RFP_Actuarial Services.pdf

Olympic Authority – Actuarial Services RFP 2026

Request for Proposals (RFP) for

ACTUARIAL SERVICES

Dated: October 30, 2026

RFP Release Date: October 30, 2026

RFP Proposals Due: December 3, 2026, 2:00 PM ET

TABLE OF CONTENTS

Section 1. Definitions

Section 2. Olympic Authority Mission and Venues

Section 3. Overview and Objective

Section 4. Registered Proposers, RFP Timetable & Proposal Submission

Section 5. Designated Contact, RFP Questions and Clarifications & Proposal Exceptions

Section 6. Administration Information

Section 7. Scope of Services

Section 8. Minimum Qualifications

Section 9. Proposal Content and Format

Section 10. Evaluation Criteria and Best Value Selection

Section 11. Modification/Withdrawal/Rejection of Proposals

Section 12. Contract Clauses and Requirements

Section 13. Attachments

A. Price Proposal Form B. Olympic Authority Procurement Requirements/Certifications D. Form of Professional Services Agreement

Section 1. Definitions

In addition to the terms capitalized and defined in the body of this RFP, the following terms are defined as set forth below.

1.1 Consultant – the successful proposer to whom a services agreement is issued pursuant to this RFP.

1.2 Request for Proposals or RFP – this Request for Proposals.

1.3 ORDA / Olympic Authority – the New York State Olympic Regional Development Authority.

1.4 Offeror or offerer or proposer – any person, partnership, firm, corporation, or other authorized entity submitting a proposal to the Olympic Authority pursuant to this RFP.

1.5 Actuarial Services - the actuarial valuation, analysis, consulting, reporting, and related services described in Section 7 below and any additional services authorized by the Olympic Authority.

1.6 OPEB – “Other Postemployment Benefits” including retiree health and other postemployment benefits for which the Olympic Authority has an obligation or potential obligation.

1.7 Valuation – an actuarial valuation and related calculations prepared in accordance with applicable professional actuarial standards and governmental accounting requirements.

Section 2. Olympic Authority Mission and Venues

The mission of the New York State Olympic Regional Development Authority (Olympic Authority) is to create economic and social benefit in the Adirondacks and Catskills by operating year-round venues that provide recreational and athletic development opportunities, achieved through a commitment to continuous improvement and emphasis on environmental stewardship, fiscal responsibility, and the delivery of world-class programs and experiences to persons of all ages and abilities.

The Olympic Authority has multiple venues located in Essex, Ulster and Warren Counties consisting of Belleayre Mountain, Gore Mountain, Lake Placid Olympic Center, Mt Van Hoevenberg, Olympic Jumping Complex, and Whiteface Mountain.

Section 3. Overview and Objective

3.1 Overview

The Olympic Authority is issuing this RFP to solicit qualified actuarial firms to provide actuarial valuation and consulting services. The selected Consultant will provide independent, technically sound actuarial analysis to support the Olympic Authority's financial reporting, budgeting, financial planning, benefit administration, and other actuarial needs.

The primary anticipated service is the preparation of actuarial valuations and related disclosures for the Olympic Authority's OPEB, including support necessary for the Olympic Authority's financial statements and implementation of applicable Governmental Accounting Standards Board (GASB) requirements. The Olympic Authority may also request additional actuarial studies, projections, experience analyses, benefit modeling, or other actuarial consulting services during the contract term.

3.2 Objective

The Olympic Authority’s objective is to retain an actuarial firm that can:

• Provide accurate, timely, and well-documented actuarial valuations and calculations;

• Apply applicable GASB standards and actuarial professional standards to the Olympic

Authority's circumstances;

• Provide clear explanations of assumptions, methods, changes in liabilities, and the factors affecting actuarial results;

• Work effectively with Olympic Authority finance, human resources, benefits, legal, and executive personnel and the Olympic Authority's independent auditors;

• Provide timely responses to audit questions and requests for supporting schedules and documentation;

• Assist the Olympic Authority in understanding the financial and budgetary implications of benefit obligations and changes in assumptions or plan provisions; and

• Provide responsive, practical, and cost-effective actuarial consulting throughout the contract term.

Section 4. Registered Proposers, RFP Timetable & Proposal Submission

4.1 Registered Proposers

To become a registered proposer the following information shall be submitted to the designated contact: Organizational Name and Mailing Address, Primary and Secondary Contact Names, Phone Numbers and Email Addresses. (Secondary Contact is MANDATORY).

Only Registered Proposers shall be allowed to submit a proposal.

4.2 RFP Timetable

The following timetable is established for this RFP and is subject to change. The Olympic Authority may extend the due date for proposals by issuance of published addenda to this RFP.

Prior to submitting a proposal, respondents should check the NY State Contract Reporter website (https://www.nyscr.ny.gov) or the Olympic Authority’s website (https://orda.org/do-business/) to confirm the issuance of any addenda relating to this RFP schedule.

