Specifications

New York State Office of General Services
Solicitation Number 1767 Integrated Facility Management
Page 44 of 54
D. OGS may disqualify a Bidder as being non-responsive under the following circumstances:
a) If a Bidder fails to submit a MWBE Utilization Plan;
b) If a Bidder fails to submit a written remedy to a notice of deficiency;
c) If a Bidder fails to submit a request for waiver; or
d) If OGS determines that the Bidder has failed to document good faith efforts.
Contractors shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization
Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal
requirements made subsequent to Contract Award may be made at any time during the term of the
Contract to OGS, but must be made no later than prior to the submission of a request for final payment on
the Contract.
Contractors are required to submit a Contractor‘s Monthly M/WBE Contractor Compliance & Payment
Report on Form MWBE 102 to OGS by the 10
th
day of the month during the term of the Contract
documenting the progress made toward achievement of the MWBE goals of the Contract.
Equal Employment Opportunity Requirements
By submission of a bid or proposal in response to this solicitation, the Bidder/Contractor agrees with all of
the terms and conditions of Appendix A including Clause 12 - Equal Employment Opportunities for
Minorities and Women. The Contractor is required to ensure that it and any subcontractors awarded a
subcontract over $25,000 for the construction, demolition, replacement, major repair, renovation, planning
or design of real property and improvements thereon (the "Work") except where the Work is for the
beneficial use of the Contractor, shall undertake or continue programs to ensure that minority group
members and women are afforded equal employment opportunities without discrimination because of
race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal
opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading,
demotion, transfer, layoff, termination, and rates of pay or other forms of compensation. This requirement
does not apply to: (i) work, goods, or services unrelated to the Contract; or (ii) employment outside New
York State.
Bidder further agrees, where applicable, to submit with the bid a staffing plan on Form EEO 100
identifying the anticipated work force to be utilized on the Contract and if awarded a Contract, will, upon
request, submit to OGS, a workforce utilization report identifying the workforce actually utilized on the
Contract if known.
Further, pursuant to Article 15 of the Executive Law (the ―Human Rights Law‖), all other State and
Federal statutory and constitutional non-discrimination provisions, the Contractor and sub-contractors will
not discriminate against any employee or applicant for employment because of race, creed (religion),
color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic
characteristic, marital status or domestic violence victim status, and shall also follow the requirements of
the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior
arrest.
Please Note: Failure to comply with the foregoing requirements may result in a finding of non-
responsiveness, non-responsibility and/or a breach of the Contract, leading to the withholding of
funds, suspension or termination of the Contract or such other actions or enforcement
proceedings as allowed by the Contract.
ALL FORMS ARE AVAILABLE AT: http://www.ogs.ny.gov/MWBE/Forms.asp