SUNY Geneseo Equestrian Facilities & Training Services RFP - C012025.pdf

SUNY Geneseo

Request for Proposals (RFP)

For

Equestrian Facilities & Training Services Ref. No. C012025

Deadline for submissions:

04/21/2026, 4:00 pm EST

Designated Contact:

Thomas Underwood Director of Purchasing

(585) 245-5100 underwoo@geneseo.edu mailto:underwoo@geneseo.edu

Table of Contents of CONTENTS

Summary Information Form

Overview

Background

Bidder Qualifications

Section 4.1: Minimum Bidder Qualifications

Section 4.2: Preferred Bidder Qualifications/Experience

Scope of Services

Cost Proposal

Section 6.1: Travel Costs

Key Events

Section 7.1: Bidder Questions

Section 7.2: Bid Opening

Method of Award

Section 8.1: Evaluation Process

Proposal Submission Requirements

Section 9.1: Proposal Format

Other Proposal Requirements

Section 10.1: Determination of Vendor Responsibility

Section 10.2: Procurement Lobbying Act – State Finance Law §§ 139-j and 139-k

Section 10.3: Non-Collusive Bidding Certification

Section 10.4: Executive Order 162 (EO 162)

Section 10.5: Executive Order 177 (EO 177)

Section 10.6: New York State Finance Law § 139-l Certification

Section 10.7: Diversity Requirements

Equal Employment Opportunity Requirements

Service-Disabled Veteran-Owned Businesses (SDVOB)

Minority and Women-Owned Business Enterprises (MWBE)

Assessment of Diversity Practices

Section 10.8: Subcontracting

Section 10.9: General Insurance Requirements

Section 10.10: Compliance with NYS Consulting Services Reporting Requirements

General Contract Terms & Conditions

Attachment 1: Bidder Checklist

Attachment 2: Bidder Qualifications Submission Form

Attachment 3: Diversity Practices Questionnaire

Attachment 4: New York State Human Rights Law Executive Order 177 Certification

Attachment 5: New York State Finance Law 139-l Certification

Attachment 6: Procurement Lobbying Act Certification

Attachment 7: Non-Collusive Bidding Certification

Attachment 8: NYS Business Subcontractor Identification Form

Attachment 9: Certification Under Executive Order No. 16

Attachment 10: Cost Proposal Form

Exhibit A: State University of New York Standard Contract Clauses

Exhibit A-1: State University of New York Affirmative Action Clauses

Exhibit B: SUNY General Contract Terms and Conditions

Exhibit C: SUNY Institutions

Exhibit D, SUNY Proposal Submission Guidelines

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

RFP #: C012025 RFP Title: Equestrian Facilities &

Training Services RFP Release Date: 3/24/26

Electronic copies of this RFP are available at: https://www.nyscr.ny.gov/ Key Events Requested Submission of Questions and Requests for Clarification 4/13/26, 2:00pm EST Response to questions/requests for clarification issued 4/16/26, 4:00pm EST Proposal Due Date and Time (Any proposal received after the deadline will not be considered)

4/21/26, 4:00pm EST

Anticipated Notification of Tentative Award (Pending AG and OSC approval) 4/28/26, 2:00pm EST Anticipated Contract Start Date 8/20/26

SUNY reserves the right, in its sole discretion, to modify the above schedule. Bidders will be notified of any changes in a timely manner Contact Information

Primary Contact:

Thomas Underwood Director of Purchasing & Central Services Doty Hall 315 SUNY Geneseo 1 College Circle Geneseo, NY 14454

(585) 245-5100 / underwoo@geneseo.edu

Secondary Contact:

Danielle Drews Director of Intercollegiate Athletics & Recreation Merritt Athletic Center 213 SUNY Geneseo 1 College Circle Geneseo, NY 14454

(585) 245-5343 / ddrews@geneseo.edu

Other Contact:

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

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

Identification Number:

D/B/A – Doing Business As (if applicable): NYS Vendor ID Number:

Street Address: City/State: Zip Code:

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

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

Bidders Signature: Title:

Printed Name: Date:

By signing this form, Bidder acknowledges (a) that the RFP instructions are understood; (b) that the Bidder is committed to servicing SUNY’s needs in the required time period; and (c) that all information required by this

RFP has been included in Bidder’s proposal.

Summary Information Form

This Request for Proposal (RFP) is issued by the State University of New York (herein after referred to as “SUNY”) to solicit proposals for a qualified stable to provide equestrian facilities, coaching, and training services for its intercollegiate athletic equestrian team sport. The SUNY Geneseo campus is located at 1 College Circle, Geneseo, New York 14454. The results of this RFP will be used to award a 5-year contract, starting on 8/20/26, to the Bidder determined to be most qualified.

