- Title
- Terrazzo Floor Maintenance at the Empire State Plaza
- Detail
- Overview
- The State of New York, Office of General Services (OGS), Division of Real Estate (DRE) oversees and operates approximately 18.6 million square feet of office space throughout New York State. The New York State Office of General Services is seeking bids from qualified contractors to provide maintenance and repair services for all cementitious and epoxy resin terrazzo flooring throughout the Empire State Plaza (ESP).
- Pdf Text
- NYS Office of General Services – Financial Administration Page 1 of 34
IFB #3128 – Terrazzo Floor Maintenance at the Empire State Plaza
Invitation for Bid # 3128
Solicited by
New York State Office of General Services
for
Terrazzo Floor Maintenance
at The Empire State Plaza
Issue Date: August 20, 2026
Primary Contact: Alternate Contact:
Nicholas Stearns
Contract Management Specialist 1
Phone: 518-408-0899
Email: Nicholas.Stearns@ogs.ny.gov
Sonya Stack
Contract Management Specialist 2
Phone: 518-486-7649
Email: Sonya.Stack@ogs.ny.gov
Alternate Contact:
Andrea Garavelli
Contract Management Specialist 3
Phone: 1-518-474-9139
Email: Andrea.Garavelli@ogs.ny.gov
NYS Office of General Services – Financial Administration Page 2 of 34
IFB #3128 – Terrazzo Floor Maintenance at the Empire State Plaza
Table of Contents
TABLE OF CONTENTS ..................................................................................................................... 2
1. INTRODUCTION ........................................................................................................................ 4
1.1 Overview ..................................................................................................................................... 4
1.2 Designated Contact ..................................................................................................................... 4
1.3 Key Events .................................................................................................................................. 5
1.4 Minimum Bidder Qualifications.................................................................................................... 5
1.5 Mandatory Site Visit .................................................................................................................... 6
1.6 Glossary of Terms ....................................................................................................................... 7
2. SCOPE OF WORK .................................................................................................................... 8
2.1 General Scope ............................................................................................................................ 8
2.2 Specifications/Scope Requirements ........................................................................................... 8
2.3 Staffing Requirements ................................................................................................................. 9
2.4 Staff Training and Qualifications ............................................................................................... 10
2.5 Schedule Of Services ................................................................................................................ 10
2.6 Badges ...................................................................................................................................... 10
2.7 Administrative/Reporting Requirements ................................................................................... 10
2.8 OSHA (Occupational Safety & Health Administration) Training Requirements ........................ 11
2.9 Right to Know ............................................................................................................................ 11
2.10 Safety Data Sheets (SDS) ........................................................................................................ 12
2.11 Prevailing Wage Rate Advisory Notice ..................................................................................... 12
2.12 Contractors Compensatory Liability .......................................................................................... 12
2.13 Background Checks .................................................................................................................. 12
2.14 Warranties ................................................................................................................................. 15
2.15 Confidentiality ............................................................................................................................ 15
2.16 Parking ...................................................................................................................................... 15
3. BID SUBMISSION ................................................................................................................... 16
3.1 IFB Questions and Clarifications ............................................................................................... 16
3.2 Bid Format and Content ............................................................................................................ 16
3.3 Bid Preparation.......................................................................................................................... 18
3.4 Packaging of IFB Response...................................................................................................... 18
3.5 Instructions for Bid Submission ................................................................................................. 18
4. ADMINISTRATIVE INFORMATION ............................................................................................. 20
4.1 Issuing Office............................................................................................................................. 20
