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Group 71011 – Guard Services

SECTION III USE OF BACKDROP CONTRACT BY STATE AGENCIES AND OTHER AUTHORIZED USERS (Cont’d)

III.7 PROCUREMENT INSTRUCTIONS

The procurement of this service requires each agency to complete a streamlined bid process, referred to as a mini-bid, from among a list of eligible vendors. The mini-bid process is an abbreviated bid process by which User Agencies can solicit pricing for their specific engagements.

A. Summary of Policy and Prohibitions on Procurement LobbyingPursuant to State Finance Law §§139-j and 139-k, this mini-bid solicitation includes and imposes certain restrictions on communications between a Governmental Entity and an Offerer during the procurement process. An contractor is restricted from making contacts from the earliest notice of intent to solicit offers through final award and approval of the Procurement Contract by the Governmental Entity and, if required, 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, is identified on the first page of this solicitation [or conform to whatever location is used to identify designated staff]. Governmental Entity employees [conform for pertinent government entity] are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Offerer/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 Offerer/bidder is debarred from obtaining governmental Procurement Contracts. Further information about these requirements can be found [conform for how will provide copies of the rules, regulations, guidelines or procedures].

C. Contract Termination: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.

D. Designated Contacts: Please refer to the OGS Website Advisory Council On Procurement Lobbying , Frequently Asked Questions for a definition of Designated Contacts . http://www.ogs.state.ny.us/aboutogs/regulations/advisoryCouncil/Faq.htm

NOTE: For procurements below an Authorized User's discretionary threshold, user may negotiate directly with a contractor in accordance with the Discretionary Purchasing Guidelines dated August 2000, using the most practical and economical alternative in the best interests of the state. http://www.ogs.state.ny.us/procurecounc/pdfdoc/Discretionarypurchasingguidelines8-17.pdf

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MINI BID PROCESS (See Project Definition Template at end of document)

Mini-bid shall refer to the bidding of each Project Definition since it is a smaller, simpler form of bidding and does not need to duplicate this RFP. Method of Award shall be stated in the Mini-bid and Authorized Users may elect to award on the basis of best value or lowest cost. An example of language for awarding on a Best Value basis and using assigned weights is as follows:

"Contract shall be awarded to the bidder providing the Best Value on an evaluated basis with assigned weight being given to both the technical (specification) part of the proposal and the cost of the proposal to determine the “Best Value.” Weights assigned to technical and cost must be predetermined prior to the Mini-bid. Method of Award shall be stated in the mini-bid.

Authorized Users shall document in the Procurement Record their choice of Contractor in accordance with their predetermined method of award based on cost, need (form, function and utility) and value (quality, cost and efficiency).

If procurement exceeds the Authorized Users discretionary threshold limit prior approval by the State Comptrollers Office is required.

NOTE: Contractor may also be selected on the basis of lowest cost if quality appears to be uniform among competing bidders and if user determines lowest cost to be the Best Value.

A. Contractors awarded Backdrop contracts for the region(s) being bid may be required to attend a mandatory site visit prior to a Mini-bid submittal. The time and date for this site visit shall be arranged with the Authorized User representative.

1. Authorized Users shall determine the locations and applicable region where guard services are required.

a. Authorized Users shall forward Backdrop Contractors in the applicable region a copy of the Project Definition that outlines their security guard requirements.

b. Authorized Users shall determine the contract term of the Mini-bid. The Mini-bid contract term shall not be greater than three years beyond the termination date of the Backdrop Contract and shall be issued for a period not to exceed five years.

2. Method of Award - Authorized Users shall designate the Method of Award for their Best Value or lowest cost determination in the Project Definition. According to the State Finance Law, “Best Value” is defined as the basis for awarding a contract to the offerer that optimizes quality, cost and efficiency, among responsive and responsible offerers. Such basis shall reflect, whenever possible, objective and quantifiable analysis. "Best Value Determination" may include, but is not limited to:

previous experience source of supply personnel resources ability to meet agency site-specific requirements experience relating to agency specific requirements

3. Backdrop Contractors shall develop a bid and submit it to the Authorized User by the specified date.

4. Authorized Users shall review all bids received and shall award contract on the basis of the Mini-bid specified Method of Award.

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III.7 PROCUREMENT INSTRUCTIONS (Cont’d)

5. Authorized Users shall issue encumbrance documents or other written orders for work depending on the type of contract (refer to SECTION IV.1 - GENERAL DESCRIPTION CONTRACTS).

6. See "Procurement Card" in Appendix B OGS General Specifications. All bidders shall indicate if they will accept the NYS Purchasing Card.

7. Authorized Users shall request in the Project Definition, evidence of current insurance coverage of all Contractors submitting Mini-bids, in the amounts and type set forth in the Backdrop Contract, and shall request a statement from the bidders that they will, within thirty days of Mini-bid Award, provide a certificate of such insurance naming the Authorized User as an additional insured. Failure to provide such certificate within such thirty day time period may result in a termination of the award.

