RFQ S-1625 Final.pdf

RFQ S-1625

Agency No.: 28110 Dept. ID: 3320211

SUNY UPSTATE MEDICAL UNIVERSITY

Request for Quote (“RFQ”) for

Hardware, Software, and Support for Weapons Detection Systems, Xray Bag Scanners, and Handheld Metal Detector Wands

Responses Due:

Friday, November 20, 2026, 12:00 PM ET

Original: 10/29/2026

Dept. ID: 3320211

SUMMARY INFORMATION FORM

THIS PAGE SHOULD BE SIGNED AND RETURNED WITH BIDDER’S RESPONSE

RFQ #: S-1625 RFQ Title: Hardware, Software, and Support for Weapons Detection Systems, X-ray Bag Scanners, and Handheld Metal Detector Wands

RFQ Release Date: Monday, October 26, 2026

Key Events Questions/Requests for clarification due N/A Response to questions/requests for clarifications issued N/A Pre-Bid Walkthrough (if applicable) N/A Site Visit (if applicable) N/A Notice of Intent to Bid Due (if applicable) N/A Proposal Due Date and Time Friday, 11/20/2026, 12:00 PM EST Presentation, Demonstration, Interview (if applicable) N/A Anticipated Notification of Award December 2026 Anticipated Contract Start Date Winter 2027 Anticipated Term Length of Contract Four (4) Years + Optional One (1) Year

Upstate reserves the right, in its sole discretion, to modify the above schedule. Bidders will be notified via email of any changes in a timely manner

Contact Information Primary Contact:

Meg Coleman Contract Administrator SUNY Upstate Medical University Contracts Office, SLC 2040 750 E. Adams St., Syracuse NY 13210 Telephone: (315) 464-4169 Email: colemame@upstate.edu

Secondary Contact:

Dan Arnold Director of Contracts & Campus Purchasing SUNY Upstate Medical University Contracts Office, SLC 2042 750 E. Adams St., Syracuse NY 13210 Telephone: (315) 464-5874 Email: Arnoldd@upstate.edu

Technical Contact:

Ben Obrist Design Project Manager SUNY Upstate Medical University Design and Construction, SLC Suite 200 750 E. Adams St., Syracuse NY 13210 Telephone: (315) 464-4630 Email: ObristB@upstate.edu

Restricted Period In accordance with the requirements of New York State Finance Law Sections 139j and 139k (“Lobbying Law”), the restricted period for this procurement is now in effect. Therefore, all communications regarding this procurement must be handled through the State University of New York’s designated contacts only.

Bidder Information Legal Business Name of Company Bidding: Bidder’s Federal Tax Identification

Number:

D/B/A – Doing Business As (if applicable):

NYS Vendor ID Number:

Street Address:

City/State: Zip Code:

If applicable, place an “x” in the appropriate box: (check all that apply) � Small Business (if checked, provide # of employees ____) � Disabled Veteran Owned Business � Minority Owned Business (NYS Certified) � Women Owned Business (NYS Certified)

If you are not bidding, place an “x” in the box and return this page only. � We are unable to bid at this time because:

Bidders Signature:

Title:

Printed Name:

Date:

Name of Person to Direct Questions: Email Address:

THIS PAGE MUST BE SIGNED AND RETURNED WITH BIDDER’S RESPONSE

By signing this form, bidder acknowledges (a) that the RFQ instructions are understood; (b) that the bidder is committed to servicing UPSTATE’s needs in the required time period; and (c) that all information required by this RFQ has been included in bidder’s proposal.

Dept. ID: 3320211

1. About SUNY and SUNY Upstate Medical University SUNY is the largest comprehensive university system in the United States, educating more than 467,000 students in more than 7,500 degree and certificate programs on 64 campuses with nearly 3 million alumni around the globe.

SUNY is committed to reducing administrative costs, maximizing efficiencies, and moving resources toward academics and student services.

Upstate Medical University (“Upstate”) located in Syracuse, New York, is the only academic medical center in Central New York. With an operating budget of approximately $1.8 billion, it is the region's largest employer with approximately 10,100 employees and generates more than $2.5 billion in economic impact for the State of New York.

The Upstate University Health System serves more than 1.8 million people, often the most seriously ill and injured.

The Hospital provides highly specialized inpatient and outpatient services, with nearly 35,000 admissions in 2018.

