RFP C000735 Branding Initiative Phase 2.pdf

SUNY Oswego Branding

Initiative-Phase 2 Request for Proposal #C000735

Deadline for submissions:

09/22/2025, 4:00 pm EST

Designated Contact:

Karen Hurd Director of Purchasing Phone # 315-312-3627 karen.hurd@oswego.edu purchasing@oswego.edu

Version 03092020 mailto:karen.hurd@oswego.edu

Table of Contents of CONTENTS

Summary Information Form

Overview

Background

Bidder Qualifications

Scope of Services

Cost Proposal

Section 6.1: Travel Costs

Key Dates

Section 7.1: Bidder Questions

Section 7.2: Bid Opening

Method of Award

Section 8.1: Evaluation Process

Section 8.2 SUNY’s Reserved Rights

Proposal Submission Requirements

Section 9.1: Proposal Format

Other Proposal Requirements

Section 10.1: Determination of Vendor Responsibility

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

Section 10.3: Non-Collusive Bidding Certification

Section 10.4: Executive Order 162 (EO 162)

Section 10.5: Executive Order 177 (EO 177)

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

Section 10.7: Diversity Requirements

Equal Employment Opportunity Requirements

Service-Disabled Veteran-Owned Businesses (SDVOB)

Minority and Women-Owned Business Enterprises (MWBE)

Assessment of Diversity Practices

Section 10.8: Subcontracting

Section 10.9: General Insurance Requirements

Section 10.10: Compliance with NYS Consulting Services Reporting Requirements

General Contract Terms & Conditions

Attachment 1: Diversity Practices Questionnaire

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

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

Attachment 4: Procurement Lobbying Act Certification

Attachment 5: Non-Collusive Bidding Certification

Attachment 6: Executive Order No. 16………………………………………………………………… Attachment 7: Cost Proposal Summary………………………………………………………………………… Exhibit A: State University of New York Standard Contract Clauses

Exhibit A-1: State University of New York Affirmative Action Clauses

Exhibit B: State University of New York Standard Contract Clauses

Exhibit C, SUNY OSWEGO Proposal Submission Guidelines

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

RFP #: C000735 RFP Title: SUNY Oswego Branding

Initiative-Phase 2 RFP Release Date: August 28, Electronic copies of this RFP are available at:

Key Events Requested Submission of Questions and Requests for Clarification 09/08/2025 2:00pm EST Response to questions/requests for clarification issued 09/15/2025 2:00pm EST Proposal Due Date and Time (Any proposal received after the deadline will not be considered)

09/22/2025 4:00pm EST

Presentation TBD Anticipated Notification of Award October Anticipated Contract Start Date December 2025

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

Primary Contact:

Karen Hurd Director of Purchasing Phone: 315-312-3627 Email:

karen.hurd@oswego.edu;

purchasing@oswego.edu

Secondary Contact:

Steve Denbleyker Assistant Purchasing Associate Phone: 315-312-2437 Email:

steven.denbley@oswego.edu ; purchasing@oswego.edu

Other Contact:

Richard Merritt MWBE Coordinator Phone; 315-312-2208 Email:

Richard.merritt@oswego.edu

(MWBE QUESTIONS ONLY)

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

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

Number:

Summary Information Form mailto:karen.hurd@oswego.edu mailto:purchasing@oswego.edu mailto:purchasing@oswego.edu mailto:Richard.merritt@oswego.edu

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

Street Address: City/State: Zip Code:

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

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

Bidders Signature: Title:

Printed Name: Date:

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

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This Request for Proposal (RFP) is issued by the State University of New York at Oswego (herein after referred to as “SUNY OSWEGO”) to solicit proposals for qualified branding and marketing partner(s) to execute Phase 2 of its comprehensive branding initiative. Building on the foundational work completed in Phase 1—including brand insights, positioning, messaging, and creative concepting—Phase 2 focuses on implementing the new brand across visual systems, guidelines, digital platforms, and marketing collateral.

The results of this RFP will be used to award a 2-year contract, with the option to renew for an additional 1-year term, to the Bidder determined to be most qualified. .

