BID/INQUIRY RESPONSE FORM PLEASE READ AND RETURN IMMEDIATELY
5777 Lewiston Road Lewiston, New York 14092 Attention: Grant Johnston
Collective #: N1420089242GJ Title: Transmitters/Receivers & Multiplexer Bid Due Date: 07/30/2014
RESPONSE (CHECK One) __ Yes, we will submit a proposal for the above Bid/Inquiry. __ No, we are unable to submit a proposal at this time. REASON(S) FOR NOT BIDDING (Check all applicable boxes) __ Not our scope of work. __ Present work load too heavy at this time. __ Scope of work too small. __ Scope of work too large. __ Not enough time to bid. How much more time needed? _________________ __ Specification requirements too stringent (Please explain on separate paper). __ Commercial requirements too stringent (Please explain on separate paper). __ Contract Reporter notification received too late to respond. Date Received _________________. __ Unable to meet Bond Requirements. __ Unable to meet Insurance Requirements. __ Unable to submit a competitive bid at this time. __ Key personnel unavailable at this time. __ Cannot meet Delivery or Schedule Requirements. __ Lack of experience. __ Other (Please Explain). _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ IF YOU ARE UNABLE TO SUBMIT A BID, DO YOU WISH TO RECEIVE FUTURE SOLICITATIONS FROM THE NEW YORK POWER AUTHORITY? ___ YES ___ NO Name ________________________________________ Company_______________________________________ (Please Print)
Date__________________________________________ Telephone No.___________________________________
(Mail or Fax this form to FAX No. (716) 286-6054)
SEND YOUR QUOTATION TO: NEW YORK POWER AUTHORITY Attn: Purchasing / NIAGARA 5777 LEWISTON RD LEWISTON, NEW YORK 14092
THIS IS NOT A PURCHASE ORDER BIDDER MUST SUBMIT QUOTATION ON THIS FORM
_______________________________________________________________________
REQUEST FOR QUOTATION RFQ number/date
TO ALL BIDDERS . . . NY 14305
6000150850 / 07/08/2014 E-Mail Address
[email protected] Your vendor number with us
100
Delivery Point: NIAGARA POWER PROJECT NEW YORK POWER AUTHORITY 4750 WITMER RD NIAGARA FALLS NY 14305
Our fax number
716-286-6054
Quotation Due by Close of Business: 07/30/2014 Delivery date : 09/02/2014
Deliv. terms: FOB DESTINATION FREIGHT INCLUDED Payt. terms: NET DUE WITHIN 30 DAYS TITLE: TRANSMITTERS/RECEIVERS & MULTIPLEXER PLEASE REFERENCE N14-20089242GJ ON ALL BID DOCUMENTS. The New York Power Authority (The "Authority" or "NYPA") is seeking proposals from qualified bidders to furnish and deliver two (2) Transmitters/Receivers and One (1) Multiplexer, as described in the bid documents. Bidders are hereby cautioned to make use of the New York Power Authority's website at www.nypa.gov in order to obtain current and complete bid documents, bid addenda, post-bid addenda and related notices. Bidders obtaining bid documents from sources other than NYPA's website do so at their own risk. Incomplete bid responses may be rejected by the Authority. To find the bid documents at the website Select Site: NIAGARA Category: ELECTRICAL & ELECTRONIC EQUIPMENT PRODUCTS RESTRICTED PERIOD The Authority's designated contact person during the formal bid period is the undersigned (John Briggs, Grant Johnston, or Judy Fitzpatrick). No other Authority personnel is authorized to receive, initiate or communicate information of any kind regarding this RFQ during the
SEND YOUR QUOTATION TO: NEW YORK POWER AUTHORITY Attn: Purchasing / NIAGARA 5777 LEWISTON RD LEWISTON, NEW YORK 14092
THIS IS NOT A PURCHASE ORDER BIDDER MUST SUBMIT QUOTATION ON THIS FORM
_______________________________________________________________________ TO ALL BIDDERS . . . NY 14305
RFQ number/date
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"restricted period". All inquiries regarding this RFQ must be directed to the undersigned. Failure of prospective bidder to fully comply with this requirement may result in the rejection of its bid proposal. If there are any questions regarding this RFQ, under §§ 139-J and 139-K of the State Finance Law (SFL), all questions Must be directed in writing to: Mr. John Briggs, Purchasing Manager, Mr. Grant Johnston, Assistant Purchasing Manager, or to Mrs. Judy Fitzpatrick, Purchasing Clerk, Niagara Project - New York Power Authority 5777 Lewiston Road Lewiston, NY 14092 E-mail:
[email protected] Bidder must direct all inquiries regarding this RFQ to the above designated contact persons, only. Failure to comply with this requirement may jeopardize your proposal which may result in its rejection. Answers to all questions of a substantive nature will be given to all bidders by return email, or if required, by a formal addendum, which will be annexed to and become part of the ensuing contract. Last day to submit questions is stated under IMPORTANT DATES. The Authority reserves the right to cancel the contract for convenience or cause at any time during the contract period. IMPORTANT DATES: BID DOCUMENTS POSTED ON WEBSITE......................07/09/2014 LAST DAY FOR QUESTIONS...............................07/29/2014 BIDS DUE (3:00PM)....................................07/30/2014 APPROXIMATE AWARD....................................08/06/2014 APPROXIMATE DELIVERY.................................09/02/2014
ATTACHMENTS: . APPENDIX "A" - Additional requirements shall be completed and returned to the Authority. APPENDIX "B" - is hereby incorporated into the Contract.
SEND YOUR QUOTATION TO: NEW YORK POWER AUTHORITY Attn: Purchasing / NIAGARA 5777 LEWISTON RD LEWISTON, NEW YORK 14092
THIS IS NOT A PURCHASE ORDER BIDDER MUST SUBMIT QUOTATION ON THIS FORM
_______________________________________________________________________ TO ALL BIDDERS . . . NY 14305
RFQ number/date
Page
6000150850 / 07/08/2014
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APPENDIX "E" - Omnibus Procurement Act of 1992 Requirements are hereby incorporated into the Contract and the Geographic Origin Form (Attachment 1) and other appropriate forms shall be completed and returned to the Authority. APPENDIX "G" - Equal Employment Opportunities Requirements are hereby incorporated into the Contract. Your EOO Policy Statement, Staffing Plan and Total Work Force information shall be furnished to the Authority. APPENDIX "J" - Bidder / Contractor Compliance with State Finance Law Subsections 139-J and 139-K Providing for Certain Procurement Disclosures is hereby incorporated into the Contract. Included Forms J-1, J-2 and J-3 shall be completed and returned to the Authority. APPENDIX "N" - NYS Iran Divestment Act of 2012, is hereby incorporated into the Contract. Contractor Certification of Compliance shall be completed and returned to the Authority. APPENDIX "O" - Encouraging use of New York State Business in contract performance. BID/INQUIRY RESPONSE FORM Please acknowledge receipt of this Request for Quotation, stating whether or not you intend to submit a proposal by IMMEDIATELY returning the enclosed "Bid/Inquiry Response Form" QUALIFICATIONS - Receipt of these bid documents does not indicate that the New York Power Authority ("Authority") has pre-determined your company's qualifications to receive a contract award. Such determination will be made after the bid opening and will be based on our evaluation of your bid submission compared to the specific requirements and qualifications contained in these bid documents. Please include a list of references and recent jobs with your quote. Your proposal shall be submitted in accordance with the following requirements: BID PREPARATION - Prepare your bid on this Request for Quote, using indelible ink. An original and one (1) copy of your proposal is to be submitted by the bid due date.
