P-12

Prekindergarten through Grade 12 Education

RFP #12-013

REQUEST FOR PROPOSAL (RFP)

RFP Proposal #12-013

NEW YORK STATE EDUCATION DEPARTMENT

Title:   Transcribing New York State Exams and Related Materials into Braille
The New York State Education Department (NYSED) is seeking proposals for transcribing New York State Exams (i.e., Regents Exams, Regents Competency Tests, and elementary and intermediate-level exams) and related materials (including but not limited to science reference tables, scoring materials, and mathematics tables) into braille. Proposals will only be accepted from applicants that bid on all tests and ancillary materials in all content areas (English, Mathematics, Science, Social Studies). Eligible applicants include companies that have a minimum of three (3) years of professional experience in providing timely, error-free braille transcriptions of secure standardized achievement tests and test-related materials, including the preparation of transcript text and graphics for illustrations. Subcontracting will not be allowed for this contract. NYSED will award one (1) contract with a term of five (5) years and three (3) months. The contract period will be from June 1, 2012-August 31, 2017.

 

Mandatory Requirements:

See Mandatory Requirements section of the RFP.  Bids that do not include the signed Mandatory Requirements Certification Form (see Submission Documents) will be disqualified and removed from further consideration.

Components contained in RFP Proposal #12-013 are as follows:

  1. Description Of Services To Be Performed
  2. Submission
  3. Evaluation Criteria and Method of Award
  4. Assurances
  5. Submission Documents (separate document)
  6. Attachments 1-2

A Questions and Answers Summary is now posted.

 

Program Matters

Fiscal Matters

Jessica Hartjen
(518) 474-5496
E-Mail: EMSCRFPOSA@MAIL.NYSED.GOV
Gary Yorkshire 
(518) 408-1715 
E-Mail: EMSCRFPOSA@MAIL.NYSED.GOV 

M/WBE Matters

Joan Ramsey
(518) 486-6883
E-Mail: EMSCRFPOSA@MAIL.NYSED.GOV
 


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) and one (1) copy in braille format.
  2. Cost Proposal—Three (3) copies (one bearing an original signature in blue ink) and one (1) copy in braille format.
  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
       Attention: Gary Yorkshire RFP#12-013
       Contract Administration Unit 505W EB

 

       Bureau of Fiscal Management
       89 Washington Avenue
       Albany, NY 12234

(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 #12-013 Do Not Open
  • Cost Proposal labeled Cost Proposal – RFP #12-013 Do Not Open
  • M/WBE Documents labeled M/WBE Documents—RFP #12-013 Do Not Open
  • A copy of the technical and cost proposal in Microsoft Word on CD-ROM labeled CD-ROM-RFP#12-013 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.

MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE (M/WBE) COMPLIANCE REQUIREMENTS

  1. 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. For this RFP, M/WBE compliance goals can be achieved by completing and submitting the M/WBE Supplier Form (located in Submission Documents) . 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

Background

NYSED is requesting proposals for transcribing New York State assessments, including Regents Exams, Regents Competency Tests, and elementary and intermediate exams into braille. Test related materials, including but not limited to science reference tables, administration and scoring materials, and mathematical charts will also need to be transcribed into braille. The vendor will be required to provide NYSED with a variable number of braille copies each year, as requested by NYSED.

Mandatory Requirements:

The vendor must agree to adhere to all of the below referenced Mandatory Requirements. If the vendor’s proposal fails to meet any of these mandatory requirements, its proposal will be disqualified and removed from further consideration.

Mandatory Bid Requirements

  1. Eligible applicants must have a minimum of three (3) years of professional experience in providing timely, error-proof braille transcriptions of secure standardized achievement tests and test related materials, including the preparation of transcript text and graphics for illustrations.

  2. The vendor must document their experience in conducting the activity required in this RFP for large scale testing programs. The vendor must demonstrate the capacity to complete the project using their own hardware and software in a timely and efficient manner.

  3. The individuals performing work under this contract must be certified by the Library of Congress and the Braille Authority of North America (BANA) in literary and/or mathematics transcriptions.

  4. NYSED requires a personal resume for all key personnel who will be assigned to this contract.

  5. The vendor must submit a minimum of three (3) professional references to substantiate the vendor’s ability to meet the requirements specified in this RFP. References should be current (within the past three years) and must include name, title, organization name, address, phone number, and e-mail address. Do not use NYSED staff as references.

  6. The vendor must certify in its proposal that it shall provide all transcription services described in this RFP.

  7. Vendors are required to submit mandatory transcribed work samples of the attached test pages for the appropriate content areas.

  8. The vendor must describe their security procedures in handling large-scale testing products. Test materials (hard copy and high resolution pdf file) will be shipped in locked boxes to the vendor. The vendor must adhere to the Security Guidelines for the New York State Assessment Program, which is included as Attachment 1.

