ProcureNEXT, SUNY's Nexus for Excellence in Procurement Technology Initiative Consultant

Overview This Request for Proposal (“RFP”) is issued by the State University of New York at Stony Brook on behalf of the State University of New York (hereinafter referred to as “SUNY”) to solicit proposals for the project management and implementation of ProcureNEXT, SUNY’s Nexus for Excellence in Procurement Technology initiative which consists of a multi-phase transformation aimed at modernizing, standardizing, and optimizing procurement operations across 29 state-operated SUNY campuses while ensuring compliance with all relevant regulations to the State University of New York, Albany, NY 12246, as herein described in accordance with this SUNY at Stony Brook RFP #25/26-144MC and exhibits and attachments attached hereto and made a part hereof of this RFP. ProcureNEXT will initially focus on creating a common foundation of advanced procurement technology, centered on the Jaggaer eProcurement System. It will support system-wide implementation, adoption, and integration of tools that enable automated workflows, spend analytics, digital contract management, and robotic process automation. Emphasis will be placed on addressing barriers to adoption across a range of campus readiness levels, from non-adopters to advanced users, ensuring that all campuses benefit from a unified, modern procurement infrastructure. This project includes two main components: Component 1: Jaggaer System Adoption and Campus Optimization – Technical implementation and onboarding to ensure consistent adoption of Jaggaer across 29 state-operated SUNY campuses. Component 2: Technology Enablement and Integration – Integration of AI tools, automation technologies, and analytics to improve procurement efficiency, decision-making, and service delivery. This work supports key institutional goals such as improved operational efficiency, increased adoption of procurement best practices, centralized resource support, and greater visibility into system-wide procurement activity. The State University of New York’s Background SUNY is the largest comprehensive public university system in the United States, educating more than 375,000 students in more than 7,500 degree and certificate programs on 64 individual campuses with nearly 3 million alumni around the globe. Enrollments include: 4 University Centers and Doctoral Degree Granting Institutions offering academic programs through the doctoral level, each enrolling between 1,000 to over 19,000 undergraduate students; 13 University Colleges offering academic programs at master’s level, each enrolling between 3,700 to over 9,000 undergraduate students; 8 University Colleges of Technology offering academic programs at master’s level, each enrolling between 1,600 and 6,000 undergraduate students; and 30 community colleges offering academic programs at the associate’s level, each enrolling between 1,700 to over 26,000 undergraduate students. Historically, SUNY's procurement activities have relied on multiple manual steps, resulting in inefficiencies, delays, and errors. In 2016, SUNY partnered with Jaggaer to implement its eProcurement Solution. However, significant variation in use among campuses has led to underutilization and missed opportunities for cost savings. Contributing factors include inconsistent onboarding processes, varying levels of staff technical proficiency, limited staff capacity, and insufficient centralized resources. The rapid expansion in AI technologies presents new opportunities to automate processes and enhance services, which can be leveraged through a centralized resource. These challenges are particularly evident at Comprehensive, Technical Colleges, and Community Colleges, which have fewer staff resources. The establishment of ProcureNEXT is essential to address these barriers, enabling consistent onboarding, providing technical support, and facilitating the full implementation of advanced procurement management software with Bolt-On AI technologies. ProcureNEXT will unlock significant efficiencies and cost savings for SUNY. The resultant contract shall be for a maximum term of three (3) years with two (2), one (1) year renewal options, as a Professional Services agreement. The award shall be made on a “Best Value” basis, as defined herein, to the responsive and responsible Bidder that receives the highest composite score, subject to mutual consent and final approval by the Office of the NYS Attorney General and the Office of the NYS Comptroller. This engagement will directly support the ProcureNEXT transformation, with a focus on unifying procurement practices, expanding adoption of the Jaggaer eProcurement platform, and integrating key technologies to drive efficiency and collaboration across SUNY institutions. Proposals shall be comprehensive, detailed, and all-inclusive, addressing all aspects of the specifications contained in this RFP and submitted by qualified and interested Bidders capable of delivering such Professional Services. This RFP constitutes a competitive solicitation and does not represent an offer. The awarded proposal will be that which best optimizes quality, cost, and efficiency in alignment with SUNY’s procurement modernization objectives and meets the standards of responsiveness