OCA-DFM-289 2024 Summer Judicial Seminar.pdf

STATE OF NEW YORK

JUDICIARY

CREQUEST FOR BIDC

(This is not an order)

BID MUST BE MADE ON THIS SHEET

OR AS OTHERWISE SPECIFIED

Bid Number:

RFB# OCA/DFM-289

Commodity Group:

Opening Date: 03/22/2024

Time: 2:00p.m.

Issue Date: 03/01/2024

Commodity Name:

2024 Summer Judicial Seminars

OFFICE OF GENERAL SERVICES AGENERAL SPECIFICATIONS@ (APRIL 2016) ARE FULLY INCORPORATED HEREIN.

Agency=s Specification of item(s) Required (include quantities)

UCS ATTACHMENT I , III, and IV ATTACHED &

INCORPORATED HEREIN.

Bidder=s Quotation and Specific Description of Item Offered

ALL BID RESPONSES MUST BE ENTERED ON THE

ENCLOSED BID RESPONSE FORM UNLESS SPECIFIED

OTHERWISE HEREIN.

NOTICE TO BIDDERS

Pursuant to the Rules and Regulations of the Chief Administrator for the Courts, sealed bids for furnishing the item(s) in this Request for Bid will be received at the above address. When submitting a bid, you must:

1. Complete this form in its entirety using ink or typewriter and return with all other documents.

2. Explain any deviations or qualifications if your bid deviates from the specifications. If necessary, attach a separate sheet setting forth such explanations.

3. Sign the bid. The bid must be completed in the name of the bidder (corporate or other) and must be fully and properly executed by an authorized person.

4. INDICATE THE BID NUMBER, THE BID OPENING DATE AND

TIME ON THE ENVELOPE CONTAINING THE SEALED BID.

5. Mail the bid to the above agency address in sufficient time for it to be received before the specified bid opening. LATE BIDS WILL

BE REJECTED.

BIDDER HEREBY CERTIFIES THAT THE ABOVE QUOTED (OR OTHERWISE NOTED) PRICES ARE APPLICABLE TO ALL CUSTOMERS

FOR COMPARABLE QUANTITIES, QUALITY, STYLES OR SERVICES.

BIDS MUST BE SIGNED

Bidder=s Firm Name: Employer=s Federal Identification Number:

NYS Vendor ID Number:

Address Street

City

State

Zip

Bidder=s Signature Official Title

Printed or Typed Copy of Signature Area Code/ Telephone Number

E-mail:

UCS RFB.001.Cover.(Rev.7.19)

NYS OFFICE OF COURT ADMINISTRATION

DIVISION OF FINANCIAL MANAGEMENT

4 ESP, Suite 2001 – 19th Floor

Albany, NY 12223-1450

Direct Inquiries to: Kyle Van Zutphen

E-mail: DFM-Fiscal@nycourts.gov

Price to include delivery to (describe exact location and method of delivery) All prices to be net and inclusive of all services specified herein unless otherwise specified.

mailto:DFM-Fiscal@nycourts.gov

RFB# OCA/DFM-289 BID OPENING DATE: March 22, 2024

2024 Summer Judicial Seminars BID OPENING TIME: 2:00 PM EST

UCS RFB.001 (Rev.7.19)

TABLE OF CONTENTS

DOCUMENT ENCLOSURE CHECKLIST (2 pages)

I. OVERVIEW

II. MINIMUM QUALIFICATIONS

III. AWARD

IV. PRICING

V. SCOPE OF WORK/SERVICES

VI. BID RESPONSE DOCUMENTS

VII. BID SUBMISSION PROCEDURES…………………………………………………………………………………14

VIII. GENERAL BID REQUIREMENTS

IX. CONTRACT TERMS AND REQUIREMENTS

X. EXHIBIT A: PRICING SHEET – Separate Document

UCS RFB.001 (Rev.7.19) 1

DOCUMENT ENCLOSURE CHECKLIST (2 pages)

____________ Pricing Sheet: Exhibit A: Pricing Sheet must be fully executed and included in bidder=s proposal. Failure to do so may disqualify bidder=s response.

The following forms must be fully executed and included in bidder=s proposal. Failure to do so may disqualify bidder=s response:

____________ UCS Request for Bid/Proposal Form (rfb1.frm) and complete bid response with original signature

____________ Attachment I - Standard Request for Bid Clauses & Forms

Qp.3 - Non-Collusive Bidding Certificate

Qp.4 – Acknowledgment of Individual or Corporation

Attachment II - Not Applicable

___________ Attachment III - Vendor Responsibility Questionnaire

Questionnaire filed online via OSC VendRep System and certified within 6 months of the bid opening due date, or

Paper questionnaire

____________ Attachment IV - Procurement Lobbying forms

Disclosure of Prior Non-Responsibility Determination (UCS 420)

Affirmation of Understanding and Agreement (UCS 421)

____________Certificates of NYS Worker’s Compensation and NYS Disability Benefits

Insurance, or Certificate of Attestation of Exemption. Please see paragraph “Insurance Requirements” for a list of accepted forms.

____________ Copies of bidder’s certificate(s) of insurance or other adequate proof evidencing the insurance coverages required by the bid specifications.

____________ Three (3) complete photocopies of original bid response

____________ Signed Document Enclosure Checklist

____________ Proprietary information in separate folder from bid response, if applicable

In addition, bidder shall provide (See: Item VI., A., below):

____________ 1. Narrative Description – Organizational Experience/Capacity

____________ 2. Listing of References

____________ 3. Bidder’s Contact Information

____________ 4. Food and Beverage Descriptions

____________ 5. “Breakout Room” Space Subdivision Description (only if applicable)

UCS RFB.001 (Rev.7.19) 2

IMPORTANT:

1. All documents requiring an original signature must bear the BLUE INK signature of the same authorized individual. Signatory notarization must be that of the person whose signature is affixed to all required documents.

