RFQ - Baylis Hall Elevator Renovations.pdf

Request for Qualifications Baylis Hall Elevator Rehab

Due: October 13, 2026

SUNY Maritime College 6 Pennyfield Ave. Throggs Neck, NY 10465

Atten: Purchasing Department

Baylis Hall Renovations

Page 2 of 24 SUNY Procedure 7555; Form 7555-01 September 2020

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

3 Scope of Services

3.1 Background

3.2 Available Data

3.3 Scope of Services

3.4 Basic Design Fee

3.5 Subconsultant Staffing

3.6 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 (Forms as defined in SUNY Procedure 7552) 14

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

4.2.9 Encouraging Use of New York State Businesses in Contract Performance

4.2.10 Required Insurance

4.2.11 Vendor Responsibility

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

Page 3 of 24 SUNY Procedure 7555; Form 7555-01

4.2.13 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

5.5 Required Consultant Documentation Forms

5.6 Photos

Page 4 of 24 SUNY Procedure 7555; Form 7555-01

1 Request for Qualifications

This request is seeking qualified consultants to be considered with the State University of New York Maritime College to provide full design services to include, design development, construction documents, procurement, and construction administration for an elevator rehab project to three (3) elevators located in Baylis Residence Hall.

Interested firms must: (1) have experience providing design services; (2) employ experienced staff with thorough knowledge of their area(s) of expertise; and (3) be a New York State licensed and registered architect/engineer.

2 Instructions

Proposals are due by October 13, 2026 @ 12PM, the Offeror must:

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 one (1) complete Statement of Qualifications, one of which must have original signatures and an electronic copy included in your package (flash drive). Proposals are to be addressed to:

SUNY Maritime College Purchasing Department 6 Pennyfield Ave. Throggs Neck, NY 10465 Attn: Primary Contact: Donovan Lorde dlorde@sunymaritime.edu Secondary Contact: Ken Lee klee@sunymaritime.edu

5. Qualifications must be received by the Purchasing Department 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.

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

SOQ submissions shall be organized into the following sections. Any forms required by this RFQ must be submitted without any revision to format. Any SOQ submissions which deviate from the required format may be rejected. Submittal of forms that have been altered may also mailto:dlorde@sunymaritime.edu mailto:klee@sunymaritime.edu

Page 5 of 24 SUNY Procedure 7555; Form 7555-01 result in your SOQ being rejected.

Cover Letter:

A signed, one (1) page cover letter briefly expressing your firm’s interest in contracting with the College for the services indicated and your understanding of the scope of services to be provided.

The cover letter shall also include the name, title, address, phone number and email address of the contact person for your firm regarding this RFQ.

1. Section 1: Experience

Indicate the experience of your firm as it relates to the scope of this Project. Include a list of four (4) projects completed by your firm for which you provided Architectural Design and Construction Administration Services for a similar institution /facility.

Provide the following information for each project listed:

• Project Name and Address

• Project contact name, title and telephone number

• Brief description of design and construction phase services and the construction scope of work

• Estimated budget at time of bid

• Actual construction cost

• Project schedule: For Design Phase, provide the Design Contract completion date, actual completion date and show Design Contract. For Construction Phase, show the Construction Contract completion date, actual completion date and actual duration of construction.

• Specific techniques or unique methods employed to explore design options, determine estimated construction costs or to monitor construction

• The Owner’s MWBE utilization goals and the actual percentages achieved by your firm.

This section will also provide to us your references which may be contacted for information relative to your performance on the project. Contact name should be the individual with whom your firm had direct contact within the performance of the project.

This section must be limited to two (2) pages per sample project only, including any relevant photos or images.

2. Section 2: Project Organization

Provide an organization chart depicting the name, title, firm name and function of the proposed staff and team for this project. The organization chart should be arranged to display the lines of authority for senior and key project management personnel.

