IFB26-~1.PDF

Invitation for Bid

Title:

Pop-Up Security System Preventative Maintenance and Repairs

Contract Period/Term: Number:

5 Year Contract Upon OSC Approval IFB 26-05

Designated Contact(s) & Bid Submission Address Primary Secondary

David Torncello, Purchasing Agent david.r.torncello.nfg@army.mil

(520) 669-8952

Laurie Ives, Purchasing Agent laurie.e.ives.nfg@army.mil

(571) 644-9142 ng.ny.nyarng.mbx.mnbf-dmna-bids@army.mil

NYS Division of Military and Naval Affairs Directorate of Budget and Finance

330 Old Niskayuna Rd.

Latham, NY 12110

IFB Timeline Action Date/Time

IFB Release September 21, 2026

Site Visit Registration Deadline September 28, 2026 Mandatory Site Visits:

Camp Smith Training Site Stewart Air National Guard Base

September 30, 2026

@ 10:00 AM

@ 2:00 PM

Questions Deadline October 7, 2026 @ 3:00PM

Questions Response October 14, 2026

Bids Due October 23, 2026 @ 3:00PM

Tentative Award October 26, 2026

Anticipated Contract Issuance December 1, 2026

SUBMIT YOUR PROPOSAL ON TIME

It is the Bidder’s responsibility to allow adequate time to deliver an electronic (PREFERRED) or hardcopy bid before the date and time specified. Bidders should email notification of hardcopy bid submissions to ng.ny.nyarng.mbx.mnbf-dmna-bids@army.mil

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Division of Military and Naval Affairs mailto:david.r.torncello.nfg@army.mil mailto:laurie.e.ives.nfg@army.mil mailto:ng.ny.nyarng.mbx.mnbf-dmna-bids@army.mil

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Table of Contents Table of Contents Key Points Bid Submission Checklist

1. INTRODUCTION

1.1 Overview

1.2 Designated Contact

1.3 Minimum Bidder Requirements

1.4 Mandatory Site Visit

2. BID SUBMISSION

2.1 IFB Questions and Clarifications

2.2 Bid Format and Content

2.3 Bid Preparation

2.4 Packaging of IFB Response

2.5 Instructions for Hard-Copy Bid Submission

2.6 Examination of Contract Documents

3. ADMINISTRATIVE INFORMATION

3.1 Issuing Office

3.2 Method of Award

3.3 Price

3.4 Term of Contract

3.5 Price Adjustment (Escalation/De-escalation)

3.6 Invoicing and Payment

3.7 Past Practice

3.8 Bid Exceptions

3.9 Dispute Resolution

3.10 Glossary of Terms

3.11 Prime Contractor Responsibilities

4. CONTRACT CLAUSES AND REQUIREMENTS

4.1 Order of Precedence

4.2 Procurement Lobbying Requirement

4.3 Insurance Requirements

4.4 NYS Tax Law section 5-a

4.5 Freedom of Information Law/Trade Secrets

4.6 Drug and Alcohol Use Prohibited

4.7 Traffic Infractions

4.8 Contract Terms

4.9 Subcontractors

4.10 NYS Reserved Rights

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4.11 Debriefings

4.12 Termination

4.13 NYS Standard Vendor Responsibility

4.14 Ethics Compliance

4.15 Indemnification

4.16 Force Majeure

4.17 Attachments and Appendices

Attachment 1a - STATEMENT OF WORK (SOW) Attachment 1b - STATEMENT OF WORK (SOW) Attachment 2a - Bid Form Attachment 2b - Bid Form Attachment 3 - No Bid Form Attachment 4 – References Appendix A - Standard Clauses for New York State Contracts Appendix B - General Specifications for DMNA Contracts Appendix C – Required Forms Appendix D - Bid Protest Procedures

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Key Points

• Read this document and associated attachments in their entirety.

Note key items such as critical dates, commodities and services required, qualifying and mandatory requirements, and proposal submission requirements.

• Bidder proposals must completely address all qualifying and mandatory requirements.

To ensure your proposal is valid, thoroughly read all proposal requirements and provide complete responses.

Ensure all aspects of each requirement are met. Use the forms provided to submit your response.

• Note the name and email of the designated contacts listed on the front page of this document.

These are the only individuals that you are permitted to contact regarding this procurement in accordance with Procurement Lobbying Law.

• All announcements relating to this bid will be disseminated via NYS Contract Reporter and email.

It is the Bidder’s responsibility to check the NYS Contract Reporter and their email periodically for any updates. All applicable amendment information must be incorporated into the Bidder’s proposal. Failure to include any such information in your proposal may result in disqualification.

• Take advantage of the question-and-answer periods.

Question-and-answer periods are your opportunity to seek clarification. Please utilize this process to understand requirements, as well as raise any questions or concerns with your ability to bid. Submit your questions via email to the designated contacts by the dates listed in the timeline on the front page of this document. Responses to the questions will be sent to all potential Bidders via email. Additional information about questions and answers can be found in Section 2.1 IFB Questions and Clarifications.

• Review this document and your proposal.

Make sure all requirements are fully addressed, and all copies are identical, legible, and complete.

