Request for Proposals (RFP) for Pre- Qualified Providers of Information

Technology Goods and Services

Issued: 6/29/26

IMPORTANT NOTICE: A restricted period under the Procurement Lobbying Law is currently in effect for this Procurement and it will remain in effect until approval of the Contract. Anyone considering responding to this RFP (hereinafter, “Respondent” or “Respondents”) is prohibited from contact related to this procurement with any New York State employee other than the designated contacts listed below.

Designated Contacts for this Procurement:

Primary Contact: Shanah Jack Secondary Contact: Ralph Volcy

All contacts/inquiries shall be made by email to the following address:

IT-Prequal2026@esd.ny.gov

Proposals must be sent to the designated Dropbox:

https://www.dropbox.com/request/oincxcu0bwqpa1r54naw

This RFP is posted on the Empire State Development website:

https://esd.ny.gov/doing-business-ny/requests-proposals

Submission Deadline: 2:00 PM ET on August 7, 2026.

Proposals deemed to have arrived late will not be accepted mailto:IT-Prequal2026@esd.ny.gov https://www.dropbox.com/request/oincxcu0bwqpa1r54naw https://esd.ny.gov/doing-business-ny/requests-proposals

Contents

I. INTRODUCTION

II. OVERVIEW

III. MWBE & SDVOB SUBCONTRACTOR INTEREST

IV. SCOPE OF WORK

V. SCHEDULE OF DATES

VI. SELECTION CRITERIA

VII. SUBMISSION OF PROPOSALS

i. Technical Proposal

ii. Administrative Proposal

iii. Submission of a Complete Two-Part Proposal

VIII. QUESTIONS

IX. GENERAL PROVISIONS

X. CONTRACTUAL REQUIREMENTS

i. Non-Collusive Bidding Certification

ii. Conflicts of Interest

iii. State Finance Law Sections 139-j and 139-k forms

iv. Vendor Responsibility Questionnaire

v. Iran Divestment Act

vi. Executive Order 16

vii. Executive Order 177

viii. Compliance with State Finance Law Section 139-m

ix. Non-Discrimination and Contractor & Supplier Diversity Requirements

x. Encouraging the Use of NYS Businesses in Contract Performance Form

xi. Certification under State Tax Law Section 5-a

xii. Schedule A

xiii. Project Sunlight

xiv. Insurance Requirements

xv. W-9 Form

XI. DEBRIEFING OF UNSUCCESSFUL RESPONDENTS

APPENDICES

Appendix A ESD IT Security Standard Brief

I. INTRODUCTION

The mission of Empire State Development (“ESD” or the “Corporation”) is to promote a vigorous and growing state economy, encourage business investment and job creation, and support diverse, prosperous local economies across New York State through the efficient use of loans, grants, tax credits, real estate development, marketing, and other forms of assistance.

The goal of this RFP is to create a panel of firms from which ESD can quickly and easily acquire goods and services to support initiatives across the entire spectrum of its technology hardware and software products. ESD expects to achieve the following objectives:

1. Provide a cost-effective source of resources to support its technology infrastructure.

2. Create sustainable partnerships with qualified firms to create mutually beneficial relationships.

3. Provide a flexible configuration to meet new and changing business requirements and software/hardware needs.

4. Identify informational material about new products and services that may be of interest to ESD for consideration in the future.

5. Create economies of scale associated with IT procurements.

II. OVERVIEW

ESD is soliciting proposals from qualified contractors to provide consulting services/purchasing options for technical projects. From among the Proposals received, ESD intends to select a list of qualified firms to perform consulting services related to the ESD’s Information Systems infrastructure (both hardware and software systems). The anticipated duration of the list is three

(3) years with an option to extend for up to one (1) year, at which point ESD anticipates that it will issue a new solicitation for pre-qualified firms.

III. MWBE & SDVOB SUBCONTRACTOR INTEREST

New York State certified Minority- and Women-Owned Businesses (“MWBEs”) and Service- Disabled Veteran-Owned Businesses (“SDVOBs”) may request that their firm’s contact information be included on a list of MWBE and SDVOB firms interested in serving as a subcontractor for this procurement. The listing will be publicly posted on the Contract Reporter and ESD’s website for reference by potential Respondents. A firm requesting inclusion on this list should send contact information and a copy of its NYS MWBE or SDVOB certification to IT-Prequal2026@esd.ny.gov@esd.ny.gov.

Nothing prohibits an MWBE or SDVOB vendor from proposing as a prime contractor.

mailto:IT-Prequal2026@esd.ny.gov mailto:XXX@esd.ny.gov

IV. SCOPE OF WORK

Pre-qualified firms may be requested to enter into contracts or term contracts1 with ESD to provide goods and services, including, but not limited to, the following items:

1. Consulting, training, implementation services/support, development, hosting and/or project management for Oracle PeopleSoft Financials 9.2 or newer and procurement of all related hardware and software.

2. Hosting, programming, training, systems design and development of applications and websites (utilizing technologies including but not limited to: Drupal, Azure, AWS, SQL Server, IIS, Microsoft.Net, Microsoft Power Platform , custom code, C#, SSRS, Crystal Reports, Power BI, SharePoint) and procurement of all related hardware and software.