and responsibility. Additional information about SUNY and its students can be found at the following website: http://www.suny.edu/ RFP Key Events: Bid Opens Tuesday, April 14, 2026, at 7:00 AM EST Bidders Questions Due Monday, April 27, 2026, at 3:00 PM EST Proposals Due Date and Time (Any proposal received after the deadline will not be considered.) Tuesday, May 29, 2026, at 3:00 PM EST Presentation/Demo/Interview (Hybrid) TBD Anticipated Contract Date TBD SUNY reserves the right, in its sole discretion, to modify the above schedule. Bidders will be notified via email of any changes in a timely manner. Acceptance of Bid Content The contents of the Bid and the Bidder’s response to this Bid shall become contractual obligations if a contract ensues. Failure of the Bidder to accept these obligations may result in the rejection of the Bidder’s response. Any additional Bidder terms which are attached or referenced with a submission shall not be considered part of the bid or proposal but shall be deemed included for informational purposes only. Restricted Period In accordance with the requirements of New York State Finance Law Sections 139-j and 139-k (“Lobbying Law”), the RESTRICTED PERIOD for this procurement is now in effect. Therefore, all communications regarding this procurement must be handled through Stony Brook University’s “Designated Contacts” ONLY. See Exhibit L for additional information. Please see below for the DESIGNATED CONTACT. Bidder Questions Questions regarding the electronic bidding process should be directed to the: DESIGNATED CONTACT: Linda Santos Assistant Director of Strategic Sourcing (IT Category) +1 (555) 000-0000 E-mail: contact@example.gov All questions should be submitted on the electronic sourcing Q&A Board, citing the particular event section where applicable. Bidders should make efforts to ensure all questions are submitted no later than the date listed in the Key Events section, as questions received after the closing date for questions may not be responded to before the proposal due date. Bidder identifying information will not be included in the response. Only answers posted on the electronic sourcing Q&A Board are official. Responses to inquiries that substantially change or clarify the event in a substantial manner will be posted as an addendum. It is the responsibility of the Bidder to inquire about any requirement of this event that is not understood. SUNY will not be bound by oral responses to inquiries or written responses other than addenda. Bid Opening SUNY reserves the right not to hold a public bid opening or, at any time, to postpone or cancel a scheduled bid opening. In the event a public bid opening is scheduled, Bidders will be notified. Method of Award (RFP) This RFP is part of a competitive procurement process designed to serve the best interests of SUNY and provide all bidders with a fair opportunity. Each proposal will be scored individually and evaluated on the basis of “Best Value” by an evaluation committee comprised of SUNY representatives. The evaluation process will include the following steps: Mandatory Pre-Bid Conference: No Pre-Bid Conference will be held. RFP Review Process Administrative Review Each proposal received by the due date and time will be screened for completeness and conformance with requirements for proposal submission in accordance with this RFP. Minimum Bidder Qualifications/References/Mandatory and HECVAT/VPAT/EIT Accessibility Technical Bidder Requirements Review (Pass/Fail) Each proposal remaining after the Administrative Review will advance to a committee to review the response to the Minimum Bidder Qualifications/References/Mandatory and HECVAT/VPAT/EIT Accessibility Technical Requirements. Information provided in the proposal will be used to validate these RFP requirements. SUNY reserves the right to contact Bidder references to validate the required experience. If the technical evaluation determines the Bidder's proposal does not meet all minimum qualifications/references/mandatory and HECVAT/VPAT/EIT accessibility requirements, the proposal will be deemed nonresponsive and not further considered. Weighted Technical Criteria (Design & Implementation Requirements) Evaluation Each bid remaining after the Minimum Bidder Qualifications Review will advance for review and independent evaluation and scoring by the evaluation committee. All Bidders shall submit a comprehensive Project Program Plan as part of their proposal. This plan must clearly outline the proposed approach for the successful implementation of the services described in this RFP. The Project Program Plan shall include, but is not limited to: 1. Understanding of the Project The complexity of the project and the challenges and problems associated with performing the required work; The Bidder’s approach, methodologies, and philosophy for addressing and resolving potential problems; The Bidder’s experience with similar projects and familiarity with key issues relevant to this engagement; Any additional issues or matters relating to the Scope of Work that the Bidder wishes to address. 