Form 7554-10

BID BOND

BOND NO. _________________________________

KNOW ALL PERSONS BY THESE PRESENTS, that _______________________________________________________________ having an office at

(hereinafter called the “Principal”) and the

(hereinafter called the “Surety”) are held and firmly bound unto the State University of New York (hereinafter called the University) in the full and just sum of dollars ($_________________________)

(in words) (in figures) good and lawful money of the United States of America, or in the full and just sum of the difference between the Total Bid of the Principal and the Total Bid of the bidder submitting the next lowest bid, whichever sum shall be higher, for the payment of which said sum of money, well and truly to be made and done, the Principal binds itself, its heirs, executors, administrators, successors and assigns and the Surety binds itself, its successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted to the University a Proposal for Project No. _____________________________________

Titled ___________________________________________________________________________________________________ which Proposal is incorporated herein by reference and made a part hereof as fully and to the same extent as if set forth at length herein;

NOW, THEREFORE, the condition of this obligation is such that in the event (1) the Principal's Total Bid is the lowest one submitted and the Principal timely provides the Post-Bid Information required under Section 8 of the Information for Bidders or (2) the

University shall accept the Proposal of the Principal and the Principal shall enter into a Contract with the University in accordance with the terms of such Proposal and/or enter into certain prescribed subcontracts in accordance with the terms of such Proposal and give such Bond or Bonds as may be specified in the Bidding or Contract Documents, then this obligation shall be null and void, otherwise to remain in full force and effect.

Page 1 of 3 SUNY Procedure 7554 Revised: March 2016

BID BOND

The Surety, for value received, hereby stipulates and agrees that the obligation of said Surety and its Bond shall be in no way impaired or affected by any extension of the time within which the University may accept the Proposal of the Principal and said

Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal has hereunto set its hand and seal and caused this instrument to be signed by its on this day of , 20

Principal By

IN WITNESS WHEREOF, the Surety has hereunto set its hand and seal and caused this instrument to be signed by its on this day of , 20

Surety By

Page 2 of 3 SUNY Procedure 7554

ACKNOWLEDGMENTS FOR BID BOND

(Acknowledgment by Principal, unless it is a Corporation)

STATE OF NEW YORK )

) ss.:

COUNTY OF )

On this day of , 20 , before me personally came

, to me known and known to me to be the person(s) described in and who executed the foregoing instruments and acknowledged that he / she executed the same.

Notary Public (Acknowledgment by Principal, if a Corporation)

STATE OF NEW YORK )

) ss.:

COUNTY OF )

On this day of , 20 , before me personally came

, to me known, who, being duly sworn, did depose and say that he / she resides in ;

that he / she is the of the , the corporation described in and which executed the foregoing instruments; that he / she knows the seal of said corporation; that the seal affixed to said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he / she signed their name thereto by like order.

Notary Public (Acknowledgment by Surety Company)

STATE OF )

) ss.:

COUNTY OF )

On this day of , 20 , before me personally came

, to me known, who, being by me duly sworn, did depose and say that he / she resides in ;

that he / she is the of the , the corporation described in and which executed the foregoing instruments; that he / she knows the seal of said corporation; that the seal affixed to said instruments is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he / she signed their name thereto by like order; and that the liabilities of said company do not exceed its assets as ascertained in the manner provided by the laws of the State of New York.

Notary Public

Page 3 of 3 SUNY Procedure 7554

Form 7557-121B

PROSPECTIVE BIDDERS NOTICE

MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE REQUIREMENTS:

CONSTRUCTION CONTRACTS

To Prospective Bidders:

Consistent with the State University of New York (SUNY)’s commitment and in accordance with Article 15-A of the New York State Executive Law, contractors are required to ensure that good faith efforts are made to include meaningful participation by Minority and Women-Owned Business Enterprises(MWBE).

These requirements apply to all SUNY construction contracts in excess of $100,000.

Receipt of the MWBE utilization plan is required within seven (7) business days after the bid opening, for construction contracts only. The Contract Administrator shall provide MWBE Utilization Plan Form

(107) to the campus MWBE Program Coordinator for review and approval for the three apparent low bidders (“Contractor”). The MWBE forms identified below shall be submitted by all bidders.

a. MWBE Utilization Plan (7557-107)

b. MWBE-EEO Staffing Plan (7557-108)

c. MWBE-EEO Policy (7557-104) or the vendor/contractor’s own EEO Policy Statement

If the Contractor’s MWBE participation rate shown on its MWBE Utilization Plan is below 30%, the campus MWBE Program Coordinator will provide a written notice of deficiency of the Utilization Plan within twenty

(20) business days of its submission to the contractor, as required under 5 NYCRR §142.4.

The notice will include, but not be limited to the following:

a. A list of NYS certified MWBEs that the contractor could potentially use within the contract scope of work;

b. The name of any MWBE which is not acceptable for the purpose of complying with the MWBE participation goals; and

c. Any other information which the MWBE Program Coordinator determines to be relevant to develop an approvable MWBE Utilization Plan.

The contractor shall respond to the notice of deficiency by submitting a revised MWBE Utilization Plan within seven (7) business days, as required by 5 NYCRR Part §142.6 (e) to the MWBE Program Coordinator.

If the deficiency is not corrected and the MWBE participation rate on the MWBE Utilization Plan is still below 30%, the contractor should request a waiver.

