infor Web viewTitle VI Non-Discrimination: It is the policy of the New York State Department of Motor Vehicles to achieve compliance with Title VI of the Civil Rights

RFP #C000866

STATE OF NEW YORK

DEPARTMENT OF MOTOR VEHICLES

REQUEST FOR PROPOSAL

FOR

Entertainment and Information System

September 8, 2017

NYS DMV RFP #C000866Entertainment and Information System Page 1 of 68

TABLE OF CONTENTS

1 INTRODUCTION AND GENERAL REQUIREMENTS.........................................................................................

1-1 OBJECTIVE.............................................................................................................................................................

1-2 TERM OF CONTRACT.............................................................................................................................................

1-3 DESIGNATED CONTACT PERSON(S).......................................................................................................................

1-4 SUMMARY OF POLICY AND PROHIBITIONS ON PROCUREMENT LOBBYING..........................................................

1-5 CONTENTS OF THIS RFP.........................................................................................................................................

1-6 ACTION DATES.......................................................................................................................................................

1-7 QUESTIONS AND ANSWERS...................................................................................................................................

1-8 SUBMISSION OF PROPOSALS.................................................................................................................................

1-9 MULTIPLE PROPOSALS...........................................................................................................................................

1-10 AMENDMENT OF PROPOSALS...............................................................................................................................

1-11 WITHDRAWAL OF PROPOSAL PRIOR TO PROPOSAL OPENING..............................................................................

1-12 REJECTION OF PROPOSALS....................................................................................................................................

1-13 PROPOSALS REMAIN OPEN...................................................................................................................................

1-14 CONFIDENTIALITY..................................................................................................................................................

1-15 CONFLICT OF TERMS...........................................................................................................................................

1-16 NON-ENDORSEMENT...........................................................................................................................................

1-17 REQUEST FOR DEBRIEFING..................................................................................................................................

1-18 PROTEST OF CONTRACT AWARD.........................................................................................................................

1-19 DMV’S RESERVED RIGHTS....................................................................................................................................

2 ENTERTAINMENT AND INFORMATION SERVICES......................................................................................

2-1 OVERVIEW OF SERVICES......................................................................................................................................

2-2 INSTRUCTIONS FOR RESPONDING TO REQUIREMENTS.......................................................................................

2-3 COMPENSATION..................................................................................................................................................

2-4 PROGRAM CONTENT...........................................................................................................................................

2-5 HARDWARE REQUIREMENTS...............................................................................................................................

2-6 SYSTEM REQUIREMENTS.....................................................................................................................................

2-7 SYSTEM INSTALLATION AND UNINSTALLATION...................................................................................................

2-8 SUPPORT AND MAINTENANCE............................................................................................................................

2-9 OTHER CONTRACTOR RESPONSIBILITIES.............................................................................................................


2-10 CONTRACTOR EXPERIENCE..................................................................................................................................

3 PROPOSAL EVALUATION......................................................................................................................................

3-1 COMPLETE PROPOSALS.......................................................................................................................................

3-2 PROPOSAL REQUIREMENT DETAIL......................................................................................................................

3-2.1 Introductory Cover Letter..................................................................................................25

3-2.2 Offerer’s Technical Proposal..............................................................................................25

3-2.3 Financial Information.........................................................................................................26

3-3 EVALUATION OF PROPOSALS AND CONTRACT AWARD......................................................................................

3-3.1 Program Content (25%).....................................................................................................28

3-3.2 System Requirements (20%)..............................................................................................28

3-3.3 System Installation and Uninstallation (25%).....................................................................28

3-3.4 Support and Maintenance (5%).........................................................................................28

3-3.5 Contractor Experience (25%).............................................................................................28

3-4 Vendor Responsibility Determination..................................................................................................................

3-5 Contract Negotiation and Execution....................................................................................................................

4 TERMS AND CONDITIONS.....................................................................................................................................

4-1 TITLE TO SOFTWARE............................................................................................................................................

4-2 TELEPHONE AND EMAIL ACCESSIBILITY...............................................................................................................

4-3 EMPLOYEES OF THE CONTRACTOR......................................................................................................................

4-4 POST STATE-EMPLOYMENT RESTRICTIONS.........................................................................................................

4-5 INDEPENDENT CONTRACTOR..............................................................................................................................

4-6 SUBCONTRACTING..............................................................................................................................................

4-7 ETHICS REQUIREMENTS.......................................................................................................................................

4-8 CONFLICT OF INTEREST.......................................................................................................................................

4-9 CONTRACT AMENDMENT....................................................................................................................................

4-10 CONTRACTOR INDEMNIFICATION AND LIABILITY................................................................................................

4-11 SAVINGS/FORCE MAJEURE..................................................................................................................................

4-12 SEVERABILITY.......................................................................................................................................................

4-13 RIGHT TO AUDIT..................................................................................................................................................

4-14 TERMINATION.....................................................................................................................................................

4-15 VENDOR RESPONSIBILITY....................................................................................................................................

4-16 COMPLIANCE WITH LAWS...................................................................................................................................


4-17 INSURANCE..........................................................................................................................................................

4-18 PRESS RELEASES..................................................................................................................................................

4-19 CURE & COVER....................................................................................................................................................

4-20 STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS...................................................................................

4-21 CONTRACTOR CERTIFICATION.............................................................................................................................

4-22 USE OF DMV LOGOS............................................................................................................................................

4-23 CHOICE OF FORUM..............................................................................................................................................

4-24 CHOICE OF LAW...................................................................................................................................................

4-25 THIRD PARTY CLAIMS..........................................................................................................................................

4-26 CHOICE OF FORUM..............................................................................................................................................

APPENDIX-A: STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS..................................................

APPENDIX-B: PROPOSAL SUBMISSION CHECKLIST – RFP #C000866..............................................................

APPENDIX-C-1: DMV’S POLICY AND PROCEDURES CONCERNING COMPLIANCE WITH “PROCUREMENT LOBBYING LAW” (STATE FINANCE LAW §§139-J AND 139-K).........................................

APPENDIX-C-2: AFFIRMATION AND DISCLOSURES CONCERNING STATE FINANCE LAW §§139-J AND 139-K...................................................................................................................................................

APPENDIX-C-3: NON-DISCRIMINATION IN EMPLOYMENT IN NORTHERN IRELAND “MACBRIDE FAIR EMPLOYMENT PRINCIPLES”...................................................................................................

APPENDIX-C-4: NON-DISCRIMINATION, TITLE VI................................................................................................

APPENDIX-C-5: 139-d STATEMENT OF NON-COLLUSION IN BIDS TO THE STATE......................................

APPENDIX-C-6: VENDOR ASSURANCE OF NO CONFLICT OF INTEREST OR DETRIMENTAL EFFECT.................................................................................................................................................

APPENDIX-C-7: COMPLIANCE OR NON-APPLICABILITY TO § 5-A OF THE NYS TAX LAW......................................................................................................................................................................................

APPENDIX-C-8: ACCEPTANCE OF TERMS AND CONDITIONS..........................................................................

APPENDIX-D: BUSINESS EXPERIENCE AND REFERENCE FORMS...................................................................

APPENDIX-E: OFFICES AND VISITOR COUNTS......................................................................................................

APPENDIX-F: ILLUSTRATIVE IMAGES.....................................................................................................................


1 INTRODUCTION AND GENERAL REQUIREMENTS

Title VI Non-Discrimination:It is the policy of the New York State Department of Motor Vehicles to achieve compliance with Title VI of the Civil Rights Act of 1964 and related statutes and regulations in all Federal programs. The Contract awarded from this solicitation will be awarded in conformance with such law and related statutes and regulations. The offerer awarded a contract from this solicitation (Contractor) shall comply with the provisions of Appendix-C-4 hereof (“Non-Discrimination, Title VI”).

1-1 OBJECTIVE

The New York State Department of Motor Vehicles (hereinafter referred to as “DMV” or the “Department”) seeks the services of a Contractor to provide an Entertainment and Information System in DMV’s District Offices (“DOs”), Traffic Safety Bureau (“TVB”) offices, and the Customer Service Counter (“CSC”) office.

1-2 TERM OF CONTRACT

The term of the Contract awarded from this Request for Proposal (“RFP”) will be five (5) years, commencing on October 10, 2018, and terminating on October 9, 2023. The Contract shall not be binding upon the State, or deemed to be fully-executed, until it is executed by the New York State Office of the State Comptroller (“OSC”).

1-3 DESIGNATED CONTACT PERSON(S)

Until a Contract is executed by OSC, all communications between DMV and an Offerer which relate to this procurement must be directed to the DMV’s Contract Administrator, Connie Higgins-Beer (the “Designated Contact Person”), or her alternate, Sara Hubert, as follows:

Connie Higgins-Beer Sara HubertContract Administrator Contract Management SpecialistNYS Department of Motor Vehicles

Or her alternate: NYS Department of Motor Vehicles

6 Empire State Plaza, Room 224 6 Empire State Plaza, Room 224Albany, NY 12228 Albany, NY 12228(518) 474-5289 (518) [email protected] [email protected]

1-4 SUMMARY OF POLICY AND PROHIBITIONS ON PROCUREMENT LOBBYING

In order to facilitate transparency in the procurement process, and pursuant to NYS Procurement Lobbying Law (State Finance Law §§139-j and 139-k), this solicitation imposes certain restrictions on communications between DMV and an Offerer/Bidder made during the procurement process. An Offerer/Bidder is restricted to communicating with designated DMV


staff (“designated contacts”), during the portion of the procurement process known as the “restricted period”. The restricted period runs from DMV’s written earliest notice of its intent to solicit offers, through award of the Procurement Contract by DMV, and where applicable, the final approval of the Contract by the NYS Office of State Comptroller. Certain statutory exceptions are provided for in State Finance Law §139-j(3)(a).

The Designated Contacts for this solicitation are identified in Section 1-3 hereof.

When contacted during the restricted period, DMV staff members are required to document information, about the communication.

DMV must also make a determination of the “responsibility” of the Offerer/Bidder. Certain findings of non-responsibility can result in rejection of the Offerer/Bidder for contract award. In the event of two findings of non-responsibility made within a 4-year period, the Offerer/Bidder may be debarred from obtaining governmental Procurement Contracts.

Further information about the NYS Procurement Lobbying Law can be obtained from the Office of General Services Website, at:

http://www.ogs.ny.gov/ACPL/

DMV’s Policy and Procedures concerning compliance with NYS Procurement Lobbying Law is attached hereto as Appendix-C-1. Bidders must complete and submit Appendix-C-2 with their bid.

1-5 CONTENTS OF THIS RFP

The information and instructions contained in this RFP are intended to provide Offerers (also referred to herein as “Bidders”) with the information needed to prepare and submit proposals (also referred to herein as “bids”) and required accompanying materials.

This RFP contains:

a) The requirements for proposals that are submitted in response to this RFP;b) The format in which proposals must be submitted, and specifications for the materials to

be included in the proposals;c) The requirements Offerers must meet to be eligible for consideration for contract award;d) The methods to be employed by DMV’s Evaluation Team to evaluate the proposals and

select a Contractor;e) General terms of the Contract to be awarded from this solicitation.

Amendment of the terms of this RFP may only be made by DMV, in writing. Only written communications from DMV’s Designated Contact Person(s) will be binding upon the DMV. Oral representations are not binding upon the DMV.


1-6 ACTION DATES

EVENT DATE

RFP Release Date Friday, September 8, 2017Deadline for receipt of potential Offerers’ questions Friday, September 29, 2017

at 4:30 PM, EDTResponse to written questions mailed to Offerers Friday, October 20, 2017Proposals due; Evaluation begins Thursday, November 9, 2017

at 2:30 PM, EDTContractor Selection / Notice of Tentative Award (“estimated” date) Wednesday, January 3, 2018

Contract negotiations end; NYS Control Agency review begins (“estimated” date)

Wednesday, February 28, 2018

Contract Approval by Office of State Comptroller (OSC) and Office of Attorney General (AG) (“estimated” date)

Wednesday, May 30, 2018

1-7 QUESTIONS AND ANSWERS

Offerers are encouraged to submit questions if they require clarification of any portion of this RFP. Whenever possible, Offerers must reference the RFP section(s) to which each question refers. All questions regarding this RFP must be received in writing, by mail or email, by no later than 4:30 PM, EDT, on September 29, 2017. DMV will publish to all Offerers, no later than October 20, 2017, all Offerers’ questions received by the September 29, 2017 deadline, with a written response to each question.

All questions must be submitted in writing either by mail or email to Connie Higgins-Beer at the address provided above in Section 1-3.

It is the Offerer’s responsibility, if desired, to verify DMV’s timely receipt of the Offerer’s question(s); DMV will not provide automatic acknowledgement of receipt.

Offerers seeking to prevent the disclosure of alleged proprietary information contained in their questions must mark such questions as "CONFIDENTIAL", and must provide a detailed justification for treating such information as confidential. DMV will review all questions submitted, and reserves the right and sole discretion to make the final determination as to which questions will be treated as Confidential. DMV reserves the right to rephrase questions to protect information that is deemed Confidential, prior to disclosing to all other Bidders a Bidder’s confidentially raised question and DMV’s answer.


1-8 SUBMISSION OF PROPOSALS

ALL PROPOSALS MUST BE RECEIVED BY DMV ON OR BEFORE 2:30 PM (E.S.T.), ON NOVEMBER 9, 2017.

PROPOSALS MUST BE SUBMITTED TO CONNIE HIGGINS-BEER AT THE ADDRESS PROVIDED IN SECTION 1-3.

The outside packaging of your proposal must clearly indicate “Proposal Enclosed for RFP #C000866”.

Offerers are responsible for ensuring the timely submission of their proposals.

Offerers acknowledge that New York State is not liable for Offerers’ costs incurred incident to the preparation or submission of proposals.

Proposals received after the above scheduled date and time may be rejected as “late” (See, Section 1-12 hereof, entitled “Rejection of Proposals”).

1-9 MULTIPLE PROPOSALS

Offerers who wish to submit alternate solutions in response to this RFP must do so in separate proposals, in order to facilitate the evaluation of each proposed solution. Multiple proposals from an Offerer will be permitted; however, each proposal must fully conform to the requirements for proposal submission. Each such proposal must be separately submitted and labeled on each page as “Proposal Number One”, “Proposal Number Two”, etc.

1-10 AMENDMENT OF PROPOSALS

Offerers may only amend submitted proposals prior to the proposal due date. Amended proposals must be submitted in packaging which clearly indicates on the outside “Amended Proposal for RFP #C000866”. Amended proposals must be signed by an individual who is duly authorized to amend the Offerer’s proposal (preferably the individual who signed the original proposal).

The Department will not accept amended proposals sent by fax or e-mail . Amended proposals must either be mailed, or sent by overnight delivery, or delivered in person, to DMV at the address indicated in Section 1-3 hereof.

Amended proposals received by DMV after the proposal due date and time may be rejected as “late” (See, Section 1-12 hereof, entitled “Rejection of Proposals”).

