Request for Qualifications ESU-24-04.docx

Empire State Center

SUNY Empire State University 2 Union Avenue, Saratoga, N.Y. 12866 Atten: Diane J. Conard

Table of Contents

Request for Qualifications

SUNY Empire State University is seeking Statement of Qualifications (SOQ) from consultants to provide Design and Construction Administration Services for this project. Interested firms must provide a Statement of Qualifications that is clear, concise, and Formatted as noted below. The SOQ should describe respondent’s specific understanding of and its ability to meet the requirements of the project.

This project involves renovation of approximately half (1/2) of our existing our office space, in our building located at 111 West Avenue in Saratoga Springs, to provide a conference center with a catering kitchen, new bathrooms and movable partitions to provide flexible room sizes. The project will include:

· modifications to existing office space to remain to provide complete sound separation from the new conference space including floor plan changes and adding ceilings;

· modifications to HVAC and lighting systems to address temperature variations, lighting controls and floor plan changes

· demolition of existing walls on a raised floor and renovation of print shop area which is at a lower floor level at the rear of the building

· exterior wall modification to provide new loading area.

Instructions

Proposals are due by March 15, 2024, the Offeror must:

1. Prepare a clearly readable document. Attach all required information.

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

3. Sign the qualifications submittal. By signing the Offeror indicates full knowledge and acceptance of this Request for Qualifications (RFQ) including Exhibits A and A-1. The proposal must be completed in the name of the proposer, corporate or otherwise, and must be fully and properly executed by an authorized person.

4. Submit one (1) bound original submissions and one (1) flash drive containing PDF copies of your firm’s complete Statement of Qualifications in the format indicated in this Request for Qualifications (RFQ), one of which must have original signatures.

The FLASH DRIVE holders must be labeled as follows:

Proposals are to be addressed to:

Diane J. Conard Capital Program Manager Office of Administration and Finance SUNY Empire State University 2 Union Avenue, Saratoga, N.Y. 12866 E-Mail: diane.conard@sunyempire.edu

Phone: (518) 581-2241

5. Qualifications must be received by Diane Conard by the due date and time listed above. Offerors mailing their qualifications must allow sufficient time to ensure receipt of their proposals by the time specified. Electronically transmitted qualifications will not be accepted.

6. No cost proposals are to be submitted with the qualifications. Cost proposals will be requested only after a consultant selection is made.

Format of Proposal and Statement of Qualifications It is the intent of SUNY Empire State University to evaluate the responses to this RFQ and to select a consultant as expeditiously as possible. In order to expedite this evaluation, responses to this RFQ should address the following items and must be presented in the order listed:

1. A brief cover letter stating that your firm has reviewed the RFQ and is submitting your qualifications for review. The cover letter must state any exceptions to the RFQ and have the original signature of an officer of the company.

2. Listing of the consultant's staff, and that of any sub-consultants, who comprise the team which will work with SUNY Empire State University. The listing must identify M/WBE firms that are included in the team and each firm’s estimated percentage of participation and may be submitted on Sub-consultant staffing list 7555-15 - Sub-Consultant Staffing List - Architecture and Engineering. (See 8. Below) Provide a brief description of relevant experience for each individual. This information may be submitted in the form of an organizational chart for the consultant’s team. Resumes will be provided in section 5;

3. Consultant's Questionnaire, completed for the prime consultant and each major sub consultant, addressing items 1 through 9 in the two-page format provided (the questionnaire may exceed two pages but should not be more than three in order to appropriately list responses). Responses to questions 6 and 7 should be inserted in space after each item and should include only the project name, brief description, construction cost, completion date and the percentage your design member devoted to that project. More detailed information will be provided in section 4. It is mandatory that each question be answered at this point in the submission. It is NOT permissible to present the Questionnaire in a form other than that provided. Please note that the Consultant's Questionnaire is required by SUNY regulations and must be submitted;

4. Photographs and/or other graphic information of completed projects similar to the subject of this RFQ and as listed in the Consultant Questionnaire, item 6.

5. Resumes of individuals with similar projects clearly identified and acknowledgement, where appropriate, if those projects were completed while under the employ of another firm, as listed in the Consultant Questionnaire, item 5.

6. Any additional relevant material describing the experience and qualifications of the consultant and the team.

7. Proof of current Firm’s Certificate of Authorization and Individual’s Licenses, issued by NYS Education Department, Office of the Professions, for all assigned personnel required to be so licensed in accordance with New York State Education Law 145 §7210 must be attached.

