IFB#1038 Statewide Chef Services FINAL.pdf

IFB # 1038 Statewide Chef Services Consultant

ANDREW M. CUOMO

Governor

SHEILA J. POOLE

Commissioner

New York State Office of Children and Family Services

Division of Juvenile Justice and Opportunities for Youth

INVITATION FOR BIDS

IFB # 1038

Statewide Chef Services Consultant

Issued: 4/10/2020

BID DUE DATE: 5/27/2020 by 4:00 p.m. Eastern Time

Table of Contents

1. Introduction

1.1 Overview

1.2 Designated Contacts

1.3 Calendar of Events

1.4 IFB Questions and Clarifications

2. Bid Submission

2.1 Instructions for Bid Submission

2.2 Packaging of IFB Response

3. Specifications

3.1 Eligible Bidders

3.2 Product/Service Specifications

3.3 Delivery

3.4 Security Procedures

3.5 Warranty (if commodity purchase)

4. Administrative Information

4.1 Method of Award

4.2 Price

4.3 Term of Contract

4.4 Method of Payment

4.5 Dispute Resolution

4.6 Contractor Responsibilities

4.7 Inspection of Books

4.8 OCFS Reserved Rights

4.9 Incurred Costs

4.10 Security, Nondisclosure and Confidentiality Agreement

4.11 Omnibus Procurement Act

4.12 Executive Order Number 38 & 177

4.13 Minority- and Women-Owned Business Enterprises (MWBE) – Equal

Employment Opportunity (EEO) - Requirements & Procedures

4.14 Service-Disabled Veteran Owned Business (SDVOB)

4.15 Anti-Kickback Act

4.16 Contractor Responsibility

4.17 Multi-Agency Use

4.18 Contacts with Employees

4.19 Procurement Lobbying Act

4.20 Public Officers Law

4.21 Vendor Responsibility

4.22 Workers’ Compensation Law

4.23 New York State Sales and Compensating Use Taxes

4.24 Confidentiality and Required Awardee, Contractor, Employee, and Volunteer

Background Checks

4.25 Consultant Disclosure Requirements

4.26 OCFS Procedure for Handling Debriefing Requests, Formal Protests, and

Appeals

4.27 Standard Contract Language

4.28 Appendix A - Standard Clauses for NYS Contracts

4.29 State Finance Law §139-l; Statement on Sexual Harassment in Bids

5. Contract Documents

1. Introduction

1.1 Overview

The New York State Office of Children and Family Services (OCFS) operates the state's residential juvenile justice programs and oversees locally operated foster care, child abuse, daycare, youth development and delinquency prevention programs (YDDPP). The OCFS Division of Juvenile Justice and Opportunities for Youth (DJJOY) operates the residential programs for juvenile delinquents and juvenile offenders and is issuing this Invitation for Bid (IFB).

OCFS seeks one (1) contractor to provide chef and nutritional services for juvenile delinquent youth and youthful offenders residing at Finger Lakes Residential Center, Harriet Tubman Residential Center, Highland Residential Center, Industry Residential Center, Taberg Residential Center for Girls, Brentwood Residential Center, Red Hook Residential Center, Brookwood Secure Center, Columbia Girls Secure Center, Goshen Secure Center and MacCormick Secure Center. The lowest cost qualified provider will be awarded the contract.

There is one position available for a Contract Chef for all NYS OCFS facilities statewide. It is anticipated that the awarded position will provide the required services not to exceed 1,820 hours annually, wherein the Contract Chef will be responsible for facility-based kitchen oversite. This includes, but not limited to, menu/recipe development, site visit audits, reports, purchasing, and staff training.

The awarded position will be required to work directly with youth.

Background

Youth entering limited secure and non-secure OCFS residential facilities have been adjudicated delinquent by family court, not criminal court, and are placed with OCFS for rehabilitative programming. The majority of these youth range in age from fourteen (14) to eighteen (18) years old. Approximately sixty-five (65) percent are African American, twenty-five (25) percent are Hispanic, and about sixty (60) percent of youth are from the New York City area.

Secure residential centers are the most controlled and restrictive of the residential programs operated by OCFS, providing intensive programming for youth requiring this type of environment. The majority of youth admitted to secure facilities are sentenced as juvenile offenders or juvenile offender/youthful offenders by the adult courts. Youth in secure centers have an extensive history of delinquent behavior and involvement with the juvenile justice system that includes prior out-of-home placements.

The following is a description of the OCFS juvenile justice facilities for which services are being sought:

LIMITED SECURE FACILITIES

Finger Lakes Residential Center is located at 250 Auburn Road, Lansing, NY 14882. Finger Lakes Residential Center (FLRC) is located seven miles north of the city of Ithaca. Youth are in a one-story building with eight units. Individual units contain a large multi-purpose area and connect to a classroom that can be used as program space evenings and weekends. Each unit opens to the main area that contains additional classrooms, vocational shops, a kitchen area and central dining. The youth served at FLRC are male, adjudicated juvenile delinquents, generally between the ages of 13 and 18, placed with OCFS by the Family Court.

