Request for Qualifications Renovate Wilber Technology Labs

100339

July 7, 2026

SUNY Oswego 402 Culkin Hall, Oswego, NY 13126 Attn: Rich Merritt, Purchasing Office

Project #100339

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Table of Contents 1 Request for Qualifications 2 Instructions

2.1 Format of Proposal and Statement of Qualifications

2.2 Pre Bid Meeting

2.3 RFQ Process and Evaluation Criteria

2.4 References

2.5 Additional Information .................................................... Error! Bookmark not defined.

3 Scope of Services

3.1 Background

3.2 Available Data

3.3 Scope of Services

3.4 Program Budget

3.5 Basic Design Fee

3.6 Subconsultant Staffing

3.7 Time of Completion Schedule

4 General Conditions

4.1 Additional Terms & Conditions

4.1.1 Vendor Debriefing

4.1.2 Proposal/Qualifications Confidentiality

4.1.3 Information Security Breach and Notification Act

4.2 Required Consultant Documentation

4.2.1 Minority & Woman Owned Business Enterprises Participation

4.2.2 Service Disabled Veteran Owned Business Enterprises Participation

4.2.3 Equal Opportunity Requirements

4.2.4 Executive Order 162 (EO162)

4.2.5 Executive Order 177 (EO177)

4.2.6 State Finance Law § 139-l

4.2.7 State Finance Law § 139-j and §139-k (as defined in SUNY Procedure 7552) ... 34

4.2.8 State Finance Law §139-m

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

4.2.10 Encouraging Use of New York State Businesses in Contract Performance

4.2.11 Required Insurance

4.2.12 Vendor Responsibility

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

4.2.14 Contract Award Protest Procedure

4.3 Additional Terms & Conditions

5 Attachments

5.1 Terms and Conditions

5.2 Minority and Women Owned Business Enterprise Requirements

5.3 Service Disabled Veteran-owned Business Enterprise Requirements

5.4 Required Consultant Documentation Forms

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1 Request for Qualifications State University of New York at Oswego is interested in receiving qualifications from experienced design firms to provide architectural and engineering services to complete the unfinished renovations to Wilber Hall that were part of the then School of Education Renovation Plan in 2010-2017. Specifically, the final phase of the project, Phase 4: Wilber Hall North Wing which was never completed.

Phase 4 of the original renovation plan thus serves as the blueprint for the current plan, which includes renovations to the following spaces:

• Wilber 160 - Polymers Laboratory

• Wilber 163 - Metals Laboratory

• Wilber 165 - Future site of the Construction Systems Laboratory (currently the defunct

Advanced Wireless Systems Research Center)

Background Information When the School of Education Renovation Plan was conceived in 2008, one of the main driving forces was to bring all of the School of Education departments under one roof. As part of this plan, the School of Education’s Department of Technology was expected to update their course offerings, renovate their laboratories, replace and/or modernize their obsolete lab equipment.

In preparation for the four-phase renovation project, the Department of Technology faculty updated the curriculum in both undergraduate majors (Technology Education and Technology Management) from 2009 through 2013. Working with the aid of an advisory group, they added new classes with the expectation that with the completion of the renovations the Department of Technology would launch a new Advanced Manufacturing Management B.S. degree. Because Phase 4 of the renovation was never completed, it became unrealistic to launch a contemporary Advanced Manufacturing major with 50-60 year old equipment; since 2017, the Advanced Manufacturing Management B.S. degree program remains on hold.

Plans Going Forward:

Both the College of Education, Health, and Human Services (CEHHS) and the Department of Technology (now also part of CEHHS) continue to strive toward the original two goals of the School of Education Renovation Plan: updating facilities to empower contemporary curriculum that prepares students through authentic learning for the careers of tomorrow and bringing the entire CEHHS together under one roof.

Once the proposed renovation is complete and our laboratories are updated, we will re-engage launching the Advanced Manufacturing Management B.S.. The launch of an Advanced Manufacturing Management B.S. degree is well timed relative to regional and state employment needs. The Manufacturing Association of Central New York (MACNY) notes central New York is experiencing enormous growth in career opportunities in the manufacturing sector, within fields such as semiconductor manufacturing, technical manufacturing, and food production, in addition to growth in established fields such as energy production. The new program in Advanced Manufacturing Management will support employers seeking highly skilled leaders and managers to support the advanced manufacturing growth in central New York.