Issuance of RFP: October 30, 2026 Deadline for Submission of Questions: November 16, 2026 @ 3:00 PM ET Issuance of Responses to Questions: November 20, 2026 Proposal Due Date: December 3, 2026 @ 2:00 PM ET https://www.nyscr.ny.gov/ https://orda.org/do-business/

Anticipated Contract Start Date: January 1, 2027

4.3 Proposal Submission

Only proposals from Proposers who furnish all required information and meet the mandatory requirements will be considered. Submit all required proposal documents to the Olympic Authority at the following address:

Olympic Regional Development Authority Attn: Edward Kowalewski, Jr., Assistant Counsel 37 Church Street Lake Placid, NY 12946

E-MAIL OR FAX BID SUBMISSIONS ARE NOT ACCEPTABLE AND WILL NOT BE

CONSIDERED.

The Olympic Authority will not be held liable for any cost incurred by the Proposer for work performed in the preparation and production of a proposal or for any work performed prior to the formal execution of a contract. Proposals must be received at the above address on or before 2:00 PM ET on the date indicated in Section 4.2. The received time of proposals will be determined by the Olympic Authority at the above noted location. Proposers assume all risks for timely, properly submitted deliveries.

LATE PROPOSALS MAY BE REJECTED

Any proposal received at the designated location after the established time will be considered a Late Proposal. A Late Proposal may be rejected and disqualified from award. Notwithstanding the foregoing, a Late Proposal may be accepted in the Olympic Authority’s sole discretion where

(i) no timely proposals meeting the requirements of this RFP are received, or (ii) the proposer has demonstrated to the satisfaction of the Olympic Authority that the Late Proposal was caused solely by factors outside the control of the proposer. However, in no event will the Olympic Authority be under any obligation to accept a Late Proposal. The basis for any determination to accept a Late Proposal shall be documented in the procurement record.

FIRM OFFER

Proposals must remain an effective offer, firm and irrevocable, for at least sixty (60) calendar days from the due date, unless the time for awarding the contract is extended by mutual consent of the Olympic Authority and the proposer. A proposal shall continue to remain an effective offer, firm and irrevocable, subsequent to such sixty (60) calendar-day period until the Olympic Authority’s issuance of a services agreement or withdrawal of the proposal in writing by proposer.

OWNERSHIP OF RFP AND PROPOSALS

This RFP remains the property of the Olympic Authority at all times, and all responses to this RFP, once delivered, become the property of the Olympic Authority.

Section 5. Designated Contact, RFP Questions and Clarifications & Proposal Exceptions

5.1 Designated Contact

Important guidelines regarding communications during this procurement are included in this RFP as part of the Olympic Authority Procurement Requirements/Certifications (see, Offerer’s Affirmation of Understanding of, and Agreement Pursuant to, State Finance Law §139-j(3) & §139-j(6)(b) (Procurement Lobbying)) (https://media.orda.org/?r=34529&k=93d2ee94a4). Interested parties are advised to be familiar with these guidelines before contacting Olympic Authority staff, as prohibited contact or communication may result in disqualification from participation in this RFP.

The following individual is the ONLY Designated Contact for this RFP process.

Designated Contact: Edward Kowalewski, Jr.

E-mail: ekowalewski@orda.org Phone: 518-302-5313 Mailing Address: Olympic Regional Development Authority

37 Church Street Lake Placid, NY 12946

5.2 RFP Questions & Clarifications

All questions regarding this RFP, including questions regarding the minimum qualifications and specifications, should be emailed to Edward Kowalewski, Jr. at ekowalewski@orda.org by the date and time indicated in Section 4.2. Questions submitted after the deadline indicated may not be answered. A proposer is strongly encouraged to submit questions as soon as possible. The Olympic Authority will provide written responses to all questions of a substantive nature in the form of one or more addendum to this RFP, which shall be published on the NY State Contract Reporter website (https://www.nyscr.ny.gov/) and on the Olympic Authority’s website (https://orda.org/do-business/), and which shall be emailed to all Registered Proposers.

If a proposer intends to submit a proposal that deviates from the requirements of the RFP in any way, the proposed deviations should be submitted during the Questions period so that they may be given due consideration prior to the submission of proposals. See Section 5.3 Proposal Exceptions for additional information.

5.3 Proposal Exceptions

The Olympic Authority will consider all requests to waive any proposal requirement. However, proposers should be aware that failure to obtain a waiver of any proposal requirement in advance of proposal submission could result in rejection of proposer’s proposal and disqualification from the proposal process. Proposers wishing to obtain an exemption or waiver for any part of this solicitation must request such in writing as described in Section 5.2. The request must cite the specific section and requirement in the question, and clearly identify any proposed alternative.

Requests will be considered and responded to and posted in the form of a question and answer document released through an addendum.

https://media.orda.org/?r=34529&k=93d2ee94a4 https://www.nyscr.ny.gov/

Please note that the Olympic Authority will not consider waivers or exemptions to any provision of the Olympic Authority Standard Contract Terms (2025V1) (https://media.orda.org?r=39882&k=b1953e6ae5) (See, also, Attachment D).

All other inquiries and requests for information regarding this RFP must be made in writing and emailed to the Olympic Authority at the address listed in Section 5.1 above. Individual responses will not be provided. The Olympic Authority will provide written responses to questions in the form of one or more addendum to this RFP, which shall be published on the NY State Contract Reporter website (https://www.nyscr.ny.gov/) and on the Olympic Authority’s website (https://orda.org/do-business/), and which shall be emailed to all Registered Proposers.