Mandatory Contract Requirements

  1. Transcriptions must be performed by qualified professional braille transcribers certified by the Library of Congress and the Braille Authority of North America (BANA) in literary and/or mathematics transcriptions.  A personal resume must be provided for each individual(s) who will be assigned to this contract.

  2. All original transcriptions must be checked by a second reviewer, proofread, and discrepancies resolved before submission to NYSED.

  3. The vendor must be able to complete the initial transcription of all exams within two (2) weeks from receipt of the exam. Within two weeks of receiving requested changes from NYSED, the vendor must be able to make required changes, complete the final edition, submit to NYSED for approval, and print the required number of copies.

  4. The vendor must provide NYSED with the number of final braille hard copies NYSED requests.

  5. The vendor must work and cooperate fully with designated NYSED staff to perform all activities. All plans and proposed activities conducted during the period of this contract must receive prior approval from NYSED.

  6. Exams and related materials must be transcribed into braille in their entirety. The vendor must discuss with NYSED any questions that it feels cannot be adapted for braille so that, if absolutely necessary, NYSED can make appropriate substitutions.

  7. If an exam contains graphics, all labeled items on maps, charts, diagrams or other graphics must be transcribed into braille.

  8. If a map, graphic, diagram, chart, table, etc., has information that cannot fit in the constraints of the graphic due to the amount of space needed for braille, the vendor must contact NYSED to obtain prior approval before changing, modifying, or eliminating information contained in the printed original.

  9. If maps, tables, graphs, or other diagrams contain information that does not fit within the constraints of a standard braille page (11inches by 11 inches), then foldouts must be used to depict the information appropriately.

  10. Thermography (granulated ink) process is the required method for producing graphics.

  11. If the vendor uses interpoint (braille on both sides of the paper), the vendor must use paper that will prevent the braille from bleeding through, and allow for maximum embossing quality.

  12. The vendor must adhere to the Security Guidelines for the New York State Assessment Program, which are included in Attachment 1. Test materials (printed copies, pdf files, initial and final braille copies) must be shipped in locked boxes provided by NYSED.

  13. All materials are to be held strictly confidential and must not be copied, duplicated, or disseminated in any manner or discussed with anyone other than persons authorized by NYSED.

  14. All staff performing work under this contract must sign a written agreement (Attachment 2) assuring the confidentiality of all work and discussions carried out under this contract. Such agreements shall be provided to NYSED upon contract approval as well as immediately upon any subsequent staff changes.

  15. The vendor must identify one project manager who will serve as the central point of contact with NYSED.

DESCRIPTION OF WORK

The vendor must transcribe into braille all exams and related materials in the content areas of English language arts, mathematics, science, and social studies as requested by NYSED. The chart below lists the currently administered exams and months of administration. However, tests may be added or removed by NYSED throughout the contract period. Months of administration may vary and the vendor may be asked to provide test-related materials or additional copies of exams outside of the time periods listed below.

Past editions of secondary-level Regents Exams and elementary and intermediate-level exams are available on the NYSED web site at: http://www.nysedregents.org .

Content Area/ Exam Title

Approximate Number of Pages in Print Edition

Month of Administration

January

April/May

June

August

English Language Arts

RCT in Writing

4

X

 

X

X

RCT in Reading

16

X

 

X

X

RE in Comprehensive English

16

X

 

X

X

Mathematics

RCT in Mathematics

12-16

intermittent

RE in Integrated Algebra

24-28

X

 

X

X

RE in Geometry

28-32

X

 

X

X

RE in Algebra 2/Trigonometry

24-28

X

 

X

 

Science

RCT in Science

24-28

intermittent

RE in Physical Setting/Chemistry

24

X

 

X

 

RE in Physical Setting/Earth Science

28-32

intermittent

RE in Earth Science Performance Test Answer Booklet

8

intermittent

RE in Earth Science Performance Test Station Directions

24

intermittent

RE in Physical Setting/Physics

24

intermittent

RE in Living Environment

24

intermittent

Grade 4 Science Written Test

20-24

 

X

 

 

Grade 4 Science Performance Test

12

 

X

 

 

Grade 4 Science Station Diagrams

12

 

X

 

 

Grade 8 Science Written Test

28-32

 

X

 

 

Grade 8 Science Performance Test

12

 

X

 

 

Grade 8 Science Station Diagrams

12

 

X

 

 

Social Studies

RCT in Global Studies

24-28

intermittent

RCT in US History & Government

24-28

intermittent

RE in Global History & Geography

24-28

X

 

X

X

RE in US History & Government

24-28

X

 

X

X

Key:
RCT = Regents Competency Test
RE = Regents Examination

NOTE: At times there is a need to transcribe into braille a scoring key or rating guide, at the request of a particular school for a teacher or administrator who is visually impaired. Scoring guides are approximately 10-14 pages in length. In addition, Physical Setting/Earth Science, Physical Setting/Chemistry, and Physical Setting/Physics have reference tables that are updated periodically; these tables must also be transcribed into braille, and are approximately 16-20 pages in length.