• Attend the Mandatory Pre-Bid Site Visit.

Interested Bidders must attend the Pre-Bid Site Visit (See Section 1.4 Mandatory Site Visit) to be eligible to submit a bid in response to this IFB.

• Prevailing Wages The work under this contract has been determined to be a public work pursuant to [Article 8/9] of the New York Labor Law. PRC# 2026025489 has been assigned to this project.

• Package your proposal as required.

Make sure your proposal meets the packaging requirements. Proposals not packaged accordingly may be deemed non-responsive. Additional information about packaging and content can be found in Section 2.4 Packaging of IFB Response and Section 2.5 Instructions for Hard-copy Bid Submission.

• Submit your proposal on time.

It is the Bidder’s responsibility to allow adequate time to deliver an electronic or hardcopy bid before the date and time specified. Electronic bid submission is preferred. Bidders should notify ng.ny.nyarng.mbx.mnbf-dmna-bids@army.mil if a hardcopy bid is being submitted.

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Bid Submission Checklist Please use this basic checklist to ensure all documents are included within your bid submission. Failure to provide the required documents may result in being found non-responsive and your bid will not be considered for award.

□ Attachment 2a and/or 2b – Bid Forms

□ Attachment 4 – References

□ The information requested in Section 1.3, Minimum Bidder Requirements.

□ Forms due at time of bid submission (Appendix C)

Site Visit Registration Form Non-Collusive Bidder Certification Offeror’s Affirmation of Understanding and Agreement MacBride Fair Employment Principles Sexual Harassment Prevention Certification Gender-Based Violence and the Workplace Certification Executive Order No. 14 and 16 Certification Executive Order No. 177 Certification Proof of Insurance – Workers Compensation and Disability, or CE-200

Exemption Copy of Bidder’s Department of Labor Registration Certificate (Effective

December 30, 2024, all Bidders/Contractors submitting new bids or commencing new work covered by Article 8 of the New York State Labor Law must be registered with the New York State Department of Labor (DOL). Contractors register with DOL through DOL’s Contractor Registry portal. If approved, a Certificate of Registration will be issued)

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1. INTRODUCTION

1.1 Overview

The New York State Division of Military and Naval Affairs (DMNA), Camp Smith Training Site (CSTS) and Stewart Air National Guard Base (ANGB) are seeking a responsible vendor to provide pop-up security system preventative maintenance and repair services per the scope of work included within.

1.2 Designated Contact

Pursuant to State Finance Law §§139-j and 139-k, David Torncello, Purchasing Agent, has been designated as the PRIMARY contact for this procurement solicitation and may be reached by email, voice, or fax for all inquiries regarding this solicitation. In compliance with the Procurement Lobbying Law, contact is limited to only the individuals listed below.

David Torncello, Purchasing Agent NYS Division of Military and Naval Affairs Budget and Finance, Purchasing and Contracting 330 Old Niskayuna Road Latham, New York 12110-3514 Voice: (520) 669-8952 Fax: (518) 786-4824 Email: david.r.torncello.nfg@army.mil

In the event the designated contact is not available, the alternate designated contact is:

Laurie Ives, Purchasing Agent NYS Division of Military and Naval Affairs Budget and Finance, Purchasing and Contracting 330 Old Niskayuna Road Latham, New York 12110-3514 Voice: (571) 644-9142 Fax: (518) 786-4824 Email: laurie.e.ives.nfg@army.mil

1.3 Minimum Bidder Requirements

Contractor must be certified for the Operation and Maintenance of RSSI Vehicle Barriers.

Contractor must have the necessary facilities, experience, capability, equipment, and financial resources to supply the items requested and to perform and services needed in a timely manner.

All work shall be in strict compliance with all local and state codes, ordinances, laws, and policies.

The State of New York retains the right to request any additional information pertaining to the Contractor's ability, qualifications, and procedures used to accomplish all work under this contract, as it deems necessary to ensure safe and satisfactory work.

1.4 Mandatory Site Visit

Bidders intending to submit a bid will be required to attend mandatory site visits, located at:

• Camp Smith Training Site, 11 Bear Mountain Road, Cortland Manor, NY 10567: 09/30/2026 @10:00AM

• Stewart Air National Guard Base, 1 Maguire Way, Newburgh, NY 12550: 09/30/2026 @2:00PM mailto:david.r.torncello.nfg@army.mil mailto:laurie.e.ives.nfg@army.mil

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These are the only dates and times available for inspection. Alternate dates for additional site inspections will not be available. Attendees will be required to sign in and provide basic company and contact information. This information will be used to verify attendance and to communicate any changes to the solicitation (addenda).

Therefore, it is imperative that the information provided be legible and accurate. Failure to attend the mandatory site visits will result in rejection of bid.

The facilitator of the event will publicly announce the official start time of the site visit, which announcement shall be made no sooner than the time stated in the IFB Timeline above. Prospective Bidders arriving after the official start time of the site visit will be precluded from attending the site visit, and therefore unable to submit a responsive bid.

