ITS C000988 ITS Discretionary Procurement Figma SaaS Licenses 2026-28.FINAL8.12.pdf

KATHY HOCHUL

Governor

DRU RAI

NYS Chief Information Officer

Discretionary Procurement # C000988

Agency: New York State Office of Information Technology Services Contract Number: C000988 Contract term: December 12, 2026 – December 11, 2028 Procurement Title: Figma (SaaS) Licenses 2026-28 Work Location: Albany, NY

EVENTS DATE

Solicitation Release Date 8/20/26

Bid Due Date 9/11/26 by 2:30 PM

ALL RESPONSES MUST BE SUBMITTED ELECTRONICALLY VIA E-MAIL:

its.sm.MAT.Solicitations@its.ny.gov

The points of contact for this Discretionary Procurement is:

Primary Contact: Katherine Olsen, Contract Manager

Secondary Contact: Laura Crammond, Contract Manager

No other method of inquiries will be accepted.

Procurement Lobbying Law/Restricted Period is in effect for this Solicitation.

Under the requirements of the Procurement Lobbying Act, all communications regarding advertised Procurements are to be channeled only through the primary contacts identified herein.

mailto:its.sm.MAT.Solicitations@its.ny.gov

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C000988 Figma (SaaS) Licenses 2026-28

Table of Contents

1.0 INTRODUCTION

2.0 PROCUREMENT BACKGROUND

3.0 MINIMUM QUALIFICATIONS & ELIGIBILITY CRITERIA

4.0 SCOPE OF WORK

5.0 EQUAL EMPLOYMENT OPPORTUNITY AND SUPPLIER DIVERSITY

REQUIREMENTS

6.0 HOW TO RESPOND

7.0 ADDITIONAL DOCUMENTATION

8.0 EVALUATION PROCESS

9.0 METHOD OF PAYMENT

10.0 ITS RESERVED RIGHTS

11.0 TERM OF CONTRACT

12.0 CONTRACT DOCUMENTS

13.0 CONTACT INFORMATION

Solicitation Attachments:

Attachment 1 – Letter of Interest Attachment 2 – Financial Proposal Worksheet

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1.0 INTRODUCTION

The New York State Office of Information Technology (ITS) is announcing this Discretionary Procurement to seek a responsive and responsible reseller of Figma software as described in this solicitation document.

The purpose of this solicitation is to invite any eligible and interested entities that believe they can meet the eligibility criteria to inform ITS by completing Attachment 1 - Letter of Interest (LOI).

To be considered responsive, your organization’s bid should be received no later than the Bid Due Date specified in the Events Table on the first page of this announcement. Section 6.0 - HOW TO RESPOND, outlines additional information and guidance for responding to this solicitation, including all required forms.

This procurement is authorized under Section 163 of State Finance Law as a Discretionary Purchase, allowing ITS to contract without a formal competitive process in certain circumstances. This opportunity is limited to purchases up to the Discretionary Buying Threshold from respondent organizations qualified as:

a. NYS certified Minority and/or Women-Owned Business Enterprises (MWBEs), or

b. NYS certified Service-Disabled Veteran-Owned Businesses (SDVOBs), or

NYS certified MWBE and SDVOB are qualified pursuant to Article 15-A of State Executive Law and Article 3 of Veterans’ Services Law, respectively.

2.0 PROCUREMENT BACKGROUND

Figma is a Software as a Service (SaaS) suite of premier design tools that serve NYS employees from the beginning of the design process with user modeling, flow mapping, and low-fidelity mockups, all the way to the end of the design process with high fidelity prototyping and special tools that support turning design into development. Figma is widely used throughout ITS and across other NYS agencies.

3.0 MINIMUM QUALIFICATIONS & ELIGIBILITY CRITERIA

Interested parties that meet the following criteria are eligible to respond:

1. Agree to provide the licenses outlined in Section 4.0 – Scope of Work.

2. Are either a NYS-certified Minority-Owned Business Enterprise (MBE), NYS-certified Woman-Owned Business Enterprise (WBE), or NYS-certified SDVOB as defined in Section 1.

