22726 - New York State Office of General Services

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PM_RFI22726.docx/blm



New York State Office Of General Services

New York State Procurement

Corning Tower Building

Empire State Plaza

Albany, New York 12242

http://www.ogs.ny.gov


PURCHASING MEMORANDUM


REQUEST FOR INFORMATION

UPDATE



RFI NUMBER:

22726

DATE:

July 1, 2013





PLEASE ADDRESS INQUIRIES TO

GROUP:

40200


HELICOPTER AND RELATED

DESIGNATED CONTACT
:



SERVICES (NYS Police)

New York State Procurement




PS_AA_Helicopters@ogs.ny.gov


RFI

RESPONSE DATE:

JULY 15, 2013



SUBJECT:

CHANGE TO RFI RESPONSE DATE AND E
-
MAIL ADDRESS CORRECTION



TO VENDORS
:



The response date for this Request For Information has been postponed to
JULY 15, 2013
,
5:00 PM EST
.



The e
-
mail address has been updated to
:
PS_AA_Helicopters@ogs.ny.gov



* * * * *


1



NEW YORK STATE

OFFICE OF GENERAL SERVICES

NEW YORK STATE PROCUREMENT

REQUEST FOR
INFORMATION

22726

This is
NOT

a
S
olicitation


On behalf of the New York State (NYS) Office of General Services (“OGS”), New York State Procurement
(NYSPro) requests input from suppliers that provide Helicopters
and

Related Services.


NYSPro and the New York State Police
(NYSP)
are in the process of d
rafting a solicitation for the future
procurement of
up to
six twin
-
engine
helicopters and related services

(see Background section below for
more details)
. The State is
issuing this
Request for Information (
RFI
)

22726

to obtain

feedback from
potential suppliers on the current draft of helicopter specifications to identify any opportunities to better
meet the State’s objectives or improve the level of competitiveness.
Suppliers interested in participating in
any possible future op
portunities are encouraged to respond to this RFI and sign up for Online Vendor
Registration for Bidder Notification Service (
https://online.ogs.ny.gov/vendorregnet/Default.aspx
) on the
NY
S OGS website under classification codes
25 and 46
.



INSTRUCTIONS



Step 1
: Review
b
ackground of NYSP Aviation Unit and current mission profile in
Section

A
.


Step 2
: Review the current draft of the NYSP helicopter specifications in
Section

B and
use the
Comments column in the table to indicate if your company has any concerns about the proposed
specification (e.g., specification limits competition, specification does not provide enough detail to develop
proposal) or suggestions to change
the
specification
.



Step 3
: Provide brief responses to the questions in
Section

C to help the State make well
-
informed
decisions around the structure and content of the
solicitation for
helicopters and related services.


Step 4
: Review the
New York State

Gene
ral

Specification
s

(Appendix B)

in Section D and identify any
elements that your company would potentially take exception to during development of a contract with
New York State
.


Step 5
: Complete the following table with your company information


Company
Name


Company Contact Person Name


Company Contact Person Email Address


Company Contact Person Phone Number



Step
6
:
Please fill out
your completed RFI response

electronically and e
mail
it

to
ogs.sm.ps_aa_helicopters@ogs.ny.gov

by no later than
5:00 PM EST on
Ju
ly
8
, 2013.



New York State appreciates your time to provide your company’s feedback and perspective. Please
contact
ogs.sm.ps_aa_helicopters
@ogs.ny.gov


with any questions regarding this RF
I
.





2


NOTE

A response does not bind or obligate the responder
,

NYSP
or OGS to any provision or procurement of
products referenced. No contract can or will be awarded based on submission of responses to this RFI.

Since this RFI is designed as a tool to collect information and shall not result in a procurement contract, i
t
does not fall under the requirements of State Finance Law §§139
-
j and 139
-
k (the Procurement Lobbying
Law) and there is no restricted period. However, we ask that you direct your questions and responses in
writing to the email address listed
in Step
6

ab
ove.

If any of the information in the
supplier’s

response is considered confidential, proprietary or a trade secret,
it must be clearly indicated

in the comments section of the applicable response
. Release of such
materials is governed by the NYS Freedo
m of Information Law, which in pertinent part requires the
supplier

to provide specific justification as to why disclosure of particular information in the response
would cause substantial injury to the competitive position of the
supplier
.


Section

A:
BACKGROUND


The mission of the
NYSP

is “To Serve, Protect and Defend the people while preserving the rights and
dignity of all”. With this basic principle, the
NYSP

has provided exemplary service to the people of the
State of New York since 1917.


The
NYSP

Aviation Unit
(the Unit)
operates within a "
m
ulti
-
m
ission" profile that includes:


1. Law Enforcement



Provide support to law enforcement agencies within the boundaries of the
State and occasionally outside the State. The mission includes criminal tracking, high
-
speed
pursuits, crime scene mapping and support, and the deploying and tracking of specialize
d teams,
equipment, and supplies to include our Special Operations Response Teams (SORT).

The Unit
responds to assist members of the NYSP and
any

law enforcement agency or public entity
requesting assistance, including, but not limited to
the New York Stat
e Division of Homeland
Security and Emergency Services (DHSES),
U.S. Federal Emergency Management Agency
(
FEMA
)
,
and
U.S.
Department of Homeland Security

(DHS)
.


2. MEDEVAC

-

Provide emergency medical services care in conjunction with the rapid helicopter
transport of an ill or injured patient from a field site to a trauma center or other specialty referral
center within an expedited timeframe


3. Search and
Rescue


Provides aerial search and rescue services for lost or disoriented
persons, and missing or
overdue aircraft and watercraft. This definition includes hoisting
operations commonly occurring during wilderness rescues and disaster relief operations.


4. Homeland Security

-

Provides patrol checks of identified potential terrorist targets, performs
ma
ritime special operations sorties, participates in Border Security initiatives,
and
supports
evacuation duties.


5. Damage Assessment
-

Uses a helicopter as an aerial survey platform to survey, photograph
and down link images of an area that has suffered f
rom a natural or manmade disaster.


6. Environmental Conservation



Provides statewide support for a variety of missions year
round

for the Department of Environmental Conservation (DEC)
, including fire suppression and

3


transportation of materials and
supplies to remote locations

often involv
ing

external/sling load
operation
.


7. Executive Transport



Provides transportation fo
r the Executive office on call statewide and
out of state
on occasion

to facilitate the completion of their duties
.


To accompli
sh this array of assignments, maintain our capabilities
,

and ensure public safety, the Unit
consists of five, regionally
-
based, stations (Albany


HQ, Batavia, Newburgh, Saranac Lake
,

and
Syracuse), twenty aircraft and sixty personnel

that include
command
staff, aircraft pilots, mechanics
,

and
licensed flight dispatchers. The full spectrum of services are provided 365
-
days per year, sixteen hours per
day (available 24
-
hours per day based upon need).The Unit is operationally self
-
sufficient and conducts
90%
of its own maintenance, contracting with outside
suppliers

only when the work is required by the
Federal Aviation A
dministration
(
FAA
)

and exceptionally specialized (overhauls).


HELICOPTER FLEET
MODERNIZATION

PROGRAM


The c
urrent Unit aircraft lack desired operational capability, capacity/functionality and performance
attributes (power & range) that today’s modern, multi
-
functional helicopters bring to emerging law
enforcement, tactical, Executive, Homeland Security and disa
ster relief missions. Additionally, the
majority of the existing fleet has been discontinued resulting in increasing difficulty maintaining these
helicopters and acquiring parts in a timely fashion.