8. State University of New York Sub-consultant Staffing List – Architecture and Engineering, Form 7555-15. This sub-consultant staffing list shall include the percent of work to be completed by each sub-consultant and indicate whether or not each sub-consultant is a Minority or Women Owned Business. And Form 7557-104 EEO Policy Statement Utilization plans.

9. State Finance Law§§139-j and 139-k form, including completed certification.

Failure to provide the requested information may disqualify a firm from consideration. Failure to follow the above format may be considered in the evaluation of the responsiveness of the submission.

Pre Bid Meeting Pre-Bid meetings and building walk-throughs will be scheduled upon request.

RFQ Process and Evaluation Criteria Under the provisions of State Finance Law Section 136a, consultant contracts for architect, engineering, and surveying services required to be awarded to the most qualified firm.

NOTE: This section of the RFQ is provided to inform the Consultants with how Qualifications packages/proposals will be evaluated and the factors considered. In accordance with State Finance Law, the university will negotiate Fees with the consulting firm who ranks the highest as a result of the evaluation process.

A panel of University officials will evaluate Qualifications packages/proposals. The criteria to be used to evaluate Qualifications packages/proposals are listed below, along with their respective weights (weights are listed in parentheses). The evaluation of Qualification packages/proposals will include consideration of responses to the criteria listed below. To be considered responsive, a Consultant must submit a complete Qualification package/proposal that satisfies and addresses all weighted criteria listed below and all requirements stated herein. A Qualification package/proposal which fails to address all the weighted criteria listed below and all requirements stated herein may be considered NON-RESPONSIVE and may be disqualified.

In addition, the University reserves the right to review the Consultants’ vendor responsibility questionnaire and any adverse findings from this research could lead to disqualification. Consultants must specifically address all criteria in their response.

The weighted criteria for this RFQ are as follows:

Firm Qualifications and Experience (20 Pts.)

1. The consultant’s overall depth of professional staff relative to the specific project scope.

1. The consultant’s experience on publicly bid work.

1. The consultant’s experience on SUNY Empire State University campus.

1. The consultant’s responsiveness to client comments.

1. The consultant’s experience in construction administration.

1. The consultant’s experience with applicable codes.

1. The consultant’s ability to coordinate and document work of multiple trades.

1. The consultant’s familiarity with the construction market.

Personnel Qualifications and Experience (20 Pts.)

1. The specific background of potential consultant personnel in the context of the outlined project scope; professional experience; proposed extent of participation in the project.

1. The potential sub-consultants of the prime in the context of the outlined project scope; formal reporting lines of team in proposed organization chart.

1. The overall design ability of potential consultant personnel (versus the nature and scope of the project.)

Previous Experience with Work Specific to Project Scope (20 Pts.)

1. The consultant’s direct previous experience on projects of similar size, scope and features as those required on this project.

1. The consultant’s previous experience on campus contexts, standards and systems.

1. The consultant’s familiarity with community requirements or other special requirements (i.e., SEQRA review).

Approach & Capability (20 Pts.)

1. The consultant’s proposed approach to the specific project scope (if interviewed).

1. The consultant’s approach and demonstrated ability to adhere to the schedule; current and projected workload.

1. The consultant’s approach and demonstrated ability to provide complete deliverables for each phase.

1. The consultant’s approach and demonstrated ability to manage potential sub-consultants.

1. The consultant’s approach and demonstrated ability to provide a good faith effort to provide opportunity to M/WBE firms.

1. The consultant’s approach and demonstrated ability to provide design options for the project scope and ensure high quality, properly coordinated construction documents (if interviewed).

1. The consultant’s approach and demonstrated ability to provide a constructible design using strategies that ensure campus expectations on users’ needs and requirements for timeline, quality, cost and aesthetics will be met.

1. The consultant’s approach and demonstrated ability to keep its cost estimate within the Project Budget.

1. The consultant’s approach and demonstrated ability to work with SUNY’s standard contract terms and directives.

MWBE Utilization (10 Pts.)

The consultant’s approach and demonstrated ability to provide a good faith effort to provide opportunity to M/WBE firms.

1. The consultant’s inclusion of M/WBE sub-consultants with meaningful participation on the project.

1. The consultant’s experience entering into partnerships, joint ventures, or other business arrangements with M/WBE businesses.

1. The consultant’s experience attaining M/WBE participation on NYS contracts.

References (10 Pts.)

