P-12

Prekindergarten through Grade 12 Education

RFP #10-016

Title: District Data Coordinator Technical Assistance Center

Updated March 3, 2011

The New York State Education Department (NYSED) is seeking proposals for the creation and operation of a District Data Coordinator Technical Assistance Center.

The eligible applicants are a not-for-profit entity, a for-profit entity, a private college or university, a Board of Cooperative Educational Services, or a municipality.

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. Bidders are required to comply with NYSED’s Minority and Women-Owned Business Enterprises (M/WBE) participation goals. The goals are 17% Minority Business Enterprise (MBE) and 12% Women-Owned Business Enterprise (WBE). Please see the section on M/WBE Mandatory Requirements for information regarding NYSED’s Minority/Women-Owned Business Enterprise Procurement Policy.

The contract resulting from this RFP will be for a period beginning July 1, 2011 under terms of this procurement, and ending June 30, 2014.

Mandatory Requirements

See the Mandatory Requirements section of this RFP.

Components contained in RFP Proposal #10-016 are as follows:

  1. Description of Services to be Performed
  2. Submission
  3. Evaluation Criteria and Method of Award
  4. Assurances
  5. Submission Documents Updated March 3, 2011

Questions and Answers are now posted.

Contact Information for Questions

Program Matters

Fiscal Matters

M/WBE Matters

Charlene Swanson Richard Duprey Joan Ramsey
CIOTAC@MAIL.NYSED.GOV CIOTAC@MAIL.NYSED.GOV CIOTAC@MAIL.NYSED.GOV
(518) 486-1588

The following documents must be submitted in separately sealed envelopes, as detailed in the Submission section of the RFP, and be received at NYSED no later than March 17, 2011 by 3:00 PM:

  • Technical Proposal labeled Technical Proposal - RFP #10-016 Do Not Open
  • Cost Proposal and electronic version labeled Cost Proposal - RFP #10-016 Do Not Open
  • M/WBE Documents labeled M/WBE Documents - RFP #10-016 Do Not Open

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.

Issue Date: January 28, 2011

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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.

1.1 Purpose:

The New York State Education Department (NYSED) is issuing this Request For Proposal (RFP) soliciting vendors qualified to provide a full range of services related to the creation and operation of a District Data Coordinator Technical Assistance Center (hereinafter referred to as the “Center”).

In creating its Longitudinal Data System (LDS), New York State has established a process by which Local Educational Agencies (LEAs) in the State are responsible for maintaining certain State-specified data elements. (A complete list of all such data elements can be found at: http://www.p12.nysed.gov/irs/sirs/.) These same LEAs are responsible for transmitting these data elements in specified file formats to the State Student Information Repository System (SIRS).

This requirement has caused LEAs to establish staff positions responsible for the maintenance and transmission of these required data elements and data files. These positions are often filled with young administrators and even clerical support staff that have no knowledge or experience in the management of data. The lack of a consistent skill set and training among LEA staff has negatively affected the quality of data residing in school districts. The purpose of this RFP is to establish training and standards for LEA personnel in this field.

These positions are generically referred to in this proposal as “District Data Coordinators” even though most LEAs in the state do not have an actual position entitled District Data Coordinator. For the purpose of this RFP, the term District Data Coordinator will be taken to mean any person employed by an LEA in New York State who has the responsibility for maintaining and transmitting the State’s required data elements.

Currently, there are approximately 842 entities submitting data to SIRS. This includes 696 school districts, 140 charter schools, 2 state operated schools and 4 state agencies. The combined data represents information on approximately 3.3 million public school students. In addition, there are currently approximately 860 nonpublic schools submitting data to SIRS. These LEAs are the primary consumers of the Center’s products. However, it is anticipated that the Center’s products, both physical and electronic, will be distributed through the regional networks already in place across the state. These networks include the Regional Information Centers, local BOCES, and other entities that may be in a position to effectively support the Center’s products.

District Data Coordinators are responsible for implementing accurate reporting of individual student and other data by completing the following activities:

Typical Duties of District Data Coordinators:

  1. Assembling and leading a team of district personnel who have:
    1. Technical expertise in the district’s management system(s) and infrastructure
    2. Working knowledge of current reporting requirements
    3. Knowledge of the district’s registration materials and processes
    4. Data analysis experience
    5. An instructional background
  2. Defining and documenting data collection standards
    1. Department configurations and staff responsibilities
    2. Alignment with state codes for state and federal reporting requirements
    3. Consistency across departments and functions
  3. Reviewing electronic management systems for alignment to standards
    1. Flexibility of the system in terms of adding fields or screens
    2. Capabilities for staff to update/change validation tables
    3. Documenting all processes and procedures for current and future staff
  4. Communicating data governance standards across departments
  5. Developing a data verification protocol to ensure that data are accurate when they are transferred to the SIRS.