Section 3.1: University Background

Founded in 1861, SUNY OSWEGO is a public comprehensive university located in Central New York on the beautiful shores of Lake Ontario, 45 minutes from Syracuse. One of 13 comprehensive colleges and universities in the 64-campus State University of New York (SUNY OSWEGO) system, SUNY OSWEGO is recognized nationally for its academic quality, focus on student success outcomes, and the growing diversity of its student body. Ranked among the top public master’s-level universities in the 2023 “Top Regional Universities in the North” by U.S. News and World Report, SUNY OSWEGO is also recognized among Princeton Review’s Best Regional Colleges in the Northeast – an honor bestowed on the SUNY OSWEGO every year since 2003.

Inspired by a shared commitment to excellence and the desire to transcend traditional higher education boundaries, SUNY OSWEGO provides a transformative experience to about 6,500 undergraduate and graduate students. The university offers preeminent academic programs in the arts and sciences, business, communications, and teacher education, and its success is built on providing students outstanding educational experiences with attention to a liberal arts and sciences foundation, practical applications, interdisciplinary approaches, independent scholarly and creative work, and skills for living in multicultural and global communities.

Additional information about SUNY OSWEGO can be found at www.oswego.edu.

Section 3.2: Project Description: Brand Identity System, Visual Language & Guidelines

SUNY Oswego is seeking qualified branding and marketing partner(s) to execute Phase 2 of its comprehensive branding initiative. Building on the foundational work completed in Phase 1—including brand insights, positioning, messaging, and creative concepting—Phase 2 focuses on implementing the new brand across visual systems, guidelines, digital platforms, and marketing collateral.

This RFP is divided into three sections, and vendors may bid on individual sections, multiple section or all the section. Public brand launch, advertising, and physical signage will be in a future Phase 3

RFP.

Overview

Background

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Phase 2 Projects:

1. Brand Identity System, Visual Language & Guidelines

2. Digital Brand Implementation (with optional Slate CRM Portal Audit)

3. Marketing Collateral Rollout

Work is anticipated to begin in December 2025, and concurrent timelines are permitted where feasible.

Section 4.1: Minimum Bidder Qualifications

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

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

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

In response to this section complete and submit Attachment 6, Bidder Qualifications Submission Form.

Section 4.2: Preferred Bidder Qualifications/Experience

Preferred Bidder Qualifications below will be given preference during the evaluation process.

• Demonstrate success in similar branding, marketing and implementation projects-especially in higher education. Provide up to three references in support of this preferred experience. The references should demonstrate the Bidder’s ability with projects similar in scope, size and nature of this RFP

• Experience and roles of key personnel; minimum of three years of relevant project experience.

• Certifications preferred but not required.

• Oswego Branding Initiative – Phase 2: Implementation and Rollout

Bidder Qualifications

Scope of Services

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Section 5.1A: Project 1 Mandatory Services: Brand Identity System, Visual Language & Guidelines Purpose:

Establish a comprehensive brand identity system for SUNY Oswego that reflects the institution’s essence and is built for consistent use across all platforms—academic, digital, marketing, internal, and merchandise. This includes a refreshed logo system, visual identity elements, editable templates, and a fully integrated brand guidelines document.

Scope of Work:

• Evaluate the current logo system and recommend refinements or new development

• Develop lockups for departments, academic schools, and administrative units

• Create at least three (3) alternative marks (e.g. icon, vertical/horizontal variants, lettermark) for use in tight layouts, social avatars, and merchandise

• Define full-color palette (including accessible and digital-friendly variations)

• Establish typography usage, font pairings, and accessibility considerations

• Develop visual tone and art direction for branded photography and video

• Create supporting graphic assets (e.g. icons, patterns, textures)

• Design editable branded templates (presentations, flyers, documents, slide decks)

• Consolidate brand promise, personality, tone of voice, and Phase 1 messaging into a master Brand

Guidelines document

• Provide content and tone tips for internal stakeholders and writers across different audiences (e.g.

prospective students, families, donors, faculty)

• Ensure real-world examples in guidelines reflect cross-campus use: admissions, advancement, academic schools, student life, and more—not just central marketing

• Include accessibility, web/digital compliance standards, and examples of use across print and digital environments

• Deliver branded templates in both Adobe and Canva formats (as applicable)

Deliverables:

• Primary logo and brand mark system

• Academic and unit lockups (including schools, departments, and admin offices)

• At least 3 alternative marks (icon, stacked, wordmark, lettermark, etc.)