Upstate had more than 106,000 visits in its three emergency rooms: 2 adult and 1 pediatric and 617,217 outpatient encounters in 2018. Upstate has 70 specialty clinics, which saw 460,000 of its outpatient visits. Patients also have access to additional clinics, through UUMAS, Upstate University Medical Associates at Syracuse, Inc. UUMAS is a 501(c)3 not-for-profit university faculty practice corporation, which serves as the umbrella organization of the 19 clinical departmental practices, Medical Service Groups (MSGs), within the College of Medicine.

Upstate has a total of 800 licensed beds at its two hospital campuses: the downtown campus (“University

Hospital”), located at 750 East Adams St., Syracuse, New York with 486 licensed beds, and Upstate University Hospital Community Campus (“Community Hospital”) located at 4900 Broad Road, Syracuse, New York, with 314 licensed beds. The Upstate Golisano Children’s Hospital (“UGCH”) crowns the east tower of the downtown campus.

Collectively, these hospitals are referred to herein as “Hospital”.

2. About Upstate’s New York State University Police at Upstate The New York State University Police at Upstate (“University Police Department” or “UPD”) provides safety and security to the students, faculty, staff, visitors, and vendors of the Upstate campus. The UPD operates 24/7/365 to provide this service to the campus community.

The mission of the University Police Department is to assist in providing a safe and secure environment which enhances and supports the campus learning experience, the research enterprise, and the patient care mission of Upstate through the compassionate, ethical, and professional delivery of police services.

The mission is pursued within the framework of the State University Rules and Regulations and all local, state, and federal laws. The investigation of crimes committed on campus falls under the jurisdiction of the University Police Department. Furthermore, the University Police Department enjoys a close working relationship with the professionals of the Syracuse Police Department, the Onondaga County Sheriff's Department, the New York State Police, and various other law enforcement agencies. When circumstances dictate, these departments may assist in the investigation of incidents that may occur on or off campus and may involve the interests and mission of SUNY Upstate Medical University.

UPD’s mission is accomplished by:

• Enforcing applicable laws, rules, and regulations

• Serving with honesty and integrity

• Promoting a climate of mutual trust and respect

• Ensuring open and effective communication

• Conveying a positive attitude and environment

• Demanding accountability from employees of the University Police Department

3. Project Specifications The State University of New York (“SUNY”) Upstate Medical University (“Upstate”) will utilize its discretionary procurement authority, which is up to $1,500,000.00, to accept proposals from New York State certified Minority- and Women-Owned Business Enterprises (“MWBEs”) and Service-Disabled Veteran-Owned Businesses (“SDVOBs”) who are manufacturers or authorized Vendors interested in providing hardware, software, and related support for weapons detection systems, x-ray bag scanners, and handheld metal detector wands. Product specifications are based on hardware and software developed by Athena Security Inc. (“Athena”). Bidders who wish to participate, may submit such document to the designated contacts as outlined in this Request for Quote (“RFQ”).

Dept. ID: 3320211

A. Purpose and Objective The purpose of this RFQ is to procure the hardware, software, and related support for Weapons Detection Systems, X-Ray bag scanners, and handheld metal detector wands to be used at Upstate’s hospitals and academic buildings, Downtown Hospital, Community Hospital, and Weiskotten Hall.

B. Important Note to Potential Vendor This procurement is subject to New York State Finance Law §§139-j & -k, also known as the Procurement Lobbying Law. Therefore, Agencies are cautioned that the only permissible contacts for this procurement are the person(s) listed on page 1, Summary Information Form. Contacting any other person at SUNY Upstate in connection with this procurement may constitute a violation of New York State Finance Law. Failure to comply with this requirement can range from no contract award to debarment from conducting business with any NYS Vendor.

4. Scope of Work and Deliverables The scope of work and deliverables are collectively referred to as the “Services.” Services shall be provided in accordance with state and federal regulations and the policies and procedures of Upstate.

