Invitation for Bids Bus Transportation for Intercollegiate Athletics - 2026-

2027 Academic Year

OAB052626

SUNY Oneonta Attn: John Villanti

108 Ravine Parkway Oneonta, NY 13820

SUMMARY INFORMATION FORM

THIS PAGE MUST BE SIGNED AND RETURNED WITH BIDDER’S RESPONSE

IFB Number:

OAB052626

IFB Title:

Bus Transportation for Intercollegiate Athletics - 2026-2027 Academic Year

IFB Release Date:

July 6, 2026

Key Events

Questions due N/A

Answers provided on approximately N/A

Pre-Proposal Conference (if applicable) N/A

Site Visit (if applicable) N/A

Notice of Intent to Bid Due (if applicable) N/A

Proposal Due Date and Time July 28, 2026 by 2 PM ET

Presentation, Demonstration, Interview (if applicable) N/A

Anticipated Notification of Award July 2026

Anticipated Contract Start Date August 2026

Length of Contract One (1) Year

SUNY reserves the right, in its sole discretion, to modify the above schedule. Bidders will be notified via email of any changes in a timely manner

Contact Information

Primary Contact:

John Villanti

Interim Associate Vice President State University of New York at Oneonta john.villanti@oneonta.edu 607-436-2099

MWBE Program Contact:

John Villanti

Interim Associate Vice President State University of New York at Oneonta john.villanti@oneonta.edu 607-436-2099

Restricted Period

In accordance with the requirements of New York State Finance Law Sections 139j and 139k (“Lobbying Law”), the restricted period for this procurement is now in effect and shall continue until the approval of a contract by SUNY, or if applicable, by the Office of the State Comptroller.

Therefore, all communications regarding this procurement must be handled through the State University of

New York’s designated contacts only.

Bidder Information

Legal Business Name of Company Bidding: Bidder’s Federal Tax Identification

Number:

D/B/A – Doing Business As (if applicable): NYS Vendor ID Number:

Street Address: City/State: Zip Code:

If applicable, place an “x” in the appropriate box: (check all that apply)

☐ Small Business (if checked, provide number of employees ) ☐ Disabled Veteran Owned Business

☐ Minority Owned Business (NYS Certified) ☐ Women Owned Business (NYS Certified)

If you are not bidding, place an “x” in the box and return this page only. ☐ We are unable to bid at this time because:

Bidders Signature: Title:

Printed Name and Name of Firm: Date:

By signing this form, bidder acknowledges (a) that the IFB instructions are understood; (b) that the bidder is committed to servicing the needs of the SUNY in the required time period; and (c) that all information required by this IFB has been included in bidder’s proposal.

mailto:john.villanti@oneonta.edu mailto:john.villanti@oneonta.edu

Section 1: OVERVIEW

The State University of New York at Oneonta ("SUNY Oneonta") is issuing this Invitation for Bids (IFB) to contract with a bus transportation company to provide safe, reliable, and comfortable bus transportation for the University’s student-athletes, coaches, and staff, during the academic year. The intent of this Invitation for Bid (IFB) is to enter into multiple contracts to the lowest bidders determined to meet the minimum bidder qualifications.

The successful Bidders awarded contracts must be fully operational and able to commence work on August 1, 2026.

The State University of New York at Oneonta will be identified throughout this IFB interchangeably as “SUNY Oneonta” or the “University.”

As well, the words “bidder,” “firm,” “contractor” and “vendor” will be used interchangeably throughout this IFB. Finally, for purposes of this IFB, the use of the terms “shall,” “must” and “will” are used interchangeably when describing the contractor’s/bidder’s duties.

About the State University of New York (SUNY) System The State University of New York (SUNY) is the largest comprehensive system of higher education in the United States, and more than 95 percent of all New Yorkers live within 30 miles of any one of SUNY’s 64 colleges and universities. In total, SUNY serves about 1.3 million students amongst its entire portfolio of credit- and non-credit-bearing courses and programs, continuing education and community outreach programs. There are more than 3 million SUNY alumni worldwide, and one in three New Yorkers with a college degree is a SUNY alum.

About the State University of New York at Oneonta (SUNY Oneonta) The State University of New York at Oneonta (SUNY Oneonta) is a public, four-year university in Central New York, enrolling about 4,700 undergraduate and 650 graduate students in a wide variety of bachelor's degree programs and more than a dozen graduate degree and certificate programs. All undergraduate programs are offered on campus. Some graduate-level programs are delivered in person, with others delivered fully online or in a hybrid format.

The University is known for its beautiful campus and small, college-town atmosphere; focus on experiential learning; rich student life experience and welcoming campus community. Several niche undergraduate and graduate programs differentiate SUNY Oneonta from comparably sized private and public universities within the state and attract out-of-state students.

Section 2: BIDDER QUALIFICATIONS

Contracts will be awarded only to responsible, responsive, and qualified Bidders in a financial position to do the work specified. Bidders must clearly address and attest to meeting the following mandatory qualifications. Bidders that do not meet the mandatory qualifications will be disqualified. A disqualified proposal will not be further evaluated or considered for contract award.

