RFP 168016 - Custom Wax Flash Out Electric Car Kiln.pdf

NYSCC at Alfred University

Cohen National Casting Center Foundry

Custom Wax Flash Out Electric Car Kiln Request for Proposal #168016

Deadline for submissions:

Wednesday, July 15, 2026, 4:00 pm EST

Designated Contact:

Valerie Ewald Senior Buyer 607-871-2955 rfp@alfred.edu

Version 03092020 mailto:rfp@alfred.edu

Table of Contents

Summary Information Form

Overview

Background

Bidder Qualifications

Section 4.1: Minimum Bidder Qualifications

Scope of Work

Section 5.1: Mandatory Technical Requirements

Cost Proposal

Key Events

Section 7.1: Bidder Questions

Section 7.2: Pre-Bid Conference

Section 7.3: Bid Opening

Method of Award

Section 8.1: Evaluation Process

Section 8.2: SUNY’s Reserved Rights

Proposal Submission Requirements

Section 9.1: Proposal Format

Other Proposal Requirements

Section 10.1: Determination of Vendor Responsibility

Section 10.2: Procurement Lobbying Act – State Finance Law §§ 139-j and 139-k

Section 10.3: Non-Collusive Bidding Certification

Section 10.4: Executive Order 162 (EO 162)

Section 10.5: Executive Order 177 (EO 177)

Section 10.6: New York State Finance Law § 139-l Certification

Section 10.7: Subcontracting

Section 10.8: General Insurance Requirements

Section 10.9: Compliance with NYS Consulting Services Reporting Requirements

General Contract Terms & Conditions

Attachment 1: Diversity Practices Questionnaire

Attachment 2: New York State Human Rights Law Executive Order 177 Certification

Attachment 3: New York State Finance Law 139-l Certification

Attachment 4: Procurement Lobbying Act Certification

Attachment 5: Non-Collusive Bidding Certification

Attachment 6: Gender Based Violence & Workplace Certification

Attachment 7: Sexual Harassment Prevention Certification Attachment 8: Bid Submission Checklist

Attachment 9: Bidder Qualifications Submission Form

Exhibit A: State University of New York Standard Contract Clauses

Exhibit B: General Contract Terms and Conditions

Exhibit D, SUNY Proposal Submission Guidelines

Appendix

Graphic for Submission of Separate Envelopes in Bidnet System

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Summary Information Form

THIS PAGE MUST BE SIGNED AND RETURNED WITH BIDDER’S RESPONSE

RFP #: 168016 RFP Title: Custom Wax Flash Out

Electric Car Kiln RFP Release Date:

Electronic copies of this RFP are available at:

Key Events Pre-Bid Conference – MANDATORY- via Zoom Registration by Thursday, May 28, 2026 12pm EDT

Monday, June 1, 2026 1pm EDT

Requested Submission of Questions and Requests for Clarification Monday, June 15, 2026, 3pm EDT Response to questions/requests for clarification issued Monday, June 22, 2026 3pm EDT Proposal Due Date and Time (Any proposal received after the deadline will not be considered) Wednesday, July 15, 2026 3pm

EDT

Anticipated Notification of Award Thursday, July 23, 2026 Anticipated Contract Start Date Monday, August 3, 2026

SUNY reserves the right, in its sole discretion, to modify the above schedule. Bidders will be notified of any changes in a timely manner Contact Information

Primary Contact:

Valerie Ewald, Senior Buyer Alfred University 1 Saxon Drive Alfred, NY 14802

(607) 871-2955 Email: rfp@alfred.edu

Secondary Contact:

Melissa Badeau, Director of Procurement Alfred University 1 Saxon Drive Alfred, NY 14802

(607) 871-2914 Email: badeau@alfred.edu

Other Contact:

Coral Lambert, Professor of Sculpture Alfred University, NYSCC Cohen National Casting Center Foundry 1 Saxon Drive Alfred, NY 14802

Restricted Period In accordance with the requirements of New York State Finance Law Sections 139j and 139k (“Lobbying Law”), the restricted period for this procurement is now in effect. Therefore, all communications regarding this procurement must be handled through the State University of New York’s designated contacts only.

