RFQ CD 082826.pdf

OPWDD

New York State Office for People With Developmental Disabilities Community Snow and Slush Removal and Ice Control Services for Capital

District DDSOO RFQ CD 082826 Page 1 of 17

Request for Quote

RFQ NUMBER: RFQ CD 082826

RFQ Title: 2026-2027 Community Snow and Slush Removal and Ice Control Services in Montgomery, Saratoga, and Washington Counties

DESIGNATED CONTACT(S)

Primary Designated Contact Information:

Keith Ryer, CMS 1 26 Center Circle, Building 58, Service Building Wassaic, NY 12592 845-877-6821 x3321 Keith.x.ryer@opwdd.ny.gov

Secondary Designated Contact Information:

Laura Pushkarsh, Associate Director of Contracts 26 Center Circle, Building 58, Service Building Wassaic, NY 12592 845-877-6821 x3274 laura.x.pushkarsh@opwdd.ny.gov

Secondary Designated Contact Information:

Christopher Davis, CMS 2 26 Center Circle, Building 58, Service Building Wassaic, NY 12592 845-877-6821 x3393 Christopher.m.davis@opwdd.ny.gov

Secondary Designated Contact Information:

Deborah Klase, Associate Director of Contracts 26 Center Circle, Building 58, Service Building Wassaic, NY 12592 845-877-6821 x3327 deborah.c.klase@opwdd.ny.gov

KEY EVENTS

OPWDD Issues Request for Quote (RFQ) August 7, 2026

RFQ Due Date August 28, 2026

OPWDD has sole discretion to change the above dates

Designated Contact shall indicate if Procurement Lobbying Law/Restricted Period is in effect: Yes No Where Procurement Lobbying Law is deemed applicable by the Designated Contact, by signing, Contractor affirms that it understands and agrees to comply with OPWDD’s policies and procedures relative to permissible contacts. Information may be accessed at: Procurement Lobbying: https://ogs.ny.gov/acpl

* Questions regarding the Scope of Work for this procurement should be submitted via email to:

eny.nyc.li.contracthub@opwdd.ny.gov

OVERVIEW

The Office for People With Developmental Disabilities (OPWDD) Contract Management Unit on behalf of Capital District Developmental Disabilities State Operations Office (DDSOO) is soliciting quotes from responsible and qualified contractors to perform Community Snow and Slush Removal and Ice Control Services. Please see Scope of Work and Mandatory Requirements on the following pages for additional details. References and insurances are required.

METHOD OF AWARD

This is a Request for Quote (RFQ), not a formal Invitation for Bid (IFB). OPWDD will select the responsible and responsive Bidder that will provide the lowest Total Cost for Community Snow and Slush Removal and Ice Control Services. A Bidder is to be defined as a vendor who submits a quote in response to this RFQ. Do not alter the Cost Proposal Form or leave any omissions or your quote may not be considered. Only proposals judged to be responsive to the submission requirements set forth in this RFQ will be evaluated. OPWDD reserves the right to reject any and all offers. OPWDD reserves the right to confirm any Contractor has the ability to perform the required services as outlined in the Scope of Work. Awards will be made per cluster. One or multiple awards may be made. OPWDD reserves the right to award any, all, or none of the listed clusters.

In the event of a tie, the award will be made by random selection.

ATTACHMENTS: Mandatory Supporting Documents (References and Vendor Responsibility Questionnaire) mailto:keith.x.ryer@opwdd.ny.gov mailto:laura.x.pushkarsh@opwdd.ny.gov mailto:zachary.j.guida@opwdd.ny.gov mailto:deborah.c.klase@opwdd.ny.gov https://ogs.ny.gov/acpl mailto:eny.nyc.li.contracthub@opwdd.ny.gov

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1. SCOPE OF WORK:

Snow and Slush Removal and Ice Control Services The Office for People With Developmental Disabilities (OPWDD) on behalf of the Capital District Developmental Disabilities State Operations Office (DDSOO) requires a qualified Contractor to provide Snow and Slush Removal and Ice Control Services at community residences in Montgomery, Saratoga, and Washington Counties. A site listing with addresses and telephone numbers is included in Exhibit A – Site Listing.

Contractor must, during the term of this Agreement, perform all Snow and Slush Removal and Ice Control Services described and specified in this Scope of Work.

I. General Requirements:

1. Snow and slush removal and ice control services are required at OPWDD sites which are occupied by people with developmental disabilities. OPWDD residents often require an additional level of care regarding snow, slush, and ice removal due to functional mobility limitations. It is extremely important during inclement weather that all efforts are made to have the sites accessible and safe for program participants and staff.

2. Snow and slush removal and ice control services detailed in this Scope of Work will be paid by one seasonal price, spread out over six (6) equal installments as further detailed in Section V. Accounting.

3. Contractor must be able to provide snow and slush removal and ice control services throughout the contract term, which is inclusive of early or late snow or ice events outside of the typical removal season, on a seven days per week, 24 hours per day basis.

