STATE OF NEW YORK

JUDICIARY

REQUEST FOR BID

(This is not an order)

BID MUST BE MADE ON THIS SHEET

OR AS OTHERWISE SPECIFIED

Bid Number: RFB# OCA-DGCP-089 Commodity Group: Judicial Institute

Commodity Name: Hotel Lodging and Transportation for UCS January 2027 Seminar

Issue Date: Friday, November 6, 2026 Due Date: Friday, December 4, 2026 Time: 2:00pm Eastern

NYS OFFICE OF COURT ADMINISTRATION

2500 Pond View, Suite 104 Castleton-on-Hudson, NY 12033

Direct Inquiries to: Abdul Ibrahim E-mail: AIbrahim@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.

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 MAY 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

Email

UCS RFB.001.Cover.(Rev.4.22)

RFB # OCA-DGCP-089 Hotel Lodging and Transportation for UCS January 2027 Seminar BID ISSUE DATE: November 6, 2026 BID DUE DATE: Friday, December 4, 2026 at 2:00PM Eastern

UCS RFB.002 (Rev. 7.20)

CONTENTS

BIDDER’S RESPONSE DOCUMENT ENCLOSURE CHECKLIST

BID CONTENTS

Article Subject

I. OVERVIEW

II. MINIMUM QUALIFICATIONS

III. AWARD

IV. PRICING

V. BID RESPONSE DOCUMENTS

VI. BID SUBMISSION PROCEDURES

VII. GENERAL BID REQUIREMENTS

VIII. CONTRACT TERMS AND REQUIREMENTS

Attachments

Attachment I: Standard Request for Bid Clauses & Forms Attachment III: Vendor Responsibility Questionnaire Attachment IV: Procurement Lobbying forms

Exhibits

Exhibit A: Pricing Sheet Exhibit B: Scope of Work Exhibit C: Summary Overview Chart

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UCS RFB.002 (Rev. 7.20) 2

BIDDER’S RESPONSE DOCUMENT ENCLOSURE CHECKLIST (2 pages) Failure to provide all items below may disqualify bidder’s response.

The following forms must be fully executed, completed, and included in Bidder’s proposal. Please supply the below documents in the order presented in this Document Enclosure Checklist.

Pricing Sheet: Exhibit A/Pricing Sheet

Cover page: UCS Request for Bid/Proposal Form (rfb1.frm)

Completed and Signed Document Enclosure Checklist

Attachment I - Standard Request for Bid Clauses & Forms:

p.3 - Non-Collusive Bidding Certificate p.4 – Acknowledgment of Individual or Corporation

Attachment II - Not Applicable

Attachment III - Vendor Responsibility Questionnaire (choose one):

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

Paper questionnaire (please attach to your bid response)

Attachment IV - Procurement Lobbying forms:

Disclosure of Prior Non-Responsibility Determination (UCS 420) Affirmation of Understanding and Agreement (UCS 421)

In addition, bidder shall provide:

One of the following: (i) copies of Bidder’s certificate(s) of insurance or other adequate proof evidencing the insurance coverages required by the bid specifications; or (ii) correspondence affirming that Bidder will supply such certificate(s) or proof upon notification of award and no later than five (5) business days prior to commencement of the contract resulting from this Request for Bids (RFB).

Please see paragraph “Insurance Requirements for Awarded Contractor” for a list of accepted forms and required insurance coverages.

One (1) original bid response

Proprietary information in separate folder from bid response, if applicable

Bidders’ contact information and verification of the submission of all documents required (Items 5 and 6, below)

Narrative Description – Organizational Experience/Capacity, Transportation and Parking Descriptions

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UCS RFB.002 (Rev. 7.20) 3

Narrative Description - Subcontracting (if applicable, for either shuttle transportation or Overflow Hotel)

IMPORTANT:

1. All documents requiring an original signature must bear the BLUE INK signature of the same authorized individual verified in #6 below. 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 (such term defined below).

5. Bidder Contact Information

Bidder’s Primary Contact for Bid Matters:

Name and Title:

Street:

City:

State:

Zip:

Telephone Number:

Email:

6. Bidder 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:

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UCS RFB.002 (Rev. 7.20) 4

I. OVERVIEW

Purpose and Scope

The New York State Unified Court System (“UCS”), Office of Court Administration ("OCA") is soliciting sealed bids for hotel lodging, parking, and shuttle transportation services for guests attending a January 2027 seminar (the “Seminar”) in White Plains, New York, as described herein.