3. Consulting, training, implementation services/support and/or project management and procurement of all related hardware and software for the following systems/infrastructure

a. Virtual server and desktop infrastructure (including but not limited to: VMware VCS, ESX, SRM, Horizon, AVS, Virtual Servers, Virtual Desktops (VDI) products and vendors such as but not limited to VMware and Microsoft).

b. Cyber security infrastructure (including but not limited to: Cyber Security audits, Cyber policy and program management, MFA, access management, firewalls, Intrusion Detection and Prevention, anti-malware, anti-spyware, next gen antivirus, forensic analysis, EDR, products and vendors such as but not limited to: Palo Alto, DUO, Microsoft, Carbon Black, SentinelOne, SecureWorks, Know B4).

c. Network infrastructure, monitoring, configuration and security solutions (including but not limited to: switches, routers, printers, scanners, copiers, fiber, cabling, wireless networks, cloud networks, virtual networks, SD-WAN, LAN, WAN, Internet providers, data lines, MPLS products and vendors such as but not limited to: Juniper, Microsoft Azure, Amazon AWS, Dell, HP, Meraki, Mist, Avaya).

d. Server, storage and backup infrastructure including Cloud based infrastructure and storage (products and vendors such as but not limited to: Microsoft Azure, NetApp, NetApp Cloud, Amazon AWS, Rubrik, Cohesity, Oracle, HP, Dell, IBM).

e. Microsoft Dynamics Power Apps and O365 infrastructure, development, configuration, licensing, plugins, customizations, workflow and data mapping (products such as but not limited to: Dynamics, SharePoint GIS, Portal, Power BI and other BI tools

f. Data Warehouse infrastructure (including but not limited to: MSSQL, SSIS Integration, Power BI, data modeling tools, Azure Data Services, Visual Studio, SSRS, SSAS (products and vendors such as but not limited to: Microsoft, KingswaySoft, Synapse Analytics, Synapse Link for Dataverse Lake database).

g. General application and cloud development infrastructure (including but not limited to:

coding, configuration, project management (utilizing methodologies such as agile and waterfall), business requirements analysis and documentation, quality assurance and testing, change control/change management, source control, secure coding, application development lifecycle, IT training (products and vendors such as but not limited to:

Microsoft, Drupal and GitHub).

Term contracts contain no dollar value and do not oblige the vendor to provide goods or services, or ESD to render payment, unless and until a work order is issued.

h. Mobile device products, infrastructure, and services (products and vendors such as but not limited to: iPads, laptops, tablets, cellular service, phones, MiFi devices, by vendors including but not limited to: Apple, Verizon, AT&T, Lenovo, HP, IBM, Dell, Chromebook).

i. Secure data collection infrastructure and tools for PDF and web-based forms (products and vendors such as but not limited to: Form Router, Adobe, and Kofax).

j. Audio/Visual (AV), VoIP, video and web conferencing systems infrastructure hosting, and onsite audio/video recording and streaming services (products and vendors such as but not limited to: Polycom, Zoom, Webex, ClickShare, BlueJeans, MS Teams, YouTube).

k. Desktop PC products, infrastructure, device management, monitoring, and endpoint administration tools (e.g., ManageEngine) (products and vendors such as but not limited to: Dell, Apple, IBM, HP, Lenovo and Microsoft).

l. General software and IT services such as Helpdesk (products and vendors such as but not limited to: Zendesk, peripherals, MailChimp, Survey Monkey, Granicus, Monday.com, Ziflow, Smartsheet, Dropbox, DocuSign, Smart Draw, Smart PC, Submittable, WizeHive, Miro, Pluralsight, Jira, ClickUp, Google Workspace, Calendly, EasyFile, Keeper, and other similar tools).

m. Communications and infrastructure services, including but not limited to high-speed internet, voice services, telecommunications, cloud connectivity, and gateway services.

n. Infrastructure deployment and operational support services, including but not limited to rack and stack of equipment, installation and configuration of network devices, and “remote hands” support for third-party vendors and ESD.

o. Removal, decommissioning, and secure destruction of outdated hardware, including but not limited to servers, personal computers, laptops, network equipment, storage devices, cabling, and related infrastructure, in accordance with applicable security and environmental standards.

p. General Audio-Visual Integration services, encompassing all aspects of a project from cradle to grave. This includes but is not limited to the procurement of equipment; room design;

installation and monitoring of equipment and furniture; as well as maintenance and support agreements post project completion.

q. Messenger and/or specialized delivery services.

r. HVAC services.

V. SCHEDULE OF DATES

It is anticipated that a contract will be awarded in response to this RFP based on the following schedule:

Release of RFP 6/29/26

Deadline for Submission of Questions 7/8/26

Deadline for ESD to Respond to Questions 7/21/26

Submission of Proposals (date and time) 8/7/26

Interviews (if necessary) TBD

Please note, the Corporation reserves the right to change any of the dates stated in this RFP.

REQUIRED PROPOSAL CONTENTS

ESD reserves the right, in its sole discretion, to reject any Proposal that is deemed incomplete or unresponsive to the RFP requirements. ESD also reserves the right, in its sole discretion, to reject any and all Proposals for any reason or for no reason, and to proceed (or not proceed) with the Project (either by itself or in conjunction with one or more third-parties without completing this RFP process).