B. The Contractor may terminate a Mini-bid contract using the following procedures:

1. If the Contractor reasonably believes an Authorized User is failing to perform any of its material obligations under the terms of the contract, or that the Authorized User is seeking services from Contractor outside the scope of the contract, or there is a difference of opinion as to the interpretation of the contract, Contractor shall provide written notice to the Office of General Services (OGS) and the Authorized User, that it wishes to terminate the Mini-bid contract unless the failure or discrepancy is cured within 20 business days after receipt of the written notice. Such notice shall outline the particulars of the alleged failure or discrepancy. The Authorized User shall provide a written response to the claims of Contractor, providing a copy to OGS. Within the 20 business days, OGS will work with the Authorized User and the Contractor to review the circumstances of the alleged failure to perform or discrepancy. If OGS reasonably determines the Authorized User has failed to perform in accordance with the contract and the Authorized User fails to cure the defect,

OGS shall advise Contractor it may terminate the Mini-bid contract 30 business days thereafter, but no later than 50 business days after receipt of the original written notice from the Contractor.

2. The Authorized User shall pay for any services accepted from the Contractor prior to the effective date of the termination in accordance with the contract terms. Neither the Authorized User nor the Contractor shall be liable for the other party’s expenses as a result of the termination, provided the party complied with the foregoing notice provisions and worked in good faith with OGS to resolve the alleged failures.

NOTE: The foregoing provisions shall not in any way affect, alter or diminish the rights of OGS and Authorized Users as contained within the provisions of SECTION II.2 -CANCELLATION FOR CONVENIENCE as contained within the Backdrop Contract and Section 64 of Appendix B - REMEDIES FOR BREACH.

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SAMPLE

PROJECT DEFINITION TEMPLATE

NOTE: This Project Definition is a template of what an actual project definition may look like.

PROJECT DEFINITION (INCLUDE COMPLETE TITLE OF PROJECT)

(INSERT DATE)

Prepared by: (User Agency Name)

TABLE OF CONTENTS

SECTION NO. Section Header PAGE NO

1.0 General Overview

1.1 Introduction

1.2 Scope of Work1.3

Expected Deliverables1.4

Project Objectives1.5

Inquiries/Issuing Office1.6

Key Events/Dates1.7

Pre-bid Conference (Optional)

1.8Optional Backdrop Contractor Interview

2.0Technical Requirements

3.0 Special Terms and Conditions

3.1Mini-Bid Contract Term

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3.2Price Adjustment

4.0Administrative Requirements

5.0Method of Award and Evaluation Criteria (Best Value or Lowest Cost)

5.1 Evaluation and Selection

5.1.AEvaluation Criteria (best value)

5.1.BTechnical Component

5.1.CFinancial Component

5.1.DEvaluation Criteria (lowest cost)

5.1.E**Insurance Certification*

Exhibit 1Mini-bid Checklist

Exhibit 2Technical Optional Requirements

Attachment 4Bidder/Offerer disclosure form

Attachment 5Corporate Acknowledement

Attachment 6Contractor Disclosure of Contacts form EO127

Attachment 7Article 15A

* Authorized Users shall require documentation that contractor meets the Insurance Requirements referenced in the Backdrop Contract. If contractors policy includes a deductible, information relative to the deductible amount is to be provided to the Authorized.

1.0 GENERAL OVERVIEW

1.1 Introduction

The issuing agency is [INSERT USER AGENCY NAME]. This Project Definition outlines the terms and conditions, and all applicable information required for submitting a bid. Bidders should pay strict attention to the bid submission date and

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time to prevent disqualification. To ensure compliance with these mini-bid requirements and to prevent possible disqualification, bidders should follow the format and instructions contained in this document.

Authorized Users shall thoroughly review the requirements of the Backdrop contract as well as all contractor requirements to ensure contract compliance.

1.2 Scope of Work (brief description)

The Authorized User is initiating a project under the auspices of the OGS Procurement Services Group (PSG) Backdrop Contracts for Security Guard Services. The Authorized User is in need of:

State the exact guard duties and responsibilities required by this project definition State the region(s) required. See Attachment 1 of backdrop contract. This project is expected to cover the period _____________ (not to exceed three years after Backdrop

Contract expiration and maximum mini-bid term not to exceed five years) and will commence upon project review and approval by OSC.

1.3 Expected Deliverables

A contract with the [INSERT AGENCY NAME] shall include, but may not be limited to the following deliverables:

The issuing agency should include all the items the bidder will be expected to provide in order to consider this assignment complete (i.e. numbers of guards required, levels of guards, weekly hours required for each level guard, vehicle, guard interviews, types of reports, suggested report format [specify if electronic format is required], attendance at project meetings, etc.)

1.4 Project Objectives

The issuing agency should briefly describe the goals or course of actions associated with this assignment. Contractors shall meet the requirements of the backdrop contract.

1.5 Inquiries/Issuing Office

All inquiries concerning the Mini-bid will be addressed to

AGENCY CONTACT NAME TITLE AGENCY NAME / DIVISION ADDRESS ONE (INCLUDE ROOM NUMBER)ADDRESS TWO CITY, STATE ZIP CODE TELEPHONE NUMBER FACSIMILE NUMBER EMAIL ADDRESS

All questions should be submitted in writing, citing the particular Project Definition section and paragraph number. Prospective contractors should note that all clarifications and exceptions including those relating to the terms and conditions of the contract are to be resolved before the award of a Mini-bid. Answers to all questions of a substantive nature will be given to all contractors in the form of a formal addendum that will be annexed to and become part of the ensuing Mini-bid contract.

