P-12

Prekindergarten through Grade 12 Education

RFP #10-014

Title: New York State Technical and Education Assistance Center for Homeless Students

The New York State Education Department (NYSED) is seeking proposals to carry out the responsibilities of the New York State Technical and Education Assistance Center for Homeless Students (NYS-TEACHS) and to address issues involving homeless children and unaccompanied youth. NYS-TEACHS will work with NYSED, the Local Education Agencies (LEAs) Homeless Liaisons (linked by District) at http://www.nysteachs.org/liaisons/search.html?list=district external link icon, as well as agencies providing services to homeless children and youth to:

  1. Disseminate information that will reach a wide range of audiences, on the effects of homelessness on children and unaccompanied youth, the duties of the Homeless Liaisons, and the responsibilities of LEAs for identifying, enrolling and helping homeless students succeed;
  2. Provide professional development and technical assistance to the LEAs and Local Department of Social Services (LDSS) staff ;and to
  3. Help ensure that school districts, social service providers, shelters, families, and others are in compliance with federal and State laws related to homeless students, including the McKinney-Vento Homeless Assistance Act (http://center.serve.org/nche/downloads/mv_full_text.pdf external link icon), Education Law 3209 (http://www.p12.nysed.gov/sss/lawsregs/3209.html), and the Commissioner’s Regulations 100.2(x) (http://www.p12.nysed.gov/part100/pages/1002.html#x).

Eligible applicants include any Local Education Agencies(LEAs), Boards of Cooperative Educational Services (BOCES), community–based organization, institution of higher education, public or private not-for-profit and/or for-profit organizations and agencies. Subcontracting will be limited to forty percent (40%) of the annual contract budget. NYSED reserves the right to approve all subcontractors. Subcontracting is defined as non-employee direct, personal services and related incidental expenses, including travel. Bidders are required to comply with NYSED’s Minority and Women-Owned Business Enterprise (M/WBE) participation goals. The goals are 17% Minority Business Enterprise (MBE) and 12% Women-Owned Business Enterprise (WBE). Please see the section of this RFP for information regarding NYSED’s Minority/Women-Owned Business Enterprise Procurement Policy. NYSED will award one contract with a term of five (5) years. The contract will begin on July 1, 2011 and end on June 30, 2016.

Mandatory Requirements

See the Mandatory Requirements section of this RFP.

Components contained in RFP Proposal #10-014 are as follows:

  1. Description of Services to be Performed
  2. Submission
  3. Evaluation Criteria and Method of Award
  4. Assurances
  5. Submission Documents

A Questions and Answers Summary is now posted.

Contact Information for Questions

Program Matters

Fiscal Matters

M/WBE Matters

Melanie P. Faby Gary Yorkshire Joan Ramsey
(518) 473-0295 (518) 408-1715 (518) 486-6883
HomelessTAC@mail.nysed.gov

The following documents must be received at NYSED no later than January 7, 2011 by 3:00 PM:

  1. Technical Proposal—Five (5) 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:

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 #10-014 Do Not Open
  • Cost Proposal labeled Cost Proposal – RFP #10-014 Do Not Open
  • M/WBE Documents labeled M/WBE Documents—RFP #10-014 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 acquired. 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

The New York State Technical and Education Assistance Center for Homeless Students (NYS-TEACHS) will assist NYSED, LEAs, Homeless Liaisons, schools, and other service agencies for the homeless to provide the needed academic and other supportive services that these students and their families need to succeed in both school and life. NYS-TEACHS will meet the goals and activities set forth in the McKinney-Vento Homeless Assistance Act, New York State’s McKinney Education Law §3209, NYSED Commissioner Regulations 100.2, as well as New York’s State Plan for the Education of Homeless Children and Youth.

Currently there are two websites devoted to serving homeless students in New York State:

  1. NYS-TEACHS website (http://www.nysteachs.org external link icon), and
  2. NYSED’s Homeless Education website (http://www.p12.nysed.gov/nclb/programs/homeless/).

