Request for Quote (RFQ) This is NOT an Order (Updated March, 2026)

Instructions to Vendors Complete all yellow-shaded areas and provide documentation if indicated as “Applicable” in the check box.

Responses must be submitted on this RFQ document, or the quote may be deemed non-responsive and disqualified from consideration.

If the quote exceeds $15,000, fill out and return the additional forms provided within this RFQ document to the Designated Contact by the due date and time indicated below.

Note: For the purposes of this RFQ, the terms “Vendor”, “Contractor” and “Bidder” are used interchangeably.

RFQ Timeline of Events

MWBE Goals |X| Applicable |_| Not Applicable

For this procurement, OPRHP requests that Good Faith Efforts are taken to include MWBE/SDVOB vendors where there is subcontracting availability. These efforts should be documented as, if asked, you must be able to produce a record of the actions taken to include MWBE/SDVOB vendors.

Detailed Scope of What is Needed: |_| Commodity |X| Services

Remediate and/or stabilize lead paint on the maintenance barn. The project entails the remediation/stabilization and encapsulation of the exterior walls so that it can be painted by OPRHP later. The project will need to follow all regulations following the safe handling of lead materials.

Estimated Dimensions:

Footprint: 90ftx30ft Height of tongue & groove sections:

Wood section, Front/back, sides 3,4 & 5 : 16ft Wood side section (1/2): 42’ Scope of Work Includes:

· 11 windows in the wooden barn section

· Soffits

· 5 wooden barn doors

· Brown trim pieces between first and second stories

· Disposal of removed paint

· Exposed purlins Scope of work Excludes:

· Roof

· Block & windows located in block,

· Metal garage doors

· Man doors on 1st story

· Gutters

· Wooden ramp

· Brown one story 50ftx30ft addition (side 5)

Side 3,4 Side 2 Side 1

Side 3,4

Side 5

SECTION 02 83 04 - HANDLING OF LEAD CONTAINING MATERIALS

PART 1 - GENERAL

0. SUMMARY

0. This section specifies handling and disposal of lead-containing materials and controls needed to limit occupational and environmental exposure to lead hazards.

0. INFORMATION AVAILABLE TO THE CONTRACTOR

1. A Limited Hazardous Materials Survey Report prepared by EMSL Analytical Inc is provided at the end of Specification Section.

1. Any existing paints at the building that have not been previously tested should be assumed to contain lead at concentrations above U.S. EPA standards for lead-based paints (greater than 0.5% lead by weight) based on the date of construction.

0. REFERENCES

2. New York State Department of Environmental Conservation (DEC) 6NYCRR:

0. Part 360 Solid Waste Management Facilities.

0. Part 364 Waste Transporter Permits.

0. Part 370 Hazardous Waste Management System-General.

0. Part 371 Identification and Listing of Hazardous Wastes.

0. Part 372 Hazardous Waste Manifest System and Related Standards for Generators, Transporters and Facilities.

0. Part 373 Hazardous Waste Management Facilities.

2. New York State Department of Transportation (DOT): Follow all regulations of 49 CFR Part 100 through 199.

2. Occupational Safety and Health Administration (OSHA):

2. 29 CFR 1910-General Industry Standards

2. 29 CFR 1910.1025-Lead Standard for General Industry

2. 29 CFR 1926-Construction Industry Standards

2. 29 CFR 1926.62-Construction Industry Lead Standard

2. U.S. Environmental Protection Agency (EPA):

3. Resource Conservation and Recovery Act (RCRA) Section 3004 Hazardous and Solid Waste Amendments.

3. Toxicity Characteristics Leaching Procedure EPA Method 1311.

3. 40 CFR Part 261-Identification and Listing of Hazardous Waste

0. DEFINITIONS

3. HEPA: High Efficiency Particulate Absolute filtration efficiency of 99.97 percent down to 0.3 microns. Filtration provided on specialized vacuums and air filtration devices to trap particles.

3. Lead Based Paint (LBP): Paints or other surface coatings that contain lead equal to or greater than 1.0 milligrams per square centimeter or 0.5 percent of lead by weight.

3. Lead Containing Material: LBP or materials coated with lead-containing paint.

3. Lead Dust Control Work Area: A cordoned off area to prevent exposure from lead dust, paint chips, or debris from lead-containing paint disturbance operations.

3. PPE: Personal Protective Equipment.

0. SUBMITTALS

4. Quality Control Submittals:

0. Workers removing lead-containing paints and their supervisors shall be experienced in this type of work. Submit a copy of documentation of completion of current valid lead awareness certification.

0. Submit a copy of documentation for each worker of respirator fit testing results.

0. Submit one copy of the site-specific work plan required under Quality Assurance Article.

4. Contract Closeout Submittals:

1. Assessment Report compiled by the Contractor certifying that the work area has lead concentrations below the levels specified under the clearance criteria.