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1.6 Key Events/ Dates

Event Date TimeProject Definition Release INSERT DATE BID IS ACTUALLY RELEASEDClosing Date for Inquiries (OPTIONAL)Pre-Bid Conference (OPTIONAL)Site Visit Date (OPTIONAL)Bid OpeningMini-bid Contract Award

1.7 Pre Bid Conference

If the issuing agency feels there may be a need to further explain the components of the project to the Backdrop contractors, then the user agency may choose to have a pre-bid conference. The following suggested pre-bid conference language may be used in the project definition.

Attendance at the Pre-Bid Conference is [strongly encouraged or mandatory].

The [INSERT USER AGENCY NAME] will require all persons to sign an attendance roster. The pre-bid conference will be held on (INSERT DATE, TIME, and LOCATION). Notify the Agency Contact Person identified in SECTION - 1.5 Inquiries/Issuing Office of your plans to attend this conference before the scheduled date.

Specific questions concerning this Mini-bid shall be submitted in writing (facsimile will be accepted) to the agency contact person identified in SECTION - 1.5 Inquiries/Issuing Office, approximately five days before the conference to be answered at the conference. Although questions will be permitted at the conference, answers may be deferred and included in the formal summary of the pre-bid conference, a copy of which will be sent to each Backdrop Contractor participating in this Mini-bid.

1.8 Optional Backdrop Contractor Interview

As part of this Mini-bid process, the [INSERT USER AGENCY NAME] reserves the right to interview the guard company to determine the manner in which guards are assigned. Authorized Users may interview proposed guards after contractor selection, prior to guard assignment. Authorized User reserves the right to reject any proposed guard(s).

2.0 TECHNICAL REQUIREMENTS

The issuing agency shall be familiar with the terms & conditions of the Backdrop contract and shall specify the guard requirements that may be used to evaluate bidder's response. The issuing agency shall specify minimum guard responsibilities and post orders for each guard to be included in the Backdrop Contractor’s response. These qualifications and experience may be more stringent than that contained in the original RFP (but must remain within the contract scope) and may contain the optional requirements contained in EXHIBIT 2 - Technical Optional Requirements. Authorized Users shall also indicate if monthly vehicles are required.

3.0 SPECIAL TERMS AND CONDITIONS

The issuing agency shall define any special terms and/or conditions associated with the project.

3.1 Mini-Bid Contract Term

The issuing agency shall indicate the projected beginning and ending dates for the project (not to exceed the maximum period of up to five years).

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3.2 PRICE ADJUSTMENT

On each anniversary date of the Backdrop contract OGS Procurement Services will adjust the contractors “Not to exceed” prices (increase or decrease) using the directions and formula identified below. The updated prices will be posted on the contract award notification on the OGS website.

On each anniversary date of the awarded mini-bid contract the Contractor or Authorized User may submit for a price adjustment (increase or decrease) to their mini-bid quoted price. The contractor must submit the documentation that shows how they arrived at the adjusted price along with a letter of explanation.

The increase or decrease is based upon fluctuations in the latest published copy of the Consumer Price Index for all urban consumers as published by the U S. Department of Labor, Bureau of Labor Statistics, Washington, D.C. 20212. The index is also available through the Internet at the Bureau of Labor Statistics web site at http://stats.bls.gov/. Go to “Inflation and Consumer Spending” then click "Consumer Price Index" and then click on “Tables created by BLS” then click on “Table Containing History Of CPI-U U.S. All Items Indexes and Annual % Changes 1913 To Present.”

Price adjustments using the CPI involve changing the base payment by the percent change in the level of the CPI between the annual reference period and a subsequent time period. This is calculated by first determining the index point change between the two periods and then the percent change. The price adjustment shall be calculated as follows. Obtain the Base Index that is the CPI for the 3rd month prior to the month of the anniversary date of the Backdrop Contract or awarded Mini-bid. Calculate the Index Point Change by subtracting the Base Index from the CPI value for the 3rd month prior to the anniversary date of the Backdrop Contract or awarded Mini-bid (e.g.: If start date begins in December, use the September CPI). The Index Point Change is then divided by the Base Index and this result is then multiplied by 100 to equal the Percent of Adjustment that is the price adjustment value. This Percent of Adjustment (increase or decrease) shall be applied to the next Mini-bid Contract year, effective on the latter of the anniversary date or upon notification by the Authorized User within 30 days after contractor request provided proper documentation is received. The adjusted Index shall become the base index for the next subsequent contract adjustment period. The following example illustrates the computation of the Percent of Adjustment:

Current Period - CPI for 3 months prior to anniversary date 136.0 Less Base Index - CPI for 3rd month prior to the month of the start date of the Backdrop Contract or awarded Mini-bid

129.9

Equals Index Point Change 6.1 Divided by previous period CPI 129.9

Equals 0.047

Result multiplied by 100 0.047 x 100

Equals Percent of Adjustment 4.7%

The Contractor has the sole responsibility to submit invoices at the adjusted rate within three months of the applicable anniversary date of the Mini-bid contract and shall provide a copy of the index and other supporting documentation necessary to support the increase or decrease to the Authorized User, as appropriate. Should the Contractor fail to submit adjusted invoices and supporting documentation to the Authorized User with respect to the Mini-bid contract within three months after the applicable anniversary date, the Contractor shall be deemed to have waived its right to any increase in price for that year, but the State shall not be barred from making the appropriate adjustment in the case of a decrease determined in accordance with the above methodology. Adjustments take effect upon written notification by the Authorized User to the contractor.