Accordingly, the Unit must responsibly pursue efforts

to obtain modern, twin engine, multi
-
mission
capable aircraft able to
perform the range of multi
-
missions described earlier in this section
.
As part of
the fleet modernization program, the Unit
anticipates
procur
ing

one new helicopter each year for the n
ext
six years.

It is anticipated that s
ale/trade of
the Unit’s
existing

ten helicopters

will
occur
in a phased
approach as well
to
not
degrade
the Unit’s

operational effecti
veness.









4


Section

B:
DRAFT

SPECIFICATIONS


Listed in the table below are the
draft

specifications for the NYSP Aviation Unit’s desired helicopters.
Potential bidders are asked to review the
se

draft specifications and
use the
Comments column in the table below
to
indicate if yo
ur company has any concerns about the proposed
specification (e.g., specification limits competition, specification does not provide enough detail to develop proposal) or s
uggestions to change
the
specification
.


I
tem

Specification

Comments

1

Helicopter
shall have a minimum useful load, which is defined as the weight of
fuel, passengers, and cargo, of 4,000 pounds and have an interior capable of
being changed to perform NYSP’s multiple mission profiles described in
Section A.


2

Helicopter must be able t
o operate during the day, at night, and over all parts
of the State, including its waterways. As a matter of operating policy, it is
intended that the helicopter will be operated with two pilots under Visual Flight
Rules (VFR), Instrument Flight Rules (IF
R), and will be certified for Night
Vision Imaging System (NVIS) operations.


3

Helicopter shall be capable of flying a minimum of five hundred (500) hours per
year.


4

Systems and component quantities listed shall be installed in helicopter as
specified in this
herein

and shall meet or exceed FAA certification
requirements. In addition, all installed equipment on subsequent aircraft shall
be

the same as the equipment ins
talled on the first helicopter.


5

Helicopter shall be zero time, no previous owner, factory new, twin turbine
-
engine powered, the latest improved models in current production, as offered
to commercial trade.



5


I
tem

Specification

Comments

6

Helicopter shall be Category A certified
according to 14 CFR Part 29,
Airworthiness Standards: Transport Category Rotorcraft, with performance
determined and scheduled so that if one engine fails at any time after the start
of take
-
off, or in the approach to landing sequence (surface and elevated

heliport), the helicopter can return to, and stop safely on the take
-
off area; or
continue the take
-
off and climb
-
out, and attain a configuration and airspeed for
single engine fly away performance in compliance with Sec. 29.67(a)(2),
Climb: One Engine In
operative; and, the landing performance determined and
scheduled so that if one engine fails at any point in the approach path, the
helicopter can either land safely or climb out and attain a configuration and
speed allowing compliance with the climb requi
rement of Sec. 29.67(a)(2),
Climb: One Engine Inoperative.


7

Helicopter shall be IFR certified.


8

Helicopter shall be NVIS certified
.


9

Helicopter shall accommodate at least two (2) pilot flight crew, a two (2) person
medical crew, up two (2) litter
-
borne patients, and all required Advanced Life
Support equipment for patient treatment and resuscitation specified in
Items 90
through 103 of
this
table
.


10

Helicopter shall be equipped with dual flight controls
.



11

Helicopter shall be equipped with wheeled landing gear and all
required
test
panels, advisory and warning annunciators
.



12

Wheel gear shall be retractable including wheel
doors
.


13

Landing gear shall be high for increased ground clearance
.


14

Main rotor blades shall be painted with a high visibility paint scheme.


15

Wire Strike Protection System or equivalent.


16

Windshields shall be laminated glass
-
type, tinted,
heated, high integrity, and
bird
-
proof. All cabin windows shall be tinted.


17

Windshield bleed
-
air defogging system
.


18

Ram
-
air ventilation system
.


19

Environmental Control System (ECS) including ducting to provide adequate
cooling/heating distribut
ion throughout cockpit and cabin. Heating system shall
be a bleed
-
air type with a cockpit mounted temperature control panel and
cabin Inside Air Temperature (IAT) display.


20

Nose and tail
-
cone easy access electronics compartments.



6


I
tem

Specification

Comments

21

Electric rescue
hoist with a 600
-
pound capacity, installed on the right side,
including operator hand controls, grab bar switches, motor/cable, monitoring,
emergency release mechanism, and operator restraint system. System power
-
up and master control shall be from cockpit
. The hoist shall be removable with
quick disconnect
-
type fittings and capable of at least 250 feet and 150 feet/min
rate.


22

A remote camera shall be installed on the hoist mechanism or fuselage so that
hoist operations can be displayed on the MFDs (Mu
lti
-
Function Displays)
and/or down linked.


23

Easy access hydraulic system servicing quick disconnects.


24

S
ystem inspection and service access panels.


25

Left and right cabin sliding door systems with left and right side rope
guide/flight step.


26

Door position advisory system for all doors.


27

Common keys for all helicopter door lock mechanisms including baggage
door(s).

Keys for all helicopter door lock mechanisms
,

including baggage
door(s)
,

for additional helicopters ordered under the contract should have
matching common keys to the first helicopter

purchased by the
New York
State Police
.



28

Hinged fuel filler cap(s)
.


29

Manually operated rotor brake with system pressure indicator and a
dvisory
light.


30

M
ain rotor and tail rotor vibration monitoring equipment such as Rotor Analysis
Diagnostic System (RADS) and onboard Health and Usage Monitoring System
(HUMS).


31

Cockpit stowage provisions for the flight manual, credit card holder,
and
portable equipment.


32

Cockpit mounted hour
-
meter, for tracking flight time, activated by a weight
-
on
-
wheels switch. Location to be determined at the time of production and
inspection.


33

Low
-
profile instrument panel with a glare shield.


34

At
least three (3) portable fire extinguishers, one at each pilot station and one
in the cabin.



7


I
tem

Specification

Comments

35

Additional corrosion prevention coating of Zinc Chromate, Corrosion “X”, ACF
50 or equivalent. This requirement is necessitated by flight operations that
w
ill be conducted in and near salt
-
laden environments.


36

Removable External Cargo Hook system with cockpit weight on hook indicator,
control panel, and emergency controls for both pilots.


37

Engines shall be of new manufacture with performance capability to satisfy
requirements of
Item

5 of this table equipped with electronic controls,
diagnostic systems, and engine wash kit.


38

Fire detection and suppression systems, and protection from
snow and foreign
object damage shall be installed. Intake filters shall be “cleanable”, if
available.


39

Cockpit engine and gearbox indicating systems shall be an integrated display
system.


40

Avionics and electrical systems shall be installed and app
roved either as part
of the helicopter’s original type certification, under supplemental type
certificate, or installed meeting or exceeding FAA requirements and approved
on FAA Form 337. All equipment shall have NVIS integrated lighting.


41

Avionics
and electrical bays shall be placarded to indicate equipment installed.


42

Instrumentation and avionics shall be front
-
mounted in the instrument panel
and center console with sufficient extra wiring to allow easy removal.


43

Helicopter shall be equippe
d with a heavy duty battery, Ni
-
Cad, or preferred
sealed Lead Acid, with voltage and amperage according to the certification
requirements in this
table
, to power battery bus items, provide unassisted
engine starting, and provide emergency power to essentia
l systems in the
event of primary DC power failure.


