P-12

Prekindergarten through Grade 12 Education

RFP #11-003

New York State Summer School of the Arts 2011 Transportation

The New York State Education Department (NYSED) is seeking proposals for the transportation of participants of the 2011 summer session of the New York State Summer School of the Arts, located in Saratoga Springs, New York. Eligible applicants include private bus companies, school districts and Boards of Cooperative Educational Services (BOCES).

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 contract pursuant to this RFP. The contract resulting from this RFP will be for a term beginning June 15, 2011 and ending August 31, 2011.

Service Area: Saratoga Springs, New York

Mandatory Requirements

See Mandatory Requirements section of the RFP.

Components contained in RFP #11-003 are as follows:

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

No questions were submitted.

Contact Information for Questions

Program Matters

Fiscal Matters

M/WBE Matters

Judy Powers

Richard Duprey

Joan Ramsey

(518) 473-3881

Phone number (518) 486-1588

(518) 486-6883

E-Mail: P12NYSSSABUS@mail.nysed.gov

E-Mail: P12NYSSSABUS@mail.nysed.gov

E-Mail: P12NYSSSABUS@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 May 2, 2011 by 3:00 PM:

  • Bid Response – RFP #11-003 Do Not Open
  • M/WBE Documents - RFP #11-003 Do Not Open

Note: A copy of the bid response M/WBE documents must also be submitted in Microsoft Word on CD-ROM. Please include it in a separate envelope labeled CD-ROM-RFP#11-003 Do Not Open.

The mailing address for all the above documentation is:

NYS Education Department
Bureau of Fiscal Management
Attn: Richard P. Duprey RFP #11-003
Contract Administration Unit
89 Washington Avenue, Room 505W EB
Albany, NY 12234

Facsimile copies of the proposals are NOT acceptable.

Issue Date: April 11, 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

Failure of a bidder to demonstrate ability to meet these requirements will result in disqualification. The Mandatory Certification Requirements Form which is included in Submission Documents must be signed and submitted with cost proposal.

  1. All bids will be for entire package only; no partial bids will be accepted.
  2. The Bus and Driver must be available at all times during the entire trip.
  3. Buses are required to arrive at least 1/2 hour prior to scheduled departure times.
  4. Where coaches are required there will be no exceptions, contractor will provide coaches or sub-contract that portion of services to another company to meet this need.
  5. Contractor cannot charge on final invoice for hours (down time) in between two scheduled trips.
  6. All drivers must be in compliance with Article 19A (intrastate) and Federal Department of Transportation regulations (interstate) and have "S" endorsement.
  7. Drivers must be "school bus qualified" (fingerprinted and criminal history cleared) as required by Section 509 of the New York State Vehicle and Traffic Law.
  8. Contractor must submit the vendor’s compliance status from Department of Motor Vehicles with the bid proposal.
  9. Contractor must have pass rate greater than 90% from New York State Department of Transportation regarding the bus company's equipment and maintenance record.
  10. Buses must be 2001 or newer and in excellent working condition
  11. Buses must have a minimum seating capacity of 44 adults.
  12. Contractor shall carry, pay for, and keep in force, with a company or companies licensed to do business in New York State, comprehensive general liability and comprehensive automobile liability. Required insurance:
    1. Commercial General Liability Insurance - $1,000,000 per occurrence/$2,000,000 aggregate.
    2. Automobile Liability - $5,000,000 combined single limit for owned, hired and borrowed and non-owned vehicles.
    3. Workers’ Compensation - Statutory Workers’ Compensation and Employers’ Liability Insurance for all employees.

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 http://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 http://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 http://www.oms.nysed.gov/fiscal/MWBE/forms.html.

Deliverables and/or Project Description
Detailed Specifications

The New York State Education Department, Summer School of the Arts is currently planning its transportation requirements for the 2011 summer session. It is the intention of the State Education Department to obtain the services of coach and/or school buses to be available for all dates and times on the attached sheets labeled Attachment A. The planned trips on Attachment A and number of buses required may vary slightly. Administrators from each of the three summer programs will contact the contracted bus company with firm schedules on a week-to-week basis. Final payment will be based on actual trips taken and the number of buses required in accordance with the hourly rates submitted in this bid. Invoices must be specific as to charges for each individual bus trip. NYSED will provide a minimum 24 hour notice to vendor to cancel any scheduled trip. Scheduled trips cancelled by NYSED prior to 24 hours of scheduled trip will not be billed by vendor.

Coaches are ordinarily used for longer trips. Storage areas in coaches are used to carry large instruments and equipment to avoid the rental of additional vehicles. Bathroom facilities are included on coaches and are necessary for longer trips.

Reimbursement Rate

The contractor will be reimbursed at an hourly rate.

See Bid form in Submission Documents

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.

Contract Period

NYSED will award one contract pursuant to this RFP. The contract(s) resulting from this RFP will be for a term beginning June 15, 2011 and ending August 31, 2011.

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. Collectively, the documents are referred to as the “Bid Documents”

Submit the documents #1-6 listed below in a sealed envelope labeled “Bid Response – RFP #11-003 Do Not Open”
Submit the documents listed in #7 below in a sealed envelope labeled “M/WBE Documents – RFP #11-003 Do Not Open”

  1. Response Sheet to Bids Signature Required
  2. Assurances: Signature Required
    • Non-collusion Certification
    • MacBride Certification
    • Certification-Omnibus Procurement Act of 1992
    • Certifications Regarding Lobbying; Debarment and Suspension; and Drug-Free Workplace Requirements
    • Offerer Disclosure of Prior Non-Responsibility Determinations
  3. Mandatory Requirements Certification Form Signature Required
  4. Bid Form Cost Proposal Signature Required
  5. Subcontracting Form Signature Required
  6. M/WBE Subcontracting/Supplier Form Signature Required
  7. M/WBE Documents
    • M/WBE Cover Letter Signature Required
    • M/WBE 100 Utilization Plan
    • M/WBE 102 Notice of Intent to Participate
    • EEO 100 Staffing Plan

The contract will be awarded based on the lowest total cost for the bus trips listed in Attachment A.

The proposal must be received by May 2, 2011 by 3:00 PM at NYSED in Albany, New York.

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Evaluation Criteria and Method of Award


Criteria for Evaluating Bids


Technical Criteria (Must meet all mandatory requirements to qualify)

Vendors responding to this RFP must meet all mandatory requirements.

Financial Criteria: (100%)

The lowest aggregate cost is the only criteria for awarding this contract.

The agency reserves the right to request best and final offers.

Method of Award

The State Education Department will award a contract to the responsible bidder that bids the lowest cost. The cost shall be the aggregate cost of all charges as represented by the cost “Rental of coach and/or School buses, meeting all detailed specifications listed in the bid proposal” stated on the bid form, which is included in Submission Documents. The price per bus/coach per hour stated on the Bid Form will not be used for scoring purposes, but will be used to establish rates that will be used in the event that the bus schedule changes.

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 – Judy Powers
Contract Administration Unit – Richard Duprey
M/WBE – Joan Ramsey

Consultant Disclosure Legislation

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

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

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

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

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

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

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

Public Officer’s Law Section 73

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

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

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

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

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Assurances

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

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

Appendix A – Standard Clause for all New York State Contracts contains the following 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)

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

  • Submission Documents | PDF PDF icon (176 KB) | Word Word document icon (338 KB)
  • Attachment A | PDF PDF icon (86 KB) | Word Word document icon (412 KB)

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Last Updated: April 21, 2011 9:44 AM