NOTE: All awarded Mini-bids shall be entered into at prices not exceeding the then current maximum not to exceed prices in the Backdrop Contract.

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4.0 ADMINISTRATIVE REQUIREMENTS

Authorized User details its administrative requirements

5.0 METHOD OF AWARD AND EVALUATION CRITERIA (Best Value or Lowest cost)

Authorized User must indicate the Method of Award to be used for the procurement as either best value or lowest cost. If Contractor’s bid is evaluated on the basis of Best Value, the bid that “optimizes quality, cost, and efficiency among the responsible and responsive bidders” shall be selected for award. (State Finance Law, Article 11, Section 163) The Contractor(s) bid(s) must meet all the technical and non-technical Authorized User's optional requirements that are part of the evaluation. (Refer to Evaluation and Selection).

Mini-bids may also be evaluated on the basis of lowest cost.

5.1. EVALUATION AND SELECTION

A. Evaluation Criteria (best value) - (Note: EO 127 requirements apply)1) The Technical and Financial components of the bids shall be evaluated separately bearing the weight assigned

by Authorized User:

a) Technical Component = [XX%]

b) Financial Component = [XX%]

2) All Mini-bids deemed responsive to the bid criteria shall be ranked based upon the combined evaluations

received for the Technical and Financial components of the bids. NOTE: Percentage totals equal 100%.

NOTE: Suggested relative weights for evaluating best value contracts may vary from 60 points for the Technical

Requirements, and 40 points for the Cost to 70/30 if the service required by your agency is highly technical in nature.

Consult the Procurement Council Procurement Guidelines (http://www.ogs.state.ny.us/procurecounc/default.asp) for

suggestions on how to assign evaluation criteria.

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B. Technical Component = [XX%] of the Evaluation RatingMini-bid Evaluation and Criteria/WeightAn example of a Technical Evaluation may be organized as follows:

1) Overall Effectiveness and Ease of Implementation, Operation, and Maintenance =[XX%] of the Evaluation Rating – A score from 1 to 3 will be assigned to take into account the technical requirements. Examples of score ratings are:

1 = meets minimum requirements

2 = exceeds minimum requirements

3 = substantially exceeds minimum requirements

Examples of technical requirements may include but not be limited to:

Resource commitment and level of staff available to meet the Authorized User's requirements

Timeline for assigning guards to site Procedures to provide backup guards Number of guards available for duty Value-add to the Authorized User Additional criteria as desired

Insert the technical optional requirements from Exhibit 2 - Technical Optional Requirements as deemed necessary.

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C. Financial Component = [XX%] of the Evaluation Rating

Example of a Best Value Cost DeterminationFORMULA

COLUMN A MULTIPLIED BY

COLUMN B = COLUMN C

COLUMN A COLUMN B COLUMN C

REQUIREMENTS ESTIMATED MONTHLY

GUARD HOURS

REQUIRED

RATE COST

GUARD LEVEL ONE

(HOURLY RATE)

___________ $__________

Hourly Rate*

$__________

GUARD LEVEL TWO

(HOURLY RATE)

___________ $__________

Hourly Rate*

$__________

MONTHLY VEHICLE RATE

(IF REQUIRED)

N/A $__________

Monthly Rate*

$__________

EQUALS TOTAL COST $__________

*ALL BIDS RECEIVED SHALL NOT EXCEED THE CURRENT BACKDROP CONTRACT RATES.

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[INSERT AUTHORIZED USER] shall award the contract based upon evaluation of all aspects of the project according to the needs of the user and the best interests of the State. The award shall go to the bidder whose proposal provides the best value as determined by the Authorized User. If two offers are found to be substantially equivalent, price shall be the basis for determining the award recipient. The basis for determining the award shall be documented in the procurement record.

D. Evaluation Criteria (lowest cost) COST = [100% ] of the Evaluation Rating (NOTE: EO 127 requirements do not apply.)

User Agency may also elect to award on the basis of lowest cost. Award based on lowest cost is evaluated on the basis of the Backdrop contractor meeting the agency’s requirements at the lowest cost.

