1. DOCUMENTS (ISSUANCE AND RESTRICTIONS)

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1 I. INSTRUCTIONS TO BIDDERS Instruction to Bidders 1 1. DOCUMENTS (ISSUANCE AND RESTRICTIONS) a) Bid documents are comprised of: Instruction to Bidders, Bid Proposal Form, Terms and Conditions, Addenda issued prior to bid date, LIU Construction Services Contract, Non-Collusive Bidding Certificate, Reference Form and General and Technical requirements of the specifications and drawings. 2. SUBMISSION OF BIDS: a) Sealed proposals for NURSING SIMULATION LAB Long Island University, POST will be received and publicly opened at the place, date and time stated below: Place: Purchasing Department University Center Mary M. Lai Finance Building 700 Northern Boulevard Brookville, New York WEDNESDAY MAY 6, :00PM EDT Any proposals received after time and date above stated will be returned to the Bidder unopened. c) Proposals shall be submitted in duplicate on the proposal form furnished. All blank spaces of the form must be filled in completely. The sum proposed for doing the work shall be stated both in writing and in figures; and in the event of a discrepancy; the written amount shall govern. The signature shall be longhand. Enclose proposals in double envelopes each endorsed: NURSING SIMULATION LAB Address outer envelope to: MR. ALLAN HOWELL, DIRECTOR OF PURCHASING LONG ISLAND UNIVERSITY UNIVERSITY CENTER 700 NORTHERN BLVD. MARY M. LAI FINANCE BUILDING BROOKVILLE, NEW YORK Outer envelope shall show Bidder's name and address.

2 d) Bids shall be submitted by transmittal through the United States mail, or delivered in person to the place specified herein. Bids and modifications or withdrawals thereof received after the time and date specified above shall be subject to rejection at the sole discretion of LONG ISLAND UNIVERSITY. 3. AWARD OF CONTRACT a) The Owner, reserves the right in its sole discretion, to accept any proposal submitted, to reject any or all proposals, to waive any informalities in the proposals, to enter into negotiations with any Bidder, and to award the Contract to other then the low Bidder. b) The Owner expressly reserves the right, if Owner believes it to be in its best interests, to reject any Proposal received or to afford any Bidder a reasonable opportunity to remedy any deficiency resulting from a minor error in a bid. c) The Contractor to whom the Contract is awarded shall be prepared to begin work within ten days of being notified that it has been awarded the Contract. 4. EVALUATION CRITERIA The evaluation of bids will be based on the bidder(s) response to the list of specifications and statements. Bidders will specifically address these items in their response. Failure to list exceptions will be considered sufficient reason to invalidate the bid response. The evaluation of bids will be based upon: a) Submission of all requirements on checklist. b) Using the reference forms provided, submit five references. Include contact person(s) name, title, address, telephone and facsimile number(s). The weighting of evaluation criteria is at the University s discretion. 5. EVALUATION PROCESS The University will consider financial qualifications of the bidder(s) in making the award. The bidder(s) who, in the judgment of the University, best meets the needs of the University will be awarded the agreement. Any agreement awarded as a result of this bid will be made on the basis of being the lowest responsive and responsible bidder and which is also in the best interest of the University. All answers supplied to questions asked in this bid are subject to verification. Misleading or inaccurate Instruction to Bidders 2

3 answers will be grounds for disqualification at any time in the evaluation and procurement process. A University selection team will evaluate all bids. After considering the factors set forth in this bid, the team will make recommendation(s) to the University for an award to the bidder(s) whose bid is determined to be the most advantageous to the University. It is the policy of the University to evaluate bids as submitted and not to notify bidder(s) of deficiencies in their response until after an award is made. A bid may be rejected if it is conditional or incomplete in the judgment of the University. 6. INTERPRETATIONS All items of this bid must be answered in full. Each bidder(s) understands and agrees they have a duty to inquire and clarify and bid question they do not fully understand or they believe may be interpreted in more than one way. Every attempt will be made to promptly answer all inquiries from each bidder(s). In order to most efficiently handle bidder(s) inquiries, bidder(s) must questions to the attention of the Director of Purchasing allan.howell@liu.edu, within THREE (3) calendar days of the site visit. Responses will be ed to all bidders. Please allow a minimum of Three (3) days for this process to take place. Failure of the Bidder to receive any such Addenda for interpretations shall not relieve him of any obligations under his proposal as submitted. All Addenda so issued shall become a part of the Contract Documents, and the Bidder shall acknowledge receipt thereof on the Proposal Form. 7. QUALIFICATION OF BIDDERS a) Upon request by the Owner, each Bidder must be able to prove to the Owner that he has the skill, experience, facilities, financial resources, organization and general reliability to perform and complete the work required by the Contract in the manner required by the Contract Documents and within the time periods specified. b) Possess a minimum of five (5) years continuous experience as a firm doing business under the same name, engaged principally as a contractor for the work proposed. c) The Bidder must be prepared to prove to the Owner's satisfaction that its financial resources include adequate working capital defined here as excess of current assets over current liabilities. The Bidder shall furnish documentation evidencing the bidder s financial responsibility, including a certified financial statement prepared by a certified public accountant. The Instruction to Bidders 3

