Specifications

New York State Office of General Services
Solicitation Number 1767 Integrated Facility Management
Page 42 of 54
G. Employee Dishonesty Coverage
Employee dishonesty coverage on money, securities or property other than money and
securities including property in the care custody or control of the contractor in an amount equal
to the total annual budget for all buildings included in the Lot(s) for which the contract is
awarded. The coverage shall include all employees including contract and temporary, whether
identified or not, acting alone or in collusion with others at all buildings included in the Lot(s) for
which the contract is awarded.
6.4 Tax and Finance Clause
TAX LAW § 5-A:
Section 5-a of the Tax Law, as amended, effective April 26, 2006, requires certain contractors awarded
state contracts for commodities, services and technology valued at more than $100,000 to certify to the
Department of Taxation and Finance (DTF) that they are registered to collect New York State and local
sales and compensating use taxes. The law applies to contracts where the total amount of such
contractors‘ sales delivered into New York State are in excess of $300,000 for the four quarterly periods
immediately preceding the quarterly period in which the certification is made, and with respect to any
affiliates and subcontractors whose sales delivered into New York State exceeded $300,000 for the four
quarterly periods immediately preceding the quarterly period in which the certification is made.
This law imposes upon certain contractors the obligation to certify whether or not the contractor, its
affiliates, and its subcontractors are required to register to collect state sales and compensating use tax
and contractors must certify to DTF that each affiliate and subcontractor exceeding such sales threshold
is registered with DTF to collect New York State and local sales and compensating use taxes. The law
prohibits the State Comptroller, or other approving agency, from approving a contract awarded to a
contractor meeting the registration requirements but who is not so registered in accordance with the law.
Contractor certification forms and instructions for completing the forms are attached to this RFP. Form
ST-220-TD must be filed with and returned directly to DTF. Unless the information upon which the ST-
220-TD is based changes, this form only needs to be filed once with DTF. If the information changes for
the contractor, its affiliate(s), or its subcontractor(s) a new Form ST-220-TD must be filed with DTF.
http://www.tax.ny.gov/pdf/current_forms/st/st220td_fill_in.pdf
Form ST-220-CA must be filed with the proposal and submitted to the procuring covered agency
certifying that the contractor filed the ST-220-TD with DTF. Proposed contractors should complete and
return the certification forms within two business days of request (if the forms are not completed and
returned with proposal submission). Failure to make either of these filings may render a Proposer non-
responsive and non-responsible. Proposers shall take the necessary steps to provide properly certified
forms within a timely manner to ensure compliance with the law.
http://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf
Vendors may call DTF at 1-800-698--2909 for any and all questions relating to Section 5-a of the Tax Law
and relating to a Contractor's registration status with the DTF. For additional information and frequently
asked questions, please refer to the DTF web site: <http://www.nystax.gov
6.5 Participation Opportunities for New York State Certified
Minorities and Women-Owned Businesses
Pursuant to New York State Executive Law Article 15-A, OGS recognizes its obligation under the law to
promote opportunities for maximum feasible participation of certified minority and women-owned business
enterprises and the employment of minority group members and women in the performance of OGS
contracts.
In 2006, the State of New York commissioned a disparity study to evaluate whether minority and women-
owned business enterprises had a full and fair opportunity to participate in state contracting. The findings