2.1 Minimum Bidder Qualifications/ Experience

• Bidders must be in the business of providing charter bus transportation services for a minimum of five (5) years and able to show a five (5) year record of satisfactory performance.

• Bidder must be able to demonstrate successful experience providing safe and reliable bus transportation to other universities, colleges, or similar-sized institutions.

• Bidder must have capacity to service this account (fleet size, condition, age, and vehicle type).

• Affidavit of Compliance with Article 19, NYS Motor Vehicle & Traffic Law.

2.2 References

• Bidders are to provide a minimum of three (3) references, including contact name, company or institution name, phone, email, and mailing address. SUNY Oneonta reserves the right to contact any/all of a Bidder’s references in order to make a complete determination of responsibility and capability. References must be satisfactory and demonstrate Bidder’s capabilities and experience to successfully provide safe, reliable, and comfortable bus transportation at the scope and nature of the services described in this IFB.

• At least two (2) of the references must be from other universities, colleges or similar-sized institutions.

2.3 Terminated Customer Accounts

• Bidders are to provide a list of accounts where a contract was terminated by a customer within the past five (5) years.

2.4 US DOT Safety and Fitness Electronic Records (SAFER) System

• Any vendor that has a rating of “Unsatisfactory” per the US DOT SAFER website will be considered disqualified.

Section 3: SCOPE OF SERVICES

The successful bidders will be expected to be responsible for providing the following services during the duration of the agreement:

3.1 Scope of Services

The successful contractor will provide bus transportation and qualified driver(s) to transport student-athletes, coaches, and personnel from a specified campus location to an indicated destination and return, in accordance with the terms and conditions contained herein. The Contractor understands and agrees that local transportation may be required while at the destination. Local transportation may include but is not limited to trips to and from meals, practices, games, and other trip-related events, while at the trip destination. A “Trip Schedule” for University teams is included on Attachment 4: Cost Proposal Worksheet – IFB OAB052626 titled “SUNY Oneonta Athletic Trips 2026-2027”. The “Trip Schedule” includes the estimated date and destination of all known trips scheduled to take place during the 2026-2027 academic year. All trips will depart from the Alumni Field House, located on the SUNY Oneonta campus, 108 Ravine Parkway, Oneonta NY 13820.

3.2 Technical Specifications

• Vehicles

1. All buses are required to be at least 23–to-30 passenger, 40-to-47 passenger and/or 55 or 56 passenger over-the-road coaches, equipped with lavatory, heat and air conditioning, and video and Wi-Fi capabilities. All buses also must meet or exceed all applicable standards established for such vehicles by the State of New York, including liability insurance requirements and New York State Department of Transportation inspection approvals.

2. Contractor must provide buses that meet or exceed the following requirements:

a) 23-to-30 , 40-to-47 and/or 55-56 passenger coaches (subject to the University’s needs);

b) Less than 10 years old (i.e., 2015 model year or newer);

c) Heating and air conditioning;

d) Luggage compartments, overhead and/or beneath bus, with sufficient storage for uniforms and equipment;

e) On-board restroom facility;

[Note: If on-board restroom facility is not available due to any reason, including mechanical failure, a reduction in the cost of the trip in the amount of $375 is to be made as penalty. If this occurs more than a reasonable number of times, as determined by the Department of Athletics, the University has a right to cancel the Contract.]

f) Reading lights;

g) Wi-Fi connectivity; and

[Note: if Wi-Fi connectivity is not available due to any reason, including mechanical failure, a reduction in the cost of the trip in the amount of $125 is to be made as penalty. If this occurs more than a reasonable number of times, as determined by the Department of Athletics, the University has a right to cancel the Contract.]

h) Equipped with two-way communication.

3. Contractor shall be responsible for the following:

a) Maintenance and repair of the bus(es).

b) Coordinating any additional bus required for trip completion and having a contingency plan in place to provide alternate, comparable bus transportation as quickly as possible in the event of a bus breakdown. In the event of bus breakdown, alternate bus must be in route within two (2) hours of breakdown. Contractor must describe this contingency plan in its bid proposal.

c) All reasonable costs associated with the bus breakdown, including, but not limited to, necessary layover expenses incurred by bus passengers, such as hotel accommodations, meals, and alternative transportation.

Contractor will not bill the University for the quoted cost of the trip, if University student-athletes, coaches, and/or personnel do not reach the scheduled event at the time required for play/participation.

d) Ensuring both the interior and exterior of all buses are well maintained and in clean condition.

The University reserves the right to direct the driver to return any vehicle to the company garage when, in the opinion of the University, the vehicle is not in safe condition, the heating system, air conditioning or video equipment is not functioning properly, or it is without restroom facilities. The University shall not be responsible for any charges incurred for that vehicle. Another vehicle of the required type shall be provided in accordance with the Contract. The University reserves the right to refuse the equipment provided and seek another vendor to perform the service(s). In such cases, the original contractor will be responsible for any amount above the bid price for the requested trip(s).

4. Damages to equipment:

a) The University will be responsible for damages caused by University passengers that are willful or malicious and cause destruction or require excessive or other-than-normal cleaning service.

b) The University will not be responsible for damage caused by normal wear and tear.

c) The Contractor must report all damages no later than the first business day following such an incident.

