REQUEST FOR PROPOSAL (RFP)
RFP Proposal #12-006
NEW YORK STATE EDUCATION DEPARTMENT
Title: Angelo Del Toro Puerto Rican/Hispanic Youth Leadership PR/HYLI
The New York State Education Department (NYSED) is seeking proposals from qualified applicants to plan and conduct the Angelo Del Toro Puerto Rican/Hispanic Youth Leadership Institute (PR/HYLI), in conjunction with the New York State Assembly/Senate Puerto Rican and Hispanic Task Force (Task Force). Every year, the Task Force plans a statewide adult “SOMOS” conference for interested individuals to share their concerns on issues affecting the Latino community, and to suggest legislative action on programs that will address those concerns. The New York State Assembly sponsors the PR/HYLI in conjunction with the larger conference.
Eligible applicants include Boards of Cooperative Educational Services (BOCES), and Colleges or Universities with currently approved bilingual and/or English as a second language teacher education programs.
NYSED will award one (1) contract with a term of five (5) years, beginning on July 1, 2012 and ending on June 30, 2017.
Subcontracting will be limited to thirty percent (30%) 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 Enterprise (M/WBE) participation goals for this RFP. Please see the section on NYSED’s Minority/Women-Owned Business Enterprise (M/WBE) Compliance Requirements.
See Mandatory Requirements Section of the RFP.
Components contained in RFP Proposal #12-006 are as follows:
- Description Of Services To Be Performed
- Evaluation Criteria and Method of Award
- Submission Documents (separate document)
A Questions and Answers Summary is now posted.
Program MattersEdith Cruz
Fiscal MattersGary Yorkshire
M/WBE MattersJoan Ramsey
The following documents must be received at NYSED no later than March 19, 2012 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. M/WBE Documents—Three (3) copies (one bearing an original signature in blue ink)
4. A copy of the technical and cost proposal must also be submitted in Microsoft Word on CD-ROM.
The mailing address for all the above documentation is:
NYS Education Department
Bureau of Fiscal Management
(Facsimile copies of the proposals are NOT acceptable)
Submit each of the following documents in a separately sealed envelope:
Technical Proposal labeled Technical Proposal - RFP #12-006 Do Not Open
- Cost Proposal labeled Cost Proposal – RFP #12-006 Do Not Open
- M/WBE Documents labeled M/WBE Documents—RFP #12-006 Do Not Open
- A copy of the technical and cost proposal in Microsoft Word on CD-ROM labeled CD-ROM-RFP#12-006 Do Not Open.
1.) 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.
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. By signing this form, the contractor certifies that they can provide and/or meet all of the items listed below:
Mandatory Staffing Requirements:
- One (1) full-time Coordinator must be designated to manage all aspects of the program and to serve as the liaison with staff of NYSED.
MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE (M/WBE) COMPLIANCE REQUIREMENTS
Article 15-A identifies the State’s procurement goals for Minority Business Enterprise (MBE) and Women-Owned Business Enterprise (WBE) participation as 12% and 8%, respectively, of the annual contract budget or as specifically outlined in the RFP. NYSED’s intent is to comply with Article 15-A and all bidders must demonstrate a good faith effort to comply with these goals. 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.esd.ny.gov/MWBE.html .
Minority and Women-Owned Business Enterprise (M/WBE) participation includes any or 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 bidders must comply with the stated NYSED M/WBE goals. The contact person on M/WBE matters is available throughout the application and procurement process to assist bidders in meeting the M/WBE goals. In an effort to meet the M/WBE goals, NYSED reserves the right to approve the addition or deletion of subcontractors to enable bidders to comply with the M/WBE goals.
All bidders must document “good faith efforts” to comply with the M/WBE goals and provide meaningful participation by New York State Certified M/WBE subcontractors or suppliers in the performance of this contract. NYSED reserves the right to reject any bid for failure to document “good faith efforts” to comply with the stated M/WBE 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
The New York State Assembly/Senate Puerto Rican/Hispanic Task Force (Task Force) sponsors an annual Legislative Conference, entitled “SOMOS”, which provides a forum for Hispanics and all interested individuals to share their concerns on Hispanic issues, and suggest legislative remedies and programs that will address these concerns. In 1990, under the leadership of Assemblyman Angelo Del Toro, the first Puerto Rican/Hispanic Youth Leadership Institute (PR/HYLI) was developed and sponsored in collaboration with the New York State Assembly/Senate Task Force, The New York State Education Department, the New York City Department of Education, the College Board, and Aspira of New York, Inc.
The PR/HYLI has been designed for 200 junior and senior high school students throughout New York State. They represent the following seven delegations (the number of 2011 participants by region is in parentheses):
Capital District (10)
Long Island (36)
Hudson Valley (24)
New York City (100)
Western New York (10)
The PR/HYLI seeks to empower the Hispanic student population through student planning and decision making. To this end, the PR/HYLI has the following major goals relative to the participating youth:
- To develop leadership skills.
- To create opportunities for interaction with positive role models, such as Puerto Rican/Latino and other elected and appointed officials, educators and business leaders.
- To create partnerships and conversations between educators, business and students.
- To develop an understanding of the State legislative process.
The PR/HYLI website is located at http://prhyli.org/.
Under the leadership of the NYSED, Office of Bilingual Education and Foreign Language Studies (OBE/FLS), the contractor will assist participants in the PR/HYLI in developing skills in leadership, public speaking, parliamentary procedures, and an understanding of the New York State legislative process. The contractor will work with the NYC Department of Education (NYCDOE), the Task Force, and the state’s eight (8) Regional Bilingual Education Resource Network (RBE-RN’s) to promote these activities.
The PR/HYLI weekend is held in Albany during the Task Force Conference “SOMOS”, generally from Saturday through Monday in March or April of each year. Part of the Contractor’s responsibility will be to select outstanding high school students across the state, working in collaboration with districts or State funded networks such as RBE-RNs in their area. The selected students will go through intensive training based on a training manual developed collaboratively by former PR/HYLI statewide trainers from across the State.
Prior to their arrival in Albany, students learn the legislative process and select legislative initiatives to research and debate at the PR/HYLI. High school seniors will also be trained on writing scholarship essays and completing an application to compete for the Angelo Del Toro Scholarship Award. The culmination of this training takes place at the PR/HYLI, where participants engage in team-building activities, presentations on current issues, and visits with legislators and NYSED Board of Regents members.
Responsibilities of the PR/HYLI Coordinator
The PR/HYLI Coordinator will design, co facilitate, and oversee all training components to ensure that the training will result in a high quality educational experience for all students participating in the PR/HYLI. These responsibilities include meeting with the transportation committee (volunteers and RBE-RN staff), completing Mock Assembly seating arrangements, coordinating Color Guard (made up of student participants) for Mock Assembly, creating student emergency contact /medical condition lists, creating PR/HYLI overall weekend agenda and recognition dinner agenda, coordinating Monday's workshops/trainings/visits, coordinating meetings with suppliers and legislators, and disseminating invitations and request letters to legislators regarding the PR/HYLI program.
ANNUAL CYCLE OF THE PR/HYLI
Phase I: Training at Home Base
Training the Trainer
The contractor will conduct “train the trainer” sessions for approximately 27 delegation trainers. These trainers come from the RBE-RN’s and from the New York City Department of Education. The purpose of the training is to ensure that all activities and assignments (oral or written) provided by the trainers to student participants will be aligned with the New York State Common Core Learning Standards (CCLS) English Language Arts and Literacy (http://www.p12.nysed.gov/ciai/common_core_standards/ ).