1. Feedback from consultant’s clients on projects with similar scope of services.

1. Feedback from SUNY professionals for projects that the consultant has completed or is currently engaged in with SUNY.

References

Please submit a minimum of five (5) references, who can attest to the firm’s successful track record with respect to similar projects identified, which should include the point of contact, name of firm, address, phone number and title and year of project(s) completed.

Additional Information

NONE

Scope of Services Background Empire State University operates locations across the State of New York, including seven buildings in Saratoga Springs. Our 111 West Avenue location is the University’s main hub for state-wide student services.

The building at 111 West Ave. was constructed in 1993 by Grand Union. The 51,977 GSF building’s construction includes CMU exterior walls with a steel frame system of roof joists and columns. In 2003, Suny Empire purchased and rehabilitated the property. The “front” 29,615 GSF, was renovated into office space, conference rooms, and reception and the “rear” was warehouse type space comprising storage, print shop, bookstore and mail room. Since 2004, a variety of renovations have been completed. Part of the rear warehouse was renovated into offices. The exterior façade was renovated to provide windows allowing sunlight to penetrate farther into the interior. The interior was renovated to address sound and HVAC issues, as well as, to upgrade lighting devices. All project drawings and documents will be available to the selected firm.

The “front” area includes a 12” raised floor system with metal stud/sheetrock walls. Some offices have drop ceilings and some are open. The HVAC includes heat pumps and an under-floor duct system. The “rear” is concrete floor and metal stud/sheetrock walls. There is a two-hour rated partition between the two areas. The current office space, designed and rehabilitated in 2003 and constructed within the original building envelope, is a combination of rooms with and without ceilings on a raised floor system. The clear area between the roof joists and the floor is approximately 20 feet.

PROJECT OVERVIEW:

111 West Conference Center PHASE 1:

Founded in 1971 as the innovative campus of the State University of New York, Empire State University has decades of experience providing educational access through online teaching and learning, individualized instruction, mentoring, and prior learning assessment. We are SUNY’s leading online institution and New York state’s only public online institution. Statewide conferences for our students, faculty, and staff are typically held in Saratoga Springs.

The proposed conference center at Empire State University will be a strategic investment that aligns with SUNY’s focus on economic development and with Empire State University’s four strategic priorities: student success, academic and inclusive excellence, organizational effectiveness, and raising our public profile.

The center will foster innovation, collaboration, and knowledge sharing. It will serve as a hub of intellectual discourse in Saratoga County, bringing together academics, students, businesses, and professionals to share insights, cultivate partnerships, and contribute to the local community and economy.

PROJECT INTENT:

The project will include renovating approximately 20,000 SF of the buildings’ 52,000 GSF into a conference center with a large meeting room, smaller expandable meeting rooms, a kitchen and additional bathrooms. The new space will reduce the need for renting outside space and allow for the university’s community to meet together in Saratoga, the university’s headquarters.

Available Data

1993 - Original Construction Drawings (Grand Union)– a few are missing 2003 - Contract Documents for Renovations – SUNY Empire’s original move in project 2016 - ESC Business Process (One-Stop) Study 2016 - Haz-Mat Survey (NO asbestos found) 2016 – Façade Renovation Project Drawings (401005) 2017 - Rehab Interior & HVAC Systems (401007) 2018 – Rehab Interior & Replace Lighting (401010) Scope of Services The services indicated below shall include, but not be limited to the following:

PROGRAM STUDY:

The University has completed a Program Study and will be available to the Selected Firm

SCHEMATIC DESIGN:

a. Preparation, submission and presentation to the University of the architectural concept of the Project (Schematic Approach) to illustrate the fundamental character of one or more design concepts which satisfy the basic program requirements of the Project, including but not limited to, preparation of sketches in plan of the Project.

b. Preparation and submission to the University for its approval of a Schematic Design Report, which shall include, but not be limited to:

1. Such graphic material, code analysis, and information as is necessary to fully illustrate the proposed design and the construction materials of the Project and the relationship of the Project to other projects on the campus, either existing or proposed, and such other factors that may affect the design of the Project or otherwise involve or relate to the Project.

2. Engineering reports analyzing and economically justifying the proposed structural, mechanical, electrical and other technical systems included in the Project.

3. A cost estimate, hereinafter referred to as the "Schematic Cost Estimate", of sufficient detail to indicate that the proposed design can be constructed within the limitations of the Program Budget.

