Doing Business with NYSERDA

Accessibility Requirements

NYSERDA is required under State and federal law and policy to make web site content (web pages, images, and applications) and web-published documents (PDF, MS-Word, MS-PowerPoint, MS-Excel, etc.) accessible to people with disabilities. Semantically correct and properly formatted documents and web pages are critical for accessible content. For example, a screen or text reader can convert the text of a properly formatted electronic document or web page into speech so a person with a visual disability can successfully hear the text of the web page or document.

View NYSERDA's Accessibility Requirements [PDF], which also includes links to the WCAG 2.2 accessibility guidelines as well as tutorials for creating accessible web content.

• Make a document comply with accessibility requirements: Word to Acrobat Accessibility Guide [PDF]
• Creating and applying appropriate alternative text to images, charts, or other visuals: Guide to Creating Alt Text Guide [PDF]

AI Systems may be in the form of software, an application, a website, or a feature.

NYSERDA Vendors¹ are responsible for using approved AI Systems in a productive, ethical, and lawful manner consistent with the ITS Acceptable Use of Artificial Intelligence Technologies Policy and NYSERDA’s Guidelines to mitigate the risk of misuse, unethical outcomes, intentional or inadvertent use of previously copyrighted works, potential biases, inaccuracy, and information security compromises.

Approval must be expressly granted to use any AI Systems by any NYSERDA Vendor for any purpose whatsoever related to their work at NYSERDA or for any reason where employee, contractor or customer information is entered into AI Systems, unless the specific AI use case is pre-approved on NYSERDA’s internal AI Inventory. Please work with your assigned NYSERDA Project Manager to seek approval to use an AI System for conducting NYSERDA business.

Any NYSERDA Proposer² who submit materials to NYSERDA that are created with the assistance of AI, must disclose such use to NYSERDA.

Vendors are expected to understand, abide by, and enforce the following provisions:

1. Include a disclosure identifying the use of AI on all materials created with the assistance of AI.
2. Operate only within the approved scope of activities and purposes authorized by ITS and NYSERDA.
3. Adhere to all NYSERDA policies on the use of information, and not enter any NYSERDA, employee, customer, third-party confidential, trade secret, or other personal or proprietary information into a prompt for an AI System unless authorized to do so as detailed above.
1. If the AI System will interact with personal information, NYSERDA may be required to notify the person and, in some jurisdictions, obtain permission from the person to use their personal information. This will be determined as part of the Risk and Privacy Assessment process.
2. If the AI System will interact with or produce confidential or trade secret information, the use of this information must be reviewed and approved as part of the Information Asset Identification Worksheet and the Risk and Privacy Assessment process.
4. AI may not be used to develop, generate, or disseminate offensive, discriminatory, inappropriate, or any other content that runs contrary to NYSERDA’s policies, procedures, mission, and goals, including hallucinations³ and deepfakes⁴ as determined by NYSERDA.
5. Thoroughly review all AI System outputs (human oversight) before using them or forwarding them to others inside or outside NYSERDA to:
1. ensure the content is factual and accurate
2. ensure that they do not contain biased, offensive, or discriminatory content; and
3. ensure they do not improperly use or disclose personal or confidential information.
6. Ensure that the use of the AI System is fair and equitable to all. Systemic computational, and human biases should be identified and remedied.
7. Ensure that the AI System and any output using AI is explainable and understandable to any user or recipient of information.
8. Verify accuracy of reported facts with other trusted, non-AI sources of information.
9. Ensure that decisions that impact the public are not made without oversight by appropriate staff, who make the final decisions. This includes, but is not limited to publishing or sharing content generated with AI assistance without internal approval to do so from Business Unit Lead (BUL) Management, and Corporate Communications, Marketing, Events Management, Social Media, and Legal as appropriate.
10. An AI System cannot be used to automate final decisions.
11. Not violate the acceptable use restrictions provided in the ITS AI Policy.

¹ “NYSERDA Vendor” refers to any contractor, consultant, Vendor.

² “NYSERDA Proposer” refers to any person who submits materials to NYSERDA

³ Hallucinations - a feature of large language models used to describe an output which may initially appear to be believable, but which is factually incorrect.

⁴ an image or recording that has been convincingly altered and manipulated to misrepresent someone as doing or saying something that was not actually done or said

NYSERDA contracts are initiated by two methods: competitive solicitations and unsolicited proposals. NYSERDA uses competitive solicitations to the maximum extent possible. Notices of competitive solicitations are provided to individuals, firms, and organizations through the New York State Contract Reporter, the State Register (when applicable), posts to NYSERDA's Current Funding Opportunities web page, and targeted postal mail and email.