Typical Activities for District Data Coordinators:

  1. Coordinate and facilitate district data team meetings
  2. Obtain authorization for school and district personnel to view student records in, and obtain reports from, the SIRS. In order to ensure the confidentiality of student records as required by the Family Education Rights and Privacy Act (FERPA), only individuals with a legitimate educational interest should be able to access data in the SIRS.
  3. Provide status reports regarding the district’s compliance to the District Superintendent and respond to requests for data for analysis purposes.
  4. Identify training needs for support staff.
  5. Monitor compliance with regard to data standards and maintenance of records.
  6. Submit requests for data extracts that conform to the Data Warehouse file formats
  7. Act as the liaison between the district and the regional Level 1 data center (See schematic below).
  8. Obtain the certification of the data by the school district superintendent prior to data transmission by the Level 1 data center
  9. Direct or assist in the direction of the data analysis activities and instructional improvement initiatives
  10. Attend informational sessions provided for District Data Coordinators by Level 1 data centers

Responsibilities of the Center

Under the general direction of the NYSED, the Center will be responsible for all of the following:

  1. Setting Standards: The Center will be responsible for the creation of standards for school based staff serving in the District Data Coordinator and other data team member categories (e.g., data entry, data management, data governance), along with activities to support the implementation and ongoing maintenance of those standards. These standards should include the skill set needed to effectively perform the duties expected of a District Data Coordinator and other data team member roles.
  2. Development of Training Activities: The Center will be charged with developing, disseminating, and maintaining a series of training activities for LEA data team staff responsible for the collection of data and its transmission to the NYSED. The District Data Coordinator Technical Assistance Center must have a complete working knowledge of the Level 0 tool, and be able to provide training in the use of that tool. (See Overview of Longitudinal Data System and Standards of the LDS) The Center will ensure that the current state of accepted best practices will be included in training experiences. Electronic training experiences such as WEBEX training sessions, online document distribution, and other web-based experiences will be supplemented with targeted face-to-face consultation to ensure the overall integrity and alignment of the training goals of this RFP. Professional developers from the Center may occasionally be required to attend meetings of the Level 1 Centers (located in the Regional Information Centers). These meetings are held in Albany, NY but are also accessible via videoconference. Staff of the Center will be required to attend no more than 3 of these meetings per fiscal year. The Center will be open for business during normal business hours and will be staffed to handle incoming calls and electronic requests for information/guidance from District Data Coordinators.
  3. Supporting Materials: The Center will create supporting materials as well as supporting websites and other structures as needed to provide more uniform support for District Data Coordinators and other data team member categories (e.g., data entry, data management, data governance)
  4. Documentation: The Center will be responsible for maintaining user-friendly and plain English documentation of all business rules related to the operation of the NYSED’s LDS, and communicating those rules to District Data Coordinators and other data team member categories.
  5. Calendar: The Center will be responsible for maintaining a calendar of critical dates in the SIRS process and actively communicating with District Data Coordinators regarding these dates.
  6. Defining Roles and Responsibilities: The Center will be responsible for assisting District Data Coordinators with the establishment of all roles and responsibilities outlined above, including the establishment of data reporting and verification processes, as well as the ongoing management of LEA data governance.
  7. Activity Coordination: The Center will be expected to coordinate its activities, including distance-learning training activities, with the Level 1 data center (Located in the Regional Information Centers - See Overview of Longitudinal Data System below).
  8. Performance Measurements: The Center will create methods to measure the success of its program, including performance measurements that relate to the submission of data by LEAs to the LDS. The Center will submit a quarterly report to NYSED.
  9. Dissemination of Information on Changing Requirements: The requirements of the State relative to data creation and collection change frequently. Respondents should describe in detail how they will
    1. disseminate information needed by District Data Coordinators related to new State requirements
    2. create systems that assure a full and equitable distribution of these resources, and
    3. obtain feedback assuring the State that the information has been received and implemented by District Data Coordinators across the State.

Mandatory Requirements

The eligible bidder must agree to the Mandatory Requirements found below and must submit the Mandatory Requirements Certification Form located in Submission Documents, signed by an authorized person.

The Center must be staffed by a Project Manager (1 FTE, no more than one person). The project manager will be responsible for overall management of the Center. This person reports directly to the Program Office at the State Education Department. A resume of the proposed Project Manager must be submitted with the proposal.

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 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.