CONTRACT NO. CMS_____________ (To be completed by Agency)

E. CONTRACT INSURANCE REQUIREMENTS

Mini-Bid Contracts Insurance Requirementsa) Commercial General Liability Insurance with a limit of not less than $2,000,000 each occurrence. Such

liability shall be written on the ISO occurrence form CG 00 01, or a substitute form providing equivalent coverages and shall cover liability arising from premises operations, independent Contractors, products-completed operations, broad form property damage, personal & advertising injury, cross liability coverage, liability assumed in a contract (including the tort liability of another assumed in a contract) and explosion, collapse & underground coverage.

b) Workers Compensation, Employers Liability, and Disability Benefits as required by New York State. If employees will be working on, near or over navigable waters, US Longshore and Harbor Workers Compensation Act endorsement must be included.

c) Comprehensive Business Automobile Liability Insurance with a limit of not less than $2,000,000 each accident is required if automobiles will be used by the contractor, its employees, agents or subcontractors in conjunction with the contract. Such insurance shall cover liability arising out of any automobile including owned, leased, hired and non-owned automobiles.

Authorized Users shall in the Project Definition, request evidence of current insurance coverage of all Contractors submitting Mini-bids, in the amounts and type set forth above, and shall request a statement from the bidders that they will, within thirty days of Mini-bid Award, provide a certificate of such insurance naming the Authorized User as a certificate holder for such insurance which will insure against claims arising out of the negligent, wrongful and intentional acts, errors or omissions of the employees, agents and representatives of Contractor pursuant to the mini-bid contract. Such insurance shall in no event be construed for any purpose so as to make contractor or the insurer of such policies liable for negligent (joint, concurrent, independent or individual) acts errors or omissions of the Authorized Users or its employees.

All insurance required by the Authorized User shall be obtained at the sole cost and expense of the Contractor; shall be maintained with insurance carriers acceptable to the Authorized User; shall be primary and non-contributing to any insurance or self insurance maintained by Authorized User; shall be endorsed to provide written notice be given to the Authorized User, at least thirty (30) days prior to the cancellation, non-renewal, or material alteration of such policies, which notice, evidenced by return receipt of United States Certified Mail; shall be sent to the Authorized User and shall name the Authorized User, its officers, agents, and employees as certificate holder’s there under as an certificate holder limited to claims arising out of the acts, errors or omissions of the employees, agents and representatives of Contractor.

The Contractor shall be solely responsible for the payment of all deductibles and self-insured retentions to which such policies are subject. Authorized User must approve deductions and self-insured retentions. Such approval shall not be unreasonably withheld.

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The Contractor shall require that any subcontractors hired, carry insurance with the same limits and provisions provided herein.

Each insurance carrier must be rated at least “A-” Class “VII” in the most recently published Best’s Insurance Report. If, during the term of the policy, a carrier’s rating falls below “A-” Class “VII”, the insurance must be replaced no later than the renewal date of the policy with an insurer acceptable to Authorized user and rated at least “A-” Class ”VII” in the most recently published Best’s Insurance Report.

* Authorized Users shall require documentation that contractor meets the Insurance Requirements referenced in the Backdrop Contract. If contractors policy includes a deductible, information relative to the deductible amount is to be provided to the Authorized.

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EXHIBIT 1

THE MINI-BID CHECKLIST

CHECKLIST ITEM ACTION TO BE TAKEN

Identify geographic region for bid Determine contractor eligibilityProject definition developed Distribute to appropriate Backdrop

ContractorsInclude: Attachment 4 - Bidder disclosure form (Procurement lobbying) Attachment 5 - Corporate acknowledgement form Attachment 6 - Contractor disclosure of contacts (EO127) Attachment 7 – Article 15 (a) 5.1.E – Contract Insurance RequirementsProject Selection / Award Does the selected contractor:1. Meet all the technical, mandatory, and optional requirements described in

the project definition?If NO, bid must be rejected.

2. Meet all of the other mandatory requirements stated in the Backdrop contract and project definition?

If NO, bid must be rejected.

3. Did contractor provide a statement that they will within 30 days of Mini-bid award provide a certificate of compliance with insurance.

4. Did the contractor proposed bid rates that do not exceed the backdrop, maximum not-to-exceed contract prices for the guard levels and vehicle?

5. Has contractor provided current insurance certificates, licenses, etc. Work cannot begin until documentation is received and verified to be accurate If YES to items 1-5, advance to the next step.

6. Is total value of project greater than your discretionary limit? Award must go to OSC.Include the following documents in your submission to OSC:

1. Fully encumbered AC-3402. If award is best value use batch type TBV3. If award is based on cost alone use batch type TBP4. Project Definition5. Copy of any questions/responses developed during inquiry

phase6. Bidders List7. Bid tabulation and Affidavit form8. Statement that bids do not exceed the hourly rates submitted

under Backdrop Contract.9. Awarded Bid 10. Justification Letter (if applicable)11. Agency's authorized signatures 12. Procurement Record Checklist13. Forward copies of Attachment 4, 5, 6, 7 and section 5.1.E

OSC returns AwardProject Commencement Date Selected by User Agency & Contractor Prepare Project Award Notification. Issue an Award Letter notifying contractor project work may begin

Submit to awarded contractor

NOTE: If method of award is best value, include EO127 requirements. This information is available on the OGS Website at:

http://www.ogs.state.ny.us/legal/ExeOrder127/modellang.asp

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EXHIBIT 2

TECHNICAL OPTIONAL REQUIREMENTS

Optional requirements an Authorized User may specify in a Mini-bid project definition for guard levels one and two.Authorized User may add or amend any or all of the optional requirements as deemed necessary to meet the Authorized User’s site-specific requirements provided the additions are within the scope of the Backdrop Contract.

