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Contract 7190103 This Agreement made by and between the State University of New York, an educational corporation organized and existing under the laws of the State of New York, having its principal place of business located at State University Plaza, Albany, New York 12248, hereinafter referred to as “State University" for and on behalf ofthe University at Albany, Stale University of New York having its principal place of business located at 1400 Washington Avenue, Albany, New York 12222, hereinafter refered to as the “Universiy" and BSN Sports LLC, having its principal place of business located at 5 Corporate Park Drive, Clifton Park, NY, 12065, hereinafter referred to as "Contractor WITNESSETH: WHEREAS, the University requires Athletic Apparel, Uniforms, Footwear and Equipment for University Athletic teams; and WHEREAS, Contractor is capable of providing such Apparel, Uniforms, Footwear and Equipment as outlined in University procurement document IFB BS043019; and WHEREAS University desires to enter into an Agreement with the Contractor. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein set forth the parties hereto agree as follows: 4. Contractor shall provide the commodiiesiservces as specified in the procurement document, a copy of hich is attached hereto and made a part ofthis Agreement as Exhibit B; and the Contractors response attached hereto and made a part of this Agreement as Exhibit C, 2, In consideration ofthe commodites/services provided, the University shall pay Contractor upon receipt of detailed invoices. Any additional expenses in addition tothe cost specified in Exhibit C shall be paid at the rates and the method approved by the New York State Office ofthe State Comptroller. Contractor agrees to follow University ‘and State of New York policies when applying for these additional expenses. Contractor will submit detailed invoices ‘outlining the commodiies/services provided. Invoices must contain sufficient information including but not limited to the Agreement contract number and federal identification number of the contractor. Payment will be made in accordance with Article XI of the New York State Finance Law. The Contractor shall provide complete and accurate bling invoices to the University in order to receive payment fo its services. Biling invoices submitted tothe University must contain all information and supporting documentation required by the University and the Otfice of the State Comptroller (OSC). Payments for invoices submitted by the Contractor shall only be rendered electronically. Such electronic payment shall be made in accordance with ordinary New York State procedures and practices. The Contractor shall comply with OSC procedures to authorize electronic payments. n order to receive payment from the State, Contractor is required to ‘complete and submit to OSC either an Electronic Payment Authorization Form for Individuals which can be found on the following lnk, hito:/wmw.osc.state ny uslepay/authform.pdf or an Electronic Payment Authorization Form for Goverment Enities, Vendors, and Notfor-Profts, which can be found on the following ink hit:/ivww. osc stale The Contractor acknowledges that will not receive payment on any invoices submitted under this contract fit does not comply with OSC's electronic payment procedures. 3, Contractor shall provide product consideration at retail pricing for each contract year in the folowing amounts: Year 1: $370,000.00, which includes 160 stick heads for the Men's Lacrosse team and one set of, Contract T190103 ‘ArmourFuse Uniforms for both the Men's and Women’s Basketball teams; Year 2: $315,000.00, which includes 150 stick heads for the Men’s Lacrosse team; Year 3: $315,000.00, which includes 150 stick heads for the Men's Lacrosse team; Year 4: $315,000.00, which includes 150 stick heads for the Men's Lacrosse team; Year 5: ‘$315,000.00, which includes 150 stick heads for the Men’s Lacrosse team. 4, On an annual basis, Contractor shall provide additional product consideration a retal pricing in the ‘amounts described below ifthe University exceeds the spending levels described below for non-Under Armour products in each contract year. 2, $50,000.00 = 6% of annual spend in Under Armour apparel or BSN Sports Equipment b. $100,000.00+ = 7% of annual spend in Under Armour apparel or BSN Sports Equipment ¢, $150,000,00+ = 8% of annual spend in Under Armour apparel or BSN Sports Equipment 5. Onan annual basis, Contractor shall provide additional product consideration at retail pricing in the ‘amounts described below ifthe University exceeds the spending levels described below for Under Armour products, in each contract year. «$500,000.00 - $599,999.99 = $25,000.00 $600,000.00 - $889,299.99 = $40,000.00 , $700,000.00 - $799,999.99 = $55,000.00 d, $800,000.00+ = $70,000.00 6 The term of this Agreement shall commence on August 1, 2019 and shall continue through July 31, 2024 ‘subject fo and in accordance with the terms of Exhibit B. 7. Atthe University's option, this Agreement may be terminated upon 60 days writen notice tothe Contractor. 8. This Agreement may be amended upon mutual written consent ofthe parties. 9, This Agreement shall be interpreted according to the laws ofthe State of New York, Contractor shall comply with all laws, rules, orders, regulations, and requirements of federal, state, and municipal governments applicable thereto including the provisions contained inthe riders attached hereto as Exhibit A and Exhibit A-t. 40, Contractor, shal at all times, at its own expense, obtain and carry comprehensive liability insurance, property damage insurance, Workers' Compensation and Disabilty insurance of adequate amounts, naming the State of New York and the State University of New York as additonal insured. Contractor shall keep such insurance in force forthe duration and term ofthis Agreement. The insurance required shall be obtained from insurance company (les) licensed to do business inthe State of New York and shall have as minimum limits of insurance: a. Commercial General Liability $1,000,000 each occurrence combined (bodily injury & (including Protective & property damage); Contractor Liability, Single limt-each ocourrence) $2,000,000 aggregate; Product liability $1,000,000 each occurrence; b, Automobile Liability $1,000,000 each occurrence (owned, leased, hired and non-owned vehicles); , Workers Compensation, Employers Liability and Disability Benefits as required by New York State; and Contract 1190103 44. Contractor shall indemnity, defend and hold harmless University its trustees, officers, agents and employees, of, from and against any suits, actions, damages, expenses (including reasonable attomey's fees), claims, judgments, iablties and costs arising out of negligence, loss, destructive, eror, wrongful acts or omissions of Contractor its oficers, employees or agents. Contractor shall remain liable for direct damages that are due to its negligence. The University shall not be fable upon any cause of action brought against Contractor as a result of Contractor's performance in compliance with this contract 42. Any notice to either party hereunder must be in writing, signed by the party giving i, and shall be served either personally or by registered mail addressed as fll TO THE UNIVERSITY: TO CONTRACTOR David F. Mason Bil Stote Controller Senior Vice President of Collegiate Select University at Albany, SUNY BSN Sports LLC 4400 Washington Avenue 5 Corporate Drive Albany, New York 12222 Citon Park, NY 12065 corto such addresses as may be hereafter designated by notice, All notices become effective only when received by the addressee. 13, This Agreement constitutes the entire Agreement of the parties hereto and all previous communications between the partes, whether written or orl, with reference to the subject matter of this contrac are hereby superseded. 14, The relationship of Contractor tothe University and the State of New York arising out ofthis Agreement shall be that of independent contractor. 415. A waiver of enforcement of any provision ofthis Agreement by the University shall not constitute a waiver by the University of any other provision ofthis Agreement, nor shal it preclude the University from subsequently enforcing such provision thereafter 416, The University reserves the right to terminate this contract inthe event itis found thatthe certification fled by the Contractor in accordance with New York State Finance Law Section §1394, as amended, and §139-r, as ‘amended, was intentionally false or intentionally incomplete. Upon such fining, the University may exercise its termination right by providing written notification to the Contractor in accordance with the written notification terms of this contract. 