RFQ FL090226.pdf

OPWDD

New York State Office for People With Developmental Disabilities 2026 Temporary Fence Installation around Building 59 at the Finger Lakes

DDSOO Newark Campus in Wayne County RFQ FL 090226 Page 1 of 14

Request for Quote

RFQ NUMBER: FL 090226

RFQ Title: 2026 Temporary Fence Installation around Building 59 at the Finger Lakes DDSOO Newark Campus in Wayne County

DESIGNATED CONTACT(S)

Primary Designated Contact Information:

Kyle Newton, CMS 1 26 Center Circle Wassaic, NY 12592 845-877-6821 x 3219 jennifer.k.newton@opwdd.ny.gov

Secondary Designated Contact Information:

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

Secondary Designated Contact Information:

Felicia DeHaan, CMS 2 26 Center Circle Wassaic, NY 12592 845-877-6821 x 3344 felicia.m.dehaan@opwdd.ny.gov

Secondary Designated Contact Information:

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

KEY EVENTS

OPWDD Issues Request for Quote (RFQ) August 12, 2026

Mandatory Site Visit 10:00am August 19, 2026

RFQ Due Date 2:00pm September 2, 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 bid process for this procurement should be submitted via email to:

Jennifer.k.newton@opwdd.ny.gov

OVERVIEW

The Office for People With Developmental Disabilities (OPWDD) Contract Management Unit on behalf of Finger Lakes Developmental Disabilities State Operations Office (DDSOO) is soliciting quotes from responsible and qualified contractors to provide and install a Temporary Fence around Building 59 at the Finger Lakes DDSOO at 703 E Maple Avenue in Newark, NY in Wayne County. Please see Scope of Work and Mandatory Requirements on the following pages for additional details. Services are to be completed within 120 working days of Contract approval. Any delay in ability to complete services within 120 days due to weather or any other reason must be agreed upon by OPWDD and Contractor. References and insurances are required.

MANDATORY SITE VISIT

It is every Contractor’s responsibility to know the site requirements based upon the services being requested and therefore, any interested contractors must attend the mandatory site visit scheduled for 10:00am Wednesday August 19th, 2026.

Attendees shall meet at the Work Control building 70 located at 703 E Maple Avenue, Newark, NY 14513. Please call or email David Greco, Maintenance Supervisor 3, (Cell Phone: 315-630-8018; email: (David.e.greco@opwdd.ny.gov) with questions about the mandatory site visit meeting location.

Questions regarding the Scope of Work or the Project Site should be submitted in writing to David.e.Greco@opwdd.ny.gov.

mailto:jennifer.k.newton@opwdd.ny.gov%0d mailto:jennifer.k.newton@opwdd.ny.gov%0d 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:Jennifer.k.newton@opwdd.ny.gov mailto:David.e.greco@opwdd.ny.gov mailto:David.e.Greco@opwdd.ny.gov

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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 providing and installing the temporary fence. 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. In the event of a tie bid, the award will be made by random selection. Random selection will be made utilizing random.org/lists/.

If the Bidder submits a cost proposal which contains mathematical errors, the Total Cost will be calculated using the pricing submitted for Labor Cost, Materials/Parts Cost, Equipment Cost, and Overhead Cost.

The successful Bidder will be a NYS Small Business, and/or MWBE-certified pursuant to Article 15-A of the New York State Executive Law, or SDVOB-certified pursuant to Article 17-B of the New York State Executive Law. State Finance Law §160 (8), defines the terms “small business concern” or “small business” as meaning a business which is resident in New York state, independently owned and operated, not dominant in its field, and employs one hundred or less persons.

ATTACHMENTS

• Mandatory Supporting Documents (References and Vendor Responsibility Questionnaire)

• Exhibit A –- Fence Installation Location.

1. SCOPE OF WORK:

Statement of Work The Contractor will provide and install approximately 1600 linear feet of temporary fencing with a minimum of two road access locations around a vacant building for Finger Lakes DDSOO Newark Campus building 59, as depicted in Exhibit A-- Fence Installation Location. The Contractor will provide all labor and materials necessary to complete the work in a professional manner according to scope of work. Work is to be completed within 120 days of contract approval. This is a NYS Public Works project. Prevailing wages are to be paid, and Certified Payrolls must be submitted at time of completion. Site must be cleaned, and all materials secured at the end of each workday. Upon completion of this project, and before the removal of equipment and scaffolding, Contractor is to schedule a quality control and quality assurance inspection with Point of Contact, Maintenance Supervisor 3, David Greco or their representative (hereafter referred to as Point of Contact).

I. Temporary Fencing Specifications A. Prior to Commencement of Work/Preparation of Site

1. Utilities Site to be scanned prior to work for location of existing utilities. Utilities are to be marked with landscape paint or flags in areas where fencing is to be installed to avoid them with the placement of posts.