Such official addenda are the only authorized method used to communicate substantive information, including the clarification or modification of the timeline, any terms, or other requirements of this RFP. Only questions answered by formal written addendum will be binding.

Oral and other interpretations or clarification will be without legal effect.

Section 6. Administration Information

6.1 Method of Award

This is a Best Value procurement conducted pursuant to State Finance Law § 163 and the Olympic Authority's Procurement Guidelines. Because investment advisory services require specialized expertise and professional judgment, this procurement is not a low-bid, sealed-bid solicitation. An award will be made based on the criteria set forth in Section 10 below.

6.2 Term of Contract

It is the intention of the Olympic Authority to issue a services agreement for an initial term of one year, with four (4) options to renew for one (1) year periods.

6.3 Past Practice

The failure to exercise any right hereunder in the past shall not operate as a waiver of such right.

No breach of any contract entered into as a result of this RFP shall be deemed waived unless such waiver shall be in writing and signed by the party claimed to have waived. No waiver of any breach of a contract at any time in the past shall constitute a waiver of subsequent breach.

6.4 Consultant Responsibilities

The Consultant shall be solely responsible for all compliance with terms and conditions in this RFP or any resulting contract. The Consultant may not engage a subconsultant or any other party to carry out any part of this contract without the prior written consent of the Olympic Authority.

The Consultant accepts full responsibility for the actions of any employee who carries out any of the provisions of a contract resulting from this RFP.

6.5 Inspection of Books

It is expressly understood and agreed that the Olympic Authority shall have the right to inspect and audit the Consultant’s records covered under this RFP. The Olympic Authority requires the retention of all material that is pertinent to an audit of the operations under any contract resulting from this RFP for a full six-year period.

https://media.orda.org/?r=39882&k=b1953e6ae5 https://www.nyscr.ny.gov/

Section 7. Scope of Services

The selected Actuarial Consultant (Consultant) shall provide the following services, at a minimum.

Proposers may identify additional services that they believe would provide value to the Olympic Authority, provided that such services are separately identified and priced.

7.1 OPEB Actuarial Valuation

• Prepare a comprehensive actuarial valuation of the Olympic Authority's OPEB obligations at the frequency required by applicable GASB standards and the Olympic Authority's financial reporting requirements.

• Determine the actuarial present value of benefits, total OPEB liability, fiduciary net position where applicable, net OPEB liability, service cost, interest cost, benefit changes, and other required measures.

• Calculate and provide all schedules and information necessary for the Olympic Authority's annual financial statements and related disclosures under applicable GASB standards, including GASB Statements 74 and 75, as applicable.

• Evaluate and document the census data, benefit provisions, plan terms, eligibility requirements, contribution requirements, and other information used in the valuation.

• Identify data exceptions, missing information, inconsistencies, or unusual changes and work with Olympic Authority staff to resolve them before finalizing the valuation.

• Provide a reconciliation of changes in the OPEB liability from the prior valuation or measurement date, including explanations of significant changes.

• Provide sensitivity analyses or alternative measurements when reasonably requested by the Olympic Authority.

7.2 Actuarial Assumptions and Methods

• Recommend appropriate actuarial assumptions and methods, including discount rate, healthcare cost trend rates, mortality, turnover, retirement, disability, salary or wage assumptions where applicable, participation, plan election, and other demographic or economic assumptions.

• Explain the basis for each material assumption and identify the source of relevant experience studies, published tables, external data, or other supporting information.

• Identify assumptions that have changed from the prior valuation and quantify the financial effect of material changes.

• Advise the Olympic Authority when an assumption requires review or reconsideration based on emerging experience, changes in plan provisions, market conditions, or applicable professional or accounting guidance.

• Provide documentation sufficient for review by the Olympic Authority's independent auditors.

7.3 GASB and Financial Reporting Support

• Provide actuarial schedules, exhibits, and narrative explanations necessary for inclusion in the Authority's annual financial statements and financial reporting workpapers.

• Assist the Olympic Authority in interpreting and applying applicable GASB requirements relating to OPEB and other actuarially determined obligations.

• Provide information necessary to support the Olympic Authority's implementation and ongoing compliance with applicable GASB standards, including new standards becoming effective during the contract term.

• Respond to questions from the Olympic Authority's independent auditors and provide reasonable supporting documentation requested during the annual audit.

• Assist with management discussion and analysis, note disclosure support, or other financial reporting questions when actuarial expertise is required.

7.4 Data and Census Review

• Review employee and retiree census data supplied by the Olympic Authority for completeness and reasonableness.

• Identify duplicate records, missing fields, unusual demographic information, benefit eligibility issues, or other data concerns that could materially affect the valuation.

• Provide clear data templates and instructions to facilitate annual data collection.

• Coordinate with Olympic Authority finance and human resources/benefits personnel to resolve data issues before valuation completion.

• Maintain appropriate confidentiality and security of all employee, retiree, compensation, and benefit information.

