P-12

Prekindergarten through Grade 12 Education

RFP #10-020

Title: Network Training Center

The Office of Special Education of the New York State Education Department (NYSED) seeks to establish a Network Training Center to provide professional development to the State’s Special Education School Improvement and other specialists in the State’s Regional Special Education Technical Assistance Support Centers (RSE-TASC). The RSE-TASCs form a comprehensive and coordinated system of technical assistance and school improvement resources available to directly assist school districts, particularly those school districts with the poorest performance for students with disabilities to improve results for students with disabilities.  A description of the RSE-TASC is at this website:  http://www.p12.nysed.gov/specialed/techassist/rsetasc/.

The Network Training Center will have primary responsibility to provide skills training to all RSE-TASC professionals, including providing and/or arranging for the provision of content and specialized topical training to 115 Special Education School Improvement Specialists, 12 Regional Special Education Training Specialists, 8 Nondistrict Technical Assistance Providers, and 8 Bilingual Special Education Specialists.  (Primary content training for Transition Specialists and Behavioral Specialists will be provided by separate contracts).  The Network Training Center and its functions will be overseen by the Office of Special Education.

Eligible applicants include public or private Institutions of Higher Education; not-for-profit service organizations; and private for-profit organizations with knowledge and training experience in the area of special education and school improvement practices.

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.

NYSED will award one (1) State-wide contract pursuant to this RFP.  The contract resulting from this RFP will be for five years, July 1, 2011 through June 30, 2016.

Cost proposals for this RFP cannot exceed $800,000 in any year for the entire 5-year contract period.  Please be aware that the Evaluation Criteria assigns a significant portion of the proposal score to financial criteria (30%), so bidders are encouraged to submit budgets that are cost-effective.

Mandatory Requirements

See the Mandatory Requirements section of the RFP.

Components contained in RFP Proposal #10-020 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

Laura Paris William Artini Joan Ramsey
(518) 486-7462 (518) 402-5388 (518) 486-6883
RFP10020@MAIL.NYSED.GOV

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 8, 2011 by 3:00 PM:

Five (5) copies of each technical proposal (one bearing an original signature in blue ink) and three (3) copies of each cost proposal (one bearing an original signature in blue ink) must be included in the bid proposal, as follows:

  • Technical Proposal labeled Technical Proposal - RFP #10-020 Do Not Open
  • Cost Proposal and electronic version labeled Cost Proposal - RFP #10-020 Do Not Open
  • M/WBE Documents labeled M/WBE Documents - RFP #10-020 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

Due Date: March 8, 2011
Time: 3:00 PM

Facsimile copies of the proposals are NOT acceptable.

Estimated Timeline

RFP Issued

January 25, 2011

Q & A Deadline

February 14, 2011

Q&A Posted

February 21, 2011

Bids Due

March 8, 2011

Contract Approved

July 1, 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.

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 staffing plan must include a resume for the individual who will serve full-time as Network Training Director.
  • Include resumes or job descriptions for all additional professional and technical staff that demonstrate a commitment to employ qualified personnel who have the knowledge and experience to carry out the proposed activities.
  1. The Network Training Center must include, at a minimum:
    • One full-time individual to fulfill the position of Network Training Director (hereinafter referred to as “Director”) to be filled by one individual, available on a 12-month basis. A resume for the Director must be included in the staffing plan; and
    • Two full-time Network Training Specialists (hereinafter referred to as “Specialist”) filled by individuals employed full time or not less than half-time, available on a 12-month basis. Resumes or job descriptions must be included in the proposal.
  2. The Director and Specialists must meet the following minimum qualifications:
    • Master’s degree in education, special education, reading, psychology, or a related field, as deemed acceptable by NYSED.

Technical Assistance Center (TAC) Certification Form

  1. This form must be signed and included in the proposal (see Submission Documents). Proposals that do include the signed certification will be disqualified and removed from further consideration.

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.