1-11 WITHDRAWAL OF PROPOSAL PRIOR TO PROPOSAL OPENING

A proposal may be withdrawn at any time prior to the proposal due date and time. If multiple proposals are submitted by the same Offerer, the Offerer must clearly indicate the proposal to which the withdrawal applies (e.g., “Proposal Number One”, “Proposal Number Two”, etc.).


1-12 REJECTION OF PROPOSALS

The Department reserves the right to reject any or all proposals, in whole or in part, and to waive technicalities, irregularities, and omissions if, in its sole judgment, such action will be in the best interest of the State. In the event that there are no satisfactory proposals, which fully comply with the bid specifications, the Department reserves the right to consider late or non-conforming proposals. The Department will only award a Contract to a “responsible” and “responsive” Offerer (as permitted by State Finance Law, Section 163(9)(f)), that DMV determines to be qualified to satisfy the terms and conditions of this solicitation. The Department reserves the right and sole discretion to qualify an Offerer as responsible and responsive. Neither the Department nor the State of New York shall be liable for any costs incurred by Offerers in preparation for, or prior to approval of, an executed contract.

1-13 PROPOSALS REMAIN OPEN

DMV reserves the right to award a contract to a successful Offerer within ninety (90) days after the date of proposal opening, during which period proposals must remain open and cannot be withdrawn. If, however, an award is not made within the ninety (90) day period, proposals shall continue to remain open until the Offerer delivers written notice of the withdrawal of its proposal to DMV’s Contract Administrator. Any proposal that expressly states therein that acceptance must be made within a shorter specified time, may be accepted or rejected at the sole discretion of the Department.

1-14 CONFIDENTIALITY

DMV will notify all Offerers if and when a Contract has been tentatively awarded by DMV to the winning Offerer. Contracts let by DMV are considered to be tentatively awarded, and non-binding upon the State, until approved and executed by the NYS Office of State Comptroller (“OSC”). Prior to issuing notification of contract award, DMV will not disclose the content of any proposals, correspondence, working papers, or any other medium submitted to DMV in response to this solicitation (excepting the dissemination of Offerers’ questions to all Offerers as described in this solicitation).

After DMV issues notification of contract award, all proposals and contracts in DMV’s possession are considered agency records pursuant to New York State’s “Freedom of Information Law” (FOIL) (See, Public Officers Law, Article 6).

Agency records are generally available to the public upon request. However, pursuant to Public Officers Law, Section 87(2) (d), DMV may “deny access to records or portions thereof that: are trade secrets or are submitted to [DMV] by a commercial enterprise or derived from information obtained from a commercial enterprise and which if disclosed would cause substantial injury to the competitive position of the subject enterprise.”

In order for Offerers to claim the exemption from disclosure provided by this provision of law, Offerers must mark as “CONFIDENTIAL” any proprietary information contained in their proposals that they wish to protect from further disclosure or dissemination.


BY THE ACT OF SUBMITTING A PROPOSAL IN RESPONSE TO THIS SOLICITATION, OFFERERS ACKNOWLEDGE THAT (1) THE SUBMISSION OF THE OFFERERS’S PROPOSAL SHALL BE THE OFFERERS’S SOLE OPPORTUNITY TO CLAIM SUCH EXEMPTION FROM DISCLOSURE OR DISSEMINATION OF INFORMATION CONTAINED IN THEIR PROPOSAL, AND (2) FAILURE TO MARK SUCH INFORMATION AS “CONFIDENTIAL” WILL CONSTITUTE A WAIVER OF CONFIDENTIALITY, AND WILL RELEASE DMV AND THE STATE FROM ANY LIABILITY FOR DISCLOSURE OR DISSEMINATION THEREOF.

DMV is charged with making the final determination concerning any exemption from disclosure claimed by offerers. In addition to so marking the information, Offerers must provide DMV with a detailed written justification for classifying the information as “CONFIDENTIAL”. Undocumented and unexplained claims for exemption from disclosure or dissemination shall not be binding upon DMV or the State. A conclusory declaration that disclosure would be injurious will not suffice. Offerers must assert that disclosure of claimed proprietary information, their written justification for exemption, or any portion thereof would be injurious, and must provide sufficient detail to support their claim for exemption from disclosure or dissemination under FOIL.

Offerers acknowledge that DMV may be required to release any such information if so ordered by a court of competent jurisdiction. In such event, the Offerers will be notified of the commencement of legal action to compel disclosure, and the Offerers must either participate in the defense of such action or waive its claim of confidentiality. Failure to participate in the defense of such action shall be deemed a waiver of any claim of confidentiality.

1-15 CONFLICT OF TERMS

The Contract awarded from this RFP will incorporate the terms of the following documents. Any conflicts between the terms contained in the main body of the Contract and the terms of such other documents shall be resolved in the following order of precedence, with Appendix-A being highest in order of priority:

1. Appendix-A, “Standard Clauses for New York State Contracts”;2. The Contract, including all Appendices;3. Request for Proposals #C000866, including Appendix-A, B, C-1, C-2, C-3, C-4, C-5, C-

6, C-7, C-8, D, E, and F, and any addenda to the RFP;4. Contractor’s proposal in response to Request for Proposals #C000866

1-16 NON-ENDORSEMENT

By selecting an Offerer to provide goods or services to DMV, DMV is neither endorsing nor representing that the selected Offerers’ goods or services are the best or only solution for meeting DMV’s requirements. Offerers and the Contractor shall refrain from making any reference to DMV, this procurement, or the resulting contract in any literature, promotional material, brochure, sales presentation, press release, or the like without the express prior written consent of DMV.


1-17 REQUEST FOR DEBRIEFING

In accordance with State Finance Law, Section 163(9)(c), as amended, DMV will upon request provide a debriefing to any bidder that submitted a bid/proposal in response to this solicitation and was not selected for an award of contract.

A contract is deemed to be “tentatively” awarded by DMV, and not binding upon the State, until final approval and execution by the New York State Office of State Comptroller (OSC). Notice of DMV’s tentative award of a contract will be provided to all bidders who submit a bid/proposal in response to this solicitation. Such notice will be provided to bidders by email to the primary contact person indicated on the “Bidder Contact Information” form for notification of tentative award or non-award of the Contract. Bidders must submit a written request for debriefing to DMV’s Procurement Services unit within fifteen (15) calendar days from DMV’s notice of tentative award of a contract.

Debriefings are not provided as a forum for unsuccessful bidders to elicit evidence of wrongdoing by DMV. Debriefings are provided for the purpose of assisting the unsuccessful bidder in becoming a more viable competitor for the provision of goods and services to the State of New York.

To fulfill that objective, the scope of debriefings shall include, but not be limited to, the following:

1. the reasons that the proposal, bid or offer submitted by the unsuccessful bidder/offerer was not selected for award;

2. the qualitative and quantitative analysis employed by the agency in assessing the relative merits of the proposals, bids or offers;

3. the application of the selection criteria to the unsuccessful bidder’s/offerer’s bid/proposal;4. when the debriefing is held after the final award, the reasons for the selection of the

winning proposal, bid or offer; and5. to the extent practicable, general advice and guidance to the unsuccessful bidder/offerer

concerning potential ways that their future proposals, bids or offers could be more responsive.

Debriefings will also address the method employed by the Bid Evaluation team for numerically scoring the bidder’s bid/proposal.

DMV will not release the identity of bid evaluators or their personal notes/scoring justifications.

DMV will not discuss information concerning competitors’ bids/proposals. Such information may be accessible pursuant to New York “Freedom of Information Law” (FOIL) (Public Officers Law § 89), by filing a request with DMV’s FOIL office.

In the event that any entity provides an unsatisfactory reference for the bidder, DMV will disclose the nature of the unsatisfactory reference but will not identify the entity.

1-18 PROTEST OF CONTRACT AWARD


BIDDERS TAKE NOTICE: By the act of submitting a bid/proposal in response to DMV’s solicitation, bidders acknowledge that they understand and agree as follows:

1. failure to timely raise questions of law or fact or objections concerning issues known to the Bidder, prior to the termination of any Question & Answer period provided by DMV for this solicitation, shall serve as a complete waiver and bar to that Bidder raising any such question or objection in a subsequent protest or legal action concerning the award of a contract let hereunder;

2. in the event that a protesting bidder is the incumbent contractor providing goods or services that are substantially similar in purpose or function to those sought by this solicitation, and such contract has not expired by its terms upon publication of this solicitation for bids/proposals, then the term of such contract may, at DMV’s option, be extended upon the same terms and conditions for the duration of the protest or any legal action in which such contractor challenges the award of the Contract, irrespective of the outcome of any such protest or action.

After DMV has tentatively awarded the Contract to a successful bidder, an interested party* may file an initial protest of contract award with the New York State OSC’s Bureau of Contracts (BOC). An initial protest may be filed if the facts that would give rise to a protest are not known to, and could not reasonably have been known to, an interested party prior to the date by which a protest was required to be filed. An initial protest must be made, pursuant to OSC’s Regulations (Part 24 to Title 2 NYCRR), and in conformance with OSC’s “Contract Award Protest Procedure for Contract Awards Subject to The Comptroller’s Approval”, which is available at:

https://www.osc.state.ny.us/agencies/guide/MyWebHelp/Content/XI/17.htm

Pursuant thereto, an initial protest must be filed with BOC, in writing, and must contain specifically enumerated factual and/or legal allegations, setting forth the basis on which the protesting party challenges the contract award by DMV. An interested party may file an initial protest with BOC within ten (10) business days or receiving notice of the contract award which it seeks to challenge, or within (5) business days of the debriefing, whichever is later.

If the interested party is not provided with notice of the contract award, the interested party may file a protest with BOC at any time after contract award and prior to Comptroller’s final action on the Contract.

The protest to the BOC must contain specific factual and/or legal allegations setting forth the basis upon which the protesting party challenges the contract award by DMV. The protest must be filed with BOC at the following address:

Charlotte Davis, Director at [email protected] or


mailto:[email protected]

https://www.osc.state.ny.us/agencies/guide/MyWebHelp/Content/XI/17.htm

Bureau of ContractsNew York State Office of the State Comptroller110 State Street, 11th FloorAlbany, NY 12236

The protesting party must simultaneously deliver a copy of the protest to DMV and the successful bidder, if the protesting party does know the identity of the successful bidder, and must attach to its protest an affirmation in writing as to such delivery. If the protesting party does not know the identity of the successful bidder, the protesting party shall state so in its affirmation and the BOC shall provide the successful bidder with a copy of the protest. Any filing deadlines may be waived by the BOC in its sole discretion.

*An “interested party” means a participant in the procurement process, and those who can establish that their participation in the procurement process was foreclosed by the actions of DMV and have suffered harm as a result of the manner in which the procurement was conducted.

1-19 DMV’S RESERVED RIGHTS

DMV reserves the right to:

1. Reject any or all proposals received in response to the RFP; 2. Withdraw the RFP at any time, at DMV’s sole discretion; 3. Make an award under the RFP in whole or in part; 4. Disqualify any Offerer whose conduct and/or proposal fails to conform to the

requirements of the RFP; 5. Seek clarifications and revisions of proposals;6. Use proposal information obtained through site visits, management interviews and the

State’s investigation of a Offerer’s qualifications, experience, ability or financial standing, and any material or information submitted by the Offerer in response to DMV’s request for clarifying information in the course of evaluation and/or selection under the RFP;

7. Prior to the bid opening, amend the RFP specifications to correct errors or oversights, or to supply additional information, as it becomes available;

8. Prior to the bid opening, direct Offerers to submit proposal modifications addressing subsequent RFP amendments;

9. Change any of the scheduled dates; 10. Eliminate any mandatory, non-material specifications that cannot be complied with by all

of the prospective Offerers; 11. Waive any requirements that are not material; 12. Negotiate with the successful Offerer within the scope of the RFP in the best interests of

the state; 13. Conduct contract negotiations with the next responsible Offerer, should the agency be

unsuccessful in negotiating with the selected Offerer; 14. Accept a newer version of any product specified in the RFP, or a comparable product to

that specified, if DMV determines that so doing would be in the best interests of the State;


15. Require clarification at any time during the procurement process and/or require correction of arithmetic or other apparent errors for the purpose of assuring a full and complete understanding of a proposal and/or to determine an Offerer’s compliance with the requirements of the solicitation.


2 ENTERTAINMENT AND INFORMATION SERVICES

2-1 OVERVIEW OF SERVICES

DMV seeks a Contractor to provide an Entertainment and Information System, the purpose of which is to make customer visits to DMV offices more enjoyable without increasing costs to the Department, while also providing the Department with a forum for delivering public services messages, DMV information and announcements, queuing system information, and TVB docket information.

See Appendix-E for office locations, types, and hours of operation, and for District Office customer volumes (April 2016 – March 2017).

2-2 INSTRUCTIONS FOR RESPONDING TO REQUIREMENTS

The following Sections (2-3 through 2-9) specify the Entertainment and Information System requirements.

“Mandatory” requirements of this RFP are designated with an “M” in the column marked “Type” and contain the words “shall” or “must.”

By the act of submitting a proposal in response to this solicitation, offerers acknowledge that they will comply with and perform each Mandatory requirement as specified herein.

The Offerer’s response to Mandatory requirements must indicate that they will comply with each mandatory requirement. The Offerer’s failure to indicate they will comply with a “mandatory requirement, or stating that they will not comply with a mandatory requirement, may result in the Offerer’s proposal being deemed to be non-responsive.

The Offerer may offer alternatives to the Mandatory requirements. However, such alternatives may only be provided in addition to responses that address the required Mandatory requirements. Proposals that only offer an alternative to a Mandatory requirement will be deemed to be non-responsive.

Requirements that will be evaluated and scored by the Evaluation Team are designated with an “S” in the column marked “Type”. “Scored” requirements require the Offerer to explain in detail how its proposed solution satisfies the objectives of the Scored requirement. Vague or incomplete responses to Scored requirements will result in a reduced Technical score of the proposal.


2-3 COMPENSATION

RFP Section

Type Requirement Description

2-3.1 M The Contractor must provide all services at no cost to DMV.2-3.2 M The Contractor is permitted to charge for advertisements run on the System.

The Contractor is solely responsible for soliciting advertising.

2-4 PROGRAM CONTENT

RFP Section

TypeRequirement Description

2-4.1 M The Contractor is responsible for the development and production of all program content, excluding content provided by DMV (See, Section 2-4.8).

2-4.2 M The Contractor must display the DMV logo brand mark flush right in the lower right hand corner of all Motor Vehicle Messages. The Contractor may adjust the logo brand mark’s transparency to the content.

2-4.3 M DMV-provided content is proprietary to DMV and may not be re-disclosed by the Contractor, its employees, or its agents without express written permission by DMV.