17, The University reserves the right to terminate this contract in the event itis found that the certificate(s) filed by the Contractor in accordance with the Tax Laws of 2004, Chapter 60, Part N, was false or incomplete, 18, Section 163 of NYS Finance Law requies that al contract awards and subsequent renewals be made only o responsive and responsible vendors. Certification of vendor responsibilty is subject to approval of the New York State Office ofthe State Comptrolr Contract 1190103 49, The Contractor shall at all imes during the Contract term remain responsible, The Contractor agrees, if requested by the University, to present evidence of its continuing legal authority to do business in New York State, its integrity, experience, abilty, prior performance, and organizational and financial capacity 20. The University, in its sole discretion, reserves the right o suspend any or al activites under this Contract, at any time, when i discovers information that calls into question the responsibilty of the Contractor. In the event of such suspension, the Contractor will be given writen notice outining the particulars of such suspension Upon issuance of such notice, the Contractor must comply with the terms of the suspension order. Contract activity may resume at such time as the University issues a writen notice authorizing a resumption of performance under the Contract 21. Upon writen notice to the Contractor, and a reasonable opportunity to be heard with appropriate University officials or staff the Contract may be terminated by the University at the Contractors expense where the Contractor is determined by the University to be non-responsible, In such event, the University may complete the contractual requirements in any manner it may deem advisable and pursue available legal or equitable remedies for breach 22. Contractor agrees to comply wit the provisions of the Iran Divestment Act, (Chapter 1 of the Laws of 2012 amending NYS Finance Law §165-2). By execution of this Agreement, Contractor certifies that itis not onthe Prohibited Entities List (htto:/mmmw_ogs.ny.qovlaboutleasidocsiListofEntites pdf) established by the NYS Office of General Services and further certfes that it will not contract with any subcontractor on the lst as they pertain to this Agreement, The University reserves the right to terminate this Agreement, at any time, should the University receive information to the contrary. 23. Contractor agrees to comply with the provisions of the New York State Information Security Breach and Notfcation Act (General Business Law Section 899-2a; State Technology Law Section 208). Contractor shall be liable for the costs associated with such breach if caused by Contractor's negligent or wilful acts or omissions, or the negligent or wilful acts or omissions of Contractor's agents, officers, employees or subcontractors. 24. In the event of a conflict between terms of this Agreement and its attachments the following order of precedence will apply: Exhibit A; Exhibit A-1; Amendments to the Agreement; The Agreement; IFB BS043019 (Exhibit B); The Vendor's Proposal (Exhibit C). 25. Contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-300.5(a) and 60- 741.5(@). These regulations prohibit discrimination against qualified individuals on the basis of protected veteran status or disabilty, and require affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans and individuals with disabilities, IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written. Agency Certification: In addition tothe acceptance ofthis contract, | also certify that original copies of this signature page will be aftached to all other exact copies of this contract. Contract T190103 Date: “1 Mark A. Benson, Dit 8y: ITH ae, ST /48 David F, Mason, University Controller By. Contractor Certification: | catty that al information provided tothe University at Albany, SUNY regarding my firm or any and ell subcontractors, is complete, true and accurate with regard to () any prior non-responsibiiy determinations within the past four years based upon impermissible contacts or other violations of State Finance Law §139}, as amended, ‘and §10-k, as emendea, (i) is not found on the prohibited entities lst developed as a result ofthe Iran Divestment ‘Act of 2012, NY State Finance Law §165-a, or (i) the intentional provisions of false or incomplete information to the University: \bany, SUNY. oe Mem RI Neme: _Ad¢m Rhein Tie: _ Assistant Secretary BSN Sports LLC Contractor: Address: __5.OO*POrate Drive Clifton Park, NY 12065 ‘ACKNOWLEDGMENT BY INDIVIDUAL STATEOF NEWYORK) ss: COUNTY OF a On this day of 20_, before me personally came tome known and Known to me to be The person described in and who executed the foregoing instrament and he/she acknowledged to me thet he/she ‘executed the same, Notary Public ‘ACKNOWLEDGMENT BY UNINCORPORATED ASSOCIATION STATE OF NEW YORK ) $s COUNTY OF ) On this day of 20_, before me personally came to me known and known to me to be ‘he person described in and who executed the above instrument, who, being duly swom by me, did for himselherself depose and say that he/she is a member of the firm of ‘and that he/she executed the foregoing instrument inthe fiem name of and that heVahe had authority to sign same, and he/she did duly acknowledge to me that he/she executed the same as the act and deed of said firm of ‘or the uses and purposes mentioned therein ‘Notary Public 5 "ACKNOWLEDGMENT BY CORPORATION STATE OF NEWYORK —_) Pennsylvania Ss. COUNTY OF Montgomery on this _29™ any ot daly in the year 208 before me pevonlly came Adam Rheiit to me known, who, being by me duly ‘sworn did depose and say that he/she resides in Jenkintown, PA that he/she is the — Assistant Secretary of the _BSN Sports LLC ~ the corporation deseribed in and which executed the above instrument, that he/she knows the seal of said ‘corporation; thatthe seal affixed to said instrument is such corporate seal, that it was so affixed by the order of the Board of Directors of said corporation, and that he/she signed his/her name theretp by like order. COMMONWEALTH: < THRCHREC RRESSENSTENN, Notary PobTC “Jenkintown Boro,, Montgomery. County by Commission Expires September 19, 204 ‘tanderd Contact Causes State Univerly of New York February 11,2014 samy be dy Peewee wach aby meee pat ne Dube ed aac Naehroe aieiraaeaeaean isn ear ob ‘lly aw ble cmc te be Conoco Benne Sree ta Srna ‘2. 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MINORITY GROUP MEMBER sat mean 2 Uns Sls cz pumarntenton wes and can ‘The University at Albany considers any oral or written information release prior to the issuance ofthis IPB to be preliminary in nature, and will not be bound by such information. During the IFB process, bidders should email the contact listed above, ‘The terms, conditions and all applicable information required for submitting a bid are outlined throughout this IFB, Bidders must pay strict attention to the bid submission date time, and location to prevent disqualification, To ensure compliance with the IFB requirements and prevent possible disqualification, bidders must follow the format and instructions as required herein. Pailure of bidder to follow instructions may zesult in disqualification, vyvy [Bidders Federal Tax Identification Number: NYS Vendor Identification Number Do Not Use Social Security #) |Legal Business Name of Company Bidding: [D/B/A = Doing Business As (if applicable): Frull Address (Street, City, State, Zip): |B-Mail Address: pee ‘Web Site: if applicable, place an “x” in the appropriate box: (check all that apply) 0 Small Business (if checked, provide # of employees) [Minority Owned Business Women Owned Business if you are not bidding, place “X” in box and retum this page only, [] WE ARE NOT BIDDING AT THIS TIME BECAUSE: THIS PAGE MUST BE COMPLETED AND RETURNED WITH BIDDER’S RESPONSE Page 1 of 37 Bidder Certification and Affirmation Bidder certifies and affirms as follows: 1. The Bid is an irrevocable offer for 90 days from the date of submission to the University at Albany, State University of New York, 2, The Bidder can and will provide and make available, at a minimum, the products, deliverables and/or services, as described in this IFB. 3, ‘The Bidder has read and understands the provisions of the IFB, and all appendices, attachments, and exhibits attached hereto, including: Exhibit A (Standard Contract Clauses) Non-Collusive