Background

Beginning July 1, 2009, Regional Special Education Technical Assistance Support Centers (RSE-TASC) were established to form a comprehensive and coordinated system of technical assistance and school improvement resources available to directly assist school districts, particularly those school districts with the poorest performance for students with disabilities, in improving results for students with disabilities. The RSE-TASCs replace the former Special Education Training and Resource Centers (SETRC), Transition Coordination Sites (TCS) and regional Positive Behavioral Intervention and Support (PBIS) Centers and provide a new focus, charge and structure for special education technical assistance. Each RSE-TASC has a Regional Coordinator that serves as the liaison to the Office of Special Education for all services provided in the region and to ensure that the technical assistance services are delivered by Specialists according to contract requirements. Each RSE-TASC also includes both Regional Technical Assistance Specialists as well as Special Education School Improvement Specialists who are located within each Board of Cooperative Educational Services (BOCES) and in each of the Big Five School Districts (Buffalo, New York City, Syracuse, Rochester and Yonkers). For a map of the RSE-TASC regions, see Attachment A.

A description of the RSE-TASC is at this website: http://www.p12.nysed.gov/specialed/techassist/rsetasc/

Purpose

To meet the training needs of the RSE-TASC programs and staff, this RFP will establish a Network Training Center. The Network Training Center will have primary responsibility for providing skills training to all RSE-TASC professionals. In addition, the Network Training Center will have responsibility for providing or arranging for the provision of content and specialized topical training to 115 Special Education School Improvement Specialists (SESIS), 12 Regional Special Education Training Specialists, 8 Nondistrict Technical Assistance Providers, and 8 Bilingual Special Education Specialists. Specialized and topical training for Transition Specialists and Behavioral Specialists will be provided by separate State Transition and Positive Behavioral Interventions and Support (PBIS) Centers.) The Network Training Center will provide a schedule of required and optional trainings designed to develop the necessary skills and content knowledge for RSE-TASC Specialists served by this contract to fulfill contract responsibilities in conducting school improvement work with districts and schools.

Trainings will be repeated at intervals throughout the year in locations throughout the State, in order to provide access to all participants, as described in the deliverables for this RFP. The Director and Network Training Specialists are responsible for obtaining/developing and updating the training curriculum to meet program needs, and developing an annual calendar of training events. The training curriculum and training calendar must be approved by the NYSED Program Manager for the Network Training Contract. The Director and Network Training Specialist(s) are responsible for arranging meeting space, preparing materials, registering participants, maintaining records of training attendance, and obtaining evaluations for all sessions. The Director and Network Training Specialist(s) may be the providers of training, or may subcontract with other providers to deliver training on specialized topics. Any additional providers utilized under the contract must be qualified to provide the training. The Director must document qualifications and costs of additional providers and obtain prior approval from the NYSED Program Manager before entering into agreements.

Service Areas

The Network Training Center will serve all of the RSE-TASCs, located throughout the entire State of New York. See Attachment A.

Eligible Applicants

Eligible applicants include public or private Institutions of Higher Education; not-for-profit service organizations; and private for-profit organizations with knowledge and training experience in the area of special education and school improvement practices. Applicants from New York State and outside of the State will be considered.

Objectives of the RFP:

The purpose of the RFP is to establish a Network Training Center to support the work of the Regional Special Education Technical Assistance Support Centers (RSE-TASC) funded by the Office of Special Education to form a comprehensive and coordinated system of technical assistance and school improvement resources. The primary goals of the Network Training Center are to:

  1. Assess the RSE-TASC network’s professional development needs in multiple skill and content areas;
  2. Provide skills training for Part I Specialists and Part II RSE-TASC School Improvement Specialists served by this RFP, including leveled training for experienced RSE-TASC Specialists;
  3. Provide training as needed on specialized content areas for Regional, Nondistrict, and Bilingual RSE-TASC Specialists with consultation with the Program Managers for these specialist groups;
  4. Increase the RSE-TASC network’s knowledge and application of research-based practices in school improvement;
  5. Evaluate the effectiveness of the RSE-TASC school improvement work with districts;
  6. Assist in the ongoing development of and provide training on the content and application of NYSED’s Special Education protocols for school improvement (see Quality Indicator Review and Resource Guides for Literacy, Behavioral Supports and Interventions, and Special Education Instructional Practices: http://www.p12.nysed.gov/specialed/techassist/QIcover.htm
  7. Assist in planning and development of three statewide meetings annually, three days in duration, in October, January and May for the RSE-TASC Coordinators, 115 Special Education School Improvement Specialists (SESIS), 8 Nondistrict Technical Assistance Providers, and 8 Bilingual Special Education Specialists.
  8. Arrange for professional development (up to three days in the first year with annual updates) for RSE-TASC Coordinators on the topic of research and practice on school improvement and reform.
  9. Fulfill quarterly and annual reporting requirements;
  10. Attend and participate in required sub-group meetings; and
  11. Coordinate/collaborate with the other NYSED Technical Assistance Centers to maximize sharing of tools, knowledge and resources.

