general terms and conditions


[PDF]general terms and conditions - Rackcdn.com10ba4283a7fbcc3461c6-31fb5188b09660555a4c2fcc1bea63d9.r13.cf1.rackcdn.com...

0 downloads 184 Views 426KB Size

GENERAL TERMS AND CONDITIONS SUNY at Stony Brook PROPOSAL 13/14-167MC Provide all labor, material, equipment and services necessary to maintain and service fire extinguishers, as herein described delivered NET FOB Destination in accordance with SUNY at Stony Brook 13/14-167MC and Exhibits A (Standard Contract Clauses), A-1 (Affirmative Action Clauses), and A-1 Pre-port Award Documentation (AA/EEO), Exhibit N (Subcontracting Form), Exhibit L (Procurement Lobbying Law), Exhibit V (Vendor Responsibility), and Exhibit T (ST-220) attached hereto and made part of this proposal. This is needed to begin on or about May 1, 2014. Guaranteed delivery/commencement date may be given prime consideration. 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". It shall be the responsibility of the bidder to see that their bid is properly received by the date and time and at the place specified. Bids may be hand-carried to the Purchasing Department to ensure timely delivery. Bidder may attend bid opening. Late bids will be returned to the bidder. RESTRICTED 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. Please see Page 2 of the General Terms and Conditions for the DESIGNATED CONTACT. Acceptance of Bid Content: The contents of the Bid and the Bidder’s response to this Bid shall become contractual obligations if a contract ensues. Failure of the Bidder to accept these obligations may result in the rejection of the Bidder’s response. Any additional vendor terms which are attached or referenced with a submission shall not be considered part of the bid or proposal, but shall be deemed included for informational purposes only. Facsimile bids submitted at the sole option and risk of the bidder and fully governed by all conditions outlined in the bid documents may be considered at the discretion of the University. Access to the facsimile machine is on a “first come, first serve” basis, and the State bears no liability or responsibility and makes no guarantee whatsoever with respect to the bidder’s access to the equipment at any specific time. Such bids must be submitted on the forms provided, and must outline, in sufficient detail, the commodity offered including, where applicable, such specifics as its make and model number, and shall provide other information required by the bid documents. Confirmation of the facsimile bid must also be provided on the bid forms, and should be received in this office within 72 hours following the bid opening. Facsimile bids should be transmitted using the Fax number shown below: FAX #: 631-632-6462

1

GENERAL TERMS AND CONDITIONS PROPOSAL 13/14-167MC Facsimile responses should be transmitted using the Fax number 631-632-6462 If using U.S. postal service (USPS) or FEDEX to deliver a bid, the envelope must be delivered to: State University of New York at Stony Brook Procurement Department, Bid Section Research & Development Park Research & Support Services (RSS) Stony Brook, NY 11794-6000 Note: It is your responsibility to ensure that your bid is received in the Procurement Department by the date/time of the bid opening. Therefore, if using postal service for delivery it is advisable to also fax your bid to 631-632-6462. If using UPS service to deliver a bid, the envelope must be delivered to: State University of New York at Stony Brook Procurement Department, Bid Section 17 Flowerfield, Building 17 St. James, NY 11780 prior to the bid opening, and must be clearly marked: “SEALED BID - STONY BROOK PROPOSAL 13/14-167MC”. It shall be the responsibility of the bidder to bring any discrepancies in specifications to the attention of the University. THERE WILL NOT BE A BIDDERS CONFERENCE. IF A BIDDER HAS AN EXCEPTION TO AN ITEM IN THE SPECIFICATION IT MUST BE ADDRESSED IN WRITING DURING THE QUESTION PERIOD. PLEASE SEE THE DATE FOR THE QUESTION PERIOD BELOW. THE UNIVERSITY WILL ADDRESS ANY CONCERNS AFTER THE QUESTION PERIOD ENDS. AFTER THE QUESTION PERIOD ENDS, THE QUESTIONS, ANSWERS AND ANY AMENDMENTS WILL BE POSTED ON OUR WEB SITE. For inquiries contact: STATE UNIVERSITY OF NEW YORK AT STONY BROOK STONY BROOK, NY 11794-6000 DESIGNATED CONTACT: John Mastromarino, Contracts Officer Purchasing Department [email protected] OR Department of Procurement Bid Section 631-632-9060 All questions must be submitted in writing, citing the particular IFB page, section and paragraph number where applicable. All questions must be mailed or faxed to arrive no later than March 14, 2014 (COB) using the form included as Attachment A. 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. 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.

