Section 1:OVERVIEW - Beyond IT | Division of Information ...



Request for ProposalSTATE UNIVERSITY OF NEW YORK AT STONY BROOKProposal NameBid NumberResponses Due Date:XxxxTABLE OF CONTENTS TOC \f \h \z SUMMARY INFORMATION FORM PAGEREF _Toc526774580 \h 1Section 1: OVERVIEW PAGEREF _Toc526774581 \h 2A. Electronic RFP PAGEREF _Toc526774582 \h 2Section 2: GENERAL TERMS & CONDITIONS PAGEREF _Toc526774583 \h 31. Free and Open Competition PAGEREF _Toc526774584 \h 32. Notification of Errors, Inquiries and Interpretation PAGEREF _Toc526774585 \h 33. Additional Expenses PAGEREF _Toc526774586 \h 34. Valid Negotiations PAGEREF _Toc526774587 \h 35. Rejection of Response PAGEREF _Toc526774588 \h 36. Use of University Name/Logo PAGEREF _Toc526774589 \h 37. No Claims or Rights PAGEREF _Toc526774590 \h 48. Conflict of Interest PAGEREF _Toc526774591 \h 49. Bidder’s Terms and/or Conditions PAGEREF _Toc526774592 \h 410. Legislature Changes PAGEREF _Toc526774593 \h 412. Bidder Debriefing PAGEREF _Toc526774594 \h 413. Bid Protest Procedures PAGEREF _Toc526774595 \h 514. Parking and Others Regulations of the University PAGEREF _Toc526774596 \h 515. Acceptance of RFP Content PAGEREF _Toc526774597 \h 516. Data Security PAGEREF _Toc526774598 \h 617. Accessibility of Web Based Information and Applications PAGEREF _Toc526774599 \h 818. Net Neutrality PAGEREF _Toc526774600 \h 818. Services Outside Scope of the Contract Awarded PAGEREF _Toc526774601 \h 919. Standard Contract Clauses PAGEREF _Toc526774602 \h 920. Binding Effect PAGEREF _Toc526774603 \h 921. Confidentiality PAGEREF _Toc526774604 \h 922. F.O.I.L (Freedom of Information Law PAGEREF _Toc526774605 \h 923. Diversity Contracting Requirements PAGEREF _Toc526774606 \h 10A. Diversity Practices PAGEREF _Toc526774607 \h 10B. Minority and Women-owned Business Enterprises (MWBE) PAGEREF _Toc526774608 \h 12C. Equal Employment Opportunity Requirements PAGEREF _Toc526774609 \h 13D. Service-Disabled Veteran-Owned Businesses (SDVOB) PAGEREF _Toc526774610 \h 1324. Encouraging Use of New York State Businesses in Contract Performance PAGEREF _Toc526774611 \h 1425. Office of Federal Contract Compliance Programs PAGEREF _Toc526774612 \h 1426. Governing Law PAGEREF _Toc526774613 \h 1427. Omnibus Procurement Act of 1992 PAGEREF _Toc526774614 \h 1528. Proper Contractor Identification PAGEREF _Toc526774615 \h 1529. Contractor Personnel PAGEREF _Toc526774616 \h 1530. Responsibility PAGEREF _Toc526774617 \h 1531. Determination of Vendor Responsibility PAGEREF _Toc526774618 \h 1532. Requirements of New York State’s Recycling Program PAGEREF _Toc526774619 \h 1633. State Consultant Services Reporting PAGEREF _Toc526774620 \h 1734. Electronic Payment Authorization PAGEREF _Toc526774621 \h 1735. Prevailing Wage Rates PAGEREF _Toc526774622 \h 1736. OSHA 10-hour Construction Safety and Health Course S1537-A PAGEREF _Toc526774623 \h 1737. Early Pay Discont PAGEREF _Toc526774624 \h 1737. Payment PAGEREF _Toc526774625 \h 1838. Identifying Information and Privacy Notification PAGEREF _Toc526774626 \h 1839. Customs Clearance PAGEREF _Toc526774627 \h 1940. Report of Contract Purchases PAGEREF _Toc526774628 \h 1941. Timeliness of Payment and Interest PAGEREF _Toc526774629 \h 1942. Hierarchy of Precedence PAGEREF _Toc526774630 \h 1943. Independent Contractor PAGEREF _Toc526774631 \h 2044. Subcontracting PAGEREF _Toc526774632 \h 2045. Compliance PAGEREF _Toc526774633 \h 2146. Indemnification PAGEREF _Toc526774634 \h 2147. Liability PAGEREF _Toc526774635 \h 2148. No limitation of Liability PAGEREF _Toc526774636 \h 2249. Insurance PAGEREF _Toc526774637 \h 2250. Insurance PAGEREF _Toc526774638 \h 2351. Travel PAGEREF _Toc526774639 \h 2552. Award PAGEREF _Toc526774640 \h 2553. Contract Period PAGEREF _Toc526774641 \h 2554. Contract Term PAGEREF _Toc526774642 \h 2555. Termination PAGEREF _Toc526774643 \h 2556. Restrictions on the Activities of Current and Former State Officers and Employees PAGEREF _Toc526774644 \h 2657. Diesel Emissions Reduction Act of 2006 PAGEREF _Toc526774645 \h 2758. Price Escalation PAGEREF _Toc526774646 \h 2759. University Rights PAGEREF _Toc526774647 \h 2860. Miscellaneous PAGEREF _Toc526774648 \h 28Section 3: BIDDER QUALIFICATIONS PAGEREF _Toc526774649 \h 29Section 4: BID SUBMISSION REQUIREMENTS PAGEREF _Toc526774650 \h 30A. Bid Submission Requirements PAGEREF _Toc526774651 \h 30B. Bidder Questions PAGEREF _Toc526774652 \h 30C. Pre-Bid Proposal Meeting PAGEREF _Toc526774653 \h 31D. Minor Irregularities PAGEREF _Toc526774654 \h 31E. Extraneous Terms PAGEREF _Toc526774655 \h 31Section 5: PROJECT SPECIFICATIONS PAGEREF _Toc526774656 \h 33A. Scope of Services PAGEREF _Toc526774657 \h 33B. Technical Specifications PAGEREF _Toc526774658 \h 33C. Method of Award PAGEREF _Toc526774659 \h 331. Administrative Review PAGEREF _Toc526774660 \h 332. Review of Bidder Qualifications PAGEREF _Toc526774661 \h 333. Technical Evaluation PAGEREF _Toc526774662 \h 334. Financial Evaluation PAGEREF _Toc526774663 \h 335. Presentation, Demonstration, Interview PAGEREF _Toc526774664 \h 336. Selection PAGEREF _Toc526774665 \h 34Section 6: PRICING PAGE PAGEREF _Toc526774666 \h 35Section 7: PERFORMANCE STANDARDS PAGEREF _Toc526774667 \h 36Section 8: PRICING SUMMARY PAGEREF _Toc526774668 \h 37Section 9: ATTACHMENT A/QUESTION SUBMITTAL FORM PAGEREF _Toc526774669 \h 38Executive Order 177 Certification PAGEREF _Toc526774670 \h 39Notary Acknowledgement PAGEREF _Toc526774671 \h 40Attachment 1: Bid Submission Checklist PAGEREF _Toc526774672 \h 41Attachment 2: Bidder Qualifications Submission Form PAGEREF _Toc526774673 \h 42Attachment 3: Diversity Practices Questionnaire PAGEREF _Toc526774674 \h 43Attachment 4: Service Level Agreement PAGEREF _Toc526774675 \h 45SUMMARY INFORMATION FORM TC "SUMMARY INFORMATION FORM" \f C \l "1" THIS PAGE MUST BE SIGNED AND RETURNED WITH BIDDER’S RESPONSERFP #: RFP Title:RFP Release Date:Key EventsQuestions/Requests for clarification due Date: Questions received after the closing date for inquiries will not be answered.Mandatory Bidder’s Conference (if applicable):Only those vendors who are in attendance when the conference room door closes will be eligible to submit a proposal.Proposal Due Date and Time:Proposals received after the due date and time will not be accepted.Stony Brook University reserves the right, in its sole discretion, to modify the above schedule. Bidders will be notified via email of any changes in a timely mannerContact InformationDelivery Location for Proposals:Primary Contact: Name:Phone:E-mail: procurementbids@stonybrook.eduIf using U.S. postal service (USPS) orFEDEX to deliver a bid, the envelopemust be delivered to:State University of New Yorkat Stony BrookProcurement Department, Bid SectionResearch & Development ParkResearch & Support Services (RSS)Stony Brook, NY 11794-6000If using UPS service to deliver a bid, theenvelope must be delivered to:State University of New Yorkat Stony BrookProcurement Department, Bid Section17 Development Drive, Room 100Stony Brook, NY 11794-6000The envelope(s)/box(es) containing Bidders’ proposals must be clearly marked, “Sealed RFP – Proposal 16/17-MC.”Restricted PeriodIn accordance with the requirements of New York State Finance Law Sections 139j and 139k (“Lobbying Law”), the RESTRICTED PERIOD for this procurement is now in effect. Therefore, all communications regarding this procurement must be handled through Stony Brook University’s “Designated Contacts” ONLY. Please see “Contact Information” on this page, for the “Designated Contact(s)” The required form is provided: Exhibit L (Procurement Lobbying Law).Bidder InformationLegal Business Name of Company Bidding:Bidder’s Federal Tax Identification NumberD/B/A – Doing Business As (if applicable):NYS Vendor ID Number (See Exhibit B, Section 16)Street Address:City/State:Zip Code:If applicable, place an “x” in the appropriate box: (check all that apply) Small Business (if checked, provide # of employees ____) Disabled Veteran Owned Business Minority Owned Business (NYS Certified) Women Owned Business (NYS Certified) If you are not bidding, place an “x” in the box and return this page only. We are unable to bid at this time because:Bidders Signature:Title:Printed Name:Date:Note: Proposals may be delivered by mail, courier, overnight delivery service or by hand. It is your responsibility to ensure that your bid is received in the Procurement Department by the date/time of the bid opening. THIS PAGE MUST BE SIGNED AND RETURNED WITH BIDDER’S RESPONSEBy signing this form, bidder acknowledges (a) that the RFP instructions are understood; (b) that the bidder is committed to servicing SUNY’s needs in the required time period; and (c) that all information required by this RFP has been included in bidder’s proposalSection 1:OVERVIEW TC "Section 1: OVERVIEW" \f C \l "1" SUNY Stony Brook Overview TC "SUNY Stony Brook Overview" \f C \l "2" The State University of New York (“SUNY”) is the largest comprehensive university system in the United States, educating more than 467,000 students in more than 7,500 degree and certificate programs on 64 campuses with nearly 3 million alumni around the globe. SUNY is committed to reduce administrative costs, maximize efficiencies and move resources toward academics and student services.Stony Brook is Long Island’s premier academic medical center, Stony Brook Medicine represents Stony Brook University’s entire medical enterprise and integrates all of Stony Brook’s health-related initiatives: education, research and patient care. It encompasses Stony Brook University Hospital, Stony Brook Children’s Hospital, the six Health Sciences schools — Dental Medicine, Health Technology and Management, Pharmaceutical Sciences, Medicine, Nursing and Social Welfare — as well as the major centers and institutes, programs and more than 50 community-based healthcare settings throughout Suffolk County.Stony Brook University, part of the State University of New York system, is located 60 miles from New York City on Long Island's scenic North Shore.? Our 1,100-acre campus is home to almost 26,000 undergraduate, graduate, and doctoral students and more than 14,500 faculty and staff.? Stony Brook University is a comprehensive research-intensive university and a member of the prestigious Association of American Universities (AAU). It consists of 12 schools and colleges and a teaching hospital that provides state-of-the-art healthcare in the Long Island region. Stony Brook University offers more than 200 undergraduate programs, more than 100 master’s programs and more than 40 doctoral programs.Notable facts about Stony Brook University’s student population (Fall 2016):Total students– 25,734:Undergraduates – 17,02621,277 full time4,457 part timeRatio estimated 55% male/45% femaleGraduates – 8,708Additional information about Stony Brook University and its students can be found at the following website: Project OverviewProvide to the State University of New York at Stony Brook, Stony Brook, NY 11794 (brief description of ) services, as herein described delivered NET FOB Destination in accordance with SUNY at Stony Brook 16/17-000MC and Exhibits A (Standard Contract Clauses), Exhibit A-1 (Affirmative Action Clauses), Exhibit D (Non-Collusive Bidding Certification), Exhibit M (MWBE Forms), Exhibit N (Subcontracting Form), Exhibit L (Procurement Lobbying Law), Exhibit SDVOB (Service-Disabled Veteran-Owned Business), Exhibit T (ST-220), Exhibit V (Vendor Responsibility), and EO 177 Certification (Executive Order 177), and N.Y. State Finance Law §139-l Certification, attached hereto and made part of this proposal. Additionally, the successful Bidder will be responsible for learning and adhering to University requirements.This is needed to begin on or about 2016/2017. Failure of successful bidder to deliver in accordance with bid proposal, except for those reasons beyond his/her control will result in cancellation of order and award to next lowest qualified bidder, or contract shall be re-bid, whichever shall be in the best interest of the University.To be given consideration, bid proposal must be properly completed. Substitutes considered equal shall be given consideration. Any vendor submitting prices on an item or services considered equal to those specified shall provide detailed specifications and appropriate catalog cuts along with bid. Failure to do so may result in immediate disqualification. The University will make the final determination as to the acceptability of items/services to be specified "equal".Bidder is responsible for all costs that it incurs, direct or indirect, related to the preparation and submission of a proposal in response to this RFP.Electronic RFP TC "A. Electronic RFP" \f C \l "2" Electronic copies of this RFP and related forms are available at 2:GENERAL TERMS & CONDITIONS TC "Section 2: GENERAL TERMS & CONDITIONS" \f C \l "1" Free and Open Competition TC "1. Free and Open Competition" \f C \l "2" The University encourages free and open competition. Whenever possible, terms, specifications, and conditions are designed to accomplish this objective, consistent with the necessity to satisfy University’s needs.Notification of Errors, Inquiries and Interpretation TC "2. Notification of Errors, Inquiries and Interpretation" \f C \l "2" Bidders shall be responsible to notify the University of any errors, deviations or omissions in the RFP specifications, and to make recommendations for any additional requirements necessary to properly bid and/or perform the work indicated in this RFP. If the University determines that the deviations are significant, or agrees that additional requirements are necessary, it will notify all Bidders in writing of the resulting changes to the RFP specifications. The University will be the final interpreter of all technical specifications. No changes to the technical specifications in this RFP shall be made without prior written authorization from the University Procurement Department.Any deviations found by the Bidders must be raised prior to the RFP opening date. Deviations raised after the RFP opening date will not be considered and will not be accepted as cause for any future bid protest.Additional Expenses TC "3. Additional Expenses" \f C \l "2" It shall be the responsibility of the bidder to provide the University with any information which may require additional costs for other than those items listed in the proposal. The University will not be liable for additional expenses listed by the successful bidder unless authorized by the University.The University is not liable for any cost incurred by the bidders prior to execution of a contract.Valid Negotiations TC "4. Valid Negotiations" \f C \l "2" No negotiation decision or actions shall be executed by any bidder as a result of any oral discussions or agreements with any University employee or University consultant. Only those transactions that are in writing shall be considered valid. Likewise, the University shall only consider communications from bidders that are signed and in writing.Rejection of Response TC "5. Rejection of Response" \f C \l "2" The University reserves the right to make all decisions regarding this proposal, including, without limitation, the right to decide whether a proposal does or does not substantially comply with the requirements set forth herein.Use of University Name/Logo TC "6. Use of University Name/Logo" \f C \l "2" Bidders agree not to use the name/Logo of the University, or to quote any employees of the University, without obtaining prior written consent of the University. No Claims or Rights TC "7. No Claims or Rights" \f C \l "2" By submitting a proposal, Bidder agrees that it will not make any claims for, or have any right to damages because of any misinterpretation or misunderstanding of the specifications or because of any misinformation or lack of information.Conflict of Interest TC "8. Conflict of Interest" \f C \l "2" Bidder may be requested to provide evidence that the award of a contract will not result in (i) a conflict of interest with regard to other work performed by Bidder; or (ii) a potential conflict of interest among Bidder’s staff.Bidder’s Terms and/or Conditions TC "9. Bidder’s Terms and/or Conditions" \f C \l "2" Bidder’s standard terms and conditions will not be considered relevant to its proposal or to the contract awarded and should not be included with its proposal. Any additional Bidder terms and conditions attached to or referenced in Bidder’s proposal shall not be considered part of the proposal, but shall be deemed included for