3. Section 3: Staffing

Page 6 of 24 SUNY Procedure 7555; Form 7555-01

Provide resumes, limited to one (1) page per individual, giving the experience and expertise of the key and senior personnel (i.e. Architects, Designer, and Engineers) who would be assigned to this assignment. Resumes should include the individual’s name, title, education, affiliations, licensing, etc., and relevant experience with similar projects, including but not limited to projects that were previously completed for SUNY, SUCF or other institutions of higher education and other government agencies.

4. Section 4: Sub-consultants & MWBE Utilization

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 agreement, SUNY has established goals of 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). Any assignment considered under this term agreement will be evaluated for MWBE sub-consultant participation using the SUNY Goal Setting Methodology. For additional information please refer to the MWBE requirements outlined in the Prospective Bidders Notice (Form 7557-121) 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).

MWBE firms must be certified by New York State and found in the NYS Directory of Certified MWBEs at: https://www.nv.newnycontracts.com/. MWBE firms must also be approved as subconsultants by SUNY in a manner similar to other proposed subconsultants. The MWBE component of the Subconsultant/MWBE Staffing list is subject to approval by the SUNY MWBE Opportunities Program Director.

5. Section 5: 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 https://www.nv.newnycontracts.com/

Page 7 of 24 SUNY Procedure 7555; Form 7555-01

Prospective Bidders Notice (Form 7557-121c). Documentation required with the submittal of qualifications includes a Subconsultant Staffing List (Forms 7555-15, 16 or 17).

6. Section 6: Workplace Diversity and Equal Employment Opportunity (EEO)

SUNY recognizes the need to promote workplace diversity and equal employment opportunities. In accordance with Title 5 of New York Codes, Rules and Regulations (NYCRR), Part 143, the following must be included with your firm’s submission:

• Your firm’s EEO policy statement

• Your firm’s and sub consultant’s “Staffing Plan - Detail of Workforce

Distribution”.

7. Section 7: Procurement Lobbying Act Forms

The Procurement Lobbying Act forms, must be included with your submittal.

8. Section 8: Iran Energy Sector Divestment Compliance

Pursuant to New York State Finance Law §165-a, Iran Divestment Act of 2012 (Act), the Office of General Services is required to post on its web site a list of persons who have been determined to engage in investment activities in Iran (“prohibited entities list”), as identified by the Act. New York State Public Authorities Law § 2879-c, with certain exceptions, prohibits SUNY from entering into or awarding a Contract with persons identified on the prohibited entities list and requires that the person (as defined in paragraph (e) of subdivision one of §165-a of the State Finance Law) entering into the contract with SUNY, certify, under penalty of perjury, that it is not on the prohibited entities list.

9. Section 9: Encouraging Use of New York State Businesses in Contract Performance

All firms submitting a Statement of Qualifications in response to this RFQ must complete and include the attached form (Attachment A) with your submission.

2.2 Pre-Bid Meeting

None.

2.3 RFQ Process and Evaluation Criteria

SOQs will be reviewed by a selection committee comprised of professionals from the College. Selection committee members will independently review SOQs to arrive at a selection. Scoring of SOQs will be based upon your firm’s response to the above

Page 8 of 24 SUNY Procedure 7555; Form 7555-01 sections and compliance to the required format.

Firms that are selected may be invited to an interview with the selection committee to present further details on qualifications and experience, approach to the specific project, sub-consultants and MWBE Utilization. Selection committee members will then independently rate each firm based upon established evaluation criteria including firm qualifications and experience, personnel qualifications, previous experience with work specific to the project scope, approach and capability, MWBE Utilization, references and any additional factors which may be appropriate to the specific project.

A contract will be awarded to the firm, which in the professional judgment of the selection committee, is deemed as the “most qualified” firm for the Architectural Services Agreement.

2.4 References

All firms submitting a Statement of Qualification must provide at least four references from prior jobs of similar scope and size.

2.5 Additional Information

None

3 Scope of Services

3.1 Background

SUNY Maritime College is located at historic Fort Schuyler on the scenic 52-acre Throggs Neck peninsula on the outskirts of New York City where the East River meets Long Island Sound.

