Trailhead Paving 2026 RFP.pdf

Request for Proposals C100298

Trailhead Parking Area Paving

Albany Pine Bush Preserve

Albany, NY

RFP released August 17, 2026

Bids Due September 9, 2026

Objective: The Albany Pine Bush Preserve Commission (“Commission”) is requesting bids to pave two trailhead parking areas at the Albany Pine Bush Preserve. This project includes site layout, preparation and installation of appropriate sub-base and asphalt materials and paint striping of parking spaces. This is a prevailing rate project and requires appropriate excavation, grading and paving equipment and is part of the APBPC’s efforts to provide opportunities for passive public recreation.

A. Contractor Duties:

The Albany Pine Bush Preserve Commission is soliciting price quotes from qualified construction and paving companies to provide the following services:

1. Site stakeout, final grading, paving, existing gravel removal and parking space paint striping of two Albany Pine Bush Preserve trailhead parking areas as described in detailed separate

PDF site plans, titled APBP Parking Area Improvement Project (5/21/26).

2. Locations of the two sites are shown on Attachment A map, and are located in Albany, NY.

3. Approximately 10,685 sq/ft total to be paved inclusive of both sites.

4. CAD files will be provided to the selected contractor to assist with the stakeout of the sites.

5. Existing soils, sand, gravel and asphalt may only be removed from the sites as necessary to properly accommodate the installation of the parking areas or as additionally required at the

Great Dune parking area.

6. Striping the parking spaces at each site shall be included in this project.

7. The Great Dune parking area will require the removal of approximately 78 cubic yards of existing gravel (old circular parking area) as shown on the site plans, to mineral soil

(assuming average 6 inch gravel depth).

8. Paving projects shall be completed between September 14 and November 13, 2026.

9. The Commission has applied to the City of Albany for ROW Access Review Permits as both sties are in the City of Albany limits. Final contract award is contingent on approval by the

City of Albany.

10. Fencing, plantings, and signage shown on site plans are NOT part of this bid package.

11. Contractor is responsible for contacting “UDIG.NY” and complying with all responses from all identified utilities before beginning any work. Written documentation from each and all identified utilities must be provided to the Commission before any site work begins.

12. Contractor is responsible for any and all local, state or federal permits as required. The

APBPC has applied to the City of Albany for ROW access permits to initially gain approval for each site and the proposed improvements.

13. Contractor shall use its best efforts to prevent the introduction and spread of invasive species to any part of the sites. Equipment shall arrive clean without visible soil, plant, or animal material.

14. Keep all oils, hydraulic fluids, grease and other equipment maintenance fluids used at the site in a leak proof box or container with a secure lid. All empty fluid bottles and cans shall be removed from the site daily and disposed of appropriately. An appropriate absorbent mat shall be used to protect the ground when any of these fluid containers are being used at the site on or near the equipment to prevent any leaks or spills from contacting the soil surface.

Any leaks or spills shall be properly cleaned up and disposed of immediately and reported to

Commission staff.

15. Contractor may not sub-contract all or any portion of this project without prior permission.

16. Contractor shall carry liability and worker’s compensation insurance as follows:

• General Liability insurance with limits of liability no less than:

a. Bodily Injury: $1,000,000 per occurrence/$1,000,000 aggregate

b. Property Damage: $ 500,000 per occurrence/$500,000 aggregate

• Automobile Liability insurance with limits of liability no less than a combined single limit of $1,000,000 per occurrence

• New York State Workers’ Compensation Insurance is required in accordance with the provisions of Workers’ Compensation Law.

• Employers Liability insurance is required with a limit of liability no less than $500,000 each per accident.

• Umbrella or Excess Liability coverage, with a minimum limit of $1,000,000 per occurrence/$1,000,000 aggregate.

17. Bids will be evaluated 70% for technical ability, 30% for total cost and will be scored by the project manager. All other scores being equal and acceptable, low bidder will generally be awarded the contract.