Mandatory Requirements

The vendor must agree to adhere to all of the below referenced Mandatory Requirements. If the vendor’s proposal fails to meet any of these mandatory requirements, its proposal will be disqualified and removed from further consideration.

Mandatory Contract Requirements

  1. The NYS-TEACHS will serve all geographic areas of New York State, including New York City.
  2. The applicant must establish either its principal place of business or a staffed satellite office in the greater New York City metropolitan area as this area historically has the highest concentration of homeless children and youth in New York State.
  3. NYS-TEACHS will be staffed with a minimum of one (1) full-time Project Director with a Masters Degree or above. A resume of the proposed project director must be submitted with the proposal.
  4. NYS-TEACHS will be staffed with a minimum of three (3) full-time professional/managerial staff with a Bachelors Degree or above. Resumes for the proposed professional/managerial staff must be submitted with the proposal.
  5. NYS-TEACHS will be staffed with a minimum of one (1) full time administrative support staff.
  6. All written products and materials developed by the contractor under this contract must be approved by NYSED prior to being disseminated or used for any NYS-TEACHS purposes.

Minority and Women-Owned Business Enterprise (M/WBE) Mandatory Requirements

The bidder is required to use New York State certified Minority and Women-Owned Business Enterprise (M/WBE) for an amount greater or equal to seventeen percent (17%) Minority Business Enterprise (MBE) and twelve percent (12%) Women-Owned Business Enterprise (WBE) of the total dollar amount of the contract. Bidders are required to comply with NYSED’s Minority and Women-Owned Business Enterprise goals by completing and submitting M/WBE 100, Utilization Plan, M/WBE 102, Notice of Intent to Participate and EEO 100, Staffing Plan. These forms can be found at www.oms.nysed.gov/fiscal/MWBE/forms.html. All firms utilized must be certified with the NYS Division of Minority and Women Business Development before beginning any work on this contract. For additional information and a listing of currently certified M/WBEs, see www.nylovesmwbe.ny.gov external link icon.

Minority and Women-Owned Business Enterprise (M/WBE) participation includes any and all services, materials and supplies purchased from New York State certified minority and women owned firms. Utilizing Minority and Women-Owned firms will be applied toward the goals.

All payments to Minority and Women-Owned Business Enterprise subcontractor(s) must be reported to NYSED M/WBE Program Unit using M/WBE 103 Quarterly M/WBE Compliance Report. This report must be submitted on a quarterly basis and can be found at www.oms.nysed.gov/fiscal/MWBE/forms.html.

Services to be Performed

The responsibilities of NYS-TEACHS include (A) statewide dissemination of information on the duties and responsibilities of Homeless Liaisons and LEAs and (B) identification of effective strategies for assisting homeless children and unaccompanied youth to enroll in and succeed in school. The vendor will provide a description of all activities to be provided by completing and submitting the Plan of Operation located in Submission Documents.

