INVITATION FOR BIDS

FOR

UTILITY VEHICLES

This page is intentionally left blank i

I. CONTRACTING PARTY

II. CONTRACT DESCRIPTION

III. BASIS OF AWARD

IV. DESIGNATED POINT OF CONTACT

V. TIME TABLE

VI. GENERAL REQUIREMENTS

VII. BID SUBMISSION REQUIREMENTS

VIII. BID WITHDRAWAL

IX. INSURANCE REQUIREMENTS

X. BID TERMS AND CONDITIONS

XI. IRAN DIVESTMENT ACT

XII. EXECUTIVE ORDER 16

EXHIBIT A – SCOPE OF WORK

EXHIBIT B – BID SUBMISSION PACKET:

-EXHIBIT B-1 – ADMINISTRATIVE AND COMPLIANCE FORMS

-EXHIBIT B-2 – BID SHEET

EXHIBIT C – CONTRACTOR REQUIREMENTS AND PROCEDURES FOR

PARTICIPATION BY NEW YORK STATE-CERTIFIED MBEs/WBEs/SDVOBs AND EQUAL

EMPLOYMENT OPPORTUNITIES FOR MINORITY GROUP MEMBERS AND WOMEN

EXHIBIT D – LIST OF BPCA BOARD MEMBERS AND EMPLOYEES

EXHIBIT E – BPCA FORM OF CONTRACT

I. CONTRACTING PARTY

This Information for Bids (the “IFB” or “Solicitation”) is being solicited by the Battery Park City Authority d/b/a Hugh L. Carey Battery Park City Authority (“BPCA” or the “Authority”),a New York State public benefit corporation responsible for financing, developing, constructing, maintaining, and operating Battery Park City as a richly diversified mixed-use community providing residential and commercial space, with related amenities such as parks, plazas, recreational areas, and a waterfront esplanade. A summary of BPCA’s structure, mission, and history, as well as the Battery Park City project area, may be viewed at: http://bpca.ny.gov/. Public information regarding BPCA’s finances, budget, internal controls, guidelines, and policies may be viewed at: http://bpca.ny.gov/public-information/.

II. CONTRACT DESCRIPTION

BPCA seeks to procure twenty-two (22) Taylor-Dunn utility vehicles or approved equivalents, as determined by BPCA1, meeting or exceeding all specifications set forth in Exhibit A (Scope of Work).

The successful Bidder shall provide all labor, materials, equipment, supplies, transportation, supervision, and/or other items as applicable necessary to perform the Work in accordance with the Contract Documents, which are comprised of this IFB and all attachments, exhibits and appendices, including but not limited to the Authority’s Standard Form of Contract which is attached as Exhibit F.

New York State-certified Minority-Owned Business Enterprises (“MBE”), Women-Owned Business Enterprises (“WBE”) and Service-Disabled Veteran-Owned Business Enterprises (“SDVOB”) are encouraged to submit Bids.

III. BASIS OF AWARD

The purpose of this IFB is to obtain competitive bids (“Bids”) from qualified, authorized and responsible firms (“Bidder”) to furnish such goods and/or services in accordance with the requirements set forth in the Contract Documents. BPCA will evaluate Bids received and make a contract award pursuant to the following:

A. Responsiveness — BPCA will review each Bid to determine whether it complies with the material requirements of this IFB. Qualified, conditional or unbalanced Bids, Bids which are at variance with any provision of the Contract Documents or fail to meet any requirement thereof, including but not limited to the Minimum Qualification Requirements set forth in Section VI., below, will be rejected as non-responsive.

1 The Bidder shall provide sufficient documentation demonstrating equivalency. BPCA shall determine equivalency in its sole discretion.

http://bpca.ny.gov/ http://bpca.ny.gov/public-information/

B. Responsibility — In order to qualify as a responsible Bidder, a Bidder must prove, to the satisfaction of the Authority, that it has the integrity, skill, experience, facilities, financial resources and stability to successfully and faithfully perform the Work in accordance with the requirements contained herein. To demonstrate responsibility, Bidder must show that:

a. It has satisfactorily performed work of the same general type as required for this

IFB;

b. It has sufficient management resources, including an appropriate project management team to be assigned to the project to ensure that the project will be properly coordinated, managed and completed on schedule; and

c. It has no ongoing commitments or contractual obligations that will impair or adversely impact its performance of the work required hereunder.

BPCA, in its sole discretion, will determine the responsibility of the apparent low Bidder.

C. Award — The Contract will be awarded to the lowest responsive and responsible Bidder as determined by BPCA.

IV. DESIGNATED POINT OF CONTACT

Bidders are advised that communication for this IFB shall only be made to the designated contact person pursuant to New York State Finance Law Section 139-j and 139-k. BPCA has designated the following individual to serve as the single point of contact for this IFB:

Shinay Stewart Associate Contracting Officer Battery Park City Authority 200 Liberty Street New York, New York, 10280 Phone Number: (917) 363-7488 E-Mail: shinay.stewart@bpca.ny.gov

Inquiries regarding this IFB shall be made via e-mail and shall contain the Name of the IFB as well as the name of the Bidder in the subject line.

New York State’s State Finance Law sections 139-j and 139-k apply to this IFB, restricting Bidders’ contacts with BPCA. Bidders are restricted from making any contact (defined as oral, written or electronic communications with BPCA under circumstances where a reasonable person would infer that a communication was intended to influence BPCA’s conduct or decision with respect to a procurement) relating to this IFB with anyone other than the Designated Contact, as specified in Section IV., or MBE/WBE/SDVOB Designated Contact, ,specified in section IV.C., from the time of Bidder’s receipt of notice of this IFB through the date of the Final Award as defined in BPCA’s Procurement Guidelines (the “Restricted Period”). BPCA employees must record certain contacts mailto:shinay.stewart@bpca.ny.gov during the Restricted Period, including, but not limited to, any oral or written communications that could reasonably be seen as intended to influence BPCA’s conduct or award of this IFB. Upon notice of an improper contact, BPCA shall make a determination regarding the Bidder’s eligibility to continue participating in this IFB.