Section 3.1: SUNY Geneseo Background

SUNY Geneseo, a forward-looking, selective public liberal arts college with a rich tradition of academic excellence, is consistently ranked among the best public undergraduate institutions in the country. The campus of approximately 4,000 students is located in the historic village of Geneseo in the beautiful Finger Lakes region of Western New York, 30 minutes from Rochester, on land that once belonged to the peoples who are now the Seneca Nation of Indians and the Tonawanda Seneca Nation. The 150-year-old institution is renowned for achieving remarkable results—even when facing challenges. The College has gained momentum through the pandemic, with a recently updated curriculum emphasizing diversity, pluralism, antiracism, global awareness, and integrative learning, and with major renovations to multiple core buildings underway. SUNY Geneseo is a member of the Council of Public Liberal Arts Colleges.

Geneseo has carved a distinctive niche in the higher education market by competing for outstanding students with some of the most exceptional private colleges in the nation. To learn more about Geneseo, visit https://www.geneseo.edu.

Section 4.1: Minimum Bidder Qualifications

A contract will be awarded only to a responsible, responsive and qualified Bidder, in a financial position to do the work specified. Proposals will be accepted only from Bidders meeting the following minimum qualifications:

A. Bidder’s stable must have qualified trainer/coach with proven experience training riders of all different levels through Intercollegiate Horse Show Association.

B. The trainer/coach must be trained in first aid, CPR and AED.

C. The indoor arena must be a minimum of 14,000 square feet.

Section 4.2: Preferred Bidder Qualifications/Experience

1. It is preferred that the trainer/coach to have the following credentials:

1. Knowledge of NCAA rules and regulations, and how they pertain to playing and practice seasons and the recruitment of student athletes;

Overview

Background

Bidder Qualifications http://www.geneseo.edu/ http://www.geneseo.edu/

2. An associate’s degree or higher; and

3. At least five (5) years teaching experience at the competitive intercollegiate level.

2. It is preferred for Bidder’s stable to be in close proximity to the SUNY Geneseo campus to allow students to get to and from practice without significant transportation costs.

A. Overview The SUNY Geneseo Equestrian program has averaged approximately 18 student-athletes over the last three years. The contractor will provide individual and team instruction, training, and riding opportunities Monday through Saturday at minimum 6 hours per week and in accordance with NCAA playing and practice season bylaws and is to be scheduled at the student athletes’ discretion and availability, and according to their riding level. Additionally, student-athletes will be limited to an additional 3 hours/week for general barn duties related to their assigned team horses (such as feeding, grooming, and cleaning stalls).

The Intercollegiate Horse Show Association allows riders with various degrees of experience in the hunter and western rider disciplines to compete individually or on a team. Meets will take place on weekends. Horses are not transported to away competitions, because each stable hosting a meet is responsible for providing the horses for that meet.

The contractor is responsible for all aspects of hosting requirements for an IHSA home meet.

Cost for additional staffing and amenities for SUNY Geneseo home meets will be reimbursed by the SUNY Geneseo Athletic Department with prior approval of expenses by Athletic Director.

The trainer/coach will provide services consistent with other part-time, varsity head coaches at SUNY Geneseo with responsibilities including but not limited to:

• Practice and competition preparation.

• Recruiting student-athletes that meet the academic and athletic missions of SUNY

Geneseo.

• Oversight for academic eligibility of student-athletes.

• Adherence to NCAA and IHSA rules and regulations.

• Timely completion of administrative requirements including budget and travel responsibilities, NCAA compliance, and adherence to SUNY Geneseo student-athlete health and safety policies and procedures and purchasing and accounting procedures.

B. Technical Specifications

1. Mandatory Technical Specifications

a. Facilities and Horses i Bidder’s stable must have horses of varying levels of competition and enough usable and safe tack to saddle necessary mounts for intercollegiate competition.

Scope of Services ii Bidder’s facilities must include both an indoor and outdoor arena for instruction. The indoor arena must be a minimum of 14,000 square feet.

iii Bidder’s stable must be able to demonstrate that horses are safe, well-schooled, well cared for, handled on a daily basis, and of varying levels of skill to be matched to different levels of riders.

iv Bidder’s stable must be able to dedicate a minimum of 10 horses for the use by SUNY Geneseo student-athletes. Additionally, Bidder’s stable must be able to provide for SUNY Geneseo home meets necessary horses for the duration of the academic year (September- May).

v Bidder’s stable must have safety plan in place for conduct of horses and riders in barn and arenas.

b. Trainer/Coach - Bidder must provide trainer/coach that meets the minimum Bidder’s qualifications set forth in Section 4.1.