DESIGN DEVELOPMENT AND CONSTRUCTION DOCUMENTS PHASE SERVICES:

The consultant will provide the balance of services as described in the standard SUNY consultant agreement as follows:

1. Preparation of contract documents suitable for bidding of the construction by SUNY Empire State University.

0. Progress submission of Contract Documents at 65% completion, including drawings, specifications, updated cost estimate, and updated project schedule, for review by University.

0. Progress submission of Contract Documents at 100% completion, including drawings, specifications, updated cost estimate, and updated project schedule, for review by University.

0. Preparation of Project Manual, specifications, and drawings for bidding.

1. A full and complete set of bid documents, including but not limited to project manual, specifications and drawings shall be provided by the Consultant to the University. Electronic and a maximum of three (3) paper sets are required.

1. Bid documents will be reproduced and distributed by the Consultant. The Consultant will be available during bidding to respond to questions and to prepare any required addenda.

1. Update and refine the project estimate and schedule.

CONSTRUCTION PHASE:

This RFQ and proposed contract DOES NOT include Construction Phase Services

Program Budget The Estimated Construction Budget: $12 million dollars.

Basic Design Fee Fee shall be negotiated with the most qualified consultant.

Subconsultant Staffing The consultant shall provide a subconsultant staffing list for the project using Form 7555-15, 7555-16 or 7555-17. This subconsultant staffing list shall include the percent of work to be completed by each subconsultant and indicate whether each subconsultant is a Minority or Women Owned Business.

Time of Completion Schedule

The anticipated project durations are as follows:

General Conditions The following items will be incorporated into, and made part of, the formal agreement: (1) SUNY’s RFQ; (2) the Successful Offeror's proposal; (3) Exhibit A, Standard Contract Clauses; (4) Exhibit A-1, Affirmative Action Clauses; and, (5) Exhibit B, Procurement Lobbying Form.

In the event of any inconsistency in or conflict among the document elements of the agreement described above, such inconsistency or conflict shall be resolved by giving precedence to the document elements in the following order: (1) Exhibits A and A-1; (2) Exhibit B, (3) the Agreement; (4) this RFQ; and (5) the Successful Offeror's proposal.

(Insert applicable SUNY terms and conditions as appropriate) Additional Terms & Conditions

NONE

Vendor Debriefing Upon notification of the selection and award of a contract unsuccessful offerers may request in writing a debriefing of the results of their response to this solicitation. Requests for debriefing must be received within a reasonable timeframe, not more than 30 days after notice of award.

Proposal/Qualifications Confidentiality All proposals and qualifications submitted for SUNY’s consideration will be held in confidence. However, the resulting contract is subject to the New York State Freedom of Information Law (FOIL). Therefore, if an Offeror believes that any information in its proposal constitutes a trade secret or should otherwise be treated as confidential and wishes such information not to be disclosed the Offeror shall submit with its proposal a separate letter to the designated contact. The letter shall specifically identify the page number(s), line(s) or other appropriate designation(s) containing such information, explaining in detail why such information is a trade secret and formally requesting that such information be kept confidential. Failure by an Offeror to submit such a letter will constitute a waiver by the Offeror of any rights it may have under Section 89(5) of the Public Officers' Law relating to protection of trade secrets.

The proprietary nature of the information designated confidential by the Offeror may be subject to disclosure if ordered by a court of competent jurisdiction. A request that an entire proposal be kept confidential is not advisable since a proposal cannot reasonably consist of all data subject to FOIL proprietary status.

Information Security Breach and Notification Act The Offeror shall comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law Section 899-aa and State Technology Law, Section 208). The Offeror shall be liable for the costs associated with such breach if caused by its negligent or willful acts or omissions, or the negligent or willful acts or omissions of its agents, officers, employees or subcontractors.

Required Consultant Documentation Minority & Woman Owned Business Enterprises Participation Pursuant to New York State Executive Law Article 15-A, SUNY recognizes its obligation under the law to promote opportunities for maximum feasible participation of certified minority-and women-owned business enterprises and the employment of minority group members and women in the performance of SUNY contracts.