Activities and Deliverables that will be supported by Contract Funds:

  1. Assess the RSE-TASC network’s professional development needs for coordinators and all specialists in multiple skill areas. Once annually, construct and administer an on-line survey, analyze results, and prepare a report and recommendations for Network Training plan revisions required to meet changing needs.
  2. Plan and provide training as directed by the NYSED and participate in a statewide and regional planning process for the development of an annual calendar of training events.
  3. Provide skills training for all Part I RSE-TASC Specialists and Part II RSE-TASC School Improvement Specialists, and leveled training for experienced Specialists. Schedule multiple trainings in several areas of the State, in order to reduce participant travel costs and time away from program assignments.
    1. All professional development content and curriculum plans should include:
      1. Training goals, objectives, and competencies to be attained;
      2. Training time requirements and timeline for completion;
      3. Method of delivery, including alternatives utilizing technology (on-line training curriculum, webinars) to reduce travel costs, and;
      4. Options for differentiation to meet the needs and experience levels of the various Part I and Part II Specialists to be served under this RFP.
    2. Topics, professional development trainings to be included (up to fourteen days for new RSE-TASC Specialists):
      1. Leading groups and building teams; introductory level two-day workshop, to be offered 3x/year (total twelve days);
      2. Leading groups and building teams; intermediate and advanced level, 3x/year, as above (total six days);
      3. Presentation skills, including the planning of presentations, organization of content, and effective delivery; (one-day training, offered 3x/year as above, total nine days)
      4. The quality improvement process, (which is a research-based process a research-based process to engage the school staff in assessing programs and improving instructional and behavioral practices that have a direct impact on the achievement of students with disabilities). This topic would require an introductory level two-day workshop, to be offered 3x/year, as above, including:
        1. data-driven decision making;
        2. assessment of areas of need;
        3. developing goals, activities, and projected outcomes;
        4. technical writing skills needed for a variety of job requirements; and
        5. use of tools and technology to maximize effectiveness.
  4. Conduct or arrange for one-day presentations, three times annually (total of nine meeting dates) on topics that address specialized needs of Regional, Nondistrict, and Bilingual Specialists, as identified through planning with the NYSED Office of Special Education Project Manager for these three groups at their group meetings. These meetings will occur on dates separate from the statewide meetings described in #7, below. Activities will include:
    1. Work with the NYSED RSE-TASC Project Managers and other NYSED staff in the development of the meeting content and agenda;
    2. Identify and engage qualified expert presenters (requires NYSED approval) as needed for statewide meetings;
    3. Participate in required meetings as presenters and/or facilitators;
    4. Arrange for meeting space, which could include no-cost space, or the rental and payment for meeting space, including technology requirements; and
    5. Assist with development and preparation of meeting materials.
  5. Increase the RSE-TASC network’s knowledge and application of research-based practices in school improvement:
    1. Develop standards for RSE-TASC Specialists’ knowledge about research-based practices in school improvement;
    2. Provide professional development on this body of knowledge. Present, or arrange for a qualified expert(s) to present annually to the RSE-TASC network, with follow-up activities developed for use during regional meetings; and
    3. Establish a method for identification of research-based school improvement practices in use within the network, and create sharing mechanisms (such as web-based discussion groups, presentations at Statewide and regional meetings).
  6. Assess the effectiveness of the RSE-TASC school improvement work with districts through annual evaluation of a sample of approximately 20 districts selected by NYSED. The applicant should propose the evaluation methods/tools to be used to assess the effectiveness of the SESIS’ intervention in the selected districts, including, but not limited to, the use of data from the State Performance Plan (SPP). Site visits will not be required for this deliverable.