2. Exhibit A: Pricing Sheet and the other forms listed above must all have the SAME

COMPANY NAME AND TAX ID NUMBER in order for a purchase order or contract to be approved by the NYS Comptroller.

3. Do not alter this solicitation in any manner. Any changes, deletions, or additions

(including the addition of supplemental terms and conditions) to this RFB or to any exhibits or appendices to this RFB, including Exhibit A: Pricing Sheet, may result in the rejection of the bid as non-responsive.

4. Please note that the terms and conditions of this RFB will form the basis of the contract with the Awarded Contractor (defined below).

5. Bidder Contact Information

Bidder’s Primary Contact for Bid Matters:

Name:

Street:

City

State

Zip

Telephone Number:

Email:

6. Verification:

Authorized representative of Bidder must complete and sign below to verify submission of all documents required per the Document Enclosure Checklist:

COMPANY NAME:

AUTHORIZED OFFICER’S NAME AND TITLE:

SIGNATURE: __________________________________________ DATE: _________________

UCS RFB.001 (Rev.7.19) 3

I. OVERVIEW

Purpose and Scope

The New York State Unified Court System “(UCS”), Office of Court Administration ("OCA") is soliciting sealed bids for hotel accommodations and conference services for approximately 525 attendees at each of the two seminars to be held in New York State on the dates below.

Bidder must bid on both seminars.

Seminar Dates

Seminar #1: Sunday, June 23 – Thursday, June 27, 2024 (5 nights)

Seminar #2: Monday, July 8 – Thursday, July 11, 2024 (4 nights)

** See ARTICLE V BELOW, SCOPE OF WORK for detailed specifications. **

Key Bid Dates*

EVENT DATE

Bid Issue Date Friday, 03/01/2024

Bid Question Due Date Thursday, 03/07/2024 at 2:00 p.m.

Bid Submission Deadline Date Friday, 03/22/2024 at 2:00 p.m.

Estimated Issuance of Purchase Order Friday, 05/31/2024

*OCA reserves the right to modify any Key Bid Date as it may deem appropriate.

II. MINIMUM QUALIFICATIONS

Location

Due to the concentration of UCS staff operating out of the UCS Judicial Institute, the hotel must be located in Westchester County.

Quality of Hotel

The location, design, furnishings, features, organization of space, cleanliness and professionalism of staff of the bidder’s hotel must be of the quality appropriate for professionals at the top corporate executive level. Hotel and conference facilities must be accessible to people with disabilities.

UCS RFB.001 (Rev.7.19) 4

Pre-Award Site Visit

The UCS/OCA reserves the right to conduct a site visit as part of its bid response evaluation to verify that bidder=s hotel, including an Overflow Hotel as defined herein, meet all the requirements stated in the general and detailed specifications.

Post-Award Site Visit(s)

The UCS/OCA reserves the right to conduct one or more site visits to the Awarded Contractor’s hotel (and any Overflow Hotel) between the issuance of the approved purchase order(s) and the beginning of the program to ensure that the quality of services and the physical condition of the hotel/facility shall be the same or better at the time of performance as at the date of award.

Right of Cancellation

The UCS/OCA reserves the right to, at any time, terminate an awarded purchase order and cancel the booking and use of the Hotel, in whole or in part, without the imposition of cancellation fees or any other liability, if the Hotel is not in material compliance with the requirements and specifications set forth herein. This includes UCS/OCA’s right not to hold the program at the Awarded Contractor=s hotel if UCS/OCA determines that the quality of the hotel has deteriorated between the award of the purchase order and the beginning of the seminars.

Right of Room Reduction

UCS/OCA shall have the right to reduce the total number of room nights awarded to any bidder for any reasons or no reason by up to 20% without penalty.

III. AWARD

Term of Award

One or more purchase orders will be made to the successful bidder (“Awarded Contractor”) for the dates below. The purchase order(s) is/are subject to the approval of the NYS Comptroller.

Seminar #1: Sunday, June 23 – Thursday, June 27, 2024

Seminar #2: Monday, July 8 – Thursday, July 11, 2024

Method of Award

One or more purchase orders will be awarded to the lowest dollar cost, responsible bidder determined to be in compliance with this RFB and specifications. Lowest dollar cost is defined as the lowest Grand Total Cost of all estimated services to be performed for the seminars, as indicated by bidders in the Exhibit A: Pricing Sheet. The term “contract” as used in this RFB

UCS RFB.001 (Rev.7.19) 5 shall mean this solicitation, the awarded bidder’s proposal, as accepted by UCS, and any resulting purchase order(s) or other writing as approved by OSC.

IV. PRICING

Pricing

All pricing submitted pursuant to the solicitation shall be net f.o.b. destination unless otherwise expressly specified herein. Pricing must include service and administrative charges. UCS is NYS tax exempt.

Other than pricing submitted on Exhibit A: Pricing Sheet, there shall be no other charge, cost, reimbursement, or expense of any kind payable by UCS in connection with or arising from

Awarded Contractor’s performance of the services set forth herein. Awarded Contractor shall be solely responsible for all costs and expenses incurred in connection with the performance of such services.

Pricing shall be submitted only on, and in the format prescribed by, Exhibit A: Pricing Sheet.

Bidder must quote pricing on a cost per unit basis and compute all price extensions listed in

Exhibit A: Pricing Sheet. In the event of a bidder’s miscalculation, the unit price will prevail.