1. Copies of waste shipment records and disposal site receipt showing that the lead- containing materials have been properly disposed.

0. QUALITY ASSURANCE

5. Comply with applicable codes and standards including those referenced in Section 1.3. Where multiple requirements are specified, adhere to the more stringent requirements.

5. Before the Work of this Section is scheduled to commence, a conference will be held by the Director’s Representative at the Site with the contractor for the purpose of reviewing the Contract Documents, discussing requirements for the Work, and reviewing the Work procedures.

5. Before the physical Work begins, prepare a detailed project specific lead-containing material handling and removal work plan.

2. The work plan shall include, but not be limited to, the location, size, and details of lead dust control work areas, containment, sequencing of lead containing material handling, work procedures, types of equipment, crew size, and emergency procedures for fire and medical emergencies.

0. PROJECT CONDITIONS

6. Complete the Work of this Section within the time limitation allowed for shutdown of the air handling system serving the work area.

6. Cover and seal all fin-tube radiator covers, diffusers, duplex outlets, speakers, etc. Use temporary plasticized partitions as required.

1. Prevent lead containing dust from entering hard to clean areas within the dust containment area.

1. Items judged to be too difficult to protect may be disconnected, removed and replaced at Contractor’s option.

6. Remove or encase all movable equipment in the work area with two layers of six mil fire retardant polyethylene sheeting.

0. HEALTH AND SAFETY

7. Where in the performance of the work, workers, supervisory personnel or sub-contractors may encounter, disturb, or otherwise function in the immediate vicinity of contaminated items and materials, all personnel shall take appropriate continuous measures as necessary to protect all adjacent building occupants/workers from the potential lead exposure.

0. Such measures shall include the procedures and methods described herein and shall be in compliance with all applicable regulations of Federal, State and Local agencies.

0. Workers not directly involved with the handling of lead-containing paints shall not be permitted within the work area.

0. PERSONAL PROTECTIVE CLOTHING AND EQUIPMENT

8. Workers must wear protective suits, protective gloves, eye protection and a minimum of half- face respirator with new HEPA filter cartridge for all projects. Respiratory protection shall be in accordance with OSHA regulation 1910.134 and ANSI Z88.2.

8. Workers must be trained per OSHA, have medical clearance, and must have recently received respirator clearance and respirator fit tested by a trained professional.

1. A personal air sampling program shall be in place as required by OSHA.

1. The use of respirators must also follow a complete respiratory protection program as specified by OSHA.

PART 2 - PRODUCTS

1. RESPIRATORS

0. Type: Approved by the Mine Safety and Health Administration (MSHA), Department of Labor, or the National Institute for Occupational Safety and Health (NIOSH), Department of Health and Human Services.

1. VACUUM CLEANERS

1. Type: HEPA Vacuums designed for use on abatement projects and equipped with new HEPA filters.

1. PLASTIC SHEETS

2. Type: Minimum 6 mil., clear, fire retardant polyethylene sheets.

1. DISPOSAL BAGS

3. Type: Minimum 6 mil thick, clear polyethylene bags with preprinted Caution Label. Properly containerize/drum prior to disposal.

1. EQUIPMENT

4. Temporary lighting, heating, hot water heating units, ground fault interrupters, and all other equipment on site shall be UL listed and shall be safe, proper, and sufficient for the purpose intended.

4. All electrical equipment shall be in compliance with the National Electric Code, Article 305 - Temporary Wiring.

PART 3 - EXECUTION

0. EMPLOYEE PROTECTION

0. Comply with all applicable Occupational Safety and Health Administration (OSHA) Requirements.

0. LEAD-CONTROL AREAS

1. Perform removal and lead-handling work without contamination of adjacent areas. Where existing work is damaged or contaminated, restore work to its original condition or better.

1. Provide physical boundaries around the lead control area by roping off the area designated in the work plan or providing curtains, portable partitions or other enclosures to ensure that airborne concentrations of lead will not reach 30 micrograms per cubic meter of air outside of the lead control area.

1. Provide warning signs at approaches to lead control areas. Locate signs at such a distance that personnel may read the sign and take the necessary precautions before entering the area. Signs shall comply with the requirements of 29 CFR 1926.62.

0. LEAD-CONTAINING/COATED MATERIAL HANDLING, REMOVAL, AND DISPOSAL

2. Handle and dispose of lead-containing materials in accordance with OSHA 1926.62 and the approved lead-containing material work plan. Use procedures and equipment required to limit occupational and environmental exposure to lead when material containing or coated with lead containing paint is handled and disposed of in accordance with referenced standards.

2. Provide all necessary dust barriers to prevent the spread of dust from the work area and prevent lead exposure to the public and environment.