A. The selected Vendor shall provide leased hardware and software for up to five (5) Weapons Detection Systems and up to three (3) X-Ray Baggage Scanners including any required accessories (e.g. mounts, stands, adapters, stabilizers, power adaptors, screens, or tablets) needed for hardware and software functionality. Additionally, the selected Vendor shall also provide five (5) handheld metal detector wands (“Wands”) for purchase. The equipment breakout is as follows:

a. Main Lobby Downtown Hospital:

i. One (1) ATHENA-Apollo500-26-CPL Weapons Detection System, or equivalent model

ii. One (1) ATHENA-XRAY26-5-5030A Ai Powered Xray, or equivalent model

1. One (1) Infeed table

2. One (1) Outfeed tables

b. Upper Lobby Downtown Hospital:

i. One (1) ATHENA-Apollo500-26-CPL Weapons Detection System, or equivalent model

c. Emergency Department (“ED”) Lobby Downtown Hospital:

i. One (1) ATHENA-Apollo500-26-CPL Weapons Detection System, or equivalent model

ii. One (1) ATHENA-XRAY26-5-5030A Ai Powered Xray, or equivalent model

1. One (1) Infeed table

d. One (1) Outfeed tables Weiskotten Hall:

i. One (1) ATHENA-Apollo500-26-CPL Weapons Detection System, or equivalent model

e. East Lobby Community Hospital:

i. One (1) ATHENA-Apollo500-26-CPL Weapons Detection System, or equivalent model

ii. One (1) ATHENA-XRAY26-5-5030A Ai Powered Xray, or equivalent model

1. One (1) Infeed table

2. One (1) Outfeed tables

f. Other

i. Five (5) Handheld Metal Detector Wands

B. The selected Vendor shall provide hardware installation and configuration, software implementation, programming, and onboarding, and training for both hardware and software needed for UPD’s use. For the purposes of this RFQ, Upstate anticipates that each device type will require up to sixteen (16) hours of use training.

C. The selected Vendor shall provide required and necessary support for leased hardware and software during the term of the resulting lease agreement and twenty-four/seven (24/7) technical customer support. Upstate acknowledges Vendors are not available to provide in person hardware support twenty-four/seven (24/7);

however, Upstate expects responses to service or support requests within (1) business day.

D. The Selected Vendor shall provide Upstate access to Athena’s Control Center, accountability and compliance alerts in real-time, advanced analytics and reporting for each Apollo 500 Walk-Thru Metal Detector, or equivalent model identified in Section 4A.

E. Delivery: All hardware and required accessories shall be delivered F.O.B. Destination to SUNY Upstate. Any applicable licensing, warranties, service agreement terms, and costs will not begin until delivery and commissioning of equipment as outlined below.

Dept. ID: 3320211

a. The selected Vendor shall be capable of providing delivery of outlined equipment and handheld metal detector wands to the designated locations, following execution of the resulting agreement: Main Lobby Downtown Hospital, Upper Lobby Downtown Hospital, East Lobby Community Hospital, and Weiskotten Hall. The actual date of delivery shall be coordinated between Vendor, Upstate, and UPD following contract execution. However, Upstate and UPD retain authority for determination of the final delivery date.

b. The selected Vendor shall be capable of providing delivery of outlined equipment for the ED Lobby Downtown Hospital no earlier than October 1, 2027. The actual date of delivery shall be coordinated between Vendor, Upstate, and UPD following contract execution.

5. Minimum Qualifications & Requirements Upstate is seeking proposals from Vendors that can meet the Scope of Work outlined in Section 5, Minimum Qualifications & Requirements, of this RFQ. To be considered for an Agreement, Vendor shall meet the following minimum requirements and provide explanation and evidence of such with Vendor’s proposal.

The Vendor must:

A. Qualify as a New York State certified (“NYS”) Minority- or Women-Owned Business Enterprise (“MWBE”) or

Service-Disabled Veteran-Owned Business (“SDVOB”) and provide evidence of qualification.

B. Be an authorized Vendor of Athena Security Inc. products and provide evidence of authorization.

C. Provide five (5) ATHENA-Apollo500-26-CPL, or equivalent models, with a compliance platform, on-site hardware installation, configuration and software implementation, onboarding, and training.

D. Provide three (3) ATHENA-XRAY26-5-5030A, or equivalent models, with a compliance platform, on-site hardware installation, configuration, software implementation, onboarding, and training.

E. Provide two (2), eight (8) hour use training sessions for the hardware and software of the ATHENA-Apollo500-

26-CPL, or equivalent model, and the ATHENA-XRAY26-5-5030A, or equivalent model. Please be advised that the use training sessions shall be provided upon installation and commission of the first devices.