UCS reserves the right to make mathematical corrections based on unit price(s.) If there is no charge for any specified items, bidder should indicate ‘no charge’ or N/C. Pricing in the awarded contract for amounts in increments not equal to pricing units indicated in the Pricing

Sheet will be prorated accordingly. The rates that bidder provides on the Exhibit A: Pricing Sheet must include all charges associated with the applicable service, including but not limited to service and administrative charges. No additional charges will be permitted.

Payment

The Awarded Contractor must provide a master bill for all charges to DFM-

Fiscal@nycourts.gov. Payment will be made by direct bill with payment due thirty (30) business days, not including legal holidays, from receipt of approved invoice. No payment or deposit of any kind will be made in advance of the event. UCS will not consider any bid responses that require advance payment or a deposit. In the event of late payment by UCS, Awarded

Contractor shall be entitled to interest as specified in Article XI-A of the State Finance Law.

V. SCOPE OF WORK

Statement of Work

Awarded Contractor shall provide hotel accommodations and conference services as set forth below and in the summary overview charts in Exhibit B: Scope of Services.

UCS RFB.001 (Rev.7.19) 6

LODGING REQUIREMENTS

1. Guest Rooms

Awarded Contractor shall hold the guest room block exclusively for the UCS up to any agreed-upon reservation cut-off date that is not earlier than three weeks in advance of each seminar start date. Guest room rates shall be quoted as one nightly rate per room (same rate for single or double occupancy), inclusive of any service and administrative charges. Internet access must be available in all guest rooms at no additional charge.

2. Overflow

If the bidder cannot accommodate 100% of the estimated number of guest rooms specified in this

RFB, or if the actual number of overnight guests exceeds the estimated number of guest rooms specified in this RFB and bidder cannot provide lodging for the additional overnight guests, bidder shall designate one or more hotels, which must be located within reasonably close proximity to the awarded hotel, as determined by UCS in its sole discretion, for UCS approval as an overflow hotel (Overflow Hotel). Overflow Hotel shall be used for overnight accommodations and parking only and must be offered on the same terms and conditions, (except for the addition of transportation as described below) including price, as listed in the RFB’s Exhibit A: Pricing

Sheet. The Awarded Contractor will be responsible for making all arrangements with the

Overflow Hotel. The Overflow Hotel shall be a subcontractor of the Awarded Contractor and shall be subject to all terms and conditions set forth in the Section VIII, “Subcontracting.”

Complimentary twice-daily (a.m. and p.m.) transportation must also be provided to and from the awarded hotel for UCS guests staying at the Overflow Hotel.

While Bidders may propose use of more than one Overflow Hotel, the use of such Overflow

Hotels should be minimized. If an Overflow Hotel has not been designated and approved by

UCS, the Awarded Contractor must lodge all guests with confirmed reservations at the awarded hotel. If an Overflow Hotel has been designated and approved by UCS, all guests with confirmed reservations must be lodged at either the awarded hotel or the Overflow Hotel. The awarded hotel and the Overflow Hotel are prohibited from lodging any guest with a confirmed reservation at any other hotel.

DINING REQUIREMENTS

1. FOOD & BEVERAGE SERVICE

Awarded Contractor shall provide a banquet order to confirm arrangements two weeks in advance of the seminars.

a. Breakfast

A full, hot breakfast shall be provided, as well as hot and cold beverages including coffee, tea and brewed decaf coffee and assorted juices.

UCS RFB.001 (Rev.7.19) 7

b. Morning Coffee Break

An assortment of breakfast breads, pastries, and sliced fruit shall be provided including coffee, tea, brewed decaf coffee, assorted sodas, water, and juices.

c. Lunch

Hot and cold buffet (or plated meal), vegetarian and Kosher meal options shall be provided as well as hot and cold beverages including coffee, tea and brewed decaf coffee, assorted sodas, water, juices, and an assortment of desserts.

d. Afternoon Coffee Break

An assortment of cookies and fruit shall be provided as well as hot and cold beverages including coffee, tea, brewed decaf coffee, assorted sodas, water, and juices.

e. Dinner

Hot, plated “standard”, vegetarian and Kosher meal options shall be provided as well as non-alcoholic beverage service including coffee, tea, brewed decaf coffee, assorted sodas, water, juices, and an assortment of desserts.

Food & Beverage Service – Seminar 1 (6/23/24 – 6/27/24):

Day 1

No Food & Beverage Service Required

Day 2

a. Breakfast: One hundred (100)

b. Morning Coffee Break: Ninety (90)

c. Lunch: One hundred and ten (110)

d. Afternoon Coffee Break: Ninety (90)

e. Dinner: Ninety (90)

Day 3 & Day 4

a. Breakfast: Four hundred and seventy-five (475)

b. Morning Coffee Break: Four hundred and fifty (450)

c. Lunch: Five hundred and twenty-fifty (525)

d. Afternoon Coffee Break: Four hundred and fifty (450)

e. Dinner: Three hundred and fifty (350)

Day 5

b. Morning Coffee Break: Four hundred and fifty (450)

c. Lunch: Five hundred and twenty-five (525)

e. Dinner: Not required

UCS RFB.001 (Rev.7.19) 8

Food & Beverage Service – Seminar 2 (7/8/24 – 7/11/24):

Day 1

No Food & Beverage Service Required

Day 2 & Day 3

b. Morning Coffee Break: Four hundred and fifty (450)

c. Lunch: Five hundred and twenty-fifty (525)

e. Dinner: Three hundred and fifty (350)

Day 4

b. Morning Coffee Break: Four hundred and fifty (450)

c. Lunch: Five hundred and twenty-five (525)

e. Dinner: Not required

2. DINING SPACE

One space designated for dining only shall be provided with sufficient room to comfortably hold the required number of people as described above, seated at round dining tables for breakfast, lunch and dinner. If the space provided is not private, walls and folding dividers shall be provided for sound suppression.

