Stadium Light Pole Replacement.docx

Company: _________________________________________________Page2

DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION (NYS DOCCS)

HALE CREEK CORRECTIONAL FACILITY

REQUEST FOR PROPOSAL (RFP) # HC 2025-03

STADIUM LIGHT POLE BASE REPLACEMENT – OUTFIELD 3RD BASE SIDE

Issue Date: 11/24/2025 Site Visit Date: 12/16/2025 OR 12/18/2025 9:00AM Offeror Questions Due: 12/30/2025 Proposal Due Date & Time: 01/13/2026 @ 10:00 AM EST

SCOPE: New York State DOCCS Hale Creek Correctional Facility is seeking candidates to submit a proposal to perform and supply the following work.

Part 1 - Description of work:

At minimum Respondent will furnish all permits, labor, material, equipment, apparatus, tools transportation and services necessary for, and incidental to, the proper installation and completion of a replacement stadium lamp post base as described on the project named above. Proposal must include removal and disposing of existing lamp post base and any debris, replacement/repair of any compromised conduit & electrical wiring, and the installation of a new “Like kind” lamp pole base. Upon completion of new light pole base, respondent to set and wire existing lamp post, which is currently stored on site.

Part 2 – Quality control:

Respondent shall use workers who are trained and experienced in the skills needed to satisfactorily complete this project as specified. Respondent shall protect turf, track and other areas of grounds from damage, and apply seed and straw to affected work area upon completion. Respondent shall provide a temporary chain link fence to prevent access to work site, if repairs exceed one working day. Respondent shall make every reasonable attempt to complete the project on schedule.

Part 3 – Work hours and general information:

Work to be performed Monday-Friday between the hours of 7:30am and 3:00pm. Alternate times outside of this window may be accommodated with advance notice, at the facilities discretion. Winning respondent will be required to attend a pre-work meeting with facility management and security to coordinate before work begins.

All respondent & employees will be subject to form #4071A “NYS DOCCS Guidelines for Construction Projects” (Document will be provided at mandatory pre-bid site visit).

MANDATORY SITE VISIT: Each Offeror must visit the site prior to the RFP opening to familiarize itself with the facilities at the agency. See “Site Inspection” in Appendix B, OGS General Specifications.

Respondents intending to submit a proposal will be required to attend a mandatory site visit, which will include an informational meeting and a tour of the Facility on 12/16/2025 OR 12/18/2025 @ 9:00AM. These are the only dates and times available for inspection. Alternate dates for additional site inspections will not be available. It is recommended that attendees arrive at least fifteen minutes prior to scheduled time of the site visit with photo identification.

Due to security restrictions, all Respondents must pre-register for the site visit by contacting Malcolm Simmons via e-mail malcolm.simmons@doccs.ny.gov by close of business 12/12/2025.

Failure to attend the mandatory site visit will result in rejection of the proposal. Prospective Offerors arriving after the substantive portion of the site visit begins (as reasonably determined by the facility manager) will be precluded from attending the site visit, and therefore unable to submit a responsive proposal.

In accordance with State Finance Law §139-j(3)(a)(3), this mandatory site visit is covered by the permissible subject matter authorization. A vendor is authorized to speak with representatives other than Designated Contact(s) for the sole purpose of the site visit (to arrange attendance, during the conduct of the visit and to pose questions regarding the site).

The site visit will provide an opportunity for prospective respondents to see firsthand the existing equipment, the tasks to be performed and the special needs of the facility. Questions during the site visit will be permitted. It is suggested that the respondent note the question and ask at the end of the tour. Completion of the Site Visit Verification Form is required and will be available to sign at the time of the Site Visit.

Verbal answers are not official answers. All questions asked at the conference or after the tour must be submitted via email to the designated contact for this Solicitation no later than 12/30/2025. Official answers to all questions will be distributed in the form of an addendum via email to all attendees of the mandatory site visit. Only answers provided by addendum are considered official.

NOTE: If there are any questions Respondents would like addressed at the site visit, respondents should submit them in writing, to the designated contact prior to the date of the site visit. Questions during the site visit will be permitted, however, only questions submitted in writing and answered via addendum will be considered official.

AUTHORIZED CONTACTS: Wendy Phillips, phone: (518) 736-2094 x3100, (Wendy.Phillips@doccs.ny.gov) is the primary authorized contact for this procurement. The alternate authorized contact is Malcolm Simmons, phone: (518) 736-2094 x3951; Malcolm.Simmons@doccs.ny.gov). The Offeror understands and agrees to comply with the requirements of the Procurement Lobbying Law, State Finance Law § 139-j and § 139-k, and with procedures relating to permissible contacts during a procurement as required by State Finance Law § 139-j(3) and § 139-j(6)(b). Such requirements and procedures are posted at https://ogs.ny.gov/acp. E-mail is the preferred method of contact.