7.5 Benefit Plan and Scenario Analysis

• Analyze the actuarial impact of proposed or actual changes to retiree medical, dental, prescription, or other OPEB provisions when requested.

• Provide cost estimates for alternative plan designs, eligibility provisions, employer contributions, or other benefit changes when requested.

• Model the potential financial impact of changes in assumptions, demographic experience, healthcare costs, discount rates, or other significant factors.

• Provide projections of OPEB liabilities and expense when requested for budgeting, long-range planning, or financial analysis.

7.6 Consultation and Advisory Services

• Provide ongoing access to qualified actuarial professionals for questions related to the Olympic Authority's benefit obligations and actuarial results.

• Participate in meetings with the Chief Financial Officer, finance staff, human resources/benefits personnel, executive leadership, auditors, or Board/Audit Committee representatives as reasonably requested.

• Present actuarial results to the Olympic Authority's Board, Audit Committee, or other governing body when requested.

• Provide timely advice concerning the actuarial implications of changes in laws, regulations, GASB standards, professional standards, benefit provisions, or other relevant developments.

7.7 Deliverables and Timetable

The Consultant shall provide a proposed annual work plan and schedule following contract award.

The Authority anticipates an approximately nine-week actuarial valuation process based on the schedule successfully used for past year’s valuations. The process shall begin no later than the week of February 22, 2027, with final valuation results and the final actuarial report completed no later than April 30, 2027.

The following schedule represents the Olympic Authority's anticipated project timeline. The Consultant may recommend reasonable adjustments to individual task dates following the kickoff meeting, provided that the April 30, 2027, completion date is maintained.

The Consultant shall provide, at a minimum:

• Draft actuarial valuation report;

• Final actuarial valuation report;

Task

Responsibility Preliminary Timetable

1. Issue data collection instructions Consultant Week of February 22, 2027

2. Prepare census data Authority Week 1–2 – Feb. 22–Mar. 5

3. Prepare premium/claims data Authority Week 1–2 – Feb. 22–Mar. 5

4. Provide accounting/actual plan cost information for fiscal year

Authority Week 2 – Mar. 1–5

5. Resolve data queries, if any Consultant / Authority

Week 3 – Mar. 8–12

6. Review prior year valuation assumptions and make recommendations for updated assumptions, where necessary

Consultant Week 3 – Mar. 8–12

7. Meeting to review assumption and recommendations and confirm assumptions to be used

Consultant / Authority

Week 4 – Mar. 15–19

8. Prepare summary of verified data Consultant Week 5 – Mar. 22–26

9. Prepare summary of claims data Consultant Week 5 – Mar. 22–26

10. Develop preliminary valuation results Consultant Week 6 – Mar. 29–Apr. 2

11. Conference call to discuss preliminary results

Consultant / Authority

Week 7 – Apr. 5–9

12. Finalize valuation results and issue final actuarial report Consultant Weeks 8–9 –

Apr. 12–30

• Required GASB schedules and supporting exhibits;

• Assumption and methodology documentation;

• Census/data review memorandum or equivalent documentation;

• Summary of significant changes from the prior valuation;

• Electronic copies of all final calculations and schedules in commonly usable formats; and

• Reasonable responses to audit and management follow-up questions.

7.8 Independence and Conflicts

The Consultant shall disclose any actual, potential, or perceived conflict of interest involving the Olympic Authority, its benefit plans, service providers, or other parties connected with the engagement. The Consultant shall maintain professional independence and comply with applicable actuarial professional standards.

Section 8. Minimum Qualifications

To be considered responsive, a Proposer must demonstrate that it:

• Has been providing actuarial services for a minimum of five (5) years;

• Has demonstrated experience providing OPEB actuarial valuation and GASB reporting services to governmental entities, public authorities, municipalities, school districts, colleges/universities, or comparable public-sector organizations;

• Has qualified actuarial professionals, including at least one Fellow or Associate of the Society of Actuaries or other credential appropriate to the services proposed, with relevant OPEB experience;

• Has demonstrated knowledge of GASB requirements applicable to governmental OPEB reporting, including GASB Statements 74 and 75, as applicable;

• Maintains professional liability/errors and omissions insurance with limits acceptable to the Olympic Authority and provides evidence of coverage upon request;

• Is not currently debarred, suspended, or otherwise excluded from contracting with New York State or its political subdivisions; and

• Has sufficient staffing and resources to meet the Authority's required valuation and financial reporting deadlines.

Section 9. Proposal Content and Format

Proposals should be concise, well organized, and not exceed thirty (30) pages, excluding required forms, appendices, sample reports, and other supporting documents specifically requested by this RFP. Proposals must include the following sections, in order:

1. Cover Letter and Executive Summary

A signed cover letter summarizing the firm's qualifications, understanding of the engagement, proposed approach, and key reasons the Olympic Authority should select the firm, executed by an individual authorized to bind the firm.

2. Firm Overview and Experience

• Firm history, ownership structure, and principal office location;

• Number of actuarial professionals and relevant support staff;

• Experience providing actuarial services to public-sector clients;

• Specific experience with OPEB valuations and GASB 74/75 reporting;

• Experience with organizations having multiple locations, seasonal employees, retirees, or other characteristics comparable to the Olympic Authority;

• Description of any significant ownership changes or restructuring during the past three (3) years; and

• Description of any material litigation, regulatory action, professional disciplinary matter, or significant client dispute involving the firm during the past five (5) years.