2. Submittals Provide Cut Sheet Submittals of all hardware for approval. Include manufacturer, make, and model numbers.

3. Quality Assurance

a. Comply with standards of the Chain Link Fence Manufacturer’s Institute.

b. Provide steel fence and related gates as a complete compatible system including necessary erection accessories, fittings, and fastenings. Posts and intermediate rails shall be continuous without splices.

B. Product Specifications

1. Steel Framework

a. Line Posts and Rails: Pipe: 2.3574 inches OD, 3.65 pounds per linear foot (Schedule 40).

2. Steel Fabric

a. Chain link, 2 inch mesh, No. 9 gauge.

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3. Swing Gate and Terminal Posts

a. Single width of gate 10’-0” wide (20’-0” Openings): Pipe: 4 inches OD, 9.11 pounds per linear foot (Schedule 40).

4. Swing Gate Frames

a. Height: 8’-0”: Pipe: 1.90 inches OD, 2.72 pounds per linear foot (Schedule 40). Assemble gate frames by welding or with special steel fittings and rivets for rigid connections. Install mid-distance horizontal bracing of the same size and weight as frame members.

5. Swing Gate Hardware

a. Hinges: Non-lift-off type, offset to permit 180 degree swing, and of suitable size and weight to support gate.

Provide extra 1-1/2 pair of hinges for each leaf over 6 feet high.

b. Latch: Forked type. Padlock eye shall be an integral part of latch construction.

6. Miscellaneous Materials and Accessories

a. Fittings and Post Tops: Steel, or malleable iron.

b. Fasteners: Tamper-resistant cadmium plated steel screws.

c. Stretcher Bars: One piece equal to full height of fabric, minimum cross-section 3/16 inch by 3/4 inch.

d. Metal Bands (for securing stretcher bars): Steel, wrought iron, or malleable iron.

e. Wire Ties: Conform to American Steel Wire gauges.

f. For tying fabric to line posts, rails and braces: 9 gauge (.1483 inch) steel wire.

7. Finishes

a. Steel Framework Pipe: Galvanized in accordance with ASTM A 53, 1.8 ounces zinc per square foot.

b. Fabric: Galvanized- ASTM A 392 class II zinc coated after weaving, with 2.0 ounces per square foot.

c. Fence and Gate Hardware, Miscellaneous Materials, Accessories:

-Wire Ties: Galvanized Finish, ASTM A 90 1.6 ounces zinc per square foot.

-Hardware and Miscellaneous Items: Galvanized Finish, ASTM A 153.

-Steel Shapes: Galvanized in accordance with ASTM A 123, 2.0 ounces zinc per square foot.

d. Tension Wire: Galvanized Finish: ASTM A 121 class 3, 0.80 ounces per square foot.

C. General Fencing Requirements

1. Height of fence shall be 8’ above grade. Posts are to be driven 4’ below grade.

2. Locate fencing 12’-15’ away from the perimeter of building to avoid damaging trees or their roots. See Exhibit A.

3. Provide a minimum of two road access locations that is provided with (2) 10’ Swing gates allowing 20’ Clear access. Gates are to be locked with provided hardware.

D. Installation

1. Space posts equidistant in the fence line with a maximum of 10 feet on center.

2. Drive posts into Earth: Plumb and align posts.

3. Locate corner posts at corners and at changes in direction. Use pull posts at all abrupt changes in grade and at intervals no greater than 500 feet. On runs over 500 feet, space pull posts evenly between corner or end posts. On long curves, space pull posts so that the strain of the fence will not bend the line posts.

4. Install top rail continuously through post tops or extension arms, bending to radius for curved runs. Install expansion couplings as recommended by fencing manufacturers.

5. Install bottom and intermediate rails in one piece between posts and flush with post on fabric side using special offset fittings where necessary.

6. Brace corner posts, pull posts, end posts, and gate posts to adjacent line posts with horizontal rails.

7. Diagonally brace corner posts, pull posts, end posts, and gate posts to adjacent line posts with truss rods

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8. Attach fabric to security side of fence. Maintain a 2 inch clearance above finished grade except when indicated otherwise. Thread stretcher bars through fabric using one bar for each gate and end post and 2 for each corner and pull post. Pull fabric tight so that the maximum deflection of fabric is 2 inches when a 30 pound pull is exerted perpendicular to the center of a panel. Maintain tension by securing stretcher bars to posts with metal bands spaced 15 inches off center. Fasten fabric to steel framework with wire ties spaced 12 inches off center for line posts and 24 inches off center for rails and braces. Bend back wire ends to prevent injury. Tighten stretcher bar bands, wire ties, and other fasteners securely.