V. TIMETABLE

Procurement Step Date and Time

IFB Issued August 19, 2026

Virtual Pre-Bid Conference – Attendance is Optional. If you’d like to attend, please RSVP with Shinay.Stewart@bpca.ny.gov for a link to the Teams Meeting.

August 26, 2026

Deadline to Submit Questions to BPCA Designated Contact September 2, 2026

BPCA’s Response to Substantive Questions – Responses will be provided in the form of an addendum to be posted on BPCA’s website at https://bpca.ny.gov/apply/rfp-opp/

September 10, 2026

BID DUE DATE –

A Dropbox Link will be made available five days prior on BPCA’s website at https://bpca.ny.gov/apply/rfp-opp/

September 17, 2026, at

3:00 PM

BID OPENING –

The Bid Opening is the date and time at which all timely submitted bids are opened simultaneously. All bids will remain confidential and unopened until the Bid Opening.

September 17, 2026, at

3:15 PM

ANTICIPATED AWARD DATE November 2026 mailto:Shinay.Stewart@bpca.ny.gov https://bpca.ny.gov/apply/rfp-opp/ https://bpca.ny.gov/apply/rfp-opp/

VI. GENERAL REQUIREMENTS

A. Minimum Qualification Requirements

The following are the minimum qualification requirements for this IFB. Bids that fail to meet these requirements will be rejected as non-responsive.

1. Authorized to do business in the State of New York,

2. Minimum of five (5) years of experience providing utility vehicles and related support services,

3. Successfully completed at least (3) projects of similar scope within the past five (5) years,

4. Manufacturer-Authorized Dealer, Distributor, or Reseller of the proposed utility vehicle products,

5. Demonstrated ability to provide warranty services, maintenance support, and replacement parts for the proposed vehicles.

B. Bid Security BPCA does not require a Bid bond for this IFB.

C. MBE/WBE/SDVOB Participation Goals and Requirements

NYS-Certified Minority-Owned Business (“MBE”) Participation: 0% NYS-Certified Women-Owned Business (“WBE”) Participation: 0% NYS-Certified Service-Disabled Veteran Owned Business Participation: 0%

Contractor requirements and procedures for business participation opportunities for New York State certified MBEs/WBEs/SDVOBs and equal employment opportunity requirements relating to minority group members and women are attached as Exhibit C.

For questions relating to MBE/WBE/SDVOB participation, joint ventures and sub-contracting goals only, please contact the “MBE/WBE/SDVOB Designated Contact” Zag Kimpolo at zag.kimpolo@bpca.ny.gov or 212-417-2339.

VII. BID SUBMISSION REQUIREMENTS

A. Required Bid Documents

Each Bidder shall upload the following 2 PDF files through BPCA’s Dropbox submission link:

PDF #1 – Bid Submission

1. Bid Pricing Schedule (Exhibit B-2)

PDF #2 – Administrative and Compliance Forms

1. Administrative Forms (Exhibit B-1)

2. MWBE & SDVOB forms, if applicable

3. Financial Statements

4. Any additional certifications or forms required by this IFB

B. Bid Submission

Bids must be received by BPCA no later than the Bid Due Date specified in Section V. Late submissions will not be accepted.

BPCA will receive Bids through a secure electronic Dropbox submission link. The Dropbox submission link will be posted on BPCA's website no later than five (5) calendar days prior to the Bid Due Date.

The Dropbox submission link is configured for submission purposes only. Bidders will not have access to view, edit, download, or otherwise access any materials submitted by other Bidders.

Each Bidder shall upload the required Bid documents identified in Section VII.A through the Dropbox submission link. Bids submitted by e-mail, facsimile, mail, hand delivery, or any other method will not be accepted unless expressly authorized in writing by BPCA.

Each required PDF file shall be clearly named as follows:

• [Bidder Name]_PDF 1_Bid Submission

• [Bidder Name]_PDF 2_Admin Forms

Bidders are solely responsible for ensuring that all required files are successfully uploaded prior to the Bid Due Date and time. BPCA shall not be responsible for internet connectivity issues, system failures, file corruption, user error, or any other circumstance that prevents a Bidder from timely submitting its Bid.

The Dropbox submission link will automatically expire at the exact date and time established as the Bid Due Date. Upon expiration of the link, no additional uploads, revisions, modifications, replacements, or supplemental submissions will be accepted.

Submission of files through the Dropbox submission link shall constitute receipt of the Bid by BPCA. Bidders are encouraged to complete their uploads sufficiently in advance of the Bid Due Date to avoid any last-minute technical difficulties.

Any Bid not received through the Dropbox submission link prior to the Bid Due Date and time shall be deemed late and non-responsive.

C. Bid Modifications

A Bidder may modify or replace its Bid at any time prior to the Bid Due Date by submitting a revised Bid clearly labeled:

“AMENDED BID – UTILITY VEHICLES IFB”

Any amended Bid must be received by BPCA prior to the Bid Due Date. The most recent timely submission received by BPCA shall be deemed the Bidder's official Bid and shall supersede all prior submissions. Bids or modifications to Bids received after the Bid Due Date will be considered non-responsive and will not be reviewed.

