Marketing Services 2026

Request for Proposal # 25-12

Deadline for submissions:

7/7/2026, 1:00 pm EST

Designated Contact:

John Gunerman Director of Purchasing 315-684-6944 gunermjr@morrisville.edu

Table of Contents of CONTENTS

Summary Information Form

Overview

Bidder Qualifications

Section 3.1: Minimum Bidder Qualifications

Section 3.2: Preferred Bidder Qualifications/Experience

Scope of Services

Section 4.1: Mandatory Services

Section 4.2: Desirable Services

Section 4.3: Optional Services

Cost Proposal

Section 5.1: Travel Costs

General Information and Key Events

Section 6.1: Downstream Prohibition

Section 6.2: Bidder Questions

Section 6.3: Pre-Bid Conference

Section 6.4: Pre-Bid Site Visit

Section 6.5: Bid Opening

Method of Award

Section 7.1: Evaluation Process

9. Reserved Rights

Proposal Submission Requirements

Section 8.1: Proposal Format

Other Proposal Requirements

Section 9.1: Determination of Vendor Responsibility

Section 9.2: Procurement Lobbying Act – State Finance Law §§ 139-j and 139-k

Section 9.3: Non-Collusive Bidding Certification

Section 9.4: Executive Order 162 (EO 162)

Section 9.5: Executive Order 177 (EO 177)

Section 9.6: New York State Finance Law § 139-l Certification

Section 9.7: Diversity Requirements

Equal Employment Opportunity Requirements

Service-Disabled Veteran-Owned Businesses (SDVOB)

Minority and Women-Owned Business Enterprises (MWBE)

Assessment of Diversity Practices

Section 9.8: Subcontracting

Section 9.9: General Insurance Requirements

Section 9.10: Automobile Insurance Requirements

Section 9.11: 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

Exhibit A: State University of New York Standard Contract Clauses

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

Exhibit C: SUNY Institutions

Exhibit D, SUNY Proposal Submission Guidelines

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

Summary Information Form

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RFP #: 25-12 RFP Title: Marketing Services 2026 RFP Release Date: June 12, Electronic copies of this RFP are available at: www.nyscr.ny.gov

Key Events

Requested Submission of Questions and Requests for Clarification 6/23/2026, 1PM EST

Response to questions/requests for clarification issued 6/30/2026, 1PM EST

Proposal Due Date and Time

(Any proposal received after the deadline will not be considered)

7/7/2026, 1PM EST

Anticipated Notification of Award TBD

Anticipated Contract Start Date TBD

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:

John Gunerman

Secondary Contact: 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; and (c) that all information required by this

RFP has been included in Bidder’s proposal; and (d) that downstream prohibition criteria have been met. .

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This Request for Proposal (RFP) is issued by the State University of New York at Morrisville (herein after referred to as “SUNY”) to solicit proposals for Marketing Services 2026. The agreement timeframe will be for one year.

Section 2.1: University Background

SUNY Morrisville, a college that leverages the expansive resources of the State University of New York, is a model of innovative applied education. Located in scenic Central New York, the college offers students hands-on, experiential learning in modern classrooms and specialized facilities, many of which are rare or one-of-a-kind in higher education. Morrisville's over 2,000 students - who come from diverse backgrounds across the state, nation, and world - choose from over 50 associate's, bachelor's, and master's degree and certificate programs in a variety of disciplines, including agriculture, technology, business, social sciences, and the liberal arts. The institution's program portfolio is enhanced by a number of highly specialized programs, including renewable energy, environmental conservation, aquaculture, automotive technology, equine science, dairy management, nursing, hospitality management, and information technology. An internship program that prepares students for success in the 21st-century workplace ranks among the top ten in the nation. At Morrisville, motivated students work alongside talented faculty members - many with field experience

- to imagine, build, and test practical, sustainable solutions to some of the fundamental questions confronting a shrinking world with diminishing resources.