GUARD LEVELS 1 AND 2

OPTIONAL REQUIREMENTS AUTHORIZED USER'S REQUIREMENTS

1. Copy of satisfactory (negative) drug test result either through a urine sample or mouth swab (oral fluid) for, at a minimum, marijuana, cocaine, opiates, amphetamines, and phencyclidine, meeting Substance Abuse and Mental Health Services Administration (SAMHSA) standardized cut-off levels. Tests shall be performed within the sixty (60) day time period prior to the initial assignment of each guard by the Contractor under the Backdrop Contract or as determined by the Authorized User as part of the Mini-bid award.

YES NO

2. Random drug testing which may be conducted once by the Contractor within each twelve (12) month period after original assignment for all guards assigned, for a minimum of the above listed drug classes. These additional tests would be at the expense of the Contractor and limited to one additional test per guard per year. If an Authorized User requests further drug screen testing, Contractor shall have such tests performed at the Authorized User’s expense. Contractor shall reimburse Authorized User for costs associated with each positive result.

YES NO

3. Guard company shall maintain a copy of guard's I-9 Employment Eligibility Form in the guard file.

YES NO

4. Guard shall document completion of a high school degree or General Equivalency Diploma (GED)..

YES NO

5. Medical exam performed within one year prior to assignment under the Mini-Bid Contract evidencing a medical exam of the guard, and attesting to the fitness of the guard to perform the essential duties of the position.

YES NO

6. Valid current New York State driver’s license YES NO

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7. Background Investigations for all guards assigned to site to include any or all of the following:

Three-year prior employers check. Criminal records check for all out of state

previous employment. Minimum of two personal reference checks. Credit check, or Any additional background checks (at expense

of Contractor) as deemed necessary by the Authorized User and identified in the Project Definition. (e.g. psychological or integrity testing).

YES NO

8. Radio-equipped vehicle Agency requests a vehicle is provided for a

guard’s use, the Contractor shall provide a radio-equipped vehicle adequate for external patrol of the facilities. A walkie-talkie may be used in place of a radio. The Contractor shall maintain the vehicle in good repair and all insurance and licenses mandated by New York State Law shall be kept current and fees for such shall be the responsibility of the Contractor. Vehicle repairs, gas, oil, tires, etc. shall be provided by the Contractor.

YES NO

9. LEVEL 2 ONLY: Authorized Users may require additional training beyond the required Department of State training. Training specified may include but not be limited to: Authorized Users specifying number of

hours of site-specific training (either on the job or in the classroom) completed within thirty days of assignment.

Authorized Users may include any additional site-specific training requirements deemed necessary. Cost of any additional training to be incurred by Contractor.

YES NO

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REGIONAL LISTING

Outlined below are the various regions and the counties within each region. Regions are further divided into Districts. Contractor shall be paid at the hourly rate awarded as a result of a Mini-bid for the county within which the facility resides.

DISTRICT 1 -LONG ISLAND/NEW YORK CITY

Region 1 -Nassau and Suffolk CountiesRegion 2 -Bronx, Kings, New York, Queens and Richmond Counties

DISTRICT 2 -HUDSON VALLEY

Region 3 -Orange, Putnam, Rockland and Westchester Counties Region 4 -Dutchess, Sullivan and Ulster Counties

DISTRICT 3 -CAPITAL DISTRICT

Region 5 -Albany, Columbia, Greene, Rensselaer and Schenectady CountiesRegion 6 -Saratoga, Warren and Washington Counties

DISTRICT 4 -ADIRONDACK

Region 7 -Clinton, Essex, Franklin and Hamilton CountiesRegion 8 -Jefferson, Lewis and St. Lawrence Counties

DISTRICT 5 -MOHAWK VALLEY/CENTRAL NEW YORK

Region 9 -Fulton, Herkimer, Madison, Montgomery, Oneida and Schoharie CountiesRegion 10 -Cayuga, Cortland, Onondaga and Oswego Counties

DISTRICT 6 -SOUTHERN TIER

Region 11 -Broome, Chenango, Delaware, Tioga and Tompkins CountiesRegion 12 -Chemung, Otsego, Schuyler and Steuben Counties

DISTRICT 7 -FINGER LAKES

Region 13 -Ontario, Seneca, Wayne and Yates CountiesRegion 14 -Genesee, Livingston, Monroe, Orleans, and Wyoming Counties

DISTRICT 8 -WESTERN NEW YORK

Region 15 -Allegany, Cattaraugus, Chautauqua, Erie and Niagara Counties

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ATTACHMENT 4

BIDDER/OFFERER DISCLOSURE FORM(PROCUREMENT LOBBYING)

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BIDDER/OFFERER DISCLOSURE FORMIf you have checked yes on the Renewal Information, you must complete the acknowledgment below:

1. BIDDER/OFFERER DISCLOSURE OF PRIOR NON-RESPONSIBILITY DETERMINATIONS Pursuant to Procurement Lobbying Law (SFL §139-j)(a) 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?Yes No

If yes, please answer the following question:(b) Was the basis for the finding of non-responsibility due to a violation of State Finance Law

§139-j? Yes No

(c) If “Yes” was the basis for the finding of non-responsibility due to the intentional provision of false or incomplete information to a governmental entity?