3. Are properly licensed to conduct business in the State of New York or provide a commitment to become properly licensed to conduct business in the State of New York within 30 calendar days of the date of the award letter, if selected for the award.

4. Is an authorized reseller of Figma, Inc.’s products and services.

Bidders who do not meet the minimum qualifications will be disqualified.

https://www.nysenate.gov/legislation/laws/STF/163 https://www.nysenate.gov/legislation/laws/EXC/A15-A https://www.nysenate.gov/legislation/laws/EXC/A15-A https://www.nysenate.gov/legislation/laws/VET/A3

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4.0 SCOPE OF WORK

The Contractor must provide the following Figma Licenses to continue existing subscriptions:

Term License Quantity

12/12/26-12/12/27

Full-Enterprise 179

Dev- Enterprise 70

Collab-Enterprise 124

12/12/27-12/11/28

Full-Enterprise 223

Dev- Enterprise 84

Collab-Enterprise 149

ITS reserves the right to scale the quantity of licenses up or down during the course of the contract, at the same terms and conditions as the initial purchase.

ITS will purchase licenses annually on an as-needed basis subject to the per seat pricing established in the contract. License quantities are estimates only and do not represent a guarantee of purchase.

5.0 EQUAL EMPLOYMENT OPPORTUNITY AND SUPPLIER DIVERSITY

REQUIREMENTS

For the purposes of the contract resulting from this solicitation, ITS has established:

a. an overall goal of 0% participation for NYS-certified MWBEs, 0% for MBE participation, and 0% for WBE participation (based on the current availability of qualified MBEs and WBEs); and

b. an overall goal of 0% for NYS-certified SDVOBs.

6.0 HOW TO RESPOND

To be considered responsive, interested bidders should complete and submit all required documents by email in conformance with the format and content requirements as detailed in this Section. The subject line of the email submission of your response should include the following information: Discretionary Procurement # C000988 Figma (SaaS) Licenses 2026- 28 with your Vendor Name. Additionally, the vendor’s name should be in the email body and in the file names of the attached documents to ensure the submission is processed efficiently.

Early submissions are encouraged, and late responses may be subject to rejection.

No extraneous terms shall be incorporated into the ITS Agreement unless expressly accepted by ITS in writing. Acceptance and/or processing of a Bid shall not constitute acceptance of extraneous terms.

Proposals must be emailed to its.sm.MAT.Solicitations@its.ny.gov by the Bid Due Date specified in the Events Table on the first page of this announcement. All files submitted must

C000988 Figma (SaaS) Licenses 2026-28 5 | P a g e be able to be opened and reviewed without requiring additional credentials. Materials that are password-protected, encrypted, or otherwise restricted may be considered non-responsive and may result in the proposal being disqualified.

A response that does not provide all the information requested may be subject to rejection.

A complete response to this solicitation from the vendor includes the following required documents:

1. Attachment 1 - Letter of Interest (LOI): Must be completed in its entirety, signed by an authorized representative, and accompanied by a copy of the Bidder’s certification document from New York State that identifies the vendor as a SDVOB, or NYS certified MWBE. Missing information may be considered non-responsive and may result in the proposal being disqualified.

2. Attachment 2 - Financial Proposal Worksheet: Must be inclusive of all proposed labor, equipment, materials, supplies, travel, administration, delivery, profit, and other ancillary costs. Any deviations, alterations, qualifiers, ranges, etc., included in the financial proposal worksheet may result in the Bid being rejected.