44

Dual starter/generators shall supply required DC electrical power, with each
generator supplying power to its respective primary bus.


45

Generators shall have the capacity to power the DC
electrical system in the
event of a single generator failure with the understanding that some non
-
essential systems shall require shedding for single generator operation.
System shall include a DC generator control unit and fault detection circuitry.


46

115 Volt/400Hz and 26 Volt/400 Hz AC power shall be provided by dual static
inverters, or, one static inverter and one 10 KVA generator. System shall
include monitoring and fault detection systems.



8


I
tem

Specification

Comments

47

DC external power receptacle with “APU door open” adv
isory on caution panel.


48

Controllable searchlight with auto
-
stow which shall be IR and “white light”
capable. Activation switch shall be collective control mounted. System shall
have a “searchlight on” advisory light.


49

Fixed landing lights on
landing gear with switching interface to allow either
normal or Pulselite use as per Item 52 of this table.


50

Whelen LED position and anti
-
collision lighting, or equivalent.


51

Whelen LED recognition lighting, or equivalent, consisting of two forward
facing, nose mounted lights integrated with Pulselite system as per Item 52 of
this table.


52

Pulselite lighting system. System shall pulse both recognition and landing
lights with the ability to select the Pulselite system either on or off by cockpit
mounted switch so that the recognition and landing lights can function
normally.


53

Battery operated emergency cabin lights.


54

Low mounted external passenger/litter loading lights with cabin and cockpit
activation capability. Lights shall be automatic
ally deactivated by weight
-
on
-
wheel or collective mounted switch with a “Load Lt On” annunciator capsule
mounted in the instrument panel.


55

At least t
wo (2) Wemac type cockpit ceiling mounted map lights with dimming
capability, one for pilot use and one

for co
-
pilot use.


56

At least f
our (4) rechargeable flashlights (red), two mounted in cockpit and two
mounted in cabin. Locations to be determined at the time of production and
inspection.


57

Fully Night vision integrated cockpit and cabin including a
ll instrumentation,
lighting and displays.


58

Digital Automatic Flight Control System with integrated digital autopilot/flight
director computers, flight director mode selectors, autopilot controller, air data
sensors, and servos. System must be capable
of full autopilot controlled
cruise, approach, go
-
around, level
-
off, hover, and departure.


59

At least f
our Flat Panel Liquid Crystal Display (LCD) Electronic Flight
Instrumentation System incorporating two (2) separate and independent
Directional Gyro
(DG)/Vertical Gyro (VG) systems. System shall indicate
airspeed, vertical speed, and altitude.



9


I
tem

Specification

Comments

60

Two (2) Universal (latest Search and Rescue (SAR) version), or equivalent,
Flight Management Systems (FMS) with SAR automatic control and Wide Area
Augment
ation System (WAAS) capabilities.


61

One (1) SAR Weather Radar System coupled to meet the requirements
specified in Item 64 of this table.


62

One (1) Integrated Traffic Alert and Collision Advisory System (TCAS) coupled
to meet the requirements
specified in Item 64 of this table.


63

One (1) Digital Moving Map System coupled to meet the requirements
specified in Item 64 of this table.


64

Two (2) MFDs integrated with weather radar, navigation data, TCAS, hoist
camera, moving map system, satelli
te weather, thermal imaging systems, and
include the capability to display Doppler hover and search pattern data.


65

Real time satellite flight following and satellite communication which shall
interface though the helicopter. Two
-
way text messaging or
email with pre
-
programmed and user
-
programmable capability.


66

One (1) Davtron Density Altitude Indicator M
-
655
-
1 or equivalent.


67

Two (2) Davtron M877 digital clocks, or equivalent, mounted in instrument
panel.


68

One (1) battery temperature indica
ting system or equivalent
.


69

One (1) Artex 406 MHz Emergency Locator Transmitter ELT
-
100HM, or
equivalent, coupled to GPS for position information.


70

One set of “stand alone” pressure instruments to include (1) standby
horizon/navigation indicator
with self power, (1) pressure altimeter, and (1)
vertical speed indicator (VSI).


71

Wulfsberg/Cobham Flexcomm radio system
,

or equivalent. System must
interface with State Police up to 900 megahertz radio system and be capable
of communicating with all b
andwidths used throughout the State. There shall
be a control head in the cockpit and a control head in the cabin. Shall be P25
digitally
-
compliant and trunk capable.


72

Installation of one (1) helicopter flight following/tracking system (OuterLink or
eq
uivalent) supplied by State of New York.



10


I
tem

Specification

Comments

73

Integrated Radio system including, but not limited to: two (2) VHF
Communications radios, two (2) Navigation radios, two (2) Mode S
Transponders, one (1) Automatic Direction Finder (ADF) radio, and two (2)
DME
radios and indicators.


74

Six (6) audio panels with sufficient switching to control all installed radio and
Internal Communications Systems (ICS) functions. Two (2) panels shall be
located in the cockpit and the remaining four (4) in the cabin. Locations

of
audio panels
to be determined at time of production and inspection.


75

Maximum of eight (8) headset jacks flush mounted at locations to be
determined at the time of production and inspection, based on make and
model of helicopter offered with some be
ing “ICS only” positions. In addition,
four (4) coil
-
cord type headset extensions with both ICS and transmit capability
shall be furnished. Length of cords shall be determined by cabin movement
ability.


76

Two (2) Radar Altimeters, one at each pilot and
co
-
pilot stations.


77

Pilot and co
-
pilot ICS/transmit foot switches installed at appropriate angle to
allow for toe operation.


78

Voice
-
activated cockpit and cabin ICS system with cockpit call and crew call
indicators. A cockpit mounted on/off switch s
hall be installed that will isolate
the cabin ICS system from the cockpit. Switch location to be determined at
time of production and inspection.


79

All antennas, connectors, adapters, annunciators, and mounting systems
specific to all radio components.
Antenna layout shall require Aviation Unit
approval prior to mounting.


80

One (1) Radio Master Switch to control all on/off radio functions.


81

One (1) Removable and Controllable Searchlight of at least 30 million candle
power which are IR and white
light
-
capable (or equivalent searchlight of latest
version). A “Night sun On” advisory capsule shall be mounted on the
instrument panel. Searchlight shall be slaved to system in Item 82 of this
table.


82

One (1) triple sensor (CCD
-
TV, Night Vision, and

Infrared detector) imaging
system with integrated auto
-
tracking slaved to searchlight. System shall be
coupled to MFDs.



11


I
tem

Specification

Comments

83

The hand controller shall be a quick
-
disconnect type with storage for controller
located on co
-
pilot side of cockpit and shall
have integrated NVIS lighting. Use
from cockpit or cabin is required. Location

of storage for controller

to be
determined at the time of production and inspection.


84

An additional MFD shall be installed in the cabin so that it affords passengers
the m
aximum viewing and be capable of displaying the information described
in Item 64 of this table. The MFD mount shall be a pull
-
down type so that the
monitor can be stowed when not in use. The MFD on/off switch will be cockpit
-
mounted. Location
of
MFD on/off

switch
to be determined at the time of
production and inspection.


85

Digital recording system and downlink transmission system with a portable
downlink briefcase, antenna, and charger.


86

XM Satellite Weather Information system, or equivalent,
interfaced with MFDs
as per Item 64 of this table.