The hotel lodging and parking is required for the nights of Sunday, January 3, 2027 through Thursday, January 7, 2027 (check-out Friday, January 8, 2027), and shuttle transportation services are required for Monday, January 4, 2027 through Friday, January 8, 2027.

** See EXHIBIT B, SCOPE OF WORK for detailed specifications. **

Key Bid Dates (Note: OCA reserves the right to modify any Key Bid Date as it may deem appropriate.)

EVENT DATE

Bid Issue Date Friday, November 6, 2026

Bid Question Due Date Friday, November 20, 2026 at 2:00PM Eastern

Bid Submission Deadline Date Friday, December 4, 2026 at 2:00PM Eastern

Estimated Contract Start Date January 3, 2027

Designated Contact

The designated contact for this Request for Bid (RFB) is:

Abdul Ibrahim aibrahim@nycourts.gov

IMPORTANT: All communication 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 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.

Questions

Any and all questions bidders may have in connection with this solicitation are to be directed by email only to the designated contact listed above.

Please indicate in "Subject" field: “RFB# OCA-DGCP-089 - Question(s).”

The deadline to submit questions is on Friday, November 20, 2026 at 2:00PM Eastern at 2:00PM Eastern. A written response to all submitted questions in the form of a Questions & Answers (“Q&A”) sheet will be posted on the UCS website at https://www.nycourts.gov/grants-contracts-procurement/current-solicitations under RFB# OCA-DGCP-089 shortly thereafter.

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Pre-Bid Conference

There is no pre-bid conference for this RFB.

II. MINIMUM QUALIFICATIONS

Location

The hotel must be no more than six (6) miles from the Seminar, which is located at the New York State Judicial Institute, 84 North Broadway, White Plains, New York 10603. Hotels located more than six (6) miles from the Seminar location will be deemed non-responsive.

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 shall be in full compliance with all applicable governmental laws and regulations during the specified dates, including but not limited to, all applicable fire, health and safety codes and regulations. Hotel shall be in full compliance with all public accommodation requirements of the Americans with Disabilities Act (“ADA”), as necessary to provide goods and services to disabled individuals.

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 meets all the requirements stated in the RFB specifications.

Post-Award Site Visit

The UCS/OCA reserves the right to conduct one or more site visits to the awarded contractor’s hotel between the award of the contract and the beginning of the stay at the hotel to ensure that the quality of services and the physical condition of the hotel/facility is 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 awarded contract and cancel the booking and use of the awarded contractor’s hotel, in whole or in part, without the imposition of cancellation fees or any other liability, if the awarded contractor’s hotel is not in material compliance with the requirements and specifications set forth herein, including, but not limited to, if UCS/OCA determines that the quality of the hotel has deteriorated between the award of the contract and the beginning of the stay at the hotel.

Right of Room Reduction

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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 twenty percent (20%) without penalty.

Please note: Third-party travel management companies are not permitted to submit bids and will be deemed non-responsive.

III. AWARD

Term of Award

A single estimated quantity term contract (“Contract”) will be awarded to the successful bidder (“Awarded Contractor”) for the period of January 3, 2027 through January 8, 2027. The Contract is subject to the approval of the NYS Attorney General and the NYS Comptroller.

Method of Award

One contract 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 as indicated in the Exhibit A/Pricing Sheet.

Tie Result

In the event that the lowest dollar cost, responsible bid is a tied result between two or more responsible bidders, UCS reserves the right to make the award based upon location, design, furnishings, features, organization of space, cleanliness and professionalism of staff.

Bid Protest Procedure

The bid protest procedures for this RFB may be found in Attachment I.

IV. PRICING

A. Bid Submission

The bidders’ price quotes shall indicate all costs associated with the overnight accommodations, hotel parking, and shuttle transportation to and from the Seminar location. Fees associated with no shows and late check-outs shall also be indicated where appropriate on Exhibit A/Pricing Sheet.

If any of the aforementioned fees are complimentary, it must be indicated with a zero dollar amount on the Pricing Sheet.

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

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

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UCS RFB.002 (Rev. 7.20) 7

Awarded Contractor’s performance of the goods and services set forth herein. Awarded Contractor shall be solely responsible for all costs and expenses incurred in connection with the performance of such services. It is understood that incidentals are to be paid by individual guests (not by UCS) and therefore do not need to be added to the Exhibit A/Pricing Sheet.

