RFP FF 26-46 (2).pdf

BASIC FIRE FIGHTING TRAINING FOR CADETS RFP #FF 26-46

Deadline for submissions:

12:00 pm EST

Designated Contact:

Donovan Lorde Director of Purchasing

(718) 409-7209 dlorde@sunymaritime.edu purchasing@sunymaritime.edu

Version 03092020 mailto:dlorde@sunymaritime.edu

Table of Contents of CONTENTS

Summary Information Form

Overview

Background

Section 3.1: University Background……………………………………………………………………………………..5 Section 3.2: Project Description………………………………………………………………………………………….6

Bidder Qualifications

Scope of Services

Section 5.1: Mandatory Services

Section 5.1.2: Detailed Specifications

Cost Proposal

Section 6.1: Travel Costs

Key Events

Section 7.1: Bidder Questions

Section 7.2: Pre-Bid Conference

Section 7.3: Pre-Bid Site Visit

Section 7.4: Bid Opening

Method of Award

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

Minority and Women-Owned Business Enterprises (MWBE)

Assessment of Diversity Practices

Section 10.8: Subcontracting

Section 10.9: General Insurance Requirements

Section 10.10: Automobile Insurance Requirements

Section 10.11: Compliance with NYS Consulting Services Reporting Requirements

General Contract Terms & Conditions

Notary Acknowledgement……………………………………………………………………………………………….22 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

Exhibit A: State University of New York Standard Contract Clauses………………………………………………31 Exhibit A-1: State University of New York Affirmative Action Clauses

Exhibit B: General Contract Terms and Conditions…………………………………………………………………..37 Exhibit C: SUNY Institutions

Exhibit D, SUNY Proposal Submission Guidelines

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

RFP #: FF 26-46 RFP Title: BASIC FIRE FIGHTING

TRAINING FOR CADETS

RFP Release Date:

7/9/2026

Electronic copies of this RFP are available at: NYSCR.org Key Events Requested Submission of Questions and Requests for Clarification 07/17/26 Response to questions/requests for clarification issued 07/21/26 Pre-Bid Conference Registration by 4:00 pm EST N/A Pre-Bid Site Visit (if applicable) Registration by 4:00 pm EST N/A Notice of Intent to Bid Due (if applicable) N/A Proposal Due Date and Time (Any proposal received after the deadline will not be considered)

7/30/26, 12:00 pm EST

Presentation, Demonstration, Interview TBD Anticipated Notification of Award 8/17/26 Anticipated Contract Start Date 10/1/26

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

Primary Contact:

Donovan Lorde

Secondary Contact: Ken Lee Purcashing@sunymaritime.edu

Other Contact:

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

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

Identification Number:

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

Street Address: City/State: Zip Code:

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

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

Bidders Signature: Title:

Printed Name: Date:

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

Summary Information Form

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This Request for Proposal (RFP) is issued by the State University of New York Maritime College (herein after referred to as “SUNY Maritime”) to solicit proposals from a qualified vendor for the purpose of providing US Coast Guard Approved Marine Basic Fire Fighting Training for our Cadets.

The purpose of the project is to provide realistic hands-on training in a marine firefighting simulation environment for cadets. The successful bidder will meet the specific criteria found in this RFP.

The awarded Vendor will provide pre-employment background screening services, obtain required electronic information, including but not limited to Fair Credit Reporting Act Disclosure and Authorization, criminal background searches, candidate address confirmation, education and employment history verification, and military service verification.

The awarded Vendor will be required to conduct all searches within existing Federal and State guidelines, laws and regulations. The awarded vendor will be required to provide training to SUNY- MARITIME staff as well as customer service as needed.

This RFP outlines the scope of work, mandatory technical and creative requirements, and evaluation criteria that will guide the selection process. The results of this RFP will be used to award a five-year contract, with the option to renew for up to two additional one-year terms, to the Bidder deemed most qualified based on the established scoring framework.

The successful bidder will meet the specific criteria found in this RFP.

Section 3.1: University Background

Approximately 1,800 students are enrolled in the specialized marine engineering and transportation programs. Associate, baccalaureate, and master's degrees are offered. Maritime College operates under an agreement with the Federal Government for the training and licensing of merchant marine officers.