3. Key Personnel

• Identify the lead actuary responsible for the engagement;

• Identify all additional team members assigned to the engagement;

• Provide credentials, years of experience, and relevant public-sector/OPEB experience for each key individual;

• Identify backup personnel who will support the account during absences; and

• Describe the expected involvement of senior actuarial personnel in the valuation and review process.

4. Proposed Actuarial Approach

• Describe the proposed valuation methodology and quality-control process;

• Describe the approach to reviewing census data and benefit provisions;

• Describe the process for selecting, reviewing, and documenting actuarial assumptions;

• Describe the firm's approach to GASB 74/75 reporting;

• Describe the process for identifying and explaining changes in liabilities and actuarial results;

• Describe how the firm coordinates with client management and independent auditors; and

• Describe the firm's approach to responding to ad hoc actuarial questions and requests.

5. Deliverables and Project Schedule

Provide a proposed annual schedule identifying major data requests, preliminary calculations, draft valuation, management review, final valuation, GASB schedules, and audit support.

6. Cybersecurity, Data Protection and Artificial Intelligence

The Proposer shall describe its information security program and demonstrate its ability to protect the Olympic Authority's confidential financial, employee, retiree, compensation, and benefit information throughout the term of the engagement. At a minimum, the Proposer shall address:

• Cybersecurity governance, policies, and internal controls;

• Encryption of data in transit and at rest;

• Multi-factor authentication;

• Identity and access management;

• Network monitoring and intrusion detection;

• Backup and disaster recovery capabilities;

• Incident response procedures;

• Independent cybersecurity assessments, certifications, or audits performed within the past three (3) years, such as SOC 2 Type II, ISO 27001, or equivalent;

• Material cybersecurity incidents, data breaches, ransomware events, or unauthorized disclosures during the past five (5) years and corrective actions taken;

• Whether the firm uses Artificial Intelligence, Generative AI, machine learning, or similar technologies in providing services;

• Governance, human review, validation, and confidentiality controls for any AI used; and

• Whether Olympic Authority information would be entered into a publicly available or open

AI platform or used to train or improve any third-party AI model.

Unless expressly authorized in writing by the Olympic Authority, the successful Proposer shall not upload, submit, disclose, or otherwise transmit Olympic Authority confidential information, employee information, financial data, benefit information, actuarial data, reports, communications, or other non-public information to any publicly available artificial intelligence platform, large language model, or similar technology for processing, analysis, model training, or any other purpose.

7. References

A minimum of three (3) references from current or former public-sector clients of comparable size and complexity to the Olympic Authority, including client name, contact person, phone number, email, dates of service, and a description of the services provided.

8. Client Retention

State whether any public-sector client has terminated its relationship with the firm during the past five (5) years. If yes, provide the client name, approximate scope of services, duration of engagement, and reason for termination.

9. Fee Proposal

Provide a complete fee proposal using Attachment A. Fees should identify the annual base valuation fee and any separate fees for optional or additional services. Clearly identify assumptions regarding census size, valuation frequency, special studies, meetings, audit support, and other services. Fee proposals must disclose all anticipated charges. No fees may be charged that are not disclosed in the proposal.

10. Required Forms

A complete proposal must include the following:

Price Proposal Form (Attachment A) Proposal per RFP Section 9 Completed and signed Olympic Authority Procurement Requirements/Certifications

(Attachment B)

All proposers are responsible for reviewing and understanding the Olympic Authority Procurement Requirements/Certifications and for submitting all documents requested therein.

Section 10. Evaluation Criteria and Best Value Selection

The Olympic Authority will evaluate proposals using the criteria and weights below. Award will be made to the responsible and responsive Proposer whose proposal is determined to offer the best combination of qualifications, approach, and cost, as opposed to the lowest-cost proposal alone.

Evaluation Criterion Weight

Firm qualifications, public-sector experience, and staff expertise

25%

Proposed actuarial methodology, GASB expertise, and quality-control approach

25%

Understanding of the Olympic Authority's needs, responsiveness, deliverables, and project schedule

15%

References and demonstrated performance for comparable public-sector clients

10%

Cybersecurity, data protection, and AI controls 5%

Cost / fee proposal 20%

TOTAL 100%

An evaluation committee will independently score proposals against these criteria. The Olympic Authority reserves the right to request oral presentations, interviews, or best-and-final offers from the highest-scoring Proposers prior to final award.

Section 11. Modification/Withdrawal/Rejection of Proposals

A proposal may be modified or withdrawn any time prior to the time specified for receipt of proposals. The modification or withdrawal of a proposal must be in writing on the proposer’s letterhead, dated, and signed by the signatory to the original proposal. The modification or withdrawal must be submitted in a sealed envelope clearly marked “Modification [or Withdrawal] of Olympic Authority Investment Advisory Services RFP 2026 Submitted by [proposer].”