In evaluating the capabilities of the Respondent, ESD may utilize any and all information available (including information not provided by the Respondent). Proposals should clearly and concisely state the unique capabilities, experience, and advantages of the Respondent, and demonstrate the Respondent’s capability to satisfy the requirements and objectives set forth in this RFP. ESD further reserves the right to ask additional written or oral clarifying questions to all Respondents or to a subset of Respondents.

A. Respondent Information

Below is a listing of the technical information to be provided by the Bidder. No information is required beyond what is specifically requested. The Corporation requests that all Technical Proposals be bound and organized with dividers identified to match the specific information requested below:

1. Description of Respondent background;

2. Description of Respondent areas of specialty, highlighting capabilities or solutions that are unique or noteworthy;

3. Three (3) references;

4. Certification of all products mentioned in the Scope of Work.

B. Technical Proposal

Following is a listing of the information required to be provided by the proposer. A technical proposal that does not provide all the information requested below may be subject to rejection. Provide the information in the same order in which it is requested. Your technical proposal must contain sufficient information to assure ESD of its accuracy.

1. Provide a separate numbered section corresponding with each item listed in the Scope of Work documenting the firm’s qualifications in the respective area. If you are not seeking consideration for a particular item, include a numbered section and indicate that no response is being provided.

2. Provide a description of the firm’s experience providing similar goods and services including recent relevant project experience to the public and private sector. Include the names, titles and phone numbers of at least three (3) references excluding ESD employees for whom similar services have been provided and a summary of the services provided.

3. The proposer must agree to provide ESD with pre and post-audit access to documents, personnel and other information necessary to conduct audits on request during the term of the Contract and for six years thereafter.

4. The proposal submitted must contain a representation that the proposer is willing and ready to provide any good and services requested or required in a timely manner.

5. Disclose any potential conflicts of interest.

6. Note any special certifications relevant to this RFP that your firm or proposed staff may possess, and outline opportunities that consulting staff have to keep skills current.

C. Cost Proposal

Provide a “Cost Proposal” which details the following:

1. Proposed hourly rate for each resource by title, listing hourly rates for each resource that include all costs, excluding out-of-pocket reimbursable expenses related to travel but including overhead and profit;

2. Provide a salary multiplier for any hourly rates specified. This salary multiplier will be used for any specialty resources not specified on the proposal.

3. Identify cost of goods and identify max percentage that ESD will be discounted below retail price of those goods.

a. Rates for these discounts will be a maximum charge for goods. Nothing prevents respondent from offering deals below this rate for volume purchases or as an incentive to purchase. Respondents may not charge above quoted rate.

b. Respondent must show evidence of list price with quote and associated discounts to show calculation of cost.

Please note that ESD will negotiate maximum rates and set discounts for any selected participants.

Each Respondent is required to submit a Proposal that includes the below required contents:

VI. SELECTION CRITERIA

When evaluating proposals, the following weighted Selection Criteria will be considered:

Technical Approach (30 points): Proposals will be evaluated on the quality and completeness of the proposed approach, and its conformance to the items detailed in the Scope of Work.

The Cost Proposal (20 points): This will be scored to the degree the cost proposal is in compliance with market rates for such work, and to the degree the costs are right-sized to the full implementation of the project.

Experience (30 points): Proposals will be evaluated based on the expertise of the Respondent and team members and demonstrated engagements with the hardware and software utilized by ESD.

Staffing Plan (15 points): Proposals will be evaluated on the degree to which it is evidenced that the proposed staff members hold the necessary credentials, and that the proposed team is sufficient to complete the project on time.

Quantitative Factor (5 pts): ESD will award 5 points to Respondents that are certified Minority or Women-owned Business Enterprises (MWBEs) as defined in section three hundred ten of the New York State Executive Law or Service-Disabled Veteran-owned Business Enterprises (“SDVOBs”) as defined in Article 3 of the NYS Veterans’ Services Law.

In order to be awarded points pursuant to the Quantitative Factor, the Respondent must identify itself as an MWBE or SDVOB by providing the Respondent firm’s current MWBE and/or SDVOB certificate issued by New York State. Respondents identifying themselves as MWBEs must be listed in the directory of New York State-certified MWBEs (“MWBE Directory”) as of the closing of the period for responses to this RFP. The MWBE Directory is available at: https://ny.newnycontracts.com. Respondents identifying themselves as SDVOBs must be listed in the directory of New York State-certified SDVOBs (“SDVOB Directory”) as of the closing of the period for responses to this RFP. The SDVOB Directory is available at https://sdves.ogs.ny.gov/businesssearch.

https://ny.newnycontracts.com/ https://sdves.ogs.ny.gov/businesssearch

ESD reserves the right to conduct interviews with and/or pose questions in writing to individual Respondents in order to clarify the content of their Proposal and to ensure a full and complete understanding of each Proposal. ESD shall endeavor to pursue uniformity in the questions it asks the Respondents to the extent practicable, but ESD may ask different or additional questions to each Respondent in the context of any individual interview or in writing.

Reference Checks ESD reserves the right to determine, in its sole discretion, whether reference checks for one or more of the Respondents will be necessary. Information provided by references may be used by the Corporation for proposal evaluation purposes. The Corporation may seek additional information from references regarding subjects that include, but are not limited to, the quality of services provided, anticipated ability to perform the services required in this RFP, and the responsiveness of the Respondent to the client during the engagement. The Corporation reserves the right to deploy, at its sole discretion, a variety of methods and communication approaches to contact references, depending on what the Corporation deems to be the most effective and efficient manner.

