Orleans Correctional Facility 3531 Gaines Basin Rd. Albion, NY14411 I www.doccs.ny.gov

Orleans Correctional Facility

Invitation for Bids

IFB ORL26-002

Incarcerated Individual Transport Services – Orleans Correctional Facility

Issued: 07/08/2026

DESIGNATED CONTACTS:

Pursuant to State Finance Law §139-j and §139-k, the Department of Corrections and Community Supervision identifies the following designated contacts to whom all communications concerning this procurement must be made. See Section 1.3 for additional information.

Primary Contact Secondary Contact

Renee Redick Rehannon Stirk

New York State Department of Corrections and

Community Supervision

New York State Department of Corrections and

Community Supervision

Orleans Correctional Facility Orleans Correctional Facility

3531 Gaines Basin Rd 3531 Gaines Basin Rd

Albion, New York 14411 Albion, New York 14411

Telephone: 585-589-6820 Ext. 3200 Telephone: 585-589-6820 Ext. 3100

Email Address: Renee.redick@doccs.ny.gov Email Address: Rehannon.stirk@doccs.ny.gov

KATHY HOCHUL

Governor

DANIEL F. MARTUSCELLO III

Commissioner http://www.doccs.ny.gov/ mailto:Renee.redick@doccs.ny.gov

IFB 2026-02 Incarcerated Individual Transport Services-Orleans Correctional Facility

Table of Contents

1.0 INTRODUCTION

1.1 Notice to Bidders

1.2 Calendar of Events

1.3 Submission of Written Questions

1.4 Freedom of Information Law (“FOIL”) / Trade Secrets

1.5 Ethics Compliance

1.5.1 Conflict of Interest

1.5.2 State Employees

1.5.4 ........................................................................................................... Error! Bookmark not defined.

1.6 Forms Pertaining to New York State Finance Law (STFL)

1.6.1 STFL Section 139-d; Non-Collusive Bidding Certification

1.6.2 STFL Sections 139-j and 139-k; Procurement Lobbying Certification

1.6.3 STFL Section 139-l; Sexual Harassment Prevention Certification

1.6.4 STFL Section 139-m; Gender Violence in the Workplace Prevention

1.6.5 STFL Section 163(4)(g); Consultant Disclosure Provisions

1.7 New York State Executive Orders

1.7.1 Executive Order 16 – Prohibiting State Agencies and Authorities from Contracting with Businesses Conducting Business in Russia

1.7.2 Executive Order 177 - Prohibiting Contracts with Entities that Support

Discrimination

1.8 DOCCS’ Reserved Rights

2.0 OVERVIEW

2.1 Contract Term

2.2 Price

2.3 Estimated/Specific Quantities .......................................................... Error! Bookmark not defined.

2.4 Delivery ................................................................................................... Error! Bookmark not defined.

2.5 Subcontracting

3.0 BIDDER QUALIFICATIONS

3.1 Eligible Bidders

3.3 General Requirements

3.4 Vendor Responsibility

4.0 SCOPE OF WORK

4.1 Background ........................................................................................... Error! Bookmark not defined.

4.2 Contractor Responsibilities

4.3 Reporting ................................................................................................ Error! Bookmark not defined.

4.4 Warranty ................................................................................................. Error! Bookmark not defined.

4.5 Security

4.6 Transition

5.0 PREPARATION AND SUBMISSION OF BIDS

5.1 Bid Preparation

5.1.1 Product Offerings Made by Bidder (Alternate Bids)

5.1.2 Information to be Furnished with Bid

5.2 Bid Submission

6.0 METHOD OF AWARD

6.1 Equal Low Bids (Tie Bids)

6.2 Rejection

6.3 Debriefing

6.4 Dispute Resolution Policy

7.0 CONTRACTOR REQUIREMENTS AND PROCEDURES FOR PARTICIPATION BY NEW

YORK STATE CERTIFIED MINORITY- AND WOMEN-OWNED BUSINESS ENTERPRISES AND

EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITY GROUP MEMBERS AND WOMEN ... 22

7.1 Equal Employment Opportunity Requirements

7.2 Business Participation Opportunities for MWBEs

7.3 Business Participation Opportunities for New York State Certified Service-Disabled

Veteran-Owned Businesses

7.3.1 Contract Goals

8.0 CONTRACTOR INSURANCE REQUIREMENTS

9.0 ADDITIONAL ADMINISTRATIVE INFORMATION AND CONTRACT CLAUSES

9.1 Appendix A

9.2 Conflict of Terms and Conditions

9.3 Purchase Orders .................................................................................. Error! Bookmark not defined.