18. Contracts awarded over $100,000 to one contractor will require the completion and approval of the Vendor Responsibility Questionaire (VRQ). https://www.osc.state.ny.us/state-vendors/vendrep/file-your-vendor-responsibility-questionnaire

B. About the Albany Pine Bush Preserve Commission

The 3,400+ - acre Albany Pine Bush Preserve (APBP), located in New York’s Capital District, protects one of the best remaining inland pitch pine-scrub oak barrens in the world. This extraordinary fire-dependent ecosystem provides habitat for many plants and animals, including more than 20 percent of

New York State’s wildlife Species of Greatest Conservation Need, such as the endangered Karner blue butterfly. The APBP is a National Natural Landmark, Maurice D. Hinchey Hudson River Valley

National Heritage Area, National Recreation Trail Site, a New York State Unique Area, Birding Trail

Site, Bird Conservation Area, and a National Audubon Society Important Bird Area. Characterized by rolling sand dunes and over 20 miles of trails, the APBP offers visitors many recreational opportunities including hiking, bird watching, cross-country skiing, horseback riding, mountain biking, hunting, fishing and canoeing. The Albany Pine Bush Preserve Commission is a public-private partnership created by the NYS Legislature in 1988 to protect and manage the APBP and provide the public with educational and recreational opportunities. The Management Plan for the APBP guides all aspects of expanding and managing the preserve. The Commission’s goal is a preserve of 5,380 acres.

C. Location of job Sites: The Albany Pine Bush Preserve is located in the Capital District of New

York State. The project sites are shown on the attached maps in the Towns of Colonie and Guilderland and City of Albany.

D. Time Period to Respond:

Please submit proposals by email or in writing no later than September 9, 2026 .

• NY Prevailing Wage Rates (PWR) apply to this project. View the wage schedule here https://link.edgepilot.com/s/1d213fc5/m8Ff7QGWAkSnuVvevw858Q?u=https://apps.labor.ny.gov/wpp/p ublicViewProject.do?method=showIt%26id=1570898

• Please provide contact information for three similar reference jobs completed within the last 24 months.

• Provide cost individually for each of the two parking areas and also together lump sum.

• The Commission reserves the right to reject any and all bids.

Please Submit Proposals to:

Joel A. Hecht, Stewardship Director.

Albany Pine Bush Preserve Commission.

195 New Karner Road, Albany, NY 12205

Cell – (518)522-9195

Office (518) 690-2773 jhecht@albanypinebush.org.

https://www.osc.state.ny.us/state-vendors/vendrep/file-your-vendor-responsibility-questionnaire https://www.osc.state.ny.us/state-vendors/vendrep/file-your-vendor-responsibility-questionnaire https://link.edgepilot.com/s/1d213fc5/m8Ff7QGWAkSnuVvevw858Q?u=https://apps.labor.ny.gov/wpp/publicViewProject.do?method=showIt%26id=1570898 https://link.edgepilot.com/s/1d213fc5/m8Ff7QGWAkSnuVvevw858Q?u=https://apps.labor.ny.gov/wpp/publicViewProject.do?method=showIt%26id=1570898 mailto:jhecht@albanypinebush.org

ATTACHMENT A

ALBANY PINE BUSH PRESERVE COMMISSION

PURCHASING AND PROCUREMENT GUIDELINES

Adopted March 14, 2012

Amended June 21, 2012

Amended March 17, 2016

Amended March 15, 2018

The following Purchasing and Procurement Guidelines (“Guidelines”) of the Albany Pine Bush

Preserve Commission (“Commission”) were adopted by the Board of Directors of the Commission

(the “Board”). These Guidelines set forth the operative policy for the Commission regarding the use, awarding, monitoring and reporting of procurement contracts. The Guidelines are not intended and shall not be deemed to grant or confer any rights or remedies to or upon any third party. These

Guidelines shall be subject in all respects to any and all applicable federal, state or local laws, rules and regulations (“Applicable Procurement Laws”) governing the use, awarding, monitoring and reporting of procurement contracts. In the event of any conflict or inconsistency between this

Guidelines and any Applicable Procurement Law, such Applicable Procurement Law shall supersede, govern and control.