Competitive solicitations are open to all qualified firms. Proposals are expeditiously and vigorously peer reviewed. Successful proposers are awarded projects under NYSERDA's streamlined contracting process.

NYSERDA fosters and promotes the participation of minority- women- and service disabled-owned as business enterprises in its programs.

To obtain paper copies of the Guide to Doing Business with NYSERDA [PDF], standard contract and recoupment terms, and further information about NYSERDA's contracting policies, contact Jillina Baxter at:

• Email: [email protected]
• Phone: 518-862-1090, ext. 3418
• Fax: 518-862-1091

Data Governance

The NYS Office of Information Technology Services (ITS) establishes and regularly updates policies, standards, and guidelines for information classification and security (collectively referred to as “ITS Policies”) to uniformly protect information entrusted to State Entities, including NYSERDA. All Information Assets collected and stored by, or on behalf of, NYSERDA are classified and managed per the policies and procedures outlined in the New York State Information Classification Policy (NYS-S14-002) . In addition, the New York State Information Security Policy (NYS-P03-002) sets forth the minimum requirements, responsibilities, and accepted behaviors to establish and maintain a secure environment to achieve the State's information security objectives. NYSERDA’s Data Governance Office reviews the ITS Policies as needed in conjunction with NYSERDA’s Information Security Officer and Chief Information Officer to ensure compliance.

If you are conducting business on NYSERDA’s behalf, please work with your assigned NYSERDA Project Manager to determine the classification rating and required controls for any Information Assets collected or stored on behalf of NYSERDA.

NYSERDA believes that diversity, equity, and inclusion are social and economic imperatives and looks to its contractors, consultants, and vendors to share this commitment in their operations, workforces, and within their supply chains.

Contractors are encouraged to utilize minority- and women-owned business, service-disabled veteran-owned business, and New York small business enterprises in contracts as subcontractors and suppliers.

In addition, contractors are encouraged to enter into partnerships, joint ventures, or other similar arrangements with minority- and women-owned business, service-disabled veteran-owned business, and New York small business enterprises.

NYSERDA maintains a high standard of ethics. To further this standard, all parties doing business with NYSERDA are required to adhere to the Code of Conduct for NYSERDA Contractors [PDF], Consultants, and Vendors.

Harassment and Discrimination

NYSERDA prohibits harassment in the workplace. Harassment based on race (including traits historically associated with race), ethnicity, color, religion, sex (including pregnancy), sexual orientation, gender identity or expression, the status of being transgender, familial status, marital status, age, national origin, disability (including pregnancy related conditions), military or veteran status, genetic information or predisposition, reproductive health decision making (including the decision to use or access a particular drug, device, or medical service), the status of being a victim of domestic violence, known relationship or association with any member of a protected class, or any other basis prohibited by law and will not be tolerated. In addition, retaliation against an individual who opposes a discriminatory practice, reports a violation in good faith, or participates in an investigation of such a complaint is also a violation and will not be tolerated.

All vendors must submit an affirmation that they have a sexual harassment policy in place and have trained all employees on this policy.

Title VI of the Civil Rights Act of 1964 protects people from discrimination based on race, color, and national origin in programs and activities receiving federal financial assistance. NYSERDA is responsible for monitoring recipients’ Title VI programs and ensuring their compliance with Title VI requirements. To learn more about the Title VI policy including how to file a complaint, see the below section titled “Title VI of the Civil Rights Act of 1964."

The NYS Office of Information Technology Services (ITS) establishes and regularly updates policies, standards, and guidelines for information security (collectively referred to as “ITS Security Policies”) for State Entities, including NYSERDA. Contractors, vendors, and solution providers conducting work on behalf of NYSERDA including, but not limited to, application development, web development, hosting, or managing NYSERDA’s sensitive data are required to comply with the NYS requirements. These requirements include, but are not limited to, the NYS Information Security Policy NYS-P03-002 which sets forth the minimum requirements, responsibilities, and accepted behaviors to establish and maintain a secure environment and achieve the State's information security objectives. A complete list of ITS Security Policies is available at: https://its.ny.gov/policies 

Contractor shall notify NYSERDA’s Information Security Officer immediately upon discovery or notification of any security breaches or vulnerabilities:

• [email protected]
• (518) 862-1090 x3486

CONUS

All NYSERDA data must be stored within the 48 contiguous states of the United States and the District of Columbia. This definition specifically excludes the states of Alaska and Hawaii as they are not part of the contiguous states and are included in the definition of Non-Foreign, Outside the Contiguous United States (CONUS) locations. NYSERDA’s data may only be shared with contractors who are located outside the CONUS if the data remains on a system inside the CONUS.

Contractors who are located outside the CONUS may only access NYSERDA applications that DO NOT have a connection to NYSERDA’s infrastructure.