VII. SUBMISSION OF PROPOSALS

Every Respondent should submit a proposal which clearly and concisely provides all of the information requested. Emphasis should be concentrated on conformance to the RFP instructions and requirements, as well as completeness and clarity in its proposal response. The Respondent is advised to thoroughly read and follow all instructions contained in this RFP. Proposals that do not comply with these instructions or do not meet the full intent of all the requirements of this RFP may be subject to scoring reductions during the evaluation process or may be deemed non-responsive.

i. Technical Proposal Below is a listing of the technical information to be provided by the Respondent. No information is required beyond what is specifically requested. The Corporation requests that all Technical Proposals be organized with bookmarks identified to match the specific information requested below:

A. Cover page (including Respondent’s contact information) B. Table of Contents C. Firm Experience and Qualifications D. Staff Experience and Qualifications E. Project Plan and Approach F. Cost of Services

The purpose of the Technical Proposal is to provide Respondents with an opportunity to demonstrate their qualifications, competence, and capacity to undertake the engagement described herein, in a manner which complies with applicable laws and regulations, and the requirements of the RFP.

ii. Administrative Proposal Schedule A of this RFP states standard requirements that must be included in every contract entered into with the Corporation. The successful Respondent must agree to abide by these requirements and provide any information requested by the Corporation in connection with these requirements. Accordingly, Respondents should complete and submit the items listed below, in the order in which they are listed. Failure to submit any of the requirements below may result in the rejection of a Respondent’s proposal.

i. Non-Collusive Bidding Certification (https://esd.ny.gov/sites/default/files/media/document/NonCollusiveBiddingCertification6 -13-25.pdf)

ii. Conflict of Interest Attestation (https://esd.ny.gov/sites/default/files/Conflict-of-Interest-Attestation-June-2019.pdf)

iii. State Finance Law §§139-j and 139-k forms (https://esd.ny.gov/sites/default/files/media/document/SF-Law139-JK-2025.pdf)

iv. Vendor Responsibility Questionnaire (https://www.osc.ny.gov/state-vendors/vendrep/file-your-vendor-responsibility-questionnaire?redirect=legacy)

v. Iran Divestment Act Statement (https://esd.ny.gov/sites/default/files/media/document/IranDivestmentActLanguage0522 25.pdf)

vi. Executive Order 16 Certification (https://esd.ny.gov/sites/default/files/EO16-certification.pdf)

vii. Executive Order 177 Certification (https://esd.ny.gov/sites/default/files/EO-177-Certification.pdf)

viii. Compliance with State Finance Law §§139-m forms (https://esd.ny.gov/sites/default/files/media/document/GBVandtheWorkplacePolicyAttest ationTemplate-103125.pdf)

ix. Non-Discrimination and Contractor & Supplier Diversity Requirements o OCSD-1 - MWBE and SDVOB Participation / EEO Policy Statement

(https://esd.ny.gov/sites/default/files/OCSD-1-Policy-Statement.pdf) o OCSD-2 - Staffing Plan

(https://esd.ny.gov/sites/default/files/media/document/OCSD-2-Staffing-Plan- May%202026.xlsx)

x. Encouraging the Use of NYS Businesses in Contract Performance Form (https://esd.ny.gov/sites/default/files/media/document/USEOFNYSBUSINESSES-2025.pdf)

xi. Certification under State Tax Law Section 5-a, Form ST-220-CA (https://esd.ny.gov/sites/default/files/ST220CA.pdf) or Affidavit (https://esd.ny.gov/sites/default/files/media/document/STL5A-Affidavit-2025.pdf)

xii. W-9 Form (https://www.irs.gov/pub/irs-pdf/fw9.pdf) https://esd.ny.gov/sites/default/files/media/document/NonCollusiveBiddingCertification6-13-25.pdf https://esd.ny.gov/sites/default/files/Conflict-of-Interest-Attestation-June-2019.pdf https://esd.ny.gov/CorporateInformation/Data/RFPs/RequiredForms/SF_Law139_JK.pdf https://esd.ny.gov/sites/default/files/media/document/SF-Law139-JK-2025.pdf about:blank https://www.osc.ny.gov/state-vendors/vendrep/file-your-vendor-responsibility-questionnaire?redirect=legacy https://www.osc.ny.gov/state-vendors/vendrep/file-your-vendor-responsibility-questionnaire?redirect=legacy https://esd.ny.gov/sites/default/files/media/document/IranDivestmentActLanguage052225.pdf https://esd.ny.gov/sites/default/files/media/document/IranDivestmentActLanguage052225.pdf https://esd.ny.gov/sites/default/files/EO16-certification.pdf https://esd.ny.gov/sites/default/files/EO-177-Certification.pdf https://esd.ny.gov/sites/default/files/media/document/GBVandtheWorkplacePolicyAttestationTemplate-103125.pdf https://esd.ny.gov/sites/default/files/media/document/GBVandtheWorkplacePolicyAttestationTemplate-103125.pdf https://esd.ny.gov/sites/default/files/OCSD-1-Policy-Statement.pdf https://esd.ny.gov/sites/default/files/media/document/OCSD-2-Staffing-Plan-May%202026.xlsx https://esd.ny.gov/sites/default/files/media/document/OCSD-2-Staffing-Plan-May%202026.xlsx http://www.esd.ny.gov/CorporateInformation/Data/ENCOURAGINGUSEOFNEWYORKSTATEBUSINESSESINCONTRACTPERFORMANCE.pdf https://esd.ny.gov/sites/default/files/media/document/USEOFNYSBUSINESSES-2025.pdf https://esd.ny.gov/sites/default/files/ST220CA.pdf https://esd.ny.gov/sites/default/files/media/document/STL5A-Affidavit-2025.pdf https://www.irs.gov/pub/irs-pdf/fw9.pdf