Bidding Certification “Exhibit A-l (Affirmative Action Clauses) Vendor Responsibility Questionnaire Procurement Lobbying Law ST-220-CA and ST-220-TD Certifications 0 177 Anti-Diseriminatory Policies & Practices State Finance Law 139-1 Certification SUNY AntSwweatshop Policy hitps//4vww id-670 Encouraging Use of NYS Businesses in Contract Performance 4, The Bidder understands and agrees to comply with the requirements of the Procurement Lobbying Law, State Finance Law § 139, and § 139-k, and with OGS's procedures relating to permissible contacts, during a procurement as required by State Finance Law § 139+(3) and § 139.4(6)(b). Such requirements and procedures are posted at httos:// ‘The signer affirms under penalties of perjury that he or she is duly authorized to legally bind the Bidder referenced above and that he or she signed this Bidder Certification as the legally binding act of the Bidder. Print Full Business Entity Name By: a Signature of Person Authorized to Legally Bind the Bidder Print Name of Signatory Print Title of Signatory THIS PAGE MUST BE SIGNED AND RETURNED WITH BIDDER'S RESPONSE Page 2 of 37 Section 1: Section 2: Section 3: Section 4: Section 5: Section 6: Section 7: TABLE OF CONTENTS Introduction Bidder Qualifications Method of Award ‘Technical Specifications. Bid Submission Requirements... University Reserved Rights General Terms and Conditions. Attachments & Exhibits Invitation For Bids (IFB Coverpage) Bidder Certification Attachment 1; Bid Submission Checklist Attachment 2: References and Contract Terminations Attachment 3; NYS Apparel Workers Fair Labor Conditions & Procurement Act Compliance Attachment 4: Porcurement Lobbying Act Certification Attachment 5: Non-Collusive Bidding Certification Attachment 6; State Finance Law 139-1 Certification Attachment 7: Executive Order 177 Certification ‘Attachment 8: Encouraging Use of NYS Businesses in Contract Performance Exhibit A: Standard Contract Clauses Exhibit A-1: Affirmative Action Clauses ‘Appendix A: Financial Proposal Response Form Appendix A1: Optional Financial Proposal for Other Brands Appendix B: Manufacturers’ Certificate NYS Vendor Responsibility Questionnaire NYS Department of Tax & Finance Form ST-220-CA Page 3 of 37 CTION 1: INTRODUCTION] 1. Overview This Invitation for Bids (IFB) is issued by the University at Albany, State University of New York, hereinafter referred to as “University”. It is the intent of the University to establish a commodity contract with a qualified and experienced athletic apparel manufacturer or a manufacturers’ authorized dealer for the provision of a full range of Athletic Apparel, Uniforms, Footwear and Equipment based upon the terms and conditions set herein, 2. Term of Agreement ‘The term of the resultant agreement will be for a period of five (5) years with an anticipated term of July 1, 2019 through June 30, 2024, 3. Scope ‘The University is requesting proposals from responsible manufacturers or manufacturer authorized dealers (“Bidders”) presently engaged in the wholesale/retail sale of athletic apparel, ‘uniforms, footwear, and equipment, as specified in this IFB. Bidders are required to bid on all product categories. Failure of a bidder to provide pricing for each product category listed may be cause for rejection of the entire bid. Bids shall only be accepted from an established manufacturer or an established manufacturers’ authorized dealer. The University does not have a manufacturer or brand preference; however, the University desires to standardize with one brand from a major athletic apparel manufacturer for all sports. The resulting contract will be a catalog contract. The University will have access to full catalog offerings at the discount levels provided. Discounts must be applied to the manufacturers’ catalogs or price lists, Bidders are to complete Appendix A to include a flat discount for specified product categories as ‘well as opportunities for annual product considerations and annual enhancements / incentives. 4, Background The University at Albany (“University”) is a major public research university and the senior campus of the largest system of public higher education in the nation. One of four university centers of the State University of New York, the University at Albany has a broad mission of undergraduate and graduate education with more than 17,000 students and is the premier public ‘research University located in the capital of New ‘York. Additional information is available at The University is a member of the National Collegiate Athletic Association (“NCAA”), the ‘America East Conference, Colonial Athletic Association (Football), and the Metro Atlantic Athletic Conference (Golf). The University’s Department of Athletics supports 18 NCAA Division 1 varsity intercollegiate athletic programs that compete at the highest level of collegiate athletics and is the only public institution in the Capital Region of New York to sponsor and FCS level football program, All of the University’s men’s and women’s programs offer athletic scholarships. Additional Information is available at A. Varsity Programs: The University currently sponsors the following varsity programs Page 4 of 37 ‘Men's Sports: Baseball, Basketball, Cross Country, Track & Field, Lacrosse, Soccer, Football ‘Women’s Sports: Softball, Basketball, Cross Country, Track é Field, Lacrosse, Soccer, Field Hockey, Volleyball and Golf B. University Sports Cyclical Uniform Schedule: The University has identified the need for “Athletic cyclical uniform replacement for each sport as provided in the following chart. Spot, “fy aud 4 Se i apto8d Pe ‘iile2016 New order 2019/Purple new this year3-4 year ye, Goldnew Baseball au 4 | 17 new exter 2020 ‘Wiite and Purple new this yenr12 yea order eye Gal ordered 2016 Basketball -M 15 6 | new ender for 2019 Basketball -W 5 6 | ite Purple Gold ordered last year 12 year eye Cross Country —M 5 4 | Got jerseys order 2016.3-4 year eye ‘Cross Country -W 2 4 | ota jerseys order 206,54 yeareyle Purple new this year 3-4 year cyl, White ordered 217 84 year eee, Alt Football 105 15 _| Gray ordered 0163.4 yer eycle eld Hockey A 3 | ordered 20165-4 year eee Soceer-M u 3 | white ordered 2017-4 year cyte Purple New tha yeat-4 year yee White ordered this year 3-4 year eyle ames on ack wll eed line | Socee-W_ 2 4 | yeasiy) Putpe ordered 20163-4 year eyle Whitenew lst year3-4 year yee Purple need tobe ordered ths year 34 Sota! 23 4 ar cycle, Gray need tobe replaced 34 years ‘White purchased 20173 year eyete. Purple purchased tha year3 yeareye, Marts Lacrosse “ 4 | Gold purchased 20135 yeareyle ‘Wiite and Gold under armour Uniforms with eam dal Should be Women’s Lacrosse 34 4 | epee after this season. ‘New purple uniforms purchased lst year. 2 year cyl, Bottoms purchased yearly Whit wriformsotdered in 2017 only for student athletes competing TeacfPiald-M. s 6__| inegionats ‘New purple uniform purchased lst year. 2yeor cycle, Bottoms purchased yealy White uriforms ordered in 2017 only for shdent athletes competing Trac Peld-W 6 6 | inregionats ‘White unifoms purchased 20179 year cycle. Purple uniforms purchased Vateybatt 2» 4 | fortis year 34'yer eye Match polos in White, Purpe,Gold, Antec and Pik purchased yey. Womew’s Galt 7 2 | Astong as match skits purchased yealy. Page 5 of 37 C. University at Albany 2018 ~ 2019 Estimated Season Spend ‘The values presented below are for informational purposes only. Manufacturer Category Estimated 18-29 Spend Nike gital Uniforms 50,000 Nike Hats 30,000 Nike Stock Apparel 258,000 Nike Custom (Sideline) Coach Apparel 190,000 Nike Footwear 80,000 Nike Equipment & Accessories 34,000 Nike Marketing Credit (retall) 40,000 Nike Purchase Credit (50% off retall) 27,000 Gilden Stock 4,000 Mizuno Stock 5,000 Under Armour Stock 37,000 TOTAL $755,000 5, Key Events /Dates EVENT DATE TIME TFB Release April 30, 2019 NA Closing Date for Bidders Questions May 22, 2019 5:00 pm University Responses to Bidder May 29, 2019 NIA Questions Bid Opening / Due Date for Bids June 7, 2019 2:30 pm Contract Approval Date July 2019 NIA 6. Bis sstic d Requests larification By submitting a proposal, the bidder agrees that it will nether make any claims for nor assert any right to, damages because of any misunderstandings or lack of information. Questions that arise as a result of this IFB are to be submitted in writing no later than May 22, 2019 at 5 p.m. EST to, All bidder questions, along with the University’s accompanying answers, will be issued in the form of an Addendum to the IFB, Bidder questions will be published without identifying information, Questions