4 Instruction to Bidders 4 Owner reserves the right to reject any bid if the Owner is subjectively unsatisfied with the Bidder's financial condition. d) Each Bidder is required to submit the following documentation on a minimum of five (5) similar projects to demonstrate its experience and qualifications for the work of the Project: (1) A description of its experience with projects of comparative size, complexity, and cost, together with documentary evidence showing that said projects were completed to the Owner s satisfaction and were completed in a timely fashion. (2) Documentation from each of the projects it has performed capital work in the last five (5) years concerning the bidders : (a) Timeliness of performance of the work of the project; (b) Evidence that the project was completed to the Owner s satisfaction; (c) Whether or not any extensions of time were requested by the contractor and whether or not such requests were granted; (d) Whether litigation and/or arbitration was commence by either the Owner or the bidder as a result of the work of the project performed by the Bidder; (e) Whether any liens were filed on the project by subcontractors or material suppliers of the bidder; (f) Whether the bidder was defaulted on the project by the owner; (g) Whether the bidder made any claims for extra work on the project, including whether said claim resulted in a change order; (h) The University has the right to verify the documentation as well as examine all aspects of the bidder s work record including proof that bidder complied with existing labor standards and maintained harmonious labor relations on previous work. The Owner expressly reserves the right to reject any Bid if not subjectively satisfied with Bidders, proof, or if Bidder refuses to cooperate. e) Bidder shall have a current bonding capacity to accommodate proposed work f) Bidder shall have the experience staff and technical organization for the project.

5 g) Bidder shall maintain an office with full-time employees in a commercial space. h) Bidder is not currently involved in bankruptcy proceedings. i) Bidder is licensed to perform the work they are bidding on in the jurisdiction the work will take place. j) The Contractor and each Subcontractor must have a minimum of five (5) years experience in the work and/or applicable trade they will provide with their own forces. k) The bidder shall provide a complete schedule of values inclusive of all equipment, systems, etc. l) The bidder is required to complete the Statement of Bidder s Qualifications forms contained herein. (This form must be submitted with the Bid Proposal Form) m) It is the intent of Long Island University to require that approximately 15% of the work value be awarded to Minority and Women Owned Businesses: the bidder must supply in their proposal a plan for achieving this goal. n) It is assumed that in preparing this bid, the Bidder has already compiled this information, and that it is being made available for reference with completing this package. All information contained above in items A through N must be submitted to the University prior to the award of contracts. Failure to provide this information may result in disqualification of bidder. 8. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS a) Bidder must comply with applicable federal, state, and local laws as well as all ordinances, rules, and regulations affecting work. b) The provisions of Part U of Chapter #63 of the Laws of the State of New York, Year 2005 and any amendments thereto, as it relates to refusal to testify or sign a waiver of immunity against prosecution and the submittal of bids and transactions with the State of New York, or a political subdivision thereof, governs work under this contract. c) Bidder must comply with The Provisions of New York State Finance Law Article 9 (except Section 135), New York State Executive Law Article 15-A and New York State labor Law Articles 8, 9, 10. d) Wage rates as determined by the New York State Industrial Commissioner pursuant to the labor laws of the State of New York apply to all work under this contract. Instruction to Bidders 5