C. Executive Summary

1. Bidders are to include an Executive Summary with their proposal that includes, but is not limited, to the following:

a. A description of Bidder’s indoor and outdoor arena facilities;

b. A description of Bidder’s ability to provide horses of varying levels and the necessary tack;

c. A description of Bidder’s horses and how they are schooled and cared for;

d. A description of the horses to be dedicated to SUNY Geneseo;

e. A copy of the safety plan that governs the conduct of horses and riders in the barn and arenas at Bidder’s stable;

f. A statement indicating the distance from Bidder's stable and training facilities to the

SUNY Geneseo campus, located at 1 College Circle, Geneseo, New York 14454;

g. Identification of the Trainer/Coach and any other primary staff proposed to work on this contract, including name, title, and contact information, and a description of their qualifications with respect to the criteria listed above in Section 4.1, Minimum Bidder Qualifications, and Section 4.2, Preferred Bidder Qualifications, and a current resume for the Trainer/Coach; and

h. Bidder’s overall ability to provide equestrian services to SUNY Geneseo as described herein.

Cost Proposal

Complete Attachment 10: Cost Proposal Submission Form. No modifications may be made to the Cost Proposal Submission Form and Bidders are encouraged to seek clarification. Modifications to the Cost Proposal Response Form may result in disqualification.

Cost proposals must be submitted in separate, sealed envelopes. No mention of cost should appear in the technical proposal. Failure to adhere to this requirement may result in disqualification.

• Items: Price shall be in accordance with the items listed or on the Cost Proposal Submission Form, if provided. No other charges, other than those listed in the items or on the Financial Proposal Submission Form shall be allowable under the agreement.

• Cost Adjustments: Adjustments (increase/decrease) of annual costs for the resulting contract shall not exceed inflation guidelines as established by the nationally accepted consumer price index (CPI) for each year. The specific inflation level will be based on the average CPI percentage for the twelve (12) month period ending ninety (90) days prior to contract renewal date. The approval document for this contract will be: U.S. Department of Labor Consumer Price Index, Northeast Urban, all Items.

• Preparation Costs: Bidder is responsible for all costs, direct or indirect, that it incurs related to the preparation and submission of a proposal in response to this event.

• Pricing: All prices and conditions must be included in the original proposal. Prices and conditions not included in the original proposal will be rejected.

• Quote Hold: The submission of a proposal constitutes a non-revocable, binding offer to perform and provide said services. Such binding offer shall be firm and not revocable for a period of [180] days from event close date. Subsequent to such [180] days, the proposal is subject to withdrawal communicated in writing and signed by the Bidder.

• Tax Exempt: SUNY is exempt from sales tax. All prices should be quoted without the sales tax.

Section 6.1: Travel Costs

In the event the Contractor is allowed to be reimbursed for travel, such travel must be pre-approved and reimbursement rates shall not exceed the current NYS Schedule of Allowable Reimbursable Travel Expenses, available from the New York State Comptroller at:

https://www.osc.state.ny.us/agencies/travel.htm

Section 7.1: Bidder Questions

If a Question and Answer period is provided for this solicitation, the schedule will be shown on the Summary Information Form, “Key Events,” provided on the first page of this RFP. All questions must be submitted in writing, citing the particular RFP page, section, and paragraph numbers where applicable. Bidders should make best efforts to ensure all questions are submitted via email to the Designated Contacts no later than the time listed in the Key Events table in Section 1, Summary Information Form as questions received after the closing date for inquiries may not be responded to prior to the proposal due date. Only written answers are official. All Questions and Answers will be issued as addenda to this RFP and will be provided in writing to all potential Bidders.

Key Events https://www.osc.state.ny.us/agencies/travel.htm

It is the responsibility of the Bidder to inquire about any requirement of this event that is not understood.

SUNY will not be bound by oral responses to inquiries or written responses other than addenda.

Section 7.2: Bid Opening

SUNY reserves the right to not hold a public bid opening or at any time to postpone or cancel a scheduled bid opening. In the event a public bid opening is scheduled, Bidders will be notified.

Section 8.1: Evaluation Process

This RFP is part of a competitive procurement process designed to serve the best interests of the State University of New York and the People of the State of New York. It is also designed to provide all Bidders with a fair and even opportunity to have their products and services considered. SUNY will conduct a comprehensive review of each responsive bid submitted in accordance with the terms of this RFP. Proposals will be evaluated on the basis of “best value” by an evaluation committee comprised of SUNY representatives, and shall be conducted in the following steps:

1. Administrative Review Each proposal received by the due date and time will be screened for completeness and conformance of submission in accordance with Section 9, Proposal Submission Requirements.

2. Minimum Bidder Qualifications Review

Each proposal remaining after Administrative Review will advance to the evaluation committee to review responses for a determination of whether the Bidder has met the Minimum Bidder Qualifications.