Harriet Tubman Residential Center is located at 6706 Pine Ridge Road, Auburn, NY 13021. The Harriet Tubman Residential Center (HTRC) is located in Auburn, New York. The main building has two living units, two classrooms, a medical unit, and a cafeteria that connects the living units and is used for meals and daily culinary arts programs. The living units contain a large, multi-purpose area that is used for programs on evenings and weekends. A second building contains a gymnasium and a large room holding a library and a computer lab. The campus design includes the latest security and safety measures and open, spacious areas for the optimal supervision and comfort of youth.

The youth served at HTRC are females adjudicated and placed with OCFS by the Family Court. They are generally 16-17 years old.

Highland Residential Center is located at 629 North Chodikee Lake Road, Highland, NY 12528. Highland Residential Center is located in the Hudson Valley region of New York State, approximately nine miles from Poughkeepsie on the west side of the Hudson River. It is accredited by the American Correctional Association. Youth are in five residential buildings. There are four educational buildings on the Highland campus. The youth served at Highland are male, juvenile delinquents between the ages of 13 and 18 placed with OCFS by New York State Family Courts.

Industry Residential Center is located at 375 Rush-Scottsville Road, Rush, NY 14543. Industry Residential Center (IRC) is located 16 miles south of Rochester, New York, and is accredited by the American Correctional Association.

It consists of two campuses known as Upper Campus and Lower Campus. Upper Campus is an 80-bed facility which houses 'Raise the Age' youth. Lower Campus is a 50-bed facility that houses youth adjudicated before the age of 16. Youth are in modern, single-story units. The individual units have a large multi-purpose area that can be used as program space in the evenings and on the weekends.

Each campus has a separate education building and several vocational shops, outdoor recreation fields, and gardens. The youth served at IRC are male, adjudicated, juvenile delinquents who are placed with OCFS by Family Court.

https://ocfs.ny.gov/main/rehab/regionalListingDetail.asp?ID=8 https://ocfs.ny.gov/main/rehab/regionalListingDetail.asp?ID=27 https://ocfs.ny.gov/main/rehab/regionalListingDetail.asp?ID=9 https://ocfs.ny.gov/main/rehab/regionalListingDetail.asp?ID=10

Taberg Residential Center for Girls is located at 10011 Taberg-Florence Road, Taberg, NY 13471. Taberg Residential Center for Girls is located in the central region of New York State, northwest of the City of Rome. The campus is comprised of three buildings. The main building houses two living units, administrative offices, a medical unit and dining area. An adjacent building contains a gymnasium, a T.V and game-center and offices. An annex contains classrooms, a library, computer learning center, educational workstation, cafeteria, incentive activity center, training center, medical unit and conference room.

The youth served are adjudicated juvenile delinquents generally between the ages of 13 and 18, who have been placed with OCFS by New York State Family Courts.

Depending upon a youth's sentence and productivity these youth may remain in OCFS custody up to the age of 18. This facility is accredited by the American Correctional Association.

NON-SECURE FACILITIES (NON-COMMUNITY BASED)

Brentwood Residential Center is located at 1230 Commack Road, Dix Hills, NY 11746-8215. Brentwood Residential Center for Girls is located in the central Long Island community of Dix Hills, New York. The 40-acre campus includes two buildings, a softball field, running track and picnic area. The main building houses the living unit, dining area, classroom and administrative offices. A second building contains a gymnasium, additional classroom and offices. The youth served are female, adjudicated juvenile delinquents, generally between the ages of 12 and 18, placed with OCFS by New York State Family Courts. This facility is accredited by the American Correctional Association.

Red Hook Residential Center is located at 531 Turkey Hill Road, Red Hook, NY 12571. Red Hook Residential Center is located in Dutchess County, approximately 26 miles north of the city of Poughkeepsie. The campus has a main building consisting of two living units, medical department, classrooms, library, kitchen and dining area. A second building has a full gymnasium, conference room and administrative offices. The campus also contains a swimming pool. The youth served at RHRC are adjudicated males, generally between the ages of 12 and 18 who have been placed with OCFS by the New York State Family Courts. In addition to a focus on trauma-informed care, RHRC is also known throughout the state for its ability to work effectively with gay, bisexual, transgender and questioning youth.

SECURE FACILITIES

Brookwood Secure Center is located at 419 Spookrock Road, P.O. Box 265, Claverack, NY 12513. Brookwood Secure Center is in the Hudson Valley region of New York State, southeast of the City of Hudson. The youth served at Brookwood are male juvenile offenders who, while under the age of 16, committed certain violent felonies and were convicted and sentenced in adult criminal court.

Depending upon the sentence, youth may remain in OCFS custody up to 21 years of age.

https://ocfs.ny.gov/main/rehab/regionalListingDetail.asp?ID=19 https://ocfs.ny.gov/main/rehab/regionalListingDetail.asp?ID=2 https://ocfs.ny.gov/main/rehab/regionalListingDetail.asp?ID=16 https://ocfs.ny.gov/main/rehab/regionalListingDetail.asp?ID=5

Columbia Girls Secure Center is located at P.O. Box 265, 419 Spook Rock Road, Claverack, NY 12513. Columbia Secure Center for Girls is located in the Hudson Valley region of New York State, southeast of the City of Hudson. There are two connected living units on campus -- Opportunity Wing and Liberty Wing --each housing a maximum of eight youth. The living units are connected to a dining hall, kitchen, education and medical area and administration offices. A second building contains the gymnasium, library and a classroom. The youth served are juvenile offenders/youth offenders who, while under the age of 16, committed certain designated felonies and were convicted and sentenced in adult criminal court. Depending upon the youth's sentence, these youth may remain in OCFS placement up to 21 years of age.