4.2 Method of Award ....................................................................................................................... 20
4.3 Term of Contract ....................................................................................................................... 20
4.4 Price .......................................................................................................................................... 20
4.5 Price Adjustment (Escalation / De-escalation) .......................................................................... 21
4.6 Method of Payment ................................................................................................................... 22
4.7 Electronic Payment ................................................................................................................... 22
4.8 Exceptions and Extraneous Terms ........................................................................................... 23
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IFB #3128 – Terrazzo Floor Maintenance at the Empire State Plaza
4.9 Dispute Resolution .................................................................................................................... 23
4.10 Rules of Construction ................................................................................................................ 23
4.11 Balanced Bids ........................................................................................................................... 23
4.12 Prime Contractor Responsibilities ............................................................................................. 24
4.13 Examination of Contract Documents ........................................................................................ 24
4.14 Debriefings ................................................................................................................................ 24
4.15 Procurement Rights .................................................................................................................. 25
5. CONTRACT CLAUSES AND REQUIREMENTS ............................................................................ 26
5.1 Appendix A / Order of Precedence ........................................................................................... 26
5.2 Past Practice ............................................................................................................................. 26
5.3 Procurement Lobbying Requirement ........................................................................................ 26
5.4 Tax and Finance Clause ........................................................................................................... 26
5.5 Freedom of Information Law / Trade Secrets ........................................................................... 27
5.6 General Requirements .............................................................................................................. 27
5.7 Subcontractors .......................................................................................................................... 28
5.8 Extent of Services ..................................................................................................................... 29
5.9 Termination ............................................................................................................................... 29
5.10 NYS Vendor Responsibility ....................................................................................................... 30
5.11 New York State Vendor File Registration ................................................................................. 31
5.12 Ethics Compliance .................................................................................................................... 31
5.13 Indemnification .......................................................................................................................... 32
5.14 Force Majeure ........................................................................................................................... 32
5.15 Encouraging Use of New York State Businesses in Contract Performance ............................. 32
5.16 Sexual Harassment Prevention................................................................................................. 33
5.17 Participation Opportunities For New York State Certified Service-Disabled Veteran-Owned
Businesses ................................................................................................................................ 33
IFB Appendix A…….Standard Clauses for New York State Contracts
IFB Appendix B…….Required Forms
IFB Appendix C..…...Sample Contract
IFB Appendix D……Insurance Requirements
IFB Appendix E…....MWBE and EEO Requirements
IFB Attachment 1….Bid Proposal Form
IFB Attachment 2….NTMA Restoration of Terrazzo Guide Specification
IFB Attachment 3….NTMA Terrazzo Maintenance Guide
IFB Attachment 4….ESP Floor Plans
IFB Attachment 5….Invoice Checklist
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IFB #3128 – Terrazzo Floor Maintenance at the Empire State Plaza
1. Introduction
1.1 Overview
The State of New York, Office of General Services (OGS), Division of Real Estate (DRE) oversees
and operates approximately 18.6 million square feet of office space throughout New York State.
The New York State Office of General Services is seeking bids from qualified contractors to
provide maintenance and repair services for all cementitious and epoxy resin terrazzo flooring
throughout the Empire State Plaza (ESP).
1.2 Designated Contact
In compliance with the Procurement Lobbying Law, Nicholas Stearns, Contract Management
Specialist 1, NYS Office of General Services, Division of Financial Administration has been
designated as the Primary Contact for this procurement and may be reached by email or phone
for all inquiries regarding this Solicitation.
