P-12

Prekindergarten through Grade 12 Education

RFP #10-025

Title: Long Island Special Education Parent Center

The Office of Special Education of the New York State Education Department (NYSED) is seeking proposals to establish a Special Education Parent Center in the Long Island region of New York State (NYS).

Service Area: The Long Island Special Education Parent Center will serve the Long Island region of NYS (Nassau and Suffolk Counties), which includes the following Boards of Cooperative Educational Services (BOCES) service areas: Nassau, Eastern Suffolk and Western Suffolk.

Eligible applicants include NYS Local Educational Agencies (LEAs), Boards of Cooperative Educational Services (BOCES), Independent Living Centers (ILCs), Institutions of Higher Education (IHEs), not-for-profit service organizations, and for-profit organizations. Applicants must be located in the Long Island region of NYS as described under the Service Area section noted above.

The contract resulting from this RFP will be for a two and a half (2.5) year period beginning July 1, 2011 through December 31, 2013.

Subcontracting will be limited to forty percent (40%) of the annual contract budget. NYSED reserves the right to approve all subcontractors. Subcontracting is defined as non-employee direct, personal services and related incidental expenses, including travel. Bidders are required to comply with NYSED’s Minority and Women-Owned Business Enterprise (M/WBE) participation goals. The goals are 17% Minority Business Enterprise (MBE) and 12% Women-Owned Business Enterprise (WBE). Please see the section of this RFP for information regarding NYSED’s Minority/Women-Owned Business Enterprise Procurement Policy.

Mandatory Requirements

See the Mandatory Requirements section of the RFP.

Components contained in RFP Proposal #10-025 are as follows:

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

Questions and Answers are now posted.

Contact Information for Questions

Program Matters

Fiscal Matters

M/WBE Matters

Noel Granger Gary Yorkshire Joan Ramsey
(518) 473-2878 (518) 408-1715 (518) 486-6883
LIPCRFP@mail.nysed.gov LIPCRFP@mail.nysed.gov LIPCRFP@mail.nysed.gov

The following documents must be received at NYSED no later than March 23, 2011 by 3:00 PM:

  1. Technical Proposal—Five (5) copies (one bearing an original signature in blue ink)
  2. Cost Proposal—Three (3) copies (one bearing an original signature in blue ink)
  3. Microsoft Word (CD format)—One (1) electronic version with both the technical and cost proposals.
  4. M/WBE Documents—Three (3) copies (one bearing an original signature in blue ink)

The mailing address for all the above documentation is:

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

Facsimile copies of the proposals are NOT acceptable.

Submit each of the following documents in separately sealed envelope:

  • Technical Proposal labeled Technical Proposal - RFP #10-025 Do Not Open
  • Cost Proposal labeled Cost Proposal – RFP #10-025 Do Not Open
  • M/WBE Documents labeled M/WBE Documents—RFP #10-025 Do Not Open

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Description of Services to be Performed


Work Statement and Specifications

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

Mandatory Requirements

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

Mandatory Contract Requirements:

The Bidder must be located within the described Service Area. The Service Area is the Long Island region of NYS (Nassau and Suffolk Counties), which includes the following Boards of Cooperative Educational Services (BOCES) service areas: Nassau, Eastern Suffolk and Western Suffolk.

Mandatory Staffing Requirements:

The Special Education Parent Center must include:

  • One .5 FTE (full time equivalent) Coordinator who must meet the following minimum requirements: Bachelor’s degree in Human Services, Special Education, Social Work, Psychology, Counseling or Education and three years experience working with parents of children with disabilities in a public or private school and/or community service agency settings. The .5 FTE must be filled by one individual. A resume for the proposed coordinator is required.
  • Two (2.0) FTE individuals to provide parent outreach and information who must meet the following minimum requirements: a minimum of three (3) years of experience working with children and/or parents of children who have disabilities. The 2.0 FTE positions may be filled by individuals serving part time, provided that each individual must work at least half-time (.5 FTE) on this funded project.