3.3 Driver Credentials

All drivers must be qualified, duly licensed, identified as authorized employees of the Contractor with proper identification, present a neat and clean appearance, and act courteous. The safety of student athletes is of primary importance. The Contractor agrees that any and all drivers and motor coaches provided under this contract shall comply with New York State Article 19-A NYS Motor Vehicle & Traffic Law, and all NYS Department of Transportation laws, rules, etc. and any other applicable laws.

Bidders are to provide a copy of their most recent Article 19-A Motor Carrier Annual Affidavit of Compliance (DS-3), and Article 19-A Roster of Active Drivers, with their bid proposal.

Every driver/operator must be at least 25 years of age, and appropriately licensed and insured, in accordance with all applicable laws and regulations for operation in the United States. Once the trip’s destination has been identified, it is expected the Contractor will brief the driver as to the proper pickup and drop-off points, and the anticipated route of the trip. The bus/motor coach must be operated in a careful and prudent manor regarding safety and well-being, and in strict compliance with traffic laws and regulations.

In the event the University determines that a driver has been remiss of his/her responsibilities concerning safety standards, speeding or offensive behavior, the University reserves the right to remove the driver from future charters. Drivers will not be allowed to smoke on the bus.

In case of a mechanical failure or any other delay except an Act of God, the Contractor will be responsible for the arrival of the team(s) at the proper destination at the appropriate time.

3.4 Operation of Bus/Motor Coach

Contractor will be reimbursed only at the rates quoted by Bidder/Contractor. In any instance, except an Act of God, where arrival is after the scheduled starting time of the contest, the University will not be liable for trip charges. The Contractor will have the right to review departure times to ensure prompt arrival.

Times for pick-ups of the teams will be confirmed after the contracts have been awarded. The driver must work with University officials and/or coaches to be available for any local transportation required at the trip destination, e.g., meals, etc. Attachment A data has been estimated to provide for a basis of pricing. The University will inform Contractor of the details regarding the overnight lodging accommodations for the student-athletes and coaches and will make the hotel reservation for Contractor’s driver(s). However, Contractor will be responsible for paying the cost of hotel accommodations for its driver(s).

The Contractor will be responsible for the following costs:

a) Overnight hotel accommodations for driver(s);

b) Driver’s meals and gratuities;

c) Tolls and gratuities;

d) Fuel and repair parts; and

e) Traffic fines and penalties.

3.5 Trip Schedule

With the exception of unknown trips related to championships/playoffs and rare, other student-athlete events, all projected 2026- 2027 athletic event destinations and schedules are incorporated herein on the “SUNY Oneonta Athletic Trips 2026-2027” as part of Attachment 4: Cost Proposal Worksheet – IFB OAB052626. The University considers the “Trip Schedule” to be as accurate as possible as of the writing of this IFB. However, unforeseen changes may occur. The University’s Athletic Department will work closely with the contractor to confirm and schedule (all awarded trips), with as much advance notice as possible, to ensure a positive working relationship.

a) At the writing of this IFB, the pick-up point for all trips will be at the Alumni Field House. However, on-campus pick- up locations are subject to change, based on the needs of the University’s athletic teams, coaches, and personnel.

b) Contractor’s bus(es) must arrive at the Alumni Field House for loading at least thirty (30) minutes prior to the scheduled time for departure.

c) Each trip will involve destination transportation (e.g., stopping for meals for the athletic teams).

d) Because the dates and destinations for some events may change due to circumstances beyond the University’s control, the University reserves the right to change dates and destinations, with the cooperation and assistance of the Contractor.

e) In the case of postponed games, the Contractor will be notified no later than four (4) hours prior to the load time.

f) In case of a mechanical failure or any other delay except Acts of God, war, or insurrection, the Contractor will be responsible for the arrival of the team(s) at the proper destination at the appropriate time. Regardless of the time a trip consumes, the Contractor will be reimbursed only the amount listed on the fee schedule. In any instance, except Acts of God, war, or insurrection, where arrival is after the scheduled starting time of a contest, the University will not be liable for any trip charges.

g) The University will make a concerted effort in the cases of rainouts to notify Contractor at least one (1) hour prior to the load time.

h) On the return trip to campus, athletes will be dropped at the Alumni Field House.

Section 4: METHOD OF AWARD

This IFB is part of a competitive procurement process designed to serve the best interests of the State University of New York and the People of the State of New York. It is also designed to provide all bidders with a fair and even opportunity to have their services considered.

SUNY Oneonta will conduct a comprehensive review of each responsive bid submitted in accordance with the terms of this IFB.

• Each bid received by the due date and time will be screened for completeness of submission in accordance with Section 4, Bid Submission Requirements.

• The award of the contracts resulting from this IFB will be made to the bidders with lowest cost, who are deemed responsive and responsible, and that have met all of the Technical Specifications, Bidder Qualifications, and General Terms and Conditions set forth in this IFB.

• Bidders must complete “Attachment 4: COST PROPOSAL WORKSHEET”. That will be used to determine the lowest quoted bid per trip. Bidders should not add any additional charges other than what is listed in Pricing Sheet Form. Modification of the pricing sheet can lead to disqualification.

