New York State Office of General Services BUILDING OPERATIONS, MAINTENANCE & MANAGEMENT SERVICES AT

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1 Request for Proposals solicited by the New York State Office of General Services For BUILDING OPERATIONS, MAINTENANCE & MANAGEMENT SERVICES AT 625 Broadway, Albany, NY Wolf Rd., Albany NY December 14, 2010 Class Codes: 80 Group Number: Solicitation Number: 1627 Contract Period: May 2, 2011 to April 30, 2016 Proposals Due: January 26, 2011 by 2:00 PM Designated Contact: Warren P. Joscelyn, Purchasing Officer New York State Office of General Services Financial Administration, 40 th Floor Corning Tower, Empire State Plaza Albany, New York Voice: Fax:

2 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY Table of Contents 1. INTRODUCTION Overview Designated Contact Minimum Proposer Qualifications Mandatory Pre-Proposal Conference and Site Visit Key Events Glossary of Terms PROPOSAL SUBMISSION Solicitation Questions and Clarifications Proposal Format and Content Cover Letter Company Information Qualifications Plan of Operation References Staffing RFP Questions and Clarifications RFP Format and Content Packaging of RFP Response Instructions for Proposal Submission ADMINISTRATIVE INFORMATION Issuing Office Method of Award Term of Contract Cost Building Services Administration Fee (Part A and A.1 of Cost Proposal) Compensation (Part B and B.1 of Cost Proposal) Past Practice Proposal Exceptions Dispute Resolution Examination of Contract Documents Prime Contractor Responsibilities Rules of Construction EVALUATION AND SELECTION PROCESS Proposal Evaluation Notification of Award SCOPE OF WORK General Responsibilities Provide Full Service Page 2 of 40

3 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY Assess Conditions Professional Property Management Generally Accepted Standards Amendments Management Responsibilities Staffing Within The First Ninety (90) Days Prevailing Wages Background Check Computerized Maintenance Management System Issuing Solicitations and Contracts Drawings and Diagrams Reports Meetings, Administrative and Reporting Requirements Recordkeeping Operation and Maintenance Responsibilities Staffing Maintain Building Premises Maintenance and Repairs Equipment Replacement New Equipment Guarantee Capital Repairs and Improvements Tenant Applications New York State Toxic Substance Act Executive Order No Health, Safety and Environmental Rules Emergency Services United States (US) Environmental Protection Agency (EPA) Energy Star Budgetary Responsibilities Capital Plans and Budgets Develop Annual Budgets Operating Expense Account Verify Payments Report of Expenses CONTRACT CLAUSES AND REQUIREMENTS Appendix A / Order of Precedence Procurement Lobbying Requirement Contractor Insurance Requirements Tax and Finance Clause Participation Opportunities for New York State Certified Minorities and Women-Owned Businesses Freedom of Information Law / Trade Secrets Page 3 of 40

4 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY 6.7 General Requirements Contract Terms Subcontractors Procurement Rights Extent of Services Debriefings Termination NYS Standard Vendor Responsibility Questionnaire Ethics Compliance OSHA Training Requirements (Occupational Safety & Health Administration) Indemnification Appendices and Exhibits Force Majeure Exhibit A Background Check Requirements Appendix A Standard Clauses for New York State Contracts Appendix B General Procurement Forms Appendix C Contractor Requirements and Procedures for Equal Employment and Business Participation Opportunities for Minority Group Members and Certified Minority/Women-Owned Businesses on OGS Contracts Appendix D Cost Proposal Appendix E Sample Contract Appendix F Prevailing Wage Rates Page 4 of 40

5 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY 1. Introduction 1.1 Overview OGS is seeking a Building Operation, Maintenance & Management Services Company (also referred to herein as the Company ), to enter into a 5-year term contractual agreement, to provide full service, professional building and grounds operation, maintenance and management services for two Facilities owned by the New York State Office of General Services, 625 Broadway and 50 Wolf Road, Albany, NY. Both Facilities are currently managed by O,R & L Facility Management, a private firm under contract with OGS. The current contract expires May 1, This solicitation is being advanced through a Request for Proposal (RFP) process. OGS will select the firm which provides the best value to the State. 50 Wolf Road was constructed in 1967 as single six (6) story building with a Gross Building Area consisting of 390,760 square feet. The Facility also includes a 1,331 car surface parking lot. The Facility underwent a major renovation in The Total Building Rentable Area is 374,030 square feet. The building Rentable Office Area is 371,226 square feet, and the Store Area (a privately operated cafeteria, and a newsstand) is 2,804 square feet. The building s Net Area to be cleaned is 349,177 square feet. The current tenant agency/occupant of the building is the New York State Department of Transportation (DOT). 625 Broadway was constructed in 2000 as a single fourteen (14) story building with a Gross Building Area consisting of 469,109 square feet. The Facility also includes a seven (7) level 500 car detached parking structure. The Total Building Rentable Area is 413,577 square feet. The building Rentable Office Area is 412,527 square feet, and the Store Area (a privately operated cafeteria, and a newsstand) is 1,050 square feet. The building s Net Area to be cleaned is 383,762 square feet. The current primary tenant agency/occupant of the building is the New York State Department of Environmental Conservation. Other tenant agencies include the Environmental Facilities Corporation and the State University of New York Learning Environments. The New York State Office of General Services' (OGS) mission is to provide coordinated customer focused support service to New York State agencies, political subdivisions, not-for-profit organizations, and the public in a business-like manner through the development and management of efficient, timely, and cost-effective programs. OGS supports the operations of State agencies and helps reduce government costs, in part, by providing essential real estate services. The New York State Office of General Services Real Property Management Group (RPM) is responsible for the efficient and cost effective operation of New York State-owned and operated buildings. Services provided include day-to-day building management, operations, preventive maintenance, and some aspects of security for Facilities which encompass approximately 19.5 million square feet with a replacement value estimated at $4.4 billion. The OGS Real Property Management Group also manages building renovation projects and administers service contracts that supplement the RPM in-house staff that support the daily Facilities operations and maintenance. 1.2 Designated Contact In compliance with the Procurement Lobbying Law, Warren P. Joscelyn, Purchasing Officer, New York State Office of General Services, Division of Financial Administration has been designated the ONLY contact for this procurement solicitation and may be reached by , voice or fax for all inquiries regarding this solicitation. Warren P. Joscelyn, Purchasing Officer New York State Office of General Services Financial Administration, 40 th Floor Corning Tower, Empire State Plaza Page 5 of 40

6 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY Albany, New York Voice: Fax: In the event the designated contact is not available, the alternate designated contacts are: Diane Robinson, Senior Purchasing Agent New York State Office of General Services Financial Administration, 40th Floor Corning Tower, Empire State Plaza Albany, New York Voice: Fax: Bill Macey, Purchasing Team Leader New York State Office of General Services Financial Administration, 40th Floor Corning Tower, Empire State Plaza Albany, New York Voice: Fax: Minimum Proposer Qualifications Proposers are advised that the State's intent is to ensure that only qualified and reliable contractors enter into a contract to perform the work as defined in this document. The State considers the following qualifications to be a pre-requisite in order to be considered as a qualified Proposer for purposes of this solicitation. The Proposer shall submit satisfactory evidence and the Commissioner or his/her designated representative shall have the right to reject responses to this solicitation of any Proposer who is unable to provide satisfactory evidence as to the following qualifications: a. Proposer must currently and for the past two consecutive years immediately prior to the proposal due date manage at least three Office Buildings consisting of at least 500,000 Gross Building Area. At least one of which must exceed 200,000 square feet of Gross Building Area. Services provided by Proposer for these buildings must be as a full operations, maintenance, and management contractor. b. Proposer must provide the following information; Facility statistical data, beginning and ending contract term dates, references including contact information, etc. 1.4 Mandatory Pre-Proposal Conference and Site Visit Proposers intending to submit a proposal will be required to attend a mandatory pre-proposal conference/site visit, which will include an informational meeting and a tour of both buildings on the date and time indicated in Section (1.5) Key Events below. This is the only date and time available for inspection. Alternate dates for additional site inspections will not be available. Attendees will be required to sign in and provide basic company and contact information. This information will be used to verify attendance and to communicate any changes to the solicitation (addenda). Therefore, it is imperative that the provided information be legible and accurate. Failure to attend the mandatory pre-proposal conference/site visit will result in rejection of the proposal. The facilitator of the event will publicly announce the official start time of the pre-proposal conference/site visit, which announcement shall be made no sooner than the time stated in Section (1.5) of Key Events below. Prospective proposers arriving after the official start time of the pre-proposal conference/site visit will be precluded from attending the pre-proposal conference/site visit, and therefore unable to submit a responsive proposal. Page 6 of 40

7 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY Due to security restrictions, all Proposers must pre-register at least 24 hours in advance with the OGS Regional Manager s office by calling (518) or by to Fred.Polsinelli@ogs.state.ny.us. It is recommended that attendees arrive at the 50 Wolf Road main security desk at least thirty minutes prior to scheduled time with photo identification. In accordance with State Finance Law 139-j(3)(a)(3), this mandatory pre-proposal conference/site visit is covered by the permissible subject matter authorization. A vendor is authorized to speak with representatives other than Designated Contact(s) for the sole purpose of the pre-proposal conference/site visit (to arrange attendance, during the conduct of the visit and to pose questions regarding the site). The pre-proposal conference/site visit will provide an opportunity for Proposers to see firsthand the existing equipment, the tasks to be performed and the special needs of the facility. Questions during the pre-proposal conference/site visit will be permitted. It is suggested that the Proposer note the question and ask at the end of the tour. Verbal answers are not official answers. All questions asked at the conference or after the tour must be submitted via to the designated contact for this solicitation no later than the date and time indicated in Section (1.5) Key Events. Official answers to all questions will be distributed in the form of an addendum via to all attendees of the mandatory pre-proposal conference/site visit. Only answers provided by addendum are considered official. NOTE: If there are any questions Proposers would like addressed at the pre-proposal conference/site visit, Proposers should submit them in writing as instructed in Section (1.5) Key Events, to the designated contact prior to the date of the conference/site visit. Questions during the pre-proposal conference/site visit will be permitted, however, only questions submitted in writing and answered via addendum will be considered official. 1.5 Key Events The Table below outlines the tentative schedule for important action dates. Key Events Action OGS issues Solicitation 1627 for Building Maintenance Management Services Mandatory Pre-Proposal Conference and building tour starting at 9:00 AM at 50 Wolf Rd and continuing to 625 Broadway Date December 14, 2010 January 5, 2011 Proposer questions due to OGS January 7, 2011 OGS issues responses to questions (Estimated) January 13, 2011 Proposals due to OGS by 2:00 PM EST January 26, 2011 Notification of Qualifying Proposers (Estimated) February 2, 2011 Interview Proposers (Estimated) February 7-11, 2011 Vendor Selection (Estimated) February 24, 2010 Contract start date May 02, 2011 Page 7 of 40

8 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY 1.6 Glossary of Terms Issuing Office shall mean the Office of General Services Department of Financial Administration. Contractor shall mean a successful company awarded a contract pursuant to this Solicitation. Request for Proposal, RFP, or Solicitation shall mean this document. The State shall mean The People of the State of New York, which shall also mean the New York State Office of General Services. Commissioner shall mean the Commissioner of General Services or duly authorized representative. Proposer, Bidder or Offerer shall mean any person, partnership, firm, corporation or other authorized entity submitting a proposal to the State pursuant to this solicitation. Project Leader shall mean Contractor s corporate representative. Page 8 of 40

9 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY 2. Proposal Submission 2.1 Solicitation Questions and Clarifications Questions and requests for clarification regarding this Solicitation shall only be directed to: Warren P. Joscelyn, Purchasing Officer New York State Office of General Services Financial Administration, 40th Floor Corning Tower, Empire State Plaza Albany, NY Phone: Fax: Questions and requests for clarification are only accepted via . Deadline for submission of questions will be as stated in Key Events Section 1.5 Official answers to questions will be provided via addendum per the date shown in Section 1.5 Key Events by the Issuing Office and distributed via to all interested Proposers who attended the mandatory pre-proposal conference. 2.2 Proposal Format and Content In order for the State to evaluate proposals fairly and completely, Proposers should follow the format set forth herein and provide all of the information requested. All items identified in Sections thru 2.3 must be addressed as concisely as possible in order for a proposal to be considered complete. Failure to conform to the stated requirements and format may necessitate rejection of the proposal Cover Letter The cover letter must confirm that the Proposer will comply with all the provisions of this solicitation and should state that, should the contract be awarded to your company, you would be prepared to begin operations May 2, The cover letter must include the full contact information of the person(s) OGS shall contact regarding the proposal. A Proposer representative authorized to make contractual obligations must sign the cover letter Company Information In response to this Solicitation, all Proposers must provide the following: a. Company Information b. Name of Agency/Company (including any Doing Business As names) c. Headquarters/Parent Company Locations d. History of Firm e. Internet Web site Address (if any) f. Details of Entity Business Structure (Corporation, Partnership, LLC) g. Organization Chart of Business Entity h. Office Locations and Total Number of Employees at each i. Primary and Secondary Business (core competencies) j. Client List k. Home office address and telephone number and local address and phone number Page 9 of 40

10 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY l. Proof of insurance as specified herein (Section 6.3 Contractor Insurance Requirements) m. Documents From Appendix B General Procurement Forms i. Contractor information ii. Procurement Lobbying Forms iii. Taxation & Finance Contractor Certification iv. MacBride Principles v. Non/Collusive Bidding Certification n. Minority and Women Owned Enterprise forms (Appendix C) o. Cost Proposal (Appendix D) Qualifications Proposers are asked to describe their capabilities to provide the services requested in this Solicitation. The Proposers shall provide: a. The information requested in Section 1.3 Minimum Proposer Qualifications. b. An explanation of why their firm is the best qualified to perform the duties defined herein this solicitation and demonstrate its qualifications including an item-by-item disclosure outlining how the Proposer meets the requirements of this Solicitation. c. A description of any specific experience and qualifications in building management and any specific experience it has in each of the particular building operations and management disciplines cited in Section Provide Full Service, along with an indication of what building operations, maintenance & management areas will be performed directly and which areas will be sub-contracted. d. A sample (or actual if available) of a Facility Operations Manual containing actual procedures developed, reports generated, forms utilized and other pertinent data that will assist the State to determine the technical merit of the proposal Plan of Operation The Company shall provide a written Plan of Operations which should include but not be limited to the following: a. In the Proposer s own words, their understanding of the issues and tasks of the Facility (ies) at hand. b. A detailed Transition Plan, including a schedule of deliverables, for the successful transition beginning from the contract award notification, and continue through the first 90 calendar days of the contract start. c. Proposers are required to present a detailed description of the methodology to be used by their firm in achieving the objectives and accomplishing the tasks described in this solicitation, with separate and specific reference to each subsection. This detail should include but not be limited to providing specific information containing the following: i. Customer Service Approach; What is the company s approach to obtaining optimal results regarding tenant request / satisfaction? ii. List of proposed on-site personnel, their duties and their qualifications to carry out their duties, iii. Corporate Support of On-site Personnel; Page 10 of 40

11 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY What will be the specific duties of the on-site personnel? What other type of corporate support will be provided? iv. Transition Plan v. What are the latest technologies and equipment being utilized by your company that you propose to utilize within this Solicitation? vi. Your plan of approach to the services described in this Solicitation: Describe your detailed plan to cover all shifts of onsite personnel in the case of an absence (i.e. illness, personal day or vacations). Any use of subcontractors? Will work be performed by specialized teams? Number of employees, broken down by full time and part time employees and how you project work schedules and shifts against the Solicitation requirements. vii. Equipment/Supplies List the source of equipment, supplies, and materials that will be utilized for this contract. Provide a complete inventory that will be stored on-site. viii. Recordkeeping and Reporting Will the onsite staff be responsible for all administrative duties, including all required monthly reports to OGS? Provide sample service contract specifications; (e.g.: Custodial, Integrated Pest Management, Elevator Maintenance, Guard Service, Snow Plowing, etc.) References Proposer shall provide the following reference data for each of the facilities being maintained, including those identified per Section 1.3 Minimum Proposer Qualifications, by the Proposer/Proposer s company. OGS may contact the references at its option. The reference data must include: a. The type/usage of building; b. The building s interior gross square footage; c. Contract term/duration; d. Building owner/contract client name; e. Client contact person; f. Contact person s title, address, telephone number, and Staffing The Proposer shall also provide: a. The size and experience of the corporate staff pool from which staff assigned to the management contract can be drawn. b. The level of staff to be assigned to this project. Identified staff must have direct building maintenance related experience. c. Resumes for proposed onsite staff. d. The composition of the staff/ team the Proposer shall dedicate to the buildings including: i. The names of the employees in the area responsible for this contract. Page 11 of 40

