The New York State Department of Transportation is requesting pricing quotes for Remote Technical and Site support with Fall and Spring switchover of an existing Boschung automated anti-icing system. The Department intends to advance this purchase pursuant to its discretionary purchasing authority under State Finance Law section 163(6), which authorizes purchases without a formal competitive process in certain circumstances, including purchases from New York State small businesses, from businesses certified pursuant to Article 15-A of the New York State Executive Law and/or Article 17-B of the New York State Executive Law (service-disabled veteran-owned business enterprises), and, if applicable, from businesses selling commodities or technology that are recycled or remanufactured.

SCOPE OF WORK / SERVICES

METHOD OF AWARD

Award of a purchase order/contract will be made under this Request for Quotations on the basis of lowest Grand Total quote amount to vendor meeting minimum qualifications and cost proposal submission requirements, pursuant to NYSDOT discretionary authority under State Finance Law Section 163(6). A completed Cost Proposal Worksheet must be submitted with RFQ proposal.

For a quote to be considered for award, the quotation must:

1. Be responsive (i.e. conforms in all material respects to the terms, conditions, specifications, and other requirements of the Request for Quotations), and;
2. Have been submitted by a responsible entity (i.e. has the capacity in all respects to perform all contract requirements in full, specifically the financial capacity, legal authority, integrity, and past performance and reliability that will assure good-faith performance).

WORK LOCATION

I86 and I99 Interchange Ramps (3200 Canada Road)

Town of Erwin, Steuben County

QUALIFICATIONS

Bidder is advised that the State’s intent in having the requirements listed below is to ensure that only qualified and reliable Contractors perform the work of the resulting Contract. Bidder shall have the burden of demonstrating to the satisfaction of the Department that it can perform the work required.

Bids will be considered only from established business entities who can demonstrate to the satisfaction of the Department, at least two (2) years of verifiable experience for the type of work called for herein, in a large commercial or governmental environment, and the decision of the Department as to whether a firm meets the qualification criteria will be final.

Bidders must also be registered with the NYS Department of State as an entity authorized to conduct business in New York State. If not registered with the NYS Department of State, the bidder must provide proof of Good Standing from their Department/Secretary of State from their State of principal place of business.

CONTRACT PERIOD

The contract period will cover a period of one (1) year. The targeted start date is February 1, 2024.

PREVAILING WAGES AND SUPPLEMENTS (Pursuant to NYS Labor Law)

The contract(s) to be established as a result of this solicitation is subject to the provisions of either Article 8 or Article 9 of the New York State Labor Law.

The Prevailing Rate of Wages and Supplements are to be paid to and provided for Laborers, Mechanics, and Workmen employed on a public work project, or to Building Service Employees. "Building Service Employee" or "employee" includes, but is not limited to, watchman/guard, building cleaner/porter/janitor, groundskeeper, 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. In addition, a Prime Contractor is responsible for any underpayments of prevailing wages or supplements by its Subcontractors (if any).

The applicable Schedule of Prevailing Wage Rates and Supplements as issued by the New York State Department of Labor is expressly incorporated into the specifications, terms and conditions of bidding, and to those of any resultant contract(s), and your bid prices should be calculated accordingly. By submitting a signed Proposal, the bidder acknowledges that it is familiar with the Prevailing Wage Rates and Supplements, and that its bid is based upon provision of same.

The name and address of the contractor(s) will be furnished to the State Department of Labor – Bureau of Public Work, upon award of a contract. Willful failure on the part of such contractor to provide said prevailing rates and supplements to employees performing contract work will subject the contractor to penalty under provision of the Labor Law.

The current Schedule of Prevailing Wage Rates and Supplements can be viewed at:

https://www.labor.ny.gov/workerprotection/publicwork/PWContents.shtm

INSURANCE REQUIREMENTS

WORKERS’ COMPENSATION INSURANCE AND DISABILITY BENEFITS REQUIREMENTS

Workers’ Compensation Law (WCL) §57 and §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 Department 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 of contract.