Due to security procedures, all Bidders MUST pre-register by 09/28/2026 by emailing the registration form to ng.ny.nyarng.mbx.mnbf-dmna-bids@army.mil. It is recommended that attendees arrive at the building at least 15 minutes prior to the scheduled time. Photo identification is required. A site visit registration form is included in Appendix C.

In accordance with State Finance Law §139-j(3)(a)(3), these mandatory site visits are covered by the permissible subject matter authorization. A vendor is authorized to speak with representatives other than Designated Contact(s) for the sole purpose of the site visit (to arrange attendance, during the conduct of the visit and to pose questions regarding the site).

The site visits will provide an opportunity for Bidders to see firsthand the property and the special needs of the facility. Questions during the site visits will be permitted. It is suggested that the Bidder note the question and ask at the end of the tour. Verbal answers are not official answers. All questions asked at the conference or after the tour must be submitted via email to the designated contact for this solicitation no later than the date and time indicated in the IFB Timeline. Official answers to all questions will be distributed in the form of an addendum via email to all attendees of the mandatory site visits. Only answers provided by addendum are considered official.

NOTE: If there are any questions Bidders would like addressed at the site visit, Bidders should submit them in writing as instructed in Section 2.1 – IFB Questions and Clarifications, to the designated contact prior to the date of the site visit. Questions during the site visits will be permitted, however, only questions submitted in writing and answered via addendum will be considered official.

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2. BID SUBMISSION

2.1 IFB Questions and Clarifications

Questions and requests for clarification regarding this IFB 26-05 shall only be directed to:

David Torncello, Purchasing Agent

Budget and Finance, Purchasing and Contracting 330 Old Niskayuna Road Latham, New York 12110-3514 Voice: (520) 669-8952 Fax: (518) 786-4824 Email: david.r.torncello.nfg@army.mil

Questions and/or requests for clarification are only accepted via email and in writing. Official answers to questions will be provided via addendum. Deadline for submission of questions will be as stated in the IFB Timeline.

2.2 Bid Format and Content

For the State to evaluate bids fairly and completely, Bidders shall follow the format set forth herein and shall provide all the information requested. All items identified in the following list must be addressed as concisely as possible in order for a bid to be considered complete.

1. Cover Letter. The cover letter shall confirm that: (1) the Bidder understands all the terms and conditions contained in this IFB; (2) will comply with all the provisions of this IFB; and, (3) should the contract be awarded to your company, you are prepared to begin services upon the New York State Comptroller’s contract approval. A Bidder representative authorized to make contractual obligations must sign the cover letter.

2. Experience. Bidder shall describe its capabilities to provide the services requested in this IFB by providing the following:

Indicate the number of consecutive years the Bidder has been actively in business.

Provide certifications as described in Section 1.3 – Minimum Bidder Requirements

3. Pricing. Bidder shall submit a completed Bid Forms (Attachment 2a and/or 2b).

4. Required Forms. All other required completed forms from Appendix C.

Note: DMNA reserves the right to request any additional information it deems necessary to ensure that the Bidder is able to fulfill the requirements of the contract.

2.3 Bid Preparation

All bids must be completed in ink or typed. Bids submitted handwritten in pencil will be disqualified.

2.4 Packaging of IFB Response

Please submit ONE (1) original of the Cover Letter, Bid Form, and the Acknowledgement Page found in Attachment 2a and/or 2b. Please complete and submit ONE (1) original of all forms found in Appendix C – Required Forms.

The preferred method of submission is via email to ng.ny.nyarng.mbx.mnbf-dmna-bids@army.mil. If submitting a hard-copy bid, the bid documents shall be submitted by mail, hand delivery, overnight carrier, or certified mail in a package showing the following information on the outside:

mailto:david.r.torncello.nfg@army.mil

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Bidder’s name and address Solicitation Number: IFB 26-05 Due Date and Time: 10/23/2026, 3:00PM Bid For: Pop-Up Security System Preventative Maintenance and Repairs

Failure to complete all information on the bid envelope and/or packages may necessitate the premature opening of the bid and may compromise confidentiality.

2.5 Instructions for Hard-Copy Bid Submission

Only those Bidders who furnish all required information and meet the mandatory requirements will be considered.

Submit all required bid documents including bid addenda, if any, to the DMNA Budget and Finance Directorate at the following address:

Budget and Finance, Purchasing and Contracting 330 Old Niskayuna Road Latham, NY 12110-3514 Attention: David Torncello

The State of New York will not be held liable for any cost incurred by the Bidder for work performed in the preparation and production of a bid or for any work performed prior to the formal execution of a contract. Bids must be received in the above office on or before 3:00 PM EST on the date indicated in the IFB Timeline. Bidders assume all risks for timely, properly submitted deliveries.

The received time of bids will be determined by the clock at the above noted location.

NO CONSIDERATION WILL BE GIVEN TO BIDS RECEIVED AFTER THE STATED DATE AND TIME.

Bidders mailing their bid must allow sufficient mail delivery time to ensure receipt of their bid at the specified location no later than the specified date and time. Delays in United States mail deliveries or any other means of transmittal, including couriers or agents of the bidding entity shall not excuse late bid submissions. Similar types of delays, including but not limited to, bad weather or security procedures for parking and building admittance shall not excuse late bid submissions.