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The proposed renovations also fit seamlessly into the SUNY Oswego’s new strategic plan - Connect, Grow and Thrive. Through the updates to our laboratories and launch of a new major, we aim to Connect students with the new job opportunities coming to Central New York, Grow our enrollment, and Thrive as a department in the College of Education, Health, and Human Services as part of a vibrant university in the central New York community.

Program Scope:

• Phase 1 Renovation of Existing Labs o All systems in each laboratory will be modernized and brought up to current standards from their current condition, specified below. The general layout of both spaces and the specialty areas of each lab space will remain as is. The labs will continue to be used in their current configurations to teach courses in the materials processing of polymer and metal materials.

o The metals and polymers labs along with their ancillary rooms, offices, bathrooms and corridor equals roughly 9,325 GSF.

• Condition of 160 Wilber Hall: Polymers Lab o Although this laboratory has undergone several updates since the building was built in 1963, there are still significant updates that are required to align the space with contemporary learning configurations. The HVAC and ventilation system, plumbing, and some of the electrical systems all require renovation. During the 2010 renovations, the building's heating system was relocated to the basement space under the 160 lab. The relocation of the system now causes uncontrollable overheating of the lab; it is not unusual that the temperature exceeds 90 degrees, particularly during the start and end of each academic year. The environment during these times is both uncomfortable and can require accommodation to ensure safety, both of which detract from excellence in teaching and learning.

o Approximately 80% of the equipment in the lab is up to 20 years old. These, including several larger machines, need to be upgraded to current manufacturing standards. To power the updated equipment, we aim to upgrade from the current electrical system, which is an in-floor system from the building’s original construction. For this renovation, we are looking to be efficient in our renovation, while adding convenience and flexibility by using an overhead system of electrical drops.

• Condition of 163 Wilber Hall: Metals Lab o Wilber 163 requires significant renovation to bring the room to current standards as the ventilation, plumbing, and electrical systems are all original to Wilber Hall, which was built in 1963. The main heat source was damaged during phase 3 of the renovation in 2016 and we have been heating the space with portable electric heaters for the past decade. The physical infrastructure is inadequate and needs to be updated to current standards.

o In addition to the structural changes proposed, half of the equipment in the lab is original to 1963 and most of the newer equipment is over 20 years old. Utilizing a portion of these funds, we will invest in contemporary equipment to ensure that students are prepared for manufacturing careers using the tools they will

Page 6 of 42 SUNY Procedure 7555; Form 7555-01 November 2025 encounter in the field.

o Currently the electrical system is an in-floor system from the building’s original construction. As in the renovation to the polymer’s lab, we are looking at cost saving strategies and added convenience and flexibility by using an overhead system of electrical drops.

• Part 2 Renovation of Wilber 165 into the Construction Systems Laboratory o The College of Education, Health and Human Services would like move the

Construction Systems Laboratory from Service Building #20 to Wilber Hall to finally bring all of the College of Education, Health and Human Services under one roof.

o There have been many uses of 165 Wilber: it was originally built as an Automotive Laboratory and then was used as the Construction Systems laboratory in the 1990’s. It was renovated in 2016 to house the Advanced Wireless Systems Research Center (AWSRC) to do grant funded research and the Construction Systems Laboratory was eventually moved to Building #20. Consistent with the vision of the renovation, we are eager to bring the Construction Systems Laboratory to Wilber Hall.

o The Wireless Research Lab & Test Chamber along with their ancillary rooms equal roughly 3,650 GSF.

• Condition of 165 Wilber Hall o The first step in the renovation will be the removal and relocation of the anechoic chamber. The space has seen minimal use over past 5 years. Although the space has been renovated, there will need to be modifications, specifically a large amount of concrete that needs to be cast to refill the recessed pit that the chamber sits in. Initial plans call for the removal of the office walls to make way for classroom space. The department is looking to have a sixteen-foot-wide garage door reinstalled back in the same space that it used to be in. This allows for in and out access for large projects and to use the outside concrete pad that was cast in 2012 in preparation for the Construction Lab to originally be in that space. The space already has separate heat and air conditioning which can be reused. Lastly, a small outside dust collection system will need to be installed.

Construction is anticipated to take place immediately following the design period & bidding periods.

It is the policy of the State of New York and the State University of New York to encourage minority business enterprise participation.

2 Instructions

Proposals are due by Tuesday July 28, 2026 at 4:00pm, the Offeror must:

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1. Prepare a clearly readable document. Attach all required information.

