Notice to Bidders 02-2024.pdf

Notice to Bidders / February 2024 1

NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION

NOTICE TO BIDDERS

Sealed bids for the Kiddie Pool Rehabilitation Project at Mine Kill State Park at 161 Mine Kill, North Blenheim, NY 12131, Schoharie County, New York will be received by the New York State Office of Parks, Recreation and Historic Preservation (OPRHP), via email at Hudson.CapitalProcurement@parks.ny.gov Electronically submitted bids must only be attached in PDF format– hyperlinks will not be accepted. Note: There is a 20MB limit when submitting attachments via email. If email is not an option for the bidder an alternate address will be provided upon written request to a designated contact. Deadline for bid submission is 12:30 PM local time, June 11, 2024. Sealed bids will be publicly opened and read via WebEx only at 1:00 PM local time, June 11, 2024. The Contract D number should be clearly marked in the subject line of your email, along with the words “BID SUBMISSION”. Each bid must be prepared and submitted in accordance with the Instructions to Bidders and must be accompanied by a scanned Bid Security in the form of a certified check, bank check, or bid bond in the amount of (See below following D-numbers):

Note: The original hardcopy bid bonds for the two lowest bidders must be postmarked and sent via certified mail within 48 hours of receiving the bid summary from the Office.

General Construction Contract Pool and site demolition and reconstruction work as noted in the Contract Documents.

D006239 $65,950.00 Sixty-Five Thousand Nine Hundred Fifty and 00/100 Dollars

Engineer’s Estimate Range:

$1,121,150.00 - $1,516,850.00

Electrical Contract Electrical work inside the pool equipment building and as noted in the Contract Documents.

Engineer’s Estimate Range:

$81,600.00 - $110,400.00

D006240 $4,800.00 Four Thousand Eight Hundred and 00/100 Dollars

Plumbing Contract Plumbing work inside the pool equipment building and as noted in the Contract Documents.

Engineer’s Estimate Range:

$95,200.00 - $128,800.00

D006241 $5,600.00 Five Thousand Six Hundred and 00/100 Dollars mailto:Hudson.CapitalProcurement@parks.ny.gov

Notice to Bidders / February 2024 2

The Bid opening will be conducted ONLY via WebEx at the link listed below:

https://meetny.webex.com/meetny/j.php?MTID=m6887eefadc3d5de238f628aaf98af0d8

MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE PARTICIPATION

GOALS (MWBE)

The following goals for MWBE participation on this project have been established at:

Minority Owned Business Enterprise (MBE) for General Construction D006239: 11% Women Owned Business Enterprise (WBE) for General Construction D006239: 2% Minority Owned Business Enterprise (MBE) for Electrical Construction D006240: GFE Women Owned Business Enterprise (WBE) for Electrical Construction D006240: GFE Minority Owned Business Enterprise (MBE) for Plumbing Construction D006241: 0% Women Owned Business Enterprise (WBE) for Plumbing Construction D006241: 11%

SERVICE-DISABLED VETERAN OWNED BUSINESS (SDVOB) GOALS

The following goals for SDVOB participation on this project have been established at:

Service-Disabled Veteran Owned Business for General Construction D006239: 6% Service-Disabled Veteran Owned Business for Electrical Construction D006240: GFE Service-Disabled Veteran Owned Business for Plumbing Construction D006241: GFE

PUBLIC BUILDING LAW § 8(6)

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 $1,628,283 or less (maximum amount has been adjusted for inflation effective January 1, 2024). 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.

PROJECT COMPLETION

The completion date for this project is 350 Days after agreement has been approved by the NYS Comptroller’s Office.

Project Specific Liquidated Damages (Refer to Article 14.10 of the General Conditions).

Starting on the advertisement date, the Bidding and Contract Documents may be examined free of charge and obtained via email from Shereen Sheikh at Shereen.Sheikh@parks.ny.gov .

In accordance with State Finance Law, Section 139-j, the following agency staff have been designated as contacts for this contract:

https://meetny.webex.com/meetny/j.php?MTID=m6887eefadc3d5de238f628aaf98af0d8 mailto:Shereen.Sheikh@parks.ny.gov

Notice to Bidders / February 2024 3

Jason Penge (Project Manager) 518-584-2000 jason.penge@parks.ny.gov Kurt Kress (Assist. Dist. Mgr.) 518-584-2000 kurt.kress@parks.ny.gov Shereen Sheikh (Administrative) 518-450-9055 shereen.sheikh@parks.ny.gov Tammy Murray (Administrative) 518-474-3831 tammy.murray@parks.ny.gov

Please note that contacting any other agency staff regarding this contract may be a violation of State Finance Law, Section 139-j, resulting in a determination of contractor non-responsibility.