Bids must remain open and valid for 120 days from the due date, unless the time for awarding the contract is extended by mutual consent of NYS DMNA and the Bidder. A bid shall continue to remain an effective offer, firm and irrevocable, subsequent to such 120-day period until either tentative award of the contract(s) by issuing office is made or withdrawal of the bid is received in writing by the Bidder. Tentative award of the contract(s) shall consist of written notice to that effect by the issuing office to the successful Bidder. 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.

Important Building Access Procedures for Delivered Bids:

Building access procedures are in effect at the DMNA Headquarters. Photo identification is required. All visitors must register for building access for delivering bids or attending the bid opening by calling or emailing designated contact at least 24 hours prior to the bid opening.

2.6 Examination of Contract Documents

Each Bidder is under an affirmative duty to inform itself by personal examination of the specifications and location of the proposed work and by such other means as it may select, of the character, quality, and extent of the work to be performed and the conditions under which the contract is to be executed.

Each Bidder shall examine specifications and all other data or instruction pertaining to the service. No pleas of ignorance of conditions that may be encountered or of any other matter concerning the service will be accepted

26-05 Pop-Up Security System Preventative Maintenance and Repairs Page 10 by the Adjutant General of DMNA or a designated representative as an excuse for any failure or omission on the part of the Bidder to fulfill every detail of all the requirements of the documents governing the Service. The Bidder, if awarded a contract, will not be allowed any extra compensation by reason of any matter or thing concerning which such Contractor might have fully informed itself prior to bidding.

Any Bidder in doubt as to the true meaning of any part of this IFB or the proposed contract documents shall submit to the designated contact a written request for an interpretation thereof. If a major change is involved on which all Bidders must be informed, such request for interpretation shall be delivered, in writing, by email, by the closing date for inquiries. Any interpretation of the proposed documents will be made only by an addendum duly issued. A copy of such addendum will be mailed or delivered to each potential Bidder.

Any addendum issued during the bidding process shall be included in bids and in closing a contract will become a part thereof.

Any verbal information obtained from, or statements made by representatives of the Adjutant General of DMNA at the time of examination of the documents shall not be construed as in any way amending contract documents.

Only such corrections or addenda as are issued in writing to all Bidders shall become a part of the contract. The Adjutant General of DMNA will not be responsible for verbal instructions

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3. ADMINISTRATIVE INFORMATION

3.1 Issuing Office

This IFB is being released by DMNA, Budget and Finance Directorate, Purchasing and Contracting Section on behalf of DMNA’s Camp Smith Training Site and Stewart Air National Guard Base

3.2 Method of Award

DMNA intends to award one or more contract(s) to the lowest responsive and responsible Bidder. The lowest Bidder shall be determined by the Grand Total Bid as represented on the Bid Form (Attachment 2a and/or 2b).

Provide pricing based on labor, parts/materials, equipment, and overhead costs for proper completion of full scope of work detailed in the specifications. Contractor shall be paid for actual hours worked, actual services rendered, and actual parts/materials required to complete the service.

Upon determination of the lowest responsive and responsible Bidder, a contract document will be drawn up and is hereby incorporated by reference and made a part hereof as fully as if set forth at length herein. The contract document will be completed with the successful Bidder’s information and appended to this IFB and the successful Bidder’s bid to form the contract between the parties that will be processed for all necessary state approvals.

The Grand Total Bid amount of the successful Bidder shall be used to calculate the total contract value.

The total contract value shall not be exceeded.

3.3 Price

The bid price shall be inclusive of all costs including shipping, travel, licenses, insurance, administrative, profit and other ancillary costs. For the purposes of this contract, full service shall mean that the Contractor's bid price includes: all labor, material and equipment cost, all administrative, reporting or other requirements, all overhead costs and profit. Details of service not explicitly stated in these specifications, but necessarily attendant thereto, are deemed to be understood by the Contractor and included herein.

Bidders must submit pricing using the Bid Form (Attachment 2a and/or 2b) contained in this document. Bidders must provide pricing for all items on the Bid Form.

The Contractor agrees that from the effective date of the contract until contract termination, the rates charged by the Contractor and paid for by DMNA will be equal to or lower than any rates provided by the Contractor to other clients for like services.

3.4 Term of Contract

The term for the contract(s) awarded in response to this solicitation will be effective December 1, 2026, through November 30, 2031, subject to approval by the OSC.

3.5 Price Adjustment (Escalation/De-escalation)

The Contractor is to submit a bid that will be fixed for one (1) year only. On each anniversary date of the contract, the Contractor may be granted an increase or decrease in their bid, dependent upon fluctuations in the Consumer Price Index for All Urban Consumers (CPI-U), Northeast, as published by the U.S. Department of Labor, Bureau of Labor Statistics, Washington, D.C. 20212. Visit their website at http://www.bls.gov/cpi . Under no circumstance will the increase exceed three percent (3%).