These Guidelines shall be subject to the annual review and approval of the Board.

1. Definitions:

For purposes of these Guidelines, the following terms shall have the following meanings:

A. The term “procurement contract” shall mean any written agreement for the acquisition of goods or services of any kind, in the actual or estimated amount of $5,000 or more.

B. The term “attempt to influence the procurement process” shall mean any attempt to influence any determination of a member, officer, or employee of the Commission by a person other than a member, officer or employee of the Commission with respect to (a) the solicitation, evaluation or award of a procurement contract; or (b) the preparation of specification or request for submissions of proposals for a procurement contract.

2. Applicability:

A. Except as otherwise provided herein, all Commission contracts are subject to these Guidelines.

3. Thresholds for Procurement Guidelines:

The Commission adopts the following purchasing and procurement threshold levels:

TOTAL PRICE METHOD OF SELECTING A VENDOR &

MAKING AN AWARD FOR PURCHASES

$0 to $4,999 Requires justification for both the vendor selection and the reasonableness of the price.

$5,000 to $14,999 Requires at least three (3) quotes. Vendor selection and reasonableness of price must be referenced.

$15,000 to $49,999 Requires written specifications and written quotes (unless an emergency situation, circumstances that threaten health or safety, or that negatively impact the Commission’s ability to generate revenue may allow for a waiver from this requirement); waiver requests are submitted directly to the Commission’s Executive Director for consideration and approval.

$50,000 and above Requires formal competitive procurement consisting of written specifications, solicitation of bids, and advertisement in the NYS Contract Reporter.

Note: Total price quotes must include all costs associated with the procurement; e.g., shipping, set-up, surcharges, deposits, etc.

When it becomes necessary to competitively bid an ongoing service, the anticipated dollar value of the purchase in total and/or the entire contract term should be considered before a procurement option is pursued.

4. Approvals:

All proposals for procurement contracts shall be reviewed and approved by the Executive Director or the Director of Finance and Operations of the Commission to determine the services required, the reasonableness of the proposed total price, and whether the procurement is consistent with the objectives of the account against which the procurement is applied. Legal counsel retained on behalf of the Commission may review and approve proposed contracts prior to execution. All procurement contracts shall be signed by the Executive Director. Payments are made on the basis of submitted invoices detailing the goods or services provided and/or certification of the contractors’ actual expenses and confirmation of receipt of goods and/or services.

5. Professional Service Procurement Contracts:

On occasion, the Commission requires the assistance of outside vendors and/or specialty firms to perform professional services. These may include, but are not limited to, part-time legal, audit, and accounting services and consulting services related to a specific subject matter, program or project.

In these instances, neither the Commission’s personnel, nor staff available by assignment from the

Department of Environmental Conservation or any other agency of New York State, have the particular area of experience or expertise to perform such services.

Before entering into professional service procurement contracts, the Commission shall consider whether the contemplated services may be adequately and cost effectively performed by staff of the

Commission or by available staff of some other State agency or under an existing State contract.

The Commission’s rationale for utilizing professional service procurement contracts may include the need for specialized expertise not available within the Commission or the need to provide services that do not arise on a sufficiently recurring basis to justify the hiring of an employee to provide the service.

All professional service procurement contracts must be approved by the Executive Director.