87

Voice and Data Recorder (Black box) installed in each helicopter.


88

Cockpit shall be of paperless design

to eliminate the need to have paper
charts and maps in the cockpit
.

An example would be Univ
ersal’s

UCDs or Garmin’s GMX 200 that require subscriptions from Jeppesen. These
displays usually take the place of the chart holders.


89

The patient compartment/cabin area shall be isolated from the cockpit.


90

All medical equipment storage, AC
-
DC
power, medical suction systems,
oxygen delivery systems and supplemental high intensity medical lighting shall
be provided in a modular configuration, where possible, allowing efficient
installation and removal in converting the helicopter to the airborne
law
enforcement / search and rescue configurations.


91

Medical oxygen and power system busing, circuit breakers, and switching shall
be controlled from the cockpit.


92

Emergency shut off for the system shall be provided. The helicopter’s medical
oxygen

system shall interconnect with the modular system.


93

Oxygen and power system “on” annunciators shall be displayed in the cockpit.


94

Separate static inverter for AC medical power system.



12


I
tem

Specification

Comments

95

An easily removable, palletized, medical electronics
shelf, if required to
accommodate electrical components, shall be fabricated in the event any
standard electronics are located in the vicinity of the shelf where easy access
to these components shall be impeded by the shelf’s location.


96

System outlets
and controls shall be color
-
coded: green for oxygen, white for
suction, and black for electrical systems.


97

Two (2) 115 VAC dual outlets in cabin. Locations to be determined at the time
of production and inspection.


98

Two (2) 28 V DC (7.5 amp max)
multi
-
purpose outlets in cabin. Locations to be
determined at the time of production and inspection.


99

Medical Suction System: Dual regulated pumps to provide continuous or
intermittent suction in a range from 0
-

400 mm Hg, two suction regulation
syste
ms, two 1000 ml suction canisters with disposable inserts, and dual
controls.


100

Dual adjustable oxygen flow meters (25 liters/min max flow each) with quick
connect outlets (50 PSI).


101

Oxygen shall be delivered from the primary system with a
quantity indicating
system installed in the cabin.


102

At least one portable “Jumbo D” backup oxygen bottle shall be located in the
pedestal. Storage for two (2) additional Jumbo D oxygen bottles shall be
located in the baggage compartment.


103

Modular

storage system shall provide for IV warmer, storage of Life
-
Pac, or
equivalent equipment, portable suction kit, as well as other required electrical
devices, resuscitation equipment, medical accessories and dressings.


104

Sufficient quantity or clusters

of directionally controllable, high intensity,
Wemac
-
style lights, to provide total patient and cabin illumination. Master light
switch shall be cabin controlled with dimming capability. All cabin lighting must
be NVIS certified. Location
of master light

switch
to be determined at the time
of production and inspection.



13


I
tem

Specification

Comments

105

The cabin and cabin door area shall be equipped with momentary entry
lighting that shall illuminate the cabin interior and exterior during patient
loading or unloading. There shall be

switches located by both cabin doors and
an additional switch located on the cockpit capable of activating the lighting
system. The system should remain activated for a period not to exceed two (2)
minutes.


106

Patient litter loading systems shall be in
stalled to permit the efficient,
unobstructed, loading/unloading, and stable transport of up to two (2) litter
-
borne patients. Litter arrangement shall permit total body access by medical
crew. Litter systems shall be removable to convert the helicopter to

the
airborne law enforcement/search and rescue/executive configuration. Litter
locations shall not interfere with sliding door emergency egress controls.


107

Provision for second litter storage in baggage compartment.


108

Movable overhead IV hooks att
ached to rail systems that run parallel to litters,
four (4) hooks per side.


109

Cabin medical seating arrangement shall include at least two attendant seats
in single patient transport configuration.


110

Modular eight (8) place cabin seating for
airborne law
enforcement/transport/search and rescue with all belting, backrests and
headrests.


111

Modular eight (8) place cabin seating for executive transports and executive
interior.


112

Left and right side sliding cabin doors
.


113

Latching
mechanisms shall be installed to hold the sliding doors in the open
position during loading/unloading, as well as on those occasions requiring
doors to be open in flight. Latching mechanisms shall be clearly marked.
Operating instructions and emergency egr
ess directions shall be clearly
displayed. Latch release and door closing shall be accessible from inside the
cabin.



14


I
tem

Specification

Comments

114

Medical Oxygen system including all mounting, plumbing, removable canisters,
activation controls, emergency shutoff, annunciators, qu
antity display, and
monitoring system. System shall be installed with easy access to remove the
canister for refilling outside the helicopters. An overboard bleed off vent shall
be provided. Quantity indicator shall be wired so that the oxygen quantity ca
n
be checked with helicopter main battery on or off.


115

Non
-
skid, non
-
absorbent, cockpit and cabin floor covering sealed to protect
helicopters substructure and prevent contamination from corrosive fluids.
Where possible, a sealed, blood dam type floori
ng shall be installed. Cabin
floor shall have flush mounted attachment fittings (no recessed mounts
allowed) and tracking to accommodate the installation and removal of seats
and medical litter systems as per mission requirements. Floor structure
inspectio
n panels shall be installed.


116

The specified cockpit and cabin flooring must be capable of being removed
(not sealed to helicopter floor panels) to facilitate maintenance requirements.


117

Five
-
point restraint system for all cockpit and cabin seats.
Access to all seat
belts and shoulder harness mechanisms hidden by any structure will be by
screw
-
mounted access panels.


118

Fast rope insertion/extraction system with arm extension/retraction capability
and equal left and right side lateral extension. S
ystem must be capable of
being extended or retracted without the use of tools. In addition, system must
be rated for 600 pounds minimum weight.


119

Color scheme shall be consistent with current fleet design for planning
purposes. Final exterior paint sch
eme shall be determined at the time of
design review and shall consist of three different colors. NYSP seal to be
painted on

by C
o
ntractor
. No decals.


120

All exterior parts of the airframe shall be covered with high quality
polyurethane Imron
or equivalent
paint, including the inside of all
component
cowlings

and panels
.


12
1

FAA registration numbers for helicopters shall be selected from Aviation Unit
reserved lot.



15


I
tem

Specification

Comments

12
2

Warranty shall be for a new helicopter, non
-
prorated type. The warranty must
provide for the replacement or repair of any parts that are defective within
1,000 hours of operation or twenty
-
four months after final acceptance,
whichever comes first, at no ad
ditional cost to the State. All warranty work
shall be performed by the
Contractor

or
Contractor
's authorized service
subsidiary. The
Contractor

shall be responsible for all shipping and ancillary
costs associated with warranty repair and parts replacement
, and returning the
helicopter to service. All parts requiring replacement during the warranty period
shall be new and of original equipment manufacturer. On those occasions
when loaner components are provided to keep helicopters in service, these
loaner c
omponents shall be provided at no cost to the State during the
warranty period. The
Contractor
's authorized service facility must be
certificated under FAA Part 145, Repair Station. If warrantee work and/or
replacement components are completed by
NYSP

mec
hanics, then
NYSP

is to
be reimbursed man hour cost utilizing standard helicopter man
-
hour costs,
currently around $85.00/hr.