The ‘base’ month for determining adjustments will be the third month prior to the start date of the contract. The base month is fixed and will not be adjusted year to year. The adjustments will be based on the difference in the base month CPI for each applicable year and will become effective in the anniversary month. For example, if the http://www.bls.gov/cpi

26-05 Pop-Up Security System Preventative Maintenance and Repairs Page 12 contract is awarded in January 2013, the ‘base’ month will be October. If the contract allows for an adjustment after the first year, it would be based on the difference between the October 2012 CPI and the October 2013 CPI and become effective in January 2014. The consumer price index is published around the middle of each month for the prior month (i.e. the October figure is not published until mid-November). The Contractor has the sole responsibility to request, in letter or email form, an adjusted rate and shall provide a copy of the index and other supporting documentation necessary to support the increase or decrease with the request. This request and documentation must be received at the below address within three months of the contract anniversary date. To ensure timely delivery, email or certified mail is recommended. As long as the request is submitted and received within the required time frame, the adjustment will be processed using the base month Consumer Price Index.

Once approved, the Contractor will be notified in writing. Request and documentation must be sent to the Division of Military and Naval Affairs, 330 Old Niskayuna Road, MNBF-PC, Latham, New York 12110 or emailed to ng.ny.nyarng.mbx.mnbf--procurement@army.mil

Should a Contractor fail to submit the request and supporting documentation to the proper location within three months after the applicable anniversary date, Contractor shall be deemed to have waived its right to any increase in price, but the State shall not be barred from making the appropriate adjustment in the case of a decrease determined in accordance with the above methodology.

Please note that the Material Percentage Mark-up shall remain fixed for the contract term.

3.6 Invoicing and Payment

The Contractor is required to provide the Authorized User with a proper invoice at the time of delivery. The invoice must include detailed line-item information to allow Authorized Users to verify that pricing at point of receipt matches the Contract price on the original date of order. At a minimum, the following fields must be included on each invoice:

• Contractor Name

• Contractor Billing Address

• Contractor Federal ID Number

• NYS Vendor ID Number

• Account Number

• NYS Contract Number

• Name of Authorized User indicated on the Purchase Order

• NYS Agency Unit ID (if applicable)

• Authorized User’s Purchase Order Number

• Order Date

• Invoice Date

• Invoice Number

• Invoice Amount

• Product Descriptions

• Unit Price

• Quantity

• Unit of Measure

• Labor Rate

• Job Title

Cost centers or branch offices within an Authorized User may require separate invoicing as specified by each Authorized User. The Contractor's billing system shall be flexible enough to meet the needs of varying ordering systems in use by different Authorized Users. Visit the following link for further guidance for vendors on invoicing:

https://bsc.ogs.ny.gov/nys-vendors.

mailto:ng.ny.nyarng.mbx.mnbf--procurement@army.mil https://bsc.ogs.ny.gov/nys-vendors

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3.7 Past Practice

The failure to exercise any right hereunder in the past shall not operate as a waiver of such right. No breach of this agreement shall be deemed waived unless such waiver shall be in writing and signed by the party claimed to have waived. No waiver of any breach of the Agreement at any time in the past shall constitute a waiver of subsequent breach.

3.8 Bid Exceptions

The issuing office will consider all requests to waive any bid requirement. However, Bidders should be aware that failure to obtain a waiver of any bid requirement in advance of bid submission could result in rejection of Bidder’s bid and disqualification from the bidding process. Bidders wishing to obtain an exemption or waiver for any part of this solicitation must contact the issuing office in writing by the Questions Due Date as identified in the IFB Timeline. The request must cite the specific section and requirement in question and clearly identify any proposed alternative. Requests will be considered and responded to in writing, either through an addendum (if the response results in a change to the IFB), or directly to the requesting vendor.

3.9 Dispute Resolution

It is the policy of DMNA, Budget and Finance Directorate to provide vendors with an opportunity to administratively resolve disputes or inquiries related to DMNA contract awards. Bidders are encouraged to seek resolution of disputes through consultation with the Designated Contact(s). After being notified of the results of this contract opportunity, any entity or individual that participated in the procurement may submit a protest of the resulting contract award.

3.10 Glossary of Terms

“Issuing Office” shall mean the New York State Division of Military and Naval Affairs.

“Contractor”/” Vendor” shall mean a successful company awarded a contract pursuant to this IFB.

“Invitation for Bid” or “IFB” shall mean this document.

The “State” shall mean the People of the State of New York, which shall also mean the New York State Division of Military and Naval Affairs.

“Adjutant General” shall mean the Adjutant General of the New York State Division of Military and Naval Affairs or his/her duly authorized representative.

“Offerer” or “Bidder” shall mean any person, partnership, firm, corporation or other authorized entity submitting a bid to the State pursuant to this IFB.

3.11 Prime Contractor Responsibilities

The State will contract only with the successful proposer who is the prime Contractor. The issuing office considers the prime Contractor, the sole Contractor with regarding all provisions of the solicitation, and the contract resulting from the solicitation.

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4. CONTRACT CLAUSES AND REQUIREMENTS

With the submission of a response to this IFB, the Bidder agrees to the proposal conditions as outlined in this section.