Morning and afternoon coffee breaks shall be held in the public space/registration area.

CONFERENCE SERVICES REQUIREMENTS

1. MEETING SPACE

Bidder must offer a daily rate for each day of each seminar for the required meeting space.

Seminar Meeting Space Availability

Unless specified otherwise below, all required meeting spaces must be available for the full day during each day of each seminar, with exclusive access to the UCS judges, personnel, and invited guests.

a. Registration Space

A public space in reasonably close proximity to the meeting space described below shall be provided as a registration area, with six (6) six-foot (6 ft.) tables and ten (10) chairs, with electrical outlets for computers and phones and WIFI. The registration area shall be available to

UCS RFB.001 (Rev.7.19) 9

UCS staff from Noon – 6:00 p.m. on day one and 7:30 a.m. – 6:00 p.m. on days two, three and four of each seminar.

b. Large Meeting Room, 500 seat capacity

One (1) large space shall be provided with sufficient room to comfortably hold five hundred

(500) people seated at 3-4 foot round dining tables or 3-4 foot rectangular pods or classroom style for a plenary session. A dais set up for a panel of six (6) to ten (10) presenters, and separate, designated tables for display of seminar materials. An auditorium with sufficient seating is also acceptable for this space. This room is needed on days 2 – 4 for each seminar.

c. “Breakout” Rooms

The following “breakout” rooms (smaller meeting spaces) shall be provided with sufficient room to comfortably hold the number of people described below seated at 3-4 foot round dining tables or 3-4 foot rectangular pods or classroom style. These rooms are needed on days 2 – 4 for each seminar.

It is acceptable for bidders to offer the subdivision of any space to create the “breakout” rooms described below. If subdivision is required bidder must provide a description of the subdivision of any space used to create required meeting spaces including, but not limited to, how many breakout rooms will result from such subdivision as well as how many of the breakout rooms will be separate rooms. (see VI. Bid Response Documents, A., 5.). If any space provided is not private, walls and folding dividers shall be provided for sound suppression.

“Breakout” rooms (A), (B), (C) & (D) require audio-visual equipment & services packages described below (3. AUDIO-VISUAL EQUIMENT & SERVICES).

“Breakout” Rooms Capacity Requirements:

a. Two (2) rooms for up to two hundred (200) people each.

b. Two (2) rooms for up to one hundred twenty-five (125) people each.

c. Four (4) rooms for up to seventy-five (75) people each.

d. Three (3) rooms with wiring for computer/networking utilization for up to thirty

(30) people each.

e. Executive Conference Room - One (1) executive conference room shall be provided to accommodate tables and seating for fifteen to twenty (15-20) people. This office must have WIFI and electrical outlets.

f. Private Consultation Rooms - Three (3) private meeting rooms shall be provided to accommodate tables and seating for up to twenty (20) people each. These offices must have WIFI and electrical outlets.

UCS RFB.001 (Rev.7.19) 10

2. SECURE/LOCKABLE STORAGE and OFFICE SPACE/PHOTOCOPYING

Bidder must offer a daily rate for each day of each seminar for all storage, office space and photocopying/printing services required in this section.

a. Storage Space

A lockable and secure storage space of approximately one hundred (100) square feet shall be exclusively provided for storing and sorting seminar materials and equipment.

b. Office Space

A lockable and secure office space of approximately two hundred and eighty (280) square feet shall be provided to accommodate tables and seating for twenty (20) people. This office must have WIFI and electrical outlets for six (6) computers and printers.

c. Security Office

A lockable and secure office space of approximately two hundred and ten (200) square feet shall be provided to accommodate ten (10) people. This office must have WIFI and electrical outlets for charging security and medical equipment.

3. AUDIO-VISUAL EQUIPMENT & SERVICES

Bidder must offer a daily rate for each day of each seminar for all audio-visual equipment & services required in this section.

Each seminar will require audio-visual equipment & services (see below and Exhibit B: Scope of

Services). The requirements vary by day and meeting space. The following audio-visual equipment & services shall be provided for each meeting space below.

a. Large Meeting Room (up to 500 people):

• One (1) podium with microphone,

• Two (2) projection packages,

• Two (2) standard wireless microphone systems,

• Five (5) handheld/tabletop microphones,

• Six (6) wireless lavalier microphones,

• Sound system, patches, mixers and a sufficient number of technicians to operate the equipment for the duration.

b. “Breakout” Rooms (designated a, b, c, and d) above:

• One (1) podium with microphone per room

• One (1) projection package per room

• One (1) standard wireless microphone system per room (with up to three (3) additional if needed)

UCS RFB.001 (Rev.7.19) 11

• Sound system, patches, mixers and a sufficient number of technicians to operate the equipment per room for the duration.

MISCELLANEOUS REQUIREMENTS

a. Hotel Access for UCS Security Personnel

Access shall be provided to UCS security personnel for the duration of each four (4) day seminar.

b. Parking

Parking shall be provided for all UCS guests with confirmed reservations for the duration of each seminar, as further specified below. Approximately thirty (30) additional parking spaces shall be provided for UCS attendees, faculty, security and staff for the 4 days of each seminar. Bidder must offer a per parking spot rate for the required parking spots for each day of each seminar as set forth below and in the summary overview charts in Exhibit B: Scope of Services.

SEMINAR #1

Day 1 - 100 total parking spaces:

a. Guests with confirmed reservations: 100

Day 2, Day 3, Day 4 & Day 5 - 450 total parking spaces:

a. Guests with confirmed reservations: 420

b. UCS attendees, faculty, security and staff: 30

SEMINAR #2

Day 1 - 100 total parking spaces:

a. Guests with confirmed reservations: 100

Day 2, Day 3, & Day 4 - 450 total parking spaces:

a. Guests with confirmed reservations: 420

b. UCS attendees, faculty, security and staff: 30

c. Complimentary Luggage Storage

Complimentary early check-in and/or late check-out luggage storage shall be provided for all

UCS guests for the duration of each four (4) day seminar.