9.4 Price Adjustment

9.5 Contract Payments

9.6 Billing

9.7 Tax Law Section 5-A

9.9 Language Translation Services

9.10 Background Check

9.11 Mercury-Added Consumer Products

9.12 Use of Recycled or Remanufactured Materials

9.13 EPA Energy Star Program

9.14 Indemnification

9.15 Termination

Appendices

The following appendices are included with this Solicitation:

A. Standard Clauses for NYS Contracts

Attachments

The following attachments pertain to this Solicitation:

1. No-Bid Form

2. Submission Checklist

3. Bid Signature Page

4. Individual, Corporation, Partnership, or LLC Acknowledgement

5. Bid Price Page

6. Vendor Assurance of No Conflict of Interest or Detrimental Effect

7. Procurement Lobbying Certification and Disclosure of Prior Non-Responsibility Determination

8. Non-Collusive Bidding Certification

9. Encouraging Use of New York Businesses in Contract Performance

10. MWBE and EEO Policy Statement

11. Equal Employment Opportunity Staffing Plan (EEO100)

12. Executive Order 16 Prohibiting State Agencies and Authorities from Contracting with Businesses Conducting Business in Russia

13. Executive Order 177 Prohibiting Contracts with Entities that Support Discrimination

14. Sexual Harassment Prevention Policy Certification (State Finance Law §139-l Certification)

15. Gender-Based Violence Prevention Policy Certification (State Finance Law §139-m Certification)

1.0 INTRODUCTION

New York State (NYS) Department of Corrections and Community Supervision (DOCCS) is seeking

Contractor(s) to provide transportation to and from Orleans Correctional Facility.

For the purposes of this IFB:

a. a Contractor is defined as one who has the contract with the owner of a project or job and has full responsibility for its completion. A Contractor undertakes to perform a complete contract and may employ

(and manage) one or more subcontractors to carry out specific parts of the contract, if permitted.

b. The terms “bidders”, “vendors”, “offerors”, and “contractors” are used interchangeably.

c. The use of the terms “shall”, “must” and “will” are used interchangeably when describing the Contractor’s/Bidder’s duties.

d. The terms “proposal” and “bid” are used interchangeably herein and shall have the same meaning.

e. The name of this agency, NYS Department of Corrections and Community Supervision, is used interchangeably herein with “the Department” and “DOCCS”.

1.1 Notice to Bidders

Receipt of these bid documents does not indicate DOCCS has pre-determined your company's qualifications to receive a contract award. Such determination will be made after the bid opening and will be based on our evaluation of your bid submission compared to the specific requirements and qualifications contained in these bid documents.

Please Note: The State is not liable for any costs incurred by Bidders in the preparation and production of bids or for any work performed prior to the issuance of a contract.

1.2 Calendar of Events

The table below outlines the schedule for important action dates. If the State finds it necessary to change any of these dates, notification will be accomplished through an addendum to this IFB.

Invitation for Bids (IFB) Issued 07/8/2026

Written Bidders’ Questions Deadline No later than 3:00 p.m. ET 07/16/2026

DOCCS Issues Answers to Questions (estimated) On or about 07/23/2026

Bids Due to DOCCS / Bid Opening Date No later than 3:00 p.m. ET 08/10/2026

Anticipated Contract Start Date 08/15/2026

1.3 Submission of Written Questions

Bidders are cautioned to read this document thoroughly to become familiar with all aspects of the bid. Bidders should notify the DESIGNATED CONTACT of any term, condition, etc., that precludes the vendor from submitting a compliant, responsive bid. Prospective Bidders should note that all clarifications and exceptions including those relating to the terms and conditions of the contract are to be resolved prior to the submission of a bid.

All questions should be submitted in writing no later than the date specified in Section 1.2 Calendar of

Events. Vendors should email questions to the designated contacts listed on the cover page of this document, citing the particular solicitation section and paragraph number. Bidders entering into a contract with the State are expected to comply with all terms and conditions contained herein. Answers to all written questions of a substantive nature will be given to all Prospective Bidders in the form of a formal addendum which will become part of the ensuing contract.

Official answers to all written questions will be advertised as an addendum and posted in the New York State

Contract Reporter (NYSCR) (http://www.nyscr.ny.gov/) on or about the date listed in Section 1.2 Calendar of Events. Only answers provided by addendum are considered official. Any amendments, clarifications, responses to questions, and updates to this IFB will be posted on the NYSCR. It is each bidder’s responsibility to visit the above website prior to submitting a bid to determine if any addenda have been issued regarding this solicitation.

1.4 Vendor Responsibility

DOCCS conducts a review of prospective contractors (“Bidders”) to provide reasonable assurances the

Bidder is responsive and responsible. The Contractor shall at all times during the contract term remain responsible. The Contractor agrees, if requested by the Commissioner of DOCCS or their designee, to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity.

If at any time the Contractor is found to be not responsible or there is a question as to the vendor’s responsibility, any activities pursuant to the contract may be suspended. In the event of such suspension, the Contractor will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Contractor must comply with the terms of the suspension order. Contract activity may resume at such time as the DOCCS Commissioner or their designee issues a written notice authorizing a resumption of performance under the Contract. Finally, the contract may be terminated following a finding of non-responsibility.

A. New York State Vendor File Registration

Prior to being awarded a contract pursuant to this solicitation, the Bidder(s) and any designated authorized resellers who accept payment directly from the State, must be registered in the New York

State Vendor File (Vendor File) administered by the Office of the State Comptroller (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, unique New York State ten-digit vendor identification numbers will be assigned to your company and to each of your authorized resellers (if any) 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 all vendor information in one central location for all transactions related to the State of New York. If Bidder is already registered in the New York State Vendor

File, list the ten-digit vendor ID number on the Bid Signature Page. Authorized resellers already registered should list the ten-digit vendor ID number along with the authorized reseller information.