F. Provide all required accessories for hardware and software functionality.

G. Provide hardware and software support during the term of the resulting lease agreement.

H. Provide twenty-four/seven (24/7) technical customer support during the term of the resulting lease agreement.

I. Complete the excel version of Attachment 10: Cost Proposal as required.

6. Vendor Response to Scope Vendors are asked to provide a proposal, which shall detail Vendor’s ability to meet the Minimum Qualifications & Requirements and how Vendor intends to provide Services. Please supply any additional relevant information or attachments with your submission.

A. Describe Vendor’s understanding of the needs and goals outlined in this RFQ and address how Services shall be delivered to achieve such objectives.

B. Describe what is included with hardware installation, configuration, and use training.

C. Describe what is included with software implementation, onboarding, and training.

D. Describe what is included with hardware and support provided by Vendor during the term of the resulting lease agreement.

E. Describe how technical customer support is provided (e.g. phone, email, ticket system, onsite, or offsite) and the turnaround time for requests.

7. Term A. Upstate intends on entering into an agreement (the “Agreement”) with selected Vendor for a period up to four

(4) years, with the option of a one (1) year renewal. Vendor shall be obligated to execute the renewal period, which will be at the sole discretion of Upstate.

[Continued on the Next Page.]

Dept. ID: 3320211

8. Cost Proposal A. Vendor’s cost proposal must be provided using the Excel version of Attachment 10: Cost Proposal.

i. One Time Fees for Freight and On-Site assembly/configuration:

a. Main Lobby - Downtown Hospital

i. ATHENA-Apollo500-26-CPL Weapons Detection System, or equivalent model

ii. ATHENA-XRAY26-5-5030A Ai Powered Xray, or equivalent model

A. One (1) Infeed table B. One (1) Outfeed table

b. Upper Lobby - Downtown Hospital

i. ATHENA-Apollo500-26-CPL Weapons Detection System, or equivalent model

c. Emergency Department Lobby - Downtown Hospital

i. ATHENA-Apollo500-26-CPL Weapons Detection System, or equivalent model

ii. ATHENA-XRAY26-5-5030A Ai Powered Xray, or equivalent model A. One (1) Infeed table B. One (1) Outfeed table

d. Weiskotten Hall

i. ATHENA-Apollo500-26-CPL Weapons Detection System, or equivalent model

e. East Lobby - Community Hospital

i. ATHENA-Apollo500-26-CPL Weapons Detection System, or equivalent model

ii. ATHENA-XRAY26-5-5030A Ai Powered Xray, or equivalent model C. One (1) Infeed table D. One (1) Outfeed table

ii. One Time Fees for Training:

a. ATHENA-Apollo500-26-CPL Weapons Detection System, or equivalent model

b. ATHENA-XRAY26-5-5030A Ai Powered Xray, or equivalent model

iii. One Time Fees for Item and Programming:

a. Handheld Metal Detector Wand

b. The total shall be based on five (5) Wands

iv. Annual Fees for Hardware, Software, and Support for five (5) years:

a. Main Lobby - Downtown Hospital

i. ATHENA-Apollo500-26-CPL Weapons Detection System, or equivalent model

ii. ATHENA-XRAY26-5-5030A Ai Powered Xray, or equivalent model

b. Upper Lobby - Downtown Hospital

i. ATHENA-Apollo500-26-CPL Weapons Detection System, or equivalent model

c. Emergency Department Lobby - Downtown Hospital

i. ATHENA-Apollo500-26-CPL Weapons Detection System, or equivalent model

ii. ATHENA-XRAY26-5-5030A Ai Powered Xray, or equivalent model

d. Weiskotten Hall

i. ATHENA-Apollo500-26-CPL Weapons Detection System, or equivalent model

e. East Lobby - Community Hospital

i. ATHENA-Apollo500-26-CPL Weapons Detection System, or equivalent model

ii. ATHENA-XRAY26-5-5030A Ai Powered Xray, or equivalent model

v. The Grand Total shall be used for evaluation purposes.

B. All fees shall be inclusive of all costs for Services including required accessories.

C. Pricing shall remain firm for the term of the Agreement.

D. Upstate shall not be obligated to pay any cost(s) that haven’t been accounted for in the all-inclusive rates. Any cost(s) not identified by the Vendor but subsequently incurred to achieve the objectives set forth in this RFQ and resulting agreement shall be borne by the successful Vendor.