• Please indicate “NO BID” on any trips you will not be bidding on.

• Multiple contracts will be awarded to multiple vendors based on lowest quoted bid per trip.

• All known 2026-2027 academic year athletic trips have been listed in “SUNY Oneonta Athletic Trips 2026-2027” as part of Attachment 4: Cost Proposal Worksheet – IFB OAB052626. The trip schedule listed on Attachment 4 is as accurate as possible as of the writing of this IFB and is subject to change.

• The University may without prejudice to any right or remedy, and after giving the Contractor written notice, terminate the contract immediately if any of the following conditions exist:

a) If the Contractor is adjudged bankrupt;

b) If work under the Contract resulting from this IFB is abandoned or deficiencies occur that are not corrected within a reasonable time;

c) If the Contract or any part hereof is subcontracted without prior written consent of the University; and

d) If after a Contract is executed, that Contract is terminated for any reason, the University may, in its sole discretion, either enter into negotiations with the next lowest, responsible Bidder or issue a new IFB and begin the bid process anew.

e) The University may cancel this contract for breach, as determined by the University, for such items as, but not limited to:

insufficient insurance coverage; failure to provide safe and sanitary equipment; or the quality of services is unsatisfactory to the personnel of the University. The University may without prejudice to any right or remedy, and after giving the other party thirty (30) calendar days’ notice, terminate this contract.

Section 5: PROPOSAL SUBMISSION REQUIREMENTS

5.1 Proposal Requirements

All proposals must include the following:

A. Letter of Transmittal

The letter of transmittal should be limited to one or two pages and must state:

1. The names, titles, and contact information of the persons who will be authorized to make representations for the bidder.

2. A representation that the person signing the letter is authorized to bind the bidder.

3. A certification indicating that to the best of the Bidder’s knowledge, either: (a) no downstream prohibition exists; or

(b) the applicable exemption(s) that the Bidder reasonably believes allows them to bid; and

B. Detailed Bidder Profile

a. This IFB is designed to obtain complete data from each Bidder to enable the University to determine which contractors are best able to provide safe, reliable, and comfortable, transportation for the University’s athletic teams, coaches, and personnel for away contests and team events. Each Bidder must furnish as part of its bid submission a complete description of its ability, experience, and qualifications in the form of a Vendor Profile. Omissions, inaccuracy or misstatements may be sufficient cause for rejection of the bid.

b. The Vendor Profile is to include, but not be limited to, the following information:

i. Name and address of Bidder.

ii. USDOT Number

iii. The duration and extent of Bidder’s experience providing charter bus transportation; Bidder must show a five (5) year record of satisfactory performance, which includes providing safe and reliable bus transportation to other universities, colleges or similar-sized institutions. Bidder is to provide a written statement attesting to meeting this requirement in the Vendor Profile or cover letter.

iv. Evidence of Sufficient Number of Buses - Bidder must own or lease a sufficient number of buses to ensure

University requirements can be met. Bidder is to include in the Vendor Profile a list of all owned and leased buses in its charter bus inventory that includes the following information:

• Vehicle/bus numbers;

• Year and make;

• Identification or serial number;

• Date of last Public Service Commission Inspection;

• Vehicle maintenance schedules;

• Record of accidents for 2024, 2023, and 2022;

v. New York State Department of Transportation Bus Safety Network (NYS DOT BUSNET) operator profile report.

vi. Evidence of satisfactory fleet size, condition, age, and vehicle type (may be subject to on-site review by the University). Capacity to service this account must be demonstrated. The University will have sole discretion to determine if the number, type, and condition of the buses submitted are adequate to perform the service.

vii. NYS DOT Permits – Contractor shall have the necessary New York State Department of Transportation permits for operation of this type of service. Photocopies of said permits are to be furnished with bid.

viii. Article 19-A Compliance – Bidder must be compliant with Article 19-A and is to furnish a copy of its most recent Article 19-A Annual Affidavit of Compliance, and its Article 19-A roster with its bid.

C. Requirements

The Bidder must agree to the following requirements for any services or other deliverables to be provided by the Bidder:

1. Bidder shall not use the SUNY Materials or any portion thereof for any purpose other than that of fulfilling Bidder’s obligations under the Contract. Neither the SUNY Materials nor any portion thereof may be used, disclosed, transmitted, transferred, sold, assigned, leased or otherwise disposed of, made available for access by third parties, or be commercially exploited by or on behalf of Bidder, its employees or agents, except as expressly provided in this

Contract.

2. Bidder shall not use the name, or any logo, mascot, seal, trademark, trade name or other proprietary mark of SUNY for brand or product endorsement, or in any manner which may imply such endorsement. Any other use is subject to

SUNY’s or the applicable campus’ prior written approval.

Proposals that do not include all of the items above will be considered non-responsive and may be disqualified.

Proposals must be received via hand delivery, U.S. mail, or courier service. Proposals will not be accepted via email, telephone, or facsimile.