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

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

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

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

Background

The mission of the NYSED Office of Special Education (OSE) is to promote educational equity and excellence for students with disabilities while ensuring that they receive the rights and protection to which they are entitled; assure appropriate continuity between the child and adult services systems, and provide the highest quality vocational rehabilitation and independent living services to all eligible persons as quickly as those services are required to enable them to work and live independent, self-directed lives.

The purpose of this RFP is to continue to provide a Special Education Parent Center in the Long Island region of NYS. The contract for the current NYS Parent and Family Technical Assistance Center (TAC) in the Long Island region ends June 30th, 2011. There are 12 other Special Education Parent Centers serving regions throughout NYS and the City of New York.

The Special Education Parent Center established under this RFP will contribute to the implementation of the NYS Board of Regents Policy on Improving Student Achievement and School Performance through Parent and Family Partnerships. The Regents defines “parent” as a natural parent, a legal guardian, or other caretaker (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the child’s welfare). The Regents defines “partnership” as active engagement between parents and families and the education community to support student achievement.

The Board of Regents Parent and Family Partnerships Policy acknowledges:

  • improved student achievement is linked to engaging parents and families in the education process;
  • federal and State laws and regulations require plans, policies and practices that support parental and family involvement in the education of children;
  • schools and districts are responsible for implementing plans, policies and practices that support parental and family involvement in the education of children;
  • education is the shared responsibility of schools, parents and families, and the community; and
  • NYSED is responsible for monitoring school and district implementation plans, policies and practices that support parental and family involvement in the education of all children.

The Board of Regents requires:

  • NYSED to develop and implement a comprehensive parent partnerships policy and plan promoting effective parental and family engagement statewide;
  • schools and districts to initiate strategies that encourage parents and families to fully participate and contribute to the academic development of their child and the school’s learning environment;
  • schools and districts to inform parents of their rights and responsibilities in a manner that is clear, courteous, consistent, and in a language that they understand; and
  • schools and districts to create opportunities for parents and families to support academic achievement.

For the complete Regents Policy Statement on Improving Student Achievement and School Performance through Parent and Family Partnerships: http://www.regents.nysed.gov/meetings/2007Meetings/February2007/0207emscvesida4.htm

Purpose

The Long Island New York Special Education Parent Center will:

  • provide parents of children with disabilities with the information and resources necessary to:
    • promote their meaningful involvement in their children’s education programs, including information regarding the special education process (referrals, individual evaluations and individualized education program development and transition planning);
    • assist them in understanding their children’s disabilities;
    • promote early resolution of disputes between parents and school districts;
    • promote use of resolution sessions and special education mediation;
  • provide information to parents on their procedural due process rights, including the right to impartial hearings and appeals and the State complaint process;
  • collaborate with public school districts on methods to facilitate positive parent involvement as a means of improving special education services and results for children with disabilities;
  • improve parent participation in the State’s measure of the percent of parents with a child receiving special education services who report that schools facilitated parent involvement as a means of improving services and results for children with disabilities; and
  • assist NYSED to identify and promote effective practices for positive parental involvement in the special education process.

Statistics

The statistics contained within Attachment 2 are for the purpose of providing potential bidders with information about the number of students with disabilities receiving special education services in the Long Island region of New York State. The information is broken down by BOCES name.

Deliverables

The winning vendor shall:

1. Provide Outroach to Parents in the Service Area

Produce and disseminate informational materials on the special education process and services of the Special Education Parent Center to parents of students with disabilities throughout the service area, including minority and non-English speaking families and other high need populations such as, but not limited to, parents and/or family members with disabling conditions and homeless families. The Special Education Parent Center will be responsible for providing accurate translations of Parent Center materials for non-English speaking families in the service area, based upon knowledge of the demographics of the service area or based upon family request.

  • Develop and execute a public communications outreach plan that promotes Special Education Parent Center services (e.g., brochures, communications with school districts and parent-teacher associations) with particular outreach to parents of students with disabilities attending high need schools (as defined by NYSED) and to non-English speaking parents of students with disabilities. Please refer to http://eservices.nysed.gov/sepubrep/ for Special Education District Data profiles regarding district-specific performance on the State Performance Plan.
  • Establish a working relationship with public and private school districts for the purpose of collaboration and coordination on activities to provide information on the special education process to parents of children with disabilities in the service area.