4. The Contractor selected to do the work set forth herein must not assign or subcontract any or all parts of said work without written permission from OPWDD’s Contract Management Unit.

5. Contractor must use sufficiently sized plows and have commercial quality spreading equipment to remove snow, slush, and ice from the driveways and parking lots at each location. Contractor must have adequate staff and equipment to accomplish the snow and slush removal and ice control services without delay. OPWDD reserves the right to request detailed listings of equipment, staffing, service routes, etc.

6. Contractor’s equipment and supplies must not remain on site after service.

7. The Contractor may, for the duration of each snow season, place visible markers in work areas.

8. Contractor must adhere to local/state noise control ordinances/laws and is responsible to follow all State, local and municipal codes regarding the plowing of snow and slush from OPWDD property and roadways. Contractor must possess and provide, at no additional cost to the State, appropriate licenses and permits associated with the provision of snow and slush removal and ice control services.

9. Under no circumstance will Contractor move any vehicles, personal or State owned. If vehicles block the driveway or parking areas, every effort must be made to have staff at the sites move vehicles to allow a complete clearing of parking areas and walkways. There may be occasions when staff are unable to move vehicles. Contractor must inform House Manager or designee and perform services as best they can. See section III. Detailed Specifications, for further information.

10. Contractor’s employees will adhere to all OPWDD policies and regulations, including but not limited to smoking, parking, etc. Contractor will cooperate with House Managers and staff and must comply with the safety and security requirements imposed by each site.

11. Pursuant to the conditions within this Scope of Work, the method of snow and slush removal and ice control, equipment used, and plan of action will be up to each Contractor’s discretion.

II. Service and Accumulation Requirements:

1. Snow and slush must not be allowed to accumulate more than 3 inches. It is each Contractor’s sole responsibility to ensure they are aware of how much snow accumulates at each site. If accumulation of snow and slush reaches 3 inches at a site, and the Contractor has not begun service within 2 hours, Community Snow and Slush Removal and Ice Control Services for Capital

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OPWDD may reach out to an alternate vendor to perform service. The cost of this alternate service will be deducted from Contractor’s payment. If no payments are owed, Contractor will be invoiced for the additional costs incurred by OPWDD.

2. In addition to the accumulation limit of 3 inches of snow and slush, the House Manager or designee has the right to call for service as deemed necessary for safety concerns as part of this contract. Such calls for service are in addition to the automatically triggered 3 inch snow and/or slush removal accumulation limit and the Contractor is to provide a full service as detailed herein. House Manager or designee service calls may be requested due to: snow or slush removal of less than 3 inches; snow removal from accumulation due to drifting snow or windblown snow; ice control; egress clearing with ice control; or any other service described in this Scope of Work deemed necessary for safety concerns.

Response time must be within two (2) hours of call when OPWDD requests service. Response time is defined as the time in which the Contractor must arrive at the location that has requested the service and begins the requested service. Contractor must provide a phone number for accepting calls 24 hours per day and 7 days per week. OPWDD must be notified immediately of any phone number changes.

3. At the conclusion of a weather event, all maintained surfaces will be cleared to bare pavement and followed immediately by application of anti-icing materials. Anti-icing materials may also be used for ice control when needed before the start or end of a weather event, but it must be used immediately at the conclusion of a weather event after surfaces have been cleared to bare pavement.

4. Please note: Staff change shifts at approximately 7:00 a.m., 3:00 p.m. and 11:00 p.m. and the program participants leave their homes by 7:30 a.m. and return at 3:00 p.m. To ensure the safety of all, plowing, sanding, and ice control (including pre-treatment) services should be conducted with consideration to the timeframes mentioned above.

5. The Contractor will perform all services associated with this Scope of Work to the satisfaction of OPWDD. The quality of service will be subject to inspection by OPWDD. If the quality of service is not satisfactory, and it is deemed that the Contractor does not meet the requirements of this Scope of Work, the Contractor will be notified of those deficiencies, and it will be the Contractor's responsibility to make the necessary corrections. Such corrections will begin within two (2) hours of such notice, and all deficiencies must be corrected within three (3) hours of such notice. In the event the Contractor does not correct the deficiencies within three (3) hours of notice, OPWDD may contact another vendor for service.

6. In the event the Contractor fails to provide services as stated in the Scope of Work, within the time frames specified above and OPWDD is required to procure services from another vendor, the Contractor will be held liable for any costs to provide such services for the site(s) involved. In such a situation, the additional cost for these services will be deducted from any payments owed. If no payments are owed, the Contractor will be invoiced for the additional costs incurred by OPWDD. A serious violation and/or repeated violations may also result in termination of the contract.