Yes NoIf “Yes”, please provide details regarding the finding of non-responsibility:

Governmental Entity:Date of Finding of Non-Responsibility:Basis of Finding of Non-Responsibility (attach additional sheets if necessary):

(d) Has any 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?

Yes NoIf yes, provide details:Governmental Entity: Date of Termination or Withholding of Contract:

Basis of Termination or Witholding: (add additional pages if necessary)

2. CONTRACTOR DISCLOSURE OF PRIOR NON-RESPONSIBILITY DETERMINATIONS – EO 127 :Within the past five years has your firm, any affiliate, any predecessor company or entity, owner, director, officer, partner or proprietor been the subject of a finding of non-responsibility by an agency or authority due to the intentional provision of false or incomplete information as required by Executive Order 127?

Yes NoIf yes, please provide details (covered agency, year and basis) for such finding.

3. TERMINATION CLAUSE: If found to be in violation of Executive Order 127, the contract will result in termination according to Article 59(c) of Appendix B General Specifications (Commodities and Non-Technology Services) or Appendix B-1 General Specifications (Technology Products and Services) dated January 2004. I agree

Name of Contractor’s Firm/Company:

Contractor Address:

Contractor’s signature:I understand that my signature represents that I am signing and responding to all three certifications listed above

Print Name:Occupation of Person signing this form:

Email Address:

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ATTACHMENT 5

CORPORATE ACKNOWLEDGEMENT FORM

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CORPORATE ACKNOWLEDGMENT FORM

The acknowledgment must be fully and properly executed by an authorized person. By signing you certify your express authority to sign on behalf of yourself, your company, or other entity and full knowledge and acceptance of this INVITATION FOR BIDS, Appendix A (Standard Clauses For New York State Contracts), Appendix B (OGS General Specifications), Executive Order 127 (Procurement Disclosure) and State Finance Law §139-j and §139-k (Procurement Lobbying), and that all information provided is complete, true and accurate. By signing, bidder affirms that it understands and agrees to comply with the OGS procedures relative to permissible contacts as required by State Finance Law §139-j (3) and §139-j (6) (b). Information may be accessed at:

Executive Order 127: http://www.ogs.state.ny.us/aboutOgs/regulations/defaultProcurement.html Procurement Lobbying: http://www.ogs.state.ny.us/aboutOgs/regulations/defaultAdvisoryCouncil.htm

INDIVIDUAL, CORPORATION, PARTNERSHIP, OR LLC ACKNOWLEDGMENT

STATE OF : SS.:

COUNTY OF

On the ____ day of ___________________ in the year 20 __ , before me personally appeared _______________________________________ , known to me to be the person who executed the foregoing instrument, who, being duly sworn by me did depose and say that _he resides at _____________________________________________________________, Town of ______________________________________________ , County of _______________________________ , State of ______________________________ ; and further that:

[Check One]

( If an individual): _he executed the foregoing instrument in his/her name and on his/her own behalf.

( If a corporation): _he is the _________________________________ of ____________________________________ , the corporation described in said instrument; that, by authority of the Board of Directors of said corporation, _he is authorized to execute the foregoing instrument on behalf of the corporation for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said corporation as the act and deed of said corporation.

( If a partnership): _he is the ________________________________ of ___________________________________, the partnership described in said instrument; that, by the terms of said partnership, _he is authorized to execute the foregoing instrument on behalf of the partnership for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said partnership as the act and deed of said partnership.

( If a limited liability company): _he is a duly authorized member of ________________________________, LLC, the limited liability company described in said instrument; that _he is authorized to execute the foregoing instrument on behalf of the limited liability company for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said limited liability company as the act and deed of said limited liability company.

Notary PublicRegistration No. State of:

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ATTACHMENT 6

CONTRACTOR DISCLOSURE OF CONTACTS FORM(EO127)

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CONTRACTOR DISCLOSURE OF CONTACTS FORM(Form 1)

This form shall be completed and submitted in accordance with Executive Order Number 127 (EO 127). Failure to complete and submit this form shall result in a determination of non-responsiveness and termination of the contract award. If at the time of submission of this form, the specific name of a person authorized to attempt to influence a decision on your behalf is unknown, you agree to provide the specific person’s information when it is available. You also agree to update this information throughout the term of any contract awarded to your company pursuant to this award.

Provide the foregoing information for each person or organization retained, employed or designated by or on behalf of the Contractor to attempt to influence the procurement process:

For information on Executive Order 127 please see:http://www.ogs.state.ny.us/aboutogs/regulations/defaultProcurement.html

Name of Contractor:Address:Address:City: State: Zip:Person Submitting This Form:Name:Title:Date: Product or Service:

Is this an initial filing in accordance with Section II, paragraph 1 of EO 127 or an updated filing in accordance with Section II, paragraph 2 of EO 127?:

Initial Filing Updated Filing

The following person or organization was retained, employed or designated by or on behalf of the Contractor to attempt to influence the procurement process:

Name:Occupation:Company:Address1:Address2:City:State: Zip: Country:Telephone Number:

Does the above named person or organization have a financial interest* in the procurement?:Yes No

*For a definition of "financial interest" please see the EO127 at: http://www.gorr.state.ny.us/eo127_fulltext.htm

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ATTACHMENT 7

ARTICLE 15 A

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CONTRACTOR’S REQUIREMENT UNDER ARTICLE 15-A

In July of 1988, Article 15-A of the Executive Law was passed by the New York State Legislature. This legislation provides specific rules, regulations and procedures for minority and women-owned enterprise participation in certain State contracts.