The training will consist of an in-depth three (3) day training on the Training Manual at the site of the contractor. The Training Manual provides a complete training program aligned to the CCLS. The Training Manual has been developed and/or adapted specifically to advance the goals of the PR/HYLI. (see http://prhyli.org/ for training materials). Training materials which integrate the objectives of the New York State Education Department’s Social Studies Curriculum: U.S. History and New York State History, U.S. History and Government, and Participation in Government were identified and used in the development of the training manual. Videotapes about the legislative process were also used during the training process. The leadership training consists of three phases: Training at Home Base, the PR/HYLI Weekend, and the Post-PR/HYLI Follow-Up.
Trainers will go through activities that they will then share with their students. For example, the training will include an in-depth study of legislative bills. During the training, the participants will carefully read the bills, identify text based evidence to support pros and cons of the bills, and participate in a debate on the bills using text based evidence. This activity will serve the participants as a model of how to study the bills with student delegates and broaden their understanding of how this program supports the CCLS. The training will also incorporate team building, writing, and leadership activities that trainers can then take back to their delegation trainings.
Student participants are either juniors or seniors in high school. They are selected based upon evaluation of an application that contains a high school transcript, a short essay, letters of recommendation, and resumes.
The RBE-RNs and NYCDOE will conduct up to five intensive one-day training sessions annually in preparation for PR/HYLI for approximately 100 high school students from NYC and 100 high school students from outside NYC. The training will be conducted at a site to be determined by the RBE-RNs and NYCDOE. The trainers will train students in developing their leadership and public speaking skills, and will assist in increasing student understanding of the State's legislative process and parliamentary procedures. High school seniors will be provided additional training on writing a successful scholarship essay for the legislative scholarships. The contractor will work with the RBE-RNs in arranging bus transportation for student participants and chaperones attending PR/HYLI.
The initial phase of the participant training consists of intensive research, dialogue, discussion, debate, and role-playing at the local site over a period of three to four months prior to the PR/HYLI. Trainees focus on:
- Identification of local issues
- Understanding of the legislative process
- Study of selected bills
- Preparation of issues paper with recommendations
- Debate of bills using parliamentary procedures
Each student is assigned to a regional delegation based on the school he/she attends and/or the geographic community which he/she represents. This regional training helps students identify and unify with other Puerto Rican/Latino youth through discussion groups or “team building sessions,” to share the important issues facing them.
Student participants receive intensive leadership training skills that include debating, public speaking, research, and essay writing. In addition, students also receive training on parliamentary procedures and the State’s legislative process. Moreover, these training sessions include discussion of the bills that the students will debate during the Mock Assembly session.
As an outcome of their home training, the students also prepare statements, recommendations, and/or resolutions about issues of importance to the Latino community, which can be presented at Youth Forum, and/or local community events to a panel of invited legislators and experts in fields such as health and education.
Phase II: PR/HYLI Weekend
Phase II of the project culminates in the student’s participation at the three-day PR/HYLI weekend. The students participate in activities of the PR/HYLI which are specifically designed for them. In their team-building sessions, students work together with other student delegates and prepare presentations based on issues affecting them. Students lead discussions, moderate panels, present opening and closing remarks, and in general, run all aspects of the PR/HYLI.
The key activities include:
Team-building Activities: Saturday events are traditionally held at a local University in the Albany area and will focus on building a cohesive team among all student delegates participating in the PR/HYLI. This Activities include team-building activities to bring together students from across the state to form a single cohesive group. Students will develop research based and text based presentations based on issues that affect the Hispanic/Latino youth in their community and society at large. Students will work together as smaller groups to develop the presentations and will present their products prior to the closing of Saturday events.
Mock Assembly Session: The Mock Assembly Session is convened in the New York State Assembly Chambers. Each member of the Assembly is represented by a student delegate who is also assigned a “student-counsel” during the deliberation. The students, who have been thoroughly prepared on both the issues and legislative process during Phase I, debate four to five bills that are currently under consideration before the New York State Assembly. Debate arguments are based on research and are text-based supporting the implementation of the CCLS. Parliamentary procedures are followed throughout the debating process, and the voting results of these lively debates have historically been of great interest to the Assembly members who sponsor the PR/HYLI and beyond.
Student Delegate Recognition Dinner: The students participate and have an opportunity to hear presentations from public officials, network with legislators, educators and business leaders in a social setting. At the Student Recognition Dinner the participants enjoy dining and networking in a professional atmosphere.
Scholarships: A major aspect of PR/HYLI is the identification and awarding of scholarships to deserving students. Seniors who have applied to college are eligible to apply for the Angelo Del Toro Scholarship Award. Letters of recommendation, a recent HS transcript that evidences the student’s academic achievement, and an essay are evaluated in selecting the scholarship recipients. The winners are announced at the Student Delegate Recognition Dinner.
College & Career Development Workshops: These workshops are traditionally held at the hotel and offer PR/HYLI participants an opportunity to learn about career paths in such areas as the law, education, health, accounting, architecture and engineering. Information about college planning, financial aid, as well as testing and admissions procedures is shared with the youth.
Special Workshops: The PR/HYLI delegates participate in special workshops on topics of interest. The special workshop setting provides the opportunity for the delegates to present their concerns and recommendations about selected issues of importance to the Latino community throughout the State. The format of the special workshops may include a panel of experts in the area under discussion, as well as legislators who have been invited to attend.
Phase III: Post-PR/HYLI Follow-Up
After returning to their schools, trainers continue to work to generate opportunities to develop leadership potential among Puerto Rican and Hispanic youth. There should be a post conference debriefing session n organized by the PR/HYLI trainers where participants are able to share their reflections on the success of the program or any aspect of the program. Parents of participants are invited to attend these sessions. All planned activities and products (i.e., essays, oral and written testimony, etc.) that are required of the student participants should be consistent and conform to the CCLS as well as the basic objectives of the Race to the Top (RTTT) (http://usny.nysed.gov/rttt/ ) initiatives as applicable.
Phase IV: Program Evaluation
An evaluator will be responsible for the development of evaluation surveys and reports. An annual evaluation report must be completed for the PR/HYLI based on the completion of the deliverables outlined in the RFP. The report will be submitted directly to OBE-FLS. The OBE-FLS will annually evaluate the work of the PR/HYLI based on the following:
- Overarching PR/HYLI criteria.
- Yearly Performance Evaluation.
- Satisfaction survey(s) of participants.
- Yearly Action Plan, Annual Program Report, and Annual Survey.
- PR/HYLI regional site visits.
- Attendance and participation of PR/HYLI at bi-monthly Statewide/Regional Meetings in Albany.
- Youth Forums and or/phone interviews with student delegates, Parents and PR/HYLI trainers and Chaperones.
1 – Overarching PR/HYLI Criteria
The PR/HYLI will be evaluated based on the following overarching criteria for their work with Puerto Rican/Hispanic youth by (1) meeting established participation targets (approx. 200); (2) the attendance and participation levels; (3) the quality of performance (work produced) by participants; (4) the number of participants submitting required essays/issue papers; (5) the number of participants successfully completing the Mock Assembly session; and (6) the number of participants participating in college and career development workshops. These goals will be determined by annual collection and review of data and other information which document participation and achievement of basic objectives supporting the CCLS and/or the (RTTT) initiatives. A data base will be developed by the contractor to document all participants’ achievements (i.e., acceptance to universities and colleges, scholarship winners and other worthy merits received by the student delegates).