1. Send hard copies of your signed and notarized proposals to:

SUNY Oneonta Attn: John Villanti

108 Ravine Parkway

Oneonta, NY, 13820

2. Bidders must submit two (2) hard copies of their proposal and one (1) electronic copy on a thumb drive to the address provided above.

3. Bidders must allow sufficient time to ensure receipt by the due date and time. Bidders are cautioned that even when using a trackable mailing/courier/messenger service, proposals must be received by the due date and time. Proposals submitted to any other person or any other address will not be accepted.

4. The Cost Proposal Worksheet should be submitted in a separate sealed envelope. No mention of cost should appear in the main proposal. Failure to adhere to this requirement may result in disqualification.

5. Proposals should be submitted in sealed packages clearly labeled on the exterior with the IFB number and title. Proposals not labeled as instructed risk being opened prior to the bid opening date, which may result in the proposal being rejected.

Late Bids: For purposes of Bid openings, a Bid must be received at the physical address identified above on or before the due date and time. A Late Bid is one that is not received at the location, date and time specified in this IFB. Any Bid received at the specified location after the time specified in this IFB will be considered a Late Bid. A Late Bid shall not be considered for award unless: (i) no timely Bids meeting the requirements of this IFB are received, or (ii) in the case of a multiple award, an insufficient number of timely bids were received to satisfy the multiple award; (iii) and acceptance of the Late Bid is in the best interest of SUNY Oneonta. Delays in United States mail deliveries or any other means of transmittal, including couriers or agents of SUNY Oneonta 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. Determinations relative to bid timeliness shall be at the sole discretion of the SUNY Oneonta University President or designee.

Additional Proposal Submission Requirements

1. To be deemed “responsive” to this IFB, a bidder must meet all mandatory requirements and qualifications and its written proposal must address all points and questions appearing in this IFB. In the event a bidder’s proposal is determined by SUNY Oneonta to be “non-responsive,” SUNY Oneonta may disqualify the proposal. A disqualified proposal will not be further evaluated or considered for contract award. Responses should be labeled to correspond to the numbers/letters of the sections and subsections of this IFB.

2. Prepare a clearly readable proposal that includes all required information.

3. Bidders must submit all information requested by SUNY Oneonta in written form. Proposals must be complete, accurate, and in the form requested.

4. Indicate any deviations from the technical specifications and if necessary, attach separate documents and/or explanation.

5. All bids and accompanying documentation shall become the property of SUNY Oneonta and shall not be returned.

6. The proposal must be fully and properly executed by an authorized person, and the authorized person’s signature must notarized. By signing, you certify (i) your express authority to sign on behalf of yourself, your company, or other entity; (ii) your full knowledge and acceptance of this IFB, Exhibit A (State University of New York Standard Contract Clauses), Exhibit A-1 (State University of New York Affirmative Action Clauses), State Finance Law §139-j and §139-k (Procurement Lobbying Certification);

and (iii) that all information provided is complete, true and accurate. By signing, you further affirm that you understand and agree to comply with the procedures on permissible contacts relating to this procurement as required by State Finance Law §139-j (3) and §139-j (6)(b). These procedures may be accessed at: Procurement Lobbying:

http://www.ogs.state.ny.us/aboutOgs/regulations/defaultAdvisoryCouncil.html

7. Bidders unable or unwilling to submit a proposal are asked to complete the Summary Information Form (Page 1 of this IFB) and check the box indicating that no bid is being submitted.

8. All prices and conditions must be included in the original proposal. Prices and conditions not included in the original proposal will be rejected.

9. The submission of a proposal constitutes a nonrevocable, binding offer to perform and provide said services. Such binding offer shall be firm and not revocable for a period of sixty (60) days from the due date for bids. After sixty (60) days, the proposal may remain in effect, subject to withdrawal communicated in writing signed by the Bidder.

10. Bidder is responsible for all costs that it incurs, direct or indirect, related to the preparation and submission of a proposal in response to this IFB.

11. Each copy of the proposal must be accompanied by the following:

- Summary Information Form (page 1 of this IFB)

- Attachment 1: Notary Acknowledgement Form

- Attachment 2: Proposal Submission Checklist (and the documents indicated thereon)

- Attachment 3: Submission Identification Form

- Attachment 4: Cost Proposal Worksheet http://www.ogs.state.ny.us/aboutOgs/regulations/defaultAdvisoryCouncil.html

- Attachment 5: Procurement Lobbying Act Certification

- Attachment 6: Non-Collusive Bidding Certification

- Attachment 7: Diversity Practices Questionnaire

- Attachment 8: NYS Finance Law 139-l Certification

- Attachment 9: NYS Human Rights Law Executive Order 177 Certification

- Attachment 10: NYS Subcontractor Identification Form

- Attachment 11: NYS Executive Order 16 Certification / Russia Attestation

- Vendor Responsibility documentation as set forth in Section 7, Part 17

- Diversity Practices, MWBE and EEO documentation as set forth in Section 7, Part 11

- SDVOB documentation as set forth in Section 7, Part 11

Section 6: PROCUREMENT PROCESS INFORMATION

1. Bidder Questions If a Question and Answer period is provided for in this solicitation, the schedule will be shown on the Summary Information Form (page 1 of this IFB). All questions must be submitted in writing by email, citing the particular IFB page, section, and paragraph numbers where applicable. Questions must be E-MAILED to arrive no later than 5:00 p.m. Eastern Time on the date indicated and must be emailed to the Designated Contacts shown on the Summary Information Form. Questions received after the closing date for inquiries may not be answered. Only written answers are official. All Questions and Answers will be provided in writing to all potential bidders.