SEND YOUR QUOTATION TO: NEW YORK POWER AUTHORITY Attn: Purchasing / NIAGARA 5777 LEWISTON RD LEWISTON, NEW YORK 14092
THIS IS NOT A PURCHASE ORDER BIDDER MUST SUBMIT QUOTATION ON THIS FORM
_______________________________________________________________________ TO ALL BIDDERS . . . NY 14305
RFQ number/date
Page
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BID DEVIATIONS - If your bid differs from the specifications explain such deviation(s) or qualification(s); and if necessary, attach a separate sheet. BID DELIVERY - Bidders assume all risks for timely, properly submitted deliveries. Bidders are strongly encouraged to arrange for delivery of bids to the Authority prior to the date of the bid opening. LATE BIDS will be rejected. NOTE: If mailing bid package via the United States Postal Service, send to: New York Power Authority 5777 Lewiston Road Lewiston, NY 14092 ANY other delivery service ( ex: Federal Express, United Parcel Service UPS, etc.) or hand deliveries: New York Power Authority 4750 Witmer Road Niagara Falls, NY 14305 BIDS may be received via fax or email subject to the Procurement Representative obtaining a signed hardcopy of the Bid Proposal within a reasonable time after receipt of the faxed or emailed Bid Proposal. Any significant discrepancies between the faxed or emailed Bid Proposal and the hardcopy may be grounds for rejection or disqualification of the Bid Proposal, if appropriate. FAX 716-286-6054 EMAIL
[email protected] BID ENVELOPES - An envelope containing a bid should be marked "Bid enclosed for Collective Number N14-20089242GJ Bid Due Date: 07/30/2014." Failure to complete all information on the bid envelope may necessitate the premature opening of the bid and may compromise confidentiality. HAND DELIVERIES - must deliver bids to the Main Warehouse and NOT to the Security Department. The Main Warehouse is located at 4750 Witmer Road, Niagara Falls, NY. Bidders assume all risks for timely, properly submitted deliveries. Delivery must be made by 3:00PM.
SEND YOUR QUOTATION TO: NEW YORK POWER AUTHORITY Attn: Purchasing / NIAGARA 5777 LEWISTON RD LEWISTON, NEW YORK 14092
THIS IS NOT A PURCHASE ORDER BIDDER MUST SUBMIT QUOTATION ON THIS FORM
_______________________________________________________________________ TO ALL BIDDERS . . . NY 14305
RFQ number/date
Page
6000150850 / 07/08/2014
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NOTE: The Authority reserves the right to award a contract to one or more responsive and responsible bidders, if multiple contracts are the most practical and economic alternative and are in the best interest of the Authority. All expenses incurred by you in preparation of your proposal will be to your account. The right is reserved to reject any or all proposals. Please provide prices to furnish and deliver (FOB DESTINATION - FREIGHT PAID) the items shown below. Items shall be NEW, not refurbished. If you are unable to meet the delivery date shown on this RFQ, please submit a bid showing the best delivery ARO available. _________________________________________________________________________ Item
Material RFQ quantity
Unit
Unit Price
Extended Price
_________________________________________________________________________ 00001 1 EACH
$____________$____________
RFL 9780 FSK POWER LINE CARRIER TRANSMITTER/RECEIVER, 48 TO 125 VDC SUPPLY, 10 W, 165 TO 392 KHZ, 125 VDC RELAY I/O VOLTAGE, 500HZ RECEIVE BANDWIDTH, FOUR (4) PORTS WITH X-HYBRID AND SKEWED HYBRID, WITH SOE MODULE PART # 9780TR1325G1Z ITEM MUST MATCH RFL PRODUCT CODES: SO: 169920 PO: 4500141802 PN: CD543771 SN: 07240051
00002 1 EACH
$____________$____________
RFL 9780 FSK POWER LINE CARRIER TRANSMITTER/RECEIVER, 48 TO 125 VDC SUPPLY, 10 W, 65 TO 156 KHZ, 125 VDC RELAY I/O VOLTAGE, 500 HZ RECEIVE BANDWIDTH, THREE (3) PORTS NO HYBRID, WITH SOE MODULE PART #: 9780TR1225C1Z ITEM MUST MATCH RFL PRODUCT CODES: SO: 169920 PO: 4500141802 PN: CD543771 SN: 07240051
SEND YOUR QUOTATION TO: NEW YORK POWER AUTHORITY Attn: Purchasing / NIAGARA 5777 LEWISTON RD LEWISTON, NEW YORK 14092
THIS IS NOT A PURCHASE ORDER BIDDER MUST SUBMIT QUOTATION ON THIS FORM
_______________________________________________________________________ TO ALL BIDDERS . . . NY 14305
RFQ number/date
Page
6000150850 / 07/08/2014
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_________________________________________________________________________ Item
Material RFQ quantity
Unit
Unit Price
Extended Price
_________________________________________________________________________ 00003 1 EACH
$____________$____________
RFL IMUX T1 MULTIPLEXER, WITH TWO (2) CM-4C COMMON MODULES, ONE DS562NC SYCHRONOUS DATA CHANNEL MODULE WITH SHORT HAUL FIBER INTERFACE MA-620, AND ONE (1) DA-291B DATA CHANNEL MODULE WITH INTERFACT MA-420. 1 (QUANTITY) - PS-9547-18804 1 (QUANTITY) - MA 270R 3 (QUANTITY) - MA 621 3 (QUANTITY) - MA 301A ITEM MUST MATCH RFL PRODUCT CODES: SO: 180455 PO: 2012121402 PN: CD63066 SN: 13049078
. BIDDER CONTACT INFORMATON: . TELEPHONE ___________________________________ . FAX ___________________________________ . EMAIL ___________________________________ . COMPANY NAME _________________________________ . NAME ___________________________________ . PLEASE RETURN One (1) original and one (1) copy of the following: ____ THIS SIGNED RFQ ____ Signed Appendix A ____ Completed Appendix E Completed Appendix G requirements ____ EEO Policy Statement ____ Name of EEO Officer ____ Staffing Plan ____ Completed Appendix J ____ Completed Appendix N ____ Completed Appendix O
THE FOLLOWING CONDITIONS SHALL APPLY TO THIS PRICE INQUIRY EXCEPT AS OTHERWISE MODIFIED ON THE FACE OF SUCH INQUIRY
1. TERMS AND CONDITIONS. All terms and conditions of this order are set forth on this and any attached sheet or sheets, and include all the provisions on each side thereof; no terms, conditions or provisions other than those so set forth or specifically incorporated in this order by reference on this or an attached sheet shall be binding upon the Authority unless subsequently accepted by it in writing, The words "Vendor" and "Contractor" as used in this Purchase Order shall refer to the party or parties entering into this Purchase Order with the Authority. 2. WORKERS COMPENSATION LAW. The Vendor specifically agrees, as required by the New York State Finance Law, Section 142, that; (a) He will secure workers compensation and keep insured during the life of this order for the benefit of such employees as are required to be insured by the provisions of Chapter 41 of the Laws of 1914, as amended, known as the Workers Compensation Law, and (b) This order shall be void and of no effect unless the Contractor complies with this provision. 3. NEW YORK STATE LABOR LAW. Vendor specifically agrees that in performing the work under this Purchase Order he will comply with all applicable provisions of the New York State Labor Law, including but not limited to those as to hours of and rate of pay for employment. 4. WARRANTY. Acceptance by the Vendor of this order shall constitute an express warranty by Vendor that all articles covered hereby are fit for the purpose intended, of first class quality, and in every respect according to description or sample. Any defects in materials or workmanship or other failure to meet requirements of the specifications which are disclosed prior to final payment, or prior to acceptance by the Authority, whichever occurs at the later date, shall, if so directed by the Engineer, be corrected entirely at the expense of the Vendor. Any latent defects not disclosed before date of final payment or date of acceptance, whichever is the later date, but disclosed within one year after the articles, materials or supplies shall have been placed in use, shall be corrected promptly by and at the expense of the Vendor, or at the Authority's option by the Authority at the expense of the Vendor, except that the cost of installing replacement parts will be borne by the Authority; provided that the total period during which the Vendor is liable for replacement due to latent defects shall not exceed 24 months after date of complete delivery of the materials or equipment. Acceptance or use of articles by the Authority shall not constitute a waiver of any claim under this warranty. 5. ASSIGNMENT. The Vendor shall not assign, transfer, convey, sublet, or otherwise dispose of this order or of his right, title or interest therein, or his power to execute this order to any other person, company or corporation without the previous written consent of the Authority. 6. INSOLVENCY. If Vendor shall become insolvent or shall make an assignment for the benefit of creditors, or if a receiver or trustee shall be appointed for any of Vendor's property or business, this order may forthwith be cancelled by the Authority without liability. 7. INSPECTION AND EXPEDITING. For purposes of inspection and expediting of the materials, equipment and apparatus covered by this order, or work thereon, the Vendor shall give the Authority's representative free access to his works and provide for such access to the works of his subvendors, but any approval by such representative shall not relieve the Vendor from his obligation to comply with the requirements of this order in every respect. 8. CANCELLATION. At any time the Authority may cancel this order, in which event the Authority shall pay the Vendor the proportionate part of the agreed upon price representing the material and/or equipment previously delivered together with the amount of actual cost incurred in connection with the undelivered portion of the order. However the Authority shall not be liable for any claims for anticipated profits on the uncompleted portion of the materials and/or equipment or consequential damages.
