Invitation for Bid # 051045-05

Rehab Interior Reed Library – Surge Space Book Moving Services

Responses Due: August 27, 2026 at 2:00 PM

Table of Contents

Section Title Page #

Summary Information Form ……………………………………………………………... 4

Information for Bidder

Section I General Requirements …………………………………………………… 5

Section II Scope of Services ………………………………………………………… 6

Section III Bidder Qualifications ……………………………………………………… 7

Section IV Bid Submission Requirements ………………………………………….. 7

Section V Method of Award ………………………………………………………….. 11

Section VI General Information ………………………………………………………. 11

Section VII General Terms & Conditions …………………………………………….. 13

SUNY Notary Acknowledgement …………………………………………………………… 27

SUNY Services Contract Agreement (Sample)

Exhibit A SUY Standard Contract Clauses

Exhibit A-1 SUNY Affirmative Action Clauses

Exhibit B General Contract Terms and Conditions

Exhibit C SUNY Proposal Submission Guidelines

List of Attachments:

Attachment 1 Bid Submission Checklist

Attachment 2 Bidder Qualifications Submission Form

Attachment 3 Cost Proposal Worksheet

NYS Finance Law §§139-j & 139-k Forms:

Form A - Summary: Policy & Procedure Relating to SFL §§139-j & 139-k

Form B - Affirmation with respect to SFL §§139-j & 139-k

Form C - Disclosure and Certification with respect to SFL §§139-j & 139-k

Public Officers Law Form (Form XIII) http://www.suny.edu/sunypp/lookup.cfm?lookup_id=281 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=282 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=283

Bidder Certifications:

EO 177 Certification (Non-Discrimination)

State Finance Law 139-L Certification

Non-Collusive Bidding Certification

State Finance Law 139-M Certification

NYS Executive Order 16 Certification / Russia Attestation

Diversity Practices Questionnaire

Encouraging Use of NYS Businesses (Subcontractor Identification Form)

Freedom of Information Law (FOIL) Notification

MWBE/SDVOB Forms:

MWBE Form 7557-104 Equal Opportunity Policy Statement

MWBE Form 7557-107 MWBE Utilization Plan

MWBE Form 7557-108 EEO Staffing Plan

SDVOB Form 7564-107 SDVOB Utilization Plan

SUMMARY INFORMATION FORM

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

IFB #:

051045-05

IFB Title: Rehab Interior Reed Library – Surge Space Book Moving Services

IFB Release Date: August 6, 2026 Electronic copies of this IFB are available @:

https://www.nyscr.ny.gov/index.cfm

Key Events

Pre-Bid Meeting/Walkthrough Bidder Must Contact the Campus to Arrange Meeting Prior to 8/20/2026

Questions/Requests for clarification due 08/21/2026

Response to questions/requests for clarifications issued 08/25/2026

Bid Due Date and Time 08/27/2026 @ 2:00 PM

Anticipated Notification of Intent September 2026

Anticipated Contract Start Date October 2026

Anticipated Term Length of Contract 1 Month

SUNY reserves the right, in its sole discretion, to modify the above schedule.

Bidders will be notified via email of any changes in a timely manner

Contact Information

Primary Contact (Solicitation / Contractual Matters) Gretchen Fronczak Director of Procurement & University Services 405 Maytum Hall, 280 Central Avenue, Fredonia, NY 14063 Phone: 716-673-3257 Email: Gretchen.Fronczak@fredonia.edu

Secondary Contact (Technical Matters) Kerrie Wilkes Director (Coord. Research & Info Lit. Services) 155 Reed Library, 280 Central Av., Fredonia, NY 14063 Phone: 716-673-4815

Email: Kerrie.Wilkes@fredonia.edu

Restricted Period

In accordance with the requirements of New York State Finance Law Sections 139j & 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, listed above, 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 (See Exhibit B, Section 16):

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 IFB 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 IFB has been included in bidder’s bid.

https://www.nyscr.ny.gov/index.cfm mailto:Gretchen.Fronczak@fredonia.edu mailto:Kerrie.Wilkes@fredonia.edu

INFORMATION FOR BIDDERS

Section I: General Requirements

The State University of New York at Fredonia (“SUNY Fredonia”, herein after referred to as “SUNY or University”) is seeking sealed Bids for IFB # 051045-05 – Rehab Interior Reed Library – Surge Space Book Moving Services until 2:00PM Local Time on August 24, 2026 in the University Services Office, 4th Floor Maytum Hall, Room 403, Fredonia, NY 14063 and such bids will be publicly opened and read aloud immediately thereafter.