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 (ex: price per hotel room per night, price per parking space per day, price per individual being transported per day).

In the event of a miscalculation, the unit price will prevail. UCS reserves the right to make mathematical corrections based on unit price(s). Pricing in the awarded contract for amounts in increments not equal to pricing units indicated in the Pricing Sheet will be prorated accordingly.

Please note that UCS is a tax-exempt governmental entity.

B. Awarded Contractor’s Bid Submission Pricing

Awarded Contractor’s bid submission will establish contract pricing for the awarded contract.

C. Awarded Contractor’s Payment

The Awarded Contractor must provide a master bill (invoice) for all charges. The bill must itemize the charges for each of the dates for the duration of the contract. No payment or deposit of any kind will be made in advance of the hotel stay. UCS will not consider any bid responses that require advance payment or a deposit. In the event of late payment by UCS, Contractor shall be entitled to interest as specified in Article XI-A of the State Finance Law.

Awarded Contractor shall send the master bill by email to such person or email address as UCS/OCA shall designate.

Payment shall be made within thirty (30) days of receipt and approval by UCS of the master bill satisfactory to UCS and the Office of the New York State Comptroller (“OSC”).

Payment for goods delivered/services performed under the awarded contract shall be conditioned upon the acceptance and approval of such items/services, such that it is sufficiently complete in accordance with the RFB specification, so that UCS can utilize the goods/services for its intended purpose.

V. 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 C, below. Failure to provide all documents in the manner required – including the number of requested copies - may result in

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UCS RFB.002 (Rev. 7.20) 8 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, Transportation and Parking Descriptions

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), and the lodging and miscellaneous requirements listed in Exhibit B (Scope of Work), including a description of its capability to provide parking accommodations and shuttle transportation services. Bidders must also include a description of their policies for no-shows (guests that fail to arrive for a reservation without notifying the hotel) and late checkout.

2. Narrative Description – Subcontracting (if applicable)

Subcontracting under this RFB is limited to shuttle transportation services and an Overflow Hotel (see Exhibit B for more details). Bidders proposing to subcontract either shuttle transportation or Overflow Hotel must identify and submit in writing the legal name(s) of all proposed subcontractor(s) and specify the services each will perform in their proposal. If such a bidder is awarded a contract, UCS’s approval of the named subcontractor(s) is deemed granted through the award.

The Awarded Contractor will serve as the prime contractor and remain fully responsible for all required services. UCS will communicate only with the Awarded Contractor, who retains complete responsibility and liability for the performance and payment of all subcontractor(s) and their personnel. UCS may require subcontractor(s) to submit proof of insurance prior to approval.

Additional details concerning subcontracting can be found in Article VII below.

3. Bidder Contact Information

Bidder shall designate, where specified in section 5 on page two of the two-page Bidder’s Response Document Enclosure Checklist, a person as primary contact for all questions OCA may have regarding bidder’s bid response.

4. Bidder Verification

Authorized representative of bidder must complete and sign in section 6 on page two (2) of the two-page Bidder’s Response Document Enclosure Checklist to

RFB # OCA-DGCP-089 Hotel Lodging and Transportation for UCS January 2027 Seminar

UCS RFB.002 (Rev. 7.20) 9 verify submission of all required documentation. This authorized representative must be the person whose signature is affixed to all required bid documents.

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 “Addenda” 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/state-vendors/vendrep/vendrep-system or go directly to the VendRep System online at https://onlineservices.osc.state.ny.us/Enrollment/login?1. Vendors 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 Bidder’s Response 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. Bidders’ authorized signature of the

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RFB 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 RFB, 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 RFB.

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 (https://www.osc.state.ny.us/sites/default/files/vendors/2017-11/vendor-form-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:

https://esupplier.sfs.ny.gov/psc/fscm/SUPPLIER/ERP/c/NUI_FRAMEWORK.

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4. Electronic Payments

The Awarded Contractor will be required to receive contract payments electronically. If the Awarded Contractor is not currently receiving electronic payments, it will need to 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 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

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UCS RFB.002 (Rev. 7.20) 11

Bidder must provide together with its bid response all documentation required pursuant to Article VIII, “Insurance Requirements for Awarded Contractor.”