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

3. Sign the qualifications submittal. By signing the Offeror indicates full knowledge and acceptance of this Request for Qualifications (RFQ) including Exhibits A and A-1. The proposal must be completed in the name of the proposer, corporate or otherwise, and must be fully and properly executed by an authorized person.

4. Submit three paper copies of complete qualifications, one of which must have original signatures and one on a flash drive. Proposals are to be addressed to:

SUNY Oswego Purchasing Office, c/o Rich Merritt Culkin Hall, Suite 402 72 Sweet Road Oswego, NY 13126

5. Qualifications must be received by the Purchasing Office by the due date and time listed above. Offerors mailing their qualifications must allow sufficient time to ensure receipt of their proposals by the time specified. Electronically transmitted qualifications will not be accepted.

6. No cost proposals are to be submitted with the qualifications. Cost proposals will be requested only after a consultant selection is made.

2.1 Format of Proposal and Statement of Qualifications

RFQ should include but not be limited to:

• List of name(s) of individual(s) of firm principal(s), their discipline, licensing status, year licensed, and the number of years they have been with the firm. Indicate the Principal who will be in charge of this project.

• List the name(s) of individuals(s) from the branch or main office that will be responsible for the design of this project. Indicate their discipline, licensing status, year licensed, and the number of years they have been with the firm or attach similar information.

• Experience of projects of similar scope and magnitude.

• List of proposed sub-consultants and other firms that would be working on this project.

• Project design approach and firm mission statement, project organization and other information pertaining to your firm’s qualifications.

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2.2 Pre Bid Meeting

N/A

2.3 RFQ Process and Evaluation Criteria

The Request for Qualifications will be reviewed and ranked by Campus staff to select a short list of five firms. Criteria for Consultant selection will be based on, but not limited to, firm and personnel qualifications and experience, experience with similar projects, approach and capability, schedule availability, MWBE participation and references.

2.4 References

Attach a list of example projects completed within the last five years by the branch or main office that will be responsible for the design of the project. Indicate the project name, owner/contact and phone number, cost of construction, and completion date.

3 Scope of Services

3.1 Background

Wilber Hall Functional Description: Wilber Hall is a 108,933 SF, 4-story + basement academic building in the center of campus connected to Shineman and Park Hall. Wilber Hall houses classrooms, common spaces, offices, technical labs and studios. 40% of the building is comprised of University teaching space, 40% is offices and the remaining 20% are other services.

Year Constructed: Originally constructed in 1963 and opened for use in 1964 No. of Floors: (4) Four + basement Last Renovation/Replacement:

• 2011 – Building Addition

• 2014 – Building Renovation

• 2016 – Wireless Lab & Exhaust

• 2022 – Exhaust Fan Replacements

Floor Plan

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Wilber 160 – Polymers Lab

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Wilber 163 – Metals Lab

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Wilber 165 - Advanced Wireless Systems Research Center (Current) to Construction Lab (Proposed)

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Common Areas & Exterior

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3.2 Available Data

Existing building construction documents/as-built drawings, utility infrastructure maps, the 2023 Resident Hall & Academic Master Plan and the Campus Energy Master Plan are available for areas included in this project scope. It is necessary for the consultant to complete their own field investigation in addition to the documentation provided. A representative of the Facilities Services Department on campus will be available for additional information.

Excerpt from the 2023 CEMP for Wilber Hall can be found as Exhibit B.

3.3 Scope of Services

Base agreement to include all general and specific services outlined in the attached State University of New York Consultants’ Agreement and professional services for, but not limited to, the following:

Design Period

• Architectural/Engineering design including but not limited to structural, civil, mechanical, plumbing, fire protection, electrical, fire alarm, telecom/AV, security hazardous material etc.

o Assess the current conditions and systems of Wilber Hall through extensive onsite field work and existing document review o Perform a hazardous material survey o Perform destructive investigations and repairs as required to inform the design process

Page 29 of 42 SUNY Procedure 7555; Form 7555-01 o Investigate up to (3) design solutions for reconfiguring the space while adhering to campus standards o Provide design and construction documents (drawings, specifications, narratives and estimates with each review submission to the University at Schematic Design (SD), Design Development (DD) and Construction Documents (CD) o Provide submittal register at CD phase o Schedule design meetings and reviews with the University, prepare the meeting agendas and minutes

• Include proposed project schedule identifying long lead time items, key milestones/deliverables and required meetings

Bidding Period

• Responsible for answering any pre-bid RFIs

• Attend the contractor pre-bid walk-through

• Perform the post-bid descope review with the apparent low bidder and provide recommendation of award

Construction Period

• General administration of construction contracts using Campus provided project management software (e-Builder) processing submittals, RFIs, change proposals, pay applications, testing & inspection reports, etc.