VIII. BID WITHDRAWAL

By submitting a Bid, a Bidder agrees that its Bid shall remain irrevocable for a period of one hundred twenty (120) calendar days following the Bid Due Date. After the expiration of such period, a Bidder may withdraw its Bid by providing written notice to BPCA. Any award made by BPCA prior to its receipt of such written notice shall remain valid and binding upon the Bidder.

IX. RESERVED

X. INSURANCE REQUIREMENTS

1) General Requirements

The total cost of the required insurance listed in paragraphs 2) and 3) below, must be incorporated into the Bid Sheet. The additional insured protection afforded BPCA and the State of New York must be on a primary and non-contributory basis. All policies must include a waiver of subrogation in favor of BPCA and the State of New York, no policies may contain any limitations / exclusions for New York Labor Law claims, and cross liability coverage must be provided for BPCA and the State of New York.

All of the carriers that provide the below required insurance must be rated “A-:VII” or better by A.M. Best and must provide direct written notice of cancellation or non-renewal to BPCA and the State of New York at least 30 days before such cancellation or non-renewal is effective, except for cancellations due to non-payment of premium, in which case 10 days written notice is acceptable.

2 ) Insurance Requirements for the Selected Bidder

The selected Bidder and any subcontractors/suppliers used in performing any work on an awarded contract will be required to obtain and provide proof of the types and amounts of insurance listed below: (i) as a condition precedent to the award of the contract for the Project; and

(ii) continuing throughout the entire Term. The insurance policies listed below must also conform to the applicable terms of the Contract, as shown in BPCA’s sample form of contract attached.

• Commercial General Liability Insurance, written on ISO Form CG 00 01 or its equivalent and with no modification to the contractual liability coverage provided therein, shall be provided on an occurrence basis and limits shall not be less than:

• $1,000,000 per occurrence

• $2,000,000 general aggregate which must apply on a per location / per project basis

• $2,000,000 products/completed operations aggregate

BPCA and the State of New York must be protected as additional insureds on ISO Form CG 2010 (11/85) or its equivalent on policies held by the selected Proposer and any of its subcontractors. Securing the required limits via a combination of primary and umbrella/excess liability policies is allowed. The General Aggregate limit must apply on a per project basis on the primary General Liability policy should a combination of primary and Umbrella/Excess liability policies be utilized to secure the required total limits of coverage.

• Automobile Liability Insurance with a combined single limit of not less than $1,000,000. Coverage must apply to the Proposer’s owned, hired, and non-owned vehicles and protect BPCA, BPCPC, and the State of New York as additional insured.

• Workers’ Compensation, Employer’s Liability, and Disability Benefits shall not be less than statutory limits, including United States Longshore and Harbor Workers Act coverage as applicable to the operations of the Proposer.

• Motor Truck Cargo Insurance must be maintained at a limit of not less than the value of the product being delivered.

XI. BID TERMS AND CONDITIONS

A. Bid Mistake

A Bidder claiming a mistake in its Bid shall notify BPCA in writing as soon as practicable after discovery of the alleged mistake and provide any information reasonably requested by BPCA concerning the nature of the mistake.

BPCA shall review the request and determine, in its sole discretion and consistent with applicable law and BPCA's Procurement Guidelines, whether the Bid may be withdrawn or otherwise addressed.

Nothing herein shall obligate BPCA to permit the withdrawal, correction, or modification of a Bid after the Bid Due Date.

B. Questions and Addenda

a. Prior to submission of a Bid, prospective Bidders shall examine the Contract Documents carefully and submit in writing any questions regarding the following:

i. An interpretation, clarification or correction of any ambiguity, inconsistency or error in any of the Contract Documents;

ii. Any substantive amendment which the Bidder desires to have made to the Contract Documents; and

iii. Any reservation of rights by the prospective Bidder specifying any item or material that may comprise any part of the Work as to which the Bidder wishes to reserve its rights under any applicable law or rule, including but not limited to intellectual property or confidentiality.

b. Any questions must be submitted to the Designated Contact by no later than the date set forth in Section V. of this IFB. A Bidder’s failure to request any clarification, interpretation or correction will preclude such Bidder from thereafter claiming any ambiguity, inconsistency or error in the Contract Documents.

c. BPCA reserves the right to respond, or not respond, to any questions received. In the event BPCA issues a response, it will be done by the date and in the format listed in Section V. Responses will not identify specific Bidders who asked any questions.

C. Reserved Rights

This IFB, including attachments, exhibits, and any amendments or addenda (collectively, the “IFB”) is subject to the rights reserved by BPCA, including, but not limited to BPCA’s right to:

• Issue any number of amendments revising any of the Contract Documents, including but not limited to any date(s) set forth in the IFB, or responding to Bidder questions;

• Prior to the Bid Opening, direct Bidders to submit Bid modifications addressing subsequent amendments to the Solicitation;

• Reject any or all Bids received in response to the Solicitation;

• Withdraw the Solicitation at any time, at BPCA’s sole discretion;

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

• Disqualify any Bidder whose conduct and/or Bid fails to conform to the requirements of the Solicitation;

• Require correction of arithmetic or other apparent errors for the purpose of assuring a full and complete understanding of a Bid and/or to determine a Bidder’s compliance with the requirements of the Solicitation.

D. Contract Execution and Award

a. A contract in the form set forth on Exhibit E hereto will be awarded to the responsive and responsible Bidder with the lowest Bid price. A Bidder’s execution of its Bid, upon acceptance by the Authority, shall be deemed to bind it to this contract and no exceptions to the terms and conditions will be considered.

b. BPCA will issue a notice of award informing the successful Bidder that it has been awarded the contract, however Work under the contract will not proceed until BPCA separately issues a notice to proceed.