2 – Individual Performance Evaluation
A performance evaluation instrument for each PR/HYLI participant will be designed to determine whether individual goals and objectives established at the training have been met. This instrument will be developed in collaboration with each PR/HYLI Regional Trainer and OBE-FLS.
3 – Satisfaction Survey and Other Data Gathering Methods
A satisfaction survey will be administered to all participants in order to elicit feedback on the impact of the program on each participant at the regional level and for the PR/HYLI. Youth forums and/or phone interviews will also be held to elicit feedback from different stakeholders such as student participants, parents, trainers, chaperones and other individuals involved with the PR/HYLI.
4 – Contractor’s Yearly Regional Action Plan and Annual Report
The contractor will furnish a yearly Action Plan, an Interim Program Report, an Annual Program Report (including an Executive Summary and Data Collection Report) and a Final Evaluation Report in the time periods and format required by OBE-FLS.
5 – PR/HYLI Site Visits by OBE-FLS:
Each year, OBE-FLS staff will visit the PR/HYLI contractor site to conduct the following:
- Review Action Plan and annual survey results.
- Evaluate staff work to date.
- Meet with program administrators and/or PR/HYLI trainers as needed.
OBE-FLS will annually evaluate the work of PR/HYLI based on an analysis of the interim program reports and annual program reports. This evaluation will focus on the success of PR/HYLI in meeting the expectations set forth in the requirements, including:
- Analyzing and reviewing data (i.e. dissemination of materials, recording of informational inquiries, list of participants, number of students applying to college, and professional development activities).
- Effectiveness of PR/HYLI in implementing a program to enhance the academic achievement and educational opportunities for Hispanic youth.
- The success of PR/HYLI in building educational capacity to ensure that all students reach higher standards of excellence.
Timeline for Deliverables
The contractor will be responsible for the following:
- No later than 8 months prior to event:
- Meet with OBE-FLS to identify and decide program for PR/HYLI weekend. This will result in the Action Plan.
- Meet all parties involved during weekend to plan and collaborate for the upcoming PR/HYLI weekend.
- Identify possible legislative bills for mock assembly.
- Gather bids or otherwise identify suppliers for logistics (e.g. hotel, bus transportation, food). Hotel and food costs may not exceed State employee travel rates (www.gsa.gov ). The vendor will be responsible for securing University space for Saturday’s Team Building activities.
- Make reservations with the designated vendors.
- Meet with designated hotel(s) and caterers to plan logistics for lodging, meals and facilities.
- Update all statewide forms (www.prhyli.org )
- Begin recruitment process of student participants and disseminate all forms for regional recruitment and trainings for all delegations.
- Identify and contact legislative and other speakers for PR/HYLI program.
- Identify organizations for additional possible scholarships.
- Align latest training manual and activities with the CCLS.
- Develop three-day train the trainer model for all PRHYLI trainers to ensure consistency across NYS.
- Develop and maintain a statewide website that will house all required forms, videos, resources, and other items as required by the contract. These materials are currently maintained at http://prhyli.org/. All materials developed using contract funds are the property of NYSED.
- No later than 6 months prior to event:
- Send appropriate notification of all PR/HYLI activities to RBE-RNs, OBE-FLS, and NYCDOE. Follow up with RBE-RN on recruitment process, training dates, etc. Meet with trainers/chaperones and NYC and ROS trainers/chaperones to establish training program; training should take into account Race to the Top (RTTT) objectives (http://usny.nysed.gov/rttt/ ) concerning the highest standard of professional development.
- Provide Train the Trainer training to all PRHYLI trainers.
- Identify and order conference materials (e.g. pamphlets) needed for PR/HYLI weekend.
- Finalize the selection of bills to be debated at the mock assembly.
- Meet with chair and co-chairs of PR/HYLI to share information and provide updates regarding the PR/HYLI weekend and their participation.
- Meet with designated hotel staff to discuss specifics of weekend in Albany.
- Create interim program report for the OBE/FLS.
- Make follow-up phone calls to schools to identify school contact persons and establish communication with them.
- Once students are selected, notify each student and parents of the student’s nomination and share specifics of training dates and general program information. Prepare parent mailing with letter of congratulations and information on PR/HYLI.
- Identify and order materials needed for training sessions.
- Prepare record folder for each student participating in the PR/HYLI;
- No later than 4 months prior to event:
- Create and recruit volunteer and transportation committee members for the PR/HYLI weekend.
- Establish initial contact with Sergeant at Arms of the NYS Legislature and NYS Police to coordinate logistics.
- Gather conference materials for dissemination and insertion into student conference bags (contact hotel, legislative liaison, others).
- Order PR/HYLI pens and bags.
- Create agenda for the overall weekend.
- Send out invitation and information letters to all Assembly members, members of the NYSED Board of Regents, the Commissioner of Education and the Chancellor of the New York City Department of Education regarding the PR/HYLI weekend.
- No later than 3 months prior to event:
- Finalize recruitment and identification of student.
- Complete PR/HYLI participant folders and check that all information is complete and accurate.
- Meet with vendors, Chair and co-chairs for PR/HYLI to finalize proposals and plans for the PR/HYLI weekend
- Disseminate student roster to all training staff and chaperones.
- Organize hospitality for Saturday evening activity.
- No later than 2 months prior to event:
- Meet with the transportation committee.
- Work on seating arrangements in Mock Assembly.
- Coordinate Color Guard for Mock Assembly.
- Assist with scholarship application review/selection process.
- Meet with NYS police and security to discuss weekend plans and share names of transportation committee members.
- Create Calendar for mock assembly.
- Create and disseminate student emergency contact list and medical conditions;
- Create Chaperone contact list.
- Ensure that regional trainers invite their local legislators to trainings.
- No later than 1 month prior to event
- Confirm all hotel reservations/arrangements for entire statewide contingent.
- Work on seating arrangements in Mock Assembly.
- Provide final counts to all vendors.
- Complete PR/HYLI participant folders and check that all information is complete and accurate.
- Prepare packets/folders for the regional transportation coordinators with maps and other local information.
- Prepare conference bags for students.
- Obtain final count of all Legislators who will participate in weekend activities.
- Coordinate weekend program onsite (Friday through Monday).
- Create packets for chaperones with information regarding their specific students.
- Create student recognition dinner program.
- Order plaques for awards.
- Prepare and disseminate certificates of participation and appreciation for students and staff.
- Prepare and disseminate packets and T-shirts, by delegation.
- PR/HYLI Weekend Deliverables
- PR/HYLI Weekend Transportation.
- In coordination with OBE-FLS, the contractor will work with NYCDOE and the RBE-RNs to coordinate roundtrip bus transportation from their regions to Albany and within the Albany area during the PR/HYLI weekend. The contractor needs to budget for all associated busing expenses. The contractor should include in their budget all costs necessary for three (3) buses from the New York City area and five (5) buses from the rest of the state. Contractor will prepare maps and notify bus companies and appropriate authorities (i.e. Legislators, State Police, University of Albany and Empire State Plaza officials) about the arrival and parking of the buses and PR/HYLI activities.
- Contractor will rent approximately four walkie-talkies to be used during the weekend activity for communicating with buses.
- Lodging for PR/HYLI participants.
