This Invitation to Bid (ITB) is for Terminal B Safety Improvements. Bids received late will not be considered. Questions must be submitted via email by the deadline; oral questions are not accepted. ESD reserves the right to amend, withdraw, revise, extend, cancel, or reissue the ITB, and to accept or reject any or all responses. All costs associated with responding are the bidder's responsibility. Submitted information is subject to the Freedom of Information Law (FOIL). Awarded contracts 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. Contractor warrants services will be performed to applicable professional standards and errors will be corrected at no charge. Additional services may be requested with equitable adjustments to price and time. Contractor staff are subject to approval, and proposed changes require immediate notification and a summary of experience. Bidders must certify they have not colluded with other respondents and must comply with conflict of interest provisions. Communications during the restricted period must be with designated contacts. Respondents must be responsible, demonstrating financial ability, organizational capacity, and legal authority. Vendor responsibility questionnaire must be completed within one year of submission. Bidders must certify compliance with the Iran Divestment Act and Executive Orders 16 and 177. A gender-based violence and workplace policy certification is required. ESD promotes participation of New York State certified minority and women-owned business enterprises (MWBEs) and service-disabled veteran-owned businesses (SDVOBs). An MWBE utilization plan and an SDVOB utilization plan are required. Insurance requirements include commercial general liability, commercial automobile insurance, umbrella/excess liability, railroad protective liability, builders risk/installation floater, workers compensation, and disability insurance. A completed W9 form is required. Encouragement is given to consider New York State businesses. The contract is subject to State Tax Law Section 5a.
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 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.
If a respondent is found to have knowingly and willfully violated the State Finance Law provisions, that respondent and its subsidiaries, related or successor entities will be determined to be a nonresponsible respondent and will not be awarded any contract issued pursuant to this solicitation. In addition, two such findings of nonresponsibility within a four-year period can result in debarment from obtaining any New York State governmental procurement contract.
ESD may disqualify any respondent to this RFP or terminate any contract entered into as a result of this RFP should ESD determine that the respondent has violated any of these requirements. If a respondent is found to have knowingly and willfully violated the State Finance Law provisions, that respondent and its subsidiaries, related or successor entities will be determined to be a nonresponsible respondent and will not be awarded any contract issued pursuant to this solicitation.