12 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY ii. Their function in the company, title, and number of year s service with the Proposer s firm. iii. Detailed resumes for the specific individuals designated to work on this contract, specifying educational and work experiences deemed relevant to the type of work to be undertaken. e. The name of the person designated as the onsite Property Manager that will be responsible for the day-to-day coordination between tenant representatives and work efforts of onsite employees as well as subcontractors. In addition, provide the name of the corporate representative/property Manager s supervisor who will be responsible for the Property Manager s performance. Indicate corporate representative s availability to OGS if needed to resolve issues. Information to be provided regarding the Property Manager and his/her supervisor is to include: i. Contact information, ii. Length of career in providing Building Management Services; iii. Professional designations; iv. Number and size of buildings managed in the last three years. f. Indicate the anticipated volume of work to be performed directly and to be subcontracted. Where any sub-contractor shall be utilized in a particular discipline describe if known, the subcontractor s qualifications in detail. (See Section Qualifications). OGS retains the right to request additional information from Proposers, pertaining to the Proposer s ability, qualifications, and procedures proposed to accomplish all work specified under this solicitation. 2.3 RFP Questions and Clarifications Questions and requests for clarification regarding this RFP shall only be directed to: Warren Joscelyn OGS Division of Financial Administration 40th Floor, Corning Tower, ESP Albany, NY Phone: Fax: warren.joscelyn@ogs.state.ny.us Questions and requests for clarification are only accepted via or in writing. Official answers to questions will be provided via addendum. RFP addenda will be provided via to all proposers who attend the mandatory site visit. Deadline for submission of questions will be as stated in Section (1.5 Key Events). 2.4 RFP Format and Content In order for the State to evaluate proposals fairly and completely, proposers must follow the format set forth herein and must provide all of the information requested. All items identified in the following list must be addressed as concisely as possible in order for a proposal to be considered complete. Failure to conform to the stated requirements may necessitate rejection of the proposal. a. Cover Letter. The cover letter must confirm that the proposer understands all the terms and conditions contained in this RFP and will comply with all the provisions of this RFP. A proposer representative authorized to make contractual obligations must sign the cover letter. The letter must also state whether or not subcontractors will be used, and the name and address of each proposed subcontractor. Page 12 of 40

13 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY b. Minimum Qualifications. Proposers must submit information to confirm their ability to meet the minimum qualifications to provide the services requested in this RFP as set forth in Section 1.3 Minimum Proposer Qualifications. c. Pricing. Proposer shall submit a completed Appendix D Cost Proposal Form. d. All other required completed forms from Appendices B General Procurement Forms; C-M/WBE and F Prevailing Wage Rates. Note: OGS reserves the right to request any clarifying information deemed necessary to ensure that the proposer is able to fulfill the requirements of the contract. 2.5 Packaging of RFP Response Please submit (6) originals of the Proposal Form (Appendix D Cost Proposal), along with (6) Signature Pages and Acknowledgement Pages found in Appendix D. Please complete and submit (1) original and (5) copies of all other documents found in Appendices B and C. The proposal documents must be submitted by mail, hand delivery, overnight carrier or certified mail in a package showing the following information on the outside: a. Proposer's complete name and address b. Solicitation Number 1627 (this document) c. Proposal Due Date and Time: (as indicated in section 1.5, Key Events) d. Proposer for Security Empire State Plaza Corning Tower, Albany, NY Failure to complete all information on the proposal envelope and / or packages may necessitate the premature opening of the proposal and may compromise confidentiality. 2.6 Instructions for Proposal Submission Only those Proposers who furnish all required information and meet the mandatory requirements will be considered. Submit all required proposal documents including signed proposal addenda if any, to the NYS Office of General Services - Division of Financial Administration at the following address: OGS Financial Administration Empire State Plaza, Corning Tower, 40th Floor Albany, NY Attn: Warren Joscelyn RFP # OR FAX PROPOSAL SUBMISSIONS ARE NOT ACCEPTABLE AND WILL NOT BE CONSIDERED. The State of New York will not be held liable for any cost incurred by the Proposer for work performed in the preparation and production of a proposal or for any work performed prior to the formal execution and approval of a contract. Proposals must be received in the above office on or before 2:00 PM on the date indicated in Section 1.5 Key Events. Proposers assume all risks for timely, properly submitted deliveries. The received time of proposals will be determined by the clock at the above noted location. NO CONSIDERATION WILL BE GIVEN TO PROPOSALS RECEIVED AFTER THE STATED DATE AND TIME. Proposers mailing their proposal must allow sufficient mail delivery time to ensure receipt of their proposal at the specified location no later than the specified date and time. Delays in United States mail deliveries or any other means of transmittal, including couriers or agents of the proposer entity shall not excuse late Proposal submissions. Similar types of delays, including but Page 13 of 40

14 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY not limited to, bad weather or security procedures for parking and building admittance shall not excuse late Proposal submissions. Proposers are cautioned that receipt of proposals in the OGS Mailroom is NOT sufficient, and that at least historically, one overnight carrier has been known to deliver its packages to the OGS Mailroom. OGS cannot be responsible for the actions of your chosen carrier. Proposals must remain open and valid for 120 days from the due date, unless the time for awarding the contract is extended by mutual consent of NYS OGS and the Proposer. A proposal shall continue to remain an effective offer, firm and irrevocable, subsequent to such 120 day period until either tentative award of the contract(s) by issuing Office is made or withdrawal of the proposal in writing by Proposer. Tentative award of the contract(s) shall consist of written notice to that effect by the issuing Office to the successful Proposer. This IFB remains the property of the State at all times, and all responses to this IFB, once delivered, become the property of the State. Important Security Procedures for Delivered Proposals: Security procedures are in effect at the Corning Tower. Photo identification is required. All visitors must register for building access, for delivering proposals. Vendors are encouraged to pre-register by contacting the OGS Finance Office at at least 24 hours prior to the proposal opening. Pre-registered visitors are to report to the visitor desk located at the Concourse level of the Corning Tower. Upon presentation of appropriate photo identification, the visitor will be allowed access to the building. Upon arrival at the visitor desk, visitors that have not pre-registered will be directed to a designated phone to call the OGS Finance Office. The Finance Office will then enter the visitor s information into the security system. Access will not be allowed until the security system has been updated. Visitors are encouraged to pre-register to ensure timely access to the building. Vendors who intend to deliver proposals or conduct business with OGS should allow extra time to comply with the security procedures. These security procedures may change or be modified at any time. Visitor parking information can be viewed at the following OGS web site: Page 14 of 40

15 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY 3. Administrative Information 3.1 Issuing Office This solicitation is being released by the New York State Office of General Services Division of Financial Administration on behalf of the Office of General Services Real Property Management Group (RPM). 3.2 Method of Award Award shall be made to the vendor who has the best value responsive and responsible proposal. Upon determination of the best value proposer, the Service Agreement found in Appendix E Sample Contract hereto, which appendix is hereby incorporated by reference and made a part hereof as fully as if set forth at length herein, will be completed with the successful bidder s information and appended to this RFP and the successful bidder s bid to form the contract between the parties that will be processed for all necessary State approvals. 3.3 Term of Contract This contract will commence May 2, 2011 and will be in effect for five (5) years. The State of New York retains the right to cancel this contract for convenience, provided that the Contractor is given at least thirty (30) days written notice of OGS intent to cancel. Any cancellation by OGS under this section shall in no event constitute or be deemed a breach of any contract resulting from this Solicitation and no liability shall be incurred by or arise against OGS, its agents and employees therefore for lost profits or any other damages resulting there from. This provision should not be understood as waiving the State s right to terminate the contract for cause or stop work immediately for unsatisfactory work, but is supplementary to that provision. See Section 6.13 Termination. 3.4 Cost All Proposers must submit their cost proposal for required services necessary to provide the State with the required deliverables in the format contained in Appendix D marked "Cost Proposal. Each Proposal must include the following: Building Services Administration Fee (Part A and A.1 of Cost Proposal) The annual Services Administration Fee, to be paid in twelve (12) equal monthly installments, to be charged for each year of the agreement. This must be a fixed dollar amount and not a percentage based on expenses or rents. For the purposes of this contract, the Services Administration Fee shall include the cost of off-site corporate building management and administrative personnel, all overhead, profit, all administrative expenses including payroll processing cost, insurance, fidelity bond, auditing, accounting, reporting and other requirements. OGS is responsible for providing adequate work space for the contractor s onsite staff at no cost but is not responsible for providing furnishings or equipment. The Services Administration Fee, accordingly, is also to include non-payroll related costs associated with the operation of the on-site Building Operations, Maintenance & Management Services Company office including any and all required tools, furniture, computers, copying and fax machines, office type software, telephones and cell phones, pagers, office supplies etc Compensation (Part B and B.1 of Cost Proposal) A detailed listing of compensation for on-site employees (with no markup) (excluding those additional services provided for in section Capital Repairs and Improvements). These expenses shall be based on the actual costs incurred with no mark-up allowed. These items should include a list of the Building Operations, Maintenance & Management Services Company s on-site employee(s) (in Full Time Equivalent) by title, their respective salary(s) by title, all fringe benefits, any other ancillary items Page 15 of 40

16 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY provided to employees (such as 401K). For evaluation purposes annual salaries will be extended to 5 years. Any increases need to be pre-approved and included in the proposed annual operating budget. 3.5 Past Practice The failure to exercise any right hereunder in the past shall not operate as a waiver of such right. No breach of this Agreement shall be deemed waived unless such waiver shall be in writing and signed by the party claimed to have waived. No waiver of any breach of the Agreement at any time in the past shall constitute a waiver of subsequent breach. 3.6 Proposal Exceptions The Issuing Office will consider all requests to waive any proposal requirement. However, proposers should be aware that failure to obtain a waiver of any proposal requirement in advance of proposal submission could result in rejection of Proposer s proposal and disqualification from the process. Proposers wishing to obtain an exemption or waiver for any part of this solicitation must contact the Issuing Office in writing by the Questions Due Date as identified in Key Events (Section 1.5). The request must cite the specific section and requirement in question, and clearly identify any proposed alternative. Requests will be considered and responded to in writing, either with the Answers to Questions as identified in Key Events (if the response results in a change to the Solicitation), or directly to the requesting Proposer. 3.7 Dispute Resolution It is the policy of the Office of General Services Financial Administration to provide Proposers with an opportunity to administratively resolve disputes, complaints or inquiries related to proposal solicitations or contract awards. OGS Financial Administration encourages vendors to seek resolution of disputes through consultation with OGS Financial Administration staff. All such matters will be accorded impartial and timely consideration. Interested parties may also file formal written disputes. A copy of the OGS Financial Administration Dispute Resolution Procedures for Vendors may be obtained by contacting the designated contact person identified on the front of the solicitation document. 3.8 Examination of Contract Documents a. Each Proposer is under an affirmative duty to inform itself by personal examination of the specifications of the proposed work and by such other means as it may select, of the character, quality and extent of the work to be performed and the conditions under which the contract is to be executed. b. Each Proposer shall examine specifications and all other data or instruction pertaining to the work. No pleas of ignorance of conditions that may be encountered or of any other matter concerning the work to be performed in the execution of the contract will be accepted by the state as an excuse for any failure or omission on the part of the Proposer to fulfill every detail of all the requirements of the documents governing the work. The Proposer, if awarded the contract, will not be allowed any extra compensation by reason of any matter or thing concerning which such proposer might have fully informed itself prior to proposing. c. Any addendum issued prior to the proposal due date must be acknowledged by signature, dated and be submitted on or before the proposal due date with six (6) originals. In awarding a contract any addenda will become a part thereof. d. Any verbal information obtained from, or statements made by, representatives of the Commissioner of General Services at the time of examination of the documents or site visit shall not be construed as in any way amending contract documents. Only such corrections or addenda as are issued, in writing, to all Proposers shall become a part of the contract. Page 16 of 40

17 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY 3.9 Prime Contractor Responsibilities The State will contract only with the successful Proposer who is the Prime Contractor. The Issuing Office considers the Prime Contractor, the sole Contractor with regard to all provisions of the solicitation, and the contract resulting from the solicitation. No subcontract entered into by the Contractor shall relieve the Contractor of any liabilities or obligations in this solicitation or the resultant contract. The Contractor accepts full responsibility for the actions of subcontractors who carry out any of the provisions of any contract resulting from this solicitation Rules of Construction Words of the masculine and feminine genders shall be deemed and construed to include the neuter gender. Unless the context otherwise indicates, the singular number shall include the plural number and vice versa, and words importing persons shall include corporations and associations, including public bodies, as well as natural persons. The terms hereby, hereof, hereto, herein, hereunder, and any similar terms, as used in this Solicitation, refer to this Solicitation. Page 17 of 40

18 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY 4. Evaluation and Selection Process 4.1 Proposal Evaluation Proposals will be evaluated and scored based upon the criteria set forth in this Section. Proposals will be evaluated for best value to the State. A committee of OGS employees will evaluate each proposal and initially determine whether a proposal is responsive to the requirements of the Solicitation. The State will request that Proposers submitting responsive proposals provide oral presentations in Albany, NY, covering the major points of their proposals. The presentations will be given on a date, time and location to be designated by OGS. Information provided during the oral presentation will be considered in the technical scoring. In addition to key corporate personnel being present for the oral presentation, OGS requests the presence of key onsite personnel being proposed for the project(s). The committee will subsequently evaluate each responsive proposal for items a c listed below. OGS Division of Financial Administration will evaluate all cost proposals from responsive Proposers. The cost proposal with the lowest total fee encompassing Part A plus Part B of the Cost Proposal will be awarded the maximum possible points, (refer to item d listed below). Each subsequent proposal will receive a proportionate number of points. Each of the cost proposal points will be added to the score from the Evaluation Team for items a-c. The final 10 possible points, (refer to item E listed below) will be awarded to the responsive Proposers, by an OGS Executive Management Review Committee, the membership of which will be designated by the OGS Commissioner or his designated representative. The points awarded by the Executive Management Review Committee will be added to each Proposer s score based on items a d. Scores from each of the Proposers, including items a-e listed below, will be totaled and the Proposer having the highest score will be ranked number one; the Proposer with the second highest total score will be ranked number two and so on. a. PROPOSER EXPERIENCE (15%) Each Proposal will be evaluated as to the quality of its relevant experience (including that of its proposed employees) and length of service in both the industry and with the Proposer, demonstrating its ability to perform the required services. b. PLAN OF OPERATION (40%) Each Proposal will be evaluated as to the completeness of and the extent to which the operational information meets the goals and requirements of the Solicitation. c. QUALITY AND COMPLETENESS OF PROPOSAL ( 5%) Each Proposal will be evaluated as to the extent to which the proposal satisfies and addresses each requirement of the Solicitation. d. CONTRACT FEE (30%) The cost to the State will be evaluated in relation to all cost proposals submitted by responsive Proposers. e. EXECUTIVE REVIEW (10%) This will be based upon factors that include the Executive Management Review Committee s appraisal of the Proposer s level of experience, flexibility, presentation format of the proposal and acceptability of proposed plan of operation. In addition, consideration will be made to whether the Proposer can perform for the proposed costs while maintaining adequate levels of service and quality service over the full term of the contract. Proposers are encouraged to include all information that may be deemed pertinent to their proposal. Proposers may be requested to provide clarification based on the State s Page 18 of 40