2. Project Personnel The Plan must identify all proposed project personnel involved in the design, implementation, and ongoing support of the project. Personnel identified as key staff are expected to remain assigned for the duration of the contract. Requests for changes in key personnel during the term of the contract must be submitted to SUNY in writing and approved in advance. The Plan should include an estimated staffing plan that outlines anticipated SUNY staffing levels, man-hour requirements, and expected SUNY participation during implementation and ongoing operations. This information will be used for planning and discussion purposes only. The Bidder should also identify any additional burdens or obligations that may be placed on SUNY in connection with servicing the account. 3. Subcontracting If any portion of the work will be subcontracted, the subcontracted services must be clearly identified in the Plan, including the scope and responsibilities of each subcontractor. The Bidder shall remain fully responsible for the performance, acts, and omissions of all subcontractors. 4. Project Schedule The Plan must include a preliminary schedule that identifies all major project phases, milestones, and deliverables. 5. Escalation and Issue Resolution The Plan must describe the Bidder’s escalation and issue resolution procedures, including communication pathways, response timeframes, and the process for elevating unresolved issues. 6. Acceptance Plan The Plan must include an initial acceptance plan that identifies key deliverables subject to acceptance; Defines the completion criteria for each deliverable; and Outlines the acceptance testing, review, and approval processes. The Project Program Plan must demonstrate the Bidder’s understanding of SUNY’s ProcureNEXT goals and reflect a feasible strategy for execution across multiple campuses with varying levels of procurement system readiness. The Successful Bidder will be required to furnish all labor, supervision, and technical resources necessary to fulfill the scope of services resulting from this solicitation. Proposals will be evaluated on the basis of “Best Value” by a technical evaluation committee comprised of SUNY representatives, utilizing an evaluation methodology that considers the following factors: Technical Proposal Criteria Points A Minimum Bidder Qualifications/References/Mandatory and HECVAT/VPAT/EIT Accessibility Technical Bidder Requirements Pass/Fail B Weighted Technical Criteria: 55 Points 1 Technical Expertise and Methodology 6 2 Component 1: System Adoption & Optimization Strategy 9 3 Component 2: Technology Enablement Strategy 9 4 System Integration and Data Management 4 5 Project Management Approach 8 6 Project Staffing (Resource Loading Matrix) 6 7 Stakeholder Engagement, Training, and Change Mgmt 5 8 Measurement and Continuous Improvement 3 9 Technical Innovation and Future Readiness 3 10 Accessibility, Security, and Compliance 2 C Financial Proposal 30 Points The Weighted Technical Requirements above will be evaluated and scored by SUNY on a scale of 0-5, with 5 being the highest, and using the following proportion tool: 0 0% 1 20% 2 40% 3 60% 4 80% 5 100% SUNY will add the results from “Cost” plus the results from “Technical” together to come up with the “Composite” score for each Bidder. Cost Evaluation The Cost Proposals of each bid remaining after the Technical Evaluation will be independently evaluated and scored by the designated RFP contact. Bidders must respond to all items as outlined in the electronic sourcing tool, and this must be completed by the Bidder in accordance with the instructions provided below. Bidders will not be able to modify their Cost Proposal after their submission. Presentation/Interview The Bidder receiving the highest composite score (Technical + Financial), along with the next two (2) highest-scoring Bidders deemed susceptible to award, will be invited to participate in a hybrid presentation/interview session of up to three (3) hours in duration. SUNY will provide formal notification and coordinate the scheduling of presentation times and locations (virtual and/or in-person, as appropriate). The presentation/interview will carry a defined scoring weight and will be factored proportionally into the Bidders’ overall composite scores. These sessions are intended to allow Bidders to clarify or elaborate on key elements of their proposals; however, no new information or revisions to the original proposals may be introduced during the presentation. To ensure a fair and consistent evaluation, SUNY will provide each selected Bidder with a standardized presentation scenario or script, which must be demonstrated using the Bidder’s proposed tools, platforms, or methodologies. The scenario will be designed to assess each Bidder’s understanding of SUNY’s ProcureNEXT goals, technical implementation capabilities, and ability to address campus diversity in procurement maturity and system readiness. All costs associated with the Bidder’s attendance will be borne by the Bidder. The proposal presentation/interview is worth 15 points of the RFP. Listed below are the criteria assigned individual weights totaling 15 points as follows: Presentation/Interview Evaluation Criteria Points 1 Presentation of Technical Requirements (Clarity in addressing Component 1 and 2 objectives and the ability of the proposed solution to meet SUNY’s system-wide procurement goals.) 6 2 Review of Implementation and Project Strategy (Strength of project plan, onboarding approach, timeline, and risk mitigation.) 