P-12

Prekindergarten through Grade 12 Education

RFP #10-012

Title: NYS Statewide School Health Services Center

The Office of Student Support Services of the New York State Education Department (NYSED) is seeking proposals to operate a Statewide School Health Services Center (the Center). The Center will work in collaboration with the New York State Education Department as a resource center to provide professional development and ongoing technical assistance to all school health personnel employed in all schools throughout the State (inclusive of both health and mental health personnel).

Eligible applicants are Local Education Agencies (LEAs), Boards of Cooperative Educational Services (BOCES), public or private Institutions of Higher Education (IHEs), not-for-profit organizations, or for-profit organizations. Subcontracting will be limited to thirty percent (30%) of the annual contract budget. NYSED encourages the use of minority/women-owned business enterprises as both prime contractors and subcontractors. The goals are 5% Minority Business Enterprise (MBE) and 5% Women-Owned Business Enterprise (WBE). The 10% goal can be met by any combination of MBE and WBE participation. Please see the section of this RFP for information regarding NYSED’s Minority/Women-Owned Business Enterprise Procurement Policy. NYSED will award (1) contract with a term of five (5) years. The contract will run from January 1, 2011 – December 31, 2015.

Bidder proposals need to satisfy certain mandatory requirements, more fully set forth in the Mandatory Requirements section of the RFP.

Components contained in RFP Proposal #10-012 are as follows:

  1. Description of Services to be Performed
  2. Submission
  3. Evaluation Criteria and Method of Award
  4. Assurances
  5. Submission Documents Word document icon (338 KB)
    TAC Budget Excel icon (60 KB)

Questions and Answers PDF icon (74 KB) are now posted.

Contact Information for Questions

Program Matters

Fiscal Matters

M/WBE Matters

Karen Hollowood Richard P. Duprey Joan Ramsey
SSHSC@mail.nysed.gov (518) 486-1588 (518) 486-6883
SSHSC@mail.nysed.gov SSHSC@mail.nysed.gov

The following documents must be received at NYSED no later than September 10, 2010 by 3:00 PM:

  1. Technical Proposal—Six (6) copies (one bearing an original signature in blue ink)
  2. Cost Proposal—Three (3) copies (one bearing an original signature in blue ink)
  3. Microsoft Word (CD format)—One (1) electronic version with both the technical and cost proposals.
  4. M/WBE Documents—Three (3) copies (one bearing an original signature in blue ink)

The mailing address for all the above documentation is:

Send to:
NYS Education Department
Bureau of Fiscal Management
Contract Administration Unit
89 Washington Avenue, Room 505W EB
Albany, NY 12234

Facsimile copies of the proposals are NOT acceptable.


Submit each of the following documents in separately sealed envelope:

  • Technical Proposal labeled Technical Proposal - RFP #10-012 Do Not Open
  • Cost Proposal labeled Cost Proposal – RFP #10-012 Do Not Open
  • M/WBE Documents labeled M/WBE Documents—RFP #10-012 Do Not Open

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Description of Services to be Performed


Work Statement and Specifications

This section of the bid package details the services and products to be provided. Please note that the contract process also includes general New York State administrative terms and conditions, as well as terms and conditions required by New York State law. These terms and conditions address issues related to both the submission of bids and any subsequent contract; they are included separately in this bid package for your information. Please review all terms and conditions.

Background

School Health Services are necessary to improve and/or maintain the health of students. Health is the condition of being sound in mind and body. According to Maslow’s theory of motivation, health is a basic need that must be met before a student can move on to higher level needs such as knowledge and understanding. Recognition that non-academic supports are essential to healthy students can be found in Education Law Article 19 which describes the school health services that need to be in place in order to ensure a healthy school community, beginning with healthy students.

The expectations placed on schools for the oversight of student health are as much of a priority as those for academic performance. The Board of Regents has placed emphasis on the need for the public to be served by qualified ethical professionals who remain current with best practice in their fields. In addition, the practice of school health personnel is guided by State and Federal law and regulation, and other agency’s requirements (e.g. NYS Department of Health). As a result of these laws and regulations, schools are placing an increased number of medically fragile students (e.g. students with diabetes, asthma, seizure disorders, and other serious chronic health conditions) in regular classrooms. This requires increased support from school health personnel. In all school districts, especially low performing schools, school health personnel should serve as resources to enable existing committees (i.e. health and safety committee and AIDS advisory council) build a sustainable infrastructure. The purpose of such an infrastructure is to develop an integrated, comprehensive, equitable and multidimensional approach to health that supports students thereby enabling them to reach their highest potential.

Purpose of the Center

The proposed Statewide School Health Services Center (the "Center") will meet the unique needs of school health personnel. School health personnel need to be able to act autonomously since they are usually the only health personnel in the school. The laws impacting school health services (e.g. FERPA, NYS Education Law) are very different than those followed by health professionals working outside the school environment. Education and technical assistance that is specific to school health personnel is required to insure that students receive care that follows best practices, and is aligned with state and federal requirements.

In order to ensure that school health personnel establish, implement, and maintain school health services programs that are of high quality professional development, technical assistance and resources are required from a source that is credible, reliable and available.

All services provided by the Center will reflect the following principles of physical, social and emotional development and learning (SEDL):

  1. Be grounded in theory and research;
  2. Incorporate continuing evaluation and improvement;
  3. Provide high-quality staff development, support, and resources; and
  4. Support schools to coordinate and unify relevant programs and practices.

The objective of the Center is to (1) increase the capacity of school health personnel to provide quality school health service programs to all schools in New York State, (2) improve linkages with school health personnel and other health related personnel in schools and local communities, (3) thereby increasing the use of existing resources to improve the health of students.