2. Bid Opening Bids may, as applicable, be opened publicly. The University reserves the right at any time to postpone or cancel a scheduled Bid opening.

3. Extraneous Terms Bids must conform to the terms set forth in this IFB. Extraneous terms or material deviations (including additional, inconsistent, conflicting or alternative terms) may render the Bid non-responsive and may result in rejection of the Bid. Extraneous term(s) submitted on standard, pre-printed forms (including but not limited to: product literature, order forms, license agreements, contracts or other documents) that are attached or referenced with submissions shall not be considered part of the bid or resulting contract, but shall be deemed included for informational or promotional purposes only.

4. Electronic IFB Electronic copies of this IFB and related forms are available at the New York State Contract Reporter at https://www.nyscr.ny.gov/

5. SUNY’S Reserved Rights

SUNY reserves the right to:

a. Award on a per trip cost basis.

b. Award to multiple vendors.

c. Make partial awards.

d. Reject any and all proposals received in response to this IFB.

e. Reject any or all portions of any proposal, to negotiate terms and conditions consistent with this IFB and to make an award for any or all remaining portions.

f. Withdraw the IFB at any time, at SUNY Oneonta’s sole discretion.

g. Make an award in whole or in part.

h. Disqualify any bidder whose conduct and/or proposal fails to conform to the requirements of the IFB.

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

j. Prior to the bid opening, amend the IFB specifications to correct errors of oversights, or to supply additional information, as it becomes available.

k. Request certified audited financial statements for the past three (3) completed fiscal years and/or other appropriate supplementation including, but not limited to, interim financial statements and credit reports.

l. Request references and contact any or all references.

m. Adjust or correct cost or cost figures with the concurrence of the bidder if mathematical or typographical errors exist.

n. Advise the successful bidder of an objectionable employee(s) and/or subcontractor(s).

https://www.nyscr.ny.gov/

o. Waive requirements or amend this IFB upon notification to all bidders. Mandatory requirements may be eliminated if unmet by all Bidders.

p. Negotiate with bidders responding to this IFB within the requirements necessary to serve the best interests of SUNY Oneonta.

q. Begin contract negotiations with another bidder in order to serve the best interests of SUNY Oneonta should contract negotiations with the successful bidder be unsuccessful within a time frame acceptable to SUNY Oneonta.

r. Request clarifications from bidders for purposes of assuring a full understanding of responsiveness and permit revisions from all potential awardees prior to award.

s. Award no contract.

6. Contract Award Receipt of this IFB does not indicate that SUNY has predetermined bidders’ qualifications to receive a contract award. Contract awards, if made, shall be based on evaluation of the bid in accordance with the criteria set forth in this IFB. Successful bidders will be notified in writing.

7. Post Award Procedures

1. Debriefing Bidders who responded to this IFB will be given written notice as to whether their bid was successful or unsuccessful. Upon being notified of their unsuccessful bid, bidders may request a debriefing in writing within 15 calendar days of such notice. The 15-day period starts once unsuccessful bidders are notified. Upon a bidder’s request for a debriefing:

a. The University will schedule the debriefing within a reasonable time of such request.

b. The debriefing will be conducted in person with the bidder, unless the University and the bidder mutually agree to use another method such as by telephone, video conference, or another type of electronic communication.

c. Bidders’ written request must state whether the bidder will be attending with counsel, to allow the University to arrange for

University counsel attendance if so determined.

d. The debriefings will cover, but not limited to the following:

(i) The reason why the bid was unsuccessful.

(ii) The quantitative and qualitative analysis that was used by the campus to assess the relative merits of the bid, proposal or offer.

(iii) How the selection criteria was applied to the unsuccessful bid.

(iv) If the request for debriefing is made prior to contract award, the debriefing shall be limited to review of that bidder’s bid.

(v) If the debriefing is held after the final award (which means OSC approval, if applicable) it, may cover the reason for the selection of the winning proposal.

(vi) To the extent practicable, general advice and guidance on the ways the bidder can improve future proposal submission or be more responsive.

2. Contract Award Protest Procedures

Bidders wishing to protest a contract award may do so in accordance with the University’s procedures, available at:

http://www.suny.edu/sunypp/documents.cfm?doc_id=699.

Section 7: GENERAL CONTRACT TERMS & CONDITIONS

1. Free and Open Competition SUNY Oneonta encourages free and open competition. Whenever possible, terms, specifications, and conditions are designed to accomplish this objective, consistent with the necessity to satisfy SUNY Oneonta’s needs.