2. The following work methods are prohibited on painted surfaces:

2. Dry hand tool cleaning

2. Power tools not equipped with shrouds and HEPA exhaust

2. Blast cleaning

2. High speed grinding

2. Heat guns operating above 1,100˚F

0. CLEARANCE CRITERIA

3. Maintain surfaces of the lead control area free of accumulations of paint chips and dust. Keep waste from being distributed over the work area. Do not dry sweep or use compressed air to clean up the area. At the end of each shift and when the lead material handling operations have been completed, clean the area of visible lead paint debris by vacuuming with a HEPA filtered vacuum cleaner. Re-clean areas showing dust or residual paint chips or debris. After visible dust, chips and debris are removed, wet wipe and HEPA vacuum all surfaces in the work area.

3. If adjacent areas become contaminated at any time during the work, clean, visually inspect, and then wipe sample all contaminated areas. The project supervisor shall then certify in writing that the area has been cleaned of lead contamination before restarting work.

0. CERTIFICATION OF CLEANING

4. The Contractor shall document in writing that the work procedures performed conform to all standards set forth by all authorities having jurisdiction, mentioned in the references, and that there are no visible accumulations of material and dust containing lead left at the work site. Do not remove the lead control area or roped off boundary and warning signs prior to the Director’s Representative acknowledgement upon receipt of the Contractor certification.

4. Director’s Representative shall have final determination of an acceptable clearance level.

0. PRE-DISPOSAL TESTING

5. Prior to disposal, test the removed materials for toxicity in accordance with EPA Method 1311, Toxicity Characteristic Leaching Procedure (TCLP).

0. Test results indicating a value greater than 5 ppm lead or 5 mg/L classifies the removed material as Hazardous Waste.

0. DISPOSAL OF LEAD-CONTAINING/COATED MATERIAL AND RELATED DEBRIS

6. Transport and dispose of lead-containing material classified as Hazardous Waste in accordance with the standards referenced in Part 1 of this Section.

6. Transport and dispose of lead-containing material classified as Non- Hazardous Waste in accordance with the standards referenced in Part 1 of this Section.

6. Payment for disposal of hazardous waste will not be made until a signed copy of the waste manifest from the treatment or disposal facility certifying the amount of lead-containing materials delivered is returned and a copy is furnished to the Director’s Representative.

0. RESTORATION

7. Remove temporary decontamination facilities and restore area designated for these facilities to its original condition or better.

7. Where existing construction is damaged or contaminated during the course of performing this project, restore area to its original condition or better, except for finishes that are scheduled for demolition.

END OF SECTION

SEE ATTACHED 2014 Keuka SP – ABT LBP Report.pdf

Service Term: |X| Applicable |_| Not Applicable

documentation for each worker of respirator fit testing results

|X| Agency |_| Law

Minimum qualifications will be evaluated on a pass/fail basis. If the bidder fails to meet a minimum qualification, they will be deemed non-responsive and will not be considered for award.

*If required by law, please include supporting documentation citing the law/legislation.

Method of Award

In the sole discretion of OPRHP, award of this RFQ will be made to a responsive, responsible and qualified bidder who offers the lowest quote meeting all specifications as outlined in this RFQ. A bidder will be found non-responsive if OPRHP finds that they do not have sufficient resources to provide the commodity and/or service as outlined in this RFQ.

NYS Office of Parks, Recreation and Historic Preservation’s Terms and Conditions

All RFQ responses must be valid for at least 90 days.

OPRHP reserves the right to purchase some, all, more or none of the items requested in this RFQ.

Quotes containing extraneous terms and conditions may be deemed non-responsive.

By submitting a quote, the Bidder agrees not to make any claim for, or have any right to, damages because of any misinterpretation or misunderstanding of the specifications, or because of any misinformation or lack of information.

OPRHP reserve the right to exercise the following:

· Change any of the scheduled dates herein;

· Amend RFQ Requirement(s) and so notify all potential Bidders;

· Withdraw the RFQ, at its sole discretion without any obligation or liability to any vendor;

· Eliminate any mandatory, non-material requirement that cannot be complied with by all of the prospective Bidders;

· Accept and/or reject any and all bids, in whole or in part, and to waive technicalities, irregularities, and omissions if, in OPRHP’s judgement, the best interests of OPRHP will be served.

· In the event compliant bids are not received, OPRHP reserves the right to consider late or non-conforming bids as offers;

· Require the Bidder to demonstrate, to the satisfaction of OPRHP, any information presented as part of their proposal;

· Require clarification at any time during the procurement process and/or require correction of arithmetic errors;

· Disqualify any Bidder whose conduct and/or bid fails to conform to the requirements of the solicitation;

· Prior to the bid opening, determine a tie breaking mechanism for award of the Contract to serve the best interests of OPRHP and the State of New York;

· Negotiate with the successful Bidder within the scope of the RFQ to serve the best interests of OPRHP and the State of New York;

· Make an award under the RFQ in whole or in part; and

· Seek revisions of bids.