For purposes of this solicitation, SUNY hereby establishes an overall goal of 15% for MWBE participation, 6% for Minority-Owned Business Enterprises (“MBE”) participation and 15% for Women-Owned Business Enterprises (“WBE”) participation (based on the current availability of qualified MBEs and WBEs). For additional information please refer to the MWBE requirements outlined in the Prospective Bidders Notice (Form 7557-121c) and Exhibit A-1. Documentation required with the submittal of qualifications includes a/an Subconsultant Staffing List (Forms 7555-15, 16 or 17).and the consultant’s EEO policy statement (or Form 7557-104 MWBE-EEO Policy Statement).

Upon contract award and prior to contract execution the selected awardee will upload its Subconsultant Staffing List to the Statewide Utilization Management Plan (SUMP) and document its good faith efforts to achieve the applicable MWBE participation goals by submitting evidence through the New York State Contract System, which can be viewed at: http://ny.newnycontracts.com, provided however, that the selected awardee may arrange to provide such evidence via a non-electronic method approved by the University.

Service Disabled Veteran Owned Business Enterprises Participation Consistent with the State University of New York (SUNY) ’s commitment and in accordance with Article 17-B of the New York State Executive Law, contractors are required to ensure that good faith efforts are made to include meaningful participation by Service Disabled Veteran-Owned Business in SUNY’s MWBE Program. The requirements apply to contracts in excess of $25,000.

To ensure that SDVOB Enterprises are afforded the opportunity for meaningful participation in the performance of the University’s contracts, and to assist in achieving the SDVOB Act's statewide goal for participation on state contracts the University hereby establishes an overall goal of 6% for SDVOB participation for this solicitation.

For additional information please refer to the SDVOB requirements outlined in the Prospective Bidders Notice (Form 7564-121c). Documentation required with the submittal of qualifications includes a Subconsultant Staffing List (Forms 7555-15, 16 or 17).

Equal Opportunity Requirements Pursuant to Article 15 of the Executive Law (the "Human Rights Law"), and all other State and Federal statutory and constitutional non-discrimination provisions, the Bidder will not discriminate against any employee or applicant for employment because of race, creed, color, sex, religion, national origin, military status, sexual orientation, gender identity or expression, age, disability, predisposing genetic characteristics, domestic violence victim status, familial status or marital status. The Bidder shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest. The Bidder will state in all solicitations or advertisements for employees that, in the performance of this Contract, all qualified applicants will be afforded equal employment opportunities without discrimination.

The Bidder will undertake, or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and, if awarded a Contract pursuant to this solicitation, will make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force during its legal engagement with SUNY.

By submission of a bid or proposal in response to this solicitation, the Bidder agrees with all of the terms and conditions of SUNY Exhibit A including Clause 12 - Equal Employment Opportunities for Minorities and Women and acknowledges that, if the Bidder is awarded a Contract, The Contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor, shall undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services unrelated to the Contract; or (ii) employment outside New York State.

The Bidder further agrees, where applicable, to submit with the bid an EEO staffing plan (Form 7557-108) identifying the anticipated work force to be utilized on the Contract and, if awarded a Contract, will, upon request, submit to SUNY a workforce utilization report identifying the workforce actually utilized on the Contract if known. Forms are available in SUNY Procurement Policies and Procedures Document 7557 online at: http://www.suny.edu/sunypp/documents.cfm?doc_id=611.

Please Note: Failure to comply with the foregoing requirements may result in a finding of non-responsiveness, non-responsibility and/or a breach of the Contract, leading to the withholding of funds, suspension or termination of the Contract or such other actions or enforcement proceedings as allowed by the Contract.

Executive Order 162 (EO162) Governor Cuomo’s Executive Order 162 requires state contractors to disclose data on the gender, race, ethnicity, job title, and salary of employees performing work on state contracts.

Bidder agrees to submit Workforce Utilization Report (Form 7557-110) and to require the same information to be submitted by any of their subcontractors on the state contract, in such format as shall be required by SUNY on a monthly basis for all construction contracts and quarterly basis for all other contracts during the term of the contract. Empire State Development has provided specific details on this requirement at https://esd.ny.gov/doing-business-ny/mwbe/mwbe-executive-order-162.

Executive Order 177 (EO177) The New York State Human Rights Law, Article 15 of the Executive Law, prohibits discrimination and harassment based on age, race, creed, color, national origin, sex, sexual orientation, gender identity, disability, marital status, military status, or other protected status.

The Human Rights Law may also require reasonable accommodation for persons with disabilities and pregnancy-related conditions. A reasonable accommodation is an adjustment to a job or work environment that enables a person with a disability to perform the essential functions of a job in a reasonable manner. The Human Rights Law may also require reasonable accommodation in employment on the basis of Sabbath observance or religious practices.