Nicholas Stearns, Contract Management Specialist 1
NYS Office of General Services
Financial Administration / Agency Procurement Office
32nd Floor, Corning Tower Bldg., Empire State Plaza
Albany, New York 12242
Phone: 518-408-0899
Email: Nicholas.Stearns@ogs.ny.gov
In the event the designated contact is not available, the alternate designated contacts are:
Sonya Stack, Contract Management Specialist 2
NYS Office of General Services
Financial Administration / Agency Procurement Office
32nd Floor, Corning Tower Bldg., Empire State Plaza
Albany, New York 12242
Phone: 518-486-7649
Email: Sonya.Stack@ogs.ny.gov
Andrea Garavelli, Contract Management Specialist 3
NYS Office of General Services
Financial Administration / Agency Procurement Office
32nd Floor, Corning Tower Bldg., Empire State Plaza
Albany, New York 12242
Phone: 518-474-9139
Email: Andrea.Garavelli@ogs.ny.gov
For inquires related specifically to Minority and Women-Owned Business Enterprises (MWBE)
and to Service-Disabled Veteran Owned Businesses (SDVOB) provisions of this procurement
Solicitation, the designated contact is:
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IFB #3128 – Terrazzo Floor Maintenance at the Empire State Plaza
Theresa Chiweteoke, Compliance Specialist 2
NYS Office of General Services
Office of Business Diversity / MWBE / SDVOB
29th Floor, Corning Tower Bldg., Empire State Plaza
Albany, New York 12242
Phone: 518-408-0432
Email: OGS.sm.MWBE@ogs.ny.gov
For inquiries related specifically to insurance requirements of this procurement Solicitation,
contact:
NYS Office of General Services
Bureau of Risk and Insurance Management
32nd Floor, Corning Tower Bldg., Empire State Plaza
Albany, New York 12242
Phone: 518-473-0310
Email: ogs.sm.insrev@ogs.ny.gov
1.3 Key Events
The Table below outlines the schedule for important action dates.
OGS Issues Invitation for Bid (IFB) #3128 August 20, 2026
Mandatory Site Visit September 23, 2026, at 10:00am
Deadline for Submission of Bidder Questions September 30, 2026, at 2:00pm
OGS Issues Responses to Written Questions (estimated) October 7, 2026
Bid Due Date October 21, 2026, at 2:00pm
Contract Start Date 1st of the month following OSC
Approval
1.4 Minimum Bidder Qualifications
Bidders are advised that the State’s intent is to ensure that only responsive, responsible, qualified,
and reliable Contractors enter into a contract to perform the work as defined in this document.
The State considers the following qualifications to be a pre-requisite in order to be considered a
qualified Bidder for purposes of this Solicitation. Bidders not meeting the qualifications below will
be disqualified. Bidders may not use a Subcontractor’s or any other entity’s qualifications to meet
requirements.
The following minimum requirements (A1 or A2, B and C) must be met by each Bidder:
A1. The Bidder shall have at least five years of experience with maintenance and repair
services for cementitious and epoxy resin terrazzo.
Or
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IFB #3128 – Terrazzo Floor Maintenance at the Empire State Plaza
A2. The Bidder’s senior management personnel have been actively engaged cumulatively for
the Bidder and/or another firm in which they also served as senior personnel for at least the
past five years. Provided, however, in the case of the latter situation, the Bidder must have
been in business for at least six months.
And
B. Successfully completed maintenance and repair of 700,000 square feet or more of
terrazzo flooring.
C. The bidder and staff shall be members of the National Terrazzo and Mosaic Association.
The State of New York retains the right to request any additional information pertaining to the
Contractor's ability, qualifications, and procedures used to accomplish all work under this contract,
as it deems necessary to ensure safe and satisfactory work.
1.5 Mandatory Site Visit
Bidders intending to submit a bid will be required to attend a Mandatory Site Visit, which will
include a tour of the buildings on the date and time indicated in Section 1.3 – Key Events. This is
the only date and time available for inspection. Alternate dates for additional site inspections will
not be available. Attendees will be required to sign in and provide basic company and contact
information. This information will be used to verify attendance and to communicate any changes
to the Solicitation (addenda). Therefore, it is imperative that the provided information be legible
and accurate. Failure to attend the Mandatory Site Visit will result in rejection of the bid.
The Facilitator of the event will publicly announce the official start time of the Mandatory
Site Visit, which announcement shall be made no sooner than the time stated in Section
1.3 – Key Events. Prospective Bidders arriving after the official start time of the Mandatory
Site Visit will be precluded from attending the Mandatory Site Visit, and therefore unable
to submit a responsive bid.
The Mandatory Site Visit will be held at: Empire State Plaza, Plaza Ops Office, Concourse
room 130.