19 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY evaluation procedure. Any clarification will be considered a formal part of the Proposer s original proposal. If further clarification is needed during the evaluation period, OGS will contact the Proposer. 4.2 Notification of Award After the evaluation, all Proposers will be notified of the name of the selected Proposer. The selected Proposer will be notified that their submitted proposal has been selected and that a contract will be forthcoming for execution. The original proposal, and any additions or deletions to the proposal become part of the contract. Public announcements or news releases pertaining to any contract resulting from this Solicitation shall not be made without prior approval from the Issuing Office. Page 19 of 40

20 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY 5. Scope of Work 5.1 General Responsibilities Provide Full Service The selected Building Operation, Maintenance & Management Services Company (also referred to herein as the Company ), will be required to provide full service, professional building and grounds operation, maintenance and management services that must include but not be limited to the following services: a. Provide all labor, tools and equipment required to perform all contract services, b. Manage and supervise all sub-contracts/sub-contractors related to providing contract services of the systems and equipment of the Facility, c. Daily responsiveness to OGS and the Facility Tenant Representative(s), d. HVAC Systems, e. Energy Management System (EMS), f. Electrical Switchgear and Electrical Systems, (including onsite electrical sub-station at 625 Broadway) g. Lighting Systems, h. Uninterrupted Power Supply (UPS), i. Fire Alarm and Fire Suppression Systems, j. Emergency Generator(s), k. Closed Circuit Television (CCTV) Systems, l. Custodial Services Custodial services must be competitively proposal utilizing applicable portions of specifications provided by OGS, m. Elevator Maintenance, n. Integrated Pest Management, o. Roads & Grounds Maintenance, p. Landscaping maintenance including lawns, shrubs, trees, flowers, mulching, etc., q. Snow and Ice Removal, r. Recycle & Rubbish Removal, s. Vehicle Barriers, t. Common Area Painting, u. Window Cleaning, v. Plumbing Systems including supply and drainage, w. Security Guard Services (for 625 Broadway only), x. Prepare and keep current a detailed Facility Operations Manual. The manual shall include but not be limited to; Key Personnel Directory, General Facility Information, Facility Rules and Regulations, Facility Access and Security, Individual Building Systems, Building Emergency Response/Evacuation Procedures, etc. y. Other responsibilities as requested / required by OGS Page 20 of 40

21 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY All sub-contracts, repairs by others, equipment, materials, and supplies associated with the systems/ equipment detailed herein shall be administered through the Company as a straight pass through (No Administration Fee added) Assess Conditions The Company will be responsible for regularly assessing the conditions of the facility and its systems; developing building operations, preventive maintenance, and capital plans necessary to maintain, preserve, and keep the premises in good repair and condition. A written assessment is required within the first ninety (90) days of the contract Professional Property Management The services of the Company is to be of a scope and quality generally performed by professional property managers and performed in a reasonable, diligent and careful manner so as to manage and supervise the operation, maintenance and servicing of the properties in a manner that is comparable to those found in other multi-tenanted office properties owned and/or managed by New York State Generally Accepted Standards Services shall be provided in accordance with any applicable specifications provided by OGS and generally accepted standards of professionalism, skill, workmanship, and applicable trade practices and shall conform to all applicable codes, laws and regulations. All work performed and all services contracted shall, unless otherwise agreed to by OGS meet or exceed all applicable levels of service and operations currently maintained and specified in OGS operated buildings Amendments Upon the request of OGS, the Company will, in good faith and without delay, make reasonable efforts to ensure any amendments to any contract resulting from this RFP are agreed to in a timely and equitable manner. 5.2 Management Responsibilities The Company s management responsibilities shall include but not necessarily be limited to the following: Staffing Effective on the contract start date, the Company shall have a transition team in place to begin the Operation, Maintenance and Management of the facility. The transition team shall include but not be limited to Company executives, new and/or existing staff assigned to the contract, new and/or existing service contracts assigned to the contract The Company is advised that the OGS expects that onsite Company personnel will perform virtually all routine maintenance and repairs. All persons/contractors hired, paid and/or supervised by the Company, shall be the Company s employee or its subcontractor s employee and not the State s employee. The Company s Property Manager or his/her designee shall report to the OGS Regional Director or his/her designee. Any increase in salaries or bonuses extended to persons hired, paid, and/or supervised by the Company shall require prior written approval of OGS as part of the annual budget submission/approval process. Page 21 of 40

22 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY Within The First Ninety (90) Days Within the first ninety (90) days following the contract start date and annually thereafter, the Company shall review the following, and make recommendations to OGS regarding such: a. Develop an annual operating budget as referenced in Section Develop Annual Budgets, b. Create an operating expense account as referenced in Section Operating Expense Account, c. Assessment of the overall facility and each specific operating system. Based upon the Company s continuous operations and monthly maintenance of the facility systems, the Company shall, as appropriate, make interim recommendations to OGS at any time during the year. d. Operation, Maintenance, and Management strategies including the completeness and cost effectiveness of all required services and related service contracts including any other contract related items deemed necessary by OGS. At the discretion of OGS, OGS may require any or all services and/or service contracts to be competitively bid by the Company during the first contract year. e. Building Security and Evacuation Plans f. Energy Conservation Plans g. Preventative Maintenance Plans h. Capital Improvement Plans i. Building Rules and Regulations Prevailing Wages The Company shall ensure that prevailing wages and supplements for trades stated by the Department of Labor (DOL) are paid to employees of the Company and those of its subcontractors. See Appendix I for wage rates Background Check For security reasons, all prospective Company employees and its subcontractors are to be properly screened in accordance with OGS provided background check guidelines (see Exhibit A Background Check Requirements). Additionally, Contractor and its employees must comply with any other requirements in place for security clearance for the building including the provision of information required by the State Police Computerized Maintenance Management System The Company agrees to implement and maintain a Building Management software program at the Company s sole cost and expense. The software program will be used by the Company to include but not be limited to work order management, project tracking, and report generation. If OGS requires the Company to use the OGS Computerized Maintenance Management System AiM (Intelligence in Asset Management) by Asset Works, Inc; OGS will provide the necessary computer, the connections, the software installation, the licensing, and training for the Company s staff Issuing Solicitations and Contracts When issuing solicitations (Requests For Proposals, Invitations For Bids, Requests For Quotes, etc.) and entering into contracts to procure goods and/or services necessary to fulfill the Company s contract obligations, the Company shall develop the solicitation package (utilizing applicable specifications provided by OGS), bid, provide a recommendation of award to OGS, and upon OGS approval award such contracts. Such contracts may include but not be limited to; HVAC equipment maintenance, generator Page 22 of 40

23 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY maintenance, water treatment, elevator, fire system maintenance and testing, custodial, window cleaning, rubbish removal, recycling, fuel oil, security equipment maintenance, security guard services, integrated pest management, etc. OGS shall provide the Company service contract specifications as appropriate. Prior to issuing a solicitation, OGS shall have the opportunity to review and approve the solicitation package(s). Any contract which cannot by its terms be canceled on 30 days notice must be approved in writing by OGS Drawings and Diagrams Make updates of all changes to existing wiring diagrams and drawings for all existing systems and any systems that are added to or modified at the building. Drawings and diagrams are to be in compliance with accepted drafting standards Reports Provide Fire Systems Testing reports within 24 hours to both OGS and the NYS Department of State Office of Fire Prevention & Control, Empire State Plaza, Concourse Room 120-2, Albany, NY Provide a written monthly report to OGS within ten (10) working days of the end of each month including but not limited to: a. a precise description of services provided to all building systems and equipment, number of employees/subcontractors involved, and the costs incurred, b. Equipment Status, c. Energy Conservation measures/progress, d. Work Order Status, e. Preventative Maintenance (accomplished and forecasted), f. Sub-contractor Status, g. Provide monthly operating and budget reports of expenses to OGS and the occupying agency (as appropriate) and, when necessary, develop plans to address any possible funding shortfalls. The report shall highlight variances between projected and actual disbursements, h. Other Reports Requested by OGS Provide a semi-annual Contract Summary report stating current service contracts, current service provider, contract period, M/WBE standing, cancellation data, time remaining on contract, cost of contract, proposal status of contract award, and service rating. Service ratings of service providers shall be a derived rating established by OGS and the Company Meetings, Administrative and Reporting Requirements The Company will be responsible for the completion of a variety of administrative and reporting requirements, the cost of which shall be included in the Company s Management Fee. The Company shall take and distribute minutes at all meetings. a. Initial Contract Meeting: The Company shall be available for an initial job meeting with OGS to review but not be limited to the following: OGS facility use rules, the contract communication chain of command, a review of the Company s transition team implementation plan, review of emergency contact directory. b. The Company s Property Manager will chair monthly tenant meetings at the facility with a representative of each facility tenant. The agenda shall include but not be limited to: i. Review status and quality of work for Capital, Rehabilitation and Improvement, and Repair/Maintenance projects, Page 23 of 40

24 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY ii. Review operational and maintenance issues that may affect the facility occupants (i.e.: power shutdowns, elevator maintenance requiring closing down one or more cars, HVAC issues, carpet shampooing, etc.), iii. Housekeeping issues (custodial service complaints, recently completed and/or planned project work, etc.), iv. Tenant Health and Safety Issues, v. New Business. c. Periodic meetings with OGS as requested by OGS to review the following; i. Review building maintenance services progress and quality of work. ii. Identify and resolve problems. iii. Coordinate the efforts of all concerned so that the contract progresses smoothly. iv. Maintain a professional working relationship between the Company, OGS and tenants of the building. v. Review and participate in resolving any misunderstandings of the contract. vi. Review and implement working procedures that provide building services at a level satisfactory to OGS and the tenants Recordkeeping Establish and maintain orderly books, records and files; containing reports, insurance policies, correspondence, receipted bills, contracts, vouchers and all other documents and papers pertaining to the Facility and the operation and maintenance thereof. 5.3 Operation and Maintenance Responsibilities Staffing The Company s staffing plan shall include but not be limited to providing the following services; a. Building Management, b. Emergency Response, c. Routine Preventative Maintenance, d. Repairs and Improvements, e. Financial Administration and Reporting, f. Use of sub-contractors. The Company s response to this RFP shall include a detailed staffing plan. The staffing plan format and specific content is left up to the discretion of the proposer. However, please note that the staffing plan will be used by OGS to help rate the Company s qualifications for performing the RFP requirements Maintain Building Premises Maintain the building premises in such condition as required by this solicitation and as otherwise may be deemed advisable by the State including preventative maintenance on the building and equipment, painting, interior and exterior cleaning, and causing routine repairs and incidental alterations of the Building to be made, including, but not limited to, electrical, plumbing, steamfitting, carpentry, masonry, elevator and any other routine repairs and incidental alterations as may be required in the course of ordinary maintenance and care of the Building. Page 24 of 40

25 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY Where specifications or standards are not included herein or later provided by OGS, maintenance shall be in accordance with manufacturer s recommendations and standards. OGS, and the respective occupying agency, reserve the right to engage the services of contractors to service or install agency specific equipment or make alterations. In these instances, the Building Operation, Maintenance & Management Services Company will cooperate with the agencies and such contractors at no additional cost Maintenance and Repairs Ensure that maintenance and repairs are performed by trained technicians and shall not interfere with the operations of the tenants. The Company will advise the OGS Regional Director or his designee of parts needed. The Company will order and receive the parts and take all necessary precaution to secure the parts. The Company will supply all tools and equipment needed to perform the services and repairs outlined herein including, Genie lifts, Man Lifts, Forklifts etc, as well as power tools considered to be commonly used for routine building maintenance. Company will maintain a physical inventory of supplies and tools on hand at all times Equipment Replacement Ensure that any equipment to be replaced shall be new and manufactured by a reputable manufacturer. The equipment shall be the same as, better than or equal to the original equipment. All substitutes for the original manufacturer s equipment related to the upgrading of the equipment should be ENERGY STAR compliant New Equipment Guarantee Ensure that any new equipment be guaranteed for a minimum of one (1) year from the date of replacement and replaced at no cost to the State if found defective during that time. The Company shall obtain cost estimates for extended warranties on new installations and consult with OGS regarding the purchase of such contracts Capital Repairs and Improvements When OGS makes the request, the Company shall advance capital repair and/or improvement projects. The Company s role in advancing such projects shall either be as a construction manager or a general contractor. a. As a Construction Manager, the Company shall be responsible for the entire project from design through construction. The company shall engage architectural/engineering services when necessary to prepare construction documents. They shall also negotiate proposals, enter into contract(s) to advance the construction work, supervise construction, and authorize payments. The actual, fair, reasonable, and necessary projects costs shall be a pass-through expense funded by OGS and/or the tenant agency, Consideration for the Company s services rendered shall be provided to the Company as follows; i. If the Company s construction management services described above are provided by an employee already compensated from the established Operating Expense Account, then the Company will not receive additional fees, ii. If the Company s construction management services described above is provided by an employee not already compensated from the established Operating Expense Account, then the Company shall receive a project-by-project negotiated fee, not-to-exceed 5% of the total project cost. b. When the Company or a subsidiary of the company performs as a General Contractor (employees performing the work), the Company shall prepare a detailed construction estimate and schedule of the requested project, for approval by OGS. Additional compensation for oversight/construction management work in this category will not be provided to the Company. Page 25 of 40

26 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY Tenant Applications When requested by the occupying tenant through OGS, the Company shall, from time to time, perform Tenant Applications, whereby, the Company may assess the request as within the scope of work to be done by on site employees (i.e.: install/remove keyboard trays, install bulletin boards, install wall guards, repairing an outlet, moving an outlet, etc.). The Company, the occupying tenant, and OGS, shall consult with each other in good faith to determine whether such work shall be completed by in-house staff at no cost or for an agreed upon consideration and such determination will be made prior to the commencement of any work. Capital improvements may be designed and/or supervised by OGS or its representatives. In such instances the Company shall provide full cooperation to OGS and related contractors for no additional fee New York State Toxic Substance Act In accordance with the New York State Toxic Substance Act (Right-to-Know Law) and the United States Occupational Safety and Health Administration's Hazard Communication Standard, the State has established and implemented a Right-to-Know/Hazard Communication Program. The Company shall provide information and training to advise employees of the Building Operation, Maintenance & Management Services Company and all tenants of potentially hazardous substances known to be in the work place. Part of this information is a collection of Material Safety Data Sheets (MSDS) for all chemicals used by contract vendors. Before any chemical product is used on or in the building, a copy of the product label and Material Safety Data Sheet must be provided to and approved by OGS and the occupying Tenant Safety Committee s before any chemical product is applied Executive Order No. 4 Be familiar with, implement, and maintain the cleaning of the building in conformance with Executive Order No. 4, to the same extent as if the Company were an entity legally bound by the terms of such Executive Order, whereby cleaning products procured and used must have properties that minimize potential impacts to human health and the environment. Specific information and guidelines to aid in compliance are currently available at: Consultation and guidance will be available through the Office of General Services (OGS) upon request Health, Safety and Environmental Rules Be familiar with Safety, Health and Environmental rules and regulations including, but not limited to: conducting routine inspections of the building, maintaining equipment guarding in accordance to OSHA standards to ensure the safe and continuous operation of the building, and performing a minimum of two (2) Fire Evacuation drills per year Emergency Services Provide emergency services as needed on a twenty-four (24) hour, seven (7) days a week basis. The Company agrees to provide an emergency telephone service on a twenty-four (24) hour, seven (7) days a week basis. From the time of the call by the State, or its designee, the Company s representative has a maximum of one hour to respond on site at the Facility to address the emergency United States (US) Environmental Protection Agency (EPA) Energy Star ENERGY STAR is a joint program of the US Environmental Protection Agency and the US Department of Energy helping us all save money and protect the environment through energy efficient products and practices. OGS shall file an Environmental Protection Agency Portfolio Manager survey, a web-based energy usage breakdown for buildings. Portfolio Manager is an interactive energy management tool that allows one to track and assess energy and water consumption of buildings in a secure online environment. OGS shall set-up the Portfolio Manager account that may be shared with the Company. Page 26 of 40