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.

VI. BID SUBMISSION PROCEDURES

Bids must be received by the above-named OCA-designated person by Friday, December 4, 2026 at 2:00PM Eastern Time (the “Bid Submission Deadline Date”). Failure to seal and mark the bid as prescribed may result in non-delivery and/or rejection of the bid. Any bid received after this deadline will be declared a late bid and may be disqualified. Notwithstanding the foregoing, a late bid may be accepted by UCS in its sole discretion if: (i) an insufficient number of timely bids meeting the requirements of this RFB are received; or (ii) the bidder has satisfactorily demonstrated to UCS that the late bid was caused solely by factors outside the control of the bidder. However, in no event shall UCS be obligated to accept a late bid, and in making such determination, UCS will consider whether accepting a late bid would materially benefit or disadvantage a particular bidder. It is recommended that bidders allow several extra days for shipping in order to meet the deadline.

Packaging, Identifying and Delivering of Bids/Proposals

Vendors must submit their bids by hand delivery or mail and must include the original complete proposal. Proposals will not be accepted electronically or by fax.

Bids/Proposals must be clearly addressed and submitted to:

NYS Unified Court System Division of Grants, Contracts and Procurement

2500 Pond View, Suite 104 Castleton-on-Hudson, New York 12033

ATTN: Abdul Ibrahim

All envelopes/cartons must also be labeled with the following information on two sides, visible to the designated contact:

Deliver immediately to Abdul Ibrahim Sealed bid - Do not open RFB# OCA-DGCP- 089 due on Friday, December 4, 2026 at 2:00PM Eastern

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UCS RFB.002 (Rev. 7.20) 12

Failure to seal and mark the bid/proposal as prescribed may result in non-delivery and/or rejection of the bid/proposal.

Amendment of Proposals

Bidders may only amend submitted proposals prior to the Bid Submission Deadline Date.

Amended proposals must be submitted in packaging which clearly indicates “Amended Proposal for RFB # OCA-DGCP-089.” Amended proposals must be signed by an individual who is duly authorized to amend the bidder’s original proposal. Amended proposals must be submitted in the same manner as original proposals described herein.

Amended proposals received by UCS after the Bid Submission Deadline Date will be rejected for lateness.

Withdrawal of Proposal Prior to Submission Deadline

A proposal may be withdrawn at any time prior to the Bid Submission Deadline Date. If multiple proposals are submitted by the same bidder, the bidder must clearly indicate to which proposal the withdrawal applies.

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 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: Abdul Ibrahim, 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-DGCP-089. Alternatively, no-bid letters may be sent by email to Abdul Ibrahim. Please indicate in "Subject" field: RFB# OCA-DGCP-089 – No-Bid.

VII. GENERAL BID REQUIREMENTS

The terms and conditions set forth below are binding on, and incorporated into this RFB, the Bidder’s proposal, and any contract resulting from this RFB.

Access to Court Facilities

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Awarded Contractor must comply with all applicable location rules, policies, guidelines and procedures in order to be granted 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. Court staff cannot modify security measures, access protocols, or parking restrictions to facilitate Awarded Contractor’s entrance to or egress from court facilities unless required to do so by law.

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 withdraws its bid/proposal in writing as provided in this RFB, whichever occurs first.

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 requested 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 UCS is obligated to seek or allow clarifications or corrections as provided for herein.

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.

Awarded Contractor must accept all requests for services placed by UCS during the term of the Contract.

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.

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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 UCS personnel.

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; or (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.

Online RFB Package: Disclaimer

Bidders accessing any UCS/OCA solicitations and related documents from the UCS website https://www.nycourts.gov/grants-contracts-procurement under “Current Solicitations” shall remain solely and wholly responsible for reviewing the respective solicitation and bid documents on the internet regularly, up to the scheduled date and time of the Bid Submission Deadline Date, to ensure their knowledge of any amendments, addenda, modifications, or other information affecting the solicitation or bid documents in question.

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, or 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 or do not meet the location requirements of this solicitation; (ii) who does not provide references in accordance with the bid specifications

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(if requested), 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 contract within a time frame acceptable to the UCS, in which event UCS may then invite the next responsible and responsive bidder with the next lowest dollar cost bid to enter into negotiations for purposes of executing a contract.