2. Provide Information to Parents

  • Establish and maintain fully accessible community-based parent information resource center(s), which are staffed 40 hours a week to provide information and resources to parents and families. The center(s) must be staffed 40 hours per week which includes a combination of regular business hours, at least one evening per week and a portion of daytime weekend hours.
  • Develop and maintain a Special Education Parent Center quarterly electronic newsletter, website and listserv for the purpose of providing ongoing access to information by parents. The website must be compliant with Office for Technology (OFT) Policy. (See OFT policy statement in this RFP)
  • Provide parents of children with disabilities with the information and resources necessary to promote their meaningful involvement in their children’s education programs, including information regarding the special education process (referrals, individual evaluations and individualized education program development and transition planning).
  • Provide parents of children with disabilities information and approaches to promote early resolution of disputes between parents and school district and on special education mediation, due process and the State complaint process.
  • Provide information to parents on disability-specific information (e.g., autism, traumatic brain injury) to parents.
  • Provide information to assist parents to understand and meaningfully participate in meetings of the Committees on Preschool Special Education (CPSE) and Committees on Special Education (CSE).
  • Establish linkages and strategies that connect parents of students with disabilities to existing parent resources and information.
  • Provide a minimum of sixty (60) information sessions for parents on special education topics annually with attendance of a minimum of six (6) to twelve (12) parents of children with disabilities.

Additional information session topics are encouraged and may be developed with NYSED’s Office of Special Education approval.

3. Develop and Provide Resources and Strategies to Assist Parents

  • Provide resources and strategies to assist parents and families to meaningfully participate in their child’s CPSE or CSE meetings and to prepare for their child’s transition from preschool to school-age special education programs as well as to transitions from school to adult life.
  • Develop and disseminate resources (e.g., pamphlets, brochures and web-based information) as well as provide strategies to assist parents to understand the nature of their children’s disabilities and their educational, developmental and transitional needs.
  • Provide resources and strategies to enhance parents’ skills and levels of confidence to communicate effectively and work collaboratively with other stakeholders to advocate and actively participate in their children’s education program. Resources developed could include:
    • information on how to advocate on behalf of their child;
    • communication skills to effectively interact with administrators and school district personnel; and
    • parent-to-parent, individual and group support resources.

4. Collaborate with Regional and Community-Based Service Organizations

  • In collaboration with the Regional Special Education Technical Assistance Support Centers (RSE-TASC), plan and provide training of the additional parent members for the CSEs/CPSEs. Trainings will be held a minimum of two times per year in the Long Island region and will each be one full day in duration. The vendor will be responsible for providing space for approximately 15-30 participants.
  • Participate two (2) times per year in Special Education Parent Center meetings in Albany. Each meeting will be two days in duration.
  • Participate two (2) times per year in regional one (1) day meetings or activities with each of the following NYSED funded projects:
    • Bilingual/English as a Second Language (ESL) Technical Assistance Centers (BETAC);
    • Bilingual Special Education Network;
    • Early Childhood Direction Centers (ECDCs);
    • Independent Living Centers; and
    • Regional Special Education Technical Assistance Support Centers (RSE-TASCs).
  • Collaborate through attendance at local one (1) day meetings (minimally two meetings per year) and through regular outreach, including distribution of Parent Center mailings and the Parent Center electronic newsletter, with the following agencies:
    • School districts;
    • Regional and community-based organizations that support parents of students with disabilities (e.g., the Coordinated Children’s Services Initiative (CCSI); Office Of People With Developmental Disabilities (OPWDD) Developmental Disabilities Services Offices (DDSO));
    • Parent-Teacher Associations (PTA) and Special Education Parent and Teacher Associations (SEPTA);
    • Protection and Advocacy for Individuals with Developmental Disabilities (P&ADD) offices;
    • Parent organizations and disability service organizations that can assist in outreach to parents of students with disabilities;
    • Community-based organizations serving individuals whose primary language is not English; and
    • CCSI (for children who are considered to be "at risk" of being placed out of their home school districts).