27 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY OGS may request assistance from the Company with data gathering, data entry, meter readings or any function required to report in Portfolio Manager. This will enable the Company and OGS to analyze consumption patterns, and adapt efficiency strategies to have the maximum impact. The Program rates annual energy performance on a scale of relative to similar buildings nationwide. Statistically representative models are used to compare buildings in the portfolio against similar buildings from a national survey conducted by the Department of Energy s Energy Information Administration. A score of 50 indicates that the building, from an energy consumption standpoint, performs better than 50% of all similar buildings nationwide, while a score of 75 indicates that the building performs better than 75% of all similar buildings nationwide. Buildings with a score of 75 or higher may qualify for EPA s ENERGY STAR. Starting from commencement of the contract resulting from this solicitation, it is expected that the Company shall operate the building(s) as safely, economically and efficiently as possible to obtain the highest achievable ENERGY STAR score without compromising industry standards of HVAC and lighting standards. OGS Statewide Energy Group personnel shall prepare and certify the annual Statement of Energy Performance (ENERGY STAR application) in consultation with an OGS or other Professional Engineer or Registered Architect. 5.4 Budgetary Responsibilities Capital Plans and Budgets Provide five year Capital Plans and Budgets based upon a thorough assessment of all building systems and components on an annual basis Develop Annual Budgets Based on the line items listed in Section Provide Full Service, develop annual operating and preventative maintenance budgets for submission to and approval by OGS. For each operating period after the initial operating period (see below), said budgets must be submitted by September 10th for the following March through February operating period, and list the services and budgeted expenses on a monthly and annual basis. Budgets must be accompanied by detailed budget descriptions of projected additions or deletions Operating Expense Account The Company shall set up and maintain in a fiduciary capacity at a bank doing business in the State of New York, an interest bearing Operating Expense Account funded by New York State. The state shall be entitled to all interest earned on its designated funds. Funds in the Operating Expense Account shall be used to purchase all contractual services, supplies and replacement equipment which shall be necessary to properly maintain and operate the Facility (and which is not a capital improvement), as specified in the Budget. The cost of such items shall be net of any discounts or commissions obtained for purchases. Operating Expenses shall be net only, and for that purpose shall be reduced by the amounts of any reimbursement, recovery, recoupment, payment, discount, credit, reduction, allowance, or the like, received by the Company in connection with such Operating Expenses. The annual budget period for Operating Expenses shall be March 1 through February 28. Within (30) days of the execution of the contract, the State shall make, or cause to be made the first semi-annual payment into the Operating Expense account. Should the commencement of services begin prior to September 1 st, or after September 1 st, the budget will be adjusted accordingly to reflect that change. Thereafter, the state shall make or cause to be made semi-annual payments into the Operating Expense Account equal to one-half the estimated Operating Expenses for each applicable operating period by March 1 and September 1. If at any time during a budget year the Company reasonably believes that the amount in the operating is or will be insufficient to pay the remaining obligations of the account for the balance of the operating year, Page 27 of 40

28 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY the Company shall immediately notify the State of the projected deficiency along with any invoice(s) that detail the cause. The State shall make payment to this account after the approval of said invoice(s). Within ninety (90) days after the end of each operating period (by May 31 st ), the Company shall contract with an independent third party to perform and submit a yearly audit of the actual Operating Expenses incurred with respect to the building for the preceding operating period (March 1 to February 28), audit size and type to be determined by the OGS representative. In the event that such audit discloses that the payment made, plus all interest earned thereon, exceeded the amount of the Operating Expenses actually incurred during the operating period in question, the excess shall be credited against the next operating expense payment due from the State. a. The Company shall procure goods and services using commercially reasonable and prudent practices to obtain the most favorable price and terms. For purchases or contracts less than Five Thousand Dollars ($5,000), the Company will obtain and document a minimum of three verbal quotes. For contracts more than Five Thousand Dollars ($5,000), but less than Fifteen Thousand Dollars ($15, 000), the Company will obtain written proposals or proposals from at least three (3) responsible service providers before selecting the best price and terms. Prior OGS approval is required for the solicitations for all contracts for repairs, capital improvements, goods and services exceeding Fifteen Thousand Dollars ($15,000). No one contract will exceed the period of one year without the prior consent of the State. The following conditions apply to competitive bidding: b. Each proposal will be solicited in a form and manner so that proposal solicitation will be uniform in all proposals. c. All proposal solicitations will, when possible, include a Minority/Women Business Enterprise (MWBE) participation clause and such inclusion should be documented for future reference. A listing of certified MWBE s will be available from OGS to the winning proposer. d. If the Company desires to accept other than the lowest bid, or where competitive proposals are not possible, justification must be provided to the State for required prior approval. e. OGS shall be free to accept or reject any contract submitted for State s approval. f. All proposals shall be controlled and not opened until the time and date specified in the solicitation. The Company will maintain documentation of the solicitation, if any, and of contract awards. INITIAL OPERATING PERIOD - For the purpose of this solicitation, the current estimated Operating Expenses (without the Proposers Management Fee or on-site employee compensation) for the first annual period (3/01/11 through 2/28/12) has been established. In subsequent years a budget will be submitted by the new Company under the terms and conditions stated below. The Building Operations, Maintenance and Management Company shall, at least one hundred eighty (180) days prior to the commencement of each budget period, submit an annual estimated Operating Expense budget for the subsequent operating period for the State s approval. Building Operation, Maintenance & Management Company and the State may change the estimated amount of Operating Expenses to be placed in the Operating Expense Account at any time by mutual consent. In the event that the Company and the State do not agree on another amount before the date for any payment referred to above, the State shall pay into the Operating Expense Account on or before the required date an amount equal to one-half the aggregate of the Operating Expense payments for the preceding operating period increased by 3% of such prior operating period s payment. Any monies remaining in this account at the end of the contract are to be transferred back to New York State within thirty days (30), after all obligations have been made Verify Payments Maintain a log and certify all hours of work completed by all employees and subcontractors. Review all bills received for services, work, and supplies ordered in connection with maintaining and operating the building premises and cause such bills to be paid from the Operating Expense Account. Page 28 of 40

29 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY Report of Expenses Reconcile the Operating Expense Account monthly, and submit the preceding month s report within the first 10 calendar days of the subsequent month, to OGS and the appropriate tenant agency(ies). The report shall also identify line item variances. When necessary, develop plans to address any possible funding shortfalls. Page 29 of 40

30 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY 6. Contract Clauses and Requirements 6.1 Appendix A / Order of Precedence Appendix A Standard Clauses for New York State Contracts, dated June 2006, attached hereto, is hereby expressly made a part of this solicitation document as fully as if set forth at length herein. Appendix A is a separate document to this RFP and shall be retained for reference by the proposer. The agreement resulting from a successful award will include the following documents. Conflicts between these documents will be resolved in the following descending order of precedence: 1. Appendix A 2. The Contract 3. Solicitation Number 1627 (This Document) 4. Selected Contractor s Proposal 6.2 Procurement Lobbying Requirement Pursuant to State Finance Law 139-j and 139-k, this solicitation includes and imposes certain restrictions on communications between OGS and an Offerer/Proposer during the procurement process. An Offerer/Proposer is restricted from making contacts from the earliest notice of intent to solicit offers/proposals through final award and approval of the Procurement Contract by OGS and, if applicable, the Office of the State Comptroller ( restricted period ) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law 139-j (3) (a). Designated staff, as of the date hereof, is identified on the first page of this solicitation. OGS employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Offerer/Proposer pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a four-year period, the Offerer/Proposer is debarred from obtaining governmental Procurement Contracts. Further information about these requirements can be found on the OGS website: Contractor Insurance Requirements Prior to the commencement of the work to be performed by the Contractor hereunder, the Contractor shall file with The People of the State of New York, Office of General Services (hereinafter referred to as OGS ), Certificates of Insurance (hereinafter referred to as Certificates ), evidencing compliance with all requirements contained in this Contract. Such Certificates shall be of a form and substance acceptable to OGS. Certificate acceptance and/or approval by OGS does not and shall not be construed to relieve Contractor of any obligations, responsibilities or liabilities under the Contract. All insurance required by the Contract shall be obtained at the sole cost and expense of the Contractor; shall be maintained with insurance carriers acceptable to OGS; shall be primary and non-contributing to any insurance or self insurance maintained by OGS; shall be endorsed to provide written notice be given to OGS, at least thirty (30) days prior to the cancellation, non-renewal, or material alteration of such policies, which notice, evidenced by return receipt of United States Certified Mail; shall be sent to Office of General Services, Purchasing Unit, Corning Tower, 40 th Floor, Empire State Plaza, Albany, New York and shall name The People of the State of New York, its officers, agents, and employees as additional insureds there under (General Liability Additional Insured Endorsement shall be on Insurance Service Office s (ISO) form number CG ). The additional insured requirement does not apply to Workers Compensation, Disability or Professional Liability coverage. Page 30 of 40

31 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY The Contractor shall be solely responsible for the payment of all deductibles and self-insured retentions to which such policies are subject. Deductibles and self-insured retentions must be approved by OGS. Such approval shall not be unreasonably withheld. The Contractor shall require that any subcontractors hired, carry insurance with the same limits and provisions provided herein. 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 OGS and rated at least A- Class VII in the most recently published Best s Insurance Report. The Contractor shall cause all insurance to be in full force and effect as of the commencement date of this Contract and to remain in full force and effect throughout the term of this Contract and as further required by this Contract. The Contractor shall not take any action, or omit to take any action that would suspend or invalidate any of the required coverages during the period of time such coverages are required to be in effect. Not less than thirty (30) days prior to the expiration date or renewal date, the Contractor shall supply to OGS updated replacement Certificates of Insurance, and amendatory endorsements. The Contractor, throughout the term of this Contract, or as otherwise required by this Contract, shall obtain and maintain in full force and effect, the following insurance with limits not less than those described below and as required by the terms of this Contract, or as required by law, whichever is greater (limits may be provided through a combination of primary and umbrella/excess policies): a. Commercial General Liability Insurance with a limit of not less than $5,000,000 each occurrence. Such liability shall be written on the ISO occurrence form CG 00 01, or a substitute form providing equivalent coverages and shall cover liability arising from premises operations, independent contractors, products-completed operations, broad form property damage, personal & advertising injury, cross liability coverage, liability assumed in a contract (including the tort liability of another assumed in a contract) and explosion, collapse & underground coverage. i. If such insurance contains an aggregate limit, it shall apply separately on a per job or per project basis. b. Comprehensive Business Automobile Liability Insurance with a limit of not less than $2,000,000 each accident. Such insurance shall cover liability arising out of any automobile including owned, leased, hired and non-owned automobiles. c. If the work involves abatement, removal, repair, replacement, enclosure, encapsulation and/or disposal of any petroleum, petroleum product, hazardous material or substance, the Contractor shall maintain in full force and effect throughout the term hereof, pollution legal liability insurance with limits of not less than $5,000,000, providing coverage for bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured. Such policy shall provide coverage for actual, alleged or threatened emission, discharge, dispersal, seepage, release or escape of pollutants, including any loss, cost or expense incurred as a result of any cleanup of pollutants or in the investigation, settlement or defense of any claim, suit, or proceedings against OGS arising from Contractors work. i. If coverage is written on a claims-made policy, the Contractor warrants that any applicable retroactive date precedes the effective date of this Contract; and that continuous coverage will be maintained, or an extended discovery period exercised, for a period of not less than two years from the time work under this Contract is completed. ii. If the Contract includes disposal of materials from the job site, the Contractor must furnish to OGS, evidence of pollution legal liability insurance in the amount of $2,000,000 maintained by the disposal site operator for losses arising from the disposal site accepting waste under this Contract. Page 31 of 40

32 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY iii. If autos are used for transporting hazardous materials, the Contractor shall provide pollution liability broadened coverage for covered autos (endorsement CA 99 48) as well as proof of MCS 90. d. If providing professional services, the Contractor shall maintain, or if subcontracting professional services, shall certify that Subcontractor maintain, errors and omissions liability insurance with a limit of not less than $5,000,000 per loss. i. Such insurance shall apply to professional errors, acts, or omissions arising out of the scope of services covered by this Contract and, if the project involves abatement, removal, repair, replacement, enclosure, encapsulation and/or disposal of any hazardous material or substance, it may not exclude bodily injury, property damage, pollution or asbestos related claims, testing, monitoring, measuring, or laboratory analyses. ii. If coverage is written on a claims-made policy, the Contractor warrants that any applicable retroactive date precedes the effective date of this Contract; and that continuous coverage will be maintained, or an extended discovery period exercised, for a period of not less than two years from the time work under this Contract is completed. e. Waiver of Subrogation. Contractor shall cause to be included in each of its policies insuring against loss, damage or destruction by fire or other insured casualty a waiver of the insurer s right of subrogation against OGS, or, if such waiver is unobtainable (i) an express agreement that such policy shall not be invalidated if Contractor waives or has waived before the casualty, the right of recovery against OGS or (ii) any other form of permission for the release of OGS. Contractor acknowledges that failure to obtain any or all required insurance on behalf of OGS constitutes a material breach of contract and subjects it to liability for damages, indemnification and all other legal remedies available to OGS. f. WORKERS COMPENSATION / DISABILITY INSURANCE: Workers Compensation, Employer s Liability, and Disability Benefits meeting all New York State statutory requirements are required. If coverage is obtained from an insurance company through an insurance policy, the policy shall provide coverage for all states of operation that apply to the performance of the contract. In addition, if employees will be working on, near or over navigable waters, coverage provided under the US Longshore and Harbor Workers Compensation Act must be included. Also, if the contract is for temporary services, or involves renting equipment with operators, the Alternate Employer Endorsement, WC A, must be included on the policy naming the People of the State of New York as the alternate employer. PROOF of COMPLIANCE WITH WORKERS COMPENSATION COVERAGE REQUIREMENTS: ACORD forms are 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, contractors shall: i. Be legally exempt from obtaining workers compensation insurance coverage; or ii. Obtain such coverage from insurance carriers; or iii. Be a Board-approved self-insured employer or participate in an authorized self-insurance plan. Page 32 of 40

33 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY Contractors seeking to enter into contracts with the State of New York shall provide one of the following forms to the Office of General Services at the time of proposal submission or shortly after the opening of proposals: i. 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 ( ); or ii. Certificate of Workers Compensation Insurance: Form C (9/07) if coverage is provided by the contractor s insurance carrier, contractor must request its carrier to send this form to the New York State Office of General Services; 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 New York State Office of General Services; or Certificate of Workers Compensation Self-Insurance - Form SI-12, available from the New York State Workers Compensation Board s Self-Insurance Office; or Certificate of Participation in Workers Compensation Group Self-Insurance Form GSI-105.2, available from the contractor s Group Self-Insurance Administrator. 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, contractors shall: i. Be legally exempt from obtaining disability benefits coverage; or ii. Obtain such coverage from insurance carriers; or iii. Be a Board-approved self-insured employer. Contractors seeking to enter into contracts with the State of New York shall provide one of the following forms to the Office of General Services at the time of proposal submission or shortly after the opening of proposals: i. 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 ( or ii. Form DB-120.1, Certificate of Disability Benefits Insurance. Contractor must request its business insurance carrier to send this form to the New York State Office of General Services; or Page 33 of 40