Information provided in the proposal will be used to validate Minimum Bidder Qualifications and SUNY reserves the right to contact client references to validate required experience. If review of response and reference checks determine the Bidder does not meet Minimum Bidder Qualifications, the proposal will be deemed non-responsive and will not be considered further.

3. Technical Evaluation Each proposal remaining after Minimum Bidder Qualifications Review will advance for review and independent evaluation and scoring by the technical review evaluation committee. If the technical evaluation determines the Bidder’s proposal does not meet any mandatory requirements, the proposal will be deemed inadequate and will not be considered further.

4. Cost Evaluation The Cost Proposals of each bid remaining after the Technical Evaluation will be independently evaluated and scored by the designated contract officer. The Bidder’s proposal offering the lowest cost will receive the maximum available points and all other Bidders’ proposals will be scored proportionately.

Specifically, the cost score will be calculated according to the following formula:

Method of Award

Low Bidder's Cost ÷ by Bidder's Cost Being Evaluated x Points Weighting

Sample:

For example, if Cost is 50 points, the calculation would be as follows:

Bidder A $60,000 Bidder B $65,000 Bidder C $70,000

Bidder A would be awarded the full 50 points Bidder B would be $60,000 ÷ $65,000 x 50 = 46.15 points awarded Bidder C would be $60,000 ÷ $70,000 x 50 = 42.86 points awarded

5. Finalist Review

In accordance with Section 163 (9) f of the NYS Finance Law, prior to making a contract award each contracting agency shall make a determination of responsibility of the proposed Contractor as discussed in Section 8.1,Vendor Responsibility. SUNY will conduct a review of vendor responsibility for the Bidder earning the highest final composite score, and any proposed subcontractors. SUNY will consider any information that raises issues concerning the vendor’s responsibility, with consideration given to its relevance to the scope of work. The review will include factors such as financial and organizational capacity, legal authority, integrity and previous contract performance.

6. Selection Proposals will be evaluated on the basis of “best value” by an evaluation committee comprised of SUNY representatives, utilizing an evaluation methodology that considers the following factors:

Technical Proposal % Quality of Training Facilities/Arenas and Tack (indoor and outdoor arenas; enough usable and safe tack to saddle necessary mounts for competition)

Quality of Horses to be Dedicated to SUNY Geneseo (supporting varying levels of riders and competition; safe, well-schooled, well cared for, handled on a daily basis; minimum of 10 horses)

Quality of Safety Plans (governing conduct of horses and riders in barn and training facilities/arenas)

Quality of Trainer/Coach (Experience training riders of varying levels through the Intercollegiate Horse Show Association; trained in first aid, CPR, and AED;

education level; knowledge of NCAA rules & regulations and how they pertain to student-athlete playing and practice seasons and recruitment; teaching experience at the competitive intercollegiate level) Proximity to Campus

Total Technical Proposal 60% Cost Proposal 40% Total 100%

The Bidder earning the highest final composite score may be selected for a contract award with SUNY and, if selected, will be notified by SUNY. Contract award shall be made by issuance of an award notice. All Bidders will be notified of the name of the selected awardee. SUNY contracts may be subject to approval by the NYS Attorney General and the Office of the State Comptroller. SUNY reserves the right to award no contract pursuant to this RFP.

7. SUNY reserves the right to:

A. Reject any and all proposals received in response to this RFP, make a contract award in whole or in part.

B. Make no contract award.

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

D. Withdraw the RFP at any time, at SUNY’s sole discretion.

E. Disqualify any Bidder whose conduct or proposal fails to conform to the requirements of the

RFP.

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

G. Prior to the bid opening, amend the RFP specifications to correct errors of oversights, or to supply additional information, as it becomes available.

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

I. Request references and contact any or all references and perform other related due diligence.

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

K. Waive requirements or amend this RFP upon notification to all Bidders. Mandatory requirements may be eliminated if unmet by all Bidders.

L. Negotiate with Bidders responding to this RFP within the requirements necessary to serve the best interests of SUNY.

M. Begin contract negotiations with another Bidder in order to serve the best interests of SUNY should contract negotiations with the Successful Bidder be unsuccessful within a time frame acceptable to SUNY.

N. Require clarifications from Bidders for purposes of assuring a full understanding of responsiveness, and permit revisions from all Bidders determined to be susceptible to contract award prior to award.

A Bidder’s proposal shall address the Bidder’s ability and methodology for providing SUNY with the requested services. To be deemed “responsive” to this RFP, a Bidder must meet all mandatory requirements and qualifications and its written proposal must address all points and questions appearing in this RFP. In the event a Bidder’s proposal is determined by SUNY to be “non-responsive,” SUNY may disqualify the proposal. A disqualified proposal will not be further evaluated or considered for contract award. To facilitate SUNY’s review of proposals, Bidders must address all points and questions that appear in this RFP, and should do so in the order that they appear.