Responsible Bidder

A bidder shall be defined as “responsible” in accordance with, but not limited to:

references, past performance history, financial stability, responses to the Vendor Responsibility Questionnaire (see Attachment III-Vendor Responsibility Questionnaire), the criteria set forth in the paragraph headed “Rejected and Unacceptable Bids/Proposals/Awards,” as well as any other criteria necessary and reasonable to establish the bidder’s responsibility.

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.

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. Subcontracting under this RFB is limited solely to shuttle transportation services and an Overflow Hotel (see Exhibit B for more details). 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. 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. UCS may require subcontractors to provide evidence of insurance prior to UCS approval.

Unified Court System Self-Insurance

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

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VIII. CONTRACT TERMS AND REQUIREMENTS

Contract Terms

The Awarded Contractor shall be required to comply with the provisions set forth in this RFB, as well as such other provisions contained in the Contract, in form and content satisfactory to UCS in its sole discretion.

Compliance with Laws

Awarded Contractor 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.

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, 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 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 awarded under this RFB by UCS and may subject the Awarded Contractor to further penalties.

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. Remote access to the UCS confidential information is prohibited unless industry standard protocols for remote access are in place (e.g., SSL, VPN). 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.

Indemnity

Awarded Contractor shall indemnify, defend and hold harmless UCS and the State of New York, its officers and employees from and against any and all claims, causes of action, damages, costs, liabilities and expenses of any kind (including reasonable attorneys’ 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; (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

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UCS RFB.002 (Rev. 7.20) 17 under the Contract; or (iv) enforcement by UCS of the Contract or any provisions thereof.

UCS will notify Awarded Contractor of any claim, action, or demand for which indemnity is required in the reasonable opinion of UCS and will cooperate reasonably with Awarded Contractor at Awarded Contractor’s expense. Any law firm Awarded Contractor chooses to defend UCS must be experienced in defending similar claims and will be subject to UCS approval, which will not be unreasonably withheld. Awarded Contractor may not settle any lawsuit or matter relating to the culpability or liability of UCS without the prior written consent of UCS. UCS reserves the right to participate in any defense of a claim and/or to be represented by counsel of its own choosing at its own expense.

Awarded Contractor shall also defend, indemnify, and hold UCS harmless from and against any and all damages, expenses (including reasonable attorneys' fees), claims, judgments, liabilities and costs in any action for infringement of a patent, copyright, trademark, trade secret or other proprietary right arising out of the Contract.

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/are 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.

Notice of Substantial Change in Contractor’s Status

In addition to complying with the requirements of State Finance Law Section 138 (requiring prior approval of subcontractors and assignments or conveyances), Awarded Contractor shall notify UCS of any substantial change in the ownership or financial viability of the Awarded Contractor, its affiliates, subsidiaries, divisions, or partners, in writing immediately upon occurrence. “Substantial change” means: (i) sales, acquisitions, mergers, or takeovers of the Awarded Contractor, its affiliates, subsidiaries, divisions, or partners that result in a change in the controlling ownership or assets of such entity after the submission of the bid; (ii) entry of an order for relief under Title 11 of the U.S. Code;

(iii) the making of a general assignment for the benefit of creditors; (iv) the appointment of a receiver of Awarded Contractor’s business or property or that of its affiliates, subsidiaries, divisions, or partners; or action by Awarded Contractor, its affiliates, subsidiaries, divisions, or partners under any State insolvency or similar law for the purposes of its bankruptcy, reorganization, or liquidation; or (v) court-ordered liquidation of Awarded Contractor, its affiliates, subsidiaries, subdivisions, or partners.

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Upon UCS’s receipt of such notice it shall have thirty (30) business days to review the information. Awarded Contractor may not transfer the Contract to or among affiliates, subsidiaries, divisions, or partners, or to any other person or entity, without the express written consent of UCS. In addition to any other remedies available at law or equity, UCS shall have the right to cancel the Contract, in whole or in part, for cause, if it finds, in its sole judgment, that such substantial change adversely affects the delivery of services or is otherwise not in the best interests of UCS.

