RFP-2391 Lecture Hall as of 09.16.25 pdf.pdf

SUMMARY INFORMATION FORM (REQUEST FOR QUALIFICATIONS)

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

RFQ: FM&D Project 2391 RFQ Title: Lecture Hall #1 Renovation RFQ Release Date: September 17, 2025

Key Events Summary Information Form (Intent to Bid/No Bid)- Scanned copy requested ASAP and original must be submitted with Proposal

Scanned copy ASAP. Original with Bidders Response (Proposal)

Questions/Requests for clarification due October 8, 2025 at 4:00 PM (EST) Response to questions/requests for clarifications issued October 15, 2025 (projected) Proposal Due Date and Time October 22, 2025 at 12:00 PM (EST)

Mandatory Walkthrough October 1, 2025 at 10 AM (EST) Anticipated Notification of Award TBD Anticipated Contract Start Date TBD Anticipated Term Length of Contract TBD SUNY reserves the right, in its sole discretion, to modify the above schedule. Bidders will be notified via email of any changes in a timely manner Contact Information Primary Contact:

Sophia Brinnius Contracts Officer 718-270-3109 Sophia.Brinnius@Downstate.edu

Other Contact: MWBE and SVBOD Alicia Saleh MWBE Coordinator Alicia.Saleh@Downstate.edu

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, whose names and contact information are set forth above.

Bidder Information Legal Business Name of Company Bidding: D/B/A – Doing Business As (if applicable): Bidder’s Federal Tax Identification

Number:

Contact Name:

Email Address:

Telephone Number:

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:

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

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.

Intentionally left blank Intentionally left blank

Request for Qualifications Lecture Hall #1 Renovation

Upgrade Project Number:

September 16, 2025

SUNY University Hospital at Downstate 450 Clarkson Avenue

Project# 2391

Table of Contents 1 Request for Proposal

2 Instructions

2.1 Format of Proposal and Statement of Qualifications

2.2 Mandatory Pre-Bid Meeting/ Walk-Through

2.3 RFP Process and Evaluation Criteria .............................. Error! Bookmark not defined.

2.4 References

3 Scope of Services

3.1 Background

3.2 Scope of Services

3.3 Program Budget

3.4 Basic Design Fee

3.5 Subconsultant Staffing

3.6 Time of Completion Schedule

4 General Conditions

4.1 Additional Terms & Conditions

4.1.1 Vendor Debriefing and Protest

4.1.2 Proposers wishing to protest a contract award may do so in accordance with the University’s procedures, available at:

http://www.suny.edu/sunypp/documents.cfm?doc_id=699. Proposal/Qualifications Confidentiality

4.1.3 Information Security Breach and Notification Act

4.2 Required Consultant Documentation

4.2.1 Minority & Woman Owned Business Enterprises Participation

4.2.2 Service-Disabled Veteran Owned Business Enterprises Participation

4.2.3 Equal Opportunity Requirements

4.2.4 Executive Order 162 (EO162)

4.2.5 Executive Order 177 (EO177)

4.2.6 State Finance Law §§ 139-l

4.2.7 State Finance Law §§ 139-j and 139-k (Forms as defined in SUNY Procedure 7552) 15

4.2.8 Omnibus Procurement Act of 1992 (Form from SUNY Procedure 7553)

4.2.9 Encouraging Use of New York State Businesses in Contract Performance

Page 3 of 92 SUNY Procedure 7555; Form 7555-01 September 2020

4.2.10 Required Insurance

4.2.11 Vendor Responsibility

4.2.12 State Consultant Services Reporting (OSC Form A and B)

4.2.13 Contract Award Protest Procedure

4.3 Additional Terms & Conditions

5 Attachments

5.1 Terms and Conditions

5.2 Minority and Women Owned Business Enterprise Requirements

5.3 Service Disabled Veteran-owned Business Enterprise Requirements

5.4 Required Consultant Documentation Forms

Page 4 of 92 SUNY Procedure 7555; Form 7555-01

1 Request for Qualifications

State University of New York Downstate Health Sciences University (“SUNY Downstate,” “Downstate,” “DHSU,” and “The University”) is seeking Statement of Qualifications (SOQ) from consultant design firms/teams for full professional architectural/engineering services to renovate the BSB Lecture Hall #1, and adjacent support spaces including enlarging the janitorial space into the existing Projection room, the creation of AV space in the existing Film Review Rooms.

Services will also include surveying and documentation of existing conditions.

2 Instructions Interested firms shall submit a SOQ not later than 12:00 PM on Wednesday, October 22, 2025.

The submitting firm 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 proposals being submitted. By signing the Offeror indicates full knowledge and acceptance of this Statement for Qualifications (SOQ) including Exhibits A and A-1.