Due to security restrictions, all Bidders are strongly encouraged to pre-register with Nicholas
Stearns at Nicholas.Stearns@ogs.ny.gov at least 24 hours in advance of the site visit date and
time as listed above in Section 1.3 – Key Events. It is recommended that attendees arrive at the
building at least 30 minutes prior to scheduled time with photo identification.
In accordance with State Finance Law §139-j(3)(a)(3), this Mandatory Site Visit is covered
by the permissible subject matter authorization. A vendor is authorized to speak with
representatives other than Designated Contact(s) for the sole purpose of the Mandatory
Site Visit (to arrange attendance, during the conduct of the visit and to pose questions
regarding the site).
The Mandatory Site Visit will provide an opportunity for Bidders to see first-hand the existing
equipment, the tasks to be performed and the special needs of the facility. Questions during the
Mandatory Site Visit will be permitted. It is suggested that the Bidder note the question and ask
at the end of the tour.
Verbal answers are not official answers. All questions asked at the Mandatory Site Visit must be
submitted via email to the designated contact for this Solicitation no later than the date and time
indicated in Section 1.3 – Key Events. Official answers to all questions will be distributed in the
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IFB #3128 – Terrazzo Floor Maintenance at the Empire State Plaza
form of an addendum posted to the OGS Bid Calendar. All attendees will be provided a link via
email to obtain any and all addenda related to this Solicitation. Only answers provided by
addendum are considered official.
Note: If there are any questions Bidders would like addressed at the Mandatory Site Visit, Bidders
should submit them in writing as instructed in Section 3.1 – IFB Questions and Clarifications, to
the designated contact prior to the date of the Mandatory Site Visit. Questions during the
Mandatory Site Visit or Pre-Bid Conference will be permitted, however, only questions submitted
in writing and answered via addendum will be considered official.
1.6 Glossary of Terms
“Bidder” or “Offeror” shall mean any person, partnership, firm, corporation, or other authorized
entity submitting a bid to the State pursuant to this Solicitation.
“Commissioner” shall mean the Commissioner of the New York State Office of General Services
or duly authorized representative.
“Contractor” shall mean a successful bidder awarded a contract pursuant to this Solicitation.
“Facility Manager and/or their designee” is the OGS employee responsible for the day-to-day
operation and safety of the buildings and grounds on which the work is being performed.
“Invitation for Bid”, “IFB”, or “Solicitation” shall mean this document.
“Issuing Office” shall mean the New York State Office of General Services, Division of Financial
Administration.
“OGS” shall mean the New York State Office of General Services.
“OSC” shall mean the Office of the New York State Comptroller.
The “State” shall mean The People of the State of New York, which shall also mean the New
York State Office of General Services.
“Subcontractor” shall mean an approved third-party Contractor hired by the Contractor to
perform services pursuant to this Solicitation.
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IFB #3128 – Terrazzo Floor Maintenance at the Empire State Plaza
2. Scope of Work
2.1 General Scope
The New York State Office of General Services (OGS), on behalf of the OGS Division of Real
Estate (DRE) seeks a qualified vendor to provide maintenance and repair services for
cementitious and epoxy resin terrazzo flooring throughout the Empire State Plaza (ESP).
2.2 Specifications/Scope Requirements
All work shall be performed in accordance with current standards and recommendations
established by the National Terrazzo & Mosaic Association (NTMA), using materials and methods
compatible with the existing terrazzo system to preserve the appearance, durability, and integrity
of the flooring surfaces. Work should follow guidelines in IFB Attachment 2 – NTMA Restoration
of Terrazzo Guide Specification and IFB Attachment 3 – NTMA Terrazzo Maintenance Guide.
2.2.1. Maintenance
A. Perform maintenance of cementitious and epoxy resin terrazzo in accordance with current
standards and recommendations established by the National Terrazzo & Mosaic
Association, including grinding, honing, polishing, and sealing procedures appropriate to
the existing terrazzo surface condition.
