opwdd.ny.gov Web view · 2017-08-14Acumatica RFP July 2017 . Editable Word Documents. REQUEST FOR PROPOSALS. for. Acumatica. ERP Software . Support. and Maintenance. August 11, 2017

Editable Word DocumentsREQUEST FOR PROPOSALS

for

Acumatica ERP Software Support and Maintenance

August 11, 2017

New York StateOffice for People With Developmental Disabilities Page 1 of 13 Acumatica RFP July 2017

TABLE OF CONTENTS

Attachment 2 - Reference Form.................................................................................................................................3

Attachment 3 - Non-Collusive Bidding Certification...................................................................................................3

Attachment 4 - Bidder’s Compliance with Communications During Restricted Period..............................................3

Attachment 5 - Offerer Disclosure of Prior Non-Responsibility Determinations.......................................................3

Attachment 6 - Governmental Entity Report of Contact under State Finance Law §139-k(4)...................................3

Attachment 7 - Encouraging Use Of New York State Businesses In Contract Performance......................................3

Attachment 8 - M/WBE UTILIZATION PLAN...............................................................................................................3


Attachment 2 - Reference FormProposers are encouraged to provide more than the required three (3) references, with an indication of the preferred order in which to use them.

Proposer’s Name Click or tap here to enter text.

Proposer’s Name as known to Reference Click or tap here to enter text.

Reference Preference #__

Reference Company Name Click or tap here to enter text.

Type of Business Click or tap here to enter text.

Primary Contact Person’s Name Click or tap here to enter text.

Title Click or tap here to enter text.

Mailing Address Click or tap here to enter text.

Phone Click or tap here to enter text.

E-Mail Click or tap here to enter text.

Term of Engagement Click or tap here to enter text.

Name of Engagement Click or tap here to enter text.

Scope of Engagement Click or tap here to enter text.


Attachment 3 - Non-Collusive Bidding Certification

Required by Section 139-D of the State Finance Law

By submission of this bid, bidder and each person signing on behalf of bidder certifies, and in the case of joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his/her knowledge and belief:

[1] The prices of this bid have been arrived at independently, without collusion, consultation, communication, or agreement, for the purposes 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 NOR SHALL ANY AWARD BE MADE WHERE [1], [2], [3] ABOVE HAVE NOT BEEN COMPLIED WITH; PROVIDED HOWEVER, THAT IF IN ANY CASE THE BIDDER(S) CANNOT MAKE THE FORGOING CERTIFICATION, THE BIDDER SHALL SO STATE AND SHALL FURNISH BELOW A SIGNED STATEMENT WHICH SETS FORTH IN DETAIL THE REASONS THEREFORE:

[AFFIX ADDENDUM TO THIS PAGE IF SPACE IS REQUIRED FOR STATEMENT.]

Subscribed to under penalty of perjury under the laws of the State of New York, this ___ day of ______, 20__ as the act and deed of said corporation of partnership.

IF BIDDER(S) (ARE) A PARTNERSHIP, COMPLETE THE FOLLOWING:

NAMES OF PARTNERS OR PRINCIPALS LEGAL RESIDENCE

Click or tap here to enter text. Click or tap here to enter text.




IF BIDDER(S) (ARE) A CORPORATION, COMPLETE THE FOLLOWING:

NAMES LEGAL RESIDENCEClick or tap here to enter text. Click or tap here to enter text.

PresidentClick or tap here to enter text. Click or tap here to enter text.

SecretaryClick or tap here to enter text. Click or tap here to enter text.

TreasurerClick or tap here to enter text. Click or tap here to enter text.

PresidentClick or tap here to enter text. Click or tap here to enter text.

SecretaryClick or tap here to enter text. Click or tap here to enter text.

TreasurerIdentifying Data:

Potential Contractor: Click or tap here to enter text.

Street Address: Click or tap here to enter text.

City, Town, etc. Click or tap here to enter text.

Telephone: Click or tap here to enter text. Title: Click or tap here to enter text.

Click or tap here to enter text.

If applicable, Responsible Corporate Officer Name

Click or tap here to enter text.