Complete electronic sets of the Bidding and Contract Documents may be obtained from the New York

State Contract Register at: www.nyscr.ny.gov. Updates and IFB bid attachments will be uploaded to the New York State Contract Reporter as they become available.

A pre-bid meeting / walk-through of where the work is to be performed has been deemed necessary to fully understand the parameters and constraints which affect the work and the preparation of the bid for same. Bidders having met this requirement within nine (9) weeks prior to the bid open date of August 27, 2026 will be considered to be in compliance with this requirement. For those bidders still needing to fulfill this pre-bid walkthrough requirement, please contact

Kerrie Wilkes, via email at Kerrie.Wilkes@fredonia.edu no later than August 20,2026; requests cannot be guaranteed and will be accommodated as is reasonably possible by campus personnel. For directions to any of the campus locations, visit the website www.fredonia.edu/maps, where you will find links for campus maps, directions, and parking.

Pursuant to State Finance Law §§139-j & 139-k, this procurement includes and imposes certain restrictions on communications between a Governmental Entity and a Bidder during the procurement process. A Bidder is restricted from making contacts from the earliest notice of intent to solicit proposals through final award and approval of the Procurement Contract by SUNY Fredonia and, if applicable, the Office of the State Comptroller (“restricted period”) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j(3)(a).

Designated Campus Staff is identified as follows:

Solicitation / Contractual questions: Gretchen Fronczak, Director of Procurement & University Services, Email: Gretchen.Fronczak@fredonia.edu; Phone: 716-673-3257

Technical questions: Kerrie Wilkes, Director (Coord. Research & Info Lit. Services), Email:

Kerrie.Wilkes@fredonia.edu; Phone: 716-673-4815

It is the policy of the State of New York and the State University to encourage minority and women business enterprise participation in the project by vendor, subcontractors, and suppliers, and all bidders are expected to cooperate in implementing this policy.

The State University of New York reserves the right to reject any or all bids.

http://www.nyscr.ny.gov/ mailto:Kerrie.Wilkes@fredonia.edu http://www.fredonia.edu/maps mailto:Gretchen.Fronczak@fredonia.edu mailto:Kerrie.Wilkes@fredonia.edu

Section II: Scope of Services

Daniel A. Reed Library needs books moved from their current location in the two (2) attached buildings that make up Reed Library (Main Reed and the Carnahan-Jackson Center for Teaching and

Learning (CJC). Main Reed is one large level with a Mezzanine and CJC is four (4) floors.

Needs for the move are listed below:

• Approximately 9,000 linear feet of books need to be moved from Reed Library to Erie Dining

Hall, which is a building located across campus. Linear feet were measured using an Average

Book Size of 1inch

• Shelving where books are housed also need relocation.

• Specialized collections need to move into surge spaces in CJC (1st and 3rd floor).

o Music Scores (330 linear feet (actual measurements) o Juvenile collection (27.93 linear feet (actual measurements) o 10 CD cabinets o LP’s (7,303 vinyl records)

• Excess shelving will also be moved to Erie Dining Hall, but does not need reassembly.

Logistics:

Books in Main Reed and CJ will still be on the shelves. For the books to move to the surge space in

Erie Dining Hall, the following needs to occur:

• Books will be removed from shelves

• Shelves need to be taken down in Reed and CJ and put up in Erie Dining Hall for closed-stack access. Most shelving units in Reed are 35.5 inches wide, 7 shelves high, and double sided. Shelving units in CJ are 35 inches wide, 7 shelves high, and have a mix of single-sided and double-sided units.

• Books need re-shelving in Erie Dining Hall.

• A weight study was conducted for Erie Dining Hall. The building is able to hold books safely. During the study, a plan for how the shelving arrangement has been pre-determined, and a map will be available for movers.

• Any excess shelving can be stored in Erie Dining Hall.

• The surge space for services and some materials will be in CJ while the renovation of Main

Reed occurs.

• Shorter shelving (3-4 shelves high) will move from Main Reed onto the third floor of CJ.

• Juvenile books, music scores, and LPs will move onto short shelving.