Maritime College conducts its instructional programs in a context of real-world technology and commerce that stresses the inclusion of "hands-on" experience in the classroom, laboratories, in industry, and aboard ship.

As a small, specialized college of the State University of New York, our mission is to provide:

• A learning environment that stimulates intellectual growth, scholarship and creativity.

• An innovative approach to instruction directed by a dedicated faculty composed of experts

Overview

Background

Established in 1874, SUNY Maritime College was the first maritime academy established in the United States.

One of the original SUNY campuses, Maritime College has continually earned the right to use "First and Foremost" as its motto. Maritime College is the top-ranked maritime academy in the country and boasts a record of 100% job placement. In addition, Maritime College is proud of the fact that it was the first maritime academy to admit women.

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• Quality undergraduate and graduate programs in international business, engineering, science and technology, with particular emphasis on the maritime industry.

• A structured community which emphasizes responsible citizenship, self- discipline and maximizes opportunities for exercising leadership.

• The opportunity of its graduates to qualify for license as merchant marine officers and for commissioning in the United States Armed Forces.

• A nationally and internationally recognized resource of expertise in its specialized disciplines as they relate to the maritime industry.

• Our school year consists of a fall, spring semester and Summer Sea Term where our students work at sea on our training ship, the EMPIRE STATE.

Section 3.2: Project Description

SUNY Maritime College seeks to provide Basic Fire Fighting Training to our Cadets at a qualified facility. To achieve this, Maritime seeks a training organization with 5+ years of expertise. The facility must be able to comply with U.S.C.G NVIC’s 08-14 (this will be provided as part of this RFP document). See attached SOW.

Please see Exhibit B (“Mandatory Requirements and Detailed Specifications Grid”).

A contract will be awarded only to a responsible, responsive and qualified Bidder, in a financial position to do the work specified. Proposals must meet the minimum qualifications set forth in this section. The qualifications are material and not waivable. Proposals that do not meet the mandatory minimum qualifications shall be disqualified from consideration. Proposals received on or before the proposal due date and time, and at the email specified in this Request for Proposals, will be evaluated by SUNY to determine whether they meet the following mandatory minimum bidder qualifications.

Mandatory Minimum Bidder Qualifications

• Relevant Experience: The Bidder must have more than five years of experience in Fire Fighting training.

• The Bidder must affirm the Bidder satisfies the required experience by signing the proposal

• The Bidder must provide three references in support of the required experience. The references should demonstrate the Bidder’s ability with projects similar in scope, size, and nature to this RFP

• The Bidder must 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 Maritime 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 Maritime 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.

Bidder Qualifications

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The awarded Bidder will provide US Coast Guard Approved Marine Basic Fire Fighting Training at a qualified facility. The facility must be able to comply with U.S.C.G NVIC’s 08-14 (this will be provided as part of this RFP document). See attached SOW.

All services must adhere to current Federal and State guidelines, laws, and regulations governing accessibility, privacy, and security. The selected Vendor is also required to provide comprehensive training for SUNY Maritime staff and responsive, ongoing customer support.

Submission of a proposal signifies the bidder's full affirmation of compliance with all RFP requirements and confirmation of the organization’s financial and operational capacity to deliver the specified services at a level of excellence expected of a leading higher education institution.

A single selected awarded vendor will provide the following, including but not limited to:

Section 5.1: Mandatory Services

Vendors must provide the following, or proposals will be deemed non-responsive:

The facility must be able to provide basic US Coast Guard approved Marine Fire Fighting to Cadets.

The facility must have a working mock-up that can reasonably represent a vessel which to simulate:

engine room fires, multi-deck fires, oil fires and provides confined space entry training.

Both the facility and instructors must meet US Coast Guard approval for Basic Marine Fire Fighting.

The facility must be able to train approximately 24 cadets for Basic Fire Fighting per session.

The facility must be able to comply with U.S.C.G NVIC’s 08-14 The facility must have weekend availability.

Section 5.1.2: Detailed Specifications

Vendors should detail their ability to provide the following requirements:

Fire simulations should be controlled for safety.

The facility is able to train up to twenty-four (24) cadets per session per day.

