RFQ Document 45-66 169th Street Supply Install Windows - Project # 2124718.pdf

NYS-Office for People with Developmental Disabilities

│www.opwdd.ny.gov |

KATHY HOCHUL

Governor

WILLOW BAER

Commissioner

July 22, 2025

PROJECT: Supply & Install Windows

45-66 169th Street Flushing NY 11366

NYSCR # 2124718

Dear Vendor:

Enclosed is a request for quotation (RFQ) to perform the attached scope of work. The mandatory site visit will be held at 12:00 P.M. on Tuesday, August 5, 2025, at the above address. Attendance will be recorded. Please be sure to sign the sign in sheet (provided by the Maintenance staff conducting the site visit). The sign in sheet is a separate entity from the residence and/or campus visitor’s log. When signing in, be sure to check the project name listed on the sign in sheet to ensure you are recording your attendance correctly. Failure to do so may cause you to be ineligible to submit a quote.

There are no exceptions. Please write clearly for corresponding purposes and make sure you include an email address and phone number where you can be reached. Late arrivers at the site visit may not be allowed to sign in, participate, nor submit a quote for this project. If you are unable to attend, you will not be allowed to schedule a site visit at a later time.

Post Mandatory Site Visit (Q&A):

Please note, vendors must remain for the mandatory site visit in its entirety in order to ask questions regarding the specifications of this project. Leaving the site visit early will cause you to be ineligible to submit a quote. In the event modifications are made to the project scope of work, the modifications will be sent in email to all in attendance. Any vendor questions not asked during the site visit must be submitted in writing to: Brooklyn.CMM.Bids@opwdd.ny.gov (within two business days of the site visit: August 7, 2025). Both questions and answers (if any) will be provided to all who attend the site visit via email by: August 11, 2025.

Point of Contact:

Maintenance: Michael Ricca- (718) 722-6793 / 929-204-0103

Business Office: Email- Brooklyn.CMM.Bids@opwdd.ny.gov mailto:Brooklyn.CMM.Bids@opwdd.ny.gov

Method of Award:

This is an RFQ (request for quotes). This is not an IFB (bid). The Bernard Fineson DDSOO intends to award the contract to the most responsible and responsive vendor that provides the lowest cost and meets the requirements detailed in the scope of work. Upon request, vendor must demonstrate relevant experience on prior projects of similar magnitude and is subject to vendor responsibility determination. Bernard Fineson DDSOO reserves the right to reject any and all quotes. In deciding whether to or not to submit a quote, please be aware the awarded vendor must adhere to the time frames outlined in the scope of work. The awarded vendor will also be required to submit certificates of Liability Insurance and Worker’s Compensation Insurance as well as completed Lobbying Law Forms, and Signed Appendix A.

Please be prepared to submit these in a timely fashion. The Bernard Fineson DDSOO will make no concessions to the vendor for any alleged misunderstanding or deception because of quantity, quality, character, or other condition. The Bernard Fineson DDSOO’s interpretation of specifications shall be final and binding. Please note all staff working at the project site may be required to sign an attendance sheet for record purposes. This includes the residence visitors log and/or an attendance sheet provided by the maintenance department.

General Conditions:

If in the judgment of the Bernard Fineson DDSOO, the contractor fails or refuses to prosecute the work in accordance with the contract or is failing to complete the work within the time provided by the contract, the Bernard Fineson DDSOO may terminate the contract by written notice.

If it is determined after the award of the contract that there exists any cause of so serious or compelling a nature, including but not limited to, submission to a contracting agency of a false or misleading statement on a NYS Vendor Responsibility Questionnaire, or in some other form in connection with a bid for or award of this or any other contract or a request for approval of a subcontractor, that it raises questions about the present responsibility of a contractor or subcontractor, the Bernard Fineson DDSOO may terminate the contract by written notice.

Whether or not the right to terminate is exercised, the contractor shall be liable for any damage to the State resulting from the failure or refusal to complete the work in accordance with the contract or the failure to complete the work within the time provided by the contract. If the State terminates the contract by written notice, the State will withhold the balance of the contract price and seek further compensation if deemed necessary to ensure project completion.