- During the weekend of the PR/HYLI, the contractor will work with each delegation and be responsible for coordinating hotel arrangements for approximately 200 high school students and 37 chaperones. The contractor will pay for all hotel accommodations. On Friday, the contractor will work with the hotel to accommodate approximately 25 students and six (6) chaperones from the Western and Monroe Delegations. On Saturday, the remainder of the participants will arrive and require hotel accommodations. The contractor will make sure each delegation receives room assignments and keys.
- The contractor should include in their budget the costs of hotel accommodations for 31 participants on Friday night and a total of 240 participants on Saturday and Sunday nights. The contractor should base their projected hotel costs on double occupancy. (i.e.: 240 participants would require a total of 120 rooms),
c. Weekend Meals for PR/HYLI participants and chaperones. Contractor will budget for the costs of all meals for all participants during the PR/HYLI weekend as follows:
- Dinner at designated hotel for approximately 31 members of the Western/Monroe Delegations.
- Breakfast at designated hotel for approximately 31 members of the Western Monroe Delegations.
- Saturday lunch and snacks at University for approximately 275 participants.
- Saturday Dinner at designated University and late evening snacks at hotel for approximately 275 participants.
- Breakfast at designated hotel for approximately 250 participants;
- Lunch for approximately 275 participants.
- Dinner for approximately 275 participants.
- Late evening snacks for approximately 250 participants.
- Breakfast and box lunch for approximately 250 participants
- Organize and create agenda for the PR/HYLI state wide debriefing meeting.
- Prepare summary of PR/HYLI evaluations to present at debriefing meeting at the site of the contractor.
- Prepare final report for OBE/FLS.
- Follow up and disseminate Scholarship checks.
- Process all final payments to vendors.
- Disseminate thank you letters to Legislators, participants, speakers, NYS police, etc.
- Consolidate all PR/HYLI participant folders and check that all information is complete and accurate.
- Provide transportation coordinator with all pertinent information (ie maps, schedules, and agendas).
- Collect student delegate surveys.
- Collect and summarize all information pertaining to the Saturday’s activity and present information to the SOMOS Task Force chair and PR/HYLI chairperson.
- Meet with SOMOS and the Task Force to debrief PR/HYLI’s weekend.
- Coordinate final evaluation of the PR/HYLI.
- Meet with OBE/FLS to provide feedback and improvements for the upcoming PR/HYLI.
Summary of activities required for PR/HYLI weekend in Albany
Contractor will coordinate with OBE/FLS and work with the PR/HYLI committee on the following activities:
- Conduct “train the trainer” sessions with the RBE-RNs and the NYCDOE as described above.
- Work with NYCDOE and the RBE-RNs to coordinate training of participants and chaperones in their home base and in Albany during the weekend conference, and will prepare roster lists for PR/HYLI weekend activity;
- Work with NYCDOE and the RBE-RNs to select student participants for the Mock Assembly, students for the PR/HYLI color guard and chorus;
- Prepare and distribute all appropriate forms and student contracts to all PR/HYLI participants;
- Research and organize legislative bills to be debated and will distribute to all delegations involved in the PR/HYLI;
- Plan and coordinate logistics with legislators, agency/building facilities and others working on the PR/HYLI weekend;
- Work with PR/HYLI committee to coordinate logistics for weekend PR/HYLI, i.e. select and assign roles for Mock Assembly, assign seating in the Assembly Parlor, select student roles (e.g. Master of Ceremony) for student recognition dinner and workshops;
- Prepare, edit and print approximately 275 copies of the conference program, Sunday student recognition dinner menu, Sunday dinner tickets, all PR/HYLI forms, including letters to schools and printing of Legislative Members brochure;
- Plan and coordinate Saturday’s team building activity;
- Work with volunteers to coordinate conference (PR/HYLI) registration and Saturday’s Hospitality Room for chaperones/consultants;
- Work with legislative task force to acquire 275 copies of Certificates of Appreciation and Participation to be distributed to conference participants;
- Plan and coordinate Saturday’s team building activity;
- Work with Scholarship Committee to select approximately twenty students to be awarded scholarships during the Sunday student recognition dinner;
- Meet with the T-shirt vendor to order approximately 275 PR/HYLI t-shirts for the conference weekend. The contractor will NOT be responsible for the costs of the shirts;
- Work with committee and delegations to coordinate Monday workshops and visits to selected State legislative offices;
- Prepare evaluation form to be disseminated during the PR/HYLI weekend in order to receive feedback about the conference;
- Prepare thank you letters to all who participated in the PR/HYLI;
- Prepare a Yearly Action Plan, Interim Program Reports, and Annual Program Report on all PR/HYLI activities.
Contribution and Donations The items below are donated each year and are for informational purposes only. They are not to be factored into the applicant’s cost proposal.
The Somos El Futuro Foundation will provide 20 scholarships at $500 each.
Somos El Futuro Foundation will provide approximately 350 PR/HYLI t-shirts for PR/HYLI participants.
Somos El Futuro Foundation will provide a disk jockey (DJ) for student recognition dinner on Sunday.
Somos El Futuro Foundation will provide approximately three plaques to be awarded to selected individuals.
Printing of Mock Assembly Bills
The Assembly/Senate Legislative Task Force PR/HYLI Chairperson will provide approximately 350 copies of the Legislative Mock Assembly Bill and handouts on the legislative process to PR/HYLI participants. They will print certificates of participation and appreciation.
Assembly photographers will provide pictures of the PR/HYLI scholarship winners.
Handouts will be provided by NYSED and/or other vendors.
Assembly/Senate Task Force will provide access to Capitol facilities for Sunday’s Mock Assembly activity.
The contractor will submit an updated and detailed annual work plan of activities at least 30 days before the start of each contract year (by June 1 of 2013, 2014, 2015 and 2016, respectively) to NYSED for review and approval. The updated annual work plan will be consistent with the required deliverables as referenced in the RFP.
The Coordinator is required to attend three (3) OBE-FLS meetings per year in Albany.
Prepare and submit quarterly expenditure reports, an interim program report, and an annual program report. Quarterly expenditure reports must include a detailed breakdown outlining how contract funds are being expended. Quarterly expenditure reports will be due on the last day of October, January, April, and July of each contract year. The first quarterly expenditure report will be due on October 31, 2012.
Quarterly payments will be made to the contractor once quarterly expenditure reports have been submitted by the contractor and have been reviewed and approved by NYSED program staff. Failure to submit the required expenditure reports may result in the suspension of future payments.
The interim program report will be due on the last day of January of each contract year. The first interim program report will be due on January 31, 2013. The annual program report will be due on the last day of July of each contract year. The first annual program report will be due on July 31, 2013. The annual program report must include a summation of the previous year’s activities and a summary of the success of the program. The final annual report will be due on July 31, 2017.
NYSED will award one (1) contract with a term of (5) years, beginning on July 1, 2012 and ending on June 30, 2017.
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 will be limited to thirty percent (30%) of the annual contract budget. Subcontracting is defined as non-employee direct personal services and related incidental expenses, including travel.
If the contractor proposes to change subcontractors, including consultants and key staff, during the contract period, NYSED must be notified prior to the change. NYSED reserves the right to reject any replacement subcontractors proposed by the contractor 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 contractor 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:
a. 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.
b. 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.
c. 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).
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 .
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 . The contractor must document its good faith efforts as set forth in 5 NYCRR 142.8. This document, Contractors Good Faith Efforts, can be found in the M/WBE Submission Documents.
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.
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:
I. Whether the contractor has advertised in general circulation media, trade association publications and minority-focused and women-focused media and, in such event;
a. 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
b. 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.
