The New York State Department of Transportation (NYSDOT) anticipates the release of a Request for Proposals (RFP) seeking the services of a responsive, qualified and responsible consultant to develop and manage a program providing Federal Transit Administration (FTA) required site reviews and compliance monitoring of the State’s FTA administered programs, including 5310 and 5311 grantees; to provide FTA required site reviews to ensure those subrecipients of NYSDOT administered Federal assistance comply with Federal requirements.

Responsive and responsible consultants interested in receiving notification of the RFP release should submit a brief, one-page Letter of Interest (LOI) to Micheleen.Gregware@dot.ny.gov . The LOI should include, at a minimum: the firm name, address, contact person name, email address, phone number. An email announcing the release of the RFP will be sent to all parties submitting an LOI. When ready, the RFP will be posted to the NYSDOT website and will contain all the information necessary for firms to submit a complete proposal. It is anticipated that the RFP will be released on February 6, 2023. If the release of the RFP is delayed for any reason, the due date for proposals will be extended appropriately.

The base term of this contract is three (3) years. The contract may be extended for two (2) additional one-year periods.

The proposal due date is March 15, 2023.

For a full description of the project requirements, please visit the NYSDOT website at: https://www.dot.ny.gov/business and click on “Consultant Service Opportunities” then click on the date associated with C038049.

Under the requirements of NYS Finance Law, all communication regarding advertised projects is to be channeled through the NYSDOT Office of Contract Management Designated Contact Person. Until a contract is approved by the NYS Office of the State Comptroller, contact with any other NYSDOT employee concerning this project should not be made unless otherwise directed by the NYSDOT Office of Contract Management. Communications made contrary to this policy and deemed an attempt to influence the outcome, may result in disqualification.

Disadvantaged Business Enterprise Participation (DBE): The DBE subconsultant participation contract goal for this solicitation is 5.4 percent (5.4%) of the total contract value over the base term of the contract and any modifications to extend the contract term. Firms must be certified and listed on the NYSUCP DBE Directory by the bid submission due date in accordance with 49 CFR Part 26.

Procurement Lobbying Law Compliance

Required Forms: The Consultant shall sign and submit the following forms with their proposal:

1. “Offeror’s Affirmation of Understanding of and Agreement pursuant to State Finance Law 139-j(3) and §139-j(6)(b)” available at https://www.dot.ny.gov/main/business-center/consultants/consultants-repository/offers_affirmation_and_agreement_form.pdf
2. “Offeror Disclosure of Prior Non-Responsibility Determinations” available at https://www.dot.ny.gov/main/business-center/consultants/consultants-repository/offer_disclos_prior_non.pdf

NYSDOT Guidelines and Procedures

Under the requirements of NYS Finance Law, all communications regarding advertised projects are to be channeled through the NYSDOT Office of Contract Management Designated Contact(s). Until a designation is made, communication with any other NYSDOT employee concerning this project that it is determined to be an attempt to influence the procurement may result in disqualification.

Refer to “NYSDOT Procurement Lobbying Law Guidelines and Procedures” available at https://www.dot.ny.gov/main/business-center/consultants/consultants-repository/pll_gandp_v1.pdf .

Contacts Prior to Designation :

Any communication involving an attempt to influence the procurement are only permitted with the following Designated Contact Persons:

1. Office of Contract Management
   1. Contract Management Specialist
   2. Contract Management Specialist’s Supervisor
   3. Contract Management Assistant Director’s
   4. Contract Management Director
2. Office of Diversity and Inclusion

These are some communications that are exempt from this restriction:

1. Participation in a pre-proposal webinar/conference
2. Submittal of written questions when responses will be provided to all offerors
3. Protests, complaints of improper conduct of misrepresentation

If any other NYSDOT employee is contacted and they believe a reasonable person would infer that the communication was intended to influence the procurement, the contact must be reported by the NYSDOT employee. If NYSDOT determines an impermissible contact was made that offeror cannot be award the contract. A second violation would lead to a four-year bar on the award of public contracts to the offeror.

Contacts After Designation

NYSDOT and NYSTA identifies its primary designation contacts for contract finalization:

1. Office of Contract Management:
   1. Contract Management Specialist
   2. Contract Management Specialist’s Supervisor
   3. Contract Management Assistant Director
   4. Contract Management Director
2. Office of Diversity and Inclusion
3. Program Area
   1. Program Area Project Manager
   2. Program Area Project Manager’s Supervisor

The law does not limit who may be contacted during the contract finalization process. However, if any NYSDOT or NYSTA employee is contacted, and they believe a reasonable person would infer that the communication was intended to influence the procurement, the contact must be reported by the NYSDOT or NYSTA employee.

Information Required from Offerors that contact NYSDOT or NYSTA staff, prior to contract approval by Office of the State Comptroller

The individuals contacting NYSDOT or NYSTA should refer and shall be prepared to provide the following information, either by email or fax as directed by NYSDOT or NYSTA. Person’s name, firm person works for, address of employer, telephone number, email address, occupation, firm they are representing, and whether owner, employee, retained by or designated by the firm to appear before or contact NYSDOT or NYSTA.

Applicability to an executed contract

Restrictions similar to those described above apply to approval or denial of an assignment, amendment (other than amendments that are authorized and payable under the terms of the procurement contract as if it was finally awarded or approved by Office of the State Comptroller, as applicable), renewal or extension of a procurement contract, or any other material change in the procurement contract resulting in a financial benefit to the offeror. The Department may identify other contact persons for each of these processes.

Rules and Regulations and More Information on this Law, please visit:

https://www3.ogs.state.ny.us/legal/lobbyinglawfaq/default.asp (Advisory Council FAQs)

http://www.nyintegrity.org

http://www.nyintegrity.org/law/lob/guidelines.html (New York State Lobbying Act)

http://www.ogs.state.ny.us/aboutOgs/regulations/defaultAdvisoryCouncil.html

Or contact the NYSDOT Designated Contact:

Ms. Micheleen Gregware

NYSDOT Office of Contract Management

50 Wolf Rd, 6 ^th Floor

Albany, NY 12232

Email: Micheleen.Gregware@dot.ny.gov

Phone: (518) 485-8620