Additional information about these items, and ESD’s procurement requirements, can be found in Section X of this RFP (“Contractual Requirements”).

iii. Submission of a Complete Two-Part Proposal By submitting a proposal, firms are indicating their acceptance of the conditions in this RFP.

Submission of proposals in a manner other than as described in these instructions (e.g., facsimile, hardcopies, emails) will not be accepted. When submitting each proposal, Respondents must follow the instructions below:

1. Create a main folder using the following naming convention: “company name – RFP title – date of Submission”

a. example: ABDX, Inc. – Template RFP – 1.1.2025

2. Included within the main folder should be two subfolders: one for the Administrative Proposal and one for the Technical Proposal.

3. All documents in these folders should be clearly labeled.

4. Upload the main folder to the Dropbox as follows:

a. Click the following link: https://www.dropbox.com/request/oincxcu0bwqpa1r54naw

Choose the following option: Add Files > Folders from computer.

Proposals deemed to arrive late will not be considered for award.

VIII. QUESTIONS

Questions or requests for clarification regarding the RFP should be submitted via email, citing the RFP page and section, in accordance with the schedule in Section V (Schedule of Dates) to IT-Prequal2026@esd.ny.gov@esd.ny.gov. Questions will not be accepted orally and any question received after the deadline may not be answered. The comprehensive list of questions/requests for clarifications and the official responses will be posted as an Addendum to this RFP.

Respondents are strongly encouraged to review all posted questions and answers, through which ESD may offer clarification regarding sections of the RFP or advise of material changes thereto.

IX. GENERAL PROVISIONS

The issuance of this RFP and the submission of a response by a Respondent or the acceptance of such a response by ESD does not obligate ESD in any manner. ESD reserves the right to:

i. amend, modify or withdraw this RFP;

ii. revise any requirement of this RFP;

iii. require supplemental statements or information from any responsible party;

iv. accept or reject any or all responses hereto;

v. extend the deadline for submission of responses hereto;

https://www.dropbox.com/request/oincxcu0bwqpa1r54naw mailto:XXX@esd.ny.gov

vi. negotiate potential contract terms with any Respondent;

vii. communicate with any Respondent to correct and/or clarify responses which do not conform to the instructions contained herein;

viii. cancel, or reissue in whole or in part, this RFP, if ESD determines in its sole discretion that it is in its best interest to do so; and

ix. extend the term of any agreement on terms consistent with this RFP.

ESD may exercise the foregoing rights at any time without notice and without liability to any responding firm or any other party for its expenses incurred in preparation of responses hereto or otherwise. All costs associated with responding to this RFP will be at the sole cost and expense of the Respondent.

All information submitted in response to this RFP is subject to the Freedom of Information Law (“FOIL”), which generally mandates the disclosure of documents in the possession of ESD upon the request of any person unless the content of the document falls under a specific exemption to disclosure. In addition, Proposals may be discussed at meetings of the ESD Directors, which meetings are subject to the Open Meetings Law.

ESD reserves the right, in its sole discretion, to retain and use all the materials and information, and the ideas and suggestions therein, submitted in response to this solicitation (collectively, the “Response Information”) for any purpose. By submitting a Proposal, each Respondent waives any and all claims against ESD relating to ESD’s retention or use of the Response Information.

Required Approvals

The awarded contract, if any, may be subject to review and approval by the Office of the State Comptroller (“OSC”) pursuant to Public Authorities Law §2879-a and the regulations issued thereunder. Such OSC review and approval may be required of contracts with a value in excess of one million dollars, or modifications to contracts that result in an aggregate value in excess of one million dollars, where such contracts are paid in whole or in part with monies appropriated by the State, or were awarded on a basis other than a competitive procurement (as that term is defined in the law and regulations). If the awarded contract is subject to OSC review and approval, the contract shall not be valid and enforceable, nor shall the Corporation have any liability of any kind arising from or in connection with the contract, unless and until OSC approval has been received.

Performance

The Contractor's performance will be assessed by the Corporation according to the achievement of the Contractor’s contractual obligations in a timely and professional manner, as set forth in the resulting Contract. The Corporation will utilize progress reports and periodic meetings to ensure that the project is carried out on a timely basis and results in effective recommendations and work products.

Contractor warrants that its services shall be performed in accordance with applicable professional standards and that the Contractor shall correct, at no charge to the Corporation, services which fail to meet applicable professional standards and which result in obvious or patent errors in the progression of its work.

Additional Services Requested

The Corporation may, at any time, by written notice, make changes or additions to work or services within the general scope of the contract resulting from this RFP (not to include professional services requiring licenses or specialized expertise such as engineering, architectural, and environmental consulting, abatement, treatment, and testing work) for unanticipated needs.