6. Requirements for the Selection of Vendors for Procurement Contracts:

A. The Commission shall make every effort to secure bids from outside vendors, contractors, or individuals for procurement contracts on a competitive basis, and to select from such bids the qualified vendor, contractor, or individual offering the most favorable terms. The Commission, in its attempt to secure procurement contracts on a competitive basis to the extent practicable as determined by the Executive Director or the Director of Finance and Operations, shall:

1. Solicit bids from vendors qualified in the area of the goods or services to be provided in accordance with these Guidelines;

2. Where required by Applicable Procurement Laws or these Guidelines, or where otherwise determined to be appropriate, solicit bids from additional vendors, contractors, or individuals through advertisement in the New York State Contract Reporter;

3. Evaluate bids received on the basis of the vendor, contractor, or individual’s technical qualifications, financial stability, past performance for the Commission, staff availability, experience, contract price, fee structure, compliance with bid requirements and any other necessary or appropriate criteria; and

4. Document the deliberative processes by which vendors, contractors, or individuals are selected.

B. Sole Source Procurement The Board, upon the adoption of these Guidelines, hereby waives the use of the procedure for selecting vendors, contractors, or individuals outlined in section A of this

Part 6 in those instances where it is determined by the Executive Director or the Director of Finance and Operations that, in the best interests of the Commission, it is not possible or practicable to secure such contracts on a competitive basis due to the specialized or unique nature of the goods or services required. In such instances, the approval shall be based upon documentation detailing: (1) the unique nature of the goods or services needed; (2) the basis upon which it was determined that there is only one known vendor able to meet the need; and (3) the basis upon which the

Commission determined the cost to be reasonable.

C. Single Source Procurement The Board, upon adoption of these Guidelines, hereby waives the use of the procedure for selecting contractors outlined in section A of this Part 6 in those instances where the Executive Director or the Director of Finance and Operations determines that two or more vendors, contractors, or individuals can supply the goods or services but one vendor, contractor, or individual is preferred over the others for reasons such as expertise or previous experience with similar contracts. In such instance, the approval shall be based upon documentation demonstrating the justification for selecting a single vendor, contractor, or individual. This justification may include: (1) past experience with a particular issue; (2) familiarity with specific agency operations; (3) experience with similar projects at other agencies or levels of government;

and (4) the basis upon which the Commission determined the cost to be reasonable.

D. The Board, upon adoption of these Guidelines, hereby waives the use of the procedure for selecting contractors outlined in section A of this Part 6 in those instances where the Executive

Director or the Director of Finance and Operations determines that the procurement of such services cannot await the solicitation/selection of such contractor pursuant to this procedure; or an emergency situation, circumstances that threaten health or safety, or circumstances that may negatively impact the Commission’s ability to generate revenue are evident.

E. Procurement contracts containing a renewal option may be renewed by the Executive Director or the Director of Finance and Operations, if it is determined to be in the best interest of the

Commission, contingent upon the mutual written agreement of both contractual parties, and subject to Applicable Procurement Laws.

F. The Board shall approve any procurement contract other than for emergency expenditures or expenditures previously approved in the Commission’s Annual Plan, budget or resolutions.

Consistent with Applicable Procurement Laws, all contracts involving services to be rendered in excess of one year shall be subject to approval by the Board.

G. Annually, the Commission shall review the performance of service contract arrangements to determine where and under what conditions certain contracts will be continued or discontinued.

H. Under certain circumstances and subject to Applicable Procurement Laws the Commission may amend existing approved contracts. The factors governing the consideration of such amendments shall include, but not be limited to, the following criteria:

1. The requirement for additional work to complete a particular project was unforeseen; it must be related to the scope of the original contract and must be deemed necessary for the completion of that project. The cost (if any) of the additional work must be demonstrated to be reasonable and must be consistent with the rates charged in the contract.

2. All contract amendments require the mutual written agreement of the Commission and the vendor, contractor, or individual.

7. Preparation of Annual Report on Procurement Contracts:

A report shall be made to the Board, on an annual basis, covering the status of all procurement contracts entered into. The Board shall review and approve the annual procurement report.

A. The annual report on procurement contracts shall include, without limitation:

1. The Guidelines and any amendments to the Guidelines since the last annual report;

2. A list of procurement contracts entered into since the last annual report; including the selection process used to select contractors and the status of existing procurement contracts;

3. A list of the fees, commissions and other charges paid to the contractors enumerated pursuant to clause 2 above;

4. The results of any allegation of improper lobbying influence and or non-responsibility pursuant to New York State Finance Law Sections 139-j and 139-k or other Applicable Procurement Laws;

and

5. A list of those contacts between Commission personnel involved in the determination of the procurement contract and employees, agents or consultants of any proposer competing for the contract, as required to be reported by New York State Finance Law Sections 139-j and 139-k or other Applicable Procurement Laws.

