 Overview

This section identifies the information that all Bidders must include in their Proposals to NYSDOL.

A uniform Proposal format is required so that NYSDOL can fairly evaluate all Proposals. For each item listed below, please respond in order and provide the material required.

For the purposes of evaluation, each Proposal must be submitted in three (3) parts.

• Part I - Technical Proposal consists of:

o Cover Pages 1 and 2 of this IFB o Attachment 2 - Bidder Certified Statements

• Part II - Cost Proposal consists of Attachment 4 - Cost Proposal.

• Part III - Administrative Proposal consists of all Legal/Regulatory/Administrative Documents as outlined below in Section 5.4 Administrative Proposal.

Cost proposal must not be included in Parts I or III. All parts must be sealed separately but may be delivered in the same mailer.

The rules established for Proposal content and format will be enforced. Variations from the rules prescribed herein may subject the respondent to outright disqualification. It is in the best interest of the Bidder to become familiar with the constraints imposed on its Proposal, so that the evaluation process can proceed in a timely manner.

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5.2 Technical Proposal

The Mandatory Eligibility Requirements documentation shall be submitted as the Technical Proposal.

Please note that no reference to any cost or the cost proposal shall be included in the Technical Proposal. Bidders must provide two (2) hard copies of the Technical Proposal, of which one (1) must contain original signatures. The Bidder must also submit one exact copy of corresponding searchable electronic media copies on a USB 2 or 3 compliant flash drive labeled “IFB Z-136, Vendor Name - Technical”, saved in PDF format. The Technical Proposal must contain the following documents.

• Signed Cover Pages 1 and 2 of this IFB; and

• Attachment 2 - Bidder Certified Statements; and

5.3 Cost Proposal

Attachment 4 - Cost Proposal, sets forth the costs for the requested services and shall be submitted as two (2) hard copies, one (1) of which must contain original signatures. The Bidder must also submit one exact copy of corresponding searchable electronic media copies on a USB 2 or 3 compliant flash drive labeled “IFB Z-131, Vendor Name - Cost”, saved in PDF format file(s). The Cost Proposal should be complete, accurate, and well-documented. All prices must be bid in US dollars. All prices must be inclusive of all costs necessary or incidental for proper performance under this Agreement.

The Contractor must guarantee all proposed fees for the entire duration of the Contract term.

Attachment 4 - Cost Proposal must be bound separately and not included in Part I of the Technical Proposal or Part III of the Administrative Proposal.

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5.4 Administrative Proposal

The Administrative Proposal shall consist of all the Legal/Regulatory/Administrative Documents outlined below and shall be submitted as two (2) hard copies, one (1) of which must contain original signatures.

The Bidder must also submit one exact copy of corresponding searchable electronic media copies on a USB 2 or 3 compliant flash drive labeled “IFB Z-136, Vendor Name - Administrative,” saved in PDF format.

Administrative Attachments Attachment A Federal and State Certifications Attachment B Bidder’s Affirmation of Understanding of and Agreement Pursuant to

State Finance Law §139-j(3) and §139-j(6)(b) Attachment C Bidder’s Disclosure of Prior Non-Responsibility Determinations Attachment D Vendor Responsibility Form Attachment E Encouraging Use of New York State Businesses in Contract Performance Attachment F Bidder Certification of Compliance with Public Officers Law §73(4) Attachment G New York State Office of the State Comptroller Substitute Form W-9

(if applicable) Attachment H Reserved Attachment I Certification Under Executive Order No. 16 Attachment J Vendor Assurance of No Conflict of Interest of Detrimental Effect Attachment K Gender-Based Violence and Workplace Certification Attachment ST220CA ST-220-CA Contractor Certification to Covered Agency Attachment ST220TD ST-220-TD Contractor Certification to New York State Department of

Taxation and Finance

Administrative Appendices Appendix EO EO 177 Certification Appendix NDA New York State Department of Labor Non-Disclosure Agreement Appendix MWBE-1 MWBE EEO Policy Statement Appendix MWBE-2 Staffing Plan Appendix MWBE-4 MWBE Utilization Plan Appendix MWBE-5 Application for Waiver of MWBE Participation Goal (if applicable) Appendix SDVOB-1 SDVOB Utilization Plan Appendix SDVOB-3 Application for Waiver of SDVOB Participation Goal (if applicable)

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SECTION 6. SUBMISSION OF PROPOSAL

Bidders interested in being considered for this engagement should submit bids along with original signed cover letters (signed by an individual authorized to represent the firm) to:

New York State Department of Labor W.A. Harriman State Office Campus

1220 Washington Avenue Building 12, Room 465

Albany, New York 12226 Attn: Lia Higgins

Email Bid Submissions WILL NOT be Accepted.

In order to expedite the solicitation process, Proposals must be submitted by mail, overnight carrier, or certified mail in a package, with all the following information labeled on the outside package/envelope:

• Bidder’s complete name and address

• Proposal Enclosed For: IFB Z-136, Copado DevOps Platform

• Due Date and Time: Same as noted in Section 1.2 Key Events/Dates

Failure to complete all information on the Proposal envelope and/or packages may necessitate the premature opening of the Proposal and may compromise confidentiality. Notwithstanding the New York State Department of Labor’s (NYSDOL) right to open a Proposal to ascertain the foregoing information, the Bidder assumes all risk of late delivery associated with the Proposal not being identified, packaged, or labeled in accordance with foregoing requirements. All Proposals, including all information and product required by the IFB or provided as explanation thereof, shall be submitted in English. All prices shall be expressed, and all payments shall be made, in United States Dollars (US$). Any Proposals submitted which do not meet the above criteria will be rejected.