EXECUTIVE ORDER No. 16

The successful bidder will be required to furnish an Executive Order No. 16 certification form prior to contract award.

The Executive Order can be found here: https://www.governor.ny.gov/executive-order/no- 16-prohibiting-state-agencies-and-authorities-contracting-businesses-conducting

The Executive Order Certification Form can be found here:

https://ogs.ny.gov/system/files/documents/2022/04/eo16_certification.pdf

BONDS

The successful bidder will be required to furnish a Performance Bond and a Labor and Material Bond/Payment Bond in the statutory form of public bonds required by Sections 136 and 137 of the State Finance Law, each for 100% of the amount of the Contract.

All Requests For Information (RFIs) are due by: 5:00 PM on May 31, 2024 RFIs received after this due date and time will not be processed.

RFIs should be submitted by e-mail to: Jason.penge@parks.ny.gov.

There will be a pre-bid meeting on May 28, 2024 at 11:00 AM at the Mine Kill Pool Complex.

State's Rights to Proposals

By submitting a bid, 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 reserves the right to exercise the following:

● Change any of the scheduled dates herein;

● Amend IFB requirement(s) after their release to correct errors or oversights, or to supply additional information as it becomes available;

● Withdraw the IFB, at its sole discretion without any obligation or liability to any vendor;

mailto:jason.penge@parks.ny.gov mailto:kurt.kress@parks.ny.gov mailto:shereen.sheikh@parks.ny.gov mailto:tammy.murray@parks.ny.gov https://www.governor.ny.gov/executive-order/no-16-prohibiting-state-agencies-and-authorities-contracting-businesses-conducting https://www.governor.ny.gov/executive-order/no-16-prohibiting-state-agencies-and-authorities-contracting-businesses-conducting https://ogs.ny.gov/system/files/documents/2022/04/eo16_certification.pdf

Notice to Bidders / February 2024 4

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

● Evaluate, 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 or other apparent errors for the purpose of assuring a full and complete understanding of a Bidder’s proposal and/or to determine a Bidder’s compliance with the requirements of this solicitation;

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

● Use proposal information obtained through OPRHP investigation of a Bidder’s qualifications, experience, ability or financial standing, and any material or information submitted by the Bidder in response to OPRHP’s request for clarifying information in the course of evaluation and selection under this IFB;

● Prior to the award, 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 IFB to serve the best interests of OPRHP and the State of New York;

● Conduct Contract negotiations with the next ranked responsible Bidder, should OPRHP be unsuccessful in negotiating an Agreement with the selected Bidders;

● Move to the next ranked responsible low Bidder should the low bidder fail to implement the requirements of the bid;

● If OPRHP terminates the Contract for non-performance, OPRHP reserves the right, with the approval of the New York State Office of the Attorney General and the Office of the State Comptroller, to award a contract to the next highest ranked Bidder of the original bid submission within the first twelve months of the award;

● Utilize any and all ideas submitted in the bids received;

● Make an award under the IFB in whole or in part; and

● Seek revisions of bids.

Bids containing false or misleading statements, or which provide project contacts that do not support an attribute or condition claimed by a Bidder, may be disqualified from consideration.

If, in the opinion of OPRHP, a statement is intended to mislead OPRHP in its evaluation of the bid, and the attribute, condition, or capability is a requirement of the IFB, the bid shall be disqualified from consideration.

Response to Bidder Questions and Requests for Clarification

Notice to Bidders / February 2024 5

OPRHP will provide a written response to all substantive questions and requests for clarification.

Tie Bids

In the event there is a tie final determination will be made by the OPRHP Deputy Commissioner for Capital.

Modification or Withdrawal of Bids

Bid modifications that are submitted in writing and signed by an authorized representative of the bidding firm will be considered for award if received by OPRHP prior to the scheduled proposal due date. Bids may be withdrawn or cancelled prior to the scheduled proposal due date. A bid may be rejected by OPRHP: if it shows any alteration of terms, conditions, or requirements; for any other irregularities; if it is incomplete, or if it offers an alternate bid not invited by the specifications.