2-4.4 M Within each one-hour block, the System must display content with the following ratios:

a. News and Information: at least 38 minutes (unless DMV elects to reduce News and Information and increase Motor Vehicle Messages).

b. Motor Vehicle Messages: at least 10 minutes.c. Sponsor Messages (ads): no more than 12 minutes.

2-4.5 M The Contractor must not show Sponsor Messages (ads) on the System in lengths other than 15 or 30 seconds.

2-4.6 M The Contractor must update content as often as necessary to keep content current and relevant.

2-4.7 M The Contractor shall only provide advertisements which the Contractor is permitted to display in accordance with the provisions of agreements entered between advertisers and the Contractor. The Contractor represents and warrants that it shall be solely responsible for all losses in the event that the Contractor breaches any agreements with such advertisers.

2-4.8 M The Contractor must show DMV-specific announcements, as directed by DMV, as part of the Motor Vehicle Messages. DMV will provide the Contractor with some Motor Vehicle Message content. The Contractor is responsible for developing the remaining Motor Vehicle Message content based on copy provided by DMV.


RFP Section


2-4.9 M The Contractor must post foreign-language content at DMV’s direction. Should DMV require foreign-language content, DMV will provide the Contractor with translated copy.

2-4.10 M The System content, including advertising, must not use sound. 2-4.11 M The Contractor must submit all content to DMV for approval prior to

showing such content. The Contractor may only show DMV-approved content. No material deemed objectionable, or which violations community standards of decency, may be included, nor will DMV approve any content promoting alcohol or tobacco products or products or services contrary to the mission of DMV. DMV has the right to reject, in its sole discretion, any contractor-provided content, including advertisements.

2-4.12 S The Offerer should submit sample program content in high definition, set up for 4:3 aspect ratio, of the following:

1) News: Sample “National News feature”2) Weather: Sample “Local Weather Forecast”3) Trivia: Sample “Trivia Q&A Feature”4) Traffic Safety: Sample public service message containing the

message: “Don’t Drink and Drive”5) Vehicle Safety: Sample safety tip containing the message:

“Change in season? Change in temperature? Remember to check your tire pressure for proper inflation – Travel safe!”

6) DMV Information: Sample customer service feature containing the message: “Vehicle Registration / Do you have the right documents?

A. Original Title (Proof of Ownership) B. Current NYS Insurance Card C. Bill of Sale / Proof of Sales Tax Payment / Sales Tax Form D. NYS Driver License, Permit or non-driver ID (6 Points Proof of Name and Date of Birth) E. Vehicle Registration Application – Completed Front and Back All documents must be original. Photocopies are not acceptable.”

Sample program content should not exceed five (5) minutes in total, should not use sound, and should be submitted on CD-ROM or DVD. Sample content demonstrating creativity and high production quality will receive higher scores.


2-5 HARDWARE REQUIREMENTS

RFP Section


2-5.1 M The Contractor must provide dependable, commercial grade, flat-screen, color, high-definition televisions (HDTVs) or better, with minimum screen measurements of 32 inches diagonally, and with image aspect ratios of 16:9.

2-5.2 M The total number of flat-screen TVs to be installed at each office shall be as required by DMV after consultation with Contractor. In each DO or CSC without video walls, the Contractor must provide a minimum of two (2) and a maximum of seven (7) flat-screen TVs, one (1) of which will be for DMV’s dedicated use. Offices with video walls may require more than seven TVs. Additionally, in each TVB office, the Contractor must provide at least two (2) flat-screen TVs for DMV’s dedicated use.

2-5.3 M The Contractor must provide “video walls” in locations designated by DMV. Video walls consist of a rectangle of TVs placed adjacent to each other and over which content is displayed as if across one screen. (See, Appendix-F for photo of existing video wall.)

2-5.4 M The Contractor must provide touch screen monitors, at least 24 inches diagonally, which must be capable of being positioned either vertically or horizontally, on which to display interactive applications provided by DMV.

2-5.5 M The total number of touch-screen monitors to be installed in each office shall be as required by DMV after consultation with Contractor. In each District Office, the Contractor must provide a minimum of one (1) and a maximum of three (3) touch-screen monitors.

2-5.6 M The Contractor must safely secure all TVs and touch screen monitors and position them for optimal viewing.

2-6 SYSTEM REQUIREMENTS

RFP Section


2-6.1 M The System must operate in all of DMV’s District Offices (DOs) and Traffic Violations Bureau (TVB) offices, and at the Customer Service Counter (CSC) office, unless DMV directs the Contractor to exclude specific offices.

2-6.2 M DMV reserves the right to add or remove offices from scope of the System during the term of the Contract.


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2-6.3 M The System must provide designated DMV staff with the ability to remotely view the content showing on any select screen (whether in DO, TVB, or CSC office) in real time. The method of remotely viewing content must not require the installation of non-enterprise software on DMV’s computers.

2-6.4 M Operation of equipment and presentation of materials must not disrupt the normal flow of business in DMV’s offices.

2-6.5 M In District Offices of DMV’s choosing, the System must display DMV’s queuing numbers on all screens (unless otherwise directed by DMV), at all times during the course of businesses. This must be accomplished using a split screen method to allow customers to view system content and queuing information simultaneously. Currently, the overall aspect ratio is 16:9. The actual content is in an aspect ratio of 4:3, with the remaining used for the queuing. See, Appendix-F for an image of how this is currently accomplished.

2-6.6 M DMV reserves the right to require the Contractor to remove some or all of the System from offices during the term of the Contract to accommodate renovations or repairs.

2-6.7 M The System must be secured such that only authorized personnel of the Contractor, subcontractors (if applicable), and DMV are capable of posting visual or audio content.

2-6.8 M The Contractor must broadcast messages provided by DMV within eight (8) business hours of receipt of the instructions and messages. The Contractor must display such messages in all office or in only certain offices, as specified by DMV. The Contractor must display such messages at times designated by DMV. For example, at DMV’s instruction, the Contractor must show an announcement at four selected offices at 2 pm, show another announcement in all offices across the State at 2:15 pm on the same day, and show a third announcement at one office once every hour.

2-6.9.1 M The System must have the ability to provide audio functionality at the discretion of DMV. Designated DMV staff must have the ability to interrupt the program to provide audio messages at their discretion.

2-6.9.2 S The Offerer should describe how the proposed system will permit DMV staff to interrupt the program to provide audio messages, and how the regular program will be resumed. Methods which minimize effort from DMV staff, and which reduce the possibility of non-authorized personnel taking control of the audio, will receive higher scores.


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2-6.10.1 M The Contractor must provide a method for designated DMV staff to control the content of the flat-screen TVs (one at each DO and a minimum of two at the TVB offices) provided for DMV’s dedicated use. Designated DMV staff must have the ability to program the System to show content at a given time (for example, configure the system at the end of the day Tuesday to show a hearings docket beginning at 8:00 am on Wednesday), as well as the ability to add or remove content at any time (for example, remove a hearings docket, make an edit, and post the updated docket).

2-6.10.2 S The Offerer should describe how the proposed System will permit DMV staff to add and remove the content of the flat-screen TVs provided for DMV’s designated use. Methods which minimize effort from DMV staff, and which reduce the possibility of non-authorized personnel taking control of the TVs, will receive higher scores.

2-7 SYSTEM INSTALLATION AND UNINSTALLATION

RFP Section


2-7.1 M The Contractor must provide, install, and maintain all System components, including but not limited to, flat-screen TVs, touch screens devices, and electric and network service and cabling required to operate the System. Installation of all components must be done cleanly and neatly and must not use wiremold.

2-7.2 M Placement of all System components is subject to approval by DMV. 2-7.3 M If required by DMV, the Contractor must perform installation,

uninstallation, and maintenance outside of regular office business hours.2-7.4 M The Contractor must cooperate with DMV and the contractor providing

DMV’s current entertainment and information system to develop an uninstallation/installation schedule that is acceptable to DMV, in order to minimize the time during which an office is without and entertainment and information system.

2-7.5 M The Contractor must complete installation of the System by November 9, 2018, or within thirty (30) calendar days following approval of the Contract by OSC, whichever is later.

2-7.6 M Prior to installation, the Contractor must submit a design for each office showing the locations of each TV/monitor and how they are affixed, the locations of any computers/ISP devices, the placement of cabling/outlets, etc., and must receive approval of the design from DMV.


RFP Section


2-7.7 S The Offerer should provide a description of experience installing and maintaining similar systems, or experience of a subcontractor the Offerer proposes to use on this project. Descriptions that demonstrate experience appropriate to this project will receive higher scores.

2-7.8 S The Offerer should describe its proposed approach to planning and coordinating installation, and installing and maintaining the System. Approaches which promote communication with DMV, maximize efficiency throughout the planning and installation process, and minimize disruptions created by installation and maintenance will receive higher scores.

2-7.9 M Upon Contract termination, or notification to the Contractor of DMV’s intent to terminate the Contract, the Contractor must promptly uninstall and remove all System hardware, network components, wiring, or other System features.

2-7.10 M Upon notification to the Contractor of an office renovation, the Contractor must remove System hardware and other components affected by the renovation, as directed by DMV. The Contractor must reinstall such System components following completion of the renovation. Note: There are typically no more than one to two renovations requiring complete office closures per year. Closures for renovations last approximately four to six weeks. The Contractor will likely be required to re-run ISP cable after such renovations.

2-7.11 M The Contractor must restore the office to its original condition upon uninstalling any System features.

2-7.12 S The Offerer should describe its proposed approach to planning and coordinating removal of System hardware and other components, both at Contract termination and for office renovations, and their proposed approach to restoring the office to its original condition. Approaches which promote communication with DMV, maximize efficiency throughout the uninstallation process, and minimize disruptions created by uninstallation and restoration of the space will receive higher scores.

2-8 SUPPORT AND MAINTENANCE

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2-8.1 M The Contractor must provide DMV with a phone number and email address which DMV and Information Technology Services (ITS) staff may use to request support and maintenance.


RFP Section


2-8.2.1 M The Contractor must provide an initial response to requests for support and maintenance within two (2) business hours (8:00 am through 6:00 pm, Monday through Friday, excluding State holidays). If the issue can be resolved remotely, the Contractor must do so within eight (8) business hours. All incidents, including the installation of replacement components, if required, must be completely resolved within four (4) business days from when DMV reports them to the Contractor.

2-8.2.2 S The Offerer should describe their approach to providing support and maintenance, including its proposed timeframes for initial responses, remote resolution of issues, and for complete resolution of issues. Proposals with timeframes below those required in Section 2-8.2.1 will receive higher scores.

2-8.3 M The Contractor must ensure System uptime of 99% during business hours (8:00 am through 6:00 pm, Monday through Friday, excluding State holidays). “System uptime” is defined as time that the System is displaying program content and is operating as specified herein. System uptime is computed by dividing the total number of hours the system was displaying program content and operating as required during a calendar month by the total number of business hours contained in such calendar month. The failure of individual TVs or flat screen monitors to display content does not count as “System downtime”.

2-9 OTHER CONTRACTOR RESPONSIBILITIES

RFP Section


2-9.1 M The Contractor must provide training to DMV’s central office Operations and Communications personnel, District Office and TVB office managers, and other staff as designated by DMV, on the following topics, as applicable to the staff members’ positions:

1. Basic troubleshooting the Contractor would expect/request DMV to perform before contacting the Contractor (if any).

2. Remote viewing of content showing on select screens.3. Adding and removing content of the flat-screen TV’s provided

for DMV’s designated use at DOs, TVBs, and the CSC. 4. Use of the System for audio announcements.

2-9.2 M The Contractor must provide reference documentation covering the training topics outlined in Section 2-9.1. The documentation must be at a level of detail allowing staff members who did not attend training to perform the functions outlined in Section 2-9.1.


RFP Section


2-9.3 M All System components are the property of the Contractor, and DMV is not liable for theft of any System components or damage to any System components.

2-9.4 M The Contractor must develop, disseminate, and enforce a “Code of Conduct” for its officers, employees, and agents which recognizes the public’s perception of and sensitivity to the operations being performed on behalf of the State of New York. The Code of Conduct must address the following issues:

1. The procedures that will be implemented to avoid unfavorable publicity.

2. The procedures that will require programming provided be a credit to the State of New York.

3. The procedures that will ensure that all of the Contractor’s personnel will conduct themselves in a manner which is consistent with the dignity of the State of New York.

4. A commitment to conduct business in a fair and open manner that will withstand the scrutiny of public and media attention.

2-10 CONTRACTOR EXPERIENCE

The following Section 2-10 specifies the mandated and preferred Contractor Experience.

“Mandatory” requirements of this RFP are designated with an “M” in the column marked “Type”, and contain the words “shall” or “must”.

By the act of submitting a proposal in response to this solicitation, offerers acknowledge that they comply with each Mandatory requirement as specified herein. If an offerer excludes or fails to address a Mandatory requirement in its proposal, DMV reserves the right and sole discretion to disqualify that proposal as “non-responsive.”

Requirements that will be evaluated and scored by the DMV Evaluation Team will be designated with an “S” in the column marked “Type.” “Scored” requirements require the Offerer to explain in detail how it satisfies the objectives of the Scored requirement. Vague or incomplete responses to Scored requirements will result in a reduced Technical score of the proposal.

The Offerer’s experience must be verifiable. As part of the proposal evaluation process, DMV will contact the references provided by Offerers listed in Appendix-D, “Business Experience and Reference Forms”. DMV will evaluate the experience qualifications for each Offerer to determine whether they meet the Mandatory experience requirements for this RFP and to determine whether experience used for Scored requirements is verifiable. It is not required that any one of the Offerer’s previous projects meet all Mandatory or Scored requirements, but all project descriptions, taken together, must clearly demonstrate the qualifications.


DMV reserves the right to disqualify any Offerer who provides an Experience Reference that is unsatisfactory to DMV.

References deemed “Unsatisfactory” by DMV include, but are not limited to, the following: a reference indicating that service was inadequate, or that substandard performance was provided; DMV’s inability to confirm satisfactory references within five (5) business days of trying to contact references; the supplied references are not able to attest to the Offerer’s competency or fully conforming performance; or any information that negatively impacts DMV’s assessment of a Offerer’s responsibility.

Note: DMV will promptly contact the Offerer in the event we are unable to reach the provided references.

RFP Section


2-10.1.1 M As of September 8, 2017, the Contractor must have at least two years of verifiable experience operating an out-of-home media network distributed across a minimum of five locations. At least one of these years of experience must have been within the last two years. An “out-of-home media network” is defined as the hardware and software infrastructure and necessary to display media to viewers in public places, in transit, waiting, and/or in other specific locations outside of the viewers’ homes, as well as the content displayed.

2-10.1.2 S The Offerer should describe how it exceeds the minimum requirement set forth in Section 2-10.1.1. Experience that includes additional years of experience; additional recent years of experience; operation of out-of-home media networks with larger numbers of locations; operation of out-of-home media networks in federal, state, or local government offices; or operation of out-of-home media networks for motor vehicle agencies will receive a higher score.