Generally, the Human Rights Law applies to: (i) all employers of four or more people, employment agencies, labor organizations and apprenticeship training programs in all instances of discrimination or harassment; (ii) employers with fewer than four employees in all cases involving sexual harassment; and (iii) any employer of domestic workers in cases involving sexual harassment or harassment based on gender, race, religion or national origin.

In accordance with Executive Order No. 177, prior to contract award, selected Awardee must submit a certification that it does not have institutional policies or practices that fail to address harassment and discrimination as described above. SUNY is electing to obtain the certification with the bid documents to avoid unnecessary delay in the contract award process. All Bidders must sign and submit the certification attached to this IFB, SUNY Form .

State Finance Law §§ 139-l

(1) Pursuant to N.Y. State Finance Law §139-l, every bid made on or after January 1, 2019 to the State of 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 N.Y. State Labor Law §201-g.

(2) N.Y. 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 prevent policy and sexual harassment training program that employers may utilize to meet the requirements of N.Y. 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.

(3) Pursuant to N.Y. 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.

(4) 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, SUNY may reject the bid or may decide that there are sufficient reasons to accept the bid without such certification.

(5) All Bidders must sign and submit the certification attached to this IFB, SUNY Form 7555-18.

State Finance Law §§ 139-j and 139-k (Forms as defined in SUNY Procedure 7552) State Finance Law §§139-j and 139-k imposes certain restrictions on communications between a Governmental Entity and an Offeror during the procurement process. During the restricted period the Offeror is restricted from making contacts to other than designated contact unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j(3)(a). The restricted period is from the earliest notice of intent to solicit offers through final award and approval of the Contract.

SUNY employees and their designated representatives are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Offeror pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a 4 year period the Offeror is debarred from obtaining government procurement contracts.

Omnibus Procurement Act of 1992 (Form from SUNY Procedure 7553) It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers and a directory of minority and women-owned business enterprises is available from:

Empire State Development Division for Small Business One Commerce Plaza Albany, NY 12210 Phone: 1-800-782-8369 Encouraging Use of New York State Businesses in Contract Performance New York State businesses have a substantial presence in SUNY contracts and strongly contribute to the economies of New York and the nation. In recognition of their economic activity and leadership in doing business in New York State, bidders/proposers/contractors for this contract for commodities, services or technology are strongly encouraged and expected to consider New York State businesses in the fulfillment of the requirements of the contract. Such partnering may be as subcontractors, suppliers, protégés or other supporting roles.

Bidders/proposers/contractors need to be aware that to the maximum extent practical and consistent with legal requirements, they are strongly encouraged to use responsible and responsive New York State businesses in purchasing commodities that are of equal quality and functionality and in utilizing services and technology. Furthermore, bidders/proposers/ contractors are reminded that they must continue to utilize small, minority and women-owned businesses, consistent with current State law.

Utilizing New York State businesses in SUNY contracts will help create more private sector jobs, rebuild New York’s infrastructure, and maximize economic activity to the mutual benefit of the contractor and its New York State business partners. New York State businesses will promote the contractor’s optimal performance under this contract, thereby fully benefiting the public sector programs that are supported by associated procurements.

Public procurements can drive and improve the State’s economic engine through promotion of the use of New York businesses by its contractors. SUNY therefore expects bidders/proposers to provide maximum assistance to New York businesses in their use of the contract. The potential participation by all kinds of New York businesses will deliver great value to New York State and its taxpayers.

Bidders/proposers can demonstrate their commitment to the use of New York State businesses by responding to the question “Will New York State Businesses be used in the performance of this contract?” on the

Required Insurance Prior to the commencement of work the Successful Offeror will provide, at its sole cost and expense, Certificates of Insurance in accordance with Article VII of the Consultant Agreement, which shall remain in force throughout the term of the agreement, or any extension thereof. Such Certificates of Insurances shall be from an insurance company licensed by the New York State Department of Insurance with a rating of at least "A-" as published with Standard & Poor's, and a liability insurance policy with limits no less than $2,000,000 per claim. If during the term of the policy, the carrier's rating falls below "A-", the liability insurance must be replaced no later than the renewal date of the policy with an insurer acceptable to the State of New York. Such policies shall name the STATE UNIVERSITY OF NEW YORK as an additional insured. The policy shall designate the State University of New York as the loss payee and shall contain a provision that the State University of New York shall receive at least thirty (30) days notice prior to material change, cancellation or expiration of any such policy.