Staffing of the Center: It is expected that the Center would minimally include the following personnel:

  1. A Project Manager: Will be responsible for overall management of the Center. This person reports directly to the Program Office at NYSED. (1 FTE filled by one person). A resume of the proposed Project Manager must be submitted with the proposal.
  2. Programmer: this position will be needed to create electronic media and distribution modalities. (minimum 1 FTE, no more than two persons)
  3. Professional Developers: the core activity of the Center will be the ongoing training of the District Data Coordinators. Professional Developers are essential to this task. (minimum 2 FTE)

The New York State Education Department reserves the right to approve any staff member hired by the contractor for work at the Center.

Overview of the Longitudinal Data System:

The New York State Education Department established a Longitudinal Data System (LDS) to accommodate grade 3 through 8 student data beginning in the 2005-06 school year. In 2006-07 the system was expanded to data for grades 9-12. It was expanded once more in 2007-08 to collect and report on data related to Special Education students. This final expansion made the system a full pre-school through grade 12 statewide data warehouse. Beginning in the 2009-10 school year, the LDS has started to collect higher education data, as well as data that link student performance to the teachers responsible for student instruction.

The data warehouse as currently constructed maintains data related to student demographics, assigned teachers, student enrollments and course information, program services, and assessments as well as comprehensive information concerning students with disabilities. In accord with provisions of the America Competes Act, NYSED intends to expand the warehouse to include the following new functionality:

  • Assignment of a standard state-issued course code catalogue
  • Information necessary to populate a transportable student transcript
  • Information necessary to support instructional reporting
  • Other data as may be required to comply with the America Competes Act, Race to the Top, EDFacts, or other State or federal initiatives.

The following diagram provides a high level view of the current LDS architecture.

Diagram of current LDS architecture

Definitions

  • SIRS: Student Information Repository System – system used at NYSED to aggregate and report student data for accountability purposes
  • SMS: Student Management System – software application used for managing student data for a district
  • Operational Data System: Data system hosted at the Level 1s and NYSED that stores aggregated educational data from all districts within the region or state
  • Level 0: Web-based student data collection tool, used to upload data from districts
  • Level 1: Data reporting at local level that could be customized for individual district requirements

This diagram represents the physical movement of data from Local Education Agencies (LEAs) to the LDS. (Note: In the above diagram the term Operational Data System is used; this term is interchangeable with the term Longitudinal Data System).

The box entitled “Level 1” contains a schematic representing the “Level 1 Data Center”. These partners of the NYSED operate local data warehouses that act as the first staging area for data moving from LEAs to the SIRS repository. These partners include the State’s Regional Information Centers located in select Boards of Cooperative Education Services (BOCES) facilities across the State, the New York City Board of Education, and eScholar (a private provider). The successful respondent to this RFP will be expected to coordinate its activities within the context of the services offered by these Level 1 data centers.

Currently, there are approximately 842 entities submitting data to SIRS. This includes 696 school districts, 140 charter schools, 2 state operated schools and 4 state agencies. The combined data represents information on approximately 3.3 million public school students. In addition, there are currently approximately 860 nonpublic schools submitting data to SIRS. These LEAs are the primary consumers of the Centers products. However, it is anticipated that the Center’s products, both physical and electronic, will be distributed through the network of Regional Information Centers in the State.

Standards of the LDS

In implementing its LDS, New York State has established a number of standards.

It has adopted the eScholar Data Model as its standard for the logical structure of its Data Warehouse and for the various regional and local databases that roll up to the statewide LDS. For general information regarding eScholar, see http://www.escholar.com/ external link icon. Details of that data model as adopted by New York State, however, are proprietary information. District Data Coordinators are responsible for transmitting data to the repository in formats that are prescribed in the Student Information Repository System (SIRS) Manual, which can be found at http://www.p12.nysed.gov/irs/sirs/.

District Data Coordinators in reporting entities are required to submit data in accord with the standards for extracts included in the SIRS manual. While this is usually a task completed by the LEAs’ systems vendor, it is important, nonetheless, that the Center have a working knowledge of these extracts.

Level 0 is a web-based tool utilized by most LEAs in the State to upload student data extracts to the data flow process described above. Level 0 incorporates the business rules and data edits that ensure data quality as data are collected, reported, and verified. A complete description of all business rules can be found in the SIRS manual. The complete set of Level 0 edit checks is documented at: http://www.p12.nysed.gov/irs/vendors/validation-rules.html.

The Center must have a complete working knowledge of the Level 0 tool, and be able to provide training in the use of that tool. Additionally, the Center will maintain user-friendly, plain English descriptions of all business rules for use by District Data Coordinators and other LEA data team members.

