Request for Information (RFI)

Western New York Erie, Niagara, Genesee, Orleans or Wyoming County Request for Information (RFI) Project No.  40790 Project Overview The New York State Office of General Services (OGS) is seeking offers from qualified landlords interested in entering into a 5-year lease agreement pursuant to the New York State Public Buildings Law, to provide a minimum of 70 feet by 300 feet of paved parking lot space with turning radius for Commercial Driver’s License (CDL) testing, plus additional parking for approximately 5 cars per lane in Erie, Niagara, Genesee, Orleans or Wyoming Counties. Requirements Requirements include: Minimum paved parking lot space to accommodate 70’ x 300’ of CDL testing lane; Turning radius for tractor trailers and additional parking for 5 passenger cars per 70’ x 300’ testing lane; Larger parking lot spaces with additional square footage will be considered for multiple lanes. Refer to the attached NYS DMV CDL Test Site Requirements for additional information. This need is based solely on weekday, daytime usage from 8:00 am – 5:00 pm.  Parking lot owners with evening/weekend primary use are encouraged to submit proposals, as CDL lot usage hours can be revised to 8:00 am – 2:00 pm (examples include shopping center parking lots, stadium parking lots, movie theater parking lots, etc.). Green Lease Requirements The Office of General Services supports the State of New York in its policies of conserving, improving and protecting natural resources and the environment; preventing water, air and land pollution; and enhancing the health, safety and welfare of State residents and their overall economic and social well-being by incorporating the provisions of Executive Order 22 into State leases and promoting sustainable building practices and environmental stewardship. Resiliency & Sustainability Summary In order to be considered for this award, proposals must include a 1–2 page summary highlighting the building’s current sustainability and resiliency attributes, as well as planned upgrades to address energy efficiency, reducing carbon emissions and combating climate change. Items to consider: LEED or other “Green Building” certification Energy Efficiency Ratio/Rating or Energy Star score Measures that have been taken to reduce energy consumption in the building Measures that have been implemented to ensure/improve air quality in the building Public transportation options, onsite bike parking facilities, and electric vehicle (EV) charging stations Availability of space/infrastructure for installation of charging stations for electric vehicles Onsite renewable energy generation, a “green“ roof, participation in a community solar program or other initiative Resiliency measures in effect to mitigate effects of flooding or other natural disasters Executive Order 22 Executive Order 22 directs State entities to green their procurements including janitorial cleaning supplies and equipment, janitorial paper and paper supplies, and also to implement sustainability initiatives including source separating recycling practices.  The Order contains an annual reporting requirement.  Landlords will be requested to assist agencies in fulfilling the directives of the Order with respect to the purchase of “green cleaning” products and paper products and to assist with the completion of the solid waste management section of the annual report. Submissions should include a description of any assistance to be provided by the Landlord to the agency to aid in the generation of an annual waste stream audit as mandated under Executive Order 22, including any costs to the tenant.  The reporting information will include the quantity and the unit of measure, i.e. tons, cubic yards, gallons, units, etc., for all solid waste and source separated materials generated by the occupying agency on an annual basis, as well as any special wastes disposed or recycled such as fluorescent light bulbs, tires, or mercury-containing equipment. Terms The occupancy and lease commencement is anticipated to be the third quarter of 2024.  Submissions should be for a term of up to 5 years.  Proposed gross rental rates shall reflect the cost of a turn-key lease and shall include taxes and operating costs; repair and maintenance to the parking lot (including normal wear and tear) throughout the term; and snowplowing and grounds maintenance. Eligibility / Qualifications / Requirements / Preferences Submissions should include only sites within Erie, Niagara, Genesee, Orleans or Wyoming Counties.  Submissions will be accepted, in writing, only from developers with site control, property owners, or their exclusive agents.  The Commissioner of General Services, at her sole discretion, may reject any or all submissions.  New York State Finance Law Sections 139-j and 139-k impose certain restrictions on communications between an offerer and the State during the procurement process.  An offerer is restricted from making contact with anyone other than designated staff (OGS Associate Commissioner of Lease Management, Scott Sandwick; OGS Project Manager/Leasing Agent, Stephanie Robinson; OGS Space Planner, Jonathan Berkey; OGS Building Construction Program Manager, Robert (Scott) Warner; OGS Lease Administration Unit, Tyler Housman and Jose Correa; OGS Office of Business Diversity (contact@example.gov) from the date of the issuance of this Web notification through final award and approval of the lease by the Office of the New York State Comptroller (“restricted period”).   