II. 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
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.
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 www.osc.state.ny.us/epay/index.htm .
Documents to be submitted with this proposal
This section details the submission document or documents that are expected to be transmitted by the respondent to the State Education Department in response to this RFP. New York State Education Department shall own all materials, processes, and products (software, code, documentation and other written materials) developed under this contract. Materials prepared under this contract shall be in a form that will be ready for copyright in the name of the New York State Education Department. Any sub-contractor is also bound by these terms. The submission will become the basis on which NYSED will judge the respondent’s ability to perform the required services as laid out in the RFP. This will be followed by various terms and conditions that reflect the specific needs of this project.
The proposal submitted in response to this RFP must include the following documents:
1. Technical Proposal—Five (5) copies (one bearing an original signature in blue ink)
2. Cost Proposal—Three (3) copies (one bearing an original signature in blue ink)
3. Microsoft Word (CD format)—One (1) electronic version with both the technical and cost proposals. Please place the CD-ROM in the technical proposal envelope.
4. M/WBE Documents—Three (3) copies (one bearing an original signature in blue ink)
The proposal must be received by March 19, 2012 by 3:00 PM at NYSED in Albany, New York.
Bidders should specify all details and dates required to evaluate the technical proposal in the project description. No optional deliverables to be provided at an additional cost should be included and will not be considered in the evaluation of the technical proposal. Contractual terms, conditions and assumptions are inappropriate for inclusion in the proposal.
Any proprietary material considered confidential by the bidder must specifically be so identified, and the basis for such confidentiality must be specifically set forth in the proposal.
Note: Proposals must be labeled “RFP#12-006 PR/HYLI. 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 Technical Proposal must be mailed in a separate envelope labeled, “RFP#12-006 Technical Proposal Do Not Open” and must include 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
- Project Description
- Work Plan
Project Description (Label each section as noted below so that it is immediately clear that all parts are included.)
Section 1: Project Description (No Points)
One-page abstract that succinctly describes the professional development/training plan and the bidder’s ability and experience providing the deliverables (activities) described in the plan.
Section II: Oversight (30 Points)
Provide information about the mission, goals, and areas of expertise of the bidder.
Describe the bidder’s past experience and current capacity to complete the proposed activities, including successes with other state or federal funded programs.
Describe the experience and success the bidder has providing educational programs aligned to state standards training (or professional development/training services) to Hispanic youth.
Describe the experience and success the bidder has providing training (or professional development/training activities) that are consistent with State academic standards.
Describe the qualifications of professional staff with emphasis on their education, training and experience. Include resumes of the coordinator and other professional staff. If applicable, describe the qualifications, including relevant training and experience, of subcontractors and/or consultants.
Describe the experience of the bidder in website development and maintenance.
Section III: Work Plan for Year One (40 Points)
The Work Plan should provide a comprehensive description of the proposed activities that will support the plan and their alignment with Common Core State standards.
Describe the proposed strategy to work with the conference planners for the Task Force conference.
Provide details about how the project will be administered and coordinated.
Provide details about how the activities will make use of integration of technology and/or web based communication.
Describe the method of evaluation, including the use of attendance and participation records, student surveys, interviews, record of completion of activities (or deliverables) written samples of student presentations, as well as other objective performance measures that will be used to determine the effectiveness of the training (or professional development) and other project activities (in concert with RTTT objectives concerning the development and use of data as a vehicle of a comprehensive evaluation program).
Describe the person(s) who will be responsible for the evaluation and how evaluation results will be used to refine, improve, and strengthen the delivery of training (or professional development) programs in succeeding years.
Cost Proposal (30 Points)
The original plus two (2) copies of the completed Cost Proposal must be mailed in a separate envelope labeled RFP #12-006-Cost Proposal-Do Not Open and must include the following:
1.) Bid Form Cost Proposal for Year One (7/1/12-6/30/13)
2.) Five Year Budget Summary (7/1/12-6/30/17)
3.) Subcontracting Form
4.) M/WBE Subcontractor/Supplier Form
5.) Budget Narrative
Provide a detailed budget for the first year (7/1/12-6/30/13) as well as a five year budget summary for the period 7/1/12-6/30/17.
Bidders must include a budget narrative section (no points given) to support the activities described in the work plan.
The budget narrative will include a description of necessary expenditures within the categories of salaries, subcontracting, supplies and materials, travel, employee benefits, and indirect costs. It is expected that the greatest portion of the allocation be devoted to the provision of direct services to support the programs. The bidder is not responsible for stipends to the teachers, substitute teacher costs, or travel costs for the nonpublic teachers (no points given).
Instructional supplies and materials are limited to ten percent (10%) of the annual contract budget.
Budgets must be submitted using whole dollar numbers.
The budget forms 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 five year budget summary.
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 #12-006-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
- 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 seventy percent (70%) of the points available for the technical proposal (a total of 49 out of 70) will move to the next step of the process. Proposals with a score of less than 49 points in the Technical Criteria 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 bidder meets the following criteria:
Section 1: Project Description (No Points)
One-page abstract that succinctly describes the professional development plan and the bidder’s ability and experience providing the deliverables (activities) described in the plan.
Section II: Oversight (30 Points)
Provides information about the mission, goals, and areas of expertise of the bidder. (6 Points)
Describes the bidder’s past experience and current capacity to complete the proposed activities, including successes with other state or federal funded programs. (6 Points)
Describes the experience and success the bidder has providing educational programs aligned to state standards training (or professional development services) to Hispanic youth. (5 Points)
Describes the experience and success the bidder has providing training (or professional development activities) that are consistent with State academic standards. (5 Points)
Describes the qualifications of professional staff with emphasis on their education, training and experience. Includes resumes of the coordinator and other professional staff. If applicable, describes the qualifications, including relevant training and experience, of subcontractors and/or consultants. (5 Points)
Describes the experience of the bidder in website development and maintenance. (3 Points)
Section III: Work Plan for Year One (40 Points)
The Work Plan provides a comprehensive description of the proposed activities that will support the plan and their alignment with Common Core State standards. (10 Points)
Describes the proposed strategy to work with the conference planners for the Task Force conference. (5 Points)
Provides details about how the project will be administered and coordinated. (5 Points)
Provides details about how the activities will make use of integration of technology and/or web based communication. (5 Points)
Describes the method of evaluation, including the use of attendance and participation records, student surveys, interviews, record of completion of activities (or deliverables) written samples of student presentations, as well as other objective performance measures that will be used to determine the effectiveness of the training (or professional development) and other project activities (in concert with RTTT objectives concerning the development and use of data as a vehicle of a comprehensive evaluation program). (10 Points)
Describes the person(s) who will be responsible for the evaluation and how evaluation results will be used to refine, improve, and strengthen the delivery of training (or professional development) programs in succeeding years. (5 Points)
Financial Criteria (30 Points)
The proposed budgets should outline the use of funds. 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.
The Financial Criteria portion of the RFP will be scored based upon the grand total of the 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.
- NYSED reserves the right to request best and final offers. In the event NYSED exercises this right, all bidders that meet the minimum technical score will be asked to provide a best and final offer. The Contract Administration Unit will recalculate the financial score.
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 bidder whose aggregate technical and cost score is the highest among all the proposals rated. If NYSED exercises the right to request best and final offers, the contract must be issued to the bidder with the highest aggregate technical and financial score that results from the best and final offer.