12
3

On those occasions during the warranty period, when a helicopter is grounded
(AOG
-

aircraft on ground),
Contractor
’s techni
cal representative shall respond
within twenty
-
four (24) hours and arrange to have parts shipped and the repair
accomplished within forty
-
eight (48) hours. Warranty part shipments for AOG
shall be by overnight courier at the
Contractor
’s expense. If the he
licopter is
grounded away from its home base, and hangar space is available, the
Contractor

shall be responsible for all storage, fixed base operator (FBO), and
airport fees. If the helicopter is grounded away from its home base, and
condition is such that

repairs cannot be accomplished in the field, shipment of
the helicopter to the
Contractor
's repair facility shall be the responsibility of the
Contractor

and at no cost to the State. Liability for damage and security during
helicopter disassembly, shippin
g, and reassembly shall be the responsibility of
the
Contractor
.


12
4

All installed equipment and component warranty periods shall commence at
time of helicopter delivery acceptance, not at the time of equipment and/or
component purchase. Delivery accepta
nce means when the helicopter has
been completed with all equipment installed as ordered.


12
5

Two (2) Flight Manuals plus 10 year revision service per helicopter, delivered
with helicopter.



16


I
tem

Specification

Comments

12
6

Four (4) Engine operating and maintenance manuals plus 10
year revision
service, delivered two months prior to helicopter delivery.


12
7

Four (4) Engine and Airframe Illustrated Parts Breakdown Manuals plus 10
year revision service, delivered two months prior to helicopter delivery.


12
8

Four (4) Airframe
Maintenance Manuals plus 10 year revision service,
delivered two months prior to helicopter delivery.


1
29

Engine and Airframe Log Books for helicopter at delivery.


13
0

Weight and Balance Data Sheet with equipment list for helicopter at delivery.


13
1

Four (4) Wiring diagrams for all electrical systems delivered with helicopter
delivery. Diagrams shall be the latest revision.


13
2

Four (4) Wiring Diagrams for all avionics installations delivered with helicopter
delivery. Diagrams shall be the latest
revision.


13
3

Operating and maintenance manuals for all installed avionics and special
purpose equipment for helicopter plus 10 year revision service, delivered two
months prior to helicopter delivery.


13
4

Four (4) sets of complete blueprints for helic
opter delivered with helicopter
delivery.


13
5

All required subscriptions, updates or revisions for a 10
-
year period from date
of delivery of helicopter

shall be included in the price of the helicopter
. Any
additional installed item(s) requiring a recurring subscription, update, or
revision service not listed
in
I
tems 13
6

through 1
39

in this table

shall be
included.


13
6

Satellite weather subscription service.


13
7

Flight Management System subscriptio
n service.


13
8

Paperless
c
ockpit subscription service

to support Item 88 in this table
.


1
39

Computerized Maintenance Program update service
.


14
0

Web
-
based computerized maintenance tracking system for fifteen (15) users
and associated 10 year subscription costs. The program must be Windows
based and a manufacturer’s program is preferred. The
Contractor
, prior to
helicopter delivery, shall complete t
he initial installation of all required data.
The program shall include initial training for fifteen (15) Aviation Unit
technicians at the New York State Police Aviation Unit, Albany
,

New York
12110.


14
1

Exhaust covers.



17


I
tem

Specification

Comments

14
2

Air inlet covers.


14
3

Pitot covers
.


14
4

Cargo tie
-
downs appropriate to the model of helicopter bid.


14
5

Main rotor tie
-
down appropriate to the model of helicopter bid.


14
6

Specialized Tow
-
Bar for helicopter, if applicable.


14
7

Folding Titanium Break
-
apart Stokes litter
with backboard and flotation collar
.


14
8

Trail Line Assembly (120 feet X 3/8 inches polypropylene with gloves and V
-
strap)
.


1
49

Full Body Tactical Harness
.


15
0

Hoist Operator Safety Vest
.


15
1

Quick Strop Sling
.


15
2

Billy Pugh Rescue Net with
Flotation Collar
.


15
3

SAR Protective Helmet
.


15
4

4
-
Point Adjustable Litter Sling
.


15
5

MK
-
III Rescue Seat
.


15
6

Hoist Bumper Light
.


15
7

Power Flare Safety Lights, six per helicopter. Colors TBD by NYSP Aviation
Unit personnel.


15
8

Hoist Operator

2
-
Layered Pair of Leather Gloves (4 pair each per helicopter)
.


1
59

Hoist Operator Knee Pads (2 pair each per helicopter)
.


16
0

Bauman Bag
.


16
1

Victim Rescue Seat Harness
.


16
2

4
-
Point Stainless Litter Sling
.


16
3

Chicago Grip
.


16
4

Quick Splice
.


16
5

One set of manual hoist cable cutters per helicopter
.


16
6

Two sets of protective covered sling ropes with built in eye hooks and safety
latched swivel hooks per helicopter. Length
of sling ropes
to be determined by
NYSP Aviation Unit personnel.



18


I
tem

Specification

Comments

16
7

Tools, appliances, precision instruments, tooling instructions, tool attachments,
computers, and other components unique to the maintenance
and servicing of
the helicopter
. One

(1) set of each shall be provided by the
Contractor

at no
additional cost to the State.
Two
(2) sets of
s
oftware, diagnostic systems, and
m
aintenance
m
anuals shall be supplied.
All of the above should be provided
to address expected maintenance needs for the first 2,500 flight hours.


16
8

Factory school
initial training will be provided at the time of delivery of
each
helicopter for Aviation Unit pilots in the
Contractor
’s helicopter, or approved
simulator. If simulator training is not an option, the
Contractor

shall provide the
similar model helicopter bid for all flight training.
Training sequence shall begin
four months prior to delivery of the first helicopter with a total of
eight
(8) pilots
attending at no cost.
Two pilots will attend each month of the fo
ur month
period
until

delivery.
Thereafter, for any additional helicopter purchased by
NYSP
, four (4) pilots shall attend initial flight training at no cost.
Ground
instruction is to include general helicopter specifications, limitations, normal
procedure
s, emergency procedures, performance, airframe and power plant
systems, drive
-
train, hydraulics, electrical systems, supplemental systems,
flight control systems, fuel system, fire detection and suppression systems,
and weight and balance. Flight proficien
cy training shall include cockpit
procedures training, pre
-
flight, normal and emergency checklists, normal and
maximum performance maneuvers, malfunction resolution procedures, one
engine inoperative continued flight and landing procedures, dual engine fai
lure
landing procedure, electrical malfunction resolution procedures, hydraulic
system malfunction resolution procedures, hovering out of ground effect, flight
control system malfunction resolution, in
-
flight fire detection and suppression.
In addition to
the training elements as described above, ground and flight
training periods shall be allocated for Rotorcraft External
-
Load operations, and
include items listed in 14 CFR 133.23(b) and (c)
,
and any other training as may
be required. Upon completion of ini
tial/transition training, the
Contractor
's
training center shall issue a certificate of completion and endorsements,
itemizing all areas of training completed, total flight training received in hours,
pilot in command and type certification (if applicable)
, and instrument
proficiency check, as well as biennial flight review endorsements
.