5. Coordiante with NYSED School Improvement Initiatives

  • Develop and maintain working relationships with:
    • NYSED’s Special Education Quality Assurance (SEQA) regional offices;
    • RSE-TASC;
    • ECDCs and;
    • NYS-Positive Behavioral Interventions and Supports (NYS-PBIS) TAC.
  • Develop strategies to support NYSED’s Office of Special Education implementation of the State Performance Plan (SPP), particularly measures and improved performance relating to:
    • Parental Involvement (e.g., promotion and facilitated distribution of parent surveys; working with schools to improve family involvement to improve results for students with disabilities);
    • Secondary Transition (e.g., distribution of NYSED transition planning documents; helping parents to understand and participate in the individualized education program (IEP) transition planning process); and
    • Resolution and mediation agreements (e.g., development and distribution of a parent mediation brochure).

For more information see - http://www.p12.nysed.gov/specialed/

6. Evaluate the Effectiveness of the Parent Center Activities

Establish a process and report to evaluate the effectiveness of the Parent Center activities including, but not limited to, measures of the effectiveness of the Center in promoting:

  • improved parent understanding of the special education process;
  • improved transition planning and results;
  • enhanced parent involvement in schools to improve results for children with disabilities;
  • meaningful parent participation in the CSE/CPSE process;
  • increasing rates of parent participation in the State’s survey to measure parent involvement State Performance Plan (SPP) Indicator 8;
  • use of non-adversarial dispute mechanisms (e.g., school-parent communication processes, resolution sessions and/or mediation) to resolve disagreements between parents and school districts; and
  • effectiveness of the Center’s outreach to parents throughout the designated service area, including parents who speak other languages.

Advisory Committee

The Special Education Parent Center must establish an Advisory Committee that meets at least semi-annually to provide advice and feedback for the Special Education Parent Center. The Advisory Committee must be comprised of a minimum of seven (7) members who serve on a voluntary basis. The majority of members must be parents or family members of children with disabilities and the remaining Advisory Committee members will be representatives of community agencies that serve families and children with disabilities and include individuals who are representative of the cultural and linguistic demographics within the service area. Organizations with an established Advisory Committee must provide a roster of members that identifies the required representation. Organizations that do not yet have an Advisory Committee in place must establish a committee with the required representation within two months following the initiation of a contract.

Service Areas

The following BOCES service areas will serve as the designated Long Island Special Education Parent Technical Assistance Center service area. See Attachment 1 for a map depicting the regional distribution of NYSED Special Education Parent Centers (based on BOCES service areas for non-NYC regions.)

Service Areas

Region

BOCES

Long Island Nassau
Eastern Suffolk
Western Suffolk

Monitoring Requirements

The Special Education Parent Center will be required to produce an annual plan of operation, budget, quarterly progress reports, quarterly vouchers, and quarterly contract expenditure reports, and annual year end report. Successful applicants will also be responsible for timely and accurate reporting associated with NYSED OSE project management site visits. Failure to submit reports in a timely fashion may result in discontinuation of the contract.

The funded center must:

  • maintain a data system that accurately captures services provided (e.g., type, level, and intensity of assistance to families, agencies, and professionals).
  • maintain records of Center activities (events calendars, attendance at events and trainings, information dissemination, referral and follow-up, and syllabus with PowerPoints and summaries of information sessions conducted).
  • provide timely quarterly progress reports to NYSED OSE which include:
    • program narrative;
    • data summary of services provided;
    • program evaluation activities;
    • fiscal expenditures; and
    • Advisory Committee minutes.
  • Provide to NYSED OSE, copies of information materials provided to parents including PowerPoints and summaries of information sessions offered, brochures, publications, and announcement flyers;
  • Provide an annual year end report that includes data and information on the evaluation of the effectiveness of the Center activities in promoting:
    • improved parent understanding of the special education process;
    • improved transition planning and results;
    • enhanced parent involvement in schools to improve results for children with disabilities;
    • meaningful parent participation in the CSE/CPSE process;
    • increasing rates of parent participation in the State’s survey to measure parent involvement;
    • use of non-adversarial dispute mechanisms (e.g., school-parent communication processes, resolution sessions and/or mediation) to resolve disagreements between parents and school districts; and
    • effectiveness of the Center’s outreach to parents throughout the TAC service area, including parents who speak languages other than English.
  • Conduct annual customer satisfaction surveys via E-mail or telephone of consumers who utilize services of the Center including families, students, schools/districts, community agencies, school districts and IHEs and submit a summary of survey responses at the close of the program year.