III. Detailed Specifications:

1. Snow and Slush Removal Services

a. Snow and slush will be removed by plowing, shoveling, or blowing as necessary. All snow and slush must be removed in a manner that allows safe passage and does not promote the buildup of snow, slush, and/or ice. Plows cannot be used to clear sidewalks or walkways. Contractor must shovel/clear all sidewalks each time they plow.

b. Contractor will employ the use of “Snowplow Shoes” on gravel or unpaved areas.

c. Snow and slush removal from walkways, driveways, patios, etc. must clear the entire surface, and overlap the edge onto the grass whenever possible. All walkways/paths must be cleared to no less than 36 inches wide; enough to accommodate wheelchairs. Any decks that are designated as an egress path must be cleared a minimum of 6 feet wide from egress point to the evacuation point as identified by the House Manager. Cleared snow and slush are to be removed from the deck.

d. Walkways/paths may be across non-paved areas to allow for emergency egress from the site. It is the

Contractor’s responsibility to know where these walkways/paths are needed.

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e. Driveways, parking areas, and parking exits are to remain open and at full width and visibility throughout the contract period.

f. Contractor must meet with each House Manager or designee to discuss specific site requirements. Areas that require snow and slush removal services include but are not limited to:

Entire driveways Entire parking areas

Fire exits Egress walkways

Generator access Dumpsters

Fire hydrants Fuel delivery paths

Walkways to storage sheds Evacuation areas

Mailboxes All exits

Egress paths on decks Steps/ramps

It is the responsibility of OPWDD staff to shovel the paths to smoking areas at residential sites.

g. Snow and slush will be removed to a storage area designated by the House Manager or their designee.

Banking of snow and slush must be limited in height so as not to restrict visibility at the entrance to the roadway. Snow and slush must not be pushed against houses, vehicles, buildings, entranceways, sidewalks, exit doors, fire hydrants, trash receptacles, garage doors, shrubbery, trees, or emergency generators. Care must be taken to not push, shovel, or throw snow or slush on or otherwise damage adjoining properties. Snow and slush must not be piled up or blown in front of neighbor’s property or public streets. Snow and slush must not be placed where it blocks public walks.

h. Municipal Sidewalk: At locations that share a boundary with a municipal sidewalk, all snow and slush must be cleared from the length of the municipal sidewalk for which that site is responsible. Sidewalks must not be blocked by snowbanks. Any fines, penalties, or assessments resulting from failure to clear municipal sidewalks as required by local law will be charged to the Contractor.

i. Blocked Driveway: If vehicles block the driveway or parking areas, every effort must be made to have staff at the residence move vehicles to allow a complete clearing of parking areas and walkways. The Contractor must call site 30 minutes prior to expected arrival to allow staff adequate time to clear and move vehicles parked in snow and slush removal areas. The Contractor is not responsible for shoveling out vehicles.

j. Snowbank pushback and snow and slush removal with heavy equipment is not covered under this contract.

If these services are required, they will be handled by the DDSOO Business Officer or designee. Any damages caused during services will be the responsibility of the contractor providing said services.

2. Ice Control Services

a. Contractor must be able to provide ice control services 24 hours per day, seven days per week for community sites. Ice Control must always be performed in tandem with snow removal, and it may be performed as a stand-alone requested service, e.g., ice storm, sleet, freezing rain, melting snow and slush that refreezes, or whenever frozen water occurs, as well as during snowfall events. Ice Control may be initiated at the request of the House Manager or designee as deemed necessary to maintain proper safety for program participants, staff, and visitors.

b. The Contractor must meet with each House Manager or designee to discuss specific site requirements.

Areas that require ice control services include but are not limited to:

Entire driveways Entire parking areas

Fire exits Egress walkways

Generator access Dumpsters

Fire hydrants Fuel delivery paths

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Walkways to storage sheds Evacuation areas

Mailboxes All exits

Egress paths on decks Steps/ramps

It is the responsibility of OPWDD staff to de-ice paths to smoking areas at residential sites.

c. Ice control materials are to be provided by the Contractor and applied at rates and densities in line with industry standards so as to maintain all affected areas reasonably free of ice and snow to minimize potentially slippery conditions.

d. De-icing application of Sodium chloride and/or Enviro-Melt must immediately follow every plowing to bare surface and at the conclusion of a weather event.

e. The Contractor must submit the specifications of the ice melt to be used to the DDSOO Plant Superintendent’s Office for approval prior to the usage of equivalent material. Sodium chloride (rock salt) is not to be used on decks or concrete areas. Calcium Chloride is to be used on stoops and porches.

f. Should ice accumulate to a thickness that becomes unmanageable by chemical applications alone, Contractor may be required to break up and remove ice by other means.

g. It is the responsibility of OPWDD staff to de-ice paths to smoking areas. The cost for the de-icing agent for this area is the responsibility of OPWDD.

h. At temperatures below 15 degrees Fahrenheit, abrasives such as sand, provided by the Contractor, may be added to enhance traction. Sand may be used combined with an approved ice control product; however, the ratio of sand to ice melt material should be no more than 50/50. This ratio can only be changed by the DDSOO Plant Superintendent or designee based on the effectiveness of the last application.

i. At the end of the season, all excess sand/salt must be removed from the premises at the Contractor’s expense. The House Manager will determine the presence of excess salt/sand.

j. Contractor must supply all appropriate Material Safety Data Sheets (MSDS) to each contracted site’s House Manager or designee.