NYS Insurance Requirements and Invoicing:

- Current Certificate of Workers’ Compensation Insurance- For all transactions where vendor is employing staff in NYS. Exemptions may be filed using form CE-200. We cannot accept the ACORD 25 for this coverage, we will need form C105.2 or U26.3

- Current Certificate of Liability Insurance- General Liability Coverage (ACORD document or similar is accepted) with the agency and work location listed as the certificate holder.

- Automobile Insurance- For all transactions where vendor is required to bring their vehicles onto the agency property and/or be used during the service (typically part of the above ACORD document or similar)

- Disability Coverage- For all transactions where vendor is employing staff in NYS. Exemptions may be filed using form CE-200. We cannot accept the ACORD 25 for this coverage, we will need a DB120.1

- Invoices are to be submitted no later than 30 days from the completion of the project. Invoice must indicate:

PO# OPD01-, Unit ID#3660231 and type of service rendered.

- Email a pdf copy of your invoice, BSC Invoice Submission Form and supporting documentation to the BSC at:

accountspayable@ogs.ny.gov with the following subject field: Contractor Name, OPWDD, Unit ID # 3660231 and Invoice #

- The state of New York may require the Contractor to submit billing invoices electronically. E-Invoicing information may be found at: https://bsc.ogs.ny.gov/nys-vendors

- The Bernard Fineson DDSO Business Office shall pay invoices submitted by the Contractor within thirty (30) calendar days (excluding legal holidays) from confirmation of services by the designated payment office, in accordance with New York State Finance Law Article 11-A. 15-Day prompt payments for Small Businesses.

These payments may be adjusted by the Bernard Fineson DDSO Business Office to reflect only those expenditures that were made in accordance with the quote.

Bernard Fineson DDSOO will not provide any awardee with a tax exemption certificate. For more information regarding ST 120.1 and business tax exemptions, you can reach NYS Taxation and Finance at (518) 485-2889

For more information on Doing Business with NYS please visit:

https://ogs.ny.gov/system/files/documents/2024/07/doing_business_with_nys_07-03-24.pdf

NYS Labor Law 220-i Registration Required for all Article 8 Contractors:

Effective December 30, 2024, in order to be qualified to work on public works projects covered by Article 8 of the Labor Law, all contractors (including subcontractors) must be registered with the New York State Department of Labor (NYSDOL) in accordance with Labor Law § 220-i. Contractors must be registered before submitting a bid. In addition, contractors must be registered prior to commencing any new work. When submitting a quote for Article 8 public work contracts, vendors must provide their NYSDOL registration number in the designated space on the quote proposal form.

Failure to provide a valid and verifiable registration from the NYSDOL Registry at the time of submission will result in disqualification of the quote. For more information and instructions on how to become registered, please visit the NYS Department of Labor website at: Contractor and Subcontractor Landing | Department of Labor

Need More Help?

Please review the frequently asked questions on the NYSDOL website that have been created to provide additional support: Frequently Asked Questions for NYSDOL Contractor Registry | Department of Labor. For any additional questions regarding the Contractor Registry process, please reach out to the Bureau of Public Work and Prevailing Wage at 518-457-5589 or send an email to: labor.sm.pwask@labor.ny.gov

Prevailing Wages and Certified Payroll:

This is a NYS Public Works project; prevailing wages must be paid. The NYS Department of Labor PRC number for this project is 2025009132. NYS Labor law requires that all contracted employees performing maintenance, repairs or capital improvements in state owned buildings receive the prevailing wage and supplements rate for the occupation in which they are working. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, contractor must pay at least the prevailing wage rate or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. NYS law requires the vendor to keep detailed records for each person employed including name, address, https://ogs.ny.gov/system/files/documents/2024/07/doing_business_with_nys_07-03-24.pdf https://dol.ny.gov/contractor-and-subcontractor-landing https://dol.ny.gov/frequently-asked-questions-nysdol-contractor-registry mailto:labor.sm.pwask@labor.ny.gov telephone number, social security number, occupational classification in which worked, hourly wage rate paid, supplements provided, number of hours worked, and actual wages paid. Certified payroll record/s MUST be submitted at the time of invoicing. Effective April 28, 2008, if this is a public work contract covered by Article 8 of the Labor Law, the contractor understands and agrees that the filing of payrolls in a manner consistent with Subdivision 3-a of Section 220 of the Labor Law shall be a condition precedent to payment by the State of any State approved sums due and owing for work done upon the project. Without submittal of certified payroll record/s, payment will not be made.