The facility will provide support staffing for simulators during the training sessions.

The facility is capable of storing and maintaining (cleaning) the firefighting equipment The facility will allow college officials to visit the simulation facility prior to the bid due date in order to determine the quality of the simulation is up to par with what is required.

The facility should be willing to earn the capability to sign off on cadet assessments.

The facility should be able to accommodate up to 24 sessions of basic classes per semester.

The facility should have a method to simulate using foam to put out an oil fire The facility is located within a 3 hours drive of the College.

The facility should have a plan to rotate advanced and basic firefighting class through facility without overlapping; if operating both on the same day Facility can detail options for Bunker gear/SCBA rental and/or storage area available if any equipment required is not available by facility.

Scope of Services

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Complete Exhibit E: 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.

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

• Cost Adjustments: Adjustments (increase/decrease) of annual costs for the resulting contract shall not exceed the lesser of 5% or inflation guidelines as established by the nationally accepted consumer price index (CPI) for each year. The specific inflation level will be based on the average CPI percentage for the twelve (12) month period ending ninety (90) days prior to contract renewal date. The approval document for this contract will be U.S. Department of Labor Consumer Price Index, Northeast Urban, all Items.

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

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

• Prevailing Wage: N/A

• 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 90 days from event close date. Subsequent to such 90 days, the proposal is subject to withdrawal communicated in writing and signed by the Bidder.

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

• Trade-In Credit: The credit associated with the total trade-in must be included in Bidder’s items, or if

Bidder chooses to not submit bid in the bid system, in the Bidder's price quote.

Section 6.1: Travel Costs

Section 7.1: Bidder Questions

Cost Proposal

In the event the Contractor is allowed to be reimbursed for travel, such travel must be pre-approved and reimbursement rates shall not exceed the current NYS Schedule of Allowable Reimbursable Travel Expenses, available from the New York State Comptroller at:

https://www.osc.state.ny.us/agencies/travel.htm

Key Events https://www.osc.state.ny.us/agencies/travel.htm

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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, Summary Information Form as 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 will not be bound by oral responses to inquiries or written responses other than addenda.

Section 7.2: Pre-Bid Conference

No pre-bid Conference meeting will be required for this procurement.

Section 7.3: Pre-Bid Site Visit

No Pre-Bid site visit will be required for this procurement.

Section 7.4: Bid Opening

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

This RFP is part of a competitive procurement process designed to serve the best interests of Maritime College, 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 Maritime 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 Maritime representatives, and shall be conducted in the following steps:

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

2. Minimum Bidder Qualifications Review

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

Information provided in the proposal will be used to validate Minimum Bidder Qualifications and SUNY 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.

Method of Award

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

The contract officer will examine the cost proposal documents. The cost proposals will be opened and reviewed for responsiveness to cost requirements. If a cost proposal is found to be non-responsive (including but not limited to: failure to follow instructions or provide requested pricing), that proposal may not receive a cost score and may be eliminated from consideration.

The cost proposals will be scored based on a maximum cost score of 30 points. The maximum cost score will be allocated to the proposal with the lowest all-inclusive cost. All other responsive proposals will receive a proportionate score based on the relation of their financial proposal to the proposals offered at the lowest final cost, using this formula:

Financial points awarded = 30 potential points x (Lowest Cost of Proposal) Being Evaluated - see example below based on three hypothetical prices submitted by Vendors X, Y and Z:

Vendor X Total Bid Price = $80,000 Vendor Y Total Bid Price = $100,000 Vendor Z Total Bid Price = $110,000 Vendor X cost points = 30 X (80,000/80,000) = 30 Vendor Y cost points = 30 X (80,000/100,000) = 24 Vendor Z cost points = 30 X (80,000/110,000) = 21.8

The cost evaluation is 30% (up to 30 points) of the final score.

5. 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 Maritime will notify the Bidders and schedule the time, location and format. The format of the presentation may be in-person or by video at SUNY Maritime’s discretion. The presentation shall in no way change the 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.