IV. Contractor Damages:

1. Only qualified operators and proper equipment are to be used along with special efforts to prevent abuse and damage to surfaces of paved roads, walks, curbs, barriers, landscape effects, grass areas, etc. The Contractor will be responsible for the repair of all damage to property, landscape, walkways, or any structures of the State or neighboring properties caused by the Contractor’s employees or equipment. The Contractor must notify the House Manager or designee immediately of an event causing damage to the property.

2. The Contractor will be responsible for, and will be notified by OPWDD of, all damage to buildings, curbing, walkways, fences, signs, trees, shrubbery, grass areas, etc. as it is discovered and until the end of the snow season. At the end of the snow season, the Contractor will be solely and wholly financially liable for any reported damage and will comply with the instruction of the DDSOO Plant Superintendent, House Manager, or designee in returning the property to its pre-season condition.

3. The Contractor will not be responsible for damage from snow piled in the designated snow storage areas.

4. The Contractor must complete all damage repairs by April 30th of the calendar year. If the repairs are not completed by that time, OPWDD may find an alternative Contractor to complete the repairs. The cost for these repairs will be deducted from any payments owed to the Contractor. If no payments are owed, the Contractor will be invoiced for the costs incurred by OPWDD.

5. If Contractor causes damage to a staff or State-owned vehicle, the Contractor must notify the House Manager or designee immediately. Contractor will be responsible to report the damage to their private insurance company and exchange insurance information with the staff person if it was a personal vehicle.

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V. Accounting:

1. Pricing & Payment Structure: Snow and slush removal and ice control service is based on seasonal pricing. The seasonal price for each cluster will be paid in six (6) equal installments. The first invoice of the season is to be dated December 1st and subsequent invoices (January through May) are to be dated on the first of each month.

Invoices are to be submitted for payment no later than 30 days from the invoice date. If no service is required prior to December 1st, Contractor must still submit an invoice to receive initial seasonal payment. Payment will be made after receipt of invoices as detailed in 4. Invoices. The sixth and final seasonal payment each year will be processed once the final invoice is received (no later than May 31) and damages that may have been caused by the Contractor have been satisfactorily repaired, as detailed in section IV. Contractor Damages.

2. Job Tickets: Job Tickets are not required; however, OPWDD reserves the right, at the discretion of the DDSOO

Business Office, to implement their use. If implemented, the Contractor would be required to complete a Job Ticket to be presented to the House Manager or staff upon completion of each service; House Manager or staff will sign Job Tickets if service is satisfactory. Job Tickets will then be provided as directed to the DDSOO Business Office for payment to be made.

3. Prevailing Wages: Prevailing Wages apply to this contract. The PRC number for this contract is 2026901505. A copy of Contractor’s certified payroll is required to be submitted with invoices prior to payment for services rendered.

4. Invoices: Invoices are to be submitted no later than 30 days from the date on the invoice. Invoice must indicate:

Seasonal payment invoice #__ of 6, PO# OPD01- , contract number, the name of the site(s), the date(s) of service, and the type of service rendered. All contracted sites should be submitted in one monthly invoice as detailed above in 1. Pricing & Payment Structure. If no service has yet been required at the time of submitting the initial seasonal payment invoice (#1 of 6), Contractor should indicate such on invoice. Invoices are to be submitted for payment to:

OPWDD Capital District DDSOO

Unit ID: 3660233 C/O NYS OGS BSC Accounts Payable

Bldg. 5, 5th Floor 1220 Washington Ave.

Albany, New York 12226-0900

The state of New York may require the Contractor to submit billing invoices electronically.

eInvoicing information may be found at: https://bsc.ogs.ny.gov/nys-vendors

5. Payment: Payment for invoices submitted by the Contractor will only be rendered electronically unless payment by paper check is expressly authorized by the head of the State Agency, in the sole discretion of the head of such State Agency, due to extenuating circumstances. Such electronic payment will be made in accordance with OSC's procedures and practices to authorize electronic payments. Payment will be based on actual services rendered.

https://bsc.ogs.ny.gov/nys-vendors

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Exhibit A – Site Listing

Please note the clusters being quoted are Clusters 9, 16, and 19

Cluster 9

Site Site Address County Phone

1 Hadley 6305 Route 9N, Hadley, NY 12835 Saratoga 518-696-5111

2 Stony Creek 669 Stony Creek Rd, Hadley, NY 12835 Saratoga 518-696-3452

Cluster 16

1 Cambridge 24 Mountain View Dr, Cambridge, NY 12816 Washington 518-677-2697

2 Arlington 11 Bowen Hill Rd, Cambridge, NY 12816 Washington 518-677-2175

3 Easton 239 General Fellows Rd, Greenwich, NY 12834 Washington 518-695-3439

4 Gillis 125 Gillis Rd, Greenwich, NY 12834 Washington 518-692-2319

Cluster 19

1 Jockey 6240 Jockey St, Middle Grove, NY 12850 Saratoga 518-882-9598

2 Western 66 Western Ave, Amsterdam, NY 12010 Montgomery 518-882-5598

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2. MANDATORY REQUIREMENTS:

A. Insurance Requirements – The contractor agrees that without expense to the State, insurance will be maintained during the period of the proposal and contract, insurance of the kinds and amounts indicated, with insurance companies authorized to do such business in the State of New York, covering all operations under this proposal and contract.