If the Bidder is not currently registered in the Vendor File and is recommended for award, DOCCS shall request completion of OSC Substitute W-9 Form. A fillable form with instructions can be found at the link below. In addition, if authorized resellers are to be used, an OSC Substitute W-9 form should be http://www.nyscr.ny.gov/ completed by each of the designated authorized resellers and submitted to the Office of General Services

Business Services Center. The Office of General Services Business Services Center will initiate the vendor registration process for all Bidders recommended for Contract Award and their authorized resellers.

Once the process is initiated, registrants will receive an email from OSC that includes the unique ten-digit vendor identification number assigned to the company 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

Form to be completed: https://www.osc.state.ny.us/vendors/forms/ac3237s_fe.pdf

B. NYS Vendor Responsibility Questionnaire

A Questionnaire is used for non-construction contracts and is designed to provide information to assess a Bidder’s responsibility to conduct business in New York based upon financial and organizational capacity, legal authority, business integrity, and past performance history. By submitting a bid, Bidder agrees to fully and accurately complete the “Questionnaire.” The Bidder acknowledges that the State’s execution of the Contract will be contingent upon the State’s determination that the Bidder is responsible, and that the State will be relying upon the Bidder’s responses to the Questionnaire when making its responsibility determination. To assist the State in determining the responsibility of the Bidder, the Bidder should complete and certify (or recertify) the Questionnaire no more than six (6) months prior to the bid due date.

A Bidder’s Questionnaire cannot be viewed by DOCCS until the Bidder has certified the Questionnaire.

It is recommended that all Bidders become familiar with all of the requirements of the Questionnaire in advance of the bid opening to provide sufficient time to complete the Questionnaire.

DOCCS recommends each Bidder file the required Questionnaire online via the New York State VendRep

System. To enroll in and use the VendRep System, please refer to the VendRep System Welcome

Package for Vendors available at the Office of the State Comptroller’s (OSC) website:

http://www.osc.state.ny.us/vendrep/documents/system/welcome_package.pdf or go directly to the

VendRep System online at https://www.osc.state.ny.us/state-vendors.

OSC provides direct support for the VendRep System through user assistance, documents, online help, and a help desk. The OSC Help Desk contact information is located at:

http://www.osc.state.ny.us/portal/contactbuss.htm.

Bidders opting to complete the paper questionnaire can access this form and associated definitions via the OSC website at: http://www.osc.state.ny.us/vendrep/forms_vendor.htm.

The Bidder agrees that if it is found by the State that the Bidder’s responses to the Questionnaire were intentionally false or intentionally incomplete, on such finding, DOCCS may terminate the contract. In no case shall such termination of the contract by the State be deemed a breach thereof, nor shall the State be liable for any damages for lost profits or otherwise, which may be sustained by the Contractor as a result of such termination.

http://www.osc.state.ny.us/vendor_management https://www.osc.state.ny.us/vendors/forms/ac3237s_fe.pdf http://www.osc.state.ny.us/vendrep/documents/system/welcome_package.pdf https://www.osc.state.ny.us/state-vendors http://www.osc.state.ny.us/portal/contactbuss.htm http://www.osc.state.ny.us/vendrep/forms_vendor.htm

1.5 Freedom of Information Law (“FOIL”) / Trade Secrets

During the evaluation process, the content of each bid will be held in confidence and details of any bid will not be revealed (except as may be required under the Freedom of Information Law or other State law). The

Freedom of Information Law provides for an exemption from disclosure for trade secrets or information the disclosure of which would cause injury to the competitive position of commercial enterprises. This exemption would be effective both during and after the evaluation process.

Should you feel your bid contains any such trade secrets or other confidential or proprietary information, you must submit a request to exempt such information from disclosure. Such request must be in writing, must state the reasons why the information should be exempt from disclosure and must be provided at the time of submission of the subject information. Upon notification from DOCCS, Bidders/Contractors must provide a redacted version of the records they wish to be exempted from release.

Requests for exemption of the entire contents of a bid from disclosure have generally not been found to be meritorious and are discouraged. Kindly limit any requests for exemption of information from disclosure to bona fide trade secrets or specific information, the disclosure of which would cause a substantial injury to the competitive position of your firm.

1.6 Ethics Compliance

1.6.1 Conflict of Interest

Bidder must disclose any existing or contemplated relationship with any other person or entity, including relationships with any member, shareholders of 5% or more, parent, subsidiary, or affiliated firm, which would constitute an actual or potential conflict of interest or appearance of impropriety, relating to other clients/customers of the Respondent or former officers and employees of the Agencies and their Affiliates, in connection with your rendering services enumerated in this solicitation. If a conflict does or might exist, please describe how your Staffing Firm would eliminate or prevent it. Indicate what procedures will be followed to detect, notify the Agencies of, and resolve any such conflicts.

Bidder must disclose whether it, or any of its members, shareholders of 5% or more, parents, affiliates, or subsidiaries, have been the subject of any investigation or disciplinary action by the New York State

Commission on Public Integrity or its predecessor State entities (collectively, "Commission"), and if so, a brief description must be included indicating how any matter before the Commission was resolved or whether it remains unresolved.