Required Activities and Outcomes

Required Activities

Outcomes

Professional Development

  1. The Center, in consultation with NYSED, will deliver *Professional Development events that are relevant and research-based professional development targeted to school nurses and medical directors. Professional Development events should reflect on both current scientific research, and best practice in the fields of nursing and medicine. Additionally, they need to provide information on federal and NYS laws and regulations that impact school health services.
    • The Center, in consultation with NYSED, will deliver two Professional Development events each year, one downstate and one upstate. For purposes of this contract, downstate will be defined as areas south of the capital region; upstate will be defined as inclusive of the capital region and areas to the north and west. Each event will be for one day. Expected attendance is 150-200 people per event.
    • The Center in consultation with NYSED will deliver a minimum of six one-hour webinars per year. One of the webinars each year is to cover topics related to HIV.

*Topics may include but are not limited to: asthma, diabetes, and emergency care plans. Topics will be chosen in conjunction with NYSED staff to reflect identified needs based on inquiries to the Center and NYSED staff, trends, emergent needs, analysis of data collected at state and federal levels, and requests from the field. NYSED staff reserves the right to approve curriculum prior to presentation.

 

Minimally, between 15% and 20% of health professionals in New York State public and private schools should receive professional development annually during each year. Subsequent year’s professional development should target between 15% and 20% of public and private schools who have not received professional development the previous year. After 5 years a minimum of 90%, of the approximately 4,600 public and private school health professionals, should have received professional development at least once.

Participants in Professional Development events should demonstrate increase in knowledge and/ or skill as evidenced by pre and post tests; and/or surveys.

Technical Assistance

  1. The Center will provide ongoing technical assistance to school health personnel via phone, email, and list-serve in order to provide timely (within 1-2 business days) responses to questions and concerns from the field related to school health services; along with dissemination of critical and emerging health care issues as they relate to students and schools.
    • Center staff will be available for phone calls and emails from the field on regular business days Monday through Friday, 8:00 a.m. – 4:30 p.m.(On a monthly basis, approximately 1,100 telephone calls and e-mails have been received by the Center.)
    • The Center will maintain an updated and as complete as possible list serve of school health representatives from each public school, BOCES, and non-public school to ensure timely and relevant messages pertaining to school health services will be received by all schools in NYS.

 

The Center will keep a count of the number of calls and e-mails they respond to each month. Additionally Center staff will include the school name that the call or e-mail is in reference to if practicable.

The Center will forward copies of all list serve notices to NYSED staff.

Web-based Resources

  1. The Center will establish and serve as a web-based clearing house of resources for information and effective practices in school health services using the externally hosted, dedicated website currently in use (schoolhealthservicesny.com).
    • The web site will be updated monthly and as needed to include: Information on how to contact the Center, links to professional organizations for school health personnel(inclusive of related health professions such as social workers and school psychologists), information on professional development opportunities, Center-developed streaming video or other pre- recorded formats of previously presented web based professional development events, information on topics relevant to school health services, and other relevant information.
    • The Center will publish quarterly E-newsletters on the website and disseminate the availability of the E-newsletter via the list serve; to provide current information on topics in school health services.
    • The Center will develop tools (to be placed on the website) to be used by school health personnel (e.g. school nurse substitute manual, sample emergency care plans). Determination of tools to develop will be based on inquiries from the field.
    • Provide information and resources to assist schools in developing policies and procedures to develop functionally coordinated health systems.
    • Provide tools, templates, model policies, and model programs as resources to school health personnel and administrators to assist in developing a sustainable and coordinated infrastructure for school health. Utilize national organizations resources (e.g. American School Health Association, Centers for Disease Control and Prevention) to further promote a coordinated school health model.

 

The Center will provide NYSED with the following information in their quarterly reports, including, but not limited to: updates to the website that have been done; number of visits to the website along with an analysis of the trend of website visits over time; copies of all tools or templates developed by the Center; copies of the E-newsletters; and any other resources or information that have been added to the website.

Collaboration

  1. The Center will collaborate with NYSED staff to provide surveys, information, and development of guidance materials.
    • Assist NYSED staff in collaborations with DOH to provide up to date information on current and pressing health issues in the state (e.g. H1N1, asthma, BMI, diabetes, obesity, immunizations) The Center staff will have conference calls a minimum of once per month or as needed with NYSED staff to discuss and plan the Center’s activities and to address emerging issues of concern to both. The Center and NYSED program staff will communicate frequently and informally on an ongoing basis. In addition the Director will attend quarterly meetings in Albany with NYSED staff.

 

Staff is available to consult via telephone, or in Albany when requested to work on projects with NYSED staff as needed.

Survey Administration

  1. The Center in consultation with NYSED, will conduct the Center for Disease Control (CDC) surveys listed below to all New York State school districts on such years as indicated. The Center will obtain participation from a minimum of 90% of all schools sampled (striving for 100% participation), and administer the:
    • Youth Risk Behavior Survey (YRBS) (2011; 2013; 2015) (approximately 50 schools sampled; approximately 2 classes of students per school); and
    • School Health Profiles (2012, 2014) (approximately 900 schools sampled: middle school and high school principals, and lead health education teacher.)

Scope of work for YRBS:

  • Obtain clearance from schools selected by Westat (the Centers for Disease Control and Prevention’s statisticians);
  • Provide technical assistance for schools concerning the class selection, student participation, administration, and collection of survey data;
  • Keep log of communications with schools. Provide copies upon request;
  • Assemble, package, and distribute surveys and survey materials to schools via mail based on when surveys are to be administered. Center will provide for cost of all of above;
  • Provide on-site administration of survey, as needed, by school districts. Plan for 5 site visits per survey year;
  • Collect, coordinate, and prepare the completed survey data from the participating schools to specifications outlined in the manual provided by Westat;
  • Mail completed surveys to CDC;
  • Compile a written log of the above activities. Provide copy to SED in quarterly report. Provide copy to CDC upon request;
  • Review raw data file from CDC ensuring accuracy of data.