In the event that more than one proposal obtains the highest aggregate score, the contract will be awarded to the bidder 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 negotiate a final best price. 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.
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.
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:
NYSEDrecommends that vendors file the required Vendor Responsibility Questionnaire online via the New York State VendRep System. 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 or go directly to the VendRep System online at https://portal.osc.state.ny.us.
Vendors must provide their New York State Vendor Identification Number when enrolling. To request assignment of a Vendor ID or for VendRep System assistance, contact the Office of the State Comptroller’s Help Desk at 866-370-4672 or 518-408-4672 or by email at firstname.lastname@example.org.
Vendors opting to complete and submit a paper questionnaire can obtain the appropriate questionnaire from the VendRep website www.osc.state.ny.us/vendrep 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 – (Edith Cruz)
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 - 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
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 - 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
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.
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.
(i) The term "state officer or employee" shall mean:
(i) 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;
(ii) officers and employees of statewide elected officials;
(iii) 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
(iv) 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.
NYSED Substitute Form W-9
Any payee/vendor/organization receiving Federal and/or State payments from NYSED must complete the NYSED Substitute Form W-9 if they are not yet registered in the Statewide Financial System centralized vendor file.
The NYS Education Department (NYSED) is using the NYSED Substitute Form W-9 to obtain certification of a vendor’s Tax Identification Number in order to facilitate a vendor’s registration with the SFS centralized vendor file and to ensure accuracy of information contained therein. We ask for the information on the NYSED Substitute Form W-9 to carry out the Internal Revenue laws of the United States.
The State of New York Agreement, Appendix A – Standard Clause for all New York State Contracts, and Appendix A-1 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:
(Signature Required - the form is included in Submission Documents)
(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)
NYSED Substitute Form W-9
(Signature Required – the form is located 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
STATE OF NEW YORK AGREEMENT
This AGREEMENT is hereby made by and between the People of the State of New York, acting through John B. King, Jr., Commissioner of Education of the State of New York and Chief Executive Officer of the Board of Regents of the University of the State of New York, party of the first part, hereinafter referred to as the (STATE) and the public or private agency (CONTRACTOR) identified on the face page hereof.
WHEREAS, the STATE has the authority to regulate and provide funding for the establishment and operation of program services and desires to contract with skilled parties possessing the necessary resources to provide such services; and
WHEREAS, the CONTRACTOR is ready, willing and able to provide such program services and possesses or can make available all necessary qualified personnel, licenses, facilities and expertise to perform or have performed the services required pursuant to the terms of this AGREEMENT;
NOW THEREFORE, in consideration of the promises, responsibilities and covenants herein, the STATE and the CONTRACTOR agree as follows:
I. Conditions of Agreement
A. This AGREEMENT may consist of successive periods (PERIOD), as specified within the AGREEMENT or within a subsequent Modification Agreement(s) (Appendix X). Each additional or superseding PERIOD shall be on the forms specified by the particular State agency, and shall be incorporated into this AGREEMENT.
B. Funding for the first PERIOD shall not exceed the funding amount specified on the face page hereof. Funding for each subsequent PERIOD, if any, shall not exceed the amount specified in the appropriate appendix for that PERIOD.
C. This AGREEMENT incorporates the face pages attached and all of the marked appendices identified on the face page hereof.
D. For each succeeding PERIOD of this AGREEMENT, the parties shall prepare new appendices, to the extent that any require modification, and a Modification Agreement (The attached Appendix X is the blank form to be used). Any terms of this AGREEMENT not modified shall remain in effect for each PERIOD of the AGREEMENT.
To modify the AGREEMENT within an existing PERIOD, the parties shall revise or complete the appropriate appendix form(s). Any change in the amount of consideration to be paid, or change in the term, is subject to the approval of the Office of the State Comptroller. Any other modifications shall be processed in accordance with agency guidelines as stated in Appendix A1.
E. The CONTRACTOR shall perform all services to the satisfaction of the STATE. The CONTRACTOR shall provide services and meet the program objectives summarized in the Program Workplan (Appendix D) in accordance with: provisions of the AGREEMENT; relevant laws, rules and regulations, administrative and fiscal guidelines; and where applicable, operating certificates for facilities or licenses for an activity or program.
F. If the CONTRACTOR enters into subcontracts for the performance of work pursuant to this AGREEMENT, the CONTRACTOR shall take full responsibility for the acts and omissions of its subcontractors. Nothing in the subcontract shall impair the rights of the STATE under this AGREEMENT. No contractual relationship shall be deemed to exist between the subcontractor and the STATE.
G. Appendix A (Standard Clauses as required by the Attorney General for all State contracts) takes precedence over all other parts of the AGREEMENT.
II. Payment and Reporting
A. The CONTRACTOR, to be eligible for payment, shall submit to the STATE's designated payment office (identified in Appendix C) any appropriate documentation as required by the Payment and Reporting Schedule (Appendix C) and by agency fiscal guidelines, in a manner acceptable to the STATE.
B. The STATE shall make payments and any reconciliations in accordance with the Payment and Reporting Schedule (Appendix C). The STATE shall pay the CONTRACTOR, in consideration of contract services for a given PERIOD, a sum not to exceed the amount noted on the face page hereof or in the respective Appendix designating the payment amount for that given PERIOD. This sum shall not duplicate reimbursement from other sources for CONTRACTOR costs and services provided pursuant to this AGREEMENT.
C. The CONTRACTOR shall meet the audit requirements specified by the STATE.
A. This AGREEMENT may be terminated at any time upon mutual written consent of the STATE and the CONTRACTOR.
B. The STATE may terminate the AGREEMENT immediately, upon written notice of termination to the CONTRACTOR, if the CONTRACTOR fails to comply with the terms and conditions of this AGREEMENT and/or with any laws, rules, regulations, policies or procedures affecting this AGREEMENT.
C. The STATE may also terminate this AGREEMENT for any reason in accordance with provisions set forth in Appendix A1.
D. Written notice of termination, where required, shall be sent by personal messenger service or by certified mail, return receipt requested. The termination shall be effective in accordance with the terms of the notice.
E. Upon receipt of notice of termination, the CONTRACTOR agrees to cancel, prior to the effective date of any prospective termination, as many outstanding obligations as possible, and agrees not to incur any new obligations after receipt of the notice without approval by the STATE.
F. The STATE shall be responsible for payment on claims pursuant to services provided and costs incurred pursuant to terms of the AGREEMENT. In no event shall the STATE be liable for expenses and obligations arising from the program(s) in this AGREEMENT after the termination date.
A. The CONTRACTOR shall be solely responsible and answerable in damages for any and all accidents and/or injuries to persons (including death) or property arising out of or related to the services to be rendered by the CONTRACTOR or its subcontractors pursuant to this AGREEMENT. The CONTRACTOR shall indemnify and hold harmless the STATE and its officers and employees from claims, suits, actions, damages and costs of every nature arising out of the provision of services pursuant to this AGREEMENT.
B. The CONTRACTOR is an independent contractor and may neither hold itself out nor claim to be an officer, employee or subdivision of the STATE nor make any claim, demand or application to or for any right based upon any different status.
Any equipment, furniture, supplies or other property purchased pursuant to this AGREEMENT is deemed to be the property of the STATE except as may otherwise be governed by Federal or State laws, rules or regulations, or as stated in Appendix Al.
VI. Safeguards for Services and Confidentiality
A. Services performed pursuant to this AGREEMENT are secular in nature and shall be performed in a manner that does not discriminate on the basis of religious belief, or promote or discourage adherence to religion in general or particular religious beliefs.