3 3 Demonstrative Effectiveness of Tools and Technologies (Live demonstration of the proposed services using SUNY’s scenario. Demonstrates relevance, usability, and integration.) 2 4 Review of Organizational Capacity and Team Expertise (Qualifications and roles of the proposed project team and organizational readiness.) 2 5 Technical Product Accessibility and Compliance (Conformance with WCAG 2.1 / Section 508 and support for inclusive experiences.) 2 Total Points 15 Points The Weighted Technical Requirements above will be evaluated and scored by SUNY on a scale of 0-5, with 5 being the highest, and using the following proportion tool: 0 0% 1 20% 2 40% 3 60% 4 80% 5 100% The points score from this category will then be proportioned back to the original composite score received by each qualifying bidder to come up with the new score for technical. The points will be added back to the original financial score to come up with the final highest composite score. Notice of Tentative Award The Bidder earning the highest final composite (Technical + Financial + Presentation) score will be selected to contract with SUNY and will be notified by SUNY. The tentative award of the contract shall consist of a written notice of the contract awarded by SUNY to the Successful Bidder, who shall thereupon be obligated to execute a formal contract. In the event that final composite scores are tied, the award shall go to the Bidder with the highest presentation score. 7. Finalist Review In accordance with Section 163(9)f of the New York State Finance Law, prior to making a contract award, each contracting agency shall make a determination of responsibility of the proposed contractor as discussed under Vendor Responsibility. SUNY will conduct a review of vendor responsibility for the Bidder earning the highest final composite score and any proposed subcontractors. SUNY will consider any information that raises issues concerning the vendor’s responsibility, with consideration given to its relevance to the RFP Scope of Work. The review will include factors such as financial and organizational capacity, legal authority, integrity, and previous contract performance. Total Cost Proposal Submission Instructions (“Items” section of the RFP): Bidders must respond to all items as outlined in the electronic sourcing tool. The cost proposal must include a grand total that reflects the full-term cost of ownership for the Professional Services provided. This total represents the final pricing SUNY will pay for the Professional Services under this RFP for the duration of the resulting contract. All responses must be numerical values, and all prices and conditions must be clearly stated in the original proposal. Proposals lacking this information may be deemed non-responsive by SUNY. Professional Services not explicitly identified in the cost proposal (including third-party Professional Services) but necessary for project completion will be considered part of the final deliverables and must be provided at no additional cost as part of the Bidder’s response. Prices must remain fixed for the entirety of the contract term. Bidders are encouraged to seek clarification regarding the cost proposal during the designated question period. Please consider the following in the cost proposal: Items: Price shall be in accordance with the items listed or in the Items section of the RFP. No other charges, other than those listed in the items, shall be allowable under the Agreement. Resources: Detail the anticipated resources, their hourly rates, and hours required in each phase (Items section of this RFP). Provide the number of weeks that is anticipated to be required to complete each phase as detailed in the Scope of Work. All Bidders will be required to describe and price the amount of on-site work that will be involved as an NTE amount. Depending on their implementation approach, this will vary. Cost Adjustments: All prices quoted are firm for the length of the contract. 20% Unanticipated Enhancements: Unanticipated enhancements to the Professional Services procured cannot exceed a cumulative twenty (20) percent of the total proposed cost and must be agreed to by SUNY. Such inclusion must be included in the Total Cost Proposal. Unanticipated enhancements must be reviewed and pre-approved by an authorized SUNY designee. Preparation Costs: Bidder is responsible for all costs, direct or indirect, that it incurs related to the preparation and submission of a proposal in response to this event. Pricing: All prices and conditions must be included in the original cost proposal. Prices and conditions not included in the original proposal will be rejected. SUNY is seeking the most competitive fixed pricing for the purchase of the Professional Services detailed in this RFP over a five (5) year period from the date of the award. SUNY requires that the prices be held for five (5) years from the date of the award. Quote Hold: The submission of a proposal constitutes a non-revocable, binding offer to perform and provide said Professional Services. Such a binding offer shall be firm and not revocable for a period of one hundred and eighty-five (185) days from the event close date. Subsequent to such one hundred and eighty-five (185) days, the proposal is subject to withdrawal communicated in writing and signed by the Bidder. Travel: Bidders MUST detail the anticipated hours required in the cost proposal. Travel and living expenses, if applicable, must be included in the cost proposal. SUNY is asking for "not to exceed" travel costs for the purpose of the needed travel expense reimbursement(s). Travel expenses must be pre-approved by an authorized SUNY designee. Any applicable expenses will not exceed the current NYS Schedule of Allowable Reimbursable Expenses. Refer to the U.S. Government Administration Rates for Travel at http://www.gsa.gov/travel. Receipts must be submitted with an invoice. Parking fees and/or parking tickets shall not be paid by SUNY. Location of Services: All Professional Services provided under the resultant Agreement must be performed within the United States unless the Bidder receives prior written consent from SUNY and the signing of the Agreement is not considered prior written consent. Tax Exempt: SUNY is exempt from sales tax. All prices should be quoted without the sales tax. Negotiation of Final Project Plan: Following the issuance of an award, and prior to commencement of services, SUNY reserves the right to require the apparent Successful Bidder to submit and negotiate a Final Project Work Plan. This detailed plan shall serve as the operational framework for managing deliverables, personnel, and timelines. The Final Project Work Plan may include adjustments to timelines, resource allocations, or implementation schedules to better align with SUNY’s internal planning needs. However, no revisions shall materially alter the scope of work as outlined in the original RFP or the Successful Bidder’s proposal. SUNY will provide the Successful Bidder with a minimum of five (5) business days’ notice prior to initiating Final Work Plan negotiations. If the parties cannot reach an agreement on the Final Project Work Plan within a reasonable timeframe, SUNY reserves the right to terminate negotiations and proceed to the next highest-ranked responsive and responsible Bidder. Rejection of Bids: SUNY reserves the right to make all decisions regarding this proposal, including, without limitation, the cancellation of the bid and/or the right to decide whether a proposal does or does not substantially comply with the requirements set forth. Responsibility: SUNY will not be held responsible for any service made without prior authorization by SUNY via a purchase order number. Successful Bidder shall perform only those Professional Services and/or provide only those materials as authorized by SUNY. SUNY will not be held responsible for any additional costs other than for the Professional Services outlined herein or for any work performed or materials delivered which has not been properly authorized. Contract Period: Awards shall be made in whole to one (1) Successful Bidder, in the best interest of SUNY. The award shall be based upon SUNY’s analysis of the Best Value qualified bid. SUNY anticipates that the contract awarded under this RFP shall be effective upon final approval by the New York State Attorney General and the Office of the State Comptroller, whichever is later. SUNY shall have the right to terminate the contract early for: (i) cause; or (ii) convenience. Contract Term: The anticipated term for any Resulting Agreement is a maximum of five (5) years contract term, subject to any termination options provided for in the Resulting Agreement. The terms and conditions of this RFP specification shall be incorporated into an agreement developed by SUNY, as well as the successful Bidder’s response, and shall become part of any agreement award. Failure of the Bidder to accept these obligations shall result in the rejection of the Bidder’s response. Payment Terms: Payments under the resulting contract award shall be made to the Bidder, upon receipt of Professional Services and properly approved and completed valid and proper invoice/s (Go to the attached link to ensure you are meeting New York State proper invoicing requirements: https://osc.state.ny.us/agencies/guide/MyWebHelp/Content/files/XII.4.Fatt.pdf) and State of New York Department of Labor, Bureau of Public Works, Certified Payroll submitted to the attention of Accounts Payable, SUNY at Stony Brook. Payment may be withheld if a Bidder has outstanding data, sales and MWBE reports. The Bidder shall provide complete and accurate billing, valid and proper invoice/s to SUNY in order to receive payment for its Professional Services. All invoices must reference a valid Contract number/Purchase Order number. Billing valid and proper invoice/s submitted to SUNY must contain all information and supporting documentation required by SUNY and OSC (All valid and proper invoice/s must be submitted with the Bidder’s Federal ID number). Payment for valid and proper invoice/s submitted by the Bidder shall only be rendered electronically unless payment by paper check is expressly authorized by the Vice President for Administration or designee, in her/his sole discretion, due to extenuating circumstances. Such electronic payment shall be made in accordance with ordinary New York State procedures and practices. The Bidder shall comply with the OSC procedures to authorize payments. Authorization