E. Reservation of Rights

BPCA is not liable or responsible in any way for any expenses incurred in the preparation of a Bid in response to this IFB. All information submitted in response to this IFB is subject to the Freedom of Information Law, Article 6 of the New York State Public Officers Law (“FOIL”), which requires public access to certain documents possessed by BPCA, unless a specific exemption applies. Bidders are responsible for identifying any information in their respective Bids considered to be confidential and exempt from FOIL.

BPCA, however, is obligated to disclose information consistent with the requirements of FOIL, NYS Public Officers Law Section 87.

XII. IRAN DIVESTMENT ACT

By submitting a Bid or by assuming the responsibility of any Contract awarded hereunder, each Bidder certifies that it is not on the “Entities Determined To Be Non-Responsive Bidders/Offerers Pursuant to The New York State Iran Divestment Act of 2012” list (“Prohibited Entities List”) posted on the New York State Office of General Services website at:

http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf and further certifies that it will not utilize any subcontractor/consultant that is identified on the Prohibited Entities List on this Contract. The selected Bidder agrees that should it seek to renew or extend any Contract awarded hereunder, it must provide the same certification at the time the Contract is renewed or extended.

The selected Bidder also agrees that any proposed assignee of the Contract will be required to certify that it is not on the Prohibited Entities List before BPCA may approve a request for assignment of the Contract.

During the term of any Contract awarded hereunder, should BPCA receive information that a person (as defined in State Finance Law §165-a) is in violation of the above-referenced certifications, BPCA will review such information and offer the person an opportunity to respond.

If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the New York State Iran Divestment Act of 2012 within 90 days after the determination of such violation, then BPCA shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, seeking compliance, recovering damages, or declaring the selected Bidder in default of the awarded Contract.

BPCA reserves the right to reject any request for renewal, extension, or assignment for an entity that appears on the Prohibited Entities List prior to the renewal, extension, or assignment of the Contract, and to pursue a responsibility review with the selected Bidder should it appear on the Prohibited Entities List hereafter.

XIII. EXECUTIVE ORDER 16

Pursuant to Executive Order 16 dated March 17, 2022, all State agencies and authorities are prohibited from entering into any new contract or renewing any existing contract with an entity conducting business operations in Russia. As part of this solicitation, each firm is required to certify that the firm is not an ‘entity conducting business operations in Russia.’ Certification under Executive Order No. 16 can be found in Exhibit B-1: IFB Submission Packet.

A-1

EXHIBIT A

Scope of Work

Model Configuration Key Features Quantity

Taylor-Dunn Bigfoot XL Li- Ion

2-Seater EV Utility Vehicle

Eco Cab, removable vinyl doors, steel box with locking doors, Taylor Green, undercoating, Li- Ion battery (23.3 kWh), onboard 1 kW charger

Taylor-Dunn Bigfoot XL Li- Ion

2- Seater EV Utility Vehicle, Open Air

54” x 77” bed, 14” deck rails, Taylor Green, undercoating, Li- Ion battery (12.3 kWh) charge

Taylor-Dunn Bigfoot Li-Ion

2-Seater EV Utility Vehicle

Eco Cab with vinyl doors, 44” x 77” bed, 14” deck rails, Taylor Green, undercoating, Li-Ion battery (12.3 kWh)

Taylor-Dunn Bigfoot Li-Ion

4-Seater EV Utility Vehicle, Open Air

44” x 77” bed, 14” deck rails, Taylor Green, undercoating, Li- Ion battery (12.3 kWh)

TOTAL: 22

Delivery Requirements

The successful Bidder must deliver all vehicles to:

Battery Park City Authority

75 Battery Place

New York NY 10280

Delivery Hours: Monday through Friday, between 7:30AM and 3:00PM

Required Delivery Date:

All vehicles must be delivered within 180 calendar days of Notice of Award. The Contractor shall make deliveries on a rolling basis as vehicles become available from the manufacturer and shall not intentionally delay completed vehicles pending delivery of the entire order.

A-2

Registration Documentation:

At the time of delivery, the Contractor shall provide all documentation required for BPCA to obtain title, registration, and license plates for each vehicle from the New York State Department of Motor Vehicles. Such documentation shall include, at a minimum, the manufacturer's certificate of origin (or certificate of title, where applicable), bill of sale, and any other forms or documents required for registration of the vehicles in New York State.

Delivery shall not be deemed complete until all required registration, title, warranty, and ownership documentation has been furnished to BPCA.

Technical Specifications:

A. 2-Seater EV Utility Vehicle

Taylor-Dunn Bigfoot (QTY: 9)

The vehicle shall meet the following specifications:

• 44-inch width

• Low speed utility vehicle with low step height

• Easy steering and high operator visibility

• Emergency power cutoff switch

• Horn

• Turning radius of 137 inches

• Adjustable front bucket seats

• 44”x77” diamond plate cargo bed Payload capacity, 3,000 lbs.

• Towing capacity, 7,500 lbs.

• Eco Cab Metal Cab with vinyl doors

• Unitized 12-gauge welded steel body

• Non-slip flooring

• Galvanized frame option

• Undercoating

• Pneumatic tires5.70 x 8, Load Range C

• Soft-ride shocks

• Taylor Green finish (approved color match)

• Lithium-ion battery system

• Built-in charger with compatible 120V outlets

• Hitch with pintle and ball combination

• Hand-operated parking brake

• Automatic battery disconnects after ten minutes inactive

• Regeneration braking

• Deck Rails

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• 14-inch stake sides with end gate

B. 4-Seater EV Utility Vehicle

Taylor-Dunn Bigfoot (QTY: 9)

The vehicle shall meet the following specifications:

• 44-inch width

• Low speed utility vehicle with low step height

• Easy steering and high operator visibility

• Emergency power cutoff switch

• Horn

• Turning radius of 137 inches

• Adjustable front bucket seats

• Fold-away rear seat accommodating 2 or 4 passengers

• Minimum 44”x77” diamond plate cargo bed

• Payload capacity, 3,000 lbs.