Responses should be labeled to correspond to the numbers/letters of the sections and subsections of this RFP.

Bidders must adhere to the Exhibit D, SUNY Proposal Submission Guidelines when submitting a proposal in response to this bid event.

Section 9.1: Proposal Format

1. Prepare a clearly readable proposal that includes all required information.

2. Bidders must submit all information requested by SUNY in written form. Proposals must be complete, accurate, and in the form requested.

3. Indicate any deviations from the technical specifications and if necessary, attach separate documents and/or explanation.

4. Proposal Packages:

a. Proposals should be submitted in sealed packages clearly labeled on the exterior addressed to the SUNY Primary contact, with the RFP number and title. Proposals not labeled as instructed risk being opened prior to the bid opening date, which may result in the proposal being rejected. All proposals and accompanying documentation shall become the property of SUNY and shall not be returned.

b. Cost proposals should be submitted in separate sealed envelopes. No mention of cost should appear in the technical proposal. Failure to adhere to this requirement may result in disqualification.

5. No telephone, facsimile, emailed or otherwise electronically submitted proposals will be accepted unless explicitly allowed in the RFP.

6. The proposal must be fully and properly executed by an authorized person. By signing, you certify (i) your express authority to sign on behalf of yourself, your company, or other entity; (ii) your full knowledge and acceptance of contents of this RFP, Exhibit A (State University of New York Standard Contract Clauses), Exhibit A-1 (State University of New York Affirmative Action Clauses), State Finance Law §139-j and §139-k (Procurement Lobbying Certification); and (iii) that all information provided is complete, true and accurate. By signing you further affirm that you understand and agree to comply with the procedures on permissible contacts relating to this procurement as required by State Finance Law §139-j (3) and §139-j (6) (b). These procedures may be accessed at Procurement Lobbying:

http://www.ogs.state.ny.us/aboutOgs/regulations/defaultAdvisoryCouncil.html.

Proposal Submission Requirements http://www.ogs.state.ny.us/aboutOgs/regulations/defaultAdvisoryCouncil.html

7. Submit one (1) hard copy of your proposal with wet signatures and one (1) flash drive.

Proposals must be by the due date and time and to the primary contact provided on the Summary Information Form. Bidders mailing their proposals must allow sufficient time to ensure receipt by the due date and time. Bidders are cautioned that even when using a trackable mailing/courier/messenger service, proposals must be received by the due date and time. While proposals may be signed for by personnel at SUNY prior to the due date and time, this does not guarantee that the identified office will receive the proposal by the due date and time.

8. Late Proposals For purposes of Bid openings, a Bid must be received at the contact’s address as set forth in the Summary Information Form on or before the proposal due date as set forth in the Summary Information Form. A Late Bid is one that is not received at the location, date and time specified in this RFP. Any Bid received at the specified location after the time specified in this RFP will be considered a Late Bid. A Late Bid shall not be considered for award unless: (i) no timely Bids meeting the requirements of this RFP are received, or; (ii) in the case of a multiple award, an insufficient number of timely bids were received to satisfy the multiple award; (iii) and acceptance of the Late Bid is in the best interest of SUNY. Delays in United States mail deliveries or any other means of transmittal, including couriers or agents of SUNY shall not excuse Late Bid submissions. Similar types of delays, including but not limited to, bad weather, or security procedures for parking and building admittance shall not excuse Late Bid submissions. Determinations relative to bid timeliness shall be at the sole discretion of the SUNY Chancellor or her designee.

9. All prices and conditions must be included in the original proposal. Prices and conditions not included in the original proposal will be rejected.

10. The submission of a proposal constitutes a non-revocable, binding offer to perform and provide said services. Such binding offer shall be firm and not revocable for a period of one-hundred eighty (180) days from the proposal due date. After one-hundred eighty (180) days, the proposal may remain in effect, subject to withdrawal communicated in writing signed by the Bidder. If this RFP is for the sale of goods pursuant to §2-205 of New York State Uniform Commercial Code, the proposal shall be firm, binding and not revocable for a period of ninety

(90) days from proposal due date.

11. Bidder is responsible for all costs that it incurs, direct or indirect, related to the preparation and submission of a proposal in response to this RFP.

12. Each copy of the proposal must be accompanied by the documents listed in Attachment 1, Bid Submission Checklist.

Section 10.1: Determination of Vendor Responsibility

New York State procurement law requires that state agencies award contracts only to responsible Bidders. Additionally, the New York State Comptroller must be satisfied that a proposed Contractor is responsible before approving a contract award under Section 112 of the State Finance Law. Section 163 of the New York State Finance Law (“SFL”) requires that contracts for services and commodities be awarded on the basis of lowest price or best value “to a responsive and responsible Bidder.”