Scope of Work for School Health Profiles:

  • Disseminate the survey instrument via mail to schools selected by Westat;
  • Provide technical assistance to schools concerning survey completion;
  • Follow up contact to insure all schools have received a survey packet;
  • Keep log of communications with schools. Provide copies upon request;
  • Collect, coordinate, and prepare the completed survey data from participating schools to specifications outlined in the manual provided by Westat;
  • Mail completed surveys to CDC.

 

Obtain clearance and completed survey in 90% or more of sampled schools.


Mandatory Requirements

  1. The vendor must be able to devote a minimum of one full-time Director to the requirements outlined in the RFP. The Director must be a Registered Nurse (RN) licensed to practice in New York State, with a Master’s degree or higher in Nursing or a health related field. Additionally must have five years of experience in school health services, along with a minimum of three years experience ( which may or may not have occurred during the 5 years of school health services experience) in a management role responsible for delivering professional development, initiatives/training, or instruction of nursing or related field in higher education.
  2. The vendor’s other full time professional staff must have at least a Bachelor’s degree in nursing or a health related field, and a minimum of two years experience in school health services or public health care. This 1 FTE position may not be shared by more than two individuals.
  3. The vendor must provide job descriptions for all professional staff associated with this procurement. Resumes of staff that will perform work for this contract must be submitted with the application.
  4. The vendor must have a physician or nurse practitioner to serve as an employee or consultant for issues related to the role of medical directors and practice issues. This physician or nurse practitioner must have a license to practice in New York State and have a minimum of two years experience as a school medical director. Costs for this position are not to exceed 20% of the total salary budget.
  5. Bidders must comply with NYSED’s MBE and WBE participation goals by completing and submitting M/WBE 100, Utilization Plan, M/WBE 102, Notice of Intent to Participate and EEO 100, Staffing Plan. The above referenced forms are located in Submission Documents. M/WBE subcontractors must register with the NYS Division of Minority and Women-owned Business Development before beginning any work on this contract. See http://www.nylovesmwbe.ny.gov external link icon for additional information and a listing of currently registered M/WBEs.

The Mandatory Requirements Certification Form (Found in Submission Documents) must be filled out, signed and submitted with the Technical Proposal. Bids that do not include the Mandatory Requirements Certification Form will be disqualified.

Desired Staffing Requirements

It is desired that the vendor have the following:

  1. A thorough understanding of the challenges faced by urban, suburban, and rural school health programs.
  2. A working knowledge of State and federal requirements for school health services.
  3. Experience in the areas of school health services at the district level, crisis management, health promotion, and coordinated school health in general.

Payment and Reporting

The contractor will be responsible for timely and accurate submission of all required plans and reports for review and approval by NYSED staff.

The Center must submit a work plan in the format provided in section 5 Submission Documents to the NYSED Office of Student Support Services at the beginning of each contract year.

The Center must submit quarterly progress reports and annual reports within 30 days of the end of the financial period detailing the work of the Center, based on the objectives, sub-objectives, and outcomes defined by SED and evidenced in the Center’s work plan. An evaluation plan must be developed by the Director, and approved by NYSED. The Center must demonstrate that outcome evidence is data-based and is the result of evaluation methods that are valid and reliable.

Quarterly payments will be made to the vendor once the quarterly progress reports are reviewed and program initiatives and outcomes are determined to be adequate. Failure to submit the required progress reports will result in the suspension of future payments.

Budget Information

The following should be reviewed before preparing the budget.

Allowable Costs

Expenditure of contract funds is allowed for the following:

  1. Professional and non-professional salaries. The salary for the physician or nurse practitioner retained for issues related to the role of medical directors and practice issues shall not exceed 25% of the total salaries budget, which does not include the salary of the physician or nurse practitioner.
  2. Employee benefits.
  3. Purchased services: Subcontracting costs for direct services are limited to 30% of the total budget. Purchased services include consultant services. In the event a physician or nurse practitioner is retained as a consultant for issues related to the role of medical directors and practice issues, the cost of such individual shall not exceed 25% of the total salaries budget, which does not include the consulting fee of the physician or nurse practitioner’s.
  4. Event costs, including space rental for participants. Overnight expenses and per diem payments for participants are not allowed.
  5. Supplies, materials and printing directly related to the program and having a unit cost of less than $5,000
  6. Travel expenses for employees and consultants to carry out the essential work of the program. Travel costs including per diem rates must not exceed established NYS travel rates, as indicated at http://www.gsa.gov external link icon under "travel resources." Out-of-state travel for attendance at professional development events for Center staff is subject to approval by the NYSED program contract manager. Approval must be received before any commitments are made.
  7. Indirect cost: Indirect costs may be included in the budgets. They are costs of activities that benefit more than one program or objective and, therefore, cannot be readily assigned to only one specific program or objective. Indirect costs are generally classified under functional categories such as general maintenance and operation expenses, general office and administration expenses, general overhead expenses, and other allowable general expenses.

Examples of indirect costs are:

  • Costs of operating and maintaining facilities.
  • General administration and general expenses, such as budgeting, accounting, human resources, legal, and purchasing.
  • Centralized services, such as motor pools and information systems; and Personnel and accounting administration.

NYSED calculates the indirect cost rate for 2010-2011 for public schools and BOCES using data reported on the ST-3 or A-111 forms respectively, using a methodology approved by the U.S. Education Department. Letters are mailed to the Chief Administrative Officers notifying them of their rates. Colleges and universities have an 8% indirect cost rate. Community Based Services Organizations have a 2.7% indirect cost rate.

Contract Period

The contract resulting from this RFP will be for five years, January 1, 2011 through December 31, 2015, subject to, and contingent upon, the appropriation and availability of funds.

At the end of any contract term otherwise provided for herein, if a replacement contract has not yet been approved in accordance with State law, any contract awarded hereunder may be extended unilaterally by the State, upon notice to the contractor, at the same terms and conditions, including all contract pricing, for a period of one month. Additionally, this extension may be for a period of up to three months with the concurrence of the contractor. However, any extension will terminate immediately upon approval of the replacement contract except where a period for transition of contractors has been previously provided for.