Goshen Secure Center is located at 97 Cross Road, Goshen, NY 10924.

Goshen Secure Center is located approximately 50 miles northwest of New York City in Orange County, New York. Youth are in living units on four wings off a centralized building that also contains academic classrooms, vocational shops, health services, dining room and kitchen, chapel, commissary, gym and indoor recreational area. Football, soccer and baseball fields, as well as a basketball and handball court, are also on the campus. The youth served at Goshen are male, juvenile offenders who while under the age of 16 committed certain violent felonies and were convicted and sentenced in adult criminal court. Depending upon the sentence, youth may remain in OCFS custody until the age of 21.

MacCormick Secure Center is located at 300 South Road, Brooktondale, NY 14817. MacCormick Secure Center is located in the Shindagin Hollow State Forest, 15 miles east of the City of Ithaca. Youth are housed in three units connected to central classrooms and a dining and kitchen area. Each unit has a large communal area with individual bedrooms. The youth served at MacCormick are male juvenile offenders who, while under the age of 16, committed certain violent felonies and were convicted and sentenced in adult criminal court.

Depending upon the sentence, youth may remain in OCFS custody up to 21 years of age.

Please see Attachment 3 – DJJOY Facility Map for additional information.

1.2 Designated Contacts

In compliance with the Procurement Lobbying Law, from the issuance of this Invitation for Bid (IFB) until contractors are selected, all contacts with (OCFS) personnel concerning this IFB, except as otherwise specified herein, must be made via email or hard copy mailed to:

New York State Office of Children and Family Services Attn: Bureau of Contract Management – Procurement Unit IFB # 1038 DJJOY Statewide Chef Services Consultant https://ocfs.ny.gov/main/rehab/regionalListingDetail.asp?ID=25 https://ocfs.ny.gov/main/rehab/regionalListingDetail.asp?ID=7 https://ocfs.ny.gov/main/rehab/regionalListingDetail.asp?ID=13

52 Washington Street, Room 202 South Rensselaer, NY 12144.

Email: RFP@ocfs.ny.gov. In both cases, please reference IFB # 1038

1.3 Calendar of Events

The table below outlines the schedule for important action dates.

EVENT DATE

Invitation for Bid (IFB) issued 4/10/2020

Deadline for submission of offeror questions

4/29/2020 by 4:00 p.m. Eastern Time

Responses to questions published (on or about)

5/8/2020

Bid due Date/Bid Opening Date 5/27/2020 by 4:00 p.m. Eastern Time

Anticipated Contract date 9/1/2020

1.4 IFB Questions and Clarifications

All questions regarding this IFB, including questions regarding the minimum qualifications and specifications, should be emailed to the designated contact identified in Section 1.2 Designated Contacts by the date and time indicated in Section 1.3 Calendar of Events. Questions submitted after the deadline indicated may not be answered. An offeror is strongly encouraged to submit questions as soon as possible. Answers to all questions of a substantive nature will be provided to all prospective offerors in the form of a question and answer document that will be posted to both the New York State Contract Reporter website (https://www.nyscr.ny.gov) and OCFS public website (https://ocfs.ny.gov/main/contracts/funding/) and will not identify the offeror asking the question.

2. Bid Submission

2.1 Instructions for Bid Submission

Only bids from offerors who furnish all required information and meet the mandatory requirements stated in Section 3 – Specifications will be considered.

Bidders must operate in accordance with all applicable laws, rules and regulations. Submit all required bid documents to OCFS at the following address:

mailto:RFP@ocfs.ny.gov https://www.nyscr.ny.gov/ https://ocfs.ny.gov/main/contracts/funding/

New York State Office of Children and Family Services Attn: Bureau of Contract Management – Procurement Unit IFB # 1038 DJJOY Statewide Chef Services Consultant 52 Washington Street, Room 202 South Rensselaer, NY 12144

E-MAIL OR FAX BID SUBMISSIONS ARE NOT ACCEPTABLE AND WILL NOT

BE CONSIDERED.

The State of New York will not be held liable for any cost incurred by the offeror for work performed in the preparation and production of a bid. Contractors may not begin to provide services before the contract start date; OCFS has no obligation to pay for services before that time. Payments cannot be made before the formal execution of a contract. Bids must be received in the above office on or before the date/time set forth in Section 1.3 – Calendar of Events. Offerors assume all risks for timely, properly submitted deliveries.

LATE BIDS MAY BE REJECTED

Any bid received at the designated location after the established time will be considered a late bid. A late bid will be rejected and disqualified from award.

However, a late bid may be accepted in the Commissioner’s sole discretion where

(i) No timely bids meeting the requirements of the solicitation are received; or

(ii) The offeror has demonstrated to the satisfaction of the Commissioner that the late bid was caused solely by factors outside the control of the offeror.

Note: The Commissioner will be under no obligation to accept a late bid.

The basis for any determination to accept a late bid shall be documented in the procurement record.