• Perform site visits during construction and issue site visit reports documenting the work and any quality control items

• Attend bi-weekly construction meetings and issue meeting minutes

• Provide continuous conformed contract drawings and specifications (typically monthly) that capture RFIs, Change Proposals, Job Drawings, and ASIs

• Review project closeout submittals - O&M manuals, warranties, as-built drawings, attic stock turnover, Owner training agendas and commissioning reports

• Prepare and generate punchlist

• Provide a record set of documents in high-resolution electronic format

In addition to requested information, your qualifications package should include:

• Firm Mission Summary

• Team Organization

• Design Approach

• Relevant Experience

• Schedule/Availability

• Identify any sub-consultants that will be used and what services they will provide

3.4 Program Budget

The estimated construction budget for Phase 1 – Renovate Existing Labs is $5,345,100.

Estimated construction cost for Phase 2 – Relocate Construction Lab is $3,386,700. These costs are inclusive of the following: base bid construction, change order allowance (2%), field order allowance (3.5%), fees, commissioning, 3rd party testing & inspections, surge moving, furniture and equipment. Note – If these projects were combined into a single project there should be cost

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3.5 Basic Design Fee

Fee shall be negotiated with the most qualified consultant.

3.6 Subconsultant Staffing

The consultant shall provide a subconsultant staffing list for the project using Form 7555-15, 7555-16 or 7555-17. This subconsultant staffing list shall include the percent of work to be completed by each subconsultant and indicate whether each subconsultant is a Minority or Women Owned Business.

3.7 Time of Completion Schedule

Anticipated contract award is October 2026. Construction timeline is expected to immediately follow design completion with a tentative completion date of August 2029. Projected Project timeline is as follows:

• Procurement of Design: June 2026 – October 2026

• Design: November 2026 – August 2027

• Bid/Award: September 2027 – December 2027

• Pre-Construction: January 2028 – May 2028

• Construction: May 2028 – August 2029

• Post Occupancy: August 2029 – August 2030

4 General Conditions The following items will be incorporated into, and made part of, the formal agreement: (1) SUNY’s RFQ; (2) the Successful Offeror's proposal; (3) Exhibit A, Standard Contract Clauses;

(4) Exhibit A-1, Affirmative Action Clauses; and, (5) Exhibit B, Procurement Lobbying Form.

In the event of any inconsistency in or conflict among the document elements of the agreement described above, such inconsistency or conflict shall be resolved by giving precedence to the document elements in the following order: (1) Exhibits A and A-1; (2) Exhibit B, (3) the Agreement; (4) this RFQ; and (5) the Successful Offeror's proposal.

(Insert applicable SUNY terms and conditions as appropriate)

4.1 Additional Terms & Conditions

N/A

4.1.1 Vendor Debriefing

Upon notification of the selection and award of a contract unsuccessful offerers may request in writing a debriefing of the results of their response to this solicitation. Requests for debriefing must be received within a reasonable timeframe, not more than 30 days after notice of award.

4.1.2 Proposal/Qualifications Confidentiality

All proposals and qualifications submitted for SUNY’s consideration will be held in confidence.

However, the resulting contract is subject to the New York State Freedom of Information Law (FOIL). Therefore, if an Offeror believes that any information in its proposal constitutes a trade http://www.suny.edu/sunypp/lookup.cfm?lookup_id=775 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=776 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=777

Page 31 of 42 SUNY Procedure 7555; Form 7555-01 secret or should otherwise be treated as confidential and wishes such information not to be disclosed the Offeror shall submit with its proposal a separate letter to the designated contact.

The letter shall specifically identify the page number(s), line(s) or other appropriate designation(s) containing such information, explaining in detail why such information is a trade secret and formally requesting that such information be kept confidential. Failure by an Offeror to submit such a letter will constitute a waiver by the Offeror of any rights it may have under Section 89(5) of the Public Officers' Law relating to protection of trade secrets.

The proprietary nature of the information designated confidential by the Offeror may be subject to disclosure if ordered by a court of competent jurisdiction. A request that an entire proposal be kept confidential is not advisable since a proposal cannot reasonably consist of all data subject to FOIL proprietary status.