Iran Divestment Act By submitting an offer to lease in response to this solicitation or by assuming the responsibility of a lease awarded hereunder, the bidder certifies in accordance with State Finance Law §165-a: (i) that it is not on the “Entities Determined to be Non-Responsive Bidders/Offerers pursuant to the New York State Iran Divestment Act of 2012” (the “Prohibited Entities List”) posted at https://ogs.ny.gov/list-entities-determined-be-non-responsive-biddersofferers-pursuant-nys-iran-divestment-act-2012; and (ii) that, in the performance of the lease, it will not use any subcontractor that is identified on the Prohibited Entities List. Freedom of Information Law / Trade Secrets During the evaluation process, the content of each offer will be held in confidence and details of any offer will not be revealed (except as may be required under the Freedom of Information Law or other State law).  The Freedom of Information Law provides for an exemption from disclosure for trade secrets or information the disclosure of which would cause injury to the competitive position of commercial enterprises.  This exception would be effective both during and after the evaluation process. SHOULD YOU FEEL YOUR FIRM‘S OFFER CONTAINS ANY SUCH TRADE SECRETS OR OTHER CONFIDENTIAL OR PROPRIETARY INFORMATION, YOU MUST SUBMIT A REQUEST TO EXCEPT SUCH INFORMATION FROM DISCLOSURE.  SUCH REQUEST MUST BE IN WRITING, MUST STATE THE REASONS WHY THE INFORMATION SHOULD BE EXCEPTED FROM DISCLOSURE AND MUST BE PROVIDED AT THE TIME OF SUBMISSION OF THE SUBJECT INFORMATION.  REQUESTS FOR EXEMPTION OF THE ENTIRE CONTENTS OF AN OFFER FROM DISCLOSURE HAVE GENERALLY NOT BEEN FOUND TO BE MERITORIOUS AND ARE DISCOURAGED.  KINDLY LIMIT ANY REQUESTS FOR EXEMPTION OF INFORMATION FROM DISCLOSURE TO BONA FIDE TRADE SECRETS OR SPECIFIC INFORMATION, THE DISCLOSURE OF WHICH WOULD CAUSE A SUBSTANTIAL INJURY TO THE COMPETITIVE POSITION OF YOUR FIRM. Service-Disabled Veteran-Owned Business Development Article 17-B of the New York State Executive Law provides for more meaningful participation in public procurement by certified Service-Disabled Veteran-Owned Businesses (“SDVOBs”), thereby further integrating such businesses into New York State’s economy.  OGS recognizes the need to promote the employment of service-disabled veterans and to ensure that certified SDVOBs have opportunities for maximum feasible participation in the performance of OGS’s contracts. In recognition of the service and sacrifices made by service-disabled veterans and in recognition of the economic activity such businesses offer in New York State, landlords are strongly encouraged and expected to consider SDVOBs in the fulfillment of the requirements of this Lease.  Such participation may be as subcontractors or suppliers, as protégés, or in other partnering or supporting roles. Minority- and Women-Owned Business Enterprises Article 15-A of the New York State Executive Law provides for more meaningful participation in public procurement by certified Minority- and Women-Owned Businesses (“M/WBEs”), thereby further integrating such businesses into New York State’s economy. OGS encourages the participation of minorities and women in its procurement and building construction projects. Per Executive Law, Article 15-A, certain contracts contain affirmative action requirements for the use of certified MWBEs as subcontractors and suppliers.  For purposes of this Request for Information, OGS conducted a comprehensive search and determined that the License does not offer sufficient opportunities to set goals for participation by MWBEs as subcontractors, service providers, or suppliers to the Licensor.  The Licensor is, however, encouraged to make every good faith effort to promote and assist the participation of MWBEs on this License for the provision of services and materials.  The directory of New York State Certified MWBEs can be viewed at:  https://ny.newnycontracts.com.  Additionally, following execution of the License, the Licensor is encouraged to contact the Division of Minority and Women’s Business Development (+1 (555) 000-0000, +1 (555) 000-0000, or +1 (555) 000-0000) to discuss additional methods of maximizing participation by MWBEs on the License. Submissions Some major factors in determining a potential lease location are fair market value, overall move costs, equitable lease terms, adherence to the OGS License Agreement Boilerplate language and targeted occupancy dates.  Cost considerations, however, are of the utmost importance.  Accordingly, OGS and our occupying agencies are looking for Landlords to advance creative solutions for reducing costs and streamlining of operations in leased spaces. Submissions must include a site plan showing the area to be leased, and a completed copy of each of the following documents: Landlord and Tenant Obligations Under New York State Finance Law §§139-J and 139-K; Vendor Responsibility Questionnaire (www.osc.state.ny.us/Vendrep); Business Terms Sheet; Substitute Form W-9; Building Fact Sheet; Certification Under Executive Order No. 16; and Resiliency and Sustainability Summary. The complete RFI including the above-referenced documents may be found in PDF format by going to https://ogs.ny.gov/real-estate/real-property-leases and clicking on “Current List of Lease Space Wanted”.  Non-Internet users must call or write as directed below for the entire RFI.   Due date:05/01/2024 3:00 PM County(ies): Erie, Genesee, Niagara, Orleans, Wyoming Location: To provide a minimum of 70 feet by 300 feet of paved parking lot space with turning radius for Commercial Driver's License (CDL) testing, plus addition parking for approximately 5 cars per lane in Erie, Niagara, Genesee, Orleans or Wyoming Counties.