6 Instruction to Bidders 6 9. EXAMINATION OF DOCUMENTS AND SITE a) Bidder may attend the site visit of proposed work schedule for FRIDAY APRIL 17, 2015, 8:30AM EDT to become fully familiarized with the conditions as they exist, as well as the character of the operations to be carried on under the proposed contract. Bidders must call Allan Howell at to confirm attendance at the site visit. b) Bidder shall make all necessary on-site investigations so as to understand facilities, difficulties, and restrictions attending the execution of the work including access to and conditions of the work sites and properties. c) Bidder shall examine and be familiar with the documents and forms delineating the work of the contract. d) Failure to receive or to examine any instrument, document, or to perform appropriate site investigations shall in no way relieve the bidder of responsibility for proposed contract for the consideration set forth in his bid. 10. AMBIGUITIES, INTERPRETATIONS, AND ADDENDA a) No oral interpretations, instructions, or explanation of the bid documents will be given prior to the opening of the bids. Discrepancies, ambiguities, or doubts as to the intent of the bidding document should be communicated to the University in writing for interpretation. b) Interpretations, clarifications, or corrections will be made in the form of addenda forwarded to each bidder at the address furnished by each bidder and receipt acknowledged on the form of proposal. 11. Clarfications a) Addenda clarifying pertinent questions or concerns raised at the site visits, requiring modification of the bid documents; will be issued for the record and become part of the bid documents. 12. PERFORMANCE AND QUALTIY STANDARDS a) GENERAL: To establish performance and quality standards for the products, materials, and equipment required in the work, the Contract Documents detail performance criteria, or specify two or more items or materials which are presumed to be equal. This method of establishing a level of quality is not intended to exclude products that are equivalent in quality, performance, appearance, and function to those specified. b) EQUIVALENTS: Where, in these specifications, kinds, types, brands, or manufacturers of materials are named, they shall be regarded as the required standard of quality. Where two or more are named, these are

7 Instruction to Bidders 7 presumed to be equal, and the Contractor may select one of those items. If the Contractor desires to use any kind, type, brand, or manufacturer of material other than those named in the specifications as the basis of the bid, the Contractor shall indicate in writing with the bid, within 72 hours after the bid, or prior to award of contract, what kind, type, brand, or manufacturer is included in the base bid for the specified items, and submit information describing in specific detail wherein it differs from the quality and performance required by the base specifications and such other information as may be required by the University. The Contractor may, at any time, propose to use in the work an equivalent item in lieu of that specified with no change in the bid amount. c) SUBSTITUTIONS: For consideration by the Owner, the Bidder may propose to use in the work substitute items in lieu of those specified, which do not meet the project performance and quality criteria, and can be furnished and installed at a reduced cost (credit) to the Owner with no impact on the work being done by others. (1) Proposed substitutions must be submitted with the bid or within 72 hours after the bid or prior to the award of the contract, on the Proposed Substitution Form. The Bidder must list any and all deviations from the Contract documents as well as the corresponding credit amount to be deducted from the Base Bid Proposal if the substitution is accepted by the Owner. This does not exclude the bidder from submitting a substitution for consideration after the award of contract. (2) Substitutions cannot be used as the basis of the bid, they must be listed separately and will be evaluated on a case by case basis. All base bid amounts must be based on the specified materials or acceptable equivalents. (3) In no way will the proposed substitutions influence the successful bidder selection process. Substitutions may not be used to arrive at the lowest qualified bid amount. (4) If a substitution is accepted, the Bidder shall coordinate the installation of the substitute and make all associated changes required. The Bidder also waives any claim for additional cost associated with the substitute which becomes apparent before, during, or after installation. The Bidder agrees to bear any and all additional costs to all other contractors or subcontractors which are caused by the incorporation of the substitution.