Eligibility:

Eligible applicants include:

  • Local Educational Agencies (LEA)
  • Boards of Cooperative Educational Services (BOCES)
  • Institutions of Higher Education (IHE)
  • Not-for-profit organizations or agencies
  • For-Profit organizations or agencies
  • A consortium of any of the above agencies

Subcontracting Limit

SSubcontracting will be limited to thirty percent (30%) of the annual contract budget. Subcontracting is defined as non-employee direct personal services and related incidental expenses, including travel.

When subcontracting any work under this contract, the vendor must use New York State-registered M/WBEs for an amount greater or equal to 5% MBE and 5% WBE of the total dollar amount of the contract. The 10% goal can be met by any combination of MBE and WBE participation. Bidders must respond to the participation goals established for MBE and WBE participation by completing and submitting the forms described in the Mandatory Requirements section of this RFP. These subcontractors must register with the NYS Division of Minority and Women-owned Business Development before beginning any work on this contract.

M/WBE AND EQUAL EMPLOYMENT OPPORTUNITIES REQUIREMENTS CONTRACTOR REQUIREMENT AND OBLIGATION UNDER NEW YORK STATE EXECUTIVE LAW, ARTICLE 15-A (PARTICIPATION BY MINORITY GROUP MEMBERS AND WOMEN WITH RESPECT TO STATE CONTRACTS)

In an effort to eradicate barriers that have historically impeded access by minority group members and women in State contracting activities, Article 15-A, of the New York State Executive Law §310-318, (Participation By Minority Group Members and Women With Respect To State Contracts) was enacted to promote equality of economic opportunities for minority group members and women.

The New York State Education Department ("NYSED") has enacted its policies Equal Opportunity, Non-Discrimination and Affirmative Action and on Minority and Women-Owned Business Enterprise Procurements, consistent with the requirements as set forth under the provisions of Article 15-A (the "Article") incorporated by reference, requiring Contracting Agencies to implement procedures to ensure that the "Contractor" (as defined under Article 15-A, §310.3 shall mean an individual, a business enterprise, including a sole proprietorship, a partnership, a corporation, a not-for-profit corporation, or any other party to a state contract, or a bidder in conjunction with the award of a state contract or a proposed party to a state contract, complies with requirements to ensure Equal Employment Opportunities for Minority Group Members and Women, in addition to providing Opportunities for Minority and Women-Owned Business Enterprises on all covered state contracts.

In keeping with the intent of the Law, it is the expectation of the Commissioner and the responsibility of all contractors participating in and/or selected for procurement opportunities with NYSED, to fulfill their obligations to comply with the requirements of the Article and its implementing regulations.

In accordance with these requirements, the contractor hereby agrees to make every good faith effort to promote and assist the participation of certified Minority and Women-Owned Business Enterprises ("M/WBE") as subcontractors and suppliers on this project for the provision of services and materials in an amount at least equal to the M/WBE goal (Included in the procurement document) as a percentage of the total dollar value of this project. In addition, the contractor shall ensure the following:

  1. All state contracts and all documents soliciting bids or proposals for state contracts contain or make reference to the following provisions:
    1. The contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability, marital status, gender, religion, veteran status, sexual orientation, genetic disposition or carrier status and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination.

      For purposes of the Article, affirmative action shall mean recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination and rate of pay or other forms of compensation.
    2. The contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability, marital status, gender, religion, veteran status, sexual orientation, genetic disposition or carrier status and that such union or representative will affirmatively cooperate in the implementation of the contractor’s obligation herein.
    3. The contractor shall state in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability, marital status, gender, religion, veteran status, sexual orientation, genetic disposition or carrier status.
  2. The contractor will include the provisions of subdivision one of this section in every subcontract as defined under §310.14, except as provided under §312.6 of the Article, in such a manner that the provisions will be binding upon each subcontractor as to work in connection with the State contract.
  3. Contractors or subcontractors shall comply with the requirements of any federal law concerning equal employment opportunity, which effectuates the purpose of this section.
  4. Contractors and subcontractors shall undertake programs of affirmative action and equal employment opportunity as required by this section . In accordance with the provision of the Article, the bidder will submit, with their proposal, Staffing Plan (EEO 100).
  5. Certified businesses (as defined under Article 15-A, §310.1 means a business verified as a minority or women-owned business enterprise pursuant to §314 of the Article) shall be given the opportunity for meaningful participation in the performance of this contract, to actively and affirmatively promote and assist their participation in the performance of this contract, so as to facilitate the award of a fair share of this contract to such businesses.
  6. Contractor shall make a good faith effort to solicit active participation by enterprises identified in the Empire State Development ("ESD") directory of certified businesses, which can be viewed at: http://www.nylovesmwbe.ny.gov external link icon
  7. Contractor shall agree, as a condition of entering into said contract, to be bound by the provisions of Article 15-A, §316.
  8. Contractor shall include the provisions set forth in paragraphs (6) and (7) above, in every subcontract in a manner that the provisions will be binding upon each subcontractor as to work in connection with this contract.
  9. Contractor shall comply with the requirements of any federal law concerning opportunities for M/WBEs which effectuates the purpose of this section.
  10. Contractor shall submit M/WBE Utilization Plan (M/WBE 100) as part of their proposal in response to NYSED procurement.
  11. The percentage goals established for this RFP are based on the overall availability of M/WBEs certified in the particular areas of expertise identified under this RFP. These goals should not be construed as rigid and inflexible quotas which must be met, but as targets reasonably attainable by means of applying every good faith effort to make all aspects of the entire Minority and Women-Owned Business Program work.
  12. Contractor shall ensure that enterprises have been identified (M/WBE 102) within the Utilization Plan, and the contractor shall attempt, in good faith, to utilize such enterprise(s) at least to the extent indicated in the plan, as to what measures and procedures contractor intends to take to comply with the provisions of the Article.
  13. Contractor shall upon written notification from NYSED M/WBE Program Unit as to any deficiencies and required remedies thereof, the contractor, within the period of time specified, will submit compliance reports documenting remedial actions taken and other information relating to the operation and implementation of the Utilization Plan.
  14. Where it appears that a contractor cannot, after a good faith effort, comply with the M/WBE participation requirements, contractor may file a written application with NYSED M/WBE Program Unit requesting a partial or total waiver (M/WBE 101) of such requirements setting forth the reasons for such contractor’s inability to meet any or all of the participation requirements, together with an explanation of the efforts undertaken by the contractor to obtain the required M/WBE participation.