1. Proof of Compliance with Workers’ Compensation Coverage Requirements:

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:

1. Be legally exempt from obtaining Workers’ Compensation insurance coverage; or
2. Obtain such coverage from an insurance carrier; or
3. Be a 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 State of New York shall provide one of the following forms to the Department of Transportation (Purchasing Office) at the time of bid submission or shortly after the opening of bids:

1. 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 (wcb.ny.gov). Reference applicable RFQ # on the form.
2. Certificate of Workers’ Compensation Insurance:
   • Form C-l05.2 (9/07) if coverage is provided by the contractor’s insurance carrier, contractor must request its carrier to send this form to the DOT Purchasing Office, 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 DOT Purchasing Office.
3. Form SI-l2, Certificate of Workers’ Compensation Self-Insurance available from the New York State Workers’ Compensation Board’s Self-Insurance Office.
4. Form GSI-105.2, Certificate of Participation in Workers’ Compensation Group Self-Insurance available from the contractor’s Group Self-Insurance Administrator.

1. 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, a contractor shall:

1. Be legally exempt from obtaining disability benefits coverage; or
2. Obtain such coverage from an insurance carrier; or
3. Be a Board-approved self-insured employer.

A Contractor seeking to enter into a contract with the State of New York shall provide one of the following forms to the DOT Purchasing Office at the time of bid submission or shortly after the opening of bids:

1. 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 (wcb.ny.gov). Reference applicable Solicitation or Contract # on the form.
2. Form DB-120.1, Certificate of Disability Benefits Insurance. Contractor must request its business insurance carrier to send this form to the DOT Purchasing Office; or
3. Form DB-120.2, Certificate of Participation in Disability Benefits Group Self-Insurance. Contractor must obtain, complete and send this form to the DOT Purchasing Office; or
4. Form DB-155, Certificate 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 CE-200, SI-12 & DB-155 MUST NAME: the New York State Department of Transportation / the People of the State of New York (50 Wolf Road, Albany, NY 12232) as the Entity Requesting Proof of Coverage (Entity being listed as the Certificate Holder).

ADDITIONAL INSURANCE

In addition to the Worker’s Compensation and Disability Benefits Insurance requirements set forth above, if in furnishing items hereunder the Contractor will perform any installation or training on State property, or if the Contractor is providing Contract for Services hereunder, then the Contractor shall procure and maintain at its own expense and without compensation by the State, until final acceptance by the State of services provided by the contract, insurance for liability for damages imposed by law, of the kinds and in the amounts hereinafter provided, with insurance companies authorized to do such business in the State, covering such on-site work or Contract for Services.

The types and limits of insurance are as follows:

1. COMMERCIAL GENERAL LIABILITY INSURANCE with a limit of not less than $1,000,000 each occurrence ($2,000,000 aggregate).
2. COMPREHENSIVE BUSINESS AUTOMOBILE LIABILITY INSURANCE with a limit of not less than $1,000,000 each accident. Such liability insurance is to cover liability arising out of any vehicle including owned, leased, hired, and non-owned vehicles bearing, or required by NYS Vehicle and Traffic Law to bear license plates.

Before commencing work, the Contractor shall furnish to the State a certificate or certificates of insurance in form satisfactory to the State showing compliance with this paragraph, which certificate or certificates are to name the “State of New York/New York State Department of Transportation and their agents or employees” as additional insured. Such policies may not be changed or canceled until thirty (30) days written notice has been given to the State.

The Contractor shall procure, at its own sole cost and expense, and shall maintain in force at all times during the term of this contract including any extensions or renewals until final payment is disbursed, the policies of insurance covering all operations under the contract whether written by companies authorized by the New York State Insurance Department to issue insurance in the State of New York and that have an A.M. Best Company rating of (A -) or better or approved by the Department. The Contractor shall deliver to the Department evidence of such policies as the Department deems necessary to verify that the required insurance is in effect.