34 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY iii. Form DB-155, Certificate of Disability Benefits Self-Insurance. The Contractor must call the Board s Self-Insurance Office at to obtain this form. All forms must name the Office of General Services Financial Administration, 40th Floor, Mayor Erastus Corning 2 nd Tower, Empire State Plaza, Albany NY 12242, as the Entity Requesting Proof of Coverage (Entity being listed as the Certificate Holder). G. EMPLOYEE DISHONESTY COVERAGE Employee dishonesty coverage on money, securities or property other than money and securities including property in the care custody or control of the contractor in an amount of $2,000,000. The coverage shall include all employees including contract and temporary, whether identified or not, acting alone or in collusion with others at the 625 Broadway locations in Albany, NY. H. EMPLOYEE DISHONESTY COVERAGE Employee dishonesty coverage on money, securities or property other than money and securities including property in the care custody or control of the contractor in an amount of $1,500,000. The coverage shall include all employees including contract and temporary, whether identified or not, acting alone or in collusion with others at the 50 Wolf Rd location in Albany NY. 6.4 Tax and Finance Clause TAX LAW 5-A: Section 5-a of the Tax Law, as amended, effective April 26, 2006, requires certain contractors awarded state contracts for commodities, services and technology valued at more than $100,000 to certify to the Department of Taxation and Finance (DTF) that they are registered to collect New York State and local sales and compensating use taxes. The law applies to contracts where the total amount of such contractors sales delivered into New York State are in excess of $300,000 for the four quarterly periods immediately preceding the quarterly period in which the certification is made, and with respect to any affiliates and subcontractors whose sales delivered into New York State exceeded $300,000 for the four quarterly periods immediately preceding the quarterly period in which the certification is made. This law imposes upon certain contractors the obligation to certify whether or not the contractor, its affiliates, and its subcontractors are required to register to collect state sales and compensating use tax and contractors must certify to DTF that each affiliate and subcontractor exceeding such sales threshold is registered with DTF to collect New York State and local sales and compensating use taxes. The law prohibits the State Comptroller, or other approving agency, from approving a contract awarded to a contractor meeting the registration requirements but who is not so registered in accordance with the law. Contractor certification forms and instructions for completing the forms are attached to this RFP. Form ST-220-TD must be filed with and returned directly to DTF. Unless the information upon which the ST- 220-TD is based changes, this form only needs to be filed once with DTF. If the information changes for the contractor, its affiliate(s), or its subcontractor(s) a new Form ST-220-TD must be filed with DTF. Form ST-220-CA must be filed with the proposal and submitted to the procuring covered agency certifying that the contractor filed the ST-220-TD with DTF. Proposed contractors should complete and return the certification forms within two business days of request (if the forms are not completed and returned with proposal submission). Failure to make either of these filings may render a Proposer nonresponsive and non-responsible. Proposers shall take the necessary steps to provide properly certified forms within a timely manner to ensure compliance with the law. Vendors may call DTF at for any and all questions relating to Section 5-a of the Tax Law and relating to a company's registration status with the DTF. For additional information and frequently asked questions, please refer to the DTF web site: < Page 34 of 40

35 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY 6.5 Participation Opportunities for New York State Certified Minorities and Women-Owned Businesses In accordance with Article 15-A of the New York State Executive Law and regulations adopted pursuant thereto, OGS has established separate goals for participation of New York State Certified minority and women-owned business enterprises for all State contracts. OGS is required to implement the provisions of Article 15-A and 5 NYCRR Part 143 for all State contracts (1) in excess of $25,000 for labor, services, equipment, materials, or any combination of the foregoing and (2) in excess of $100,000 for real property renovations and construction. For purposes of this procurement, OGS hereby establishes a goal of 10% for Minority-owned Business Enterprises (MBE) participation and 10% for Women-owned Business Enterprises (WBE) participation. As a condition of this procurement, the contractor and OGS agree to be bound by the provisions of 316 of Article 15-A of the New York State Executive Law regarding enforcement. Contractors must document good faith efforts to provide meaningful participation by New York State Certified M/WBE subcontractors or suppliers in the performance of this contract. For guidance on how OGS will determine a contractor s good faith efforts, refer to 5 NYCRR Additionally, Offerors must refer to Appendix C of this document for a list of forms that must be provided in order to fully comply with Article 15-A of the New York State Executive Law and 5 NYCRR Part Freedom of Information Law / Trade Secrets During the evaluation process, the content of each proposal/proposal will be held in confidence and details of any proposal/proposal will not be revealed (except as may be required under the Freedom of Information Law or other State law). The Freedom of Information Law provides for an exemption from disclosure for trade secrets or information the disclosure of which would cause injury to the competitive position of commercial enterprises. This exception would be effective both during and after the evaluation process. SHOULD YOU FEEL YOUR FIRM S PROPOSAL/PROPOSAL CONTAINS ANY SUCH TRADE SECRETS OR OTHER CONFIDENTIAL OR PROPRIETARY INFORMATION, YOU MUST SUBMIT A REQUEST TO EXCEPT SUCH INFORMATION FROM DISCLOSURE. SUCH REQUEST MUST BE IN WRITING, MUST STATE THE REASONS WHY THE INFORMATION SHOULD BE EXCEPTED FROM DISCLOSURE AND MUST BE PROVIDED AT THE TIME OF SUBMISSION OF THE SUBJECT INFORMATION. REQUESTS FOR EXEMPTION OF THE ENTIRE CONTENTS OF A PROPOSAL/PROPOSAL FROM DISCLOSURE HAVE GENERALLY NOT BEEN FOUND TO BE MERITORIOUS AND ARE DISCOURAGED. KINDLY LIMIT ANY REQUESTS FOR EXEMPTION OF INFORMATION FROM DISCLOSURE TO BONA FIDE TRADE SECRETS OR SPECIFIC INFORMATION, THE DISCLOSURE OF WHICH WOULD CAUSE A SUBSTANTIAL INJURY TO THE COMPETITIVE POSITION OF YOUR FIRM. 6.7 General Requirements a. The Proposer agrees to adhere to all State and Federal laws and regulations in connection with the contract. b. The Proposer agrees to notify the Office of General Services of any changes in the legal status or principal ownership of the firm, forty five (45) days in advance of said change. c. The Proposer agrees that in any contract resulting from this RFP it shall be completely responsible for its work, including any damages or breakdowns caused by its failure to take appropriate action. d. The Proposer agrees that any contract resulting from this RFP may not be assigned, transferred, conveyed or the work subcontracted without the prior written consent of the Commissioner of General Services. Page 35 of 40

36 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY e. For reasons of safety and public policy, in any contract resulting from this RFP, the use of illegal drugs and/or alcoholic beverages by the Contractor or its personnel shall not be permitted while performing any phase of the work herein specified. f. For purposes of any contract resulting from this RFP, the State will not be liable for any expense incurred by the Contractor for any parking fees or as a consequence of any traffic infraction or parking violations attributable to employees of the Contractor. g. The Commissioner s interpretation of specifications shall be final and binding upon the Contractor. h. The Commissioner of General Services will make no allowance or concession to the Proposer for any alleged misunderstanding because of quantity, quality, character, location or other conditions. i. Should it appear that there is a real or apparent discrepancy between different sections of specifications concerning the nature, quality or extent of work to be furnished, it shall be assumed that the Proposer has based its proposal on the more expensive option. Final decision will rest with the Commissioner of General Services. j. INSPECTION For purposes of any contract resulting from this RFP, the quality of service is subject to inspection and may be made at any reasonable time by the State of New York. Should it be found that quality of services being performed is not satisfactory and that the requirements of the specifications are not being met, the Commissioner of the Office of General Services may terminate the contract and employ another contractor to fulfill the requirements of the contract. The existing Contractor shall be liable to the State of New York for costs incurred on account thereof. k. STOP WORK ORDER - The Commissioner of General Services reserves the right to stop the work covered by this RFP and any contract(s) resulting therefrom at any time that it is deemed the successful proposer is unable or incapable of performing the work to the state s satisfaction. In the event of such stopping, the Office of General Services shall have the right to arrange for the completion of the work in such manner as it may deem advisable and if the cost thereof exceeds the amount of the proposal, the successful Proposer shall be liable to the State of New York for any such costs on account thereof. In the event that the Office of General Services issues a stop work order for the work as provided herein, the Contractor shall have ten (10) working days to respond thereto before any such stop work order shall become effective. l. It is the Contractor's responsibility to maintain the equipment and materials provided for the work consistent with applicable safety and health codes. m. The Office of General Services reserves the right to reject and bar from the facility any employee hired by the Contractor. 6.8 Contract Terms All provisions and requirements of, Appendix A Standard Clauses for New York State Contracts, which is attached hereto and forms a part hereof, will be incorporated into any contract resulting from this Solicitation, and will be binding upon the parties to such contract. All provisions and requirements, which are attached hereto and form a part hereof, will be incorporated into any contract resulting from this Solicitation, and will be binding upon the parties to such contract. It is stipulated and agreed by the parties that the law of the State of New York shall solely and in all respects govern with relation to any dispute, litigation, or interpretation arising out of or connected with any contract resulting from this Solicitation. Any contract resulting from this Solicitation shall not be deemed executed, valid or binding unless and until approved in writing by the Attorney General and the Comptroller of the State of New York. Page 36 of 40

37 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY 6.9 Subcontractors The Contractor s use of subcontractors shall not diminish the Contractor s obligations to complete the work in accordance with the contract. The Contractor shall coordinate and control the work of the subcontractors. The Contractor shall be responsible for informing the subcontractors of all terms, conditions, and requirements of the Contract Documents including, but not limited to the General Conditions and Requirements. During the term of the Contract, before any part of the contract shall be sublet, the Contractor shall submit to the OGS Director of Building Administration and the OGS Regional Director or their designee, 39th Floor, Corning Tower Building, Governor Nelson A. Rockefeller Empire State Plaza, Albany, New York 12242, in writing, the name of each proposed subcontractor and obtain written consent to such subcontractor. The names shall be submitted in ample time to permit acceptance or rejection of each proposed subcontractor without causing delay in the work of this contract. The Contractor shall promptly furnish such information as the Directors may require concerning the proposed subcontractor's ability and qualifications Procurement Rights The State of New York reserves the right to: a. Reject any and all proposals received in response to this RFP. b. Disqualify a Proposer from receiving the award if the Proposer, or anyone in the Proposer's employ, has previously failed to perform satisfactorily in connection with public bidding or contracts. c. Waive or modify minor irregularities in proposals received, after prior notification to the Proposer. d. Adjust any Proposer's expected costs of the bid price based on a determination of the evaluation committee that the selection of the said Proposer will cause the State to incur additional costs. e. Utilize any and all ideas submitted in the proposals received. f. Negotiate with Proposers responding to this RFP within the RFP requirements to serve the best interests of the State. g. The State may begin contract negotiations with another bidding Contractor(s) in order to serve the best interests of the State of New York should the State of New York be unsuccessful in negotiating a contract with the selected Contractor within 21 days of selection notification. h. The State is not liable for any cost incurred by a Proposer in the preparation and production of a proposal or for any work performed prior to the issuance of a contract. i. Waive any non-material requirement not met by all Proposers. j. Not make an award from this RFP. k. If two or more offers are found to be substantially equivalent, the Commissioner of OGS, at his sole discretion, will determine award. l. The State reserves the right to make multiple contract awards pursuant to the RFP. m. OGS retains the right to have any service completed via separate competitive bid or other means, as determined to be in the best interest of the State. n. Seek clarifications of proposals. o. Make an award under this RFP in whole or in part. Please Note: The State is not liable for any cost incurred by a Proposer in the preparation and production of a proposal or for any work performed prior to the issuance of a contract. Page 37 of 40

38 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY 6.11 Extent of Services OGS reserves the right to re-negotiate at its discretion, to reduce the amount of services provided under any contract resulting from this solicitation. This reduction in services shall be effectuated by written amendment to the contract and subject to approval by the Office of the State Comptroller Debriefings Proposers will be accorded fair and equal treatment with respect to their opportunity for debriefing. Prior to contract award, OGS shall, upon request, provide a debriefing which would be limited to review of that proposer's bid or proposal. After contract award, OGS shall, upon request, provide a debriefing to any bidder that responded to the solicitation, regarding the reason that the proposal or proposal submitted by the unsuccessful bidder was not selected for a contract award. The post award debriefing should be requested by the bidder within thirty days of contract approval as posted on the OSC website (web address below) Termination A) Termination The Office of General Services may, upon thirty (30) days notice, terminate the contract resulting from this RFP/IFB in the event of the awarded Bidder s failure to comply with any of the proposal s requirements unless the awarded Bidder obtained a waiver of the requirement. In addition, OGS may also terminate any contract resulting from this RFP/IFB upon ten (10) days written notice if the Contractor makes any arrangement or assignment for the benefit of the creditors. Furthermore, OGS shall have the right, in its sole discretion, at any time to terminate a contract resulting from this RFP/IFB, or any unit portion thereof, with or without cause, by giving thirty (30) days written notice of termination to the Contractor. Any termination by OGS under this Section shall in no event constitute or be deemed a breach of any contract resulting from this RFP/IFB and no liability shall be incurred by or arise against the Office of General Services, its agents and employees therefore for lost profits or any other damages. B.) Procurement Lobbying Termination The Office of General Services reserves the right to terminate this Agreement in the event it is found that the certification filed by the Contractor in accordance with New York State Finance Law 139-k was intentionally false or intentionally incomplete. Upon such finding, the Office of General Services may exercise its termination right by providing written notification to the Contractor in accordance with the written notification terms of this Agreement. Page 38 of 40

39 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY 6.14 NYS Standard Vendor Responsibility Questionnaire Contractor agrees to fully and accurately complete the NYS Standard Vendor Responsibility Questionnaire, which is attached as part of Appendix B hereto and hereby incorporated by reference and made a part hereof as fully as set forth at length herein (hereinafter the Questionnaire ). The Contractor acknowledges that the State s execution of any Agreement resulting from this RFP is contingent upon the State s determination that the Contractor is responsible, and that the State will be relying upon the Contractor s responses to the Questionnaire in making that determination. The parties agree that if it is found by the State that the Contractor s responses to the Questionnaire were intentionally false or intentionally incomplete, on such finding, OGS may terminate the Agreement resulting from this RFP by providing ten (10) days written notification to the Contractor. In no case shall the State s termination hereunder be deemed a breach of the Agreement resulting from this RFP, nor shall the State be liable for any damages for lost profits or otherwise, which may be sustained by the Contractor as a result of such a termination Ethics Compliance All proposers/contractors and their employees must comply with the requirements of 73 and 74 of the Public Officers Law, other state codes, rules, regulations, and executive orders establishing ethical standards for the conduct of business with New York State. In signing the Contract, the Contractor certifies full compliance with those provisions for any present or future dealings, transactions, sales, contracts, services, offers, relations, etc., involving New York State and/or its employees. Failure to comply with those provisions may result in disqualification from the bidding process, termination of contract, and/or other civil or criminal proceedings as required by law OSHA Training Requirements (Occupational Safety & Health Administration) OGS FACILITY MANAGER S OBLIGATIONS Prior to beginning contract work/work assignment, the OGS Facility Manager shall inform the Contractor/Contractor s representative(s) of the known specific hazard(s) and chemical(s) they may encounter while performing their contract obligations. The Contractor/Contractor s Representative(s) shall be responsible for information about the use of Personal Protective Equipment required for the work and where to get the specific items. CONTRACTOR / CONTRACT EMPLOYEE OBLIGATIONS General Contract Obligations: Prior to or upon first reporting to the work location for assignment, the Contractor/Contractor employee(s) and employees of Sub-Contractors shall present to the OGS Facility Manager proof of completion of the OSHA required training for the following three (3) topic areas including but not limited to: a. Affected Person Lockout/Tagout, b. Hazard Communication, c. The use of Personal Protective Equipment. It is the Contractor s responsibility to provide the OGS Facility Manager with all employee updates and/or renewals for the specified training. Note: Contractor s / Contractor s Employee(s) failure to provide such documentation to the OGS Facility Manager upon or prior to employee reporting to their initial work assignment shall result in the OGS Facility Manager rejecting the employee(s). Page 39 of 40

40 New York State Office of General Services Solicitation Number 1627 Building Operations, Maintenance & Management Services Albany, NY 6.17 Indemnification The Contractor shall assume all risks of liability for its performance, or that of any of its officers, employees, subcontractors or agents, of any contract resulting from this Solicitation and shall be solely responsible and liable for all liabilities, losses, damages, costs or expenses, including attorney's fees, arising from any claim, action or proceeding relating to or in any way connected with the performance of this Agreement and covenants and agrees to indemnify and hold harmless the State of New York, its agents, officers and employees, from any and all claims, suits, causes of action and losses of whatever kind and nature, arising out of or in connection with its performance of any contract resulting from this Solicitation, including negligence, active or passive or improper conduct of the Contractor, its officers, agents, subcontractors or employees, or the failure by the Contractor, its officers, agents, subcontractors or employees to perform any obligations or commitments to the State or third parties arising out of or resulting from any contract resulting from this Solicitation. Such indemnity shall not be limited to the insurance coverage herein prescribed Appendices and Exhibits The Proposer s attention is directed to the appendices and exhibit documents attached hereto and hereby incorporated by reference and made part hereto as fully as if it were set forth at length herein. They are part of this solicitation and will be part of the subsequent contract. The proposer is responsible for adhering to all requirements of the appendices and exhibits Force Majeure Neither party hereto will be liable for losses, defaults, or damages under any contract resulting from this solicitation which result from delays in performing, or inability to perform, all or any of the obligations or responsibilities imposed upon it pursuant to the terms and conditions of this solicitation, due to or because of acts of God, the public enemy, acts of government, earthquakes, floods, strikes, civil strife, fire or any other cause beyond the reasonable control of the party that was so delayed in performing or so unable to perform provided that such party was not negligent and shall have used reasonable efforts to avoid and overcome such cause. Such party will resume full performance of such obligations and responsibilities promptly upon removal of any such cause. Page 40 of 40