Preferred Expertise of the Contractor

Respondents to this RFP should have a comprehensive working knowledge of school district operations including a familiarity with the various systems used by school districts to manage data. Most districts use, at a minimum, a student management system, special education management system, school lunch management system, and human resource system.

The respondent should review all materials mentioned in this RFP in order to gain as much familiarity as possible with the NYS LDS.

The respondent should have expertise and experience in the creation and dissemination of training materials. Focus should be on the delivery of these training tools in an electronic, not face-to-face environment.

The respondent should have expertise in supplementing electronic training experiences with targeted face-to-face consultation to ensure the overall integrity and alignment of the training goals of this RFP. In this regard, some travel will be necessary. It is anticipated that the Project Director will be required to travel to Albany, NY approximately 4 times per year. Additionally, professional developers from the Center may occasionally be required to attend meetings of the Level 1 Centers. These meetings are held in Albany, NY but are also accessible via video conference. Staff of the Center will be required to attend no more than 3 of these meetings per fiscal year. Travel must be pre-approved by NYSED. Travel, lodging and subsistence costs will be reimbursed according to New York State rates published by the General Services Administration (www.gsa.gov external link icon).

The respondent should have a track record of positive interactions with a diverse user group. The District Data Coordinators in the State come from rural, urban, suburban and exurban areas. Additionally, this diversity includes an uneven distribution of resources. Focus should be on leveling the resources available to District Data Coordinators by identifying districts that have limited resources to support the SIRS process, and therefore, are in greater need of training and support.

Contract Period-Implementation

This contract will be in effect from the implementation date of a contract, estimated to be July 1, 2011, through June 30, 2014. NYSED reserves the right to review the work of the successful contractor at the end of each of year and evaluate the performance based upon: the number of training sessions conducted, the quality of the training content as determined solely by staff of SED, the feedback of session participants (participant feedback evaluations should be included in each training session).

The Center will begin planning for operation upon approval of the award of the contract. The Center’s services should become fully operational within six months of the contract award.

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.

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.

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. The Subcontracting Form located in the Submission Documents must be updated annually and submitted to NYSED. Using this form, the vendor must also report to NYSED, on an annual basis, actual expenditures incurred for all subcontractors and indicate which subcontracting costs are associated with M/WBE.

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 prior NYSED approval. The replacement Consultant(s) with comparable skills will 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.

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. A Utilization Plan, as defined under Article 15-A, shall mean a plan prepared by a contractor and submitted in connection with a proposed state contract. In developing the Utilization Plan bidders should consider the goals and established time frames needed to achieve results which could reasonably be expected by putting forth every good faith effort to achieve the overall prescribed M/WBE participation percentage (%) goals as set forth under the 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.

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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.

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 March 17, 2011 by 3:00 PM at NYSED in Albany, New York.

Proposals should be prepared simply and economically, avoiding the use of elaborate promotional materials beyond those sufficient to provide complete presentation. If supplemental materials are a necessary part of the proposal, the bidder should reference these materials in the technical proposal, identifying the document(s) and citing the appropriate section and page(s) to be reviewed.

The proposal must communicate an understanding of the deliverables of the RFP, describe how the tasks are to be performed and identify potential problems in the conduct of the deliverables and methods to identify and solve such problems.

Bidders should specify all details and dates required to evaluate the technical proposal and should limit aspects of the project plan which are to be determined only after the award of a contract. No optional deliverables to be provided only at an additional cost should be included and will not be considered in the evaluation of the technical proposal. Contractual terms, conditions and assumptions are inappropriate for inclusion in the proposal.

Any proprietary material considered confidential by the bidder must specifically be so identified, and the basis for such confidentiality must be specifically set forth in the proposal.

Technical Proposal (70 Points)

The original plus four copies of the completed Technical Proposal must be mailed in a separate envelope labeled RFP #10-016 - Technical Proposal - Do Not Open and must include the following:

  • Response Sheet for Bids
  • All Forms and Assurances located in Submission Documents including original signatures where necessary
  • Resumes of project personnel (Resume of Project Manager is mandatory)

Project Description as outlined below:

Respondents’ submission must include the following sections, in the order listed.

Section 1: Organizational Expertise: (10 points)

As noted in the RFP narrative:

"It is essential that respondents to this RFP have a comprehensive working knowledge of school district operations including a familiarity with the various systems used by school districts to manage data. Most districts use, at a minimum, a student management system, special education management system, school lunch management system, and human resource system."