19


I
tem

Specification

Comments

1
69

Factory school initial training will be provided at the time of delivery of
each

helicopter for Aviation Unit technicians at the manufacturer’s designated
training facility

at no cost
. Training sequence shall begin four months prior to
delivery of the first helicopter, with a total of
five
(
5
) technicians attending.
Thereafter, for
an
y
additional helicopter purchased by
NYSP
, two (2)
technicians shall attend factory initial training, or equivalent
, at no cost
.
Maintenance training shall consist of at least the following topics at the
designated facility:

Airframe maintenance
-

Classr
oom and shop work areas to include airframe,
ground handling and servicing, main rotor, main rotor controls, main rotor
drive system, mast, transmission, gearboxes, main drive shafts, tail rotor and
tail rotor drive system, fuel system, hydraulic system, p
ower plant installation,
flight control systems.

Power plant maintenance
-

Classroom and shop work to include knowledge,
design, fabrication, assembly, and operation of turbine engines and
components; rigging, removal, installation of engines; diagnostics
,
troubleshooting, and repair of engine and component malfunctions;
determination of engine performance and power assurance parameters;
procedures for the maintenance of fuel controls, bleed air systems, electronic
engine control systems, auxiliary gearbox
es, and all additional items
associated with engine operation and performance.

Electrical systems
-

Classroom and shop work to include detailed analysis of
AC and DC power distribution, power train electrical systems, utility systems,
airframe electrical
systems, instrument indicating systems, and automatic
flight control systems. Course shall include component locations, descriptions,
and operation, troubleshooting and diagnosis of probable fault symptoms.


Upon completion of maintenance technician traini
ng and any other training as
may be required, the
Contractor
's training center shall issue a certificate of
completion, itemizing all areas of maintenance training completed, and
endorsing technicians as certified to conduct maintenance tasks on
Contractor
's model helicopter.


17
0

Training requirements shall be satisfied at a
continental U.S. based
location.



20


I
tem

Specification

Comments

17
1

S
pecialty maintenance courses

applicable to purchased model
, such as
Electrical Wiring maintenance, Avionics or Auto Pilot courses,
etc.
,
shall be
provided by the
Contractor

for up to (4) technicians per course (2 at a time).


17
2

All initial training costs for both pilots and technicians will be paid by the
Contractor
, minus travel and per diem.







21



Section

C
: QUESTIONS

P
lease p
rovide brief responses to the questions in
the table below

to help the State make well
-
informed decisions around the structure and
content of the solicitation for helicopters and related services.

Question

Please provide your response in space provided

1.

Wh
at are the current trends in law enforcement aviation, including
innovative ways to increase operational effectiveness and lower
total costs?


2.

Please name a few of your current customers within the
U.S.
law
enforcement segment.


3.

Describe any financing
options your company provides customers
on purchases of new helicopters.


4.

Please provide an electronic copy of your standard helicopter
leasing agreement (if applicable).


5.

How does your company determine the value of potential trade
-
in
helicopters?


6.

Wha
t are your current production lead times
(in months)
and what
variables impact the lead time?


7.

What lessons learned or recommendations should the State
consider as it develops the solicitation for helicopters and related
services?


8.

Based on the stated objectives of the helicopter fleet modernization
program, the NYSP Aviation Unit’s mission profile, and the draft
specifications
above
, what model(s) would your company consider
as potential options for the State to consider?


9.

As the m
ulti
-
function role is paramount to NYSP, can your company
describe your relevant configuration(s) and the time/tools required
for conversion? Pictures or diagrams of multiple configurations
would be helpful.


10.

NYSPro intends to evaluate manufacturers' dir
ect operating costs
using Conklin and de Decker Aircraft Cost Evaluator. Does your
company have any concerns with using this industry standard?


11.

Do you have any other input for the State’s consideration that you
have not provided in previous responses

within this RFI
?



22


Question

Please provide your response in space provided

12.

What approach do you propose to
manage changes in pricing for
helicopter
s over the duration of a
potential
multi
-
year contract
period
?



13.

Please provide the names and contact information for helicopter
maintenance and repair service providers that are authorized by
your company to service your
New York based helicopters
.




NYSPro is investigating
an
option to establish a backdrop
statewide agreement for helicopters and related services (e.g., field maintenance,
overhaul, repairs, pilot training, mechanics training). Establishing a backdrop statewide agreement would allow all intereste
d companies that meet
or exce
ed the criteria est
ablished by
NYSPro to be a Contractor on the agreement. Authorized Users of the statewide agreement, which include
state and local government entities, would conduct a streamlined competitive process with the awarded Contractors to select t
he best
-
fit
Cont
ractor to meet their needs. The benefits of the backdrop statewide agreement for suppliers is the reduction in administrative

effort associated
with establishing
and maintaining
multiple contracts with customers, and a more consistent process to compete fo
r business with Authorized Users
of the statewide agreement

(e.g., Request for Quote process using standard format to document customer specifications to support streamlined
product selection and pricing)
.


Question

P
rovide your response in
this column

1.

Would your company be interested in being a Contractor on a
NYSPro backdrop statewide agreement for helicopters and related
services?


2.

What criteria would you
r company

propose
the State should use
to
qualify suppliers to be on the backdrop statewide
agreement for
helicopters and related services?


3.

Does your company see any potential
issues
with establishing or
using

a backdrop statewide agreement for helicopters and related
services?






23


Section D: NEW YORK STATE STANDARD TERMS AND CONDITIONS


Appendix A
of this document contains
the

STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS

that are non
-
negotiable
.
Appendix B
of
this document
contains
the
NYSPro GENERAL SPECIFICATION
S
.
Please review
Appendix B
and identify in the space below any elements
that
your company would potentially take exception to during the development of a contract with the State. Please list the section

references in your
response.


Indicate
sections of Appendix B that your company would potentially take exception to in the sp
ace
below






24



APPENDIX A: STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS



The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" o
r "this contract") agree
to be bound by the following
clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the
State, whether a contractor, licenser, licensee, lessor, lessee or any other party):


1. EXECUTORY CLAUSE. In accordance with Section 41
of the State Finance Law, the State shall have no liability under this contract to the
Contractor or to anyone else beyond funds appropriated and available for this contract.


2. NON
-
ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance L
aw, this contract may not be assigned by the Contractor
or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the State’s
previous written consent,
and attempts to do so are null and void. Notwith
standing the foregoing, such prior written consent of an assignment of a contract let pursuant to
Article XI of the State Finance Law may be waived at the discretion of the contracting agency and with the concurrence of the

State Comptroller
where the orig
inal contract was subject to the State Comptroller’s approval, where the assignment is due to a reorganization, merger or
consolidation of the Contractor’s business entity or enterprise. The State retains its right to approve an assignment and to
require t
hat any
Contractor demonstrate its responsibility to do business with the State. The Contractor may, however, assign its right to re
ceive payments without
the State’s prior written consent unless this contract concerns Certificates of Participation pursua
nt to Article 5
-
A of the State Finance Law.


3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law (or, if this contract is with the State U
niversity or City
University of New York, Section 355 or Section 6218 of the Education

Law), if this contract exceeds $50,000 (or the minimum thresholds agreed to
by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any amoun
t to a contract which,
as so amended, exceeds said sta
tutory amount, or if, by this contract, the State agrees to give something other than money when the value or
reasonably estimated value of such consideration exceeds $10,000, it shall not be valid, effective or binding upon the State
until it has been
app
roved by the State Comptroller and filed in his office. Comptroller's approval of contracts let by the Office of General Ser
vices is required when
such contracts exceed $85,000 (State Finance Law Section 163.6
-
a). However, such pre
-
approval shall not be r
equired for any contract
established as a centralized contract through the Office of General Services or for a purchase order or other transaction iss
ued under such
centralized contract.