Specialized Equipment/Skills:

Movers' equipment should be specific for moving a library collection, to ensure that the book collection is kept dry and in call number order. Reed Library uses the following systems for organization:

• Library of Congress

• Dewey Decimal

• Succession Numbering

• Subject order for LP’s

• Collection Title order

Additional Notes:

• The Reed Library’s collection is moving to an old dining hall. While there is a loading dock at

Reed, there is not a loading dock that is box truck accessible at Erie dining hall. A truck can be pulled close to the building and is one level (no elevator is needed) and has a ramp.

• The Music mezzanine in Reed Library has a small elevator down to the main floor. It also has outside door access from the mezzanine to a ramp where a truck can be driven up to.

• There are two (2) elevators in CJ.

Section III: Bidder Qualifications

A contract will be awarded only to a responsible, responsive, and qualified Bidder, in a financial position to perform the services specified. Each bidder must be prepared to show to the satisfaction of the

University that it has the working capital available to properly manage the contract.

Bids will be accepted only from Bidders meeting the following minimum qualifications:

1. Affirm that your company has experience in moving a library’s collection.

Complete and submit Attachment 2, Bidder Qualifications Submission Form.

SUNY reserves the right to contact client references to validate experience and the scope and quality of work. The Bidder is solely responsible for providing contact information for clients that are readily available to be contacted and will respond to questions. If SUNY is unable to contact a client, the Bidder will be provided one opportunity, with a deadline, to assist in obtaining cooperation from those clients that have not responded.

Section IV: Bid Submission Requirements

A. A bidder must meet all mandatory requirements and qualifications and its written bid must address all points appearing in this IFB. In the event a Bidder’s bid is determined by SUNY to be “non-responsive,” SUNY is required by its contract procedures to disqualify the bid. A disqualified bid will not be further evaluated or considered for contract award. To facilitate

SUNY’s review of bids, Bidders must address all points that appear in this IFB, and should do so in the order that they appear.

B. Submit one (1) original hard copy of your bid to the contact listed by the due date and time.

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

D. Prepare a clearly readable bid that includes: (a) a cover letter; (b) a completed Bidder

Qualifications Submission form; (c) completed Cost Proposal sheet; (d) required forms and all supporting documentation.

E. Bids should be submitted in sealed packages clearly labeled on the exterior with the IFB number and title. Bids not labeled as instructed risk being opened before the bid opening date, which may result in the bid being rejected. All bids and accompanying documentation shall become the property of the University and shall not be returned. No telephone, facsimile, emailed, or otherwise electronically submitted bids will be accepted.

F. Bid Submission Address:

SUNY Fredonia, University Services, Attn: Gretchen Fronczak, 280 Central Avenue, 403 Maytum Hall, Fredonia, NY 14063

G. Bids must be received in the office identified above by the due date and time provided on the

Summary Information Form on Page 1 of this IFB. Bidders mailing their bids must allow sufficient time to ensure receipt by the due date and time. Bidders are cautioned that even when using a traceable mailing/courier/messenger service, bids must be received by the due date and time.

While bids may be signed for by personnel at the University prior to the due date and time, this does not guarantee that the identified office will receive the bid by the due date and time.

H. Late Bids. A Late Bid is one that is not received at the location, date and time specified in this

IFB. Any bid received at the specified location after the time specified in this IFB 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 IFB 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.

I. In the event of a discrepancy among copies, the original hard copy takes precedence.

J. Bidders unable or unwilling to submit a bid are asked to complete the Summary Information Form on Page 1 of this IFB and check the box indicating that no bid is being submitted.

K. No bid bond or security is required with this bid.

L. Bids may be modified, withdrawn or canceled only in writing or by email notice received by

University Services prior to the time of opening of bids designated in the Bidding and Contract

Documents. A written or email notice of modification, withdrawal, or cancellation shall be marked by the bidder with the name and address of the bidder, the title and number of the IFB. Upon receipt by the University a duly authorized employee of the University, who shall note thereon the date and time of receipt and shall thereupon attach said written or email notice of modification, withdrawal or cancellation to the envelope submitted by the bidder.

M. Permission will not be given to modify, explain, withdraw or cancel any bid or part thereof after the time designated in the Bidding and Contract Documents for the opening of bids, unless such modification, explanation, withdrawal or cancellation is permitted by law and the University is of the opinion that it is in the public interest to permit the same.