2

GENERAL TERMS AND CONDITIONS PROPOSAL 13/14-167MC Affirmative Action / Article 15-A of the Executive Law and 5 NYCRR parts 140-144 Standard Clauses for All State University of New York (SUNY) Contracts: It is the policy of New York State and SUNY to provide meaningful participation of minority-owned business enterprises (MBEs) and woman-owned business enterprises (WBE's) in all contracts associated with this RFP/IFB, and to provide equal employment opportunities (EEO) for minorities and females in the work force of all State and Federally assisted and/or funded projects and/or contracts. This policy requires the State University to implement an affirmative action program and to develop project specific MBE/WBE and EEO program goals in the performance of any work. MBEs and WBEs will be afforded a full opportunity to submit qualifications in response to this RFP/IFB and will not be discriminated against on the basis of race, color, sex, or national origin. For purposes of this procurement, SUNY hereby establishes a University-wide goal of 0% for Minority and Women-Owned Business Enterprises (“MWBE”) participation, 0% for Minority-Owned Business Enterprises (“MBE”) participation and 0% for Women-Owned Business Enterprises (“WBE”) participation (based on the current availability of qualified MBEs and WBEs), 10% Minority and 10% Women for work force participation (EEO). Monthly/Quarterly reporting as stipulated in Exhibit A-1 PrePort for both Prime and subcontractor spend are a requirement of the contract and shall be submitted per the dates indicated in the Report of Contract Purchases clause. Participation by Minority Group Members and Women With Respect to State Contracts: Requirements and Procedures: I. General Provisions A. The State University of New York is required to implement the provisions of New York State Executive Law Article 15-A and 5 NYCRR Parts 142-144 (“MWBE Regulations”) for all State contracts as defined therein, with a value (1) in excess of $25,000 for labor, services, equipment, materials, or any combination of the foregoing or (2) in excess of $100,000 for real property renovations and construction. B. The Contractor to the subject contract (the “Contractor” and the “Contract,” respectively) agrees, in addition to any other nondiscrimination provision of the Contract and at no additional cost to the State University of New York (“SUNY”), to fully comply and cooperate with SUNY in the implementation of New York State Executive Law Article 15-A. These requirements include equal employment opportunities for minority group members and women (“EEO”) and contracting opportunities for certified minority and women-owned business enterprises (“MWBEs”). Contractor’s demonstration of “good faith efforts” pursuant to 5 NYCRR §142.8 shall be a part of these requirements. These provisions shall be deemed supplementary to, and not in lieu of, the nondiscrimination provisions required by New York State Executive Law Article 15 (the “Human Rights Law”) or other applicable federal, state or local laws. II. Contract Goals A. For purposes of providing meaningful participation by MWBEs on the Contract and achieving the Contract Goals established in Section II-A hereof, Contractor should reference the directory of New York State Certified MBWEs found at the following internet address: http://www.esd.ny.gov/MWBE/directorySearch.html. Additionally, Contractor is encouraged to contact the Division of Minority and Woman Business Development ((518) 292-5250; (212) 803-2414; or (716) 846-8200) to discuss additional methods of maximizing participation by MWBEs on the Contract. B. Where MWBE goals have been established herein, pursuant to 5 NYCRR §142.8, Contractor must document “good faith efforts” to provide meaningful participation by MWBEs as subcontractors or suppliers in the performance of the Contract. In accordance with Section 316a of Article 15-A and 5 NYCRR §142.13, the Contractor acknowledges that if Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract, such a finding constitutes a breach of contract and the Contractor shall be liable to SUNY for liquidated or other appropriate damages, as set forth herein.

3

GENERAL TERMS AND CONDITIONS PROPOSAL 13/14-167MC III. Equal Employment Opportunity (EEO) A. Contractor agrees to be bound by the provisions of Article 15-A and the MWBE Regulations promulgated by the Division of Minority and Women's Business Development of the Department of Economic Development (the “Division”). If any of these terms or provisions conflict with applicable law or regulations, such laws and regulations shall supersede these requirements. B. Contractor shall comply with the following provisions of Article 15-A: 1.

Contractor and Subcontractors shall undertake or continue existing EEO 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, EEO shall apply in the areas of recruitment, employment, job assignment, promotion, grading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation.

2.

The Contractor shall submit an EEO policy statement to the SUNY within seventy two (72) hours after the date of the notice by SUNY to award the Contract to the Contractor.

3.

If Contractor or Subcontractor does not have an existing EEO policy statement, SUNY has provided the Contractor or Subcontractor a model statement (see Form 104) – Minority and Women-Owned Business Enterprises Equal Employment Opportunity Policy Statement).

4.

The Contractor’s EEO policy statement shall include the following language: a.

The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, age, disability or marital status, will undertake or continue existing EEO programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force.

b.

The Contractor shall state in all solicitations or advertisements for employees that, in the performance of the contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status.

c.

The Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union, or representative will not discriminate on the basis of race, creed, color, national origin, sex age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor's obligations herein.

d.

The Contractor will include the provisions of Subdivisions (a) through (c) of this Subsection 4 and Paragraph “E” of this Section III, which provides for relevant provisions of the Human Rights Law, in every subcontract in such a manner that the requirements of the subdivisions will be binding upon each subcontractor as to work in connection with the Contract.

C. Form 108 - Staffing Plan To ensure compliance with this Section, the Contractor shall submit a staffing plan to document the composition of the proposed workforce to be utilized in the performance of the Contract by the specified categories listed, including ethnic background, gender, and Federal occupational categories. Contractors shall complete the Staffing plan form and submit it as part of their bid or proposal or within a reasonable time, but no later than the time of award of the contract.

4

GENERAL TERMS AND CONDITIONS PROPOSAL 13/14-167MC D. Form 112 - Workforce Employment Utilization Report (“Workforce Report”) 1.

Once a contract has been awarded and during the term of Contract, Contractor is responsible for updating and providing notice to SUNY of any changes to the previously submitted Staffing Plan. This information is to be submitted on a quarterly basis during the term of the contract to report the actual workforce utilized in the performance of the contract by the specified categories listed including ethnic background, gender, and Federal occupational categories. The Workforce Report must be submitted to report this information.

2.

Separate forms shall be completed by Contractor and any subcontractor performing work on the Contract.

3.

In limited instances, Contractor may not be able to separate out the workforce utilized in the performance of the Contract from Contractor's and /or subcontractor’s total workforce. When a separation can be made, Contractor shall submit the Workforce Report and indicate that the information provided related to the actual workforce utilized on the Contract. When the workforce to be utilized on the contract cannot be separated out from Contractor's and /or subcontractor's total workforce, Contractor shall submit the Workforce Report and indicate that the information provided is Contractor's total workforce during the subject time frame, not limited to work specifically under the contract.