B. Restore terrazzo surfaces to a uniform, smooth finish free of visible scratches, haze,
stains, and uneven sheen, using materials and methods compatible with the existing
terrazzo system and compliant with NTMA guidelines.
C. Maintenance will be done in sections designated by OGS staff due to the size of the area
to be completed.
2.2.2. Patching and Repair
A. Patch and repair damaged terrazzo flooring, ensuring seamless integration with existing
surfaces. Matching all material properties including color, composition, aggregate and
texture/finish, etc.
B. Address cracks, chips, or other damage in terrazzo maintaining aesthetic and structural
integrity.
2.2.3. New Terrazzo Installations
A. Perform finish work on any new terrazzo installations, ensuring consistency with existing
flooring in terms of polish and appearance.
2.2.4. Stain Removal
A. Stain removal shall include removal of dirt, embedded debris, discoloration, and staining
from terrazzo flooring surfaces using methods and products specifically designed for
terrazzo.
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IFB #3128 – Terrazzo Floor Maintenance at the Empire State Plaza
B. Stain removal processes shall not damage, etch, dull, or otherwise adversely affect
terrazzo finish. Surfaces shall be left clean, uniform in appearance, and free of visible
residue, streaking, or discoloration.
2.2.5. Equipment and Materials
A. Power: 208-volt 3 phase is widely accessible throughout the ESP. 480-volt power is
available but location and distance from work areas may be an issue.
B. All equipment and materials must comply with NTMA standards for care and preservation,
avoiding any products that could damage surfaces.
2.2.6. Performance Standards
A. All work must comply with NTMA guidelines and preserve the aesthetic and integrity of the
ESP. Maintenance must achieve a consistent, high-gloss finish without the use of chemical
or wax-based products.
B. Repairs and patches must be seamless, matching the color, texture, and finish of existing
flooring.
C. Work must be performed with minimal disruption to building operations, adhering to OGS
schedules and access requirements.
D. The vendor must comply with all applicable safety and environmental regulations,
including proper disposal of debris and waste materials.
2.3 Staffing Requirements
The Contractor shall provide sufficient staff to complete the required work, possessing the
qualifications and experience detailed in Section 2.4 - Staff Training and Qualifications.
Contractor shall perform all services diligently and effectively under the oversight and direction of
the OGS Facility Manager or their Designee.
A. All Contractor’s staff shall comply with all rules and requirements of this contract, including
the drug and alcohol policies. Refer to Section 5.6 – General Requirements.
B. All staff assigned shall report to work in appropriate dress and appearance.
C. Any failure to comply with any of the requirements of this solicitation may result in the
removal from the premises.
D. All personnel provided shall have adequate experience, qualifications, training, and be
members of the National Terrazzo and Mosaic Association. If OGS determines that the
personnel provided are not of adequate experience, the Contractor shall provide
satisfactory substitute personnel upon request.
Proposed staffing plan and actual shift times are subject to OGS approval. Work/shift hours are
subject to modification by the Facility Manager or their Designee at their discretion. Contractor
shall always provide the same level of qualified and experienced staff (i.e., vacation, sick time,
etc.).
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IFB #3128 – Terrazzo Floor Maintenance at the Empire State Plaza
2.4 Staff Training and Qualifications
A. The Contractor shall provide documentation of employee training programs specific to
maintaining and repairing terrazzo flooring. This includes:
i. Certifications or training in terrazzo maintenance and installation from recognized
industry organizations (e.g., National Terrazzo & Mosaic Association).
ii. Experience levels of key personnel assigned to the project.
B. Employees must be proficient in the use of specified equipment and adherence to the
maintenance process described.
2.5 Schedule Of Services
The Contractor will be able to provide services Monday through Friday, from 7:00am to 10:00pm,
excluding holidays. There will be specific quiet periods required for certain events, and the
Contractor will receive a notification at least 48 hours in advance of dates and times when noisy
operations are prohibited. Occasionally, work may need to be done during off hours or on
weekends, and the Contractor will be notified at least 48 hours in advance for these arrangements.