Contacting someone else may result in rejection of bid – see “Procurement Lobbying Act”.

PROPOSAL SUBMITTAL:

Due Date & Time: 01/13/2025 @ 10:00 AM EST

IMPORTANT NOTICE TO POTENTIAL OFFERORS: Receipt of these documents does not indicate that the NYS DOCCS – Hale Creek Correctional Facility has pre-determined your company's qualifications. Such determination will be made after the proposal opening and will be based on our evaluation of your submission compared to the specific requirements and qualifications contained in these bid documents. Award will be based on best overall value.

NOTICE TO RESPONDENTS: The Hale Creek Correctional Facility – Business Office will receive proposals pursuant to the provisions of Article XI of the State Finance Law or the provisions of the State Printing and Public Documents Law. The following procedures shall be used for proposal submittals:

PROPOSAL PREPARATION: Prepare your offer using indelible ink using the format indicated in this packet. Print the name of your company on each page of the proposal. One copy of the proposal is required, unless otherwise specified herein. Additional typed pages to further explain your proposal are acceptable. Each additional page must be labeled with company name and indicate the section of the proposal being addressed.

PROPOSAL SUBMISSION: When submitting your offer, please submit complete original proposal package, including all Offeror questions and required certifications. You are not required to return Appendix A and Appendix B to this office. You may keep those pages for your own reference.

· PROPOSAL DELIVERY: All Respondents assume all risks for timely, properly submitted deliveries. Respondents are strongly encouraged to arrange for delivery of offers to Hale Creek Correctional Facility prior to the date of the RFP opening. LATE SUBMISSIONS may be rejected. E-mail submissions are not acceptable and will not be considered.

· PROPOSAL ENVELOPES: The envelope containing an offer should be clearly marked "RFP RESPONSE ENCLOSED" and state the RFP Number, RFP Opening Date, and Time. Failure to complete all information on the envelope may necessitate the premature opening of the offer and may compromise confidentiality. See "Bid Submission" in Appendix B, General Specifications. Offer shall be delivered to:

State of New York Department of Corrections and Community Supervision Attn: Wendy Phillips, Steward Hale Creek Correctional Facility 279 Maloney Rd. Johnstown, NY 12095

• FAX transmittals: Facsimile transmittals are NOT acceptable for this Solicitation.

• Hand deliveries: Respondents must allow extra time to comply with the security procedures which may be in effect when hand delivering offers or using deliveries by independent courier services. Respondents assume all risks for timely, properly submitted deliveries.

IMPORTANT BUILDING ACCESS PROCEDURES

Respondents attending proposal openings must pre-register for building access by contacting Malcolm Simmons at (518) 736-2094 or by email at Malcolm.simmons@doccs.ny.gov at least 24 hours prior to said opening. To access the facility, all visitors must check in by presenting valid photo identification. Vendors who intend to deliver offers should allow extra time to comply with these procedures. Building Access procedures may change or be modified at any time.

All questions should be submitted in writing no later than 12/10/2025, citing the specific section and paragraph number. The Prospective Offeror should notify the DESIGNATED CONTACT of any term, condition, etc., that precludes the vendor from submitting a compliant, responsive proposal. Respondents are cautioned to read this document thoroughly to become familiar with all aspects of the request for proposal. Prospective Offerors should note that all clarifications and exceptions including those relating to the terms and conditions of the solicitation are to be resolved prior to the submission of an offer. Respondents entering into a purchase agreement with the State are expected to comply with all the terms and conditions contained herein. Answers to all questions of a substantive nature will be given to all Prospective Offerors in the form of a formal addendum which will become part of the ensuing procurement.

METHOD OF AWARD: Method of award will be by best value, as determined by NYS DOCCS, by a vendor found to be a responsive and responsible who accepts all terms and conditions. There is no obligation to purchase. NYS DOCCS reserves the right to make an award in whole or in part, to withdraw the request at any time, and to reject any and all proposals. NYS DOCCS will consider every offer as firm and not revocable for a minimum of sixty (60) days from the offer opening.

TIE PROPOSAL CRITERIA: Proposals considered to be so substantively similar as to cause a tie will be broken using a process of elimination in the exact priority order of each status: NY State Certified M/WBE-Owned; Service Disabled Veteran-Owned; Best Cash discount with Best Terms; NY State Small Business-Owned (less than 100 employees); NY State Vendor; Small Business (less than 100 employees); Draw Name.

LATE OFFERS: Proposals must be received at or before the date and time established above. Any Offer received at the specified location after the time specified will be considered a late offer which shall not be considered for award unless: (i) no timely offers meeting the requirements of the Solicitation are received or, (ii) no timely offers received meet the solicitation requirements; and acceptance of the late offer is in the best interests of the State. Delays in any means of transmittal, including couriers or agents of the Authorized User, shall not excuse late submissions.