E. Upstate will not be liable for additional expenses listed by the successful Vendor unless authorized in writing by Upstate. Additional expenses, if authorized, may require further approval by the New York State Office of the State Comptroller.

F. No prepayment of any kind will be made. Payment shall be made upon acceptance of equipment and installation, and receipt of an invoice.

Dept. ID: 3320211

G. Upstate is not liable for any cost(s) incurred by Vendor prior to execution of a contract and the written approvals of the New York State Office of the Attorney General (the “OAG”) and the Office of the State Comptroller (the “OSC”), if applicable.

H. When the resulting contract or purchase order (“PO”) specifically provides for freight charges, Vendor must provide a copy of the original freight invoice when charges are greater than five hundred dollars ($500.00).

9. Travel & Lodging Lodging and related travel expenses will NOT be reimbursed by Upstate.

10. Determination of Vendor Responsibility New York State procurement law requires that state agencies award contracts only to responsible Agencies.

Additionally, the New York State Comptroller must be satisfied that a proposed Vendor is responsible before approving a contract award under Section 112 of the State Finance Law. Section 163 of the New York State Finance Law ("SFL") requires that contracts for services and commodities be awarded based on lowest price or best value "to a responsive and responsible offeror". Section 163(9) (f) of the SFL requires that prior to making a contract award, each contracting Vendor shall make a determination of responsibility of the proposed Vendor.

In accordance with these procurement laws, the College will conduct an affirmative review of Vendor responsibility for all organizations or firms with which it conducts business. In doing so, Agencies are required to file the required Vendor Responsibility (“VendRep”) Questionnaire online via the New York State VendRep System or may choose to complete and submit a paper questionnaire. To enroll in and use the VendRep System, see the instructions from the Office of State Comptroller (“OSC”), online at https://www.osc.ny.gov/state-Offerors/vendrep/vendrep-system. For VendRep System user assistance, the OSC Help Desk may be reached at 866-370-4672 or 518-408-4672 or by email at ITServiceDesk@osc.ny.gov. Agencies opting to file a paper questionnaire may obtain the appropriate questionnaire from the VendRep website.

In addition:

A. General Responsibility: The Vendor shall at all times during the contract awarded term remain responsible. The

Vendor agrees, if requested by the SUNY Chancellor or his or her designee, to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity.

B. Suspension of Work for Non-Responsibility: The SUNY Chancellor, in his or her sole discretion, reserves the right to suspend any or all activities under the contract awarded, at any time, when he or she discovers information that calls into question the responsibility of the Vendor. In the event of such suspension, the Vendor will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Vendor must comply with the terms of the suspension order. Contract activity may resume at such time as the SUNY Chancellor or his or her designee issues a written notice authorizing a resumption of performance of the contract awarded.

C. Termination for Non-Responsibility: Upon written notice to the Vendor and a reasonable opportunity to be heard with appropriate SUNY officials or staff, the SUNY Chancellor or his or her designee at the Vendor’s expense, where the SUNY Chancellor determines the Vendor or his or her designee to be non-responsible may terminate the contract awarded. In such event, the SUNY Chancellor or his or her designee may complete the contractual requirements in any manner he or she may deem advisable and pursue available legal or equitable remedies for breach.

11. Compliance with Freedom of Information Law All proposals submitted for the College's consideration and any resulting contract is subject to the New York State Freedom of Information Law (“FOIL”), contained in Article 6 of the New York State Public Officer's Law. Vendor must submit with its proposal completed Attachment 6; specifically (i) identifying the page number(s), line(s) or other appropriate designation(s) containing such information Vendor feels in its proposal constitutes a trade secret, should be treated as confidential and should not be disclosed upon a request pursuant to a FOIL; (ii) explaining in detail why such information is a trade secret or confidential; and (iii) formally request that such information be held as confidential. Vendor’s failure to submit Attachment 6 with its proposal will constitute a waiver by the Vendor of any rights it may have under Section 89(5) of the Public Officers' Law relating to protection of trade secrets. The proprietary nature of the information designated confidential by the Vendor may be subject to disclosure if ordered by a court of competent jurisdiction. A request that an entire proposal be kept confidential is not advisable, because a proposal cannot reasonably consist exclusively of proprietary information.

mailto:ITServiceDesk@osc.ny.gov mailto:helpdesk@osc.state.ny.us

Dept. ID: 3320211

12. SUNY Reserved Rights A. Reject any and all proposals received in response to this RFQ.

B. Reject any or all portions of any proposal, to negotiate terms and conditions consistent with this RFQ and to make an award for any or all remaining portions.