B. Funds provided pursuant to this AGREEMENT shall not be used for any partisan political activity, or for activities that may influence legislation or the election or defeat of any candidate for public office.
C. Information relating to individuals who may receive services pursuant to this AGREEMENT shall be maintained and used only for the purposes intended under the contract and in conformity with applicable provisions of laws and regulations, or specified in Appendix A1.
STANDARD CLAUSES FOR NYS CONTRACTS
The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party):
1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract.
2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the State’s previous written consent, and attempts to do so are null and void. Notwithstanding the foregoing, such prior written consent of an assignment of a contract let pursuant to Article XI of the State Finance Law may be waived at the discretion of the contracting agency and with the concurrence of the State Comptroller where the original contract was subject to the State Comptroller’s approval, where the assignment is due to a reorganization, merger or consolidation of the Contractor’s business entity or enterprise. The State retains its right to approve an assignment and to require that any Contractor demonstrate its responsibility to do business with the State. The Contractor may, however, assign its right to receive payments without the State’s prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law.
3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $50,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $10,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. Comptroller's approval of contracts let by the Office of General Services is required when such contracts exceed $85,000 (State Finance Law Section 163.6.a).
4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law.
5. NON-DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition or carrier status, or marital status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation.
6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. Additionally, effective April 28, 2008, if this is a public work contract covered by Article 8 of the Labor Law, the Contractor understands and agrees that the filing of payrolls in a manner consistent with Subdivision 3-a of Section 220 of the Labor Law shall be a condition precedent to payment by the State of any State approved sums due and owing for work done upon the project.
7. NON-COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139-d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non-collusive bidding certification on Contractor's behalf.
8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2NYCRR 105.4).
9. SET-OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller.
10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, "the Records"). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute") provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation.
11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION. (a) Identification Number(s). Every invoice or New York State Claim for Payment submitted to a New York State agency by a payee, for payment for the sale of goods or services or for transactions (e.g., leases, easements, licenses, etc.) related to real or personal property must include the payee's identification number. The number is any or all of the following: (i) the payee’s Federal employer identification number, (ii) the payee’s Federal social security number, and/or (iii) the payee’s Vendor Identification Number assigned by the Statewide Financial System. Failure to include such number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or Claim for Payment, must give the reason or reasons why the payee does not have such number or numbers.
(b) Privacy Notification. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in the Statewide Financial System by the Vendor Management Unit within the Bureau of State Expenditures, Office of the State Comptroller, 110 State Street, Albany, New York 12236.
12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In accordance with Section 312 of the Executive Law and 5 NYCRR 143, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then the following shall apply and by signing this agreement the Contractor certifies and affirms that it is Contractor’s equal employment opportunity policy that:
(a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on State contracts 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. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation;
(b) at the request of the contracting agency, 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 or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor's obligations herein; and
(c) 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 or marital status.
Contractor will include the provisions of "a", "b", and "c" above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this section. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Department of Economic Development’s Division of Minority and Women's Business Development pertaining hereto.
13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control.
14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise.
15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article 11-A of the State Finance Law to the extent required by law.
16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York.
17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond.
18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS. The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of Section 165 of the State Finance Law, (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the responsibility of the contractor to establish to meet with the approval of the State.
In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in §165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State.
19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles.
20. OMNIBUS PROCUREMENT ACT OF 1992. It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts.
Information on the availability of New York State subcontractors and suppliers is available from:
NYS Department of Economic Development
Division for Small Business
30 South Pearl St -- 7th Floor
Albany, New York 12245
A directory of certified minority and women-owned business enterprises is available from:
NYS Department of Economic Development
Division of Minority and Women's Business Development
30 South Pearl St -- 2nd Floor
Albany, New York 12245
The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than $1 million:
(a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women-owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State;
(b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92-261), as amended;
(c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and
(d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts.
21. RECIPROCITY AND SANCTIONS PROVISIONS. Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively) require that they be denied contracts which they would otherwise obtain. NOTE: As of May 15, 2002, the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii. Contact NYS Department of Economic Development for a current list of jurisdictions subject to this provision.
22. COMPLIANCE WITH NEW YORK STATE INFORMATION SECURITY BREACH AND NOTIFICATION ACT. Contractor shall comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law Section 899-aa; State Technology Law Section 208).
23. COMPLIANCE WITH CONSULTANT DISCLOSURE LAW. If this is a contract for consulting services, defined for purposes of this requirement to include analysis, evaluation, research, training, data processing, computer programming, engineering, environmental, health, and mental health services, accounting, auditing, paralegal, legal or similar services, then, in accordance with Section 163 (4-g) of the State Finance Law (as amended by Chapter 10 of the Laws of 2006), the Contractor shall timely, accurately and properly comply with the requirement to submit an annual employment report for the contract to the agency that awarded the contract, the Department of Civil Service and the State Comptroller.
24. PROCUREMENT LOBBYING. To the extent this agreement is a "procurement contract" as defined by
State Finance Law Sections 139-j and 139-k, by signing this agreement the contractor certifies and affirms that all disclosures made in accordance with State Finance Law Sections 139-j and 139-k are complete, true and accurate. In the event such certification is found to be intentionally false or intentionally incomplete, the State may terminate the agreement by providing written notification to the Contractor in accordance with the terms of the agreement.
25. CERTIFICATION OF REGISTRATION TO COLLECT SALES AND COMPENSATING USE TAX BY CERTAIN STATE CONTRACTORS, AFFILIATES AND SUBCONTRACTORS.
To the extent this agreement is a contract as defined by Tax Law Section 5-a, if the contractor fails to make the certification required by Tax Law Section 5-a or if during the term of the contract, the Department of Taxation and Finance or the covered agency, as defined by Tax Law 5-a, discovers that the certification, made under penalty of perjury, is false, then such failure to file or false certification shall be a material breach of this contract and this contract may be terminated, by providing written notification to the Contractor in accordance with the terms of the agreement, if the covered agency determines that such action is in the best interest of the State. (December 2011)
Payment and Reporting
- In the event that Contractor shall receive, from any source whatsoever, sums the payment of which is in consideration for the same costs and services provided to the State, the monetary obligation of the State hereunder shall be reduced by an equivalent amount provided, however, that nothing contained herein shall require such reimbursement where additional similar services are provided and no duplicative payments are received.
- Variations in each budget category not exceeding ten percent (10%) of such category may be approved by the Commissioner of Education. Any such variations shall be reflected in the final expenditure report and filed in the Office of the State Comptroller. Variations in each budget category which do exceed ten percent (10%) of such category must be submitted to the Office of the State Comptroller for approval.
- For each individual for whom costs are claimed under this agreement, the contractor warrants that the individual has been classified as an employee or as an independent contractor in accordance with 2 NYCRR 315 and all applicable laws including, but not limited to, the Internal Revenue Code, the New York Retirement and Social Security Law, the New York Education Law, the New York Labor Law, and the New York Tax Law. Furthermore, the contractor warrants that all project funds allocated to the proposed budget for Employee Benefits, represent costs for employees of the contractor only and that such funds will not be expended on any individual classified as an independent contractor.
- The State may terminate this Agreement without cause by thirty (30) days prior written notice. In the event of such termination, the parties will adjust the accounts due and the Contractor will undertake no additional expenditures not already required. Upon any such termination, the parties shall endeavor in an orderly manner to wind down activities hereunder.