submitted after the deadline may not be answered, Ifa Bidder intends to submit a Bid that deviates from the requirements of the IFB in any way, the proposed deviations should be submitted during the Questions period so that they may be given due consideration prior to the submission of Bids. 7. Procurement Lobbying Pursuant to State Finance Law § 139-j and § 139-, this Solicitation includes and imposes certain restrictions on communications between the University and a Bidder during the procurement process. A Bidder is restricted from making contacts from the earliest posting through final award Page 6 of 37 and approval of the Procurement Contract by the University and, if applicable, the Olfice of the State Comptroller ("restricted period”) with anyone other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law § 139- 4(@)(a). Designated staff, as of the date hereof, is identified on the first page of this Solicitation. University employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Bidder 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 Bidder is debarred from obtaining governmental Procurement Contracts for four years. Bidder is advised that the University’s intent in having the requirements listed below is to ensure that a qualified and responsible Vendor performs the work of the resulting Contract, Bidders shall have the burden of demonstrating to the satisfaction of the University thatit can perform the work required. ‘The University retains the right to request any additional information pertaining to the bidder's ability, qualifications, financial capacity, and procedures used to accomplish all work under the resulting Contract as it deems necessary to ensure satisfactory work. A Bidder shall meet the following qualifications: Bids will be accepted only from responsible manufacturers and manufacturer's authorized dealers. Bidders must provide in their proposal the manufacturer's certificate specified as Appendix B - ‘Manufacturer's Certificate. Bidder’s submitting a response hereby guarantees that it is an authorized desler of the manufacturer and that the manufacturer has agreed to supply the dealer with all the quantities of the products required by the Bidder in fulfillment of its obligation under any resultant contract with the University. The Bidder shall have sufficient inventory and personnel and/or prompt access to appropriate materials / equipment and personnel to quickly and efficiently perform all contract services to the satisfaction of the University Bidder must maintain a business establishment with adequate inventories of products offered in their proposal, and must be capable of processing and shipping a large volume of orders to the University. ‘A contract under this IFB shall be awarded on the basis of lowest cost, according to the method described below. Award will be made to the vendor meeting the specifications and deemed to be responsive and responsible. 1. Administrative Review: Each proposal received by the due date and time will be screened for completeness and conformance with the requirements for bid submission as set forth in Section 5, Bid Submission Guidelines, Proposals received after the due date and time will not be opened nor returned to the sender. 2. Financial Evaluation; Each Proposal remaining after the Administrative Review will be advanced for financial evaluation. ‘The highest average discount off manufacturer's catalogs or price lists, plus highest product consideration, plus highest additional enhancements / incentives. For University Use Only Category Discounts: Points Awarded = Bidders Discount X70 Total Points Highest Discount Evaluated Page 7 of 37 Product Considerations: Points Awarded = Bidder's Product Consideration X 25 Total Points Highest Product Consideration Evaluated Additional Enhancements/Incentives: Points Awarded = Bidder’s Additional Enhancements/Incentives X 5 Total Points Highest Additional Enhancements/Incentives Evaluated Total Points Awarded = Category Discounts + Product Considerations + Additional Enhancements / Incentives 3. Selection: The proposal earning the highest Financial Evaluation score will be selected to contract with the University to provide the products as set forth in this IFB, The successful bidder will be notified by the University. Tentative award of the contract shall consist of written notice to that effect by the University to the successful vendor. 1. Minimum Product Requirements: The University requires the following as minimum product deliverables: a) Provide three (3) different levels of uniforms: stock, modified and custom, b) Provide men’s and women’s cuts in apparel and uniforms ©) Provide tall and large sizes in apparel and uniforms ) Provide all footwear in standard sizes as well as large / wide sizes e) Provide apparel and uniforms beating the same manufacturer's trademark per NCAA apparel compliance 2. Inventory: The selected Bidder shall maintain a business establishment with adequate inventories of the product offered and must be capable of processing and shipping large numbers of various orders. 3. Custom Items: Selected Bidder shall also be able to provide custom items or products fashioned to the University’s specification that could have sport specific production periods. The Bidder must identify minimum quantity order for custom item orders, The vendor should deliver all custom items within twelve (12) weeks of receipt of order. 4, Stock Items: Selected Bidder shall be able to provide stock items, which are considered products available for ordering at any time throughout the life of the contract. The vendor should deliver all stock items within four (4) weeks of receipt of an order. The bidder must provide their “Return Goods Policy” for a stock item exchange (i, size) and any restrictions to the policy. 5. Samples: Selected Bidder shall bring sample products to the University within five (6) business days of request. Access to this onsite “show room” will be made available to the University’s coaches, players, equipment managers and staff so that they may see, try on, touch and feel the latest products for purchasing. 6. _ NewProducts: New products will be considered for inclusion provided they are pertinent to the award description and offered to the University at the same terms and conditions and discount Page 8 of 37 8. 10. 1. 12, 13. 4, 15. levels consistent with category discounts set forth in the Bidder’s original bid and at pricing levels deemed to be reasonable and in the best interests of the University. ‘Quality Assurance: All work shall be quality work performed according to the standards of the industry, in the best practices of the trade, and to the complete satisfaction of the University, ‘Warranties: The Bidder warrants that items offered will conform to the specifications requested, to be fit and sufficient for the purpose manufactured, of good material and workmanship and free from defect, Items offered must be new and unused and of the latest model or manufacture, unless otherwise specified by the University. They shall be equal in quality and performance to those indicated herein. Descriptions used herein are specified solely for the purpose of indicating standards of quality, performance and/or use desired, Exceptions will be rejected, Guarantee: Every unit delivered shall be guaranteed against faulty material and workmanship for the period specified in the manufacturer's guarantee policy. If, during this period, such faults develop the University will work with the vendor and manufacturers to identity an appropriate resolution, including replacement without any cost to the University. ‘Taxes: Bidder pricing shall exclude all taxes and duties of any kind, which the vendor may be required to pay with respect to the sale of products covered by this IFB. Shipping / Delivery: The prices herein specified shall include all charges and expenses in connection with the packing of the products and their delivery to the University, unless specifically excluded, All products are to be delivered F.O.B. (Free on Board) destination to any point at the University as directed by the University. The vendor shall deliver all items ordered in accordance with the time frame set forth as agreed upon at the time of order. Customs Service: If the product(s) is/are being manufactured in another country and require customs services, the cost of such service and any applicable importation fees shall be bore by the vendor and incorporated in the price bid, Incorrect Shipments: Bidder will be responsible for quality customer service and timely cottection for any incorrect shipment. If the error is not on the University’s part, vendor will assume all necessary replacement, embellishment, and shipping costs to correct the error, The University will accept manufacturer restocking charges due to errors on the part of the University. The restocking charges are not subject to the vendors’ mark-ups, Returns, Exchanges, Backorders, Cancellations: Bidder will accept all non-embellished products for a full refund with no restocking fee, Custom orders are not returnable; however, if the Bidder is in error, the Bidder will be responsible for the total cost of replacement. All returns will be handled exclusively by the vendor(s) as follows: a) Vendor(s) must pick up and return merchandise to manufacturer at vendors’ expense b) Pick up of merchandise to be returned must be within forty-eight (48) hours ©) 100% return guarantee on defective products ) 100% return guarantee on any item in original packaging within thirty (30) days of receipt e) Vendor is responsible for all returns on any incomplete orders or merchandise shipped incorrectly Contract Price Lists: Bidders must submit with their bid, without charge, a copy of each proposed manufacturer price list(s) and catalogs) in effect on the date of the bid opening. Page 9 of 37 16. 