ELECTRONIC PAYMENTS: Payments cannot be processed until service has been performed and deemed by NYS DOCCS to be satisfactory. Invoice must be inclusive of, but not limited to, invoice number, purchase order number, description, date of service, unit price, total price, discounts (if applicable), and Federal ID# or Vendor ID#. Vendor must agree to accept payment electronically thru the State Financial System. Please see www.osc.state.ny.us/epay/index.htm to apply for the Electronic Payments Program (email address: epunit@osc.state.ny.us, phone 518-474-4032.)

REMEDIES FOR BREACH: It is understood and agreed that all rights and remedies afforded below shall be in addition to all remedies or actions otherwise authorized or permitted by law:

DISPUTE RESOLUTION: By signing this agreement, vendor certifies that it will make good faith efforts to solve the problems or settle disputes amicably under this agreement and solicitation including discussions and/or meeting with NYS DOCCS’ representatives to attempt to diligently to reach a satisfactory resolution. Also see “Remedies for Breach” for additional information. Litigation may be sought by either party as part of dispute resolution. Also see the GFO (Guide to Financial Operations Chapter XI.17): http://www.osc.state.ny.us/agencies/guide/MyWebHelp/ INDEMNIFICATION/DEBRIEFING: Vendor shall be fully liable for the actions of its agents, employees, or partners, shall fully indemnify and hold harmless NY State from suits, actions, damages, and costs of every name and description relating to personal injury and damage to real or personal tangible property caused by any intentional act or negligence of vendor, its agents, employees, or partners, without limitation provided however that the vendor shall not indemnify for that portion of any claim, loss or damage arising hereunder due to the negligent act or failure to act of NY State.

NEW YORK STATE INFORMATION SECURITY BREACH AND NOTIFICATION ACT: Respondent shall comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law Section 899-aa; State Technology Law Section 208) as contained herein: http://its.ny.gov/eiso/breach-notification CONFIDENTIAL INFORMATION: Respondent warrants, covenants and represents that any confidential information obtained by respondent, its agents, officers, distributors, resellers or employees in the course of performing its obligations, including without limitation, security procedures, business operations information, or commercial proprietary information in the possession of the State or NYS DOCCS users hereunder or received from another third party, will not be divulged to any third parties without the written consent of NYS DOCCS. Respondent shall not be required to keep confidential any such material that is publicly available through no fault of respondent, independently developed by respondent without reliance on confidential information of NYS DOCCS, or otherwise obtained under the Freedom of Information Law or other applicable New York State laws and regulations. This warranty shall survive termination of this procurement. Respondent further agrees to take commercially reasonable steps to inform its agents, officers, distributors, resellers or employees of the obligations arising under this clause to ensure such confidentiality.

AWARD AND CANCELLATION: NYSDOCCS reserves the right to make an award in whole or in part, to withdraw the RFP at any time, to seek clarifications and revisions of proposals, to determine an offeror’s compliance with the requirements of the solicitation, to consider offer as firm and not revocable for 60 days from bid opening, and to reject any or all proposals.

TAX LAW § 5-A: TAX LAW § 5-A Amended April 26, 2006 (Appendix 2): Tax Law § 5-a, as amended on April 26, 2006, requires certain Contractors who are awarded state contracts for commodities and/or services valued at more than $100,000 (over the full term of the contract, excluding renewals) to certify to the Department of Taxation and Finance (DTF) they are registered to collect New York State (NYS) and local sales and compensating use taxes. The law applies to contracts where the total amount of the Contractor’s sales delivered into NYS exceed $300,000 for the four quarterly periods immediately preceding the quarterly period when the certification is made; and with respect to any affiliates and subcontractors whose sales delivered into NYS also exceed $300,000 in the same manner as noted above for the Contractor.

This law imposes upon certain Contractors the obligation to certify whether or not the Contractor, its affiliates, and its subcontractors are required to register to collect state sales and compensating use tax. The contractors must certify to DTF that each affiliate and Subcontractor exceeding the sales threshold is registered with DTF to collect such State and local sales and compensating use taxes. The law prohibits the Comptroller, or other approving agency, from approving a contract to a vendor who is not registered in accordance with the law.

There are two (2) Contractor certification forms, with instructions, required for this bid. Form ST-220-TD is to be submitted directly to DTF. Submission to DTF is a one-time occurrence. If you have already submitted this form to DTF for other bidding opportunities, you do not need to submit the form attached to this bid. If, however, any certification information changes, a new ST-220-TD must be filed with DTF. Form ST-220-CA must be completed and submitted with this bid. This form certifies to the procuring agency that the contractor has filed ST-220-TD with DTF in compliance with the law.

Respondents should complete and submit the certification forms within two business days of request (if the forms are not submitted to DTF and/or and returned with offer). Respondents shall take the necessary steps to provide properly certified forms within a timely manner to ensure compliance with the law, as failure to do so may render a respondent non-responsive and non-responsible.