Section 2.2: Project Description

SUNY Morrisville is seeking proposals from qualified digital marketing firms to develop, implement, and provide ongoing management for a comprehensive digital marketing campaign aimed at achieving undergraduate enrollment objectives. The selected partner will be engaged starting August 1, 2026, with the campaign launching as soon as possible thereafter and running through August 1, 2027.

Section 3.1: Minimum Bidder Qualifications

Prospective partners are requested to provide the following information:

1. Comprehensive Overview of the Firm o History of the firm o Services portfolio o Industries/sectors in which the firm has expertise

2. General Approach and Philosophies o Approach to developing digital marketing campaigns o Implementation strategies o Management and optimization philosophies

Overview

Bidder Qualifications

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3. Breakdown of Agency Fees and Media Spend o Detailed breakdown of agency fees o Media spend allocation o Transparency in fee structure o Annual budget: $225,000, which is the entire budget inclusive of both media spend and agency fees o Important note: agency partners will be expected to provide a monthly invoice inclusive of both media spend and fees, which will be payable net 30 days

4. Case Studies o At least one and up to three recent case studies o Preferably with higher education or similar industries

5. Client References o List of three client references

6. Conclusion o Case for why the firm is a strong/best fit as a strategic marketing partner for SUNY

Morrisville o Highlight any value added

SUNY reserves the right to contact client references to validate experience and the scope and quality of work. In the event any client references do not, in SUNY’s sole discretion, validate Bidder experience, scope and quality, or otherwise report poor performance by Bidder, SUNY may disqualify

Bidder on the basis of such reference. 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 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.

Section 3.2: Preferred Bidder Qualifications/Experience

None.

Digital marketing firms should develop, implement, and provide ongoing management for a comprehensive digital marketing campaign aimed at achieving undergraduate enrollment objectives.

Section 4.1: Mandatory Services

Section 2 listed above.

Scope of Services

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Section 4.2: Desirable Services

None stated

Section 4.3: Optional Services

None stated

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.

Section 5.1: Travel Costs

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

Section 6.1: Downstream Prohibition

If Bidder (or any subcontractor proposed by the Bidder) participated in the development of this solicitation (e.g. specifications, establishing a base for other applications, or otherwise gaining information that would give the Bidder an unfair advantage), they are generally precluded from being able to participate as a potential Bidder, either as a prime vendor or as a subcontractor. See State

Finance Law § 163(2); and for technology procurements, see also State Finance Law § 163-a, for guidance and exceptions. All Bidders that submit a bid must certify that, to the best of their knowledge, either: (1) no such downstream prohibition exists; or (2) the applicable exemption(s) that it reasonably believes allows them to bid (or a subcontractor falling within such prohibition to be proposed by the Bidder). It is in the interest of SUNY and Potential Bidders for Bidders to raise any questions on this topic to the Designated Contact(s) on this RFP, to explore these issues during any pre-award negotiations, and to review these issues as the project progresses.

Any and all work that may be awarded to a successful Bidder (or any subcontractor proposed by the

Bidder) pursuant to this RFP that involves developing specifications, establishing a base for other applications, or otherwise gaining information that would give a business an unfair advantage in a future procurement will generally result in the winning Bidder (or any subcontractor proposed by the

Bidder) being precluded from further work (downstream prohibition) due to conflicts of interest, either as a prime vendor or as a subcontractor. See State Finance Law § 163(2); and for technology procurements, see also State Finance Law § 163-a, for guidance and exceptions.

Section 6.2: 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

Cost Proposal

General Information and Key Events

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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 6.3: Pre-Bid Conference

N/A

Section 6.4: Pre-Bid Site Visit

N/A

Section 6.5: Bid Opening

A public bid opening is scheduled. It will be held on July 7, 2026 at 1PM in the Whipple Administration

Building 1st Floor Conference Room.

The method of award will be made based on best value to the campus. This includes an evaluation of the price and services being offered by the vendor.

Section 7.1: Evaluation Process

This RFP is part of a competitive procurement process designed to serve the best interests of the

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

1. Administrative Review

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

2. Minimum Bidder Qualifications Review

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

Qualifications.