FIRM OFFER

Bids must remain an effective offer, firm and irrevocable, for at least 120 calendar days from the due date, unless the time for awarding the contract is extended by mutual consent of OCFS and the offeror. A bid shall continue to remain an effective offer, firm and irrevocable, subsequent to the 120 calendar-day period until either tentative award of the contract(s), withdrawal of the procurement, or withdrawal of the bid in writing by the offeror.

OWNERSHIP OF IFB AND BIDS

This IFB remains the property of the State at all times, and all responses to this IFB, once delivered, become the property of the State.

2.2 Packaging of IFB Response

Required Contents of Bid Proposal

All bid proposals must include the following:

• OCFS-0910 Request for Bid Form

• Attachment 1 – Bidder’s Certified Statements

• Attachment 2 – References o Provide three (3) professional references, one of which must have been received within the past twelve (12) months.

• Resume of Chef Services Consultant o Must demonstrate at least one (1) year of experience working with youth in

Juvenile Justice setting.

o If the offeror possesses a bachelor’s degree in Culinary Arts from an accredited school, must demonstrate at least two (2) years of experience in large scale food operations (preparing at least 600 meals per day).

o If the offeror possesses an associate degree in Culinary Arts from an accredited school, must demonstrate at least four (4) years of experience in large scale food operations (preparing at least 600 meals per day).

• Proof of Culinary Degree

• OCFS-4822 Procurement Lobbying Act – Offeror Certification Form

• Vendor Responsibility Questionnaire For-Profit Business Entity

• OCFS-4715 Confidentiality Non-Disclosure Agreement

• OCFS-4716 Contractor Employee and Volunteer Background Certification

• OCFS-2647 EO 177 Certification (See Section 4.12 for more information)

General Proposal Appearance

Bids must be submitted inside a sealed envelope. Bid submissions for this procurement should only contain bid proposals for this specific funding opportunity. Multiple bids should be submitted individually in their own separate sealed envelopes that are clearly labeled on the outside.

Bid proposals should be bound and labeled in a manner that allows pages to be easily removed, scanned, and/or added to the bid proposal. Acceptable methods include, but are not limited to, three-ring binders and binder clips. Do not use staples or spiral wire binding. Do not attach index tabs to your bid submission documents.

The fonts and margins used in the bid proposal should be reasonable. Twelve-point text using Arial, Times New Roman, or Calibri fonts are considered acceptable. Standard one-inch margins are recommended. It is permissible to use headers, footers, and page numbers inside the margins.

https://ocfs.ny.gov/main/Forms/Contracts/OCFS-4822%20Procurement%20Lobbying%20Act%20-%20Offerer%20Certification%20Form.doc https://www.osc.state.ny.us/vendrep/forms_vendor.htm https://www.osc.state.ny.us/vendrep/forms_vendor.htm https://ocfs.ny.gov/main/Forms/Contracts/OCFS-4715%20Confidetiality%20Non-Disclosure%20Agreement.dot https://ocfs.ny.gov/main/Forms/Contracts/OCFS-4716%20Contractor%20Employee%20Background%20Certification.dot https://ocfs.ny.gov/main/Forms/Contracts/OCFS-2647.docx

The bid documents must be submitted by mail, hand delivery, overnight carrier or certified mail in a sealed package or envelope that clearly displays the following information on the outside (Please see IFB Section 2.1 Instructions for Bid Submission and Section 1.3 Calendar of Events):

Offeror’s complete name and address Solicitation number Bid due date and time

Documents Required After Bid Submission

During contract negotiations, awarded offerors will be required to complete the following additional forms:

• ST-220-TD Contractor Certification (New York State Department of Tax and Finance form)

• ST-220-CA Contractor Certification to Covered Agency (New York State Department of Tax and Finance form)

• AC 3271-S State Consultant Services – Contractor’s Planned Employment

(Form A)

• Proof of workers’ compensation and disability benefits coverage or Certificate of Attestation of Exemption from New York State Workers’ Compensation Board and/or disability benefits coverage

3. Specifications

3.1 Eligible Bidders

The offeror must meet the following minimum requirements:

• Must be bidding as an individual

• Possess a degree in Culinary Arts from an accredited school:

o a bachelor’s degree with a minimum of two (2) years of experience in large scale food operation (preparing at least 600 meals per day), OR o an associate degree with a minimum of four (4) years of experience in large scale food operations (preparing at least 600 meals per day).

• Have at least one (1) year of experience working with youth in a Juvenile Justice setting.

• Agree to provide the required services outlined in Section 3.2 Product/Service Specifications and Section 3.3 Delivery.

• Agree to comply with all applicable rules and regulations outlined in Section

3.4 Security Procedures when providing services at the eleven (11) DJJOY facilities listed in Section 1.1 Overview.

3.2 Product/Service Specifications

Scope of Work

The awarded position will provide the required services is not to exceed 1,820 hours annually. Statewide travel is required. The awarded position will work at facilities outside of their designated home office approximately 60% of the time. As this is an hourly position, travel expenses are to be included in your bid rate and will not be reimbursed separately. This includes, but is not limited to, hotels, mileage, meals, fuel, and other vehicle/travel-related expenses. The contractor will be reimbursed for travel time from the designated home office to OCFS facilities in carrying out job related functions. Travel will be discussed and approved by the Bureau of Health Services.