7.0 ADDITIONAL DOCUMENTATION

Upon request by ITS, additional documents may be required to be completed as part of the contract development process. Information regarding these documents will be provided by ITS during the evaluation phase, and the documents include, but are not limited to the following:

a. New York State Required Certifications (nys-its-required-forms.pdf)

b. Confidentiality and Non-Disclosure Agreement

c. AC 3271-S Consultant Services Contractors Planned Employment Form

d. Vendor Responsibility Questionnaire (Proof of online VendRep certification)

e. Proof of Workers’ Compensation Insurance (if applicable)

f. Proof of Disability Benefits Coverage (if applicable)

g. ST-220-CA Contractor Certification to Covered Agency (if applicable)

h. Equal Employment Opportunity (EEO) Staffing Plan

i. MWBE Utilization Plan Form (if applicable)

j. Service-Disabled Veteran-Owned Business Utilization Plan (if applicable)

k. MWBE and/or SDVOB Quarterly Compliance Reports (Required during contract term)

l. EEO and MWBE Policy Statement

8.0 EVALUATION PROCESS

All Bid Responses received in a timely manner will be reviewed to determine if they meet the Bid Response submission requirements. After the Bid Response opening, each Bid will be screened for completeness and conformance with the Discretionary Procurement requirements.

Bids that do not meet the Discretionary Procurement requirements may be deemed non-responsive, removed from further consideration, and the Bidder notified accordingly.

https://its.ny.gov/system/files/documents/2025/11/nys-its-required-forms.pdf https://its.ny.gov/non-disclosure-agreement-forms https://www.osc.ny.gov/files/state-agencies/2017-11/agency-form-ac3271s.doc http://www.osc.state.ny.us/vendrep/index.htm http://www.wcb.ny.gov/content/main/forms/AllForms.jsp http://www.wcb.ny.gov/content/main/forms/AllForms.jsp https://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf https://its.ny.gov/eeo-staffing-plan-eeo-100 https://its.ny.gov/eeo-staffing-plan-eeo-100 https://its.ny.gov/mwbe-utilization-plan-mwbe-100 https://its.ny.gov/system/files/documents/2025/10/sdvob-utilization-plan_0.pdf https://its.ny.gov/system/files/documents/2022/09/mwbe_102_quarterly_compliance_report_1.pdf https://its.ny.gov/system/files/documents/2025/10/eeo-and-mwbe-policy-statement.pdf

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The Bid Response Completeness Review is evaluated on a pass/fail basis and will determine if Bidders have met all participation and submission requirements of this Discretionary Procurement, such as providing mandatory compliance-related documents.

ITS may require additional information from the Bidder before deciding whether the Bidder is eligible and can supply the requested goods or services. If ITS requests additional information, it must be provided within five (5) business days of the request or as otherwise directed. Failure to provide the requested information within five (5) business days may result in the Bidder being found non-responsive and no longer considered for an award.

An award will be made to the responsive and responsible Bidder that best meets the programmatic needs. Awards are contingent upon the vendor maintaining and certifying a Vendor Responsibility Questionnaire through the New York State VendRep System. Vendors must be found responsible and cannot be listed on the OGS prohibited vendors list. Vendors must provide their New York State vendor identification number when enrolling. To request a vendor identification number or for direct VendRep System user assistance, contact the OSC Help Desk by phone at 866-370-4672 or 518-408-4672 or by email at itservicedesk@osc.ny.gov.

9.0 METHOD OF PAYMENT

The vendor will be paid annually, upon ITS’ receipt and approval of invoices.

10.0 ITS RESERVED RIGHTS

Contractors are hereby notified that ITS reserves the right to:

1. ITS reserves the right to withdraw, amend, or postpone this solicitation, without notice, and without liability, to any applicant or other party, and may exercise these rights at any time.

2. ITS reserves the right to conduct contract negotiations with the next responsible Contractor should ITS be unsuccessful in negotiating with the first tentative awardee.

3. ITS reserves the right to establish evaluation criteria, evaluate bids, and award contracts on the basis of these criteria.