informational purposes only. No extraneous terms or conditions will be incorporated into the contract awarded unless approved in writing by the SUNY Office of General Counsel. Acceptance and/or processing of a Bidder’s proposal shall not constitute acceptance of a Bidder’s extraneous terms and conditions.Legislature Changes TC "10. Legislature Changes" \f C \l "2" In the event any governmental restrictions are imposed which would necessitate alteration of the material, quality, workmanship or performance of the items and/or services offered in this proposal whatsoever, prior to their delivery or thereafter, it shall be the responsibility of the successful bidder to immediately notify the University in writing of the specific regulation which requires alteration. Upon acceptance of such alteration by the University, it shall be the responsibility of the successful bidder to give effect to such alterations in accordance with terms and conditions of the agreement entered into hereinafter. Any price adjustments occasioned due to any alterations shall be subject to the approval of the University.Bidder Debriefing TC "12. Bidder Debriefing" \f C \l "2" Bidders that responded to this IFB will be given written notices as to whether their Bids were successful or unsuccessful. Upon being notified of their unsuccessful Bids, Bidders may request a debriefing in writing within 15 calendar days of such notice. The 15 day period starts, on the date of such notice. Once a request is made by the Bidders:The University will schedule the debriefing within a reasonable time of such request. The debriefing will be conducted in person with the Bidder, unless the University and the Bidder mutually agree to use another method such as by telephone, video conference or another type of electronic communication.Bidder’s written request must state whether the Bidder will be attending with counsel, to allow the University to arrange for University counsel to attend if required. The debriefings will cover:The reason why the Bid was unsuccessful.The quantitative and qualitative analysis that was used by the University to assess the relative merits of the unsuccessful Bid.How the selection criteria was applied to the unsuccessful Bid.If the request for debriefing is made prior to contract award, the debriefing shall be limited to review of the unsuccessful Bidder’s bid.If the debriefing is held after the final award (which means OSC approval, if applicable) it, may cover the reasons for the selection of the winning proposal.To the extent practicable, general advice and guidance on the ways the unsuccessful Bidder can improve future submissions or be more responsive.Bid Protest Procedures TC "13. Bid Protest Procedures" \f C \l "2" Upon notification of the selection and award of the contract, the bidder or offeror whose bid or proposal was not selected as the successful bid or proposal is entitled to submit a Bid Protest in accordance with SUNY’s Contracts Award Protest Procedure (Document # 7561). The SUNY’s Protest Procedure is available at . The University's Protest Officer is Assistant Vice President Procurement Services, RSS Bldg., Stony Brook, NY, 11794-6000. The Appeals Officers is Vice President for Finance & Administration, Administration Bldg., Rm 221, Stony Brook NY, 11794-1002.Parking and Other Regulations of the University TC "14. Parking and Others Regulations of the University" \f C \l "2" It will be the responsibility of the successful bidder to contact the Traffic Office at 631-632-6345 to make arrangements for parking passes or permits if required. Illegally parked vehicles are subject to ticketing and/or towing. The bidder will operate vehicles responsibly under campus rules and regulations and will not park vehicles in unauthorized areas. Thereof the successful bidder will abide by all the applicable rules and regulations of the University, and breach whereof shall make vendor liable under such rules and regulations.The University campus is smoke free. There will be no smoking within the buildings or on the grounds owned or leased by the University. Successful Bidder is responsible for communicating this regulation to their employees prior to arriving onsite at the University. Failure to adhere to the Univeristy’s policy may result in immediate termination of any contract emanating from this RFP. Acceptance of RFP Content TC "15. Acceptance of RFP Content" \f C \l "2" The terms and conditions included in this RFP as well as the applicable portions of Bidder’s proposal shall become contractual obligations if a contract is awarded. BIDDER’S FAILURE TO ACCEPT THESE TERMS AND CONDITIONS AND OBLIGATIONS SHALL RESULT IN REJECTION OF BIDDER’S PROPOSAL. Any literature and/or terms and conditions provided by the Bidders with their proposals are assumed to be for reference only. {Include if IT RFP} If the Bidder’s Quotation contains any third party product (hardware or software), Bidder must represent, warrant and service such product as if it is the Bidder’s product (e.g. such product cannot be excluded from any representation, warranty, infringement indemnity, service provision, service guarantee or uptime guarantee).? Failure to accept this may result in disqualification.Data Privacy and Security TC "16. Data Security" \f C \l "1" Data PrivacyContractor will use any information it creates, receives, maintains or transmits on behalf of SUNY (“SUNY Data”) only for the purpose of fulfilling its duties under this Contract and will not share such data with or disclose it to any third party without the prior written consent of the SUNY, except as required by the Contract or as otherwise required by law. SUNY Data will not be stored outside the United States without prior written consent from SUNY.Contractor will provide access to SUNY Data only to its employees and subcontractors who need to access the data to fulfill its obligations under the Contract. Contractor will ensure that employees who perform work under the Contract have read, understood, and received appropriate instruction as to how to comply with the data protection provisions of the Contract. FERPA: If Contractor will have access to the SUNY’s Education Records as defined under the Family Educational Rights and Privacy Act (FERPA), Contractor acknowledges that for the purposes of the Contract it will be designated as a “school official” with “legitimate educational interests” in the SUNY Education records, as those terms have been defined under FERPA and its implementing regulations, and the Contractor agrees to abide by the limitations and requirements imposed on school officials. Contractor will use the Education Records only for the purpose of fulfilling its duties under the Contract for SUNY’s and its end user’s benefit, and will not share such data with or disclose it to any third party except as provided for in the Contract, required by law, or authorized in writing by the SUNY.Contractor will receive, maintain, process or otherwise will have access to confidential information on employees of the State University of New York. Pursuant to the Gramm-Leach-Bliley Act (P.L. 106-102) and the Federal Trade Commission’s Safeguards Rule (16 CFR Part 314), and to the extent the Contractor is a covered entity or applicable service provider under these regulations with respect to student or customer data, the Contractor will implement and maintain a written Information Security Program (“Program”) in order to protect such confidential customer information. Customer information is defined as “any record containing nonpublic personal information as defined in 16 CFR §313(n)” (the FTC’s Privacy Rule) “about a customer of a financial institution, whether in paper, electronic, or other form” (16 CFR §314.2). Examples of nonpublic personal customer information include, but are not limited to, name, address, phone number, social security number, bank and credit card account numbers and student identification numbers. Data SecurityContractor agrees at all times to maintain network security which at a minimum, includes: network firewall provisioning, intrusion detection, and regular (three or more annually) third party vulnerability assessments, and provide a copy of the annual Attestation of Compliance (AOC) document, if requested. Further, Contractor agrees to maintain network security that conforms to generally recognized “Industry Standards “and best practices that Contractor applies to its own network. Generally recognized industry standards include but are not limited to the current standards and benchmarks set forth and maintained by the Center for Internet Security (see ) or Payment Card Industry/Data Security Standards (PCI/DSS) see . Contractor will maintain a data security plan (“Data Security Plan”), which will comply with Payment Card Industry Data Security Standards (“PCI DSS”) requirements (as discussed in more detail below) and all applicable legal and regulatory requirements for data protection. In addition, the Data Security Plan will protect against any anticipated threats or hazards to the security or integrity of information stored on its servers and unauthorized access to or use of such information that could result in harm or inconvenience to the person who is the subject of such information. Contractor will review, at least annually, its Data Security Plan and update and revise it as needed. A copy of Contractors’ Data Security Plan will be made available to SUNY upon request.Contractor shall maintain mandatory procedures and protocols outlined in its “Information Security Incident Response Policy” to be undertaken in the event of an identified or suspected breach of credit card information or current or former student information that is not Directory Information. A copy of Contractor’s Information Security Incident Response Policy will be made available to SUNY upon request. In the event a breach is suspected, Contractor will: (i) immediately contain the possible exposure while not compromising any data on its system; (ii) contact all members of its Corporate Security Committee; (iii) initiate a local analysis within 24 hours of the suspected breach to determine the type of information that has been potentially compromised, the individuals and SUNY institutions at risk, the incident timeframe at risk and the suspected cause of the incident; and (iv) if a breach is identified, immediately contact affected parties with details of the breach.New York Information Breach and Notification RequirementsContractor hereby acknowledges and agrees to use commercially reasonable efforts to maintain the security of private information (as defined in the New York State Information Security Breach and Notification Act, as amended “ISBNA”(General Business Law § 889-aa; State Technology Law § 208) that it creates, receives, maintains or transmits on behalf of SUNY and to prevent unauthorized use and/or disclosure of that private information; and implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of electronic private information that it creates, receives, maintains or transmits on behalf of SUNY (“SUNY Data”). Contractor hereby acknowledges and agrees to fully disclose to SUNY pursuant to the ISBNA, and any other applicable law any breach of the security of a system where Contractor creates, receives, maintains or transmits private information on behalf of SUNY following discovery or notification of the breach in the system as to any resident of New York State whose private information was, or is reasonably believed to have been acquired by a person without valid authorization (“Security Incidents”). The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the system. Contractor shall be liable for the costs associated with such breach if caused by Contractor’ negligent or willful acts or omissions, or the negligent or willful acts or omissions of Contractor’s agents, officers, employees or subcontractors. In the event of a Security Incident involving SUNY Data pursuant to the ISBNA, SUNY has an obligation to notify every individual whose private information has been or may have been compromised. In such an instance, the Contractor agrees that SUNY will determine the manner in which such notification will be provided to the individuals involved pursuant to the ISBNA and agrees to indemnify SUNY against any cost of providing any such legally required notice. Upon termination or expiration of the Contract, the Contractor will follow SUNY’s instructions relating to any SUNY Data remaining in Contractor’s possession. Upon authorization from SUNY, the Contractor will use data and document disposal practices that are reasonable and appropriate to prevent unauthorized access to or use of SUNY Data and will render the information so that it cannot be read or reconstructed.Service Levels ( Applicable to Cloud Based, Remotely Hosted or Technology as A Service Contracts)SUNY understands that the Services will not be uninterrupted or error free. Contractor will use commercially reasonably efforts to ensure availability of the Services in accordance with the provisions of the Service Level Agreement, Attachment 6.Disaster Recovery Contractor shall maintain disaster recovery services at the dedicated facility that is able to handle SUNY data center and business continuity needs under the Contractor in the event disaster recovery is needed. Throughout the term of the Contract, Contractor shall maintain contracts or arrangements that are substantially equivalent or an improvement to those currently in effect. Contractor shall test disaster recovery capabilities, at least once every calendar year and provide SUNY with a copy of its disaster recovery plan upon request.Data PortabilityContractor agrees to do whatever is reasonable and necessary to facilitate the orderly and professional transfer of the Services and SUNY Data upon the expiration or termination of the Contract to SUNY or a SUNY Institution, or do whatever subsequent vendor SUNY may select to provide similar services on SUNY’s behalf.Accessibility of Web Based Information and Applications TC "17. Accessibility of Web Based Information and Applications" \f C \l "1" Web-based information and applications shall be compliant with certain accessibility standards (noted in the table below) developed by the Federal government in compliance with Section 508 of the Rehabilitation Act of 1973, as amended 29 U.S.C. § 794 (d).Section 508 StandardsSubpart B, Section 1194.22Web-based Intranet and Internet Information and ApplicationsSubpart C, Section 1194.31Functional Performance CriteriaThird Party Web-based Information and Application DevelopmentAny web-based information and applications development, or programming delivered pursuant to the contract or procurement, will comply with New York State Enterprise IT Policy NYS-P08-005, Accessibility of Web-Based Information and Applications as such policy may be amended, modified or superseded, which requires that state agency web-based information and applications are accessible to persons with disabilities. Web-based information and applications must conform to New York State Enterprise IT Policy NYS-P08-005 as determined by quality assurance testing. Such quality assurance testing will be conducted by (state agency name, contractor or other) and the results of such testing must be satisfactory to (state agency name) before web-based information and applications will be considered a qualified deliverable under the contract or procurement.The above clause will also apply to the extent that a state agency contracts with a public or private entity, and such contract requires the creation, development, implementation, or hosting of web-based information or applications on behalf of, or for, a state agency. The requirement of this part specifically includes the outsourcing of any of the services identified in this part.However, portions of an Intranet, the Internet or an extranet that are outside the control of the state agency or the third-party will not be Neutrality TC "18. Net Neutrality" \f C \l "1" In accordance with the requirements of Executive Order No. 175, Contractor will be expected to adhere to net neutrality principles in the provision of internet services under this Contract, regardless of delivery method unless Stony Brook University, or their designee, determines that adherence to net neutrality principles for a particular purpose is not in the best interests of the State. Nothing in this provision supersedes any obligation or authorization a provider of broadband Internet access service