Additionally, a bidder will be required to submit the Vendor Assurance of No Conflict of Interest or

Detrimental Effect form located within this solicitation as evidence of compliance with the foregoing.

1.6.2 State Employees

Contractors, consultants, vendors, and subcontractors may hire former State Agency or Authority employees. However, as a general rule and in accordance with New York Public Officers Law, former employees of the State Agency or Authority may neither appear nor practice before the State Agency or

Authority, nor receive compensation for services rendered on a matter before the State Agency or

Authority, for a period of two (2) years following their separation from State Agency or Authority service.

In addition, former State Agency or Authority employees are subject to a "lifetime bar" from appearing before the State Agency or Authority or receiving compensation for services regarding any transaction in which they personally participated, or which was under their active consideration during their tenure with the State Agency or Authority.

The Contractor and its Subcontractors shall not engage any person who is, or has been at any time, in the employ of the State to perform services in violation of the provisions of the New York Public Officers

Law, other laws applicable to the service of State employees, and the rules, regulations, opinions, guidelines, or policies promulgated or issued by the New York State Joint Commission on Public Ethics, or its predecessors (collectively, the "Ethics Requirements"). The Contractor certifies that all of its employees and those of its Subcontractors who are former employees of the State and who are assigned to perform services under any contract resulting from this solicitation shall be assigned in accordance with all Ethics Requirements.

During the Term, no person who is employed by the Contractor or its Subcontractors and who is disqualified from providing services under the Contract pursuant to any Ethics Requirements may share in any net revenues of the Contractor or its Subcontractors derived from any contract resulting from this solicitation. The Contractor shall identify and provide the State with notice of those employees of the

Contractor and its Subcontractors who are former employees of the State that will be assigned to perform services under any contract resulting from this solicitation, and make sure that such employees comply with all applicable laws and prohibitions.

The State may request that the Contractor provide it with whatever information the State deems appropriate about each such person's engagement, work cooperatively with the State to solicit advice from the New York State Joint Commission on Public Ethics, and, if deemed appropriate by the State, instruct any such person to seek the opinion of the New York State Joint Commission on Public Ethics.

The State shall have the right to withdraw or withhold approval of any Subcontractor if utilizing such

Subcontractor for any work performed hereunder would be in conflict with any of the Ethics Requirements.

The State shall have the right to terminate the contract at any time if any work performed hereunder is in conflict with any of the Ethics Requirements.

1.7 Forms Pertaining to New York State Finance Law (STFL)

1.7.1 STFL Section 139-d; Non-Collusive Bidding Certification

Bidders responding to this IFB must submit Attachment 8 – Non-Collusive Bidding Certification. See

Appendix A, clause 7, for more information.

1.7.2 STFL Sections 139-j and 139-k; Procurement Lobbying Certification

Bidders responding to this Solicitation should submit Attachment 79 – Procurement Lobbying Certification and Disclosure of Prior Non-Responsibility Determination.

Pursuant to State Finance Law §139-j and §139-k the Department of Corrections and Community

Supervision identifies Designated Contact(s), on the cover page of this Solicitation, to whom all communications attempting to influence the Department of Corrections and Community Supervision conduct or decision regarding this procurement, and communications related to the submission of written proposals, pre-bid questions, and debriefings must be made.

Please be advised State law prohibits any vendor from exerting or attempting to exert any improper influence relating to its proposal. “Improper influence” means any attempt to achieve preferential, unequal, or favored consideration of a proposal based on considerations other than the merits of the proposal, including but not limited to any conduct prohibited by the Ethics in Government Act, as set forth in Public Officers Law §73 and §74.

“Restricted period” means the period of time commencing with the earliest written notice, advertisement, or solicitation of a Request for Proposals (“RFP”), Invitation for Bids (“IFB”), or solicitation of proposals, or any other method for soliciting a response from Bidders intending to result in a procurement contract with DOCCS and ending with the final contract award and approval by

DOCCS and, where applicable, final contract approval by the Office of the State Comptroller.

This prohibition applies to any oral, written, or electronic communication under circumstances where a reasonable person would infer that the communication was intended to influence this procurement.

Violation of any of the requirements described in this Section may be grounds for a determination that the bidder is non-responsible and therefore ineligible for this contract award. Two (2) violations within four (4) years of the rules against impermissible contacts during the “restricted period” may result in the violator being debarred from participating in DOCCS procurements for a period of four (4) years.

1.7.3 STFL Section 139-l; Sexual Harassment Prevention Certification

Pursuant to New York State Finance Law §139-l, every bid made on or after January 1, 2019 to the State or any public department or agency thereof, where competitive bidding is required by statute, rule or regulation, for work or services performed or to be performed or goods sold or to be sold, and where otherwise required by such public department or agency, shall contain a certification that the bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of New York State Labor Law §201-g:

https://www.nysenate.gov/legislation/laws/LAB/201-G

New York State Labor Law §201-g provides requirements for such policy and training and directs the

Department of Labor, in consultation with the Division of Human Rights, to create and publish a model sexual harassment prevention guidance document, sexual harassment prevention policy and sexual harassment prevention training program that employers may utilize to meet the requirements of New York

State Labor Law §201-g. The model sexual harassment prevention policy, model sexual harassment training materials, and further guidance for employers, can be found online at the following URL:

https://www.ny.gov/combating-sexual-harassment-workplace/employers

Pursuant to New York State Finance Law §139-l, any bid by a corporate bidder containing the certification required above shall be deemed to have been authorized by the board of directors of such bidder, and such authorization shall be deemed to include the signing and submission of such bid and the inclusion therein of such statement as the act and deed of the bidder.