N. An authorized person must fully and properly execute the bid, and the authorized person’s signature must be notarized. 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 this IFB terms and conditions, Exhibit A (State University of New York Standard Contract Clauses), Exhibit A-1 Affirmative Action Clauses, State Finance Law §139-j & §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) &

§139-j (6) (b). These procedures may be accessed at: Procurement Lobbying:

https://ogs.ny.gov/acpl/

O. All prices and conditions must be included in the original bid. Prices and conditions not included in the original bid will be rejected.

P. Bid Opening. Bids may, as applicable, be opened publicly. The University reserves the right, at any time, to postpone or cancel a scheduled bid opening. Bidders may attend the bid opening, at which a University representative will publicly announce the names of Bidders who have submitted bids.

Q. Minor Irregularities. Bids that contain minor irregularities, such as those submitted in the wrong form, or executed improperly, shall be considered informal. Informal bids may be considered in selecting a low bidder if the public interest will be promoted thereby.

R. The submission of a bid constitutes a non-revocable, binding offer to perform and provide said services. Such binding offers shall be firm and not revocable for a period of ninety (90) days from bid opening. After ninety (90) days, the bid may remain in effect, subject to withdrawal communicated in writing signed by the Bidder. If this IFB is for the sale of goods pursuant to §-205 of New York State Uniform Commercial Code, the bid shall be firm, binding and not revocable for a period of ninety (90) days.

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

T. Each copy of the bid must be accompanied by the documents listed in Attachment 1: Bid

Submission Checklist.

U. SUNY reserves the right to reject any bidder who does not demonstrate financial stability sufficient for the scope of this IFB.

V. Extraneous Terms. Bids must conform to the terms set forth in this IFB. Any resulting agreement or contract terms and conditions cannot be in conflict with the terms set forth in the IFB.

1. New York State Exhibit A, A-1, and all required state of New York forms included in this IFB are not negotiable.

2. Extraneous terms or material deviations (including additional, inconsistent, conflicting or alternative terms) may render the Bid non-responsive and may result in rejection of the Bid.

3. Extraneous term(s) submitted on standard, pre-printed forms (including but not limited to:

product literature, order forms, license agreements, contracts or other documents) that are attached or referenced with submissions shall not be considered part of the Bid or resulting

Contract but shall be deemed included for informational or promotional purposes only.

Acceptance and/or processing of the Bid shall not constitute such written acceptance of

Extraneous Term(s).

W. Bidder Questions. All questions must be submitted, in writing, citing the particular IFB page, section and paragraph numbers where applicable.

1. Email questions to arrive no later than 4:00 PM Eastern time on the date indicated and direct to the Primary Contact listed in the Summary Information Page of this IFB. The subject MUST include “051045-05 – Rehab Interior Reed Library – Surge Space Book Moving Services”.

2. Questions received after the closing date, will not be answered. Only written answers are official. All Questions and Answers will be issued as addenda to this IFB and posted on the

New York State Contract Reporter at https://www.nyscr.ny.gov/

3. Only the written interpretation or correction so given by Addendum shall be binding. Prospective bidders are warned that no trustee, officer, agent or employee of the University is authorized to explain or interpret the Bidding and Contract Documents by any other method, and any such explanation or interpretation, if given, must not be relied upon.

https://www.nyscr.ny.gov/

Section V: Method of Award

The contract award will be made to the qualified bidder who, in the opinion of the University is capable of performing the services, is responsible and reliable, and offers the lowest cost. The cost for additional pickups will be taken into consideration when making the award; however, they are not guaranteed.

Failure to submit the cost for additional pickups will result in the bid being rejected. The University reserves the right to reject any and all bids.

The cost portion of the IFB will be awarded by the grand total for the entire athletic schedule for the one (1) year period located on the Attachment 4: Trip Schedule.

The Bidder must complete the Attachment 3: Cost Proposal Worksheet. No modifications may be made to the Cost Proposal Worksheet and Bidders are encouraged to seek clarification.

Modifications to the Cost Proposal Worksheet may result in disqualification.

• Items: Price shall be in accordance with the items listed or on the Cost Proposal Worksheet, 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: Fixed rate for the first three (3) years of the contract. Optional renewals 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 until OSC contract approval. Subsequent to OSC Contract approval, 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.

Delivery and startup of contract is requested after the contract is approved by the New York State

Attorney General’s office and New York State Office of the State Controller.

Section VI: General Information

A. SUNY reserves the right to reject any bidder who does not demonstrate financial stability sufficient for the scope of this IFB.