2. Notification of Errors, Inquiries and Interpretation Bidder is responsible to bring to SUNY Oneonta’s attention any deviations in the technical specifications and to make recommendations for any additional requirements deemed necessary as standard, or for work indicated in the specifications contained in this IFB. If SUNY Oneonta in its discretion finds the deviations to be significant so as to require a change in the necessary specifications for the work, SUNY Oneonta will notify all bidders in writing of the change in specifications. No deviations from the technical specifications provided herein shall be made without written approval of the University.

http://www.suny.edu/sunypp/documents.cfm?doc_id=699.

3. No Claims or Rights

By submitting a proposal, bidder agrees that it will not make any claims 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.

4. Conflict of Interest Bidder may be requested to provide evidence that the award of a contract will not result in (i) a conflict of interest with regard to other work performed by bidder; or (ii) a potential conflict of interest among bidder’s staff.

5. Acceptance of IFB Content The terms and conditions included in this IFB as well as the applicable portions of bidder’s proposal shall become contractual obligations if a contract is awarded. BIDDER’S FAILURE TO ACCEPT THESE TERMS AND CONDITIONS AND OBLIGATIONS SHALL

RESULT IN REJECTION OF BIDDER’S PROPOSAL.

6. Services Outside Scope of the Contract Awarded SUNY Oneonta shall not be responsible for any services provided by the successful bidder that are outside the scope of the contract awarded. SUNY Oneonta shall not be responsible for any additional costs other than the costs for the services outlined herein, or for any work performed that has not been properly authorized in writing by SUNY Oneonta.

7. Standard Contract Clauses Any contract awarded resulting from this IFB shall include Exhibit A (State University of New York Standard Contract Clauses) and, for contracts in excess of $25,000, Exhibit A-1 (State University of New York Affirmative Action Clauses). The provisions of Exhibit A and Exhibit A-1 shall take precedence over any provision in this IFB or any provisions in the contract awarded. Exhibits A and A-1 are attached to this IFB.

8. Binding Effect The contract awarded shall be binding upon its execution by both parties and, if required by New York State law, upon the written approvals of the Attorney General and the Office of the State Comptroller.

9. Confidentiality/Freedom of Information Law All proposals submitted for SUNY Oneonta’s consideration will be held in confidence and will become the property of SUNY Oneonta. However, the resulting contract is subject to the New York State Freedom of Information Law (FOIL), contained in Article 6 of the New York State Public Officer’s Law. Therefore, if a bidder believes that any information in its proposal constitutes a trade secret, should be treated as confidential and should not be disclosed upon a request pursuant to FOIL, bidder shall submit with its proposal a separate letter addressed to: Dia Carleton, Chief Human Resources Officer, SUNY Oneonta Human Resources, 108 Ravine Parkway, Oneonta, NY, 13820 specifically (i) identifying the page number(s), line(s) or other appropriate designation(s) containing such information; (ii) explaining in detail why such information is a trade secret or confidential; and

(iii) formally request that such information be held as confidential. Bidder’s failure to submit such a letter with its proposal will constitute a waiver by the bidder of any rights it may have under Section 89(5) of the Public Officers' Law relating to protection of trade secrets. The proprietary nature of the information designated confidential by the bidder may be subject to disclosure if ordered by a court of competent jurisdiction. A request that an entire proposal be kept confidential is not advisable, because a proposal cannot reasonably consist exclusively of proprietary information.

10. Data Privacy and Security

A. Data Privacy

(i) Contractor will use any information it creates, receives, maintains or transmits on behalf of SUNY Oneonta (“SUNY

Oneonta Data”) only for the purpose of fulfilling its duties under this contract and will not share such data with or disclose it to any third party without the prior written consent of the SUNY Oneonta, except as required by the contract or as otherwise required by law.

(ii) SUNY Oneonta Data will not be stored outside the United States without prior written consent from the University.

(iii) Contractor will provide access to SUNY Oneonta Data only to its employees and subcontractors who need to access the data to fulfill its obligations under the contract.

(iv) Contractor will ensure that employees who perform work under the contract have read, understood, and received appropriate instruction as to how to comply with the data protection provisions of the contract.

(v) FERPA: If contractor will have access to the SUNY Oneonta’s Education Records as defined under the Family

Educational Rights and Privacy Act (FERPA), contractor acknowledges that for the purposes of the contract it will be designated as a “school official” with “legitimate educational interests” in the SUNY Oneonta Education

Records, as those terms have been defined under FERPA and its implementing regulations, and the contractor agrees to abide by the limitations and requirements imposed on school officials. Contractor will use the Education Records only for the purpose of fulfilling its duties under the contract for SUNY Oneonta’s and its end user’s benefit, and will not share such data with or disclose it to any third party except as provided for in the contract, required by law, or authorized in writing by the University.

(vi) Contractor, as well as any subcontractors the contractor employs to process data on behalf of SUNY Oneonta, shall comply with the European Union General Data Protection Regulation (“GDPR”) (EU) 2016/679.

(vii) If contractor will receive, maintain, process or otherwise will have access to confidential information on employees of the State University of New York at Oneonta. Pursuant to the Gramm-Leach-Bliley Act (P.L. 106-

102) and the Federal Trade Commission’s Safeguards Rule (16 CFR Part 314), and to the extent the contractor is a covered entity or applicable service provider under these regulations with respect to student or customer data, the contractor will implement and maintain a written Information Security Program (“Program”) in order to protect such confidential customer information. Customer information is defined as “any record containing nonpublic personal information as defined in 16 CFR §313(n)” (the FTC’s Privacy Rule) “about a customer of a financial institution, whether in paper, electronic, or other form” (16 CFR §314.2). Examples of nonpublic personal customer information include, but are not limited to, name, address, phone number, social security number, bank and credit card account numbers and student identification numbers.