The awarded position will work with and report directly to the Nutrition Service Administrator II (NSAII) located at home office in the Bureau of Health Services.

The NSA II plans, develops, implements, monitors and provides oversight of the agency operated programs’, diet/menu, institutional food services operations, clinical nutrition consultations for youth, and provides direct supervision of the Contracted Chef

Additional job duties include but are not limited to the following:

• Train with Nutrition Services and Administration (NSA), facility-based kitchen personnel and supervise/coordinate all related culinary activities.

• Select and develop recipes.

• Standardize production recipes to ensure consistent quality.

• Establish production levels and inventory controls.

• Plan with NSA, cycle menus.

• Implement and train on Hazard Analysis Critical Control Point (HACCP).

• Implement, with NSA, proper use of kitchen equipment operation and maintenance.

• Implement, with the NSA, proper safety and sanitation procedures in facility kitchens

• Develop, with NSA, guidelines for the purchasing of food and supplies.

• Coordinate special events, projects and provide culinary instruction and/or culinary techniques to facility kitchen staff.

• Plan and development with NSA, the Nutrition Services Unit culinary programs such as; youth gardens/fresh produce, hydroponics, and aquatics program as it relates to meal preparation and service.

• Perform facility site visit audits and reports as requested by the NSA.

• Establish facility meal presentation technique and quality standards.

• Staff training: Meal preparation (cooking from scratch), meal planning (timing of units, how much to cook), control food waste, workflow/time management, food procurement, preparation, service, and distribution.

• Food Demonstrations for both staff and youth as necessary for training and/or special programs.

• Monitor labor, quality of food, and student acceptance of menu items.

• Food contracts: Work with NSA and food contractors on ordering guides for menus.

• Assess and make recommendations and assist in the implementation of facility kitchen equipment updates and storage enhancements.

Please Note: Applicants may not subcontract any components of their scope of work.

3.3 Delivery

It is anticipated that the awarded Contract Chef will provide the required services not to exceed 1820 hours annually. These hours should be performed during scheduled working hours as approved by DJJOY administration. Please see IFB Section 1.1 Overview for additional information regarding services to be delivered and locations to be served.

By submitting a bid, the offeror:

1. Understands that any candidate proposed must meet the minimum requirements in Section 3.1 Eligible Bidders and must continue to meet the requirements for the duration of the contract.

2. Agrees that the candidate must perform all duties outlined in Section 3.2 Product/Service Specifications under Duties in the Scope of Work.

3. Agrees that the candidate will provide services at any or all of the eleven (11) DJJOY facilities listed in Section 1.1 Overview as directed by OCFS. Please also refer to Attachment 3 – DJJOY Facility Map for additional information.

4. Agrees that the candidate must be available for the hours set forth above in Sections 1.1 Overview Days of Service and the additional hours described above if they are needed.

Please Note: Hours are not guaranteed and will be based on population need.

3.4 Security Procedures

Any person(s) bringing contraband items into the facility may be subject to contract termination and/or arrest in accordance with OCFS policy and any applicable laws, rules, or regulations. A summary of applicable OCFS policies and procedures will be provided to the awardee prior to entering any facilities.

3.5 Warranty (if commodity purchase)

Not Applicable.

4. Administrative Information

4.1 Method of Award

The bidder(s) submitting a bid in compliance with Section 2.0 Bid Submission, meeting requirements stated in Section 3.0 Specifications, passing vendor responsibility review, obtaining satisfactory reference check, and offering the lowest hourly rate will be awarded a contract.

A sample contract can be found on the OCFS website at the following link:

https://ocfs.ny.gov/main/contracts/docs/Non-Grant-Contract-Template.pdf.

The hourly rate bid will be firm for the life of the contract. There will be no adjustment to the rate during the contract period.

In the event of a tie bid, offerors with the most culinary experience, measured in months, will be selected as the winning bidder.

In the event a tie still exists, each offeror with a tied score that submits a qualifying tie bid will have their name written on a piece of paper which will be placed in a hat. One offeror will be chosen at random by the selection of one of the slips of paper.

Per Section 4.24, Confidentiality and Required Awardee, Contractor, Employee, and Volunteer Background Checks, the awardee will be subject to OCFS screening and clearances, including background checks and confidentiality agreements. Failure to comply with that requirement may find the offeror non-responsive to the terms of this IFB and could result in disqualification or rescinding of the award. Please see section 4.24 of this IFB for further information.

4.2 Price

Bid price must include any and all costs associated with providing and delivering the items as specified, including travel, licenses, insurance, administrative, customs, duties, charges and ancillary costs and be net F.O.B. destination.