*If you need any assistance understanding prevailing wages, please contact NYS DOL at (212) 932-2419*

Subcontracting:

If subcontractors are used, they must be pre-approved by the Bernard Fineson DDSO Business Office.

Submission of Quote:

Attached to this document is a quote proposal form. Please complete this form in its entirety and attach a detailed cost breakdown (see provided spreadsheet). All quotes must be submitted via email (see below) to the Brooklyn DDSOO Business Office by 2:30 PM on August 25, 2025. Please check your submission for arithmetic errors. Where applicable, tabulation of quotes will be posted to the listing on NYS Contract Reporter along with the award and/or may be requested by email.

If using company letterhead, quote should be made out to:

NYS OPWDD- Bernard Fineson DDSO 85-45 Winchester Blvd Queens Village, NY 11428 Attn: Business Office Procurement EMAIL: Brooklyn.CMM.Bids@opwdd.ny.gov mailto:Brooklyn.CMM.Bids@opwdd.ny.gov

PROJECT SCOPE

Authored by Michael Ricca July 21, 2025.

DESCRIPTION: Supply and Install Anderson 100 Series Single Hung Replacement Windows

Anderson 100 Series Single Hung Replacement Window Installation. The Vendor to supply and install all Materials and Labor to complete the work in a professional manner according to scope of work and architectural drawings if supplied. Work is to be completed within 14 days of award, unless modified below.

This is a NYS Public Works project and prevailing wages are to be paid. Refer to attached specification for the following scope of work. Site must be cleaned, and all materials secured at the end of each work day.

Absolutely no scraps, especially fasteners, are to be left unsecured. Upon completion of Window installation, contractor is to schedule a quality control and quality assurance inspection with Plant Superintendent.

Important: This NYS/OPWDD residential home is and will be occupied during construction work. All provisions must be made to minimize disruption and keep the home safe for occupants. No egress routes shall be blocked at any time.

Materials and debris must be protected for safety. Contractor must comply with all applicable NYS codes.

SCOPE OF WORK: Includes, but is not necessarily limited to the following:

1 Provide proper dust protection at all areas where work is to be performed. The protective barrier shall be a minimum 3 mil vapor barrier taped and properly supported to prevent dust from entering non-work areas of the home. All smoke detectors shall be properly covered and protected from dust at the start of work and removed at the end of each workday.

2 Supply and install Anderson 100 series single hung windows throughout the entire home.

3 Remove each window and prepare area to receive new Anderson 100 series windows or equal, No

Vinyl Windows to be accepted.

4 Work is to include all patching and repairing of all walls inside and out for each window worked on.

5 Replace all moldings and trim with new on every window installed, ensure no gaps or cracks left.

6 Supply and install new outdoor capping in a through neat fashion on all new windows installed.

7 Contractor is to use their means and methods to ensure a neat, clean through job with complete finish.

Facility: Bernard Fineson DDSO 80-45 Winchester Blvd., Queens Village, NY,11427

Facility Address: GH (09) 45-66. 169th Street, Flushing NY, 11411 NY, 11366.

Hostel # (9980)

Point of Contact: Michael Ricca

Contact Phone Number: Office: 718-722-6793

Project Title: Supply & Install New Anderson Single Hung Replacement Windows Throughout the House.

Summary of Work: Remove Old Windows Supply and Install New Anderson 100 Series Single Hung Windows, 8 Color of Windows to be chosen with winning bidder.

9 All work is to strictly conform to NYS building codes.

10 Ensure each window installed is airtight with no leaks or drafts seeping through.

11 Move and relocate furniture back to original location as required for new Window installation.

12 All new Window installations shall meet or exceed manufacturers specifications for a thorough job.

13 All new molding for the inside of the homes new windows shall be supplied, installed and be neat.

14 New Windows to come with a 3-year warranty from the vendor who wins the bid.

15 An exact count of all the windows to be replaced will take place at the site visit and recorded for accuracy.

16 All project related debris to be cleaned daily and home must be left in a neat livable fashion until completion of work.