The Waiver Request Form submitted by the Contractor will include, but not be limited to, the following:

a. A request for partial or total waiver of MWBE goals as required by 5 NYCRR Part §142.6 (f) on Request for Waiver Form (Form 7557-114) provided by the University-wide MWBE Program Office.

b. Copy of the deficient Utilization Plan.

c. Work Scope of this contract. If there are subcontracting opportunities, please provide documentation d, e, and f.

d. Screenshot of searching results for available MWBEs in NYS M/WBE Directory.

e. Copy of email messages containing the request for quote, along with the responses from MWBEs.

f. Forms required to obtain this information are:

7557-101 – MWBE Contractor Solicitation Letter 7557-102 – MWBE Participation Quote http://www.suny.edu/sunypp/lookup.cfm?lookup_id=618 http://www.suny.edu/sunypp/documents.cfm?doc_id=611#forms http://www.suny.edu/sunypp/documents.cfm?doc_id=611#forms http://www.suny.edu/sunypp/documents.cfm?doc_id=772 https://ny.newnycontracts.com/FrontEnd/VendorSearchPublic.asp?TN=ny&XID=4687 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=612 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=613

7557-103 – MWBE Contractor Unavailability Certification

Please submit the above documentations by mail, fax, or email:

[CAMPUS

NAME]

[CAMPUS MWBE PROGRAM COORDINATOR]

[CAMPUS ADDRESS]

Fax: [CAMPUS FAX] Tel: [CAMPUS PHONE] Email: [CAMPUS CONTACT]

- OR - IF APPLICABLE

Please submit the above documentation to the University-wide MWBE Program Office:

SUNY System Administration at State University Plaza, Office of Diversity, Equity and Inclusion University-wide MWBE Program Albany, NY 12246 Fax: (518)-320-1548 Tel: (518)-320-1452 Email: MWBEProgram@suny.edu

Information regarding this legislation may be found at: Participation by Minority Group Members and Women (MWBEs) with Respect to State University of New York Contracts on the State University of New York web site.

http://www.suny.edu/sunypp/documents.cfm?doc_id=614 http://www.suny.edu/sunypp/documents.cfm?doc_id=611#authority http://www.suny.edu/sunypp/documents.cfm?doc_id=611#authority http://www.suny.edu/ http://www.suny.edu/

STATE UNIVERSITY OF NEW YORK

MWBE UTILIZATION PLAN INSTRUCTIONS

(FOR ALL CONTRACT TYPES)

A letter of explanation and documentation of efforts should accompany any MBE/WBE Utilization Plan that falls short of the stated goals. Without an approved MBE/WBE Utilization Plan, SUNY’s Notice of Award and Contract may be withheld.

If you have questions or need assistance related to the SUNY’s Minority and Women’s Business requirements call the University-wide MWBE Program Office at 518-320-1189 or email MWBEprogram@suny.edu.

1. The three low bidding contractors (“Contractors”) are required to submit a Utilization Plan (107) to the MWBE

Program Coordinator within seven (7) calendar days after the opening of bids for construction contracts exceeding $100,000.

2. The MWBE Program Coordinator is required to submit the mandatory MWBE documentation to the University-wide MWBE Program Office web based contract management system for commodity, service and construction related consultant service contracts exceeding $25,000 for construction project exceeding $100,000 upon contract execution.

3. The MBE and WBE goals are separate and not to be treated as one combined goal.

4. The MBE and WBE firms included are businesses the bidder seriously expects to include in the project activity.

5. The contractor reasonably commits to the dollar values included in the plan for participation by MBE and WBE subcontractors and suppliers.

6. MBE and WBE firms must be certified by the New York State Department of Economic Development, Division of Minority and Women Business Development. A directory of certified minority and women-owned business enterprises is available on the internet at https://ny.newnycontracts.com/FrontEnd/VendorSearchPublic.asp.

7. Contractors utilizing MWBE firms for supplies/materials/equipment whose NYS certification profile designates them as Broker will receive an MWBE utilization credit for the actual monetary value of the broker fees or the actual markup percentage of the items brokered.

8. MBE and WBE Participation:

The actual services provided by the MBE or WBE must be essential in the performance of the scope of work for the applicable contract. Utilization of a certified MBE or WBE as a conduit or pass through for participation credit is strictly prohibited. It is the discretion of University-wide MWBE Program to determine whether services are essential in the performance of the scope of work and offer a determination of the appropriateness of work allowed for lower tier subcontracting in accordance with practices generally accepted in the construction industry. The services the MBE or WBE will provide must be among those explicitly identified in the profile (codes) of firm as listed in the NYS Empire State Development Directory of Certified MWBEs. Firms submitted or who participate in the project outside of these conditions and without specific prior approval by SUNY will not be credited toward the MWBE Utilization Plan and goals for the contract.

9. Prior to submitting the Plan, the bidders should confirm the following:

a. MBE and WBE firms are NYS certified;

b. MBE or WBE designation ~ Dual certified firms may be used as either but not both;

c. MBE and WBE firms are being used for item(s) within their certification product codes;

d. MBE and WBE firms will perform work for which they have been submitted; and

e. 2nd tier subcontractors and/or suppliers are noted as such and the purchaser of the product identified (i.e.

purchase by electrical sub) mailto:MWBEprogram@suny.edu

The prime Contractor is responsible for ensuring participation provided by subcontractors for 2nd and 3rd tier MBE and WBE participation.