1) The Contractor shall furnish to OPWDD a Certificate or Certificates in a form satisfactory to the Agency, showing compliance with the requirements of this section. The State of New York Office for People with Developmental Disability will be expressly named as additional insured on each policy in accordance with above. Certificates of insurance should be forwarded to the OPWDD with the signed agreement and thereafter annually on the contract anniversary date. Certificates shall state the policies shall not be changed or cancelled until 30 days written notice has been given to OPWDD. Required insurances are:

a. A policy covering the obligations of the successful bidder in accordance with the Workers’ Compensation and Disability Law. The contract shall be void and of no effect unless the successful bidder procures such policy and maintains it during the period of the contract. The Workers Compensation Board website can be found here: www.wcb.ny.gov/

b. Policies covering bodily injury, liability and property damage of the types hereinafter specified, each with limits of liability not less than $1,000,000.00 for all damages arising out of bodily injury, including death at any time resulting there from, sustained by one person in any one accident, and subject to that limit for that person, and not less than $2,000,000.00 for all damages arising out of bodily injury, including death at any time resulting there from, sustained by two or more persons in any accident and not less than $2,000,000.00 for all damages arising out of injury or destruction of property.

i. Contractor's liability insurance issued to and covering the liability of the successful bidder with respect to all work performed by them under the proposal and the contract.

ii. Protective liability insurance issued to and covering the liability of the people of the State of New York with respect to all operations under this proposal and the contract, by the successful bidder, including omissions and supervisory acts of the State.

B. References – All bidders must submit at least three (3) references that will verify that the bidder or its principals have at least two (2) years of relevant experience to complete the work as listed in the Scope of Work.

3. OPWDD TERMS AND CONDITIONS:

A. Preparation and Submission of Quotes

1) Contractors requiring additional information in order to provide quotes should submit their questions in writing to the Primary Designated Contact and eny.nyc.li.contracthub@opwdd.ny.gov.

2) OPWDD will not be held liable for any cost incurred by the Contractor for work performed in the preparation of a response to this RFQ or for any work performed prior to the formal execution of a Contract.

3) Quotes submitted in response to this RFQ should be complete and timely. A Contractor is strongly encouraged to arrange for delivery of RFQ responses prior to the date of the RFQ Due Date. Late RFQ responses may be rejected. The received time of a RFQ response will be determined by the Designated Contact.

4) All Contractor responses to this RFQ must remain valid for at least 120 days from the RFQ Due Date, unless the time for selecting the candidate is extended by mutual consent of OPWDD and the Contractor.

5) All quotes and accompanying documentation become the property of OPWDD and ordinarily will not be returned.

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B. OPWDD Rights

1) OPWDD reserves the right to use any and all ideas presented in any response to the RFQ. Selection or rejection of any proposal does not affect this right. OPWDD shall also have unlimited rights to disclose or duplicate, for any purpose whatsoever, all information or other work product developed, derived, documented, or furnished by the Bidder under any agreement resulting from this RFQ.

2) In the event of contract award, all documentation produced as part of the contract will become the exclusive property of OPWDD. OPWDD reserves a royalty free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use such documentation and to authorize others to do so.

3) OPWDD reserves the right to:

a. Reject any or all proposals received in response to this RFQ (Request for Quote);

b. Withdraw the RFQ at any time, at the agency’s sole discretion;

c. Make an award under the RFQ in whole or in part;

d. Disqualify any Bidder whose conduct or proposal fails to conform to the requirements of this RFQ.

Selection may also include such issues as past performance;

e. Seek clarifications and revisions of proposals;

f. Use proposal information obtained through site visits, management interviews and the State’s investigation of a bidder’s qualifications, experience, ability or financial standing, and any material or information submitted by the bidder in response to the agency’s request for clarifying information in the course of evaluation and/or selection under the RFQ;

g. Bidders are cautioned to verify their quotes before submission, as amendments to quotes or requests for withdrawal of quotes received by the Commissioner after the time specified for the RFQ Due Date may not be considered;

h. Prior to the RFQ Due Date, amend the RFQ specifications to correct errors or oversights, or to supply additional information, as it becomes available;

i. Prior to the RFQ Due Date, direct bidders to submit proposal modifications addressing subsequent RFQ amendments;

j. Change any of the scheduled dates, including start dates, stated herein upon notice to the Bidders;

k. Eliminate any mandatory, non-material specifications that cannot be complied with by all of the prospective bidders;