17. 18. 1) ‘The successful vendor, throughout the duration of the contract, will be required to furnish to the University, upon request and without charge, catalog(s) and price lists related to the products that will be available to the University under any subsequent award, ») ‘The successful vendor, throughout the duration of the contract, will be required to notify the University of any known upcoming changes to manufacturer price lists, Product Discount Pricing: Standardized pricing shall be based on a fixed percentage (%) discount off current published manufacturer's list price by product category. The Bidder is to provide the fixed percentage discount off the manufacturer's currently published list price in ‘Appendix A of this IFB. a) Product Discounts must be based on the most current manufacturer's list price and will be applied to the total product cost, including product embellishments, b) Although Manufacturer's list price may be updated as the manufacturer issues updated catalogs and price lists, percentage discounts submitted may not be decreased throughout the life of the resultant contract. ©) The successful vendor may promotionally lower prices or increase discounts for any products at any time. 4) Bidders discount must be submitted as a percentage by product category (Appendix A). Price Adjustments: The discounts from the referenced manufacturer's catalog submitted by the Bidder on Appendix A will be firmly fixed for the contract term, exceptiin the event ofa discount increase. Price decreases or discount increases are permitted and encouraged at any time. a) ‘The contract prices may be subject to increase or decrease duting the contract period in accordance with changes made by the supplier in their established nationally distributed price list or published catalog. Catalog or price lists may indicate increases or decreases in pricing, but the percentage discount per category originally accepted for award must not be decreased during the contract period. The category structures originally accepted for award must not be altered throughout the term of the agreement. b) Notifications of discount increases may be submitted to the University for consideration at any time during the contract period and will become effective immediately, Discount quotations shall include delivery to the University. Embellishments: Although the winning bidder is expected to do the majority of all embellishments in-house and items mustbe delivered already embellished to the University, the University reserves the right to purchase embellishments, as needed, from other vendors to cover its requirements, The University will provide the embellishment requirements atthe time of order. Bidders are required to offer the University embellishment pricing options that include, at a minimum: ‘© One and two color lettering; + Team and player names in choices of two font sizes; + Front/back numbers in choices of two font sizes; «Yoke & sleeve numbers/stripes; and * Logos and patches ‘The bidders’ discounts listed on Appendix A — Financial Proposal Response Form, must include all costs associated with embellishments. Page 10 of 37 1. 20. 21. 22, 23. 24, 25. Product Consideration: The Bidder must provide an annual minimum product consideration value (Appendix A) which will be provided at the commencement of the contract and within thirty (80) calendar days of the contract anniversary date for years two (2) through five (6). The annual value will be provided in the form of a credit towards manufacturer's products, for use by the University based on category-specific discounted pricing. The University will have the ability to negotiate an increase in the annual product consideration value. ‘Additional Enhancements / Incentives: In addition to Product Discounts and Product Consideration, the Bidder is to provide, in Appendix A, any additional enhancements / incentives in the form of sponsorship opportunities and performance bonuses based on factors important to the Bidder and represented manufacturer brand such as: sponsorship opportunities, spend levels, brand recognition, and team performance. Requirements for Product Consideration and Additional Enhancements / Incentives: a) In order to adhere to NYS, State University of New York and the University at Albany's policies, formal credits must be issued to the University for Product Consideration. b) Products ordered with credits provided through Product Consideration and Additional Enhancements / Incentives must be provided at the quoted discount prices, using the then current retail price with product specific discount applied. c) Products ordered with credits must be invoiced to the University where credits are appropriately applied. 4) Product Consideration and Additional Enhancements /Incentives will be in effect for the life of the contract, e) Annual Product Consideration must be issued to the University at the beginning of each Contract Year. ) The successful vendor will be required to track and document all purchases applied to the Product Consideration and Additional Enhancements / Incentives amounts. A quarterly statement with documentation shall be submitted to both the University's Athletic ‘Department and Procurement Services Office. Customer Service: ‘The Bidder shall provide a quality service plan. The Bidder must provide a designated customer suppott team and point of contact for the University. Problems encountered with ordering, pricing, backorders, returns, billings and deliveries shall be directed to the primary account representative, All members ofthe Bidder’s customer support team must be available to the University via email, on-line, toll free telephone center and face-to-face meetings when requested by the University. The customer support team must be accessible and provide the University with same day responsiveness. Ordering: The University will place orders primarily by submitting a Purchase Order to the vendor via email and/or fax. Only authorized representatives of the University will be allowed to place orders. The vendor will be responsible for verifying that all orders placed by the University adhere to the terms of this contract, and conditions of the manufacturer, P-card Ordering: While it is preferred to use the Purchase Order method, all Bidders are required to accept the University’s Procurement P-card in lieu of a purchase order. Online Ordering: ‘The vendor must adhere to and remain current with all applicable e- commerce security requirements. Software required for online ordering must be provided by the vendor at no additional cost to the University. The online ordering service should have an up-time of 100% Monday - Friday 7 am to 6 pm EST, Online services outside this timeframe Page 11 of 37 26. 27. 