41 EXHIBIT A Background Check Requirements New York State - Office of General Services Building Operation, Maintenance & Management Services Solicitation 1627 Exhibit A Background Check Requirements Page 1 of 4

42 Requirements Requirements of this clause apply to the successful bidder (Contractor) of the contract who will be performing on-site work for OGS under the contract resulting from this solicitation. The cost to the Contractor for performing requirements of this section shall be included in the bidder s response to this solicitation. Definitions For purposes of this clause, the following definitions apply: (1) On-Site: ``On-site'' refers to any State-owned or leased space open to the public or at which State 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 OGS on-site locations without undue risk to the interests of the State. (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 interests of the State. 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 Office of General Services. (2) Contractor shall maintain a continuous list of background checks and suitability determinations noted above, and shall provide this list to the Facility Manager prior to the contract commencement date. The list shall be updated and resubmitted to the Facility Manager as changes occur, continually keeping the Facility Manager updated. (3) The Commissioner of General Services, or his designee (the Commissioner ), 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 a specific location, or for a specific individual, in order to protect the State's interests. 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 onsite work. Compliance with the requirement for performing a background check and making a 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 State when requested. (2) At a minimum, the background check and suitability determination must include an evaluation of: New York State - Office of General Services Building Operation, Maintenance & Management Services Solicitation 1627 Exhibit A Background Check Requirements Page 2 of 4

43 (i) Verification that the individual is not listed on a national watched person database. The following link has information about a data available. The following link has a PDF file of a list of SPECIALLY DESIGNATED NATIONALS AND BLOCKED PERSONS 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 states 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); 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 State: (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; New York State - Office of General Services Building Operation, Maintenance & Management Services Solicitation 1627 Exhibit A Background Check Requirements Page 3 of 4

44 (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 potential for pressure, coercion, exploitation, or duress; (vii) The likelihood of continuation of the conduct. (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 a State site. Employee Removal Whenever a contractor becomes aware that any employee working at an on-site location under an OGS contract becomes an unacceptable risk to the State; the contractor shall immediately remove that employee from the site, notify the Commissioner that such a removal has taken place, and replace them with a qualified substitute. If the approval of the Commissioner was initially required for the removed employee, Commissioner approval is required for the replacement employee. Commissioner Notification Prior to commencement of on-site contract performance, the contractor shall notify the Commissioner that the background checks and suitability determinations required by this clause have been completed for affected individuals. Uniforms and Security Badges All Contractor employees must be provided with company uniforms containing an identifiable company logo. The uniform requirement will at a minimum be an identifiable shirt or smock and must be worn at all times while on premises performing duties. New York State - Office of General Services Building Operation, Maintenance & Management Services Solicitation 1627 Exhibit A Background Check Requirements Page 4 of 4

45 APPENDIX A STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS PLEASE RETAIN THIS DOCUMENT FOR FUTURE REFERENCE. June, 2006

46 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A TABLE OF CONTENTS 1. Executory Clause 2. Non-Assignment Clause 3. Comptroller s Approval 4. Workers Compensation Benefits 5. Non-Discrimination Requirements 6. Wage and Hours Provisions 7. Non-Collusive Bidding Certification 8. International Boycott Prohibition 9. Set-Off Rights 10. Records 11. Identifying Information and Privacy Notification 12. Equal Employment Opportunities For Minorities and Women 13. Conflicting Terms 14. Governing Law 15. Late Payment 16. No Arbitration 17. Service of Process 18. Prohibition on Purchase of Tropical Hardwoods 19. MacBride Fair Employment Principles 20. Omnibus Procurement Act of Reciprocity and Sanctions Provisions 22. Purchases of Apparel June, 2006

47 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A STANDARD CLAUSES FOR NYS CONTRACTS The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party): 1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract. 2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the previous consent, in writing, of the State and any attempts to assign the contract without the State's written consent are null and void. The Contractor may, however, assign its right to receive payment without the State's prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law. 3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $50,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $10,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. Comptroller's approval of contracts let by the Office of General Services is required when such contracts exceed $85,000 (State Finance Law Section a). 4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. 5. NON-DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition or carrier status, or marital status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation. 6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. 7. NON-COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139-d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non-collusive bidding certification on Contractor's behalf. 8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2NYCRR 105.4). 9. SET-OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of setoff any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller. 10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, "the Records"). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor Page 1 June, 2006

48 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute") provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation. employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation; (b) at the request of the contracting agency, 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; and 11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION. (a) FEDERAL EMPLOYER IDENTIFICATION NUMBER and/or FEDERAL SOCIAL SECURITY NUMBER. All invoices or New York State standard vouchers submitted for payment for the sale of goods or services or the lease of real or personal property to a New York State agency must include the payee's identification number, i.e., the seller's or lessor's identification number. The number is either the payee's Federal employer identification number or Federal social security number, or both such numbers when the payee has both such numbers. Failure to include this number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or New York State standard voucher, 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 New York State's Central Accounting System by the Director of Accounting Operations, Office of the State Comptroller, 110 State Street, Albany, New York EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In accordance with Section 312 of the Executive Law, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $100, whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100, whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then: (a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, (c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State 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. Contractor will include the provisions of "a", "b", and "c" above, in every subcontract over $25, 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. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State; or (iii) banking services, insurance policies or the sale of securities. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this section. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Governor's Office of Minority and Women's Business Development pertaining hereto. 13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control. 14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise. 15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article 11-A of the State Finance Law to the extent required by law. 16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. 17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond. Page 2 June, 2006

49 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A 18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS. The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of State Finance Law 165. (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the responsibility of the contractor to establish to meet with the approval of the State. In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in 165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State. 19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles. 20. OMNIBUS PROCUREMENT ACT OF 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 is available from: (b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L ), as amended; (c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and (d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts. 21. RECIPROCITY AND SANCTIONS PROVISIONS. Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively) require that they be denied contracts which they would otherwise obtain. NOTE: As of May 15, 2002, the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii. Contact NYS Department of Economic Development for a current list of jurisdictions subject to this provision. 22. PURCHASES OF APPAREL. In accordance with State Finance Law 162 (4-a), the State shall not purchase any apparel from any vendor unable or unwilling to certify that: (i) such apparel was manufactured in compliance with all applicable labor and occupational safety laws, including, but not limited to, child labor laws, wage and hours laws and workplace safety laws, and (ii) vendor will supply, with its bid (or, if not a bid situation, prior to or at the time of signing a contract with the State), if known, the names and addresses of each subcontractor and a list of all manufacturing plants to be utilized by the bidder. NYS Department of Economic Development Division for Small Business 30 South Pearl St -- 7 th Floor Albany, New York Telephone: Fax: A directory of certified minority and women-owned business enterprises is available from: NYS Department of Economic Development Division of Minority and Women's Business Development 30 South Pearl St -- 2nd Floor Albany, New York Telephone: Fax: The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than $1 million: (a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women-owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; Page 3 June, 2006

50 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A THIS PAGE IS INTENTIONALLY LEFT BLANK Page 4 June, 2006

51 Appendix B General Procurement Forms New York State Office of General Services For 50 Wolf Rd.; Albany, NY And 625 Broadway; Albany NY Solicitation Number 1627 New York State Office of General Services 50 Wolf Rd; Albany NY Building Maintenance and Operations Solicitation 1627 Appendix B General Procurement Forms Page 1 of 8

52 CONTRACTOR INFORMATION SOLICITATION NUMBER 1627 (Authorized Signature) (Date) (Print Name) (Title) (Company Name) (Federal I.D. Number) (Address) (City, State, Zip) (County) Ext. (Telephone Number) Ext. (Toll Free Phone) (Fax Number) (Toll Free Fax Number) ( ) New York State Small Business Circle One: Yes No New York State Certified Minority Owned Business Circle One: Yes No New York State Certified Woman Owned Business Circle One: Yes No Do you understand and is your firm capable of meeting the insurance requirements to enter into a contract with New York State? Circle One: Yes No Does your proposal meet all the requirements of this solicitation? Circle One: Yes No New York State Office of General Services 50 Wolf Rd; Albany NY Building Maintenance and Operations Solicitation 1627 Appendix B General Procurement Forms Page 2 of 8

53 Offerer s Affirmation of Understanding of and Agreement pursuant to New York State Finance Law 139-j (3) and 139-j (6) (b) New York State Finance Law 139-j(6)(b) provides that: Every Governmental Entity shall seek written affirmations from all Offerers as to the Offerer s understanding of and agreement to comply with the Governmental Entity s procedures relating to permissible contacts during a Governmental Procurement pursuant to subdivision three of this section. Offerer affirms that it understands and agrees to comply with the procedures of the Government Entity relative to permissible contacts as required by New York State Finance Law 139-j (3) and 139-j (6) (b). By: Date: Name: Title: Contractor Name: Contractor Address: New York State Office of General Services 50 Wolf Rd; Albany NY Building Maintenance and Operations Solicitation 1627 Appendix B General Procurement Forms Page 3 of 8

54 Offerer Disclosure of Prior Non-Responsibility Determinations Background: New York State Finance Law 139-k(2) obligates a Governmental Entity to obtain specific information regarding prior non-responsibility determinations with respect to State Finance Law 139-j. This information must be collected in addition to the information that is separately obtained pursuant to State Finance Law 163(9). In accordance with State Finance Law 139-k, an Offerer must be asked to disclose whether there has been a finding of non-responsibility made within the previous four (4) years by any Governmental Entity due to: (a) a violation of State Finance Law 139-j or (b) the intentional provision of false or incomplete information to a Governmental Entity. The terms Offerer and Governmental Entity are defined in State Finance Law 139-k(1). State Finance Law 139-j sets forth detailed requirements about the restrictions on Contacts during the procurement process. A violation of State Finance Law 139-j includes, but is not limited to, an impermissible Contact during the restricted period (for example, contacting a person or entity other than the designated contact person, when such contact does not fall within one of the exemptions). As part of its responsibility determination, State Finance Law 139-k(3) mandates consideration of whether an Offerer fails to timely disclose accurate or complete information regarding the above non-responsibility determination. In accordance with law, no Procurement Contract shall be awarded to any Offerer that fails to timely disclose accurate or complete information under this section, unless a finding is made that the award of the Procurement Contract to the Offerer is necessary to protect public property or public health safety, and that the Offerer is the only source capable of supplying the required Article of Procurement within the necessary timeframe. See State Finance Law 139-j (10)(b) and 139-k(3). Instructions: A Governmental Entity must include a disclosure request regarding prior non-responsibility determinations in accordance with State Finance Law 139-k in its solicitation of proposals or bid documents or specifications or contract documents, as applicable, for procurement contracts. The attached form is to be completed and submitted by the individual or entity seeking to enter into a Procurement Contract. It shall be submitted to the Governmental Entity conducting the Governmental Procurement. New York State Office of General Services 50 Wolf Rd; Albany NY Building Maintenance and Operations Solicitation 1627 Appendix B General Procurement Forms Page 4 of 8

55 Offerer Disclosure of Prior Non-Responsibility Determinations Name of Individual or Entity Seeking to Enter into the Procurement Contract: Address: Name and Title of Person Submitting this Form: Contract Procurement Number: Date: 1. Has any Governmental Entity made a finding of non-responsibility regarding the individual or entity seeking to enter into the Procurement Contract in the previous four years? (Please circle): No Yes If yes, please answer the next questions: 2. Was the basis for the finding of non-responsibility due to a violation of State Finance Law 139-j (Please circle): No Yes 3. Was the basis for the finding of non-responsibility due to the intentional provision of false or incomplete information to a Governmental Entity? (Please circle): No Yes 4. If you answered yes to any of the above questions, please provide details regarding the finding of non-responsibility below. Governmental Entity: Date of Finding of Non-responsibility: Basis of Finding of Non-Responsibility: (Add additional pages as necessary) 5. Has any Governmental Entity or other governmental agency terminated or withheld a Procurement Contract with the above-named individual or entity due to the intentional provision of false or incomplete information? (Please circle): No Yes New York State Office of General Services 50 Wolf Rd; Albany NY Building Maintenance and Operations Solicitation 1627 Appendix B General Procurement Forms Page 5 of 8

56 6. If yes, please provide details below. Governmental Entity: Date of Termination or Withholding of Contract: Basis of Termination or Withholding: (Add additional pages as necessary) Offerer certifies that all information provided to the Governmental Entity with respect to State Finance Law 139-k is complete, true and accurate. By: Signature Date: New York State Office of General Services 50 Wolf Rd; Albany NY Building Maintenance and Operations Solicitation 1627 Appendix B General Procurement Forms Page 6 of 8

57 Offerer s Certification of Compliance with State Finance Law 139-k(5) New York State Finance Law 139-k(5) requires that every Procurement Contract award subject to the provisions of State Finance Law 139-k or 139-j shall contain a certification by the Offerer that all information provided to the Office of General Services with respect to State Finance Law 139-k is complete, true and accurate. Offerer Certification: I certify that all information provided to the Office of General Services with respect to State Finance Law 139-k is complete, true and accurate. By: Date: Name: Title: Contractor Name: Contractor Address: Procurement Lobbying Termination The Office of General Services reserves the right to terminate this contract in the event it is found that the certification filed by the Offerer in accordance with New York State Finance Law 139-k was intentionally false or intentionally incomplete. Upon such finding, the Office of General Services may exercise its termination right by providing written notification to the Offerer in accordance with the written notification terms of this contract. New York State Office of General Services 50 Wolf Rd; Albany NY Building Maintenance and Operations Solicitation 1627 Appendix B General Procurement Forms Page 7 of 8

58 Bidder is required to sign both sections on this page. MACBRIDE FAIR EMPLOYMENT PRINCIPLES NONDISCRIMINATION IN EMPLOYMENT IN NORTHERN IRELAND: MACBRIDE FAIR EMPLOYMENT PRINCIPLES In accordance with Chapter 807 of the Laws of 1992 the bidder, by submission of this bid, certifies that it or any individual or legal entity in which the bidder holds a 10% or greater ownership interest, or any individual or legal entity that holds a 10% or greater ownership interest in the bidder, either: (answer yes or no to one or both of the following, as applicable: 1. Have business operations in Northern Ireland, Yes No If yes: 2. Shall take lawful steps in good faith to conduct any business operations they have in Northern Ireland in accordance with the MacBride Fair Employment Principles relating to nondiscrimination in employment and freedom of workplace opportunity regarding such operations in Northern Ireland, and shall permit independent monitoring of their compliance with such Principles. Yes No (Contractor s Signature) (Name of Business) NON-COLLUSIVE BIDDING 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 to the best of his knowledge and belief: 1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and 3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. (Contractor s Signature) (Name of Business) New York State Office of General Services 50 Wolf Rd; Albany NY Building Maintenance and Operations Solicitation 1627 Appendix B General Procurement Forms Page 8 of 8