9. Position bolts for securing metal bands and hardware so nuts are located opposite the fabric side of fence.

Tighten nuts and cut off excess threads so no more than 1/8 inch is exposed. Peen ends to prevent loosening or removal of nuts. Secure post tops and extension arms with tamper-resistant screws.

10. Install gates plumb and level and adjust for full opening without interference. Adjust hardware for smooth operation and lubricate where necessary.

11. Restore disturbed ground areas to original condition. Topsoil and seed to match adjacent areas.

II. General Requirements A. Proposal will include all materials, labor, disposal of materials fees, and site clean-up. Final acceptance of completed job will be provided by the Point of Contact.

B. Work is to be done between the hours of 7am and 8pm, Monday through Friday. Contractor is advised that besides Building 59, this campus is an occupied facility. The work as indicated above will be scheduled so as not to interfere with other functions of the campus.

C. Once the project has begun, it is to be worked on continuously until completed. If there are any delays, even if due to inclement weather, the Point of Contact MUST be contacted.

D. All tools must always be controlled, and debris, tools, and materials secured and stored 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 Point of Contact at the end of the day.

E. Any unforeseen conditions that may alter the established price are to be reported to the Point of Contact immediately upon discovery.

F. Contractor will cooperate with site managers and staff. Contractor will comply with safety and security requirements imposed by the site. Contractor will adhere to all policies and regulations of OPWDD, including but not limited to smoking, parking, etc. Contractor is to adhere to local/state noise control ordinances/laws.

G. Prior to the commencement of the work, there will be a meeting with OPWDD Operations and Maintenance staff and Safety Department to discuss specific safety requirements needed to be adhered to during the work period.

H. The Contractor will provide a safety plan to the Point of Contact before work begins.

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

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

K. All applicable environmental testing associated with this work will be provided to the Contractor prior to start of work, if necessary.

III. Contractor Damages Contractor will be liable for any damage caused to OPWDD property, i.e., but not limited to, roadways, sidewalks, lawn and landscaping, structures, utilities, and other infrastructure that is not part of this Scope of Work.

Contractor will be required to repair or replace damaged property in a timely manner.

IV. Contractor Liability In the event the Contractor fails to provide services as stated in the Scope of Work, within the time frames specified, and OPWDD is required to procure services from another vendor, the Contractor may be held liable for any costs over and above the contractual price for the site(s) involved. In such a situation, the additional cost for these services will be billed to the Contractor or payment will be reduced for the additional costs incurred.

V. Prevailing Wage Prevailing Wage applies to this Contract. The PRC# for this Contract is 2026021677. Contractor and its subcontractors must be registered with the New York State Department of Labor (NYSDOL) and submit their

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Certificate of Contractor Registration at the time of the bid submission for any Article 8 project. A copy of the Contractor’s certified payroll is required to be submitted with invoices before payment for services is rendered.

VI. Payment Payment will be made for actual services rendered in accordance with State Finance Law, upon completion of project and inspection of OPWDD. Total Cost is not to exceed the amount provided on the Contactor’s Cost Proposal Form without prior written approval from OPWDD. Invoicing must be sent to Finger Lakes DDSOO Business Office for processing and approval.

Payment for invoices submitted by the Contractor shall 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 shall be made in accordance with OSC's procedures and practices to authorize electronic payments.

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 – OPWDD may request bidders to submit at least three (3) references (Name, Title, Phone Number, and Email Address) associated with three (3) different projects (OGS, public, or private sector) of similar scope and size to the one identified in this RFQ that can provide evidence of the Contractor having experience in related 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.

http://www.wcb.ny.gov/ mailto:eny.nyc.li.contracthub@opwdd.ny.gov

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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.

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.

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C. Notice of Award, Debriefing, and Protests

1. The successful Bidder or its agent shall not make any news releases or any other disclosure relating to this contract award without the explicit approval of OPWDD.

2. OPWDD will notify all unsuccessful Bidders, at or about the time of award, of the fact that their proposals were not selected. Each unsuccessful Bidder may at that time request a debriefing by OPWDD as to why its proposal was not selected. The scope of such debriefings will ordinarily be limited to the strengths and weaknesses of the individual Bidder’s proposal unless the contracts resulting from this procurement have been approved by OSC.

3. Bidders wishing to file protest of the awarding of a quote(s) must notify OPWDD, in writing, of their intent to protest the award within ten (10) working days of their receipt of notice of non-award. The protest should identify the name and number of the RFQ and the award date; indicate the Bidder’s interpretation as to why they feel they were denied the award (i.e., summarize the deficiencies identified during the debriefing) and state their justification for the protest. Protests must be mailed to NYS OPWDD, Contract Management Unit, 44 Holland Avenue, 3rd Floor, Albany, New York 12229-0001.

D. 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 (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

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E. 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.