  1. Statewide dissemination of information on the duties and responsibilities of Homeless Liaisons and LEAs to identify, enroll and help homeless students to succeed and the effects of homelessness on children and adolescent youth, through professional development activities and technical assistance.
    1. Develop and implement professional development and other technical assistance activities to assist LEAs and/or Homeless Liaisons to:
      • Become more knowledgeable about their responsibilities and duties as described in the McKinney-Vento Homeless Assistance Act, New York State’s McKinney Education Law §3209, and NYSED Commissioner Regulations 100.2, including the duties of the Homeless Liaisons.
      • Immediately enroll homeless students, even if the child or unaccompanied youth is unable to produce records normally required for enrollment and even if there is a dispute over school selection or enrollment.
      • Promptly arrange for LEA provided transportation to allow homeless children and unaccompanied youth to exercise their choices of schools, including attending their school of origin.
      • Develop and revise existing dispute resolution procedures, including notifying the parent in writing of the right to appeal a decision regarding school selection or enrollment.
      • Educate and assist homeless parents or unaccompanied youth to utilize the Education Law §310 appeal process if there is a dispute regarding a homeless child or unaccompanied youth’s access to a free, appropriate public education.
    2. Expand the capacity and develop strategies of NYSED & NYS-TEACHS to assist LEAs and/or Homeless Liaisons by:
      • Ensuring that homeless students receive educational services for which such families, children and unaccompanied youth are eligible.
      • Arranging for LEA provided before and after-school mentoring, tutoring and summer programs at the LEAs and/or at the shelters where homeless students are living.
      • Through contact with local departments of social services and through conversation with homeless families, identify and enroll preschool age homeless children into preschool programs, including Head Start, Even Start and pre-kindergarten programs.
      • Through contact with local youth shelters and the Office of Children and Family Services, identify, enroll, and offer counseling and other appropriate services for unaccompanied youth.
      • Informing parents or guardians of homeless children at the time of enrollment of the educational and related opportunities available to their children and opportunities to participate in the education of the children.
      • Assuring that public notices of the educational rights of homeless children and unaccompanied youth are disseminated where such children and unaccompanied youth receive services, such as schools, family shelters, runaway shelters, soup kitchens, medical clinics, and social service agencies.
      • Through professional development, meetings, telephone contact and written correspondence, inform school personnel, service providers and advocates working with homeless families and unaccompanied youth of the duties of the LEA’s Homeless Liaisons. All information regarding these meetings and professional development is articulated below.
      • Identifying policies regarding homeless students that act as a barrier to their enrollment and success and change these policies.
    3. Coordinate by telephone, e-mail and/or meetings with providers of services to homeless and runaway children and unaccompanied youth and homeless families (including domestic violence agencies, shelter operators, transitional housing facilities, runaway and youth centers, and transitional living programs for homeless youth) to enable homeless liaisons to identify homeless students, enroll them immediately, arrange for LEA provided transportation and refer for academic services, to include interdistrict issues, such as transportation or transfer of school records. The vendor will be required to travel to Albany quarterly to meet with NYSED staff in order to discuss the above referenced issues. These meetings are typically four hours long. In addition to these quarterly meetings, the vendor will be required to travel to Albany four additional times per year for the NYS Runaway and Homeless Youth Committee meetings. These meetings are typically one full day in duration. The vendor will also be required to travel to Nassau County six times per year in order to meet with Nassau County service providers. These meetings are typically one full day in duration.
    4. Maintain and update NYS-TEACHS website http://www.nysteachs.org and liaison database to reflect the current laws and regulations, and provide current basic documents relevant to McKinney -Vento Homeless Education; develop interactive capabilities for disseminating this information to school districts and their homeless liaisons. This website will be updated as required. The liaison database currently includes contact information for 695 school districts, 34 New York City community school districts, 37 BOCES and approximately 150 New York State charter schools.