State Holidays: During the following twelve State holidays, the Contractor is not expected to
perform contract services.
• New Year’s Day
• Martin Luther King, Jr.’s Birthday
• Washington’s Birthday
• Memorial Day
• Juneteenth
• Independence Day
• Labor Day
• Columbus Day
• Election Day
• Veterans’ Day
• Thanksgiving Day
• Christmas Day
2.6 Badges
OGS ID badges will be strictly required and must be prominently displayed at all times by all
employees performing work on State premises. OGS will provide the ID badges to the Contractor
at a cost of $13.00 per employee. If a replacement badge is needed for one which is lost there is
a replacement cost. These badges are obtained from the Department of Motor Vehicles system
for all employees with a driver’s license or non-driver ID. Employees who do not have either a
New York State Driver’s license or non-driver ID will be required to obtain one in order to process
the ID.
Note: There is a process for obtaining ID Badges, which will be discussed at the initial job meeting
upon award.
2.7 Administrative/Reporting Requirements
It is expected that the Contractor shall maintain accurate records.
The Facility Manager will provide a logbook and Contractor’s staff will be required to sign-in and
out when on-site.
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The Contractor will also provide a weekly and monthly work schedule report, which will detail all
work completed. The report will include the following:
A. Schedule of when work was done (date and time)
B. Location of the work
C. A detailed description of what work was done
2.8 OSHA (Occupational Safety & Health Administration) Training
Requirements
Prior to service commencement, the Facility Manager shall inform the Contractor of known
hazard(s) or chemical(s) the Contractor may encounter during the performance of obligations
herein. This notification shall include site-specific practices necessary for the safe conduct of
work, in compliance with applicable standards, rules, regulations, and OGS procedures.
The Contractor shall provide safety orientation training for each employee. Orientation shall
include, but not be limited to, the following subject areas: OSHA 10, hazard communication,
personal protective equipment, safety hazards, injury reporting protocols, and emergency
evacuation procedures. The Contractor is required to provide the Facility Manager with sufficient
proof of training, for each employee, prior to the individual’s performance of services at the
Facility.
It is the Contractor’s responsibility to provide the Facility Manager with all employee updates
and/or renewals necessary to satisfy the general contract obligations. Failure to provide
documentation may result in the rejection of employee(s) until satisfactory documentation is
provided.
The Contractor must coordinate with the Facility Manager to be informed of the site’s Emergency
Action Plan. The Contractor’s Staffing Plan provided pursuant to §4.1, shall designate an
emergency contact for use in the event of an environmental health and safety emergency. Once
the contract is awarded, any change to the emergency contact during the duration of this
agreement, including name or contact information, must be communicated to the Facility
Manager, immediately.
In circumstances where specific OSHA or NYS Department of Labor regulated work is required,
the Contractor shall have all pertinent and up-to-date certifications, beyond the “awareness” level,
as required by regulations for the specific work to be performed. On-site employees will be trained
to do the work, supervised by employees with higher knowledge/training, as required by
regulation.
2.9 Right to Know
In accordance with the New York State Toxic Substance Act (Right-to-Know Law) and the United
States Occupational Safety and Health Administration’s Hazard Communication Standard, the
Office of General Services has established and implemented a Right-to-Know/Hazard
Communication Program. It is the policy of OGS to provide information and training to advise
employees of potentially hazardous substances known to be in the workplace. Part of this
information is a collection of Safety Data Sheets for all chemicals used at State Office Buildings
by contract vendors. Before any chemical product is used on or in any building, a copy of the
product label and Safety Data Sheet must be provided to and approved by the Facility Manager
before the chemical is applied.