Workers Compensation Insurance & Disability Benefits Coverage All employees of the Successful Offeror shall be adequately and properly covered by Workers' Compensation Insurance and Disability Benefits coverage for all work related to the resultant contract. Such policies shall name the STATE UNIVERSITY OF NEW YORK as an additional insured and are to be written by recognized and well-rated insurance companies authorized to transact business in the State of New York. The Successful Offeror shall deliver certificates of such coverage, or proof that such coverage is not required, in the required format, as required by the Workers' Compensation Board, to the following when the agreement is signed by the parties and thereafter not less than thirty (30) days prior to material change or cancellation of such coverage. Proof of NYS Worker’s Compensation is only accepted on the C-105.2 or U-26.3 form. Proof of Disability insurance is only accepted on the DB-120.1 form.

Vendor Responsibility SUNY recommends that vendors file the required Vendor Responsibility Questionnaire online via the New York State VendRep System. To enroll in and use the New York State VendRep System, see the VendRep System Instructions available at https://www.osc.state.ny.us/state-vendors/vendrep/vendrep-system.

Vendors must provide their New York State Vendor Identification Number when enrolling. To request assignment of a Vendor ID or for VendRep System assistance, contact the Office of the State Comptroller’s Help Desk at 866-370-4672 or 518-408-4672 or by email at ciohelpdesk@osc.state.ny.us.

Vendors opting to complete and submit a paper questionnaire can obtain the appropriate questionnaire from the VendRep website www.osc.state.ny.us/vendrep or may contact SUNY or the Office of the State Comptroller’s Help Desk for a copy of the paper form.

State Consultant Services Reporting (OSC Form A and B) Chapter 10 of the Laws of 2006 amends State Finance Law §§ 8 and 163 by requiring that contractors annually report certain employment information to the contracting agency, the Department of Civil Service (DCS) and Office of the State Comptroller (OSC). As a result of these changes in law, State contractors will be required to disclose, by employment category, the number of persons employed to provide services under a contract for consulting services, the number of hours worked and the amount paid to the contractor by the State as compensation for work performed by these employees. This will include information on any persons working under any subcontracts with the State contractor.

This is a two-step process. The first step, Form A is to be submitted with the Consultants’ fee proposal; the State Consultant Services Contractor’s Planned Employment From Contract Start Date Through the End of the Contract Term (OSC Form A). The completed form must include information for all employees providing service under the contract whether employed by the contractor or a subcontractor. Please note that the form captures the necessary planned employment information prospectively from the start date of the contract through the end of the contract term.

The second step is the completion and filing of State Consultant Services Contractor’s Annual Employment Report (OSC Form B), which is to be used to report the annual / actual information. Please note that, in contrast to the information to be included on Form A, which is a one-time report of planned employment data for the entire term of a consulting contract on a projected basis, Form B will be submitted each year the contract is in effect and will capture historical information, detailing actual employment data for the most recently concluded State fiscal year (April 1 – March 31). The legislation mandates that the annual employment reports are to be submitted by the contractor to the contracting agency, to OSC and to the Department of Civil Service. Annual reports are due May 1.

Form A and Form B shall be completed for contracts for consulting services in accordance with the following:

Scope of Contract (Form B only): a general classification of the single category that best fits the predominate nature of the services provided under the contract.

Employment Category: the specific occupation(s), as listed in the O*NET occupational classification system, which best describe the employees providing services under the contract. (Note: Access the O*NET database, which is available through the US Department of Labor’s Employment and Training Administration, on-line at online.onetcenter.org to find a list of occupations.)

Number of Employees: the total number of employees in the employment category employed to provide services under the contract during the Report Period, including part time employees and employees of subcontractors.

Number of hours (to be) worked: for Form A, the total number of hours to be worked, and for Form B, the total number of hours worked during the Report Period by the employees in the employment category.

Amount Payable under the Contract: the total amount paid or payable by the State to the State contractor under the contract, for work by the employees in the employment category, for services provided during the Report Period.

By submitting Qualifications for consideration on this project you are agreeing to comply with the requirements Chapter 10 of the Laws of 2006.

Contract Award Protest Procedure This procurement is subject to SUNY Procedure Item 7561, Contract Award Protest Procedure.

Additional Terms & Conditions

1. The terms and conditions of the State University of New York (pick one: Consultant Contract Form 7555-10 or Consultant Term Contract Form 7555-10A) shall apply, and is provided as an attachment to this RFQ.