Vendors may call DTF at 1-800-698-2909 for any and all questions relating to Tax Law § 5-a and relating to a company's registration status with DTF. For additional information and frequently asked questions, please refer to the DTF web site: http://www.tax.ny.gov

APPENDIX A:

Appendix A, Standard Clauses For New York State Contracts, dated June 2023, attached hereto, is hereby expressly made a part of this solicitation as fully as if set forth at length herein. Please retain this document for future reference.

APPENDIX B:

Appendix B, General Specifications (Commodities and Non-Technology Services), dated August 2012, attached hereto, is hereby expressly made a part of this solicitation as fully as if set forth at length herein and shall govern any situations not covered by this Proposal Document or Appendix A. Please retain this document for future reference.

CONFLICT OF TERMS AND CONDITIONS:

Conflicts between documents shall be resolved in the following order of precedence:

CONFLICT OF INTEREST:

Respondent must disclose any existing or contemplated relationship with any other person or entity, including relationships with any member, shareholders of 5% or more, parent, subsidiary, or affiliated firm, which would constitute an actual or potential conflict of interest or appearance of impropriety, relating to other clients/customers of the Respondent or former officers and employees of the Agencies and their Affiliates, in connection with your rendering services enumerated in this Solicitation. If a conflict does or might exist, please describe how your Staffing Firm would eliminate or prevent it. Indicate what procedures will be followed to detect, notify the Agencies of, and resolve any such conflicts.

Offeror must disclose whether it, or any of its members, shareholders of 5% or more, parents, affiliates, or subsidiaries, have been the subject of any investigation or disciplinary action by the New York State Commission on Public Integrity or its predecessor State entities (collectively, "Commission"), and if so, a brief description must be included indicating how any matter before the Commission was resolved or whether it remains unresolved.

Additionally, a respondent will be required to submit the Vendor Assurance of No Conflict of Interest or Detrimental Effect located within this Solicitation as evidence of compliance with the foregoing.

EXECUTIVE ORDER NUMBER 177

Respondents must review Executive Order 177 prior to submitting proposals. You may access the executive order on the Governor’s website: https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/EO177.pdf Respondents shall complete the EO177 Certification form located within this RFP as evidence of compliance with the foregoing and submit with offer.

EXECUTIVE ORDER NUMBER 16

Respondents must review Executive Order 16 prior to submitting offers. You may access the executive order on the Governor’s website: https://www.governor.ny.gov/executive-order/no-16-prohibiting-state-agencies-and- authorities-contracting-businesses-conducting Respondents shall complete the EO16 Certification form located within this RFP as evidence of compliance with the foregoing and submit with bid.

SEXUAL HARASSMENT PREVENTION:

Pursuant to New York State Finance Law § 139-l, every solicitation made on or after January 1, 2019 to the State or any public department or agency thereof, where competitive bidding is required by statute, rule or regulation, for work or services performed or to be performed or goods sold or to be sold, and where otherwise required by such public department or agency, shall contain a certification that the Respondent has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of New York State Labor Law § 201-g: https://www.nysenate.gov/legislation/laws/LAB/201-G New York State Labor Law § 201-g provides requirements for such policy and training and directs the Department of Labor, in consultation with the Division of Human Rights, to create and publish a model sexual harassment prevention guidance document, sexual harassment prevention policy and sexual harassment prevention training program that employers may utilize to meet the requirements of New York State Labor Law § 201-g. The model sexual harassment prevention policy, model sexual harassment training materials, and further guidance for employers, can be found online at the following URL: https://www.ny.gov/combating-sexual-harassment-workplace/employers Pursuant to New York State Finance Law § 139-l, any submission by a corporate Respondent containing the certification required above shall be deemed to have been authorized by the board of directors of such Respondent, and such authorization shall be deemed to include the signing and submission of such proposal and the inclusion therein of such statement as the act and deed of the Respondent.

If the Respondent cannot make the required certification, such Respondent shall so state and shall furnish with the bid a signed statement that sets forth in detail the reasons that the Respondent cannot make the certification. After review and consideration of such statement, DOCCS may reject the bid or may decide that there are sufficient reasons to accept the bid without such certification.

PREVAILING WAGE RATES - PUBLIC WORKS AND BUILDING SERVICES CONTRACTS:

Work being bid is subject to the prevailing wage rate provisions of New York State Labor Law. See "Prevailing Wage Rates - Public Works and Building Services Contracts" in Appendix B, General Specifications. Any federal or State determination of a violation of any public works law or regulation, or labor law or regulation, or any OSHA violation deemed "serious or willful" could be grounds for a determination of vendor non-responsibility and rejection of submission. If you have any questions or to obtain Prevailing Wage Rates please contact the NYS Department of Labor, Bureau of Public Works at www.labor.ny.gov

The applicable prevailing wage rate schedule for this project is PRC# 2025014368

CERTIFICATE OF INSURANCE:

Offerors must have the necessary insurance to comply with New York State requirements. A copy of that insurance certificate shall be submitted from the successful Respondent.