GENERAL REQUIREMENTS:

Bid price is to include all materials, labor, disposal of materials fees and site clean-up. Final acceptance of completed job will be provided by the appropriate Maintenance Supervisor.

Work is to be done between the hours of 9 am and 4 pm, Monday through Friday. Contractor is advised that this is an occupied home and may be occupied during these times.

All tools must be controlled always. Debris, tools, and materials secured and stored at the end of each workday.

Any unforeseen conditions that may alter the established price are to be reported to the Plant Superintendent listed above immediately upon discovery.

Smoking is prohibited by contractors at all residential and program sites owned by OPWDD.

Prior to the commencement of the work, there shall be a meeting with BFDDSO Operations and Maintenance staff to discuss specific safety requirements needed to be adhered to during the work period.

Safety Data Sheets as applicable will be provided to the Plant Superintendent prior to the start of work and a copy maintained at the property.

All applicable environmental testing associated with this work will be provided to the contractor prior to start of work.

SITE VISIT

A site visit is mandatory. The site visit date is scheduled for, Tuesday August 5th, 2025, at 12:00 pm at the project site. All prospective bidders are encouraged to attend.

Lawn Damage/Property Damage:

If the delivery of materials or any other work necessitates the contractor, his suppliers, or sub-contractors to drive on the lawn for ANY reason, the contractor shall be held responsible for the repair of the lawn.

Personal vehicles are not to be parked on the grass.

Any property damage caused by work performed is to be corrected to the condition existing prior to start of the job.

Continuity of Work/Communication/Scheduling:

Once the job has begun, it is to be worked on continuously until completed.

If there are any delays, even if due to inclement weather, a Work Control Representative MUST be contacted.

Work must be completed within 14 days of receiving the purchase order.

House Safety:

The residence will be occupied during the job.

The contractor must take all reasonable care to safeguard the residents and the staff.

The contractor shall ensure all tools, materials and other items are picked up, removed or stored and are safely secured at the end of each workday.

Any ladders, scaffolding or lifts used in conjunction with this job are to be stored to the satisfaction of the House Director at the end of the day.

The work as indicated above shall be scheduled as not to interfered with other functions of the residence.

All work performed as part of this job is to be coordinated with the House Director and Plant Superintendent listed above.

KATHY HOCHUL

Governor

WILLOW BAER

Commissioner

Quote Proposal Form

Instruction: This is a fillable form to submit your quote/proposal. Please be sure to include a detailed breakdown (materials, equipment, and overhead/profit) of your total proposed amount. The materials and/or equipment must be in accordance with the project specifications provided. Signature is required.

Method of Award: This project will be awarded to the most responsible and responsive vendor that meets the requirements detailed in the scope of work. Only proposals judged to be responsive to the submission requirements set forth in the RFQ will be evaluated. OPWDD reserves the right to reject any and all quotes.

Today’s Date:

Project Number:

Total Cost:

Legal Business Entity Name:

Additional Legal Business Entity Identities:

Company Address:

Name of Person Submitting Quote:

Official Title of Person Submitting Quote:

Phone Number:

Email Address:

Federal I.D. Number:

Website:

SFS Vendor Identification Number:

NYS DOL Registration Number:

Check box if your business is certified as (do not check the below if you’re certification is with NYC or

NYS pending):

NYS Minority Owned Business Entity (MWBE)

NYS Women Owned Business Entity (WBE)

NYS Small Business (fewer than 100 employees and is independently owned and operated)

NYS Service-Disabled Veteran Owned Business (SDVOB)

Subcontractor Information (if applicable):

Check this box if you will be using a subcontractor

Company: ______________________________

Contact Person: __________________________

Address: _________________________________

Phone Number: ____________________________

X Signature of person submitting quote

By signing this form, you agree to the terms set forth in the RFQ letter provided and the project specs.

Vendor Questionnaire

1. Have you ever worked for a government entity? If yes, which one, please provide contact information.

2. Have you ever done this type of project for a government entity? If yes, which one, please provide contact information.

3. Have you ever worked for OPWDD? If yes, which one, please provide contact information.

4. What percentage of the projects for government entities have you completed on time?

5. Can you read and understand architectural blueprints and drawings?

6. Have you ever been rejected or removed from a project or repairs for reasons other than lack of funding or cancelation by the State.