If any such change or addition causes an increase or decrease in the cost of, or in the time required for, performance of the contract, an equitable adjustment may be made in the price using the billing rates set forth in the contract, and the Contractor shall be notified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of change; provided however, that the Corporation, if it decides that the facts justify such action, may receive and act upon such claim as asserted at any time. Nothing in this clause shall excuse the Contractor from proceeding with this contract as modified.

Contractor Staff

Contractor staff assigned to work on this project shall be subject to approval by the Corporation. It is highly desirable that staff assigned to work on this project continue to work on this project until completion. The Contractor should notify the Corporation of any proposed changes in staff immediately. The Corporation has an absolute right and discretion to approve or disapprove any proposed changes in staff. The Corporation, in each instance, will be provided with a summary of experience of the proposed substitute and an opportunity to interview that person, prior to giving its approval or disapproval; approval shall not be unreasonably withheld.

The Contractor specifically represents and agrees that its members, officers, employees, agents, servants, consultants, shareholders, and subcontractors have and shall possess the experience, knowledge, and character necessary to qualify them individually for the particular duties performed hereunder.

The Agreement resulting from this RFP is intended to secure the professional services of the Contractor because of its ability and shall not be assigned, conveyed, transferred, or disposed of by the Contractor.

The Contractor agrees not to subcontract any of its services, unless as indicated in its proposal, without the prior written approval of the State Project Manager. Approval shall not be unreasonably withheld upon receipt of written request to subcontract. All employees of the Contractor, or of its Subcontractors, who shall perform Services under this contract, shall possess the necessary qualifications, training, licenses, and permits as may be required within the jurisdiction where the Services specified are to be provided or performed, and shall be legally entitled to work in such jurisdiction. All persons, corporations, or other legal entities that perform

Services on behalf of Contractor under the Agreement resulting from this RFP shall, in performing such Services, comply with all applicable Federal and State laws concerning employment in the United States.

X. CONTRACTUAL REQUIREMENTS

This section contains additional information about the forms that are required to be included in each Respondent’s submission pursuant to Section VII of this RFP, as well as information about ESD’s procurement requirements. (For purposes of this Section and the requirements set forth herein, the word “bid” shall mean any submission in response to this RFP, and the word “bidder” shall mean any individual or entity that submits a “bid”).

i. Non-Collusive Bidding Certification

In accordance with Section 2878 of the New York State Public Authorities Law, all bidders must certify that they have not colluded with any other Respondents in their proposal.

The required certification can be found at:

https://esd.ny.gov/sites/default/files/media/document/NonCollusiveBiddingCertification6-13- 25.pdf and must be completed and included in all proposals.

ii. Conflicts of Interest

Respondent must attest it has read, understood and will comply with the following provisions https://esd.ny.gov/sites/default/files/Conflict-of-Interest-Attestation-June-2019.pdf. ESD may disqualify any Respondent to this RFP or terminate any contract entered into as a result of this RFP should ESD determine that the Respondent has violated any of these requirements.

A. Gifts and Offers of Employment: Respondent has not and shall not during this procurement and during the negotiation of any contract resulting from this procurement, offer to any employee, member or director of ESD, any gift, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or in any other form, under circumstances in which it could reasonably be inferred that the offer was intended to influence said employee, member or director, or could reasonably be expected to influence said employee, member or director, in the performance of the official duty of said employee, member or director or was intended as a reward for any official action on the part of said employee, member or director.

Respondent may not make any offers of employment or discuss the possibility of such offers with any employee, member or director of ESD who is involved in this procurement and/or resulting contract negotiation within at least 30 days from the time that the employee’s involvement in this matter closed.

B. Disclosure of Potential Conflicts: Respondent shall disclose any existing or contemplated relationship with any other person or entity, including relationships with https://esd.ny.gov/sites/default/files/media/document/NonCollusiveBiddingCertification6-13-25.pdf https://esd.ny.gov/sites/default/files/Conflict-of-Interest-Attestation-June-2019.pdf 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/employers of the Respondent or former officers and employees of ESD, in connection with your rendering services enumerated in this RFP. If a conflict does or might exist, Respondent must describe how it would eliminate or prevent it.

C. Disclosure of Ethics Investigations: Respondent must disclose whether it, or any of its members, shareholders of 5% or more, parents, affiliates, or subsidiaries, have been the subject of any ongoing investigation or disciplinary action by the New York State Commission on Ethics and Lobbying in Government or its predecessor State entities (collectively, “Commission”), and if so, a description must be included indicating how any matter before the Commission was resolved or whether it remains unresolved.

iii. State Finance Law Sections 139-j and 139-k forms

State Finance Law Sections 139-j and 139-k (collectively, the “Procurement Requirements”) apply to this RFP. These Procurement Requirements: (1) govern permissible communications between potential Respondents and ESD or other involved governmental entities with respect to this RFP;

(2) provide for increased disclosure in the public procurement process through identification of persons or organizations whose function is to influence procurement contracts, public works agreements and real property transactions; and (3) establish sanctions for knowing and willful violations of the provisions of the Procurement Requirements, including disqualification from eligibility for an award of any contract pursuant to this RFP. Compliance with the Procurement Requirements requires that all communications regarding this RFP, from the time of its issuance through final award and execution of any resulting contract (the “Restricted Period”), be conducted only with the designated contact persons listed above; the completion by Respondents of the Offeror Disclosure of Prior Non-Responsibility Determinations, and the Offeror’s Affirmation of Understanding and Agreement pursuant to State Finance Law; and periodic updating of such forms during the term of any contract resulting from this RFP.