Section 163 (9)(f) of the SFL requires that prior to making a contract award, each contracting agency shall make a determination of responsibility of the proposed Contractor. In accordance with these

Other Proposal Requirements procurement laws, SUNY will conduct an affirmative review of vendor responsibility for all organizations or firms with which it conducts business.

In response to this section, Bidders and all proposed subcontractors who may receive more than $100,000 over the life of the contract are required to file the required Vendor Responsibility Questionnaire online via the New York State VendRep System or may choose to complete and submit a paper questionnaire. To enroll in and use the VendRep System, see the VendRep System Instructions on the Office of State Comptroller (OSC) website, available at:

www.osc.state.ny.us/vendrep or go directly to the VendRep System online at https://portal.osc.state.ny.us. For VendRep System user assistance, the OSC Help Desk may be reached at 866-370-4672 or 518-408-4672 or by email at helpdesk@osc.state.ny.us. Bidders opting to file a paper questionnaire may obtain the appropriate questionnaire from the VendRep website www.osc.state.ny.us/vendrep or may contact SUNY System Administration for a copy of the paper form.

Section 10.2: Procurement Lobbying Act – State Finance Law §§ 139-j and 139-k

Prior to approval of the contract for which this RFP has been issued by SUNY, or if applicable, the Office of the State Comptroller, a Bidder shall not communicate with SUNY other than with the persons identified in this RFP as Designated Contacts or with a person who the Designated Contacts has advised the Bidder in writing is also a Designated Contact. Generally, the New York State Finance Law restricts communications between a Bidder or a person acting on behalf of a Bidder, 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.

SUNY has developed procedures regarding Contacts and their reporting, review and investigation.

SUNY’s procurement record must demonstrate compliance with these procedures. A determination that a Bidder or a person acting on behalf of a Bidder has intentionally made 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 RFP. Additional sanctions may apply. A complete copy of SUNY’s Procurement Lobbying Policy and Procedure and its accompanying forms is available for review at http://www.suny.edu/sunypp/documents.cfm?doc_id=430

In response to this section, complete and submit Attachment 6, Procurement Lobbying Act Certification.

Section 10.3: Non-Collusive Bidding Certification

In response to this section, complete and submit a completed Attachment 7, Non-collusive Bidding Certification.

Section 10.4: Executive Order 162 (EO 162)

Governor Cuomo’s Executive Order 162 requires state contractors to disclose data on the gender, race, ethnicity, job title, and salary of employees performing work on state contracts.

Bidder agrees to submit Workforce Utilization Report (Form 7557-110) and to require the same information to be submitted by any of their subcontractors on the state contract, in such format as shall be required by SUNY on a monthly basis for all construction contracts and quarterly basis for all other contracts during the term of the contract. Empire State Development has provided specific details on this requirement at https://esd.ny.gov/doing-business-ny/mwbe/mwbe-executive-order-162.

Section 10.5: Executive Order 177 (EO 177)

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, sexual orientation, gender identity, disability, marital status, military status, or other protected status. 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: (i) all employers of four or more people, employment agencies, labor organizations and apprenticeship training programs in all instances of discrimination or harassment; (ii) employers with fewer than four employees in all cases involving sexual harassment; and (iii) 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, prior to contract award, selected Awardee must submit a certification that at it does not have institutional policies or practices that fail to address harassment and discrimination as described above. SUNY is electing to obtain the certification with the bid documents to avoid unnecessary delay in the contract award process.

In response to this section, complete and submit Attachment 2, NYS Human Rights Law Executive Order 177 Certification.

Section 10.6: New York State Finance Law § 139-l Certification

Pursuant to N.Y. State Finance Law § 139-l, every bid 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 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 policy shall, at a minimum, meet the requirements of N.Y. State Labor Law § 201-g.

N.Y. 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 N.Y. 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 N.Y. State Finance Law § 139-l, any bid by a corporate Bidder containing the certification required above shall be deemed to have been authorized by the board of directors of such Bidder, and such authorization shall be deemed to include the signing and submission of such bid and the inclusion therein of such statement as the act and deed of the Bidder.

If the Bidder cannot make the required 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. After review and consideration of such statement, SUNY may reject the bid or decide that there are sufficient reasons to accept the bid without such certification.

In response to this section, complete and submit Attachment 3, New York State Finance Law § 139-l Certification.