F. 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.

G. 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.

H. 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.

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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 33rd Floor, New York, New York 10017, Tel. (646) 846-7364, email: mwbecertification@esd.ny.gov website: https://ny.newnycontracts.com/FrontEnd/searchcertifieddirectory.asp

I. 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).

J. 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.

K. 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.

L. 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.

M. 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 https://ny.newnycontracts.com/FrontEnd/searchcertifieddirectory.asp http://www.osc.state.ny.us/vendrep

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RFQ FL 090226 Page 10 of 14 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.

N. 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.

O. 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.

P. 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).

Q. 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.

R. 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:

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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.

S. 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 State officer or employee, their organization pursued and awarded this contract through a competitive bidding process in compliance with the Public Officers Law 73(4)(a)(i).

Public Officers Law § 73(8)(a)(i) provides that no person who has served as a State officer or employee shall, within a period of two years after termination of such service or employment, appear or practice before such State agency or receive compensation for any services rendered by such former officer or employee on behalf of any person, firm, corporation, or association in relation to any case, proceeding, or application or other matter before such agency.

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 they are formerly a New York State officer or employee and any past employment with the State occurred prior to the two-year prohibition period and as a result their organization is in compliance with the Public Officers Law (8)(a)(i).

T. Bidder’s Affirmation of Understanding Pursuant to State Labor Law § 201-g

By submission of this quote, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint quote each party thereto certifies as to its own organization, under penalty of perjury, that the bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all its employees. Such policy shall, at a minimum, meet the requirements of Labor Law § 201-g.

U. Consumer Safety Information OPWDD provides services to individuals exhibiting Pica, which is a medical disorder characterized by an appetite for largely non-nutritive substances, e.g., cigarette butts, paper, gum, etc. Attention to the sanitation and cleanliness of the areas surrounding OPWDD’s state operated program sites and residential buildings is very important to the health and safety of those we serve. Please ensure care is taken to properly dispose of cigarette butts and rubbish while on OPWDD property.

OPWDD property has special receptacles for cigarette butt disposal. The Contractor and subcontractor employees shall use these receptacles and throw trash in garbage cans or dumpsters. Compliance with this policy is appreciated.

V. Consultant Disclosure Effective June 19, 2006, contractors doing business with the State of New York in a “consulting” capacity will be required to file forms disclosing, by employment category, the number of persons employed by them and their subcontractors (if any) as a consulting firm or an individual consultant; the number of hours worked; and the monetary compensation received from the State of New York for work performed by these employees. Reporting will be required via the utilization of two separate forms – “Form A” and “Form B”.

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In general, however, Form A is to be completed once upon initial contract award and is used to report “planned employment”. Form B is required annually and reports on “actual employment figures” for the preceding state fiscal year. The New York State fiscal year commences on April 1st and concludes on March 31st.

The Contractor and/or its Employees shall indemnify and hold harmless the State, its officers, its consultants and employees from claims, suits, actions, damages, lien, fine, judgments, decree and costs of every nature arising out of the provision of services pursuant to any agreement resulting from this Request for Quote. OPWDD shall not be held responsible for any loss or damages to the Contractor’s equipment.

W. Bidder’s Affirmation of Understanding Pursuant to New York State Finance Law §139-m In accordance with State Finance Law §139-m, by submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that the bidder has and has implemented a written policy addressing gender-based violence and the workplace and has provided such policy to all of its employees, directors and board members.

Such policy shall, at a minimum, meet the requirements of subdivision 11 of section five hundred seventy-five of the executive law.

If the bidder cannot make the foregoing certification, such bidder shall so state and shall furnish with the bid a signed statement that sets forth in detail the reasons that the bidder cannot make the certification.

(Please see the https://opdv.ny.gov/gender-based-violence-and-workplace for more information regarding these policies.)

https://opdv.ny.gov/gender-based-violence-and-workplace

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Cost Proposal Form

COST PROPOSAL INSTRUCTIONS

Please make sure all entries are neat and legible. Enter your price for each item into the boxes listed below. Add Labor Cost (A), Materials/Parts Cost (B), Equipment Cost (C), and Overhead Cost (D) together to get the Total Cost for the 2026 Temporary Fence Installation around Building 59 at the Finger Lakes DDSOO Newark Campus in Wayne County.

The Total Cost for 2026 Temporary Fence Installation around Building 59 at the Finger Lakes DDSOO Newark Campus in Wayne County is to include the cost of furnishing all said services, travel time, mileage, materials, equipment, supplies, labor, and all other ancillary costs associated in completing the work as outlined in the Scope of Work.

OPWDD reserves the right to request a detailed cost proposal breakdown from the apparent low bidder. This could include information including, but not limited to: estimated amount of labor hours, job titles and hourly…