Maritime offers undergraduate and graduate degrees, 18 varsity athletic teams, summer training cruises to Europe, five ROTC options, and US Coast Guard license and intern programs. As a small, specialized college of the State University of New York, our mission is to provide:

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

• An innovative approach to instruction directed by a dedicated faculty composed or experts in their field of study.

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

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

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

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

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

Page 9 of 24 SUNY Procedure 7555; Form 7555-01

3.2 Available Data

Attached please find original floor plans for floors 2 through 7 and the cellar plan for Baylis Hall (Baylis Floor Plans) and photos (see section 5.6).

3.3 Scope of Services

The following are design services that should be included in the scope for the Baylis Hall elevator rehab project.

Baylis Residence Hall is a seven-story building with a cellar which was constructed in 1972.

• Design Development

• Cost Estimate

• Construction Documents

- The selected firm shall produce a complete and coordinated set of construction documents. The firm will be expected to provide SUNY Maritime with digital and physical copies of the construction documents.

- The selected firm shall furnish project specifications to accompany the final drawings.

- The construction documents along with the project specifications will be referred to as the contract documents. The contract documents must be submitted for review and approval by the authority having jurisdiction, which is SUNY Maritime.

• Procurement

- The selected firm will assist in the bidding process.

• Construction Administration

- The selected firm will be responsible for the management of construction and to ensure the contractor delivers the intended design in compliance with the contract documents. The firm is expected to assign a high-level project manager to perform periodic site visits and to run biweekly construction meetings from the conception to the completion of the project.

Phased rehab of three (3) existing eight (8) stop elevators. Two elevators must remain in service at all times.

3.4 Basic Design Fee

The fee shall be negotiated with the most qualified consultant.

3.5 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.

3.6 Time of Completion Schedule

Estimated Construction Contract Award: April 2027 Estimated Construction Completion: Early August 2027 https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:b66fba45-5a96-482e-96ee-39292846fd39 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 10 of 24 SUNY Procedure 7555; Form 7555-01

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

(Insert applicable SUNY terms and conditions as appropriate)

4.1.1 Vendor Debriefing

Upon notification of the selection and award of a contract unsuccessful offerors 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 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

Page 11 of 24 SUNY Procedure 7555; Form 7555-01 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.

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 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 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=777 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=615 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 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=777

Page 12 of 24 SUNY Procedure 7555; Form 7555-01 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 unrelated to the Contract; or (ii) employment outside New York State.

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.

https://www.suny.edu/sunypp/lookup.cfm?lookup_id=621 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=621 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=627

Page 13 of 24 SUNY Procedure 7555; Form 7555-01

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.

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.

https://www.suny.edu/sunypp/lookup.cfm?lookup_id=889

Page 14 of 24 SUNY Procedure 7555; Form 7555-01

(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 as defined 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.

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-responsibility can result in rejection for contract award and in the event of two findings within a 4 year period the Offeror is debarred from obtaining government procurement contracts.

4.2.8 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

4.2.9 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

Page 15 of 24 SUNY Procedure 7555; Form 7555-01 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.

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

4.2.10 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 $2M 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.

Page 16 of 24 SUNY Procedure 7555; Form 7555-01

4.2.11 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 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.

4.2.12 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 https://www.osc.state.ny.us/state-vendors/vendrep/vendrep-system https://www.osc.state.ny.us/state-vendors/vendrep/vendrep-system mailto:ciohelpdesk@osc.state.ny.us http://www.osc.state.ny.us/vendrep

Page 17 of 24 SUNY Procedure 7555; Form 7555-01 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 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.

4.2.13 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.

http://online.onetcenter.org/ http://www.suny.edu/sunypp/documents.cfm?doc_id=699

Page 18 of 24 SUNY Procedure 7555; Form 7555-01

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 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 http://www.gsa.gov/

Page 19 of 24 SUNY Procedure 7555; Form 7555-01

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 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 accordance with the written notification terms of the contract.