The SOQ 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 five (5) completely bound SOQ packages, one of which shall have original signatures, and one (1) USB flash drive containing pdf copies of the complete Request For Proposal in the format described herein. The flash drive shall be placed in a sealed envelope, labeled as follows:

• Architectural / Engineering Services – Lecture Hall #1 Renovation – Project# 2391.

• Firm Name

• Firm Address

• Contact Person’s Name / Telephone Number / Email Address

5. SOQs must be received by Sophia Brinnius by the due date and time listed above.

Offerors mailing must allow sufficient time to ensure receipt of their proposals by the time specified. Electronically transmitted qualifications will not be accepted.

a. Submissions are to be addressed to

Sophia Brinnius, Contracts Officer SUNY Downstate Health Sciences University 450 Clarkson Ave – MSC 113 Brooklyn, New York, 11203-2098

Page 5 of 92 SUNY Procedure 7555; Form 7555-01

Pursuant to State Finance Law Section 139-j and 139-k, this RFQ includes and imposes certain restrictions on communications between the University and potential consultants during the procurement process. Respondents are strongly urged to submit all questions by email. Any questions regarding this RFQ shall be directed to one of the following persons only:

Sophia Brinnius 718-270-3109 sophia.brinnius@downstate.edu

Alicia Saleh 718-270-1498 alicia.saleh@downstate.edu (MWBE/SVDOB issues only)

Questions from prospective responders will be considered if received no later than 4:00 p.m. on October 8th, 2025. Responses to Questions will be given by close of business on October 15th, 2025.

2.1 Format of Statement of Qualifications

Statement of Qualifications submissions shall be organized into the following sections. Any forms required by this SOQ must be submitted without any revision to format. Any submissions which deviate from the required format may be rejected. Submittal of forms that have been altered may also result in the SOQ being rejected.

Cover Letter A signed, one (1) page cover letter briefly expressing your firm’s interest in contracting with the University for the services indicated and your understanding of the scope of services to be provided. Indicate the disciplines in which your team has the necessary expertise and experience and can effectively undertake the Project. The cover letter shall also include the name, title, address, phone number and email address of the contact person for the team.

Section 1: Experience Describe the experience of the firm as it directly relates to this Project. This section may include a list of relevant projects completed by the firm/team in the last five years by project name, owner and contact, date completed and budget/cost. A more descriptive presentation of the five (5) most relevant projects shall be limited to two (2) pages per example, including descriptive information and graphics. Each of these five projects shall include the following information:

1. Project name, owner and address

2. Owner’s Project contact name, title and telephone/email (who may be contacted by the

University for information as to the firm’s performance).

3. Description of services provided – architecture/engineering / study / planning / design / construction phase services and date of completion.

4. Issues or obstacles unique to the project and techniques employed to solve the problem.

Section 2: Project Organization Provide an organization chart showing the firm(s), including subconsultants, that may compose a team for this Project. This chart shall provide the consultant / subconsultant name and role, as well as the title and function of the key project personnel.

• Consultant / Subconsultants and MWBE & SVDOB Utilization mailto:sophia.brinnius@downstate.edu mailto:edmund.folkes@downstate.edu

Page 6 of 92 SUNY Procedure 7555; Form 7555-01 September 2020 o The Consultant’s team shall include subconsultants with the relevant expertise and experience to successfully accomplish the Project.

o As further described in other sections herein, under Evaluation Criteria and Required Consultant Documentation, the University recognizes its obligation and is committed to providing meaningful opportunities for NYS Certified MWBE and SDVOB entities. The Consultant shall indicate in this Section if it or subconsultants have such certifications and their roles in the team.

Section 3: Project Staffing Resumes, limited to one (1) page per person, shall be provided for each key personnel planned for the Project. Resumes shall include name, firm title, licenses, affiliations, education and relevant project experience – including such with similar institutions or agencies as DHSU.

Section 4: References The consultant shall provide five (5) names with contact information [organization, title, telephone and email] for individuals who may be requested to provide information as to the firm’s performance on past / current projects.

2.2 Mandatory Pre-Bid Meeting/ Mandatory Walk-Through

Potential proposers will have the opportunity to view representative parts of the Project’s existing conditions on Wednesday, October 1, 2025, at 10 AM. Firms planning to attend must notify Sophia Brinnius, 718-270-3109 not later than 1 PM on Monday, September 29th, 2025, providing the names of attendees. Attendees will gather promptly at the noted time in DHSU’s lobby, 450 Clarkson Avenue, Brooklyn, NY, 11203 and shall be prepared to present State issued identification, as well as complying with all other current requirements for admission to the facility. No other pre-submission meeting will be available.

