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[It is suggested that the statements below be added to the bottom of the cover letter that is used when transmitting
the RFP to the vendors.]
If you are not bidding, place an "x" in the appropriate box and return this page only
to the address set forth in this letter:
____________________________________________________________________________________________
We request removal of our name from the mailing list for this title.
Name of Company: _______________________________________________________
[This page can be used to customize a series of questions or statements to remind bidders of specific requirements
in the Request for Proposals. This page may be inserted between the cover letter and the RFP or may be included
in the Appendix section of the RFP. The cover letter should reference this checklist and its location. The checklist
may take the form of questions with yes and no responses OR a list of requirements with a checkoff.]
The following checklist is intended to acquaint the bidder with all items or information
that must be submitted with the proposal. Failure to submit any item may result in rejection of
the proposal.
OR
□ ____________________________________________________
□ ____________________________________________________
□ ____________________________________________________
□ ____________________________________________________
□ ____________________________________________________
4
AGENCY INFORMATION:
New York State
[Agency Name]
[address]
[city/state/zip]
INQUIRIES:
See Section 5.1 of this RFP for procedures and requirements.
5
TABLE OF CONTENTS
6
Section 1. Introduction
1.1 Purpose
[Provide brief overview of the procurement subject matter.
i.e. "The (agency name) seeks proposals for _____________________."]
1.2 Background
[Describe the background surrounding this procurement.
i.e "(agency name) is charged by statute with providing _____________. As part of this statutory duty,
(agency name) received a federal grant to study the effects of ______________."]
1.4 Definitions
Unless further defined below, terms have the meanings set forth in Appendix B.
The following terms are deleted from Appendix B for this procurement:
If mutually agreed between the (agency name) and the contractor, the contract may be extended
under the same terms and conditions for an additional period not to exceed ________ months.
4.4 Cancellation
See "Executory Clause" in Appendix A and "Suspension of Work" and "Cancellation" in Appendix
B.
Cancellation for Convenience: The State of New York retains the right to cancel the contract
without reason provided that the Contractor is given at least ______ days written notice of its
intent to cancel. This provision should not be understood as waiving the State's right to terminate
the contract for cause or stop work immediately for unsatisfactory work, but is supplementary to
that provision.
Bid Bond
An approved bid bond to the extent of ________ percent of the bid price will be required with
all vendor responses at the time of Submission of Bid. Vendors that are notified that they did
not receive the award may cancel the bonds. The awarded vendor must retain the bond until
the contract has been signed. See Appendix for the Bid Bond Form.
9
The contractor shall, at the time of the execution of the contract, obtain and maintain in full
force and effect for sixty days after contract expiration:
in the amount of $_______ for the faithful performance of the contract. The LETTER
OF
CREDIT, PERFORMANCE BOND, PAYMENT BOND, etc., shall name as beneficiary
the
State of New York and may be invoked to the benefit of the State of New York upon
delivery of a certified statement to the issuing bank or surety company that the
contractor
has failed to perform pursuant to the terms and conditions of its contract with the State of
New York.
With its bid submission, the vendor shall include a letter from its bank or surety company
stating that the letter of credit or bond will be provided if being considered for a contract
or in the event of a contract. The Letter of Credit or Bond shall be provided on a yearly
basis for each year, or portion, of the contract. See Appendix for Performance and
Payment Bond Form.
The Bidder and subsequent Contractor agrees that it will perform its obligations hereunder in
accordance with all applicable Federal, State and local laws, rules and regulations now or
hereafter in effect.
The Bidder and subsequent Contractor warrants and affirms that the terms of the RFP and any
resultant contract do not violate any contracts or agreements to which it is a party and that its
other contractual obligations will not adversely influence its capabilities to perform under the
contract.
Any request by the contractor for changes or amendments in any part of the contract shall be
made in writing to (agency name).
10
Prices shall be firm for the initial term of the contract. Upon renewal, the contractor may apply
for an adjustment in contract price based upon changes in the Producer Price Index from start of
initial contract for Code ____ - ____________ as published by the U.S. Dept. of Labor, Bureau of
Labor Statistics.
Any increase will not take effect until formal approval is received from the New York State Office
of State Comptroller and Contractor notified accordingly. In the event of extreme increases in
price, the State reserves the right to terminate this contract in its entirety upon thirty (30) days
written notice to contractor.