• Towing capacity, 7,500 lbs.

• Unitized 12-gauge welded steel body

• Non-slip flooring

• Galvanized main frame option

• Undercoating

• Pneumatic tires 5.70 x 8, Load Range C

• Soft-ride shocks

• Taylor Green finish (approved color match)

• Lithium-ion battery system

• Built-in charger with compatible 120V outlets

• Hitch with pintle and ball combination

• Hand-operated parking brake

• Automatic battery disconnects after ten minutes inactive

• Regeneration braking

• Deck Rails

• 14-inch stake sides with end gate

C. 2-Seater EV Utility

Taylor-Dunn Bigfoot XL (QTY: 3)

The vehicle shall meet the following specifications:

A-4

• 57-inch width

• Low speed utility vehicle with low step height

• Easy steering and high operator visibility

• Emergency power cutoff switch

• Horn

• Turning radius of 145 inches

• Adjustable front bucket seats

• Minimum 54” x 77” diamond plate cargo bed

• Payload capacity, 3,000 lbs.

• Towing capacity, 10,000lbs.

• Eco Cab metal cab with vinyl doors (where specified)

• Unitized 12-gauge welded steel body

• Non-slip flooring

• Galvanized frame option

• Undercoating

• Taylor Green finish (approved color match)

• Lithium-ion battery system

• Built-in charger with compatible 120V or 220V outlets

• Hitch pintle and ball combination

• Hand-operated parking brake

• Automatic battery disconnects after ten minutes inactive

• Regeneration braking

• Deck Rails

• 14-inch stake sides with end gate

• Vehicle width: 44”

• XL body

D. 2-Seater EV Utility Vehicle with Cab

Taylor-Dunn Bigfoot XL (QTY: 1)

This vehicle shall meet all specification listed above for the Bigfoot XL model and additionally include:

• Eco Cab

• Removable vinyl doors

• Steel cargo box with locking doors

• Reference configuration consistent with Serial No. 203517

A-5

Warranty Requirements:

The bidder shall provide detailed warranty information for the vehicle, battery system, powertrain, onboard charger, and corrosion protection. At a minimum, warranty coverage shall include a three (3) year comprehensive vehicle warranty, a five (5) year powertrain warranty, a five (5) year corrosion warranty, and an eight (8) year lithium-ion battery warranty guaranteeing not less than seventy percent (70%) of original battery capacity. Bidders shall also provide pricing for available extended warranty options.

Approved Equivalents:

References in this Scope of Work to specific manufacturers, models, or product names are intended solely to identify the level of quality, performance, design, and functionality desired by BPCA. BPCA may consider approved equivalents, provided that the product meets or exceeds all specifications set forth herein.

B-1

EXHIBIT B-1

Administrative & Compliance Forms

I. BID SUBMISSION CHECKLIST AND CONFIRMATION STATEMENT

[ ] The Bidder hereby certifies that they meet the Minimum Qualification Requirements as stated in Section V.A of the IFB (please initial next to the requirements).

Authorized to do business in the State of New York. □ Yes __________

Minimum of five (5) years of experience providing utility vehicles and related support services.

□ Yes __________

Successfully completed at least (3) projects of similar scope within the past five (5) years.

□ Yes __________

Manufacturer-Authorized Dealer, Distributor, or Reseller of the proposed utility vehicle products.

□ Yes __________

Demonstrated ability to provide warranty services, maintenance support, and replacement parts for the proposed vehicles.

□ Yes __________

[ ] The Bidder hereby certifies that except as disclosed in the Bid, no officer or employee of the Bidder is directly or indirectly a party to or in any other manner interested financially or otherwise in this IFB (refer to Exhibit D for list of BPCA Board Members and Employees).

[ ] The Bidder hereby certifies that they possess the ability, resources and financial standing to provide and deliver the requested goods and/or services.

[ ] The Bidder hereby certifies that their Bid submitted includes the following required documents and forms, or that, where any required form or document may not be included, a written explanation has been provided for that omission:

1. Forms & Items included in this Exhibit:

[ ] This Checklist [ ] Vendor Responsibility Questionnaire / Certificate of No Change [ ] Statement of Non-Collusion [ ] Affirmation of Understanding of & Agreement Pursuant to State Finance Law §139j(3) and §139-j(6)(b) [ ] Certification of Compliance with New York State Finance Law §139-k(5) [ ] Disclosure of Prior Non-Responsibility Determinations [ ] Encouraging the Use of New York State Businesses Statement [ ] Acknowledgement of Addenda Form [ ] MWBE Utilization Plan [ ] SDVOB Utilization Plan

B-2

[ ] MWBE & Equal Employment Opportunity Policy Statement [ ] Diversity Practices Questionnaire [ ] Executive Order 16 Certification [ ] Gender-Based Violence and the Workplace Certification [ ] Iran Divestment Act

2. Additional Required Documents [ ] Copy of the Bidder’s IRS Form W-9 (https://www.irs.gov/pub/irs-pdf/fw9.pdf)

3. Designated Point of Contact:

Name and Title: Email: Phone Number:

Name of Bidder:

Officer Name:

Officer Title: ________________________________ (Signature of Officer) https://www.irs.gov/pub/irs-pdf/fw9.pdf

B-3

II. VENDOR RESPONSIBILITY QUESTIONNAIRE

A. Instructions:

The Standard Vendor Responsibility Form should be filled out by someone in your firm who knows about tax filings, prior findings of non-responsibility by a governmental authority, etc., and can certify the accuracy of all information requested in the form (such as legal status, tax status, and debarment status).