2.3 RFQ Process and Evaluation Criteria

The basis for selection of a design consultant/team shall be demonstrated competence and qualifications for the type of services described herein. Each response to this RFQ will be reviewed by an interdisciplinary committee at FM&D, evaluated and ranked using forms 7555-04, 7555-05 and 7555-06 attached hereto. See below for the general criteria.

NO Cost Proposal is to be submitted with your Proposal. If you submit a cost proposal, SUNY- DHSU reserves the right to disqualify your submission.

• SOQs will be reviewed by a Selection Committee comprised of design professionals from SUNY Downstate.

• The Committee will develop a Short List of consultants.

• Each Committee member, after reviewing all SOQs will numerically rate each consultant/team using established criteria including: 1. Firm qualifications and experience relevant to this Project.

2. Qualifications of proposed key personnel.

3. Previous project experience demonstrating the particular expertise this Project requires.

4. Proposed M/WBE / SDVOB participation.

5. References.

Page 7 of 92 SUNY Procedure 7555; Form 7555-01

6. And any additional criteria that the Committee may deem appropriate to this Project.

• Upon conclusion of the aforementioned evaluation the Committee will develop a Short List of consultants. They may consider the total numerical score that resulted from applying the above criteria, and then assign the following numerical ranking to each submission: o 1 - firm should not be considered for this contract o 2 – firm may merit further consideration for this contract o 3 – firm merits further consideration for this contract

• The Committee reserves the right to conduct interviews with short listed firms. Interviewed firms will be evaluated and ranked numerically using similar criteria to that described above, which will be provided to interviewees prior to the meeting.

• The submission with the highest numerical ranking – either on the short list or after the interviews – will be requested to submit a fee proposal.

• Upon successful negotiation and mutual acceptance of a fee proposal an Agreement will be offered and executed by the firm and the University.

• Should agreement on the fee be unattainable, the University may request a fee proposal from the next highest-ranking team.

References The consultant shall provide five (5) names with contact information [organization, title, telephone and email] for individuals who will provide information as to the firm’s performance on past / current projects. References will be used in the selection of the most qualified consultant from the Short List. SUNY DHSU may or may not contact

3 Scope of Services

3.1 Background

SUNY Downstate Health Sciences University

SUNY Downstate is one of the nation’s leading urban medical centers. It is Brooklyn’s only academic medical center. Its main campus, located in Central Brooklyn/East Flatbush consists of

– the Health Science Education Building, an eight story academic facility completed in about 1992;

the Basic Sciences Building, an eight story research and academic facility completed in 1963;

University Hospital at Downstate, an eight story, 345 bed teaching hospital, approximately 689,000 gross square GSF, constructed in 1965; The School of Public Health/College of Medicine Academic & Research Complex - a teaching, research and conference facility of 80,000 GSF, completed in 2018; a nurses’ residence, parking facilities, dormitories and a Student Center. There are also outpatient facilities / community health centers in nearby neighborhoods.

Basic Science Building The Basic Science Building (BSB), built in 1956, is located at 450 Clarkson Avenue. It houses the College of Medicine, School of Graduate Studies, Student Affairs Administration, Student Admissions, Bursar, Registrar, President’s Office Financial Aid, Institutional Advancement, labs, auditoriums/lecture halls, a library, classrooms, and a large animal laboratory facility.

https://www.downstate.edu/college-of-medicine/index.html https://www.downstate.edu/grad/

Page 8 of 92 SUNY Procedure 7555; Form 7555-01

The Project Located on the first floor of the Basic Sciences Building, Lecture Hall #1 Seats 220. It was originally a laboratory, now utilized mainly as a lecture hall that also serves as an overflow space for Alumni Auditorium events. The interior finishes are in very poor condition, audio-visual is out dated or non-existent, the fixed seating is well past its life expectancy, infrastructure is antiquated, heating, ventilation and air conditioning (HVAC) is inadequate making it a challenging learning experience.

Available Data SUNY Downstate has architectural and engineering documents available covering most disciplines and trades for each of its facilities. All plans and documents are not necessarily available in consistent formats, and may not be as-builts. Asbestos and other hazardous materials have been remediated only on a project-by-project basis as renovations and modifications have taken place. Available data will be provided to the selected consultant in response to specific requests. Consultants should expect to provide field verification as a minimum, if not a full survey of existing conditions in order to execute the Project.