Each Technical Proposal, Cost Proposal, and all Administrative Proposed Documents must be packed separately in sealed envelopes with the title of the IFB, the Assigned Bid Number, and the respondent’s name and address clearly displayed on the exterior of each envelope. The separate Technical Proposal, Cost Proposal, and Administrative Proposal envelopes may be mailed in the same package.

Late Bids: Bidders who do not submit Proposals by date and time listed in Section 1.2 will be eliminated from consideration. This mandatory requirement may only be waived if no Proposals of this IFB were received by the submission deadline date and time.

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SECTION 7. EVALUATION CRITERIA

NYSDOL’s evaluation team shall evaluate the bids to ensure that only the Bidders who pass the mandatory eligibility requirements move forward to cost evaluation. NYSDOL will select the Bidder that has both the mandatory eligibility to support the work required by NYSDOL and the lowest cost for the award.

The evaluation of Proposals will determine if the Bidder is responsive to provide the “Total Best Value” to NYSDOL. Total Best Value is defined as the responsive Bidder who meets the mandatory eligibility requirements and bids the lowest cost.

Upon determination of the “Total Best Value”, NYSDOL will develop a binding Contract Agreement with the selected Bidder to provide the services outlined in this IFB. In the case of failure to execute an Agreement with the selected Bidder within 30 days, NYSDOL may pursue an Agreement for the services proposed by the next responsive lowest Bidder.

7.1 Method of Award

The Department will initially determine on a pass/fail basis whether the Proposals are responsive to the mandatory requirements and qualifications of the IFB and whether the Proposal will be further evaluated. The Bidder’s Proposal must first meet all the mandatory eligibility requirements before NYSDOL can review the Bid for cost. Failure to meet all the mandatory eligibility requirements will result in the Bidder’s Proposal being disqualified and will not be further evaluated.

NYSDOL intends to award one (1) contract resulting from this IFB. If the contract is awarded, it shall be awarded to the responsive and responsible Bidder submitting the “Total Best Value” bid complying with the conditions and qualifications of Section 2 - Mandatory Eligibility Requirements.

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7.2 Evaluation Process

A. Proposal Clarification NYSDOL reserves the right to require a Bidder to provide clarification and validation of its proposal through any means the Department deems necessary. Failure of a Bidder to cooperate with the Department efforts to clarify or validate proposal information may result in the proposal being labeled as non-responsive and given no further consideration.

Other than to provide such information as may be requested by NYSDOL, no Bidder will be allowed to alter its proposal or add new information after the final filing date and time.

B. Proposal Screening and Mandatory Eligibility Requirements Evaluation Each proposal will be screened for completeness and conformance with the Department requirements for proposal submission as specified in this IFB. Proposals which do not meet the Mandatory Eligibility Requirements may be labeled as non-responsive and may not be given further consideration.

If all Eligibility Requirements are not met, the Bidder’s proposal will be labeled non-responsive and will not be given further consideration. For bidders who meet the eligibility requirements, their bids will advance to the cost evaluation stage.

Evaluation of mandatory requirements will be based on a pass/fail basis upon review of Bidders proposal.

C. Cost Evaluation Bidder is to provide an all-inclusive fixed price that must be guaranteed for the entire duration of the Contract term, including but not limited to insurance, and incidental costs for the requirements outlined in Section 3 - Scope of Work & Specifications.

The Contractor must guarantee all proposed fees for the entire duration of the Contract term.

The Attachment 4 - Cost Proposal, contains service requirements that must be completed in its entirety.

Attachment 4 - Cost Proposal must be signed and filled out completely.

7.3 Tiebreaker

In the event that Bidders bid the same grand total price, the tie breaker shall be determined by the Deputy Commissioner or their Designee.

SECTION 8. ATTACHMENTS & APPENDICES

Technical Attachments Attachment 2* Bidder Certified Statements

Cost Attachments Attachment 4* Cost Proposal

Administrative Attachments & Appendices Attachment A* Federal and State Certifications Attachment B* Bidder’s Affirmation of Understanding of and Agreement Pursuant to State

Finance Law §139-j (3) and §139-j (6) (b) Attachment C* Bidder’s Disclosure of Prior Non-Responsibility Determinations Attachment D* Vendor Responsibility Form

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Attachment E* Encouraging Use of New York State Businesses in Contract Performance Attachment F* Bidder Certification of Compliance with Public Officers Law §73(4) Attachment G* New York State Office of the State Comptroller Substitute Form W-9

(if applicable) Attachment H Reserved Attachment I* Certification Under Executive Order No. 16 Attachment J* Vendor Assurance of No Conflict of Interest or Detrimental Effect.

Attachment K* Gender-Based Violence and Workplace Certification Appendix A Standard Clauses for New York State Contracts Appendix GTC General Terms and Conditions Appendix EO* EO 177 Certification Appendix NDA* New York State Department of Labor Non-Disclosure Agreement Appendix MWBE Participation by Minority Group Members and Women with Respect to

State Contracts Requirements and…