l. Waive any requirements that are not material;

m. Accept and consider for contract award quotes with non-material quote deviations or non-material quote defects such as errors, technicalities, irregularities, or omissions;

n. Negotiate with the successful bidder within the scope of the RFQ in the best interests of the state;

o. Conduct contract negotiations with the next responsible bidder, should the agency be unsuccessful in negotiating with the selected bidder;

p. Utilize any and all ideas submitted in the proposals received;

q. Unless otherwise specified in the solicitation, every offer is firm and not revocable for a period of 120 days from the RFQ Due Date; and,

r. Require clarification at any time during the procurement process and/or require correction of arithmetic or other apparent errors for the purpose of assuring a full and complete understanding of a bidders proposal and/or to determine a bidders compliance with the requirements of the solicitation.

C. Public Information Requirements / Confidentiality / Publication Rights

1) All the proposals upon submission will become the property of OPWDD. Materials / documents produced by the Contractor in the fulfillment of its obligations under contract with OPWDD become the property of OPWDD unless prior arrangements have been made with respect to specific documents.

2) OPWDD will have the right to disclose all or any part of a proposal to public inspection based on its determination of what disclosure will serve the public interest. Upon approval of the contract by OSC, all terms of the contract become available to the public.

3) Prospective Bidders are further advised that, except for trade secrets and certain personnel information (both of which OPWDD has reserved the right to disclose), all parts of proposals must ultimately be disclosed to those members of the general public making inquiry under the New York State Freedom of Information Law

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(NYS Public Officers Law article 6) although proposal contents cannot ordinarily be disclosed by OPWDD prior to bid award.

a. Should a Bidder wish to request exception from public access to information contained in its proposal, the

Bidder must specifically identify the information and explain in detail why public access to the information would be harmful to the Bidder. Use of generic trade secret legends encompassing substantial portions of the proposal or simple assertions of trade secret interest without substantive explanation of the basis therefore will be regarded as non-responsive requests for exception from public access will not be considered by OPWDD in the event of a Freedom of Information request for proposal information is received.

4) The bidder and OPWDD agree that all communications, until the effective date of the contract, shall be made in confidence, shall be used only for purposes of the contract, and that no information shall be disclosed by the recipient party except as required by Federal or State law.

5) The bidder shall treat all information, in particular information relating to OPWDD service recipients and providers, obtained by it through its performance under contract, as confidential information, to the extent that confidential treatment is provided under New York State and Federal law, and shall not use any information so obtained in any manner except as necessary to the proper discharge of its obligations and securement of its rights hereunder. Bidder is responsible for informing its employees of the confidentiality requirements of this agreement.

6) The Contractor may not utilize any information obtained via interaction with OPWDD in any public medium

(media-radio, television), (electronic-internet), (print-newspaper, policy paper, journal/ periodical, book, etc.)

or public speaking engagement without the official prior approval of OPWDD Senior Management.

Contractors bear the responsibility to uphold these standards rigidly and to require compliance by their employees and subcontractors. Requests for exemption to this policy shall be made in writing, at least 14 days in advance, to OPWDD Contract Management Unit, 44 Holland Avenue (3rd Floor), Albany, New York 12229.

7) The Contractor agrees that no brochure, news/media/press release, public announcement, memorandum, or other information of any kind regarding the Contract shall be disseminated in any way to the public, nor shall any presentation be given regarding the Contract without the prior written approval of the OPWDD, which written approval shall not be unreasonably withheld or delayed provided, however, that Contractor shall be authorized to provide copies of the Contract and answer any questions relating thereto to any State or federal regulators or, in connection with its financial activities, to financial institutions for any private or public offering.

D. Affirmative Action

1) OPWDD is in full accord with the aims and effort of the State of New York to promote equal opportunity for all persons and to promote equality of economic opportunity for minority group members and women who own business enterprises, and to ensure there are no barriers, through active programs, that unreasonably impair access by Minority and Women-Owned Business Enterprises (M/WBE) to State contracting opportunities.

OPWDD encourages business that are minority or woman owned, to become certified with Empire State Development.

2) Prospective Bidders to this RFQ are subject to the provisions of Executive Law article 15-A and regulations issued there under.

3) Any contract in the amount of $25,000 or more which is awarded as a result of this RFQ will be subject to all applicable State and Federal regulations, laws, executive orders and policies regarding affirmative action and equal employment opportunities.

4) All awardees are required to comply with OPWDD’s Minority and Woman-Owned Business Enterprises

(M/WBE) policy. For details on requirements and procedures, including documentation required for this solicitation, please refer to the Appendix A-Supplement as found in the attached Sample Contract Template.

