Require clarification at any time during the procurement process and/or require correction of arithmetic or apparent errors for the purpose of assuring a full and complete understanding of an Offerer’s proposal and/or to determine an Offerer’s compliance with the Requirements of the solicitation. Disqualify any Bidder conduct and/or proposal fails to conform to the Requirements of the solicitation. Use proposal information obtained through the Department’s investigation of a Bidder’s qualifications, experience, ability or financial standing, and any material or information submitted by the Bidder in response to the Department’s request for clarifying information, in the course of evaluation and selection under this IFB. Prior to bid opening, determine a tie breaking mechanism for award of the Contract to serve the best interests of the State. Negotiate with the successful Bidder within the scope of the IFB to serve the best interests of the State. Conduct contract negotiations with the next lowest cost responsible Bidder should the Department be unsuccessful in negotiating an Agreement with the selected Bidder. If the Department must terminate the Contract for non-performance or if the Contractor is unable to maintain the support required, the Department reserves the right, with the approval of the Attorney General and the Office of the State Comptroller, to award a Contract to the next lowest cost responsible Bidder of the original bid submission within the first twelve (12) months of the award. Utilize any and all submitted in the proposals received. Make an award under the IFB, in whole or in part. Seek revisions of proposals. Administrative Contract Conditions With the submission of a response to this Invitation for Bids, the Bidder agrees to the Contract conditions outlined in this Section IV.B, Administrative Contract Conditions, except that Bidders may propose changes as allowable in IV.B.20, Bidder Proposed Changes to Contract terms. Appendix A Appendix A—STANDARD CLAUSES FOR NYS CONTRACTS will be incorporated, in its entirety, into any Contract resulting from this IFB.
It shall be submitted to the Governmental Entity conducting the Governmental Procurement. Response Requirement: Each Bidder must complete and submit Attachment 9, Offerer Disclosure of Prior Determinations. Offerer’s Certification of Compliance with Finance Law 139-k(5) New York Finance Law 139-k(5) requires that every Procurement Contract Award subject to the provisions of State Finance Law 139-k or 139-j shall contain a certification by the Offerer that all information provided to the procuring Governmental Entity with respect to State Finance Law 139-k is complete, true and accurate. The Department reserves the to terminate any Contract award as a result of this IFB in the event it is found that the certification filed by the Offerer/Bidder in accordance with New York State Finance Law 139-k was intentionally false or intentionally incomplete. Response Requirement: Each Bidder must complete and submit Attachment 10, Offerer Certification of Compliance with State Finance Law 139-k(5). Secrecy Provisions (DTF-202) For Lot 2 Only: Bidders are required to adhere to secrecy provisions as outlined in Article XII, of the Exhibit B, Preliminary Base Contract. Response Requirement: For Lot 2 Only: Each Bidder must complete and submit Attachment 11, DTF-202 NYS DTF - Agreement to Adhere to the Secrecy Provisions of the Tax Law and the Internal Revenue Code. Ethics Compliance All Bidders/contractors and employees must comply with Public Officers Law §§73 and 74 to the extent applicable, Chapter 1 of the Laws of 2005, the Procurement Lobbying Reform Act, and other State statutes, rules, regulations and executive orders establishing ethical standards for the conduct of business with New York State. In signing the bid, the Bidder certifies full compliance with those provisions for any present or future dealings, transactions, sales, Contracts, services, offers, relationships, etc., involving New York State and/or its employees. Failure to comply with those provisions
Exhibit 2 – Current Department District Office Locations (subject to change) BINGHAMTON DO 44 Hawley Street Binghamton, NY 13901-4480 ROCHESTER DO 340 East Main Street Rochester, NY 14604 BUFFALO DO 77 Broadway Buffalo, NY 14203 SYRACUSE DO 333 E. Washington Street Syracuse, NY 13202 CHICAGO DO Mid-Western Regional Office 1011 E. Touhy Ave Des Plaines, IL 60018 TREASURY 110 State Street Albany, NY LONG ISLAND REGIONAL OFFICE 250 Veterans Memorial Highway Hauppauge, NY 11788-5599 UTICA DO 207 Genesee Street Utica, NY 13501-2870 METRO TECH DO 15 Metro Tech Center Brooklyn, NY 11201 WADE ROAD DO 299 Old Niskayuna Road Latham, NY QUEENS DO 80-02 Kew Gardens Rd Kew Gardens, NY 11415 WHITE PLAINS DO 44 South Broadway White Plains, NY 10601
Attachment 1 – Bidder’s Checklist Volume 1 Mandatory Technical Requirements Attachment A – Attestation Mandatory Financial Requirements Attachment 16 – Financial Response Form Volume 2 Administrative Requirements Signed Letter Proposed Extraneous Terms Request for Exemption from Disclosure Attachment 3 – M/WBE Utilization Plan Attachment 4 – Staffing Plan Attachment 5 – Vendor Responsibility Response Form Attachment 6 – MacBride Fair Employment Principles Attachment 7 – Designation of Prime Contact Attachment 8 – Non-Collusive Bidding Certification Attachment 9 – Offerer Disclosure of Prior Non-Responsibility Determinations Attachment 10 – Offerer Certification of Compliance with State Finance Law 139-k(5) Attachment 11 – DTF-202 NYS DTF - Agreement to Adhere to the Secrecy Provisions of the Tax Law and the Internal Revenue Code Attachment 12 – Public Officers Law Attachment 13 – Public Officers Law – Post Employment Restrictions Attachment 14 – Listing of Proposed Subcontractors Form Attachment 15 – Encouraging Use of New York State Businesses in Contract Performance Attachment 17 – Use of Service-Disabled Veteran-Owned Business Enterprises in Contract Performance
Attachment 4 – Staffing Plan Submit with Bid or Proposal – Instructions on page 2 Solicitation No.: Reporting Entity: Report includes Contractor’s/Subcontractor’s: □ Work force to be utilized on this contract □ Total work force Offeror’s Name: □ Offeror □ Subcontractor Subcontractor’s name________________ Offeror’s Address: Enter the total number of employees for each classification in each of the EEO-Job Categories identified EEO-Job Category Total Work force Work by Gender Work force by Race/Ethnic Identification Total Male (M) Total Female (F) White (M) (F) Black (M) (F) Hispanic (M) (F) (M) (F) Native American (M) (F) Disabled (M) (F) Veteran (M) (F) Officials/Administrators Professionals Technicians Sales Workers Office/Clerical Craft Workers Laborers Service Workers Temporary /Apprentices Totals PREPARED BY (Signature): TELEPHONE NO.: EMAIL ADDRESS: DATE: NAME AND TITLE OF PREPARER (Print or Type): Submit completed with bid or proposal M/WBE 101 (Rev 11/08)