E. Contractor shall comply with the provisions of the Human Rights Law, all other State and Federal statutory and constitutional non-discrimination provisions. Contractor and subcontractors shall 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 nondiscrimination on the basis of prior criminal conviction and prior arrest. IV. MWBE Utilization Plan A. The Contractor represents and warrants that Contractor has submitted a MWBE Utilization Plan prior to the execution of the contract. B. MWBE Utilization Plan (Form MWBE 107). 1.

Contractors are required to submit a Utilization Plan on Form 107 with their proposal. Complete the following steps to prepare the Utilization Plan:

bid

or

a.

List NYS Certified minority- and women-owned business enterprises which the Contractor intends to use to perform the State contract;

b.

Insert a description of the contract scope of work which the Contractor intends to structure to increase the participation by NYS Certified minority- and women-owned enterprises on the State contract;

c.

Insert the estimated or, if known, actual dollar amounts to be paid to and performance dates of each component of a State contract which the Contractor intends to be performed by a NYS Certified minority- or women-owned business; and

d.

Any modifications or changes to the agreed participation by NYS Certified MWBEs after the Contract Award and during the term of the contract must be reported on a revised MWBE Utilization Plan and submitted to the Designated Contract Officer.

5

GENERAL TERMS AND CONDITIONS PROPOSAL 13/14-167MC 2.

3.

4.

The Designated Contract Officer will review the MWBE Utilization Plan and will issue the Contractor a written notice of acceptance or deficiency within twenty (20) day of its receipt. A notice of deficiency shall include the: a.

List NYS Certified minority- and women-owned business enterprises which the Contractor intends to use to perform the State contract;

b.

Name of any MWBE which is not acceptable for the purpose of complying with the MWBE participation goals;

c.

Reasons why it is not an acceptable element of the Contract scope of work which the Designated Contract Officer has determined can be reasonably structured by the Contractor to increase the likelihood of participation in the Contract by MWBEs; and

d.

Other information which the Designated Contract Officer determines to be relevant to the MWBE Utilization Plan.

The Contractor shall respond to the notice of deficiency within seven (7) business days of receipt by submitting to the Designated Contract Officer a written remedy in response to the notice of deficiency. a.

If the written remedy that is submitted is not timely or is found to be inadequate, the Designated Contract Officer shall notify the Contractor and direct the Contractor to submit, within five (5) business days, a request for partial or total waiver of MWBE participation goals on forms provided by the Designated Contract Officer.

b.

Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal.

The Designated Contract Officer may disqualify a Contractor as being non-responsive under the following circumstances: a.

If a Contractor fails to submit a MWBE Utilization Plan;

b.

If a Contractor fails to submit a written remedy to a notice of deficiency in a MWBE Utilization Plan;

c.

If a Contractor fails to submit a request for waiver; or

d.

If the MWBE Program Management Unit determines that the Contractor has failed to document Good Faith Efforts.

C. Contractor agrees to use such MWBE Utilization Plan for the performance of MWBEs on the Contract pursuant to the prescribed MWBE goals set forth in Section III-A of this Appendix. D. Contractor further agrees that a failure to submit and/or use such MWBE Utilization Plan shall constitute a material breach of the terms of the Contract. Upon the occurrence of such a material breach, SUNY shall be entitled to any remedy provided herein, including but not limited to, a finding of Contractor non-responsiveness.

6

GENERAL TERMS AND CONDITIONS PROPOSAL 13/14-167MC V. Waivers A. For Waiver Requests Contractor should use Form 114 – Waiver Request. B. If the Contractor, after making good faith efforts, is unable to comply with MWBE goals, the Contractor may submit a Request for Waiver form documenting good faith efforts by the Contractor to meet such goals. If the documentation included with the waiver request is complete the Designated Contract Officer shall evaluate the request and issue a written notice of acceptance or denial within twenty (20) days of receipt. C. If the Designated Contract Officer, upon review of the MWBE Utilization Plan and updated Quarterly MWBE Contractor Compliance Reports determines that Contractor is failing or refusing to comply with the Contract goals and no waiver has been issued in regards to such non-compliance, the Designated Contract Officer may issue a notice of deficiency to the Contractor. The contractor must respond to the notice of deficiency within seven (7) business days of receipt. Such response may include a request for partial or total waiver of MWBE Contract Goals. VI. Liquidated Damages - MWBE Participation A. Where the Designated Contract Officer determines that Contractor is not in compliance with the requirements of the Contract and Contractor refuses to comply with such requirements, or if Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals, Contractor shall be obligated to pay to SUNY liquidated damages. B. Such liquidated damages shall be calculated as an amount equaling the difference between: 1.

All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and

2.

All sums actually paid to MWBEs for work performed or materials supplied under the Contract.

C. In the event a determination has been made which requires the payment of liquidated damages and such identified sums have not been withheld by the SUNY campus, Contractor shall pay such liquidated damages to the SUNY within sixty (60) days after they are assessed by the SUNY campus unless prior to the expiration of such sixtieth day, the Contractor has filed a complaint with the Director of the Division of Minority and Woman Business Development pursuant to Subdivision 8 of Section 313 of the Executive Law in which event the liquidated damages shall be payable if Director renders a decision in favor of the SUNY. Date/Time Warranty Contractor warrants that Product(s) furnished pursuant to this Contract shall, when used in accordance with the Product documentation, be able to accurately process date/time data (including, but not limited to, calculating, comparing, and sequencing) transitions, including leap year calculations. Where a Contractor proposes or an acquisition requires that specific Products must perform as a package or system, this warranty shall apply to the Products as a system. Where Contractor is providing ongoing services, including but not limited to: i) consulting, integration, code or data conversion, ii) maintenance or support services, iii) data entry or processing, or iv) contract administration services (e.g., billing, invoicing, claim processing), Contractor warrants that services shall be provided in an accurate and timely manner without interruption, failure or error due to the inaccuracy of Contractor’s business operations in processing date/time data (including, but not limited to, calculating, comparing, and sequencing) various date/time transitions, including leap year calculations. Contractor shall be responsible for damages resulting from any delays, errors or untimely performance resulting therefrom, including but not limited to the failure or untimely performance of such services.