may have to address the needs of emergency communications or law enforcement, public safety, or national security authorities, consistent with or as permitted by applicable law, or limits the provider’s ability to do so. As used herein, “net neutrality” means that Contractor will not block, throttle, or prioritize internet content or applications or require that end users pay different or higher rates to access specific types of content or application.Services Outside Scope of the Contract Awarded TC "18. Services Outside Scope of the Contract Awarded" \f C \l "2" SUNY shall not be responsible for any services provided by the successful Bidder that are outside the scope of the contract awarded. SUNY shall not be responsible for any additional costs other than the costs for the services outlined herein, or for any work performed that has not been properly authorized in writing by SUNY.Standard Contract Clauses TC "19. Standard Contract Clauses" \f C \l "2" Any contract resulting from this Proposal shall include Exhibit A (attached - the Standard Clauses for all New York State Contracts), Exhibit A-1 (attached - the Affirmative Action Clauses), Exhibit D (Non-Collusive Bidding Certification), Exhibit M (MWBE Forms), and Exhibit L (Procurement Lobbying Law), Exhibit T (ST-220), Exhibit V (Vendor Responsibility Questionnaire), Exhibit Z (HIPAA Business Associate Requirements), and EO 177 Certification (Executive Order 177), and N.Y. State Finance Law §139-l Certification, the provisions of which shall take precedence over any provision in the Proposal. These clauses relate to, among other things, assignment of the contract, availability of funds, non-discrimination, affirmative action, non-collusion, worker’s compensation.Bidder responding to this Proposal/Bid does so with full knowledge and acceptance of the provisions of Exhibit A-1, attached herein. Award will be made only after attached Pre-Award Documentation is completed and returned to the University, Attn: Procurement Department and submitted with bidder’s response. Contractor shall be responsible for forwarding post-award documentation in accordance with outline attached and as fully described in Exhibit A-1, Section II, Terms (this does not apply to awards that will not exceed the stated amounts).Binding Effect TC "20. Binding Effect" \f C \l "2" The contract awarded shall be binding upon its execution by both parties and, if required by New York State law, upon the written approvals of the Attorney General and the Office of the State Comptroller.Confidentiality TC "21. Confidentiality” \f C \l "2" The successful Bidder may be required to enter into a confidentiality agreement regarding the terms and specifications of any contract awarded. .F.O.I.L (Freedom of Information Law) TC "22. F.O.I.L (Freedom of Information Law” \f C \l "2" Bidder acknowledges that its RFP response is subject to the New York State Freedom of Information Law “FOIL”) as set forth in Articles 6 and 6a of the New York State Public Officers Law and that only Bidder’s proprietary information that satisfies the requirements of section 87(2)(d) of the Public Officers Law shall be excepted from disclosure thereunder. If Bidder believes that any information in its response constitutes a trade secret or should otherwise be treated as confidential and wishes such information not to be disclosed if requested pursuant to Article 6 of the New York State Public Officers Law, Bidder shall submit with their response a separate letter specifically identifying the page number(s), line(s), or other appropriate designation(s) containing such information, explaining in detail why such information is a trade secret and formally requesting that such information be confidential. Only Bidder’s proprietary information that satisfies the requirements of section 87(2)(d) of the Public Officers Law shall be excepted from disclosure thereunder. Failure by a Bidder to submit such a letter with its response identifying trade secrets shall constitute a waiver of Bidder of any rights it may have under the New York State Public Officers Law relating to protection of trade secrets. If there is litigation for information that Bidder has identified as constituting a trade secret, it is Bidder’s responsibility to respond to the litigation and failure to do so shall constitute a waiver of Bidder of any rights it may have under the New York State Public Officers Law relating to protection of trade secrets.Please submit your request for records (for example, a bid tabulation, contract, etc) along with the appropriate RFP/ reference number to:Douglas Panico, Records Access Officer, Administration Building, Stony Brook, NY 11794-1308, Fax: 631-632-2981, Email: RecordsAccessOfficer@stonybrook.eduDiversity Contracting Requirements TC "23. Diversity Contracting Requirements" \f C \l "2" Diversity Practices TC "A. Diversity Practices" \f C \l "2" SUNY seeks to engage contractors that have a demonstrated history of hiring, training, developing, promoting and retaining minority group members and women. Under NYS Executive Law Article 15-A, 5 NYCRR Part 141.1(o) diversity practices are the efforts of contractors to include New York State certified MWBEs in their business practices. Diversity practices may include part, present, or future actions and policies, and include activities of contractors on contracts with private entities and governmental units other than the State of New York. SUNY will assess the diversity practices of prospective bidders to encourage contractors to engage in meaningful, capacity-building collaborations with MWBEs through evaluation of the Diversity Practices Questionnaire in Attachment 3. All prospective bidders are required to complete the attached Diversity Practices Questionnaire. This questionnaire elicits information about each prospective bidder in order to verify that its work environment demonstrates a strong commitment to diversity. By responding to the RFP and completing this questionnaire, each prospective bidder acknowledges that:The Bidder has an equal employment opportunity policy statement (which shall be submitted to SUNY with each Bidder's Proposal using the Form identified in subsection (iv) below).Pursuant to Article 15 of the Executive Law (the "Human Rights Law"), all other State and Federal statutory and constitutional non-discrimination provisions, the Bidder will not discriminate against any employee or applicant for employment because of race, creed, color, sex, religion, national origin, military status, sexual orientation, age, disability, genetic disposition or carrier status, domestic violence victim status, or marital status, will undertake, or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and will make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force during its legal engagement with SUNY. It shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest. The Bidder will state in all solicitations or advertisements for employees that, in the performance of this Contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, sex, religion, national origin, military status, sexual orientation, age, disability, genetic disposition or carrier status, domestic violence victim status, or marital status.The Bidder will submit the applicable Workforce Employment Utilization Report utilizing MWBE Form 7557-112a, 7557-112b or 7557-112c, as applicable, describing the anticipated work force to be utilized on the engagement with SUNY or, where required, information on the Bidder's total work force, including apprentices, broken down by specified ethnic background, gender, and Federal occupational categories or other appropriate categories specified by SUNY. This form elicits information about each responding Bidder in order to verify that its work environment demonstrates a strong commitment to diversity.By submission of a bid or proposal in response to this solicitation and completing this questionnaire, the Bidder agrees with all of the terms and conditions of SUNY Exhibit A-1 including Clause 12 - Equal Employment Opportunities for Minorities and Women and acknowledges that: The Contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor, shall undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services unrelated to the Contract; or (ii) employment outside New York State.Pursuant to Article 15 of the Executive Law (the “Human Rights Law”), all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor and sub-contractors will not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest. Bidder must submit with their bid or proposal their Bidder’s Equal Employment Opportunity Policy Statement (which conforms to the provisions of Exhibit A-1) utilizing MWBE Form 104. Forms are available in SUNY Procurement Policies and Procedures Document 7557 online at: . Please Note: Failure to comply with the foregoing requirements may result in a finding of non-responsiveness, non-responsibility and/or a breach of the Contract, leading to the withholding of funds, suspension or termination of the Contract or such other actions or enforcement proceedings as allowed by the Contract.Diversity, Equity and Inclusion: If this solicitation is for the services of an executive search firm, the SUNY Board of Trustees adopted a policy to establish diversity, equity and inclusiveness throughout the SUNY system. Diversity is broadly defined under that policy to include race, ethnicity, religion, sexual orientation, gender, gender identity and expression, age, socioeconomic status, status as a veteran, status as an individual with a disability, students undergoing transition (such as transfer, stop-out, international student acclimation), and first generation students. In furtherance of this policy, all executive search firms are required to provide the following:information about the diversity of your Firm’s staff; andthe Firm’s success rate in placing diverse candidates. Minority and Women-owned Business Enterprises (MWBE) TC "B. Minority and Women-owned Business Enterprises (MWBE)" \f C \l "2" Pursuant to New York State Executive Law Article 15-A, SUNY recognizes its obligation under the law to promote opportunities for maximum feasible participation of certified minority- and women-owned business enterprises and the employment of minority group members and women in the performance of SUNY contracts. For purposes of this solicitation, SUNY hereby establishes an overall goal of ___% for MWBE participation, __% for Minority-Owned Business Enterprises (“MBE”) participation and ___% for Women-Owned Business Enterprises (“WBE”) participation (based on the current availability of qualified MBEs and WBEs). For additional information please refer to the MWBE requirements outlined in MWBE Prospective Bidder’s Notice (Form 7557-121). For guidance on how SUNY will determine a Contractor’s good faith efforts to utilize certified MWBEs, refer to 5 NYCRR §142.8. Please note the response forms identified in Form 7557-121 (SUNY MWBE Forms 7557-104, 7557-107 & 7557-108) must be submitted with all Bids. Forms are available in SUNY Procurement Policies and Procedures Document 7557 online at: . Bidders must submit an MWBE Utilization Plan on Form 7557-107 with their bid or proposal. Any modifications or changes to the MWBE Utilization Plan after the Contract award and during the term of the Contract must be reported on a revised MWBE Utilization Plan and submitted to SUNY. SUNY will review the submitted MWBE Utilization Plan and advise the Bidder of SUNY acceptance or issue a notice of deficiency within 30 days of receipt. If a notice of deficiency is issued, Bidder agrees that it shall respond to the notice of deficiency within seven (7) business days of receipt by submitting to SUNY, a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by SUNY to be inadequate, SUNY shall notify the Bidder and direct the Bidder to submit, within five (5) business days, a request for a partial or total waiver of MWBE participation goals on Form 7557-114. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal. SUNY may disqualify a Bidder as being non-responsive under the following circumstances: If a Bidder fails to submit a MWBE Utilization Plan;b) If a Bidder fails to submit a written remedy to a notice of deficiency; c) If a Bidder fails to submit a request for waiver; or d) If SUNY determines that the Bidder has failed to document good faith efforts. Contractors shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract Award may be made at any time during the term of the Contract to SUNY, but must be made no later than prior to the submission of a request for final payment on the Contract.Contractors are required to submit a Contractor’s Quarterly M/WBE Contractor Compliance & Payment Report on Form 7557-113 to SUNY address, phone and fax information], by the 5th day following each end of quarter over the term of the Contract documenting the progress made toward achievement of the MWBE goals of the Contract.Equal Employment Opportunity Requirements TC "C. Equal Employment Opportunity Requirements" \f C \l "2" By submission of a bid or proposal in response to this solicitation, the Bidder/Contractor agrees with all of the terms and conditions of SUNY Exhibit A including Clause 12 - Equal Employment Opportunities for Minorities and Women. The Contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor, shall undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services unrelated to the Contract; or (ii) employment outside New York State.Bidder further agrees, where applicable, to submit with the bid a staffing plan (Form 7557-108) identifying the anticipated work force to be utilized on the Contract and if awarded a Contract, will, upon request, submit to SUNY , a workforce utilization report identifying the workforce actually utilized on the Contract if known. Forms are available in SUNY Procurement Policies and Procedures Document 7557 online at: Note: Failure to comply with the foregoing requirements may result in a finding of non-responsiveness, non-responsibility and/or a breach of the Contract, leading to the withholding of funds, suspension or termination of the Contract or such other actions or enforcement proceedings as allowed by the Contract.Service-Disabled Veteran-Owned Businesses (SDVOB) TC "D. Service-Disabled Veteran-Owned Businesses (SDVOB)" \f C \l "2" SUNY is committed to the State's policy of encouraging the development of service-disabled veteran-owned businesses (SDVOB). The Service-Disabled Veteran-Owned Business Act (the “Act”) became effective on May 12, 2014, and SUNY has implemented the State's comprehensive plan and operational guidelines to promote SDVOBs and to assist them in obtaining opportunities to participate in the procurement of goods and services by the State. SUNY will employ applicable measures and procedures provided by the Director of the Division of Service-Disabled Veterans' Business Development in the Office of General Services (the "Division"), to ensure that SDVOBs are afforded the opportunity for meaningful participation in the performance of SUNY's contracts and to assist in achieving the Act’s statewide goal for participation on state contracts by SDVOBs. The awarded contract shall provide that any contractor who willfully and intentionally fails to comply with the SDVOB participation requirements shall be liable to SUNY for damages, calculated based on costs for administration of SUNY’s SDVOB program.For additional information please refer to the SDVOB requirements outlined in SDVOB Prospective Bidder’s Notice (Forms 7564-121A, 7564-121B and 7564-121C). A SDVOB Utilization Plan must be submitted with all bids, utilizing Form 7564-107. All Forms are available at: are encouraged to apply to the Division for certification as a Service-Disabled Veteran-Owned Business, and to provide such documentation necessary to establish their status as such in accordance with the rules of the Director of the Division. For purposes of this solicitation, SUNY hereby establishes an overall goal of 6% for SDVOB participation.Directory of NYS Certified SDVOBs, please go to web page at: Use of New York State Businesses in Contract Performance TC "24. Encouraging Use of New York State Businesses in Contract Performance" \f C \l "2" New York State businesses have a substantial presence in SUNY contracts and strongly contribute to the economies of New York and the nation. In recognition of their economic activity and leadership in doing business in New York State, Bidders/Proposers/Contractors 