B. SUNY’s Reserved Rights. The State University reserves the right to:

1. Reject any and all bids received in response to this IFB.

2. Reject separable portions of any offer, to negotiate terms and conditions consistent with the solicitation, and to make an award for any or all remaining portions.

3. Withdraw the IFB at any time, at SUNY’s sole discretion.

4. Make an award in whole or in part.

5. Disqualify any Bidder whose conduct and/or bid fails to conform to the requirements of this

IFB.

6. Use bid information obtained through site visits, management interviews and the state’s investigation of a Bidder’s qualifications, experience ability of 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 IFB.

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

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

9. Request references and contact any or all references.

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

11. Advise the Successful Bidder of an objectionable employee(s) and/or subcontractor(s).

12. Eliminate mandatory requirements unmet by all offerers. Any additional vendor terms which are attached or referenced with a submission shall not be considered part of the bid or proposal, but shall be deemed included for informational purposes only.

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

14. 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.

15. Request clarifications from offerers for purposes of assuring a full understanding of responsiveness and further reserves the right to permit revisions from all offerers determined to be susceptible to being selected for contract award, prior to award.

16. Award no contract.

C. Contract Award. Receipt of this IFB does not indicate that SUNY has predetermined Bidder’s qualifications to receive a contract award. A contract award, if made, shall be based on evaluation of the bid in accordance with the criteria set forth in this IFB. The successful Bidder will be notified by SUNY by email and confirmed by letter.

D. Debriefing. Bidders who responded to this IFB will be given written notice as to whether their bid was successful or unsuccessful. Upon being notified of their unsuccessful bid, Bidders may request a debriefing in within 15 calendar days of such notice. The 15-day period starts once unsuccessful

Bidders are notified. Upon a Bidder’s request for debriefing:

1. SUNY Fredonia will schedule the debriefing within a reasonable time of such request.

2. The debriefing will be conducted via telephone with the Bidder, unless the University and the Bidder mutually agree to use another method such as by video conference, in person or another type of electronic communication.

3. Bidders’ written request must state whether the Bidder will be attending with counsel, to allow the University to arrange for SUNY General Counsel’s attendance if so determined.

4. The debriefings will cover, but not limited to the following:

i. The reason why the bid was unsuccessful.

ii. The quantitative and qualitative analysis that was used by the campus to assess the relative merits of the bid, proposal or offer.

iii. How the selection criteria was applied to the unsuccessful bid.

iv. If the request for debriefing is made prior to contract award, the debriefing shall be limited to review of that Bidder’s bid.

v. If the debriefing is held after the final award (which means OSC approval, if applicable) it, may cover the reason for the selection of the winning proposal.

vi. To the extent practicable, general advice and guidance on the ways the Bidder can improve future proposal submission or be more responsive.

E. Contract Award Protest Procedures. Bidders wishing to protest a contract award may do so in accordance with the University’s procedures, available at:

https://www.suny.edu/sunypp/documents.cfm?doc_id=699

Section VII: General Terms and Conditions

A. Free and Open Competition. The University encourages free and open competition. Whenever possible, terms, specifications, and conditions are designed to accomplish this objective, consistent with the necessity to satisfy the University’s needs.

B. Notification of Errors, Inquiries and Interpretation. Bidder is responsible to bring to the University’s attention any deviations in the technical specifications and to make recommendations for any additional requirements deemed necessary as standard, or for work indicated in the specifications contained in this IFB. If the University in its discretion finds the deviations to be significant to require a change in the necessary specifications for the work, the University will notify all Bidders in writing of the change in specifications. No deviations from the technical specifications provided herein shall be made without written approval of the University.

C. No Claims or Rights. By submitting a bid, Bidder agrees that it will not make any claims for, or have any right to damages because of any misinterpretation or misunderstanding of the specifications or because of any misinformation or lack of information.

D. Conflict of Interest. Bidder may be requested to provide evidence that the award of a contract will not result in (i) a conflict of interest with regard to other work performed by Bidder; or (ii) a potential conflict of interest among Bidder’s staff.

https://www.suny.edu/sunypp/documents.cfm?doc_id=699

E. Bidder’s Terms and/or Conditions. Bidder’s standard terms and conditions will not be considered relevant to its bid or to the contract awarded and should not be included with its bid. Any additional

Bidder terms and conditions attached to or reference in Bidder’s bid shall not be considered part of the bid, but shall be deemed included for informational purposes only. NO extraneous terms or conditions will be incorporated in the contract awarded unless approved in writing by the SUNY

Office of General Counsel. Acceptance and/or processing of a Bidder’s bid shall not constitute acceptance of a Bidder’s extraneous terms and conditions.