4.1.3 Information Security Breach and Notification Act

The Offeror shall comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law Section 899-aa and State Technology Law, Section 208). The Offeror shall be liable for the costs associated with such breach if caused by its negligent or willful acts or omissions, or the negligent or willful acts or omissions of its agents, officers, employees or subcontractors.

4.2 Required Consultant Documentation

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

For purposes of this solicitation, SUNY hereby establishes an overall goal of 30% for MWBE participation, 16% for Minority-Owned Business Enterprises (“MBE”) participation and 14% for Women-Owned Business Enterprises (“WBE”) participation (based on the current availability of qualified MBEs and WBEs). For additional information please refer to the MWBE requirements outlined in the Prospective Bidders Notice (Form 7557-121c) and Exhibit A-1. Documentation required with the submittal of qualifications includes a/an Subconsultant Staffing List (Forms 7555-15, 16 or 17).and the consultant’s EEO policy statement (or Form 7557-104 MWBE-EEO Policy Statement).

Upon contract award and prior to contract execution the selected awardee will upload its Subconsultant Staffing List to the Statewide Utilization Management Plan (SUMP) and document its good faith efforts to achieve the applicable MWBE participation goals by submitting evidence 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 approved by the University.

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

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4.2.2 Service Disabled Veteran Owned Business Enterprises Participation Consistent with the State University of New York (SUNY) ’s commitment and in accordance with Article 17-B of the New York State Executive Law, contractors are required to ensure that good faith efforts are made to include meaningful participation by Service Disabled Veteran- Owned Business in SUNY’s MWBE Program. The requirements apply to contracts in excess of $25,000.

To ensure that SDVOB Enterprises are afforded the opportunity for meaningful participation in the performance of the University’s contracts, and to assist in achieving the SDVOB Act's statewide goal for participation on state contracts the University hereby establishes an overall goal of 6% for SDVOB participation for this solicitation.

For additional information please refer to the SDVOB requirements outlined in the Prospective Bidders Notice (Form 7564-121c). Documentation required with the submittal of qualifications includes a Subconsultant Staffing List (Forms 7555-15, 16 or 17).

4.2.3 Equal Opportunity Requirements

Pursuant to Article 15 of the Executive Law (the "Human Rights Law"), and all other State and Federal statutory and constitutional non-discrimination provisions, the Bidder will not discriminate against any employee or applicant for employment because of race, creed, color, sex, religion, national origin, military status, sexual orientation, gender identity or expression, age, disability, predisposing genetic characteristics, domestic violence victim status, familial status or marital status. The Bidder shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest. The Bidder will state in all solicitations or advertisements for employees that, in the performance of this Contract, all qualified applicants will be afforded equal employment opportunities without discrimination.

The Bidder will undertake, or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and, if awarded a Contract pursuant to this solicitation, will make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force during its legal engagement with SUNY.

By submission of a bid or proposal in response to this solicitation, the Bidder agrees with all of the terms and conditions of SUNY Exhibit A including Clause 12 - Equal Employment Opportunities for Minorities and Women and acknowledges that, if the Bidder is awarded a Contract, The Contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor, shall undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status.

For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services https://www.suny.edu/sunypp/lookup.cfm?lookup_id=858 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=775 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=776

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The Bidder further agrees, where applicable, to submit with the bid an EEO staffing plan (Form 7557-108) identifying the anticipated work force to be utilized on the Contract and, if awarded a Contract, will, upon request, submit to SUNY a workforce utilization report identifying the workforce actually utilized on the Contract if known. Forms are available in SUNY Procurement Policies and Procedures Document 7557 online at:

http://www.suny.edu/sunypp/documents.cfm?doc_id=611.

Please Note: Failure to comply with the foregoing requirements may result in a finding of non-responsiveness, non-responsibility and/or a breach of the Contract, leading to the withholding of funds, suspension or termination of the Contract or such other actions or enforcement proceedings as allowed by the Contract.

4.2.4 Executive Order 162 (EO162)

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

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

4.2.5 Executive Order 177 (EO177)

The New York State Human Rights Law, Article 15 of the Executive Law, prohibits discrimination and harassment based on age, race, creed, color, national origin, sex, sexual orientation, gender identity, disability, marital status, military status, or other protected status.