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. 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 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

N/A

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 8.1,Vendor Responsibility. SUNY will conduct a review of vendor responsibility for the Bidder earning the highest final composite score, and any proposed subcontractors. SUNY will consider any information that raises issues concerning the vendor’s responsibility, with consideration given to its relevance to the scope of work. The review will include factors such as financial and organizational capacity, legal authority, integrity and previous contract performance.

8. Selection

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

Proposal Evaluation %

Technical Proposal 50%

DPQ (MWBE) 10%

Cost Proposal 40%

Total 100%

The Bidder earning the highest final composite score may be selected for a contract award with

SUNY and, if selected, will be notified by SUNY. Contract award shall be made by issuance of

10 | Page an award notice. All Bidders will be notified of the name of the selected awardee. SUNY contracts may be subject to approval by the NYS Attorney General and the Office of the State

Comptroller. SUNY reserves the right to award no contract pursuant to this RFP.

SUNY reserves the right to:

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

2. Make no contract award.

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

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

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

RFP, or if Bidder’s references fail to validate Bidder’s experience, scope, or quality.

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

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

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

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

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

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

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

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

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

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

9. Reserved Rights

Proposal Submission Requirements

11 | Page points and questions that appear in this RFP, and should do so in the order that they appear.

Responses should be labeled to correspond to the numbers/letters of the sections and subsections of this RFP.

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

Section 8.1: Proposal Format

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

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

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

4. Proposal Packages:

a. Proposals should be submitted in sealed packages clearly labeled on the exterior addressed to the SUNY 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 documentation shall become the property of SUNY 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 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 three 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 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

12 | Page specified in this RFP will be considered a Late Bid. A Late Bid shall not be considered for award unless: (i) no timely Bids meeting the requirements of this RFP are received, or; (ii) in the case of a multiple award, an insufficient number of timely bids were received to satisfy the multiple award; (iii) and acceptance of the Late Bid is in the best interest of SUNY. Delays in

United States mail deliveries or any other means of transmittal, including couriers or agents of

SUNY shall not excuse Late Bid submissions. Similar types of delays, including but not limited to, bad weather, or security procedures for parking and building admittance shall not excuse

Late Bid submissions. Determinations relative to bid timeliness shall be at the sole discretion of the SUNY Chancellor or her designee.

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

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 9.1: 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

Other Proposal Requirements

13 | Page 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 9.2: 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 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 9.3: Non-Collusive Bidding Certification

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

Certification.

Section 9.4: 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 9.5: Executive Order 177 (EO 177)

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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 9.6: 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.

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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

Section 9.7: 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.

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

16 | Page 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.

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 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.

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, 16% for Minority-Owned Business Enterprises (“MBE”) participation and 14% for Women-Owned Business Enterprises (“WBE”) participation (based on the current availability of qualified MBEs and WBEs). For additional information please refer to the MWBE requirements outlined in 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.

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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 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 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. .

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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.

Section 9.8: Subcontracting

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

Exhibit B.

When proposed subcontractor(s) are NYS Certified Minority and/or Women-Owned Business

Enterprises (MWBE) firms or NYS Certified Service-Disabled Veteran-Owned Businesses (SDVOB) in compliance with requirements set forth in Section 10.7, the bidder must also complete appropriate forms as described in that section.

In response to this section, bidders must complete and submit Attachment 5: Proposed

Subcontractor Information Submission Form, for each proposed subcontractor. Additionally, proposed subcontractors must file the required Vendor Responsibility Questionnaire as set forth in

Section 10.1, when applicable. Bidders are encouraged to utilize NYS firms, as set forth in Exhibit D, Proposal Submission Guidelines.

Section 9.9: 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 at Morrisville, Business Office, PO Box 901 Morrisville, NY 13408.

The policies of insurance set forth below shall be written by companies authorized by the New York

Department of Financial Services to issue insurance in the state of New York (“admitted” carriers)

19 | Page with an A.M. Best company rating of “A-” or better. Unless otherwise agreed, policies shall be written so as to include a provision that the policy will not be canceled, materially changed, or not renewed without at least thirty (30) days prior written notice except for non-payment as required by law to State

University of New York at Morrisville, Business Office, PO Box 901 Morrisville, NY 13408.