    5. Maintain and provide technical assistance through the toll-free Homeless Education telephone hotline Monday through Friday, at least 8 hours per day, between the hours of 9:00 AM and 5:00 PM, excluding legal and State holidays. Establish a system to analyze these calls, follow-up and track the barriers affecting these identified homeless issues to be named Barrier Tracking Forms (BTFs). See Attachment A for sample Barrier Tracking Form.
    6. Update, revise, print and disseminate posters, brochures and other publications to schools, social service providers and program participants statewide illustrating the educational rights and responsibilities of students experiencing homelessness and duties and responsibilities of the LEA Liaisons. The vendor will be required to create, produce and disseminate approximately 150,000 posters, brochures, and other publications per year. The materials are disseminated either by fax, USPS, E-Mail or at workshops and meetings.
    7. Assess professional development and/or technical assistance needs and develop a plan in collaboration with NYSED to conduct 10 one day workshops referred to as Annual Statewide Professional Development programs/Workshops for all Homeless Liaisons, LEA administrators, guidance counselors, registrars and staff from local agencies serving the homeless. These Annual Statewide Workshops should be held in and around New York City, Albany, Rochester and other regional areas to be determined in the fall or spring of each contract year for approximately 100 to 200 participants at each site. Featured presenters should be experts on homelessness providing in-depth review of the rights of children and youth who are homeless. The vendor will be responsible for costs associated with this program, including conference space, presenters, and equipment. These programs should include the following:
      • the duties and responsibilities of Homeless Liaisons and LEAs;
      • information on developing trends involving homeless children and unaccompanied youth;
      • and identification of promising practices.
    8. Provide, coordinate and facilitate on-line webinars as well as regional on-site professional development trainings/networking sessions for the NYS Homeless Liaisons and homeless support agencies (including Department of Social Service and Office of Children and Family Service) for professional development and technical assistance. This may include assessing both the academic and social needs of homeless children and unaccompanied youth. The purpose of these trainings is to meet the regional needs of the educational rights of students experiencing homelessness. These regional area trainings should be scheduled to accommodate approximately 20 to 50 participants. The vendor will be required to host approximately 22 of these regional trainings per year. The trainings are typically held outside New York City in locations such as Buffalo, Rochester, Yonkers, and other cities throughout upstate New York and are one full day in duration.
  2. Identify effective strategies for assisting homeless children and unaccompanied youth to enroll in and succeed in school; identify areas of homeless education needing further investigation and monitoring; supporting Homeless Liaisons in working with homeless students and their families; establishing effective performance indicators; coordinating and collaborating with homeless service agencies; and identifying LEA policies that act as a barrier for homeless students.
    1. Analyze data in order to address possible under identification of school districts or any possible errors in their reporting of data. Assist with the collection of and report on the required data collection including, but not limited to; (1) Basic Education Data System (BEDS) the district/school student enrollment and staff counts (2) Student Information Repository System (SIRS) the student demographic, programs, and assessment data (3) EDFacts the state-reported data on students, staff, services, and outcomes at the state, district, and school levels for grades K-12, and (4) Consolidated State Performance Report (CSPR) program data that ED can use to demonstrate the effectiveness of Homeless programs in relation to the progress students are making regarding academic outcomes. Work collaboratively with NYSED to create and disseminate homeless data verification reports to all school districts.
    2. Collaborate through the Statewide Homeless Advisory Committee (HAC), meetings and correspondence with statewide agencies that deliver services to homeless children and unaccompanied youth on enhancing the goals of the NYS-TEACHS and assist NYSED in planning the agenda, taking minutes and following up on important issues of these quarterly meetings. These meetings will be conducted at the NYC offices of NYSED and are typically two hours in duration.
    3. Advise and assist NYSED with monitoring activities, which include identifying LEA policies that act as a barrier for homeless students and protocols that include recommendations of monitoring site visits and premonitoring homeless summary reports to guide NYSED homeless monitoring visits. The summary reports will include the number of students identified as homeless, trainings attended by school district staff, the number of printed materials sent to school districts, barrier tracking forms submitted in order to identify any ongoing district homeless issues of noncompliance as well as other information to assist NYSED in its monitoring efforts.