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/Proposers/Contractors need to be aware that to the maximum extent practical and consistent with legal requirements, they are strongly encouraged 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/Proposers/Contractors 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 SUNY 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 this 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. SUNY therefore expects Bidders/Proposers/Contractors to provide maximum assistance to New York businesses in their use of the contract. The potential participation by all kinds of New York businesses will deliver great value to New York State and its taxpayers.Bidders/proposers must demonstrate their commitment by filling out and returning Exhibit N with bid package.Office of Federal Contract Compliance Programs TC "25. Office of Federal Contract Compliance Programs" \f C \l "2" This Contractor and Subcontractor shall abide by the requirements of 41 C.F.R. §§ 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals on the basis of protected veteran status or disability, and require affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans and individuals with erning Law TC "26. Governing Law" \f C \l "2" This RFP, Bidders’ proposals and any resulting contract shall be governed, construed and enforced in accordance with the laws of the State of New York, excluding New York’s choice of law principles in a New York court of competent jurisdiction. Bidder/Contractor agrees to submit itself to such court’s jurisdiction. Omnibus Procurement Act of 1992 TC "27. Omnibus Procurement Act of 1992" \f C \l "2" It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers and a directory of minority and women-owned business enterprises is available from: NYS Empire State DevelopmentWebsite: for Small Business625 Broadway, Albany, NY 12207Phone: 1-800-782-8369Email:nylovessmbiz@esd. Proper Contractor Identification TC "28. Proper Contractor Identification" \f C \l "2" The successful bidder is required to obtain authorized identification badges or cards (“Contractor Identification”) for his/her employees issued by the University directly through the Campus Card Office at the Contractor’s expense. The contractor identification badge/card shall be worn by the employee at all times while doing work on campus. The campus cards may be renewed each year.Contractor Personnel TC "29. Contractor Personnel" \f C \l "3" All successful Bidder’s personnel assigned to any requirements of an award must be fully qualified and cognizant of the required and applicable laws, rules and regulations pertaining to the contract award, and the necessary safety requirements. The Univeristy reserves the right to refuse any personnel assigned by the successful Bidder.Responsibility TC "30. Responsibility" \f C \l "2" The University will not be held responsible for any service, parts or material provided without prior written authorization via a valid purchase order. The successful Bidder shall perform only those services or provide only those materials indicated in the contract award. The University will not be responsible for any costs other than for the products and/or services outlined therein, or for any work performed or materials delivered which have not been properly authorized. .Determination of Vendor Responsibility TC "31. Determination of Vendor Responsibility" \f C \l "2" New York State procurement law requires that state agencies award contracts only to responsible contractors. Additionally, the New York State Comptroller must be satisfied that a proposed contractor is responsible before approving a contract award under Section 112 of the State Finance Law. Section 163 of the New York State Finance Law (“SFL”) requires that contracts for services and commodities be awarded on the basis of lowest price or best value “to a responsive and responsible bidder.” Section 163 (9)f of the SFL requires that prior to making a contract award, each contracting agency shall make a determination of responsibility of the proposed contractor.In accordance with these procurement laws, SUNY will conduct an affirmative review of vendor responsibility for all organizations or firms with which it conducts business. In doing so, bidders are required to file the required Vendor Responsibility Questionnaire online via the New York State VendRep System or may choose to complete and submit a paper questionnaire. To enroll in and use the VendRep System, see the VendRep System Instructions on the Office of State Comptroller (OSC) website, available at: osc.state.ny.us/vendrep or go directly to the VendRep System online at . For VendRep System user assistance, the OSC Help Desk may be reached at 866-370-4672 or 518-408-4672 of by email at helpdesk@osc.state.ny.us. Bidders opting to file a paper questionnaire may obtain the appropriate questionnaire from the VendRep website osc.state.ny.us/vendrep or may contact SUNY System Administration for a copy of the paper form. In addition:General Responsibility. The Contractor shall at all times during the contract awarded term remain responsible. The Contractor agrees, if requested by the SUNY Chancellor or his or her designee, to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity.Suspension of Work for Non-Responsibility. The SUNY Chancellor, in his or her sole discretion, reserves the right to suspend any or all activities under the contract awarded, at any time, when he or she discovers information that calls into question the responsibility of the Contractor. In the event of such suspension, the Contractor will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Contractor must comply with the terms of the suspension order. Contract activity may resume at such time as the SUNY Chancellor or his or her designee issues a written notice authorizing a resumption of performance of the contract awarded.Termination for Non-Responsibility. Upon written notice to the Contractor and a reasonable opportunity to be heard with appropriate SUNY officials or staff, the contract awarded may be terminated by the SUNY Chancellor or his or her designee at the Contractor’s expense, where the Contractor is determined by the SUNY Chancellor or his or her designee to be non-responsible. In such event, the SUNY Chancellor or his or her designee may complete the contractual requirements in any manner he or she may deem advisable and pursue available legal or equitable remedies for breach. Requirements of New York State’s Recycling Program TC "32. Requirements of New York State’s Recycling Program" \f C \l "2" In accordance with the provisions of Section 165(3) of the State Finance Law and Executive Order No. 142, SUNY is required to purchase recycled products, if available, made with recycled content in accordance with rules and regulations established by the State Department of Environmental Conservation in development of that agency’s Recycling Emblems Program. If the cost of a recycled product does not exceed by 10% the cost of a product made without recycled content (or by 15% if over 50% of the recycled materials are generated from the New York State waste stream), the recycled product must be purchased.State Consultant Services Reporting TC "33. State Consultant Services Reporting" \f C \l "2" State Finance Law Sections 8 and 163 require that Contractors annually report certain employment information to the contracting agency, the Department of Civil Service and Office of the State Comptroller. State contractors are required to disclose, by employment category, the number of persons employed to provide services under a contract for consulting services, the number of hours worked and the amount paid to the contractor by the State as compensation for work performed by these employees. This will include information on any persons working under any subcontracts with the State contractorElectronic Payment Authorization TC "34. Electronic Payment Authorization" \f C \l "2" Contractor shall provide complete and accurate billing invoices to SUNY in order to receive payment for its services. Billing invoices submitted to SUNY must contain all information and supporting documentation required by SUNY and the Office of State Comptroller (OSC). Payment for invoices submitted by Contractor shall only be rendered electronically unless payment by paper check is expressly authorized by the Vice Chancellor for Business and Finance of the State University of New York or designee, in her/his sole discretion, due to extenuating circumstances. Such electronic payment shall be made in accordance with ordinary New York state procedures and practices. Contractor shall comply with the OSC procedures to authorize payments. Authorization forms are available at the OSC website at osc.state.ny.us/epay, by email at epunit@osc.state.ny.us or by telephone at 518-474-4032. Contractor acknowledges that it will not receive payment on any invoices submitted under this contract if it does not comply with the OSC’s electronic payment procedures, except where the Vice Chancellor?or designee has expressly authorized payment by paper check as set forth above.Prevailing Wage Rates TC "35. Prevailing Wage Rates" \f C \l "2" For contracts, involving a component of the use of skilled labor for Construction and other Department of Labor trades: (1) New York State Public Works Law, Article 8 Section 200 – Contracts which include skilled labor requires rates in accordance with the Suffolk County Wage and Salary Schedule. Release of payment requires the submission of Contractor and Sub-Contractor certified payroll and the lien release/certification of payment forms. If the lien form or any applicable payroll records are not submitted with the invoice, payment will be held. (2) New York State Building Services Law, Article 9, Section 230 – Contracts which include building services labor require rates in accordance with the Suffolk County Wage and Salary Schedule. Release of payment requires the submission of Contractor and Sub-Contractor certified payroll forms. If applicable payroll records are not submitted with the invoice, payment will be held. ALL NEW YORK STATE LABOR LAWS APPLY EVEN THOSE COVERING BREAKS, HOURS WORKED, ETC. The PRC # for this bid is PRC#OSHA 10-hour Construction Safety and Health Course – S1537-A TC "36. OSHA 10-hour Construction Safety and Health Course S1537-A" \f C \l "2" This provision is an addition to the existing prevailing wage rate law, Labor Law §220, section 220-h. It requires that on all public work projects of at least $250,000.00, all laborers, workers and mechanics working on the site, be certified as having successfully completed the OSHA 10-hour construction safety and health course. Early Pay Discount TC "37. Early Pay Discont" \f C \l "2" Where Contractor generally offers more advantageous special price promotions or special discount pricing to other customers during the Contract term for a similar quantity, and the maximum price or discount associated with such offer or promotion is better than the discount or net pricing otherwise available under this Contract, such better price or discount shall apply for similar quantity transactions under this Contract for the life of such general offer or promotion.If the Contractor offers an early payment discount, at any point in time, that is more advantageous to the State than the terms that are contractually obligated, the Contractor shall include the payment terms of the discount on the applicable invoice(s).Payment TC "37. Payment" \f C \l "2" Payments will be released for processing upon receipt and approval of original detailed invoices (goods delivered and services received). Payments are made in accordance with New York State Finance Law and the terms and conditions of this RFP. The full text of the New York State Finance Law specifically regarding prompt payments to vendors/contractors can be found on the web at . Click on “Laws of New York,” then “STF,” then “Article 11-A,” then “Section 179-F.”The Contractor shall provide complete and accurate billing invoices to the University in order to receive payment for its services. Billing invoices submitted to the University must contain all information and supporting documentation required by the University and NYS Office of State Comptroller (“OSC”) (Go to attached link to ensure you are meeting New York State proper invoicing requirements: ). Payment for invoices submitted by the Contractor shall only be rendered electronically unless payment by paper check is expressly authorized by the Vice President for Administration or designee, in her/his sole discretion, due to extenuating circumstances. Such electronic payment shall be made in accordance with ordinary New York State procedures and practices. The Contractor shall comply with the OSC procedures to authorize payments. Authorization forms are available at the OSC website at osc.state.ny.us./epay/index.htm, by email at VendUpdate@osc.state.ny.us or by telephone at 518-474-4032. The Contractor acknowledges that it will not receive payment on any invoices submitted under this contract if it does not comply with the OSC’s electronic payment procedures, except where the Vice President for Administration or designee has expressly authorized payment by paper check as set forth above..Identifying Information and Privacy Notification TC "38. Identifying Information and Privacy Notification" \f C \l "2" (a) Identification Number(s). Every invoice or New York State Claim for Payment submitted to a New York State agency by a payee, for payment for the sale of goods or services or for transactions (e.g., leases, easements, licenses, etc.) related to real or personal property must include the payee's identification number. The number is any or all of the following: (i) the payee’s Federal employer identification number, (ii) the payee’s Federal social security number, and/or (iii) the payee’s Vendor Identification Number assigned by the Statewide Financial System. Failure to include such number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or Claim for Payment, must give the reason or reasons why the payee does not have such number or numbers.(b) Privacy Notification. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in the Statewide Financial System by the Vendor Management Unit within the Bureau of State Expenditures, Office of the State Comptroller, 110 State Street, Albany, New York 12236.Customs Clearance TC "39. Customs Clearance" \f C \l "2" If the product is being manufactured in another country and will require customs service, the cost of such service and any applicable importation fees shall be born by the vendor and incorporated in the price bid.Report of Contract Purchases TC "40. Report of Contract Purchases" \f C \l "2" Contractor shall furnish quarterly data and contract spend reports to (Insert Buyer/Contract Officer). Reports shall be broken out to match the items contained on the pricing page of this solicitation and shall be delivered in accordance with the following schedule: 1st Quarter (April 1 – June 30) Due July 052nd Quarter (July 1 – Sept 30) Due Oct 053rd Quarter (Oct 1 – Dec 31) Due Jan 054th Quarter (Jan 1 – March 31) Due April 05The report is to be submitted electronically in Microsoft Excel and shall reference the Contract Number, sales period, and contractor's, subcontractor (or other authorized agent) name.The outlined sales report is the minimum information required. Additional related sales information, such as monthly reports, and/or detailed user purchases may be required and must be supplied upon request. Reports are a deliverable of the contract. The University reserves the right to withhold payment if a vendor is delinquent in report submittal.Timeliness of Payment and Interest TC "41. Timeliness of Payment and Interest" \f C \l "2" Interest for late payment shall be governed by Section 179g of New York State Finance Law. Hierarchy of Precedence TC "42. Hierarchy of Precedence" \f C \l "2" In the event of a conflict of interpretation between the parties to any agreement resulting from this RFP, the following documents shall prevail (each of which will be incorporated into and made a part of such agreement):Exhibit A Exhibit A-1AgreementThis RFP Successful Bidder’s response to this RFP, including all attachmentsIndependent Contractor TC "43. Independent Contractor" \f C \l "2" The Successful Bidder (Contractor) and its agents or employees or any entity or person acting on behalf of the Contractor engaged in the performance of work shall at all times be deemed to be performing as independent contractors. The Contractor hereby covenants and agrees to act in accordance with that status. The Contractor and its agents or employees or any entity or person acting on behalf of the Contractor shall neither hold themselves out as, nor claim to be, officers or employees of the University and shall make no claim for, nor be entitled to, Workers’ Compensation coverage, medical and unemployment benefits, social security, or retirement membership benefits from the University.Subcontracting TC "44. Subcontracting" \f C \l "2" In the event the Successful Bidder (Contractor) uses partners, subcontracts or subcontractors, the Contractor will remain responsible for compliance with all specifications and performance of all obligations under the contract resulting from this RFP. For the resulting agreement, the successful bidder will be the prime contractor.Within thirty (30) calendar days after Notice of Award, the Successful Bidder must submit a written statement to the University giving the name and address of all proposed subcontractors. The statement must contain a description of the portion of the work and materials which the proposed subcontractors are to perform and must furnish any other information to document that the proposed subcontractors have the necessary facilities, skill, integrity, past experience and financial resources to perform the work in accordance with the terms and provisions of the contract. If the University finds that the proposed subcontractors are qualified, it will so notify the Contractor within ten (10) business days following receipt of Contractor’s written statement described above. If the University determines that a subcontractor is not qualified, it will so notify the Contractor. The Contractor must, within ten (10) business days thereafter, submit a written statement as described above with respect to other proposed subcontractors, unless the Contractor decides to do such work itself and in the University’s opinion is qualified to do such work.University’s approval of a subcontractor shall not relieve the Contractor of any of its responsibilities, duties and liabilities under the contract. The Contractor shall be solely responsible to the University for the acts, omissions or defaults of such subcontractors and of such subcontractors' officers, agents and employees, each of whom shall, for this purpose, be deemed to be the agent or employee of the Contractor to the extent of its subcontract. No provisions of the awarded contract shall create or be construed as creating any contractual relation between the University and any subcontractor or subsubcontractor or with any person, firm or corporation employed by, contracted with or whose services are utilized by the Contractor.The Contractor shall be fully responsible for the administration, integration, coordination, direction and supervision of all of its subcontractors and of all work. Contractor shall check requirements of the work and coordinate and adjust as required so that conflicts in time, work space, equipment and supplies do not occur in the work being performed by the Contractor with its own employees and the work being performed by its subcontractors.No subcontractor shall be permitted to work until it has furnished satisfactory evidence to the University of the insurance required by law. The Successful Bidder (Contractor) shall execute a written agreement with each of its subcontractors and shall require all subcontractors to execute with their subsubcontractors a written agreement which shall bind each to the terms and provisions of the prime contract awarded, insofar as such terms and provisions are applicable to the work to be performed by such subcontractors. The Contractor shall require all subcontractors and subsubcontractors to promptly, upon request, file with the University’s a copy of such agreements upon request, from which the price and terms of payment may be deleted. Compliance TC "45. Compliance" \f C \l "2" During the term of any Resulting Agreement, the successful Bidder shall comply, and shall cause each of its employees, agents, subcontractors and the employees and agents of such subcontractors, if any, subcontractor, if any, to comply with all applicable laws, ordinances, rules, orders, regulations and requirements of Federal, State and municipal governments, including the requirements and conditions set forth in Exhibits A and A-1, each in their then current form attached to the Resulting Agreement and incorporated therein, and all applicable rules, regulations and policies of State University of New York, Stony Brook University and the University.The successful Bidder shall also comply, when applicable, with the provisions of the New York State Information Security Breach and Notification Act (General Business Law Section 899-aa and State Technology Law, Section 208, each as amended from time to time). The successful Bidder shall be liable for the costs associated with any breach of these provisions if caused by the negligent or willful acts or omissions of the successful Bidder or its agents, officers, employees or subcontractors..Indemnification TC "46. Indemnification" \f C \l "2" Successful Bidder (Contractor)The Successful Bidder(Contractor) shall fully indemnify, defend and save SUNY and its respective officers, agents and employees without limitation, from suits, actions, damages and costs of every name and description arising out of the acts or omissions of the Contractor in any performance under this Agreement including: i) personal injury, damage to real or personal tangible property; ii) negligence, either active or passive; and iii) infringement of any law or of a United States Letter Patent, with respect to Products and Services furnished under this Agreement, or of any copyright, trademark, trade secret or intellectual proprietary rights, provided that SUNY shall give Contractor: (a) prompt written notice of any action, claim, or threat of infringement suit, or other suit, promptness of which, shall be established by SUNY upon the furnishing of written notice and verified receipt, (b) the opportunity to take over, settle or defend such action, claim or suit at Contractor's sole expense, and (c) assistance in the defense of any such action is at the expense of the Contractor. Where a dispute or claim arises relative to a real or anticipated infringement, SUNY may require the Contractor, at its sole expense, to submit such information and documentation, including formal patent attorney opinions, as SUNY shall require. New York State reserves the right to join such action, at its sole expense, when it determines there is an issue involving a significant public interest. Liability TC "47. Liability" \f C \l "2" The Successful Bidder (Contractor) understands and agrees that it is responsible for the performance of the Services in accordance with the terms and conditions of the awarded Contract. SUNY may look solely to the Contractor for remedy, redress, liability or indemnification for any failure to perform, whether caused by Contractor itself or by one or more of its officers, employees, subcontractors, agents, licensees, licensors or affiliates or any person or entity acting on behalf of Contractor in providing the Services. The Contractor shall be fully liable for the actions of its officers, employees, subcontractors, agents, licensees, licensors, or affiliates or any person or entity acting on its behalf in providing the Services and shall fully indemnify and save harmless SUNY and the State of New York from suits, actions, damages and costs of every name and description presented, brought, or recovered against SUNY and the State of New York for, or on account of any liability which may be incurred by reason of the Contractor’s performance of this Agreement.The Contractor will be responsible for the work, direction and compensation of any person or entity it engages as an officer, expert, employee, consultant, agent, independent contractor, or subcontractor. Nothing in the contract awarded or the performance thereof by the Contractor will impose any liability or duty whatsoever on SUNY including, but not limited to, any liability for taxes, compensation, commissions, Workers' Compensation, disability benefits, Social Security, or other employee benefits for any person or entity.No limitation of Liability TC "48. No limitation of Liability" \f C \l "2" No agreement resulting from this RFP will permit any limitation of the successful Bidder’s liability for personal injury, property damage or intellectual property infringement due to the negligence of the successful Bidder, its officers, employees or agents.Insurance TC "49. Insurance" \f C \l "2" Upon the execution of this Agreement, (i) Contractor will shall procure at its sole cost and shall maintain in force at all times during the term of this Agreement, Commercial General Liability Insurance (CGL) covering the liability of Contractor for bodily injury, property damage, and personal/advertising injury arising from all work and operations under this contract in the amount of $... per occurrence/ $... in the aggregate, Professional Liability Insurance (Errors & Omissions Liability) including when applicable cyber liability with the annual aggregate limits not less than $.....(…. dollars) covering damages arising from but not limited to the following: breach of duty to protect the security and confidentiality of non-public proprietary corporate information, personally identifiable non-public information (e.g. medical, financial, personal in nature in electronic or non-electronic form, privacy notification costs, regulatory defense and penalties, website media liability, cyber theft of customer property, including but not limited to money and securities and business automobile liability insurance with a combined single limit of $... naming the State of New York, the State University of New York and the State University of New York at Stony Brook as additional insured. Copies of the certificate of insurance shall be presented to the Department of Procurement and must include proof of coverage under Contractor’s underlying insurance policy. COI’s will not be accepted without proof that Stony Brook University is in fact a covered insured or included in the scope of insurance coverage under the contractor’s source policy. Contractor shall save harmless the State of New York, the State University of New York and the State University of New York at Stony Brook from all damage and claims for damage, suits, costs recoveries and judgments which may be recovered against the State University of New York and the State of New York or their officers, agents or employees, arising or growing out of the performance of this contract.Each insurance carrier must be rated at least "A-"Class "VII" in the most recently published Best's Insurance Report. If during the term of the policy, a carrier's rating falls below ""A-" Class "VII", the insurance must be replaced no later than the renewal date of the policy with an insurer acceptable to The State University of New York and rated at least "A-" Class "VII" in the most recently published Best's Insurance Report.The contractor shall require that any subcontractors hired, carry insurance with the same limits and provisions provided herein.Certificates: Contractor, upon notice of award shall submit Certificate(s) of insurance to: The Office of Procurement, Attention: Contracts Officer. Contractor will be responsible to submit updated certificates throughout the duration of the contract term. When possible please send certificates electronically or via fax. Each Certificate must include the specific Contract number and the name of the Contract Officer.Contractor is required to obtain any permits, insurance, bonds, etc., normally required for his/her business and employees.All policies shall be written with insurance companies licensed to do business in the State of New York and shall be endorsed to provide that University shall receive thirty (30) days’ prior written notice in the event of cancellation, non-renewal or material modification. Upon the commencement date of this Agreement, and each anniversary date thereof, Contractor shall provide University Department of Procurement with a Certificate of Insurance evidencing the foregoing coverages.The University represents that the State of New York does not purchase insurance against liability arising out of the acts of The State of New York, State University of New York, University, Stony Brook University Medical Center, Long Island Veterans Home, and Stony Brook Southampton Campus or their respective officers and employees. In lieu of such insurance, the State of New York self-retains for insurance purposes.Worker’s Compensation Insurance and Disability Benefits TC "50. Insurance" \f C \l "2" Workers’ Compensation Law (WCL) §57 & §220 requires the heads of all municipal and state entities to ensure that businesses applying for permits, licenses or contracts document it has appropriate workers’ compensation and disability benefits insurance coverage. These requirements apply to both original contracts and renewals, whether the governmental agency is having the work done or is simply issuing the permit, license or contract. Failure to provide proof of such coverage or a legal exemption will result in a rejection of your bid or renewal. 1. Proof of Compliance with Workers’ Compensation Coverage Requirements:An ACORD form is NOT acceptable proof of workers’ compensation coverage. In order to provide proof of compliance with the requirements of the Workers’ Compensation Law pertaining to workers’ compensation coverage, a contractor shall:Be legally exempt from obtaining Workers’ Compensation insurance coverage; orObtain such coverage from an insurance carrier; orBe a Workers’ Compensation Board-approved self-insured employer or participate in an authorized self-insurance plan.A Contractor seeking to enter into a contract with the State of New York shall provide one of the following forms to the State University of New York at Stony Brook at the time of bid submission or shortly after the opening of bids:Form CE-200, Certificate of Attestation for New York Entities With No Employees and Certain Out of State Entities, That New York State Workers’ Compensation and/or Disability Benefits Insurance Coverage is Not Required, which is available on the Workers’ Compensation Board’s website:(); (Reference applicable IFB/RFP and Group #s on the form.)Certificate of Workers’ Compensation Insurance:Form C-105.2 (9/07) if coverage is provided by the contractor’s insurance carrier, contractor must request its carrier to send this form to the State University of New York at Stony Brook, or Form U-26.3 if coverage is provided by the State Insurance Fund, contractor must request that the State Insurance Fund send this form to the State University of New York at Stony Brook. Form SI-12, Certificate of Workers’ Compensation Self-Insurance available from the New York State Workers’ Compensation Board’s Self-Insurance Office. Form GSI-105.2, Certificate of Participation in Workers’ Compensation Group Self-Insurance available from the contractor’s Group Self-Insurance Administrator.2. Proof of Compliance with Disability Benefits Coverage Requirements:In order to provide proof of compliance with the requirements of the Workers’ Compensation Law pertaining to disability benefits, a contractor shall:Be legally exempt from obtaining disability benefits coverage; orObtain such coverage from an insurance carrier; orBe a Board-approved self-insured employer.A Contractor seeking to enter into a contract with the State of New York shall provide one of the following forms to The State University of New York at Stony Brook at the time of bid submission or shortly after the opening of bids:Form CE-200, Certificate of Attestation for New York Entities With No Employees and Certain Out of State Entities, That New York State Workers’ Compensation and/or Disability Benefits Insurance Coverage is Not Required, which is available on the Workers’ Compensation Board’s website:(); (Reference applicable IFB/RFP and Group #s on the form.)Form DB-120.1, Certificate of Disability Benefits Insurance. Contractor must request its business insurance carrier to send this form to The State University of New York at Stony Brook.Form DB-155, Certificate of Disability Benefits Self-Insurance. The Contractor must call the Board’s Self-Insurance Office