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E. Prime Contractor’s Responsibility

In the event the selected Bidder’s proposal includes services provided by another firm, it shall be mandatory for the selected Bidder to assume full responsibility for the delivery for such items offered in the proposal. In any event, OPWDD will contract only with a Bidder, not the Bidder’s financing institution or subcontractors. OPWDD reserves the right to review and approve all potential subcontractors. For subcontracts valued at $100,000 and over, the subcontractors must demonstrate financial integrity and stability. In these instances, the subcontractor must complete and execute a Vendor Responsibility Questionnaire. OPWDD shall consider the selected Bidder to be the sole responsible contact with regard to all provisions of the contract resulting from this RFQ. No subcontracting of services is allowed with this RFQ without written permission of OPWDD.

F. Public Officer’s Law Requirements

All Bidders and their employees must be aware of and comply with the requirements of the New York State Public Officers Law, and all other appropriate provisions of New York State Law and all resultant codes, rules and regulations from State laws establishing the standards for business and professional activities of State employees and governing the conduct of employees of firms, associations and corporations in business with the State, and for applicable Federal laws and regulations of similar intent. In signing the proposal, each Bidder guarantees knowledge and full compliance with those provisions for any dealings, transactions, sales, contracts, services, offers, relationships, etc. involving the State and/or State employees. Failure to comply with those provisions may result in disqualification from the bidding process and in other civil or criminal proceedings as may be required or permitted by law. Public Officers’ Law § 73 bars former State officers and employees from appearing, practicing, or rendering any services for compensation in relation to any matter before their former State agency for a period of two years from their date of termination. Additionally, there is a permanent bar against any such activity before any state agency in relation to any case, application, proceeding or transaction with which such officer or employee was directly concerned and personally participated, or which was under his/her active consideration.

G. Omnibus Procurement Act

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 is available from the Department of Economic Development, Division for Small Business, Albany, New York 12245, Tel. 518.292.5100, Fax:

518.292.5884, email: opa@esd.ny.gov.

A directory of certified minority and women-owned business enterprises is available from the NYS Department of Economic Development, Minority and Women's Business Development Division, 633 Third Avenue, New York, New York 10017, Tel. 212.803.2414, email: mwbecertification@esd.ny.gov website: http://esd.ny.gov/MWBE/directorySearch.html

H. Contract Execution

Awards are not final, and the resultant contract is not considered executed and binding until approved by the New York State’s Attorney General and Office of State Comptroller (OSC).

I. Vendor Responsibility Questionnaire

State agencies are required under State Finance Law § 163 (3) (a) (ii), to ensure that contracts are awarded to responsible vendors. Such requirements include, but are not limited to, the Bidder’s qualifications, financial stability, and integrity. The Vendor Responsibility Questionnaire is required for contracts $100,000 and over.

OPWDD will require a complete Vendor Responsibility Questionnaire with your bid proposal if the contract resulting from this procurement is valued at $100,000 and over. Vendors/not-for-profit provider agencies are able to file the Vendor Responsibility Questionnaire (VRQ) online via the New York State VendRep System or may choose to complete and submit a paper questionnaire. To enroll in and use the New York State VendRep System, see the www.osc.state.ny.us/vendrep.

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J. Health Information Portability and Accountability Act (HIPAA)

The Federal Department of Health and Human Services (HHS) established HIPAA Standards for Privacy of Individually Identifiable Health Information (The Privacy Rule). The Privacy Rule (45 CFR Part 160 and Subparts A and E of Part 164) provides the first comprehensive federal protection for the privacy of health information. The Privacy Rule is carefully balanced to provide strong privacy protections that do not interfere with patient access to, or the quality of, health care delivery. HIPAA has an impact upon how OPWDD and contractors will deal with protected health information of our consumers. Likewise, State Mental Hygiene Law § 33.13 requires disclosure of clinical records to be limited to that information necessary for health care providers to administer treatment.

K. General Duties and Additional Responsibilities

Maintain a level of cooperation with OPWDD necessary for the proper performance of all contractual responsibilities. Agree that no aspect of bidder performance under the Agreement will be contingent upon State personnel, or the availability of State resources, with the exception of all proposed actions of the bidder specifically identified in the Agreement as requiring OPWDD’s approval, policy decisions, policy approvals, exceptions stated in the Agreement or the normal cooperation which can be expected in such a contractual relationship or the equipment agreed to by OPWDD as available for the project completion. Cooperate fully with any other contractor that may be engaged by OPWDD. Agree to meet periodically with OPWDD representatives to resolve issues and problems. Recognize and agree that any and all work performed outside the scope of the Agreement or without consent of OPWDD shall be deemed by OPWDD to be gratuitous and not subject to charge by the bidder.

L. NYS Information Security Breach and Notification Act (NYS Technology Law, § 208)

“Contractor shall comply with the provisions of New York State Information Security Breach and Notification Act (General Business Law § 889-aa; State Technology Law § 208). Contractor’s negligent or willful acts or omissions, or the negligent or willful acts or omissions of Contractor’s agents, officers, employees, or subcontractors.”