F. Acceptance of IFB Content. The terms and conditions included in this IFB as well as the applicable portions of Bidder’s bid shall become contractual obligations if a contract is awarded.

BIDDER’S FAILURE TO ACCEPT THESE TERMS AND CONDITIONS AND OBLIGATIONS

SHALL RESULT IN REJECTION OF BIDDER’S BID.

G. Services Outside Scope of the Contract Awarded. The University shall not be responsible for any services provided by the successful Bidder that are outside the scope of the contract awarded. The

University shall not be responsible for any additional costs other than the costs for the services outlined herein, or for any work performed that has not been properly authorized in writing by the

University.

H. Standard Contract Clauses. Any contract awarded resulting from this IFB shall include Exhibit A

(State University of New York Standard Contract Clauses) and, for contracts in excess of $25,000, Exhibit A-1 (State University of New York Affirmative Action Clauses).

The provisions of Exhibit A and Exhibit A-1 shall take precedence over any provision in this IFB or any provisions in the contract awarded. Exhibits A and A-1 are included as attachments to this IFB.

Exhibit A and A-1 are not negotiable and cannot be edited. They are standard contract clauses in accordance with State Finance, Executive, and Labor laws.

https://system.suny.edu/procurement/boilerplate-contracts/

I. Binding Effect. The contract awarded shall be binding upon its execution by both parties and, if required by New York State law, upon the written approvals of the Attorney General and the Office of the State Comptroller.

J. Confidentiality/Freedom of Information Law. All bids submitted for the College’s consideration will be held in confidence and will become the property of the College. However, the resulting contract is subject to the New York State Freedom of Information Law (FOIL), contained in Article 6 of the

New York State Public Officer’s Law. Therefore, if a Bidder believes that any information in its bid constitutes a trade secret, should be treated as confidential and should not be disclosed upon a request pursuant to FOIL, Bidder shall submit with its bid a separate letter addressed to: SUNY

Plattsburgh, 101 Broad Street, Plattsburgh, NY 12901; specifically (i) identifying the page number(s), line(s) or other appropriate designation(s) containing such information; (ii) explaining in detail why such information is a trade secret or confidential; and (iii) formally request that such https://system.suny.edu/procurement/boilerplate-contracts/ information be held as confidential. Bidder’s failure to submit such a letter with its bid will constitute a waiver by the Bidder of any rights it may have under Section 89(5) of the Public Officers' Law relating to protection of trade secrets. The proprietary nature of the information designated confidential by the Bidder may be subject to disclosure if ordered by a court of competent jurisdiction.

A request that an entire bid be kept confidential is not advisable, because a bid cannot reasonably consist exclusively of proprietary information.

K. Diversity Contracting Requirements

a. Diversity Practices and Equal Employment Opportunity: Contractor agrees to submit, upon the campus’ request, all required forms relating to its diversity practices, including its efforts to include New York State certified Minority and Women-Owned Business Enterprises

(MWBEs) in its business practices. Pursuant to Article 15 of the Executive Law (the

"Human Rights Law"), all other State and Federal statutory and constitutional non-discrimination provisions, Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, religion, national origin, military status, sexual orientation, age, disability, genetic disposition or carrier status, domestic violence victim status, or marital status, and 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 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 Fredonia. It shall also follow the requirements of the Human Rights Law with regard to non-discrimination based on prior criminal conviction and prior arrest.

b. Service-Disabled Veteran-Owned Businesses (SDVOB): Contractor acknowledges

SUNY Fredonia’s commitment to the State’s policy of encouraging the development of

SDVOBs. The Service-Disabled Veteran-Owned Business Act (the “Act”) became effective on May 12, 2014, and SUNY Fredonia 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 Fredonia 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 Fredonia’s contracts and to assist in achieving the Act’s statewide goal for participation on state contracts by SDVOBs. Contractor further acknowledges that in the event it willfully and intentionally fails to comply with the SDVOB participation requirements, it shall be liable to SUNY Fredonia for damages, calculated based on costs for administration of SUNY Fredonia’s SDVOB program.

c. Encouraging Use of New York State Businesses in Contract Performance: New York

State businesses have a substantial presence in SUNY Fredonia contracts and strongly contribute to the economies of New York and the nation. In recognition of their economic activity and leadership in doing business in New York State, the Contractor is strongly encouraged and expected to consider New York State businesses in the fulfillment of the requirements of this Agreement. Such partnering may be as subcontractors, suppliers, protégés or other supporting roles.