at 518-402-0247 to obtain this form. ALL OF THE ABOVE REFERENCED FORMS, EXCEPT CE-200, SI-12 & DB-155 MUST NAME: The State University of New York at Stony Brook as the Entity Requesting Proof of Coverage (Entity being listed as the Certificate Holder).The following are websites that contractors/vendors can refer to: TC "51. Travel" \f C \l "2" In the event the Contractor is required to be reimbursed for travel, reimbursement rates shall not exceed the current NYS Schedule of Allowable Reimbursable Travel Expenses, available from the New York State Comptroller at: TC "52. Award" \f C \l "2" Any contract award emanating from this RFP shall be to one contractor who meets the specifications and will be in accordance with the evaluation criteria stated in the RFP. {Alternate method of award may be substituted}Contract Period TC "53. Contract Period" \f C \l "2" The University anticipates that any and all contracts awarded under this RFP shall be effective by approximately day and date, or upon final approval by the New York State Attorney General and Office of the State Comptroller, whichever is later. The University shall have the right to terminate this contract early for: (i) cause; or (ii) convenience. Contract Term TC "54. Contract Term" \f C \l "2" The anticipated term for any Resulting Agreement is five (5) years (or alternate), subject to any termination options provided for in the Resulting Agreement. The terms and conditions of this RFP specification shall be incorporated into an agreement developed by the University as well as the successful Bidder’s response, and shall become part of any agreement award. Failure of Bidder to accept these obligations shall result in the rejection of Bidder’s response.Termination TC "55. Termination" \f C \l "2" The University, by 30 days’ prior written notice, may terminate any Resulting Agreement that emanates from this RFP for convenience. THE UNIVERSITY MAY ALSO TERMINATE ANY RESULTING AGREEMENT BY WRITTEN NOTICE IMMEDIATELY FOR CAUSE. CAUSE INCLUDES SUCCESSFUL BIDDER’S FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT. If the Resulting Agreement is so terminated, the University shall be liable only for payment in accordance with the payment provisions of this Agreement for services rendered prior to the effective date of termination. The University also reserves the right to terminate any Resulting Agreement immediately for cause in the event it is determined that the certifications filed by Successful Bidder in accordance with (i) State Finance Law 139-j and 139-k were intentionally false or intentionally incomplete and/or (ii) the Department of Taxation and Finance Contractor Certification forms ST220-TD and ST220-CA were false or incomplete. The University may terminate any Resulting Agreement, upon written notice, in the event of any of the following: (i) Successful Bidder makes an assignment for the benefit of creditors; (ii) a petition in bankruptcy or any insolvency proceeding is filed by or against Successful Bidder and is not dismissed within thirty (30) days from the date of filing; or (iii) all or substantially all of the property of Successful Bidder is levied upon or sold in any judicial proceeding. The University may terminate any Resulting Agreement immediately in the event the Successful Bidder assigns, transfers, conveys or disposes of its rights, title or interest in the Agreement without the prior written consent of the University, and if applicable, the written consent of the New York State Attorney General and the New York State Office of the State Comptroller. Upon such determination, the University may exercise its termination right by providing written notification to Successful Bidder in accordance with the written notification terms of the Agreement.Restrictions on the Activities of Current and Former State Officers and Employees TC "56. Restrictions on the Activities of Current and Former State Officers and Employees"\f C \l "2" Contractors and their employees are cautioned that the hiring of former state employees may violate the Ethics Law. The governing provisions are set forth in Paragraphs 73 and 74 of the Public Officers Law, and the underlying principle of the law is to prevent conflicts of interest, and encourage ethical behavior. The law may be found on the following web site: dos.state.ny.us/ethc/lawsregs.html.While the two most relevant paragraphs of law are contained below, any questions relating to interpretation of the Public Officers Law should be directed to the Ethics Commission at (518) 432-8207 or (800) 873-8442 {(800) 87-ETHIC}.Public Officers Law Paragraph 73(8)(a)(i) and (ii):8. (a) (i) No person who has served as a state officer or employee shall within a period of two years after the termination of such service or employment appear or practice before such state agency or receive compensation for any services rendered by such former officer or employee on behalf of any person, firm, corporation or association in relation to any case, proceeding or application or other matter before such agency.8. (a) (ii) No person who has served as a state officer or employee shall after the termination of such service or employment appear, practice, communicate or otherwise render services before any state agency or receive compensation for any such services rendered by such former officer or employee on behalf of any person, firm, corporation or other entity in relation to any case, proceeding, application or transaction with respect to which such person was directly concerned and in which he or she personally participated during the period of his or her service or employment, or which was under his or her active consideration.Former State employees may be retained by a Contractor under contract with a state agency, after he or she leaves State service, provided that they are not placed back at their former agency during their two year post-employment period or engaged in any other activities that would violate the lifetime bar provision of Public Officers Law Paragraph 73(8)(a)(ii).An individual who, following a hearing, is found to have knowingly and intentionally violated the provisions of Public Officers Law Paragraph 73(8)(a)(i) may be subject to a civil penalty in an amount not to exceed ten thousand dollars ($10,000.00) for each violation.Diesel Emissions Reduction Act of 2006 TC "57. Diesel Emissions Reduction Act of 2006" \f C \l "2" The Successful Bidder (Contractor) certifies and warrants that all heavy duty vehicles, as defined in New York State Environmental Conservation Law (ECL) section 19-0323, to be used by Contractor, its agents or subcontractors under the contract awarded, will comply with the specifications and provisions of ECL section 19-0323 and any regulations promulgated pursuant thereto, which requires the use of Best Available Retrofit Technology (“BART”) and Ultra Low Sulfur Fuel (“ULSD”), unless specifically waived by DEC. Qualification for a waiver under this law will be the responsibility of Contractor. Annually, but no later than March 1st, Contractor shall complete and submit directly to SUNY, via electronic mail, the Regulated Entity Vehicle Inventory Form and Regulated Entity and Contractors Annual Report forms available at the Department of Environmental Conservation (“DEC”) website: , for heavy duty vehicles used in the performance of the contract awarded for the preceding calendar year. The Contractor shall certify to SUNY, and submit with each application for payment, Contractor and Subcontractor Certification forms, which state that the Contractor will comply with the provisions of ECL Section 19.0323.Price Escalation: (Must be determined by the Contracts Officer and Requesting Department if this will be allowed) TC "58. Price Escalation" \f C \l "2" Price must remain fixed for the first year of the contract. On each anniversary date of the contract, the Contractor will or may be granted an increase and will be subject to a decrease on its bid dependent upon fluctuations in the latest published Consumer Price Index for All Items Less Food and Energy (CPI-U, US City Average, All items NSA). This index can be found by going to the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index at: price adjustment shall be calculated as follows:The base index shall be the index for three (3) months prior to the month of the start date of the contract. An adjusted index shall be calculated by averaging the 12 seasonally adjusted months, ending three (3) months prior to the anniversary date of the contract. The average adjusted index is then compared with the base index and the resulting percentage of increase or decrease shall be applied to the next contract year, effective on the anniversary date of the contract. The adjusted index shall become the base index for the next subsequent contract adjustment period.In no instance should the CPI adjustment exceed three percent (3%) of the current contractor’s contract rates.The Contractor must submit its request in writing for price adjustment three (3) months prior to the anniversary date of the contract. This request must include CPI statistical backup. The University will verify this request and will or may grant an increase or apply a decrease depending upon the CPI statistical data.If the Contractor fails to submit its request in writing three (3) months prior to the anniversary date of the contract, Contractor will be deemed as waiving its right to any increase in price. The University will not be barred from making the appropriate adjustment in the case of a decrease determined in accordance with the above methodology. Decreases in CPI will always be applied.The University will not accept any fuel surcharges or increases based on fuel.University Rights TC "59. University Rights" \f C \l "2" The State University reserves the right to request clarifications from offerers for purposes of assuring a full understanding of responsiveness and further reserves the right to permit revisions from all offerers determined to be susceptible to being selected for contract award, prior to award.The State University reserves the right to reject separable portions of any offer, to negotiate terms and conditions consistent with the solicitation, and to make an award for any or all remaining portions.The University reserves the right to eliminate mandatory requirements unmet by all offerers. (Please note that a mandatory requirement unmet by all offerers can only be waived if:? (1) doing so is of benefit to the State; (2) doing so does not either advantage or disadvantage any offerers; and (3) potential bidders were not discouraged from submitting proposals because of that mandatory requirement.)Miscellaneous TC "60. Miscellaneous" \f C \l "2" A. Failure of Contractor to familiarize itself with each separate location will not relieve Contractor from responsibilities under the resulting Contract award.B. Security of Contractor’s material and equipment shall be the responsibility of the contractor.The Department of Procurement, Purchasing Section, will be the interpreter of all contract documents.Section 3:BIDDER QUALIFICATIONS TC "Section 3: BIDDER QUALIFICATIONS" \f C \l "1" MANDATORY QUALIFICATIONS: IN ORDER TO BE CONSIDERED UNDER THIS REQUEST FOR PROPOSAL, BIDDER MUST MEET THE FOLLOWING QUALIFICATIONS.THESE QUALIFICATIONS WILL BE EVALUATED WITH A PASS OR FAIL METHODOLOGY.BIDDER MUST “PASS” ALL THE MANDATORY QUALIFICATIONS TO BE CONSIDERED FOR FURTHER PROPOSAL EVALUATION. BIDDERS THAT “FAIL” WILL BE CONSIDERED AS NON-RESPONSIVE AND WILL NOT BE ELIGIBLE FOR FURTHER EVALUATION IN THIS REQUEST FOR PROPOSALMinimum Bidder QualificationsBids will be accepted only from established solutions providers who have an established client base and successful record of implementation with any proposed solution(s), and be fully scalable to successfully monitor additional aspects of our infrastructure over time. a. Bidder must be a company with at least five (5) years’ experience providing this type of service to large organizations with a diverse technology stack. A large organization is defined as having multiple sites, diverse technology stack and revenue that exceeds 10,000,000.00 dollars.b. Provide a list for review of two (2) of these clients that are similar in size and complexity to Stony Brook University. The list will state organization’s name, address, contact name and email/phone number, along with date the relationship was established and services provided. c. Bidder must have fully-staffed 24x7 operation within the United States. All Bidders must complete and submit Attachment 2: Bidder Qualifications Submission Form: Minimum Bidder Qualifications.Bidder References TC "2. Bidder References" \f C \l "2" a. Provide a minimum of three (3) references from other universities, colleges, healthcare or similar-sized organizations. The references should demonstrate the Bidder’s ability with projects similar in scope, size and nature of this RFP. SUNY reserves the right to contact the Bidder’s client references to validate experience and the scope and quality of work. SUNY reserves the right to reject any Bidder who does not demonstrate appropriate capability, sufficient for the scope of this RFP.All Bidders must complete and submit Attachment 2: Bidder Qualifications Submission Form: References. 3. Financial Statementsa.Upon University request, Bidder shall provide certified financial statements as evidence of its ability to meet the services and requirements of Stony Brook University. 4.HECVAT Questionnaire a. For cloud based proposed solution a Bidder should complete and submit HECVAT Questionnaire attachment.Section 4:BID SUBMISSION REQUIREMENTS TC "Section 4: BID SUBMISSION REQUIREMENTS" \f C \l "1" Bid Submission Requirements TC "A. Bid Submission Requirements" \f C \l "2" Prepare a clearly readable proposal that includes all required information. Bidders must submit all information requested by SUNY in written form. Proposals must be complete, accurate, and in the form requested. A quantity of … (…) complete bid package responses in a form of a binder and one digital version (flash drive) must be submitted. A cover letter, not to exceed two (2) pages that introduces the Bidder’s business establishment is needed. Include the complete legal business name, address, corporate address if applicable, telephone number, fax number, web site address. The names of the two (2) individuals must be provided: the primary contact and the backup. The submitted proposal should include a detailed Index of the contents of the proposal. Note: you must identify your responses to the Bid Criteria. (i.e. include tabs for each of the bidders qualifications, technical criteria, and cost). For cost, a Pricing Page is provided, you must use this Pricing Page when submitting your rates. Pricing page cannot be modified.Or A quantity of two (2) complete bid packages responses as set forth in Attachment 1: Bid Submission Checklist in a form of a binder and one digital version (flash drive) must be submitted. In case of discrepancies between paper copies and electronic media submissions, the paper copy shall take precedence over the electronic copy. A cover letter, not to exceed two (2) pages that introduces the Bidder’s business establishment is needed. Include the complete legal business name, address, corporate address if applicable, telephone number, fax number, web site address. The names of the two (2) individuals must be provided: the primary contact and the backup. The submitted proposal should include a detailed Index of the contents of the proposal. Note: you must identify your responses to the Bid Criteria: (i.e. include tabs for each of the bidders’ mandatory specifications, desirable technical specifications, and cost). For cost, a separate Pricing Page is provided and you must use this Pricing Page when submitting your rates. Pricing page cannot be modified. Pricing Page should be included in a separate, sealed enveloped clearly labeled “RFP 18/19---MC Pricing Page”. Do not include it in digital version of the bid package response.Late Bids: For purposes of Bid openings, a Bid must be received at If using U.S. postal service (USPS) or FEDEX to deliver a bid, the envelope must be delivered to:State University of New Yorkat Stony BrookProcurement Department, Bid SectionResearch & Development ParkResearch & Support Services (RSS)Stony Brook, NY 11794-6000Note: It is your responsibility to ensure that your bid is received in the Procurement Department by the date/time of the bid opening. If