Freedom of Information Law

Your bid to OPRHP, including accompanying documents, is subject to the Freedom of Information Law (FOIL) found in Article 6 of the N.Y. Public Officer Law. FOIL provides that certain records are exempt from disclosure, including those that contain (1) trade secrets, (2) information that, if disclosed, would cause substantial injury to the competitive position of your organization, or (3) critical infrastructure information. Records may be redacted to protect only the portions of documents that fall within a FOIL exemption. An entire document may not be withheld if only a portion of the document is exempt from disclosure. Blanket assertions that information is a trade secret, confidential, or proprietary are insufficient to justify withholding information under FOIL. If you identify information seeking an exemption from public disclosure due to the above-mentioned reasons such request will be reviewed, and a determination will be made as to whether the information is exempt from disclosure under FOIL. However, such submissions seeking non-disclosure will not be considered unless it is accompanied with an explanation justifying the privilege. The State’s determination may be appealed pursuant to POL §89(5)(c). Pursuant to POL §87(2)(b), the State, without having to request it, will redact information that “if disclosed would constitute an unwarranted invasion of personal privacy.”

Timely Submission

The Bidders are solely responsible for timely delivery of their bid to the location set forth by the stated bid due date/time and are solely responsible for delays in receipt, including but not limited to those due to third-party carriers.

Bidder Proposal Clarification

Prior to award, OPRHP reserves the right to seek clarifications, request proposal revisions, or to request any information deemed necessary for proper evaluation of proposals from all Bidders deemed to be eligible for Contract award. Failure of a bidder to cooperate with

Notice to Bidders / February 2024 6

OPRHP’s effort to clarify a proposal may result in the proposal being labeled as non-responsive and be given no further consideration.

Additionally, OPRHP reserves the right to use information submitted by the Bidder in response to OPRHP’s request for clarifying information in the course of evaluation and selection under this IFB.

Bid Review and Contract Approval

The Contract resulting from this IFB will not be effective until approved by the Office of the Attorney General and the Office of the State Comptroller.

Debriefing Sessions

A debriefing is available to any entity that submitted a proposal or bid in response to a solicitation (“Bidder”). A Bidder will be accorded fair and equal treatment with respect to its opportunity for debriefing.

Debriefing must be requested in writing by any bidder within fifteen (15) calendar days of OPRHP notifying the unsuccessful bidders that another vendor was selected.

A bidder’s written request for a debriefing must be submitted to the designated contact listed on the cover of this IFB.

The debriefing will be scheduled within ten (10) business days of receipt of written request by OPRHP or as soon after that time as practicable under the circumstances.

Bid Protest Procedure

OPRHP procedures for handling protests of bid awards are set forth in the Bid Protest Procedures which can be found at the end of this document.

Indemnification

The Contractor agrees to indemnify, defend, save, and hold harmless the State of New York, OPRHP, and their officers, employees, and agents of and from any claims, demands, actions, or causes of action of any kind arising out of the services of the Contractor provided for in this agreement.

Solicitation

This IFB is a solicitation to bid, not an offer of a contract.

Notice to Bidders / February 2024 7

Bid Protest Procedures It is the policy of the Office of Parks, Recreation and Historic Preservation (OPRHP) to provide bidders with an opportunity to administratively resolve disputes or inquiries related to OPRHP 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.

OPRHP reserves the right to suspend, modify, or cancel this procurement at any time during the procurement process. OPRHP also reserves the right to waive or extend the deadlines in this procedure.

Submission of Formal Written Protests

Protests must be received by the Designated Contact no later than five (5) business days after a debriefing or ten (10) business days after the written notice of selection or non-selection for contract award, whichever is later.

Protests must be submitted in writing, clearly marked as a protest on the envelope or in the email subject line, and include the following information:

1. Solicitation or contract number

2. Name, address, email address and telephone number of the filer

3. Detailed statement of the legal and factual grounds for the protest

4. Statement of the relief requested

5. Copies of relevant documents

Agency Response

Within 30 business days of receipt of a protest, OPRHP’s protest officer (the Director of Audit or her designee) will respond with a protest determination stating the agency’s decision on the protest and the reasoning on which it is based. In making a determination, the protest officer will consider the legal and factual grounds stated in the protest, consult with the Designated Contact and appropriate program staff, and review all relevant documents.

Finality; Appeal

For contract opportunities subject to the approval of the Office of the State Comptroller, the protesting party may appeal OPRHP’s protest determination to the Office of the State Comptroller in accordance with the regulations contained in Part 24 of Title 2 of the New York Codes, Rules and Regulations.

Notice to Bidders / February 2024 8

For contract opportunities that are not subject to the approval of the Office of the State Comptroller, OPRHP’s protest determination is the conclusive and final determination of the protest.

Nothing in these bid protest procedures is intended to limit or impair the rights of any bidder to seek and pursue remedies of law through the judicial process.