By responding to this RFQ, Vendor certifies its acceptance of the terms and conditions of Appendix A. In the event of a conflict between the purchase order document and any referenced documents contained within the purchase order, the order of precedence shall be as follows:

1) Appendix A Standard Clauses for New York State Contracts,

2) Purchase Order / Contract,

3) Any agency specific terms and conditions,

4) This RFQ,

5) Vendor’s offer / Proposal.

The work under this RFQ has been determined to be a public work pursuant to Article 8 (Construction) / 9 (Building Services in excess of $1,500) of the New York Labor Law which requires prevailing wages to be paid. A willful violation of such may result in civil penalties and debarment from public contracting in the State of New York.

https://dol.ny.gov/public-work-and-prevailing-wage 2026021624

Contractor Registry Requirement |X| Applicable |_| Not Applicable

Labor Law Article 8 subsection 220-I requires contractors and subcontractors to register with the Bureau of Public Work and Prevailing Wage Enforcement. This registration must be completed prior to bidding on public work projects or commencing work on public work projects or covered private projects that are subject to the prevailing wage pursuant to Sections 224-a, 224-d, & 224-e. The effective date of the registration requirement is December 30, 2024.

If Applicable, a Certificate of Registration must be submitted at the time of bid.

For additional information, please refer to this website: https://dol.ny.gov/public-work-contractor-and-subcontractor-registry-landing The registration page can be found here: https://mpwr-public.labor.ny.gov/en/login

Public Building Law § 8(6): |X| Applicable |_| Not Applicable

Pursuant to Public Building Law § 8(6), any contracts over $5,000 for the work of construction, reconstruction, alteration, repair, or improvement of any State building, a responsible and reliable NYS-certified Minority or Women-Owned Business Enterprise that submits a bid within ten percent of the lowest bid will be deemed the apparent low bidder provided that the bid is $1,737,918 or less (maximum amount has been adjusted for inflation effective January 1, 2026). If more than one responsible and reliable MWBE firm meets the requirements, the MWBE firm with lowest bid will be deemed the apparent low bidder.

Insurance: |X| Applicable |_| Not Applicable

Commercial General Liability - Insurance shall be endorsed to name the “State of New York, Office of Parks, Recreation, and Historic Preservation, and their officers, employees, and agents” as an additional insured. Said policy shall cover the liability of the Contractor for bodily injury, property damage, premises liability and personal/advertising injury from all work and operations under any contract resulting from this solicitation. The limits under such policy shall not be less than the following:

The following ISO forms must be endorsed to the policy:

a. CG 20 10 12 19 or an equivalent – Commercial General Liability Coverage Form

b. CG 20 37 12 19 or an equivalent – Additional Insured – Owner, Lessees or Contractors (Form B)

c. Waiver of Subrogation

Comprehensive Business Automobile Liability Insurance. Such policy shall have a combined single limit for Bodily Injury and Property Damage of at least $1,000,000 each accident. Said policy shall cover liability arising out of any automobile used in connection with performance under this Agreement including owned, leased, hired, and non-owned automobiles bearing or, under the circumstances under which they are being used, required by the Motor Vehicles Law of the State of New York to bear license plates.

If the Contractor does not own, lease, or hire any automobiles used in connection with performance under this Agreement, the Contractor is not required to obtain Comprehensive Business Automobile Liability Insurance.

Workers’ Compensation and Disability Benefits Insurance - Provide OPRHP with proof of Workers’ Compensation Insurance and Disability Benefits Insurance. The following are the only acceptable means of proof; ACORD forms are NOT acceptable proof of coverage. For more information about Workers’ Compensation and Disability insurance, log onto the Workers Compensation Board website at or call them toll-free at 1-877-632-4996.

Acceptable Proof of Workers’ Compensation

Acceptable Proof of Disability Benefits

Bid Form Method of Award is based on the lowest Grand Total Cost to OPRHP from a responsive and responsible vendor. The figures shown below represent OPRHP’s best estimate, included for bidding purposes. OPRHP guarantees no minimum or maximum amount of product and/or work. Payment to awarded contractor will reflect only product received and/or work completed.

All ancillary costs must be included in rates bid.

To submit a bid, please enter your price(s) below, being mindful of any required mathematical extensions (e.g. multiplied by quantities/frequency, etc.). All figures must be rounded to two decimal places.

Provide Pricing for Each Item Listed Below Lump sum pricing is not acceptable

(if applicable)

Guaranteed Delivery Days After Receipt of Order à

RFQ Total à

Vendor Certification

The RFQ Response must be fully and properly executed by an authorized representative. By signing you certify your express authority to sign on behalf of yourself, your company, or other entity and full knowledge and acceptance of this RFQ, OPRHP’s requirements, including NYS Appendix A (https://ogs.ny.gov/procurement/appendix) and if awarded a Purchase order, agrees to provide the requested items or services at the bid price offered.