  7. Assist in the development of and provide training on the content and application of the NYSED’s Special Education protocols for school improvement, particularly in the content areas of literacy, behavior and special education instructional practices:
    1. Develop and deliver professional development for new RSE-TASC staff on how to find and utilize content and tools/resources in the above areas; (one-day small-group workshops for new staff, to be presented in each of the ten RSE-TASC regions or according to need, up to once monthly during a ten-month school year and once during the summer; total eleven days)
    2. Meet with RSE-TASC Coordinators and representatives of workgroups formed by the Office of Special Education to address school improvement on the above content areas, (one day, twice annually with established groups, eight days total) to discuss network training needs and review updated materials produced by the workgroups; and:
    3. In collaboration with the Office of Special Education, the RSE-TASC Coordinators and the RSE-TASC workgroups, assist with developing protocols and professional development training packages on priority topics.
  8. Assist in planning and development of three statewide meetings annually, up to three days in duration, in October, January and May for the RSE-TASC network, including Coordinators, SESIS, and one or both of the following sub-groups: Nondistrict Technical Assistance Providers, and Bilingual Special Education Specialists. Activities will include:
    1. Work with the NYSED RSE-TASC Project Managers and other NYSED staff in the development of the meeting content and agenda;
    2. Identify and engage qualified expert presenters (requires NYSED approval) as needed for statewide meetings;
    3. Participate in required meetings as presenters and/or facilitators;
    4. Arrange for meeting space, which could include no-cost space, or the rental and payment for meeting space, including technology requirements; and
    5. Assist with development and preparation of meeting materials.
  9. Arrange for professional development (up to three days in the first year with one-day annual updates) for RSE-TASC Coordinators on the topic of research and practice on school improvement and reform.
    1. Work with the NYSED and the RSE-TASC Coordinators to identify nationally recognized presenters on this topic.
    2. Plan a professional development institute for the RSE-TASC Coordinators for the purpose of providing them with in-depth knowledge on research-based approaches to supporting systemic school improvement, to the extent the RSE-TASC Coordinators have the knowledge and skills to provide on-going coaching to the SESIS in their work with schools and school districts.
    3. Arrange for meeting space, which could include no-cost space or the rental and payment for meeting space, including technology requirements.
  10. Reporting requirements - the Director and Network Training Specialist(s) will:
    1. Maintain records of Network Training Center activities (events, calendars, participant lists, information dissemination, curriculum/material development, conference attendance);
    2. Conduct evaluations of all training delivered and provide evaluation information to the Office of Special Education; and
    3. Provide a quarterly status report and annual progress report to the Office of Special Education on contract activities.
  11. Plan for participation in required meetings – the bidder should budget for its own per diem/hotel costs for these meetings in accordance with travel expenses as set forth later in this RFP. The Director and/or Network Training Specialist(s) will
    1. Attend statewide network meetings (up to three days, three times per year) held in Albany NY;
    2. Attend individual group meetings of Regional, Nondistrict, and Bilingual Specialists, one day, three times annually per group, as described in #3, above (total nine days);
    3. Attend RSE-TASC Coordinator meetings when requested by the Office of Special Education; quarterly, one day, in Albany, New York.
    4. Meet quarterly with the NYSED Program Manager to review contract activities, one day, in Albany, New York (to be scheduled before or after the RSE-TASC Coordinator meeting in “c.”);
    5. Meet with other NYSED funded Technical Assistance Centers as requested. To the greatest extent possible, NYSED will schedule these meetings in conjunction with other meetings so that funding issues will be minimal. For budgeting purposes, bidders should not budget for additional costs for these meetings.
  12. Coordinate/collaborate via e-mail, webinar, and phone conference with the other NYSED Technical Assistance Centers to maximize sharing of tools, knowledge and resources.

Budget Information

The following should be reviewed in preparation of the budget. Any items in the proposed budget deemed to be non-allowable or inappropriate will be eliminated.