If the Bidder cannot make the required certification, such Bidder shall so state and shall furnish with the bid a signed statement that sets forth in detail the reasons that the Bidder cannot make the certification.

After review and consideration of such statement, DOCCS may reject the bid or may decide that there are sufficient reasons to accept the bid without such certification.

https://www.nysenate.gov/legislation/laws/LAB/201-G https://www.ny.gov/combating-sexual-harassment-workplace/employers

1.7.4 STFL Section 139-m; Gender Violence in the Workplace Prevention

Pursuant to New York State Finance Law § 139-M, every bid made on or after November 5, 2025 to the

State or any public department or agency thereof, where competitive bidding is required by statute, rule or regulation, for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the bidder and affirmed by such bidder as true under the penalty of perjury:

"By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that the bidder has and has implemented a written policy addressing gender-based violence and the workplace and has provided such policy to all of its employees, directors and board members. Such policy shall, at a minimum, meet the requirements of subdivision 11 of section five hundred seventy-five of the executive law." https://www.nysenate.gov/legislation/laws/EXC/575

The statement required by New York State Finance Law § 139-M subdivision 1.a (Attachment 15 –

Gender-Based Violence Prevention Policy Certification) may be submitted electronically in accordance with the provisions of New York State Finance Law § 163 subdivision 7.

A bid shall not be considered for award, nor shall any award be made to a bidder who has not complied with this section; provided, however, that if the bidder cannot make the foregoing certification, such bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefor.

Any bid hereafter made to the state or any public department, agency or official thereof, by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where such bid contains the statement required by this section, shall be deemed to have been authorized by the board of directors of such bidder, and such authorization shall be deemed to include the signing and submission of such bid and the inclusion therein of such statement as the act and deed of the corporation.

1.7.5 STFL Section 163(4)(g); Consultant Disclosure Provisions

In accordance with New York State Finance Law §163(4)(g), State agencies must require all contractors, including subcontractors, that provide consulting services for State purposes pursuant to a contract to submit an annual employment report for each such contract.

The successful bidder for procurements involving consultant services must complete a "State Consultant

Services Form A, Contractor's Planned Employment from Contract Start Date through End of Contract

Term" in order to be eligible for a contract.

The successful bidder must also agree to complete a "State Consultant Services Form B, Contractor’s

Annual Employment Report" for each state fiscal year included in the resulting contract. This report must be submitted annually to the Department of Health, the Office of the State Comptroller, and Department of Civil Service.

State Consultant Services Form A Contractor’s Planned Employment and Form B Contractor’s Annual

Employment Report may be accessed electronically at:

https://www.nysenate.gov/legislation/laws/EXC/575 http://www.osc.state.ny.us/agencies/forms/ac3271s.doc http://www.osc.state.ny.us/agencies/forms/ac3272s.doc

1.8 New York State Executive Orders

1.8.1 Executive Order 16 – Prohibiting State Agencies and Authorities from Contracting with

Businesses Conducting Business in Russia

Bidders must review Executive Order 16 prior to submitting bids. You may access the executive order on the Governor’s website: https://www.governor.ny.gov/executive-order/no-16-prohibiting-state-agencies-and-authorities-contracting-businesses-conducting

Pursuant to EO 16, all Bidders responding to this solicitation shall complete the Certification form located with this Solicitation certifying the status of their business operations in Russia, if any.

1.8.2 Executive Order 177 - Prohibiting Contracts with Entities that Support Discrimination

Bidders must review Executive Order 177 prior to submitting bids. You may access the executive order on the Governor’s website:

https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/EO177.pdf

Bidders shall complete the EO177 Certification form located within this solicitation as evidence of compliance with the foregoing and submit with bid.

1.9 DOCCS’ Reserved Rights

The NYS DOCCS reserves the rights for the following:

1. Reject any and all bids received in response to this Solicitation.

2. Withdraw the IFB at any time, at the agency’s sole discretion;

3. Make an award under the IFB in whole or in part;

4. Disqualify any bidder whose conduct and/or bid fails to conform to the requirements of the IFB;

5. Seek clarifications and revisions of bids;

6. Use bid information obtained through site visits, management interviews and the state’s investigation of a bidder’s qualifications, experience, ability or financial standing, and any material or information submitted by the bidder in response to the agency’s request for clarifying information in the course of evaluation and/or selection under this solicitation;

7. Prior to the bid opening, amend the solicitation specifications to correct errors or oversights, or to supply additional information, as it becomes available;