Company Name:

SFS ID No.:

NYS Contract No.:

|_| NYS Small Business*[footnoteRef:2] [2: A “New York State Small Business” is defined as a company that is a resident to New York State, independently owned and operated, with 100 or fewer employees, and not dominant in its field. There is no certification process to be considered a New York State Small Business.

Signature

Date

No Bid Form If your firm has chosen not to bid on this procurement opportunity, please use the space below to briefly explain why and return this form to the designated contact listed on page 1.

Reason(s) for Not Bidding

Certification

Company Name:

Doing Business As:

Address:

City

State

Zip Code

Name of Official:

Title

E-Mail

Telephone:

Appendix B1 Specifications for Negotiated Terms and Conditions The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract" or “Purchase Order”) agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party):

1. 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. Purchase Order / Contract,

3. Any agency specific terms and conditions,

4. This RFQ,

5. Vendor’s offer / Proposal

2. Applicability

The terms and conditions set forth in this Appendix B1 are expressly incorporated in and applicable to all procurements and resulting procurement contracts let by the New York State Office of Parks, Recreation and Historic Preservation (“OPRHP” or the “Agency”). Appendix B1 shall govern such procurements or contracts unless expressly modified or amended by the terms of a Bid Specification, Solicitation, or a negotiated Contract/Clarification document, if any. Captions are intended as descriptive and are not intended to limit or otherwise restrict the terms and conditions set forth herein.

3. Governing Law

This procurement, the resulting Contract and/or any Purchase Orders (herein known as “Contract”) issued hereunder shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise, and actions or proceedings arising from the Contract shall be heard in a court of competent jurisdiction in the State of New York.

4. Sales Tax Exemption

Purchases made by the State of New York and the Agency are exempt from New York State and local sales taxes and, with certain exceptions, federal excise taxes. to satisfy the requirements of the New York State Sales tax exemption, either the Purchase Order issued by a State Agency or the invoice forwarded to authorize payment for such purchases will be sufficient evidence that the sale by the Contractor was made to the State, an exempt organization under Section 1116(a)(1) of the Tax Law. No person, firm or corporation is, however, exempt from paying the State Truck Mileage and Unemployment Insurance or Federal Social Security taxes, which remain the sole responsibility of the Bidder/Contractor.

5. Litigation Support

In the event that the Agency becomes involved in litigation related to the subject matter of the resulting contract, the Contractor agrees to provide background support and other litigation support, including but not limited to depositions, appearances, and testimony.

6. Purchase Orders

No items or deliverables, including commodities, services, and/or technology (Product), is to be delivered or furnished by Contractor until transmittal of an official Contract or Purchase Order. Unless terminated or cancelled pursuant to the authority vested in the Agency, Purchase Orders shall be effective and binding upon the Contractor (i) in the case of formal written Purchase Orders, when placed in the mail prior to the termination of the Contract and addressed to the Contractor at the address for receipt of orders set forth in the Contract or in the Contract Award Notification or (ii) in the case of electronic Purchase Orders or Purchasing Card purchases, when electronically transmitted to the Contractor prior to the termination of the Contract.

7. Savings/Force Majeure

A force majeure occurrence is an event or effect that cannot be reasonably anticipated or controlled and is not due to the negligence or willful misconduct of the affected party. Force majeure includes, but is not limited to, acts of God, acts of war, acts of public enemies, terrorism, embargoes, strikes, fires, explosions, actions of the elements, floods, epidemics or pandemics, quarantines, or other similar causes beyond the control of the Contractor or the Agency in the performance of the Contract where non-performance, by exercise of reasonable diligence, cannot be prevented.

The affected party shall provide the other party with written notice of any force majeure occurrence as soon as the delay is known and provide the other party with a written contingency plan to address the force majeure occurrence, including, but not limited to, specificity on quantities of materials, tooling, people, and other resources that will need to be redirected to another facility and the process of redirecting them. Furthermore, the affected party shall use its commercially reasonable efforts to resume proper performance within an appropriate period of time. Notwithstanding the foregoing, if the force majeure condition continues beyond 30 days, the parties to the Contract shall jointly decide on an appropriate course of action that will permit fulfillment of the parties’ objectives under the Contract.

The Contractor agrees that in the event of a delay or failure of performance by the Contractor under the Contract due to a force majeure occurrence:

· The Agency may purchase from other sources (without recourse to and by the Contractor for the costs and expenses thereof) to replace all or part of the Products which are the subject of the delay, which purchases may be deducted from the Contract quantities without penalty or liability to the State, or

· The Contractor will provide the Agency with access to Products first in order to fulfill orders placed before the force majeure event occurred. The Agency may accept allocated performance or deliveries during the occurrence of the force majeure event.