The Olympic Authority reserves the right to reject proposals, postpone, or cancel this RFP, to waive technicalities, irregularities, and omissions, request additional information or clarification of a proposal, or solicit new proposals if, in its judgment, the best interests of New York State will be served by doing so.

Section 12. Contract Clauses and Requirements

12.1 Services Agreement

The form of Services Agreement is attached hereto as Attachment C and shall include the Olympic Authority Standard Contract Terms (2025V1) (https://media.orda.org?r=39882&k=b1953e6ae5), which are hereby expressly made a part of this solicitation document as fully as if set forth at length herein. The Olympic Authority shall not negotiate the terms and conditions of the Services Agreement or the Standard Contract Terms. Proposers shall review the Services Agreement prior to their submission of a proposal to ensure that they are able to comply with the framework of the Services Agreement and Standard Contract Terms.

12.2 General Requirements

• The proposer agrees to adhere to all State and Federal laws and regulations in connection with this RFP and any contract resulting from this RFP.

• The proposer agrees that any contract resulting from this RFP may not be assigned, transferred, conveyed or the work subcontracted without the prior written consent of the Olympic Authority.

• The Olympic Authority’s interpretation of specifications shall be final and binding upon the Consultant.

• The Olympic Authority will make no allowance or concession to the proposer for any alleged misunderstanding because of quantity, quality, character, location, or other conditions.

• The Consultant shall maintain the confidentiality of all information obtained through the engagement and shall comply with applicable privacy and data-security requirements.

12.3. Procurement Rights

The Olympic Authority reserves the right to:

A. Reject any or all proposals received in response to the RFP;

B. Withdraw the RFP at any time at the sole discretion of the Olympic Authority;

C. Make an award under the RFP in whole or in part;

D. Disqualify any proposer whose conduct and/or proposal fails to conform to the requirements of the RFP;

E. Seek clarifications and revisions of the proposal;

F. Amend the RFP prior to the proposal opening to correct errors or oversights, or to supply additional information as it becomes available;

G. Direct proposers, prior to the proposal opening, to submit proposal modifications addressing subsequent RFP amendments;

H. Change any of the schedule dates with notification through the NYS Contract Reporter;

I. Eliminate any mandatory, non-material requirements that cannot be complied with by all of the prospective proposers;

J. Waive any requirements that are not material;

K. Utilize any and all ideas submitted in the proposals received;

https://media.orda.org/?r=39882&k=b1953e6ae5

L. Adopt all or any part of a proposer's proposal in selecting the optimum configuration;

M. Negotiate with a proposer within the RFP requirements to serve the best interests of the Olympic Authority. This includes requesting clarification of any or all proposals;

N. Require clarification at any time during the procurement process and/or require correction of arithmetic or other apparent errors for the purpose of assuring a full and complete understanding of a proposer’s proposal and/or to determine a proposer’s compliance with the requirements of the RFP;

O. Select and award the contract to other than the selected proposer in the event of unsuccessful negotiations or in other specified circumstances as detailed in the RFP;

and/or

P. Accept and consider for contract award proposals with non-material proposal deviations or non-material proposal defects such as errors, technicalities, irregularities, or omissions.

Please Note: The Olympic Authority is not liable for any cost incurred by a proposer in the preparation and production of a proposal or for any work performed prior to the issuance of a contract.

12.4 Debriefings

Any unsuccessful proposer may request a debriefing regarding the reasons that the proposal submitted by the proposer was not selected for award. Requests for a debriefing must be made within fifteen (15) calendar days of notification by the Olympic Authority that the proposal submitted by the proposer was not selected for award. Requests should be submitted in writing to the Designated Contact identified in this RFP.

12.5 Termination

• The Olympic Authority may, upon thirty (30) days’ notice, terminate the contract resulting from this RFP in the event of the awarded proposer’s failure to comply with any of the RFP’s requirements unless the awarded proposer obtained a waiver of the requirement.

In addition, the Olympic Authority may also terminate any contract resulting from this RFP upon ten (10) days written notice if the Consultant makes any arrangement or assignment for the benefit of the creditors.

• The Olympic Authority reserves the right to terminate the contract resulting from this RFP in the event it is found that the certification filed by the consultant in accordance with New York State Finance Law §139-k was intentionally false or intentionally incomplete. Upon such finding, the State may exercise its termination right by providing written notification to the consultant in accordance with the written notification terms of the contract.

12.6. Insurance

The consultant shall be required to procure, at its sole cost and expense, all insurances as set forth in Exhibit 2 to the Services Agreement (Attachment D hereto). Within five (5) days of issuance of a notice of intent to award, the consultant shall be required to provide proof of all insurances. Proof of insurance shall also be provided after renewal or upon request by the Olympic Authority.

12.7. Minority and Women-Owned Business Enterprises

It is the policy of the Olympic Authority to foster and promote participation of New York State Certified Minority Business Enterprises (MBE) and New York State Certified Women-Owned Business Enterprises (WBE) (collectively, MWBE) in its procurements and the development of such enterprises and to facilitate a fair share of the awarding of procurement contracts to such enterprises.