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

Bidder’s activities. Any other insurance maintained by SUNY shall be excess of and shall not contribute with the Successful Bidder’s insurance, regardless of any “other insurance” clause contained in any SUNY policy of insurance.

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

A professional liability policy (errors and omissions) in the amount of One Million Dollars

($1,000,000.00), which shall be maintained for a period of three (3) years after completion of this

Agreement. If said policy is issued on a claims-made policy form, the policy shall be purchased with extended Discovery Clause coverage of up to three (3) years after work is completed if coverage is cancelled or not renewed.

Workers Compensation and Disability Benefits Coverage for the life of this Agreement for the benefit of employees required to be covered by the New York State Workers Compensation Law and the

New York State Disability Benefits Law. Evidence of coverage must be provided on forms specified by the Commissioner of the Workers Compensation Board.

General Liability Insurance with limits no less than One Million Dollars ($1,000,000.00) per claim and

Two Million Dollars ($2,000,000.00) in the aggregate. Such policy shall name the State University of

New York as an additional insured and shall contain a provision that the State University of New York shall receive at least thirty (30) days written notice prior to material change, cancellation or expiration of such policy.

Section 9.10: Automobile Insurance Requirements

Business Automobile Liability insurance covering liability arising out of the use of any motor vehicle in connection with the work, including owned, leased, hired and non owned vehicles bearing, or under the circumstances under which they are being used, required by the Motor Vehicle Laws of the State of New York to bear, license plates. Such policy shall have policy limit of not less than $1 million/$3million combined single limit for Bodily Injury and Property Damage and shall name the

State University of New York as an additional insured. The limits may be provided through a combination of umbrella/excess liability policies.

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Section 9.11: Compliance with NYS Consulting Services Reporting Requirements

State Finance Law sections 8 and 163 requires that contractors annually report certain employment information to the contracting agency, the Department of Civil Service (DCS) and Office of the State

Comptroller (SUNY). State contractors are required to disclose, by employment category, the number of persons employed to provide services under a contract for consulting services, the number of hours worked and the amount paid to the contractor by the State as compensation for work performed by these employees. This will include information on any persons working under any subcontracts with the State contractor. State Finance Law Section 163(4)(g) imposes certain reporting requirements on contractors doing business with New York State. In furtherance of these reporting requirements, if applicable, Contractor agrees to complete and submit an initial planned employment data report and an annual employment report.

Any contract awarded resulting from this RFP shall include Exhibit A (State University of New York

Standard Contract Clauses) and, for contracts in excess of $25,000, Exhibit A-1 (State University of

New York Affirmative Action Clauses). The provisions of Exhibit A and Exhibit A-1 shall take precedence over any provision in this RFP or any provisions in the contract awarded. Exhibits A and

A-1 are attached to this RFP.

By submitting a proposal in response to this RFP, Bidder expressly agrees that, if awarded the

Contract, such Contract will contain language substantially in accordance with the Terms and

Conditions listed on Exhibit B, attached to this RFP.

General Contract Terms & Conditions

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State University of New York

Notary Acknowledgement

(ACKNOWLEDGEMENT BY INDIVIDUAL)

STATE OF NEW YORK )

COUNTY OF ) ss.:

On this day of , 20 , before me personally came

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

Notary Public

(ACKNOWLEDGEMENT BY UNINCORPORATED ASSOCIATION)

STATE OF NEW YORK )

COUNTY OF ) ss.:

On this __________ day of ____________________, 20___, before me personally came

_______________________________________________________, to me known and known to me to be the person who executed the above instrument, who, being duly sworn by me, did for himself/herself depose and say that he/she is a member of the firm of

_________________________________________________ and that he/she executed the foregoing instrument in the firm name of _________________________________________ and that he/she had authority to sign same, and he/she did duly acknowledge to me that he/she executed the same as the act and deed of said firm of _______________________________________________ for the uses and purposes…