Allowable Costs:

Expenditure of contract funds is allowed for the following:

  1. Professional and non-professional salaries: Include all staff attributable to this agreement. One full-time equivalent (FTE) equals one person working an entire week, each week of the project. Express partial FTE's in decimals, e.g., a Network Training Specialist working two and one-half days per week equals .5 FTE.
  2. Employee benefits
  3. Purchased services: Note that subcontracting costs for direct services are limited to 40 percent of the total budget. Purchased services include consultant services.
  4. Event costs, including space rental and technology for meetings and training events. Overnight expenses and per diem payments for participants are not allowed.
  5. Supplies, materials and printing directly related to the project. Cost proposals may, but are not required to, include requests for limited initial technology purchases to support the goals of the project (e.g., one notebook or desktop computer per staff and other shared equipment (such as printers, faxes, etc.) to carry out essential project work. Other office supplies and equipment can be included as they directly relate to carrying out the goals of the project. Proposals may also include technology-related expenses for developing and conducting webinars and distance learning events.
  6. Travel expenses for employees and consultants to carry out the essential work of the project. Travel costs including per diem rates must adhere to the established NYS travel rates, as indicated at GSA Per Diem Rates external link icon(click on "New York"). Out of state travel for attendance at professional development events for TAC staff must be requested in advance and before any commitments are made and are subject to approval by SED.

The following items are not allowed and will not be funded:

  • Equipment purchases (Equipment is defined as a single item that costs $5,000 or more)
  • New construction or renovation of facilities
  • Food or refreshment costs

Payments and Reports

The contractor will be required to submit quarterly and annual progress reports to NYSED. Quarterly payments will be made to the vendor once the quarterly progress reports are reviewed and project initiatives and outcomes are determined to be adequate. Failure to submit the required progress reports may result in the suspension of future payments. Quarterly reports must include program narrative, data summary of services provided (including professional development offered and attendance, curriculum and material development, technical assistance provided). Annual year end reports must include evaluation of SESIS effectiveness in targeted districts, data summary of services provided (as above), and fiscal expenditures.

Subcontracting Limit

Subcontracting will be limited to forty (40%) percent 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 NYSED approval. The replacement Consultant(s) with comparable skills will be provided at the same or lower hourly rate.

Contract Period

NYSED will award one (1) contract pursuant to this RFP. The contract(s) resulting from this RFP will be for a term beginning July 1, 2011 and ending June 30, 2016.

"Please note: the contract start date is an estimation based upon historical time frames for similar procurements. This date is subject to change based upon availability of funding and/or required approvals. NYSED will notify any effected bidder(s) in writing whenever a required date change is identified by the agency."

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.

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.

Project 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 March 8, 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.

This proposal will be scored based on a total possible score of 100 points (100%).

Technical Proposal - 70 Points (70%)

The original plus four (4) copies of the completed Technical Proposal must be mailed in a separate envelope labeled RFP #10-020-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
  • Mandatory Requirements Certification Form - Signature Required
  • TAC Certification Form – Signature Required
  • Each Technical Proposal submitted in response to this RFP must be organized in a binder and clearly labeled with tabs by individual sections in the following order:
    1. Project Description (25 points)
    2. Plan of Operation (See Attachment B) (25 points)
    3. Agency experience and expertise (20 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 #10-020-Cost Proposal-Do Not Open and must include the following:

  1. TAC Budget Form – (Detailed Budget for Year One: July 1, 2011 through June 30, 2012)
  2. TAC Budget Summaries for Years 1 through 5 and 5-Year Total Budget SummarySignature Required;
  3. Subcontracting Form.

The Financial Criteria portion of the RFP will be scored based upon the grand total of the five (5)-year budget summary. When budgeting for future years, bidders should factor in any anticipated cost increases, due to negotiated salary increases, etc. NYSED reserves the right to determine whether the anticipated annual cost increases are reasonable. No single year can exceed $800,000.

M/WBE Documents

The original plus two (2) copies of the completed M/WBE Documents must be mailed in a separate envelope labeled RFP #10-020-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.

The proposal will be based on a total possible score of one hundred (100) points.

Technical Criteria (70 Points)



Project Description (25 Points):

The complete project description will be reviewed to determine the overall consistency of the proposal to the stated activities and deliverables of the RFP.