2-10.2.1 M As of September 8, 2017, the Contractor must have Offerers must have at least two years of verifiable business experience working with federal, state, or local government entities. At least one of these years of experience must have been within the last four years.

2-10.2.2 S The Offerer should describe how it exceeds the minimum requirement set forth in Section 2-10.2.1. Experience that includes additional years of business experience working with federal, state, or local government entities, and additional recent years of experience working with federal, state, or local government entities will receive a higher score.


3 PROPOSAL EVALUATION

3-1 COMPLETE PROPOSALS

Offerers must submit a complete proposal, which addresses every element of the RFP. Appendix-B, the Proposal Submission Checklist, is a complete list of all items that Offerers must submit with their proposals.

Please note: Offerers must provide five (5) hard copies of their Technical Proposals (excluding the sample program content; see Section 2-4.12); one (1) electronic copy of their Technical Proposals (excluding the sample program content; see Section 2-4.12) on a CD-ROM disc (in Microsoft Word or any other text-searchable format); and five (5) electronic copies of their sample program content (see Section 2-4.12) on a CD-ROM or DVD disc.

3-2 PROPOSAL REQUIREMENT DETAIL

3-2.1 Introductory Cover Letter

All proposals must include a cover letter, signed on behalf of the Offerer by a duly authorized officer or agent of the Offerer, which contains the following:

1. Identification of the Offerer, including the company’s name, address, phone number, federal identification number; and the name, title, phone number, and email address of the person authorized to accept notices and other communications from DMV, and to respond to inquiries from DMV concerning this RFP;

2. Confirmation that the proposal is submitted in response to RFP #C000866;3. Identification of the various parts of the proposal (by Section); 4. Other concise introductory information; however, such information will not be

subject to evaluation.5. Identification of any and all subcontractors, including their legal business

names; trade names (“D/B/As”), if applicable; federal tax identification numbers; a description of the services to be performed; the approximate dollar value of the services to be performed; a description of how their participation improves meeting project objectives; and the date that each proposed subcontractor’s Vendor Responsibility Questionnaire was submitted online (if not submitted online, include completed paper copies).

3-2.2 Offerer’s Technical Proposal

Offerers must submit a comprehensive Technical proposal that provides sufficient detail to permit the Evaluation Team to assess the Offerer’s degree of understanding of the requirements and deliverables. Proposals that do not address all of the mandatory requirements and deliverables of this RFP will be disqualified as “non-responsive”.


NOTE: THE TECHNICAL PROPOSAL MUST FOLLOW THE SEQUENCE OF SECTION 2 OF THE RFP, AND MUST INCLUDE A RESTATEMENT OF EACH DMV REQUIREMENT (INCLUDING THE DMV REQUIREMENT NUMBER PROVIDED IN THE RFP) FOLLOWED BY THE OFFERER’S RESPONSE. PROPOSALS THAT FAIL TO FOLLOW THIS DIRECTIVE MAY BE DEEMED “NON-RESPONSIVE” BY THE DEPARTMENT.

Offerers may offer additional alternatives to the mandatory requirements. However, such alternatives may only be provided in addition to responses that address the required mandatory requirement. Proposals that only offer an alternative to a mandatory requirement will be deemed non-responsive.

3-2.3 Financial Information

By the act of submitting a proposal in response to this RFP, the Offerer acknowledges and agrees that DMV is authorized to do the following:

Make inquiry into and research the Offerer’s financial history and condition by any means DMV deems reasonably necessary; and

Evaluate the financial history and condition of the Offerer to whom a contract is tentatively awarded. Any findings which DMV, in its sole discretion, deems to be adverse may result in disqualification of the proposal.

Offerers must submit a copy of following information with their proposal, in the event their business is organized as a corporation, a limited liability company (LLC), partnership, or a sole proprietorship, as applicable:

1. Corporate/LLC information required, including (where applicable):a. Ticker Symbol of the Offerer, under which the company is traded;b. Exchange on which company stock is traded;c. DUNS Number.

2. A copy of the Offerer’s Certificate of Incorporation, LLC Articles of Organization, or the Partnership Certificate on file in the State in which the Offerer is principally located, and a letter from the Secretary of State’s office stating the corporation/LLC/partnership is in good standing with the State in which it is principally located.a. If the Offerer is a partnership comprised of two or more corporations, then

a copy of each partner’s Certificate of Incorporation, and a copy of the partnership papers, must be provided.

b. If the Offerer is not a New York corporation, or LLC, the Offerer must provide a copy of documents demonstrating that it is authorized to do business in NYS.


c. If the Offerer is a partnership comprised of non-corporate partners, the Offerer must provide a copy of its Certificate of Partnership, and, if applicable, LLC articles of organization.

3. A list identifying all corporate officers/LLC managing members, and the firm’s legal counsel.

4. Financial Statements Offerers must provide with their proposals evidence of their financial capacity to perform their contractual obligations arising under the terms of the awarded contract, as specified in this RFP. Offerers must provide audited financial statements for the last three (3) years of operations. In the event that an Offerer is not required by law to have independent audits performed, the Offerer must provide a statement to that effect, and other verifiable evidence of the Offerer’s financial capacity, with its Proposal. DMV will consider other verifiable evidence such as annual financial statements for the last three (3) years; a report by a third party service (e.g., Dun and Bradstreet); statements from a bank confirming the average daily account balances for the last year; or similar documentation. If audited financial statements are available, they must be submitted even if proprietary information is contained therein (Offerers must notify DMV if proprietary information is contained).

All proof of financial capacity is subject to review by DMV, and acceptance or rejection thereof will be subject to the sole discretion of DMV.

3-3 EVALUATION OF PROPOSALS AND CONTRACT AWARD

The Proposal Evaluation Team will consist of several DMV employees with varied relevant backgrounds who will independently evaluate each proposal using the same evaluation criteria. The Evaluation Team will select a winning Offerer based upon the highest score achieved. A formal notice of tentative contract award will subsequently be sent to all Offerers informing them of the identity of the successful Offerer. Immediately upon notification of the tentative contract award, the successful Offerer must identify the staff member(s) authorized to negotiate the remaining terms of the Contract with DMV. Contracts awarded by DMV are tentatively awarded, and are not binding upon the state, until approved and executed by the NYS Office of State Comptroller (OSC).

Proposals will be reviewed to determine whether all “mandatory requirements” have been met. Mandatory requirements are designated with an “M” in the Type column and contain the words “must,” “shall,” or “is (are) required” in a statement. Additionally, all Contractor requirements included in Section 4, “Terms and Conditions” are “Mandatory”.

The Offerer’s failure to indicate they will comply with a mandatory requirement, or stating that they will not comply with a mandatory requirement, or failure to indicate they accept the Section


4 terms using Appendix-C-8, may result in the Offerer’s proposal being deemed to be not-responsive.

Proposals will be evaluated utilizing the following criteria.

3-3.1 Program Content (25%)

The Program Content evaluation will review the Offerer’s response to RFP Section 2-4.12.

3-3.2 System Requirements (20%)

The System Requirements evaluation will review the Offerer’s response to RFP Sections 2-6.9.2 and 2-6.10.2.

3-3.3 System Installation and Uninstallation (25%)

The System Installation and Uninstallation evaluation will review the Offerer’s response to RFP Sections 2-7.7, 2-7.8, and 2-7.12.

3-3.4 Support and Maintenance (5%)

The Support and Maintenance evaluation will review the Offerer’s response to RFP Section 2-8.2.28.2.

3-3.5 Contractor Experience (25%)

The Contractor Experience evaluation will review the Offerer’s response to RFP Sections 2-10.1.2 and 2-10.2.2.

3-4 VENDOR RESPONSIBILITY DETERMINATION

Prior to awarding a contract, DMV must evaluate information provided in the Vendor Responsibility Questionnaire which must be completed by each offerer. Offerers are invited to file the required Vendor Responsibility Questionnaire online, via the New York State VendRep System. Offerers may elect to submit a completed hard-copy questionnaire, in lieu of using this electronic format.

To enroll in and use the New York State VendRep System, offerers should refer to the VendRep System Instructions available at www.osc.state.ny.us/vendrep, or they may access the VendRep System online, at https://portal.osc.state.ny.us. For assistance using the VendRep System, offerers may contact the OSC Help Desk at 866-370-4672 or 518-408-4672, or by email at [email protected]. Offerers electing to file a hard-copy questionnaire can obtain the questionnaire form at the VendRep website (www.osc.state.ny.us/vendrep), or they may contact DMV or the Office of the State Comptroller to obtain a copy.

DMV reserves the right to verify all information provided by the offerer to whom an award of contract is made. DMV reserves the right to disqualify an Offerer/Contractor as “non-responsible”, in the event that the Bidder/Contractor has intentionally provided false or incomplete information, or has intentionally failed to disclose pertinent information. DMV


reserves the right to make continuing responsibility determinations at any time during the term of the Contract.

3-5 CONTRACT NEGOTIATION AND EXECUTION

The Offerer selected for this project must promptly enter into contract negotiations with DMV to finalize outstanding terms and conditions of the Contract to DMV’s satisfaction. DMV reserves the right to disqualify the Offerer and to negotiate a contract with the second highest scoring Offerer, if contract negotiations are not concluded to DMV’s satisfaction within thirty (30) calendar days from the date of the tentative award of the Contract to the successful Offerer.


4 TERMS AND CONDITIONS

4-1 TITLE TO SOFTWARE

Contractor warrants and represents that it is the sole owner of any and all software, or, if not the owner, that Contractor possesses the legal authority to license the use of such software to DMV for the purpose of the Contract; and that the use of such software in accordance with the terms of the Contract will not violate or infringe upon the intellectual property rights of another.

4-2 TELEPHONE AND EMAIL ACCESSIBILITY

The Contractor shall have an individual reachable by email and by business telephone and/or business cell phone from 8:30 AM until 4:30 PM, Monday through Friday, exclusive of New York State holidays, throughout the term of the Contract. In the event that the Department contacts the Contractor to report a problem, the Contractor must provide a responsible individual who is authorized by the Contractor to return the call or email and take any action required to respond to the problem. Contractor must respond to the Department’s call or email during the DMV office’s regular business hours, and no later than the close of business on the first business day following DMV’s call.

4-3 EMPLOYEES OF THE CONTRACTOR

The Contractor must certify that its employees performing services under the Contract are employable in accordance with all applicable New York State and federal laws. In the event that the Contractor fails to so comply at any time during the term of the Contract, the Department reserves the right to immediately terminate the Contract without incurring any liability for breach thereof.

Contractor agrees, during the term of the Contract to maintain at Contractor’s expense, all necessary insurance for its employees, including but not limited to, worker’s compensation, disability and unemployment insurance and to provide the State with certification of such insurance upon request. The Contractor will be responsible for all applicable Federal, State and local taxes and all FICA contributions.

It is understood and agreed that the legal status of the employees is that of an employee of Contractor and in no manner will they be deemed employees of the State of New York and, therefore, are not entitled to any of the benefits associated with such employment.

4-4 POST STATE-EMPLOYMENT RESTRICTIONS

Contractors, consultants, vendors, and subcontractors may hire former DMV employees. However, as a general rule and in accordance with New York Public Officers Law, former employees of the DMV may neither appear nor practice before the DMV, nor receive compensation for services rendered on a matter before the DMV, for a period of two years following their separation from DMV service. In addition, former DMV employees are subject to


a “lifetime bar” from appearing before the DMV or receiving compensation for services regarding any transaction in which they personally participated or which was under their active consideration during their tenure with the DMV.

Contractor acknowledges that s/he will comply with the employment restrictions applicable to former employees of the State of New York, as provided in Public Officer’s Law (POL) §73(8).

POL § 73(8) (i) & (ii) provide in pertinent part, as follows:(i) Two-year bar - Former State employees may not, within a period of two years after

leaving State service, appear or practice before their former agency or receive compensation for any services rendered in relation to any case, proceeding, application or other matter before their former agency.

(ii) Lifetime bar - Former State employees may not appear, practice, communicate or otherwise render services before any State agency, or receive compensation for such services in relation to any case, proceeding, application or transaction with which they were directly concerned and in which they personally participated while in public service, or which was under their active consideration.

4-5 INDEPENDENT CONTRACTOR

It is understood and agreed that the legal status of the Contractor, its agents, officers and employees under the Contract shall be that of an independent Contractor, and in no manner shall they be deemed employees of the DMV or State of New York, and therefore are not entitled to any of the benefits associated with such employment. The Contractor agrees, during the term of the Contract, to maintain at Contractor’s expense those benefits to which its employees would otherwise be entitled by law, including health benefits, and all necessary insurance for its employees, including worker’s compensation, disability and unemployment insurance, and to provide the DMV or OSC with certification of such insurance upon request. The Contractor remains responsible for all applicable federal, state and local taxes, and all FICA contributions.

4-6 SUBCONTRACTING

The CONTRACTOR agrees not to subcontract any of its services, unless as indicated in its proposal, without the prior written approval of the DMV. Approval shall not be unreasonably withheld upon receipt of written request to subcontract. The CONTRACTOR may arrange for a portion/s of its responsibilities under this AGREEMENT to be subcontracted to qualified, responsible subcontractors, subject to approval of the DMV. If the CONTRACTOR determines to subcontract a portion of the services, the subcontractors must be clearly identified and the nature and extent of its involvement in and/or proposed performance under this AGREEMENT must be fully explained by the CONTRACTOR to the DMV. As part of this explanation, the subcontractor must submit to the DMV a completed Vendor Assurance of No Conflict of Interest or DetrimentalEffect form, as required by the CONTRACTOR prior to execution of this AGREEMENT.

The CONTRACTOR retains ultimate responsibility for all services performed under the AGREEMENT.


All subcontracts shall be in writing and shall contain provisions, which are functionally identical to, and consistent with, the provisions of this AGREEMENT including, but not limited to, the body of this AGREEMENT, Appendix A – Standard Clauses for New York State Contracts and the Solicitation Document. Unless waived in writing by the DMV, all subcontracts between the CONTRACTOR and subcontractors shall expressly name the STATE, through the DMV, as the sole intended third party beneficiary of such subcontract. The DMV reserves the right to review and approve or reject any subcontract, as well as any amendment to said subcontract(s), and this right shall not make the DMV or the STATE a party to any subcontract or create any right, claim,or interest in the subcontractor or proposed subcontractor against the DMV. The DMV reserves the right, at any time during the term of the AGREEMENT, to verify that the written subcontract between the CONTRACTOR and subcontractors is in compliance with all of the provisions of this Section and any subcontract provisions contained in this AGREEMENT. The CONTRACTOR shall give the DMV immediate notice in writing of the initiation of any legal action or suit which relates in any way to a subcontract with a subcontractor or which may affect the performance of the CONTRACTOR’s duties under the AGREEMENT. Any subcontract shall not relieve the CONTRACTOR in any way of any responsibility, duty and/or obligation of the AGREEMENT.