Section 5. Administrative
5.1 Inquiries
All inquiries concerning this solicitation should be addressed to the following:
[Agency Contact,
name,
address,
phone number,
fax,
e-mail]
All questions should be submitted in writing, citing the particular proposal section and paragraph
number. Prospective Bidders should note that all clarifications and exceptions including those
relating to the terms and conditions of the contract are to be resolved prior to the submission of a
proposal. Answers to all questions of a substantive nature will be given to all Prospective
Bidders in the form of a formal addendum which will be annexed to and become part of the
resultant contract.
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The pre-bid conference will be held at: (location, date & time). Notify the individual indicated in
Section 5.1 within one week prior to the scheduled date that you will attend. Each interested
Bidder is requested to limit the number of representatives attending to ______.
Specific questions concering the RFP shall be submitted in writing (facsimile will be accepted) to
the individual identified in Section 5.1 prior to the conference so they can be answered at the
conference. Although questions will be permitted at the conference, answers may be deferred
and included in the official minutes of the pre-bid conference which will be sent to each Bidders
official representative attending the Pre-Bid Conference.
[Questions submitted by e-mail or other electronic media may be added by agency if appropriate.]
The pre-bid conference will be held at: (location, date & time). It is requested that you notify the
individual indicated in Section 5.1 within one week prior to the scheduled date if you will attend.
Each interested Bidder is requested to limit the number of representatives attending to ______.
Specific questions concering the RFP shall be submitted in writing (facsimile will be accepted) to
the individual identified in Section 5.1 prior to the conference so they can be answered at the
conference. Although questions will be permitted at the conference, answers may be deferred
and included in the official minutes of the pre-bid conference which will be sent to each Bidders
official representative attending the Pre-Bid Conference as well as those Bidders originally sent
the RFP or those who have submitted a positive Letter of Intent, if required.
[Questions submitted by e-mail or other electronic media may be added by agency if appropriate.]
All proposals and accompanying documentation will become the property of the State of New
York and will not be returned. The content of each bidder's proposal will be held in strict
confidence during the bid evaluation process, and no details of any proposal will be discussed
outside the evaluation process. The successful bidder's proposal and a copy of the specification
will be made part of the contract. Therefore, an official authorized to commit the company to a
contract must sign the proposal.
By submitting a proposal, the bidder covenants not to make any claim for or have any right to
damages because of any misinterpretation or misunderstanding of the specification, or because
of any misinformation or lack of information. New York State has the following prerogatives with
regard to proposals submitted:
6.1 Overview
This section identifies the information that all bidders must include in their proposals to (agency
name).
For the purposes of evaluation, each proposal must be submitted in two (2) parts. Part I consists
of the Technical submittal. Part II consists of the Cost submittal. Each part must be complete in
itself in order that the evaluation of both parts can be accomplished independently and
concurrently and that the Technical submittal can be made strictly on the basis of its merits. Cost
information is not to be included in Part I. Both parts must be sealed separately.
The rules established for proposal content and format will be enforced. Variations from the rules
prescribed herein may subject the respondent to outright disqualification. It is in the best
interests of the respondent to become familiar with the constraints imposed on its proposal so
that the evaluation process can proceed in a timely manner.
Note that proposals are subject to New York State procurement rights as detailed in Section 5.6
and all rules set forth in this and other sections of this RFP.
Part II of the proposal consists of the pricing proposal that sets forth the costs for requested
services. The cost submission should be complete, accurate, well-documented and in the format
required. Cost information is not to be included in the Part I Technical Submittal. All prices must
be inclusive of all costs necessary or incidental for proper performance under this contract. Each
of the ________ copies to be submitted must have an original signature.
The Technical and Cost sections of each Bidder's proposal will be evaluated separately. A
Selection Committee will review the two evaluations and make the contract selection. The
criteria against which each proposal will be evaluated are described below.
After completion of the Technical and Cost Evaluation, a composite score will be assigned to
each proposal with the Technical score weighted at ___ points and Cost score weighted at ___
points.
[Refer to Procurement Guidelines, Section 7, IV, B, 4 "Evaluation Criteria" and Section 7, V "Developing
the Evaluation Process"]
Section 8. Attachments
Checklist of Proposal Submittal Requirements [may be included here or inserted between cover letter
and RFP]