The “New York State Information Security Breach and Notification Act” requires entities that conduct business with New York State and own or license “private” data to notify state residents affected by any security breach that results in unauthorized acquisition of the data. “Private” data is defined as unencrypted computerized information that can identify the individual, combined with one of the following data elements: (a) social security number, (b) driver’s license or non-driver identification number” or (c) financial account information such as credit card or debit cards numbers in combination with access codes or PIN numbers. (Private data is considered unencrypted when either identifying information or the data element is not encrypted or is encrypted with a key that has been acquired).

The Act authorizes the State Attorney General to sue a business violating the statute in order to recover damages for actual costs or losses, including consequential financial losses incurred by persons entitled to notification. If a business engages in knowing or reckless violations, the court can impose a civil penalty of the greater of $5,000 or $10 per instance of failed notification up to $150,000. The remedies provided by this section shall be addition to any lawful remedy available, possibly permitting private actions.

M. Nondiscrimination in Employment in Northern Ireland: MacBride Fair Employment Principles

In accordance with State Finance Law § 165, the bidder, by submission of this quote, certifies that it or any individual or legal entity in which the bidder holds a 10% or greater ownership interest, or any individual or legal entity that holds a 10% or greater ownership in the bidder interest has no business operations in Northern Ireland.

If the bidder or any of its aforementioned affiliations has business operations in Northern Ireland, then they shall take lawful steps in good faith to conduct any business operations that it has in Northern Ireland in accordance with the MacBride Fair Employment Principles relating to nondiscrimination in employment and freedom of workplace opportunity regarding such operations in Northern Ireland, and shall permit independent monitoring of their compliance with such Principles.

N. Bidder’s Certification of Compliance with State Finance Law § 139-k (5)

In accordance with New York State Finance Law § 139-k (5), the bidder, by submission of this quote, certifies that they are subject to the provisions of State Finance Law §§ 139-k and 139-j and all information provided to OPWDD with respect to State Finance Law § 139-k is complete, true, and accurate.

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O. Bidder’s Affirmation of Understanding and Agreement pursuant to State Finance Law § 139-j (3) and § 139-j (6)(b)

The Bidder, by submission of this quote, certifies that it understands and agrees to comply with the procedures of OPWDD as it relates to permissible contracts as required by State Finance Law 139-j (3) and 139-j (6)(b).

P. Bidder Disclosure of Prior Non-Responsibility Determinations

New York State Finance Law § 139-k (2) obligates the Office for People With Developmental Disabilities (OPWDD) to obtain specific information regarding prior non-responsibility determinations with respect to State Finance Law §139-j. This information must be collected in addition to the information that is separately obtained pursuant to State Finance Law §163(9). In accordance with State Finance Law § 139-k, bidders must disclose whether there has been a finding of non-responsibility made within the previous four (4) years by any Governmental Entity due to: (a) a violation of State Finance Law § 139-j or (b) the intentional provision of false or incomplete information to a Governmental Entity. State Finance Law § 139-j sets forth detailed requirements about the restrictions on contacts during the procurement process. A violation of State Finance Law §139-j includes, but is not limited to, an impermissible contact during the restricted period (e.g., contacting a person or entity other than the designated contact person(s), when such contact does not fall within one of the exemptions).

As part of its responsibility determination, State Finance Law § 139-k (3) mandates consideration of whether a bidder fails to timely disclose accurate or complete information regarding the above non-responsibility determination. In accordance with law, no Procurement Contract shall be awarded to any bidder that fails to timely disclose accurate or complete information under this section, unless a finding is made that the award of the Procurement Contract to the bidder is necessary to protect public property or public health safety, and that the bidder is the only source capable of supplying the required Article of Procurement within the necessary timeframe.

The bidder, by submission of its quote, certifies that no government entity has made a finding of non-responsibility regarding the individual or entity seeking to enter into this procurement contract. If the individual or entity has had a finding of non-responsibility due to a violation of State Finance Law 139-j or due to the intentional provision of false or incomplete information submitted to a government entity, then the said individual or entity must provide a detailed statement regarding the finding.

Additionally, the bidder by submission of its quote, certifies that no government entity has ever terminated or withheld a procurement contract from the individual or entity seeking to enter into this procurement contract due to the intentional provision of false or incomplete information. If the individual or entity has been terminated or withheld from a procurement contract, then said individual or entity must provide a detailed statement regarding the finding.

Q. Non‐Collusive Bidding Certification

In accordance with State Finance Law § 139‐d, the bidder by submission of this quote certifies that they and each person signing on behalf of the bidder certifies, and in the case of joint proposal, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his knowledge and belief:

1. The prices in this proposal have been arrived at independently, without collusion, consultation, communication, or agreement, for the purposes of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor, and

2. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and

3. No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a proposal for the purpose of restricting competition.

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R. Public Officers Law Certification

In accordance with Public Officers Law § 73(4)(a)(i) no State employees shall sell any goods or services having a value in excess of twenty-five dollars to any State agency, unless such goods and services are provided pursuant to an award or contract letter after public notice and competitive bidding.

By submission of this quote, the bidder certifies that no employee, owner or individual otherwise associated with the bidder was ever a New York State officer or employee, or if they were ever or currently a New York…