using UPS service to deliver a bid, the envelope must be delivered to:State University of New Yorkat Stony BrookProcurement Department, Bid Section17 Development Drive, Room 100Stony Brook, NY 11794-6000, on or before [insert date] at [insert time]. A Late Bid is one that is not received at the location, date and time specified in this RFP. Any Bid received at the specified location after the time specified in this RFP will be considered a Late Bid. A Late Bid shall not be considered for award unless: (i) no timely Bids meeting the requirements of this RFP are received, or; (ii) in the case of a multiple award, an insufficient number of timely bids were received to satisfy the multiple award; (iii) and acceptance of the Late Bid is in the best interest of SUNY. Delays in United States mail deliveries or any other means of transmittal, including couriers or agents of SUNY shall not excuse Late Bid submissions. Similar types of delays, including but not limited to, bad weather, or security procedures for parking and building admittance shall not excuse Late Bid submissions. Determinations relative to bid timeliness shall be at the sole discretion of the SUNY Chancellor or her designee.Bidder Questions TC "B. Bidder Questions" \f C \l "2" All questions must be submitted in writing, citing the particular IFB page, section and paragraph number where applicable. All questions must be mailed or e-mail: procurementbids@stonybrook.edu to arrive no later than__________ at 5:00 p.m. (Close of Business) using the form included as Attachment A - Question Submittal Form page ________. Questions received after the closing date for inquiries will not be answered. Answers to all questions, as well as copies of the questions, will be given to all companies who have responded to the IFB request. Only written answers are official.Answers to all questions, as well as copies of the questions, will be given to all companies who have responded to the IFB request and posted on the Procurement Dept. website:. Any cost incurred by the bidder in the preparation of proposal, is the sole responsibility of the bidder and will not be reimbursed by the University.Pre-Bid Proposal Meeting TC "C. Pre-Bid Proposal Meeting" \f C \l "2" THERE WILL BE A ONE TIME MANDATORY BIDDERS CONFERENCE ON (Month, Day, Year and Time (sharp) IN THE PROCUREMENT DEPARTMENT CONFERENCE ROOM, RESEARCH & DEVELOPMENT PARK, RESEARCH & SUPPORT SERVICES (RSS). ONLY THOSE VENDORS WHO ARE IN ATTENDANCE WHEN THE CONFERENCE ROOM DOOR CLOSES WILL BE ELIGBLE TO SUBMIT A PROPOSAL. CAMPUS MAP ENCLOSED.OrTHERE IS NO PRE-BID MEETING. It is important that all potential bidders ask questions for clarifications during the question period. Questions received after the questions closing date will not be answered.Minor Irregularities TC "D. Minor Irregularities" \f C \l "1" Bids that contain minor irregularities, such as those submitted without a proper Bid Security, or in the wrong form, or executed improperly, shall be considered informal. Informal proposals may be considered in selecting a low bidder where the public interest will be promoted thereby.Extraneous Terms TC "E. Extraneous Terms" \f C \l "1" Bids must conform to the terms set forth in this RFP. Extraneous terms or material deviations (including additional, inconsistent, conflicting or alternative terms) may render the Bid non-responsive and may result in rejection of the Bid. Extraneous term(s) submitted on standard, pre-printed forms (including but not limited to: product literature, order forms, license agreements, contracts or other documents) that are attached or referenced with submissions shall not be considered part of the Bid or resulting Contract, but shall be deemed included for informational or promotional purposes only.Only those extraneous terms that meet all the following requirements may be considered as having been submitted as part of the Bid:a.Each proposed extraneous term (addition, deletion, counter-offer, deviation, or modification) must be specifically enumerated in a writing which is not part of a pre-printed form; andb.The writing must identify the particular specification requirement (if any) that Bidder rejects or proposes to modify by inclusion of the extraneous term; andc.The Bidder shall enumerate the proposed addition, counter offer, modification or deviation from the Bid Document, and the reasons therefore.No extraneous term(s), whether or not deemed “material,” shall be incorporated into a Contract or Purchase Order unless submitted in accordance with the above and the Chancellor or her designee expressly accepts each such term(s) in writing. Acceptance and/or processing of the Bid shall not constitute such written acceptance of Extraneous Term(s).Section 5:PROJECT SPECIFICATIONS TC "Section 5: PROJECT SPECIFICATIONS" \f C \l "1" Scope of Services TC "A. Scope of Services" \f C \l "2" Provide detailed information on the project and the services being solicited. Include exactly what IS required for the project, and what is NOT required. Describe any project phases.Technical Specifications TC "B. Technical Specifications" \f C \l "2" Include mandatory and desirable functionality, technical specification/requirements and if applicable, planning implementation, training, support and maintenance and delivery. Mandatory Technical SpecificationsNote: Mandatory requirements are those requirements which must be met by every prospective bidder in order to move forward in being considered for award (ie – scored). Mandatory requirements are meant to narrow the field to those bidders who may actually be qualified to perform the services being requested. Not every RFP will have Mandatory Specifications. You may just have Technical specs that will be scored. Note: Mandatory requirements cannot be scored. This is a pass/fail methodology. You also must be able to establish that the mandatory specifications were met by all bidders that were further scored in the weighted criteria . If the Mandatory Specifications section requires a review of documentation (or review of the response) to determine if the vendor has met the requirements, then this must be performed by a member(s) of the committee. Procurement cannot make this determination. This is the only review (other than references) that can be done collaboratively. All members must agree that the vendor has met or has not met the mandatory requirements. If you are including a table of Mandatory requirements, please provide a full sentence that indicates what you are asking the vendor and how they should respond or document that they can meet the requirement. Please note that Mandatory indicates that it’s required. Weighted Technical Specifications Criteria AWeight: x %Description of what you would like the bidder to demonstrate to show that they can meet whatever functionality requirements you are asking for in Criteria A.B.Criteria BWeight: x %Description of what you would like the bidder to demonstrate to show that they can meet whatever functionality requirements you are asking for in Criteria B.C. Criteria CWeight: x %Description of what you would like the bidder to demonstrate to show that they can meet whatever functionality requirements you are asking for in Criteria C.Method of Award TC "C. Method of Award" \f C \l "2" This RFP is part of a competitive procurement process designed to serve the best interests of the State University of New York and the People of the State of New York. It is also designed to provide all bidders with a fair and even opportunity to have their services considered. SUNY will conduct a comprehensive review of each responsive bid submitted in accordance with the terms of this RFP. Proposals will be evaluated on the basis of “best value” by an evaluation committee comprised of SUNY representatives, and shall be conducted in the following steps:1.Administrative Review TC "1. Administrative Review" \f C \l "3" Each bid received by the due date and time will be screened for completeness of submission in accordance with Section 4, Bid Submission Requirements.2.Review of Bidder Qualifications TC "2. Review of Bidder Qualifications" \f C \l "3" Each bid remaining after the Administrative Review will be advanced to the evaluation committee for determination of whether Bidder has met the requirements of Section 3, Bidder Qualifications.3.Technical Evaluation TC "3. Technical Evaluation" \f C \l "3" Each bid remaining after review of Bidder Qualifications will advance for review and independent evaluation and scoring by the technical review evaluation committee.4.Financial Evaluation TC "4. Financial Evaluation" \f C \l "3" The Financial Proposals of each bid remaining after the Technical Evaluation will be independently evaluated and scored by the designated contract officer. 5.Presentation, Demonstration, Interview TC "5. Presentation, Demonstration, Interview" \f C \l "3" Bidders receiving the three (3) highest combined Technical and Financial scores may be invited to make a presentation to discuss their proposal. If such presentations are to be held, SUNY will notify the Bidders and schedule the time and location. The presentation will provide an opportunity for these bidders to clarify or elaborate on their proposals, but shall in no way change their original proposals. The presentation/demonstration/interview will be evaluated and scored by the Evaluation Committee. All costs associated with the Bidder’s attendance will be borne by the Bidder. 6.Selection TC "6. Selection" \f C \l "3" Proposals will be evaluated on the basis of “best value” by an evaluation committee comprised of SUNY representatives, utilizing an evaluation methodology that considers the following factors:Evaluation CriteriaPointsAMinimum Bidder QualificationsP/FBMandatory Technical SpecificationsP/FCTechnical Specifications: 1Criteria A% 2Criteria B% 3Criteria C% 4Criteria D% 5And so on% 6End.%Weighted Technical Specifications Total (Total Technical Proposal)(no more than 70%)APricingTotal Pricing/Cost (Financial Proposal)(no less than 30%)Total for Technical and Cost100%The technical criteria above will be evaluated and scored by the University on a scale of 1-5, with 5 being the highest and 1 being the lowest, using the following proportion tool:Scale Key1 = 20%2 = 40%3 = 60%4 = 80%5 = 100%The University will add the results from “Cost” plus the results from “Technical” together to come up with the “Composite” score for each bidder. The Bidder earning the highest final composite score will be selected to contract with SUNY and will be notified by SUNY. Section 6:PRICING PAGE TC "Section 6: PRICING PAGE" \f C \l "1" Bidder must provide the total costs of ownership for the completed solution as proposed including all necessary services and elements. The total cost of ownership is defined as the entire solution pricing along with all services and necessary customizations. Based upon an informed reading of the RFP and Bidder's expertise, Bidder is to provide their cost structure for 5-year term and detail all costs SUNY Stony Brook will incur. The system as priced must achieve the required functionality as per specifications listed in this RFP. Items not identified in the proposed solution pricing (including third party items required) will be considered part of the final solution and be considered free add-ons to the existing solution at the price included in this RFP response.Bidder MUST list all applicable prices using the format presented in the attached pricing spreadsheet. If any item listed is not applicable, "NA" should be checked. For items at no charge, "$0" should be included. All prices quoted are firm for the length of the contract.Prices quotes in a manner other than Pricing Page will be considered as non-responsive and the proposal will be disqualified. Bidder is not to change pricing page schedule and must provide pricing using “Pricing Page” to be considered responsive. All travel and per diem expenses are responsibility of awarded Contractor and the University will not reimburse separately for these charges.PLEASE NOTE – PROCUREMENT HAS INCLUDED DIFFERENT PRICING PAGES (AS EXAMPLES) UNDER EXCEL PRICING SPREADSHEETS. YOU MUST TAILOR THEM TO YOUR SPECIFIC PROCUREMENT. Section 7: PERFORMANCE STANDARDS TC "Section 7: PERFORMANCE STANDARDS" \f C \l "1" Performance EvaluationThis contract is subject to performance evaluations required throughout the term of the agreement. An example of the performance evaluation tool is shown below.Performance evaluations shall be used to assess and evaluate the Contractor’s performance in accordance with the terms and conditions of the Contractor’s award. Performance concerns, if any, shall be addressed by the University and evaluation results may be considered in determining Contractor responsibility and continuation of Contractor’s award or consideration for future awards. P=Poor (1) Contractor does not meet task requirements. Contractor is unable to solve problems and seeks University assistance for problem resolution.?F=Fair (2) Contractor meets standards in performing required tasks. Contractor is able to solve basic problems. Contractor only seeks University assistance on complex unusual problems Contractor shows initiative in problem resolution.?G=Good (3) Contractor exceeds some standards in performing required tasks. Contractor resolves problems with only minimal University supervision and assistance. Contractor does not wait to be told about problems before resolving. ?E=Excellent (4) Contractor exceeds most standards in performing required tasks and work is highly professional. Contractor is pro-active and takes an aggressive approach in identifying problems and their resolution.?PerformancePoorFairGoodExcellentCommentsConformance to Service Requirements of Contract?????Timeliness of Service?????Cost/Price ControlAccuracy and Promptness of BillingCustomer Service and Support?????Timely Complaint Resolution?????Professionalism of Staff?????Services Meet Customer Needs?????Overall Contractor Performance?????STANDARD OF PERFORMANCE. The successful proposer (“The Company”) shall perform according to the terms and conditions as stated herein, and according to the highest standards and commercial practices for above mention services. Instances of poor performance by the Company will be documented and submitted to the Company for immediate review and corrective action. Failure to cure and continued poor performance may be deemed a breach of the specifications of the RFP, and may be grounds for immediate termination of the contract. A review meeting will be called between the Company and the University when documented instances of poor performance occur. A plan for corrective action agreeable to both parties will be drafted and implemented. The University retains the absolute right to assess whether and when performance is subsequently acceptable. Section 8: PRICING SUMMARY TC "Section 8: PRICING SUMMARY" \f C \l "1" FORMS: ALL BIDDERS are required to complete and sign FORMS B & C of the attached Exhibit L (NYS Lobbying Law certifications). Failure to cooperate with the requirements of this law and/or failure to disclose accurate and complete information in a timely manner will disqualify a Bidder from receiving an award from this PANY NAME _____________________________________________________________________FEDERAL ID# _________________________________________________________________________AUTHORIZED SIGNATURE _____________________________________________________________TO BE CONSIDERED FOR AWARD, VENDOR MUST BID ON THIS DOCUMENT AS SPECIFIED. PREVIOUS QUOTATIONS TO DEPARTMENTS OR TO THE PURCHASING DEPARTMENT WILL NOT BE CONSIDERED.IT IS THE POLICY OF THE STATE UNIVERSITY OF NEW YORK TO TAKE AFFIRMATIVE ACTION TO ENSURE THAT MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES ARE GIVEN THE OPPORTUNITY TO DEMONSTRATE THEIR ABILITY TO PROVIDE THE UNIVERSITY WITH GOODS AND SERVICES AT COMPETITIVE PRICES.STATE UNIVERSITY OF NEW YORK AT STONY BROOK IS AN AFFIRMATIVE ACTION/EQUAL OPPORTUNITY EDUCATOR AND EMPLOYER.NOTE: A copy of bidder’s Standard Terms and Conditions will not be considered relevant to his/her bid and should not be included with this bid.Section 9: ATTACHMENT A/QUESTION SUBMITTAL FORM TC "Section 9: ATTACHMENT A/QUESTION SUBMITTAL FORM" \f C \l "1" ATTACHMENT AE-MAIL: procurementbids@stonybrook.eduQUESTION SUBMITTAL FORM18/19-000MCCOMPANY/BIDDER:DATE:IFB (RFP) PAGE:IFB (RFP) SECTION:IFB (RFP) PARAGRAPH:QUESTION:DATE:RESPONSE:RESPONSE PREPARED BY:SIGNATURE: ________________________EO 177 