Contractor will not be reimbursed for travel time or travel costs commuting to or from the facility designated as the contractor’s home base. The contractor will be reimbursed for travel time from the designated home base to and from OCFS facilities in carrying out job related functions. Travel expenses are included in your hourly bid rate and will not be reimbursed separately. This includes, but is not limited to, hotels, mileage, meals, fuel, and other vehicle/travel-related expenses. There will be no additional compensation for holidays or overtime.

https://ocfs.ny.gov/main/contracts/docs/Non-Grant-Contract-Template.pdf

4.3 Term of Contract

It is the intention of the state to award a single contract to the awarded offeror. The contract will commence on or about the contract date as stated in Section 1.3 Calendar of Events, will continue for a period of five (5) years and is subject to approval by the New York State Department of Civil Service (DCS), New York State Office of the Attorney General (OAG) and Office of the State Comptroller (OSC). Contractors may not begin to provide services before the contract start date; OCFS has no obligation to pay for services rendered before that time.

Payments cannot be made before the formal execution of a contract. A copy of the terms and conditions of the contract are attached to this IFB.

4.4 Method of Payment

Payments will be processed monthly following the completion of services and upon submittal of required documentation for services performed and/or a signed claim for payment form, as directed by OCFS in the Appendix C of the resulting contract.

4.5 Dispute Resolution

It is OCFS’s policy to provide vendors with an opportunity to administratively resolve disputes, complaints or inquiries related to bid solicitations, contract awards, and contract administration. OCFS encourages vendors to seek resolution of disputes informally, through consultation with staff, before commencing a formal dispute process. All such matters will be accorded impartial and timely consideration. See Section 4.26 for additional information.

4.6 Contractor Responsibilities

The contractor shall be solely responsible for all compliance with terms and conditions in this IFB or any resulting contract. The contractor may not engage a subcontractor or dealer, distributor, reseller, or any other party to carry out any part of this contract without the prior written consent of OCFS. The contractor accepts full responsibility for the actions of any employee who carries out any of the provisions of any contract resulting from this IFB.

4.7 Inspection of Books

It is expressly understood and agreed that OCFS and OSC shall have the right to inspect and audit the contractor’s records covered under this agreement, in accordance with his/her statutory responsibility to examine the books and accounts of every agency. OSC requires, and the contractor agrees to, the retention of all material that is pertinent to an audit of the operations under any purchase order resulting from this IFB for a full three-year period or contract resulting from this IFB for a full six-year period.

4.8 OCFS Reserved Rights

OCFS reserves the right to

1. place a monetary cap on the funding amount made in each contract award;

2. change any of the schedule dates stated in this IFB;

3. reject any or all proposals received in response to the IFB;

4. withdraw the IFB at any time at the agency’s sole discretion;

5. make an award under the IFB in whole or in part;

6. disqualify any offeror whose conduct and/or proposal fails to conform to the

IFB’s requirements;

7. reject any proposal if, in the sole discretion of OCFS, it determines the offeror is not a responsible vendor;

8. seek clarification and revisions of proposals. Ask offerors to present supplemental information clarifying their proposals either in writing or by formal presentation. New information is not permitted;

9. require that offerors demonstrate, to the satisfaction of OCFS, any feature(s) present as a part of their proposal that may include an oral presentation of their proposal and may be considered in the evaluation of the proposal;

10. before opening bids, amend any part of this IFB with notification to all offerors, and direct all offerors to prepare modifications addressing IFB amendments, if necessary. Expenses incurred in the preparation of any proposals or modifications submitted in response to this IFB are the sole responsibility of the offeror or other party and will not be incurred by OCFS;

11. make funding decisions that maximize compliance with and address the outcomes identified in this IFB;

12. fund only one portion, or selected activities, of the selected offeror’s proposal and/or adopt all or part of the selected offeror’s proposal based on federal and state requirements;

13. eliminate any IFB requirements that cannot be met by all prospective offerors upon notice to all parties that submitted proposals;

14. waive procedural technicalities or modify minor irregularities in proposals received after notification to the offeror involved;

15. correct any arithmetic errors in any proposal or make typographical corrections to proposals with the concurrence of the offeror;

16. negotiate with the selected offeror(s) before contract award;

17. conduct contract negotiations or award a contract to the next highest offeror if contract negotiations with the selected offeror(s) cannot be accomplished within an acceptable time frame. No offeror will have any rights against OCFS arising from such actions;

18. award contracts to more than one offeror or to other than the lowest offeror;

19. require that all proposals be held valid for a minimum of 180 days from the closing date for receipt of proposals, unless otherwise expressly provided for in writing;

20. fund any or all the proposals received in response to this IFB. However, issuance of this IFB does not commit OCFS to fund any proposals. OCFS can reject any proposals submitted and reserves the right to withdraw or postpone this IFB without notice and without liability to any offeror or other party for expenses incurred in the preparation of any proposals submitted in response to this IFB and may exercise these rights at any time;

21. use the proposal submitted in response to this IFB as part of an approved contract. At the time of contract development, awardees may be asked to provide additional budget and program information for the final contract;

22. use any and all ideas submitted in the proposals received;

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

24. make additional awards based on the remaining proposals submitted in response to this IFB and/or provide additional funding to awardees if such funds become available;

25. make inquiries of third parties, including but not limited to offerors references regarding the applicants’ experience or other matters deemed relevant to the proposal by OCFS. By submitting a proposal in response to this IFB, the applicant gives its consent to any inquiry made by OCFS;

26. require contractors to participate in a formal evaluation of the program to be developed by OCFS. Contractors may be required to collect data for these purposes. The evaluation design will maintain confidentiality of participants and recognize practical constraints of collecting this kind of information;

27. consider statewide distribution and regional distribution within New York City, including borough distribution methodology, in evaluating proposals;

28. rescind awards for failure of awardees to meet required timeframes for contract development and/or signature;

29. use proposal information obtained through site visits, management interviews and the State’s investigation of a bidder’s qualifications, experience, ability, or financial standing, and any material or information submitted by the bidder in response to the agency’s request for clarifying information in the course of evaluation and/or selection under the IFB; and

30. reject any extraneous terms, alternate activities/work to be performed, added conditions, or exceptions stated by applicants within their proposal(s). This includes, but is not limited to, proposed changes to the standard terms and conditions of the resulting contract(s).