3.2 Scope of Services

Project Objectives

• Provide a functioning, safe, code compliant lecture space. That includes, but is not limited to the following.

o Upgrade HVAC systems o New seating with power (to be provided by owner) o Replace existing lighting with new lighting and controls o Install acoustic panels o Provide new flooring o Repair and repaint existing walls o Provide power and data where needed o Remove and reinstall Wireless Access Points (WAPs) o Remove and reinstall sprinklers o Remove and reinstall fire devices o Provide podium as spec’d provided by owner o Design space that integrates whiteboard and room monitors

Remove existing projection booth and install new AV system as specified by owner

Cut and cap existing lab piping in Rewind rooms

General Tasks The services required, and expectations for this Project shall include, but not be limited to the following:

1. The Design Consultant will provide all professional architectural and engineering services, as outlined in the SUNY Design Consultant Contract 7555-010, (attached) necessary to accomplish the objectives and tasks of the Project and Contract, whether with its own

Page 9 of 92 SUNY Procedure 7555; Form 7555-01 staffing or the utilization of subconsultants to cover the necessary disciplines.

2. Design Phase services include --

a. Predesign survey, documentation, meetings.

• Meetings with FM&D Design & Construction personnel to understand, confirm and document the goals and objectives of the project.

• Review of data/documents on the existing conditions.

• Visiting the site to confirm existing conditions.

• A hazardous materials report is required as part of the consultant proposal indicating where the samples were taken with identification of results of each sample.

Photographs shall be taken and included to show typical conditions. The report should include an estimate of the total quantities of the various hazardous materials that will require removal so that a complete set of demolition/abatement documents can be prepared with a cost estimate.

One copy of the report shall be sent to the campus in paper copy and electronically.

b. Construction Documents will conform with the University’s Construction Bidding needs and procedures, e.g., allowances, Final Construction Cost Estimate, etc.

c. Providing Construction Cost Estimates and Project Scheduling throughout the Design Phase to meet project budget.

Bid Period

• Bidding the Design & Construction documents concludes the Design Phase, and the

Consultant’s participation during this period includes assistance in advertising, analysis of proposals and vetting of potential contractors.

3. Construction Phase services include –

a. Administration of the Contract for Construction, including Closeout activities; as outlined in the Consultant’s Agreement and the Contract for Construction.

4. The Consultant will participate in or conduct meetings with DHSU administration

5. Coordination of Design and Construction Phase activities with other consultants, regulatory agencies or vendors to the University for the Project, e.g., DOH/CON applications, security, fire detection/protection, furniture/furnishings, etc.

a. University policies may determine that this Project require a PLA (Project Labor

Agreement), in which case the Consultant will support and coordinate as necessary in the feasibility study to determine if such is beneficial; and the PLA. Such is typically confirmed after acceptance of Schematic Design Phase.

b. After the acceptance of the Schematic Design Phase the University will determine if the Project will benefit from the services of a CMa, with which the Consultant will coordinate all activities.

6. Provide a plan for phasing the work that is in concert with guidelines noted in the above Project Phasing section. If phasing of the construction is necessary, it should be considered as early in the Design Phase as practicable, refined as the design progresses, included in each construction cost estimate, and modified as may be necessary to accommodate the accepted Construction Schedule. All phasing shall be approved by the involved departments and Administration prior to completion of the Construction Documents, and with any modifications.

Page 10 of 92 SUNY Procedure 7555; Form 7555-01

3.3 Program Budget

The University is establishing a Total Project Budget that is likely to be $1m; this includes Architectural / Engineering Design and all consultant services, construction and all equipment and soft costs. This is not a construction cost estimate or a contracted amount in anyway. The budget is based on preliminary programmatic costs per SF and historical references as to design and construction costs. DHSU may elect to modify the scope and budget at any time during the progress of the Project based on its then needs and priorities. Most notably, Downstate will review the results of the Schematic Design Phase, and its Construction Cost Estimate, and confirm the Project’s scope and budget at the time.

3.4 Basic Design Fee

DHSU will negotiate a project design fee with the most qualified bidder for the Project that is fair and reasonable for the services to be rendered.

1. The total compensation shall be a lump sum amount.

2. Total compensation includes compensation for basic services and reimbursable expenses;

extra and special compensation, if any, may be authorized by the University based on terms described in the Agreement.

3.5 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.

3.6 Time of Completion Schedule

The work proposed under this Project is for a space renovation that should comply with all state codes. The design phase should be completed in 7 months or less, including Project cost estimating, and review/acceptance of the Design and Construction Documents and Bid Phase services. The selected design Consultant will submit a Preliminary Project Schedule with the bid proposal, and will be expected to monitor and update the Project Schedule as the Design progresses.