59 APPENDIX C Contractor Requirements and Procedures for Equal Employment and Business Participation Opportunities for Minority Group Members and Certified Minority/Women-Owned Businesses on OGS Contracts In accordance with Article 15-A of the Executive Law (Participation by Minority Group Members and Women with Respect to State Contracts) and in conformance with the Regulations promulgated by the Minority and Women s Business Development Division of the New York State Department of Economic Development set forth at 5 NYCRR Parts , the Offeror/Contractor agrees to be bound by the following to promote equality of economic opportunities for minority group members and women, and the facilitation of minority and women-owned business enterprise participation on all covered OGS contracts. Equal Employment Opportunity Requirements By submission of a bid or proposal in response to this solicitation, the Offeror agrees with all of the terms and conditions of Appendix A including Clause 12 - Equal Employment Opportunities for Minorities and Women. The contractor is required to ensure that the provisions of Appendix A clause 12 Equal Employment Opportunities for minorities and women, are included in every subcontract in such a manner that the requirements of these provisions will be binding upon each subcontractor as to work in connection with the State contract. The following forms are required to ensure offeror compliance with the Equal Employment Opportunity requirements: 1. Staffing Plan (Form EEO 100) To ensure compliance with the foregoing section, the Offeror shall submit a staffing plan to document the composition of the proposed workforce to be utilized in the performance of this contract broken down by the specified categories listed, including ethnic background, gender, and Federal occupational categories. Offerors shall complete the Staffing Plan form and submit it as part of their bid or proposal or within a reasonable time thereafter, but no later than the time of award of the contract. A contractor s failure to submit a Staffing Plan prior to the time required shall result in the rejection of the bid or proposal. 2. Workforce Employment Utilization/Compliance Report (Form EEO 101). Once a contract has been awarded, the Contractor is responsible to update OGS on any changes to the Staffing Plan submitted. This information is to be submitted on a quarterly basis during the life of the contract to report the actual workforce utilized in the performance of the contract broken down by the specified categories listed including ethnic background, gender, and Federal occupational categories. The Workforce Employment Utilization/Compliance Report (Utilization/Compliance Report) must be submitted to report this information. Separate forms are to be completed for the contractor and any subcontractor performing work on the contract. Please note that in all instances, the Contractor may not be able to separate out the workforce utilized in the performance of the contract from the Contractor s and/or sub contractor s total workforce. When a separation can be made, the Contractor shall submit the Utilization/Compliance Report and indicate that the information provided relates to the actual workforce utilized on the subject contract. When the workforce to be utilized on the contract cannot be separated out from the Contractor s and/or 7-08

60 subcontractor s total workforce, the Contractor shall submit the Utilization/Compliance Report and indicate that the information provided is the Contractor's total workforce during the subject time frame, not limited to work specifically under the contract. The Utilization/Compliance Report is to be completed for the quarters ending on 3/31, 6/30, 9/30 and 12/31 and submitted to the OGS Office of Minority/Women-owned Business Enterprise Program Operations (OM/WBEPO) within 15 days of the end of each quarter. If there are no changes to the workforce utilized on the contract during the reporting period, the Contractor can submit a copy of the previously submitted report with the date and reporting period updated, indicating no change. Requirements and Procedures Regarding Business Participation Opportunities for Certified Minorities and Women on OGS Contracts In accordance with Article 15-A of the Executive Law and regulations adopted pursuant thereto, the following forms are required to ensure compliance with the Minority and Women-owned Business participation requirements. In accordance with these requirements, the Offeror agrees to make every good faith effort to promote and assist the participation of New York State Certified Minority and Women-owned Business Enterprises (M/WBE) as subcontractors and suppliers on this contract for the provision of services and materials. The directory of New York State Certified Businesses can be viewed at: In addition, the Offeror agrees to submit the following documents as evidence of compliance with the foregoing: 1. M/WBE Utilization Plan (Form M/WBE 100). A. Offerors are required to submit a Utilization Plan on Form M/WBE 100 with this bid or proposal. The Utilization Plan shall list NYS Certified minority or women-owned business enterprises which the contractor intends to use to perform the State contract and a description of the contract scope of work which the contractor intends to structure to increase the participation by NYS Certified minority or women-owned enterprises on the State contract, and 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 womanowned business. Any modifications or changes to the agreed participation by NYS Certified M/WBEs after the Contract Award and during the term of the contract must be reported on a revised M/WBE Utilization Plan and submitted to the OGS OM/WBEPO. B. The OGS OM/WBEPO will review the M/WBE Utilization Plan and will issue to the Offeror a written notice of acceptance or deficiency within twenty (20) days of its receipt. A notice of deficiency shall include (i) the name of any M/WBE which is not acceptable for the purpose of complying with the M/WBE participation goals and the reasons why it is not acceptable; (ii) elements of the Contract scope of work which OGS has determined can be reasonably structured by the Offeror to increase the likelihood of participation in the Contract by M/WBEs; and (iii) other information which OGS determines to be relevant to the M/WBE Utilization Plan. C. The Offeror shall respond to the notice of deficiency within seven (7) business days of receipt by submitting to OGS OM/WBEPO a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by OGS OM/WBEPO to be inadequate, OGS OM/WBEPO shall notify the Offeror and direct the Offeror to submit, within five (5) business days, a request for a partial or total waiver of M/WBE participation goals on forms 7-08

61 provided by OGS OM/WBEPO. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal. D. OGS may disqualify an Offeror as being non-responsive under the following circumstances: a) If an Offeror fails to submit a M/WBE Utilization Plan; b) If an Offeror fails to submit a written remedy to a notice of deficiency in a M/WBE Utilization Plan; c) If an Offeror fails to submit a request for waiver; or d)if the OGS OM/WBEPO determines that the Offeror has failed to document good faith efforts. 2. Request for Waiver Form (if applicable) (Form M/WBE 101). An Offeror who documents good faith efforts to meet the goal requirements may submit a request for a partial or total waiver at the same time it submits its M/WBE Utilization Plan. If a request for waiver is submitted with the M/WBE Utilization plan and is not accepted by the OGS OM/WBEPO at that time, the provisions of clauses 1 (B & C), regarding the notice of deficiency and written remedy will apply. The Awarded Contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its M/WBE Utilization Plan, during the performance of the contract. Requests for a partial or total waiver of established goal requirements made subsequent to award of a Contract may be made at any time during the term of the Contract to the OGS OM/WBEPO but prior to the submission of a request for final payment on the Contract. 3. Monthly M/WBEContractor Compliance Report (Form M/WBE 102). Contractors are required to submit a Monthly M/WBE Contractor Compliance Report to OGS OM/WBEPO by the 10 th day of each month over the term of the contract documenting the progress made towards achievement of the M/WBE goals of the Contract. Please Note: Failure to comply with the foregoing requirements may result in a finding of nonresponsiveness, non-responsibility and/or a breach of contract, leading to the withholding of funds or such other actions or enforcement proceedings as allowed by the contract. Copies of all referenced forms can be found on the OGS Website at: If you have any questions regarding the foregoing requirements or the requirements of Article 15-A of the Executive Law and 5 NYCRR Parts , please contact the identified Designated Contact(s) for this solicitation. 7-08

62 APPENDIX D COST PROPOSAL New York State Office of General Services Building Operation, Maintenance & Management Services RFP 1627 Appendix D Cost Proposal Page 1 of 3

63 Appendix D Cost Proposal 50 Wolf Rd, Albany NY Part A Part B Building Services Administration Fee (See Section of the solicitation) Compensation for On Site Employees (See Section of the solicitation) Annual Fee Employee Title Employee Annual Salary FTE (Full Time Equivalent) Employee Fringe Benefits Total Annual Cost Year 1 $ $ % $ $ Year 2 $ $ % $ $ Year 3 $ $ % $ $ Year 4 $ $ % $ $ Year 5 $ $ % $ $ A. Total 5 Year Fee = Total Annual Cost = $ $ B. Total Annual Cost multiplied by 5 year contract term = (For evaluation purposes only See Section of the solicitation) $ New York State Office of General Services Building Operation, Maintenance & Management Services RFP 1627 Appendix D Cost Proposal Page 2 of 3

64 Appendix D Cost Proposal 625 Broadway, Albany NY Part A.1 Part B.1 Building Services Administration Fee (See Section of the solicitation) Annual Fee Employee Title Compensation for On Site Employees (See Section of the solicitation) Employee Annual Salary FTE (Full Time Equivalent) Employee Fringe Benefits Total Annual Cost Year 1 $ $ % $ $ Year 2 $ $ % $ $ Year 3 $ $ % $ $ Year 4 $ $ % $ $ Year 5 $ $ % $ $ A.1 Total 5 Year Fee = Total Annual Cost = $ $ B.1 Total Annual Cost multiplied by 5 year contract term = (For evaluation purposes only See Section of the solicitation) $ Grand Total: A + B + A.1+ B.1= $ Company Name: (Please print or type) (Company Authorized Signature) (Date) New York State Office of General Services Building Operation, Maintenance & Management Services RFP 1627 Appendix D Cost Proposal Page 3 of 3

65 Sample Contract STATE OF NEW YORK OFFICE OF GENERAL SERVICES AGREEMENT FOR BUILDING MANAGEMENT SERVICES AT 50 WOLF RD. AND 625 BOADWAY; ALBANY NY WITH (COMPANY NAME) CONTRACT # C00XXXX THIS AGREEMENT, made this day of 2010 by and between the People of the State of New York, acting by and through Carla Chiaro, Acting Commissioner of General Services, whose office is on the 41st Floor, Corning Tower Building, the Governor Nelson A. Rockefeller Empire State Plaza, Albany, New York (hereinafter Commissioner, "OGS" or "State"), and (Company Name), (hereinafter "Contractor"), with an office at. W I T N E S S E T H: WHEREAS, the OGS is responsible for the Operations and Maintenance of the 50 Wolf Rd. and 625 Broadway Office Buildings in Albany NY, New York (hereinafter the State Office Building ) and in fulfilling its responsibility deems it necessary to obtain building management services therefore, and WHEREAS, OGS has determined after having solicited proposals from proposers willing to supply these services, that the Contractor submitted the proposal affording the State the best value for such services and that the Contractor possesses the necessary capacity, experience and expertise for provision of building management services, and that Contractor is ready, willing and able to perform such services on the terms hereinafter set forth. NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties do hereby agree as follows: New York State - Office of General Services Page 1 of 10 Building Operation, Maintenance & Management Services Solicitation 1627 Appendix E Sample Contract

66 1. CONSIDERATION OGS shall pay the Contractor for all annual building management fees and other fees and expenses in accordance with the amounts and rates put forth in the Contractor s proposal attached hereto as Appendix "C", which Appendix C is hereby incorporated by reference and made a part hereof as fully as if set forth as length herein. 2. TERM This Agreement shall commence on May 2, 2011 and will be in effect for five (5) years, unless sooner terminated as herein specified. 3. SERVICES The Contractor agrees to perform this Agreement and to furnish the services, labor and materials required in connection therewith in accordance with all the specifications, conditions, covenants and representations contained in the Request for Proposals No. 1627, which is annexed as Appendix "B" hereto, and the Contractor s proposal, annexed as Appendix C hereto, except as such Appendices B and C have been revised by the terms hereof. Appendix B is hereby incorporated by reference and made a part hereof with the same force and effect as if set forth at length herein. 4. TERMINATION This Agreement may be terminated in accordance with the termination provisions set forth in the RFP attached hereto as Appendix B hereof. 5. RECORDS The Contractor will maintain accurate records and accounts of services performed and monies expended under this Agreement. Such records will be maintained for six (6) years following the close of the State fiscal year to which they pertain and will be made available to representatives of OGS or the New York State Comptroller, as may be necessary for auditing purposes, upon request. 6. TAXES The Contractor will be responsible for all applicable Federal, State and Local taxes and all FICA contributions. 7. INDEPENDENT CONTRACTOR It is understood and agreed that the legal status of the Contractor, its subcontractors, agents, officers and employees is that of an independent contractor and in no manner shall they be deemed employees or agents of the State of New York and, therefore, are not entitled to any of the benefits associated with such employment or designation. New York State - Office of General Services Page 2 of 10 Building Operation, Maintenance & Management Services Solicitation 1627 Appendix E Sample Contract

67 8. APPENDIX A Appendix A, Standard Clauses for New York State Contracts, attached hereto, is hereby expressly made a part of this Agreement as fully as if set forth at length herein. 9. ASSIGNMENT Contractor agrees that it will not assign this Agreement, or any interest therein without the prior written consent of the Commissioner of General Services. 10. LAW This Agreement shall be governed by the laws of the State of New York. 11. CONDITIONS PRECEDENT This Agreement shall not be deemed executed, valid or binding unless and until approved in writing by the Attorney General and the State Comptroller. 12. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between the parties hereto and no statement, promise, condition, understanding, inducement or representation, oral or written, expressed or implied, which is not contained herein shall be binding or valid and this Agreement shall not be changed, modified or altered in any manner except by an instrument in writing executed by both parties hereto. 13. EXECUTORY CLAUSE This Agreement shall be deemed executory only to the extent of money available to the State for performance of the terms hereof and no liability on account thereof shall be incurred by the State of New York beyond moneys available for purposes thereof. 14. INCONSISTENCIES In the event of any discrepancy, disagreement or ambiguity between this contract agreement and Appendix B "RFP" and/or Appendix C "Proposal", or between any Appendices, the documents shall be given preference in the following order to interpret and to resolve such discrepancy, disagreement or ambiguity: (i) Appendix A (ii) This contract agreement (ii) Appendix B Solicitation # 1627 including Addenda (iii) Appendix C Contractor s Proposal The parties understand and agree that any and all deviations or exceptions taken by Contractor to the State's Request for Proposal are hereby withdrawn except only to the extent that such exceptions or deviations have been explicitly incorporated into this contract agreement. New York State - Office of General Services Page 3 of 10 Building Operation, Maintenance & Management Services Solicitation 1627 Appendix E Sample Contract

68 15. FORCE MAJEURE Neither party hereto will be liable for losses, defaults, or damages under this Agreement which result from delays in performing, or inability to perform, all or any of the obligations or responsibilities imposed upon it pursuant to the terms and conditions of this Agreement, due to or because of acts of God, the public enemy, acts of government, earthquakes, floods, strikes, civil strife, fire or any other cause beyond the reasonable control of the party that was so delayed in performing or so unable to perform provided that such party was not negligent and shall have used reasonable efforts to avoid and overcome such cause. Such party will resume full performance of such obligations and responsibilities promptly upon removal of any such cause. 16. ASSIGNMENT BY STATE The State agrees not to assign this Agreement without prior notice to and reasonable consent of the Contractor provided, however, that this Agreement may be assigned without such consent to another agency or subdivision of the State pursuant to a governmental reorganization or assignment of functions under which the pertinent functions of OGS as an agency are transferred to a successor agency or subdivision of the State. 17. NOTICES All notices, demands, designations, certificates, requests, offers, consents, approvals and other instruments given pursuant to this Agreement shall be in writing and shall be validly given when mailed by registered or certified mail, overnight carrier or hand delivered, (i) if to the State, addressed to the State at its address set forth above, and (ii) if to Contractor, addressed to Contractor at its address set forth above. The parties may from time to time, specify any address in the United States as its address for purpose of notices under this Agreement by giving fifteen (15) days written notice to the other party. The parties agree to mutually designate individuals as their respective representatives for the purposes of this Agreement. 18. CAPTIONS The captions contained in this Agreement are intended for convenience and reference purposes only and shall in no way be deemed to define or limit any provision thereof. 19. SEVERABILITY In the event that any one or more of the provisions of this Agreement shall for any reason be declared unenforceable under the laws or regulations in force, such provision will not have any effect on the validity of the remainder of this Agreement, which shall then be construed as if such unenforceable provision had never been written or was never contained in this Agreement. New York State - Office of General Services Page 4 of 10 Building Operation, Maintenance & Management Services Solicitation 1627 Appendix E Sample Contract