Bidder Information Legal Business Name of Company Bidding: Bidder’s Federal Tax

Identification Number:

D/B/A – Doing Business As (if applicable): NYS Vendor ID Number:

Street Address: City/State: Zip Code:

If applicable, place an “x” in the appropriate box: (check all that apply) ☐ Small Business (if checked, provide # of employees ) ☐ Disabled Veteran Owned Business ☐ Minority Owned Business (NYS Certified) ☐Women Owned Business (NYS Certified)

If you are not bidding, place an “x” in the box and return this page only. ☐ We are unable to bid at this time because:

Bidders Signature: Title:

Printed Name: Date:

By signing this form, Bidder acknowledges (a) that the RFP instructions are understood; (b) that the Bidder is committed to servicing SUNY’s needs in the required time period; and (c) that all information required by this

RFP has been included in Bidder’s proposal.

mailto:rfp@alfred.edu mailto:badeau@alfred.edu

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Overview The New York State College of Ceramics at Alfred University is issuing this Request for Proposal from qualified suppliers to provide a custom wax flash out car kiln (electric) which will be an integral piece of equipment for our foundry at the Cohen National Casting Center. The Request for Proposal (RFP) is for a one-time purchase with the successful bidder receiving a Purchase Order to initiate this purchase once all evaluations and approvals are completed.

Background Section 3.1: University Background

The SUNY New York State College of Ceramics at Alfred University has been a unique public/private partnership in higher education for more than 100 years. Since its inception in 1900, the College of Ceramics has attracted renowned artists and scientists as faculty in ceramics, glass and other materials, while producing world-class alumni in engineering and groundbreaking artists across all media.

NYSCC at Alfred is pleased to announce the building of the Cohen National Casting Center Foundry, a state-of-the-art facility designed to further innovation, creativity, and excellence in fine art foundry, contemporary sculpture, metallurgy, and ceramic technology.

The Cohen National Casting Center Foundry marks a significant step forward in our commitment to advancing the School of Engineering and School of Art & Design through metal arts education, technology, and collaborative opportunities. The new Foundry will serve as a hub for students, faculty, staff, and artists to push the boundaries of research, creative expression and material exploration.

Section 3.2 Project Description

NYSCC at Alfred is inviting bids for the dewax kiln which is at the heart of the cast metal process and is an integral piece of equipment for all foundries. Sculptures and patterns are first made of wax, then a mold in either resin bonded sand or ceramic shell is made around the wax to capture the form. The wax must be evacuated by melting it out in a kiln creating a void in the mold before molten metal is poured into it to create the cast metal object/sculpture. It is important to melt out wax from the resin bonded molds and the ceramic shell molds safely and quickly to prevent expansion and cracking of the mold as further explained in the Appendix provided in this document.

Bidder Qualifications

Section 4.1: Minimum Bidder Qualifications

A contract will be awarded only to a responsible, responsive and qualified Bidder, in a financial position to do the work specified. Proposals will be accepted only from Bidders meeting the following minimum qualifications.

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• Provide up to three references in support of the required experience. The references should demonstrate the Bidder’s ability with projects similar in scope, size and nature of this RFP, preferably within the past 5 years.

• Identify and explain any cancelled or failed implementations of the Bidder’s proposed solution resulting in contract termination in the last five (5) years or that are pending litigation.

NYSCC/AU reserves the right to contact client references to validate experience and the scope and quality of work. The Bidder is solely responsible for providing contact information for clients that are readily available to be contacted and will respond to questions. If NYSCC/AU is unable to contact a client, the Bidder will be provided one opportunity, with a deadline, to assist in obtaining cooperation from those clients that have not responded.

In response to this section complete and submit Attachment 8, Bidder Qualifications Submission Form.

Scope of Work

NYSCC at Alfred requires a custom-built wax flash out car kiln for foundry molds to be used as an integral part of the Cohen National Casting Center Foundry. Designs must present an electric, front-loading kiln with a cart on a v-track. There should be a wax collection tray underneath on a separate track. Examples of desired designs of car kilns have been provided in the attached Appendix (page 45). Installation and training are also to be included with all responses. We also respectfully request that a 2-year warranty be provided.

Section 5.1: Mandatory Technical Requirements

- INSIDE KILN AREA: 48”D x 42” x 42” high: interior dimensions exclusive of arch height (67 cubic feet volume, 100 square feet volume)

- Dimensions with Door Closed 65” W x 68” D x 99” high Door swing is 56” to close door with car out, the track must be 108” beyond the kiln frame.

- Steel tracks will come in 6ft lengths and can be easily picked up to be stored when not in use. Cart and wax tray will have a removable handle and run on their own tracks.

- The kiln will have a stainless-steel skin all around with a ¼” mild steel frame painted machine grey.

- The wax trough will be fabricated out of stainless or mild steel (painted). It must be watertight to contain water and melted wax. It will be positioned underneath the kiln car to catch the molten wax as it melts out of the molds.

- The cart base will be made of cast high temp alumina refractory and have channels cast into it to channel the wax to a central hole in the middle which leads down to the wax capture trough.

- Stainless steel capture hood will be custom built to the kiln with a central ventilation pick up in the middle top of the kiln.

- Controllers for the kiln will be programmable for ramp, hold, time, with potential for two zones and option to run as one. Kiln must go up to 1450F fast and hold for one to several hours then cool down fast.