- SED reserves the right to terminate this Agreement in the event it is found that the certification by the Contractor in accordance with New York State Finance Law §139-k was intentionally false or intentionally incomplete. Upon such finding, SED may exercise its termination right by providing written notification to the Contractor in accordance with the written notification terms of this Agreement.
- The Contractor shall maintain a complete inventory of all realty, equipment and other non-expendable assets including, but not limited to, books, paintings, artifacts, rare coins, antiques and other collectible items purchased, improved or developed under this agreement. The Contractor shall submit a copy of the inventory in a form identical to or essentially similar to, Exhibit A annexed hereto. The term "non-expendable assets" shall mean for the purposes of this agreement any and all assets which are not consumed during the term of this agreement and which have a cost of One Thousand Dollars ($1,000) or more.
Inventories for non-expendable assets must be submitted with the final expenditure report. In addition to or as part of whatever rights the State may have with respect to the inspection of the Contractor, the State shall have the right to inspect the inventory without notice to the Contractor.
The Contractor shall not at any time sell, trade, convey or otherwise dispose of any non-expendable assets having a market value in excess of Two Thousand Dollars ($2,000) at the time of the desired disposition without the express permission of the State. The Contractor may seek permission in writing by certified mail to the State.
The Contractor shall not at any time use or allow to be used any non-expendable assets in a manner inconsistent with the purposes of this agreement.
- If the Contractor wishes to continue to use any of the non-expendable assets purchased with the funds available under this agreement upon the termination of this agreement, it shall request permission from the State in writing for such continued use within twenty-five (25) days of the termination of this agreement. The Contractor's request shall itemize the non-expendable assets for which continued use is sought. The State may accept, reject or accept in part such request. If the request for continued use is allowed to any degree, it shall be conditioned upon the fact that said equipment shall continue to be used in accordance with the purposes of this agreement.
If after the State grants permission to the Contractor for "continued use" as set forth above the non-expendable assets are not used in accordance with the purposes of this agreement, the State in its discretion may elect to take title to such assets and may assert its right to possession upon thirty (30) days prior written notice by certified mail to the Contractor. The State upon obtaining such non-expendable assets may arrange for their further use in the public interest as it in its discretion may decide.
- Upon termination of this agreement, the State in its discretion may elect to take title and may assert its right to possession of any non-expendable assets upon thirty (30) days prior written notice by certified mail to the Contractor. The State's option to elect to take title shall be triggered by the termination of this agreement or by the State's rejection of continued use of non-expendable assets by the Contractor as set forth herein. The State upon obtaining such non-expendable assets may arrange for their further use in the public interest as it in its discretion may decide.
- The terms and conditions set forth herein regarding non-expendable assets shall survive the expiration or termination, for whatever reason, of this agreement.
Safeguards for Services and Confidentiality
- Any copyrightable work produced pursuant to said agreement shall be the sole and exclusive property of the New York State Education Department. The material prepared under the terms of this agreement by the Contractor shall be prepared by the Contractor in a form so that it will be ready for copyright in the name of the New York State Education Department. Should the Contractor use the services of consultants or other organizations or individuals who are not regular employees of the Contractor, the Contractor and such organization or individual shall, prior to the performance of any work pursuant to this agreement, enter into a written agreement, duly executed, which shall set forth the services to be provided by such organization or individual and the consideration therefor. Such agreement shall provide that any copyrightable work produced pursuant to said agreement shall be the sole and exclusive property of the New York State Education Department and that such work shall be prepared in a form ready for copyright by the New York State Education Department. A copy of such agreement shall be provided to the State.
- All reports of research, studies, publications, workshops, announcements, and other activities funded as a result of this proposal will acknowledge the support provided by the State of New York.
- This agreement cannot be modified, amended, or otherwise changed except by a writing signed by all parties to this contract.
- No failure to assert any rights or remedies available to the State under this agreement shall be considered a waiver of such right or remedy or any other right or remedy unless such waiver is contained in a writing signed by the party alleged to have waived its right or remedy.
- Expenses for travel, lodging, and subsistence shall be reimbursed at the per diem rate in effect at the time for New York State Management/Confidential employees.
- No fees shall be charged by the Contractor for training provided under this agreement.
- Nothing herein shall require the State to adopt the curriculum developed pursuant to this agreement.
- This agreement, including all appendices, is, upon signature of the parties and the approval of the Attorney General and the State Comptroller, a legally enforceable contract. Therefore, a signature on behalf of the Contractor will bind the Contractor to all the terms and conditions stated therein.
The parties to this agreement intend the foregoing writing to be the final, complete, and exclusive expression of all the terms of their agreement.
- Contractor certifies that it has met the disclosure requirements of State Finance Law §139-k and that all information provided to the State Education Department with respect to State Finance Law §139-k is complete, true and accurate.
- Contractor certifies that it has not knowingly and willfully violated the prohibitions against impermissible contacts found in State Finance Law §139-j.
- Contractor certifies that no governmental entity has made a finding of nonresponsibility regarding the Contractor in the previous four years.
- Contractor certifies that no governmental entity or other governmental agency has terminated or withheld a procurement contract with the Contractor due to the intentional provision of false or incomplete information.
- Contractor affirms that it understands and agrees to comply with the procedures of the STATE relative to permissible contacts as required by State Finance Law §139-j (3) and §139-j (6)(b).
- Contractor certifies that it is in compliance with NYS Public Officers Law, including but not limited to, §73(4)(a).
Any written notice or delivery under any provision of this AGREEMENT shall be deemed to have been properly made if sent by certified mail, return receipt requested to the address(es) set forth in this Agreement, except as such address(es) may be changed by notice in writing. Notice shall be considered to have been provided as of the date of receipt of the notice by the receiving party.
- Contractor shall comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law Section 899-aa; State Technology Law Section 208). Contractor shall be liable for the costs associated with such breach if caused by Contractor’s negligent or willful acts or omissions, or the negligent or willful acts or omissions of Contractor’s agents, officers, employees or subcontractors.
- If required by the Office of State Comptroller (“OSC”) Bulletin G-226 and State Finance Law §§ 8 and 163, Contractor agrees to submit an initial planned employment data report on Form A and an annual employment report on Form B. State will furnish Form A and Form B to Contractor if required.
The initial planned employment report must be submitted at the time of approval of this Agreement. The annual employment report on Form B will be submitted each year the contract is in effect and will detail actual employment data for the most recently concluded State fiscal year (April 1 – March 31). The first report will be filed no later than May 15, 2010. Thereafter, Form B will be filed no later than May 15th of each succeeding year. Copies of the report will be submitted to the NYS Education Department, OSC and the NYS Department of Civil Service at the addresses below.
NYS Office of the State Comptroller
Bureau of Contracts
110 State Street, 11th Floor
Albany, NY 12236
Attn: Consultant Reporting
(518) 474-8030 or (518) 473-8808
Reports to DCS are to be transmitted as follows:
NYS Department of Civil Service
Office of Counsel
Alfred E. Smith Office Building
Albany, NY 12239
Reports to NYSED are to be transmitted as follows:
NYS Education Department
Contract Administration Unit
Room 505 W EB
Albany, NY 12234
C. Consultant Staff Changes. If this is a contract for consulting services, Contractor will maintain continuity of the consultant team staff throughout the course of the contract. All changes in staff will be subject to STATE approval. The replacement consultant(s) with comparable skills will be provided at the same or lower hourly rate.
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.
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.
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.