Submission of a Utilization Plan which fails to meet or exceed each goal shall be accompanied by documentation of specific efforts undertaken both pre and post bid. The campus MWBE Program Coordinator will review and notify Contractor of its assessment.

The University-wide MWBE Program Office in collaboration with the campus MWBE Program Coordinator will review the Utilization Plan and notify the contractor of any deficiencies and determine necessary actions to bring the Utilization Plan into compliance. The University-wide MWBE Program Office reserves the right to require the contractor to provide sufficient documentation of the efforts made in the development of the Plan. The documentation should meet the good faith efforts standard under 5 NYCRR Part §141.6, and demonstrate the contractor’s commitment to providing opportunities for MBE and WBE firms in the development of the plan.

A copy of the approved Utilization Plan will be provided to the contractor after issuance of Notice of Award.

MWBE FORM (107) INSTRUCTIONS

Requested information must be completed and submitted within seven (7) days after the bid opening.

Subcontractor Name & Address Name & Address of each MBE/WBE subcontractor or supplier

MBE or WBE Minority (MBE) or Women (WBE) Designation

Federal ID Provide accurate Federal ID number of each MBE/WBE subcontractor or supplier

Dollar Value of Subcontract or Purchase Order This is the total value of the signed subcontract. If this value is different from the amount in the approved MBE/WBE utilization plan, an explanation should be provided.

Description of Work or Supplies Brief description of work performed or supplies provided by the MBE/WBE subcontractor or supplier

Schedule This is the anticipated start and completion dates for each MBE/WBE subcontractor or supplier.

Do not include the construction schedule for the life of the entire project.

Signature To be signed by an Officer of the Company

The information included on the form is subject to verification by the campus MWBE Program Coordinator.

The campus MWBE Program Coordinator must be notified prior to changes made to the approved

MBE/WBE Utilization Plan.

Questions regarding this form should first be directed to the campus MWBE Program Coordinator (click the link and be directed to the SUNY MWBE Campus Contacts directory on the University-wide MWBE web site).

Questions regarding this form should be directed to the University-wide MWBE Program Office at (518) 320- 1189 or via e-mail: MWBEprogram@suny.edu.

Submit To:

State University of New York

Office of Diversity, Equity and Inclusion University-wide MWBE Program 353 Broadway

Albany, NY 12246 Or MWBEProgram@suny.edu http://www.suny.edu/meansbusiness/mwbe/mwbe-contacts/ mailto:MWBEProgram@suny.edu

UNIVERSITY-WIDE MWBE PROGRAM

UTILIZATION PLAN

Form 7557-107, July, 2014 Page 1 of ___

SUNY Project No. ____________________ Bid Date: Click here to enter a date. Agreement/Contract Value: ___________________ Contractor: _________________________ Primary Contact: _________________________________________________ Address: _________________________ City: ____________________ State: ____________________ Zip Code: ___________ Phone Number: _______________________ Fax Number: _________________ E-Mail: ___________________________

GOALS: MBE % WBE % Campus: ___________________________________

SUBCONTRACTOR FEDERAL ID #

DOLLAR VALUE OF

CONTRACT OR

PURCHASE ORDER

DESCRIPTION OF WORK OR SUPPLIES

SUBCONTRACTOR/SUPPLIER

SCHEDULE

START DATE COMPLETION

DATE

Company Name: _________________________ Street Address: _________________________ Contact Name: _________________________ E-Mail Address: _________________________ Check One: MBE ☐ WBE ☐

Click here to enter a date.

Click here to enter a date.

Company Name: _________________________ Street Address: _________________________ Contact Name: _________________________ E-Mail Address: _________________________ Check One: MBE ☐ WBE ☐

Click here to enter a date.

Click here to enter a date.

Company Name: _________________________ Street Address: _________________________ Contact Name: _________________________ E-Mail Address: _________________________ Check One: MBE ☐ WBE ☐

Click here to enter a date.

Click here to enter a date.

Company Name: _________________________ Street Address: _________________________ Contact Name: _________________________ E-Mail Address: _________________________ Check One: MBE ☐ WBE ☐

Click here to enter a date.

Click here to enter a date.

In accordance with the SUNY Contract Documents and Executive Law Article 15-A, my firm seriously expects to use the NYS certified MBE/WBE certified firms listed above. The Contractor shall immediately notify and request approval prior to any changes to this plan from the University-wide MWBE Program Office.

NAME: TITLE: COMPANY OFFICER’S SIGNATURE DATE:

______________________________________ _____________________________________ _____________________________________ Click here to enter a date.

APPROVED: DEFICIENT: MWBE PROGRAM COORDINATOR: ________________________________ DATE:______________

MWBE Form 104

MINORITY AND WOMEN’S BUSINESS - EQUAL EMPLOYMENT

OPPORTUNITY PROGRAM POLICY STATEMENT

Policy Statement

The _____________________commits to carrying out the intent of the New York State

(Name of Campus, Consultant, Contractor) Executive Law, Article 15-A which assures the meaningful participation of minority and women’s business enterprises in contracting and the meaningful participation of minorities and women in the workforce on activities financed by public funds.

Minority Business Officer

________________________is designated as the Minority Business Enterprise Officer (Name of Designated Officer) responsible for administering the Minority and Women’s Business-Equal Employment

Opportunity (M/WBE-EEO) program.