8. Prior to the bid opening, direct bidders to submit bid modifications addressing subsequent solicitation amendments;

9. Change any of the scheduled dates;

10. Eliminate any mandatory, non-material specifications that cannot be complied with by all of the prospective bidders;

11. Waive any requirements that are not material;

12. Negotiate with the successful bidder within the scope of the solicitation in the best interest of the

State;

13. Conduct contract negotiations with the next responsible bidder, should the Department be unsuccessful in negotiating with the selected bidder;

http://www.osc.state.ny.us/agencies/forms/ac3271s.doc http://www.osc.state.ny.us/agencies/forms/ac3272s.doc https://www.governor.ny.gov/executive-order/no-16-prohibiting-state-agencies-and-authorities-contracting-businesses-conducting https://www.governor.ny.gov/executive-order/no-16-prohibiting-state-agencies-and-authorities-contracting-businesses-conducting https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/EO177.pdf

14. Utilize any and all ideas submitted in the bids received;

15. Every offer shall be firm and not revocable for a period of 90 days from the bid opening, to the extent not inconsistent with Section 2-205 of the Uniform Commercial Code. Subsequent to such 90 days, any offer is subject to withdrawal communicated in writing and signed by the offerer, and;

16. 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 an offerer’s bid and/or to determine an offerer’s compliance with the requirements of the solicitation.

17. DOCCS reserves the right to investigate or make any inquiry into the capabilities of any bidder to properly perform under any resultant contract. See “Performance Qualifications,” “Disqualification for

Past Performance” and “Employees/Subcontractors/Agents” in Appendix B, General Specifications.

18. MINOR DEVIATIONS (s) / MINOR TECHNICALITY: DOCCS reserves the right to have the flexibility to consider bids with minor deviations or technicalities and to waive minor deviations or technicalities that may be consistent with the intent and scope of the solicitation. The flexibility may permit a reasonable outcome in cases where the results of a fair, competitive process are clear, but the award of a contract is threatened due to a minor technicality or a minor deviation.

19. “OR EQUAL”: The State reserves the right to determine if a product/service is ‘equal’ to bid specifications. Bids with minor deviations or technicalities may be waived if consistent with the intent and scope of the solicitation. The flexibility may permit a reasonable outcome in cases where the results of a fair, competitive process are clear, but the award of a contract is threatened due to a minor technicality or a minor deviation.

2.0 OVERVIEW

2.1 Contract Term

It is the intention of the State to enter into a contract for a period of four 4 year(s). The contract resulting from this IFB will commence on the date above in Section 1.2 - Calendar of Events, subject to the availability of sufficient funding, and approval from the New York State Office of the Attorney General (OAG) and the Office of the State Comptroller (OSC).

The contract may be amended or extended for an additional one year period, subject to the availability of sufficient funding, and approval from the New York State Office of the Attorney General (OAG) and the Office of the State Comptroller (OSC).

2.2 Price

Bid price shall be inclusive of all costs, including but not limited to labor, materials, parts, supplies, transportation, travel, licenses, insurance, administrative, profit, ancillary costs, and miscellaneous charges such as any applicable taxes or fees.

2.3 Subcontracting

The Contractor agrees not to subcontract any of its services, unless as indicated in its bid, without the prior written approval of DOCCS. Approval shall not be unreasonably withheld upon receipt of written request to subcontract. The Contractor retains ultimate responsibility for all services performed under a contract.

The Contractor may arrange for a portion(s) of its responsibilities to be subcontracted to qualified, responsible subcontractors, subject to the approval of DOCCS. If the Contractor determines to subcontract a portion of the services, the subcontractors must be clearly identified and the nature and extent of its involvement in and/or proposed performance must be fully explained by the Contractor to DOCCS. As part of this explanation, the subcontractor must submit to DOCCS a completed Vendor Assurance of No Conflict of

Interest or Detrimental Effect form, as required by the Contractor prior to execution of a contract.

All subcontracts shall be in writing and shall contain provisions, which are functionally identical to, and consistent with, the provisions of this solicitation. Unless waived in writing by DOCCS, all subcontracts between the Contractor and subcontractors shall expressly name DOCCS as the sole intended third party beneficiary of such subcontract. DOCCS reserves the right to review and approve or reject any subcontract, as well as any amendment to said subcontract(s), and this right shall not make DOCCS a party to any subcontract or create any right, claim, or interest in the subcontractor or proposed subcontractor against

DOCCS.

DOCCS reserves the right, at any time during the contract term to verify that the written subcontract between the Contractor and subcontractors is in compliance with all of the provisions of this Section and any subcontract provisions contained in this solicitation.

The Contractor shall give DOCCS immediate notice in writing of the initiation of any legal action or suit which relates in any way to a subcontract with a subcontractor or which may affect the performance of the

Contractor's duties under a contract. Any subcontract shall not relieve the Contractor in any way of any responsibility, duty and/or obligation of a contract.

If at any time during performance under the contract the total compensation to a subcontractor exceeds or is expected to exceed $100,000, that subcontractor shall be required to submit and certify a Vendor

Responsibility Questionnaire.

Bidders may not propose the use of a subcontractor for this contract.

3.0 BIDDER QUALIFICATIONS

3.1 Eligible Bidders

1. Contractor shall be required to provide and maintain the highest standard of quality of service. The

Contractor’s personnel shall have the qualified experience, training and all required licenses to perform their respective duties.