- The interior of the kiln is laid with dense firebrick with a refractory rope gasket around the door to seal it.

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- The kiln will have optional vents to allow any moisture out during the firing process. It does not need auto vent systems.

- The kiln must have the option of going up to 1800F and have a load capacity of 2000#.

- Source capture hood required.

- 200 amps, 208-volt, 3-phase would be adequate for up to 1800F.

Cost Proposal

Cost proposals must be submitted in a separate envelope marked as envelope 2 in the Bidnet platform. Cost proposals should be provided in the form of a detailed quotation with clear communication that SUNY terms and conditions will govern any resulting order. No mention of cost should appear in the technical proposal (envelope 1).

Failure to adhere to this requirement may result in disqualification.

• Items: Price shall be in accordance with the items listed or on the Cost Proposal

Submission Form, if provided. No other charges, other than those listed in the items or on the Financial Proposal Submission Form shall be allowable under the agreement.

• Cost Adjustments: Adjustments (increase/decrease) of annual costs for the resulting contract shall not exceed inflation guidelines as established by the nationally accepted consumer price index (CPI) for each year. The specific inflation level will be based on the average CPI percentage for the twelve (12) month period ending ninety (90) days prior to contract renewal date. The approval document for this contract will be: U.S.

Department of Labor Consumer Price Index, Northeast Urban, all Items.

• FOB: Price shall be FOB (Free on Board) Destination, Freight Prepaid.

• Preparation Costs: Bidder is responsible for all costs, direct or indirect, that it incurs related to the preparation and submission of a proposal in response to this event.

• Pricing: All prices and conditions must be included in the original proposal.

Prices and conditions not included in the original proposal will be rejected.

• Quote Hold: The submission of a proposal constitutes a non-revocable, binding offer to perform and provide said services. Such binding offer shall be firm and not revocable for a period of 120 days from event close date. Subsequent to such 120 days, the proposal is subject to withdrawal communicated in writing and signed by the Bidder.

• Tax Exempt: SUNY/NYSCC@AU is exempt from sales tax. All prices should be quoted without the sales tax.

• Trade-In Credit: The credit associated with the total trade-in must be included in Bidder’s items, or if Bidder chooses to not submit bid in the bid system, in the Bidder's price quote.

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Key Events

Section 7.1: Bidder Questions

If a Question-and-Answer period is provided for this solicitation, the schedule will be shown on the Summary Information Form, “Key Events,” provided on the first page of this RFP. All questions must be submitted in writing, citing the particular RFP page, section, and paragraph numbers where applicable. Bidders should make best efforts to ensure all questions are submitted via the Bidnet platform no later than the time listed in the Key Events table in Section 1, Summary Information Form as questions received after the closing date for inquiries may not be responded to prior to the proposal due date. O n l y q u e s t i o n s s u b m i t t e d t h r o u g h t h e B i d n e t p l a t f o r m w i l l b e a c c e p t e d a n d only written answers are official. All Questions and Answers will be issued as addenda to this RFP and will be provided in writing to all potential Bidders.

It is the responsibility of the Bidder to inquire about any requirement of this event that is not understood. SUNY will not be bound by oral responses to inquiries or written responses other than addenda.

Section 7.2: Pre-Bid Conference

The Mandatory Pre-Bid Video Conference is scheduled for Monday, June 1, 2026, 1pm EDT via Zoom. Bidders must register for the event by sending an email to the primary contact no later than Thursday, May 28th, 12pm EDT.

Failure to attend the Mandatory Pre-Bid Conference will result in rejection of your proposal.

Section 7.3: Bid Opening

SUNY reserves the right to not hold a public bid opening or at any time to postpone or cancel a scheduled bid opening. In the event a public bid opening is scheduled, Bidders will be notified.

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Method of Award

Section 8.1: Evaluation Process

This RFP is part of a competitive procurement process designed to serve the best interests of the State University of New York and the People of the State of New York. It is also designed to provide all Bidders with a fair and even opportunity to have their products and services considered.

SUNY will conduct a comprehensive review of each responsive bid submitted in accordance with the terms of this RFP. Proposals will be evaluated on the basis of “best value” by an evaluation committee comprised of SUNY representatives, and shall be conducted in the following steps:

1. Administrative Review

Each proposal received by the due date and time will be screened for completeness and conformance of submission in accordance with Section 9, Proposal Submission Requirements.

2. Minimum Bidder Qualifications Review

Each proposal remaining after Administrative Review will advance to the evaluation committee to review responses for a determination of whether the Bidder has met the Minimum Bidder Qualifications.

3. Technical Evaluation Each proposal remaining after Minimum Bidder Qualifications Review will advance for review and independent evaluation and scoring by the technical review evaluation committee.