Phone____________________________________________________________

Email____________________________________________________________

M/WBE Contract Goals

_____% Minority Business Enterprise Participation

_____% Women’s Business Enterprise Participation

EEO Contract Goals

10% Minority Labor Force Participation

10% Female Labor Force Participation

(Authorized Representative)

Title:________________________________

Date:________________________________

MWBE Form 108

EEO STAFFING PLAN

Instructions on page 2

Solicitation No.:

Reporting Entity:

Report includes Contractor’s/Subcontractor’s:

□ Work force to be utilized on this contract

□ Total work force

Offeror’s Name:

□ Offerer

□ Subcontractor Subcontractor’s name________________

Offeror’s Address:

Enter the total number of employees for each classification in each of the EEO-Job Categories identified

EEO-Job Category

Total Work force

Work force by Gender

Work force by Race/Ethnic Identification

Total Male (M)

Total Female

(F)

White

(M) (F)

Black

Hispanic

Asian

Native American

Disabled

Veteran

Officials/Administrators

Professionals

Technicians

Sales Workers

Office/Clerical

Craft Workers

Laborers

Service Workers

Temporary /Apprentices

Totals

PREPARED BY (Signature): TELEPHONE NO.:

EMAIL ADDRESS:

DATE:

NAME AND TITLE OF PREPARER (Print or Type):

Submit completed with bid or proposal

MWBE Form 108

General instructions: All Offerors and each subcontractor identified in the bid or proposal must complete an EEO Staffing Plan (ADM/EEO 100) and submit it as part of the bid or proposal package. For construction, except for contracts of $100,000 or less, the three lowest bidders shall submit to the University for its approval an EEO Staffing Plan within seven (7) calendar days after the opening of bids. Where the work force to be utilized in the performance of the State contract can be separated out from the contractor’s and/or subcontractor’s total work force, the Offeror shall complete this form only for the anticipated work force to be utilized on the State contract. Where the work force to be utilized in the performance of the State contract cannot be separated out from the contractor’s and/or subcontractor’s total work force, the Offeror shall complete this form for the contractor’s and/or subcontractor’s total work force.

Instructions for completing:

1. Enter the Solicitation number that this report applies to along with the name and address of the Offeror.

2. Check off the appropriate box to indicate if the Offeror completing the report is the contractor or a subcontractor.

3. Check off the appropriate box to indicate work force to be utilized on the contract or the Offerors’ total work force.

4. Enter the total work force by EEO job category.

5. Break down the anticipated total work force by gender and enter under the heading ‘Work force by Gender’

6. Break down the anticipated total work force by race/ethnic identification and enter under the heading ‘Work force by Race/Ethnic Identification’. Contact the M/WBE

Permissible contact(s) for the solicitation if you have any questions.

7. Enter information on disabled or veterans included in the anticipated work force under the appropriate headings.

8. Enter the name, title, phone number and email address for the person completing the form. Sign and date the form in the designated boxes.

RACE/ETHNIC IDENTIFICATION

Race/ethnic designations as used by the Equal Employment Opportunity Commission do not denote scientific definitions of anthropological origins. For the purposes of this form, an employee may be included in the group to which he or she appears to belong, identifies with, or is regarded in the community as belonging. However, no person should be counted in more than one race/ethnic group. The race/ethnic categories for this survey are:

• WHITE (Not of Hispanic origin) All persons having origins in any of the original peoples of Europe, North Africa, or the Middle East.

• BLACK a person, not of Hispanic origin, who has origins in any of the black racial groups of the original peoples of Africa.

• HISPANIC a person of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race.

• ASIAN & PACIFIC a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent or the Pacific Islands.

ISLANDER

• NATIVE INDIAN (NATIVE a person having origins in any of the original peoples of North America, and who maintains cultural identification through tribal AMERICAN/ ALASKAN affiliation or community recognition.

NATIVE)

OTHER CATEGORIES

• DISABLED INDIVIDUAL any person who: - has a physical or mental impairment that substantially limits one or more major life activity(ies)

- has a record of such an impairment; or

- is regarded as having such an impairment.

• VIETNAM ERA VETERAN a veteran who served at any time between and including January 1, 1963 and May 7, 1975.

• GENDER Male or Female

Form 7564-121B

PROSPECTIVE BIDDERS NOTICE

SERVICE DISABLED VETERAN-OWNED BUSINESS ENTERPRISE REQUIREMENTS:

CONSTRUCTION CONTRACTS

To Prospective Bidders:

Consistent with the State University of New York (SUNY) ’s commitment and in accordance with Article 17-B of the New York State Executive Law and its implementing regulations, state agencies and contractors are required to ensure that good faith efforts are made to include meaningful participation by Service Disabled Veteran-Owned Business (SDVOB). The requirements apply to all SUNY construction contracts in excess of $100,000.

Receipt of the SDVOB Utilization Plan is required within seven (7) business days after the bid opening, for construction contracts. The SDVOB Utilization Plan Form No. 7654-107 shall be submitted by the three apparent low bidders (“Contractor”) to the campus MWBE Program Coordinator.

If the Contractor’s SDVOB participation rate shown on its SDVOB Utilization Plan is below 6%, the campus MWBE Program Coordinator will provide a written notice of deficiency of the Utilization Plan within twenty

(20) business days of its submission to the Contractor, as required under 9 NYCRR § 252.2(l)(4).

The notice will include but not be limited to the following:

a. A list of NYS certified SDVOBs that the Contractor could potentially use within the contract scope of work;

b. The name of any SDVOB that is not acceptable for the purpose of complying with the SDVOB participation goals; and

c. Any other information which the MWBE Program Coordinator determines to be relevant to developing an approvable Utilization Plan.