• Visual Identity Guide with color, type, and photo direction

• Branded templates (presentations, flyers, documents)

• Professionally designed Brand Guidelines PDF (integrating visuals and messaging)

• Editable template files (Adobe/Canva)

• Usage examples across campus units and media

• Optional onboarding or handoff session for internal teams

Enhancements for Success:

• Full alignment with Phase 1 creative strategy

• Scalable for digital, print, merchandise, and environmental use

• Flexible enough for use by both marketing pros and casual campus users

• Accessibility-forward design and clear instructions for non-designers

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Section 5.1B: Project 1, Desirable Services: Brand Identity System, Visual Language & Guidelines-Mascot and Athletics Branding Package If Phase 1 research or stakeholder input indicates a need for updated athletics identity or mascot development, vendors may propose a separately priced package. This work should maintain a clear distinction between academic and athletic identities while remaining aligned with the overall brand strategy.

Scope:

• Develop a refreshed mascot concept (illustration or character style)

• Create a distinct athletics visual identity system

• Design athletics-specific logo marks and team lockups

• Define rules for athletics brand usage (uniforms, merch, digital, video)

• Provide illustrative examples and branding templates

Deliverables:

• Mascot concept artwork and rationale

• Athletics logo system and lockups

• Athletics brand usage guide

• Supporting graphics or templates for athletics use

Section 5.2A: Project 2, Mandatory Services: Digital Brand Implementation

Purpose:

To apply SUNY Oswego’s new brand identity across its digital ecosystem, beginning with a focused redesign of the university’s most critical web pages and the launch of a branded News/Stories hub. This approach prioritizes foundational UX, content, and visual alignment.

Scope of Work:

• Audit at least 50 existing web pages for performance, messaging, and brand alignment

• Analyze GA4 data, heatmaps, and conduct basic usability interviews with key audiences

• Define streamlined content strategy and high-priority navigation model, aligned with the new brand platform

• Redesign and develop 10–12 highest-impact pages using mobile-first, WCAG AA, and SEO best practices

• Create branded page templates (homepage, landing, interior) for consistent rollout

• Design and build a News/Stories hub that showcases brand voice, student impact, and institutional storytelling and built to be maintainable by internal teams.

• Provide documentation and internal training

Prioritized Pages:

• Homepage

• Admissions

• Apply Now

• Academic Programs

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• Visit / Contact

• Financial Aid / Value

• About / Mission

• News/Stories landing page

• (Plus 2–4 strategic support or overflow pages)

Deliverables:

• Full sitemap and wireframes for top-priority pages

• Redesigned page mockups with updated content

• Branded CMS templates (homepage, landing, interior)

• News/Stories hub design + structure

• CMS usage documentation and visual style guide

• Accessibility checklist and SEO review

SECTION 5.2B: Project 2, Desirable Services Digital Brand Implementation-Slate CRM Portal Audit, Refresh & Light Implementation

Purpose:

To audit and refresh the Slate CRM portal to align with SUNY Oswego’s new brand and ensure a seamless prospective student experience. This includes strategic evaluation, visual/content alignment, and implementation of key recommendations.