7

GENERAL TERMS AND CONDITIONS PROPOSAL 13/14-167MC

This Date/Time Warranty shall survive beyond termination or expiration of this contract through: a) ninety (90) days or b) the Contractor’s or Product manufacturer/developer’s stated date/time warranty term, whichever is longer. Nothing in this warranty statement shall be construed to limit any rights or remedies otherwise available under this Contract for breach of warranty. Recycle Clause: In accordance with the provisions of Section 177 of the State Finance Law, the State University is required to purchase recycled products, if available, made with significant recycled content in accordance with standards established by the State Department of Environmental Conservation. The law provides that if the price of a recycled product is within 10% of the price of a comparable product made without significant recycled content, or within 15% of such comparable product if the recycled materials used in such products are generated in New York State, the recycled product must be purchased. If you believe any products you will provide hereunder should be considered as qualifying recycled products under this law, please attach a copy of the authorization from the Department of Environmental Conservation confirming that such product has been approved for inclusion in the State recycling program. In the absence of such written confirmation, the product(s) will not be considered as qualifying for purposes of determining the selected vendor hereunder. Restrictions on the Activities of Current and Former State Officers and Employees - 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: http://www.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}.

8

GENERAL TERMS AND CONDITIONS PROPOSAL 13/14-167MC 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 postemployment 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. University Rights: 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.) Notification of Errors, Inquires and Interpretation: it shall be the responsibility of the bidder to bring to the attention of the University any technical deviations in the detailed specifications and to make recommendations for any additional requirements deemed necessary. If the University finds the deviations significant, or a change in the requirements necessary, University then will notify all bidders in writing of the specification change. No deviations for the technical specifications laid hereunder shall be made without approval from the University. Additional Expenses: 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.

9

GENERAL TERMS AND CONDITIONS PROPOSAL 13/14-167MC Valid Negotiations: 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 Bids: The University reserves the right to make all decisions regarding this proposal, including, without limitation, to the cancellation of the bid and/or the right to decide whether a proposal does or does not substantially comply with the requirements set forth. Acceptance of Proposal Content: The contents of the IFB and response to this IFB shall become contractual obligations if a contract ensues. Failure of the bidder to accept these obligations shall result in the rejection of the IFB. Use of University Name/Logo: Bidders agree not to use the name/Logo of the University, or to quote any employees of the University without obtaining prior written consent. Proposals Binding for 90 Days: The proposal shall constitute an offer binding upon the bidder for ninety (90) calendar days following the opening of proposals and remain in effect until either contract is awarded or bidder requests in writing to withdraw his/her bid. Free and Open Competition: The University encourages free and open competition. Whenever possible, terms, specifications, and conditions are designed to accomplish this objective, consistent with the necessity to satisfy the University’s needs. Governing Law: This request for bid and any contract resulting shall be governed by and construed in accordance with the laws of the State of New York. Standard Clauses: 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 A-1 Pre-port Award Documentation (AA-EEO), and Exhibit L (Procurement Lobbying Law) 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, noncollusion, 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).

10

GENERAL TERMS AND CONDITIONS PROPOSAL 13/14-167MC Vendor Responsibility Questionnaire (Exhibit V): The State University of New York at Stony Brook recommends that vendors file the required Vendor Responsibility Questionnaire online via the New York State VendRep System. To enroll in and use the New York State VendRep System, see the VendRep System Instructions available at http://www.osc.state.ny.us/vendrep/vendor_index.htm or go directly to the VendRep System online at https://portal.osc.state.ny.us. Vendors must provide their New York State Vendor Identification Number when enrolling. To request assignment of a Vendor ID or for VendRep System assistance, contact the Office of the State Comptroller’s Help Desk at 866-370-4672 or 518-408-4672 or by email at [email protected]. Vendors opting to complete and submit a paper questionnaire can obtain the appropriate questionnaire from the VendRep website www.osc.state.ny.us/vendrep or may contact the State University of New York at Stony Brook or the Office of the State Comptroller’s Help Desk for a copy of the paper form. Encouraging use of New York State Businesses in contract Performance: New York State businesses have a substantial presence in State contracts and strongly contribute to the economies of the state and the nation. In recognition of their economic activity and leadership in doing business in New York State, bidders/proposers 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, proteges or other supporting roles. Bidders/proposers need to be aware that all authorized users of this contract will be strongly encouraged, to the maximum extent practical and consistent with legal requirements, to use responsible and responsive New York State businesses in purchasing commodities that are of equal quality and functionality and in utilizing services and technology. Furthermore, bidders/proposers are reminded that they must continue to utilize small, minority and women owned businesses, consistent with current State law. Utilizing New York State businesses in State contracts will help create more private sector jobs, rebuild New York's infrastructure, and maximize economic activity to the mutual benefit of the contractor and its New York State business partners. New York State businesses will promote the contractor's optimal performance under the contract, thereby fully benefiting the public sector programs that are supported by associated procurements. Public procurements can drive and improve the State's economic engine through promotion of the use of New York businesses by its contractors. The State therefore expects bidders/proposers 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 the State and its taxpayers. Bidders/proposers must demonstrate their commitment by filling out and returning Exhibit N with bid package.