Title

Signature

Joint or combined bids by companies or firms must be certified on behalf of each participant:


Attachment 4 - Bidder’s Compliance with Communications During Restricted Period

Affirmations & Disclosures related to State Finance Law §§ 139-j & 139-k:

Pursuant to State Finance Law §§139-j and 139-k, this Request for Proposal includes and imposes certain restrictions on communications between the State agency and a Bidder during the procurement process. A Bidder is restricted from making contacts from the earliest notice of intent to solicit bids/proposals through final award and approval of the Procurement Contract by the Office of the State Comptroller (“restricted period”) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j (3) (a). Designated staff, as of the date hereof, are identified in Section One of this Request for Proposal. If State agency employees, other than the designated contacts, are contacted by the Bidder, the State employees are required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Bidder pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a 4 year period, the Bidder is debarred from obtaining governmental Procurement Contracts. Further information about these requirements can be found on the Office of General Services Website at h t t p : / / www .o g s.n y . g o v / abou t O g s /r e g u l a t i o ns / d e f a u lt A d v i s o r y C ounc i l . a s p

The Governmental Entity reserves the right to terminate this contract in the event it is found that the certification filed by the Offerer in accordance with New York State Finance Law §139-k was intentionally false or intentionally incomplete. Upon such finding, the Governmental Entity may exercise its termination right by providing written notification to the Offerer in accordance with the written notification terms of this contract.

Bidder affirms that it understands and agrees to comply with the procedures relative to permissible contacts(provided below) as required by State Finance Law §139-j (3) and §139-j (6) (b).

Bidder Name: Click or tap here to enter text.

Click or tap here to enter text.(Officer Signature) (Date)

Click or tap here to enter text.Click or tap here to enter text.

(Officer Title) (Telephone)

Click or tap here to enter text.(E-mail Address)


Attachment 5 - Offerer Disclosure of Prior Non-Responsibility Determinations

Background:

New York State Finance Law §139-k(2) obligates a Governmental Entity to obtain specific information regarding prior non-responsibility determinations with respect to State Finance Law §139-j. This information must be collected in addition to the information that is separately obtained pursuant to State Finance Law §163(9). In accordance with State Finance Law §139-k, an Offerer must be asked to disclose whether there has been a finding of non-responsibility made within the previous four (4) years by any Governmental Entity due to: (a) a violation of State Finance Law §139-j or (b) the intentional provision of false or incomplete information to a Governmental Entity. The terms “Offerer” and “Governmental Entity” are defined in State Finance Law § 139-k(1). State Finance Law §139-j sets forth detailed requirements about the restrictions on Contacts during the procurement process. A violation of State Finance Law §139-j includes, but is not limited to, an impermissible Contact during the restricted period (for example, contacting a person or entity other than the designated contact person, when such Contact does not fall within one of the exemptions).

As part of its responsibility determination, State Finance Law §139-k(3) mandates consideration of whether an Offerer fails to timely disclose accurate or complete information regarding the above non-responsibility determination. In accordance with law, no Procurement Contract shall be awarded to any Offerer that fails to timely disclose accurate or complete information under this section, unless a finding is made that the award of the Procurement Contract to the Offerer is necessary to protect public property or public health safety, and that the Offerer is the only source capable of supplying the required Article of Procurement within the necessary timeframe. See State Finance Law §§139-j (10)(b) and 139-k(3).

Instructions:

A Governmental Entity must include a disclosure request regarding prior non-responsibility determinations in accordance with State Finance Law §139-k in its solicitation of proposals or bid documents or specifications or contract documents, as applicable, for procurement contracts. The attached form is to be completed and submitted by the individual or entity seeking to enter into a Procurement Contract. It shall be submitted to the Governmental Entity conducting the Governmental Procurement.

As an alternative to this form, the Governmental Entity may elect to incorporate this disclosure question into its procurement questionnaire, such as the New York State Standard Vendor Responsibility Questionnaire set out at http://www.ogs.state.ny.us/procurecounc/pdfdoc/BestPractice.pdf.

Offerer Disclosure of Prior Non-Responsibility Determinations

Name of Individual or Entity Seeking to Enter into the Procurement Contract: Click or tap here to enter text.

Address: Click or tap here to enter text.Name and Title of Person Submitting this Form: Click or tap here to enter text.Date: Click or tap here to enter text.