Respondents must submit the Offeror Disclosure of Prior Non-Responsibility Determinations, and the Offeror’s Affirmation of Understanding and Agreement pursuant to State Finance Law as part of their submittal. Copies of these forms are available at:

https://esd.ny.gov/sites/default/files/media/document/SF-Law139-JK-2025.pdf.

The Procurement Requirements also require ESD staff to obtain and report certain information when contacted by Respondents during the Restricted Period, make a determination of the responsibility of Respondents and make all such information publicly available in accordance with applicable law. If a Respondent is found to have knowingly and willfully violated the State Finance Law provisions, that Respondent and its subsidiaries, related or successor entities will be determined to be a non-responsible Respondent and will not be awarded any contract issued pursuant to this solicitation. In addition, two such findings of non-responsibility within a four-year period can result in debarment from obtaining any New York State governmental procurement contract. The designated contact account for this solicitation is referenced on the cover of this

RFP.

https://esd.ny.gov/sites/default/files/media/document/SF-Law139-JK-2025.pdf

This is not a complete presentation of the provisions of the Procurement Requirements. All potential Respondents are solely responsible for full compliance with the Procurement Requirements. Both the prime consultant and any sub-consultants complete the forms required above.

iv. Vendor Responsibility Questionnaire All Respondents to this RFP must be “responsible,” which in this context means that they must have the requisite financial ability, organizational capacity and legal authority to carry out its obligations under this RFP, and in addition must demonstrate that both the Respondent and its principals have and will maintain the level of integrity needed to contract with New York State entities such as ESD. Further, the Respondent must show satisfactory performance of all prior government contracts. Accordingly, the contract to be entered into between ESD and the Respondent, if any, shall include clauses providing that the Respondent remain “responsible” throughout the term of the contract, that ESD may suspend the contract if information is discovered that calls into question the responsibility of the contracting party, and that ESD may terminate the contract based on a determination that the contracting party is non-responsible. On request, model language to this effect will be provided to any Respondent to this RFP.

To assist in the determination of responsibility, ESD requires that all Respondents register in the State's Vendor Responsibility System (“Vend-Rep System”). The Vend-Rep System allows business entities to enter and maintain their Vendor Responsibility Questionnaire information in a secure, centralized database. New York State Procurement Law requires that state agencies award contracts only to responsible vendors. Respondents are to file the required Vendor Responsibility Questionnaire online via the Vend-Rep System or may choose to complete and submit a paper questionnaire. Please include a copy of your Vend-Rep submission receipt or paper questionnaire with your proposal. Your Vendor Responsibility Questionnaire must have been completed within one year of submission of your proposal.

To enroll in and use the Vend-Rep System, please visit: www.osc.state.ny.us/vendrep. For direct Vend-Rep System user assistance, the Office of the State Comptroller’s Help Desk may be reached at 866-370-4672 or 518-408-4672 or by email at itservicedesk@osc.state.ny.us.

Respondents opting to file a paper questionnaire can obtain the appropriate questionnaire from the Vend-Rep website (http://www.osc.state.ny.us/vendrep/forms_vendor.htm) and execute accordingly pertaining to the company’s trade industry. Bidders are required to complete the questionnaire which best matches the business activity (either “Construction” or “Non- Construction”) and business type (either “For-Profit” or “Not-for-Profit”) from the four (4) available options.

In addition, please see link to EO-192: https://ogs.ny.gov/system/files/documents/2021/09/eo- 192-vendor-integrity_0.pdf.

http://www.osc.state.ny.us/vendrep mailto:helpdesk@osc.state.ny.us http://www.osc.state.ny.us/vendrep/forms_vendor.htm https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fogs.ny.gov%2Fsystem%2Ffiles%2Fdocuments%2F2021%2F09%2Feo-192-vendor-integrity_0.pdf&data=05%7C02%7CJordan.Kaplan%40esd.ny.gov%7C024d9f36334d40b128cc08dd8337a7de%7Cf46cb8ea79004d108ceb80e8c1c81ee7%7C0%7C0%7C638810997238635190%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=xW%2BVGM5GRyjQ0ZgzCVUF8sdvpkSTAOzMrYy3jDPUlYA%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fogs.ny.gov%2Fsystem%2Ffiles%2Fdocuments%2F2021%2F09%2Feo-192-vendor-integrity_0.pdf&data=05%7C02%7CJordan.Kaplan%40esd.ny.gov%7C024d9f36334d40b128cc08dd8337a7de%7Cf46cb8ea79004d108ceb80e8c1c81ee7%7C0%7C0%7C638810997238635190%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=xW%2BVGM5GRyjQ0ZgzCVUF8sdvpkSTAOzMrYy3jDPUlYA%3D&reserved=0

v. Iran Divestment Act Every Proposal made to ESD pursuant to a competitive solicitation must contain the following statement, signed by the Respondent on company letterhead and affirmed as true under 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 to the best of its knowledge and belief that each bidder is not on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the State Finance Law."