11

GENERAL TERMS AND CONDITIONS PROPOSAL 13/14-167MC Background Checks for Contractors Performing Services at Stony Brook University owned Managed Facilities (herein referred to as “University”): (a) Requirements of this clause apply to the successful awardees(s) of the contract who will be performing on-site work for the University under the contract. (b) Definitions. For the purposes of this clause, the following definitions apply: (1) On-Site: “On-Site” refers to any University Facility or leased spaces open to the public or at which the University business operations are conducted. (2) Suitability: “Suitability” refers to identifiable character traits and past conduct which are reasonably sufficient to indicate whether a given individual is likely or not likely to be able to perform the requirements of a contract at the University on-site locations without undue risk to the interest of the University. (3) Suitability Determination: A “suitability determination” is a determination that there are reasonable grounds to believe that an individual will likely be able to perform the contract requirements on-site without undue risk to the interest of the University. (c) Applicability. (1) Contractors shall perform background checks and make suitability determinations on contractor employees before the individual employees can perform on-site contract services for the University. (2) The Director of Procurement, or his designee, on a case-by-case basis, may, either temporarily or permanently, waive the requirements of this clause, in whole or in part, if they determine in writing that background checks and suitability determinations are not necessary at the specific location, or for a specific individual, in order to protect the University’s interest. (d) Background Check. (1) The Contractor is responsible, at its own expense for completing background checks and making suitability determinations on its employees prior to the employee beginning on-site work. Compliance with the requirement for performing a background check and making suitability determination shall not be construed as providing a contractor employee clearance to secured areas. Contractors are required to maintain records of background checks and suitability determinations for the term of the contract, and to make them available to the University when requested. (2) At a minimum, the background check and suitability determination much include an evaluation of: (i) Verification that the individual is not listed on a national watched person database. The following link has information about a data available. http://www.treas.gov/offices.enforcement/ofac/sdn/index.html The following link has a PDF file of a list of SPECIALLY DESIGNATED NATIONALS AND BLOCKED PERSONS http://www.treas.gov/offices/enforcement/ofac/sdn/t11sdn.pdf; (ii) Criminal History checks (using a national database that contains criminal histories and supplement this search by checks of NYS Office of Court Administration and comparable searches of the State where the person has lived, worked or attended school during the past 5 years) or by obtaining the record of convictions from NYSOCA directly and from their equivalents from other States where the person might have lived, worked or attended school during the last 5 years; (iii) DMV driving records; (iv) Social Security Number trace; (v) Verification of U.S. citizenship or legal resident status; and (vi) Residence (past 3 years) (should be requested on employment application to compare against data from DMV license and other searches for verification);

12

GENERAL TERMS AND CONDITIONS PROPOSAL 13/14-167MC (e) Background Check Guidelines. (1) In making a suitability determination, the contractor shall consider the following factors and evaluate them against the work to be performed, the performance location, and the degree of risk to the University: (i) Any loyalty or terrorism issue; (ii) Patterns of conduct (e.g. alcoholism/drug addiction, financial irresponsibility/major liabilities, dishonesty, unemployability for negligence or misconduct, criminal conduct); (iii) Dishonorable military discharge; (iv) Felony and misdemeanor offenses; (v) Drug manufacturing/trafficking/sale; (vi) Major honesty issue (e.g., extortion, armed robbery, embezzlement, perjury); (vii) Criminal sexual misconduct; (viii) Serious violent behavior (e.g., rape, aggravated assault, arson, child abuse, manslaughter); (ix) Illegal use of firearms/explosives; and (x) Employment related misconduct involving dishonesty, criminal or violent behavior. (2) The contractor shall evaluate any adverse information about an individual by considering the following factors before making a suitability determination: (i) The nature, extent and seriousness of the conduct; (ii) The circumstances surrounding the conduct; (iii) The frequency and recency of the conduct; (iv) The individual’s age and maturity at the time of the conduct; (v) The presence or absence of rehabilitation and other pertinent behavior changes; (vi) The likelihood of continuation of the conduct. (vii) The potential for pressure, coercion, exploitation, or duress; (viii) How, and if, the conduct bears upon potential job responsibilities; and (ix) The employee’s employment history before and after the conduct. Each suitability determination should be documented in a narrative. If negative items are mitigated by subsequent passage of time or completion of substance abuse programs this rationale should be included in the narrative. A negative suitability determination must be supported by a finding that the adverse information has a direct bearing on the potential job duties or that it is deemed sufficiently serious to bar the employee from the University site. (f) Employee Removal. Whenever a contractor becomes aware that any employee working at an on-site location under a University contract becomes an unacceptable risk to the University; the contractor shall immediately remove that employee from the site, notify the University that such a removal has taken place, and replace them with a qualified substitute. If the approval of the University was initially required for the removed employee, University approval is required for the replacement employee. (g) University Notification. Prior to commencement of on-site contract performance, the contractor shall notify the University that the background checks and suitability determinations required by this clause have been completed for affected individuals.