Geographic Responsibility

New York State is a diverse State with the largest concentration of homeless children and their families located downstate in New York City, Long Island and Westchester. The other large cities also have homeless students, and there are pockets of homeless students throughout New York State. To view the distribution of the 2008-2009 school year homeless data available for New York school districts, charter schools and New York City schools go to: http://www.nysteachs.org/info-topic/statistics.html external link icon. It is expected that the applicant will serve all geographic regions of New York State, including New York City. The applicant must establish either its principal place of business or a staffed satellite office in the greater New York City metropolitan area as this area historically has the highest concentration of homeless children and youth in New York State.

Staffing Requirements

The hiring, supervision and evaluation of NYS-TEACHS staff will be the responsibility of the contractor. Staff should have the knowledge, skills and experience to support and carry out the work of NYS-TEACHS. The applicant must either have sufficient staff at the time the contract is awarded to carry out required activities within the very tight time frames of the contract or submit a plan for hiring sufficient staff. NYS-TEACHS mandatory and desired staffing requirements are as follows:

  • Mandatory Staffing Requirements:

    1. NYS-TEACHS will be staffed with a minimum of one (1) full-time Project Director with a Masters Degree or above. A resume of the proposed project director must be submitted with the proposal.
    2. NYS-TEACHS will be staffed with a minimum of three (3) full-time professional/managerial staff with a Bachelors Degree or above. Resumes for the proposed professional/managerial staff must be submitted with the proposal.
    3. NYS-TEACHS will be staffed with a minimum of one (1) full time administrative support staff.
  • Desired Staffing Requirements

    • The applicant should have expertise with current research on the academic and social needs of homeless children and unaccompanied youth and be able to assist in fulfilling the goals and activities of NYS-TEACHS.
    • A Project Director with advanced credentials in education and/or related field, and knowledge/experience with current research on the education of homeless children and unaccompanied youth. The Project Director should also have experience and knowledge of how best to identify, enroll and help homeless children and unaccompanied youth to succeed in school, and have experience coordinating and collaborating with local social services, domestic shelters, runaway and homeless youth shelters and other agencies that serve homeless children and unaccompanied youth.
    • Project staff with knowledge and experience working with LEAs, local social service agencies and other homeless support agencies and advocates. Staff should have education and/or related field credentials with a comprehensive knowledge of the needs of homeless children and unaccompanied youth and the ability to accomplish the goals and activities of NYS-TEACHS.
    • Project staff should have expertise in professional development training and technical assistance.
    • Project staff should have expertise in the use of technology for training.
    • Project staff should have working knowledge of:
      1. The McKinney-Vento Act, the primary piece of federal legislation dealing with the education of children and youth experiencing homelessness in U.S. public schools. Full text of the Act: http://www.seirtec.org/nche/downloads/mv_full_text.pdf external link icon;
      2. New York State Education Law 3209 that addresses the educational rights of students experiencing homelessness and the obligations of school districts to provide services to these students: http://www.p12.nysed.gov/sss/lawsregs/3209.html; and
      3. Commissioners Regulations: http://www.counsel.nysed.gov/rulesandregs/terms7-08.htm

Reporting and Payment

The vendor for the NYS-TEACHS will be required to submit quarterly program activity reports, describing its activities during the preceding quarter implementing the goals of the contract and reporting on progress toward key performance indicators. The vendor will be responsible for timely and accurate submission of all required quarterly reports. The reports will be due on the first day of November, February, May, and August of each contract year. The first quarterly report will be due on November 1, 2011. Payments will be approved after all reporting requirements are met. Payments will be processed and paid quarterly upon receipt and NYSED approval of an expenditure report and the NYS Standard Voucher.

Plan of Operation

The plan of operation is a description of how the applicant intends to implement the tasks outlined in the RFP. That includes program activities, schedule of implementation, and performance indicators used to measure success. The plan of operation must be specific enough to establish evaluation criteria and benchmarks for each activity, responsibility, or service. A template for the plan of operation is provided in Submission Documents.

Allowable Costs

Expenditure of funds is allowed for the following:

  • Professional and non-professional salaries
  • Employee benefits
  • Purchased services (Consultants)
  • Supplies, materials, and printing
  • Travel expenses for employees and consultants are reimbursable at the current State rates and may be found at: http://www.gsa.gov/portal/category/100120 external link icon
  • Purchased services with BOCES
  • Indirect cost (sum of all the above direct costs, excluding Purchased Services/Consultants, x the applicant agency’s indirect cost rate)
  • Budget should also include the following:
    • Professional Development: include costs for use of facilities, morning and afternoon snacks (NO LUNCH IS ALLOWED), travel expenses for speakers/presenters/NYS-TEACHS staff, and other additional expenses (postage, copying CD’s, materials, equipment, etc).

Contract Period

NYSED will award one contract with a term of five (5) years. The contract will begin on July 1, 2011 and end on June 30, 2016.