7. How long have you been doing this type of work?

8. When was the last time your company completed a project of this type?

No-Quote Form

Vendors choosing not to submit a quote are requested to complete and return only this form.

We do not provide the requested services

We are unable to submit a quote at this time

(Vendor Name)

(Signature)

(Print Name)

(Email Address)

(Date)

(Title)

(Contact Number)

June 2023

APPENDIX A

STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS

PLEASE RETAIN THIS DOCUMENT

FOR FUTURE REFERENCE.

STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A

Page 2 June 2023

TABLE OF CONTENTS

Page

1. Executory Clause 3

2. Non-Assignment Clause 3

3. Comptroller’s Approval 3

4. Workers’ Compensation Benefits 3

5. Non-Discrimination Requirements 3

6. Wage and Hours Provisions 3-4

7. Non-Collusive Bidding Certification 4

8. International Boycott Prohibition 4

9. Set-Off Rights 4

10. Records 4

11. Identifying Information and Privacy Notification 4

12. Equal Employment Opportunities For Minorities and Women 5

13. Conflicting Terms 5

14. Governing Law 5

15. Late Payment 5

16. No Arbitration 5

17. Service of Process 5

18. Prohibition on Purchase of Tropical Hardwoods 5-6

19. MacBride Fair Employment Principles 6

20. Omnibus Procurement Act of 1992 6

21. Reciprocity and Sanctions Provisions 6

22. Compliance with Breach Notification and Data Security Laws 6

23. Compliance with Consultant Disclosure Law 6

24. Procurement Lobbying 7

25. Certification of Registration to Collect Sales and Compensating Use Tax by Certain 7

State Contractors, Affiliates and Subcontractors

26. Iran Divestment Act 7

27. Admissibility of Contract 7

Page 3 June 2023

STANDARD CLAUSES FOR NYS CONTRACTS

The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, “the contract” or

“this contract”) agree to be bound by the following clauses which are hereby made a part of the contract (the word

“Contractor” herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party):

1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract.

2. NON-ASSIGNMENT CLAUSE. In accordance with

Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the State’s previous written consent, and attempts to do so are null and void. Notwithstanding the foregoing, such prior written consent of an assignment of a contract let pursuant to

Article XI of the State Finance Law may be waived at the discretion of the contracting agency and with the concurrence of the State Comptroller where the original contract was subject to the State Comptroller’s approval, where the assignment is due to a reorganization, merger or consolidation of the

Contractor’s business entity or enterprise. The State retains its right to approve an assignment and to require that any

Contractor demonstrate its responsibility to do business with the State. The Contractor may, however, assign its right to receive payments without the State’s prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law.

3. COMPTROLLER’S APPROVAL. In accordance with

Section 112 of the State Finance Law, if this contract exceeds

$50,000 (or $75,000 for State University of New York or City

University of New York contracts for goods, services, construction and printing, and $150,000 for State University

Health Care Facilities) or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $25,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office.

Comptroller’s approval of contracts let by the Office of General

Services, either for itself or its customer agencies by the Office of General Services Business Services Center, is required when such contracts exceed $85,000. Comptroller’s approval of contracts established as centralized contracts through the Office of General Services is required when such contracts exceed

$125,000, and when a purchase order or other procurement transaction issued under such centralized contract exceeds

$200,000.

4. WORKERS’ COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the

Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers’ Compensation

Law.

5. NON-DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the

Contractor will not discriminate against any employee or applicant for employment, nor subject any individual to harassment, because of age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or domestic violence victim status or because the individual has opposed any practices forbidden under the

Human Rights Law or has filed a complaint, testified, or assisted in any proceeding under the Human Rights Law.

Furthermore, in accordance with Section 220-e of the Labor

Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any

New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract.

If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York

State citizen who is qualified and available to perform the work;

or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation.

6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither

Contractor’s employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor

Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in

Page 4 June 2023 accordance with the Labor Law. Additionally, effective April

28, 2008, if this is a public work contract covered by Article 8 of the Labor Law, the Contractor understands and agrees that the filing of payrolls in a manner consistent with Subdivision 3-a of Section 220 of the Labor Law shall be a condition precedent to payment by the State of any State approved sums due and owing for work done upon the project.

7. NON-COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139-d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non-collusive bidding certification on Contractor’s behalf.