For purposes of this procurement, the Olympic Authority has determined that the contract does not offer sufficient opportunities to set goals for participation by MWBEs as subconsultants, service providers, and/or suppliers to the awarded consultant. Accordingly, hereby establishes an overall goal of 0 % for MWBE participation, 0% for MBE participation and 0% percent for WBE participation (based on the current availability of MBEs and WBEs). Consultant is encouraged to make every good faith effort to promote and assist the participation of MWBE on this contract for the provision of services or materials. To locate New York State Certified MWBEs, the directory of Certified Businesses can be viewed at: https://ny.newnycontracts.com.

12.8. Service Disabled Veteran-Owned Business Enterprises

It is the policy of the Olympic Authority to increase participation of certified New York State Certified Service-Disabled Veteran-Owned Business Enterprises (SDVOB) in its procurements.

For purposes of this procurement, the Olympic Authority conducted a comprehensive search and determined that the contract does not offer sufficient opportunities to set specific goals for participation by SDVOBs as subconsultants, service providers, and/or suppliers to the awarded consultant. Nevertheless, the consultant is encouraged to make good faith efforts to promote and assist in the participation of SDVOBs on the contract for the provision of services and materials. The directory of New York State Certified SDVOBs can be viewed at:

https://ogs.ny.gov/veterans/.

Consultant is encouraged to contact the Office of General Services’ Division of Service-Disabled Veteran’s Business Development at 518-474-2015 or VeteransDevelopment@ogs.ny.gov to discuss methods of maximizing participation by SDVOBs on the contract.

Section 13. Attachments

Proposer’s attention is directed to the appendices, exhibits and attachments hereto and hereby incorporated by reference and made part hereto as fully as if it were set forth at length herein.

They are part of this solicitation and will be part of the subsequent contract. The proposer is responsible for adhering to all requirements of all appendices, exhibits, and attachments. The following Attachments are attached to and made a part of this RFP.

A. Price Proposal Form B. Olympic Authority Procurement Requirements/Certifications C. Form of Professional Services Agreement https://ny.newnycontracts.com/ https://ogs.ny.gov/veterans/ mailto:VeteransDevelopment@ogs.ny.gov

Attachment A Price Proposal Form

Company: _________________________________________ Date: __________________

Address: _________________________________________

Proposers must complete the following fee schedule in full. Attach additional details as needed.

All fees must be all-inclusive and clearly disclosed.

Service Proposed Fee Assumptions / Included Services

Annual OPEB Actuarial Valuation

GASB 74/75 Reporting Schedules

Additional / Special Actuarial Study – Hourly Rate

Lead Actuary Hourly Rate $__________

Other Professional Hourly Rate

Other Charges / Expenses $__________

Proposer shall clearly state whether routine audit support, management meetings, presentations, assumption discussions, and reasonable follow-up questions are included in the annual fee.

Proposer submits with this Price Proposal Form the following:

___ Completed and signed Olympic Authority Procurement Requirements/Certifications (RFP Attachment B)

____ Proposal per RFP Section 9

Company Name

Printed Name of Signer

Signature

Title Date

Attachment B

Olympic Authority Procurement Requirements/Certifications (Attached separately hereto – 21 pages)

2025V1

OLYMPIC REGIONAL DEVELOPMENT AUTHORITY

Procurement Requirements/Certifications

___ Olympic Authority Discrimination and Sexual Harassment Policy

___ Certificate of Non-Collusion

___ Code of Business Ethics Certification

___ Freedom of Information Law Certification

___ Offerer’s Affirmation of Understanding of, and Agreement Pursuant to, State Finance Law §139-j(3) & §139-j(6)(b) (Procurement Lobbying)

___ Bidder Responsibility Certification

___ Offerer’s Disclosure of Prior Non-Responsibility Determinations

___ State Finance Law §§ 139-l & 139-m and Executive Order No. 177 Certifications

___ Encouraging Use of New York State Businesses in Contract Performance

___ Certification Under Executive Order No. 16 (Prohibiting Contracting with Businesses Conducting Business in Russia)

Olympic Authority Discrimination and Sexual Harassment Policy

It is the policy of the Olympic Regional Development Authority to provide and maintain a working environment free of sexual and/or any other illegal harassment, discrimination, and/or intimidation of any employee, job applicant, or non-employee. We do not accept or condone illegal discriminatory actions nor actions of sexual harassment by management or any employee of the Olympic Authority, or by non-employees.

Discrimination and sexual harassment are illegal under Title VII of the Civil Rights Act of 1964, as amended (“Title VII”), and the New York State Human Rights Law, as amended (“Human Rights Law”).

The Human Rights Law applies to all State agencies and employees, and provides very broad anti-discrimination coverage. The Law provides, in section 296.1(a), that it is an unlawful discriminatory practice “[f]or an employer or licensing agency, because of the age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics, marital status or domestic violence victim status of any individual, to refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment.”

The Law further provides, in sections 296.15 and 296.16, protections from employment discrimination for persons with prior conviction records, or prior arrests, youthful offender adjudications or sealed records.