Neither the Contractor nor the Agency shall be liable to the other for any delay in or failure of performance under the Contract due to a force majeure occurrence. Any such delay in or failure of performance shall not constitute default or give rise to any liability for damages. The existence of such causes of such delay or failure shall extend the period for performance to such extent as determined by the Contractor and the Agency to be necessary to enable complete performance by the Contractor if reasonable diligence is exercised after the cause of delay or failure has been removed.

Notwithstanding the above, at the discretion of the Agency where the delay or failure will significantly impair the value of the Contract to the State or to the Agency, the Agency may terminate the Contract or the portion thereof which is subject to delays, and thereby discharge any unexecuted portion of the Contract or the relative part thereof.

In addition, the Agency reserves the right, in his or her sole discretion, to make an equitable adjustment in the Contract terms and/or pricing should extreme and unforeseen volatility in the marketplace affect pricing or the availability of supply. “Extreme and unforeseen volatility in the marketplace” is defined as market circumstances which meet the following criteria: (i) the volatility is due to causes outside the control of Contractor; (ii) the volatility affects the marketplace or industry, not just the particular Contract source of supply; (iii) the effect on pricing or availability of supply is substantial; and (iv) the volatility so affects Contractor’s performance that continued performance of the Contract would result in a substantial loss to the Contractor.

8. Indemnification

Contractor shall be fully liable for the actions of its agents, employees, partners or Subcontractors and shall fully defend, indemnify and hold harmless the Agency from suits, actions, proceedings, claims, losses, damages, and costs (including reasonable attorney fees) of every name and description relating to personal injury and damage to real or personal tangible property caused by any intentional act or negligence of Contractor, its agents, employees, partners or Subcontractors, which shall arise from or result directly or indirectly from this Contract, without limitation; provided, however, that the Contractor shall not be obligated to indemnify an Authorized User for any claim, loss or damage arising hereunder to the extent caused by the negligent act, failure to act, gross negligence or willful misconduct of the Agency.

The Agency shall give Contractor: (i) prompt written notice of any action, claim or threat of suit, or other suit for which Contractor is required to fully indemnify the Agency, (ii) the opportunity to take over, settle or defend such action, claim or suit at Contractor’s sole expense, and (iii) assistance in the defense of any such action, claim or suit at the expense of Contractor. Notwithstanding the foregoing, the State reserves the right to join such action, at its sole expense, if it determines there is an issue involving a significant public interest.

In the event that an action or proceeding at law or in equity is commenced against the Agency arising out of a claim for death, personal injury or damage to real or personal tangible property caused by any intentional or willful act, gross negligence, or negligence of Contractor, its agents, employees, partners or Subcontractors, which shall arise from or result directly or indirectly from the Products supplied under this Contract, and Contractor is of the opinion that the allegations in such action or proceeding in whole or in part are not covered by the indemnification and defense provisions set forth in the Contract, Contractor shall immediately notify the Agency and the New York State Office of the Attorney General in writing and shall specify to what extent Contractor believes it is obligated to defend and indemnify under the terms and conditions of the Contract and to what extent it is not so obligated to defend and indemnify. Contractor shall in such event protect the interests of the Authorized User and attempt to secure a continuance to permit the State and the Agency to appear and defend their interests in cooperation with Contractor, as is appropriate, including any jurisdictional defenses the State and the Agency may have. In the event of a dispute regarding the defense, the Contractor and the Attorney General shall try to reach an amicable resolution, but the Attorney General shall have the final determination on such matters.

9. Limitation of Liability

Except as otherwise set forth in the Indemnification clause and the Indemnification Relating to Infringement clause, the limit of liability shall be as follows:

1. Contractor’s liability for any claim, loss or liability arising out of, or connected with the Products provided, and whether based upon default, or other liability such as breach of contract, warranty, negligence, misrepresentation or otherwise, shall in no case exceed direct damages in: (i) an amount equal to two (2) times the charges specified in the Purchase Order for the Products forming the basis of the Agency’s claim or (ii) five hundred thousand dollars ($500,000), whichever is greater.

2. The Agency may retain such monies from any amount due Contractor as may be necessary to satisfy any claim for damages, costs and the like asserted against the Agency unless Contractor at the time of the presentation of claim shall demonstrate to the Agency’s satisfaction that sufficient monies are set aside by the Contractor in the form of a bond or through insurance coverage to cover associated damages and other costs.

Notwithstanding the above, neither the Contractor nor the Agency shall be liable for any consequential, indirect or special damages of any kind which may result directly or indirectly from such performance, including, without limitation, damages resulting from loss of use or loss of profit by the Agency, the Contractor, or by others.

10. Termination

For Cause

For a material breach that remains uncured for more than seven (7) calendar days or other longer period as specified by written notice to the Contractor, the Contract or Purchase Order may be terminated by the Agency. Neither the State nor an Authorized User shall be liable for any of Contractor’s costs arising from the failure to perform or the termination, including without limitation costs incurred after the date of termination. Such termination shall be upon written notice to the Contractor. In such event, the Agency may complete the contractual requirements in any manner it may deem advisable and pursue available legal or equitable remedies for breach.