L. Office of Federal Contract Compliance Programs

This Vendor and Subcontractor shall abide by the requirements of 41 C.F.R. §§ 60-300.5(a) and

60-741.5(a). These regulations prohibit discrimination against qualified individuals on the basis of protected veteran status or disability, and require affirmative action by covered prime Vendors and subcontractors to employ and advance in employment qualified protected veterans and individuals with disabilities.

M. Governing Law

This IFB, Bidders’ bids and any resulting contract shall be governed, construed and enforced in accordance with the laws of the State of New York, excluding New York’s choice of law principles in a New York court of competent jurisdiction. Bidder/Vendor agrees to submit itself to such court’s jurisdiction.

N. Determination of Vendor Responsibility

New York State procurement law requires that state agencies award contracts only to responsible

Vendors. Additionally, the New York State Comptroller must be satisfied that a proposed Vendor is responsible before approving a contract award under Section 112 of the State Finance Law. Section

163 of the New York State Finance Law (“SFL”) requires that contracts for services and commodities be awarded based on lowest price or best value “to a responsive and responsible 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 Vendor.

In accordance with these procurement laws, the College will conduct an affirmative review of vendor responsibility for all organizations or firms with which it conducts business. In doing so, bidders 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.

In addition:

http://www.osc.state.ny.us/vendrep https://portal.osc.state.ny.us/ mailto:helpdesk@osc.state.ny.us http://www.osc.state.ny.us/vendrep

1. General Responsibility. The Vendor shall at all times during the contract awarded term remain responsible. The Vendor agrees, if requested by the SUNY Chancellor or his or her designee, to present evidence of its continuing legal authority to do business in New

York State, integrity, experience, ability, prior performance, and organizational and financial capacity.

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

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

O. Sexual Harassment Prevention Certification

N.Y. State Finance Law §139-l: Pursuant to N.Y. State Finance Law §139-1, every bid made on or after January 1, 2019 to the State of 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 prevent policy and sexual harassment 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/sexual-harassment-prevention-model-policy-and-training .

https://www.ny.gov/combating-sexual-harassment-workplace/sexual-harassment-prevention-model-policy-and-training https://www.ny.gov/combating-sexual-harassment-workplace/sexual-harassment-prevention-model-policy-and-training

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 may decide that there are sufficient reasons to accept the bid without such certification.

P. Timeliness of Payment and Interest

Payment is made Net 30 days from receipt of a proper invoice upon completion of accepted work. Section 179g of New York State Finance Law shall govern interest for late payment. The

University reserves the right to negotiate a phased deliverable and payment schedule with successful bidder if applicable.

Q. Exhibits and Order of Precedence

The following documents will be incorporated into, and made part of, the contract awarded in the order stated below:

a. Exhibit A, State University of New York Standard Contract Clauses

b. Exhibit A-1, State University of New York Affirmative Action Clauses (for contracts valued at greater than $25,000)

c. The Services Agreement

d. This SUNY IFB

e. The Successful Bidder’s Cost Proposal Worksheet

In the event of any inconsistency in or conflict among the document elements described above, such inconsistency or conflict shall be resolved by giving precedence to the document elements in the order set forth above.

R. Independent Vendor

The Successful Bidder (Vendor) and its agents or employees or any entity or person acting on behalf of the Vendor engaged in the performance of work shall at all times be deemed to be performing as independent Vendors. The Vendor hereby covenants and agrees to act in accordance with that status. The Vendor and its agents or employees or any entity or person acting on behalf of the Vendor shall neither hold themselves out as, nor claim to be, officers or employees of SUNY / the campus and shall make no claim for, nor be entitled to, Workers’

Compensation coverage, medical and unemployment benefits, social security, or retirement membership benefits from SUNY/the campus.

S. Reciprocity and Sanctions Provisions

Bidders are hereby notified that if their principal place of business is located in a state that penalizes

New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act of 1994 (Chapter 684, Laws of

1994) require that they be denied placement on bidders mailing list and contracts for which they would otherwise obtain. Bidders of construction services must be denied the award of a contract if their principal place of business is located in a state that discriminates or imposes a preference against New York State firms.