3.1 Mandatory Requirements (Pass/Fail)

All proposals will first be reviewed for compliance with the Mandatory Technical Requirements listed in Section 5.1. These requirements are evaluated on a pass/fail basis.

• Proposals that fail any mandatory requirement will not proceed to scoring.

• Only proposals meeting all mandatory requirements will advance to the scored evaluation.

3.2 Scored Evaluation Criteria

Proposals that pass the mandatory requirements will be evaluated according to the weighted criteria below:

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Evaluation Category Weight

Design & Engineering Approach 55% References 20% Cost Proposal 25%

3.3 Design & Engineering Approach (55%)

This category evaluates how well the vendor’s proposed design will perform, endure, and support long-term use in the University’s foundry environment. While mandatory requirements ensure minimum compliance, this scored category assesses the quality, clarity, and engineering soundness of the proposed kiln design.

Evaluation will consider:

• Structural & Mechanical Engineering Frame design, refractory cart base, v-track system, wax channeling, durability under thermal cycling, and load capacity.

• Thermal Performance & Insulation Strategy Ability to reach 1450°F quickly, hold for one to several hours, cool down fast, dense firebrick layout, and optional 1800°F capability.

• Wax Handling & Ventilation Engineering Wax trough design, watertight fabrication, refractory channel geometry, capture hood integration, airflow, and safety.

• Controls & Electrical Engineering Controller logic (ramp/hold/time), zoning, wiring for 200A/208V/3-phase, safety interlocks, and heating element configuration.

• Maintainability & Serviceability Access for maintenance, replaceable components, documentation quality, and warranty support.

Proposals demonstrating a clear, well-reasoned engineering approach with detailed explanations and drawings will receive higher scores.

3.4 References (20%)

The University will evaluate the relevance, quality, and outcomes of prior work of similar scope and complexity. Higher scores will be awarded to vendors with strong performance histories in custom-fabricated kilns or comparable industrial equipment.

4. Cost Evaluation (25%)

The Cost Proposals of each bid remaining after the Technical Evaluation will be independently evaluated and scored by the designated contract officer. Cost will be evaluated using a proportional scoring method in which the lowest responsive bid receives the maximum score.

Other bids receive proportionally lower scores based on the formula:

Vendor Cost Score = 5 × (Lowest Bid ÷ Vendor Bid)

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The final score will be the sum of weighted scores across all categories. Award will be made to the responsive and responsible vendor achieving the highest total score.

5. Finalist Review

In accordance with Section 163 (9) f of the NYS Finance Law, prior to making a contract award each contracting agency shall make a determination of responsibility of the proposed Contractor as discussed in Section 8.1,Vendor Responsibility. SUNY will conduct a review of vendor responsibility for the Bidder earning the highest final composite score, and any proposed subcontractors. SUNY will consider any information that raises issues concerning the vendor’s responsibility, with consideration given to its relevance to the scope of work. The review will include factors such as financial and organizational capacity, legal authority, integrity and previous contract performance.

6. Selection Proposals will be evaluated on the basis of “best value” by an evaluation committee comprised of SUNY representatives, utilizing an evaluation methodology that considers the following factors:

Technical Proposal % Technical Response (Proposal) 55%

References 20%

Cost Proposal 25%

Total 100%

The Bidder earning the highest final composite score may be selected for a contract award with SUNY and, if selected, will be notified by SUNY. Contract award shall be made by issuance of an award notice. All Bidders will be notified of the name of the selected awardee. SUNY contracts may be subject to approval by the NYS Attorney General and the Office of the State Comptroller. SUNY reserves the right to award no contract pursuant to this RFP.

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8.2 Reserved Rights

SUNY reserves the right to:

1. Reject any and all proposals received in response to this RFP, make a contract award in whole or in part.

2. Make no contract award.

3. Reject any or all portions of any proposal, to negotiate terms and conditions consistent with this RFP and to make an award for any or all remaining portions.

4. Withdraw the RFP at any time, at SUNY’s sole discretion.

5. Disqualify any Bidder whose conduct or proposal fails to conform to the requirements of the RFP.

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

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

8. Request certified and non-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.

9. Request references and contact any or all references and perform other related due diligence.

10. Adjust or correct cost or cost figures with the concurrence of the Bidder if mathematical or typographical errors exist.

11. Waive requirements or amend this RFP upon notification to all Bidders.

Mandatory requirements may be eliminated if unmet by all Bidders.

12. Negotiate with Bidders responding to this RFP within the requirements necessary to serve the best interests of SUNY.

13. Begin contract negotiations with another Bidder in order to serve the best interests of SUNY should contract negotiations with the Successful Bidder be unsuccessful within a time frame acceptable to SUNY.