For Convenience

This Contract may be terminated at any time by Agency for convenience as specified by written notice, without penalty or other early termination charges due. Such termination of the Contract shall not affect any project or Purchase Order that has been issued under the Contract prior to the date of such termination. If the Contract is terminated pursuant to this subdivision, the Agency shall remain liable for all accrued but unpaid charges incurred through the date of the termination. Contractor shall use due diligence and fulfill any outstanding Purchase Orders.

Additional Forms The following Forms are only required if the response to this RFQ is $15,000 or more.

1. Lobbying Law Certification

2. Non-Collusive Bidding Certification

3. Public Officer’s Law

4. Certification Under Executive Order No. 16. Certification Under Executive Order No. 16 Prohibiting State Agencies and Authorities from Contracting with Businesses Conducting Business in Russia

5. NYS Finance Law §139-L and Executive Order No. 177 Certification 1.

Lobbying Law Certification Pursuant to State Finance Law §§139-j and 139-k, this solicitation includes and imposes certain restrictions on communications between a Governmental Entity and an Offerer/bidder during the procurement process. An Offerer/bidder is restricted from making contacts from the earliest posting, on a Governmental Entity’s website, in a newspaper of general circulation, or in the procurement opportunities newsletter in accordance with article four-C of the economic development law of written notice, advertisement or solicitation of a request for proposal, invitation for bids, or solicitation of proposals, or any other method provided for by law or regulation for soliciting a response from Offerers intending to result in a Procurement Contract with a Governmental Entity through final award and approval of the Procurement Contract by the Governmental Entity and, if applicable, the Office of the State Comptroller (“Restricted Period”) to other than the Designated Contacts for the Governmental Procurement unless it is a Contact that is included among certain statutory exceptions set forth in State Finance Law §139-j(3)(a). The Designated Contact(s) for this Governmental Procurement, as of the date hereof, are identified on the first page of this solicitation. Governmental Entity employees are also required to obtain certain information when Contacted during the Restricted Period and make a determination of the responsibility of the Offerer/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 4-year period, the Offerer/bidder is debarred from obtaining governmental Procurement Contracts. Further information about these requirements can be found at https://ogs.ny.gov/acpl.

Offerer Disclosure of Prior Non-Responsibility Determinations

New York State Finance Law §139-k(2) obligates a Governmental Entity to obtain specific information regarding prior non-responsibility determinations with respect to State Finance Law §139-j. This information must be collected in addition to the information that is separately obtained pursuant to State Finance Law §163(9). In accordance with State Finance Law §139-k, an Offerer must be asked to disclose whether there has been a finding of non-responsibility made within the previous four (4) years by any Governmental Entity due to: (a) a violation of State Finance Law §139-j or (b) the intentional provision of false or incomplete information to a Governmental Entity. The terms “Offerer” and “Governmental Entity” are defined in State Finance Law § 139-k(1). State Finance Law §139-j sets forth detailed requirements about the restrictions on Contacts during the procurement process. A violation of State Finance Law §139-j includes, but is not limited to, an impermissible Contact during the restricted period (for example, contacting a person or entity other than the designated contact person, when such Contact does not fall within one of the exemptions).

As part of its responsibility determination, State Finance Law §139-k(3) mandates consideration of whether an Offerer fails to timely disclose accurate or complete information regarding the above non-responsibility determination. In accordance with law, no Procurement Contract shall be awarded to any Offerer that fails to timely disclose accurate or complete information under this section, unless a finding is made that the award of the Procurement Contract to the Offerer is necessary to protect public property or public health safety, and that the Offerer is the only source capable of supplying the required Article of Procurement within the necessary timeframe. See State Finance Law §§139-j (10)(b) and 139-k(3).

Instructions

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

The Office of State Parks, Recreation and Historic Preservation (OPRHP) includes this disclosure request regarding prior non-responsibility determinations in accordance with State Finance Law §139-k in its solicitation of proposals or bid documents or specifications or contract documents, as applicable, for procurement contracts. The attached form is to be completed and submitted by the individual or entity seeking to enter into a Procurement Contract. It shall be submitted to OPRHP unit conducting the Governmental Procurement.

1. Has any Governmental Entity made a finding of non-responsibility regarding the individual or entity seeking to enter into the Procurement Contract in the previous four years? (Please mark):

|_| No |_| Yes - If yes, please answer the next questions:

2. Was the basis for the finding of non-responsibility due to a violation of State Finance Law §139-j (Please mark):

|_| No |_| Yes

3. Was the basis for the finding of non-responsibility due to the intentional provision of false or incomplete information to a Governmental Entity? (Please mark):

|_| No |_| Yes

4. If you answered yes to any of the above questions, please provide details regarding the finding of non-responsibility below.