B. The Commission’s annual report on procurement contracts may be made a part of any other annual report the Commission is required to make.

C. The Commission shall make copies of its annual report on procurement contracts available to the public upon reasonable request.

D. The Commission will report annually on all procurement contracts pursuant to the provisions of

Section 2879 of the Public Authorities Law and other Applicable Procurement Laws.

E. Copies of the annual procurement report approved by the Board shall be sent to the Office of the

State Comptroller, Assembly Ways and Means Committee, the Senate Finance Committee, the

Division of the Budget, the Department of Economic Development, and to any other agency, department or third party as required by Applicable Procurement Laws.

8. Minority and Woman-Owned Business Enterprises:

The Commission, in order to encourage the use of Minority and Woman-Owned Business

Enterprises (“MWBE”) in procurement contracts, shall make a good faith effort to solicit bids from such enterprises known to have experience in the area of the goods and services to be provided, regardless of the type of contract. The Commission shall consult any list maintained by any state agency or department known to the Commission which identifies MWBEs by area of expertise and contact such enterprises to solicit their bids. Furthermore, if the performance of any procurement contract permits or requires the use of a subcontractor, these contracts shall require the prime contractor to act affirmatively to encourage participation by MWBEs in such subcontract and to report the nature and extent of such efforts to the Commission. For the purpose of these

Procurement Guidelines, the terms “Minority Business Enterprise” and “Woman-Owned Business

Enterprise” shall have the respective meanings assigned to them in Sections 2879(3)(c) and (e) of the Public Authorities Law.

For all other procurements subject to Section 2879 of the Public Authorities Law, the procedures incorporated in the Commission’s approved Minority and Women-Owned Business Goal Plan

(“Plan”) shall be strictly followed (except to the extent in conflict with any requirements under

Applicable Procurement Laws). This Plan and its procedures are hereby incorporated into these

Guidelines by reference.

In furtherance of the provisions of this Part:

A. The Commission shall designate one or more senior staff to oversee its programs established to promote and assist: (i) participation by certified MWBEs in the Commission’s procurement opportunities and facilitation of the award of procurement contracts to such enterprises; (ii) the utilization of certified MWBEs as subcontractors and suppliers by entities having procurement contracts with the Commission; and (iii) the utilization of partnerships, joint ventures or other similar arrangements between certified MWBEs and other entities having procurement contracts with the Commission.

B. In addition to publication of procurement contracts in the State’s procurement opportunities newsletter, the Commission shall also provide notice to professional and other organizations that serve MWBEs providing the types of goods or services procured by the Commission.

C. The Commission shall maintain lists of qualified certified MWBEs, including professional firms that have expressed interest in doing business with the Commission, and ensure that such lists are updated regularly. The Commission shall also consult the lists of certified MWBEs maintained by the Department of Economic Development pursuant to Article 15-A of New York’s Executive Law.

D. The Commission shall establish appropriate goals for participation by MWBEs in procurement contracts awarded by the Commission and for the utilization of MWBEs as subcontractors and suppliers having procurement contracts with the Commission.

E. The Commission shall include requirements as provided by Section 2879 of the Public

Authorities Law that will enable the Commission to achieve the maximum feasible portion of the goals established pursuant to this Part and shall endeavor to eliminate barriers to participation by

MWBEs in the Commission’s procurements contracts. The Commission shall include:

1. The expected degree of MWBE participation;

2. Provisions relating to joint ventures, under which a bidder may count toward meeting its MWBE participation goal;

3. Provisions under which the Commission may waive obligations of the contractor relating to

MWBE participation after a showing of good faith efforts to comply with the requirements of these

Guidelines and all Applicable Procurement Laws pursuant to the waiver provisions contained in

Article Fifteen-A of the Executive Law; and

4. Verification that MWBEs listed in a successful bid are actually participating to the extent listed on the project for which the bid was submitted.