Certificates or transmittal correspondence shall reference the NYSDOT Contract Number. Contractor is strongly encouraged to transmit certificates and other materials concerning insurance coverage, referencing the contract number and the name of the Contractor in the Subject Line, by email to:

Purch-Assist@dot.ny.gov

Certificates may also be mailed to the:

New York State Department of Transportation

Main Office Purchasing

50 Wolf Road, Suite 1PC

Albany, NY 12232

DOCUMENT ATTACHMENTS

Quote submissions must include the following:

-Completed and Signed Bidders Worksheet

-Proof of Required Insurances

-Signed Procurement Lobbying Law Form (included on Documents Tab)

-EO 16 Certification

-EO 177 Certification

-No Conflict of Interest Certification

Interested parties should inquire of the Designated Contact Person(s) identified below to discuss particulars of providing a quotation to this opportunity.

Communication with respect to this procurement initiated by or on behalf of an interested vendor through other than the “Designated Contact Person(s)” identified below may constitute an “impermissible contact” under state law with respect to Procurement Lobbying, which could result in disqualification of that vendor.

DESIGNATED CONTACT PERSONS

(All Communications and Bid Submissions are to be Directed to):

PRIMARY CONTACT

Otto Ambuhl

518-457-6801

Otto.Ambuhl@dot.ny.gov

SECONDARY CONTACT

Jessica Owen

518-457-0775

Jessica.Owen@dot.ny.gov

The New York State Department of Transportation, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation and Title 23 Code of Federal Regulations, Part 200, Title VI Program and Related 1 of 3 Statutes, as amended, issued pursuant to such Act, hereby notifies all who respond to a written Department solicitation, request for proposal or invitation for bid, that it will affirmatively insure that in any contact entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age disability/handicap and income status in consideration for an award.

For purposes of this procurement, the NYS Department of Transportation has conducted a comprehensive search and determined this contract does not offer sufficient opportunities to set goals for participation by certified DBE, MWBE, and/or SDVOB firm subcontractors, service providers, and suppliers. This project may present a direct opportunity for certified firms to participate as prime contractors and certified firms are encouraged to submit bids.

BID SUBMISSION DETAILS

NYSDOT Purchase will accept inquiries and requests for clarification relative to this RFQ until C.O.B., 1/15/2024 by email to the Designated Contact Persons.

Firm pricing offers from responsible and reliable vendors will be accepted until the Quotation due date. Interested parties should submit a quote to Otto Ambuhl by COB 1/26/2024. RFQ responses may be emailed to Otto.Ambuhl@dot.ny.gov and Jessica.Owen@dot.ny.gov . All quotations must be received by the above due date/time. Late submissions will be considered at the sole discretion of the Director of Purchasing.

Bids submitted shall remain in effect for a period of sixty (60) days. Bids shall remain in effect beyond such period until such time as either an award is made, or the bidder delivers written notice of withdrawal of its bid to the Purchasing Office.

Purchases made by the State of New York are not subject to state or local sales taxes or federal excise taxes. There is no exemption from paying the New York State truck mileage, unemployment insurance, or Federal Social Security taxes. The official NYSDOT purchase order is sufficient evidence to qualify the transaction exempt from sales tax under section 1116(a)(I), Tax Law. For tax-free transactions under the Internal Revenue Code, the New York State registration number is 14740026K.

STANDARD CLAUSES FOR ALL NEW YORK STATE CONTRACTS

STOCK EXHIBIT, which includes NYS Appendix A (Standard Clauses for All NYS Contracts), NYSDOT Title VI (Civil Rights Act of 1964 – as amended) Appendices & NYSDOT Appendix B Publication PUR 102 (General Specifications), is attached hereto and made a part of this Solicitation and of any resulting contract as if set forth fully at length herein.

Remote Technical Support
Unlimited Remote Telephone and Email Support Weekly Site Review
Invoiced at beginning of contract year