Prior to providing any service to the State of New York, the Offeror must provide another copy of the insurance certificate naming the State of New York and New York State Department of Corrections and Community Supervision as "additional named insured" in its liability policy.

Commercial General Liability Insurance: Such liability shall be written on the current edition of ISO occurrence form CG 00 01, or a substitute form providing equivalent coverage and shall cover liability arising from premises operations, independent contractors, products-completed operations, broad form property damage, personal & advertising injury, cross liability coverage, liability assumed in a contract (including the tort liability of another assumed in a contract) [and explosion, collapse & underground coverage].

· Policy shall include bodily injury, property damage and broad form contractual liability coverage.

· General Aggregate

· Products – Completed Operations Aggregate

· Personal and Advertising Injury

· Each Occurrence Coverage shall include, but not be limited to, the following:

· Premises liability;

· Independent contractors;

· Blanket contractual liability, including tort liability of another assumed in a Contract;

· Defense and/or indemnification obligations, including obligations assumed under a Contract;

· Cross liability for additional insureds;

· Products/completed operations for a term of no less than three [1-3] years, commencing upon acceptance of the work, as required by the Contract;

· [Explosion, collapse and underground hazards; and

· Contractor means and methods].

Proof of Compliance with Workers’ Compensation Coverage Requirements:

An ACORD form is NOT acceptable proof of workers’ compensation coverage. In order to provide proof of compliance with the requirements of the Workers’ Compensation Law pertaining to workers’ compensation coverage, an offeror shall:

· Be legally exempt from obtaining Workers’ Compensation insurance coverage; or

· Obtain such coverage from an insurance carrier; or

· Be a Workers’ Compensation Board-approved self-insured employer or participate in an authorized self-insurance plan.

An Offeror seeking to enter into a contract with the State of New York shall provide one of the following forms to DOCCS at the time of proposal submission or shortly after the opening of offers:

· Form CE-200, Certificate of Attestation for New York Entities With No Employees and Certain Out of State Entities, That New York State Workers’ Compensation and/or Disability Benefits Insurance Coverage is Not Required, which is available on the Workers’ Compensation Board’s website (www.wcb.ny.gov); (Reference applicable IFB# on the form.)

· Certificate of Workers’ Compensation Insurance:

· Form C-105.2 (9/07) if coverage is provided by the respondent’s insurance carrier, respondent must request its carrier to send this form to the New York State Office of General Services, or

· Form U-26.3 if coverage is provided by the State Insurance Fund, respondent must request that the State Insurance Fund send this form to Department of Corrections and Community Supervision - Division of Support Operations/Contract Procurement Unit, 550 Broadway, Menands, NY 12204.

· Form SI-12, Certificate of Workers’ Compensation Self-Insurance available from the New York State Workers’ Compensation Board’s Self-Insurance Office.

· Form GSI-105.2, Certificate of Participation in Workers’ Compensation Group Self-Insurance available from the respondent’s Group Self-Insurance Administrator.

Proof of Compliance with Disability Benefits Coverage Requirements:

In order to provide proof of compliance with the requirements of the Workers’ Compensation Law pertaining to disability benefits, a respondent shall:

· Be legally exempt from obtaining disability benefits coverage; or

· Obtain such coverage from an insurance carrier; or

· Be a Board-approved self-insured employer.

An Offeror seeking to enter into a purchase agreement with the State of New York shall provide one of the following forms to DOCCS at the time of proposal submission or shortly after the opening of offers:

· Form CE-200, Certificate of Attestation for New York Entities With No Employees and Certain Out of State Entities, That New York State Workers’ Compensation and/or Disability Benefits Insurance Coverage is Not Required, which is available on the Workers’ Compensation Board’s website (www.wcb.ny.gov); (Reference applicable IFB # on the form.)

· Form DB-120.1, Certificate of Disability Benefits Insurance. Respondent must request its business insurance carrier to send this form to the New York State Office of General Services; or

· Form DB-120.2 Certificate of Participation in Disability or Disability and Paid Family Leave Benefits Group Self-Insurance; or

· Form DB-155, Certificate of Disability Benefits Self-Insurance. The Respondent must call the Board’s Self-Insurance Office at 518-402-0247 to obtain this form.

ALL OF THE ABOVE REFERENCED FORMS, EXCEPT CE-200, SI-12 & DB-155 MUST NAME:

Workers' Compensation - http://www.wcb.ny.gov/content/onlineforms/obtainC105.jsp Disability Benefits - http://www.wcb.ny.gov/content/onlineforms/obtainDB120-1.jsp Exemption - http://www.wcb.ny.gov/content/ebiz/wc_db_exemptions/requestExemptionOverview.jsp

BILLING:

Payment will be based on an invoice used in the supplier’s normal course of business. Each company invoice must be itemized and include ALL of the following information:

· A unique invoice number

· NYS Contract Number (if applicable)

· Offeror’s New York State Supplier (Vendor) ID

· Purchase Order Number

· PO Line Number and Description Invoices without the above stated information will be returned to Respondent to be completed as required in the paragraph above. Payment will not be issued and will not be due and owing until a corrected invoice is received and approved by DOCCS.