High or Moderate Rating

Contractors that manage NYSERDA’s data outside of NYSERDA’s systems with a High or Moderate rating as per the NYS ITS Information Asset Identification Worksheet must comply with the following requirements.

For information on linking to NYSERDA's website, see NYSERDA's linking policy.

Use of the NYSERDA Logo requires prior approval. NYSERDA has strict logo policies. To protect the integrity of the NYSERDA brand and ensure that the contractors and other organizations appropriately identify their relationship with NYSERDA, a logo request must be submitted. Fill out the logo request form and upload a sample of how the logo will be used. NYSERDA considers each request to be unique and evaluates each one accordingly.

To learn more about NYSERDA's attribution logos, download the NYSERDA Attribution Logos Guidance Document [PDF].

It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority- and women-owned business enterprises as bidders, subcontractors, and suppliers on its procurement contracts.

Information on New York State contractors and suppliers is available from:

Empire State Development
Division for Small Business
30 South Pearl Street
Albany, NY 12245
(518) 292-5220

A directory of certified minority- and women- owned business enterprises is available from: https://ny.newnycontracts.com/?TN=ny

Additional information about Empire State Development may be found on the web at: esd.ny.gov/MWBE.html

Additional information about Empire State Development may be found online at esd.ny.gov

Welcome to NYSERDA’s Project Publicity Toolkit which provides guidance to partners and NYSERDA-awarded projects for planning events and publicizing project milestones. In this resource, you will find:

• Step-by-Step instructions for planning an event
• Templates for drafting:
• Press release [doc]
• Media advisory [doc]
• Event Invitation [doc]
• Photo Release Form [PDF]
• Social Media Tips [PDF]
• Links to online forms including:
• Event Request Form to request a speaker from NYSERDA
• Logo Request Form to request use of NYSERDA’s logo

We hope you find this Toolkit helpful in working with NYSERDA to share news about your project milestones.

The NYSERDA Report Content Guide[PDF] explains how to prepare and submit a report deliverable specified in a contract with the New York State Energy Research and Development Authority (NYSERDA).

Please use the NYSERDA Report Template and Example [DOC] when drafting your report. Consult the formatting guide [PDF] for more information. NYSERDA will publish the finished report deliverable.

Direct questions about content and formatting of report deliverables to your NYSERDA Project Manager or Diane Welch in NYSERDA Marketing at 518-862-1090, x3276 or [email protected].

Use of this template and its related guidance is not required for proposals or responses to NYSERDA funding opportunities or other solicitations. Consult the solicitation to see if there are any formatting requirements for the proposal, and contact the person listed on the solicitation if you have additional questions.

Project proposals should reflect the priorities in NYSERDA's multi-year research program plan, Toward a Clean Energy Future: A Three-Year Strategic Outlook [PDF|11.2MB].

It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including service-disabled veteran owned business enterprises as bidders, subcontractors, and suppliers on its procurement contracts.

Information on New York State contractors and suppliers is available from:

Division of Service-Disabled Veterans’
Business Development
32ndFloor, Corning Tower, ESP,
Albany, NY 12242
(518) 474-2015

A directory of certified service-disabled veteran owned business enterprises is available from: https://online.ogs.ny.gov/SDVOB/search

Additional information may be found online at: https://ogs.ny.gov/veterans

Title VI of the Civil Rights Act of 1964 and related Federal nondiscrimination prohibitions protect people from discrimination in NYSERDA’s programs based on race, color, national origin, sex, age, disability, and limited English proficiency in programs and activities receiving federal financial assistance.

Any person who believes they have suffered from prohibited discrimination when accessing a NYSERDA program, service or activity may contact NYSERDA’s Nondiscrimination Coordinator by submitting a completed complaint form to NYSERDA by online form submission. If you would prefer to submit a hard copy complaint form, please request a blank complaint form from the Nondiscrimination Coordinator using the contact information provided below..

Email: [email protected]

U.S. Mail:

New York State Research and Development Authority
Attn: Nondiscrimination Coordinator
17 Columbia Circle
Albany, NY 12203

Phone: (518) 862-1090
Fax: Attn: Nondiscrimination Coordinator, (518) 862-1091

Complaints regarding NYSERDA programs receiving federal funding must be submitted with 180 days from the time of the alleged discriminatory conduct, unless the time for filing is extended by the Nondiscrimination Coordinator for good cause. A complaint may also be made directly to the federal agency from whom NYSERDA received federal funds. A list of agencies from which NYSERDA receives funding is attached at the end of its Title VI Policy and Procedures document.

• Title VI Policy and Procedures [PDF]
• Title VI Complaint Form

Following receipt of a written complaint, NYSERDA shall follow the complaint process found in its Title VI Policy and Procedures.