B. Data Security

(i) Contractor agrees at all times to maintain network security which at a minimum, includes: network firewall provisioning, intrusion detection, and regular (three or more annually) third party vulnerability assessments, and provide a copy of the annual Attestation of Compliance (AOC) document, if requested. Further, contractor agrees to maintain network security that conforms to generally recognized “Industry Standards “and best practices that contractor applies to its own network. Generally recognized industry standards include but are not limited to the current standards and benchmarks set forth and maintained by the Center for Internet Security (see http://www.cisecurity.org) or Payment Card Industry/Data Security Standards (PCI/DSS) see http://www.pcisecuritystandards.org. Contractor will maintain a data security plan (“Data Security Plan”), which will comply with Payment Card Industry Data Security Standards (“PCI DSS”) requirements (as discussed in more detail below) and all applicable legal and regulatory requirements for data protection. In addition, the Data Security Plan will protect against any anticipated threats or hazards to the security or integrity of information stored on its servers and unauthorized access to or use of such information that could result in harm or inconvenience to the person who is the subject of such information. Contractor will review, at least annually, its Data Security Plan and update and revise it as needed. A copy of contractors’ Data Security Plan will be made available to SUNY Oneonta upon request.

(ii) Contractor shall maintain mandatory procedures and protocols outlined in its “Information Security Incident Response Policy” to be undertaken in the event of an identified or suspected breach of credit card information or current or former student information that is not Directory Information. A copy of contractor’s Information Security Incident Response Policy will be made available to SUNY upon request. In the event a breach is suspected, contractor will: (i) immediately contain the possible exposure while not compromising any data on its system; (ii) contact all members of its Corporate Security Committee; (iii) initiate a local analysis within 24 hours of the suspected breach to determine the type of information that has been potentially compromised, the individuals and SUNY institutions at risk, the incident timeframe at risk and the suspected cause of the incident;

and (iv) if a breach is identified, immediately contact affected parties with details of the breach.

C. New York Information Breach and Notification Requirements Contractor hereby acknowledges and agrees to use commercially reasonable efforts to maintain the security of private information (as defined in the New York State Information Security Breach and Notification Act, as amended “ISBNA”(General Business Law § 889-aa; State Technology Law § 208) that it creates, receives, maintains or transmits on behalf of SUNY and to prevent unauthorized use and/or disclosure of that private information; and implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of electronic private information that it creates, receives, maintains or transmits on behalf of SUNY Oneonta (“SUNY Oneonta Data”). Contractor hereby acknowledges and agrees to fully disclose to SUNY pursuant to the ISBNA, and any other applicable law any breach of the security of a system where contractor creates, receives, maintains or transmits private information on behalf of SUNY following discovery or notification of the breach in the system as to any resident of New York State whose private information was, or is reasonably believed to have been acquired by a person without valid authorization (“Security Incidents”). The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the system.

http://www.cisecurity.org/ http://www.pcisecuritystandards.org/

Contractor shall be liable for the costs associated with such breach if caused by contractor’ negligent or willful acts or omissions, or the negligent or willful acts or omissions of contractor’s agents, officers, employees or subcontractors. In the event of a Security Incident involving SUNY Data pursuant to the ISBNA, SUNY Oneonta has an obligation to notify every individual whose private information has been or may have been compromised. In such an instance, the contractor agrees that SUNY will determine the manner in which such notification will be provided to the individuals involved pursuant to the ISBNA and agrees to indemnify SUNY against any cost of providing any such legally required notice. Upon termination or expiration of the contract, the contractor will follow SUNY Oneonta’s instructions relating to any SUNY Oneonta Data remaining in contractor’s possession. Upon authorization from SUNY Oneonta, the contractor will use data and document disposal practices that are reasonable and appropriate to prevent unauthorized access to or use of SUNY Oneonta Data and will render the information so that it cannot be read or reconstructed.

D. Service Levels (Applicable to Cloud Based, Remotely Hosted or Technology as A Service Contracts) SUNY Oneonta understands that the Services will not be uninterrupted or error free. Contractor will use commercially reasonably efforts to ensure availability of the Services in accordance with the provisions of the Service Level Agreement (when applicable).

E. Disaster Recovery Contractor shall maintain disaster recovery services at the dedicated facility that is able to handle SUNY Oneonta data center and business continuity needs under the contractor in the event disaster recovery is needed. Throughout the term of the contract, Contractor shall maintain contracts or arrangements that are substantially equivalent or an improvement to those currently in effect. Contractor shall test disaster recovery capabilities, at least once every calendar year and provide SUNY Oneonta with a copy of its disaster recovery plan upon request.

F. Data Portability Contractor agrees to do whatever is reasonable and necessary to facilitate the orderly and professional transfer of the Services and…