14. Require clarifications from Bidders for purposes of assuring a full understanding of responsiveness, and permit revisions from all Bidders determined to be susceptible to contract award prior to award.

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Proposal Submission Requirements

A Bidder’s proposal shall address the Bidder’s ability and methodology for providing SUNY with the requested services. To be deemed “responsive” to this RFP, a Bidder must meet all mandatory requirements and qualifications and its written proposal must address all points and questions appearing in this RFP. In the event a Bidder’s proposal is determined by SUNY to be “non-responsive,” SUNY may disqualify the proposal. A disqualified proposal will not be further evaluated or considered for contract award. To facilitate SUNY’s review of proposals, Bidders must address all points and questions that appear in this RFP, and should do so in the order that they appear.

Responses should be labeled to correspond to the numbers/letters of the sections and subsections of this RFP. Bidders must adhere to the Exhibit D, SUNY Proposal Submission Guidelines when submitting a proposal in response to this bid event.

Section 9.1: Proposal Format

1. Prepare a clearly readable proposal that includes all required information.

2. Bidders must submit all information requested by SUNY in written form. Proposals must be complete, accurate, and in the form requested.

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

4. Proposal Packages:

a. Proposals should be submitted via Bidnet (www.bidnetdirect.com), with the RFP number and title. Proposals not labeled as instructed risk being opened prior to the bid opening date, which may result in the proposal being rejected. All proposals and accompanying documentation shall become the property of SUNY and shall not be returned.

b. Cost proposals should be submitted in separate envelopes via the Bidnet platform, labeled as envelope 2. No mention of cost should appear in the technical proposal. Failure to adhere to this requirement may result in disqualification. A graphic demonstrating the separate envelope process is included on page 48 of this document.

5. The proposal must be fully and properly executed by an authorized person. By signing, you certify (i) your express authority to sign on behalf of yourself, your company, or other entity; (ii) your full knowledge and acceptance of contents of this RFP, Exhibit A (State University of New York Standard Contract Clauses), Exhibit A-1 (State University of New York Affirmative Action Clauses), State Finance Law §139-j and §139-k (Procurement Lobbying Certification); and (iii) that all information provided is complete, true and accurate. By signing you further affirm that you understand and agree to comply with the procedures on permissible contacts relating to this procurement as required by State Finance Law §139-j (3) and §139-j (6) (b). These procedures may be accessed at Procurement Lobbying:

http://www.ogs.state.ny.us/aboutOgs/regulations/defaultAdvisoryCouncil.html.

http://www.bidnetdirect.com/ http://www.ogs.state.ny.us/aboutOgs/regulations/defaultAdvisoryCouncil.html

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6. Late Proposals For purposes of Bid openings, a Bid must be received at the contact’s address as set forth in the Summary Information Form on or before the proposal due date as set forth in the Summary Information Form. A Late Bid is one that is not received at the location, date and time specified in this RFP. Any Bid received at the specified location after the time specified in this RFP will be considered a Late Bid. A Late Bid shall not be considered for award unless: (i) no timely Bids meeting the requirements of this RFP are received, or; (ii) in the case of a multiple award, an insufficient number of timely bids were received to satisfy the multiple award; (iii) and acceptance of the Late Bid is in the best interest of SUNY. Delays in United States mail deliveries or any other means of transmittal, including couriers or agents of SUNY shall not excuse Late Bid submissions. Similar types of delays, including but not limited to, bad weather, or security procedures for parking and building admittance shall not excuse Late Bid submissions. Determinations relative to bid timeliness shall be at the sole discretion of the SUNY Chancellor or her designee.

7. All prices and conditions must be included in the original proposal. Prices and conditions not included in the original proposal will be rejected.

8. The submission of a proposal constitutes a non-revocable, binding offer to perform and provide said services. Such binding offer shall be firm and not revocable for a period of one-hundred eighty (180) days from the proposal due date. After one-hundred eighty (180) days, the proposal may remain in effect, subject to withdrawal communicated in writing signed by the Bidder. If this RFP is for the sale of goods pursuant to §2-205 of New York State Uniform Commercial Code, the proposal shall be firm, binding and not revocable for a period of ninety

(90) days from proposal due date.

9. Bidder is responsible for all costs that it incurs, direct or indirect, related to the preparation and submission of a proposal in response to this RFP.

10. Each copy of the proposal must be accompanied by the documents listed in Attachment 8, Bid Submission Checklist.

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Other Proposal Requirements

Section 10.1: Determination of Vendor Responsibility

New York State procurement law requires that state agencies award contracts only to responsible Bidders. Additionally, the New York State Comptroller must be satisfied that a proposed Contractor is responsible before approving a contract award under Section 112 of the State Finance Law. Section 163 of the New York State Finance Law (“SFL”) requires that contracts for services and commodities be awarded on the basis of lowest price or best value “to a responsive and responsible Bidder.”