Payment and Reporting

The contractor will be required to submit quarterly progress reports, quarterly expenditure reports, an annual year-end report and standard vouchers to NYSED. Quarterly payments will be made to the vendor once the standard vouchers, quarterly expenditure reports, and quarterly progress reports are reviewed and project initiatives and outcomes are determined to be adequate. Quarterly progress reports and quarterly expenditure reports will be due by the last day of October, January, April and July of each contract year. The first quarterly report will be due on October 31, 2011. Annual reports will be due on the last day of July of each contract year. The first annual report will be due on July 31, 2012. Failure to submit the required standard vouchers, progress reports, expenditure reports and annual year-end report within 30 days of the end of the calendar quarter may result in the suspension of future payments. All services will be reimbursed on a payment for service delivered basis.

Travel Requirements

The Long Island Special Education Parent Center personnel will be required to travel throughout the service area on an ongoing basis. Budgeted travel should reflect expenses related to completing all services to be performed and the roles/responsibilities under the Special Education Parent Center contract.

The applicant should budget for travel expenses incurred at the federal rates.

Requests for out of state travel must be submitted to NYSED OSE for consideration on an individual basis. Approval for out of state travel must be obtained prior to travel dates.

Federal Mileage rates may be found at: http://www.gsa.gov/portal/category/100000 external link icon. Federal per diem rates may be found at this website as well.

Travel expenses must not exceed eight (8) percent of the annual budget.

OFT Policy Statement

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

Budgeting for Printing and Translation Costs

As noted in the Deliverables section of this RFP, the successful bidder will need to provide informational materials to parents of students with disabilities and to translate these materials for non-English speakers. The successful bidder will also have to provide resources (e.g. pamphlets, brochures and web-based information) to assist parents in understanding the nature of their children's disabilities and, educational developmental and transitional needs. For purposes of budgeting, printing and translation costs should not exceed 5% of the bidder's proposed annual budget.

Indirect Costs

Indirect costs may be included in the budgets. They are costs of activities that benefit more than one program or objective and, therefore, cannot be readily assigned to only one specific program or objective. Indirect costs are generally classified under functional categories such as general maintenance and operation expenses, general office and administration expenses, general overhead expenses, and other allowable general expenses.

Examples of indirect costs are:

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

Contract Period

The contract resulting from this RFP will be for a two and a half (2.5) year period beginning July 1, 2011 through December 31, 2013.

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

Subcontracting Limit

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

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.

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.

Staff Changes

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

Electronic Processing of Payments

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

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Submission


Documents to be submitted with this proposal

This section details the submission document or documents that are expected to be transmitted by the respondent to the State Education Department in response to this RFP. New York State Education Department shall own all materials, processes, and products (software, code, documentation and other written materials) developed under this contract. Materials prepared under this contract shall be in a form that will be ready for copyright in the name of the New York State Education Department. Any sub-contractor is also bound by these terms. The submission will become the basis on which NYSED will judge the respondent’s ability to perform the required services as laid out in the RFP. This will be followed by various terms and conditions that reflect the specific needs of this 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 23, 2011 by 3:00 PM at NYSED in Albany, New York.

Note: Proposals should be labeled “RFP#10-025 Long Island New York Special Education Parent Center.” This information should be on all the sealed envelopes contained in your submission.