The Contractor shall respond to the notice of deficiency by submitting a revised SDVOB Utilization Plan within seven (7) business days, as required by 9 NYCRR § 252.2(l) (5) to the MWBE Program Coordinator.

If the deficiency is not corrected and the SDVOB participation rate on the SDVOB Utilization Plan remains below 6%, the Contractor should request a waiver.

The Waiver Request Form submitted by the Contractor will include but not limited to the following:

a. A request for partial or total waiver of SDVOB goals are required by (9 NYCRR § 252.2(m) (2) on Request for Waiver Form (Form 7564-114) provided by the University-wide MWBE Program Office.

b. Copy of the deficient Utilization Plan.

c. Work Scope of this contract. If there are subcontracting opportunities, please provide documentation d, e, and f.

d. Screenshot of searching result for available SDVOBs in Directory of NYS Certified SDVOBs.

e. Copy of email messages containing the request for quote along with the responses from MWBEs.

f. Forms required to obtain this information are:

7564-101 – SDVOB Contractor Solicitation Letter 7564-102 – SDVOB Participation Quote 7564-103 – SDVOB Contractor Unavailability Certification http://www.suny.edu/sunypp/lookup.cfm?lookup_id=625 http://ogs.ny.gov/Core/docs/CertifiedNYS_SDVOB.pdf http://www.suny.edu/sunypp/lookup.cfm?lookup_id=612 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=613 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=614

Please submit the above documentations by mail, fax, or email:

Please submit the above documentation to the campus MWBE Program Coordinator:

[CAMPUS

NAME]

[CAMPUS MWBE PROGRAM COORDINATOR]

[CAMPUS ADDRESS]

Fax: [CAMPUS FAX] Tel: [CAMPUS PHONE] Email: [CAMPUS CONTACT]

- OR - IF APPLICABLE

SUNY System Administration at State University Plaza, Office of Diversity, Equity and Inclusion University-wide MWBE Program Albany, NY 12246 Fax: (518)-320-1548 Tel: (518)-320-1452 Email: MWBEProgram@suny.edu

Information regarding this legislation may be found at: Division of Service-Disabled Veterans’ Business Development on the New York State Office General Services web site.

http://www.ogs.ny.gov/Core/SDVOBA.asp

STATE UNIVERSITY OF NEW YORK

SDVOB UTILIZATION PLAN

A letter of explanation and documentation of efforts must accompany any SDVOB Utilization Plan that falls short of the stated goals. Without an approved SDVOB Utilization Plan, SUNY’s Notice of Award and Contract may be withheld.

If you have questions or need assistance related to the SUNY’s Service-Disabled Veteran-Owned Business requirements call the University-wide MWBE Program Office at 518-320-1452 or email MWBEprogram@suny.edu.

1. The three low bidding contractors (“Contractors”) are required to submit a Utilization Plan (Form 7564-107) to the MWBE Program Coordinator within seven (7) calendar days after the opening of bids for construction contracts exceeding $100,000.

2. The MWBE Program Coordinator is required to submit the mandatory SDVOB documentation to the University-wide

MWBE Program Office web based contract management system for commodity, service and construction related consultant service contracts exceeding $25,000 and for construction project exceeding $100,000 upon contract execution .

3. The SDVOB firms included are businesses the Contractor seriously expects to include in the project activity.

4. The Contractor must reasonably commit to the dollar values included in the Utilization Plan for participation by

SDVOB subcontractors and suppliers.

5. SDVOB firms must be certified by the Division of Service-Disabled Veterans’ Business Development. A directory of certified minority and women-owned business enterprises is available on the internet at http://ogs.ny.gov/Core/Docs/CertifiedNYS_SDVOB.pdf. If you would like to receive an excel file containing the current the List of NYS Certified Service-Disabled Veteran-Owned Businesses and sign up to receive updates whenever we certify new businesses, please send a request to veteransdevelopment@ogs.ny.gov.

6. Contractors utilizing SDVOB firms for supplies/materials/equipment whose NYS certification profile designates them as Broker will receive an SDVOB utilization credit for the actual monetary value of the broker fees or the actual markup percentage of the items brokered.

7. SDVOB Participation:

The actual services provided by the SDVOB must be essential in the performance of the scope of work for the applicable contract. Utilization of a certified SDVOB as a conduit or pass through for participation credit is strictly prohibited. It is the discretion of SUNY University-wide MWBE Program to determine whether services are essential in the performance of the scope of work and to offer a determination of the appropriateness of work allowed for lower tier subcontracting, in accordance with practices generally accepted in the construction industry. The services the SDVOB will provide must be among those explicitly identified in the profile (codes) of the firm as listed in the SDVOB directory Division of Service-Disabled Veterans’ Business Development. Firms submitted or firms that participate in the project outside of these conditions and without specific prior approval by SUNY will not be credited toward the SDVOB Utilization Plan and goals for the contract.

8. Prior to submitting the Utilization Plan, the bidders should confirm the following:

a. SDVOB firms are NYS certified;

b. SDVOB firms are being used for item(s) within their certification product codes as indicated in their SDVOB

Directory firm profile;

c. SDVOB firms will perform work for which they have been submitted; and

d. 2nd tier subcontractors and/or suppliers are identified as such and SDVOB Utilization credit shall be given for 60% of the total contract value of supply purchases or services rendered (for example, when an electrical subcontractor purchases from a 3rd party supplier an SDVOB utilization credit will be given for 60% of the total contract value).