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, if funding is available and/or services are needed. 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.

Subcontracting Limit

Subcontracting will be limited to forty percent (40%) of the annual contract budget. Subcontracting is defined as non-employee direct personal services and related incidental expenses, including travel.

The vendor is required to use New York State-certified Minority and Women-Owned Business Enterprise (M/WBE) for an amount greater or equal to 17% MBE and 12% WBE of the total dollar amount of the contract. Bidders are required to comply with NYSED’s Minority and Women-Owned Business Enterprise goals by completing and submitting the forms described in the Mandatory M/WBE Requirements of this RFP. These subcontractors must be certified with the NYS Division of Minority and Women-owned Business Development before beginning any work on this contract. The submitted budget must clearly define how and when this requirement will be achieved over the life of the contract and what vendors will be providing these services. See www.nylovesmwbe.ny.gov for additional information and a listing of currently registered M/WBEs.

If the vendor proposes to change subcontractors during the contract period, NYSED must be notified prior to the change. NYSED reserves the right to reject any replacement subcontractors proposed by the vendor and reserves the right to approve all changes in subcontractors.

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). Notice – Contractors are provided with notice herein, NYSED may require a contractor to submit proof of an equal opportunity program after the proposal opening and prior to the award of any contract. In accordance with regulations set forth under Article 15-A §312.5, contractors and/or subcontractors will be required to submit compliance reports relating to the contractor’s and/or subcontractor’s program in effect as of the date the contract is executed.
  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. Should the contractor identify a firm that is not currently certified as an M/WBE, it should request that the firm submit a certification application to the NYSED M/WBE Program Unit by the deadline for submission of proposals for eligibility determination.  NYSED will work with ESD to expedite the application, however, it is the responsibility of the contractor to ensure that a sufficient number of certified M/WBE firms have been identified in response to this procurement, in order to facilitate full M/WBE participation.
  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.

Consultant Staff Changes

The Contractor will maintain continuity of the Consultant Team staff throughout the course of the contract. All changes in staff will be subject to NYSED approval. The replacement Consultant(s) with comparable skills will be provided at the same or lower 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 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 project.

Program Submission:

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

  1. Technical Proposal—Five (5) 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 January 7, 2011 by 3:00 PM at NYSED in Albany, New York.

Technical Proposal (70 Points)

Your technical proposal must include the following:

  • Response Sheet for Bids
  • All Forms and Assurances located in Submission Documents including original signatures where necessary
  • Mandatory Requirements Certification Form Signature Required
  • TAC Certification Form Signature Required
  • Plan of Operation (located in Submission Documents)
  • Project Narrative
Project Narrative (40 Points)

The Project Narrative submitted in response to this RFP must include the following:

  • A general project abstract for meeting the goals and complying with the requirements of this RFP.
  • Description of the applicant’s ability to carry out the goals and requirements of the RFP and experience in meeting the educational and social services needs of homeless children and unaccompanied youth.
  • Describe the proposed NYS-TEACHS staffing. Include resumes of NYS-TEACHS Director as well as all other professional/managerial staff. Substitution of these identified staff must be approved by NYSED.
  • If the applicant’s principal office is not within the greater New York City metropolitan area or the Long Island area, describe applicant’s plan for having a staffed satellite office in that area.
Plan of Operation (30 Points)

The Plan of Operation must describe how the organization intends to implement activities and other items outlined in the RFP, including Professional Development, Technical Assistance, Monitoring Assistance, Forms/Procedures/Updates/Regulatory Changes, Research/Development/Data Assistance, and Collaboration and Coordination. The Plan of Operation forms, located in Submission Documents, must be used for this purpose. The Plan of Operation must be specific enough to establish evaluation criteria and benchmarks for each activity, responsibility, or service. Use additional sheets as necessary. The Plan of Operation should provide a detailed outline of the proposed activities described in the RFP.