4.9 Incurred Costs

The State of New York shall not be liable for any costs incurred by an offeror in the preparation and production of a proposal or for the contractor’s participation in any pre-contract award activity. The State of New York shall not be liable for any cost incurred by the contractor in preparation for or before the approval of an executed contract by the OSC.

4.10 Security, Nondisclosure and Confidentiality Agreement

The content of each offeror’s proposal will be held in strict confidence by the State during the bid evaluation process and will not be disclosed except to the evaluation panels, and to OAG and OSC as may be necessary to obtain the approvals of those agencies for the final contract and except as required by law. The successful offeror’s proposal and a copy of the specifications will be made a part of the contract.

Public inspection of a proposal is regulated by the Freedom of Information Law (Article 6 of the New York Public Officer’s Law, hereinafter “FOIL”). Proposals are presumptively available for public inspection. If this would be unacceptable to offerors, they should apply to the Division of Budget (DOB) for trade secret protection for their bid.

Confidential, trade secret or proprietary materials as defined by the laws of the State of New York must be clearly marked and identified as such upon submission by the offeror. Marking the bid as “confidential” or “proprietary” on its face or in the document header or footer shall not be considered to be sufficient without specific justification as to why disclosure of particular information in the bid would cause substantial injury to the competitive position of the offeror.

Offerors/contractors intending to seek an exemption from disclosure of these materials under the FOIL must request the exemption in writing, setting forth the reasons for the claimed exemption. Acceptance of the claimed materials does not constitute a determination on the exemption request, which will be made in accordance with statutory procedures.

The Public Officers’ Code of Ethics (Section 74 of the Public Officers Law) sets the standard that no officer or employee of a state agency shall disclose confidential information that he/she acquires during his/her official duties. These standards control the confidentiality of an offeror’s proposal unless DOB grants a petition for records access in accordance with FOIL.

Offerors should be advised that the confidentiality of their proposals is founded upon statute, as described above. A nondisclosure agreement, whether prescribed by DOB or the offeror, would not alter the rights and responsibilities of either party under FOIL. Offerors should not propose a nondisclosure agreement for DOB employees, for that would be legally ineffective to alter any responsibility under FOIL or the Code of Ethics.

The provisions of FOIL will also govern the confidentiality of any and all products or services supplied by the successful offeror.

Please see Content of Proposals for the Confidentiality Non-Disclosure Agreement (OCFS-4715), which each contractor or subcontractor, employee of a contractor or subcontractor, and volunteer with a contractor or subcontractor will be required to sign.

4.11 Omnibus Procurement Act

It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises as offerors, subcontractors, and suppliers on its procurement contracts.

Information on the availability of New York State subcontractors and suppliers is available on the internet at www.esd.ny.gov. For additional information and assistance, contact:

New York State Department of Economic Development Division for Small Business Albany, New York 12245 Telephone: 518-292-5100 http://www.ocfs.state.ny.us/main/Forms/Contracts/OCFS-4715%20Confidetiality%20Non-Disclosure%20Agreement.dot http://www.ocfs.state.ny.us/main/Forms/Contracts/OCFS-4715%20Confidetiality%20Non-Disclosure%20Agreement.dot http://www.esd.ny.gov/

Fax: 518-292-5884 Email: opa@esd.ny.gov

A directory of certified minority and women-owned business enterprises is available from:

New York State Department of Economic Development Division of Minority and Women's Business Development 633 Third Avenue New York, New York 10017 Telephone: 212-803-2414 Email: mwbecertification@esd.ny.gov https://ny.newnycontracts.com

NOTE: Companies requesting lists of potential subcontractors and suppliers are encouraged to identify the Standard Industrial Classification (SIC) code, size and location of vendors.

A directory of minority and women-owned business enterprises is available on the internet at https://ny.newnycontracts.com. For additional information and assistance, contact either of the above offices.

The Omnibus Procurement Act of 1992 requires that by signing a bid proposal, contractors certify that whenever the total offer amount is greater than $1 million.

1. The contractor has made reasonable efforts to encourage the participation of

New York State business enterprises as suppliers and subcontractors on this project, and has retained the documentation of these efforts to be provided upon request to the state;

2. The contractor has documented their efforts to encourage the participation of New York State business enterprises as suppliers and subcontractors by showing that they have done the following:

• Solicited offers, in a timely and adequate manner, from New York State Empire State Development business enterprises including certified minority- and women-owned businesses; or

• Contacted New York State Empire State Development to obtain listings of New York State business enterprises and MWBEs; or

• Placed notices for subcontractors and suppliers in newspapers, journals or other trade publications distributed in New York State; or

• Participated in offeror outreach conferences.