The prime Contractor is responsible for ensuring participation provided by subcontractors for 2nd and 3rd tier SDVOB participation.

mailto:veteransdevelopment@ogs.ny.gov

Submission of a Utilization Plan which fails to meet or exceed each goal shall be accompanied by documentation of specific efforts undertaken both pre- and post-bid. The campus MWBE Program Coordinator will review and notify Contractor of its assessment.

The University-wide MWBE Program Office in collaboration with the campus MWBE Program Coordinator will review the Utilization Plan and notify the Contractor of any deficiencies and determine necessary actions to bring the Plan into compliance. The University-wide MWBE Program Office reserves the right to require the Contractor to provide sufficient documentation of the efforts made in the development of the Utilization Plan. The documentation should meet the good faith efforts standard under 9 NYCRR § 252.2, and demonstrate the Contractor’s commitment to providing opportunities for SDVOB firms in the development of the Utilization Plan.

A copy of the approved Utilization Plan will be provided to the Contractor after issuance of Notice of Award.

SDVOB FORM (7564-107) UTILIZATION PLAN INSTRUCTIONS

Subcontractor Name & Address

Name & Address of each SDVOB subcontractor or supplier.

Federal ID

Provide accurate Federal ID number of each SDVOB subcontractor or supplier.

Dollar Value of Subcontract or Purchase Order

This is the total value of the signed subcontract. If this value is different from the amount in the approved SDVOB Utilization Plan, an explanation should be provided.

Description of Work or Supplies Brief description of work performed or supplies provided by the SDVOB subcontractor or supplier.

Schedule This is the anticipated start and completion dates for each SDVOB subcontractor or supplier. Do not include the construction schedule for the life of the entire project.

Signature To be signed by an Officer of the Company.

The information included on the Form 7564-107 is subject to verification by the campus MWBE Program Coordinator.

The campus MWBE Program Coordinator must be notified prior to changes made to the approved SDVOB Utilization Plan.

Questions regarding this form should first be directed to the campus MWBE Program Coordinator (click the link and be directed to the SUNY MWBE Campus Contacts directory on the University-wide MWBE web site.

Questions regarding this form should be directed to the University-wide MWBE Program Office at (518) 320- 1340 or via e-mail: MWBEprogram@suny.edu.

353 Broadway

Albany, NY 12246 Or MWBEProgram@suny.edu http://www.suny.edu/meansbusiness/mwbe/mwbe-contacts/

UNIVERSITY-WIDE SDVOB PROGRAM

Form 7564-107, June, 2016 Page 1 of ___

SUNY Project No. ____________________ Bid Date: Click here to enter a date. Agreement/Contract Value: ___________________ Contractor: _________________________ Primary Contact: _________________________________________________ Address: _________________________ City: ____________________ State: ____________________ Zip Code: ___________ Phone Number: _______________________ Fax Number: _________________ E-Mail: ___________________________

GOALS: SDVOB % Campus: ___________________________________

SUBCONTRACTOR FEDERAL ID #

DOLLAR VALUE OF

CONTRACT OR

PURCHASE ORDER

DESCRIPTION OF WORK OR SUPPLIES

SUBCONTRACTOR/SUPPLIER

SCHEDULE

START DATE COMPLETION

DATE

Company Name: _________________________ Street Address: _________________________ Contact Name: _________________________ E-Mail Address: _________________________

Click here to enter a date.

Click here to enter a date.

Company Name: _________________________ Street Address: _________________________

Click here to enter a date.

Company Name: _________________________ Street Address: _________________________

Click here to enter a date.

Company Name: _________________________ Street Address: _________________________

Click here to enter a date.

In accordance with the SUNY Contract Documents and Executive Law Article 17-B, my firm seriously expects to use the NYS certified SDVOB firms listed above. The Contractor shall immediately notify and request approval prior to any changes to this Utilization Plan from the Campus MWBE Program Coordinator.

NAME: TITLE: COMPANY OFFICER’S SIGNATURE DATE:

______________________________________ _____________________________________ _____________________________________ Click here to enter a date.

APPROVED: DEFICIENT: MWBE PROGRAM COORDINATOR: ________________________________ DATE: ______________

Form 7564-107, June, 2016 Page 1 of ___

SDVOB FORM (107) INSTRUCTIONS

A letter of explanation and documentation of efforts must accompany any SDVOB Utilization Plan that falls short of the stated goals. Without an approved SDVOB Utilization Plan, SUNY’s Notice of Award and Contract may be withheld.

If you have questions or need assistance related to the SUNY’s Service-Disabled Veteran-Owned Business requirements call the University-wide MWBE Program Office at 518-320- 1340 or email MWBEprogram@suny.edu.

1. The three low bidding contractors (“Contractors”) are required to submit an SDVOB Utilization Plan (Form 7465-107) to the MWBE Program Coordinator within seven (7) calendar days after the opening of bids for construction contracts exceeding $100,000.

2. The MWBE Program Coordinator is required to submit the mandatory SDVOB documentation to the University-wide MWBE Program Office after the opening of bids for commodity, service and construction related consultant service contracts exceeding $25,000 for the lowest bidding Contractor.

3. The SDVOB goals are not related to any other goals. Dual certified firms may be used to meet both MBE and SDVOB or WBE and SDVOB goals.