C. Withdraw the RFQ at any time, at SUNY’s sole discretion.

D. Make an award in whole or in part.

E. Disqualify any Vendor whose conduct and/or proposal fails to conform to the requirements of the RFQ.

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

G. Prior to the submission date, amend the RFQ specifications to correct errors of oversight or to supply additional information, as it becomes available.

H. Request certified audited financial statements for the past three (3) completed fiscal years and/or other appropriate supplementation including, but not limited to, interim financial statements and credit reports.

I. Request references and contact any or all references.

J. Adjust or correct cost or cost figures with the concurrence of the Vendor if mathematical or typographical errors exist.

K. Advise the Successful Vendor of an objectionable employee(s) and/or subcontractor(s).

L. Waive requirements or amend this RFQ M. Negotiate with Vendor responding to this RFQ within the requirements necessary to serve the best interests of

SUNY.

N. Begin contract negotiations with another Vendor to serve the best interests of SUNY should contract negotiations with the Successful Vendor be unsuccessful within a time frame acceptable to SUNY.

O. Request clarifications from Vendor for purposes of assuring a full understanding of responsiveness and permit revisions from all potential awardees prior to award.

P. Award no contract.

13. General Contract Terms and Conditions A. SUNY Exhibits A & A-1: The State University of New York Standard Contract Clauses dated June 21, 2023, (Exhibit A) and Affirmative Action Clauses dated March 31, 2020, (Exhibit A-1) will be incorporated into any resulting agreement with the highest precedence.

B. Restrictions on the Activities of Current and Former State Officers and Employees: All Vendor’s employees must be aware of and comply with the requirements of the New York State Public Officers Law, 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. The Vendor and their employees are cautioned that the hiring of former state employees may violate the Ethics Law. The governing provisions are set forth in the New York State Public Officers Law §§ 73 and 74, and the underlying principle of law is to prevent conflicts of interest and encourage ethical behavior. The law may be found on the following website: https://ethics.ny.gov/laws. Failure to comply with those provisions may result in termination of the Agreement and/or other civil or criminal proceedings as required by law.

C. Subcontractors, Partners, Joint Ventures and other Third-Party Participants (“Subcontractor”):

i. Prior to commencing services, the Vendor shall submit a statement to SUNY describing the portion of the work and materials which subcontractors are to perform and must furnish any other information to document that such subcontractors have the necessary facilities, skill, integrity, past experience and financial resources to perform the work in accordance with the terms and provisions of the Agreement.

If SUNY finds that the subcontractors are qualified, it will so notify the Vendor within ten (10) business days following receipt of Vendor’s written statement described above. If SUNY determines that a subcontractor is not qualified, it will so notify the Vendor. The Vendor must, within ten (10) business days thereafter, submit a written statement as described above with respect to other proposed subcontractors, unless the Vendor decides to do such work itself and in SUNY’s opinion is qualified to do such work.

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ii. SUNY’s approval of a subcontractor shall not relieve the Vendor of any of its responsibilities, duties and liabilities under the Agreement. The Vendor shall be solely responsible to SUNY for the acts, omissions or defaults of such subcontractors and of such subcontractors' officers, agents and employees, each of whom shall, for this purpose, be deemed to be the agent or employee of the Vendor to the extent of its subcontract. No provisions of the awarded contract shall create or be construed as creating any contractual relation between SUNY and any subcontractor or with any person, firm or corporation employed by, contracted with or whose services are utilized by the Vendor.

iii. The Vendor shall be fully responsible for the administration, integration, coordination, direction and supervision of all of its subcontractors and of all work. Vendor shall check requirements of the work and coordinate and adjust as required so that conflicts in time, workspace, equipment and supplies do not occur in the work being performed by the Vendor with its own employees and the work being performed by its subcontractors.

iv. No subcontractor shall be permitted to work until it has furnished satisfactory evidence to SUNY of the insurance required by law.

v. The Vendor shall execute a written agreement with each of its subcontractors and shall require all subcontractors to execute with their sub subcontractors a written agreement which shall bind each to the terms and provisions of the prime contract awarded, insofar as such terms and provisions are applicable to the work to be performed by such subcontractors. The Vendor shall require all subcontractors and sub subcontractors to promptly, upon request, file with SUNY a copy of such agreements upon request, from which the price and terms of payment may be deleted.