3. Request 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.

4. Contact any or all references.

5. Waive requirements or amend this RFQ upon notification to all Offerors. Mandatory requirements may be eliminated if unmet by all Offerors.

6. Negotiate with Offerors responding to this RFQ within the requirements necessary to serve the best interests of SUNY.

7. Begin contract negotiations with another Offeror in order to serve the best interests of

SUNY, should SUNY be unsuccessful in negotiating a contract with the Successful Offeror within an acceptable time frame.

8. Reject any or all portions of any offer, to negotiate terms and conditions consistent with the intent of SUNY, and to make an award for any or all remaining portions.

9. Request clarifications from Offerors for purposes of assuring a full understanding of responsiveness, and further to permit revisions from all Offerors determined to be susceptible to being selected for contract award, prior to award.

10. Advise Offeror of any objectionable employee(s) and/or subcontractor(s) and request their removal from the project. Such removal shall not be reasonably withheld by the Offeror.

11. Terminate agreement with thirty (30) days written notice.

5 Attachments

5.1 Terms and Conditions

1. Exhibit A - Standard Contract Clauses http://www.suny.edu/sunypp/lookup.cfm?lookup_id=126

Page 20 of 24 SUNY Procedure 7555; Form 7555-01

2. Exhibit A-1 - Affirmative Action Clauses

3. 7555-10 or 7555-10A - State University of New York Consultant Contract (or

Consultant Term Contract)

5.2 Minority and Women Owned Business Enterprise Requirements

1. Prospective Bidders Notice (Form 7557-121c, Procedure 7557)

5.3 Service Disabled Veteran-owned Business Enterprise Requirements

1. Prospective Bidders Notice (Form 7564-121c, Procedure 7564)

5.4 Required Consultant Documentation Forms

The following forms are required with the Submittal of Qualifications

1. State Finance Law §§139-j and 139-k from SUNY Procedure Item #7552 “Procurement Lobbying Procedure for State University of New York” (applies >$15,000)

a. Form A - Summary: Policy and Procedure of the State University of New York

Relating to State Finance Law §§139-j and 139-k

b. Form B - Affirmation with respect to State Finance Law §§139-j and 139-k

c. Form C - Disclosure and Certification with respect to State Finance Law §§139-j and 139-k

2. Affirmative Action and Minority & Women Owned Business Enterprises from SUNY Procedure Item #7557 “Participation by Minority Group Members and Women (MWBEs) with Respect to State University of New York Contract (applies >$25,000); and Service Disabled Veteran-owned Business Enterprise from SUNY Procedure Item #7564 “Participation by Service-Disabled Veteran-Owned Business (SDVOBs) with Respect to State University of New York Contract (applies >$25,000)\

a. Forms 7555-15, 16 or 17 - Subconsultant Staffing List

b. Form 7557-104 - MWBE-EEO Policy Statement

c. Form 7557-108 – EEO Staffing Plan

The following forms are required from the most qualified bidder

1. Certificate of Insurance from SUNY Procedure Item #7555 “Construction-Related

Consultant Contracting Procedures

a. Form 7555-09 - Certificate of Insurance (applies all contracts)

b. NYS Workers Compensation and Disability Insurance (applies all contracts)

2. Vendor Responsibility

a. VendRep System Instructions available at https://www.osc.state.ny.us/state-vendors/vendrep/vendrep-system (form applies > $100,000)

3. Procurement Forms from SUNY Procedure Item #7553 “Purchasing and Contracting (Procurement)

• Form I - Omnibus Procurement Act of 1992 (applies >$1,000,000) http://www.suny.edu/sunypp/lookup.cfm?lookup_id=125 http://www.suny.edu/sunypp/documents.cfm?doc_id=431#forms https://www.suny.edu/sunypp/lookup.cfm?lookup_id=856 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=858 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=281 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=282 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=283 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 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=615…