6. Finalist Review

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

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

Technical Proposal Points %

Technical Response (Proposal) 55 55% Vendor References 5 5% Total Technical Proposal 60 60%

Presentation (or Interview) 10 10%

Cost Proposal 30 30%

Total 100 100%

The Bidder earning the highest final composite score may be selected for a contract award with SUNY Maritime and, if selected, will be notified by SUNY Maritime. Contract award shall be made by issuance of an award notice. All Bidders will be notified of the name of the selected awardee. SUNY Maritime contracts may be subject to approval by the NYS Attorney General and the Office of the State Comptroller.

In the event that two (or more) proposals are tied, then the proposal with the lowest bid price is the winner. If two or more Vendors remain tied after this point, the selection will be made by a drawing by vendor name, limited to those remaining vendors. A representative of each remaining vendor will be permitted to attend to witness the drawing. The drawing will be conducted by a contracts officer and will be witnessed by no less than three (3) persons.

SUNY Maritime 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 Maritime’s sole discretion.

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

8. Reserved Rights

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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 Maritime’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 oversight, or to supply additional information, as it becomes available.

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

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

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

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

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

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

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.

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

To facilitate SUNY Maritime’s review of proposals, Bidders must address all points and questions that appear in this RFP and should do so in the order that they appear. Responses should be labeled to correspond to the numbers/letters of the sections and subsections of this RFP.

Bidders must adhere to the Exhibit D, SUNY Maritime 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 Maritime 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 Maritime Primary contact, with the RFP number and title. Proposals not labeled as

Proposal Submission Requirements

13 | Page instructed risk being opened prior to the bid opening date, which may result in the proposal being rejected. All proposals and accompanying documentation shall become the property of SUNY Maritime 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), Exhibit B (SUNY General Contract Terms and Conditions), 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: https://ogs.ny.gov/acpl/procurement-lobbying-law

7. Submit [five] (5) hard copies of your proposal and one (1) flash drive. Proposals must be received 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 Maritime 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 Maritime. Delays in United States mail deliveries or any other means of transmittal, including couriers or agents of SUNY Maritime shall not excuse Late Bid submissions. Similar types of delays, including but not limited to, bad weather, or security procedures for parking and building admittance shall not excuse Late Bid submissions. Determinations relative to bid timeliness shall be at the sole discretion of the SUNY Chancellor or her designee.

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 https://ogs.ny.gov/acpl/procurement-lobbying-law https://ogs.ny.gov/acpl/procurement-lobbying-law

14 | Page goods pursuant to §2-205 of New York State Uniform Commercial Code, the proposal shall be firm, binding and not revocable for a period of ninety (90) days from proposal due date.

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. Each copy of the proposal must be accompanied by the documents listed in Attachment 1, Bid Submission Checklist.

Section 10.1: Determination of Vendor Responsibility

New York State procurement law requires that state agencies award contracts only to responsible Bidders.

Additionally, the New York State Comptroller must be satisfied that a proposed Contractor is responsible before approving a contract award under Section 112 of the State Finance Law. Section 163 of the New York State Finance Law (“SFL”) requires that contracts for services and commodities be awarded on the basis of lowest price or best value “to a responsive and responsible Bidder.” Section 163 (9)(f) of the SFL requires that prior to making a contract award, each contracting agency shall make a determination of responsibility of the proposed Contractor. In accordance with these procurement laws, SUNY will conduct an affirmative review of vendor responsibility for all organizations or firms with which it conducts business.

In response to this section, Bidders and all proposed subcontractors who may receive more than $100,000 over the life of the contract are required to file the required Vendor Responsibility Questionnaire online via the New York State VendRep System or may choose to complete and submit a paper questionnaire. To enroll in and use the VendRep System, see the VendRep System Instructions on the Office of State Comptroller (OSC) website, available at: www.osc.state.ny.us/vendrep or go directly to the VendRep System online at https://portal.osc.state.ny.us. For VendRep System user assistance, the OSC Help Desk may be reached at 866- 370-4672 or 518-408-4672 or by email at helpdesk@osc.state.ny.us. Bidders opting to file a paper questionnaire may obtain the appropriate questionnaire from the VendRep website www.osc.state.ny.us/vendrep or may contact SUNY System Administration for a copy of the paper form.