Scope of Work:

• Evaluate current Slate CRM portal structure, visual design, and content for alignment with the new brand

• Identify key friction points and UX/content inconsistencies

• Recommend improvements to key flows: inquiry, events, and confirmations

• Deliver updated branded mockups and light templates for Slate portal pages

• Implement visual and content changes in collaboration with SUNY Oswego’s Slate team for 3–5 high-impact touchpoints, such as:

o Inquiry form landing page o Event registration page o Confirmation or post-submission experience o General look-and-feel adjustments (typography, headers, buttons)

Deliverables:

• Audit Report + prioritized recommendations

• Branded mockups for key Slate screens

• Light implementation of visual/content updates in 3–5 key touchpoints

• Content and flow strategy guide for future edits

• Implementation notes for internal Slate administrators

• Optional recorded walkthrough or documentation for onboarding

Section 5.3: Project 3, Mandatory Services: Marketing Collateral Rollout

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Purpose:

To apply the new brand to a focused set of high-priority recruitment materials—especially for undergraduate admissions, graduate programs, and yield efforts—ensuring alignment with the brand platform while optimizing for cost-efficiency and internal scalability.

Scope of Work:

• Design one (1) flagship admissions piece for use in print, digital, and travel

• Create 3–5 program one-pagers or audience-specific flyers (e.g., grad, international)

• Develop branded event signage templates (for internal or vendor use)

• Deliver 2–3 editable collateral templates for internal use (e.g., flyer, postcard, banner)

• Provide branded versions in both print-ready and digital formats

• Redesign acceptance packet components (print and digital) in alignment with the new brand system

Deliverables:

• One flagship admissions collateral piece (e.g., travel piece or multipurpose brochure)

• 3–5 program flyers or one-pagers (print + digital)

• At least 2 signage templates (e.g., banner, backdrop)

• Editable templates (InDesign and/or Canva)

• Digital versions (PDFs, social/email-ready files)

• Acceptance packet materials

• Basic usage guidelines for internal staff

Complete Attachment 6: Cost Proposal Submission Form. No modifications may be made to the Cost Proposal Submission Form and Bidders are encouraged to seek clarification. Modifications to the Cost Proposal Response Form may result in disqualification.

Cost proposals must be submitted in separate, sealed envelopes. No mention of cost should appear in the technical proposal. Failure to adhere to this requirement may result in disqualification.

• Projects: Price shall be in accordance with the Projects listed on the Cost Proposal Submission Form. No other charges, other than those listed on the Financial Proposal Submission Form shall be allowable under the agreement.

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

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

• Quote Hold: The submission of a proposal constitutes a non-revocable, binding offer to perform and provide said services. Such binding offer shall be firm and not revocable for a period of six (6) months from event close date. Subsequent to such six (6) months, the proposal is subject to withdrawal communicated in writing and signed by the Bidder.

• Tax Exempt: SUNY OSWEGO is exempt from sales tax. All prices should be quoted without the sales tax.

Cost Proposal

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Section 6.1: Travel Costs

Costs must include all travel and out-of-pocket expenses required to perform the contract. SUNY OSWEGO will make no reimbursement for travel or travel-related expenses.

Section 7.1: Bidder Questions

If a Question and Answer period is provided for this solicitation, the schedule will be shown on the Summary Information Form, “Key Events,” provided on the first page of this RFP. All questions must be submitted in writing, citing the particular RFP page, section, and paragraph numbers where applicable. Bidders should make best efforts to ensure all questions are submitted via email to the Designated Contacts no later than the time listed in the Key Events table in Section 1, questions received after the closing date for inquiries may not be responded to prior to the proposal due date.

Only written answers are official. All Questions and Answers will be issued as addenda to this RFP and will be provided in writing to all potential Bidders.

It is the responsibility of the Bidder to inquire about any requirement of this event that is not understood.

SUNY OSWEGO will not be bound by oral responses to inquiries or written responses other than addenda.

Section 7.2: Bid Opening

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

Section 8.1: Evaluation Process

This RFP is part of a competitive procurement process designed to serve the best interests of the State University of New York and the People of the State of New York. It is also designed to provide all Bidders with a fair and even opportunity to have their products and services considered. SUNY OSWEGO will conduct a comprehensive review of each responsive bid submitted in accordance with the terms of this RFP. Proposals will be evaluated on the basis of “best value” by an evaluation committee comprised of SUNY OSWEGO representatives, and shall be conducted in the following steps:

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

Key Dates

Method of Award

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2. Minimum Bidder Qualifications Review

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

Information provided in the proposal will be used to validate Minimum Bidder Qualifications and SUNY OSWEGO reserves the right to contact client references to validate required experience. If review of response and reference checks determine the Bidder does not meet Minimum Bidder Qualifications, the proposal will be deemed non-responsive and will not be considered further.