9. RESPONSIBILITY FOR ARTICLES. Except as otherwise provided in this order, (i) the Vendor shall be responsible for the articles covered by this order until they are delivered at the designated delivery point, regardless of the point inspection; and (ii) the Vendor shall bear all risks as to rejected articles after the note of rejection. 10. EQUAL EMPLOYMENT OPPORTUNITIES AND MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE PARTICIPATION GOAL REQUIREMENT. During the performance of this contract, the Contractor agrees as follows: Refer to the attachments entitled "Appendix C - Minority and Women Business(M/WBE) Participation Goal Requirement" and/or "Appendix G - Equal Employment Opportunities". 11. SAFETY REQUIREMENTS AND PERFORMANCE DATA a) All Contractors supplying their personnel, or sub-contracted personnel, to Authority facilities, are responsible for reporting any injuries or illnesses arising at these facilities to the Authority. b) Each employer who is subject to the recordkeeping requirements of the Occupational Safety and Health Act (OSHA) 1970 must maintain a log of all recordable occupational injuries and illnesses. OSHA form "OSHA No. 300" may be used to log and summarize occupational injuries and illnesses. c) On a monthly basis, each contractor shall submit a copy of its OSHA No. 300 log (or if accepted by the Authority, a substitute report) to the Authority's relevant facility safety representative or designee,as follows: WPO - Vice President of Environmental Health and Safety NIA. - Safety, Health & Fire Protection Administrator Clark - Safety, Health & Fire Protection Administrator BG - Environmental Health and Safety Scientist ST.L/FDR - Safety, Health & Fire Protection Administrator POL - Environmental & Safety Engineer FLYNN - Maintenance Superintendent IN-CITY - Environmental & Safety Engineer 500 MW - Environmental & Safety Engineer d) To prevent personal injury or damage to property, all test, rental or other equipment of any kind , furnished by the Contractor or Vendor must be in good working order and condition; properly tested, grounded, fit or otherwise suitable for its intended purpose or use; and free of defect. e) In addition to the above, all Contractors supplying their personnel, or sub-contracted personnel, to Authority facilities, are responsible for reporting on a monthly basis the number(s) of personnel working at the facility, and person-hours worked by each. f) In addition, all Contractors supplying their personnel or sub-contracted personnel shall ensure that those personnel have the training and certifications that are required by industry standard, state and federal law and provide documentation of training and certifications when requested. 12. MATERIAL SAFETY DATA SHEET Vendor shall provide current Material Safety Data Sheets, "MSDS", for items on or before delivery is received at the Authority. Vendor shall provide shelf life data including Cure Date and Expiration Date. Material shall possess at least 80% of it's shelf life when received at the Authority. In accordance with Appendix B - Prompt Payment Policy, Vendors failure to comply with the above requirements may result in the delay of payment until the receipt of all proper documentation. 13. NEW YORK STATE SALES AND COMPENSATING USE TAX ACT. Under the provisions of the New York State Sales and Compensating Use Tax Act, the Authority is exempt from the payment of such taxes on sales to the Authority of tangible property of services. The Authority is not required to furnish exemption certificates, and the Authority's contract may be accepted in lieu of an exemption certificated with the Contractor's copy as proof that the sales are exempt. 14. MEN AND MEANS. Contractor will not employ or allow to be employed in connection with, or related or incidental to, any of contractor's activities or operations under this Contract,or in the vicinity of the premises in which such activities or operations occur, personnel, methods or means which, in the opinion of the Authority, may cause or tend to cause work stoppages, strikes, picketing or other cause for the delay of or interference with any work by or on behalf of the Authority in connection with the Authority's reference project.
Under the provisions of Chapter 295 of the Laws of 1987, the N.Y. Power Authority is required to report to the N.Y. State Dept. of Taxation and Finance in connection with your proposal for or the award of these services or goods the following information: Your Federal social security:______________________________________________________________________________________________________________________________ Your Federal employer identification number:______________________________________________________________________________________________________________ If you do not have the above numbers, please state the reason or reasons why:___________________________________________________________________________ Such numbers shall only be made available to the public as provided by law. Under the provisions of Section 94(1)(d) of the New York Public Officers Law, the N. Y. Power Authority is required to provide this notice when collecting personal information from bidders doing business as 1099 contractors in the Authority's SAP system. This information is requested pursuant to Article 5, Title I of the Public Authorities Law and Section 6041 of the Federal Internal Revenue Code. The principal purpose for which the information is collected is to comply with requirements of the Federal Internal Revenue Code in accordance with Section 96(1) of the Personal Privacy Protection Law, particularly subdivisions (b), (e) and (f). Because service providers doing business as 1099 status contractors typically submit their personal social security numbers and residential addresses to the Authority for business use and tax requirements, such personal information must be maintained by the Authority in accordance with New York's Personal Privacy Protection Law. Failure to provide the requested information may result in fines by the Federal Government for failure to properly report income and preclusion from providing services to the Authority. This information will be maintained by the Office of Procurement at the Power Authority of New York located at 123 Main Street, 16th Floor, White Plains, New York, or when appropriate, at one of the various Authority Facilities.
IMPORTANT VENDOR NOTE! YOUR QUOTATION WILL NOT BE ACCEPTED UNLESS YOU HAVE SIGNED THE NON-COLLUSIVE BIDDING CERTIFICATION AND HAVE COMPLETED THE FOLLOWING TERMS AND SHIPPING INFORMATION
NON-COLLUSIVE BIDDING CERTIFICATION: (1)(a) 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 completion, 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 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.
(b)A bid shall not be considered for award nor 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 customers of a proposed or pending publication of new or revised price lists for such items, or (c) has sold the same items to other customers at the same prices being bid, does not constitute, without more a disclosure within the meaning of subparagraph one (a)
Terms__________________________ F.O.B._____________________________________
___________________________________________________________________________ FULL NAME OF BIDDER ___________________________________________________________________________ SIGNATURE ___________________________________________________________________________ DATE
Ship Via___________________________________________________________________ Shipping Date______________________________________________________________
APPENDIX "B" A.
GENERAL 1.
B.
C.
DEFINITIONS 1.
"CONTRACT" means an enforceable agreement entered into between the Authority and a Contractor.
2.
"CONTRACTOR" means any person, partnership, private corporation or association: a) selling materials, equipment or supplies or leasing property or equipment to the Authority; b) constructing, reconstructing or repairing buildings, highways or other improvements for or on behalf of the Authority; or c) rendering or providing services to the Authority pursuant to a Contract.
3.
"DESIGNATED PAYMENT OFFICE" means the office designated by the Authority to which a proper invoice is to be submitted by a Contractor.
4.
"PROPER INVOICE" means a written request for a Contract Payment that is submitted by a Contractor to the Authority's designated payment office setting forth the description, price and quantity of goods, property or services delivered or rendered in accordance with the terms of the Contract, in such form and supported by such other substantiating documentation as the Authority may reasonably require.
5.
"RECEIPT OF AN INVOICE" and "INVOICE RECEIVED DATE" mean (a) the date on which proper invoice is actually received in the designated payment office, or (b) the date on which the Authority receives the purchased goods, property or services covered by the proper invoice, whichever is later. With regard to final payments on construction contracts, (b) shall mean the date on which all the Contract Work has been accepted as completed by the Authority in accordance with the Contract terms.
6.
"SET-OFF" means the reduction by the Authority of a payment due a Contractor by an amount equal to the amount of an unpaid legally enforceable debt owed by the Contractor to the Authority.
RESPONSIBILITY FOR PROMPT PAYMENT 1.
D.