13

GENERAL TERMS AND CONDITIONS PROPOSAL 13/14-167MC Legislature Changes: 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. Dispute Resolution Policy: It is the policy of the Stony Brook University Procurement Department to provide vendors with an opportunity to administratively resolve disputes, complaints or inquiries related to our bid solicitations or contract awards. Stony Brook University encourages vendors to seek resolution of disputes through consultation with Stony Brook University staff. All such matters will be accorded impartial and timely consideration. Interested parties may also file formal written disputes. A copy of the Dispute Resolution Procedures for Vendors may be obtained by contacting the person shown on the front of this Invitation for Bids or the Bid Coordinator at 631-632-9060 or [email protected] Award Protest: 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 Procedure (Document # 7561). The SUNY’s Protest Procedure is available at http://www.suny.edu/sunypp/documents.cfm?doc_id=699. 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: It will be the responsibility of the successful contractor 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. Bidder will operate vehicles responsibly under campus rules and regulations and will not park vehicles in unauthorized areas. Illegally parked vehicles will be towed. 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. Diesel Emissions Reduction Act of 2006 (the “Act”): The 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 the Contractor, its Agents or Subcontractors under this Contract, 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 the Contractor. Annually, but no later than March 1st, the Contractor shall complete and submit directly to the University, via electronic mail, the Regulated Entity Vehicle Inventory Form and Regulated Entity and Contractors Annual Report forms at the Department of Environmental Conservation (“DEC”) website: http://www.dec.ny.gov/chemical/4754.html for heavy duty vehicles used in the performance of this Contract for the preceding calendar year. Proper Contractor Identification: Employees of the contractor while on site shall carry identification badge or cards and shall be instructed to submit same to scrutiny upon request by Security or supervisory personnel of the University. Contractor Personnel: All contractor personnel assigned to any requirements of a contract award must be fully qualified and cognizant of the required and applicable laws, rules and regulations pertaining to such contract award and the safety requirements which contractor must adhere to.

14

GENERAL TERMS AND CONDITIONS PROPOSAL 13/14-167MC Responsibility: University will not be held responsible for any service made without prior authorization by University via a purchase order number. Contractor shall perform only those services and/or provide only those materials as authorized by the University. University will not be held responsible for any additional costs other than for the services outlined herein or for any work performed or materials delivered which has not been properly authorized. Termination: Failure of the vendor to meet the requirements of the contract shall constitute default. University shall notify vendor in writing of unsatisfactory service, poor workmanship, poor delivery or defective parts. Failure of vendor to correct the conditions of default or to come to an amiable solution with the University within 10 working days of receipt of notice shall constitute default. Reoccurrence of unsatisfactory performance will constitute default. The University may terminate the agreement IMMEDIATELY FOR CAUSE. Upon failure of vendor to maintain the required standards and perform in accordance with contract, University reserves the right to cancel the contract upon written notice. In such event, University reserves the right to award to next lowest qualified vendor, or contract shall be re-quoted. The University shall have the right to terminate this contract early for unavailability of funds, see Exhibit A, Executory Clause. The University, by 30 days’ prior written notice, may terminate this Agreement. THE UNIVERSITY MAY ALSO TERMINATE THIS AGREEMENT BY WRITTEN NOTICE IMMEDIATELY FOR CAUSE. If the Agreement is terminated for reasons other than cause, 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. Vendor will be held liable for any and all damages incurred as a result of vendor’s failure to perform in accordance with the contract. Stony Brook University also reserves the right to terminate any contract resulting from this IFB in the event it is determined that the certification filed by the successful Vendor in accordance with State Finance Law 139j and 139k was intentionally false or intentionally incomplete or if applicable, the contractor certification on the ST 220-CA are found to be false or incomplete. Upon such determination, Stony Brook University may exercise its termination right by providing written notification to the successful Vendor in accordance with the written notification terms of the contract. Award: Award will be by grand total to the lowest responsible, qualified bidder who meets all qualifications and specifications. Bidder must respond as requested. F.O.I.L: University, as an agency of the State of New York, is bound by the mandates and requirements of the Freedom of Information Law. Prevailing Wage Rates: This contract involves 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. 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. OSHA 10-hour Construction Safety and Health Course – S1537-A - 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.

15

GENERAL TERMS AND CONDITIONS PROPOSAL 13/14-167MC Payment Terms: Payments under the resulting contract award shall be made to the Contractor, upon receipt of goods/services and properly approved and completed invoice/s and State of New York Department of Labor, Bureau of Public Works, Certified Payroll submitted to the attention of Accounts Payable, SUNY at Stony Brook. Payment may be withheld if a contractor has outstanding data, sales or MWBE reports. 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 OSC (All invoices must be submitted with contractor’s Federal ID number). 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 www.osc.state.ny.us/epay/index.htm, by email at [email protected] or by telephone at 518-457-7717. 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 or designee has expressly authorized payment by paper check as set forth above. Identifying Information and Privacy Notification: (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: 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. Contract: If all requirements of bid submissions are met to the University’s satisfaction, a contract agreement or purchase order may be issued after review and analysis of proposals and confirmation of qualifications/references, etc. , and approval from the Office of the State Comptroller. Contract Term: Contract term shall be for five (5) years upon mutual consent and approval of the Office of the State Comptroller.

16

GENERAL TERMS AND CONDITIONS PROPOSAL 13/14-167MC REPORT OF CONTRACT PURCHASES: Contractor shall furnish quarterly data and contract spend reports to Laura Beck, 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 10 2nd Quarter (July 1 – Sept 30) Due Oct 10 3rd Quarter (Oct 1 – Dec 31) Due Jan 10 4th Quarter (Jan 1 – March 31) Due April 15 The 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. INSURANCE: 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 $1,000,000.00 per occurrence/ $2,000,000.00 in the aggregate and business automobile liability insurance with a combined single limit of $1,000,000.00 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: John Mastromarino , 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.

17

GENERAL TERMS AND CONDITIONS PROPOSAL 13/14-167MC WORKERS’ COMPENSATION INSURANCE AND DISABILITY BENEFITS REQUIREMENTS: 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: A) Be legally exempt from obtaining Workers’ Compensation insurance coverage; or B) Obtain such coverage from an insurance carrier; or C) Be 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: A) 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:(http://www.wcb.ny.gov/content/ebiz/wc_db_exemptions/requestExemptionOvervi ew.jsp); (Reference applicable IFB/RFP and Group #s on the form.) B) Certificate of Workers’ Compensation Insurance: 1) 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 2) 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. C) Form SI-12, Certificate of Workers’ Compensation Self-Insurance available from the New York State Workers’ Compensation Board’s Self-Insurance Office. D) Form GSI-105.2, Certificate of Participation in Workers’ Compensation Group SelfInsurance 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: A) Be legally exempt from obtaining disability benefits coverage; or B) Obtain such coverage from an insurance carrier; or C) Be a Board-approved self-insured employer.