1. Has any Governmental Entity made a finding of non-responsibility regarding the individual or entity seeking to enter into the Procurement Contract in the previous four years? (Please circle):

No YesIf yes, please answer the next questions:

2. Was the basis for the finding of non-responsibility due to a violation of State Finance Law §139-j (Please circle):

No Yes3. Was the basis for the finding of non-responsibility due to the intentional provision of false or incomplete information to a Governmental Entity? (Please circle):

No Yes

4. If you answered yes to any of the above questions, please provide details regarding the finding of non-responsibility below.Governmental Entity: Click or tap here to enter text.Date of Finding of Non-responsibility: Click or tap here to enter text.Basis of Finding of Non-Responsibility: Click or tap here to enter text.(Add additional pages as necessary)

5. Has any Governmental Entity or other governmental agency terminated or withheld a Procurement Contract with the above-named individual or entity due to the intentional provision of false or incomplete information? (Please circle):

No Yes6. If yes, please provide details below.Governmental Entity: Click or tap here to enter text.Date of Termination or Withholding of Contract: Click or tap here to enter text.Basis of Termination or Withholding: Click or tap here to enter text. (Add additional pages as necessary)

Offerer certifies that all information provided to the Governmental Entity with respect to State Finance Law §139-k is complete, true and accurate.

By: Date: Signature

Name:Click or tap here to enter text.

Title: Click or tap here to enter text.

New York StateOffice for People With Developmental Disabilities Page 8 of 13 Acumatica RFP

Attachment 6 - Governmental Entity Report of Contact under State Finance Law §139-k(4)

Background:

New York State Finance Law §139-k(4) obligates every Governmental Entity during the Restricted Period of a Procurement Contract to make a written record of any Contacts made. The term “Contact” is defined by statute and refers to those oral, written or electronic communications that a reasonable person would infer are attempts to influence the Governmental Procurement. In addition to obtaining the required identifying information, the Governmental Entity must inquire and record whether the person or organization that made the Contact was the Offerer or was retained, employed or designated on behalf of the Offerer to appear before or Contact the Governmental Entity.

It should be noted that State Finance Law §139-k(6) provides:

[a]ny communications received by a governmental entity from members of the state legislature, or legislative staffs, when acting in their official capacity, shall not be considered to be a “contact” within the meaning of this section and shall not be recorded by a governmental entity pursuant to this section.

Instructions:

This model form is for use by the Governmental Entity and may be used for each Procurement Contract governed by State Finance Law §139-k. All recorded Contacts shall be included in the procurement record for the Procurement Contract. This model form was designed to collect information about initial and subsequent Contacts on the specified procurement contract during the Restricted Period. However, a separate form must be completed for each person or organization that Contacts the Governmental Entity about each Procurement Contract. Additional information and guidance on the “restricted period” and permissible Contacts can be found in the guidelines issued by the Advisory Council on Procurement Lobbying, which can be found on the OGS website at http://www.ogs.state.ny.us/aboutOgs/regulations/defaultAdvisoryCouncil.html.

It is recommended that Governmental Entities advise Offerers and those designated, employed or retained by Offerers of the intention to record the Contact. It is also recommended that information be provided regarding to Offerers and others about the statutory Restricted Period, Designated Contacts and the Permitted Contacts.

While the model form includes a section where the nature of the Contact may be recorded, such information is not statutorily required to be reported. Where such information is recorded, the Governmental Entity may in its discretion conform its collection with its other procurement practices.

Governmental Entity Record of ContactUnder State Finance Law §139-k(4)

Was the person making the Contact informed that the Contact would be documented?

[ ] Yes [] No

To: Procurement Record Regarding ______________________________________________________________________________________________________________________

Procurement Contract Number _____________________________________________________From: _____________________________________________________________________

(Name and title)Name of Governmental Entity:_____________________________________________________

Date: __________________

Subject: Record of Contact under State Finance Law §139-k(4)I had Contact with the below named individual regarding the above identified

procurement. The term “Contact” is defined in State Finance Law §139-k(1)(c). In accordance with State Finance Law §139-k(4), the following information was obtained.