This statement is intended to establish rules and regulations as required under Section 2880 of the Public Authorities Law describing the policy of the Power Authority of the State of New York (the "Authority") to promptly pay all proper invoices submitted by any Contractor. Subject to the conditions and exceptions set forth in Section 2880 and herein, in the event any proper invoice is not paid promptly, the Authority shall be liable for the payment of interest on late payments. This policy shall apply to all Contracts entered into on or after April 30, 1988.
The Authority's Controller shall have the responsibility for the implementation of the Prompt Payment Policy and the prompt payment of all proper invoices under the general guidance and supervision of the Executive Vice President & Chief Financial Officer.
PROMPT PAYMENT PROCEDURE 1.
A Contractor shall request payment under a Contract by submitting a proper invoice to the Authority at its designated payment office at the time and in the manner specified in the Contract.
2.
The Authority shall have fifteen (15) calendar days after receipt of an invoice at its designated payment office to notify the Contractor of certain facts and conditions, including but not limited to those listed below, which, in the opinion of the Authority's Controller, justify extension of the statutory payment period. a)
there is a defect in the delivered goods, property or services;
b)
there is a defect in the invoice;
c)
there are suspected defects or improprieties of any kind the existence of which prevent the commencement of the statutory payment period;
d)
prior to payment, a statutory or contractual provision requires an inspection period or an audit to determine the resources applied or used by the Contractor in fulfilling the contract terms;
e)
a proper invoice must be examined by the federal government prior to payment;
f)
the Authority is prevented from making payment by reason of the filing of a lien, attachment, other legal process or requirement of law.
Any time taken to satisfy or rectify any such facts or conditions shall extend the date by which contract payment must be made in order for the Authority not to become liable for interest payments by an equal period of time.
E.
3.
Should the Authority fail to notify a Contractor of such facts and conditions within fifteen calendar days of the invoice received date, the number of days allowed for payment of the corrected proper invoice will be reduced by the number of days between the fifteenth day and the day that notification was transmitted to the Contractor. Should the Authority, in such situations, fail to provide reasonable grounds for its contention that a fact or condition justifying a time extension exists, the date by which contract payment must be made in order for the Authority not to become liable for interest payment shall be calculated from the invoice received date.
4.
The Authority shall make payment within forty five (45) calendar days after the invoice received date. Effective July 1, 1989, the Authority shall make payment within thirty (30) calendar days, excluding legal holidays, after invoice received dates occurring after that date.
5.
Except for the payments described in Paragraph E, every payment by the Authority to a Contractor pursuant to a Contract is eligible for interest should the Authority fail to make such payment within forty five (45) days after the invoice received date for contracts entered into between April 30, 1988 and June 30, 1989 and within thirty (30) days for contracts entered into on or after July 1, 1989.
6.
The Authority shall not be liable for interest on any retention amounts withheld by the Authority in accordance with the terms of the Contract.
7.
Interest shall be computed at the rate set by the state tax commission for corporate taxes pursuant to paragraph one of subsection (e) of section 1096 of the tax law, but the Authority shall not be liable for payment of interest when such interest is less than ten dollars.
8.
The Authority has available funds in its custody to pay all interest penalties.
EXCEPTIONS 1.
Payments are not eligible for interest when they are due and owing by the Authority: a)
under the eminent domain procedure law;
b)
as interest allowed on a judgement by a court pursuant to any provision of law other than section 2880 of the Public Authorities Law;
c)
to the federal government; to any state agency or its instrumentalities; to any duly constituted unit of local government including but not limited to, counties, cities, towns, villages, school districts, or any of their related instrumentalities; to any other public authority or public benefit corporation; or to its employees when acting in, or incidental to, their public employment capacity;
d)
in situations where the Authority exercises a legally authorized set-off against all or part of the payment due the Contractor.
PROC-B Rev. 2, 3/2010
APPENDIX G EQUAL EMPLOYMENT OPPORTUNITIES REQUIREMENTS During the performance of this contract, the Contractor agrees as follows:
I.
II.
EQUAL EMPLOYMENT OPPORTUNITIES (EEO) REQUIREMENTS [Applicable to all Contracts valued at $25,000 or less] A.
The Contractor will not discriminate against any employee or applicant for employment because of age, race, creed, color, sex, national origin, marital status or disability (as defined in Section 292 of the Executive Law) and will take affirmative action to insure that they are afforded equal employment opportunities without discrimination because of age, race, creed, color, sex, national origin, marital status or disability. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training.
B.
The Contractor will send to each labor union or representative of workers with which he is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the State Division of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses (a) through (g) (hereinafter called "nondiscrimination clauses"). If the Contractor was directed to do so by the Authority as part of the bid or negotiation of this Contract, the Contractor shall request such labor union or representative to furnish him with a written statement that such labor union or representative will not discriminate because of age, race, creed, color, sex national origin, marital status or disability and that such labor union or representative either will affirmatively cooperate, within the limits of its legal and contractual authority, in the implementation of the policy and provisions of these nondiscrimination clauses or that is consistent and agrees that recruitment, employment and the terms and conditions of employment under this Contract shall be in clauses. If such labor union or representative fails or refuses to comply with such request that it furnish such a statement, the Contractor shall promptly notify the Authority of such failure or refusal.
C.
The Contractor will post and keep posted in conspicuous places, available to employees and applicants for employment, notices to be provided by the State Division of Human Rights setting forth the substance of the provisions of clauses A. and B. and such provisions of the State's laws against discrimination as the State Division of Human Rights shall determine.
D.
The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of age, race, creed, color, sex, national origin, marital status or disability.
E.
The Contractor will comply with the provisions of Sections 291-299 of the Executive Law and with the Civil Rights Law, will furnish all information and reports deemed necessary by the State Division of Human Rights under these nondiscrimination clauses and such sections of the Executive Law, and will permit access to his books, records and accounts by the Authority, the State Division of Human Rights, the Attorney General and the Commissioner of Labor for purposes of investigation to ascertain compliance with these nondiscrimination clauses and such section of the Executive Law and Civil Rights Law.
EQUAL EMPLOYMENT OPPORTUNITIES (EEO) REQUIREMENTS [Applicable to all Contracts valued over $25,000] A.
In accordance with the Authority's Minority and Women Owned Business Enterprise Policy and with Article 15-A of the Executive Law and the regulations promulgated thereto, the Authority has established the following Equal Employment Opportunity Requirements. The EEO requirements are applicable to all Authority Contracts issued in excess of $25,000 and/or where a Contractor has a work force of 10 employees or more working on an Authority Contract.
B.
The Contractor shall designate and make known to the Authority an EEO officer who will have the responsibility for and the authority to effectively administer their EEO program.
C.
IF A CONTRACTOR DOES NOT SUBMIT, WITH ITS BID PROPOSAL, AN EEO POLICY STATEMENT AND STAFFING PLAN OR TOTAL WORK FORCE INFORMATION, THE BID WILL BE REJECTED UNLESS REASONABLE JUSTIFICATION FOR SUCH FAILURE IS PROVIDED IN WRITING OR A COMMITMENT IS MADE TO PROVIDE SUCH DOCUMENTS BY A DATE SPECIFIED BY THE AUTHORITY.
EEO POLICY It is the policy of the Authority to afford Equal Employment Opportunities regardless of race, creed, color, national origin, sex, age, disability or marital status. The EEO requirements also provide methods for Contractors to identify, recruit, and employ minority group members and women on State contracts. The parties agree as a condition of an Authority Contract to be bound by the provisions of Section 312 of Article 15-A of the Executive Law, as well as to any other applicable provisions under the law and this Contract. 1.
DEFINITIONS A)
Business Enterprise. Any entity, including a sole proprietorship, partnership or corporation which is authorized to and engages in lawful business transactions in accordance with New York State Law.
B)
Contractor. The person, partnership or corporation to whom the Authority's Procurement/Service Contract for Goods/Materials or Services is awarded.
C)
Equal Employment Opportunities (EEO). A Contractor and subcontractor's concurrence and active efforts to afford employment opportunities for minority group members and women without discrimination because of race, creed, color and national origin, sex, age, disability or marital status, and to employ and utilize minority group members and women in their work forces on Authority Contracts.