The project description includes:

  1. A detailed description of the purpose/mission of the project. Bidders should demonstrate an ability to coordinate with the Office of Special Education and the RSE-TASCs, and include a discussion regarding how the work of the program, as well their strategies for evaluating effectiveness of the Special Education School Improvement Specialists (SESIS), will lead to improved instructional practices and results for students with disabilities. (5 points)
  2. Clear, obtainable and measurable objectives against which progress and success can be measured. (5 points)
  3. Activities that will be conducted to ensure all goals as described in the RFP are met. (15 points)
    • Assess the RSE-TASC network’s professional development needs in multiple skill and content areas;
    • Provide skills training for Part I Specialists and Part II School Improvement Specialists served by this RFP, including leveled training for experienced Specialists;
    • Provide training as needed on specialized content areas for Regional, Nondistrict, and Bilingual RSE-TASC Specialists;
    • Increase the RSE-TASC network’s knowledge and application of research-based practices in school improvement;
    • Evaluate the effectiveness of the RSE-TASC school improvement work with districts;
    • Assist in the ongoing development and provide training on the content and application of the Office of Special Education’s protocols for school improvement. See Quality Indicator Review and Resource Guides for Literacy, Behavioral Supports and Interventions, and Special Education Instructional Practices: http://www.p12.nysed.gov/specialed/techassist/QIcover.htm
    • Assist in planning and development of three statewide meetings annually, up to three days in duration, in October, January and May for the RSE-TASC network;
    • Arrange for professional development for RSE-TASC Coordinators on the topic of research and practice on school improvement and reform;
    • Fulfill quarterly and annual reporting requirements;
    • Plan for participation in required meetings; and
    • Coordinate/collaborate with the other the NYSED Technical Assistance Centers to maximize sharing of tools, knowledge and resources.
Plan of Operation (25 points)

Each proposal must provide activities that will result in the expected outcomes described in the Deliverables section. This section will be evaluated based on the comprehensiveness of the bidder’s plan to achieve NYSED’s anticipated results for each of the deliverables.

The activities will be reviewed and scored as follows:

  1. A plan of management that ensures effective administration of the project and use of resources; (5 points)
  2. A detailed plan of operation for year one of the project that reflects a relationship between the project priorities, objectives, activities and deliverables (plan of operation to be prepared using required format, see Attachment B); (10 points)
  3. Proposed timelines that are reasonable and that ensure completion of the RFP deliverables; (5 points) and
  4. An evaluation plan that adequately measures effectiveness of activities, details strategies for midcourse corrections, if necessary, and ensures the attainment of the priority goals. (5 points)
Agency Staffing Plan, Experience and Expertise (20 points)

Mandatory:

  • The staffing plan must include a resume for the individual who will serve full-time as Network Training Director.
  • Include resumes or job descriptions for all additional professional and technical staff that demonstrate a commitment to employ qualified personnel who have the knowledge and experience to carry out the proposed activities.
  1. Provide a staffing plan that describes the responsibilities of key personnel within a coherent plan that demonstrates ability to achieve each objective; (8 points)
  2. Describe/demonstrate agency experience and expertise in the following areas (9 points):
    • Management of projects of similar size and scope, including planning and coordination;
    • Knowledge of related State and federal regulations regarding special education;
    • Experience and knowledge in the areas of school improvement practices, literacy, behavioral practices and specially-designed instruction for students with disabilities;
    • Documentation and/ or examples of training curriculum and training modules developed and used for conducting professional development sessions; and
    • Evaluating the effectiveness of professional development.
  3. Provide three letters of support for the applicant agency that illustrate agency experience, knowledge and expertise. (3 points)

Rater Scoring Differences:

NYSED will review the accuracy of reviewers score sheets to ensure the review process was conducted properly. NYSED reserves the right to request additional information from reviewers in cases where review comments do not support the score or when reviewers’ scores differ by 15 points or more. In either case, reviewers will be requested to provide further explanation and to confirm the accuracy of their scores. Reviewers will be given the right to change their scores, as long as a written explanation is included.

Financial Criteria: (30 Points)

The 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 this RFP will be scored based upon the grand total for the five (5)-year budget summary.

  • The financial portion of the proposal represents seventy (70) points of the overall score and will be awarded up to seventy (70) 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 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.

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, 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 – Laura Paris
Contract Administration Unit – William Artini
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). 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

Appendix A - Standard Clauses for NYS Contracts

Appendix A-1

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Submission Documents

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Last Updated: February 24, 2011 -->