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The New York State Urban Development Corporation (d. b. a. Empire State Development - ESD) is issuing this Request for Proposals (RFP) for ground maintenance services. Proposals must be submitted by a deadline that is not explicitly stated but late submissions will not be considered. Questions regarding the RFP should be submitted via email to ***@***. *. *, citing the RFP page and section. Oral questions are not accepted, and questions received after the deadline may not be answered. A comprehensive list of questions and official responses will be posted as an addendum. ESD reserves the right to amend, modify, withdraw, revise requirements, require supplemental statements, accept or reject responses, extend deadlines, negotiate terms, correct or clarify responses, cancel or reissue the RFP, or extend agreement terms. All costs associated with responding are at the respondent's sole expense. Submitted information is subject to the Freedom of Information Law (FOIL). The awarded contract may be subject to review and approval by the Office of the State Comptroller (OSC) for contracts exceeding one million dollars. Contractor performance will be assessed based on timely and professional achievement of contractual obligations. The contractor warrants that services will be performed according to applicable professional standards and will correct any errors at no charge. ESD may make changes or additions to the work, with equitable adjustments to price and time if costs or time are affected. Claims for adjustment must be asserted within 30 days of notification of change. Contractor staff assigned to the project are subject to ESD's approval, and proposed staff changes require immediate notification and ESD's approval, which will not be unreasonably withheld. Subcontracting requires prior written approval from the State Project Manager, which will not be unreasonably withheld. All employees and subcontractors must possess necessary qualifications, training, licenses, and permits, and be legally entitled to work in the jurisdiction. Compliance with all applicable federal and state employment laws is required. Bidders must certify they have not colluded with other respondents. Respondents must attest to compliance with conflict of interest provisions, including restrictions on gifts and offers of employment to ESD employees. Disclosure of potential conflicts and ethics investigations is required. Compliance with State Finance Law Sections 139j and 139k regarding permissible communications during the restricted period is mandatory. Respondents must submit the Offeror Disclosure of Prior Nonresponsibility Determinations and Affirmation of Understanding and Agreement. Vendor responsibility is a key criterion, requiring financial ability, organizational capacity, legal authority, and satisfactory performance of prior contracts. Respondents must register in the State's Vendor Responsibility System (VendRep) or submit a paper questionnaire completed within one year of proposal submission. Bidders must certify they are not on the Iran Divestment Act list. Compliance with Executive Order 16 (prohibiting contracts with businesses in Russia) and Executive Order 177 (prohibiting discrimination and harassment) is required. Vendors must implement and attest to a gender-based violence and workplace policy. Nondiscrimination and contractor supplier diversity requirements are in place, encouraging participation of New York State-certified Minority and Women-Owned Business Enterprises (MWBEs) and ensuring Equal Employment Opportunities. A Minority and Women-Owned Business Enterprise and Equal Employment Opportunity Policy Statement (OCSD1) must be submitted with the bid. Workforce utilization reports will be required quarterly. Bidders are encouraged to consider Service-Disabled Veteran-Owned Businesses (SDVOBs). Respondents are encouraged to consider New York State businesses. Contracts are subject to State Tax Law Section 5a,
The contractor warrants that its services shall be performed in accordance with applicable professional standards and that the contractor shall correct, at no charge to the corporation, services which fail to meet applicable professional standards and which result in obvious or patent errors in the progression of its work.
The debriefing should address strengths, weaknesses, and provide other relevant information that ESD used to determine best value, including the qualitative and quantitative analysis used in assessing the relative merits of the proposal.
The contractor specifically represents and agrees that its members, officers, employees, agents, servants, consultants, shareholders, and subcontractors have and shall possess the experience, knowledge, and character necessary to qualify them individually for the particular duties performed hereunder.
Failure to comply with the foregoing requirements may result in a finding of nonresponsiveness, nonresponsibility and/or a breach of the contract, leading to the withholding of funds, suspension or termination of the contract or such other actions or enforcement proceedings as allowed by the contract.