D)
Labor Force Availability Data. Data pertaining to the relevant availability and expected levels of participation of minority group members and women on Authority Contracts. The data are developed by the New York State (NYS) Department of Economic Development, Division of Minority and Women's Business Development (DMWBD) and are based upon the most recent census data provided by the NYS Department of Labor, Bureau of Labor Market Information, aggregated into nine (9) Federal Occupational Categories. The nine Occupational Categories include: Official and Admin., Professionals, Office and Clerical, Skilled Craft, Operatives, Laborers, Technicians, Service Workers, and Sales Workers.
E)
Minority Group Member. A United States Citizen or permanent resident alien who is and can demonstrate membership in one of the following groups: 1) 2)
PROC-G Rev. 1, 5/98
Black persons having origins in any of the Black African racial group; Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American descent of either Indian or Hispanic origin, regardless of race;
3) 4)
Native American or Alaskan native persons having origins in any of the original peoples of North America; Asian and Pacific Islander persons having origins in any of the Far East countries, South East Asia, the Indian subcontinent or the Pacific Islands.
F)
Staffing Plan (Form G-1). Describes the anticipated work force on an Authority Contract broken down by ethnic background, gender and specified occupational categories and required for all non-construction Contracts subject to EEO requirements, prior to award. The form of the staffing plan shall be provided by the Authority.
G)
Work Force Employment Utilization Reports (Form G-2, G-3 & G-4). Required within ten (10) days of all contract awards. It requires a breakdown of total hours worked by Federal Occupational Category, by number of employees, by gender and by ethnic categories for NonConstruction Contracts. Work Force Employment Utilization Reports shall be provided by the Authority.
H)
1)
Project Specific Work Force Reports. Required where the work force on an Authority Contract can be separated out from a Contractor's total work force. (Required quarterly)
2)
Total Work Force Reports. Required where work force on an Authority Contract cannot be separated out from a Contractor's total work force. (Required semi-annually)
Monthly Work Force Employment Utilization Report - Construction (Form G-5). Required within ten (10) days of all contract awards. It requires a breakdown of total hours worked by Job Category, by number of employees by Federal occupational categories, by gender and by ethnic categories for Construction Contracts. The Monthly Work Force Employment Utilization Report - Construction shall be provided by the Authority. Referencing subparagraphs G1), G2), and H) above, if there has been no change in the work force quarterly, semi-annually or monthly, respectively, a written notice of such must be provided to the Authority.
I)
Goal. The term referring to the aim of ensuring that minority group members and women and certified businesses be given the opportunities for meaningful participation in employment on and in the performance of and Authority contract.
III. SUMMARY OF EQUAL EMPLOYMENT OPPORTUNITY REGULATIONS A.
The new Equal Employment Opportunity (EEO) regulations provide methods for Contractors to identify, recruit and employ minority group members and women on State contracts. The regulations enable the State, with regard to minority group members and women, to measure utilization and to assist Contractors in expanding employment opportunities.
B.
The regulations are in accordance with Section 312 of Executive Law, Article 15-A, and are consistent with the State's policy of affording equal employment opportunities regardless of race, creed, color, national origin, sex, age, disability or marital status. The regulations apply to all State contracts, as defined by Article 15-A.
C.
RESPONSIBILITIES OF CONSTRUCTION CONTRACTORS ARE TO: 1. 2. 3. 4. 5. 6.
D.
undertake or continue existing programs of affirmative action; submit to the Authority, prior to the award of the Contract, an EEO Policy Statement; ensure that all subcontractors comply with the EEO requirements; submit to the Authority, within ten (10) days of Contract award, a Work Force Employment Utilization Report including the same information now mandated by the federal government, such as employees' hours worked on activities related to the Contract broken down by specified ethnic background, gender and the construction related job titles; and provide the Authority with a Work Force Employment Utilization Report on a monthly basis throughout the life of the Contract. within five (5) business days of contract award, obtain from the Authority a copy of the New York State Labor Force Availability data document for its use in complying with EEO requirements.
RESPONSIBILITIES OF COMMODITIES, CONTRACTORS ARE TO:
SERVICES/CONSULTING,
AND
PROFESSIONAL
CONSTRUCTION
CONSULTANT
1. 2. 3. 4(a).
undertake or continue existing programs of affirmative action; submit to the Authority an EEO policy statement after a bid opening, but before the Contract is awarded; ensure that all subcontractors comply with the EEO requirements; submit to the Authority, pre-award, a staffing plan that describes the anticipated work force on the contract broken down by ethnic background, gender and specific occupational categories; 4(b). or alternatively submit, pre-award, where the work force on the Contract can not be separated out from the contractor's total work force, information on the total work force broken down by ethnic background, gender and specified occupational categories; 5(a). submit to the Authority, within ten (10) days of Contract award, a Work Force Employment Utilization Report including the total number of actual employees working on the Contract broken down by ethnic background, gender and specified occupational categories; 5(b). or alternatively submit, within ten (10) days of Contract award, where the work force on the Contract cannot be separated out from the Contractor's total work force, semi-annual information on the total work force; and 6. provide to the Authority, when the work force utilization information changes, revised work force utilization reports on a quarterly basis throughout the life of the Contract. E.
RESPONSIBILITIES OF STATE AGENCIES ARE TO: 1. 2. 3. 4. 5. 6.
revise their annual goal plans to include steps that will be taken to implement and ensure compliance with the EEO requirements and any proposed modifications to the implementation of these requirements; supply to the successful Contractor a copy of New York State's Economic Development Labor Force Availability Data. The data is provided as a tool to aid in determining the expected level of participation consistent with the labor force availability and geographic locations of minority and women in the county where the work is being performed. provide quarterly reports to the DMWBD on Contractors' work force information broken down by ethnic background, gender and specified occupational categories; monitor Contractors' compliance with the EEO regulations and provide the DMWBD with written compliance findings annually; resolve noncompliance matters with Contractors. Those matters that cannot be resolved must be submitted to the Executive Director of the DMWBD; and conduct, on selected Contracts, in-depth analysis, evaluating whether, with regard to minority group members and women, the Contractor: a) b) c) d)
PROC-G Rev. 1, 5/98
maintains a list of recruitment sources (available from DMWBD); provides written notification to recruitment sources of job openings; disseminates its EEO policy by including it in advertising; and supports recruiting, hiring, apprentice training and internal EEO policies and procedures.
Form G-1 CONTRACTOR STAFFING PLAN
Project/RFP Title
Location of Contract: County
Contractor/Firm Name
ZIP
Address City
Check applicable categories:
(1) Staff Estimates include: (2) Type of Contract:
State
Contract/Project Staff Construction Consultants
Total Work Force Commodities
ZIP Subcontractors Services/Consultants
Total Anticipated Work Force Federal Occupational Category
Total Number of Employees
Black (Not of Hispanic Origin)
Male
Male
Female
Female
Hispanic
Male
Asian or Pacific Islander
Female
Officials/Admin. Professionals Technicians Sales Workers Office & Clerical Craft Workers Operatives Laborers Service Workers TOTALS Company Official's Name
Title
Company Official's Signature Telephone Number (
)
Date
Male
Female
Native American/ Alaskan Native Male
Female
Total Percent Minority Employees
Total Percent Female Employees
CONTRACTOR WORK FORCE EMPLOYMENT UTILIZATION REPORT PROFESSIONAL CONSTRUCTION CONSULTANT FIRMS Agency New York Power Authority
/Code 99905
Contractor Firm Name
Reporting Period Check one: Quarterly Report
Semi-Annual Report
Address City
Type of Report:
Form G-2
Contract Specific
Federal ID/Payee Id No. Check One: Prime Contractor
Work Force
State Zip Check if NOT-FOR-PROFIT
Total Work Force
Contract No.