8 Instruction to Bidders PREPARATION, IDENTIFICATION, AND SUBMISSION OF PROPOSAL a) Bidders shall submit duplicate copies of Form of Proposal (One marked Official Tender and others marked Copy ), properly signed and completed in every respect as per these Instructions to Bidders, in an opaque, sealed envelope plainly and prominently marked Sealed Bid for [PROJECT] Bid Date: WEDNESDAY MAY 6 TH, 2015 by (Name/Address of Bidder) b) Attached to the Form of Proposal envelope, c) All bids shall be held for a period of forty-five (45) days after their receipt and opening, during which time the Owner has the right to enter into a contract d) The Owner reserves the right to waive any irregularities in the submission of bids. Once the Form of Proposal has been submitted in the sealed envelope, there shall be no alterations or amendments; external markings or separate supplementary information shall, in no way, affect the sealed bid information. Any necessary adjustment to the proposal shall be made prior to its submission and shall be part of the enclosed sealed bid. e) A bidder may withdraw his bid, either in person or by or written request, at any time prior to the scheduled closing time for the receipt of bids. Negligence on the part of the bidder in preparing his bid confers no right for the withdrawal of the bid after it has been opened. 14. DISQUALIFICATION OF PROPOSAL a) The Bidder acknowledges the right of the Owner to reject any or all bids. b) A Bid may be disqualified and rejected under any or all of the following conditions: (1) If the Bidder fails to furnish the submit data required by the Contract Documents, or if the Bid is in any way incomplete or irregular. (2) If the Bid has not been deposited at the designated location prior to the date and time for receipt as indicated in the Bid Advertisement of these Instructions to Bidders. (3) If there is reason to believe that a bidder has submitted more than one bid for the same project. (4) If there is reason to believe that collusion exists among the bidders. (5) Failure to establish to Owner s satisfaction;

9 Instruction to Bidders 9 (a) Proof of ownership, control, or ability to procure necessary plant and equipment to commence the work at the time prescribed and thereafter prosecute and complete at the rate, or within the time specified. (b) That he is not already obligated by prior commitment to other work as to likely delay start, prosecution, or completion of the work required by the contract. (c) The he proposes to use reliable and responsible subcontractors or suppliers. 15. AWARD OF CONTRACT a) The contract will be awarded to the lowest qualified responsible bidder, provided his bid is reasonable and it is in the best interest of the Owner to accept. b) Owner may determine the lowest bid by adding one base bid to other base bi(s) and/or by adding to or deducting from those base bid(s), add or deduct alternates, unit prices, or substitutions, if any which the Owner elects to accept after the opening of bids. 16. EXECUTION OF CONTRACT a) Form of Agreement as prepared by Owner shall be the LIU CONSTRUCTION SERVICES CONTRACT (latest edition) b) Contract shall be ed to the contractor. The contractor is to print out two (2) copies, sign both copies, attached copies of their Certificates of Insurance and return both printed copies to the Purchasing Department. c) Performance and Payment bonds shall be submitted, if required, in the form of A.I.A. Document A , 3 rd edition, pages one (1) through six (6). At the time of execution of the Contract and prior to the start of construction operations, the successful bidder shall furnish Certification of Insurance in the form and amounts in accordance with Article 12of the Terms/Conditions. d) Schedule of Values, as per LIU Application For Payment form, bidder to provide breakdown of costs. 17. TAXES AND PERMITS a) Material purchased for use in the construction of buildings owned by a not for profit educational facility are exempt from Federal excise and State sales taxes when such materials are incorporated into and become part of the completed improvement.

10 b) Materials, appliances, tools, equipment, or fuel costs that do not become part of the completed improvement will be subject to all applicable taxes. c) The Owner is not subject to Federal Tax or transportation of property. d) Building Permits will be obtained by the Contractor, except where noted. 18.SUBCONTRACTOR S LISTING A listing of all subcontractors and major material suppliers (including address, telephone number, and name of individual to contact) whose services are proposed to be employed on the project shall be submitted within 15 days after signing of the contract. 19. TIME OF COMPLETION Bidder shall agree to start work within ten (10) working days of receipt of letter of intent from the University. Contractor shall state the number of calendar days required for completion as part of the bid response. 20. COMMENCEMENT OF WORK OPERATIONS a) Work under this Contract shall be executed and pursued without interruption of or interference with the Owner s operations. The Contractor shall prepare a Plan of Operations and Progress Schedule which shall show concisely the manner in which work will be started, prosecuted, and completed. After the approval of this document, the contractor shall be responsible for seeing that it is adhered to and for ascertaining that proper coordination is maintained between work of all projects. b) Work operations, access to buildings, and extent of movement of personnel within buildings shall be coordinated with and limited by the designated University Liaison. c) Contractor shall notify the designated University Liaison at least 24 hours in advance to advise of intended work operations to be scheduled and receive approval prior to starting work. END OF SECTION Instruction to Bidders 10