All Invoices are to be submitted for payment to:

Business Service Center Accounts Payable 1220 Washington Ave., Building 5, 5th Floor Albany, NY 12226 -or- accountspayable@ogs.ny.gov

INTEREST: Interest on late payment is governed by State Finance Law, Section 179-M. Vendors terms and conditions are not valid or considered for the purpose of this procurement.

PRICING: The Proposal amounts shall be inclusive of all costs including travel, licenses, insurance, administrative, profit and other ancillary costs regardless of the amount of time required or the number of visits made to the site.

Offeror is to provide a detailed proposal listing all work to be performed, the manner in which it will be performed, and the number and type of workers (e.g. laborer, electrician) that will be assigned to each step. Proposal must include all labor, material, equipment, and all other ancillary costs required to complete project in solicitation in full. Submission must include expected time frame of duration of work if over 1 day as well as the expected numbers of workers on-site each day.

For evaluation purposes, an estimated number of hours and an estimated dollar value of materials and parts will be used on proposal page. These are estimated figures only and the Respondent will be paid only for the actual, fair and reasonable time or materials that are utilized.

Respondent shall submit a completed RFP Package with all required information completed in addition to proposal. Failure to include all requested information may result in the rejection of the proposal.

DELIVERY: Delivery shall be expressed in number of calendar days required to make delivery/start work after receipt of a purchase order.

Work is required as soon as possible, and guaranteed dates may be considered in making award.

Delivery shall be made in accordance with instructions on Purchase Order from each agency. If there is a discrepancy between the purchase order and what is listed on the contract, it is the Respondent’s obligation to seek clarification from the ordering agency.

PURCHASE ORDERS:

Purchase orders are effective and binding upon the OFFEROR when placed in the mail and addressed to the OFFEROR at the address shown herein.

GENERAL REQUIREMENTS

The Respondent agrees:

· to adhere to all State and Federal laws and regulations in connection with the purchase agreement; and,

· to notify DOCCS of any changes in the legal status or principal ownership of the firm, forty-five (45) days in advance of said change.

· that in any purchase agreement resulting from this Solicitation, it shall be completely responsible for its work, including any damages or breakdowns caused by its failure to take appropriate action; and,

· that any purchase agreement resulting from this Solicitation may not be assigned, transferred, conveyed or the work subcontracted without the prior written consent of the Commissioner of DOCCS.

· that for reasons of safety and public policy, in any purchase agreement resulting from this Solicitation, the use of illegal drugs and/or alcoholic beverages by the Respondent or its personnel shall not be permitted while performing any phase of the work herein specified.

· that the Commissioner’s interpretation of specifications shall be final and binding upon the Respondent.

· that the Commissioner of DOCCS will make no allowance or concession to the Respondent for any alleged misunderstanding because of quantity, quality, character, location or other conditions.

· that should it appear that there is a real or apparent discrepancy between different sections of specifications concerning the nature, quality or extent of work to be furnished, it shall be assumed that the Respondent has based its bid on the more expensive option. Final decision will rest with the Commissioner of DOCCS.

· Inspection – For purposes of any purchase agreement resulting from this Solicitation, the quality of service is subject to inspection and may be made at any reasonable time by the State of New York. Should it be found that quality of services being performed is not satisfactory and that the requirements of the specifications are not being met, the Commissioner DOCCS may terminate the contract and employ another offeror to fulfill the requirements of the purchase agreement. The existing Respondent shall be liable to the State of New York for costs incurred on account thereof.

· Stop Work Order ‑ The Commissioner of DOCCS reserves the right to stop the work covered by this Solicitation and any purchase agreement resulting therefrom at any time that it is deemed the successful Respondent is unable or incapable of performing the work to the state’s satisfaction. In the event of such stopping, DOCCS shall have the right to arrange for the completion of the work in such manner as it may deem advisable and if the cost thereof exceeds the amount of the bid, the successful Respondent shall be liable to the State of New York for any such costs on account thereof. In the event that DOCCS issues a stop work order for the work as provided herein, the Respondent shall have ten (10) working days to respond thereto before any such stop work order shall become effective.

· that it is the Offeror's responsibility to maintain the equipment and materials provided for the work consistent with applicable safety and health codes.