For purposes of determining a contractor’s good faith efforts to comply with the requirements of this section or be entitled to a waiver, NYSED shall consider at the least the following:

  1. Whether the contractor has advertised in general circulation media, trade association publications and minority-focused and women-focused media and, in such event;
    1. Whether or not the certified M/WBEs which have been solicited by the contractor exhibited interest in submitting proposals for a particular project by attending a pre-bid conference; and
    2. Whether certified businesses solicited by the contractor responded in a timely fashion to the contractor’s solicitations for timely competitive bid quotations prior to the contracting agency’s deadline for submission of proposals.
  2. Whether there has been written notification to appropriate certified M/WBEs that appear in the Empire State Development website, found at: http://www.nylovesmwbe.ny.gov external link icon

All required Affirmative Action, EEO, and M/WBE forms to be submitted along with bids and/or proposals for NYSED procurements are attached hereto. These forms are to be submitted without change to goals specified in the RFP. All M/WBE firms are required to be certified by Empire State Development (ESD) or must be in the process of obtaining certification from ESD.

Failure to comply with the requirements of Article 15-A as set forth under this procurement and in conjunction with the corresponding contract, will result in the withholding of associated funds and other enforcement proceedings set forth under Article 15-A.

New York State Enterprise IT Policy NYS-P08-005, Accessibility Web-Based Information and Applications

Any web-based intranet and Internet information and applications development, or programming delivered pursuant to the contract or procurement will comply with New York State Enterprise IT Policy NYS-P08-005, Accessibility Web-Based Information and Applications, and New York State Enterprise IT Standard NYS-S08-005, Accessibility of Web-Based Information Applications, as such policy or standard may be amended, modified or superseded, which requires that state agency web-based intranet and Internet information and applications are accessible to persons with disabilities. Web content must conform to New York State Enterprise IT Standard NYS-S08-005, as determined by quality assurance testing. Such quality assurance testing will be conducted by NYSED and the results of such testing must be satisfactory to NYSED before web content will be considered a qualified deliverable under the contract or procurement. The policy can be found at the following web site: http://www.oft.state.ny.us/Policy/NYS-P08-005.pdf external link icon.

Technical Assistance Center Certification

Vendors must sign and return the Technical Assistance Center (TAC) Certification form located in Submission Documents with the Technical Proposal.

Consultant / Staff Changes

The Contractor will take steps to maintain continuity of the staff and consultants throughout the course of the contract. All changes in program staff and consultants will be subject to NYSED approval. The replacement Consultant(s) with comparable skills must be provided at the same or lower hourly rate.

Electronic Processing of Payments

In accordance with a directive dated January 22, 2010 by the Director of State Operations - Office of Taxpayer Accountability, all state agency contracts, grants, and purchase orders executed after February 28, 2010 shall contain a provision requiring that contractors and grantees accept electronic payments. Additional information and authorization forms are available at the State Comptroller’s website at http://www.osc.state.ny.us/epay/index.htm external link icon.

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Submission


Documents to be submitted with this proposal

This section details the submission document or documents that are expected to be transmitted by the respondent to the State Education Department in response to this RFP. New York State Education Department shall own all materials, processes, and products (software, code, documentation and other written materials) developed under this contract. Materials prepared under this contract shall be in a form that will be ready for copyright in the name of the New York State Education Department. Any sub-contractor is also bound by these terms. The submission will become the basis on which NYSED will judge the respondent’s ability to perform the required services as laid out in the RFP. This will be followed by various terms and conditions that reflect the specific needs of this program.

The proposal narrative must not exceed 20 double-spaced 8 ½ x 11 inch pages in Times New Roman font, standard style 12-point font and one inch margins. This page limit does not include Forms and Assurances required for submission. Videos and/or DVDs, publications, press clippings, and letters of testimonial support are not to be submitted.

Program Submission:

The proposal submitted in response to this RFP must include the following documents:

  1. Technical Proposal—Six (6) copies (one bearing an original signature in blue ink)
  2. Cost Proposal—Three (3) copies (one bearing an original signature in blue ink)
  3. Microsoft Word (CD format)—One (1) electronic version with both the technical and cost proposals.
  4. M/WBE Documents—Three (3) copies (one bearing an original signature in blue ink)

The proposal must be received by September 10, 2010 by 3:00 PM at NYSED in Albany, New York.

The Technical Proposal should be organized as follows:

  1. Response sheets for Bids
  2. All Forms and Assurances located in Submission Documents including signatures where necessary
  3. Mandatory Requirements Certification Form (Signature Required)
  4. Technical Assistance Center (TAC) Certification (Signature Required)
  5. Resumes and Job Descriptions
  6. Program Description containing:
    • Purpose/mission of the program consistent with the purpose and objectives of this RFP. Bidders should demonstrate knowledge of the demographics of the State. Understanding the role of school health services in improving student health, along with the scope of practice of health personnel in a school setting must also be established.
    • Program staffing for all professional staff reflects a commitment to employ qualified personnel and the ability to carry out the activities of the Center. Experience in the provision of professional development and technical assistance services to school health personnel, as evidenced by:
      1. A thorough understanding of the challenges faced by urban, suburban, and rural school health programs.
      2. A working knowledge of State and federal requirements for school health services.
      3. Experience in the areas of school health services at the district level, crisis management, health promotion, and coordinated school health in general. Resources are readily available, and are sufficient to support the completion of the required activities.
  7. A completed Work Plan and Evaluation Template found in section Submission Documents. The proposal must provide activities that will result in meeting the goal, objectives, sub-objectives, and expected outcomes described in the narrative section of the RFP. Additionally, each proposal must provide outcome evidence that is data-based and directly aligned to expected outcomes. Each proposal must also describe, in narrative form, a plan to evaluate and report on the extent to which the Center has met the program goal, objective, sub-objective and outcomes. The evaluation plan must reflect sound evaluation methods that are both valid and reliable.