The Office of General Services (OGS) is required to implement the provisions of Article 15-A for all of its contracts (1) in excess of $25,000 for labor, services, supplies, equipment, materials, or any combination of the foregoing and (2) for contracts in excess of $100,000 for real property renovation and construction. For purposes of this contract, OGS hereby establishes a goal of two (2)% for minority business enterprises (MBE) participation and three (3) % for women-owned business enterprises (WBE) participation.

In order to be awarded an OGS contract, every bidder must comply with the requirements, rules and regulations outlined in Article 15-A.

POLICY AND PROVISIONS

It is the policy of the State of New York to promote equality of economic opportunity for minority and women-owned business enterprises (M/WBE's) in State contracting. In order to comply with the State’s objectives, the Contractors shall use “good faith efforts” to provide meaningful participation by M/WBE subcontractors or suppliers in the performance of this contract.

For the purpose of determining a Contractor’s good faith effort to comply with the requirements of Article 15-A or to be entitled to a waiver therefrom, the contracting agency shall consider:

(a) Whether the Contractor has advertised in general circulation media, trade association publications, minority-focus and women-focus media. In such event,

(i) whether or not certified minority or women-owned businesses which have been solicited by the Contractor exhibited interest in submitting proposals for a particular project by attending a pre-bid conference; and

(ii) whether certified businesses which have been solicited by the Contractor have responded in a timely fashion to the Contractor’s solicitations for timely competitive bid quotations prior to the contracting agency’s bid date; and

(b) Whether there has been written notification to appropriate certified businesses that appear in the Directory of Certified M/WBE prepared pursuant to paragraph (f) of subdivision three of section three hundred eleven of this article; and

(c) Whether the Contractor can reasonably structure the amount of work to be performed under subcontracts in order to increase the likelihood of participation by certified businesses.

A. GOALS - The MBE and WBE participation goals as stated earlier are based on the availability of M/WBE's currently certified by New York State and geographically located to be able to perform the work in the region where the project is located. The total dollar value of the contract, scope of work, the supplies and equipment necessary to perform the project, are also considerations used to determine the percentage goals.

B. UTILIZATION - The Contractor may count as M/WBE participation: subcontracting part of the contract to certified contractors or purchasing supplies and equipment used to perform the terms and conditions of the contract from certified contractors.

Upon a showing by the Contractor of every good faith effort to achieve the goal for M/WBE participation in the work, the State will waive a Contractor’s failure to achieve the goal M/WBE participation.

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C. MINORITY AND WOMEN-OWNED BUSINESS OFFICER - The Contractor shall designate an Affirmative Action officer and assign the officer the responsibility and authority to monitor the M/WBE program for this contract. The OGS’ Office of Minority and Women-owned Business Enterprises’ staff is available to help in identifying certified M/WBE's.

D. REQUIRED REPORTS - The Contractor is required to submit a Utilization Plan (BDC-328) to the NYS Office of General Services within five (5) days after the opening of bids for construction contracts exceeding $100,000 and 14 days after notification of award for commodity and service contracts exceeding $25,000. The Contractor must also submit the MBE/WBE Letter of Intent to Participate (BDC-49). The Letter MBE/WBE of Intent to Participate is a commitment by the Contractor and the subcontractor/supplier that the terms and conditions for M/WBE participation on this contract are agreed to. Any modifications or changes to the agreed participation by certified M/WBE's, over the term of the contract, must be reported on a revised Utilization Plan.

E. NONDISCRIMINATION - The Contractor agrees not to discriminate on the basis of race, creed, color, national origin, gender, age, disability, or marital status, in any respect, against any potential subcontractor, supplier, other company, firm, or enterprise in any manner relating to the performance of this contract.

POST AWARDThe Contractor must submit to the Office of Minority and Women-owned Business Enterprises after notification of award, the following forms, by the 10th day of each month:

(BDC-58) Cumulative Monthly Payment Statements(BDC-25) Monthly Affirmation of Income Payments

All questions regarding compliance to article 15-A requirements or copies of the forms should be addressed to:New York State Office of General ServicesOffice of Minority and Women-owned Business Enterprises35th Floor, Room 3580Corning Tower BuildingEmpire State PlazaAlbany, NY 12242

The telephone numbers and addresses for New York State Department of Economic Development are as follows:New York State Department of Economic DevelopmentDivision for Small Business30 South Pearl St. -- 7th FloorAlbany, NY 12245Telephone: (518) 292-5220

New York State Department of Economic DevelopmentDivision of Minority and Women’s Business Development30 South Pearl St. -- 2nd FloorAlbany, NY 12245Telephone: (518) 292-5220