Section 163 (9)(f) of the SFL requires that prior to making a contract award, each contracting agency shall make a determination of responsibility of the proposed Contractor. In accordance with these procurement laws, SUNY will conduct an affirmative review of vendor responsibility for all organizations or firms with which it conducts business.

In response to this section, Bidders and all proposed subcontractors who may receive more than $100,000 over the life of the contract are required to file the required Vendor Responsibility Questionnaire online via the New York State VendRep System or may choose to complete and submit a paper questionnaire. To enroll in and use the VendRep System, see the VendRep System Instructions on the Office of State Comptroller (OSC) website, available at:

www.osc.state.ny.us/vendrep or go directly to the VendRep System online at https://portal.osc.state.ny.us. For VendRep System user assistance, the OSC Help Desk may be reached at 866-370-4672 or 518-408-4672 or by email at helpdesk@osc.state.ny.us. Bidders opting to file a paper questionnaire may obtain the appropriate questionnaire from the VendRep website www.osc.state.ny.us/vendrep or may contact SUNY System Administration for a copy of the paper form.

Section 10.2: Procurement Lobbying Act – State Finance Law §§ 139-j and 139-k

Prior to approval of the contract for which this RFP has been issued by SUNY, or if applicable, the Office of the State Comptroller, a Bidder shall not communicate with SUNY other than with the persons identified in this RFP as Designated Contacts or with a person who the Designated Contacts has advised the Bidder in writing is also a Designated Contact. Generally, the New York State Finance Law restricts communications between a Bidder or a person acting on behalf of a Bidder, including its lobbyist, to communications with the officers and employees of the procuring agency designated in each solicitation to receive such communications. Further, the law prohibits a communication (a “Contact”) which a reasonable person would infer as an attempt to unduly influence the award, denial or amendment of a contract. These restrictions apply to each contract in excess of $15,000 during the “restricted period” (the time commencing with the earliest written notice of the proposed procurement and ending with the later of approval of the final contract by the agency, or, if applicable, the State Comptroller). The agency must record all Contacts, and, generally, must deny an award of contract to a vendor involved in a knowing and willful Contact.

http://www.osc.state.ny.us/vendrep https://portal.osc.state.ny.us/ mailto:helpdesk@osc.state.ny.us http://www.osc.state.ny.us/vendrep

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SUNY has developed procedures regarding Contacts and their reporting, review and investigation.

SUNY’s procurement record must demonstrate compliance with these procedures. A determination that a Bidder or a person acting on behalf of a Bidder has intentionally made a Contact or provided inaccurate or incomplete information as to its past compliance with State Finance Law §§139-j and 139-k, is likely to result in denial of the award of contract under this RFP. Additional sanctions may apply. A complete copy of SUNY’s Procurement Lobbying Policy and Procedure and its accompanying forms is available for review at http://www.suny.edu/sunypp/documents.cfm?doc_id=430

In response to this section, complete and submit Attachment 6, Procurement Lobbying Act Certification.

Section 10.3: Non-Collusive Bidding Certification

In response to this section, complete and submit a completed Attachment 7, Non-collusive Bidding Certification.

Section 10.4: Executive Order 162 (EO 162)

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.

Section 10.5: Executive Order 177 (EO 177)

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 at 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.

http://www.suny.edu/sunypp/documents.cfm?doc_id=430 https://esd.ny.gov/doing-business-ny/mwbe/mwbe-executive-order-162

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In response to this section, complete and submit Attachment 2, NYS Human Rights Law Executive Order 177 Certification.

Section 10.6: New York State Finance Law § 139-l Certification

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

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 prevention policy and sexual harassment prevention 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.

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.

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 decide that there are sufficient reasons to accept the bid without such certification.

In response to this section, complete and submit Attachment 3, New York State Finance Law § 139-l Certification.

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

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Section 10.7: Subcontracting

Bidders choosing to utilize the services of subcontractors partners, joint venturers or other third parties to meet the scope of services set forth in this RFP, must provide detailed information as part of their proposal. Bidders must comply with the SUNY subcontracting contractual terms as set forth in Section 23, General contract Terms and Conditions, attached and incorporated into this RFP as Exhibit B.

When proposed subcontractor(s) are NYS Certified Minority and/or Women-Owned Business Enterprises (MWBE) firms or NYS Certified Service-Disabled Veteran-Owned Businesses (SDVOB) in compliance with requirements set forth in Section 10.7, the bidder must also complete appropriate forms as described in that section.

In response to this section, bidders must complete and submit Attachment 5: Proposed Subcontractor Information Submission Form, for each proposed subcontractor. Additionally, proposed subcontractors must file the required Vendor Responsibility Questionnaire as set forth in Section 10.1, when applicable. Bidders are encouraged to utilize NYS firms, as set forth in Exhibit D, Proposal Submission Guidelines.