Further, within current State procurement processes, the following may be considered as a guide:

• Design Consultant Procurement o RFP Advertisement 5 weeks o Review of the bids/consultant, and Award 4 weeks o Contract Prep / Execution 4 weeks

• Design Phase o Existing Conditions Survey, Design and Construction

Documents, including Cost Estimates & Reviews 28weeks o Bid Period Advertisement 5 weeks Bidding, Vetting, Negotiation, Award, 6weeks Contract Execution 4 weeks

• Construction Phase TBD http://www.suny.edu/sunypp/lookup.cfm?lookup_id=775 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=776 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=777

Page 11 of 92 SUNY Procedure 7555; Form 7555-01

4 General Conditions The following items will be incorporated into, and made part of, the formal agreement: (1) SUNY’s RFP; (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 RFP; and (5) the Successful Offeror's proposal.

4.1 Additional Terms & Conditions

4.1.1 Vendor Debriefing and Protest

Respondents to this RFP will be given written notice as to whether their submission was successful or unsuccessful. Upon being notified of results, proposers may request a debriefing in writing within 15 calendar days of such notice. The 15-day period starts once unsuccessful proposers are notified. Upon a firm’s request for a debriefing:

a. The University will schedule the debriefing within a reasonable time of such request.

b. The debriefing will be conducted in person with the firm, unless the University and the firm mutually agree to use another method such as by telephone, video conference or another type of electronic communication.

c. Proposers’ written request must state whether the firm will be attending with counsel, to allow the University to arrange for University counsel attendance if so determined.

d. The debriefings will cover, but not limited to the following:

(i) The reason why the submission was unsuccessful.

(ii) The quantitative and qualitative analysis that was used by the campus to assess the relative merits of the bid, proposal or offer.

(iii) How the selection criteria were applied.

(iv) If the request for debriefing is made prior to contract award, the debriefing shall be limited to review of the firm’s submission.

(v) If the debriefing is held after the final award (which means OSC approval, if applicable) it, may cover the reason for the selection of the winning proposal.

(vi) To the extent practicable, general advice and guidance on the ways the bidder can improve future proposal submission or be more responsive.

2. Contract Award Protest Procedures

4.1.2 Proposers wishing to protest a contract award may do so in accordance with the University’s procedures, available at:

https://www.suny.edu/sunypp/documents.cfm?doc_id=699

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) https://www.suny.edu/sunypp/documents.cfm?doc_id=699

Page 12 of 92 SUNY Procedure 7555; Form 7555-01 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.

4.1.3 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.

4.2 Required Consultant Documentation

4.2.1 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 _30__% for MWBE participation, _16_% for Minority-Owned Business Enterprises (“MBE”) participation and __14_% 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 Proposers 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 to the New York State Contract System, accessed at: http://ny.newnycontracts.com. The selected awardee may provide such evidence via a non-electronic method approved by the University.

4.2.2 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.

https://www.suny.edu/sunypp/lookup.cfm?lookup_id=856 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=775 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=776 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=777 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=615 http://ny.newnycontracts.com/

Page 13 of 92 SUNY Procedure 7555; Form 7555-01

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).

4.2.3 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 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=858 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=775 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=776 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=777 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=621 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=621

Page 14 of 92 SUNY Procedure 7555; Form 7555-01

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.

4.2.4 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.

4.2.5 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 Proposers must sign and submit the certification attached to this IFB, SUNY Form 7555-18.

4.2.6 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 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=627 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=889

Page 15 of 92 SUNY Procedure 7555; Form 7555-01 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 Proposers must sign and submit the certification attached to this IFB, SUNY Form 7555-18.

4.2.7 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.

4.2.8 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

Page 16 of 92 SUNY Procedure 7555; Form 7555-01

State business enterprises, including minority and women-owned business enterprises as proposers, 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

4.2.9 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, /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.

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, /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 /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.

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

4.2.10 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, Page 17 of 92 SUNY Procedure 7555; Form 7555-01 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 Million 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.

4.2.11 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.

4.2.12 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 https://www.osc.state.ny.us/state-vendors/vendrep/vendrep-system https://www.osc.state.ny.us/state-vendors/vendrep/vendrep-system mailto:ciohelpdesk@osc.state.ny.us http://www.osc.state.ny.us/vendrep

Page 18 of 92 SUNY Procedure 7555; Form 7555-01 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.

http://online.onetcenter.org/

Page 19 of 92 SUNY Procedure 7555; Form 7555-01

4.2.13 Contract Award Protest Procedure

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

4.3 Additional Terms & Conditions

1. The terms and conditions of the…