4.1 Order of Precedence

In the event of any inconsistency in or conflict among the document elements of the future contract identified herein, such inconsistency or conflict shall be resolved by giving precedence to the document elements in the order set forth below:

1. Appendix A Standard Clauses for New York State Contracts

2. Appendix B General Specifications for DMNA Contracts

3. Executed Agreement

4. IFB, including all other associated Appendices, Attachments, Addenda and Questions and Answers

5. Contractor’s Bid in Response to the IFB.

4.2 Procurement Lobbying Requirement

Pursuant to State Finance Law §§139-j and 139-k, this solicitation includes and imposes certain restrictions on communications between DMNA and an Offeror/Bidder during the procurement process. An Offeror/Bidder is restricted from making contact from the earliest notice of intent to solicit offers/bids through final award and approval of the procurement contract by DMNA and, if applicable, OSC (“restricted period”) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j(3)(a). Designated staff, as of the date hereof, are identified on the first page of this solicitation. DMNA employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Offeror/Bidder pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a four-year period; the Offeror/Bidder is debarred from obtaining governmental procurement contracts. Further information about these requirements can be found on the OGS website:

https://ogs.ny.gov/acpl/procurement-lobbying-law.

4.3 Insurance Requirements

The Bidder shall be required to procure, at its sole cost and expense, all insurance required.

The Bidder shall be required to provide proof of compliance with the requirements, as follows:

• Proof of Workers’ Compensation and Disability Benefits Insurance should be provided in accordance with Section B below;

• Proof of all other insurance shall be provided in accordance with Section B below;

• After award, the Contractor shall be required to provide proof of all insurance after policy renewal or upon request according to the timelines set forth in Section A.13 below.

Bidders and Contractors shall be required to procure, at their sole cost and expense, and shall maintain in force at all times during the term of any Contract resulting from this Solicitation/this Contract, policies of insurance as required by this section. All insurance required shall be written by companies that have an A.M. Best Company rating of “A-,” Class “VII” or better. In addition, companies writing insurance intended to comply with the requirements of this solicitation should be licensed or authorized by the New York State Department of Financial Services to issue insurance in the State of New York. DMNA may, in its sole discretion, accept policies of insurance written by a non-authorized carrier or carriers when certificates and/or other policy documents are accompanied by a completed Excess Lines Association of New York (ELANY) affidavit or other documents demonstrating the company’s strong financial rating. If, during the term of a policy, the carrier’s A.M.

https://ogs.ny.gov/acpl/procurement-lobbying-law

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Best rating falls below “A-,” Class “VII,” the insurance must be replaced, on or before the renewal date of the policy, with insurance that meets the requirements above.

Bidders and Contractors shall deliver to DMNA evidence of the insurance required by this Solicitation and any Contract resulting from this Solicitation/Contract in a form satisfactory to DMNA.

Policies must be written in accordance with the requirements of the paragraphs below, as applicable. While acceptance of insurance documentation shall not be unreasonably withheld, conditioned, or delayed, acceptance and/or approval by DMNA does not, and shall not be construed to relieve Bidders or Contractors of any obligations, responsibilities or liabilities under this Solicitation and any Contract resulting from this Solicitation/Contract.

The Contractor shall not take any action or omit to take any action that would suspend or invalidate any of the required coverages during the term of any Contract resulting from this Solicitation/the Contract.

A. General Conditions Applicable to Insurance.

Only original documents (certificates of insurance and any endorsements and other attachments) or electronic versions of the same that can be directly traced back to the insurer, agent or broker via email distribution or similar means will be accepted.

DMNA requires Contractors to submit only certificates of insurance and additional insured endorsements. Contractors should refrain from submitting entire insurance policies. If an entire insurance policy is submitted but not requested, DMNA shall not be obligated to review it and shall not be chargeable with knowledge of its contents. In addition, the submission of an entire insurance policy not requested by DMNA does not constitute proof of compliance with the insurance requirements and does not discharge Contractors from submitting the requested insurance documentation. DMNA reserves the right to request other proof of insurance, including, but not limited to, policies, and Contractors agree to comply with all reasonable requests.

All policies of insurance required by this Solicitation and any Contract resulting from this Solicitation/Contract shall comply with the following requirements:

1. Coverage Types and Policy Limits. The types of coverage and policy limits required from

Bidders and Contractors are specified in Paragraph B Insurance Requirements below.

2. Policy Forms. Except as otherwise specifically provided herein or agreed to in any Contract resulting from this Solicitation/Contract, all policies of insurance required by this Attachment shall be written on an occurrence basis. In the event that occurrence-based coverage is not commercially available, DMNA reserves the right to accept claims-made policy forms, in its sole discretion, provided that, at minimum, it includes provisions that allow for (a) reporting circumstances or incidents that may give rise to future claims and (b) an extended reporting period of not less than three (3) years with respect to events that occurred but were not reported during the term of the policy.

3. Certificates of Insurance/Notices. Bidders and Contractors shall provide DMNA with a Certificate or Certificates of Insurance, in a form satisfactory to DMNA as detailed below, and pursuant to the timelines set forth in Section A.13. below. Certificates shall name The New York State Division of Military and Naval Affairs 330 Old Niskayuna Rd. Latham, NY 12110 as the certificate holder.