8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of the Labor Law and Section

139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export

Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce

Department or any other appropriate agency of the United

States subsequent to the contract’s execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2 NYCRR § 105.4).

9. SET-OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State’s option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller.

10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, the “Records”). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State

Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the

Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the

Records which are exempt from disclosure under Section 87 of the Public Officers Law (the “Statute”) provided that: (i) the

Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State’s right to discovery in any pending or future litigation.

11. IDENTIFYING INFORMATION AND PRIVACY

NOTIFICATION. (a) Identification Number(s). Every invoice or New York State Claim for Payment submitted to a

New York State agency by a payee, for payment for the sale of goods or services or for transactions (e.g., leases, easements, licenses, etc.) related to real or personal property must include the payee’s identification number. The number is any or all of the following: (i) the payee’s Federal employer identification number, (ii) the payee’s Federal social security number, and/or

(iii) the payee’s Vendor Identification Number assigned by the

Statewide Financial System. Failure to include such number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or Claim for

Payment, must give the reason or reasons why the payee does not have such number or numbers.

(b) Privacy Notification. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law.

Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in the Statewide Financial System by the Vendor

Management Unit within the Bureau of State Expenditures, Office of the State Comptroller, 110 State Street, Albany, New

York 12236.

Page 5 June 2023

12. EQUAL EMPLOYMENT OPPORTUNITIES FOR

MINORITIES AND WOMEN. In accordance with Section

312 of the Executive Law and 5 NYCRR Part 143, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of

$25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of

$100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then the following shall apply and by signing this agreement the Contractor certifies and affirms that it is Contractor’s equal employment opportunity policy that:

(a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on State contracts and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation;

(b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor’s obligations herein; and

(c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the

State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status.

Contractor will include the provisions of “(a), (b) and (c)” above, in every subcontract over $25,000.00 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. Section 312 does not apply to: (i) work, goods or services unrelated to this contract;

or (ii) employment outside New York State. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this clause. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of

Section 312 to the extent of such duplication or conflict.

Contractor will comply with all duly promulgated and lawful rules and regulations of the Department of Economic

Development’s Division of Minority and Women’s Business

Development pertaining hereto.

13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control.

14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise.

15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article 11-A of the State Finance Law to the extent required by law.

16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York.

17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules

(“CPLR”), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested.

Service hereunder shall be complete upon Contractor’s actual receipt of process or upon the State’s receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond.

18. PROHIBITION ON PURCHASE OF TROPICAL

HARDWOODS. The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of Section 165 of the State Finance Law, (Use of

Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation. Qualification for an exemption under this

Page 6 June 2023 law will be the responsibility of the contractor to establish to meet with the approval of the State.

In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in

§ 165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State.

19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In accordance with the MacBride Fair Employment Principles

(Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern

Ireland in accordance with the MacBride Fair Employment

Principles (as described in Section 165 of the New York State

Finance Law), and shall permit independent monitoring of compliance with such principles.

20. OMNIBUS PROCUREMENT ACT OF 1992. 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:

NYS Department of Economic Development

Division for Small Business and Technology Development

625 Broadway

Albany, New York 12245

Telephone: 518-292-5100

A directory of certified minority- and women-owned business enterprises is available from:

NYS Department of Economic Development

Division of Minority and Women’s Business Development

633 Third Avenue 33rd Floor

New York, NY 10017

646-846-7364 email: mwbebusinessdev@esd.ny.gov https://ny.newnycontracts.com/FrontEnd/searchcertifieddir ectory.asp

The Omnibus Procurement Act of 1992 (Chapter 844 of the

Laws of 1992, codified in State Finance Law § 139-i and Public

Authorities Law § 2879(3)(n)–(p)) requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than $1 million:

(a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority- and women-owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State;

(b) The Contractor has complied with the Federal Equal

Opportunity Act of 1972 (P.L. 92-261), as amended;

(c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State

Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and

(d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts.

21. RECIPROCITY AND SANCTIONS PROVISIONS.

Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus

Procurement Act 1994 and 2000 amendments (Chapter 684 and

Chapter 383, respectively, codified in State Finance Law

§ 165(6) and Public Authorities Law § 2879(5)) require that they be denied contracts which they would otherwise obtain.