The Human Rights Law may also require reasonable accommodation for persons with disabilities and pregnancy-related conditions. A reasonable accommodation is an adjustment to a job or work environment that enables a person with a disability to perform the essential functions of a job in a reasonable manner. The Human Rights Law may also require reasonable accommodation in employment on the basis of Sabbath observance or religious practices.

Generally, the Human Rights Law applies to: (i) all employers of four or more people, employment agencies, labor organizations and apprenticeship training programs in all instances of discrimination or harassment; (ii) employers with fewer than four employees in all cases involving sexual harassment; and (iii) any employer of domestic workers in cases involving sexual harassment or harassment based on gender, race, religion or national origin.

In accordance with Executive Order No. 177, prior to contract award, selected Awardee must submit a certification that it does not have institutional policies or practices that fail to address harassment and discrimination as described above. SUNY is electing to obtain the certification with the bid documents to avoid unnecessary delay in the contract award process. All Bidders must sign and submit the certification attached to this IFB, SUNY Form 7555-18.

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4.2.6 State Finance Law § 139-l

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

State Labor Law §201-g.

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

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

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

(5) All Bidders must sign and submit the certification attached to this IFB, SUNY Form 7555-18.

4.2.7 State Finance Law § 139-j and §139-k (Forms in SUNY Procedure 7552) State Finance Law §§139-j and 139-k imposes certain restrictions on communications between a Governmental Entity and an Offeror during the procurement process. During the restricted period the Offeror is restricted from making contacts to other than designated contact unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j(3)(a). The restricted period is from the earliest notice of intent to solicit offers through final award and approval of the Contract.

The designated contacts for this procurement is: Richard Merritt, Purchasing Office, 315-312- 2208, Richard.merritt@oswego.edu

SUNY employees and their designated representatives are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Offeror pursuant to these two statutes. Certain findings of non-

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4.2.8 State Finance Law §139-m

Effective November 5, 2025, State Finance Law § 139-m requires all vendors bidding on New York State contracts to implement and attest to a Gender-Based Violence and the Workplace policy. This policy must be in place for a bid to be considered. Bidders will submit, with their bids, the above-referenced certification indicating that they have implemented a policy addressing gender-based violence in the workplace or provide a signed statement indicating why they are not able to meet this requirement.

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

4.2.9 Omnibus Procurement Act of 1992 (Form from SUNY Procedure 7553) It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers and a directory of minority and women-owned business enterprises is available from:

Empire State Development Division for Small Business One Commerce Plaza Albany, NY 12210 Phone: 1-800-782-8369

4.2.10 Encouraging Use of New York State Businesses in Contract Performance New York State businesses have a substantial presence in SUNY contracts and strongly contribute to the economies of New York and the nation. In recognition of their economic activity and leadership in doing business in New York State, bidders/proposers/contractors for this contract for commodities, services or technology are strongly encouraged and expected to consider New York State businesses in the fulfillment of the requirements of the contract. Such partnering may be as subcontractors, suppliers, protégés or other supporting roles.

Bidders/proposers/contractors need to be aware that to the maximum extent practical and consistent with legal requirements, they are strongly encouraged to use responsible and responsive New York State businesses in purchasing commodities that are of equal quality and functionality and in utilizing services and technology. Furthermore, bidders/proposers/ contractors are reminded that they must continue to utilize small, minority and women-owned businesses, consistent with current State law.

Utilizing New York State businesses in SUNY contracts will help create more private sector jobs, rebuild New York’s infrastructure, and maximize economic activity to the mutual benefit of the contractor and its New York State business partners. New York State businesses will promote the contractor’s optimal performance under this contract, thereby fully benefiting the public sector programs that are supported by associated procurements.

Page 36 of 42 SUNY Procedure 7555; Form 7555-01

Public procurements can drive and improve the State’s economic engine through promotion of the use of New York businesses by its contractors. SUNY therefore expects bidders/proposers to provide maximum assistance to New York businesses in their use of the contract. The potential participation by all kinds of New York businesses will deliver great value to New York State and its taxpayers.