18

GENERAL TERMS AND CONDITIONS PROPOSAL 13/14-167MC 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: A) 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:(http://www.wcb.ny.gov/content/ebiz/wc_db_exemptions/requestExemptionOverview. jsp); (Reference applicable IFB/RFP and Group #s on the form.) B) 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. C) 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: http://www.wcb.ny.gov/content/ebiz/wc_db_exemptions/requestExemptionOverview.jsp http://www.wcb.state.ny.us/content/main/Carriers/outOfStateReq.jsp http://www.wcb.state.ny.us/content/main/DisabilityBenefits/Carrier/outOfStateEmp_DB.jsp

The remainder of this page was intentionally left blank.

19

GENERAL TERMS AND CONDITIONS PROPOSAL 13/14-167MC References: Bidder must submit the following with his/her bid response: 

Bidders will be required to provide (3) three references to substantiate that bidder has performed similar services of equal or greater magnitude for a period of at least three years in a facility of similar size, scope an d complexity and in a satisfactory manner.



Reference listing should include customer’s name, address, contact name of an individual, contact telephone number and years serviced. SUNY Stony Brook reserves the right to contact, make inquiries and visit any bidder’s customer so listed by bidder.



Prospective Bidder shall provide certified financial statements as evidence of its ability to meet the service and requirements of the SUNY Stony Brook.



Bidder must possess and provide all licenses, permits and any other certification required to engage and perform the required services. Successful vendor must assure that licenses will not expire during the contract period.

Miscellaneous: A. Failure of contractor to familiarize him/herself 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.

Price Escalation/De-Escalation: There is no prices escalation. Price must remain fixed for the life of the contract. The University will not accept any fuel surcharges or increases based on fuel.

The Department of Procurement, Purchasing Section, will be the interpreter of all contract documents.

The remainder of this page was intentionally left blank.

20

DETAILED SPECIFICATIONS PROPOSAL 13/14-167MC Qualifications: Requirements: 1. 2.

Proven ability to provide a quality maintenance program for fire extinguishers, oxygen and breathing air cylinders. Provide documentation that demonstrates proven ability to maintain fire extinguishers, oxygen and breathing air cylinders.

3. 4.

Proven ability to provide pressure cylinder hydro testing. Provide documentation that your company meets DOT hydrostatic testing criteria.

5. 6.

Proven ability to provide certified oxygen and breathing air refill. Provide documentation of air sample reports and certificates of oxygen purity.

7. 8.

24 Hour response time and ability to return extinguishers in 48 hours Provide documentation demonstrating ability to guarantee 24 hour response time and capability to return within 48 hour.

9.

Bidder/ contractor and Sub Contractor must have a Suffolk County Fire Extinguisher Licensing Board Issued Licenses with Endorsement Reports.

SCOPE OF WORK: A. Contractor shall provide refill/maintenance services to campus fire extinguishers on an “on-call” basis and in accordance with NFPA 10 and applicable DOT requirements for hydrostatic testing. Specifically, the work shall be as follows: 1. Re-service a discharged extinguisher with the appropriate agent, concurrently repairing any mechanical deficiency found during recharge. 2. Repair using applicable maintenance procedures, any extinguisher out of service for mechanical deficiency. 3. Provide hydrostatic testing of cylinders at appropriate frequency, to include internal/external exam of cylinder. 4. Condemn, mark, and return for our disposal, any extinguisher that does not pass hydrostatic test, shows evidence of dents, mechanical injury, or corrosion to the extent that would indicate a weakness as delineated by NFPA 10. 5. Each extinguisher that has undergone any type of maintenance or recharge, shall have a verification of maintenance collar affixed to the neck of the cylinder. 6. Provide hydrostatic test and refill capability for oxygen cylinders and 4,500 psi Scott breathing air cylinders. B. Contractor will be notified by telephone and/or work order issued by the Department of Environmental Health and Safety. Upon completion, contractor will obtain authorized signature on work order that service has been performed and delivered to the University. These receipts will be submitted with vouchers to the Director of Environmental health and Safety for approval of billing and payment. C. Contractor will cooperate in maintaining order and minimum of noise and confusion in classroom, study areas, Residence Halls and student apartments. University escort must accompany contractor’s representative when visiting Residence Halls and/or apartments. D. The Department of Health and Safety shall be responsible for inspection and acceptance of contractor's service. Workmanship and material shall be guaranteed for one year from date of acceptance. Contractor agrees to repair or replace all defects under this guarantee without charge, except for damage caused by accident, malicious mischief or natural wear and tear. E. Authorization of work will come from Environmental Health and Safety for hospital and campus extinguishers. For Campus Residences extinguishers, the authorization will be the Associate Director of Campus Residences. Contractor shall be required to pickup extinguishers in need of maintenance within twenty four (24) hours of notification unless other arrangement are made with the University.

21

DETAILED SPECIFICATIONS PROPOSAL 13/14-167MC F.

Contractor will honor security and parking requirements of the buildings and campus.

G. Successful bidder will cooperate with all contractors who may be working in the area and will be required to work compatibly in conjunction with construction and trade groups, in the best interests of the University. H. Contractor shall keep the Department of Environmental Health and Safety aware of problems. All instructions to contractor shall come from that office or the Purchasing Department. I.