4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of

the State Finance Law, this contract shall be void and of no force
and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such

employees as are
required to be covered by the provisions of t
he Workers' Compensation Law.


5. NON
-
DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law)
and all other State and Federal statutory and constitutional non
-
discrimination provisions, t
he Contractor will not discriminate against any

25


employee or applicant for employment because of race, creed, color, sex, national origin, sexual orientation, age, disability
, genetic predisposition
or carrier status, or marital status. Furthermore, in acc
ordance with Section 220
-
e of the Labor Law, if this is a contract for the construction,
alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipme
nt or supplies, and to the
extent that thi
s contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, b
y reason of
race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen

who is qualified and available to
perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contrac
t. If this is a building
service contract as defined in Section 230 of the Labor Law, then, in
accordance with Section 239 thereof, Contractor agrees that neither it nor its
subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring ag
ainst any New York State
citizen who is qualified an
d available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work
under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220
-
e or Section 239 as

well as
possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation.


6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service
co
ntract covered
by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to
work more than the
number of hours or days stated in said statutes, except as otherwise provided in the Labor Law an
d as set forth in prevailing wage and
supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least
the prevailing
wage rate and pay or provide the prevailing supplements, including the premium

rates for overtime pay, as determined by the State Labor
Department in accordance with the Labor Law. Additionally, effective April 28, 2008, if this is a public work contract cover
ed by Article 8 of the
Labor Law, the Contractor understands and agrees t
hat the filing of payrolls in a manner consistent with Subdivision 3
-
a of Section 220 of the
Labor Law shall be a condition precedent to payment by the State of any State approved sums due and owing for work done upon
the project.


7. NON
-
COLLUSIVE BIDDING

CERTIFICATION. In accordance with Section 139
-
d of the State Finance Law, if this contract was awarded based
upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and with
out collusion aimed
at
restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and respon
sible person executed
and delivered to the State a non
-
collusive bidding certification on Contractor's behalf.


8. INTERNATIONAL

BOYCOTT PROHIBITION. In accordance with Section 220
-
f of the Labor Law and Section 139
-
h of the State Finance Law,
if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor
nor any substa
ntially
owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an i
nternational boycott in
violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or r
egulations thereunder. If such Contractor, or
any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations u
pon the final determination
of the United States Commerce Department or any other ap
propriate agency of the United States subsequent to the contract's execution, such
contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Com
ptroller within five (5)
business days of such c
onviction, determination or disposition of appeal (2NYCRR 105.4).



26


9. SET
-
OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set
-
off. These rights shall include, but not be
limited to, the State's option to withhold

for the purposes of set
-
off any moneys due to the Contractor under this contract up to any amounts due
and owing to the State with regard to this contract, any other contract with any State department or agency, including any co
ntract for a term
commencin
g prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without lim
itation, tax
delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set
-
off rights
in accordance with normal State
practices including, in cases of set
-
off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State
Comptroller.


10. RECORDS. The Contractor shall establish and maintain co
mplete and accurate books, records, documents, accounts and other evidence
directly pertinent to performance under this contract (hereinafter, collectively, "the Records"). The Records must be kept f
or the balance of the
calendar year in which they were m
ade and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other
person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall hav
e access to the
Records

during normal business hours at an office of the Contractor within the State of New York or, if no such office is available,
at a mutually
agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditi
ng and copying. The State
shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Secti
on 87 of the Public
Officers Law (the "Statute") provided that: (i) the Contractor shall timely inform
an appropriate State official, in writing, that said records should not
be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under t
he Statute is reasonable.
Nothing contained herein shall d
iminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation.


11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION. (a) Identification Number(s). Every invoice or New York State Claim

for
Payment submitte
d to a New York State agency by a payee, for payment for the sale of goods or services or for transactions (e.g., leases,
easements, licenses, etc.) related to real or personal property must include the payee's identification number. The number i
s any or
all of the
following: (i) the payee’s Federal employer identification number, (ii) the payee’s Federal social security number, and/or (i
ii) the payee’s Vendor
Identification Number assigned by the Statewide Financial System. Failure to include such number

or numbers may delay payment. Where the
payee does not have such number or numbers, the payee, on its invoice or Claim for Payment, must give the reason or reasons w
hy the payee
does not have such number or numbers.


(b) Privacy Notification. (1) The au
thority to request the above personal information from a seller of goods or services or a lessor of real or
personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of

this information by th
e
seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the Sta
te to identify individuals,
businesses and others who have been delinquent in filing tax returns or may have understated their
tax liabilities and to generally identify persons
affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax adminis
tration purposes
and for any other purpose authorized by law. (2) The personal in
formation is requested by the purchasing unit of the agency contracting to
purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is m
aintained in the
Statewide Financial System by the Vendo
r Management Unit within the Bureau of State Expenditures, Office of the State Comptroller, 110 State
Street, Albany, New York 12236.


27



12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In accordance with Section 312 of the Executive Law and 5
N
YCRR 143, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in ex
cess of $25,000.00,
whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplie
s, equipment, materials or any
combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agre
ement in excess of
$100,000.00 whereby a contracting agency is committed to expend or does expend fu
nds for the acquisition, construction, demolition,
replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of
$100,000.00 whereby
the owner of a State assisted housing project is committed t
o expend or does expend funds for the acquisition, construction, demolition,
replacement, major repair or renovation of real property and improvements thereon for such project, then the following shall
apply and by signing
this agreement the Contractor cer
tifies and affirms that it is Contractor’s equal employment opportunity policy that:


(a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, natio
nal origin, sex, age,
disability or marital s
tatus, shall make and document its conscientious and active efforts to employ and utilize minority group members and women
in its work force on State contracts and will undertake or continue existing programs of affirmative action to ensure that mi
nority g
roup members
and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, emp
loyment, job
assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other f
orms of compensation;


(b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorize
d representative of
workers with which it has a collective bargaining or other agreement or understanding, t
o furnish a written statement that such employment
agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, di
sability or marital status
and that such union or representative will affirmativ
ely cooperate in the implementation of the Contractor's obligations herein; and


(c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State
contract, all qualified
applicants will be afford
ed equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability

or marital status.


Contractor will include the provisions of "a", "b", and "c" above, in every subcontract over $25,000.00 for th
e 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. Section 312 does not apply to: (i) work, goods

or services unrelated to this contract; or (ii) employment outside New York
State. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concern
ing equal
employment opportunity which effectuates the

purpose of this section. The contracting agency shall determine whether the imposition of the
requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exi
sts, the contracting
agency shall w
aive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly pr
omulgated
and lawful rules and regulations of the Department of Economic Development’s Division of Minority and Women's Business De
velopment
pertaining hereto.



28


13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments there
to and
amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall contr
ol.


14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy c
lause
requires otherwise.


15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment

shall be governed by Article 11
-
A of the
State Finance Law to the extent required by law.


16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted t
o binding
arbitration (except where sta
tutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York.


17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Cont
ractor hereby
consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be

complete upon
Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal

Service as refused or
undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service o
f process can be
made. Service by the State to the last known address shall be sufficient. Contractor will

have thirty (30) calendar days after service hereunder is
complete in which to respond.