The list in question is maintained by the Office of General Services. For further information and to view this list please go to: https://ogs.ny.gov/iran-divestment-act-2012.

vi. Executive Order 16 In accordance with New York State Executive Order 16 (“EO-16”), all bidders must certify that they are in compliance with EO-16 prohibiting State Agencies and Authorities from Contracting with Businesses in Russia. EO-16 will remain in effect while sanctions imposed by the federal government are in effect.

"By submission of a 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 to the best of its knowledge and belief that each bidder is in compliance with EO-16.”

The required certification can be found at:

https://esd.ny.gov/sites/default/files/EO16-certification.pdf and must be signed and included in all Proposals.

vii. Executive Order 177 In accordance with New York State Executive Order 177, all bidders must certify that they are in compliance with the New York State Human Rights Law which prohibits discrimination and harassment based on a protected class, and which requires reasonable accommodation for persons with disability or pregnancy related conditions.

The required certification can be found at:

https://esd.ny.gov/sites/default/files/EO-177-Certification.pdf and must be signed and included in all Proposals.

https://ogs.ny.gov/iran-divestment-act-2012 https://esd.ny.gov/sites/default/files/EO16-certification.pdf https://esd.ny.gov/sites/default/files/EO-177-Certification.pdf

viii. Compliance with State Finance Law Section 139-m

Section 139-m of the New York State Finance Law requires that all vendors bidding or otherwise submitting a proposal for a competitive procurement must implement and attest (via written certification) to a Gender-Based Violence and the Workplace policy. This policy must be in place at the time for bid or proposal submission set forth in Section V above for a bid or submission to be considered.

The model policy published by the New York State Office for the Prevention of Domestic Violence can be found at: opdv-gbv-workplace-bidder-model-policy_2025.08.28_0.pdf. The required Gender-Based Violence and the Workplace Certification can be found at:

https://esd.ny.gov/sites/default/files/media/document/GBVandtheWorkplacePolicyAttestationTe mplate-103125.pdf and must be signed and included with all bids, proposals or other submissions.

ix. Non-Discrimination and Contractor & Supplier Diversity Requirements

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

Pursuant to New York State Executive Law Article 15-A and Parts 140-147 of Title 5 of the New York Codes, Rules and Regulations, ESD is required to promote opportunities for the maximum feasible participation of New York State certified Minority and Women-owned Business Enterprises (“MWBEs”) and the employment of minority group members and women in the performance of ESD contracts.

Business Participation Opportunities for MWBEs ESD has an agency-wide overall goal of 30% for MWBE participation, 15% for New York State certified Minority-owned Business Enterprise (“MBE”) participation and 15% for New York State certified Women-owned Business Enterprise (“WBE”) participation (based on the current availability of MBEs and WBEs). For contracts entered into as a result of this solicitation, ESD may establish a goal for MWBE participation based on the scope of work and project description identified in the RFP response. Such contracts may set forth additional requirements that will encourage business participation opportunities for MWBEs. A contractor (“Contractor”) on any contract resulting from this procurement (“Contract”) must document its good faith efforts to provide meaningful participation by MWBEs as subcontractors and suppliers in the performance of the Contract. To that end, by submitting a response to this RFP, the Respondent agrees that ESD may withhold payment pursuant to any Contract awarded as a result of this RFP pending receipt of the required MWBE documentation. The directory of MWBEs can be viewed at:

https://ny.newnycontracts.com. For guidance on how ESD will evaluate a Contractor’s “good faith efforts,” refer to 5 NYCRR § 142.8.

https://opdv.ny.gov/system/files/documents/2025/08/opdv-gbv-workplace-bidder-model-policy_2025.08.28_0.pdf https://esd.ny.gov/sites/default/files/media/document/GBVandtheWorkplacePolicyAttestationTemplate-103125.pdf https://esd.ny.gov/sites/default/files/media/document/GBVandtheWorkplacePolicyAttestationTemplate-103125.pdf

The Respondent understands that only sums paid to MWBEs for the performance of a commercially useful function, as that term is defined in 5 NYCRR § 140.1, may be applied towards the achievement of the applicable MWBE participation goal. The portion of a contract with an MWBE serving as a broker that shall be deemed to represent the commercially useful function performed by the MWBE shall be 25 percent of the total value of the contract.

In accordance with 5 NYCRR § 142.13, the Respondent further acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in a Contract resulting from this RFP, such finding constitutes a breach of contract and ESD may withhold payment as liquidated damages.

Such liquidated damages shall be calculated up to an amount equaling the difference between: (1) all sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and (2) all sums actually paid to MWBEs for work performed or materials supplied under the Contract.

By submitting a proposal, a Respondent agrees to demonstrate its good faith efforts to achieve the applicable MWBE participation goals by submitting evidence thereof through the New York State Contract System (“NYSCS”), which can be viewed at https://ny.newnycontracts.com, provided, however, that a Respondent may arrange to provide such evidence via a non-electronic method by contacting the Office of Contractor and Supplier Diversity (“OCSD”) at OCSD@esd.ny.gov.

Additionally, a Respondent will be required to submit the following documents and information as evidence of compliance with the foregoing:

A. An MWBE Utilization Plan with their proposal. Any modifications or changes to an accepted MWBE Utilization Plan after the Contract award and during the term of the Contract must be reported on a revised MWBE Utilization Plan and submitted to ESD for review and approval.