Bidders/proposers can demonstrate their commitment to the use of New York State businesses by responding to the question “Will New York State Businesses be used in the performance of this contract?” on the

4.2.11 Required Insurance

Prior to the commencement of work the Successful Offeror will provide, at its sole cost and expense, Certificates of Insurance in accordance with Article VII of the Consultant Agreement, which shall remain in force throughout the term of the agreement, or any extension thereof. Such Certificates of Insurances shall be from an insurance company licensed by the New York State Department of Insurance with a rating of at least "A-" as published with Standard & Poor's, and a liability insurance policy with limits no less than $2,000,000 per claim. If during the term of the policy, the carrier's rating falls below "A-", the liability insurance must be replaced no later than the renewal date of the policy with an insurer acceptable to the State of New York. Such policies shall name the STATE UNIVERSITY OF NEW YORK as an additional insured. The policy shall designate the State University of New York as the loss payee and shall contain a provision that the State University of New York shall receive at least thirty (30) days notice prior to material change, cancellation or expiration of any such policy.

Workers Compensation Insurance & Disability Benefits Coverage All employees of the Successful Offeror shall be adequately and properly covered by Workers' Compensation Insurance and Disability Benefits coverage for all work related to the resultant contract. Such policies shall name the STATE UNIVERSITY OF NEW YORK as an additional insured and are to be written by recognized and well-rated insurance companies authorized to transact business in the State of New York. The Successful Offeror shall deliver certificates of such coverage, or proof that such coverage is not required, in the required format, as required by the Workers' Compensation Board, to the following when the agreement is signed by the parties and thereafter not less than thirty (30) days prior to material change or cancellation of such coverage. Proof of NYS Worker’s Compensation is only accepted on the C-105.2 or U-26.3 form. Proof of Disability insurance is only accepted on the DB-120.1 form.

4.2.12 Vendor Responsibility

SUNY recommends that vendors file the required Vendor Responsibility Questionnaire online via the New York State VendRep System. To enroll in and use the New York State VendRep System, see the VendRep System Instructions available at https://www.osc.state.ny.us/state-vendors/vendrep/vendrep-system.

Vendors must provide their New York State Vendor Identification Number when enrolling. To request assignment of a Vendor ID or for VendRep System assistance, contact the Office of the State Comptroller’s Help Desk at 866-370-4672 or 518-408-4672 or by email at https://www.osc.state.ny.us/state-vendors/vendrep/vendrep-system https://www.osc.state.ny.us/state-vendors/vendrep/vendrep-system

Page 37 of 42 SUNY Procedure 7555; Form 7555-01 ciohelpdesk@osc.state.ny.us.

Vendors opting to complete and submit a paper questionnaire can obtain the appropriate questionnaire from the VendRep website www.osc.state.ny.us/vendrep or may contact SUNY or the Office of the State Comptroller’s Help Desk for a copy of the paper form.

4.2.13 State Consultant Services Reporting (OSC Form A and B) Chapter 10 of the Laws of 2006 amends State Finance Law §§ 8 and 163 by requiring that contractors annually report certain employment information to the contracting agency, the Department of Civil Service (DCS) and Office of the State Comptroller (OSC). As a result of these changes in law, State contractors will be required to disclose, by employment category, the number of persons employed to provide services under a contract for consulting services, the number of hours worked and the amount paid to the contractor by the State as compensation for work performed by these employees. This will include information on any persons working under any subcontracts with the State contractor.

This is a two-step process. The first step, Form A is to be submitted with the Consultants’ fee proposal; the State Consultant Services Contractor’s Planned Employment From Contract Start Date Through the End of the Contract Term (OSC Form A). The completed form must include information for all employees providing service under the contract whether employed by the contractor or a subcontractor. Please note that the form captures the necessary planned employment information prospectively from the start date of the contract through the end of the contract term.

The second step is the completion and filing of State Consultant Services Contractor’s Annual Employment Report (OSC Form B), which is to be used to report the annual / actual information.

Please note that, in contrast to the information to be included on Form A, which is a one-time report of planned employment data for the entire term of a consulting contract on a projected basis, Form B will be submitted each year the contract is in effect and will capture historical information, detailing actual employment data for the most recently concluded State fiscal year (April 1 – March 31). The legislation mandates that the annual employment reports are to be submitted by the contractor to the contracting agency, to OSC and to the Department of Civil Service. Annual reports are due May 1.

Form A and Form B shall be completed for contracts for consulting services in accordance with the following:

Scope of Contract (Form B only): a general classification of the single category that best fits the predominate nature of the services provided under the contract.

Employment Category: the specific occupation(s), as listed in the O*NET occupational classification system, which best describe the employees providing services under the contract. (Note: Access the O*NET database, which is available through the US Department of Labor’s Employment and Training Administration, on-line at online.onetcenter.org to find a list of occupations.)