  • The respondent should be familiar with the full operational details of the New York State LDS. 2 pts).
  • The respondent should have the required technical expertise needed to establish the described Center. The implementation of new technologies is often accompanied by “best practices” in their implementation and utilization. It is essential that respondents describe the process for maintaining currency in their knowledge of the evolution of new technologies (4 pts).
  • The respondent should have expertise and experience in the creation and dissemination of training materials. Focus should be on the delivery of these training tools in an electronic environment. The respondent should have expertise in supplementing electronic training experiences with targeted face-to-face consultation to ensure the overall integrity and alignment of the training goals of this RFP. (4 pts)

Section 2: Operational Proposal: (50 points)

Describe in detail how your organization proposes to meet the objectives of this proposal. Be specific regarding personnel support, IT support, and communication support. Additionally be sure to address each individual objective:

  • The Center will be responsible for the creation of standards for school-based staff serving in the District Data Coordinator and other data team member categories (e.g., data entry, data management, data governance), along with activities to support the implementation and ongoing maintenance of those standards. These standards should include the skill set needed to effectively perform the duties expected of a District Data Coordinator and other data team member roles. (10 pts)
  • The Center will be charged with developing, disseminating, and maintaining a series of training activities for LEA data team staff responsible for the collection of data and its transmission to the NYSED. It is essential that respondents be clear in describing the type and content of training that will provide staff members with the skill set needed to perform the duties described in the narrative above. Respondents should describe how they will develop electronic and face-to-face learning experiences. Respondents should describe how they will assure that the current state of accepted best practices will be included in training experiences. (15 pts)
  • The Center will create supporting materials as well as supporting websites and other structures as needed to provide more uniform support for District Data Coordinators and other data team member categories (e.g., data entry, data management, data governance) (4 pts)
  • The Center will be responsible for maintaining user-friendly and plain English documentation of all business rules related to the operation of the New York State Education Department’s LDS, and communicating those rules to District Data Coordinators and other data team member categories. (3 pts)
  • The Center will be responsible for maintaining a calendar of critical dates in the SIRS process and actively communicating with District Data Coordinators regarding these dates. (3 pts)
  • The Center will be responsible for assisting District Data Coordinators with the establishment of all roles and responsibilities of data team member categories, including the establishment of data reporting and verification processes, as well as the ongoing management of LEA data governance (3 pts)
  • The Center will be responsible for establishing recommended skill sets of LEA personnel in the various data team roles (e.g., data entry, data management, data governance) (3 pts)
  • The Center will be expected to coordinate its activities, including distance-learning training activities, with the Level 1 data center. (3 pts)
  • It is essential that respondents describe in detail how they will a) disseminate information needed by District Data Coordinators related to new state requirements b) create systems that assure a full and equitable distribution of these resources, and c) obtain feedback assuring the state that the information has been received and implemented by District Data Coordinators across the state. (3 pts)
  • The Center will create methods to measure the success of its program, including performance measurements that relate to the submission of data by LEAs to the LDS. The Center will submit a quarterly report to NYSED. (3 pts)

Section 3-- Staffing (10 points)

Respondent will set forth a project staffing and supervision plan that demonstrates the respondent’s ability to provide an adequate supervisory/staffing structure for the Center and describes the responsibilities/qualifications of personnel who will operate the Center throughout the term of the contract. (10 points)

Cost Proposal (30 Points)

The original plus two (2) copies of the completed Cost Proposal must be mailed in a separate envelope labeled RFP #10-016 - Cost Proposal - Do Not Open and must include the following:

  1. Bid Form Cost Proposal
  2. Budget Summaries for years 2011/12-2013/14 and 3 Year Summary Signature Required
  3. Subcontracting Form

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

M/WBE Documents

The original plus two (2) copies of the completed M/WBE Documents must be mailed in a separate envelope labeled RFP #10-016 - M/WBE Documents - Do Not Open. Each set 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, scoring of the cost proposal. Proposals with a score of less than 42 points in the Technical Proposal section will be eliminated from further consideration.

Technical Criteria (70 Points)

See the Submission section of this RFP for information on scoring of the Technical Proposal.

Financial Criteria: (30 Points)

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

  • The financial portion of the proposal represents 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 will be awarded points pursuant to a formula which awards the highest score of 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 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’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 90 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 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, NYSED 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/resources_docreq_agency.htm external link icon.

NYSED recommends that vendors file the required Vendor Responsibility Questionnaire online via the New York State VendRep System. However, vendors 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 available 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. For direct VendRep System user assistance, the Office of the State Comptroller’s Help Desk may be reached at 866-370-4672 or 518-408-4672 or by email at ciohelpdesk@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/ external link icon or may contact NYSED or the Office of the State Comptroller’s 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 – Charlene Swanson
Contract Administration Unit – Richard Duprey
M/WBE – Joan Ramsey

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: March 3, 2011 -->