Section 10.8: General Insurance Requirements

During the term of the awarded contract, the Successful Bidder (Contractor) must obtain and maintain insurance coverage at its own expense as provided in this paragraph, and shall deliver Certificates of Insurance in a form satisfactory to SUNY before commencing any work under this contract.

Certificates shall reference the Contract Number. Certificates of Insurance must indicate the applicable deductible/self-insured retention on each policy. Certificates shall be mailed to: State University of New York [Contract Administrator name], address.

The policies of insurance set forth below shall be written by companies authorized by the New York Department of Financial Services to issue insurance in the state of New York (“admitted” carriers) with an A.M. Best company rating of “A-” or better. Unless otherwise agreed, policies shall be written so as to include a provision that the policy will not be canceled, materially changed, or not renewed without at least thirty (30) days prior written notice except for non-payment as required by law to [Contract Administrator name and address].

All insurance policies shall provide that the required coverage shall apply on a primary and not on an excess or contributing basis as to any other insurance that may be available to SUNY for any claim arising from the Successful Bidder’s work under the awarded contract, or as a result of the Successful Bidder’s activities. Any other insurance maintained by SUNY shall be excess of and shall not

16 | Page contribute with the Successful Bidder’s insurance, regardless of any “other insurance” clause contained in any SUNY policy of insurance.

At least two weeks prior to the expiration of any policy required by the awarded contract, evidence of renewal or replacement of policies of insurance with terms no less favorable to SUNY than the expiring policies shall be delivered to SUNY in the manner required for service of Notice under the contract.

A professional liability policy (errors and omissions) in the amount of AMOUNT IN WORDS ($ ), which shall be maintained for a period of three (3) years after completion of this contract. If said policy is issued on a claims-made policy form, the policy shall be purchased with extended Discovery Clause coverage of up to three (3) years after work is completed if coverage is cancelled or not renewed.

Workers Compensation, Disability Benefits and Paid Family Leave coverage for the life of this Agreement for the benefit of employees required to be covered by the New York State Workers Compensation Law and the New York State Disability Benefits and Paid Family Leave Law.

Evidence of coverage must be provided on forms specified by the Commissioner of the Workers Compensation Board.

General Liability Insurance with limits no less than AMOUNT IN WORDS ($ ) per claim and AMOUNT IN WORDS ($ ) in the aggregate. Such policy shall name the State University of New York as an additional insured and shall contain a provision that the State University of New York shall receive at least thirty (30) days written notice prior to material change, cancellation or expiration of such policy.

Section 10.9: Compliance with NYS Consulting Services Reporting Requirements

State Finance Law sections 8 and 163 requires that contractors annually report certain employment information to the contracting agency, the Department of Civil Service (DCS) and Office of the State Comptroller (SUNY). State contractors are 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. State Finance Law Section 163(4)(g) imposes certain reporting requirements on contractors doing business with New York State. In furtherance of these reporting requirements, if applicable, Contractor agrees to complete and submit an initial planned employment data report and an annual employment report.

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General Contract Terms & Conditions Any contract awarded resulting from this RFP shall include Exhibit A (State University of New York Standard Contract Clauses) and, for contracts in excess of $25,000, Exhibit A-1 (State University of New York Affirmative Action Clauses). The provisions of Exhibit A shall take precedence over any provision in this RFP or any provisions in the contract awarded. Exhibits A is attached to this RFP.

By submitting a proposal in response to this RFP, Bidder expressly agrees that, if awarded the Contract, such Contract will contain language substantially in accordance with the Terms and Conditions listed on Exhibit B, attached to this RFP.

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State University of New York Notary Acknowledgement

(ACKNOWLEDGEMENT BY INDIVIDUAL)

STATE OF NEW YORK )

COUNTY OF ) ss.:

On this day of , 20 , before me personally came

, to me known and known to me to be the person described in and who executed the foregoing instrument and he/she acknowledged to me that he/she executed the same.

Notary Public

(ACKNOWLEDGEMENT BY UNINCORPORATED ASSOCIATION)

STATE OF NEW YORK )

COUNTY OF ) ss.:

On this day of , 20 , before me personally came , to me known and known to me to be the person who executed the above instrument, who, being duly sworn by me, did for himself/herself depose and say that he/she is a member of the firm of and that he/she executed the foregoing instrument in the firm name of and that he/she had authority to sign same, and he/she did duly acknowledge to me that he/she executed the same as the act and deed of said firm of for the uses and purposes mentioned therein.