forms are available at the OSC website at www.osc.state.ny.us/vendors/index.htm, by email at contact@example.gov, or by telephone at +1 (555) 000-0000. The Bidder acknowledges that it will not receive payment on any valid and proper invoice/s submitted under this contract if it does not comply with the OSC’s electronic payment procedures, except where the Vice President or designee has expressly authorized payment by paper check as set forth above. Retainage: SUNY may retain a percentage of each deliverable payment of no more than twenty-five percent until the acceptance of the complete design and implementation. This retainage may be reduced up to five (5) percent as described in the SOW when the Bidder substantially reduces the time required from the timeframes negotiated between SUNY and the Bidder. Changes in Applicable Laws, Rules and/or Regulations: In the event, that any governmental restrictions are imposed that would necessitate alteration of the material, quality, workmanship, or performance of the items and/or services offered in this proposal whatsoever, prior to their delivery or thereafter, it shall be the responsibility of the Successful Bidder to immediately notify SUNY in writing of the specific item which requires alteration. Upon acceptance of such alteration by SUNY, it shall be the responsibility of the Successful Bidder to give effect to such alterations in accordance with the terms and conditions of the agreement entered into hereinafter. Any price adjustments occasioned due to any alterations shall be subject to the approval of SUNY. Report of Contract Purchases: Successful Bidder shall furnish quarterly data and contract-to-spend reports to Linda Santos, Assistant Director of Strategic Sourcing (IT Category). Reports shall be broken out to match the items contained on the pricing page of this solicitation and shall be delivered in accordance with the following schedule: 1st Quarter (April 1 – June 30) Due July 05 2nd Quarter (July 1 – Sept 30) Due Oct 05 3rd Quarter (Oct 1 – Dec 31) Due Jan 05 4th Quarter (Jan 1 – March 31) Due April 05 The report is to be submitted electronically in Microsoft Excel and shall reference the Contract Number, sales period, and Bidder's, subcontractor's (or other authorized agents) name. The outlined sales report is the minimum information required. Additional related sales information, such as monthly reports and/or detailed user purchases, may be required and must be supplied upon request. Reports are a deliverable of the contract. SUNY reserves the right to withhold payment if a vendor is delinquent in report submission. Transfer Of Data: Except as required for reliability, performance, security, or availability of the Professional Services, the Bidder will not transfer Data, unless directed to do so in writing by SUNY. Bidder cannot charge for the transfer of Data unless the charges are provided in response to this RFP. Data Breach – Required Bidder Actions: All bidders will be expected to comply with all applicable regulations, such as NYS data protection requirements and laws, FERPA, and PCI. In the event of a security event or incident involving SUNY data or systems, bidders agree to notify SUNY as soon as possible, with no undue delay, usually within 24-48 hours of confirmation. Bidder Access To Data: The Bidder will use SUNY’s data only for the purpose of fulfilling its duties under this RFP and Purchase Order and will not disclose it to any third party without SUNY’s prior written consent unless otherwise required by law. Disputes or Controversies Occurring During the Term of the Agreement: In the event, there is a dispute or controversy during the term of the Agreement resulting from this RFP, the Bidder and SUNY agree to exercise their best efforts to resolve the dispute as soon as possible. The Bidder and SUNY shall, without delay, continue to perform their respective obligations under the resulting Agreement, which are not affected by the dispute. Primary responsibility for resolving any dispute arising under the Agreement shall rest with the persons designated by SUNY and the Contract’s Contract Administrator and/or Account Manager. In the event SUNY is dissatisfied with the Bidder’s Professional Services provided under the Agreement, SUNY shall notify the Bidder in writing pursuant to the terms of the Contract. In the event the Bidder has any disputes with SUNY, the Bidder shall notify SUNY in writing. If either party notifies the other of such dispute or controversy, the other party shall then make good faith efforts to solve the problem or settle the dispute amicably, including meeting with the party’s representatives to attempt diligently to reach a satisfactory result. If negotiation between such persons fails to resolve any such dispute to the satisfaction of the parties within fourteen (14) business days or as otherwise agreed to by the Bidder and SUNY, of such notice, then the matter shall be submitted to the persons designated by SUNY and the Bidder’s senior officer of the rank of Vice President or higher as its representative. Such representatives shall meet in person and shall attempt in good faith to resolve the dispute within the next fourteen (14) business days or as otherwise agreed to by the parties. This meeting must be held