Cost Proposal:

The original plus two copies of the completed Cost Proposal should be mailed in a separate envelope labeled RFP #10-012 Cost Proposal Do Not Open and should include the following:

  1. Technical Assistance Center (TAC) Budget (1/1/11-12/31/11)
  2. TAC Budget Summaries for Years 2012-2015
  3. TAC Five Year Budget Summary (Signature Required)
  4. Subcontracting Form

Subcontracting is limited to no more than 30% of annual contract budget. Subcontracting is defined as non-employee direct personal services and related incidental expenses, including travel.

The Financial Criteria portion of the RFP will be scored based upon the grand total of the five year TAC Budget Summary.

M/WBE Documents

The original plus two (s) copies of the completed M/WBE Documents must be mailed in a separate envelope labeled RFP #10-012-M/WBE Documents-Do Not Open and must include the following:

  1. M/WBE Cover Letter Signature Required
  2. M/WBE 100 Utilization Plan
  3. M/WBE 102 Notice of Intent to Participate
  4. EEO 100 Staffing Plan

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Evaluation Criteria and Method of Award

This section begins with the criteria the agency will use to evaluate bids, and closes with the "method of award" or how the contractor will be selected. This will be followed by various terms and conditions that reflect the specific needs of this program as well as New York State contract guidelines and requirements.

Criteria for Evaluating Bids

All complete proposals received by the deadline will be reviewed using the following criteria and ratings. Applicants must ensure that all components of this application request have been addressed, the required number of copies have been provided, all forms and assurances have been completed and the original signatures are included as required.

Proposals receiving at least seventy percent (70%) of the points available for the Technical proposal (a total of 49 out of 70 points) will move to the next step of the process. Proposals with a score of less than 49 points in the Technical Proposal section will be eliminated from further consideration.

Technical Proposal: (70 Points)

Proposals will be reviewed and rated by three reviewers according to the points indicated in the Program Description and Work Plan. Scores from all three reviewers will be averaged to compute the final score. Each proposal will be reviewed and rated on the quality and extent to which the applicant meets the following criteria:

  1. Program Description (30 Points): The complete program description and supporting materials will be reviewed to determine the overall consistency of the proposal to the stated purpose and objectives of the RFP. The appropriateness of the qualifications of key personnel and the adequacy of the resources of the sponsoring agency will be reviewed to determine the organization’s ability to implement the activities described in the application.
    • Purpose/mission of the program is fully described and consistent with the purpose and objectives of this RFP. Bidders should demonstrate knowledge of the demographics of the State. Understanding the role of school health services in improving student health, along with the scope of practice of health personnel in a school setting must also be established. (15 points)
    • In addition to the mandatory requirements, program staffing for all professional staff reflects a commitment to employ qualified personnel and the ability to carry out the activities of the Center. Experience in the provision of professional development and technical assistance services to school health personnel, as evidenced by: (10 points)
      1. A thorough understanding of the challenges faced by urban, suburban, and rural school health programs.
      2. A working knowledge of State and federal requirements for school health services.
      3. Experience in the areas of school health services at the district level, crisis management, health promotion, and coordinated school health in general.
    • Resources are readily available, and are sufficient to support the completion of the required activities. (5 points)
  2. Work Plan (40 Points): Work Plan and Evaluation Template in section Submission Documents. Each proposal must provide activities that will result in meeting the goal, objectives, sub-objectives, and expected outcomes described in the narrative section of the RFP. Additionally, each proposal must provide outcome evidence that is data-based and directly aligned to expected outcomes. Each proposal must also describe, in narrative form, a plan to evaluate and report on the extent to which the Center has met the program goal, objective, sub-objective and outcomes. The evaluation plan must reflect sound evaluation methods that are both valid and reliable.

    This section will be evaluated based on the completeness of the applicant’s plan for each of the required activity categories to include: the appropriateness of the activities to achieve the intended results; the alignment of data-based evidence to expected outcomes; and how well the plan for evaluation reflects valid and reliable conclusions that outcomes are met.

    Required Activity Categories:
    • Professional Development (9 points)
    • Technical Assistance (9 points)
    • Web-based Resources (9 points)
    • Collaboration (4 points)
    • Survey Administration (9 points)

Financial Criteria: (30 Points)

Three (3) copies of the cost proposal should be submitted in a separate envelope labeled "Cost Proposal – RFP # 10-012- Do Not Open."

The proposed budgets should outline the use of funds. Each budget will be reviewed to determine the extent to which the budget is adequate to support the program, and that the costs are reasonable in relation to the objectives and activities of the Center.

The financial criteria will be based on the 5-year budget total. When budgeting for future years, bidders should factor any anticipated cost increases, due to negotiated salary increases, etc.

  • The financial portion of the proposal represents thirty (30) points of the overall score and will be awarded points pursuant to a formula. This calculation will be computed by the Contract Administration Unit upon completion of the technical scoring by the technical review panel.
  • The agency reserves the right to request best and final offers.
  • The submitted budget for each proposal will be awarded points pursuant to a formula which awards the highest score of thirty (30) points to the budget that reflects the lowest overall cost. The remaining budgets will be awarded points based on a calculation that computes the relative difference of each proposal against the lowest budget submitted. The resulting percentage is then applied to the maximum point value of thirty (30) points.