Location of Work
Subcontractor
County
ZIP
Product/Service Provided: Contract Amount: $ Contract Start Date:
Percent of Job Completed
Number of Employees Federal Occupational Category
Total Number of Employees
Black (Not of Hispanic Origin)
Male
Male
Female
Female
Hispanic
Male
Asian or Pacific Islander
Female
Officials/Admin. Professionals Technicians Sales Workers Office & Clerical Craft Workers Operatives Laborers Service Workers TOTALS Company Official's Name
Title
Company Official's Signature Telephone Number (
)
Date
Male
Female
Native American/ Alaskan Native Male
Female
Total Percent Minority Employees
Total Percent Female Employees
WORK FORCE EMPLOYMENT UTILIZATION REPORT PROFESSIONAL CONSTRUCTION CONSULTANT FIRMS INSTRUCTIONS FOR COMPLETION
PURPOSE: The Work Force Employment Utilization Report for Professional Construction Consultant Firms is prepared by all contractors, and subcontractors if any, providing professional construction (e.g. architectural, engineering) services to document their actual employment of minority group members and women during the period covered by the report. The report has a format similar to forms used by the Federal government for reporting equal employment opportunity data. When the contract specific work force can be identified, the report covers all employees (including apprentices or trainees) working on the project. If the contract spec`ific work force cannot be separated out, the contractor's total work force is reported. The completed reports are used by the contracting state agency to monitor the contractor's and subcontractor's compliance with the contract's equal employment opportunity requirements. GENERAL INFORMATION: 1. Name of contracting state agency and state agency code (five digit code). 2. Reporting period covered by report (mm/dd/yy to mm/dd/yy); check to indicate Quarterly or Semi-Annual Report. 3. Contractor firm name (prime contractor on summary report submitted to agency) and address (including city name, state and zip code); check if the contractor is a NOT-FOR-PROFIT. 4. Type of Report: check to indicate whether report covers (i) the Contract Specific Work Force or (ii) the Company's Total Work Force (in the event the contract specific work force cannot be separated out). 5. Contractor Federal Employer Identification number or payee identification number (prime contractor i.d. on summary report); check to indicate prime or subcontractor report. 6. Contract Amount is dollar amount based on terms of the contract. 7. Contract number is the agency assigned number given to the contract. 8. Location of work including county and zip code where work is performed. 9. Indicate Product or Service provided by contractor (brief description). 10. Contract start date is month/day/year work on contract actually began. 11. Contractor's estimate of the percentage of work completed at the end of this reporting period. FEDERAL OCCUPATIONAL CATEGORIES: The contractor's work force is broken down and reported by the nine Federal Occupational Categories (FOC's) consistent with the Federal government's EEO-1 categories for the private sector labor force. These are: Officials and Manager, Professionals, Technicians, Sales, Office & Clerical (Administrative Support), Craft Workers, Operative, Laborers and Service Workers. The categories are general in nature, and include all related occupational job titles. The contracting agency can provide assistance in categorizing specific jobs. TOTAL NUMBER OF EMPLOYEES: Record the total number of all persons employed in each FOC during the reporting period, regardless of ethnicity (either working on the specific contract OR in the contractor's total work force, based on the type of report indicated above). Report the total number of male (M) employees in column (1) and the total number of female (F) employees in column (2) for each FOC. In columns (3) through (10) report the numbers of male and female minority group members employed, based on the following defined groups: $ $ $ $
Black (not of Hispanic origin):all persons having origins in any of the Black African racial groups; Hispanic: all persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American or either Indian or Hispanic origin, regardless of race; Asian or Pacific Islander: all persons having origins in any of the Far East countries, South East Asia, the Indian subcontinent or Pacific Islands; Native American or Alaskan Native: all persons having origins in any of the original peoples of North America.
TOTAL % MINORITY = TOTAL % FEMALE
=
sum of all minority group members (male and female) employed in the FOC divided by the total number of all employees in that FOC (column 1 + column 2). total number of female employees in the FOC (column 2) divided by the total number of all employees in that FOC (column 1 + column 2).
TOTALS: column totals should be calculated (sum each column) for all FOC's combined. Total minority and female percentages should be calculated as shown above, based on the column totals. SUBMISSION: The Work Force Employment Utilization Report is to be completed by both prime and subcontractors and signed and dated by an authorized representative before submission. This Company Official's name, official title and telephone number should be printed or typed where indicated on the bottom of the form. The prime contractor shall complete a report for its own work force, collect reports completed by each subcontractor, and prepare a summary report for the entire combined contract work force. The reports shall include the total number of employees in each occupational category for all payrolls completed in the monthly reporting period. The prime contractor shall submit the summary report to the contracting agency as required by Part 542 of Title 9 Subtitle N of the NYCRR pursuant to Article 15-A of the Executive Law.
CONTRACTOR WORK FORCE EMPLOYMENT UTILIZATION REPORT COMMODITIES FIRMS Agency New York Power Authority
/Code 99905
Contractor Firm Name
Reporting Period Check one: Quarterly Report
Semi-Annual Report
Address City
Type of Report:
Form G-3
Contract Specific
Federal ID/Payee Id No. Check One: Prime Contractor
Work Force
State Zip Check if NOT-FOR-PROFIT
Total Work Force
Contract No.
Location of Work
Subcontractor
County
ZIP
Product/Service Provided: Contract Amount: $ Contract Start Date:
Percent of Job Completed
Number of Employees Federal Occupational Category
Total Number of Employees
Black (Not of Hispanic Origin)
Male
Male
Female
Female
Hispanic
Male
Asian or Pacific Islander
Female
Officials/Admin. Professionals Technicians Sales Workers Office & Clerical Craft Workers Operatives Laborers Service Workers TOTALS Company Official's Name
Title
Company Official's Signature Telephone Number (
)
Date
Male
Female
Native American/ Alaskan Native Male
Female
Total Percent Minority Employees
Total Percent Female Employees
WORK FORCE EMPLOYMENT UTILIZATION REPORT COMMODITIES FIRMS INSTRUCTIONS FOR COMPLETION
PURPOSE: The Work Force Employment Utilization Report for Commodities Firms is prepared by all contractors, and subcontractors if any, providing goods, products or merchandise to a state agency to document their actual employment of minority group members and women during the period covered by the report. The report has a format similar to forms used by the Federal government for reporting equal employment opportunity data. When the contract specific work force can be identified, the report covers all employees (including apprentices or trainees) working on the project. If the contract specific work force cannot be separated out, the contractor's total work force is reported. The completed reports are used by the contracting state agency to monitor the contractor's and subcontractor's compliance with the contract's equal employment opportunity requirements. GENERAL INFORMATION: 1. Name of contracting state agency and state agency code (five digit code). 2. Reporting period covered by report (mm/dd/yy to mm/dd/yy); check to indicate Quarterly or Semi-Annual Report. 3. Contractor firm name (prime contractor on summary report submitted to agency) and address (including city name, state and zip code); check if the contractor is a NOT-FOR-PROFIT. 4. Type of Report: check to indicate whether report covers (i) the Contract Specific Work Force or (ii) the Company's Total Work Force (in the event the contract specific work force cannot be separated out). 5. Contractor Federal Employer Identification number or payee identification number (prime contractor i.d. on summary report); check to indicate prime or subcontractor report. 6. Contract Amount is dollar amount based on terms of the contract. 7. Contract number is the agency assigned number given to the contract. 8. Location of work including county and zip code where work is performed. 9. Indicate Product or Service provided by contractor (brief description). 10. Contract start date is month/day/year work on contract actually began. 11. Contractor's estimate of the percentage of work completed at the end of this reporting period. FEDERAL OCCUPATIONAL CATEGORIES: The contractor's work force is broken down and reported by the nine Federal Occupational Categories (FOC's) consistent with the Federal government's EEO-1 categories for the private sector labor force. These are: Officials and Manager, Professionals, Technicians, Sales, Office & Clerical (Administrative Support), Craft Workers, Operative, Laborers and Service Workers. The categories are general in nature, and include all related occupational job titles. The contracting agency can provide assistance in categorizing specific jobs. TOTAL NUMBER OF EMPLOYEES: Record the total number of all persons employed in each FOC during the reporting period, regardless of ethnicity (either working on the specific contract OR in the contractor's total work force, based on the type of report indicated above). Report the total number of male (M) employees in column (1) and the total number of female (F) employees in column (2) for each FOC. In columns (3) through (10) report the numbers of male and female minority group members employed, based on the following defined groups: $ $ $ $
Black (not of Hispanic origin):all persons having origins in any of the Black African racial groups; Hispanic: all persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American or either Indian or Hispanic origin, regardless of race; Asian or Pacific Islander: all persons having origins in any of the Far East countries, South East Asia, the Indian subcontinent or Pacific Islands; Native American or Alaskan Native: all persons having origins in any of the original peoples of North America.