4. ITS reserves the right to modify the requirements of this procurement and Solicitation and to modify, correct, and clarify requirements at any time, provided that modifications would not materially benefit or disadvantage the Contractor.

5. ITS reserves the right to eliminate any requirement of this Solicitation in the event no Contractor can meet it.

6. ITS reserves the right to seek clarifications and revisions of proposals at any time during the procurement process and/or require correction of arithmetic or other apparent errors, assuring a full and complete understanding of a vendor’s proposal and/or to determine a vendor’s compliance with the requirements of the solicitation.

7. ITS reserves the right to make an award under this solicitation in whole or in part.

8. ITS reserves the right to reject any and all proposals received in response to this solicitation opportunity.

9. ITS reserves the right to request a Best and Final Offer from any or all Contractors.

https://www.osc.state.ny.us/state-vendors/vendrep/vendrep-system https://www.osc.state.ny.us/state-vendors/vendrep/vendrep-system mailto:itservicedesk@osc.ny.gov

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10. ITS reserves the right to employ other consultants and contractors in connection with its responsibilities and functions. In that event, the Contractor will, as directed by ITS, cooperate and work in harmony with such consultants and contractors.

Contractor/Subcontractor Requirements

11. The relationship of the Contractor to ITS shall be that of an independent contractor. In accordance with such status as an independent contractor, the Contractor covenants and agrees to act consistent with such status: to neither hold itself out as, nor claim to be, an officer or employee of ITS or the State by reason hereof; and not to, by reason hereof, make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of ITS or the State, including but not limited to workers’ compensation coverage, unemployment insurance benefits, social security coverage, or retirement membership credit.

12. The Contractor specifically represents, agrees, and warrants that its members, officers, employees, agents, servants, consultants, shareholders, and subcontractors have and shall possess the experience, knowledge, and character necessary to qualify them individually for the particular duties and services performed hereunder.

13. This Solicitation is intended to secure the professional services of the Contractor because of its ability and shall not be assigned, conveyed, transferred, or disposed of by the Contractor.

14. ITS has an absolute right and discretion to approve or disapprove any proposed staff and changes in staff. The Contractor shall notify ITS of any proposed changes in staff immediately. ITS, in each instance, will be provided with a summary of experience of the proposed substitute and an opportunity to interview that person, prior to giving its approval or disapproval. Any substitute staff provided by Contractor shall have equal or better qualifications than the staff being replaced. Approval of proposed staff or changes shall not be unreasonably withheld.

15. The Contractor shall be fully responsible for performance of work by its staff and by its subcontractor’s staff, and ITS reserves the right to request removal of any Contractor staff or subcontractor staff if, in ITS’s discretion, such staff is not performing in accordance with this Solicitation.

16. The Contractor agrees not to subcontract any of its services without the prior written approval of ITS. Approval shall not be unreasonably withheld upon receipt of written request to subcontract.

17. ITS considers the Contractor the sole contractor with regard to all provisions of the solicitation and the agreement resulting from the solicitation. When bidding, any known / planned use of subcontractors must be disclosed in detail with bid submission. If subcontractors are to be used, it shall be understood that the bid price includes the cost of the subcontractor, and no additional markups will be allowed. The total of all subcontractor work during the term of the Agreement, exclusive of M/WBE or SDVOB subcontracted work as established in the approved utilization plan, shall not exceed 15% of the total contract value.

18. No subcontract entered into by the Contractor shall relieve the Contractor of any liabilities or obligations in this Solicitation or the resultant agreement. The Contractor accepts full responsibility for the actions of any employee or subcontractor/subcontractor’s employee(s) who carry out any of the provisions of any contract resulting from this

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Solicitation.

19. The Contractor’s use of subcontractors shall not diminish the Contractor’s obligations to complete the work in accordance with the Agreement. The Contractor shall coordinate and control the work of the subcontractors.

20. The Contractor shall be responsible for informing the subcontractors of all terms, conditions, and requirements of the contract documents.