UCS RFB.001 (Rev.7.19) 12

d. Internet service

Complimentary Internet/WIFI service shall be provided to the UCS throughout the hotel, including guest rooms, for the duration of each seminar. Guest lodging WIFI access will be different than conference/meeting room WIFI access.

e. Hotel Program Coordination

Awarded contractor shall designate one professional from the hotel=s convention services department to handle and oversee all aspects of the program. The UCS shall be provided radio contact with the convention services department professional or designee at all times during the program.

f. Pre-Event Meeting

A pre-event meeting will be held prior to the seminar (date TBD) and must include the heads of all appropriate hotel departments that would be involved in the program.

VI. BID RESPONSE DOCUMENTS

General Requirements

All documentation must be submitted on prescribed forms, without alteration. To facilitate photocopying, do not permanently bind documents.

Bidders must submit every document listed in sections A and B, below. Failure to provide all documents in the manner required – including the number of requested copies - may result in disqualification of a bid response. Any changes, deletions, or additions (including the addition of supplemental terms and conditions) to this RFB or to any exhibits or appendices to this

RFB, including Exhibit A: Pricing Sheet, may result in the rejection of the bid as non-responsive.

A. REQUIRED BID DOCUMENTS

1. Narrative Description - Organizational Experience/Capacity

Bidders must submit, with their bid response, a narrative which demonstrates their capacity and experience to meet the minimum qualifications listed in Article II, above (Minimum

Qualifications), including a description of its capability to produce and deliver similar quantities of materials or services required hereunder.

2. References

Each bidder must submit three (3) references, other than UCS, including the company/agency name, complete address, contact name, title, telephone number and email address, for whom the bidder has provided similar services at any time during the past three (3) years.

UCS RFB.001 (Rev.7.19) 13

3. Bidder Contact Information

Bidder shall designate, where specified in the Document Enclosure Checklist, a person as primary contact for all questions OCA may have regarding bidder’s bid response.

4. Food & Beverage Descriptions

Bidder must provide a description of the meals proposed to be provided where noted on the

Exhibit A: Pricing Sheet.

5. “Breakout Room” Space Subdivision (only if applicable)

Bidder must provide a description of the subdivision of any space used to create required meeting spaces including, but not limited to, how many breakout rooms will result from such subdivision as well as how many of the breakout rooms will be separate rooms.

B. NYS BID FORMS

1. Attachment I - Standard Request for Bid Clauses & Forms and Attachment IV-

Procurement Lobbying Law required forms

In addition to such other specifications and criteria as are presented herein, the NYS Unified

Court System Attachment I - Standard Request for Bid Clauses & Forms , and Attachment IV -

Disclosure of Prior Non-Responsibility Determination (UCS 420) and Affirmation of

Understanding and Agreement (UCS 421) pursuant to the Procurement Lobbying Act, which must be downloaded or printed from the UCS Contract & Procurement website under AAddenda@ for the appropriate solicitation, are incorporated and made a part of this solicitation.

2. Attachment III - Vendor Responsibility Questionnaire

The NYS Unified Court System (UCS) is required to conduct a review of a prospective vendor to provide reasonable assurances that the vendor is responsible. The required Vendor

Responsibility Questionnaire is designed to provide information to assist UCS in assessing a vendor=s responsibility prior to entering into a contract with the vendor. Vendor responsibility is determined by a review of each prospective Vendor=s legal authority to do business in New

York State, business integrity, financial and organizational resources, and performance history

(including references).

The UCS recommends that vendors file the required Vendor Responsibility Questionnaire online via the New York State VendRep System. However, vendors may choose to complete a paper questionnaire and submit it with their proposal.

Online Questionnaire: To enroll in and use the New York State VendRep System, see the

VendRep System Instructions available at http://www.osc.state.ny.us/vendrep/index.htm or go directly to the VendRep System online at https://portal.osc.state.ny.us/Enrollment/login. Vendors http://www.osc.state.ny.us/vendrep/index.htm https://portal.osc.state.ny.us/Enrollment/login

UCS RFB.001 (Rev.7.19) 14 must provide their New York State Vendor Identification Number when enrolling (see paragraph headed >New York State Vendor File Registration= for instructions on obtaining a Vendor

Identification Number.) For VendRep System assistance, contact the Office of the State

Comptroller=s Help Desk at 866-370-4672 or 518-408-4672 or by email at

ITServiceDesk@osc.state.ny.us.

Bidders who file the Vendor Responsibility Questionnaire online via the OSC VendRep System are requested to checkmark the appropriate box on the Document Enclosure Checklist. Please note that online submissions must be certified and dated/updated not more than six (6) months prior to the bid opening date of this RFB/RFP. Bidders= authorized signature of the RFB/RFP form will serve as confirmation that bidders have knowingly filed their questionnaire online if the paper questionnaire is not included with the bidder=s submission.

Paper Questionnaire: Vendors opting to complete and submit a paper questionnaire can obtain the appropriate questionnaire from the VendRep website www.osc.state.ny.us/vendrep/forms_vendor.htm or may contact the UCS or the Office of the

State Comptroller=s Help Desk for a copy of the paper form.