In the event that a backlog of work should arise, the contractor will be required to be on campus daily until that backlog is completely cleared. Contractor will be required to report each time he or she arrives on campus.

J.

All filled cylinders will be returned within forty eight (48) hours of pickup unless other arrangements are made with the University.

K. Normally, Friday afternoon calls are to be honored by Monday morning unless an emergency is specified. Normally, calls will not be made on holidays, except if specified emergency. L. Signed pickup and delivery tickets will be required. The tickets will contain the following information as a minimum; 1. Pickup tickets – quantity, ID number, type, size of extinguishers picked up. Pickup location. Date and time picked up. Name of person picking up extinguishers. 2. Delivery tickers – quantity, ID numbers, type, size of extinguishers dropped off. Date and time dropped off. Work accomplished on each extinguisher by ID number. Any additional parts needed for each particular extinguisher. Condemned extinguisher by ID number. Any additional comments. M. Material used shall be as specified in each class and as indicated and described. N. It will be the responsibility of the contractor to leave all sites clean and orderly and all debris must be removed before departure. O. Contractor must furnish their own equipment necessary for services and shall be responsible for the security of this equipment as well as their material. Material shall be delivered F.O.B. destination. P. Pickups and deliveries will be made to one of four (4) extinguisher collection points. For all University Hospital extinguishers, this will be the HSC loading dock, cylinder storage. For all Campus Residences extinguishers, this will be the residence warehouse in Mendelsohn Quad and Roosevelt Quad Warehouse. For all others, the location is in Suffolk Hall, Room 129. When a call is made by one of the authorized representatives for a pickup, an appointment will be made so that there is a representative available to sign for the extinguishers. Similarly, when the extinguishers are serviced and ready for delivery, an appointment will be made for drop off. If there is no Stony Brook University representative at either the pickup or drop off to sign the invoice, the fire extinguishers cannot be changed out.

22

PRICING PAGE SUNY AT STONY BROOK PROPOSAL 13/14-167MC The following are the five (5) year quantities estimated based on the University’s anticipated needs for future projects. The successful bidder will be assigned projects as the need arises during the term of the contract. Estimated amounts will be used for evaluation purposes in determining the low qualified bidder. Bidder must respond to all items as requested, otherwise the University reserves the right to consider the bid submission as non-responsive. Rates are to be inclusive of all travel and per diem. I.

PROVIDE PRICE TO RECHARGE / REFILL FIRE EXTINGUISHER, OXYGEN AND BREATHING AIR CYLINDERS Description A.

ABC Multipurpose 5

lb. 6 Year

Total Quantity 523

5

lb. 12 Year

416

10

lb. 6 Year

152

10

lb. 12 Year

87

Unit Price

Total

Unit Price

Total

Unit Price

Total

Unit Price

Total

TOTAL ITEM A B.

Description CO2 5

lb. 5 Year

Total Quantity 64

10

lb. 5 Year

29

20

lb. 5 Year

6 TOTAL ITEM B

C.

Description Scott SCBA, Composite

Total Quantity

Scott SCBA ,4500psi, 30 Min Composite

5

Scott SCBA, 4500psi, 45 Min Composite

15

Scott SCBA, 4500psi, 60 Min Composite

20

TOTAL ITEM C D.

Description Oxygen Cylinders D

Total Quantity

Cylinder Oxygen

10

D+ Cylinder Oxygen

10 TOTAL ITEM D

T O T A L ( Item I, A-D) II.

PROVIDE PRICE FOR HYDROSTATIC TESTING PRESSURIZED WATER EXTINGUISHERS A.

Description Returned Full

Total Quantity 100

2 1/2 Gallon T O T A L (Item II, A) GRAND T O T A L

(Items I-II)

23

Unit Price

Total

PERFORMANCE STANDARDS SUNY AT STONY BROOK PROPOSAL 13/14-167MC

Performance Evaluation This contract is subject to performance evaluations required throughout the term of this 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 proactive and takes an aggressive approach in identifying problems and their resolution. Performance Conformance to Service Requirements of Contract Timeliness of Service Cost/Price Control Accuracy and Promptness of Billing Customer Service and Support Timely Complaint Resolution Professionalism of Staff Services Meet Customer Needs Overall Contractor Performance

Poor

Fair

Good

Excellent

Comments

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 fire extinguisher maintenance services. Instances of poor performance by the Company will be documented and submitted to the Company for immediate review and corrective action. Continued poor performance will be deemed a breach of the specifications of the IFB/RFP, and shall 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 Institution retains the absolute right to assess whether and when performance is subsequently acceptable.

24

PRICING SUMMARY SUNY AT STONY BROOK PROPOSAL 13/14-167MC 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 IFB. GUARANTEE: The Contractor guarantees that the equipment is standard new equipment, latest model in current production. Every unit delivered shall be guaranteed against faulty material and workmanship for the period of one (1) year, except where otherwise specified in the manufacturer’s guarantee for a longer period. If, during this period, such faults develop, the unit or part affected shall be replaced without any cost to the state. Guarantee to commence upon acceptance by the University.

GUARANTEED DELIVERY _______________DAYS AFTER RECEIPT OF ORDER. COMPANY 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 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.

25

ATTACHMENT A FAX TO: 631-632-6462 QUESTION SUBMITTAL FORM 13/14-167MC COMPANY/BIDDER:

DATE:

IFB (RFP) PAGE: IFB (RFP) SECTION: IFB (RFP) PARAGRAPH:

QUESTION:

DATE:

RESPONSE:

RESPONSE PREPARED BY:

SIGNATURE: ________________________

26