4. The SDVOB firms included are businesses the bidder seriously expects to include in the project activity.

5. The Contractor must reasonably commit to the values included in the Utilization Plan for participation by SDVOB subcontractors and suppliers.

6. SDVOB firms must be certified by the New York State Office of General Services Division of Service-Disabled Veterans’ Business Development. A directory of NYS

Certified Service-Disabled Veteran-Owned Businesses is available on the internet at http://ogs.ny.gov/Core/SDVOBA.asp.

7. Contractors utilizing SDVOB firms for supplies/materials/equipment whose NYS certification profile designates them as a Broker will receive an SDVOB utilization credit for the actual monetary value of the broker fees or the actual markup percentage of the items brokered.

8. SDVOB Participation:

The actual services provided by the SDVOB must be essential in the performance of the scope of work for the applicable contract. Utilization of a certified SDVOB as a conduit or pass through for participation credit is strictly prohibited. It is the discretion of the SUNY to determine whether services are essential in the performance of the scope of work and to offer a determination of the appropriateness of work allowed for lower tier subcontracting, in accordance with practices generally accepted in the construction industry. The services the SDVOB will provide must be among those explicitly identified in the profile (codes) of the firm as listed in the NYS Office of General Services Directory of Certified SDVOBs. Firms submitted or firms that participate in the project outside of these conditions and without specific prior approval by SUNY will not be credited toward the SDVOB Utilization Plan and goals for the contract.

9. Prior to submitting the Utilization Plan, the bidders should confirm the following:

a. SDVOB firms are NYS certified;

b. SDVOB designation ~ Dual certified firms may be used as MBE/SDVOB and/or WBE/SDVOB;

c. SDVOB firms are being used for item(s) within their certification product codes as indicated in their SDVOB Directory firm profile;

d. SDVOB firms will perform work for which they have been submitted; and

e. 2nd tier subcontractors and/or suppliers are identified as such and SDVOB Utilization credit shall be given for 60% of the total contract value of supply purchases or services rendered (for example, when an electrical subcontractor purchases from a 3rd party supplier an SDVOB utilization credit will be given for 60% credit of the total contract value).

http://ogs.ny.gov/Core/SDVOBA.asp

The prime Contractor is responsible for ensuring participation provided by subcontractors for 2nd and 3rd tier SDVOB participation.

Submission of a Utilization Plan which fails to meet or exceed each goal shall be accompanied by documentation of specific efforts undertaken both pre and post bid. The campus MWBE Program Coordinator will review and notify Contractor of its assessment.

The University-wide MWBE Program Office in collaboration with the campus MWBE Program Coordinator will review the Utilization Plan and notify the Contractor of any deficiencies and determine necessary actions to bring the Utilization Plan into compliance. The University-wide MWBE Program Office reserves the right to require the Contractor to provide sufficient documentation of the efforts made in the development of the Utilization Plan. The documentation should be responsive to good faith efforts and demonstrate the Contractor’s commitment to providing opportunities for SDVOB firms in the development of the Utilization Plan.

A copy of the approved Utilization Plan will be provided to the Contractor after issuance of Notice of Award.

Subcontractor Name & Address Name & Address of each SDVOB subcontractor or supplier.

SDVOB

Service-Disabled Veteran-Owned Designation.

Federal ID

Provide accurate Federal ID number of each SDVOB subcontractor or supplier.

Dollar Value of Subcontract or Purchase Order

This is the total value of the signed subcontract. If this value is different from the amount in the approved SDVOB Utilization Plan, an explanation should be provided.

Description of Work or Supplies

Brief description of work performed or supplies provided by the SDVOB subcontractor or supplier.

Schedule

This is the anticipated start and completion dates for each SDVOB subcontractor or supplier. Do not include the construction schedule for the life of the entire project.

Signature To be signed by an Officer of the Company.

The information included on the form is subject to verification by the University-wide MWBE Program Office.

The University-wide MWBE Program Office must be notified prior to changes made to the approved SDVOB Utilization Plan.

Questions regarding this form should be directed to the University-wide MWBE Program Office at (518) 320- 1452 or via e-mail: mwbeprogram@suny.edu.

353 Broadway

Albany, NY 12246 or MWBEProgram@suny.edu mailto:mwbeprogram@suny.edu

FORM A

Summary: Policy and Procedure of the State University of New York

Relating to State Finance Law §§139-j and 139-k

State Finance Law §§139-j and 139-k, enacted by Ch. 1 L. 2005, as amended by Ch. 596 L.

2005, effective January 1, 2006, regulate lobbying on government procurement, including procurements by State University to obtain commodities and services and to undertake real estate transactions.

Generally, the law restricts communications between a potential vendor or a person acting on behalf of the vendor, including its lobbyist, to communications with the officers and employees of the procuring agency designated in each solicitation to receive such communications.

Further, the law prohibits a communication (a “Contact”) which a reasonable person would infer as an attempt to unduly influence the award, denial or amendment of a contract. These restrictions apply to each contract in excess of $15,000 during the “restricted period” (the time commencing with the earliest written notice of the proposed procurement and ending with the later of approval of the final contract by the agency, or, if applicable, the State Comptroller). The agency must record all Contacts, and, generally, must deny an award of contract to a vendor involved in a knowing and willful Contact. Each agency must develop guidelines and procedures regarding Contacts and procedures for the reporting and investigation of Contacts. The agency’s procurement record must demonstrate compliance with these new requirements.