2. BACKGROUND CHECKS: The Contractor shall provide appropriate background checks for each bus driver prior to the start of their employment. Background check requirements are detailed in “Attachment 1 -

Background Check Requirements.” Employees must have the ability to reside and be legally authorized to work in the United States.

3. Contractor agrees to take prompt and appropriate action with regard to complaints about the conduct of employees. In the event DOCCS determines that a driver has been remiss in his or her responsibility concerning safety standards, speeding, offensive behavior, etc., then Contractor, upon notification by DOCCS, shall immediately remove the driver from the route.

4. Provide evidence that Contractor is subscribed to the New York State Department of Motor Vehicles “LENS” reporting system and that it maintains current records for all of its drivers and is capable of notifying DOCCS within one (1) business day upon the occurrence (regardless of whether the Driver is on or off duty) of any of the following: Driving infractions for moving violations; involvement in an accident; DWI indictment; loss or suspension of license; failure to pass drug test and/or indictment for a felony crime.

5. Bidder shall provide with its bid submission a description of its company’s drug testing policy, including nature of the test(s) and the frequency of administration. Note that any Proposed Drivers who has either: (a) ever had a DWI conviction; or (b) within the last two (2) years either have had more than one vehicular accident or have been convicted of more than one moving violation, will not be permitted to operate a Bus pursuant to the

Contract.

6. A signed statement shall be submitted by the successful bidder that all proposed drivers have been tested for cannabinoids (e.g. THC, marijuana), cocaine (benzoylecgonine), amphetamines, opiates morphine, benzodiazepines (Oxazepam), barbiturates, methadone, codeine, methaqualone, propoxyphene, marijuana metabolites, opiates/metabolite(s), cocaine metabolite(s), pentobarbital, secobarbital, amobarbital, butabarbital, Phenobarbital, methamphetamines, and phencyclidine (PCP), and the date(s) of the most recent testing for each

Proposed Driver. NOTE: that any proposed Driver who within the previous five (5) years has failed a drug test

(whether administered by bidder or by another entity) will not be permitted to operate a Bus pursuant to the

Contract.

7. Contractor shall comply with all laws, regulations, rules, orders, requirements, and the like of federal, state and local governments, courts, governmental authorities, legislative bodies, boards, agencies, commissions, and the like (“Law(s)”) with respect to this Contract. If there is a conflict between or among any laws and specific requirements of the Contract, then Contractor shall comply with the most stringent Law in each instance. By noting any specific Laws with particularity in the Contract or in any other prior or future communication, Contractor is not relieved of any obligation to comply with the Laws, and DOCCS does not waive any rights it may have with respect to such compliance.

8. Contractor shall provide renewals and amendments of such licenses, certificates, registrations, permits and other authorizations to DOCCS upon request.

9. Contractor shall keep and maintain all Buses in good operating order. The cost of such maintenance shall be borne by Contractor. Bus(s) must be kept in compliance will all applicable Laws and in safe driving condition.

10. Each Bus must be two-way radio equipped, to facilitate police or emergency response as-needed and for communication between the Buses and the home office of Contractor.

11. Contractor shall promptly pay and be responsible for all parking violations, moving vehicle violations vehicle registration violations, fines attributable to improper operating license issues, tolls, towing (either from breakdowns or removal for parking violation) and emergency repairs incurred in the performance of service.

12. Contractor shall propose and provide only drivers who are licensed to operate the Buses provided for the service and who have a good driving history. DOCCS may reject any proposed driver based on his/her driving history.

13. Contractor shall remove immediately from operating a bus any driver that: the DOCCS representative or his/her designee requests be replaced because the DOCCS representative or designee determines in his/her sole discretion that the driver is not performing his/her duties appropriately or appears unfit to perform, including displaying inappropriate behavior, inappropriate speech, indifferent, careless, and/or reckless driving, illegal activities, and/or acts that imperil members of the community.

14. Contractor shall ensure that its drivers operate the vehicle in a safe manner.

15. Contractor and its personnel are strictly prohibited from the use of illegal drugs and/or alcoholic beverages and/or cell phones while performing any phase of the work herein specified.

16. Employees of the Contractor shall respect the confidentiality and privacy of Industrial Training IT and Work

Release WR Inmates.

17. In performance of their duties, employees of the Contractor shall not disrupt the operations of Orleans

Correctional Facility.

18. Contractor shall immediately notify Orleans Correctional Facility of any delays or emergencies. In the event of a breakdown, Contractor must supply a replacement bus and driver, if necessary, within one (1) hour.