TOTAL % MINORITY = TOTAL % FEMALE
=
sum of all minority group members (male and female) employed in the FOC divided by the total number of all employees in that FOC (column 1 + column 2). total number of female employees in the FOC (column 2) divided by the total number of all employees in that FOC (column 1 + column 2).
TOTALS: column totals should be calculated (sum each column) for all FOC's combined. Total minority and female percentages should be calculated as shown above, based on the column totals. SUBMISSION: The Work Force Employment Utilization Report is to be completed by both prime and subcontractors and signed and dated by an authorized representative before submission. This Company Official's name, official title and telephone number should be printed or typed where indicated on the bottom of the form. The prime contractor shall complete a report for its own work force, collect reports completed by each subcontractor, and prepare a summary report for the entire combined contract work force. The reports shall include the total number of employees in each occupational category for all payrolls completed in the monthly reporting period. The prime contractor shall submit the summary report to the contracting agency as required by Part 542 of Title 9 Subtitle N of the NYCRR pursuant to Article 15-A of the Executive Law.
CONTRACTOR WORK FORCE EMPLOYMENT UTILIZATION REPORT SERVICE and/or CONSULTANT FIRMS Agency New York Power Authority
/Code 99905
Contractor Firm Name
Reporting Period Check one: Quarterly Report
Semi-Annual Report
Address City
Type of Report:
Form G-4
Contract Specific
Federal ID/Payee Id No. Check One: Prime Contractor
Work Force
State Zip Check if NOT-FOR-PROFIT
Total Work Force
Contract No.
Location of Work
Subcontractor
County
ZIP
Product/Service Provided: Contract Amount: $ Contract Start Date:
Percent of Job Completed
Number of Employees Federal Occupational Category
Total Number of Employees
Black (Not of Hispanic Origin)
Male
Male
Female
Female
Hispanic
Male
Asian or Pacific Islander
Female
Officials/Admin. Professionals Technicians Sales Workers Office & Clerical Craft Workers Operatives Laborers Service Workers TOTALS Company Official's Name
Title
Company Official's Signature Telephone Number (
)
Date
Male
Female
Native American/ Alaskan Native Male
Female
Total Percent Minority Employees
Total Percent Female Employees
WORK FORCE EMPLOYMENT UTILIZATION REPORT SERVICE and/or CONSULTANT FIRMS INSTRUCTIONS FOR COMPLETION
PURPOSE: The Work Force Employment Utilization Report for Service and/or Consultant Firms is prepared by all contractors, and subcontractors if any, providing services (skilled or non-skilled) or professional consulting services to a state agency to document their actual employment of minority group members and women during the period covered by the report. The report has a format similar to forms used by the Federal government for reporting equal employment opportunity data. When the contract specific work force can be identified, the report covers all employees (including apprentices or trainees) working on the project. If the contract specific work force cannot be separated out, the contractor's total work force is reported. The completed reports are used by the contracting state agency to monitor the contractor's and subcontractor's compliance with the contract's equal employment opportunity requirements. GENERAL INFORMATION: 1. Name of contracting state agency and state agency code (five digit code). 2. Reporting period covered by report (mm/dd/yy to mm/dd/yy); check to indicate Quarterly or Semi-Annual Report. 3. Contractor firm name (prime contractor on summary report submitted to agency) and address (including city name, state and zip code); check if the contractor is a NOT-FOR-PROFIT. 4. Type of Report: check to indicate whether report covers (i) the Contract Specific Work Force or (ii) the Company's Total Work Force (in the event the contract specific work force cannot be separated out). 5. Contractor Federal Employer Identification number or payee identification number (prime contractor i.d. on summary report); check to indicate prime or subcontractor report. 6. Contract Amount is dollar amount based on terms of the contract. 7. Contract number is the agency assigned number given to the contract. 8. Location of work including county and zip code where work is performed. 9. Indicate Product or Service provided by contractor (brief description). 10. Contract start date is month/day/year work on contract actually began. 11. Contractor's estimate of the percentage of work completed at the end of this reporting period. FEDERAL OCCUPATIONAL CATEGORIES: The contractor's work force is broken down and reported by the nine Federal Occupational Categories (FOC's) consistent with the Federal government's EEO-1 categories for the private sector labor force. These are: Officials and Manager, Professionals, Technicians, Sales, Office & Clerical (Administrative Support), Craft Workers, Operative, Laborers and Service Workers. The categories are general in nature, and include all related occupational job titles. The contracting agency can provide assistance in categorizing specific jobs. TOTAL NUMBER OF EMPLOYEES: Record the total number of all persons employed in each FOC during the reporting period, regardless of ethnicity (either working on the specific contract OR in the contractor's total work force, based on the type of report indicated above). Report the total number of male (M) employees in column (1) and the total number of female (F) employees in column (2) for each FOC. In columns (3) through (10) report the numbers of male and female minority group members employed, based on the following defined groups: $ $ $ $
Black (not of Hispanic origin):all persons having origins in any of the Black African racial groups; Hispanic: all persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American or either Indian or Hispanic origin, regardless of race; Asian or Pacific Islander: all persons having origins in any of the Far East countries, South East Asia, the Indian subcontinent or Pacific Islands; Native American or Alaskan Native: all persons having origins in any of the original peoples of North America.
TOTAL % MINORITY = TOTAL % FEMALE
=
sum of all minority group members (male and female) employed in the FOC divided by the total number of all employees in that FOC (column 1 + column 2). total number of female employees in the FOC (column 2) divided by the total number of all employees in that FOC (column 1 + column 2).
TOTALS: column totals should be calculated (sum each column) for all FOC's combined. Total minority and female percentages should be calculated as shown above, based on the column totals. SUBMISSION: The Work Force Employment Utilization Report is to be completed by both prime and subcontractors and signed and dated by an authorized representative before submission. This Company Official's name, official title and telephone number should be printed or typed where indicated on the bottom of the form. The prime contractor shall complete a report for its own work force, collect reports completed by each subcontractor, and prepare a summary report for the entire combined contract work force. The reports shall include the total number of employees in each occupational category for all payrolls completed in the monthly reporting period. The prime contractor shall submit the summary report to the contracting agency as required by Part 542 of Title 9 Subtitle N of the NYCRR pursuant to Article 15-A of the Executive Law.
CONTRACTOR MONTHLY WORK FORCE EMPLOYMENT UTILIZATION REPORT - CONSTRUCTION New York Power Authority
Agency
/Code
Contractor Firm Name
99905
Reporting Period
Address City
Federal Id/Payee Id No. Check One:
State
Contract No. Prime Contractor
ZIP
Location of Work County ZIP Percent of Job Completed:
Subcontractor Contract Start Date:
Contract Amount
Form G-5
$
F=Foreman/Supv. J=Journeyworker A=Apprentice/Trainee Job or Trade Category
**
Total Hours Worked All Employees M
F
Black (Not of Hispanic Origin) M
F
Hispanic M
F
Asian or Pacific Islander M
Native American/ Alaskan Native F
Field Office Staff: Professionals Office/Clerical F Laborers
J A F
Equipment
J
Operators
A F Surveyors
J A F
Truck Drivers
J A F
Iron Workers
J A F
Carpenters
J A F
Cement Masons
J A F
Painters
J A F
Electricians
J A F
Plumbers
J A
Other:
F J A
GRAND TOTALS Company Official's Name
Title
Company Official's Signature Telephone Number (
Total Number of Employees
Total Hours Worked During Reporting Period
)
Date
M
F
Minority %
Total Number of Minority Employees
Female % M
F
M
F
MONTHLY WORK FORCE EMPLOYMENT UTILIZATION REPORT - CONSTRUCTION INSTRUCTIONS FOR COMPLETION PURPOSE: The Monthly Work Force Employment Utilization Report is prepared by all construction contractors, and subcontractors to document their actual employment of minority group members and women during the period covered by the report. The report has a format similar to forms used by the Federal government (e.g. U.S. Department of Labor) for reporting equal employment opportunity data. The report covers all hourly workers, including foremen, supervisors or crew chiefs, journey workers and apprentices or trainees working on the project. Professional and office clerical field office staff working ont he contract shall also be reported. The completed reports are used by the contracting state agency to monitor the contractor's and subcontractor's compliance with the contract's equal employment opportunity requirements. GENERAL INFORMATION: 1. Name of contracting state agency and state agency code (five digit code). 2. Reporting period covered by report (month/year). 3. Contractor or subcontractor firm name (prime contractor on summary report submitted to agency) and address (including city name, state and zip code). 4. Contractor or subcontractor Federal Employer Identification number or payee identification number (prime contractor i.d. on summary report); check to indicate prime or subcontractor report. 5. Contract Amount is dollar amount based on terms of the contract. 6. Contract number is the agency assigned number given to the contract. 7. Location of work including county and zip code where work is performed. 8. Contract start date is month/day/year work on contract actually began. 9. Contractor's estimate of the percentage of work completed at the end of this reporting period. JOB OR TRADE CATEGORIES:A field office staff category plus ten job categories are printed on the form. These are trades commonly used in construction. The categories are intended to be general in nature, and may include several occupational job titles. IF trades other than those identified are required to perform work on the contract, this work should be combined and reported in the "Other" category. Work level designations of foreman/supervisor (F), journeyworker (J), and apprentice/trainee (A) are included as separate entries for each standard job category; hours worked must be recorded opposite the appropriate work level for each. TOTAL HOURS WORKED DURING REPORTING PERIOD: Record the total hours worked by all employees during the reporting period, regardless of ethnicity, under each job category in column (1) for males (M) and column (2) for females (F). In columns (3) thru (10) report the total hours worked by male and female minority group members of one of the following defined groups: $ $ $ $
Black (not of Hispanic origin):all persons having origins in any of the Black African racial groups; Hispanic: all persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American or either Indian or Hispanic origin, regardless of race; Asian or Pacific Islander: all persons having origins in any of the Far East countries, South East Asia, the Indian subcontinent or Pacific Islands; Native American or Alaskan Native: all persons having origins in any of the original peoples of North America.