4-7 ETHICS REQUIREMENTS

The Contractor and its Subcontractors shall not engage any person who is, or has been at any time, in the employ of the State to perform services in violation of the provisions of the New York Public Officers Law, other laws applicable to the service of State employees, and the rules, regulations, opinions, guidelines or policies promulgated or issued by the New York State Joint Commission on Public Ethics, or its predecessors (collectively, the “Ethics Requirements”). The Contractor certifies that all of its employees and those of its Subcontractors who are former employees of the State and who are assigned to perform services under this Contract shall be assigned in accordance with all Ethics Requirements. During the Term, no person who is employed by the Contractor or its Subcontractors and who is disqualified from providing services under this Contract pursuant to any Ethics Requirements may share in any net revenues of the Contractor or its Subcontractors derived from this Contract. The Contractor shall identify and provide the State with notice of those employees of the Contractor and its Subcontractors who are former employees of the State that will be assigned to perform services under this Contract, and make sure that such employees comply with all applicable laws and prohibitions. The State may request that the Contractor provide it with whatever information the State deems appropriate about each such person’s engagement, work cooperatively with the State to solicit advice from the New York State Joint Commission on Public Ethics, and, if deemed appropriate by the State, instruct any such person to seek the opinion of the New York State Joint Commission on Public Ethics. The State shall have the right to withdraw or withhold approval of any Subcontractor if utilizing such Subcontractor for any work performed hereunder would be in conflict with any of the Ethics Requirements. The State shall have the right to terminate this Contract at any time if any work performed hereunder is in conflict with any of the Ethics Requirements.


4-8 CONFLICT OF INTEREST

A. CONTRACTOR has provided a form (see, Appendix-C-6 hereof, “Vendor Assurance of No Conflict of Interest or Detrimental Effect”), signed by an authorized executive or legal representative attesting that the CONTRACTOR’s performance of the services does not and will not create a conflict of interest with, nor position the CONTRACTOR to breach any other contract currently in force with the State of New York, that the CONTRACTOR will not act in any manner that is detrimental to any STATE project on which the CONTRACTOR is rendering services.

B. CONTRACTOR hereby reaffirms the attestations made in its proposal and covenants and represents that there is and shall be no actual or potential conflict of interest that could prevent the CONTRACTOR's satisfactory or ethical performance of duties required to be performed pursuant to the terms of this AGREEMENT. CONTRACTOR shall have a duty to notify the DMV immediately of any actual or potential conflicts of interest.

C. In conjunction with any subcontract under this AGREEMENT, CONTRACTOR shall obtain and deliver to the DMV, prior to entering into a subcontract, a “Vendor Assurance of No Conflict of Interest or Detrimental Effect” form (see, Appendix C-6 hereof), signed by an authorized executive or legal representative of the subcontractor. CONTRACTOR shall also require in any subcontracting agreement that the subcontractor, in conjunction with any further subcontracting agreement, obtain and deliver to the DMV a signed and completed “Vendor Assurance of No Conflict of Interest or Detrimental Effect” form for each of its subcontractors prior to entering into a subcontract.

D. DMV and the CONTRACTOR recognize that conflicts may occur in the future because the CONTRACTOR may have existing, or establish new, relationships. DMV will review the nature of any relationships and reserves the right to terminate this AGREEMENT for any reason, or for cause, if, in the judgment of the DMV, a real or potential conflict of interest cannot be cured.

4-9 CONTRACT AMENDMENT

The Contract may only be amended by mutual written consent of the Department of Motor Vehicles and the Contractor, and subject to approval and execution by the Office of the State Comptroller (OSC).

4-10 CONTRACTOR INDEMNIFICATION AND LIABILITY

Contractor’s obligation of indemnification and holding harmless specified hereunder shall survive the expiration of the Contract by termination or otherwise. Contractor shall remain primarily liable for the actions of its employees, officers, agents and subcontractors in the performance of the services hereunder.

A. Personal Injury, Property Damage, Wrongful Death, Violation of Intellectual Property Rights:


Contractor shall indemnify, keep and hold harmless the State of New York, its agents, officials and employees, from any and all claims for injury or damage to person or property, deaths, losses, damages, suits arising out of the service to be performed under the Contract, including negligence, active or passive, or wrongful or improper conduct of the Contractor, its officers, employees, agents, or sub-contractors, including infringement of any third-party’s patents or copyrights. Contractor shall remain liable, without monetary limitation, for direct, actual damages for personal injury, death or damage to real property or tangible personal property, and intellectual property attributable to the negligence or other tort of Contractor, its officers, employees or agents. The Contractor will also indemnify and hold the DMV harmless from and against any and all damages, expenses (including reasonable attorneys’ fees), claims, judgments, liabilities and costs that may be finally assessed against the DMV in any action for infringement of a United States Letter Patent, or of any copyright, trademark, trade secret or other third party proprietary right except to the extent such claims arise from the DMV’s gross negligence, provided that the State shall give Contractor: (i) prompt written notice of any action, claim or threat of infringement suit, or other suit, (ii) the opportunity to take over, settle or defend such action, claim or suit at Contractor’s sole expense, and (iii) assistance in the defense of any such action at the expense of Contractor.

If usage shall be enjoined for any reason or if Contractor believes that it may be enjoined, Contractor shall have the right, at its own expense and sole discretion to take action in the following order of precedence: (i) to procure for the DMV the right to continue Usage (ii) to modify the service or Product so that Usage becomes non-infringing, and is of at least equal quality and performance; or (iii) to replace said service or Product or part(s) thereof, as applicable, with non-infringing service or Product of at least equal quality and performance. If the above remedies are not available, the parties shall terminate the Contract, in whole or in part as necessary and applicable, provided the DMV is given a refund for any amounts paid for the period during which Usage was not feasible.

The acceptance or approval by the Department of any order or procedure, method, structure or equipment submitted or employed by Contractor shall not in any manner relieve Contractor of any liability pertaining Contractor’s negligence in performing such order or procedure, method, structure or providing equipment; provided, however, that if Contractor acts in strict accordance with a specific requirement, specification, instruction, order, mandate (or the like) from the Department, with respect thereto Contractor shall not have an indemnification obligation hereunder.

B. Driver’s Privacy Protection Act & New York State Information Security Breach and Notification Act: By signing the Contract, the Contractor acknowledges that all DMV records containing personal information, as well as DMV-related processing information, is confidential and is the property of the Department and the State of New York, and should such information be used improperly, or become compromised the Contractor may be held liable for violating the federal Driver’s Privacy Protection Act of 1994 (DPPA) (18 U.S.C. §2721, et seq.), and the New York State Information Security Breach and Notification Act (ISBNA) (General Business Law, §899-aa; State Technology Law, §208), and may be required to indemnify DMV for any such violation.


Contractor must report suspected or confirmed violations of the DPPA or ISBNA to DMV’s Risk Management Office via email at: [email protected].

(1) DPPA . A person who knowingly violates the DPPA shall be subject to criminal fines and liability for civil remedies. Contractor shall indemnify and hold harmless New York State, its employees and agents, from and against any claims, demands, loss, damage or expense related solely to a knowing violation of the DPPA committed by Contractor, its employees, officers, agents or sub-contractors. Contractor shall indemnify the Department and the State of New York even if Contractor did not have knowledge of such violation of the DPPA by its officers, employees, agents, or sub-contractors at the time such violation occurred.

(2) ISBNA . Contractor shall be responsible for complying with the provisions of the ISBNA with respect to any private information (as defined in the ISBNA) received by Contractor its officers, employees, agents, or sub-contractors. In the event of a breach of security, Contractor shall immediately commence an investigation, in cooperation with DMV, to determine the scope of the breach, and Contractor shall assist DMV in restoring the security of the related system in order to prevent any further breaches. Contractor shall notify DMV of any breach of security immediately following discovery of such breach.

Under the ISBNA, DMV is required to notify any individuals whose records have been accessed for unauthorized purposes from a system maintained by DMV.

In furtherance of the investigation of any breach of the ISBNA, the Contractor must receive written authorization from DMV prior to providing notice of such breach to any other entity. Contractor shall be responsible for all costs associated with providing notices required under the ISBNA. The Contract shall not impair the authority of the New York State Office of the Attorney General (OAG) to bring an action against Contractor to enforce the provisions of the ISBNA, or limit Contractor’s liability for any violations of the ISBNA. Additional information concerning the ISBNA and the notification process is available at: https://its.ny.gov/eiso/breach-notification .

4-11 SAVINGS/FORCE MAJEURE

A force majeure occurrence is an event or effect that cannot be reasonably anticipated or controlled. Force majeure includes, but is not limited to, acts of nature, acts of war, acts of public enemies, strikes, fires, explosions, actions of the elements, floods, or other similar causes beyond the control of the Contractor or the DMV in the performance of the Contract which non-performance, by exercise of reasonable diligence, cannot be prevented. Contractor shall provide the Commissioner with written notice of any force majeure occurrence as soon as the delay is known.

Neither the Contractor nor the DMV shall be liable to the other for any delay in or failure of performance under the Contract due to a force majeure occurrence. Any such delay in or failure of performance shall not constitute default or give rise to any liability for damages. The existence of such causes of such delay or failure shall extend the period for performance to such


https://its.ny.gov/eiso/breach-notification

mailto:[email protected]

extent as determined by the Contractor and the Commissioner to be necessary to enable complete performance by the Contractor if reasonable diligence is exercised after the cause of delay or failure has been removed.

Notwithstanding the above, at the discretion of the Commissioner where the delay or failure will significantly impair the value of the Contract to the State, the Commissioner may:

a. Accept allocated performance or deliveries from the Contractor. The Contractor, however, hereby agrees to grant preferential treatment to DMV with respect to Product subjected to allocation; and/or

b. Purchase from other sources (without recourse to and by the Contractor for the costs and expenses thereof) to replace all or part of the Products which are the subject of the delay, which purchases may be deducted from the Contract quantities without penalty or liability to the State; or

c. Terminate the Contract or the portion thereof which is subject to delays, and thereby discharge any unexecuted portion of the Contract or the relative part thereof.

In addition, the Commissioner reserves the right, in his/her sole discretion, to make an equitable adjustment in the Contract terms and/or pricing should extreme and unforeseen volatility in the marketplace affect pricing or the availability of supply. "Extreme and unforeseen volatility in the marketplace" is defined as market circumstances which meet the following criteria: (i) the volatility is due to causes outside the control of Contractor; (ii) the volatility affects the marketplace or industry, not just the particular Contract source of supply; (iii) the effect on pricing or availability of supply is substantial; and (iv) the volatility so affects Contractor's performance that continued performance of the Contract would result in a substantial loss.

4-12 SEVERABILITY

Should any one or more terms of the Contract be determined by a court of competent jurisdiction to be illegal or unenforceable, then such term(s) shall be conformed as required to so comply. If the term(s) is of such a nature that it cannot be amended without altering the purpose or nature of the Contract, then such term(s) shall be deleted from the Contract as if never included therein, and the remaining terms of the Contract shall remain in full force and effect, unless the deletion of the term(s) renders the Contract unenforceable or frustrates the purpose or intent of the Contract. In which case, the Contract shall be terminable by mutual consent of the Parties. If an ambiguity or question of intent arises, this Agreement will be construed as if drafted jointly by the Parties and no presumption or burden of proof will arise favoring or disfavoring either Party by virtue of authorship of any of the provisions of this Agreement.

4-13 RIGHT TO AUDIT

The Contractor shall maintain accurate records and accounts of services performed under the Contract and, as required by the Office of the State Comptroller or by the Department, shall furnish or make available such records. Contractor shall keep such records for at least six (6) years subsequent to date of final payment. The Parties acknowledge and consent to the extension


of this record retention obligation, which exceeds the minimum standard set forth in Appendix-A hereof.

DMV must be provided access to all media and materials in the Contractor’s possession, during regular business hours, generally 9:00 a.m. to 5:00 p.m., Mondays through Fridays, excepting State holidays.

4-14 TERMINATION

a. For Cause: The Commissioner may terminate the Contract, upon written notice to the Contractor, in the event that any material breach thereof remains uncured for more than thirty (30) days, or any other period specified by DMV. Such termination for cause shall be at the Contractor’s expense in the event that the Contractor is incapable of performing its contractual obligations or meeting any requirements or qualifications set forth in the Contract, or for non-performance, or upon a determination that the Contractor is non-responsible or non-responsive. Such termination shall be upon written notice to the Contractor. In such event, the Commissioner may complete the contractual requirements in any manner it deems advisable, and DMV may avail itself of all remedies provided by law.

b. For Convenience: The Contract may be terminated by DMV for convenience, at any time, upon thirty (30) days written notice (or other period specified) to the Contractor, without incurring any liability for breach of contract, or liability for payment of any charges beyond payment for conforming goods and/or services accepted by DMV up to and including the date of termination. Contractor shall use due diligence, and shall provide any outstanding deliverables up to the date in which such termination shall be effective.

c. For Violation of the Sections 139-j and 139-k of the State Finance Law: The Commissioner reserves the right to terminate the Contract in the event it is found that the certification filed by the Contractor in accordance with Section 139-k of the State Finance Law was intentionally false or intentionally incomplete. Upon such finding, the Commissioner may exercise its termination right by providing written notification to the Contractor in accordance with the written notification terms of the Contract.

d. Termination without prior Notice in the Event of a Security Breach: Notwithstanding the foregoing, DMV reserves the right to immediately terminate this Contract in the best interests of the State, without providing prior notice of termination to Contractor, in the event the Commissioner determines that a breach of security occurred or that a breach is imminent. In such event, DMV shall provide Contractor with written notice of cancellation within a reasonable time. However, termination of this Agreement will not affect Recipient’s liability for breach of the terms hereof.

4-15 VENDOR RESPONSIBILITY

The Contractor shall at all times during the Contract term remain responsible. The Contractor agrees, if requested by the Commissioner or his or her designee, to present evidence of its


continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity.

Suspension of Work (for Non-Responsibility): The Commissioner or his or her designee, in his or her sole discretion, reserves the right to suspend any or all activities under this Contract, at any time, when he or she discovers information that calls into question the responsibility of the Contractor. In the event of such suspension, the Contractor will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Contractor must comply with the terms of the suspension order. Contract activity may resume at such time as Commissioner or his or her designee issues a written notice authorizing the resumption of performance under the Contract.

Termination (for Non-Responsibility): Upon written notice to the Contractor, and a reasonable opportunity to be heard with appropriate DMV officials or staff, the Contract may be terminated by Commissioner or his or her designee at the Contractor’s expense where the Contractor is determined by Commissioner or his or her designee to be non-responsible. In such event, Commissioner or his or her designee may complete the contractual requirements in any manner he or she may deem advisable and pursue available legal or equitable remedies for breach.

4-16 COMPLIANCE WITH LAWS

In performing its obligations under the Contract, the Contractor shall comply with all applicable federal, state, and local statutes, ordinances, regulations, and rules, including, but not limited to, NYS printing law, laws regulating the terms and conditions of employment, building and fire codes, zoning laws, privacy, public building requirements for use by the handicapped, and occupational safety and health rules.