9. Procurement Contracts with Former Directors, Officers or Employees of the

Commission:

The Commission may not enter into procurement contracts with former directors, officers or employees of the Commission where such contracts would be in contravention of law, would create a conflict of interest or would create the appearance of impropriety.

10. Procedural Controls to Prohibit Improper Lobbying Influence:

The Commission will ensure that procurement contracts comply with the provisions set forth in

New York State Finance Law Sections 139-j and 139-k to ensure that improper lobbying influence relative to all procurement contract awards does not take place and to ensure that potential vendors, contractors, and individuals are deemed responsible. Attachment A provides guidance for compliance with Finance Law Sections 139-j and 139-k. Employees and officers should refer to the full text of Finance Law Sections 139-j and 139-k to resolve any specific questions and/or circumstances that may arise.

A. Employee Reporting Requirements

Any Commission officer, Board member, or employee who becomes aware of any improper lobbying influence or any attempt to influence the procurement process shall immediately notify the

Commission’s Ethics Officer. The Ethics Officer shall review and immediately investigate any and all allegations of improper lobbying influence or attempt thereof, or any attempt to influence the procurement process. The contractor, vendor, or individual shall have an opportunity to be heard in response to any allegation. If the attempt to influence the procurement process is found to have occurred, then the Commission may impose such sanctions as it deems appropriate, which may include but shall not be limited to the elimination of the proposal from consideration with respect to that contract award.

Acceding to improper lobbying influence or failure to report any attempt to influence the procurement process is a violation of Commission policy and employee violations of this policy may be the basis for disciplinary action and, depending on the circumstances, may be a violation of

New York Public Officers Law Section 73(5) or Section 74, subject to enforcement by the New

York State Commission on Public Integrity. In addition, where such conduct violates the Public

Officers Law, such matter shall be referred to the Office of the Inspector General and the New York

State Commission on Public Integrity, as may be appropriate.

11. Vendor Responsibility:

In accordance with the guidelines set forth in the NYS Office of the State Comptroller’s bulletin G-

221, the Commission shall make every effort to ensure that potential contractors are deemed responsible. The Commission shall review such contractors to the extent necessary to ensure that the Commission is satisfied that the contractor satisfies the following criteria:

A. The contractor is legally authorized to do business in New York State;

B. The contractor possesses the integrity to perform the contract;

C. The contractor is financially capable of carrying out the contract; and

D. The contractor has performed satisfactorily on other government contracts.

12. Review and Approval of Guidelines and Report of Procurement Contracts:

The Commission’s Governance Committee will advise the Board of recommendations to update or modify these Guidelines for compliance with Applicable Procurement Laws, and consistency with best practices. The Board shall adopt an annual Report of Procurement Contracts and disseminate it in accordance with Section 7(e) of these Guidelines.

13. Effect of Noncompliance with Guidelines:

Failure by the Commission to comply with the provision of these Guidelines shall not be deemed to alter, or in any way affect the validity of, or modify the terms of, or impair any rights or privileges of the Commission under any procurement contract entered into by the Commission.

ATTACHMENT A

SUMMARY OF AND GUIDELINES FOR COMPLIANCE WITH

§139-J and §139-K OF THE NEW YORK STATE FINANCE LAW

Section 139-j of the New York State Finance Law imposes restrictions on how a person may communicate with a governmental entity, such as the Albany Pine Bush Preserve Commission

(hereafter, referred as “the Commission”), concerning a governmental procurement during a period of time called the “restricted period,” which is defined broadly as the period of time commencing from the earliest written notice announcing a government procurement until the award is approved by the State Comptroller.