Certificates of Insurance shall:

• Be in the form acceptable to DMNA and in accordance with the New York State Insurance Law (e.g., an ACORD 25);

• Disclose any deductible, self-insured retention, aggregate limit, or exclusion to the policy that materially changes the coverage required by this Solicitation and any Contract resulting from this Solicitation/Contract;

• Be signed by an authorized representative of the referenced insurance carriers; and

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• Contain the following language in the Description of Operations / Locations / Vehicles section of the Certificate or on a submitted endorsement: Additional insured protection afforded is on a primary and non-contributory basis. A waiver of subrogation is granted in favor of the additional insureds.

4. Primary Coverage. All Commercial General Liability, Business Automobile Liability, and Umbrella/Excess Liability insurance policies shall provide that the required coverage shall be primary and non-contributory to other insurance available to the People of the State of New York, the New York State Division of Military and Naval Affairs, any entity authorized by law or regulation to use any Contract resulting from this Solicitation/the Contract and their officers, agents, and employees. Any other insurance maintained by the People of the State of New York, the New York State Division of Military and Naval Affairs, any entity authorized by law or regulation to use any Contract resulting from this Solicitation/the Contract and their officers, agents, and employees shall be excess of and shall not contribute with the Bidder/Contractor’s insurance.

5. Breach for Lack of Proof of Coverage. The failure to comply with the requirements of this Attachment at any time during the term of any Contract resulting from this Solicitation/the Contract shall be considered a breach of the terms of any Contract resulting from this Solicitation/the Contract and shall allow the People of the State of New York, the New York State Division of Military and Naval Affairs, any entity authorized by law or regulation to use any Contract resulting from this Solicitation/the Contract and their officers, agents, and employees to avail themselves of all remedies available under any Contract resulting from this Solicitation/the Contract, at law or in equity.

6. Self-Insured Retention/Deductibles. Certificates of Insurance must indicate the applicable deductible/self-insured retentions for each listed policy. Deductibles or self-insured retentions above $100,000.00 are subject to approval from DMNA. Such approval shall not be unreasonably withheld, conditioned, or delayed. Bidders and Contractors shall be solely responsible for all claim expenses and loss payments within the deductibles or self-insured retentions. If the Bidder/Contractor is providing the required insurance through self-insurance, evidence of the financial capacity to support the self-insurance program along with a description of that program, including, but not limited to, information regarding the use of a third-party administrator shall be provided upon request.

7. Subcontractors. Prior to the commencement of any work by a Subcontractor, the Contractor shall require such Subcontractor to procure policies of insurance as required by this Attachment and maintain the same in force during the term of any work performed by that Subcontractor. An Additional Insured Endorsement CG 20 38 12 19 (or the equivalent) evidencing such coverage shall be provided to the Contractor prior to the commencement of any work by a Subcontractor and pursuant to the timelines set forth in Section A.13. below, as applicable, and shall be provided to DMNA upon request. For Subcontractors that are self-insured, the Subcontractor shall be obligated to defend and indemnify the above-named additional insureds with respect to the Commercial General Liability and Business Automobile Liability policies, in the same manner that the Subcontractor would have been required to pursuant to this section had the Subcontractor obtained such insurance policies.

8. Waiver of Subrogation. For all Commercial General Liability, Business Automobile Liability, Umbrella/Excess Liability policies and the workers’ compensation insurance required below, the Bidder/Contractor shall cause to be included in its policies insuring against loss, damage or destruction by fire or other insured casualty a waiver of the insurer’s right of subrogation against People of the State of New York, the New York State Division of Military and Naval Affairs, any entity authorized by law or regulation to use any Contract resulting from this Solicitation/the Contract and their officers, agents, and employees, or, if such waiver is unobtainable (i) an express agreement that such policy shall not be invalidated if the Contractor waives or has waived before the casualty, the right of recovery against People of the State of New York, the New York State Division of Military and Naval Affairs, any entity authorized by law or regulation to use any Contract resulting from this Solicitation/the

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Contract and their officers, agents, and employees or (ii) any other form of permission for the release of People of the State of New York, the New York State Division of Military and Naval Affairs, any entity authorized by law or regulation to use any Contract resulting from this Solicitation/the Contract and their officers, agents, and employees. A Waiver of Subrogation Endorsement shall be provided upon request. A blanket Waiver of Subrogation Endorsement evidencing such coverage is also acceptable.

9. Additional Insured. The Contractor shall cause to be included in each of the Commercial General Liability, Business Automobile Liability, and Umbrella/Excess Liability policies required below coverage for on-going operations naming as additional insureds (via ISO coverage forms CG 20 10 12 19 and form CA 20 48 10 13, or a form or forms that provide equivalent coverage): People of the State of New York, the New York State Division of Military and Naval Affairs, any entity authorized by law or regulation to use any Contract resulting from this Solicitation/the Contract and their officers, agents, and employees. An Additional Insured Endorsement, or the equivalent, evidencing such coverage shall be provided to DMNA pursuant to the timelines set forth in Section 13 below. A blanket Additional Insured Endorsement evidencing such coverage is also acceptable. For Contractors who are self-insured, the Contractor shall be obligated to defend and indemnify the above-named additional insureds with respect to the Commercial General Liability and Business Automobile Liability policies, in the same manner that the Contractor would have been required to pursuant to this section had the Contractor obtained such insurance policies.