MINORITY % = FEMALE %
=
sum of all minority group members (M and F) in job category divided by the total hours worked by all employees in that job category (column 1 + column 2). total hours worked by all female employees in the job category (column 2) divided by the total hours worked by all employees in that job category (column 1 + column 2).
TOTAL NUMBER OF EMPLOYEES: record the total number of all persons employed during the reporting period, regardless of ethnicity; report the numbers of male (M) and female (F) employees separately. TOTAL NUMBER OF MINORITY EMPLOYEES: record the total number of minority persons employed during the reporting period; report the numbers of minority male (M) and minority female (F) employees separately. GRAND TOTALS: column totals should be calculated for all job categories combined. Total minority and female percentages should be calculated as shown above, based on the column grand totals. SUBMISSION: The monthly Work Force Employment Utilization Report is to be completed by both prime and subcontractors and signed and dated by an authorized representative before submission. This Company Official's name, official title and telephone number should be printed or typed where indicated on the bottom of the form. The prime contractor shall complete a report for its own work force, collect reports completed by each subcontractor, and prepare a summary report for the entire combined contract work force. The reports shall include the total work hours for all employees in each work category for all payrolls completed in the monthly reporting period. The prime contractor shall submit the summary report to the contracting agency as required by Part 542 of Title 9 Subtitle N of the NYCRR pursuant to Article 15-A of the Executive Law.
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Appendix “N” The New York State Iran Divestment Act of 2012 Iranian Energy Sector Divestment This bid document and any resulting contract are subject to the provisions of New York State Finance Law § 2879-c Iranian Energy Sector Divestment. This Appendix requires persons or organizations to certify that they do not “engage in investment activities” (as defined in section 2 below) in an energy sector of Iran and if they do, to take certain other actions. 1.
As used in this section [§ 2879-c]: a) “Energy sector” of Iran means activities to develop petroleum or natural gas resources or nuclear power in Iran. b) “Financial institution” means the term as used in Section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note). c) “Investment” means a commitment or contribution of funds or property, a loan or other extension of credit; and the entry into or renewal of a contract for goods or services. d) “Iran” includes the government of Iran and any agency or instrumentality of Iran. e) “Person” means any of the following; i) A natural person, corporation, company, limited liability company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group. ii) Any governmental entity or instrumentality or a government, including a multilateral development institution, as defined in Section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3).). iii) Any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in subparagraph one or two of this paragraph.
2.
For purposes of this section [§ 2879-c], a person engages in investment activities in Iran if: a) The person provides goods or services of twenty million dollars or more in the energy sector of Iran, including a person that provides oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran, or b) The person is a financial institution that extends twenty million dollars or more in credit to another person, for forty-five days or more, if that person will use the credit to provide goods or services in the energy sector in Iran and is identified on The List of Entities created by the Commissioner of General Services at www.ogs.ny.gov.
3.
Notwithstanding any other provision of § 2879-c or any other law to the contrary, no state or local public authority or an interstate or international authority, or subsidiary thereof, shall enter into any contract for work or services performed or to be performed or goods sold or to be sold, with a person that is identified on a list created by the Commissioner of General Services pursuant to paragraph (b) of subdivision three of section one hundred sixty-five-a of the state finance law as a person engaging in investment activities in Iran as described in subdivision two of the section.
Proc-N, Rev 0. 6/28/13
Page 1 of 2
Appendix “N” Contractor Certification of Compliance Contractor certifies that all information provided to the Authority regarding Contractor’s investment activities in the Iranian energy sector is complete, true, and accurate. Contractor affirms that it understands and agrees to comply with the practices of the Authority relative to permissible contacts as required by New York State Finance Law § 2879-c and New York State Iran Divestment Act of 2012. Bid/Contract Number: CONTRACTOR CERTIFICATION: “By signing this contract, each person and each person signing on behalf of any other party certifies, and in the case of a joint bid or partnership each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each person is not on The List of Entities created by the Commissioner of General Services pursuant to paragraph (b) of subdivision 3 of section 165-a of the New York State Finance Law.”
By (signature):
Date:
Name (printed or typed): Title: Contractor: Address: City:
Proc-N, Rev 0. 6/28/13
State:
Zip Code:
Page 2 of 2
APPENDIX O 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, bidders/proposers for this contract for commodities, services or technology are strongly encouraged and expected to consider New York State businesses in the fulfillment of the requirements of the contract. Such partnering may be as subcontractors, suppliers, protégés or other supporting roles. Bidders/proposers need to be aware that all authorized users of this 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, bidders/proposers are reminded that they must continue to utilize small, minority and womenowned 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 under the 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 bidders/proposers 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. Definitions For the purposes of this provision, a New York State Business refers to a business enterprise, including a sole proprietorship, partnership, or corporation which offers for sale or lease or other form of exchange, goods which are sought by the Authority and which are substantially manufactured, produced, assembled or distributed in New York State or services which are sought by the Authority and which are substantially performed within New York State.
Proc-O, Rev. 0, 01/01/14
Page 1 of 1
Appendix O
BIDDER/PROPOSER’S PROPOSED NEW YORK SUBCONTRACTOR/SUPPLIER FORM [To be submitted with Proposal]
Procurement ID Number (RFQ or Q No.): Bidder/Proposer Name: Address: Contact Name: Title:
City:
State:
Form O-1
Zip Code:
Telephone No.:
Will New York State Businesses be used in the performance of this contract? _____ ____ Yes No If yes, please identify New York State businesses that will be used if your firm is awarded this contract (if Not Applicable, enter “N/A” below):
Name of Proposed NY Subcontractor or Supplier
1. 2. 3. 4. 5. Proc –O, Rev. 0, 01/01/14 Page 1 of 2
Address (Street)
City
State
Zip
Indicate: “Subcontractor” or “Supplier”
Approx. Dollar Value of Sub/Supplier Contract, where available
Appendix O
AWARDEE’S NEW YORK SUBCONTRACTOR/SUPPLIER FORM [To be submitted upon Contract Award]
Procurement ID Number (CONTRACT No.): Awardee Name: Address: Contact Name: Title:
City:
State:
Form O-2
Zip Code:
Telephone No.:
Please identify the New York State businesses that will be used for this contract:
Name of NY Subcontractor or Supplier
Address (Street)
City
State
Zip
Indicate: “Subcontractor” or “Supplier”
Approx. Dollar Value of Sub/Supplier Contract, where available
1. 2. 3. 4. 5.
Proc-O, Rev. 0, 01/01/14
Page 2 of 2