3. Technical Evaluation Each proposal remaining after Minimum Bidder Qualifications Review will advance for review and independent evaluation and scoring by the technical review evaluation committee. If the technical evaluation determines the Bidder’s proposal does not meet any mandatory requirements, the proposal will be deemed inadequate and will not be considered further.

4. Diversity Practices Each proposal remaining after Administrative Review will advance for review and independent evaluation and scoring of their Diversity Practices Questionnaire by a SUNY OSWEGO MWBE representative.

5. Cost Evaluation The Cost Proposals of each bid remaining after the Technical Evaluation will be independently evaluated and scored by the designated contract officer.

6. Presentation or Interview Bidders that are susceptible to award following the summation of the technical and cost will be invited to make a presentation to discuss their proposal. SUNY OSWEGO will notify the Bidders and schedule the time, location and format. The format of the presentation may be in-person, by video, or by telephone at SUNY OSWEGO’s discretion. The presentation shall in no way change their original proposals. The presentation will be evaluated and scored by a presentation review evaluation committee. All costs associated with the Bidder’s attendance will be borne by the Bidder.

7. Finalist Review In accordance with Section 163 (9) f of the NYS Finance Law, prior to making a contract award each contracting agency shall make a determination of responsibility of the proposed Contractor as discussed in Section 10.1,Vendor Responsibility. SUNY OSWEGO will conduct a review of vendor responsibility for the Bidder earning the highest final composite score, and any proposed subcontractors. SUNY OSWEGO will consider any information that raises issues concerning the vendor’s responsibility, with consideration given to its relevance to the

13 | Page scope of work. The review will include factors such as financial and organizational capacity, legal authority, integrity and previous contract performance.

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

Technical Proposal % Technical Response (Proposal) 65%

Presentation 5%

MWBE 5%

Total Technical Proposal 75% Cost Proposal 25% Total 100%

SUNY Oswego may award contracts to multiple bidders for separate projects or groups of projects as identified in this RFP.

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

SUNY OSWEGO reserves the right to:

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

2. Make no contract award.

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

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

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

RFP.

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

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

Section 8.2 SUNY’s Reserved Rights

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

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

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

11. Waive requirements or amend this RFP upon notification to all Bidders. Mandatory requirements may be eliminated if unmet by all Bidders.

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

13. Begin contract negotiations with another Bidder in order to serve the best interests of SUNY

OSWEGO should contract negotiations with the Successful Bidder be unsuccessful within a time frame acceptable to SUNY OSWEGO.

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

Bidders may bid on one or more of the projects outlined in the scope of Section 5 “Scope of Work”. A Bidder’s proposal shall address the Bidder’s ability and methodology for providing SUNY OSWEGO with the requested services. To be deemed “responsive” to this RFP, a Bidder must meet all mandatory requirements and its written proposal must address all points and questions appearing in this RFP. In the event a Bidder’s proposal is determined by SUNY OSWEGO to be “non-responsive,” SUNY OSWEGO may disqualify the proposal. A disqualified proposal will not be further evaluated or considered for contract award. To facilitate SUNY OSWEGO’s review of proposals, Bidders must address all points and questions that appear in this RFP and should do so in the order that they appear. Responses should be labeled to correspond to the numbers/letters of the sections and subsections of this RFP.

Bidders must adhere to the Exhibit C, SUNY OSWEGO Proposal Submission Guidelines when submitting a proposal in response to this bid event.

Section 9.1: Proposal Format

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

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

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

4. Proposal Packages:

a. Proposals should be submitted in sealed packages clearly labeled on the exterior addressed to the SUNY OSWEGO Primary contact, with the RFP number and title.