4-17 INSURANCE

Contractor must, at the Contractor’s expense, maintain in full effect any policy of insurance required hereunder for the term of the Contract and any extensions thereof. Contractor’s failure to maintain required insurance, or failure to provide DMV with satisfactory evidence thereof at any time during the term of the Contract or any extension thereof, shall constitute a material breach of contract for which DMV shall have the option to terminate the Contract without incurring any liability for breach thereof.

The Contractor must provide the Department with evidence of such continuing insurance coverage, as follows:

1. The Department of Motor Vehicles and the State of New York must be named as additional insureds on policies providing General Liability coverage.

2. All policies of insurance required hereunder must be issued by an insurance carrier licensed to do business in New York State.

3. Contractor must provide DMV with copies of certificates of insurance as evidence of insurance. However, DMV reserves the right and sole discretion to require further proof of insurance at any time during the term of the contract. In such event, Contractor must


cooperate with such request and must promptly provide DMV with such other proof of insurance within five (5) business days from Contractor’s receipt of DMV’s request.

In contemplation of such request, Contractor hereby authorizes the insurance carrier named in the certificate of insurance issued hereunder to issue a copy of the Policy, or such other proof as DMV may require, directly to DMV upon request.

4. Contractor must provide such evidence of insurance upon notice and acceptance of the award of the Contract. Contractor is responsible for providing continuing proof of such insurance coverage, within ten (10) business days from the renewal of each policy.

5. In the event of any change, lapse, or termination of coverage, including change of insurance carrier, during the term of the Contract, Contractor must provide DMV with proof of coverage acceptable to DMV within five (5) business days from the effective date of any such change.

6. Contractor must ensure that insurance carriers issuing policies of insurance required hereunder directly notify DMV of any change, lapse, or termination of coverage.

7. Proof of insurance coverage must be provided to DMV at:

NYS Department of Motor VehiclesAttn: Elizabeth Coalts, Director of Procurement6 Empire State PlazaSwan Street Bldg., Room 224Albany, New York 12228

8. Contractor must provide the following insurance coverage:

Commercial General Liability:Commercial General Liability Insurance, (CGL) covering the liability of the Contractor for bodily injury, property damage, and personal/advertising injury arising from all work and operations under this contract, using form CG 00 01 12 07 or a policy providing equivalent coverage. The limits under such policy shall not be less than the following:

1. Each Occurrence Limit: $1,000,0002. General Aggregate: $2,000,0003. Products/Completed Operations: $2,000,0004. Personal Advertising Injury: $1,000,0005. Damage to Rented Premises: $50,0006. Medical Expense: $5,000

4-18 PRESS RELEASES

Contractor agrees that no brochure, news/media/press release, public announcement, memorandum or other information of any kind regarding this contract shall be disseminated in any way to the public, nor shall any presentation be given regarding this contract without the prior written approval by the Commissioner, which written approval shall be granted only in the sole discretion of the Commissioner. However Contractor may make such disclosures as are


required by applicable law, or, in connection with its financial activities, to financial institutions for any private or public offering.

4-19 CURE & COVER

In the event that that the Contractor’s performance fails to conform to the terms of the Contract, the Department will provide Contractor with reasonable notice of such non-conformance, and will permit Contractor to cure such defective performance within the time prescribed in the Contract, or within any extension of such time which is expressly granted by DMV in its sole discretion. If Contractor fails to timely cure its defective performance, then the Department shall have the option to terminate the contract for Contractor’s breach; and DMV reserves the right to thereafter obtain substitute performance (cover) from another vendor. In such event, Contractor shall reimburse the Department for any additional costs incurred to obtain substitute performance from another provider.

The Department reserves the right to collect such costs by adjusting invoices, and by any other means available by law.

4-20 STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS

Contractor must comply with all provisions of Appendix-A hereof (“Standard Clauses for New York State Contracts”).

4-21 CONTRACTOR CERTIFICATION

Contractors are required to complete and sign, under penalty of perjury, the “Contractor Certification Form”, ST-220-TD, in accordance with § 5-a of the NYS Tax Law. Contractors must also submit a copy of the Certificate of Authority, if available, for itself, any affiliates, any subcontractors and any affiliates of subcontractors required to register to collect state sales and compensating use tax.

Pursuant to Tax Law Section 5-a, Contractors are required to complete and sign, under penalty of perjury, the Contractor Certification Form ST-220-CA at time of contract execution.

Tax Law Section 5-a applies to all Agreements valued in excess of $100,000 for the sale of goods or services as defined in Article XI of the State Finance Law, and/or tangible personal property or taxable services as defined by the Tax Law.

The Department of Motor Vehicles is not authorized to address questions regarding the Tax Law or its interpretation. Any questions regarding the Law must be directed to the New York State Department of Taxation and Finance.

A COMPLETED ST-220-CA MUST ACCOMPANY THE CONTRACT. IF REQUIRED, THE CONTRACTOR IS RESPONSIBLE FOR FILING THE ST-220-TD WITH THE NYS DEPARTMENT OF TAXATION & FINANCE.


4-22 USE OF DMV LOGOS

The Contractor will not use the DMV logos, or any official mark of NYS without prior approval by DMV; and DMV reserves the right and sole discretion to withhold its approval. In the event DMV does approve such use, then any use of the logos or official marks must strictly comply with the terms and conditions of use mandated by DMV.

4-23 CHOICE OF FORUM

All controversies concerning the Contract must be resolved by a court of competent jurisdiction in New York State.

4-24 CHOICE OF LAW

Without regard to any conflicts of law principles, the Contract and all controversies concerning the Contract shall be governed by the laws of the State of New York, except where the Federal supremacy clause requires otherwise.

4-25 THIRD PARTY CLAIMS

No person, other than the parties to the Contract, has any right to assert a claim or seek a remedy hereunder.

4-26 CHOICE OF FORUM

All controversies concerning the Contract must be resolved by a court of competent jurisdiction in New York State.


APPENDIX-A: STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS

(January 2014)

TABLE OF CONTENTS

1. Executory Clause2. Non-Assignment Clause3. Comptroller’s Approval4. Workers’ Compensation Benefits5. Non-Discrimination Requirements6. Wage and Hours Provisions7. Non-Collusive Bidding Certification8. International Boycott Prohibition9. Set-Off Rights10. Records11. Identifying Information and Privacy Notification12. Equal Employment Opportunities for Minorities and Women13. Conflicting Terms14. Governing Law15. Late Payment16. No Arbitration17. Service of Process18. Prohibition on Purchase of Tropical Hardwoods19. MacBride Fair Employment Principles20. Omnibus Procurement Act of 199221. Reciprocity and Sanctions Provisions22. Compliance with New York State Information Security Breach and Notification Act23. Compliance with Consultant Disclosure Law24. Procurement Lobbying25. Certification of Registration to Collect Sales and Compensating Use Tax by Certain

State Contractors, Affiliates and Subcontractors26. Iran Divestment Act

STANDARD CLAUSES FOR NYS CONTRACTS

The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party):

1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract.

2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the State’s previous written consent, and attempts to do so are null and void. Notwithstanding the foregoing, such prior written consent of an assignment of a contract let pursuant to Article XI of the State Finance Law may be waived at the discretion of the


contracting agency and with the concurrence of the State Comptroller where the original contract was subject to the State Comptroller’s approval, where the assignment is due to a reorganization, merger or consolidation of the Contractor’s business entity or enterprise. The State retains its right to approve an assignment and to require that any Contractor demonstrate its responsibility to do business with the State. The Contractor may, however, assign its right to receive payments without the State’s prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law.

3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $50,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $10,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. Comptroller's approval of contracts let by the Office of General Services is required when such contracts exceed $85,000 (State Finance Law Section 163.6-a). However, such pre-approval shall not be required for any contract established as a centralized contract through the Office of General Services or for a purchase order or other transaction issued under such centralized contract.

4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law.

5. NON-DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex (including gender identity or expression), national origin, sexual orientation, military status, age, disability, predisposing genetic characteristics, marital status or domestic violence victim status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation.

6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in


prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. Additionally, effective April 28, 2008, if this is a public work contract covered by Article 8 of the Labor Law, the Contractor understands and agrees that the filing of payrolls in a manner consistent with Subdivision 3-a of Section 220 of the Labor Law shall be a condition precedent to payment by the State of any State approved sums due and owing for work done upon the project.

7. NON-COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139-d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non- collusive bidding certification on Contractor's behalf.

8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2NYCRR 105.4).

9. SET-OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller.

10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, "the Records"). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute") provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said


records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation.

11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION. (a) Identification Number(s). Every invoice or New York State Claim for Payment submitted to a New York State agency by a payee, for payment for the sale of goods or services or for transactions (e.g., leases, easements, licenses, etc.) related to real or personal property must include the payee's identification number. The number is any or all of the following: (i) the payee’s Federal employer identification number, (ii) the payee’s Federal social security number, and/or (iii) the payee’s Vendor Identification Number assigned by the Statewide Financial System. Failure to include such number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or Claim for Payment, must give the reason or reasons why the payee does not have such number or numbers. (b) Privacy Notification. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in the Statewide Financial System by the Vendor Management Unit within the Bureau of State Expenditures, Office of the State Comptroller, 110 State Street, Albany, New York 12236.

12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In accordance with Section 312 of the Executive Law and 5 NYCRR 143, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00 whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then the following shall apply and by signing this agreement the Contractor certifies and affirms that it is Contractor’s equal employment opportunity policy that:

(a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on State contracts and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation;

(b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or


representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor's obligations herein; and

(c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status.

Contractor will include the provisions of "a", "b", and "c" above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this section. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Department of Economic Development’s Division of Minority and Women's Business Development pertaining hereto.

13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control.

14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise.

15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article 11-A of the State Finance Law to the extent required by law.

16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York.

17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond.

18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS. The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of Section 165 of the State Finance Law, (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation. Qualification for


an exemption under this law will be the responsibility of the contractor to establish to meet with the approval of the State.

In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in §165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State.

19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles.

20. OMNIBUS PROCUREMENT ACT OF 1992. It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts.Information on the availability of New York State subcontractors and suppliers is available from:

NYS Department of Economic DevelopmentDivision for Small BusinessAlbany, New York 12245Telephone: 518-292-5100Fax: 518-292-5884 Email: [email protected]

A directory of certified minority and women-owned business enterprises is available from:

NYS Department of Economic DevelopmentDivision of Minority and Women's Business Development633 Third AvenueNew York, NY 10017212-803-2414Email: [email protected]://ny.newnycontracts.com/FrontEnd/VendorSearchPublic.asp

The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than $1 million:

(a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women-owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State;

(b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92-261), as amended;


(c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and

(d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts.

21. RECIPROCITY AND SANCTIONS PROVISIONS. Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively) require that they be denied contracts which they would otherwise obtain. NOTE: As of May 15, 2002, the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii. Contact NYS Department of Economic Development for a current list of jurisdictions subject to this provision.

22. COMPLIANCE WITH NEW YORK STATE INFORMATION SECURITY BREACH AND NOTIFICATION ACT. Contractor shall comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law Section 899-aa; State Technology Law Section 208).

23. COMPLIANCE WITH CONSULTANT DISCLOSURE LAW. If this is a contract for consulting services, defined for purposes of this requirement to include analysis, evaluation, research, training, data processing, computer programming, engineering, environmental, health, and mental health services, accounting, auditing, paralegal, legal or similar services, then, in accordance with Section 163 (4-g) of the State Finance Law (as amended by Chapter 10 of the Laws of 2006), the Contractor shall timely, accurately and properly comply with the requirement to submit an annual employment report for the contract to the agency that awarded the contract, the Department of Civil Service and the State Comptroller.

24. PROCUREMENT LOBBYING. To the extent this agreement is a "procurement contract" as defined byState Finance Law Sections 139-j and 139-k, by signing this agreement the contractor certifies and affirms that all disclosures made in accordance with State Finance Law Sections 139-j and 139-k are complete, true and accurate. In the event such certification is found to be intentionally false or intentionally incomplete, the State may terminate the agreement by providing written notification to the Contractor in accordance with the terms of the agreement.

25. CERTIFICATION OF REGISTRATION TO COLLECT SALES AND COMPENSATING USE TAX BY CERTAIN STATE CONTRACTORS, AFFILIATES AND SUBCONTRACTORS. To the extent this agreement is a contract as defined by Tax Law Section 5-a, if the contractor fails to make the certification required by Tax Law Section 5-a or if during the term of the contract, the Department of Taxation and Finance or the covered agency, as defined by Tax Law 5-a, discovers that the certification, made under penalty of perjury, is false, then such failure to file or false certification shall be a material breach of this contract and this contract may be terminated, by providing written notification to


the Contractor in accordance with the terms of the agreement, if the covered agency determines that such action is in the best interest of the State.

26. IRAN DIVESTMENT ACT. By entering into this Agreement, Contractor certifies in accordance with State Finance Law §165-a that it is not on the “Entities Determined to be Non-Responsive Bidders/Offerers pursuant to the New York State Iran Divestment Act of 2012” (“Prohibited Entities List”) posted at: http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf

Contractor further certifies that it will not utilize on this Contract any subcontractor that is identified on the Prohibited Entities List. Contractor agrees that should it seek to renew or extend this Contract, it must provide the same certification at the time the Contract is renewed or extended. Contractor also agrees that any proposed Assignee of this Contract will be required to certify that it is not on the Prohibited Entities List before the contract assignment will be approved by the State.During the term of the Contract, should the state agency receive information that a person (as defined in State Finance Law §165-a) is in violation of the above-referenced certifications, the state agency will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then the state agency shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Contractor in default.The state agency reserves the right to reject any bid, request for assignment, renewal or extension for an entity that appears on the Prohibited Entities List prior to the award, assignment, renewal or extension of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the Prohibited Entities list after contract award.


APPENDIX-B: PROPOSAL SUBMISSION CHECKLIST – RFP #C000866

Submit the following completed items with your sealed proposal in the order listed:

Offerer Name: ______________________________________________________

No. Item Included? (circle one)

No. of hard copies Notes

1 Proposal Submission Checklist (Appendix-B) Yes No 1

2 Introductory Cover Letter Yes No 5 See Section 3-2.1.

3 Technical Proposal Yes No5 paper

copies, 1 CD or DVD

See Section 3-2.2.

4 Sample Program Content Yes No 5 CDs or DVDs See Section 2-4.12.

5Affirmation and Disclosures Concerning State Finance Law §§139-j and 139-k (Appendix-C-2)

Yes No 1 Must be signed.

6

Non-Discrimination in Employment in Northern Ireland “MacBride Fair Employment Principles” (Appendix-C-3)

Yes No 1 Must be signed.

7 139-d Statement of Non-Collusion in Bids to the State (Appendix-C-5) Yes No 1 Must be signed.