Method of Award

The aggregate score of all the criteria listed will be calculated for each proposal.

The contract issued pursuant to this proposal will be awarded to the vendor whose aggregate technical and cost score is the highest among all the proposals rated.

In the event that more than one proposal obtains the same highest aggregate score, the contract will be awarded to the vendor whose budget component reflects the lowest overall cost.

The New York State Education Department reserves the right to reject all proposals received or cancel this RFP if it is in the best interest of the Department.

NYSED’s Reservation of Rights

NYSED reserves the right to: (1) reject any or all proposals received in response to the RFP; (2) withdraw the RFP at any time, at the agency’s sole discretion; (3) make an award under the RFP in whole or in part; (4) disqualify any bidder whose conduct and/or proposal fails to conform to the requirements of the RFP; (5) seek clarifications of proposals; (6) use proposal information obtained through site visits, management interviews and 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 the agency’s request for clarifying information in the course of evaluation and/or selection under the RFP; (7) prior to the bid opening, amend the RFP specifications to correct errors or oversights, or to supply additional information, as it becomes available; (8) prior to the bid opening, direct bidders to submit proposal modifications addressing subsequent RFP amendments; (9) change any of the scheduled dates; (10) eliminate any mandatory, non-material specifications that cannot be complied with by all of the prospective bidders; (11) waive any requirements that are not material; (12) negotiate with the successful bidder within the scope of the RFP in the best interests of the state; (13) conduct contract negotiations with the next responsible bidder, should the agency be unsuccessful in negotiating with the selected bidder; (14) utilize any and all ideas submitted in the proposals received; (15) unless otherwise specified in the solicitation, every offer is firm and not revocable for a period of 120 days from the bid opening; (16) require clarification at any time during the procurement process and/or require correction of arithmetic or other apparent errors for the purpose of assuring a full and complete understanding of an offerer’s proposal and/or to determine an offerer’s compliance with the requirements of the solicitation; (17) to request best and final offers.

Post Selection Procedures

Upon selection, the successful bidder will enter into negotiations for a contract with NYSED. The contents of this RFP, any subsequent correspondence related to final contract negotiations, and such other stipulations as agreed upon may be made a part of the final contract developed by NYSED. Successful bidders may be subject to audit and should ensure that adequate controls are in place to document the allowable activities and expenditure of State funds.

Debriefing Procedures

All unsuccessful bidders may request a debriefing within five (5) business days of receiving notice from NYSED. Bidders may request a debriefing letter on the selection process regarding this RFP by submitting a written request to the Fiscal Contact person at:

NYS Education Department
Contract Administration Unit
89 Washington Avenue
Room 505W EB
Albany, NY 12234

The Fiscal Contact person will make arrangements with program staff to provide a written summary of the proposal’s strengths and weaknesses, as well as recommendations for improvement. Within ten (10) business days, the program staff will issue a written debriefing letter to the bidder.

Contract Award Protest Procedures

Bidders who receive a notice of non-award may protest the NYSED award decision subject to the following:

  1. The protest must be in writing and must contain specific factual and/or legal allegations setting forth the basis on which the protesting party challenges the contract award by NYSED.
  2. The protest must be filed within ten (10) business days of receipt of a debriefing letter. The protest letter must be filed with:

    NYS Education Department
    Contract Administration Unit
    89 Washington Avenue
    Room 505W EB
    Albany, NY 12234

  3. The NYSED Contract Administration Unit (CAU) will convene a review team that will include at least one staff member from each of NYSED’s Office of Counsel, CAU, and the Program Office. The review team will review and consider the merits of the protest and will decide whether the protest is approved or denied. Counsel’s Office will provide the bidder with written notification of the review team’s decision within seven (7) business days of the receipt of the protest. The original protest and decision will be filed with OSC when the contract procurement record is submitted for approval and CAU will advise OSC that a protest was filed.
  4. The NYSED Contract Administration Unit (CAU) may summarily deny a protest that fails to contain specific factual or legal allegations, or where the protest only raises issues of law that have already been decided by the courts.

Vendor Responsibility

State law requires that the award of state contracts be made to responsible vendors. Before an award is made to a not-for-profit entity, a for-profit entity, a private college or university or a public entity not exempted by the Office of the State Comptroller, the Department must make an affirmative responsibility determination. The factors to be considered include: legal authority to do business in New York State; integrity; capacity- both organizational and financial; and previous performance. Before an award of $100,000 or greater can be made to a covered entity, the entity will be required to complete and submit a Vendor Responsibility Questionnaire. School districts, Charter Schools, BOCES, public colleges and universities, public libraries, and the Research Foundation for SUNY and CUNY are some of the exempt entities. For a complete list, see: http://www.osc.state.ny.us/vendrep/documents/vrdocrules.pdf external link icon.

Vendors are invited to file the required Vendor Responsibility Questionnaire online via the New York State VendRep System or may choose to complete and submit a paper questionnaire. To enroll in and use the New York State VendRep System, see the VendRep System instructions at: http://www.osc.state.ny.us/vendrep/vendor_index.htm external link icon or go directly to the VendRep System online at https://portal.osc.state.ny.us/wps/portal external link icon. Vendors should also refer to the VendRep System checklist, which can be found at http://www.osc.state.ny.us/vendrep/documents/checklist.pdf external link icon.

For direct VendRep System user assistance, the OSC Help Desk may be reached at 866-370-4672 or 518-408-4672 or by email at helpdesk@osc.state.ny.us.

Vendors opting to file a paper questionnaire can obtain the appropriate questionnaire from the VendRep website: http://www.osc.state.ny.us/vendrep/forms_vendor.htm external link icon or may contact the State Education Department or the OSC Help Desk for a copy of the paper form.

Note: Bidders must acknowledge their method of filing their questionnaire by checking the appropriate box on the Response Sheet for Bids (Submission Documents).