10. Excess/Umbrella Liability Policies. Required insurance coverage limits may be provided through a combination of primary and excess/umbrella liability policies. If coverage limits are provided through excess/umbrella liability policies, then a Schedule of Underlying Insurance listing policy information for all underlying insurance policies (insurer, policy number, policy term, coverage and limits of insurance), including proof that the excess/umbrella insurance follows form must be provided upon request.

11. Notice of Cancellation or Non-Renewal. Policies shall be written to include the requirements for notice of cancellation or non-renewal in accordance with the New York State Insurance Law. Within five (5) business days of receipt of any notice of cancellation or non-renewal of insurance, the Contractor shall provide DMNA with a copy of any such notice received from an insurer together with proof of replacement coverage that complies with the insurance requirements of this Solicitation and any Contract resulting from this Solicitation/Contract.

12. Policy Renewal/Expiration. Upon policy renewal/expiration, evidence of renewal or replacement of coverage that complies with the insurance requirements set forth in this Solicitation and any Contract resulting from this Solicitation/Contract shall be delivered to DMNA. If, at any time during the term of any Contract resulting from this Solicitation/the Contract, the coverage provisions and limits of the policies required herein do not meet the provisions and limits set forth in this Solicitation and any Contract resulting from this Solicitation/Contract, or proof thereof is not provided to DMNA, the Contractor shall immediately cease work. The Contractor shall not resume work until authorized to do so by

DMNA.

13. Deadlines for Providing Insurance Documents after Renewal or Upon Request. As set forth herein, certain insurance documents must be provided to the DMNA contact identified in the Contract Award Notice after policy renewal or upon request. This requirement means that the Contractor shall provide the applicable insurance document to DMNA as soon as possible but in no event later than the following time periods:

• For certificates of insurance: 5 business days from request or renewal;

• For information on self-insurance or self-retention programs: 15 calendar days from request or renewal;

• For other requested documentation evidencing coverage: 15 calendar days from request

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• For additional insured and waiver of subrogation endorsements: 30 calendar days from request or renewal; and

• For notice of cancellation or non-renewal and proof of replacement coverage that complies with the requirements of this section: 5 business days from request or renewal.

Notwithstanding the foregoing, if the Contractor shall have promptly requested the insurance documents from its broker or insurer and shall have thereafter diligently taken all steps necessary to obtain such documents from its insurer and submit them to DMNA, DMNA shall extend the time period for a reasonable period under the circumstances, but in no event shall the extension exceed 30 calendar days.

B. Insurance Requirements.

Bidders and Contractors shall obtain and maintain in full force and effect, throughout the term of any Contract resulting from this Solicitation/the Contract, at their own expense, the following insurance with limits not less than those described below and as required by the terms of any Contract resulting from this Solicitation/the Contract, or as required by law, whichever is greater:

Insurance Type Proof of Coverage is Due

Commercial General Liability No less than $1,000,000 each occurrence At the time of bid submission and updated in accordance with the requirements of this solicitation.

General Aggregate $2,000,000

*Products-Completed Operations Aggregate

$2,000,000

Personal and Advertising Injury $1,000,000

Medical Expenses Limit $5,000

Business Automobile Liability No less than $1,000,000 each accident

Workers’ Compensation Disability Benefits *Only required if you are the manufacturer of the product being sold.

1. Commercial General Liability Insurance. Such liability shall be written on the current edition of ISO occurrence form CG 00 01, or a substitute form providing equivalent coverage and shall cover liability arising from premises operations, independent Contractors, products-completed operations, broad form property damage, personal & advertising injury, cross liability coverage, liability assumed in a contract (including the tort liability of another assumed in a contract) [and explosion, collapse & underground coverage].

Policy shall include bodily injury, property damage and broad form contractual liability within the following:

• General Aggregate

• Products – Completed Operations Aggregate

• Personal and Advertising Injury

• Each Occurrence

Coverage shall include, but not be limited to, the following:

• Premises liability;

• Independent Contractors;

• Blanket contractual liability, including tort liability of another assumed in a contract;

• Defense and/or indemnification obligations, including obligations assumed under any

Contract resulting from this Solicitation/the Contract;

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• Cross liability for additional insureds; and

• Products/completed operations for a term of no less than three [1-3] years, commencing upon acceptance of the work, as required by the Contract.

2. Business Automobile Liability Insurance. Such insurance shall cover liability arising out of automobiles used in connection with performance under any Contract resulting from this Solicitation/the Contract, including owned, leased, hired and non-owned automobiles bearing or, under the circumstances under which they are being used, required by the Motor Vehicles Laws of the State of New York to bear, license plates.

In the event that the Bidder/Contractor does not own, lease or hire any automobiles used in connection with performance under any Contract resulting from this Solicitation/the Contract, the Bidder/Contractor does not need to obtain Business Automobile Liability Insurance, but must attest to the fact that the Contractor does not own, lease or hire any automobiles used in connection with performance under any Contract resulting from this Solicitation/the Contract on a form provided by DMNA.