3. New York State Vendor File Registration

Prior to being awarded a contract pursuant to this solicitation, the bidder(s) must be registered in the New York State Vendor File (Vendor File) administered by the OSC. This is a central registry for all vendors who do business with New York State agencies and the registration must be initiated by a State agency. Following the initial registration, a unique New York State ten-digit vendor identification number (Vendor ID) will be assigned to vendors for usage on all future transactions with New York State. Additionally, the Vendor File enables vendors to use the Vendor Self-Service application to manage certain vendor information in one central location for all transactions related to the State of New York.

If the bidder is already registered in the Vendor File, the vendor must enter the vendor=s ten-digit Vendor ID on the first page of this bid document.

If the bidder is not currently registered in the Vendor File, upon award of a contract the

Bidder must complete the OSC Substitute W-9 Form

(http://www.osc.state.ny.us/vendors/forms/ac3237s_fe.pdf) and submit the form to UCS. The

UCS will initiate the vendor registration process for the Vendor. Once the process is initiated, Vendor will receive an e-mail identifying their unique ten-digit Vendor ID and instructions on how to enroll in the online Vendor Self-Service application. For more information on the Vendor

File please visit the following website: http://www.osc.state.ny.us/vendor_management/.

4. Electronic Payments

Vendors not currently receiving electronic payments, and who wish to do so, should enroll in ePayment – New York State’s electronic payment program for vendors. To do so, vendors need to log onto the Vendor Self-Service Portal and enter their bank account information. ePayments will ensure you are receiving payments faster and in a more secure manner. If you need mailto:ITServiceDesk@osc.state.ny.us http://www.osc.state.ny.us/vendrep/forms_vendor.htm http://www.osc.state.ny.us/vendors/forms/ac3237s_fe.pdf http://www.osc.state.ny.us/vendor_management/

UCS RFB.001 (Rev.7.19) 15 assistance in accessing the Vendor Self-Service Portal, please contact the SFS Helpdesk at helpdesk@sfs.ny.gov or 1-877-737-4185.

5. Proof of Insurance

Bidder must provide together with its bid response all documentation required pursuant to

Article IX, “Insurance Requirement.”

C. ADDITIONAL BID DOCUMENTS

1. Financial Stability

Upon request by UCS, bidder shall provide its audited financial statements prepared in accordance with GAAP-Generally Accepted Accounting Principles for the past three (3) consecutive years and a copy of its last three (3) annual reports.

VII. BID SUBMISSION PROCEDURES

Packaging, Identifying and Delivering of Bids/Proposals

Bids/Proposals must be clearly addressed and submitted in hard copy to:

Kyle Van Zutphen

NYS Unified Court System

Office of Court Administration

4 ESP - Suite 2001, 19th Floor

Albany, NY 12223-1450

All envelopes/cartons must also be labeled with the following information on two sides:

Deliver immediately to Kyle Van Zutphen

Sealed bid - Do not open

RFB# OCA/DFM-289 due Friday, March 22, 2024 at 2:00 p.m.

Failure to seal and mark the bid/proposal as prescribed may result in non-delivery and/or rejection of the bid/proposal. Please note that bids/proposals must be received by the above-named OCA-designated person by Friday, March 22, 2024 at 2:00 p.m. at the latest or bids will be declared late bids and they will be disqualified. It is recommended that bidders allow several extra days for shipping in order to meet the deadline.

Bidder Confidential/Proprietary Information

If applicable, bidders should specifically identify those portions of the proposal deemed to contain confidential or proprietary information or trade secrets, and must provide justification why such material, upon request, should not be disclosed to parties other than UCS. Bidders are

UCS RFB.001 (Rev.7.19) 16 advised that any material deemed confidential by bidder may still be subject to disclosure in connection with any governmental or judicial proceeding or inquiry or as may be required by applicable law, including but not limited to Article 6 of the New York Public Officers Law

(Freedom of Information Law). Such confidential/proprietary information must be in a separate folder from the non-confidential sections of the proposal.

No-Bids

Bidders are requested to send a no-bid letter to OCA, Attn: Kyle Van Zutphen, at the above address, should they decide not to answer this solicitation. The envelope shall be clearly marked in the lower left corner as follows: RFB# OCA/DFM-289. No-bid letters may be sent by email to DFM-Fiscal@nycourts.gov . Please indicate in "Subject" field: RFB# OCA/DFM-289 – No

Bid.

A pre-bid conference will not be held.

Bid Opening

Bid openings are open to the public and anyone may attend. The bid opening for this RFB will be virtual. Any bidder or member of the public who wishes to participate in the virtual bid opening must RSVP by email to Kyle Van Zutphen at DFM-Fiscal@nycourts.gov by Monday, March 18, 2024 at 12:00pm. A reply email containing a Microsoft Teams invitation link will be sent to participating bidders or members of the public prior to the bid opening date. The invitation will include a telephone call-in number to enable audio-only participation.

Questions

Any and all questions bidders may have in connection with this solicitation are to be directed by email only to:

DFM-Fiscal@nycourts.gov

Please indicate in "Subject" field: “RFB# OCA/DFM-289 - Question(s).”

The deadline to submit questions is Friday, March 8, 2024 at 2:00 p.m. A written response to all submitted questions in the form of a Questions & Answers (Q&A) sheet will be posted shortly after the deadline on the UCS website at www.nycourts.gov/admin/bids under RFB#

OCA/DFM-289.

IMPORTANT: All questions regarding this solicitation must be in writing by email and directed solely to the attention of the above designated person. Contact by any prospective bidder, or any representative thereof, with any other personnel of the UCS in connection with this RFB/RFP may violate the Procurement Lobbying Act of 2005 (see Attachment IV), will jeopardize the respective bidder's standing and may cause rejection of its proposal.