You must answer every question on the questionnaire.

NOTE: You may fill out the “Certificate of No Change” form instead ONLY if your firm has submitted the Vendor Responsibility form to Battery Park City Authority already during this calendar year. If this is the first time your firm is proposing to do work for Battery Park City Authority this year, then you must fill out the entire Vendor Responsibility Questionnaire.

B. Standard Vendor Responsibility Questionnaire

a. Legal Business Name:

b. Federal Employer Id No.

(FEIN):

c. D/B/A – Doing Business As (if applicable):

County Filed:

d. Website Address (If Applicable)

e. Principal Place of Business Address:

f. Telephone:

g. Fax (If Applicable):

h. Authorized Contact for this Questionnaire:

i. Name:

ii. Title:

iii. Telephone:

iv. Email:

i. Type Of Business (please check appropriate box and provide additional information)

◻ Corporation (Sole Proprietor).

State of Incorporation:

◻ Corporation (General Partnership).

B-4

State of Incorporation:

◻ Corporation (Not-For-Profit).

Charities Registration Number:

◻Corporation (Limited Liability Company/LLC).

Jurisdiction Filed In:

◻Corporation (Limited Partnership).

State/County filed in:

◻ Individual

◻ Other – Specify:

j. If not incorporated or formed in New York State, please provide a current Certificate of Good Standing from your state or applicable local jurisdiction.

k. List the name and title of each principal owner, officer, major stockholder (10% or more of the voting shares for publicly traded companies, 25% or more of the shares for all other companies), director, and member, as applicable:

l. Authorized Contact for the Proposed Contract:

i. Name:

ii.Title:

iii. Telephone:

iv. Email:

B-5

Vendor Name:

Vendor FEIN:

A. Does the vendor use, or has it used in the past five (5) years, any other business name, FEIN, or D/B/A other than what is listed in question a-c above?

If yes, please provide the name(s), FEIN(s), and D/B/A(s) and the address for each such company and D/B/A on a separate page and attach to this response.

Yes ◻ No◻

B. Within the past five (5) years, has the vendor, any principal, owner, officer, major stockholder (10% or more of the voting shares for publicly traded companies, 25% or more of the shares for all other companies), affiliate2 or any person involved in the bidding, contracting or leasing process been the subject of any of the following:

a. a judgment or conviction for any business related conduct constituting a crime under federal, state or local government law including, but not limited to, fraud, extortion, bribery, racketeering, price-fixing or bid collusion or any crime related to truthfulness and/or business conduct?

b. a criminal investigation or indictment for any business related conduct constituting a crime under federal, state or local government law including, but not limited to, fraud, extortion, bribery, racketeering, price-fixing or bid collusion or any crime related to truthfulness and/or business conduct?

c. an unsatisfied judgment, injunction or lien for any business related conduct obtained by any federal, state or local government agency including, but not limited to, judgments based on taxes owed and fines and penalties assessed by any federal, state or local government agency?

d. an investigation for a civil or criminal violation for any business related conduct by any federal, state or local agency?

2"Affiliate" meaning: (a) any entity in which the vendor owns more than 50% of the voting stock; (b) any individual, entity or group of principal owners or officers who own more than 50% of the voting stock of the vendor; or (c) any entity whose voting stock is more than 50% owned by the same individual, entity or group described in clause (b). In addition, if a vendor owns less than 50% of the voting stock of another entity, but directs or has the right to direct such entity’s daily operations, that entity will be an “affiliate” for purposes of this questionnaire.

B-6

e. a grant of immunity for any business-related conduct constituting a crime under federal, state or local governmental law including, but not limited to, fraud, extortion, bribery, racketeering, price-fixing, bid collusion or any crime related to truthfulness and/or business conduct?

f. a federal, state or local government suspension or debarment from the contracting process?

g. a federal, state or local government contract suspension or termination for cause prior to the completion of the term of a contract?

h. a federal, state or local government denial of a lease or contract award for non-responsibility?

i. an administrative proceeding or civil action seeking specific performance or restitution in connection with any federal, state or local contract or lease?

j. a federal, state or local determination of a willful violation of any public works or labor law or regulation?

k. a sanction imposed as a result of judicial or administrative proceedings relative to any business or professional license?

l. a consent order with the New York State Department of Environmental Conservation, or a federal, state or local government enforcement determination involving a violation of federal, state or local environmental laws?

m. an Occupational Safety and Health Act citation and Notification of Penalty containing a violation classified as serious or willful?

n. a rejection of a bid on a New York State contract or a lease with the State for failure to comply with the MacBride Fair Employment Principles?

o. a citation, violation order, pending administrative hearing or proceeding or determination issued by a federal, state or local government for violations of:

i. health laws, rules or regulations Yes ◻ No◻

ii. unemployment insurance or workers’ compensation coverage or claim requirements

iii. ERISA (Employee Retirement Income Security Act) Yes ◻ No◻

B-7

iv. human rights laws Yes ◻ No◻

v. federal U.S. Citizenship and Immigration Services laws Yes ◻ No◻

vi. Sherman Act or other federal anti-trust laws Yes ◻ No◻

p. entered into an agreement to a voluntary exclusion from contracting with a federal, state or local governmental entity?

q. a denial, decertification, revocation or forfeiture of Women’s Business Enterprise, Minority Business Enterprise or Disadvantaged Business Enterprise status?

r. a rejection of a low bid on a federal, state or local contract for failure to meet statutory affirmative action or Minority or Women's Business Enterprise or Disadvantaged Business Enterprise status requirements on a previously held contract?

s. a finding of non-responsibility by an agency or authority due to a violation of State Finance Law §139-j?