Proposals not labeled as instructed risk being opened prior to the bid opening date, which may result in the proposal being rejected. All proposals and accompanying

Proposal Submission Requirements

15 | Page documentation shall become the property of SUNY OSWEGO and shall not be returned.

b. Cost proposals should be submitted in separate sealed envelopes. No mention of cost should appear in the technical proposal. Failure to adhere to this requirement may result in disqualification.

5. No telephone, facsimile, emailed or otherwise electronically submitted proposals will be accepted unless explicitly allowed in the RFP.

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

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

7. Submit one (1) hard copy of your proposal and one (1) flash drive. Proposals must be by the due date and time and to the primary contact provided on the Summary Information Form.

Bidders mailing their proposals must allow sufficient time to ensure receipt by the due date and time. Bidders are cautioned that even when using a trackable mailing/courier/messenger service, proposals must be received by the due date and time. While proposals may be signed for by personnel at SUNY OSWEGO prior to the due date and time, this does not guarantee that the identified office will receive the proposal by the due date and time.

8. Late Proposals For purposes of Bid openings, a Bid must be received at the contact’s address as set forth in the Summary Information Form on or before the proposal due date as set forth in the Summary Information Form. A Late Bid is one that is not received at the location, date and time specified in this RFP. Any Bid received at the specified location after the time specified in this RFP will be considered a Late Bid. A Late Bid shall not be considered for award unless: (i) no timely Bids meeting the requirements of this RFP are received, or; (ii) in the case of a multiple award, an insufficient number of timely bids were received to satisfy the multiple award; (iii) and acceptance of the Late Bid is in the best interest of SUNY OSWEGO.

Delays in United States mail deliveries or any other means of transmittal, including couriers or agents of SUNY OSWEGO shall not excuse Late Bid submissions. Similar types of delays, including but not limited to, bad weather, or security procedures for parking and building admittance shall not excuse Late Bid submissions. Determinations relative to bid timeliness shall be at the sole discretion of the SUNY OSWEGO Chancellor or her designee.

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

10. The submission of a proposal constitutes a non-revocable, binding offer to perform and provide said services. Such binding offer shall be firm and not revocable for a period of one-hundred eighty (180) days from the proposal due date. After one-hundred eighty (180) days, the proposal may remain in effect, subject to withdrawal communicated in writing signed by the Bidder. If this RFP is for the sale of goods pursuant to §2-205 of New York State Uniform http://www.ogs.state.ny.us/aboutOgs/regulations/defaultAdvisoryCouncil.html

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Commercial Code, the proposal shall be firm, binding and not revocable for a period of ninety

(90) days from proposal due date.

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

12. By submitting a proposal, the vendor agrees to comply with all terms and conditions outlined in this RFP. SUNY Oswego will not accept, review, or negotiate any vendor-submitted alternate terms and conditions, including but not limited to those contained in proposals, contracts, or service agreements. Submission of a proposal constitutes acceptance of these requirements in full.

13. Each copy of the proposal must be accompanied by the documents listed in the RFP

Section 10.1: Determination of Vendor Responsibility

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

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

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

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

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

Prior to approval of the contract for which this RFP has been issued by SUNY OSWEGO, or if applicable, the Office of the State Comptroller, a Bidder shall not communicate with SUNY OSWEGO other than with the persons identified in this RFP as Designated Contacts or with a person who the Designated Contacts has advised the Bidder in writing is also a Designated Contact. Generally, the New York State Finance Law restricts communications between a Bidder or a person acting on behalf of a Bidder, including its lobbyist, to communications with the officers and employees of the procuring

Other Proposal Requirements

17 | Page agency designated in each solicitation to receive such communications. Further, the law prohibits a communication (a “Contact”) which a reasonable person would infer as an attempt to unduly influence the award, denial or amendment of a contract. These restrictions apply to each contract in excess of $15,000 during the “restricted period” (the time commencing with the earliest written notice of the proposed procurement and ending with the later of approval of the final contract by the agency, or, if applicable, the State Comptroller). The agency must record all Contacts, and, generally, must deny an award of contract to a vendor involved in a knowing and willful Contact.