DOCCS’ RESERVED RIGHTS

The State of New York DOCCS reserves the rights for the following:

· Reject any or all offers received in response to the Solicitation;

· Withdraw the Solicitation at any time, at the agency’s sole discretion;

· Make an award under the Solicitation in whole or in part;

· Disqualify a Respondent from receiving the award if the Respondent, or anyone in the Respondent's employ, has previously failed to perform satisfactorily in connection with public bidding or contracts;

· Seek clarifications and revisions of proposals;

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

· Prior to the proposal opening, amend the Solicitation specifications to correct errors or oversights, or to supply additional information, as it becomes available;

· Prior to the proposal opening, direct Respondents to submit modifications addressing subsequent Solicitation amendments;

· Change any of the scheduled dates;

· Eliminate any mandatory, non-material specifications that cannot be complied with by all of the prospective Respondents;

· Waive any requirements that are not material;

· Negotiate with the successful Respondent within the scope of the Solicitation in the best interest of the state;

· Conduct negotiations with the next responsible Respondent, should the Department be unsuccessful in negotiating with the selected Respondent;

· Utilize any and all ideas submitted in the proposals received;

· Every offer shall be firm and not revocable for a period of ninety (90) days from the bid opening, to the extent not inconsistent with section 2-205 of the uniform commercial code. Subsequent to such ninety (90) days, any offer is subject to withdrawal communicated in a writing signed by the Offeror, and;

· 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 an Offer and/or to determine an Offeror’s compliance with the requirements of the Solicitation.

Please Note: The State is not liable for any costs incurred by Respondents in the preparation and production of bids or for any work performed prior to the issuance of a contract.

PROPOSAL PRICE PAGE

Offeror shall submit a completed Proposal Price Page in addition to a detailed proposal. Each item must be complete with no lines omitted. See Pricing section above for further details.

Base Information A. Number of days expected to complete project in full: _______ Days B. Expected number of workers to complete project in full: _______ Workers C. Total hours anticipated to complete project in full: _______ Hours

Costs*

* Proposal amounts shall be inclusive of all costs including travel, licenses, insurance, administrative, profit and other ancillary costs regardless of the amount of time required or the number of visits made to the site.

Proposal G. Attach Detailed Proposal including all information required above that indicates how your company would complete all aspects of the project listed within the Scope of Work above. Include all information requested under Pricing. Information must be clear and thorough. List your company name on each page.

Printed name: ________________________

Title: ________________________

RETURN THIS PAGE AS PART OF THE BID

NOTES TO OFFERORS: FAILURE TO ANSWER THE QUESTIONS WILL DELAY THE EVALUATION OF YOUR PROPOSAL AND MAY RESULT IN REJECTION OF YOUR SUBMISSION.

Please Circle/Enter Answers Below

YES NO

· Do you have a contract with the General Services Administration (GSA) or Veterans Affairs (VA) for products offered? (Check all that apply.)

GSA VA NO

If yes, will you offer New York State pricing equal to or better than your GSA or VA pricing?

GSA VA NO

GSA VA NO

· Person or persons to contact for expediting New York State contract orders: Name:

Title:

Telephone Number:

E-Mail Address:

· Person or persons to contact in the event of an emergency occurring after business hours or on weekend/holidays: State Normal Business Hours (Specify M-F, Sat, Sun):

Name:

Title:

Telephone Number:

Cellular Telephone Number:

E-Mail Address:

OFFERORS PLEASE ANSWER THE FOLLOWING QUESTIONS:

1. Are you a New York State resident business? YES NO

2. Total number of people employed by your business: __________

3. Total number of people employed by your business in New York State: _________

4. Is your business independently owned and operated? YES NO

5. OFFEROR’S PRINCIPAL PLACE OF BUSINESS*: __________________________

* "Principal Place of Business" is the location of the primary control, direction and management of the enterprise.

ENCOURAGING THE USE OF NEW YORK STATE (NYS) BUSINESSES: NYS businesses have a substantial presence in State Contracts and strongly contribute to the economies of the state and the nation. In recognition of their economic activity and leadership in doing business in NYS, Bidders/Proposers for this contract for commodities, services or technology are strongly encouraged and expected to consider NYS businesses in the fulfillment of the requirements of the purchase agreement. Such partnering may be as subcontractors, suppliers, protégés or other supporting roles. Bidders/Proposers need to be aware that all authorized users of this agreement will be strongly encouraged, to the maximum extent practical and consistent with legal requirements, to use responsible and responsive NYS businesses in purchasing commodities that are of equal quality and functionality and in utilizing services and technology. Furthermore, Bidders/Proposers are reminded that they must continue to utilize small, minority and women-owned businesses, consistent with current State law. Utilizing NYS businesses in State Contracts will help create more private sector jobs, rebuild NY’s infrastructure, and maximize economic activity to the mutual benefit of the Vendor and its NYS business partners. NYS businesses will promote the Offeror’s optimal performance under the purchase agreement, thereby fully benefiting the public-sector programs that are supported by associated procurements. Public procurements can drive and improve the State’s economic engine through promotion of the use of NY businesses by its Contractors. The State therefore expects Bidders/Proposers to provide maximum assistance to NY businesses in their use of the purchase agreement. The potential participation by all kinds of NY businesses will deliver great value to the State and its taxpayers. Bidders/Proposers can demonstrate their commitment to the use of NYS businesses below: Will NYS Businesses be used in the performance of this project?