For each YES answer to questions D.a-s above, provide details on additional pages regarding the finding, including but not limited to cause, current status, resolution, etc.

B-8

Vendor Name: Vendor FEIN:

A. During the past three (3) years has the vendor failed to:

a. File returns or pay any applicable federal, state or local government taxes?

If yes, identify the taxing jurisdiction, type of tax, liability year(s) and tax liability amount the company failed to file/pay and the current status of the liability.

b. File returns or pay New York State Unemployment Insurance?

If yes, indicate the years the company failed to file/pay the insurance and the current status of the liability.

Yes ◻ No◻

B. Have any bankruptcy proceedings been initiated by or against the vendor or its affiliates within the past seven (7) years (whether or not closed) or is any bankruptcy proceeding pending by or against the vendor or its affiliates, regardless of the date of filing?

If yes, indicate if this is applicable to the submitting vendor or one of its affiliates:

If it is an affiliate, include the affiliate’s name and FEIN:

Provide the court name, address and docket number:

Indicate if the proceedings have been initiated, remain pending or have been closed:

If closed, provide the date closed:

C. Does the vendor have the financial resources necessary to fulfil the requirements of the proposed contract?

B-9

Vendor Name: Vendor FEIN:

D. Certification:

State of: )

) ss:

County of: )

CERTIFICATION:

The undersigned, personally and on behalf of the vendor identified in questions B.a-c above, does hereby state and certify to Battery Park City Authority – State of New York that the information given above is true, accurate and complete. It is further acknowledged that Battery Park City Authority – State of New York will rely upon the information contained herein and in any attached pages for purposes of evaluating our company for vendor's responsibility for contract award and Battery Park City Authority – State of New York may, in its discretion, by means which it may choose, verify the truth and accuracy of all statements made herein. It is further acknowledged that intentional submission of false or misleading information may constitute a felony under Penal Law Section 175.35 or may constitute a misdemeanor under Penal Law Sections 175.30, or 210.45, and may also be punishable by a fine and/or imprisonment of up to five years under 18 USC Section 1001 and may result in a denial of contract award or contract termination.

Name of Business:

Address:

City, State, Zip:

Officer Name:

Officer Title:

Signature of Officer

B-10

III. CERTIFICATE OF NO CHANGE FORM

NOTE: You may fill out the “Certificate of No Change” form instead ONLY if your firm has submitted the Vendor Responsibility form to Battery Park City Authority already during this calendar year. If this is the first time your firm is proposing to do work for Battery Park City Authority this year, then you must fill out the entire Vendor Responsibility Questionnaire.

CERTIFICATE OF NO CHANGE

STATE OF ( )

COUNTY OF ) ss.:

The undersigned, being duly sworn, deposes and says:

1. I am________________________________, the______________________________ (title) of ________________________________ (hereinafter the “Contractor”), which is currently submitting an amendment to a State Contract.

2. Contractor previously submitted the completed Battery Park City Authority Standard Vendor Responsibility Questionnaire, dated________________________, in connection with another State Contract.

3. Attached is an accurate and true copy of such previously submitted Standard Vendor Responsibility Questionnaire.

4. I hereby certify that with the exception of the information specified in Question 12, and as changed herein, there has been no material change in the information pertaining to the Contractor specified on such attached Questionnaire.

AUTHORIZED CONTACT FOR THE PROPOSED CONTRACT:

Name & Title:________________________________________________

Telephone Number:___________________________________________

Email:______________________________________________________

Signature

Print Name

Title

B-11

IV. STATEMENT OF NON-COLLUSION

A. By submission of this Bid, Bidder and each person signing on behalf of Bidder certifies, (and in the case of a joint Bid each party thereto certifies) as to its own organization, under penalty of perjury, that to the best of his knowledge and belief:

a. The prices in this Bid have been arrived at independently without collusion, consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor.

b. or with any competitor. B) Unless otherwise required by law, the prices which have been quoted in this Bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly to any other Bidder or to any competitor.

c. No attempt has been made or will be made by Bidder to induce any other person, partnership, firm or corporation to submit or not to submit a Bid for the purpose of restricting competition.

B. A Bid shall not be considered for award nor shall any award be made where sub-paragraphs A.a, A.b, and A.c above have not been complied with provided however, that if in any case Bidder cannot make the foregoing certification and the Bidder shall so state and shall furnish with its Bid a signed statement which sets forth in detail the reasons therefore. Where sub-paragraphs A.a, A.b, and A.c above have not been complied with, Bid shall not be considered for award nor shall any award be made unless BPCA determines that such disclosure was not made for the purpose of restricting competition.

The fact that a Bidder (a) has published price lists, rates, or tariffs covering items Being procured, (b) has informed prospective customers of proposed or pending Publication of a new or revised price lists for such item, or (c) has sold the same items To other customers at the same prices being proposed, does not constitute, without more, a disclosure within the meaning of paragraph A.a above.

C. This Bid, if made by a corporate Bidder, shall be deemed to have been authorized by the board of directors of the Bidder and such authorization shall be deemed to include the signing and submission of the Bid and the inclusion thereof of the statement of non-collusion as the act and deed of the corporation.