D. Confidentiality/Freedom of Information Law: The resulting Agreement is subject to the New York State Freedom of Information Law (“FOIL”), contained in Article 6 of the New York State Public Officer’s Law. Therefore, if an Vendor believes that any information in its proposal constitutes a trade secret, should be treated as confidential and should not be disclosed upon a request pursuant to FOIL, Vendor shall submit with its proposal a separate letter addressed to: SUNY Upstate, Internal Audit, Attn: Records Access Officer, 750 East Adams Street, Syracuse, New York 13210 specifically (i) identifying the page number(s), line(s) or other appropriate designation(s) containing such information; (ii) explaining in detail why such information is a trade secret or confidential; and (iii) formally request that such information be held as confidential. Vendor’s failure to submit such a letter with its proposal will constitute a waiver by the Vendor of any rights it may have under Section 89(5) of the Public Officers' Law relating to protection of trade secrets. The proprietary nature of the information designated confidential by the Vendor may be subject to disclosure if ordered by a court of competent jurisdiction. A request that an entire proposal be kept confidential is not advisable, because a proposal cannot reasonably consist exclusively of proprietary information.

E. False Claims: SUNY Upstate is required by law to provide information to all of its contractors and agents regarding the Federal False Claims Act, New York State Laws regarding civil or criminal penalties for false claims and payments, administrative remedies for false claims and statements, and whistleblower protections under these laws. Exhibit V, False Claims Information for Contractors and Agents of the State University of New York Upstate Medical University, of this Agreement satisfies this notification requirement, and by execution of this Agreement, Vendor acknowledges that it has received and understands the information provided therein.

F. Compliance:

i. Notwithstanding any other provision of this Agreement, the parties remain responsible for ensuring that any service provided pursuant to this Agreement complies with all pertinent provisions, as may be from time to time amended, of federal, New York state and local statutes, rules and regulations, and policies of the SUNY Board of Trustees.

ii. The parties recognize that this Agreement at all times is subject to applicable provisions, as may be from time to time amended, of federal, New York state, and local statutes, rules, and regulations, and policies of the State University of New York Board of Trustees. Any provision of law or regulation or judicial or administrative interpretation of same that invalidates, or otherwise is inconsistent with the terms of this Agreement that, in the reasonable judgment of either party, would cause one or both parties to be in violation of law or regulation shall be deemed to have suspended the terms of this Agreement; provided, however, that the parties shall exercise their best efforts to accommodate the terms and intent of this Agreement to the greatest extent possible consistent with the requirements of law and regulations.

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iii. If either party determines that a term of this Agreement, including the compensation to the Upstate’s medical service groups, is required to be modified or terminated for purposes of compliance with federal or New York State laws or regulations, or with the policies of the SUNY Board of Trustees, such party shall promptly notify the other party in writing of the determination, together with sufficient details supporting the determination. Within thirty (30) days of the foregoing notification, the parties shall renegotiate, in good faith, the term(s) required to be modified or terminated to ensure compliance with applicable laws, regulations and policies. If the parties are unable to make a good faith resolution within such thirty (30) day period, resolution will be attempted through the Institutional Compliance Committee. If the Institutional Compliance Committee is unable to resolve the issue within an additional thirty (30) day period, either party may terminate this Agreement upon ten (10) days prior written notice to the other party or such earlier date as may be required by law, regulation or policy.

iv. Vendor, its employees, subcontractors, and agents shall be subject to and comply with Upstate’s institutional compliance program as it relates to services provided hereunder and report any compliance concerns that are applicable to their provision of services to Upstate hereunder. Upstate’s Compliance & Ethics Program Education is attached hereto as Exhibit T. Vendor shall require its employees, subcontractors, and agents that are providing services to Upstate review Exhibit T prior to providing services to Upstate. Vendor shall maintain records demonstrating its compliance with the foregoing requirement for no less than six (6) years and provide a copy of such records to Upstate within fifteen (15) days of Upstate’s written request. Upstate may terminate this Agreement upon fifteen (15) days written notice in the event Vendor fails to comply with the provisions of this section and does not cure such non-compliance during such time period. In the event of such termination, Vendor shall provide Upstate with a pro-rated refund for all amounts paid in advance for the unexpired portion of the term.