8Vendor Assurance of No Conflict of Interest or Detrimental Effect (Appendix-C-6)

Yes No 1 Must be notarized.

9Compliance or Non-Applicability to §5-A of the NYS Tax Law (Appendix-C-7)

Yes No 1 Must be notarized.

10 ST-220-CA: Contractor Certification to Covered Agency Yes No 1

Must be notarized.

Available at: https://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf

11ST-220-CA: Contractor Certification to Covered Agency for Each Proposed Subcontractor

Yes No 1

Must be notarized.

Available at: https://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf


No. Item Included? (circle one)

No. of hard copies Notes

12 Vendor Responsibility Questionnaires

Yes No

If No: Has this been

submitted online?

Yes No

Date of last online

submission:_______

1 (unless submitting

online)See Section 3-4.

13Vendor Responsibility Questionnaires for Each Proposed Subcontractor (if not submitted online)

Yes No

If No: Has this been

submitted online?

Yes No

Date of last online

submission:_______

1 (unless submitting

online)See Section 3-2.1.

14 Acceptance of Terms and Conditions (Appendix-C-7) Yes No 1 See Section 3-3.

15 Financial Information Yes No 1 See Section 3-2.4.

16

Business Experience and Reference Forms (Appendix-D) to document meeting the Mandatory and Scored requirements of Section 2-10

Yes No 1 See Section 2-10


APPENDIX-C-1: DMV’S POLICY AND PROCEDURES CONCERNING COMPLIANCE WITH “PROCUREMENT LOBBYING LAW” (STATE FINANCE LAW §§139-J AND 139-K)

(Revised March 2012)

I. Policy:1

It is the policy of DMV to comply with the provisions of State Finance Law §§139-j and 139-k, and related guidance offered by the Advisory Council on Procurement Lobbying and the Office of the State Comptroller.2

II. Procedure:3

The procedure set forth hereafter applies to “Governmental Procurements” let by DMV.

III. Definitions:Capitalized terms used but not defined herein shall have the meaning ascribed to them in State Finance Law §§139-j and 139-k.

For the purpose of this procurement, the terms “Contact” and “Designated Contact” are ascribed the following meanings:

“Contact” as used herein is defined as (1) any oral, written or electronic communication that is (2) made by the Bidder, or a person acting on behalf of the Bidder, (3) to an employee of DMV or of a Governmental Agency other than the DMV, (4) concerning the related Governmental Procurement, (5) where such communication is made during the “Restricted Period”; and (6) where a reasonable person would infer that such communication was made by the bidder with the intention of improperly influencing the related Governmental Procurement [e.g., any violation of Public Officers Law §73(5) (offer of a gift of $75 or more), or §74 (code of ethics for public officers and employees)].

The term “Contact” does not include permissible communications such as (1) submission of a written proposal4, (2) submission of written questions5, (3) participation in a bidders’ conference6, (4) complaints7, (5) contract negotiations subsequent to notice of a tentative award of contract8, (6) review of contract award9, and (7) protests, appeals or other review proceedings10; (8) a communication described in Legislative Law §1-t(e) which is (a) made by a bidder or subcontractor to a bidder qualified by education, training or experience to provide technical services to explain, clarify or demonstrate the qualities, characteristics or advantages of an article of procurement, who (b) provides information to a Designated Contact to assist the Designated Contact in understanding and assessing the qualities, characteristics or

1139-j (2) 2 139-j (5)3 139-j (1); 139-k (1)4 139-j (3)(a)(1)5 139-j (3)(a)(2)6 139-j (3)(a)(3)7 139-j (3)(a)(4)8 139-j (3)(a)(5)9 139-j (3)(a)(6)10 139-j (3)(a)(7)


anticipated performance of such article of procurement and (c) who does not recommend or advocate contract provisions11; or a communication by which the bidder seeks generally available information, including clarification and interpretation, with respect to the solicitation documents or the Governmental Procurement process, including the status or timing of steps in the process12.

“Designated Contact” as used herein is defined as one or more employees of DMV identified in the solicitation for the related Governmental Procurement, or thereafter designated by the DMV’s Contract Manager13.

IV. Solicitations:DMV will include the following in every written solicitation for a Procurement Contract14:

(1) The name of each Designated Contact person, and a statement which substantially complies with in the following form: “Prior to approval by DMV, or, if applicable, the Office of the State Comptroller, of the contract for which this solicitation has been issued, bidders must direct all communications concerning this solicitation to the person(s) identified as “Designated Contact(s)”15;

(2) A summary of DMV’s policy and procedures regarding “contacts”;

(3) A form (See, Appendix-C-2) to be submitted by bidders, upon which each bidder affirms in writing (a) its understanding of DMV’s procurement lobbying policy and procedures; and (b) that it will comply with such policy and procedures; and (c) discloses whether it has been determined to be “non-responsible” within the previous four (4) years for violating State Finance Law §139-j16, or for having intentionally provided false or incomplete information17 to a Governmental Entity concerning its compliance with State Finance Law §139-j; and (d) certifies that the bidder has provided accurate and complete information concerning the bidder’s compliance with State Finance Law §§139-j and 139-k within the previous four years18.

V. Contracts:Each Procurement Contract will contain the following statement, substantially in the following form: “DMV reserves the right to terminate this contract in the event that it is determined that the certification filed by the Contractor in accordance with State Finance Law §§139-j and 139-k was intentionally false or intentionally incomplete19. Upon such determination, DMV may terminate this Contract by providing written notification to the Contractor, without incurring liability on the part of DMV or the State for breach of contract.”20

VI. Records of Contacts:21

In the event that DMV employees who are not Designated Contacts are contacted by bidders, or persons acting on the Bidder’s behalf, during the restricted period, the employee will make a record of such Contact

11 139-j (1), (3); 139-k (1)12 139-j (3)13 139-j (1), (2); 139-k (1)14 139-j (2); 139-k (2)15 139-j (6)16 139-k (2)17 Id.18 Id.19 139-j (10(b); 139-k (5)20 Id.21 139-j (8), (10)(b); 139-k (4)


and will provide such record to the DMV’s Contract Administrator. DMV employees who become aware of impermissible contacts made to another Governmental Entity concerning this procurement will also make and provide records of any such contacts to Contract Administration. The DMV employee may make one (1) record covering multiple Contacts that are made by the same person within a period of five (5) business days. DMV will make all records of Contacts part of the procurement record22. Contracts Administration will promptly provide records of impermissible Contacts to DMV’s Office of the Deputy Commissioner and Counsel for review.

VII. Review and Investigation:23

Upon receipt of a record of an impermissible Contact, the Deputy Commissioner and Counsel or her or his designee (“Reviewer”) will review and investigate, within fifteen (15) days from receipt of such information24. The Reviewer will notify the Bidder that an investigation is ongoing; give notice of the allegations of misconduct; and give the Bidder an opportunity to respond in writing, within ten (10) days from receipt of notification of the alleged violation25. The Bidder will not be entitled to representation by counsel. The Reviewer will determine whether the Bidder has willfully and knowingly made an impermissible Contact. The Reviewer will advise the Bidder and the Contracts Manager, or employee authorized for such purpose, of the final determination made26. In the event the Reviewer determines that the Bidder has made an impermissible Contact with a Governmental Entity other than DMV, the Reviewer will so notify the ethics officer27, inspector general or other appropriate official of such other Governmental Entity28. In the event the Reviewer determines that, as the result of an impermissible Contact, an employee of DMV has violated the provisions of Public Officers Law §73(5) [prohibition of acceptance of a gift of $75 or more] or §74 [code of ethics], the Reviewer will so advise the Commissioner of Motor Vehicles, the State Ethics Commission and the Office of the Inspector General29.

VIII. Determinations of Non-Responsibility:30

The Reviewer, or employee authorized for such purpose, will determine whether a bidder has been determined to be “non-responsible” because (1) the Bidder has willfully and knowingly made an impermissible Contact31, or (2) the Bidder has intentionally failed to make accurate and complete disclosure of prior findings of non-responsibility with respect to Governmental Procurements made within the previous four (4) years32. Upon making a determination of non-responsibility, the Contracts Manager, or employee authorized for such purpose, will so notify the Bidder and the Commissioner of Motor Vehicles33. A finding of non-responsibility under this section shall result in DMV not awarding the contract to such bidder, unless DMV determines that (1) the award of the contract is necessary to protect public property or public health or safety, and (2) the bidder is the only source capable of supplying the required article of procurement within the required time frame.

22 Id.23 139-j (9)24 Id.25 139-j (10)(a)26 139-j (10)(a)27 139-j (8)(a), (c)28 139-j (8)( c), (10(b)29 Legislative Law: POL §73(5); §74 (Code of Ethics)30139-j (7) 31 139-j (10)(b)32 139-j (10)(b); 139-k (5)33 139-j (10)(a)


APPENDIX-C-2: AFFIRMATION AND DISCLOSURES CONCERNING STATE FINANCE LAW §§139-J AND 139-K

Procurement Description/ID No. C000866Name of Bidder: Address: Name and Title of Person Submitting this Form: ___________________________

A. Bidder affirms that it has received, reviewed and understands the Policy and Procedure of the Department of Motor Vehicles (DMV), relating to State Finance Law §§139-j and 139-k, and agrees to comply with DMV’s procedure relating to Contacts with respect to this procurement.

B. Disclosures:

1. Has a Governmental Entity, as defined in State Finance Law §139-j(1)(a), made a determination of non-responsibility with respect to the Bidder within the previous four years where such finding was due to a violation of State Finance Law §139-j or the intentional provision of false or incomplete information with respect to previous determinations of non-responsibility?

No ___ Yes___

If yes, provide the following details:Governmental Entity which made the finding:Date of finding:Basis of finding:

2. Has a Governmental Entity terminated or withheld a procurement contract with the Bidder because of violations of State Finance Law §139-j or the intentional provision of false or incomplete information with respect to previous determinations of non-responsibility?

No ___ Yes___

If yes, identify the Governmental Entity, the date of termination or withholding, and related procurement contract:

By: _______________________________ Date: _________________________________



APPENDIX-C-3: NON-DISCRIMINATION IN EMPLOYMENT IN NORTHERN IRELAND “MACBRIDE FAIR EMPLOYMENT PRINCIPLES”

In accordance with Section 165 of the State Finance Law, the bidder, by submission of this bid certifies that it or any individual or legal entity in which the bidder holds a 10% or greater ownership interest, or any individual or legal entity that holds a 10% or greater ownership in the bidder, either: (answer yes or no to one or both of the following, as applicable),

(1) has business operations in Northern Ireland;Yes ____ or, No ____ if yes;

(2) shall take lawful steps in good faith to conduct any business operations that it has in Northern Ireland in accordance with the MacBride Fair Employment Principles relating to nondiscrimination in employment and freedom of workplace opportunity regarding such operations in Northern Ireland, and shall permit independent monitoring of their compliance with such Principles.

Yes ____ or, No ____

Firm Name ___________________________________________

Signed_______________________________________________


APPENDIX-C-4: NON-DISCRIMINATION, TITLE VI

Title VI Non-Discrimination Policy Statement:It is the policy of the New York State Department of Motor Vehicles to achieve compliance with Title VI of the Civil Rights Act of 1964 and related statutes and regulations in all Federal programs including 49 CFR Part 21 and 49 CFR Part 303.

Non-Discrimination: The New York State Department of Motor Vehicles (DMV), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§2000d to 2000d-4) and the Regulations, hereby notifies all who respond to a written NYSDMV solicitation, request for proposal or invitation for bid that it will affirmatively ensure that in any contract 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, income-level, or Limited English Proficiency (LEP) in consideration for an award.

During the performance of the Contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees as follows:

1. Compliance with Regulations: The Contractor (including consultants) must comply with the Acts and Regulations1 Relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Federal Motor Carrier Safety Administration (FMCSA), as they may be amended from time to time, which are herein incorporated by reference and made a part of the Contract.

2. Non-discrimination by Contractor: The Contractor, with regard to the work performed by it during the Contract, shall not discriminate on the grounds of race, color, national origin, sex, age, disability, income-level or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate directly or indirectly in the discrimination prohibited by the Acts and Regulations1.

3. Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurement of materials, or leases of equipment, each potential subcontractor or supplier must be notified by the Contractor of the Contractor’s obligations under the Contract and the Acts and Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income-level or LEP.

4. Information and Reports: The Contractor must provide all information and reports required by the Acts, the Regulations, the directives issued pursuant thereto and must permit access to its books, records, accounts, or other sources of information, and its facilities as may be determined by DMV or the FMCSA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor must so certify to DMV or the FMCSA, as appropriate, and will set forth what efforts it has made to obtain the information.


5. Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the Non-discrimination provisions of the Contract, DMV will impose such contract sanctions as it or the FMCSA may determine to be appropriate, including, but not limited to:

a. Withholding payments to the Contractor under a contract until the Contractor complies; and/or

b. Cancelling, terminating, or suspending the Contract, in whole or in part.6. Incorporation of Provisions: The Contractor must include the provisions of Paragraphs

One through Six hereof in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor must take action with respect to any subcontract or procurement as DMV or the FMCSA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request DMV to enter into any litigation to protect the interests of the State of New York or DMV. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

Statutory/Regulatory Authorities1.

The following statutory and regulatory cites are referred to as the “Acts” and “Regulations”, respectively:1. Title VI if the Civil Rights Act of 1964 (42 U.S.C. §2000d, et seq., 78 Stat. 252), prohibits discrimination

on the basis of race, color, national origin;2. Federal-Aid Highway Act of 1973 (23 U.S.C. §324, et seq.), prohibits discrimination on the basis of sex;3. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §1681, et seq.), prohibits

discrimination on the basis of sex in education programs or activities;4. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794, et seq.), prohibits

discrimination on the basis of disability;5. The Age Discrimination Act of 1975, as amended (42 U.S.C. §6101, et seq.), prohibits discrimination on

the basis of age;6. Americans with Disabilities Act of 1990, as amended ((42 U.S.C. §12101, et seq.), prohibits discrimination

on the basis of disability;7. 49 C.F.R. Part 27 (entitled “Non-Discrimination in Federally Assisted Programs of the Department of

Transportation – Effectuation of Title VI of the Civil Rights Act of 1964”);8. 49 C.F.R. Part 27 (entitled “Nondiscrimination on the Basis of Disability or Activities Receiving Federal

Financial Assistance”);9. 49 C.F.R. Part 28 (entitled “Enforcement of Nondiscrimination on the Basis of Handicap in Programs or

Activities conducted by the Department of Transportation”);10. 49 C.F.R Part 37 (entitled “Transportation Services for Individuals with Disabilities” (ADA));11. 49 C.F.R. Part 303 (FMCSA’s Title VI/Nondiscrimination Regulation);12. 28 C.F.R. Part 35 (entitled “Discrimination on the Basis of Disability in State and Local Government

Services”);13. 28 C.F.R. Part 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights

Act of 1964”).