19. Any suspicious or dangerous behavior on the part of the IT or WR inmates shall be immediately reported by the bus driver to the Watch Commander at Orleans Correctional Facility or his/her designee, by phone at

(585)589-6820. A report shall also be submitted by the Contractor, in writing, to the facility within 24 hours. The written report shall include, at a minimum, the following information:

• incarcerated individual’s name

• date and time of occurrence

• location of occurrence

• details of incident

• who was present at time of occurrence

• extent of the driver’s involvement (if any)

NEW YORK STATE DESIGNATED HOLIDAYS:

New Year’s Day Labor Day

Martin Luther King, Jr. Day Columbus Day

Lincoln’s Birthday Election Day

Washington’s Birthday Veteran’s Day

Memorial Day

Junteenth Thanksgiving

Independence Day Christmas

3.3 General Requirements

The Bidder agrees:

1. to adhere to all State and Federal laws and regulations in connection with the contract; and,

2. to notify DOCCS of any changes in the legal status or principal ownership of the firm, 45 days in advance of said change; and,

3. in any contract resulting from this solicitation, it shall be completely responsible for its work, including any damages or breakdowns caused by its failure to take appropriate action; and,

4. any contract resulting from this solicitation may not be assigned, transferred, conveyed or the work subcontracted without the prior written consent of the Commissioner of DOCCS; and,

5. for reasons of safety and public policy, in any contract resulting from this solicitation, the use of illegal drugs and/or alcoholic beverages by the Contractor or its personnel shall not be permitted while performing any phase of the work herein specified; and,

6. the Commissioner’s interpretation of specifications shall be final and binding upon the Contractor.

7. the Commissioner of DOCCS will make no allowance or concession to the Bidder for any alleged misunderstanding because of quantity, quality, character, location, or other conditions; and,

8. should it appear there is a real or apparent discrepancy between different sections of specifications concerning the nature, quality or extent of work to be furnished, it shall be assumed the Bidder has based its bid on the more expensive option. Final decision will rest with the Commissioner of DOCCS;

and,

9. for purposes of any contract resulting from this solicitation, the quality of service is subject to inspection and may be made at any reasonable time by the State of New York. Should it be found quality of services being performed is not satisfactory and the requirements of the specifications are not being met, the Commissioner DOCCS may terminate the contract and employ another contractor to fulfill the requirements of the contract. The existing Contractor shall be liable to the State of New

York for costs incurred on account thereof; and,

10. the Commissioner of DOCCS reserves the right to stop the work covered by any contract resulting from this solicitation at any time it is deemed the successful Bidder is unable or incapable of performing the work to the state’s satisfaction. In the event of such stopping, DOCCS shall have the right to arrange for the completion of the work in such manner as it may deem advisable and if the cost thereof exceeds the amount of the bid, the successful Bidder shall be liable to the State of New

York for any such costs on account thereof. In the event DOCCS issues a stop work order for the work as provided herein, the Contractor shall have 10 working days to respond thereto before any such stop work order shall become effective; and,

11. it is the Contractor's responsibility to maintain the equipment and materials provided for the work consistent with applicable safety and health codes; and,

12. DOCCS reserves the right to reject and bar from the facility any employee hired by the Contractor.

4.0 SCOPE OF WORK

All Buses will have a minimum 40-50 passenger capacity, be air cooled buses with drivers.

Multiple buses may be needed as the minimum passenger number is 38 and the maximum passenger number is 136 daily. A manifest of riders will be provided ahead of time to allow the appropriate size transportation is available. A wheelchair accessible bus may be required. Advanced notifications would be provided to the vendor to prepare.

BUS TRANSPORTATION - ORLEANS CORRECTIONAL FACILITY

Two-way workday (Monday-Sunday) bus transportation for Work Release Incarcerated Individuals at

Orleans Correctional Facility.

Pick-up time from Orleans Correctional Facility 3531 Gaines Basin Rd. Albion, NY 14411 will be at

5:00am

Incarcerated Individuals transported to Transit Center Terminal, located at 60 St. Paul St. Rochester, NY

14604. Buses Arrive at Terminal by 6:15 am

Bus must be at Transit Center Terminal 60 St. Paul St. Rochester, NY 14604 by 5:15pm to depart 15 minutes after the Trains arrive to drop the Incarcerated Individuals off at above noted pick-up point. On

Mondays, Wednesdays, and Saturdays, after the pick-up at 60 St. Paul St. Rochester NY 14604, there needs to be a pick-up at 320 Central Ave Rochester, NY 14605 and arrive at Orleans Correctional Facility between 6:45 pm and 7:15pm depending on train arrival times.

A Dispatched for the bus service must be available after 5:00pm in the event the facility needs to communicate.

On occasion when bus transportation is needed only one way the Vendor will only charge the facility the one-way fare. On occasion, when holidays fall on weekdays there may be instances where transportation is required. Such instances will be confirmed by ORLEANS CORRECTIONAL FACILITY on an individual basis as the holidays approach. DOCCS will not be charged when bus service is not required.

Please note:

The facility reserves the right to change the above schedule should the needs of the facility change.

All road tolls, bridge tolls, terminal charges, including necessary fuel and any additional services required because of on route breakdown, will be the Contractor’s responsibility.

Contractor must comply with Article 19-A of the NYS Department of Motor Vehicle, Vehicle and Traffic

Law.

The Contractor is required to have a New York State Permit to operate as a contract carrier of passengers by Motor Vehicle and a copy of that permit must be submitted from the successful bid.

Maintenance of vehicles must be in accordance with New York State Code Rules and Regulations 17

(17NYCRR).

4.1 Contractor Responsibilities

A. Services shall be provided during normal business hours of 7:30am to 4:30pm, Monday through as well as a mutually agreed upon time as…