69 20. INFORMATION SECURITY BREACH In accordance with the Information and Security Breach Notification Act (ISBNA) (Chapter 442 of the Laws of 2005, as amended by Chapter 491 of the Laws of 2005), a Contractor with OGS shall be responsible for all applicable provisions of the ISBNA and the following terms herein with respect to any private information (as defined in the ISBNA) received by or on behalf of OGS under this Agreement. - Contractor shall supply OGS with a copy of its notification policy, which shall be modified to be in compliance with this provision, as well as OGS s notification policy. - Contractor must encrypt any database fields and backup tapes that contain private data elements, as set forth in the ISBNA. - Contractor must ensure that private data elements are encrypted in transit to / from their systems. - In general, contractor must ensure that private data elements are not displayed to users on computer screens or in printed reports; however, specific users who are authorized to view the private data elements and who have been properly authenticated may view/receive such data. - Contractor must monitor for breaches of security to any of its systems that store or process private data owned by OGS. - Contractor shall take all steps as set forth in ISBNA to ensure private information shall not be released without authorization from OGS. - In the event a security breach occurs as defined by ISBNA Contractor shall immediately notify OGS and commence an investigation in cooperation with OGS to determine the scope of the breach. - Contractor shall also take immediate and necessary steps needed to restore the information security system to prevent further breaches. - Contractor shall immediately notify OGS following the discovery that OGS s system security has been breached. - Unless the Contractor is otherwise instructed, Contractor is to first seek consultation and receive authorization from OGS prior to notifying the individuals whose personal identity information was compromised by the breach of security, the State Office of Cyber Security and Critical Infrastructure Coordination, the State Consumer Protection Board, the Attorney General s Office or any consuming reporting agencies of a breach of the information security system or concerning any determination to delay notification for law enforcement investigations. - Contractor shall be responsible for providing all notices required by the ISBNA and for all costs associated with providing said notices. - This policy and procedure shall not impair the ability of the Attorney General to bring an action against the Contractor to enforce all provisions of the ISBNA or limit the Contractor s liability for any violations of the ISBNA. New York State - Office of General Services Page 5 of 10 Building Operation, Maintenance & Management Services Solicitation 1627 Appendix E Sample Contract

70 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Contract No. C00XXXX Agency Certification "In addition to the acceptance of this Contract, I also certify that original copies of this signature page will be attached to all other exact copies of this contract." (Company Name) THE PEOPLE OF THE STATE OF NEW YORK By By Name: Name: Title: Title: Federal I.D. No.: Date: Date: APPROVED AS TO FORM Attorney General APPROVED Thomas P. DiNapoli State Comptroller New York State - Office of General Services Page 6 of 10 Building Operation, Maintenance & Management Services Solicitation 1627 Appendix E Sample Contract

71 INDIVIDUAL, CORPORATION, PARTNERSHIP, OR LLC ACKNOWLEDGMENT STATE OF COUNTY OF : SS.: On the day of in the year 20, before me personally appeared, known to me to be the person who executed the foregoing instrument, who, being duly sworn by me did depose and say that _he resides at, Town of, County of, State of ; and further that: [Check One] ( If an individual): _he executed the foregoing instrument in his/her name and on his/her own behalf. ( If a corporation): _he is the of, the corporation described in said instrument; that, by authority of the Board of Directors of said corporation, _he is authorized to execute the foregoing instrument on behalf of the corporation for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said corporation as the act and deed of said corporation. ( If a partnership): _he is the of, the partnership described in said instrument; that, by the terms of said partnership, _he is authorized to execute the foregoing instrument on behalf of the partnership for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said partnership as the act and deed of said partnership. ( If a limited liability company): _he is a duly authorized member of, LLC, the limited liability company described in said instrument; that _he is authorized to execute the foregoing instrument on behalf of the limited liability company for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said limited liability company as the act and deed of said limited liability company. Notary Public Registration No. State of: New York State - Office of General Services Page 7 of 10 Building Operation, Maintenance & Management Services Solicitation 1627 Appendix E Sample Contract

72 APPENDIX A STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS [Text not included at this time because it is included elsewhere in the RFP. Will be added when contract is finalized] New York State - Office of General Services Page 8 of 10 Building Maintenance Management Services Solicitation 1627 Appendix E Sample Contract

73 APPENDIX B Request for Proposals New York State - Office of General Services Page 9 of 10 Building Maintenance Management Services Solicitation 1627 Appendix E Sample Contract

74 APPENDIX C Contractor s Proposal New York State - Office of General Services Page 10 of 10 Building Maintenance Management Services Solicitation 1627 Appendix E Sample Contract

75 APPENDIX F Prevailing Wage Rates New York State - Office of General Services Building Operation, Maintenance & Management Services Solicitation 1627 Appendix F Prevailing Wage Rates

76 General Provisions of Laws Covering Workers on Article 9 Public Work Building Service Contracts Introduction The Labor Law requires public work contractors and subcontractors to pay a service employee under a contract for building service work for a public agency, a wage of not less than the prevailing wage and supplements (fringe benefits) in the locality for the craft, trade, or occupation of the service employee. Such a public work building service contract must be in excess of one thousand five hundred dollars ($1,500.00). Building service employee includes, but is not limited, to, watchman, guard, doorman, building cleaner, porter, handyman, janitor, gardener, groundskeeper, stationary fireman, elevator operator and starter, window cleaner, and occupations relating to the collection of garbage or refuse, and to the transportation of office furniture and equipment, and to the transportation and delivery of fossil fuel but does not include clerical, sales, professional, technician and related occupations. Building service employee also does not include any employee to whom the provisions of Article 8 are applicable. Responsibilities of the Public Agency A Public Agency means the state, any of its political subdivisions, a public benefit corporation, a public authority or commission or special purpose district board appointed pursuant to law, and a board of education. The Public Agency responsible for preparing the specifications for a building service contract must file a statement identifying the types of employees and work to be performed with the New York State Commissioner of Labor, or other fiscal officer¹. A separate filing is required for every building service contract. Only one filing is required for each contract, regardless of the duration of the contract. To file with the Commissioner of Labor, the Public Agency MUST submit a Request for Wage and Supplement Information" form (PW 39) to the Bureau of Public Work, either online, by fax, or by mail. In response to each filing, the Bureau of Public Work will assign a Prevailing Rate Case (PRC) number to each building service contract, and will issue a Prevailing Wage Schedule setting forth the wage rates required to be paid for work performed and the expiration date of those rates. If work on the contract continues beyond the expiration date set forth in the Wage Schedule, new rates and expiration dates will be made available online as part of the original PRC Prevailing Wage Schedule determination automatically, without further filings or requests from the Public Agency. The Commissioner of Labor makes an annual determination of the prevailing rates. This determination is in effect from July 1st through June 30th of the following year. The Public Agency must include in the specifications for each building service contract the PRC number assigned to such contract and stipulation obligating the contactor to pay not less than the wage rates set forth in the Prevailing Wage Schedule issued under that PRC number. Upon the awarding of the contract, the law requires that the Public Agency furnish the following information to the Bureau of Public Work: the name and address of the contractor, the date the contract was let and the approximate dollar value of the contract. To facilitate compliance with this provision of the Labor Law, a copy of the Bureaus "Notice of Contract Award" form (PW 16.9) is provided with the original Prevailing Rate Schedule. The Public Agency is required to notify the Bureau of the completion or cancellation of any public work building service contract. The Bureaus PW form is provided for this purpose. Hours A building service employee, employed by a contractor, shall work up to eight (8) hours in any one day and up to forty (40) hours in any workweek for the appropriate posted prevailing wage rate. A building service employee who works more than eight (8) hours in any one day or more than forty (40) hours in any workweek shall be paid wages for such overtime at a rate not less than one-and-one-half (1.5) times his prevailing basic cash hourly rate. Wages and Supplements The wages and supplements to be paid and/or provided to a building service employee, employed on a public work contract shall be not less than those listed in the Prevailing Rate Schedule provided with the awarded contract. In no event shall the basic hourly cash rate of pay be less than the statutory minimum wage or in a city with a local law requiring a higher minimum wage on city contract work, less than the minimum wage specified in such local law. If a prime contractor on a public work contract has not been provided with a Prevailing Rate Schedule, the contractor must notify the Public Agency who in turn must request an original Prevailing Rate Schedule form the Bureau of Public Work. ¹ The New York State Commissioner of Labor is the fiscal officer on all building service contracts except for those performed by or on behalf of a city, in which case the fiscal officer is the comptroller or other analogous officer of the city.

77 Requests may be submitted by: mail to NYSDOL, Bureau of Public Work, State Office Bldg. Campus, Bldg. 12, Rm. 130, Albany, NY 12240; Fax to Bureau of Public Work (518) ; or electronically at the NYSDOL website Upon receiving the original schedule, the Public Agency is REQUIRED to provide complete copies to all prime contractors who in turn MUST, by law, provide copies of all applicable county schedules to each subcontractor and obtain from each subcontractor, an affidavit certifying such schedules were received. Payrolls and Payroll Records Every contractor and subcontractor MUST keep original payrolls or transcripts subscribed and affirmed as true under penalty of perjury. Payrolls must be maintained for at least three (3) years from the project's date of completion. At a minimum, payrolls must show the following information for each person employed on a public work project: Name; Social Security number; the craft, trade or occupation in which the worker was employed; Hourly wage rate(s) paid; Supplements paid or provided; and Daily and weekly number of hours worked in each craft, trade or occupation. In addition, the Commissioner of Labor may require contractors to furnish, with ten (10) days of a request, payroll records sworn to as their validity and accuracy for public work and private work. Payroll records include, by are not limited to time cards, work description sheets, proof that supplements were provided, cancelled payroll checks and payrolls. Failure to provide the requested information within the allotted ten (10) days will result in the withholding of up to 25% of the contract, not to exceed $100, The records required to be maintained shall be kept on the site of the work during all of the time that work under the contract is being performed. All contractors or their subcontractors shall provide to their subcontractors a copy of the Prevailing Rate Schedule specified in the public work contract as well as any subsequently issued schedules. A failure to provide these schedules by a contractor or subcontractor is a violation of Article 9, Section 237 of the Labor Law. The prime contractor is responsible for any underpayments of prevailing wages or supplements by any subcontractor. All subcontractors engaged by a public work project contractor or its subcontractor, upon receipt of the original schedule and any subsequently issued schedules shall provide to such contractor a verified statement attesting that the subcontractor has received the Prevailing Rate Schedule and will pay or provide the applicable rates of wages and supplements specified therein. (See NYS Labor Law, Article 9. Section 237). Withholding of Payments When a complaint is filed with the Commissioner of Labor alleging the failure of a contractor or subcontractor to pay or provide the prevailing wages or supplements, or when the Commissioner of Labor believes that unpaid wages or supplements may be due, payments on the public work contract shall be withheld from the prime contractor in a sufficient amount to satisfy the alleged unpaid wages and supplements, including interest and civil penalty, pending a final determination. When the Bureau of Public Work finds that a contractor or subcontractor on a public work contract failed to pay or provide the requisite prevailing wages or supplements, the Bureau is authorized by Sections of the Labor Law to so notify the financial officer of the Public Agency that awarded the public work contract. Such officer MUST then withhold or cause to be withheld from any payment due the prime contractor on account of such contract the amount indicated by the Bureau as sufficient to satisfy the unpaid wages and supplements, including interest and any civil penalty that may be assessed by the Commissioner of Labor. The withholding continues until there is a final determination of the underpayment by the Commissioner of Labor or by the court in the event a legal proceeding is instituted for review of the determination of the Commissioner of Labor. The Public Agency shall comply with this order of the Commissioner of Labor or of the court with respect to the release of the funds so withheld. Summary of Notice Posting Requirements The current Prevailing Rate Schedule must be posted in a prominent and accessible place on the site of the public work contract. Apprentices Employees cannot be paid apprentice rates unless they are individually registered in a program registered with the NYS Commissioner of Labor. The allowable ratio of apprentices to journeyworkers in any craft classification can be no greater than the statewide building trade ratios promulgated by the Department of Labor and included with the Prevailing Rate Schedule. An employee listed on a payroll as an apprentice who is not registered as above or is performing work outside the classification of work for which the apprentice is indentured, must be paid the prevailing journeyworker's wage rate for the classification of work the employee is actually performing. NYSDOL Labor Law, Article 9, Section 231-7a, require that only apprentices individually registered with the NYS Department of Labor may be paid apprenticeship rates on a public work project. No other Federal or State Agency of office registers apprentices in New York State.

78 Persons wishing to verify the apprentice registration of any person must do so in writing by mail, to the NYSDOL Office of Employability Development / Apprenticeship Training, State Office Bldg. Campus, Bldg. 12, Albany, NY or by Fax to NYSDOL Apprenticeship Training (518) All requests for verification must include the name and social security number of the person for whom the information is requested The only conclusive proof of individual apprentice registration is written verification from the NYSDOL Apprenticeship Training Albany Central office. Neither Federal nor State Apprenticeship Training offices outside of Albany can provide conclusive registration information. It should be noted that the existence of a registered apprenticeship program is not conclusive proof that any person is registered in that program. Furthermore, the existence or possession of wallet cards, identification cards, or copies of state forms is not conclusive proof of the registration of any person as an apprentice. Interest and Penalties In the event that an underpayment of wages and/or supplements is found: - Interest shall be assessed at the rate then in effect as prescribed by the Superintendent of Banks pursuant to section 14-a of the Banking Law, per annum from the date of underpayment to the date restitution is made. - A Civil Penalty may also be assessed, not to exceed 25% of the total of wages, supplements, and interest due. Debarment Any contractor or subcontractor and/or its successor shall be ineligible to submit a bid on or be awarded any public work contract or subcontract with any state, municipal corporation or public body for a period of five (5) years when: - Two (2) willful determinations have been rendered against that contractor or subcontractor and/or its successor within any consecutive six (6) year period. - There is any willful determination that involves the falsification of payroll records or the kickback of wages or supplements. Criminal Sanctions Willful violations of the Prevailing Wage Law (Article 9 of the Labor Law) constitute a misdemeanor punishable by fine or imprisonment, or both. Discrimination No employee or applicant for employment may be discriminated against on account of age, race, creed, color, national origin, sex, disability or marital status. No contractor, subcontractor nor any person acting on its behalf, shall by reason of race, creed, color, disability, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates (NYS Labor Law, Article 9, Section 239-1). No contractor, subcontractor, nor any person acting on its behalf, shall in any manner, discriminate against or intimidate any employee on account of race, creed, color, disability, sex, or national origin (NYS Labor Law, Article 9, Section 239-2). The Human Rights Law also prohibits discrimination in employment because of age, marital status, or religion. There may be deducted from the amount payable to the contractor under the contract a penalty of $50.00 for each calendar day during which such person was discriminated against or intimidated in violation of the provision of the contract (NYS Labor Law, Article 9, Section 239-3). The contract may be cancelled or terminated by the State or municipality. All monies due or to become due thereunder may be forfeited for a second or any subsequent violation of the terms or conditions of the anti-discrimination sections of the contract (NYS Labor Law, Article 9, Section 239-4). Every employer subject to the New York State Human Rights Law must conspicuously post at its offices, places of employment, or employment training centers notices furnished by the State Division of Human Rights. Workers' Compensation In accordance with Section 142 of the State Finance Law, the contractor shall maintain coverage during the life of the contract for the benefit of such employees as required by the provisions of the New York State Workers' Compensation Law. A contractor who is awarded a public work contract must provide proof of workers' compensation coverage prior to being allowed to begin work.

79 The insurance policy must be issued by a company authorized to provide workers' compensation coverage in New York State. Proof of coverage must be on form C (Certificate of Workers' Compensation Insurance) and must name this agency as a certificate holder. If New York State coverage is added to an existing out-of-state policy, it can only be added to a policy from a company authorized to write workers' compensation coverage in this state. The coverage must be listed under item 3A of the information page. The contractor must maintain proof that subcontractors doing work covered under this contract secured and maintained a workers' compensation policy for all employees working in New York State. Every employer providing worker's compensation insurance and disability benefits must post notices of such coverage in the format prescribed by the Workers' Compensation Board in a conspicuous place on the jobsite. Unemployment Insurance Employers liable for contributions under the Unemployment Insurance Law must conspicuously post on the jobsite notices furnished by the New York State Department of Labor.

80 New York State Department of Labor Bureau of Public Work SOBC Bldg. 12 Rm. 130 Albany, NY IMPORTANT NOTICE Regarding Article 9 Building Service Contract Schedules (For all Article 9 Building Service Contracts associated with Prevailing Wage Schedules assigned on or after 8/1/2010) Building Service rates (Article 9) will be determined annually on July 1 of each year. They are in effect through June 30 of the following year. Similar to Article 8, vendors must pay the newly determined rates each year. The DOL web site has a page where vendors can enter their specific PRC number to find the correct wage rates for their contracts. This change does NOT affect current projects and projects that have previously requested PRC numbers. The rates in those contracts will remain effective. All extensions to current contracts will require a new schedule and this change will apply to those extensions and subsequent contracts A generic Article 9 wage schedule is now available online.