G. SUNY’s AC130: SUNY’s terms and conditions as stated in AC 130 dated February 23, 2010, (Exhibit B) will be incorporated into any resulting agreement.

H. State Consultant Services Reporting: State Finance Law Sections 8 and 163 require that Contractors annually report certain employment information to the contracting Vendor, the Department of Civil Service and Office of the State Comptroller. State contractors are required to disclose, by employment category, the number of persons employed to provide services under a contract for consulting services, the number of hours worked, and the amount paid to the contractor by the State as compensation for work performed by these employees. This will include information on any persons working under any subcontracts with the State contractor. Please refer to Attachment 7.

I. Attachments: Any attachment requiring the Vendor to review, complete, and sign** must be included in the proposal submission via email:

i. Notary Acknowledgement Form

ii. Attachment 1: RFQ Submission Checklist

iii. Attachment 2: New York State Finance Law §139 Form

iv. Attachment 3: Public Officers Law Form

v. Attachment 4: EO 177 Certification

vi. Attachment 5: EO 16 Certification

vii. Attachment 6: Non-Collusive Bidding Certification

viii. Attachment 7: State Finance Law §139-L Certification

ix. Attachment 8: NYS Consultant Services – Contractor’s Planned Employment Form A & B (AC-3271-S)

x. Attachment 9: Vendor Responsibility Questionnaire (AC 3290-S)***

xi. Attachment 10: Cost Proposal **Any form requiring the Vendor to sign/date, must bear an original, ink signature.

***May be submitted electronically through NYS VendRep System (preferred method).

14. Proposal Submission and Deadline Vendors shall submit their proposal with copies of original signatures (no electronic signatures) via email to the designated contacts or hard copy using the mailing address provided in Section 1 of the RFQ. Proposals are due by Friday, November 20, 2026, at 12:00 PM ET.

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Dept. ID: 3320211

15. Equivalent Offers In the event two offers are found to be substantially equivalent, Upstate’s procedures for a tie breaker are completed in the following manner:

1. Price; or

2. One of the vendors is a New York State certified minority-owned or women-owned business enterprise

(M/WBE) or Service-Disabled Veteran Owned Business (SDVOB); or

3. The location of vendor, using the address of the principal place of business, in the following order:

a. Syracuse area

b. Central New York

c. New York State

d. Northeast Region of the United States, as defined by the United States Census Bureau, comprising of nine states: Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont.

4. Names drawn from a basket or hat by a Purchasing designee.

16. Award A. Responses to this solicitation will be considered for the award of one (1) contract between Vendor and SUNY

Upstate, of which shall require the pre-approvals of the Office of the Attorney General (“OAG”) and the Office of the State Comptroller (“OSC”).

B. The Agreement may be amended at any time only upon mutual consent of the parties in writing. Such written amendment will not be effective until signed by both parties and approved by the OAG and OSC.

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Attachments and Exhibits to Follow.]

Standard Contract Clauses State University of New York June 21, 2023 The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "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 or State University of New York, whether a Contractor, licensor, licensee, lessor, lessee or any other party; the State University of New York shall hereinafter be referred to as “SUNY”):

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. PROHIBITION AGAINST ASSIGNMENT. 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 SUNY 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.

SUNY retains its right to approve an assignment and to require that any Contractor demonstrate its responsibility to do business with SUNY. The Contractor may, however, assign its right to receive payments without SUNY’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. (a) In accordance with Section 112 of the State Finance Law, the State Comptroller’s approval is required for the following contracts: (i) goods, services, construction, and construction-related services for State University hospital or healthcare facilities which exceed $150,000; (ii) purchases utilizing an Office of General Services (OGS) centralized contract which exceed $200,000 (iii) goods, services, construction, and construction-related services not described in (i) or (ii) and which exceed $75,000;

(b) If this contract exceeds the threshold amounts listed above in Paragraph 3(a), or, if this is an amendment for any amount to a contract which, as so amended, exceeds said threshold amounts, 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, and the State shall bear no liability, until it has been approved by the State Comptroller and filed in his or her office.

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 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 competitive 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 SUNY 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 SUNY, 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 SUNY and any other 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. SUNY 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 SUNY 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, SUNY’s or 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 SUNY 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…