(Insert Name of Bidder and Sign Below)

By:______________________________________________________________ (Print full legal name of person, firm, partnership, or corporation)

(Signature)

(Address)

Corporate ID Number Federal ID Number Date

B-12

STATEMENT OF NON-COLLUSION (continued)

If the Bidder is an individual, the Bidder's legal residence is as follows:

Street Address City State ZIP

If Bidder is a Firm or Partnership, complete the following:

Name of Members or Partners Legal Residence

If Bidder is a Corporation, complete the following:

Names of All Officers President:

Vice President:

Secretary:

Treasurer:

Other Officers/Titles (if applicable):

B-13

V. OFFEROR’S AFFIRMATION OF UNDERSTANDING OF AND AGREEMENT PURSUANT

TO STATE FINANCE LAW §139-j(3) AND §139-j(6)(b)

For reference, the applicable sections of the New York State Finance Law can be found here:

https://www.nysenate.gov/legislation/laws/STF/139-J

Offeror affirms that it understands and agrees to comply with the procedures of Battery Park City Authority relative to permissible Contacts as required by State Finance Law §139-j(3) and §139-j(6)(b).

By: ____________________________________________ Date:_____________

(Signature)

(Name – Printed)

(Title)

Contractor Name: ___________________________________________________ (Company)

Contractor Address: __________________________________________________ https://www.nysenate.gov/legislation/laws/STF/139-J

B-14

VI. OFFEROR’S CERTIFICATION OF COMPLIANCE WITH STATE FINANCE LAW §139-k(5)

For reference, the applicable sections of the New York State Finance Law can be found here:

https://www.nysenate.gov/legislation/laws/STF/139-K

I certify that all information provided to Battery Park City Authority, its subsidiaries and affiliates with respect to State Finance Law §139-k is complete, true and accurate.

By: ____________________________________________ Date: ________

(Name – Printed)

Contractor Name: ___________________________________________________ https://www.nysenate.gov/legislation/laws/STF/139-K

B-15

VII. OFFEROR DISCLOSURE OF PRIOR NON-RESPONSIBILITY DETERMINATIONS

Name of Individual or Entity Seeking to Enter into the Procurement Contract:

Address:

Name and Title of Person Submitting this Form:

Project Name:

Date:

1. Has any Governmental Entity made a finding of non-responsibility regarding the individual or entity seeking to enter into the Procurement Contract in the previous four years?

If yes, please answer the next questions:

Yes ◻ No◻

2. Was the basis for the finding of non-responsibility due to a violation of State Finance Law §139-j?

Yes ◻ No◻

3. Was the basis for the finding of non-responsibility due to the intentional provision of false or incomplete information to a Governmental Entity?

Yes ◻ No◻

4. If you answered yes to any of the above questions, please provide details regarding the finding of non-responsibility below:

Governmental Entity:

Date of Finding of Non-responsibility:

Basis of Finding of Non-Responsibility:

(add additional pages if required)

5. Has any Governmental Entity or other governmental agency terminated or withheld a Procurement Contract with the above-named individual or entity due to the intentional provision of false or incomplete information?

If yes, please provide details below:

Governmental Entity:

Date of Termination or Withholding of Contract:

Basis of Termination or Withholding:

(add additional pages if required)

B-16

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

By: ____________________________________________ Date:________

(Name – Printed)

Contractor Name:___________________________________________________

B-17

VIII. ENCOURAGING USE OF NEW YORK STATE BUSINESSES IN CONTRACT PERFORMANCE

New York State businesses have a substantial presence in State contracts and strongly contribute to the economies of the state and the nation. In recognition of their economic activity and leadership in doing business in New York State, Bidders for this Contract for commodities, services or technology are strongly encouraged and expected to consider New York State businesses in the fulfillment of the requirements of the Contract. Such partnering may be as subcontractors, suppliers, protégés or other supporting roles.

Bidders are strongly encouraged, to the maximum extent practical and consistent with legal requirements, to use responsible and responsive New York State businesses in purchasing commodities that are of equal quality and functionality and in utilizing services and technology.

Furthermore, Bidders are reminded that they must continue to utilize small, minority and women-owned businesses, consistent with current State law.

Utilizing New York State businesses in State contracts will help create more private sector jobs, rebuild New York’s infrastructure, and maximize economic activity to the mutual benefit of the contractor and its New York State business partners. New York State businesses will promote the contractor’s optimal performance under the Contract, thereby fully benefiting the public sector programs that are supported by associated procurements.

Public procurements can drive and improve the State’s economic engine through promotion of the use of New York businesses by its contractors. The State therefore expects bidders/bidders to provide maximum assistance to New York businesses in their contracts. The potential participation by all kinds of New York businesses will deliver great value to the State and its taxpayers.

Bidders can demonstrate their commitment to the use of New York State businesses by responding to the question below. Each bidder must include a response to this question with their bid. Please note that a “yes” response requires supporting information. If yes, identify New York State businesses that will be used and attach identifying information.

Will New York State businesses be used in the performance of this contract?

B-18

IX. ACKNOWLEDGEMENT OF ADDENDA FORM

IFB TITLE: __________________________________________________________

Complete Part I or Part II, whichever is applicable, and sign in Part III.

Part I

Listed below are the dates of issue for each Addendum received in connection with this IFB:

Addendum # 1, Dated _______________________________________, ____

Addendum # 2, Dated________________________________________, ____

Addendum # 3, Dated________________________________________, ____

Addendum # 4, Dated _______________________________________, ____

Addendum # 5, Dated________________________________________, ____

Addendum # 6, Dated________________________________________, ____

Part II Acknowledgement of No Receipt

__________ No Addendum was received in connection with this IFB

Part III

Bidder's Name: _______________________________________________

Bidder’s Authorized Representative:

Name: ____________________________________________________________

Title:…