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2.10 Safety Data Sheets (SDS)
Within ten calendar days’ post-award of an executed contract, the Contractor shall provide a
written list and associated SDS Sheets of all chemicals to be used at the Facility. Two copies are
required, one copy will be held by the Contractor and one copy will be provided to the respective
Facility Manager’s office at each location. This chemical list/inventory shall be updated by the
Contractor and provided to the Facility Manager monthly.
2.11 Prevailing Wage Rate Advisory Notice
This contract is subject to the prevailing wage requirements for public works. The NYS
Department of Labor (DOL) has determined that the prevailing wage title applicable to this
contract is for Mason. DOL Article 8 - Prevailing Rate Case Number PRC# 2025010959 has been
assigned to the project.
For additional information and requirements regarding Article 8 Prevailing Wage Rates, please
see:
https://apps.labor.ny.gov/wpp/showFindProject.do?method=showIt
Public Work Contractor and Subcontractor Registry
Starting December 30, 2024, all contractors and subcontractors submitting bids or performing
construction work on public work projects or private projects covered by Article 8 of the Labor
Law are required to register with the New York State Department of Labor (NYSDOL) under Labor
Law Section 220-i. As this procurement contains work that is covered by Article 8, all vendors
must register with NYSDOL at https://dol.ny.gov/how-register-contractor-and-subcontractor-
registry. All vendors are responsible for verifying that any subcontractors they propose utilizing
are registered.
2.12 Contractors Compensatory Liability
In the event that the Contractor fails to complete any of the specified services within the timeframe
required, OGS reserves the right to have such work completed either by another Contractor or
with in-house staff. In any such event, the Contractor shall be liable to reimburse OGS for all costs
incurred to complete the work. OGS further reserves the right to collect such reimbursement from
any outstanding payments due to the Contractor.
2.13 Background Checks
The Contractor must perform a background check, and make a suitability determination, on each
employee before said employee may perform On-Site contract services at the Facility.
NOTE: The cost to the Contractor for performing requirements of this section should be
considered when calculating bid prices. The Contractor will not be entitled to charge separately,
or seek reimbursement, for costs to comply with this requirement. Background checks pursuant
to this agreement shall be performed at no additional cost to the State. For purposes of this
clause, the following definitions apply:
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Term Definition
Suitability Identifiable character traits and past conduct that are reasonably
sufficient to indicate whether a given individual is likely to be able to
perform the requirements of a contract at OGS On-Site locations
without undue risk to the interests of the State.
Suitability
Determination
A determination that there are reasonable grounds to believe that an
individual will likely be able to perform the contract requirements On-
Site without undue risk to the interests of the State.
The Contractor shall maintain a continuous list of background checks and suitability
determinations noted above and shall provide this list to the OGS Facility Manager prior to the
commencement of services. The list shall be updated and resubmitted to the OGS Facility
Manager as changes occur including any On-Site incidents.
Background Check Guidelines
The Contractor is responsible for completing background checks and making suitability
determinations on its employees prior to the employees beginning On-Site work. Compliance
with the requirement for performing a background check and making a suitability determination
shall not be construed as providing an employee clearance to secured areas.
At a minimum, the background check and suitability determination must include an evaluation of
the information resources identified below.
Background Check: Information Resources
Verification that the individual is not named on a national watched person database,
including the Specially Designated Nationals and Blocked Persons list published by the
U.S. Treasury Department.
Criminal History checks to be performed either by using a national database that contains
criminal histories and supplement this search by checks of NYS Office of Court
Administration (“NYSOCA”) and comparable searches of states where the person has
lived, worked, or attended school during the past 5 years; OR by obtaining the record of
convictions from NYSOCA directly and from their equivalents from other states where
the person might have lived, worked, or attended school during the last 5 years.
DMV driving records.
Social Security Number trace.
Verification of U.S. citizenship or legal resident status.
Residential history. This should be requested on the employment application to compare
against data from the DMV, or other records searches, for verification.
In making a suitability determination, the contractor shall consider, at a minimum, the following
factors and evaluate them against the work to be performed, the performance location, and the
degree of risk to the State.