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

Technical Proposal (70 Points)


Instructions for Technical Proposal:

The original plus four copies of the completed Technical Proposal must be mailed in a separate envelope labeled RFP #10-025-Technical Proposal-Do Not Open and must be organized in a folder or binder and clearly labeled with tabs by individual sections in the following order:

  • Response Sheet for Bids located in Submission Documents
  • All Forms and Assurances located in Submission Documents including original signatures where necessary
  • Mandatory Requirements Certification Form Signature Required
  • TAC Certification Form Signature Required
  • Resumes of Personnel
  • Project Description (25 points)
  • Plan of Operation (40 points)
  • Letters of Support (5 points)

Project Description (25 Points):

The complete project description and supporting materials will be reviewed to determine the overall consistency of the proposal to the stated purpose and objectives of the RFP. The qualifications of key personnel and the adequacy of the resources of the sponsoring agency will be reviewed to determine the organization’s ability to implement the activities described in the application. Project descriptions must include information on the following:

  • A full description of the purpose/mission of the Center, consistent with the project description in this RFP (3 points)
  • Experience in collaborating with community-based service organizations that promote access to high quality educational and related services for children with disabilities in the least restrictive and inclusive environments. (4 points)
  • Knowledge of the demographics of the service area, including documentation of the needs and resources of the community to be served by the project, and evidence of the bidder’s ability to conduct outreach and provide services to families whose primary language is not English. Include a plan for equitable resource and service provision throughout the regional geographic service area (as noted under Service Areas). (5 points)
  • Experience with data-driven program monitoring and evaluation. (4 points)
  • A record of success in the provision of services to parents of students with disabilities and knowledge of State and federal regulations in this regard. (4 points)
  • A project staffing and supervision plan that demonstrates the bidder’s ability to provide an adequate supervisory structure for the Special Education Parent Center and describes the responsibilities of the Coordinator who will direct the overall project throughout the duration of the contract. The Coordinator should have experience with Microsoft Office and public speaking. A resume for the proposed Coordinator must be included. (5 points)

Plan of Operation (40 Points):

Each Plan of Operation (located in section Submission Documents) must include specific activities to meet contract deliverables, timeline/schedule of implementation, method of evaluation, and staffing plan. This section will be evaluated based on the comprehensiveness of the applicant’s plan to achieve NYSED’s anticipated results for each of the activities, and how well the plan of operation provides:

  • specific activities to meet the six (6) contract deliverables as stated in section 1. Description of Services to be Performed under sub section Deliverables;
  • timeline/schedule of implementation;
  • methods used to evaluate the effectiveness of activities relating to the required deliverables.

Proposed strategies and activities to accomplish the six (6) deliverables will be reviewed and scored as follows:

  1. Provide outreach to parents in the service area – 5 points
  2. Provide information to parents – 10 points
  3. Develop and provide resources and strategies to assist parents – 10 points
  4. Collaborate with regional and community based service organizations – 5 points
  5. Coordinate with NYSED school improvement initiatives – 5 points
  6. Evaluate the effectiveness of the Parent Center activities – 5 points

Letters of Support: (5 Points)

Three (3) letters of support substantiating experience should be submitted with the proposal. NYSED may contact any references supplied by the applicant. Letters of support should demonstrate evidence of the organization’s ability to fulfill the purpose of the Special Education Parent Center and to work in partnership with school district/building personnel, NYSED OSE funded technical assistance centers and other regional and community-based service organizations.

Cost Proposal (30 Points)

The original plus two (2) copies of the completed Cost Proposal must be mailed in a separate envelope labeled RFP #10-025-Cost Proposal-Do Not Open and must include the following:

  1. Technical Assistance Center (TAC) First Year Detailed Budget (7/1/11-6/30/12)
  2. TAC Budget Summaries for years 2011/12-2013 and 2.5 Year Summary Signature Required
  3. Subcontracting Form

Provide a detailed budget for the first year (7/1/11-6/30/12), annual budget summaries for years 2012/13-2013, as well as a Budget Summary for the entire 2.5 year contract period (located in Submission Documents).

The budget forms and the TAC Budget document for this section are located in Submission Documents. 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. 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 costs are reasonable.

The Financial Criteria portion of the RFP will be scored based upon the grand total of the 2.5 year budget summary.

M/WBE Documents

Three (3) copies (one bearing an original signature in blue ink) of the completed M/WBE Documents must be mailed in a separate envelope labeled RFP #10-025-M/WBE Documents-Do Not Open and must include the following:

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

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Evaluation Criteria and Method of Award

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

Criteria for Evaluating Bids

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

The technical portion of the proposal will be reviewed and rated by the evaluation committee according to the criteria below. 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 to the next step of the process. Proposals with a score of less than 42 points in the Technical Proposal section will be eliminated from further consideration.