28. should have an up-time of 99%. When there are online interruptions of service, the vendor must be fully capable of receiving orders via phone and/email. Invoicing: Bach invoice should have the correct Purchase Order number shown on the invoice. Net terms do not start until the merchandise is received in satisfactory condition and the University’s Account Payable department has received the original invoice. Invoices must clearly indicate: a) Vendor's Federal ID Number b) Purchase Order and Contract number ©) Description of material and quantity ) The list price from the appropriate catalog e) The contract discount percentage £) Thenet total after discount ) Credits applied for Product Consideration and/or Additional Financial Incentives NYS Apparel Workers Fair Labor Conditions & Procurement Act Compliance (Anti- Sweatshop): All apparel purchased under any subsequent contract award shall be procured in accordance with and conformity to the Federal Fair Labor Standards Act. The Bidder must provide cettification of compliance with fair labor conditions in accordance with Chapter 350 of the Laws of New York 2002, ‘The Bidder Certification Statement (Attachment 3: NYS Apparel Workers Fair Labor Conditions & Procurement Act Compliance). The form must be completed and signed by the bidder and must be notarized for inclusion in bidder's bid response documents in, compliance with this Law. The University will not enter into a contract to purchase athletic apparel, uniforms, footwear and equipment with a bidder that is unable or unwilling to provide documentation: (a) attesting that such apparel and/or equipment was manufactured in compliance with all applicable labor and occupational safety laws, including, but not limited to, child labor laws, wage and hour laws and workplace safety laws; (b) stating if known, the name and address of each subcontractor to be utilized; and (c) stating, if known, all manufacturing plants utilized by the vendor or subcontractor. Policy - http:/ + Procedure - http://www id=672 ‘Trademarks and Licensing: ‘The University utilizes a licensing agent in its trademarks and licensing program. It is each bidder's responsibility to become familiar with the University’s licensing requirements, Information is available at: ‘The vendor must be an official licensee of the University or have submitted an application to obtain a license within ten (10) business days of contract award, A license may be obtained through an application and review process conducted by the University’s licensing agent. All products sold must be officially licensed products and, when requited, with appropriate University logo and marks ‘The Bidders response to this IFB must be inclusive of any fees associated with this licensing process, The successful vendor(s) must show written proof of the license issued prior to the fabrication of any items with a participating campuses mark, logo or insignia. ‘The University rigorously enforces the ownership and proper use of their trademarks by monitoring the marketplace to ensure that only officially licensed merchandise that meets visual Page 12 of 37, idéntity standards is produced, Signature marks may not be used in any way that discriminates or implies discrimination against any persons or groups based on age, ancestry, belief, color, creed, disability, national origin, race, religion, sex, sexual orientation or veteran status, or in any way that would be a violation of the University's anti-discrimination policies or practices, Signature marks may not be used in any manner that suggests or implies that the University endorses other organizations, companies, products, services, political parties ot views, or religious organizations or beliefs, ‘To help ensure Bidders do not overlook important submission requirements, Attachment 1: Bid Submission Checklist is provided as a courtesy in this IFB. Each Bidder is expected to provide responses to ll the items on this list. Failure to do so may result in rejection. 1. Format of Bid Submission a) The format of the Proposal is detailed below; failure to include any part of the required format may result in rejection. ) Submission of a proposal signifies that the vendor accepts and understands the terms and conditions specified in the IFB. ) A complete proposal consists of all documents specified in Attachment 1: Bid Submission Checklist. 44) Proposals must be presented in a format that can easily be incorporated into a contract between the Bidder and the University, encompassing the guidelines detailed herein. ©) Bidders must submit all information requested by the University in written form. Proposals must ‘be complete, accurate, and in the form requested, Omissions, inaccuracies or misstatements will be sufficient cause for the rejection of a proposal, Bidders are responsible for the accuracy of their proposal, No facsimile or emailed proposals will be accepted. f) Any terms included in, attached to, or referenced in a Bidders Proposal shall not be considered a part of the bid or proposal, but shall be deemed included for informational purposes. 2) Submit five (5) identical proposals, consisting of two (2) originals and three (3) photocopies ofall documents set forth in Attachment 1, Bid Submission Checklist, 2, Proposal Delivery: Bidders assume all risks for timely, properly submitted deliveries. Proposals received after the due date and time, June 7, 2019 at 2:30 pm EST will not be considered. All proposals must have a label on the outside of the box or package with the following information clearly labeled: “SEALED BID -IFB # BS043019” Mailing Address: Mr. Corey Vein University at Albany 1400 Washington Ave MSC 302 Albany, NY 12222 ‘All hand-delivered proposals will be time stamped and logged in by the University’s Procurement Services office. 3, Tobe deemed “responsive” to this IFB, a Bidder must meet all requirements specified in this IFB and submit all documents listed in Attachment 1 “Bid Submission Checklist”, In the event a Bidder’s proposal is determined by the University to be “non-responsive,” the University is required, by Page 13 of 37 10. 1. procedure, to disqualify such proposal, and the Bidder submitting that proposal will not be further evaluated or considered for contract award. The submission of a proposal constitutes a non-revocable, binding offer to perform and provide said services, Such binding offer shall be firm and not revocable for a period of ninety (90) days from bid opening. ‘The proposal must be fully and properly executed by an authorized person, and the authorized person's signature must be notarized. By signing, you certify (i) your express authority to sign on behalf of yourself, your company, or other entity; (i) your full knowledge and acceptance of this Invitation for Bid, Exhibit A (State University of New York Standard Contract Clauses), Exhibit A-L (State University of New York Affirmative Action Clauses), State Finance Law §139-j and §139-k (Procurement Lobbying Certification); and (jii) that all information provided is complete, true and accurate, By signing you further affirm that you understands and agree to comply with the procedures on permissible contacts relating to this procurement as required by State Finance Law §1394 (3) and §139-j (6) (b). These procedures may be accessed at: Procurement Lobbying: .ogs.stat faboutOgs/res jons/de tAdvisoryCouncil html Manufacturers Certificate: Bidder must provide manufacturer's certificate by completing Appendix B. Letter of Introduction: Bidder must describe their company’s experience in the manufacturing and/or selling of athletic apparel, uniforms, footwear and equipment in the collegiate marketplace. Cover letter should confirm that the Bidder does or will possess and provide all licenses, permits and any other certification required to engage in and perform the required services. Bidders’ Returned Goods Policy: Bidder must submit their company’s policy for returned goods including: Custom Orders, Stock Item Exchanges, Shortage or Damaged Claims, Restocking Fees, and Defective Goods Minimum Quantities: Bidder must specify minimum quantities for custom item orders, References & Contract Terminations: Bidder must submit the following: a) Provide a minimum of (3) three references from collegiate clients, with at least one (1) from an NCAA Division I University with a Football program, References should be able to address the Bidder’s performance with similar scope and volume of this IFB. b) The reference listing should include customer's name, address, contact name of an individual, contact telephone number and years serviced. ‘The University reserves the right to contact, make inquiries and visit any bidder’s customer so listed by bidder. ©) Provide a list of contracts terminated by your company's customers within the past 5 years (if applicable). Determination of Vendor Responsibility: New York State procurement law requires the University to award contracts only to responsive and responsible contractors. Additionally, the New York State Comptroller must be satisfied that a proposed contractor is responsible before approving a contract under Section 112 of State Finance Law. Section 163 of the State Finance Law (SFL) requires that contracts for commodities be awarded on the basis of lowest price “to a responsible and responsible offerer”. Section 163 (9)f of the SFL requires that prior to making a contract award, the University shall make a determination of the responsibility of the proposed contractor. In accordance with the applicable procurement laws, the University will conduct an affirmative review of vendor responsibility. In doing so, Bidders are required to file the required Contractor Responsibility Questionnaire online via the New York State VendRep System or may choose to Page 14 of 37 12. 