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

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

SUNY has developed procedures regarding Contacts and their reporting, review and investigation. SUNY’s procurement record must demonstrate compliance with these procedures. A determination that a Bidder or a person acting on behalf of a Bidder has intentionally made a Contact or provided inaccurate or incomplete

Other Proposal Requirements

15 | Page information as to its past compliance with State Finance Law §§139-j and 139-k, is likely to result in denial of the award of contract under this RFP. Additional sanctions may apply. A complete copy of SUNY’s Procurement Lobbying Policy and Procedure and its accompanying forms is available for review at http://www.suny.edu/sunypp/documents.cfm?doc_id=430

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

Section 10.3: Non-Collusive Bidding Certification

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

Section 10.4: Executive Order 162 (EO 162)

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

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

Section 10.5: Executive Order 177 (EO 177)

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

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

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

16 | Page such public department or agency, shall contain a certification that the Bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of N.Y.

State Labor Law § 201-g.

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

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

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

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

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, 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.

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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 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 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, 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.

Minority and Women-Owned Business Enterprises (MWBE)

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

For purposes of this solicitation, SUNY hereby establishes an overall goal of __30_% for MWBE participation, _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 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 MWBE Forms 7557-104 & 7557-107) must be submitted with all Bids. Forms are available in SUNY 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 http://www.suny.edu/sunypp/documents.cfm?doc_id=61

18 | Page however, that the selected awardee may arrange to provide such evidence via a non-electronic method by contacting the SUNY 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. SUNY will review the submitted SUMP and advise the Awardee of SUNY 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 [address phone and fax information], 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 to be inadequate, SUNY 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 may disqualify a Bidder as being non-responsive under the following circumstances:

• If a Bidder fails to submit a MWBE Utilization Plan;

• If a Bidder fails to submit a written remedy to a notice of deficiency;

• If a Bidder fails to submit a request for waiver; or

• If SUNY determines that the Bidder has failed to document good faith efforts.

Assessment of Diversity Practices

SUNY seeks to engage contractors that have a demonstrated history of hiring, training, developing, promoting and retaining minority group members and women. Under 5 New York Code, Rules and Regulations (NYCRR) Part 141.1(o), diversity practices are the efforts of contractors to include New York State certified MWBEs in their business practices. Diversity practices may include past, present, or future actions and policies, and include activities of contractors on contracts with private entities and governmental units other than the State of New York.

In response to this section, complete and submit Attachment 3, Diversity Practices Questionnaire. This questionnaire elicits information about each prospective bidder in order to verify that its work environment demonstrates a strong commitment to diversity.

If this solicitation is for the services of an executive search firm, the SUNY Board of Trustees adopted a policy to establish diversity, equity and inclusiveness throughout the SUNY system. Diversity is broadly defined under that policy to include race, ethnicity, religion, sexual orientation, gender, gender identity and expression, age, socioeconomic status, status as a veteran, status as an individual with a disability, students undergoing transition (such as transfer, stop-out, international student acclimation), and first-generation students. In furtherance of this policy, all executive search firms are required to provide the following:

• Information about the diversity of your Firm’s staff; and

• The Firm’s success rate in placing diverse candidates.

Certification.

Section 10.8: Subcontracting

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

When proposed subcontractor(s) are NYS Certified Minority and/or Women-Owned Business Enterprises (MWBE) firms or NYS Certified Service-Disabled Veteran-Owned Businesses (SDVOB) in compliance with requirements set forth in Section 10.7, the bidder must also complete appropriate forms as described in that section. SUNY hereby establishes an overall goal of __6_% for MWBE participation.

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

Section 10.9: General Insurance Requirements

During the term of the awarded contract, the Successful Bidder (Contractor) must obtain and maintain insurance coverage at its own expense as provided in this paragraph and shall deliver Certificates of Insurance in a form satisfactory to SUNY before commencing any work under this contract. Certificates shall reference the Contract Number. Certificates of Insurance must indicate the applicable deductible/self-insured retention on each policy. Certificates shall be mailed to: State University of New York Maritime College, Attention:

Director of Purchasing, 6 Pennyfield Avenue, Bronx, NY 10465.

The policies of insurance set forth below shall be written by companies authorized by the New York Department of Financial Services to…