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Background Check: Indicators of Unsuitability
Loyalty or terrorism issues.
Patterns of conduct (e.g., alcohol/drug abuse, financial irresponsibility/major liabilities,
dishonesty, unemployability for negligence or misconduct, criminal conduct).
Dishonorable military discharge.
Felony and misdemeanor offenses.
Employment-related misconduct, including dishonesty, criminal, or violent behavior.
The Contractor shall evaluate any adverse information about an individual by considering the
following factors before making a suitability determination.
Background Check: Factors Affecting Determination
The nature, extent, and seriousness of the conduct.
The circumstances surrounding the conduct.
The frequency and recency of the conduct.
The individual’s age and maturity at the time of the conduct.
The presence or absence of rehabilitation and other pertinent behavior changes.
The potential for pressure, coercion, exploitation, or duress.
The likelihood of continuation of the conduct.
How, and if, the conduct bears upon potential job responsibilities.
The employee’s employment history before and after the conduct.
Each suitability determination should be documented in a narrative. If negative items are
mitigated by subsequent passage of time or completion of any relevant programs that are
rehabilitative in nature, this rationale should be included in the narrative. A negative suitability
determination must be supported by a finding that the adverse information has a direct bearing
on the individual’s ability to perform services, under the terms of this contract, or that it is deemed
sufficiently serious to bar the employee from a State site.
Employee Removal
At any point, should the Contractor become aware that an employee working On-Site poses an
unacceptable risk to the State, the Contractor shall immediately remove that employee from the
site, notify the OGS Facility Manager that such a removal has taken place, and replace them with
a qualified substitute immediately.
Notification
Prior to commencement of On-Site contract performance, the Contractor shall notify the OGS
Facility Manager that the background checks and suitability determinations required herein have
been completed for all individuals.
NYS Office of General Services – Financial Administration Page 15 of 34
IFB #3128 – Terrazzo Floor Maintenance at the Empire State Plaza
2.14 Warranties
Contractor warrants that the services acquired under this Contract will be provided in a
professional and workmanlike manner in accordance with industry standards.
All materials and workmanship provided under this contract shall be warranted for a minimum of
one year. Where Contractor, Product manufacturer or service provider generally offers additional
or more advantageous warranties, such additional or more advantageous warranty shall apply.
All warranties contained in this Contract shall survive the termination of this Contract.
2.15 Confidentiality
Contractor agrees to keep confidential and not to disclose to third parties any information provided
by the OGS or learned by the Contractor during the performance of the Contract unless Contractor
has received the prior written consent of the OGS to make such disclosure. This provision shall
survive the expiration and termination of this Contract. The Contractor warrants that all of its
operations are compliant with all federal, state and local laws, rules and regulations pertain to the
privacy and/or security of personal and confidential information.
2.16 Parking
At the Contractor’s expense, the State will reserve one paid parking space for an oversized
vehicle located on P-1 parking level at the Empire State Plaza for the life of the Contract. Current
monthly cost is $68.99; however, price is subject to increase once a year. Con
- Contacts
- Name
- Nicholas Stearns
- Role
- Designated Contact
- Email
- nicholas.stearns@ogs.ny.gov
- Phone
- 518-408-0899
- Title
- Contract Management Specialist 1
- Name
- Sonya Stack
- Role
- Designated Contact
- Email
- sonya.stack@ogs.ny.gov
- Phone
- 518-486-7649
- Title
- Contract Management Specialist 2
- Name
- Andrea Garavelli
- Role
- Designated Contact
- Email
- andrea.garavelli@ogs.ny.gov
- Phone
- 518-474-9139
- Title
- Contract Management Specialist 3
- Bid Number
- 3128
- Categorized By
- llm
- Detail Fetched
- Yes
- Bid Opening Date
- Oct 21, 2026
NYS Office of General ServicesIssuing agency·Albany, NY·via the NYS Office of General Services Procurement Services