SUNY OSWEGO has developed procedures regarding Contacts and their reporting, review and investigation. SUNY OSWEGO’s procurement record must demonstrate compliance with these procedures. A determination that a Bidder or a person acting on behalf of a Bidder has intentionally made a Contact or provided inaccurate or incomplete information as to its past compliance with State Finance Law §§139-j and 139-k, is likely to result in denial of the award of contract under this RFP.

Additional sanctions may apply. A complete copy of SUNY OSWEGO’s Procurement Lobbying Policy and Procedure and its accompanying forms is available for review at https://www.suny.edu/sunypp/documents.cfm?doc_id=430 In response to this section, complete and submit Attachment 4, Procurement Lobbying Act Certification.

Section 10.3: Non-Collusive Bidding Certification

In response to this section, complete and submit a completed Attachment 5, Non-collusive Bidding Certification.

Section 10.4: Executive Order 162 (EO 162)

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

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

Section 10.5: Executive Order 177 (EO 177)

The New York State Human Rights Law, Article 15 of the Executive Law, prohibits discrimination and harassment based on age, race, creed, color, national origin, sex, sexual orientation, gender identity, disability, marital status, military status, or other protected status. The Human Rights Law may also require reasonable accommodation for persons with disabilities and pregnancy-related conditions. A reasonable accommodation is an adjustment to a job or work environment that enables a person with a disability to perform the essential functions of a job in a reasonable manner. The Human Rights Law may also require reasonable accommodation in employment on the basis of Sabbath observance or religious practices. Generally, the Human Rights Law applies to: (i) all employers of four or more people, employment agencies, labor organizations and apprenticeship training programs in all instances of discrimination or harassment; (ii) employers with fewer than four employees in all cases involving sexual harassment; and (iii) any employer of domestic workers in cases involving sexual harassment or harassment based on gender, race, religion or national origin.

https://www.suny.edu/sunypp/documents.cfm?doc_id=430

18 | Page

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

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

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

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

N.Y. State Labor Law § 201-g provides requirements for such policy and training and directs the Department of Labor, in consultation with the Division of Human Rights, to create and publish a model sexual harassment prevention guidance document, sexual harassment prevention policy and sexual harassment prevention training program that employers may utilize to meet the requirements of N.Y. State Labor Law § 201-g. The model sexual harassment prevention policy, model sexual harassment training materials, and further guidance for employers, can be found online at the following URL: https://www.ny.gov/combating-sexual-harassment-workplace/employers.

Pursuant to N.Y. State Finance Law § 139-l, any bid by a corporate Bidder containing the certification required above shall be deemed to have been authorized by the board of directors of such Bidder, and such authorization shall be deemed to include the signing and submission of such bid and the inclusion therein of such statement as the act and deed of the Bidder.

If the Bidder cannot make the required certification, such Bidder shall so state and shall furnish with the bid a signed statement that sets forth in detail the reasons that the Bidder cannot make the certification. After review and consideration of such statement, SUNY OSWEGO may reject the bid or decide that there are sufficient reasons to accept the bid without such certification.

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

Section 10.7: Diversity Requirements Equal Employment Opportunity Requirements

a. Pursuant to Article 15 of the Executive Law (the "Human Rights Law"), 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, 19 | Page 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.

b. 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 OSWEGO.

c. By submission of a bid or proposal in response to this solicitation, the Bidder agrees with all of the terms and conditions of SUNY OSWEGO 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.

In response to this section, complete and submit SUNY OSWEGO Equal Employment Opportunities (EEO) Requirements 7557-108 identifying the anticipated work force to be utilized on the Contract. If awarded a Contract, vendor will, upon request, submit to SUNY OSWEGO, a workforce utilization report identifying the workforce actually utilized on the Contract, if known.

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.