Technical Criteria (70 Points)

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

Project Description (25 points):

The project description and supporting materials will be reviewed to determine the overall consistency of the proposal to the stated purpose and objectives of the RFP. The qualifications of key personnel and the adequacy of the resources of the sponsoring agency will be reviewed to determine the organization’s ability to implement the activities described in the application. The project description will be scored as follows:

  • A full description of the purpose/mission of the Center, consistent with the project description in this RFP (3 points)
  • Experience in collaborating with community-based service organizations that promote access to high quality educational and related services for children with disabilities in the least restrictive and inclusive environments. (4 points)
  • Knowledge of the demographics of the service area, including documentation of the needs and resources of the community to be served by the project, and evidence of the bidder’s ability to conduct outreach and provide services to families whose primary language is not English. Include a plan for equitable resource and service provision throughout the regional geographic service area (as noted under Service Areas). (5 points)
  • Experience with data-driven program monitoring and evaluation. (4 points)
  • A record of success in the provision of services to parents of students with disabilities and knowledge of State and federal regulations in this regard. (4 points)
  • A project staffing and supervision plan that demonstrates the bidder’s ability to provide an adequate supervisory structure for the Special Education Parent Center and describes the responsibilities of the Coordinator who will direct the overall project throughout the duration of the contract. The Coordinator should have experience with Microsoft Office and public speaking. A resume for the proposed Coordinator must be included. (5 points)
Plan of Operation (40 Points):

Each Plan of Operation (located in section Submission Documents) must include specific activities to meet contract deliverables, timeline/schedule of implementation, method of evaluation, and staffing plan. This section will be evaluated based on the comprehensiveness of the applicant’s plan to achieve NYSED’s anticipated results for each of the activities, and how well the plan of operation provides:

  • specific activities to meet the six (6) contract deliverables as stated in Section 1. Description of Services to be Performed under sub section Deliverables;
  • timeline/schedule of implementation;
  • methods used to evaluate the effectiveness of activities relating to the required deliverables.

Proposed strategies and activities to accomplish the six (6) deliverables will be reviewed and scored as follows:

  1. Provide outreach to parents in the service area – 5 points
  2. Provide information to parents – 10 points
  3. Develop and provide resources and strategies to assist parents – 10 points
  4. Collaborate with regional and community based service organizations – 5 points
  5. Coordinate with NYSED school improvement initiatives – 5 points
  6. Evaluate the effectiveness of the Parent Center activities – 5 points
Letters of Support: (5 Points)

Three (3) letters of support substantiating experience should be submitted with the proposal. NYSED may contact any references supplied by the applicant. Letters of support should demonstrate evidence of the organization’s ability to fulfill the purpose of the Special Education Parent Center and to work in partnership with school district/building personnel, NYSED OSE funded technical assistance centers and other regional and community-based service organizations.

Financial Criteria: (30 Points)

The Financial Criteria portion of this RFP will be scored based upon the grand total for the 2.5 year budget summary.

Each budget will be reviewed to determine the extent to which the budget is adequate to support the project, and that the costs are reasonable in relation to the objectives.

The Financial Criteria portion of the RFP will be scored based upon the grand total of the 2.5 year Budget Summary. When budgeting for future years, bidders should factor in any anticipated cost increase, due to negotiated salary increases, etc. NYSED reserves the right to determine whether the anticipated annual costs are reasonable.

  • The financial portion of the proposal represents thirty (30) points of the overall score and will be awarded points pursuant to a formula. This calculation will be computed by the Contract Administration Unit upon completion of the technical scoring by the technical review panel.
  • The agency reserves the right to request best and final offers.
  • The submitted budget 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, 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 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 – Noel Granger
Contract Administration Unit – Gary Yorkshire
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 three (3) certifications:

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

Appendix A-1 – NYSED Contract Clauses

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

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

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

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

Appendix A - Standard Clauses for NYS Contracts

Appendix A-1

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Submission Documents

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Last Updated: March 3, 2011