UCS RFB.001 (Rev.7.19) 17

VIII. GENERAL BID REQUIREMENTS

Online RFB/RFP Package: Disclaimer

Bidders accessing any UCS/OCA solicitations and related documents from the New York State

UCS website www.nycourts.gov/admin/bids under ACurrent Solicitations@ shall remain solely and wholly responsible for reviewing the respective solicitation & bid documents on the internet regularly, up to the scheduled date and time of the bid/proposal due date, to ensure their knowledge of any amendments, addenda, modifications or other information affecting the solicitation or bid documents in question.

Binding Nature of Bid/Proposal on Bidders

All bids/proposals shall remain binding on bidders until such time as UCS/OCA provides written notification of its intent to award the contract to a specific bidder or until the bidder requests a withdrawal of its bid/proposal in writing, and such withdrawal is accepted by UCS/OCA in its sole discretion in accordance with applicable law, whichever occurs first.

Estimated Quantities

Any quantities specified in this solicitation constitute estimates only, and accordingly no commitment or guarantee to reach any specified volume of business is made or implied.

Rejected and Unacceptable Bids/Proposals/Awards

UCS reserves the right to reject any and all proposals or bids submitted in response to this solicitation. In addition, UCS may reject any bids/proposals from any bidders who are in arrears to the State of New York upon any debt or performance of any contract; or who have previously defaulted on any contractual obligations, (as contracting party, surety or otherwise), or on any obligation to the State of New York; or who have been declared not responsible or disqualified by any agency of the State of New York, who have any proceeding pending against them relating to the responsibility or qualification of the bidders to receive public contracts, whose proposal is incomplete or otherwise non-responsive in any material respect, or who are found to be non-responsible based on any of the criteria specified in the section headed >Responsible Bidder=.

UCS also reserves the right to reject any bidder: (i) whose facilities and/or resources are, in the opinion of OCA, inadequate, too remote from the UCS locations to render services in a timely manner in accordance with all requirements of this solicitation; (ii) who does not provide references in accordance with the bid specifications, or whose references report significant failure to comply with specifications; or (iii) who are otherwise, in the opinion of OCA, unable to meet specifications.

UCS further reserves the right to set aside a bid award to a successful bidder if it is unsuccessful in negotiating a satisfactory agreement within a timeframe acceptable to the UCS, in which event http://www.nycourts.gov/admin/bids

UCS RFB.001 (Rev.7.19) 18

UCS may then invite the bidder that is the next lowest cost responsible and responsive bidder to enter into negotiations for purposes of executing a contract.

Responsible Bidder

A bidder shall be defined as Aresponsible@ in accordance with, but not limited to, references, past performance history, financial stability, the criteria set forth in paragraph 2 of the General

Specifications (Attachment III-Vendor Responsibility Questionnaire), and the criteria set forth in the paragraph headed ARejected and Unacceptable Bids/Proposals@ as well as any other criteria necessary and reasonable to establish the bidder=s responsibility.

Clarification/Correction of Bids/Proposals

In addition to any rights articulated elsewhere in this solicitation, UCS reserves the right to 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. This clarifying information, if required in writing by UCS, must be submitted by the bidder, in accordance with formats as prescribed by UCS at the time said information is requested and, if received by the due date set forth in UCS=s request for clarification, shall be included as a formal part of the bidder=s proposal. Clarifying information, if any, whether provided orally, visually or in writing will be considered in the evaluation process. Failure to provide required information by its associated due date may result in rejection of the bidder=s proposal. Nothing in the foregoing shall mean or imply that it is obligatory upon UCS to seek or allow clarifications or corrections as provided for herein.

Minor Bid Irregularities

Provided the same will not materially benefit or disadvantage any particular bidder or substantially alter the requirements of this bid, UCS may: (i) waive technicalities, (ii) waive minor irregularities, omissions or incompletions in the bid or a bid response, (iii) waive any bid requirements that are unmet by all bidders; (iv) consider any and/or all alternatives and/or enhancements suggested by the successful bidder; (v) make an award under the bid in whole or in part and negotiate contract terms and conditions with the successful bidder to meet UCS requirements consistent with such award.

Unified Court System Self-Insurance

UCS, a New York State governmental entity, is self-retained for risk of loss and liability.

Inspection of Bidder’s/Awarded Contractor’s Facilities

The UCS/OCA reserves the right to inspect bidder’s proposed facilities, as part of the bid evaluation. Subsequent to award, Awarded Contractor’s facilities shall be made available for periodic inspection. In all instances, advance notification will be communicated by appropriate court personnel.

UCS RFB.001 (Rev.7.19) 19

Access to Court Facilities

Where applicable to the performance of work under an awarded contract, bidders shall be wholly responsible for familiarity with the physical layout and access to the courts and buildings in question, including but not limited to, roadways, overhangs, parking, security, elevators, required access permits or insurance certificates. No special accommodations can or will be made by court staff with respect to security measures, access or parking.

Subcontracting

Subcontracting and any other transfer of any duties or obligations to be performed hereunder will be permitted only with the prior written consent of UCS to the proposed subcontractors. In the event that bidder proposes to use one or more subcontractors, the specific subcontractors and the services proposed to be performed by such subcontractors, must be listed in bidder’s proposal. If a bidder that proposes to use one or more subcontractors is awarded the contract, the award will constitute the prior written approval of UCS to the subcontractors named in the bidder’s proposal.

The Awarded Contractor will be the prime contractor and will be responsible for all services required by this RFB/RFP. The UCS will communicate only with Awarded Contractor and the

Awarded Contractor shall remain wholly liable for the performance by and payment to any such subcontractors, their employees, agents, consultants or representatives. Subcontractor(s) may be required to provide evidence of insurance, as applicable, prior to UCS approval.

Implied Requirements

Products and services that are not specifically requested in this solicitation, but which are necessary to provide the functional capabilities proposed by the bidder, shall be included in the offer except as specified herein.