Name: ______________________________________________________________________

Address: _____________________________________________________________________

_____________________________________________________________________________

Telephone Number: ____________________________________________________________

Place of Principal Employment: ___________________________________________________

Occupation: __________________________________________________________________

Is the above named person or organization the “Offerer” in this governmental procurement? (Please circle) yes no

If no, was the above named person or organization retained, employed or designated by the “Offerer” to:

- appear before the governmental entity about the governmental procurement?(Please circle) yes no

- Contact the governmental entity about the governmental procurement?(Please circle) yes no

List date(s) of Contact: __________________________________________________________________________________________________________________________________________

_______________________________________________________________________________(add additional pages as necessary)

OptionalSummarize the form (e.g., email, letter, conversation) and topic of the communication on each date of Contact: _________________________________________________________________ (add additional pages or copies of written communications as necessary)


Attachment 7 - Encouraging Use Of New York State Businesses In Contract Performance

New York State businesses have a substantial presence in State contracts and strongly contribute to the economies of the state and the nation. In recognition of their economic activity and leadership in doing business in New York State, Bidder/Bidders for this contract for commodities, services, and technology are strongly encouraged and expected to consider New York State businesses in the fulfillment of the requirements for the contact. Such partnering may be as subcontractors, suppliers, protégés, or other supporting roles.

Bidder/Bidders need to be aware that all authorized users of their contract will be strongly encouraged, to the maximum extent practical and consistent with legal requirements, to use responsible and responsive New York State businesses in purchasing commodities that are of equal quality and functionality and in utilizing services and technology. Furthermore, Bidder/Bidders are reminded that they must continue to utilize small, minority and women-owned businesses, consistent with current State law.

Utilizing New York State businesses in State contracts will help create more private sector jobs, rebuild New York’s infrastructure, and maximize economic activity to the mutual benefit of the contractor and its New York State business partners. New York State businesses will promote the contractor’s optimal performance underthe contract, thereby fully benefiting the public sector programs that are supported by associated procurements.

Public procurements can drive and improve the State’s economic engine through promotion of the use of New York businesses by its contractors. The State therefore expects Bidder/Bidders to provide maximum assistance to New York businesses in their use of the contract. The potential participation by all kinds of New York businesses will deliver great value to the State and its taxpayers.

Bidder/Bidders can demonstrate their commitment to the use of New York state businesses by responding to the question below:

Will New York State Businesses be used in the performance of this contract?

Yes No

If yes, attach identifying information of New York State businesses that will be used.


Attachment 8 - M/WBE UTILIZATION PLANINSTRUCTIONS: Proposers responding “YES” to Diversity Practices question 2.5.4.8., must complete and submit form. This Utilization Plan must contain a detailed description of the supplies and/or services to be provided by each certified Minority and Women-owned Business Enterprise (M/WBE) under the contract. Attach additional sheets if necessary.

Offeror’s Name: Federal Identification No.: Address: Project/Contract No.: City, State, Zip Code: Telephone No.: M/WBE Goals in the Contract: MBE % WBE %Region/Location of Work:

1. Certified M/WBE Subcontractors/Suppliers Name, Address, Email Address, Telephone No.

2. Classification 3. Federal ID No. 4. Detailed Description of Work (Attach additional sheets, if necessary)

5. Dollar Value of Subcontracts/ Supplies/Services and intended performance dates of each component of the contract.

A. NYS ESD CERTIFIED MBE WBE

B. NYS ESD CERTIFIED MBE WBE

6. IF UNABLE TO FULLY MEET THE MBE AND WBE GOALS SET FORTH IN THE CONTRACT, OFFEROR MUST SUBMIT A REQUEST FOR WAIVER FORM (M/WBE 104).

PREPARED BY (Signature): DATE:

NAME AND TITLE OF PREPARER (Print or Type): SUBMISSION OF THIS FORM CONSTITUTES THE OFFEROR’S ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH THE M/WBE REQUIREMENTS SET FORTH UNDER NYS EXECUTIVE LAW, ARTICLE 15-A, 5 NYCRR PART 143, AND THE ABOVE-REFERENCED SOLICITATION. FAILURE TO SUBMIT COMPLETE AND ACCURATE INFORMATION MAY RESULT IN A FINDING OF NONCOMPLIANCE AND POSSIBLE TERMINATION OF YOUR CONTRACT.

TELEPHONE NO.: EMAIL ADDRESS:

FOR M/WBE USE ONLYREVIEWED BY:

DATE:

UTILIZATION PLAN APPROVED: YES NO Date: Contract No.: Project No. (if applicable):

Contract Award Date: Estimated Date of Completion: Amount Obligated Under the Contract: Description of Work: NOTICE OF DEFICIENCY ISSUED: YES NO Date:______________

NOTICE OF ACCEPTANCE ISSUED: YES NO Date:_____________

MWBE 103 (Revised 8/09)