Accordingly, neither a potential vendor nor a person acting on behalf of the vendor should contact any individual at State University other than the person designated in this solicitation as State University’s Designated Contact, nor attempt to unduly influence award of the contract. State University will make a record of all Contacts, and such records of Contact will become part of the procurement record for this solicitation. A determination that a vendor or a person acting on behalf of the vendor has made intentionally a Contact or provided inaccurate or incomplete information as to its past compliance with State Finance Law §§139-j and 139-k is likely to result in denial of the award of contract under this solicitation. Additional sanctions may apply.

A complete copy of the State University of New York Procurement Lobbying Policy and

Procedure is available for review at www.suny.edu/sunypp/.

FORM B

Affirmation with respect to State Finance Law §§139-j and 139-k

A complete copy of the State University of New York Procurement Lobbying Policy and Procedure is available for review at www.suny.edu/sunypp/.

Procurement Description/ID No.

Offerer AFFIRMS that it has reviewed and understands the Policy and Procedure of the State University of New York, relating to State Finance Law §§139-j and 139-k, and agrees to comply with State University’s procedure relating to Contacts with respect to this procurement.

Name of Offerer:

Address:

Person Submitting Form:

Name:

Title:

http://www.suny.edu/sunypp/

FORM C

Disclosure and Certification with respect to State Finance Law §§139-j and 139-k

Procurement Description/ID No._______________________

1. Has a Governmental Entity, as defined in State Finance Law §139-j(1)(a), made a determination of non-responsibility with respect to the Offerer within the previous four years where such finding was due to a violation of State Finance Law §139-j or the intentional provision of false or incomplete information with respect to previous determinations of non-responsibility?

No ___ Yes ___

If yes, provide the following details:

Governmental Entity which made the finding:

Date of finding:

Basis of finding:

2. Has a Governmental Entity terminated or withheld a procurement contract with the Offer because of violations of State Finance Law §139-j or the intentional provision of false or incomplete information with respect to previous determinations of non-responsibility?

No ___ Yes ___

If yes, identify the following:

Governmental Entity which terminated the contract:

Date of contract termination or withholding:

Identify the related procurement contract:

Offerer CERTIFIES that all information provided by Offerer with respect to its compliance with State Finance Law §§139-j and 139-k is complete, true and accurate.

Name of Offerer:

Address:

Signature of Person Submitting Form:

Name:

Title:

Date:

Bidder’s Certifications SUNY Form 7554-20A / 7555-18A

SFL 139-L, 139-M, 139-D

Form 7554-20A & 7555-18A June 2026

NEW YORK STATE FINANCE LAW 139-L CERTIFICATION

Sexual Harassment Prevention in the Workplace Policy

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

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

Bidder Name: ____________________________________________________

By (signature): ____________________________________________________

Name: ____________________________________________________

Title: ____________________________________________________

Date: ______________________, 20__

New York State Department of Labor (NYSDOL)

Public Work Contractor and Subcontractor Registry (Applicable to Construction Contractors)

(1) Starting December 30, 2024, all contractors and subcontractors submitting bids or performing construction work on public work projects covered by Article 8 of the Labor Law are required to register with the New York State Department of Labor (NYSDOL) under Labor Law Section 220-i.

(2) Contractors must submit their certificate of registration at the time the bid is made.

(3) Contractors are responsible for verifying that subcontractors are registered. Subcontractors must be registered prior to commencing any work on a covered project.

(4) Contractors need to register before submitting any new bids or commencing new work on a covered project on or after December 30, 2024. Subcontractors need to register before commencing new work on a covered project on or after December 30, 2024.

https://www.nysenate.gov/legislation/laws/LAB/A8 https://www.nysenate.gov/legislation/laws/LAB/220-I

SUNY Procedure 7554 Form 7554-20 & 7555-18 November 2025

Gender-Based Violence and the Workplace Certification

New York State Finance Law §139-M requires bidders on competitive state procurements to certify that they have a written policy addressing gender-based violence and the workplace and that such policy meets the following minimum requirements:

● Share Information: Employers must provide information regarding gender-based violence where employees can see and access it, including displaying the NYS Domestic and Sexual Violence Hotline information and a gender-based violence and the workplace poster.

● Refer Employee-Survivors to Services: The policy must require that the employer refer employees who disclose current or past victim status to the NYS Domestic and Sexual Violence Hotline and/or a local service provider. For bidders outside of New York State, referrals should be made to a local provider or statewide hotline. While referrals are required to be provided by the employer, it is not required for the employee to access services.

● Prohibit Retaliation: The policy must clearly state that discrimination or retaliation against employees who identify as victims or survivors of gender-based violence is prohibited.

● Comply with Laws: Ensure your policy follows State law. For employers based in New York State, this means that the policy must follow the SAFE Leave Act, New York State Human Rights Law, and any other relevant laws and regulations.

● Offer Implementation Support: OPDV is able to assist employers in developing and implementing this policy. Employers must provide information to supervisors and human resources, where available, about this technical assistance from OPDV. OPDV can be contacted at workplace@opdv.ny.gov.

By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that the bidder has and has implemented a written policy addressing gender-based violence and the workplace and has provided such policy to all of its employees, directors and board members. Such policy shall, at a minimum, meet the requirements of subdivision 11 of section five hundred seventy-five of the executive law.

Organization’s signature below certifies its…