before either party may seek any other method of dispute resolution, including judicial or governmental resolutions. Notwithstanding the foregoing, nothing in this section shall be construed to prevent either party from seeking and obtaining temporary equitable remedies, including injunctive relief. The Bidder shall extend the dispute resolution period for so long as SUNY continues to make reasonable efforts to cure the breach, except with respect to disputes about the breach of payment of fees or infringement of its or its licensors’ intellectual property rights. In the event the Bidder’s performance is found to be deficient, resulting in delays or failure to meet the specified deliverables, the Bidder will be liable for any additional expenses incurred by SUNY to complete the project. These additional expenses may include, but are not limited to, the cost of engaging third-party contractors, consultants, or other resources necessary to complete the work. SUNY reserves the right to deduct such additional costs from any payments due to the Bidder or the retained amounts. Termination of Contract: Failure of the Successful Bidder to meet the requirements of the Contract shall constitute default. In such an event, SUNY reserves the right to cancel the contract on written notice. By thirty (30) days' written notice, the agreement may be canceled for convenience. If the agreement is terminated, SUNY shall be liable only for payment in accordance with the payment provisions of the agreement for Professional Services rendered before the effective date of termination. SUNY may also terminate the agreement IMMEDIATELY FOR CAUSE. Recycle Clause: In accordance with the provisions of Section 177 of the State Finance Law, SUNY is required to purchase recycled products, if available, made with significant recycled content in accordance with standards established by the State Department of Environmental Conservation. The law provides that if the price of a recycled product is within 10% of the price of a comparable product made without significant recycled content, or within 15% of such comparable product if the recycled materials used in such products are generated in New York State, the recycled product must be purchased. If you believe any products you will provide hereunder should be considered as qualifying recycled products under this law, please attach a copy of the authorization from the Department of Environmental Conservation confirming that such product has been approved for inclusion in the State recycling program. In the absence of such written confirmation, the product(s) will not be considered as qualifying for purposes of determining the selected vendor hereunder. Parking and Other Regulations of SUNY: It will be the responsibility of the Successful Bidder to make arrangements for parking passes or permits if required. Illegally parked vehicles are subject to ticketing and/or towing. The Successful Bidder will operate vehicles responsibly under SUNY campuses' rules and regulations and will not park vehicles in unauthorized areas. Illegally parked vehicles will be towed. The Successful Bidder will abide by all the applicable rules and regulations of SUNY, and breach whereof shall make vendor liable under such rules and regulations. Proper Bidder Identification: The Successful Bidder is required to obtain authorized identification badges or cards (“Contractor Identification”) for his/her employees issued by SUNY at the Successful Bidder’s expense. The contractor identification badge(s)/card(s) shall be worn by the Successful Bidder’s employees at all times while doing work on any SUNY campus. The campus cards may be renewed each year. Bidder Personnel: All Bidder personnel assigned to any requirements of a contract award must be fully qualified and cognizant of the required and applicable laws, rules, and regulations pertaining to such contract award and the safety requirements to which the contractor must adhere. Use of SUNY Name/Logo: Bidders agree not to use the name/Logo of SUNY, or to quote any employees of SUNY, without obtaining prior written consent from SUNY. Customs Clearance: If the product is being manufactured in another country and will require customs service, the cost of such service and any applicable importation fees shall be borne by the vendor and incorporated in the price bid. Early Pay Discount: Where Bidder generally offers more advantageous special price promotions or special discount pricing to other customers during the Contract term for a similar quantity, and the maximum price or discount associated with such offer or promotion is better than the discount or net pricing otherwise available under this Contract, such better price or discount shall apply for similar quantity transactions under this Contract for the life of such general offer or promotion. If the Bidder offers an early payment discount, at any point in time that is more advantageous to the State than the terms that are contractually obligated, the Bidder shall include the payment terms of the discount on the applicable invoice(s). Reserved Rights: SUNY reserves the right to: Reject any or all portions of any proposal, negotiate terms and conditions consistent with this RFP, and make an award for any or all remaining portions. Make no