Procurement Lobbying Law

Pursuant to State Finance Law §§139-j and 139-k, this solicitation includes and imposes certain restrictions on communications between the New York State Education Department (“NYSED”) and an Offerer/bidder during the procurement process. An Offerer/bidder is restricted from making contacts from the earliest notice of the solicitation through final award and approval of the Procurement Contract by NYSED and, if applicable, Office of the State Comptroller (“restricted period”) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j(3)(a). Designated staff, as of the date hereof, is identified below. NYSED employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Offerer/bidder pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a four year period, the Offerer/bidder is debarred from obtaining governmental Procurement Contracts. Further information about these requirements can be found at the following web link: http://www.oms.nysed.gov/fiscal/cau/PLL/procurementpolicy.htm.

Designated Contacts for NYSED
Program Office – Karen Hollowood
Contract Administration Unit – Richard Duprey

Consultant Disclosure Legislation

Effective June 19, 2006, new reporting requirements became effective for State contractors, as the result of an amendment to State Finance Law §§ 8 and 163.  As a result of these changes in law, State contractors will be required to disclose, by employment category, the number of persons employed to provide services under a contract for consulting services, the number of hours worked and the amount paid to the contractor by the State as compensation for work performed by these employees. This will include information on any persons working under any subcontracts with the State contractor.

Chapter 10 of the Laws of 2006 expands the definition of contracts for consulting services to include any contract entered into by a State agency for analysis, evaluation, research, training, data processing, computer programming, engineering, environmental, health, and mental health services, accounting, auditing, paralegal, legal, or similar services.

To enable compliance with the law, State agencies must include in the Procurement Record submitted to OSC for new consultant contracts, the State Consultant Services Contractor’s Planned Employment From Contract Start Date Through the End of the Contract Term (Form A external link icon - see link below). The completed form must include information for all employees providing service under the contract whether employed by the contractor or a subcontractor. Please note that the form captures the necessary planned employment information prospectively from the start date of the contract through the end of the contract term.

Form A: http://www.osc.state.ny.us/agencies/gbull/g226forma.doc external link icon

Chapter 10 of the Laws of 2006 mandates that State agencies must now require State contractors to report annually on the employment information described above, including work performed by subcontractors. The legislation mandates that the annual employment reports are to be submitted by the contractor to the contracting agency, to OSC and to the Department of Civil Service.  State Consultant Services Contractor’s Annual Employment Report (Form B external link icon - see link below) is to be used to report the information for all procurement contracts above $15,000.  Please note that, in contrast to the information to be included on Form A, which is a one-time report of planned employment data for the entire term of a consulting contract on a projected basis, Form B will be submitted each year the contract is in effect and will capture historical information, detailing actual employment data for the most recently concluded State fiscal year (April 1 – March 31).

Form B: http://www.osc.state.ny.us/agencies/gbull/g226formb.doc external link icon

For more information, please visit the OSC web site for G-Bulletin 226 at: http://www.osc.state.ny.us/agencies/gbull/g-226.htm external link icon.

Public Officer’s Law Section 73

All bidders must comply with Public Officer’s Law Section 73 (4)(a), as follows:

4. (a) No statewide elected official, state officer or employee, member of the legislature, legislative employee or political party chairman or firm or association of which such person is a member, or corporation, ten per centum or more of the stock of which is owned or controlled directly or indirectly by such person, shall (i) sell any goods or services having a value in excess of twenty-five dollars to any state agency, or (ii) contract for or provide such goods or services with or to any private entity where the power to contract, appoint or retain on behalf of such private entity is exercised, directly or indirectly, by a state agency or officer thereof, unless such goods or services are provided pursuant to an award or contract let after public notice and competitive bidding. This paragraph shall not apply to the publication of resolutions, advertisements or other legal propositions or notices in newspapers designated pursuant to law for such purpose and for which the rates are fixed pursuant to law.

(i) The term "state officer or employee" shall mean:
(i) heads of state departments and their deputies and assistants other than members of the board of regents of the university of the state of New York who receive no compensation or are compensated on a per diem basis;
(ii) officers and employees of statewide elected officials;
(iii) officers and employees of state departments, boards, bureaus, divisions, commissions, councils or other state agencies other than officers of such boards, commissions or councils who receive no compensation or are compensated on a per diem basis; and
(iv) members or directors of public authorities, other than multistate authorities, public benefit corporations and commissions at least one of whose members is appointed by the governor, who receive compensation other than on a per diem basis, and employees of such authorities, corporations and commissions.

Public Officer’s Law Section 73 can be found at http://www.nyintegrity.org/law/ethc/POL73.html external link icon.

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Assurances

Appendix A – Standard Clause for all New York State Contracts will be included in the contract that results from this RFP.  Vendors who are unable to complete or abide by these assurances should not respond to this request.

The documents listed below are included in Submission Documents, which must be signed by the Chief Administrative Officer.  Please review the terms and conditions.  Certain documents will become part of the resulting contract that will be executed between the successful bidder and the NYS Education Department.

Appendix A – Standard Clause for all New York State Contracts contains the following three (3) certifications

  • Non-Collusion Certification
    (Signature Required - the form is included in Submission Documents)
  • MacBride Certification
    (Signature Required - the form is included in Submission Documents)
  • Certification-Omnibus Procurement Act of 1992
    (Signature Required - the form is included in Submission Documents)

Appendix A-1 – NYSED Contract Clauses

Certification Regarding Lobbying; Debarment and Suspension; and Drug-Free Workplace Requirements (Signature Required - the form is included in Submission Documents)

Offerer Disclosure of Prior Non-Responsibility Determinations (Signature Required - the form is included in Submission Documents)

M/WBE Documents – the forms below are included in Submission Documents)

  1. M/WBE Cover Letter (Signature Required)
  2. M/WBE 100 Utilization Plan
  3. M/WBE 102 Notice of Intent to Participate
  4. EEO 100 Staffing Plan

Appendix A - Standard Clauses for NYS Contracts

Appendix A-1

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Last Updated: August 27, 2010