A current list of states which penalize New York State firms is available from the office letting this contract, or from the Procurement Assistance Unit, Office of Empire State Development, Albany

New York (518-474-7756).

T. Compliance

Vendor shall comply with all laws, rules, orders, regulations, and requirements of federal, state and municipal governments applicable hereto, including the provisions of Exhibit A, State University of

New York Standard Contract Clauses, attached hereto and made a part hereof, and for agreements with a value of $25,000 or more Exhibit A-1, State University of New York Affirmative Action Clauses, attached hereto and made a part hereof.

U. Indemnification

Successful Bidder (Vendor)The Successful Bidder (Vendor) shall be responsible to and shall fully defend, indemnify, and hold harmless the State of New York and the State University of New York and their respective officers, trustees, directors, agents and employees without limitation, from any and all losses, expenses, damages and liabilities, including reasonable attorneys’ fees, arising out of the intentional or negligent acts or omissions of the Vendor, its officers, employees, agents or licensees in any performance under this Agreement including: i) personal injury, damage to real or personal tangible property; ii) negligence, either active or passive; and iii) infringement of any law or of a United States Letter Patent, with respect to Products and Services furnished under this

Agreement, or of any copyright, trademark, trade secret or intellectual proprietary rights, provided that the College shall give Vendor: (a) prompt written notice of any action, claim, or threat of infringement suit, or other suit, promptness of which, shall be established by the University upon the furnishing of written notice and verified receipt, (b) the opportunity to take over, settle or defend such action, claim or suit at Vendor's sole expense, and (c) assistance in the defense of any such action is at the expense of the Vendor. Where a dispute or claim arises relative to a real or anticipated infringement, the University may require the Vendor, at its sole expense, to submit such information and documentation, including formal patent attorney opinions, as the University shall require. New

York State reserves the right to join such action, at its sole expense, when it determines there is an issue involving a significant public interest.

The University

Subject to the availability of lawful appropriations and the New York Court of Claims Act, the

University will hold the Vendor harmless from and indemnify it for any final judgment of a court of competent jurisdiction only to the extent attributable to the negligence of the University or of its officers or employees when acting within the course and scope of their employment.

V. Liability

The Successful Bidder (Vendor) understands and agrees that it is responsible for the performance of the Services in accordance with the terms and conditions of the awarded Contract.

The University may look solely to the Vendor for remedy, redress, liability or indemnification for any failure to perform, whether caused by Vendor itself or by one or more of its officers, employees, subcontractors, agents, licensees, licensors or affiliates or any person or entity acting on behalf of Vendor in providing the Services. The Vendor shall be fully liable for the actions of its officers, employees, subcontractors, agents, licensees, licensors, or affiliates or any person or entity acting on its behalf in providing the Services and shall fully indemnify and save harmless the

University, SUNY, and the State of New York from suits, actions, damages and costs of every name and description presented, brought, or recovered against the University and the State of

New York for, or on account of any liability which may be incurred by reason of the Vendor’s performance of this Agreement.

The Vendor will be responsible for the work, direction and compensation of any person or entity it engages as an officer, expert, employee, consultant, agent, independent Vendor, or subcontractor.

Nothing in the contract awarded or the performance thereof by the Vendor will impose any liability or duty whatsoever on the University including, but not limited to, any liability for taxes, compensation, commissions, Workers' Compensation, disability benefits, Social Security, or other employee benefits for any person or entity.

W. Insurance

1. INSURANCE COVERAGE:

• Proof of Insurance, Disability and Worker Compensation coverage is required before any work being performed on-campus. Vendors not providing on-campus services for this IFB may not be required to provide all three proofs of Insurance. If you are awarded, you will be notified of the final IFB insurance requirements.

• The Vendor shall furnish evidence of acceptable policies to the University within five

(5) days upon award of project or upon request. Certificates of insurance shall be presented to University Services, via email to the Primary Contact identified in the

Summary Information Sheet of the IFB. Please include IFB# PROC2026-02 in the subject line. The University will not pay for proof of insurance certificates or Acord forms.

• Vendor will at all times, at their own expense, carry commercial general liability insurance and property damage insurance naming the following as additionally insured: The State of New York, and the State University of New York and SUNY

Fredonia.

2. WORKERS’ COMPENSATION COVERAGE REQUIREMENTS:

• An ACORD form is NOT acceptable proof of workers’ compensation…