Section 10.7.2 Service-Disabled Veteran-Owned Businesses (SDVOB)

SUNY is committed to the State's policy of encouraging the development of service-disabled veteran-owned businesses (SDVOB). The Service-Disabled Veteran-Owned Business Act (the “Act”) became effective on May 12, 2014, and SUNY has implemented the State's comprehensive plan and operational guidelines to promote SDVOBs and to assist them in obtaining opportunities to participate

20 | Page in the procurement of goods and services by the State. SUNY will employ applicable measures and procedures provided by the Director of the Division of Service-Disabled Veterans' Business Development in the Office of General Services (the "Division"), to ensure that SDVOBs are afforded the opportunity for meaningful participation in the performance of SUNY's contracts and to assist in achieving the Act’s statewide goal for participation on state contracts by SDVOBs. Any contractor who willfully and intentionally fails to comply with the SDVOB participation requirements shall be liable to SUNY for damages, calculated based on costs for administration of SUNY’s SDVOB program.

For additional information please refer to the SDVOB requirements outlined in SDVOB Prospective Bidder’s Notice (Forms 7564-121A, 7564-121B and 7564-121C). A SDVOB Utilization Plan must be submitted with all bids, utilizing Form 7564-107. All Forms are available at:

http://www.suny.edu/sunypp/documents.cfm?doc_id=816.

Bidders are encouraged to apply to the Division for certification as a Service-Disabled Veteran- Owned Business, and to provide such documentation necessary to establish their status as such in accordance with the rules of the Director of the Division. For purposes of this solicitation, SUNY hereby establishes an overall goal of 6% for SDVOB participation.

Section 10.7.3 Minority and Women-Owned Business Enterprises (MWBE)

Pursuant to New York State Executive Law Article 15-A, SUNY OSWEGO 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 OSWEGO contracts. For purposes of this solicitation, SUNY OSWEGO hereby establishes an overall goal of 30% for MWBE participation, 15% for Minority-Owned Business Enterprises (“MBE”) participation and 15% for Women-Owned Business Enterprises (“WBE”) participation (based on the current availability of qualified MBEs and WBEs). For additional information please refer to the MWBE requirements outlined in MWBE Prospective Bidder’s Notice (Form 7557-121). For guidance on how SUNY OSWEGO will determine a Contractor’s good faith efforts to utilize certified MWBEs, refer to 5 NYCRR §142.8.

Please note the response forms identified in Form 7557-121 (SUNY OSWEGO MWBE Forms 7557- 104 & 7557-107) must be submitted with all Bids. Forms are available in SUNY OSWEGO Procurement Policies and Procedures Document 7557 online at:

http://www.SUNY.edu/SUNYpp/documents.cfm?doc_id=61.

Bidders must submit an MWBE Utilization Plan with their bid or proposal. Upon contract award and prior to contract execution the selected awardee will enter its Statewide Utilization Management Plan (SUMP) and document its good faith efforts to achieve the applicable MWBE participation goals by submitting evidence through the New York State Contract System, which can be viewed at:

http://ny.newnycontracts.com, provided however, that the selected awardee may arrange to provide http://www.suny.edu/SUNYpp/documents.cfm?doc_id=61

21 | Page such evidence via a non-electronic method by contacting the SUNY OSWEGO Office of Diversity, Equity, and Inclusion.

Any modifications or changes to the Statewide Utilization Management Plan after the Contract execution and during the term of the Contract must be reported on a revised SUMP and submitted to SUNY OSWEGO. SUNY OSWEGO will review the submitted SUMP and advise the Awardee of SUNY OSWEGO acceptance or issue a notice of deficiency within 30 days of receipt.

If a notice of deficiency is issued, Awardee agrees that it shall respond to the notice of deficiency within seven (7) business days of receipt by submitting to SUNY OSWEGO MWBE Coordinator, 402 Culkin Hall, Oswego, NY 13126, a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by SUNY OSWEGO to be inadequate, SUNY OSWEGO shall notify the Awardee and direct the Awardee to submit, within five (5) business days, a request for a partial or total waiver of MWBE participation goals on Form 7557-114. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal.

SUNY OSWEGO may disqualify a Bidder as being non-responsive under the following circumstances:

• If a Bidder fails to submit a MWBE Utilization…