13. 4. 15. 16. wv. 18. 19. complete and submit a paper questionnaire (included in this RFP). To entoll in and use the VendRep System, see the VendRep System Instructions on the Office of State Comptroller (OSC) website, available at: or go directly to the VendRep System online at hitpsi/ For VendRep System user assistance, the OSC Help Desk may be reached at 866-370-4672 or 518-408-4672 or by email at Bidders must complete the Vendor Responsibility Questionnaire either online or in paper format (Attached). NYS Apparel Workers Fair Labor Conditions and Procurement Act Compliance Each Bidder must provide certification of compliance with fair labor conditions in accordance with Chapter 350 of the Laws of New York 2002, The Bidder Certification Statement (Attachment 3) ust be completed and signed by the bidder and must be notarized for inclusion in bidder's bid response documents in compliance with this Law. Procurement Lobbying Act: Proposals must include State Finance Law §13%+ and §139- Procurement Lobbying Certification (Attachment ), By signing, the Contractor affirms and agrees to comply with the procedures on permissible contacts relating to this procurement as required by State Finance Law §139, (3) and §139+ (6) (o). These procedures may be accessed at: Procurement Lobbying: ht! fregulatior ItAc Council.html Non-Collusion Certificate: Bach Bidder must complete and return Attachment 5 with their bid. New York State Finance Law 139-I: Bidders must complete and return Attachment 6 with their bid. Equal Employment Opportunities: Bidders must provide a copy of their company’s offical EEO policy statement. Executive Order 177: Bidders must complete and return Attachment 7 with their bid. Encouraging Use of New York State Businesses in Contract Performance: Each Bidder must demonstrate their commitment to the use of New York State businesses by completing Attachment 8. Financial Proposal: The most recent manufacturer's catalogs should be used for purposes of bidding catalog discounts and product considerations in Appendix A, Financial Proposal Response Form. Discounts provided will include costs associated with product embellishment. Bidders must complete and submit Appendix A with their proposal. Workers’ Compensation Insurance & Disability Benefits Coverage Requirements: Bidders must provide proof of workers compensation insurance & disability benefits coverage. Workers’ Compensation Law (WCL) §57 & §220 requires the heads of all municipal and state entities to ensure that businesses applying for permits, licenses or contracts document it has appropriate workers’ compensation and disability benefits insurance coverage. These requirements apply to both original contracts and renewals, whether the governmental agency is having the work done or is simply issuing the permit, license or contract. Failure to provide proof of such coverage or a legal exemption will result in a rejection of your bid or renewal. 1, of of Compli: Workers’ Cor i Requir: Workers’ Compensation Law (WCL) §57 & §220 requires the heads of all municipal and state entities to ensure that businesses applying for permits, licenses or contracts document it has appropriate workers’ compensation and disability benefits insurance coverage. These requirements apply to both original contracts and renewals, whether the governmental agency Page 15 of 37, shaving the work done or is simply issuing the permit, license or contract, Failure to provide proof of such coverage ora legal exemption will result in a rejection of your bid or renewal ‘An ACORD form is NOT acceptable proof of workers’ compensation coverage. In order to provide proof of compliance with the requirements of the Workers’ Compensation Law pertaining to workers’ compensation coverage, a contractor shall: 'A) _Belegally exempt from obtaining Workers’ Compensation insurance coverage; or B) Obtain such coverage from an insurance carrier; or ©) Bea Workers’ Compensation Board-approved self-insured employer or participate in an authorized self-insurance plan. ‘A Contractor seeking to enter into a contract with the University shall provide one of the following forms to the University at the time of bid submission: |A) Form CH-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 (www.web; reference applicable IFB and Group #s on the form. B) Certificate of Workers’ Compensation Insurance: 1) Form CA05.2 (9/07) if coverage is provided by the contractor's insurance cartier, contractor must request its carrier to send this form to the University, or 2) Form U-263 if coverage is provided by the State Insurance Fund, contractor ust request that the State Insurance Fund send this form to the State University of New York. ©) Form SI-12, Certificate of Workers’ Compensation Self-Insurance available from the ‘New York State Workers’ Compensation Board's Self-Insurance Office. D) Form GSI-105.2, Certificate of Participation in Workers’ Compensation Group Self Insurance available from the contractor’s Group Self-Insurance Administrator. 2. Proof jliance with Disability Benet ve In order to provide proof of compliance with the requirements of the Workers Compensation Law pertaining to disability benefits, a contractor shall: |A) _ Belegally exempt from obtaining disability benefits coverage; oF B) Obtain such coverage from an insurance carrier; oF C) _ Bea Board-approved self-insured employer. ‘A Contractor seeking to enter into a contract with the State of New York shall provide one ofthe following forms to the University atthe time of bid submission or shortly after the opening of bids: ‘A) Form CE-200, Certificate of Attestation for New York Entities With No Employees and Certain Out of State Entities, That New York State Workers’ Compensation and/or Disability Benefits Insurance Coverage is Not Required, which is available on the Workers’ Compensation Board's website (; (Reference applicable IFB/REP and Group #s on the form.) Page 16 of 37 A B. Cra B) Form DB-1201, Certificate of Disability Benefits Insurance. Contractor must request its business insurance carrier to send this form to the University. €) Form DB-155, Cettificate of Disability Benefits Self Insurance. ‘The Contractor must call the Board's Self-Insurance Office at 518-402-0247 to obtain this form. ALL OF THE ABOVE REFERENCED FORMS, EXCEPT CB-200, SI-12 & DB-155 MUST NAME: “The State University of New York as the Entity Requesting Proof of Coverage (Entity being listed ‘as the Certificate Holder). The following are websites that contractors/vendors can refer to: ttpi// hitpulfarww.web state jsp http://www.wch jerfoutOfStateEmp DB,sp [naan TS} ectronic IPB: Electronic copies of this RFP and related forms are available via ema fom Mr. Corey Vein, University Purchasing Associate, at ‘The Uni fs ts To: 10. i. 2. 