NOTE: As of May 2023, the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii.

22. COMPLIANCE WITH BREACH NOTIFICATION

AND DATA SECURITY LAWS. Contractor shall comply with the provisions of the New York State Information Security

Breach and Notification Act (General Business Law §§ 899-aa and 899-bb and State Technology Law § 208).

23. COMPLIANCE WITH CONSULTANT

DISCLOSURE LAW. If this is a contract for consulting services, defined for purposes of this requirement to include analysis, evaluation, research, training, data processing, computer programming, engineering, environmental, health, and mental health services, accounting, auditing, paralegal, legal or similar services, then, in accordance with Section 163

(4)(g) of the State Finance Law (as amended by Chapter 10 of the Laws of 2006), the Contractor shall timely, accurately and properly comply with the requirement to submit an annual employment report for the contract to the agency that awarded the contract, the Department of Civil Service and the State

Comptroller.

mailto:mwbebusinessdev@esd.ny.gov https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fny.newnycontracts.com%2FFrontEnd%2Fsearchcertifieddirectory.asp&data=05%7C01%7CBradley.Allen%40ogs.ny.gov%7C07e93ddbe7724c0737a408db5793a42e%7Cf46cb8ea79004d108ceb80e8c1c81ee7%7C0%7C0%7C638200063847647689%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=1QagyzmFXhFPSsIsYt57VrXQpxA4Tw6kD6PHIqJx7wM%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fny.newnycontracts.com%2FFrontEnd%2Fsearchcertifieddirectory.asp&data=05%7C01%7CBradley.Allen%40ogs.ny.gov%7C07e93ddbe7724c0737a408db5793a42e%7Cf46cb8ea79004d108ceb80e8c1c81ee7%7C0%7C0%7C638200063847647689%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=1QagyzmFXhFPSsIsYt57VrXQpxA4Tw6kD6PHIqJx7wM%3D&reserved=0

Page 7 June 2023

24. PROCUREMENT LOBBYING. To the extent this agreement is a “procurement contract” as defined by State

Finance Law §§ 139-j and 139-k, by signing this agreement the contractor certifies and affirms that all disclosures made in accordance with State Finance Law §§ 139-j and 139-k are complete, true and accurate. In the event such certification is found to be intentionally false or intentionally incomplete, the

State may terminate the agreement by providing written notification to the Contractor in accordance with the terms of the agreement.

25. CERTIFICATION OF REGISTRATION TO

COLLECT SALES AND COMPENSATING USE TAX BY

CERTAIN STATE CONTRACTORS, AFFILIATES AND

SUBCONTRACTORS.

To the extent this agreement is a contract as defined by Tax Law

§ 5-a, if the contractor fails to make the certification required by Tax Law § 5-a or if during the term of the contract, the

Department of Taxation and Finance or the covered agency, as defined by Tax Law § 5-a, discovers that the certification, made under penalty of perjury, is false, then such failure to file or false certification shall be a material breach of this contract and this contract may be terminated, by providing written notification to the Contractor in accordance with the terms of the agreement, if the covered agency determines that such action is in the best interest of the State.

26. IRAN DIVESTMENT ACT. By entering into this

Agreement, Contractor certifies in accordance with State

Finance Law § 165-a that it is not on the “Entities Determined to be Non-Responsive Bidders/Offerers pursuant to the New

York State Iran Divestment Act of 2012” (“Prohibited Entities

List”) posted at: https://ogs.ny.gov/iran-divestment-act-2012

Contractor further certifies that it will not utilize on this

Contract any subcontractor that is identified on the Prohibited

Entities List. Contractor agrees that should it seek to renew or extend this Contract, it must provide the same certification at the time the Contract is renewed or extended. Contractor also agrees that any proposed Assignee of this Contract will be required to certify that it is not on the Prohibited Entities List before the contract assignment will be approved by the State.

During the term of the Contract, should the state agency receive information that a person (as defined in State Finance Law

§ 165-a) is in violation of the above-referenced certifications, the state agency will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then the state agency shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the

Contractor in default.

The state agency reserves the right to reject any bid, request for assignment, renewal or extension for an entity that appears on the Prohibited Entities List prior to the award, assignment, renewal or extension of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the Prohibited Entities list after contract award.

27.