2. Consultant’s Terms: The Consultant’s standard terms and conditions will not be considered relevant to their proposal or the contract, and should not be included with their proposal. Any additional Consultant terms and conditions which are attached or referenced with Consultant’s proposal shall not be considered part of the qualifications or proposal, but shall be deemed included for informational purposes only. No extraneous terms will be incorporated into an agreement unless approved in writing by the Office of General Counsel. Acceptance and/or processing of a proposal shall not constitute acceptance of the extraneous terms.

3. The resulting agreement shall be binding upon its execution by both parties and, if required by New York State law, upon the approval of the Attorney General and the Office of the State Comptroller.

4. The agreement may be revised at any time upon mutual consent of the parties in writing. Such written consent will not be effective until signed by both parties and, if required by New York State law, approved by the Attorney General and the Office of the State Comptroller.

5. The relationship of the Successful Offeror to SUNY shall be that of independent consultant.

6. Compliance with the post-employment restrictions of the Ethics in Government Act is required.

7. The submission of a proposal constitutes a binding offer to perform and provide said services.

8. In the event the Successful Offeror uses partners, subcontracts or subcontractors, the Successful Offeror will remain responsible for compliance with all specifications and performance of all obligations under the contract resulting from this RFQ. For the resulting agreement, the Successful Offeror will be the prime contractor.

9. SUNY will not be liable for any costs associated with the preparation, transmittal, or presentation of any proposals or materials submitted in response to this RFQ.

10. Public announcements or news releases regarding this RFQ or any subsequent award of a contract must not be made by any offeror without the prior written approval of SUNY.

11. The Successful Offeror(s) is responsible for compliance with all applicable rules and regulations pertaining to cities, towns, counties and State where the services are provided, and all other laws applicable to the performance of the resulting contract. The Successful Offeror shall provide all necessary safeguards for safety and protection as set forth by the United States Department of Labor, Occupational Safety and Health Administration.

12. The Successful Offeror will be responsible for the work, direction and compensation of its employees, consultants, agents and contractors. Nothing in the resulting agreement or the performance thereof by the Successful Offeror will impose any liability or duty whatsoever on SUNY including, but not limited to, any liability for taxes, compensation, commissions, Workers' Compensation, disability benefits, Social Security, or other employee benefits for any person or entity.

13. In the event the Successful Offeror is required to be reimbursed for travel, Offeror shall be reimbursed at rates not to exceed the current NYS Schedule of Allowable Reimbursable Travel Expenses. Refer to the U.S. Government Administration Rates for Travel at: http://www.gsa.gov

SUNY reserves the right to:

1. Not accept any and all proposals received in response to this RFQ.

2. To terminate any resulting contract for: (1) unavailability of funds; (2) cause; (3) convenience; (4) in the event it is found that the certification filed by the Offeror in accordance with State Finance Law §§139-j and 139-k are found to be intentionally false or intentionally incomplete; and if applicable, the Department of Taxation and Finance Contractor Certification Form ST-220CA was false or incomplete. Upon such finding, SUNY may exercise its termination right by providing written notification to the Offeror in accordance with the written notification terms of the contract.

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

4. Contact any or all references.

5. Waive requirements or amend this RFQ upon notification to all Offerors. Mandatory requirements may be eliminated if unmet by all Offerors.

6. Negotiate with Offerors responding to this RFQ within the requirements necessary to serve the best interests of SUNY.

7. Begin contract negotiations with another Offeror in order to serve the best interests of SUNY, should SUNY be unsuccessful in negotiating a contract with the Successful Offeror within an acceptable time frame.

8. Reject any or all portions of any offer, to negotiate terms and conditions consistent with the intent of SUNY, and to make an award for any or all remaining portions.

9. Request clarifications from Offerors for purposes of assuring a full understanding of responsiveness, and further to permit revisions from all Offerors determined to be susceptible to being selected for contract award, prior to award.

10. Advise Offeror of any objectionable employee(s) and/or subcontractor(s) and request their removal from the project. Such removal shall not be reasonably withheld by the Offeror.

11. Terminate agreement with thirty (30) days written notice.

Attachments Terms and Conditions

1. Exhibit A - Standard Contract Clauses

2. Exhibit A-1 - Affirmative Action Clauses

3. 7555-10 or 7555-10A - State University of New York Consultant…