21. During the term of the Agreement, before any part of the Agreement shall be sublet, the Contractor shall submit to the NYS Chief Information Officer, or their designee, Empire State Plaza, PO Box 2062, Albany, NY 12220-0062 in writing, the name of each proposed subcontractor and obtain written consent to such subcontractor. The names shall be submitted in ample time to permit acceptance or rejection of each proposed subcontractor without causing delay in the work of the Agreement. The Contractor shall promptly furnish such information as the State may require concerning the proposed subcontractor's ability and qualifications.

22. ITS upon award shall designate program staff as its representatives, and/or designee(s).

Such representatives shall request, oversee, supervise, and accept performance of services provided by the Contractor and shall receive any required submissions.

Whenever an Agreement action is to be taken or approval for services given by ITS, such action or approval may be given only by the representatives designated pursuant to this Section. All Notices under this Solicitation shall be directed to the representatives identified, or their designees. ITS may on written notice designate other individuals as its representatives.

23. The Contractor hereby covenants and represents that there is and shall be no actual or potential conflict of interest that could prevent the Contractor’s satisfactory or ethical performance of duties required to be performed pursuant to the terms of this Agreement., the State’s Public Officers Law, and 45 CFR parts 75.112 and 75.327(b)&(c). The Contractor shall have a duty to notify ITS immediately of any such actual or potential conflicts of interest. ITS and the Contractor recognize that conflicts may occur in the future because the Contractor may have existing, or establish new, relationships. ITS will review the nature of any relationships and reserves the right to terminate this Agreement for any reason, or for cause, if, in the judgment of ITS, a real or potential conflict of interest cannot be cured.

24. Contractor and its employees must comply with the requirements of §73 and §74 of the Public Officers Law, other State codes, rules, regulations, and any executive orders establishing ethical standards for the conduct of business with New York State. In signing the Agreement, the Contractor certifies and warrants full compliance with those provisions for any present or future dealings, transactions, contracts, services, offers, relations, etc., involving New York State and/or its employees. Failure to comply may result in disqualification from bidding processes, termination of the Agreement, and/or other civil or criminal proceedings as required by law.

11.0 TERM OF CONTRACT

The Contract awarded in response to this solicitation will be for a two (2) year term of December 12, 2026 – December 11, 2028, subject to approval by the Office of the State Comptroller (OSC). The contract shall not be valid, effective, or binding upon the State until approved by the OSC. Purchase orders or other procurement transactions issued under the contract may

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12.0 CONTRACT DOCUMENTS

By submitting a response to this solicitation, the respondent acknowledges and agrees that it has reviewed and understands and will comply with the Terms and Conditions set forth in this Solicitation and resulting Contract which will consist of the documents listed below. Any inconsistency in the Solicitation or resulting Contract will be resolved by giving precedence to the documents in the following order:

I. Appendix A – Standard Clauses for New York State Contracts (June 2023);

II. The Contract setting forth the final agreement between the Parties;

III. Appendix C – Standard Clauses for New York State Office of Information

Technology Services Contracts (April 2025), including Appendix C-1 – Contractor’s Insurance Requirements for NYS Office of Information Technology Services (January 2024); Appendix C-2 – Equal Opportunity and Supplier Diversity Requirements for NYS Office of Information Technology Services (August 2025);

Appendix C-AI – Standard Terms for AI Purchases for NYS Office of Information Technology Services (April 2025);

IV. ITS Procurement Announcement C000988 Figma (SaaS) Licenses 2026-28 and all appendices and attachments; and

V. Contractor’s Proposal to C000988 Figma (SaaS) Licenses 2026-28.

13.0 CONTACT INFORMATION

Primary and Secondary Bid Submittal Contact:

Katherine Olsen / Laura Crammond its.sm.MAT.Solicitations@its.ny.gov NYS Office of Information Technology ITS Vendor Sourcing and Management

Procurement Reference # C000988