______ Yes ______ No If yes, identify NYS Business(es) that will be used: ________________________________________________________________________________________________________________________________________________________

NEW YORK STATE CERTIFIED SERVICE-DISABLED VETERAN-OWNED BUSINESS (SDVOB): Is company certified by the New York State Office of General Services Division of Service-Disabled Veterans’ business Development as a SDVOB pursuant to Executive Law, Article 17-B. See http://www.ogs.gov/Core/SDVOBA.asp for additional information. Yes No (Circle)

NEW YORK STATE SMALL BUSINESS STATUS: Is company a business resident in New York State, independently owned and operated, not dominant in its field, and employing one hundred or fewer persons?

Yes No (Circle)

STATE EMPLOYMENT: Are you or any company office or any party owning or controlling more than 10% of your stock or any member of your firm/organization an officer or employee of New York State?

Yes No (Circle)

NEW YORK STATE CERTIFIED M/WBE STATUS: Is company certified by New York State Department of Economic Development as a Minority-Owned or Women-Owned Business Enterprise pursuant to Executive Law, Article 15-A? Yes No (Circle)

PROCUREMENT LOBBYING CERTIFICATION: By signing, the Offeror/Bidder affirms that it understands and agrees to comply with the NYS Office of General Services (OGS) procedures relative to permissible contacts, as required by State Finance Law §139-j and §139-k.

By: _____________________________________ Date:_______________________________ Name: _________________________________ Title:_______________________________

RETURN THIS PAGE AS PART OF THE BID

Prior Non-Responsibility Determinations – State Finance Law §139-k

1. Has any Government Entity made a finding of Non-Responsibility against this organization/company? No Yes

2. If yes, was the basis for the finding of Non-Responsibility due to a violation of SFL§139-j or due to the intentional provision of false or incomplete information to a Government Entity? No Yes

3. Has any Government Entity terminated or withheld a procurement contract with this organization/company due to the intentional provision of false or incomplete information? No Yes

If yes to any of the above questions, provide complete details on a separate page and attach.

I certify that all information provided to the Governmental Entity with respect to State Finance Law §139-k is complete, true and accurate.

By: _____________________________________ Date:_______________________________ Name: _________________________________ Title:_______________________________

Procurement Lobbying Termination: DOCCS reserves the right to terminate this contract in the event it is found that the certification filed by the Offeror/Bidder in accordance with New York State Finance Law §139-k was intentionally false or intentionally incomplete. Upon such finding, DOCCS may exercise its termination right by providing written notice to the Offeror/Bidder in accordance with the written notification terms of the contract.

State Finance Law § 139-l Certification By submission of this bid, each Offeror and each person signing on behalf of any Respondent certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that the Respondent has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of section two hundred one-g of the labor law.

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

By signing you certify your express authority to sign on behalf of yourself, your company, or other entity and full knowledge and acceptance of this Certification document and that all information provided is complete, true and accurate.

By: _____________________________________ Date:_______________________________ Name: _________________________________ Title:_______________________________

EXECUTIVE ORDER NO. 177 CERTIFICATION

The New York State Human Rights Law, Article 15 of the Executive Law, prohibits discrimination and harassment based on age, race, creed, color, national origin, sex, pregnancy or pregnancy-related conditions, sexual orientation, gender identity, disability, marital status, familial status, domestic violence victim status, prior arrest or conviction record, military status or predisposing genetic characteristics.

The Human Rights Law may also require reasonable accommodation for persons with disabilities and pregnancy-related conditions. A reasonable accommodation is an adjustment to a job or work environment that enables a person with a disability to perform the essential functions of a job in a reasonable manner. The Human Rights Law may also require reasonable accommodation in employment on the basis of Sabbath observance or religious practices.

Generally, the Human Rights Law applies to:

· all employers of four or more people, employment agencies, labor organizations and apprenticeship training programs in all instances of discrimination or harassment;

· employers with fewer than four employees in all cases involving sexual harassment; and,

· any employer of domestic workers in cases involving sexual harassment or harassment based on gender, race, religion or national origin.

In accordance with Executive Order No. 177, the Contractor hereby certifies that it does not have institutional policies or practices that fail to address the harassment and discrimination of individuals on the basis of their age, race, creed, color, national origin, sex, sexual orientation, gender identity, disability, marital status, military status, or other protected status under the Human Rights Law.

Executive Order No. 177 and this certification do not affect institutional policies or practices that are protected by existing law, including but not limited to the First Amendment of the…