Section 10.7: Diversity Requirements Equal Employment Opportunity Requirements

a. Pursuant to Article 15 of the Executive Law (the "Human Rights Law"), all other State and Federal statutory and constitutional non-discrimination provisions, the Bidder will not discriminate against any employee or applicant for employment because of race, creed, color, sex, religion, national origin, military status, sexual orientation, gender identity or expression, age, disability, predisposing genetic characteristics, domestic violence victim status, familial status or marital status. The Bidder shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest. The Bidder will state in all solicitations or advertisements for employees that, in the performance of this Contract, all qualified applicants will be afforded equal employment opportunities without discrimination.

b. The Bidder will undertake, or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and, if awarded a Contract pursuant to this solicitation, will make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force during its legal engagement with SUNY.

c. By submission of a bid or proposal in response to this solicitation, the Bidder agrees with all of the terms and conditions of SUNY Exhibit A including Clause 12 - Equal Employment Opportunities for Minorities and Women and acknowledges that, if the Bidder is awarded a Contract, The Contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor, shall undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation.

This requirement does not apply to: (i) work, goods, or services unrelated to the Contract;

or (ii) employment outside New York State.

In response to this section, complete and submit SUNY Equal Employment Opportunities (EEO) Requirements 7557-108 identifying the anticipated work force to be utilized on the Contract. If awarded a Contract, vendor will, upon request, submit to SUNY, a workforce utilization report identifying the workforce actually utilized on the Contract, if known.

Please Note: Failure to comply with the foregoing requirements may result in a finding of non-responsiveness, non-responsibility and/or a breach of the Contract, leading to the withholding of funds, suspension or termination of the Contract or such other actions or enforcement proceedings as allowed by the Contract.

Service-Disabled Veteran-Owned Businesses (SDVOB)

SUNY is committed to the State's policy of encouraging the development of service-disabled veteran-owned businesses (SDVOB). The Service-Disabled Veteran-Owned Business Act (the “Act”) became effective on May 12, 2014, and SUNY has implemented the State's comprehensive plan and operational guidelines to promote SDVOBs and to assist them in obtaining opportunities to participate in the procurement of goods and services by the State. SUNY will employ applicable measures and procedures provided by the Director of the Division of Service-Disabled Veterans' Business Development in the Office of General Services (the "Division"), to ensure that SDVOBs are afforded the opportunity for meaningful participation in the performance of SUNY's contracts and to assist in achieving the Act’s statewide goal for participation on state contracts by SDVOBs. Any contractor who willfully and intentionally fails to comply with the SDVOB participation requirements shall be liable to SUNY for damages, calculated based on costs for administration of SUNY’s SDVOB program.

For additional information please refer to the SDVOB requirements outlined in SDVOB Prospective Bidder’s Notice (Forms 7564-121A, 7564-121B and 7564-121C). A SDVOB Utilization Plan must be submitted with all bids, utilizing Form 7564-107. All Forms are available at:

http://www.suny.edu/sunypp/documents.cfm?doc_id=816.

Bidders are encouraged to apply to the Division for certification as a Service-Disabled Veteran- Owned Business, and to provide such documentation necessary to establish their status as such in accordance with the rules of the Director of the Division. For purposes of this solicitation, SUNY hereby establishes an overall goal of 6% for SDVOB participation.

Minority and Women-Owned Business Enterprises (MWBE)

Pursuant to New York State Executive Law Article 15-A, SUNY recognizes its obligation under the law to promote opportunities for maximum feasible participation of certified minority- and women-owned business enterprises and the employment of minority group members and women in the performance of SUNY contracts. For purposes of this solicitation, SUNY hereby establishes an overall goal of 30% for MWBE participation, 15% for Minority-Owned Business Enterprises (“MBE”) participation and 15% for Women-Owned Business Enterprises (“WBE”) participation (based on the current availability of qualified MBEs and WBEs). For additional information please refer to the MWBE requirements outlined in MWBE Prospective Bidder’s Notice (Form 7557-121). For guidance on how SUNY will determine a Contractor’s good faith efforts to utilize certified MWBEs, refer to 5 NYCRR §142.8.

Please note the response forms identified in Form 7557-121 (SUNY MWBE Forms 7557-104 & 7557-

107) must be submitted with all Bids. Forms are available in SUNY Procurement Policies and Procedures Document 7557 online at: http://www.suny.edu/sunypp/documents.cfm?doc_id=61.

Bidders must submit an MWBE Utilization Plan with their bid or proposal. Upon contract award and prior to contract execution the selected awardee will enter its Statewide Utilization Management Plan (SUMP) and document its good faith efforts to achieve the applicable MWBE participation goals by submitting evidence through the New York State Contract System, which can be viewed at:

http://ny.newnycontracts.com, provided however, that the selected awardee may arrange to provide such evidence via a non-electronic method by contacting the SUNY Office of Diversity, Equity, and Inclusion.

Any modifications or changes to the Statewide Utilization Management Plan after the Contract execution and during the term of the Contract must be reported on a revised SUMP and submitted to SUNY. SUNY will review the submitted SUMP and advise the Awardee of SUNY acceptance or issue a notice of deficiency within 30 days of receipt.