Number of Employees: the total number of employees in the employment category mailto:ciohelpdesk@osc.state.ny.us http://www.osc.state.ny.us/vendrep http://online.onetcenter.org/

Page 38 of 42 SUNY Procedure 7555; Form 7555-01 employed to provide services under the contract during the Report Period, including part time employees and employees of subcontractors.

Number of hours (to be) worked: for Form A, the total number of hours to be worked, and for Form B, the total number of hours worked during the Report Period by the employees in the employment category.

Amount Payable under the Contract: the total amount paid or payable by the State to the State contractor under the contract, for work by the employees in the employment category, for services provided during the Report Period.

By submitting Qualifications for consideration on this project you are agreeing to comply with the requirements Chapter 10 of the Laws of 2006.

4.2.14 Contract Award Protest Procedure

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

4.3 Additional Terms & Conditions

1. The terms and conditions of the State University of New York (pick one:

Consultant Contract Form 7555-10 or Consultant Term Contract Form 7555- 10A) shall apply, and is provided as an attachment to this RFQ.

2. Consultant’s Terms: The Consultant’s standard terms and conditions will not be considered relevant to their proposal or the contract, and should not be included with their proposal. Any additional Consultant terms and conditions which are attached or referenced with Consultant’s proposal shall not be considered part of the qualifications or proposal, but shall be deemed included for informational purposes only. No extraneous terms will be incorporated into an agreement unless approved in writing by the Office of General Counsel. Acceptance and/or processing of a proposal shall not constitute acceptance of the extraneous terms.

3. The resulting agreement shall be binding upon its execution by both parties and, if required by New York State law, upon the approval of the Attorney General and the Office of the State Comptroller.

4. The agreement may be revised at any time upon mutual consent of the parties in writing. Such written consent will not be effective until signed by both parties and, if required by New York State law, approved by the Attorney General and the Office of the State Comptroller.

5. The relationship of the Successful Offeror to SUNY shall be that of independent consultant.

6. Compliance with the post-employment restrictions of the Ethics in Government http://www.suny.edu/sunypp/documents.cfm?doc_id=699

Page 39 of 42 SUNY Procedure 7555; Form 7555-01

Act is required.

7. The submission of a proposal constitutes a binding offer to perform and provide said services.

8. In the event the Successful Offeror uses partners, subcontracts or subcontractors, the Successful Offeror will remain responsible for compliance with all specifications and performance of all obligations under the contract resulting from this RFQ. For the resulting agreement, the Successful Offeror will be the prime contractor.

9. SUNY will not be liable for any costs associated with the preparation, transmittal, or presentation of any proposals or materials submitted in response to this RFQ.

10. Public announcements or news releases regarding this RFQ or any subsequent award of a contract must not be made by any offeror without the prior written approval of SUNY.

11. The Successful Offeror(s) is responsible for compliance with all applicable rules and regulations pertaining to cities, towns, counties and State where the services are provided, and all other laws applicable to the performance of the resulting contract. The Successful Offeror shall provide all necessary safeguards for safety and protection as set forth by the United States Department of Labor, Occupational Safety and Health Administration.

12. The Successful Offeror will be responsible for the work, direction and compensation of its employees, consultants, agents and contractors. Nothing in the resulting agreement or the performance thereof by the Successful Offeror will impose any liability or duty whatsoever on SUNY including, but not limited to, any liability for taxes, compensation, commissions, Workers' Compensation, disability benefits, Social Security, or other employee benefits for any person or entity.

13. In the event the Successful Offeror is required to be reimbursed for travel, Offeror shall be reimbursed at rates not to exceed the current NYS Schedule of Allowable Reimbursable Travel Expenses. Refer to the U.S. Government Administration Rates for Travel at: http://www.gsa.gov

SUNY reserves the right to:

1. Not accept any and all proposals received in response to this RFQ.

2. To terminate any resulting contract for: (1) unavailability of funds; (2) cause; (3) convenience; (4) in the event it is found that the certification filed by the Offeror in accordance with State Finance Law §§139-j and 139-k are found to be intentionally false or intentionally incomplete; and if applicable, the Department of Taxation and Finance http://www.gsa.gov/

Page 40 of 42 SUNY Procedure 7555; Form 7555-01

Contractor Certification Form ST-220CA was false or incomplete. Upon such finding, SUNY may exercise its termination right by providing written notification to the Offeror in…