2B. a. 15, Withdraw the IFB at any time, at the University’s sole discretion. Reject any and all proposals received in response to this FB. ‘Award no contract. Make an award in whole or in part. Waive minor irregularities. . Prior to the bid opening, amend the IFB specifications to correct errors of oversights, or $0 supply additional information, as it becomes available, Waive requirements or amend this IFB upon notification to all Bidders, Mandatory requirements may be eliminated if unmet by all Contractors. Reject any or all portions of a proposal, to negotiate terms and conditions consistent swith the TFB and to make an award for any or all xemaining portions, Disquality any Contractor whose conduct and/or proposal fails to conform to the requirements of the IFB. ‘Advise the successful Bidder of an objectionable employee(s). ‘Use proposal information obtained through ste visits, management interviews and the site's investigation of a Contractor's qualifications experience ability or financial standing, and any material or information submitted by the Contractor in response to the University’s request for Clarifying information, inthe course of evaluation and/or selection under the TFB. ‘Adjust ot correct financial compensation figuzes wit the concurrence ofthe Bidder if mathematical or typographical errors exist ‘Negotiate with Bidders esponding to this IF within the requirements necessary to serve the best interests of the University. Request certified audited financial statements fr the past thee (8) completed fiscal yrs and/or other appropriate supplementation including, but not limited to, interim financial statements and credit reports. ‘Terminate any resulting contract for: (1) unavailability of funds; (2) cause; (8) convenience; (4) in the event the certifications filed by Bidder in accordance with State Finance Law $9139, and 189- kare found to be intentionally false or intentionally incomplete; and if applicable, the Department of Taxation and Finance Firm Certification Form ST-220CA is false or incomplete. Upon such finding, the University may exercise its termination sight by providing watten notification in accordance with the notification provisions of the contract. Page 17 of 37 L 3 2 16. Begin contract negotiations with another Bidder in order to serve the best interests of the University, should the University be unsuccessful in negotiating a contract with the successful Bidder within an acceptable time frame. 17, Request clarifications from Bidders for purposes of assuring a full understanding of responsiveness, and permit revisions from all potential awardees prior to award, 18, Terminate the resulting contract with thirty (30) days written notice, TION 7: Notification of Errors, Inquiries and Interpretation: Bidder is responsible to bring to the University's attention any deviations in the technical specifications and to make recommendations for any additional requirements deemed necessary as standard in the specifications contained in this IPB, If the University inits discretion finds the deviations to be significant so as to require a change in the necessary specifications, the University will notify all prospective Bidders in writing of the change in specifications. No deviations from the technical specifications provided herein shall be made without written approval of the University ‘No Claims or Rights: By submitting a proposal, Bidder agrees that it will not make any claims for, or have any right to damages becase of any misinterpretation or misunderstanding of the specifications or because of any misinformation or lack of information, Conflict of Interest: Bidder may be requested to provide evidence that the award of a Contract will not result in () a conflict of interest with regard to other work performed by Contractor; or (ii) a potential conflict of interest among Contractor's staf ‘Acceptance of IFB Content: The terms and conditions included in this IFB as well as the applicable portions of Bidder’s proposal shall become contractual obligations if a contract is awarded, Bidder’s failure to accept these terms and conditions shall result in rejection of the bidder's proposal, Standard Contract Clauses: Any contract awarded resulting from this IFB shall include Exhibit A; State University of New York Standard Contract Clauses and Exhibit A-1 Affirmative Action Clauses. The provisions of Exhibit A and Exhibit A-1 shall take precedence over any provision in this IFB or any provisions in the contract awarded, The resulting contract shall contain the following documents, which in the event of a conflict, the following document hierarchy shall apply: Exhibit A, Exhibit A-1, the Fully Executed Agreement, Exhibit B he IFB), and Exhibit C (the Vendor's Proposal). ‘Valid Negotiations: No negotiation decision or actions shall be executed by any Contractor as a result of any oral discussions or agreements with any University employee. Only those transactions that are in writing shall be considered valid. Likewise, the University shall only consider communications from. bidders that are signed and in writing. Binding Effect: The Contract awarded shall be binding upon its execution by both parties, Confidentiality/Freedom of Information Law: All proposals submitted for the University’s consideration will be held in confidence and will become the property of the University, However, the resulting contract is subject to the New York State Freedom of Information Law (FOIL), contained int [Article 6 of the New York State Public Officer's Law. Therefore, if a Bidder believes that any information in its proposal constitutes a trade secret, should be treated as confidential and should not be disclosed ‘upon a request pursuant to FOIL, Contractor shall submit with its proposal a separate letter, ina separate sealed envelope, addressed to: Lisa A. Taylor, Campus Records Access Officer, UNH 203, 1400 ‘Washington Ave, Albany, NY 12222 specifically (i) identifying the page number(s), line(s) or other appropriate designation(s) containing such information; (i) explaining in detail why such information is a trade secret or confidential; and (ii) formally request that such information be held as confidential Contractor's failure to submit such a letter with its proposal will constitute a waiver by the Contractor of any rights it may have under Section 89(6) of the Public Officers’ Law relating to protection of trade secrets. The proprietary nature of the information designated confidential by the Contractor may be Page 18 of 37 10. 1. 13. subject o disclosure if ordered by a court of competent jurisdiction ‘A request that an entire proposal be xept confidential is not advisable, because a proposal cannot ‘reasonably consist exclusively of proprietary information. Office of Federal Contract Compliance Programs: This Contractor shall abide by the requirements of 41 CHR $§ 60-3005) and 60-7415(0). These regulations prohibit discrimi ion against qualified ‘adividuats onthe basis of protected veteran status or disability, and require affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans and individuals with disabilities Governing Law: This IB, Bidders’ proposals and any resulting contract shall be governed, construed eh enforend in accordance with the laws ofthe State of New York, The Agreonet and the performance ti the parties shall be controlled and governed by the laws ofthe Stake of New York, In the event of any disagreement between the parties concerning the terms and conditions of the Agreement, both parites agree that the Supreme Court ofthe tate of New Yorkin and for ‘Albany County shall be the determinative court of jurisdiction for any dispute. Determination of Contractor Responsibility: New York State procurement law requires the University perernrd contracts only to responsive and responsible contractors. In accosdance ‘with the applicable ara ent laws, Contractors are required to file the required Contractor Responstbility Questionnaire aaseeita the New York State VendRep System or may choose to complete and submit a paper questionnaire (included in this REP), To enzo in and use the -VendRep System, see the VendRep System seerretions on the Office of State Comptroller (OSC) website, avelable a: wrarwosesla Doe or go directly to the VendRep System ‘online at httpsi/ For VendRep ‘System user secatance, the OSC Help Desk may be reached at 866-370-4672 of 518-408-4672 or by email at osc. Bidders must complete the Vendor Responsibility Questionnaire either online ‘rin paper format (Attached). ‘ran Divestment Act: By submitting a esponse to this IRB or by assuming the responsibilty of a an ract awarded hereunder, idder/Contracor (or any assignee) certifies that t {s not on the “Entities Determined To Be Non-Responsive Bidders(Offerers” list established pursuant fo ‘The New York State pan Divestment Act of 2012 list ("Prohibited Entities List”) posted on the OCS website at: htipifwivwogsny. gov/aboutiregs/docs/ListofEntities pas and further certifies that it will not utilize on aie Contrset any subcontractor that is identified on the Prohibited Entities List ‘Additionally, Bidder/Contractr is advised that should it seek to new or extend a Contract awarded in response to the solicitation it must provide the same cetificetion atthe time the Contacts renewed or extended. ‘During the term ofthe Contract, should the University receive information that a person (as defined in clue nance Law §165-a isin violation of the above-referenced certifications the University will avear auch information and offer the person an opportunity to xespond. If the person fails to vramorateate that i ha ceased its engagement inthe investment activity which is 0 violation of the Act

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