These requirements cover a wide range of government contracting transactions, including the purchase of a commodity, service, technology, public work, construction and revenue contract, or the purchase, sale or lease of real property or the acquisition or the granting of other interests in real property (hereafter referred as “governmental procurement or procurement contract.” Any prospective vendor or related party in the private sector (hereinafter referred to as “the vendor”) interested in contacting the Commission concerning anyone of these types of transactions is covered under the provisions of the new law, which limits the way that such person can communicate with the Commission during the “restricted period.”

For each governmental procurement, the Commission will designate an employee or employees that may be contacted by the vendor concerning all aspects of the governmental procurement. With very few statutory exceptions, the vendor is required to communicate during the restricted period with this designated person(s) designated by the Commission (herein referred to as the “Commission

Designee”). If vendor communication can be inferred by a reasonable person to be an attempt to influence the procurement, by law the vendor is required to only communicate with the

Commission Designee. If communication with a vendor is interpreted as an attempt to influence the procurement, the Commission Designee is required to record your name, address, telephone number, place of principle employment, and occupation of the vendor making the contact and inquire and record whether the vendor making the contact is a principal vendor or was hired by the principal vendor to make the contact. This recorded information must be retained in the procurement record.

If, however, the vendor communicates with someone other than the Commission Designee and the vendor communication can be construed by a reasonable person to be an attempt to influence the governmental procurement, and the communication is not otherwise listed as an exception to the law, this communication will be deemed impermissible per the terms of the law which requires that the communication be reported to the Commission’s Ethics Officer for investigation. If a communication during the “restricted period” may be deemed an attempt to influence the procurement such communication may only be with the Commission Designee.

It is the policy of the Commission to interpret as broadly as possible what communications are intended to influence the governmental procurement, and are not just those attempts to influence the procurement in such a manner that would be in violation of the ethical prohibitions against gifts or which would result in any violation of the Ethics Law. Communications of a nature that are in violation of the Ethics Law will be immediately reported to the Ethics Officer for investigation regardless of whether the contact was made to the Commission designee or someone else.

As referenced before, the law specifically permits certain types of contacts by persons to the

Commission concerning the governmental procurement. These are:

• the submission of written proposals in response to a request for proposal, invitation for bids or any other method for soliciting a response from interested parties;

• the submission of written questions to a designated contact, when all written questions and responses are to be disseminated to all persons interested in such procurement;

• participation in a conference where all interested parties are invited to attend;

• written complaints made to the General Counsel’s Office of the Commission concerning the timely response to issues posed to the designated person, provided that such written complaints are made part of the procurement record;

• communications where the contract award has been tentatively made and where such communications are necessary to negotiate the terms of the procurement contract;

• requests made to the designated person or persons to review the procurement award; and

• written protests, appeals, or other review proceedings to either the Commission or an outside agency.

Any contact alleged to be an impermissible contact under the law will be immediately referred to and investigated by the Commission’s Ethics Officer. The Ethics Officer shall promptly investigate the allegation by interviewing all employees or vendors involved or who are believed to have information about the impermissible contact. If sufficient cause exists to believe that such allegation is true, the vendor being investigated shall be given notice that an investigation is ongoing and such vendor shall be afforded an opportunity to be heard in response to the allegation either by responding in writing or by providing a statement before the Ethics Officer, who shall record by appropriate means such statement for the record. The Ethics Officer shall keep a record of the investigation and shall make a written finding of the results of such investigation and report these findings to the Executive Director.

In addition, a finding by the Ethics Officer that a vendor has knowingly and willingly violated the law by making an impermissible contact shall result in a determination of non-responsibility and such vendor and all associated subsidiaries of such vendor shall not be awarded the procurement contract. The determination of non-responsibility shall also be forwarded to the Commissioner of the Office of General Services (or his or her designee), which by law is required to keep a list of such determinations for public inspection. Determinations of non-responsibility must be disclosed in all future responses to New York State procurements. With few exceptions, no procurement contract shall be awarded to any vendor who fails to disclose findings of non-responsibility within the previous four years.