The Olympic Authority will not tolerate any discriminatory and/or harassment of its employees which is in violation of either Title VII and/or the Human Rights Law, and will take affirmative steps to stop it. All personnel actions and conditions of employment are administered without regard to race, color, religion, national origin, age, sex, disability, veteran status or sexual preference, and any other protected class under Title VII and/or the Human Rights Law as they may be amended from time to time. Furthermore, Sexual harassment in any form is prohibited and will not be tolerated. Anyone who engages in illegal discrimination/ harassment, or sexual harassment will be subject to discipline up to and including discharge. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or other conduct, either verbal or physical, of a sexual nature that is offensive to another individual.

You have the right to make a complaint if you feel you have been discriminated against, harassed, or sexually harassed. A complaint form may be obtained from the Human Resource Department. Directions on how to file a complaint and who to submit it to are contained on the form itself. An immediate investigation of the allegations will be conducted, and corrective action taken where warranted. To the extent possible, this investigation will be conducted in a confidential manner that protects the identity of both the person filing the complaint and the person accused.

If it is determined that an employee is guilty of harassing another employee, or non- employee, appropriate disciplinary action will be taken against the offending person.

The Olympic Authority prohibits any form of retaliation against any contractors or employee who files a bona fide complaint or witnesses assisting in an investigation.

You may request further information about the policy and procedure for investigating claims of sexual harassment and/or discrimination from the Human Resource Department.

I have read the foregoing and agree to comply with the Olympic Authority Discrimination and Sexual Harassment Policy. I further acknowledge that failure to comply shall justify contract termination by the Olympic Authority and may result in the rejection of bids or proposals for future work with the Olympic Authority.

Printed Name

Signature

Title

Company

Date

Certificate of Non-Collusion

The undersigned recognizes that all information and material provided with this proposal and all other information and material submitted by the undersigned in connection with its proposal are submitted for the express purpose of inducing the New York State Olympic Regional Development Authority (Olympic Authority) to award a contract to the undersigned;

acknowledges that the Olympic Authority, the State of New York (State), and the State’s agencies and instrumentalities may, each in its sole and absolute discretion, by any means which it may choose, determine the truth and accuracy of all statements made therein; acknowledges that intentional submission of false or misleading information may constitute a felony under Penal Law §210.40 or a misdemeanor under Penal Law §210.35 or §210.45, and may also be punishable by a fine of up to $10,000 or imprisonment of up to five years under 18 U.S.C.

§1001; and states that the information submitted is true, accurate and complete.

By submission of this statement of interest, bidder and each person signing on behalf of bidder certifies, and in the case of a joint proposal each party thereto certifies as to his or her own organization under penalty of perjury, that to the best of his or her knowledge and belief:

(1) The prices, amounts and material in this proposal have been arrived at independently, without collusion, consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices, amounts and materials with any other Respondent or with any competitor;

(2) Unless otherwise required by law, the prices, amounts and material that have been quoted in this statement of interest or subsequent proposal have not been/will not be knowingly disclosed by bidder and will not knowingly be disclosed by bidder prior to award, directly or indirectly, to any other Respondent or to any competitor, and

(3) No attempt has been made or will be made by bidder to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition.

Bidder hereby authorizes the Olympic Authority and the State and their agents and instrumentalities to contact bidder’s bank(s) and credit references and any other persons identified in its submission, including without limiting the foregoing, all persons and entities identified in its Information Regarding Qualifications and Financial Capability form and any financial information, in connection with the proposal, and any and all other persons identified in any investigation conducted by or on behalf of the State, and obtain release of pertinent financial and other information, as well as to obtain verification of information provided by or on behalf of bidder.

By signing, you certify under penalty of perjury your express authority to sign on behalf of yourself, your company or other entity with full knowledge and acceptance of the above certifications and that all information provided is complete, true and accurate.

Signature

Title

Company

Code of Business Ethics Certification

A. Ethics Programs

1. The Olympic Regional Development Authority (the “Authority”), a public-benefit corporation, expects the highest degree of ethical business conduct by its employees and the many contractors, consultants and vendors with whom it interacts on behalf of its clients, bondholders and the people of the State of New York. The Authority, by mandate of its Board of Directors, administers a comprehensive corporate integrity program to ensure that, as public officers, Authority employees at all levels perform their official duties consistent with the requirements of the New York State Public Officers Law; other applicable laws, rules, and regulations; and policies of the Authority.

2. The Authority encourages and supports a fair, open and honest business relationship with its contractors, consultants and vendors based on quality, service and cost. Moreover, the Authority believes that a “level playing field” in the marketplace can only be achieved through adherence to ethical business practices by all participants involved in the process.

3. To promote a working relationship with the Authority based on ethical business practices, contractors, consultants and vendors are expected to:

a. furnish all goods, materials and services to the Authority as contractually required and specified;

b. submit complete and accurate reports to the Authority and its representatives as required;

c. not seek, solicit, demand or accept any information, verbal or written, from the Authority or its representatives that provides an unfair advantage over a competitor;

d. not engage in any activity or course of conduct that restricts open and fair competition on

Authority-related projects and transactions;

e. not engage in any course of conduct with Authority employees or representatives that constitutes a conflict of interest or creates the appearance of a conflict of interest;

f. not offer any unlawful gifts or gratuities to Authority employees or representatives, or engage in bribery or other criminal activity;…