Silence of the Specifications

The apparent silence of the specifications contained as part of this package as to any detail or to the apparent omission of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement.

IX. CONTRACT TERMS AND REQUIREMENTS

Contract Terms

The Awarded Contractor shall be required to comply with the provisions set forth in this Article, as well as such other provisions contained in an agreement, in form and content satisfactory to

UCS in its sole discretion.

UCS RFB.001 (Rev.7.19) 20

Compliance with Laws

Awarded Contractor(s) must comply with all applicable federal, state and local laws, rules and regulations, including but not limited to, fire, health and safety codes, prior to and during the provision of all services under the contract resulting from this RFB/RFP.

Independent Contractor Status

It is expressly understood and agreed that the Awarded Contractor’s status shall be that of an independent provider of services and that no officer, employee, servant or subcontractor of the

Awarded Contractor is an employee of the UCS, OCA or State of New York. The Awarded

Contractor shall be solely responsible for the work, assignment, compensation, benefits and personal conduct and standards of all such persons assigned to the provision of services. Nothing herein shall be construed to impose any liability or duty on the UCS, OCA or State of New York to persons, firms, consultants or corporations employed or engaged by the Awarded Contractor either directly or indirectly in any capacity whatsoever, nor shall the UCS, OCA or State of New

York be liable for any acts, omissions, liabilities, obligations or taxes of any nature including, but not limited to, unemployment and Workers’ Compensation insurance of the Awarded

Contractor or any of its employees or subcontractors.

Indemnity

Awarded Contractor shall indemnify, defend and hold harmless UCS, its officers and employees from and against any and all claims, causes of action, damages, costs, liabilities and expenses of any kind (including reasonable attorney=s fees and the cost of legal defense) which UCS may incur by reason of: (i) Awarded Contractor=s breach of any term, provision, covenant, representation or warranty contained in the contract awarded as a result of this bid; (ii) any act, omission, negligence or intentional misconduct of Awarded Contractor or its employees, subcontractors, agents, volunteers or of other persons under its direction and control; (iii)

Awarded Contractor=s performance or failure to perform under the contract; and (iv) enforcement by UCS of the awarded contract or any provisions thereof.

Confidentiality and Data Security

Awarded Contractor acknowledges that any and all information, records, files, documents or reports contained in any media format provided to the Awarded Contractor by the UCS/OCA, or which may be otherwise encountered by Awarded Contractor shall be considered extremely confidential and shall be handled accordingly at all times. Neither the Awarded Contractor nor any of its employees, servants, vendors, agents or volunteers shall at any time be permitted to utilize such confidential information for any purpose outside the scope of any resulting agreement under this RFB without the express prior written authorization of UCS. Any breach of this confidentiality by the Awarded Contractor or by any of its employees, servants, subcontractors, agents, or volunteers may result in the immediate termination of any resulting agreement under this RFB by UCS and may subject the Awarded Contractor to further penalties.

UCS RFB.001 (Rev.7.19) 21

Awarded Contractor shall use, and require its employees and authorized agents to use, at least the degree of care a reasonably prudent person would use to protect and prevent improper access to the records.

Awarded Contractor is prohibited from maintaining confidential files and records provided to or generated by Awarded Contractor in a mobile or portable device. In addition, Awarded

Contractor will be required to comply with the data security and confidentiality requirements of other government agencies that supply data to UCS.

Termination

A. EARLY TERMINATION FOR BUDGET MODIFICATION

1. Notwithstanding any other provision contained in this RFB, if the UCS Budget (“Budget”) is modified (a “Budget Modification”, defined in subsection 2 below) for any State fiscal year included in the term of the awarded contract under this RFB, in whole or in part (including any renewal or extension term), such that UCS determines, in its sole discretion, that it is necessary to reduce, eliminate or otherwise modify the budget allocation covering payment thereunder, UCS shall have the option to terminate the awarded contract upon not less than thirty (30) days’ notice to Awarded Contractor, without liability for costs, expenses or damages as a result thereof.

2. For purposes of this subsection A, Budget Modification shall mean and include, with respect to the Budget or any appropriation contained therein:

i. any reduction, elimination or restriction upon access thereto as provided by law; or

ii. any restriction placed on UCS spending authority, including any restriction imposed by

UCS upon itself in response to a request of the Executive or Legislative Branch of government.

iii.Termination hereunder shall be further governed by the termination provisions contained in the awarded contract, as applicable.

B. EARLY TERMINATION FOR CAUSE

Early termination of the contract for cause may result in, among other consequences, all remedies available to UCS and New York State, the Awarded Contractor both being declared non-responsible by the UCS/OCA, pursuant to the UCS and Office of the State Comptroller=s guidelines on vendor responsibility and in the Awarded Contractor=s removal from the

UCS/OCA=s bidders list for future solicitations.

Intellectual Property

If Awarded Contractor is required to produce specially commissioned materials pursuant to this

Agreement (the "Work"), whether in written form, on tape, computer-readable media or other tangible form, Awarded Contractor acknowledges and agrees that UCS shall have the option to:

(i) retain a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise

UCS RFB.001 (Rev.7.19) 22 use the Work or (ii) be the sole owner of the Work (the Work shall be considered a "work made for hire), each of the foregoing at no additional cost to UCS.

Insurance Requirement

Awarded Contractor shall be required to maintain the following insurance during the term of the contract awarded pursuant to this RFB, including any renewal terms, at their own cost and expense:

1. Workers= compensation and disability benefit insurance coverage as required under

NYS law.

Each vendor must provide with its proposal proof of such workers= compensation and disability benefits insurance coverage or, if it is legally exempt from such coverage, proof of exemption.

Vendor must obtain the appropriate Workers Compensation Board forms from its…