If a notice of deficiency is issued, Awardee agrees that it shall respond to the notice of deficiency within seven (7) business days of receipt by submitting to SUNY [address phone and fax information], a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by SUNY to be inadequate, SUNY shall notify the Awardee and direct the Awardee to submit, within five (5) business days, a request for a partial or total waiver of MWBE participation goals on Form 7557-114. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal.

SUNY may disqualify a Bidder as being non-responsive under the following circumstances:

• If a Bidder fails to submit a MWBE Utilization Plan;

• If a Bidder fails to submit a written remedy to a notice of deficiency;

• If a Bidder fails to submit a request for waiver; or

• If SUNY determines that the Bidder has failed to document good faith efforts.

Assessment of Diversity Practices

SUNY seeks to engage contractors that have a demonstrated history of hiring, training, developing, promoting and retaining minority group members and women. Under 5 New York Code, Rules and Regulations (NYCRR) Part 141.1(o), diversity practices are the efforts of contractors to include New York State certified MWBEs in their business practices. Diversity practices may include past, present, or future actions and policies, and include activities of contractors on contracts with private entities and governmental units other than the State of New York.

http://www.suny.edu/sunypp/documents.cfm?doc_id=61

In response to this section, complete and submit Attachment 1, Diversity Practices Questionnaire.

This questionnaire elicits information about each prospective bidder in order to verify that its work environment demonstrates a strong commitment to diversity. .

If this solicitation is for the services of an executive search firm, the SUNY Board of Trustees adopted a policy to establish diversity, equity and inclusiveness throughout the SUNY system. Diversity is broadly defined under that policy to include race, ethnicity, religion, sexual orientation, gender, gender identity and expression, age, socioeconomic status, status as a veteran, status as an individual with a disability, students undergoing transition (such as transfer, stop-out, international student acclimation), and first generation students. In furtherance of this policy, all executive search firms are required to provide the following:

• Information about the diversity of your Firm’s staff; and

• The Firm’s success rate in placing diverse candidates.

Section 10.8: Subcontracting

Bidders choosing to utilize the services of subcontractors partners, joint venturers or other third parties to meet the scope of services set forth in this RFP, must provide detailed information as part of their proposal. Bidders must comply with the SUNY subcontracting contractual terms as set forth in Section 23, General contract Terms and Conditions, attached and incorporated into this RFP as Exhibit B.

When proposed subcontractor(s) are NYS Certified Minority and/or Women-Owned Business Enterprises (MWBE) firms or NYS Certified Service-Disabled Veteran-Owned Businesses (SDVOB) in compliance with requirements set forth in Section 10.7, the bidder must also complete appropriate forms as described in that section.

In response to this section, bidders must complete and submit Attachment 5: Proposed Subcontractor Information Submission Form, for each proposed subcontractor. Additionally, proposed subcontractors must file the required Vendor Responsibility Questionnaire as set forth in Section 10.1, when applicable. Bidders are encouraged to utilize NYS firms, as set forth in Exhibit D, Proposal Submission Guidelines.

Section 10.9: General Insurance Requirements

During the term of the awarded contract, the Successful Bidder (Contractor) must obtain and maintain insurance coverage at its own expense as provided in this paragraph, and shall deliver Certificates of Insurance in a form satisfactory to SUNY before commencing any work under this contract.

Certificates shall reference the Contract Number. Certificates of Insurance must indicate the applicable deductible/self-insured retention on each policy. Certificates shall be mailed to: State University of New York at Geneseo, Director of Purchasing & Central Services, Doty Hall 315, 1 College Circle, Geneseo, New York 14454.

The policies of insurance set forth below shall be written by companies authorized by the New York Department of Financial Services to issue insurance in the state of New York (“admitted” carriers) with an A.M. Best company rating of “A-” or better. Unless otherwise agreed, policies shall be written so as to include a provision that the policy will not be canceled, materially changed, or not renewed without at least thirty (30) days prior written notice except for non-payment as required by law to State University of New York at Geneseo, Director of Purchasing & Central Services, Doty Hall 315, 1 College Circle, Geneseo, New York 14454.

All insurance policies shall provide that the required coverage shall apply on a primary and not on an excess or contributing basis as to any other insurance that may be available to SUNY for any claim arising from the Successful Bidder’s work under the awarded contract, or as a result of the Successful Bidder’s activities. Any other insurance maintained by SUNY shall be excess of and shall not contribute with the Successful Bidder’s insurance, regardless of any “other insurance” clause contained in any SUNY policy of insurance.

At least two weeks prior to the expiration of any policy required by the awarded contract, evidence of renewal or replacement of policies of insurance with terms no less favorable to SUNY than the expiring policies shall be delivered to SUNY in the manner required for service of Notice under the contract.

A professional liability policy (errors and omissions) in the amount of THREE MILLION DOLLARS…