(v., 7-8-16)


APPENDIX-C-5: 139-D STATEMENT OF NON-COLLUSION IN BIDS TO THE STATE

139-d. STATEMENT OF NON-COLLUSION IN BIDS TO THE STATE

Every bid hereafter made to the state or any public department, agency or official thereof, where competitive bidding is required by statute, rule or regulation, for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the bidder and affirmed by such bidder as true under the penalties of perjury: Non-collusive bidding certification.

By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his knowledge and belief: 1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and 3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.

A bid shall not be considered for award not shall any award be made where (a) 1), 2), and 3) above have not been complied with; provided however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefore. Where (a) 1), 2), and 3) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the state, public department or agency to which the bid is made, or his designee, determines that such disclosure was not made for the purpose of restricting competition.

The fact that a bidder (a) has published price lists, rates, or tariffs covering items being procured, (b) has informed prospective customer of proposed or pending publication of new or revised price lists for such items, or (c) has sold the same items to other customer at the same prices being bid, does not constitute, without more, a disclosure within the meaning of subparagraph (a).

Any bid hereafter made to the state or any public department, agency or official thereof by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute, rule or regulation, and where such bid contains the certification referred to in subdivision one of this section, shall be deemed to have been authorized by the board of directors of the bidder, and such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation.

Firm Name: _________________________________________

By, _________________________________________

Title: _________________________________________


Date: _________________________________________APPENDIX-C-6: VENDOR ASSURANCE OF NO CONFLICT OF INTEREST OR DETRIMENTAL EFFECT

The Firm offering to provide services pursuant to this RFP, as a contractor, joint venture contractor, subcontractor, or consultant, attests that its performance of the services outlined in this RFP does not and will not create a conflict of interest with nor position the Firm to breach any other contract currently in force with the State of New York. Furthermore, the Firm attests that it will not act in any manner that is detrimental to any State project on which the Firm is rendering services.

Specifically, the Firm attests that:1. The fulfillment of obligations by the Firm, as proposed in the response, does not violate any existing contracts or agreements between the Firm and the State;2. The fulfillment of obligations by the Firm, as proposed in the response, does not and will not create any conflict of interest, or perception thereof, with any current role or responsibility that the Firm has with regard to any existing contracts or agreements between the Firm and the State;3. The fulfillment of obligations by the Firm, as proposed in the response, does not and will not compromise the Firm’s ability to carry out its obligations under any existing contracts between the Firm and the State;4. The fulfillment of any other contractual obligations that the Firm has with the State will not affect or influence its ability to perform under any contract with the State resulting from this RFP;5. During the negotiation and execution of any contract resulting from this RFP, the Firm will not knowingly take any action or make any decision which creates a potential for conflict of interest or might cause a detrimental impact to the State as a whole including, but not limited to, any action or decision to divert resources from one State project to another;6. In fulfilling obligations under each of its State contracts, including any contract which results from this RFP, the Firm will act in accordance with the terms of each of its State contracts and will not knowingly take any action or make any decision which might cause a detrimental impact to the State as a whole including, but not limited to, any action or decision to divert resources from one State project to another;7. No former officer or employee of the State who is now employed by the Firm, nor any former officer or employee of the Firm who is now employed by the State, has played a role with regard to the administration of this contract procurement in a manner that may violate section 73(8)(a) of the State Ethics Law; and8. The Firm has not and shall not offer to any employee, member or director of the State any gift, whether in the form of money, service, loan, travel, entertainment, hospitality, thing or promise, or in any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence said employee, member or director, or could reasonably be expected to influence said employee, member or director, in the performance of the official duty of said employee, member or director or was intended as a reward for any official action on the part of said employee, member or director.

Firms responding to this RFP should note that the State recognizes that conflicts may occur in the future because a Firm may have existing or new relationships. The State will review the nature of any such new relationship and reserves the right to terminate the contract for cause if, in its judgment, a real or potential conflict of interest cannot be cured.

Firm Name: _______________________________________________

By,Name (please print): ____________________________________ Title: _____________________


Signature: __________________________________________ Date (mm/dd/yyyy):___/___/_____This form must be signed by an authorized executive or legal representative.


APPENDIX-C-7: COMPLIANCE OR NON-APPLICABILITY TO § 5-A OF THE NYS TAX LAW

[___] Neither the bidding entity, nor any of its affiliates (nor any subcontractors’ affiliates) make sales delivered by any means to locations within the state of tangible personal property or taxable services having a value of more than $300,000.00.

-OR-

[___] The bidding entity and any and all of its affiliates, subcontractors and subcontractors’ affiliates hold, to the best of the bidder’s knowledge, a valid Certificate of Authority issued by the NYS Department of Taxation and Finance.

-AND-

[___] If awarded a contract arising out of this IFB, the bidder shall provide three (3) copies of the Certificate of Authority held by it, its affiliates, its subcontractors’ and its subcontractors’ affiliates performing services under the contract with the Department of Motor Vehicles at the time of contract signature.

_____________________________(Please Print Company Name)By,

_______________________________________________(Signature of Authorized Representative)

_______________________________________________(Please Print Name of Authorized Representative)

______________________________(Title)

NOTARY ACKNOWLEDGEMENT:

On the ___________day of _______________, 20___ before me personally came_________________________________________, to me known, who being duly sworn, deposed and said that (s)he resides in ________________, _______________________; that s/he is a duly authorized representative of the bidding entity; that s/he did sign the foregoing instrument on behalf of, and with authority to bind said entity.

_________________________


APPENDIX-C-8: ACCEPTANCE OF TERMS AND CONDITIONS

The undersigned Offerer attests that:

1. It has read and agrees to the Terms and Conditions set forth in Sections 4-1 through 4-26 of this Request for Proposals (RFP C000866) in their entirety.

2. If tentatively awarded a Contract C000866, it will sign a Contract containing the Terms and Conditions set forth in Sections 4-1 through 4-26 of this RFP without alteration.

Federal ID Number Company/Offerer

Name (please print) Official Title Phone Number

Signature Date


( )

/ /

APPENDIX-D: BUSINESS EXPERIENCE AND REFERENCE FORMS

Instructions:Submit a separate “NYS Department of Motor Vehicles Business Experience and Reference Form” for each reference.

NYS Department of Motor Vehicles Business Experience and Reference FormName of Offerer

Name of Business Entity that Received Services (Reference)

Reference Used to Fulfill Requirement(s) (check all that apply): 2-10.1.1 (Mandatory) 2-10.1.2 (Scored) 2-10.2.1 (Mandatory) 2-10.2-2 (Scored)

Name of ProjectProject Start Date Project End Date

Reference Contact Information Name

AddressPhone Number

Fax NumberEmail Address

Description of Work Performed (attach additional pages as necessary)


APPENDIX-E: OFFICES AND VISITOR COUNTS

Office Locations, Types, and Hours of Operation

Office Name Office Type Street Address City State Zip

Code Hours

ALBANY DO 224-260 S. Pearl Street Albany NY 12202 M, Tu, W, F: 8:30 am – 4

pm; Th: 10 am – 6 pm

BETHPAGE DO 4031 Hempstead Turnpike Bethpage NY 11714 M, Tu, W, F: 8:30 am – 4

pm; Th: 10 am – 6 pmBRONX LICENSE CENTER

DO 1350 Commerce Ave Bronx NY 10461

M, Tu, W, Th, F: 8:30 am – 4:00 pm

BRONX REGISTRATION CENTER

DO 696 East Fordham Road Bronx NY 10458

M, Tu, W, F: 8:30 am – 4 pm; Th: 10 am – 6 pm

BRONX T V B TV 696 East Fordham Road Bronx NY 10458 M, Tu, W, Th, F: 8:30 am

– 4:00 pmBROOKLYN - ATLANTIC CENTER

DO 625 Atlantic Ave 2nd Fl Brooklyn NY 11217

M, Tu, W, Th, F: 8:30 am – 4:00 pm

BROOKLYN - CONEY ISLAND DO 2875 W. 8th Street Brooklyn NY 11224 M, Tu, W, F: 8:30 am – 4


BROOKLYN NORTH T V B TV

Atlantic Center Mall, 625 Atlantic Ave, 2nd Fl

Brooklyn NY 11217M, Tu, W, Th, F: 8:30 am – 4:00 pm

BROOKLYN SOUTH T V B TV 2875 West 8th

Street Brooklyn NY 11224 M, Tu, W, Th, F: 8:30 am – 4:00 pm

COLLEGE POINT DO 30-56 Whitestone

Expwy Flushing NY 11354 M, Tu, W, F: 8:30 am – 4 pm; Th: 10 am – 6 pm

CUSTOMER SERVICE COUNTER

OtherSwan Street Building, Room 136, Empire State Plaza

Albany NY 12228M, Tu, W, Th, F: 8 am – 3:45 pm

GARDEN CITY DO 801 Axinn Avenue Garden City NY 11530 M, Tu, W, F: 8:30 am – 4 pm; Th: 10 am – 6 pm

HARLEM DO 159 East 125th Street, 3rd Floor New York NY 10035 M, Tu, W, F: 8:30 am – 4


HAUPPAUGE DO 250 Veterans Memorial Hwy Hauppauge NY 11788 M, Tu, W, F: 8:30 am – 4


HUNTINGTON DO 813 New York Avenue Huntington NY 11743 M, Tu, W, Th, F: 8:30 am

– 4:00 pm

JAMAICA DO 168-46 91st Ave., 2nd Flr Jamaica NY 11432 M, Tu, W, Th, F: 8:30 am

– 4:00 pmLICENSE EXPRESS DO 145 West 30th

Street New York NY 10001 M, Tu, W, Th, F: 8:30 am – 4:00 pm

LOWER MANHATTAN - GREENWICH ST.

DO 11 Greenwich Street New York NY 10004

M, Tu, W, Th, F: 8:30 am – 4:00 pm


Office Name Office Type Street Address City State Zip

Code Hours

MANHATTAN NORTH T V B TV

159 East 125th Street, Gotham Plaza, 3rd Floor

New York NY 10035M, Tu, W, F: 8:30 am – 4 pm; Th: 10 am – 6 pm

MANHATTAN SOUTH T V B TV 2 Washington St,

5th Floor New York NY 10004 M, Tu, W, F: 8:30 am – 4 pm; Th: 10 am – 6 pm

MASSAPEQUA DO927 Carmans Road, Carmans Plz. Shopping Ctr

Massapequa NY 11758M, Tu, W, Th, F: 8:00 am – 6:00 pm

MEDFORD DO 2799 Route 112, Suite 1 Medford NY 11763 M, Tu, W, F: 8:30 am – 4

pm; Th: 10 am – 6 pmMIDTOWN MANHATTAN DO 366 West 31st

Street New York NY 10001 M, Tu, W, Th, F: 8:00 am – 6:00 pm

NORTH SYRACUSE DO 5801 E. Taft Road North

Syracuse NY 13212 M, T, W, Th: 8:30 am – 6:00 pm

PEEKSKILL DO 1045 Park Street Peekskill NY 10566 M, Tu, W, F: 8:30 am – 4 pm; Th: 10 am – 6 pm

PORT JEFFERSON DO 1055 Route 112 Port

Jefferson NY 11776M, Tu, W: 8:00 am – 5:00 pm; Th: 8:00 am – 7:00 pm

QUEENS NORTH T V B TV 30-56 Whitestone

Expwy, 2nd Floor Flushing NY 11354 M, Tu, W, Th, F: 8:30 am – 4:00 pm

QUEENS SOUTH T V B TV

168-35 Rockaway Boulevard, 2nd Floor

Jamaica NY 11434M, Tu, W, Th, F: 8:30 am – 4:00 pm

RICHMOND DO1775 South Avenue, West Shore Shopping Plaza

Staten Island NY 10314M, Tu, W, F: 8:30 am – 4 pm; Th: 10 am – 6 pm

RICHMOND TVB TVWest Shore Plaza, 1775 South Avenue, Ste 2

Staten Island NY 10314M, Tu, W, F: 8:30 am – 4 pm; Th: 10 am – 6 pm

RIVERHEAD DO 200 Old Country Road Riverhead NY 11901 M, Tu, W, Th, F: 8:30 am

– 4:00 pm

ROCHESTER TVB TV

Reynolds Arcade Building, 16 E Main St - 5th Fl

Rochester NY 14614M, Tu, W, Th, F: 8:30 am – 4:00 pm

SPRINGFIELD GARDENS DO 168-35 Rockaway

Blvd Jamaica NY 11434 M, Tu, W, F: 8:30 am – 4 pm; Th: 10 am – 6 pm

SYRACUSE DO4671 Onondaga Blvd, Western Lights Plaza

Syracuse NY 13219M, Tu, W, Th, F: 8:30 am – 4:00 pm

WEST HAVERSTRAW DO

50 Samsondale Plaza, State Route 9W

West Haverstraw NY 10993

M, Tu, W, F: 8:30 am – 4 pm; Th: 10 am – 6 pm

WHITE PLAINS DO 200 Hamilton Avenue White Plains NY 10601 M, Tu, W, F: 8:30 am – 4


YONKERS DO 1 Larkin Plaza Yonkers NY 10701 M, Tu, W, Th, F: 8:00 am – 6:00 pm


District Office Customer Volumes (April 2016 – March 2017)

District Office Transactions Customers Total Visitors

(w/ Guests)Bronx 203,646 254,558 318,197Bronx License Center 124,667 155,834 194,792

Brooklyn 286,053 357,566 446,958Coney Island 198,556 248,195 310,244Harlem 204,156 255,195 318,994Midtown Manhattan 214,084 267,605 334,506Jamaica 189,365 236,706 295,883License Express 91,024 113,780 142,225New York DO 114,577 143,221 179,027Richmond 209,416 261,770 327,213Springfield Gardens 229,460 286,825 358,531Bethpage 136,220 170,275 212,844College Point 269,412 336,765 420,956Garden City 226,645 283,306 354,133Hauppauge 160,507 200,634 250,792Huntington 80,941 101,176 126,470Massapequa 196,804 246,005 307,506Medford 165,736 207,170 258,963Port Jefferson 77,436 96,795 120,994Riverhead 117,379 146,724 183,405Albany 100,178 125,223 156,528North Syracuse 115,182 143,978 179,972Peekskill 69,058 86,323 107,903Syracuse 93,023 116,279 145,348West Haverstraw 102,643 128,304 160,380White Plains 127,214 159,018 198,772Yonkers 157,745 197,181 246,477Total Transactions 4,261,127 5,326,409 6,658,011


APPENDIX-F: ILLUSTRATIVE IMAGES

Video Wall at Coney Island District Office (See, Section 2-5.3)

Split-Screen Monitor (See, Section 2-6.5)


Split-Screen Dimensions (See, Section 2-6.5)


Documents

infor Web viewTitle VI Non-Discrimination: It is the policy of the New York State Department of Motor Vehicles to achieve compliance with Title VI of the Civil Rights