If the contractor determines that New York State business enterprises are not available to participate on the contract as subcontractors or suppliers, the mailto:opa@esd.ny.gov mailto:mwbecertification@esd.ny.gov https://ny.newnycontracts.com/ contractor shall provide a statement indicating the method by which such determination was made.

If the contractor does not intend to use subcontractors, the contractor shall provide a statement verifying such.

3. The contractor has complied with the federal Equal Opportunity Act of 1972

(P.L. 92-961), as amended;

4. The contractor will be required to notify New York State residents of employment opportunities through listing any such positions with Community Services Division of the New York State Department of Labor, providing for such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The agency agrees to document these efforts and to provide said documentation to OCFS upon request;

5. Offerors located in a foreign country are notified that the State may assign or otherwise transfer offset credits to third parties located in New York State, and the offerors shall be obligated to cooperate with the State in any and all respects in making such assignment or transfer, including, but not limited to, executing any and all documents deemed by the State to be necessary or desirable to effectuate such assignment or transfer, and using their best efforts to obtain the recognition and accession to such assignment or transfer by any applicable foreign government; and

6. Offerors are hereby notified that State agencies and authorities are prohibited from entering into contracts with businesses whose principle place of business is located in a discriminatory jurisdiction. “Discriminatory jurisdiction” is defined as a state or political subdivision that employs a preference or price distorting mechanism to the detriment of or otherwise discriminates against a New York State business enterprise in the procurement of commodities and services by the same or a non-governmental entity influenced by the same. A list of discriminatory jurisdictions is maintained by the Commissioner of New York State Empire State Development.

4.12 Executive Order Number 38 & 177

EO#38– Limits on State-Funded Administrative Costs & Executive Compensation

On January 18, 2012 Governor Andrew M. Cuomo issued Executive Order No. 38 “Limits on State-Funded Administrative Costs & Executive Compensation,” which requires that State agencies establish limits on State reimbursement of administrative and executive compensation costs for contracts and programs that provide direct services to clients. Contracts, payment requests and reporting must comply with this Executive Order. The Executive Order can be found at the following website address:

http://executiveorder38.ny.gov/

LEGAL NOTICE: Based upon the April 8, 2014 decision in Agencies for Children's Therapy Services, Inc. v. New York State Department of Health, et al. ("ACTS"), covered providers conducting business in Nassau County need not file Executive Order No. 38 disclosures. For purposes of this notice, "conducting business" means having a place of business within Nassau County, providing program services or administrative services involving the use or receipt of state funds or state-authorized payments within Nassau County, or otherwise conducting business within Nassau County in relation to which executive compensation is paid. Please note that the ACTS decision is under appeal. Those affected by the ACTS' decision should periodically check the EO 38 website for updates regarding any changes to this notice.

EO#177 Prohibiting State Contracts with Entities That Support Discrimination

Executive Order 177, signed on February 3, 2018, by Governor Andrew M. Cuomo directs New York State agencies and authorities not to enter into any contracts with entities that have institutional policies or practices that fail to address the harassment and discrimination of individuals on the basis of their age, race, creed, color, national origin, sex, sexual orientation, gender identity, disability, marital status, military status, or other protected basis. The contractor must provide the EO 177 certification statement before any award being made by OCFS.

4.13 Minority- and Women-Owned Business Enterprises (MWBE) – Equal

Employment Opportunity (EEO) - Requirements & Procedures

This section outlines contractor requirements and procedures for business participation opportunities for New York State certified Minority- and Women-Owned Business Enterprises (MWBE), and Equal Employment Opportunities (EEO) for minority group members and women. All forms can be found here.

New York State Executive Law (Article 15-A)

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 OCFS is required to promote opportunities for the maximum feasible participation of New York State-certified Minority- and Women-owned Business Enterprises (“MWBEs”) and the employment of minority group members and women in the performance of OCFS contracts.

http://executiveorder38.ny.gov/ https://ocfs.ny.gov/main/documents/docs.asp?document_type=1&category_number=44

MWBE Business Participation Opportunities – OCFS-Established Goals

For purposes of this solicitation, OCFS hereby establishes an overall goal of 30 percent for MWBE participation, 15 percent for New York State-certified Minority- Owned Business Enterprise (“MBE”) participation and 15 percent for New York State-certified Women-Owned Business Enterprise (“WBE”) participation (based on the current availability of MBEs and WBEs). A “Contractor” on any contract resulting from this procurement (“Contract”) must document its good faith efforts to provide meaningful participation by MWBEs as subcontractors and suppliers in the performance of the Contract. To that end, by submitting a response to this RFP, the respondent agrees that OCFS may withhold payment pursuant to any Contract awarded as a result of this RFP pending receipt of the required MWBE documentation. The directory of MWBEs can be viewed at:

https://ny.newnycontracts.com. For guidance on how OCFS will evaluate a Contractor’s “good faith efforts,” refer to 5 NYCRR § 142.8.

The respondent 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% of the total value of the contract.

Contract Compliance

In accordance with 5 NYCRR § 142.13, the respondent further acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in a Contract resulting from this RFP, such finding constitutes a breach of contract and OCFS 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…