contract award. Reject any or all portions of any proposal, negotiate terms and conditions consistent with this RFP, and make an award for any or all remaining portions. Withdraw the RFP at any time at SUNY’s sole discretion. Disqualify any Bidder whose conduct or proposal fails to conform to the requirements of the RFP. Use proposal information obtained through the state’s investigation of a Bidder’s qualifications, experience, ability, or financial standing, and any material or information submitted by the Bidder in response to SUNY’s request for clarifying information, in the course of evaluation and/or selection under the RFP. Prior to the bid opening, amend the RFP specifications to correct errors or oversights or to supply additional information as it becomes available. Prior to the bid opening, direct Bidders to submit proposal modifications addressing subsequent RFP amendments. Adjust or correct cost or cost figures with the concurrence of the Bidders if mathematical or typographical errors exist. Utilize any and all ideas submitted in the proposals received. Waive requirements or amend this RFP upon notification to all Bidders. Mandatory requirements may be eliminated if unmet by all Bidders. In its sole discretion, reject illegible, incomplete, or vague proposals. Negotiate with Bidders responding to this RFP within the requirements necessary to serve the best interests of SUNY. Begin contract negotiations with another Bidder in order to serve the best interests of SUNY, should contract negotiations with the Successful Bidder be unsuccessful within a time frame acceptable to SUNY. Require clarifications from Bidders for purposes of assuring a full understanding of responsiveness, and permit revisions from all Bidders determined to be susceptible to contract award prior to award. The Awarded Bidder will be required to sign a standard confidentiality agreement when placed on assignment at SUNY. Request certified and noncertified audited financial statements for the past three (3) completed fiscal years and/or other appropriate supplementation, including, but not limited to, interim financial statements and credit reports. Request references, contact any or all references, and perform other related due diligence. Prior to award, request best and final offers (BAFO) on the whole proposal or on any one or combination of its components (e.g., price, technical qualifications, approach, and/or capability). If a BAFO is sought, a BAFO will be requested from all Bidders determined to be susceptible to being selected for contract award. The request shall be the same for all Bidders from whom a BAFO is requested. Miscellaneous: The Successful Bidder who defaults under this agreement may be held financially responsible for failing to provide Professional Services as specified. Definitions/Glossary: In addition to the terms defined elsewhere in the RFP, the following terms are defined as follows: "Affiliates" shall mean any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “AI” shall mean Artificial Intelligence. "Authorized Users" shall mean (i) SUNY employees, contractors, subcontractors, and outsourcing vendors; (ii) Authorized Users and other Authorized Affiliates listed in Exhibit C to this RFP; and (iii) employees, contractors, subcontractors, and outsourcing vendors of any Affiliates or other entities designated in an Order Form as being authorized by SUNY to access and use the Contractor’s Applications and Services, in each case who have been supplied user identification numbers and passwords by SUNY. "Best Value" shall mean the basis for awarding a contract for services to the Bidder that best optimizes quality, cost, and efficiency among Responsive and Responsible Bidders. See State Finance Law § 163(1)(j). "Business Day" shall mean Monday through Friday, excluding NYS Holidays, between the hours of 7:30 AM and 5:00 PM EST. "Client Data" shall mean data generated, uploaded, or transmitted by SUNY or their respective Authorized Users using the Contractor’s Applications. "M/WBE" shall mean a business certified with Empire State Development (ESD) as a Minority and/or Woman-Owned Business (M/WBE). "Professional Services" shall mean any implementation, training, consulting, data migration, conversion, integration, or other services provided by the Contractor to SUNY. All Professional Services shall be detailed in a Statement of Work (or "SOW"). All Professional Services are described further in this RFP and the written Scope of Work (or "SOW") attached hereto. "SBE" shall mean a Small Business Enterprise. A "New York State Small Business" is defined as a company that is a resident of New York State, independently owned and operated, with 100 or fewer employees, and not dominant in its field. See State Finance Law §160(8). "Selected or Successful Bidder" shall mean the responsive and responsible Bidder submitting the proposal with the highest composite score (RFP) or lowest cost (IFB). "Services" shall mean Support Services and Professional Services. "SDVOB" shall mean businesses certified as a New York State Service-Disabled Veteran-Owned Business (SDVOB). "Support Services" shall mean the maintenance and support services described in the Terms of Service and provided in connection with the Contractor’s Applications.