Basis of Finding of Non-Responsibility

(attach additional pages as necessary)

5. Has any Governmental Entity or other governmental agency terminated or withheld a Procurement Contract with the above-named individual or entity due to the intentional provision of false or incomplete information? (Please mark):

|_| No |_| Yes - If yes, please provide details below.

Basis of Finding of Non-Responsibility

(attach additional pages as necessary)

Lobbying Affirmation and Vendor Certification

Offerer affirms that it understands and agrees to comply with the procedures of the OPRHP relative to permissible Contacts as required by State Finance Law §139-j(3) and §139-j(6)(b). Offerer certifies that all information provided to the Governmental Entity with respect to State Finance Law §139-k, §139-j(3) and §139-j(6)(b), §139-k(5) is complete, true and accurate.

Company Name:

Doing Business As:

Address:

City

State

Zip Code

Name of Official:

Title

E-Mail

Telephone:

Signature

Date

Non-Collusive Bidding Certification By submission of this bid, each bidder and each person signing on behalf of any other bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his or her knowledge and belief:

1. The prices of this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor;

2. Unless otherwise required by law, the prices which have been quoted in this bid have not have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and

3. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.

Vendor Certification

Company Name:

Doing Business As:

Address:

City

State

Zip Code

Name of Official:

Title

E-Mail

Telephone:

Signature

Date

May 2025

Public Officers Law The following prohibitions pertain to the sale of goods and services by State employees to New York State Agencies pursuant to the NYS Public Officer’s Law § 73(4).

Current State Employees - Current employees of New York State cannot sell goods or services valued at $25 or more to any state agency, either as a private contractor or through a company in which that employee holds ownership of at least 10%, unless the procurement opportunity is first advertised in the NYS Contract Reporter and competitively bid.

Former OPRHP State Employees - Former employees of the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) cannot sell goods or services to OPRHP under any circumstance for two (2) years following the date they leave OPRHP’s employ. This applies only to OPRHP and OPRHP’s employees, and does not preclude a former employee of another state agency from selling goods or services to OPRHP within two years following the last date of that person's state employment.

Please check (X) as appropriate, sign and date.

|_| I am currently a state employee, and:

|_| am a private contractor

|_| own at least 10% of the company that is being asked to provide goods or services to OPRHP.

|_| I am a former OPRHP employee, and my service with OPRHP ended less than two (2) years prior to the date of my signature below.

|_| None of the above apply.

Vendor Certification

Company Name:

Doing Business As:

Name of Official:

Title

E-Mail

Telephone:

Signature

Date

July 2021

Certification Under Executive Order No. 16 Prohibiting State Agencies and Authorities from Contracting with Businesses Conducting Business in Russia https://ogs.ny.gov/EO-16 Executive Order No. 16 provides that “all Affected State Entities are directed to refrain from entering into any new contract or renewing any existing contract with an entity conducting business operations in Russia.” The complete text of Executive Order No. 16 can be found here.

The Executive Order remains in effect while sanctions imposed by the federal government are in effect. Accordingly, vendors who may be excluded from award because of current business operations in Russia are nevertheless encouraged to respond to solicitations to preserve their contracting opportunities in case the sanctions are lifted during a solicitation or even after award in the case of some solicitations.

As defined in Executive Order No. 16, an “entity conducting business operations in Russia” means an institution or company, wherever located, conducting any commercial activity in Russia or transacting business with the Russian Government or with commercial entities headquartered in Russia or with their principal place of business in Russia in the form of contracting, sales, purchasing, investment, or any business partnership.

Is Vendor an entity conducting business operations in Russia, as defined above? Please answer by checking one of the following boxes:

|_| 1. No, Vendor does not conduct business operations in Russia within the meaning of Executive Order No. 16.

|_| 2.a. Yes, Vendor conducts business operations in Russia within the meaning of Executive Order No. 16 but has taken steps to wind down business operations in Russia or is in the process of winding down business operations in Russia. (Please provide a detailed description of the wind down process and a schedule for completion.)

|_| 2.b. Yes, Vendor conducts business operations in Russia within the meaning of Executive Order No. 16 but only to the extent necessary to provide vital health and safety services within Russia or to comply with federal law, regulations, executive orders, or directives. (Please provide a detailed description of the services being provided or the relevant laws, regulations, etc.)

|_| 3. Yes, Vendor conducts business operations in Russia within the meaning of Executive Order No. 16.

The undersigned certifies under penalties of perjury that they are knowledgeable about the Vendor’s business and operations and that the answer provided herein is true to the best of their knowledge and belief.

Vendor Certification

Company Name:

Doing Business As:

Name of Official:

Title

E-Mail

Telephone:

Signature

Date

June 2022

NYS Finance Law §139-L and Executive Order No. 177 Certification State Finance Law § 139-L Certification By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that the bidder has and has implemented a…