Certification TC "Executive Order 177 Certification" \f C \l "1" SUNY AT STONY BROOKRFP 18/19-000MCThe New York State Human Rights Law, Article 15 of the Executive Law, prohibits discrimination and harassment based on age, race, creed, color, national origin, sex, pregnancy or pregnancy-related conditions, sexual orientation, gender identity, disability, marital status, familial status, domestic violence victim status, prior arrest or conviction record, military status or predisposing genetic characteristics.The Human Rights Law may also require reasonable accommodation for persons with disabilities and pregnancy-related conditions. A reasonable accommodation is an adjustment to a job or work environment that enables a person with a disability to perform the essential functions of a job in a reasonable manner. The Human Rights Law may also require reasonable accommodation in employment on the basis of Sabbath observance or religious practices.Generally, the Human Rights Law applies to:?all employers of four or more people, employment agencies, labor organizations and apprenticeship training programs in all instances of discrimination or harassment; ?employers with fewer than four employees in all cases involving sexual harassment; and, ?any employer of domestic workers in cases involving sexual harassment or harassment based on gender, race, religion or national origin.In accordance with Executive Order No. 177, the Bidder hereby certifies that it does not have institutional policies or practices that fail to address the harassment and discrimination of individuals on the basis of their age, race, creed, color, national origin, sex, sexual orientation, gender identity, disability, marital status, military status, or other protected status under the Human Rights Law 3.Executive Order No. 177 and this certification do not affect institutional policies or practices that are protected by existing law, including but not limited to the First Amendment of the United States Constitution, Article 1, Section 3 of the New York State Constitution, and Section 296(11) of the New York State Human Rights Law. Contractor: Signature: Printed Name: Title: Date: The Certification is to be submitted prior to contract award by all successful bidders on all Covered contracts and contract renewals.EO 177 Guidance: Guidance documents are published on the websites of the New York State Department of Labor (DOL) and the New York State Division of Human Rights (DHR). The topics to be addressed include, but are not limited to, issues relating to pregnancy, familial status, pay equity and sexual harassment. Available at: PERIOD: In accordance with the requirements of New York State Finance Law Sections 139j and 139k (“Lobbying Law”), the RESTRICTED PERIOD for this procurement is now in effect. Therefore, all communications regarding this procurement must be handled through Stony Brook University’s “Designated Contacts” ONLY. See Exhibit L for additional information. N.Y. State Finance Law §139-l. TC "N.Y. State Finance Law §139-l Certification" \f C \l "1" - Pursuant to N.Y. State Finance Law §139-l, every bid made on or after January 1, 2019 to the State of any public department or agency thereof, where competitive bidding is required by statute, rule or regulation, for work or services performed or to be performed or goods sold or to be sold, and where otherwise required by such public department or agency, shall contain a certification that the bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of N.Y. State Labor Law §201-g.N.Y. State Labor Law §201-g provides requirements for such policy and training and directs the Department of Labor, in consultation with the Division of Human Rights, to create and publish a model sexual harassment prevention guidance document, sexual harassment prevent policy and sexual harassment training program that employers may utilize to meet the requirements of N.Y. State Labor Law §201-g. The model sexual harassment prevention policy, model sexual harassment training materials, and further guidance for employers, can be found online at the following URL: . Pursuant to N.Y. State Finance Law §139-l, any bid by a corporate bidder containing the certification required above shall be deemed to have been authorized by the board of directors of such bidder, and such authorization shall be deemed to include the signing and submission of such bid and the inclusion therein of such statement as the act and deed of the bidder. If the bidder cannot make the required certification, such bidder shall so state and shall furnish with the bid a signed statement that sets forth in detail the reasons that the bidder cannot make the certification. After review and consideration of such statement, SUNY may reject the bid or may decide that there are sufficient reasons to accept the bid without such certification.By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that the bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of section two hundred one-g of the labor law. BIDDER CERTIFICATIONBidder Name: By: BIDDERDate: If the bidder cannot make the foregoing certification, such bidder shall so state and shall furnish with the bid a signed statement that sets forth in detail the reasons that the bidder cannot make the certification.BIDDER CERTIFICATION“In addition to the bid response and exhibits, I certify that all information provided to the Agency with respect to State Finance Law §139j, 139k and 139lis complete, true and accurate.”Bidder Name: By:BIDDERDate: State University of New YorkNotary Acknowledgement TC "Notary Acknowledgement" \f C \l "1" (ACKNOWLEDGEMENT BY INDIVIDUAL)STATE OF NEW YORK )COUNTY OF) ss.:On this day of , 20 , before me personally came , to me known and known to me to be the person described in and who executed the foregoing instrument and he/she acknowledged to me that he/she executed the same.Notary Public(ACKNOWLEDGEMENT BY UNINCORPORATED ASSOCIATION)STATE OF NEW YORK )COUNTY OF) ss.:On this __________ day of ____________________, 20___, before me personally came_______________________________________________________, to me known and known to me to be the person who executed the above instrument, who, being duly sworn by me, did for himself/herself depose and say that he/she is a member of the firm of _________________________________________________ and that he/she executed the foregoing instrument in the firm name of _________________________________________ and that he/she had authority to sign same, and he/she did duly acknowledge to me that he/she executed the same as the act and deed of said firm of _______________________________________________ for the uses and purposes mentioned therein.Notary Public(ACKNOWLEDGEMENT BY CORPORATION)STATE OF NEW YORK )COUNTY OF) ss.:On this ___ day of ________________, 20__, before me personally came ______________________________, to me known, who being duly sworn, did depose and say that he/she resides in ________________________________; that he/she is the ____________________________ (title) of __________________________________________(firm), the corporation described in and which executed the foregoing instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he/she signed his/her name thereto by like order.Notary PublicTHIS PAGE MUST BE SIGNED IN THE ORIGINAL AND MUST ACCOMPANY EACH COPY OF YOUR BID.Attachment 1: Bid Submission Checklist TC "Attachment 1: Bid Submission Checklist" \f C \l "1" Description RFP (page 1) Summary Information Form Notary Acknowledgement Form Attachment 1: Bid Submission Checklist Responses To Technical Criteria Completed Pricing Page Vendor Responsibility: File either the required Vendor Responsibility Questionnaire online via the New York State VendRep System or complete and submit a paper questionnaire. Select one: 82550-2286000 Completed online questionnaire Paper copy of questionnaire included in Bid. Exhibit A (Standard Contract Clauses) Exhibit A-1 (Affirmative Action Clauses) Exhibit D (Non-Collusive Bidding Certification)Exhibit L (Procurement Lobbying Law) Exhibit T (ST 220 Tax Certification)Exhibit M (MWBE Forms)Exhibit N (NYS Subcontractors)Exhibit SDVOB (Service-Disabled Veteran-Owned Business)Executive Order 177 CertificationN.Y. State Finance Law §139-l CertificationAttachment 2: Bidder Qualifications Submission Form TC "Attachment 2: Bidder Qualifications Submission Form" \f C \l "1" Minimum Bidder Qualifications:Minimum Qualification DescriptionBidder Response1.2.References:ReferencesCompany Name:Address:Contact Name, email address, Phone #Length of time as your customerEstimated Total Annual Sales1.2.3Contract TerminationsCompany Name:Address:Contact Name, email address, Phone #Date of Contract TerminationReason for Contract TerminationAttachment 3: Diversity Practices Questionnaire TC "Attachment 3: Diversity Practices Questionnaire" \f C \l "1" I, ___________________, as __________________ (title) of _______________firm or company (hereafter referred to as the company), swear and/or affirm under penalty of perjury that the answers submitted to the following questions are complete and accurate to the best of my knowledge:Does your company have a Chief Diversity Officer or other individual who is tasked with supplier diversity initiatives? Circle one: Yes / No If Yes, provide the name, title, description of duties, and evidence of initiatives performed by this individual or individuals. What percentage of your company’s gross revenues (from your prior fiscal year) was paid to New York State certified minority and/or women-owned business enterprises as subcontractors, suppliers, joint-venturers, partners or other similar arrangement for the provision of goods or services to your company’s clients or customers? __________% What percentage of your company’s overhead (i.e. those expenditures that are not directly related to the provision of goods or services to your company’s clients or customers) or non-contract-related expenses (from your prior fiscal year) was paid to New York State certified minority- and women-owned business enterprises as suppliers/contractors? __________%Does your company provide technical training to minority- and women-owned business enterprises? Circle one: Yes / No If Yes, provide a description of such training which should include, but not be limited to, the date the program was initiated, the names and the number of minority- and women-owned business enterprises participating in such training, the number of years such training has been offered and the number of hours per year for which such training occurs.Is your company participating in a government approved minority- and women-owned business enterprise mentor-protégé program? Circle one: Yes / No If Yes, identify the governmental mentoring program in which your company participates and provide evidence demonstrating the extent of your company’s commitment to the governmental mentoring program. Does your company include specific quantitative goals for the utilization of minority- and women-owned business enterprises in its non-government procurements? Circle one: Yes / No If Yes, provide a description of such non-government procurements (including time period, goal, scope and dollar amount) and indicate the percentage of the goals that were attained.Does your company have a formal minority- and women-owned business enterprise supplier diversity program? Circle one: Yes / No If Yes, provide documentation of program activities and a copy of policy or program materials.Does your company plan to enter into partnering or subcontracting agreements with New York State certified minority- and women-owned business enterprises if selected as the successful respondent? Circle one: Yes / No If Yes, complete the MWBE Utilization Plan, Form No. 7557-107.All information provided in connection with the questionnaire is subject to audit and any fraudulent statements are subject to criminal prosecution and debarment.Signature of Owner/OfficialPrinted Name of SignatoryTitleName of BusinessAddressCity, State, ZipAttachment 4: Service Level Agreement TC "Attachment 4: Service Level Agreement" \f C \l "1" This Service Level Agreement ("SLA") sets forth the service level and performance objectives of the Firm/Vendor/Vendor in providing hosting services (the "Services") to SUNY. The Firm/Vendor/Vendor will use commercially reasonable efforts to meet the following service level and performance objectives to support the operation of the facilities, server(s), computer equipment, operating software and connectivity used to provide the Services to SUNY.1.Uptime Commitment.The Firm/Vendor/Vendor will use commercially reasonable efforts to ensure the Firm/Vendor/Vendor's Systems are available 99.9% of the time (the "Uptime Commitment"). All Uptime Commitment will be measured within the Firm/Vendor/Vendor’s System on a monthly basis calculated to include twenty-four (24) hours per day over each month, but excluding from the numerator and denominator in the calculation the duration in time of any temporary shutdowns due to scheduled maintenance (which will not exceed in the aggregate sixteen (16) hours per month), telecommunications or power disruptions caused by third parties, and any other causes beyond Firm/Vendor/Vendor's reasonable control. The Firm/Vendor/Vendor agrees to notify the Group promptly of any factor, occurrence, or event coming to its attention that may affect the Firm/Vendor/Vendor’s ability to meet the Uptime Commitment, or that is likely to cause any material interruption in the Services.2.Exclusive Remedy.The Firm/Vendor/Vendor will use commercially reasonable efforts to correct any material problems in the Services, including any failure to satisfy the Uptime Commitment. In the event that the Firm/Vendor/Vendor fails to satisfy the Uptime Commitment for a given month, the Group’s sole and exclusive remedy will be to receive a service credit equal to the following percentage of the monthly fees for the Services for the stated uptime:97% to 99.9%15%94% to 96.9%25%92% to 93.9%50%90% to 91.975%Below 90%100%In no event will the service credit exceed the monthly fees paid by SUNY for the Services. SUNY acknowledges and agrees that if the remedies set forth in this section are applied, any failure of the Firm/Vendor/Vendor to meet the requirements in this SLA will not constitute a breach of the Agreement.3.Monitoring. Firm/Vendor/Vendor will monitor and maintain Firm/Vendor/Vendor's Systems in working order each day (24 x 7). Firm/Vendor/Vendor will proactively manage and monitor all application server hardware devices and software to ensure optimal performance and reliability as well as to detect abnormal events or exceeded utilization or performance thresholds. Firm/Vendor/Vendor will proactively monitor the status of the operating systems (e.g., CPU, disk I/O, memory, processes, etc.), critical application layer daemons and processes and trigger appropriate event notification alarms caused by errors, exceeded thresholds, etc. 3.1Maintenance. Firm/Vendor/Vendor will operate, monitor and administer all servers, applications and networks supporting the Services. In order to provide such coverage, Firm/Vendor/Vendor may utilize a mixture of on-site and on-call support staff, automated server monitoring and automated paging technology. Contactor’s on-site coverage is during Firm/Vendor/Vendor’s normal business hours, Monday through Friday, excluding holidays recognized by Firm/Vendor/Vendor. 3.2Scheduled Outages. Maintenance outages, if necessary, will be conducted at a time and in a manner to minimize adverse impacts on the Services. Maintenance outages will include, but are not limited to the installation of upgrades, service packs and routine server or application configuration changes. Other maintenance outages may be necessary from time to time.3.3Change Control. Firm/Vendor/Vendor will install new equipment, software, releases, upgrades, fixes, patches and other items necessary to maintain Firm/Vendor/Vendor's Systems to industry standards. Firm/Vendor/Vendor will proactively gather information from appropriate server, peripheral, operating system or database vendors regarding upgrades, defect patches or fixes.3.4Notice. Firm/Vendor/Vendor will use commercially reasonable efforts to give the Group three (3) days notice prior to all non-routine management, maintenance, change control or other actions by Firm/Vendor/Vendor that may material impact the Service adversely. ................
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