(ACKNOWLEDGEMENT BY CORPORATION)

STATE OF NEW YORK )

COUNTY OF ) ss.:

On this day of , 20 , before me personally came , to me known, who being duly sworn, did depose and say that he/she resides in ; that he/she is the (title) of (firm), the corporation described in and which executed the foregoing instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he/she signed his/her name thereto by like order.

THIS PAGE MUST BE SIGNED IN THE ORIGINAL AND MUST ACCOMPANY EACH COPY OF

YOUR BID.

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Attachment 1: Diversity Practices Questionnaire I, , as (title) of firm or company (hereafter referred to as the company), swear and/or affirm under penalty of perjury that the answers submitted to the following questions are complete and accurate to the best of my knowledge:

1. Does your company have a Chief Diversity Officer or other individual who is tasked with supplier diversity initiatives? Circle one: Yes / No

If Yes, provide the name, title, description of duties, and evidence of initiatives performed by this individual or individuals.

2. What percentage of your company’s gross revenues (from your prior fiscal year) was paid to New York State certified minority and/or women-owned business enterprises as subcontractors, suppliers, joint-venturers, partners or other similar arrangement for the provision of goods or services to your company’s clients or customers? %

3. What percentage of your company’s overhead (i.e. those expenditures that are not directly related to the provision of goods or services to your company’s clients or customers) or non-contract-related expenses (from your prior fiscal year) was paid to New York State certified minority- and women-owned business enterprises as suppliers/contractors?1 %

4. Does your company provide technical training 2 to minority- and women-owned business enterprises? Circle one: Yes / No

If Yes, provide a description of such training which should include, but not be limited to, the date the program was initiated, the names and the number of minority- and women-owned business enterprises participating in such training, the number of years such training has been offered and the number of hours per year for which such training occurs.

5. Is your company participating in a government approved minority- and women-owned business enterprise mentor-protégé program? Circle one: Yes / No

If Yes, identify the governmental mentoring program in which your company participates and provide evidence demonstrating the extent of your company’s commitment to the governmental mentoring program.

6. Does your company include specific quantitative goals for the utilization of minority- and women-owned business enterprises in its non-government procurements? Circle one: Yes / No

1 Do not include onsite project overhead.

2 Technical training is the process of teaching employees how to more accurately and thoroughly perform the technical components of their jobs. Training can include technology applications, products, sales and service tactics, and more. Technical skills are job-specific as opposed to soft skills, which are transferable.

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If Yes, provide a description of such non-government procurements (including time period, goal, scope and dollar amount) and indicate the percentage of the goals that were attained.

7. Does your company have a formal minority- and women-owned business enterprise supplier diversity program? Circle one: Yes / No

If Yes, provide documentation of program activities and a copy of policy or program materials.

8. Does your company plan to enter into partnering or subcontracting agreements with New York State certified minority- and women-owned business enterprises if selected as the successful respondent? Circle one: Yes / No

If Yes, complete the MWBE Utilization Plan, Form No. 7557-107.

All information provided in connection with the questionnaire is subject to audit and any fraudulent statements are subject to criminal prosecution and debarment.

Signature of Owner/Official

Printed Name of Signatory

Title

Name of Business

Address

City, State, Zip

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Attachment 2: New York State Human Rights Law Executive Order 177 Certification

In accordance with Executive Order No. 177, the Bidder hereby certifies that it does not have institutional policies or practices that fail to address the harassment and discrimination of individuals on the basis of their age, race, creed, color, national origin, sex, sexual orientation, gender identity, disability, marital status, military status, or other protected status under the Human Rights Law.

Executive Order No. 177 and this certification do not affect institutional policies or practices that are protected by existing law, including but not limited to the First Amendment of the United States Constitution, Article 1, Section 3 of the New York State Constitution, and Section 296(11) of the New York State Human Rights Law.

Bidder Name:

By (signature):

Name:

Title:

Date: , 20

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Attachment 3: New York State Finance Law 139-l Certification

By submission of this bid, each Bidder and each person signing on behalf of any Bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that the Bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such a policy shall, at a minimum, meet the requirements of section two hundred one-g of the Labor Law.

If the Bidder cannot make the foregoing 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.

Bidder Name:

By (signature):

Name:

Title:

Date: , 20

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Attachment 4: Procurement Lobbying Act Certification State Finance Law §§139-j and 139-k, enacted by Ch. 1 L. 2005, as amended by Ch. 596 L. 2005, effective January 1, 2006, regulate lobbying on government procurement, including procurements by State University to obtain commodities and services and to undertake real estate transactions.

Generally, the law restricts communications between a potential vendor or a person acting on behalf of the vendor, including its lobbyist, to communications with the officers and employees of the procuring agency designated in each solicitation to receive such communications. Further, the law prohibits a communication (a “Contact”) which a reasonable person would infer as an attempt to unduly influence the award, denial or amendment of a contract.