Include topics, size of audiences, and proposed dates and locations for the regional on-site professional development/trainings. Describe applicant’s proposed strategy to work with NYSED staff, LEAs, local social service agencies, shelters and other homeless service agencies.

Describe professional development, technical assistance and monitoring efforts as they relate to activities to support LEAs and homeless service agencies in identifying, enrolling and helping homeless students to succeed in school.

Cost Proposal (30 Points)

The original plus two (2) copies of the completed Cost Proposal must be mailed in a separate envelope labeled RFP #10-014-Cost Proposal-Do Not Open and must include the following:

  1. Technical Assistance Center (TAC) First Year Detailed Budget (7/1/11-6/30/12)
  2. TAC Budget Summaries for years 2011/12-2015/16 and Five Year Summary (Signature Required)
  3. Subcontracting Form

The detailed budget must list positions by title, hourly rate or salary, estimated hours, and cost. All budget items must be allowable, specific in detail and justified.

The Financial Criteria portion of the RFP will be scored based upon the grand total of the five year budget summary.

M/WBE Documents

Three copies (one bearing an original signature in blue ink) of the completed M/WBE Documents must be mailed in a separate envelope labeled RFP #10-014-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 project 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 has been provided, all forms and assurances have been completed, and the original signatures in blue are included as required.

An evaluation committee of NYSED staff will complete a review of all proposals submitted. The committee will review each proposal to determine compliance with the requirements described in the RFP. The committee retains the right to determine whether any deviation from the requirements of this RFP is substantial in nature and may reject in whole or in part any and all proposals, waive minor irregularities and conduct discussions with all responsible bidders.

Proposals receiving at least sixty percent (60%) of the points available for the Technical Proposal (a total of 42 out of 70 points) will move on to the next step of the process. Proposals with a score of less than 42 points in the Technical Proposal section will be eliminated from further consideration.

Technical Criteria (70 Points)

Each proposal received by the deadline will be reviewed and rated on the quality and extent to which the applicant meets the following criteria:

Project Narrative (40 points)
  • A general project abstract for meeting the goals and complying with the requirements of this RFP is provided. (15 points)
  • Describes the applicant’s ability to carry out the goals and requirements of the RFP and experience in meeting the educational and social services needs of homeless children and unaccompanied youth. (15 points)
  • Describes the proposed NYS-TEACHS staffing. Include resumes of NYS-TEACHS Director and other professional/managerial staff. Substitution of these identified staff must be approved by NYSED. (10 points)
Plan of Operation (30 Points)

Each Plan of Operation must provide activities that will result in the expected outcomes described in the RFP. These sections will be evaluated based on the comprehensiveness of the applicant’s plan to achieve NYSED anticipated results for each of the following:

  1. Professional Development / Technical Assistance (20 Points);
  2. Monitoring / Data Assistance (5 Points);
  3. Collaboration and Coordination (5 Points).

Financial Criteria: (30 Points)

The Financial Criteria portion of this RFP will be scored based upon the grand total for the five year budget summary.

  • 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 received.

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 highest aggregate score, the contract will be awarded to the vendor in that group of highest aggregate scores 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 may require clarification from bidders for purposes of assuring a full understanding of responsiveness to solicitation requirements.

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 bidder’s proposal and/or to determine an bidder’s compliance with the requirements of the solicitation; (17) to request best and final offers.

Post Selection Procedures

Upon selection, the successful bidder will receive a proposed contract from NYSED. All terms set forth in the selected bidder's technical proposal will be final. The selected bidder may be given an opportunity to reduce its cost proposal in accordance with the agency's right to request best and final offers. The contents of this RFP, any subsequent correspondence during the proposal evaluation period, and such other stipulations as agreed upon may be made a part of the final contract prepared 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 – Melanie P. Faby
Contract Administration Unit – Gary Yorkshire

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.

  1. The term "state officer or employee" shall mean:
    1. 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;
    2. officers and employees of statewide elected officials;
    3. 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
    4. 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 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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Submission Documents

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Last Updated: January 20, 2011