Insurance Requirements for Awarded Contractor

Awarded Contractor shall be required to maintain during the term of the Contract awarded pursuant to this RFB, including any renewal or extension terms, at their own cost and expense, and provide proof with its proposal, or affirm that bidder will provide proof upon notification of Contract award (and no later than five (5) business days prior to commencement of the Contract), of the following insurance coverage:

1. Workers’ compensation and disability benefit insurance coverage as required under NYS law. Each vendor must provide with its proposal, or affirm that vendor will provide upon notification of Contract award, 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 insurance carrier or licensed agent or must follow the procedures set forth by the Workers’ Compensation Board for obtaining an exemption from coverage. See Workers’ Compensation Board website at http://www.wcb.ny.gov under “Forms” for a manual listing required forms and procedures. Any questions regarding workers’ compensation coverage requirements or debarments should be directed to:

Workers’ Compensation Board Bureau of Compliance

(518) 462-8882

(866) 298-7830

Only the following forms will be accepted:

Proof of Workers’ Compensation Coverage

Form C-105.2 - Certificate of Workers’ Compensation Insurance issued by private insurance carriers; or

Form U-26.3 issued by the State Insurance Fund; or Form SI-12 - Certificate of Workers’ Compensation Self-Insurance; or Form GSI-105.2 - Certificate of Participation in Workers’ Compensation

Group Self-Insurance; or Form CE-200 - Certificate of Attestation of Exemption from NYS Workers’

Compensation and/or Disability Benefits Coverage.

Proof of Disability Benefits Coverage

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Form DB-120.1 - Certificate of Disability Benefits Insurance; or Form DB-120.2 - Certificate of Participation in Disability Benefits Group Self-

Insurance; or Form DB-155 - Certificate of Disability Benefits Self-Insurance; or Form CE-200 - Certificate of Attestation of Exemption from NYS Workers’

Compensation and/or Disability Benefits Coverage.

On forms that have a space for a certificate holder to be listed, the carrier must enter:

NYS Unified Court System Office of Court Administration

Division of Grants, Contracts and Procurement 2500 Pond View, Suite 104

Castleton-on-Hudson, NY 12033

The insurance carrier must notify the certificate holder if a policy is canceled.

Please note: An ACORD Certificate of Insurance is not acceptable proof of NYS workers’ compensation or disability benefits insurance coverage.

For additional information regarding workers’ compensation and disability benefits requirements, please refer to the New York State Workers’ Compensation Board website at: http://www.wcb.ny.gov under “Employers/Businesses.”

2. Commercial General Liability Insurance (bodily injury and property damage on an occurrence basis), personal injury and advertising liability coverage, contractual and products/completed operations liability coverage, and auto liability with minimum limits as follows:

Bodily Injury and Property Damage $1 million per occurrence, $2 million aggregate

Personal Injury and Advertising: $1 million aggregate

Contractual and Products/ Completed Operations $2 million aggregate

Auto Liability, Combined single limits $1 million

3. Commercial general liability insurance coverage must be obtained from commercial insurance carriers licensed in, or otherwise authorized to do business in, the State of New York. The commercial general insurance of Applicants awarded funding shall be primary insurance with respect to UCS.

Products completed operations insurance coverage is not required if applicant provides written documentation prior to finalization of an awarded contract that the

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UCS RFB.002 (Rev. 7.20) 20 organization’s commercial general insurance policy does not include coverage for products-completed operations. Automobile liability insurance is not required if applicant does not use vehicles in its operations.

4. Insurance Compliance:

All policies shall be written with insurance companies licensed to do business or authorized by the New York State Department of Financial Services to issue insurance in the State of New York and be rated no lower than an A- rating Class VII or better in the most current edition of A.M. Best’s Property-Casualty Key Rating Guide. UCS may, in its sole discretion, accept policies of insurance written by a non-authorized carrier or carriers when certificate or other policy documents are accompanied by a completed Excess Lines Association of New York (ELANY) affidavit or other document demonstrating the company’s strong financial rating.

Policies should be endorsed to the New York State Unified Court System as an “additional insured” or “loss payee,” as appropriate, and “certificate holder.” All policies shall allow waiver of subrogation in favor of UCS and indemnified parties and additional insureds. All policies must be endorsed to provide that in the event of cancellation, non-renewal or material modification UCS will receive thirty (30) days’ prior written notice thereof. Awarded Contractor must furnish complete policies, including all endorsements thereto, to UCS upon request. By requiring insurance, UCS does not represent that certain coverage and limits will necessarily be sufficient to protect Awarded Contractor, and such coverage and limits shall not be deemed a limitation on Awarded Contractor’s liabilities under any indemnity granted to UCS under the Contract.