18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS. The Contractor certifies and warrants that all wood products to be used un
der
this contract award will be in accord
ance with, but not limited to, the specifications and provisions of Section 165 of the State Finance Law, (Use of
Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any

governmental
age
ncy or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the respons
ibility of the contractor
to establish to meet with the approval of the State.


In addition, when any portion of this contract invo
lving the use of woods, whether supply or installation, is to be performed by any subcontractor,
the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is
in compliance with
specifications
and provisions regarding use of tropical hardwoods as detailed in §165 State Finance Law. Any such use must meet with the
approval of the State; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualificati
on for ex
emption will be
the responsibility of the Contractor to meet with the approval of the State.


19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws

of
1992), the Contractor hereby stip
ulates that the Contractor either (a) has no business operations in Northern Ireland, or (b) shall take lawful steps
in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principl
es (as describ
ed in
Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles.



29


20. OMNIBUS PROCUREMENT ACT OF 1992. It is the policy of New York State to maximize opportunities for the participation of N
ew York
State business enterprises, including minority and women
-
owned business enterprises as bidders, subcontractors and suppliers on its
procurement contracts.


Information on the availability of New York State subcontractors and suppliers is available
from:


NYS Department of Economic Development

Division for Small Business

Albany, New York 12245

Telephone: 518
-
292
-
5100

Fax: 518
-
292
-
5884

email: opa@esd.ny.gov


A directory of certified minority and women
-
owned business enterprises is available from:


NYS Department of Economic Development

Division of Minority and Women's Business Development

633 Third Avenue

New York, NY 10017

212
-
803
-
2414

email: mwbecertification@esd.ny.gov

http://esd.ny.gov/MWBE/directorySearch.html


The Omnibus Procurement Act of
1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the
total bid amount is greater than $1 million:


(a) The Contractor has made reasonable efforts to encourage the participation of New York State

Business Enterprises as suppliers and
subcontractors, including certified minority and women
-
owned business enterprises, on this project, and has retained the documentation of these
efforts to be provided upon request to the State;


(b) The Contractor has

complied with the Federal Equal Opportunity Act of 1972 (P.L. 92
-
261), as amended;


(c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opport
unities on this
project through listing any s
uch positions with the Job Service Division of the New York State Department of Labor, or providing such notification in
such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document
these effo
rts and to
provide said documentation to the State upon request; and


30



(d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of

this contract and
agrees to cooperate with the State in the
se efforts.


21. RECIPROCITY AND SANCTIONS PROVISIONS. Bidders are hereby notified that if their principal place of business is located
in a country,
nation, province, state or political subdivision that penalizes New York State vendors, and if the goods

or services they offer will be substantially
produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 3
83,
respectively) require that they be denied contracts which they would otherwise ob
tain. NOTE: As of May 15, 2002, the list of discriminatory
jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and
Hawaii. Contact NYS
Department of Economic Development for a current
list of jurisdictions subject to this provision.


22. COMPLIANCE WITH NEW YORK STATE INFORMATION SECURITY BREACH AND NOTIFICATION ACT. Contractor shall comply with the
provisions of the New York State Information Security Breach and Notification Act (Gen
eral Business Law Section 899
-
aa; State Technology Law
Section 208).


23. COMPLIANCE WITH CONSULTANT DISCLOSURE LAW. If this is a contract for consulting services, defined for purposes of this re
quirement
to include analysis, evaluation, research, traini
ng, data processing, computer programming, engineering, environmental, health, and mental health
services, accounting, auditing, paralegal, legal or similar services, then, in accordance with Section 163 (4
-
g) of the State Finance Law (as
amended by Chapte
r 10 of the Laws of 2006), the Contractor shall timely, accurately and properly comply with the requirement to submit an
annual employment report for the contract to the agency that awarded the contract, the Department of Civil Service and the St
ate Comptr
oller.


24. PROCUREMENT LOBBYING. To the extent this agreement is a "procurement contract" as defined by

State Finance Law Sections 139
-
j and 139
-
k, by signing this agreement the contractor certifies and affirms that all disclosures made in accordance
w
ith State Finance Law Sections 139
-
j and 139
-
k are complete, true and accurate. In the event such certification is found to be intentionally false
or intentionally incomplete, the State may terminate the agreement by providing written notification to the
Contractor in accordance with the terms
of the agreement.


25. CERTIFICATION OF REGISTRATION TO COLLECT SALES AND COMPENSATING USE TAX BY CERTAIN STATE CONTRACTORS,
AFFILIATES AND SUBCONTRACTORS.

To the extent this agreement is a contract as defined by

Tax Law Section 5
-
a, if the contractor fails to make the certification required by Tax Law
Section 5
-
a or if during the term of the contract, the Department of Taxation and Finance or the covered agency, as defined by Tax Law
5
-
a,
discovers that the certi
fication, made under penalty of perjury, is false, then such failure to file or false certification shall be a material breac
h of
this contract and this contract may be terminated, by providing written notification to the Contractor in accordance with the

terms of the agreement,
if the covered agency determines that such action is in the best interest of the State.





31


APPENDIX B: GENERAL SPECIFICATIONS


GENERAL


1.

APPLICABILITY The terms and conditions set forth in this Appendix B are expressly
incorporated in and applicable to the resulting
procurement contracts let by the Office of General Services Procurement Services Group, or let by any other Authorized User w
here incorporated
by reference in its Bid Documents. Captions are intended as desc
riptive and are not intended to limit or otherwise restrict the terms and conditions
set forth herein.


2.

GOVERNING LAW This procurement, the resulting contract and any purchase orders issued hereunder shall be governed by the law
s of
the State of New Yo
rk except where the Federal supremacy clause requires otherwise, and actions or proceedings arising from the contract shall
be heard in a court of competent jurisdiction in the State of New York.


3.

ETHICS COMPLIANCE All Bidders/Contractors and their emp
loyees must comply with the requirements of Sections 73 and 74 of the
Public Officers Law, other State codes, rules, regulations and executive orders establishing ethical standards for the conduc
t of business with New
York State. In signing the Bid, Bidde
r certifies full compliance with those provisions for any present or future dealings, transactions, sales,
contracts, services, offers, relationships, etc., involving New York State and/or its employees. Failure to comply with thos
e provisions may result
in disqualification from the Bidding process, termination of contract, and/or other civil or criminal proceedings as required

by law.


4.

CONFLICT OF TERMS Unless otherwise set forth in the procurement or contract documents, conflicts among documents shall

be
resolved in the following order of precedence:

a.

Appendix A (Standard Clauses for NYS Contracts)

b.

Mini
-
Bid Project Definition if applicable and in accordance with the terms and conditions of the Back
-
Drop Contract.

c.

Contract and other writing(s)
setting forth the final agreements, clarifications and terms between the Bid Documents and Contractor’s Bid.
In the latter circumstance, clarifications must specifically note in writing what was offered by the Contractor and what was
accepted by the State
. If
not, such clarifications shall be considered last in the order of precedence under this paragraph.

d.

Bid Documents (Other than Appendix A).


i.

Bid Specifications prepared by the Authorized User.


ii.

Appendix B (General Specifications).


iii.

Inco
rporated Contract Appendices, if any, following the order of precedence as stated for Contract above.

e.

Contractor’s Bid or Mini
-
Bid Proposal.

f.

Unincorporated Appendices (if any).


5.

DEFINITIONS Terms used in this Appendix B shall have the following m