Deliverable Specifications

The vendor will be expected to:

  1. Follow all appropriate Library of Congress guidelines.
  2. Transcribe all exams and related materials into Grade II Braille (or Grade I Braille if requested by NYSED).
  3. Assign only qualified professionals to perform work as required by this RFP.
  4. Review all test questions and content and advise NYSED of any questions that may require adaptations to provide accessibility to braille test takers. NYSED and the vendor will confer and the vendor will make only those adaptations approved by NYSED.
  5. Prepare braille text and raised-line graphics for illustrations.
  6. Prepare graphics using the thermography (granulated ink) process.
  7. Sight proofread the finished copy.
  8. Maintain computer files for embossing.
  9. Make all corrections to braille transcriptions after NYSED review.
  10. Ship all materials in NYSED-provided locked boxes via UPS Next Day Air.

NYSED has specific standards for its exams and expects that all braille transcriptions provided by the vendor will be completely free of errors. If errors are found in the braille transcription(s) provided by the vendor which require NYSED adjustments in what constitutes an acceptable student response for an exam question, or the elimination of an exam question from consideration in scoring, NYSED will reduce by twenty-five percent (25%) the agreed-upon remuneration to the vendor for the braille transcription and reproduction of that exam form.

Time Line for Work           

The vendor must submit all deliverables according to the time line specified by NYSED. Work on a given exam will begin approximately two months prior to the administration period. NYSED will make all products available to the vendor as they are developed. The vendor must complete the initial transcription of an exam within two (2) weeks from receipt of the exam. NYSED will review the initial transcription and send any required changes back to the vendor. The vendor will then have two (2) additional weeks to do all of the following: complete the final edition, submit to NYSED for approval, and print the requested number of copies.

The first exams to be transcribed under this contract will be the August 2012 Regents Exams and Regents Competency Tests. Work for these exams will commence in June 2012.

Staffing Plan

The vendor must submit thorough documentation demonstrating personnel experiences and expertise congruent with the assignments for all aspects of the tasks outlined in the RFP. The vendor shall provide plans and procedures for ensuring that staffing is commensurate with the project’s scope of work throughout the duration of the contract and promptly notify NYSED of any changes in staffing assigned to this project. All changes in staff will be subject to NYSED approval.

Detailed and sufficient information must be included in the technical proposal describing the efficacy of the proposed staffing solutions and organizational arrangements. This information must include:

  1. An organizational diagram that indicates staffing for this project.
  2. A detailed description of responsibilities for all proposed staff.
  3. Detailed resumes of all staff members associated with this project.
  4. A description of the exact location where transcriptions will take place.

Project Management

The vendor must identify one project manager who will serve as the central point of contact with NYSED. The project manager will have the following responsibilities:

  1. Travel to Albany to meet with NYSED staff at the start of the contract period. An introductory meeting shall be held in Albany within thirty days of final contract approval. After that initial introductory meeting, the vendor may be called upon to travel to Albany up to one time per year throughout the duration of the contract.
  2. Coordinate and participate in conference calls and communicate via e-mail with NYSED staff assigned to this project to discuss the status of the work on the contract and any issues related thereto on an as-needed basis.
  3. Maintain accurate, up-to-date information on the current status of all work on the project and communicate such to NYSED staff in a timely manner.
  4. Develop and submit an annual project plan to NYSED for review and sign off. The purpose of the plan is to provide NYSED with an overall analysis of the methods the vendor will utilize to perform all aspects of the RFP and contract within the required timeframe. The vendor will work in good faith to resolve with NYSED any concerns NYSED has about the plan.
  5. Submit all deliverables and other work products to NYSED in the manner designated by NYSED for review and approval. Materials must be submitted to NYSED according to a mutually agreed upon timeline to allow for appropriate review.
  6. In the event that a problem or potential problem arises with regard to the quality, timeliness, or any other issue with respect to deliverables and services at any time during the contract term, regardless of when the problem arises, the project manager must immediately notify NYSED via phone and e-mail of the issue and shall also immediately propose a solution for the problem or potential problem.

NYSED shall have approval authority over all aspects of this project including, but not limited to, the following:

  1. All materials, projects and services produced by the vendor.
  2. All schedules for deliverables.
  3. Any changes in staff assigned to the project, including project manager.
  4. Any Change Orders. Any changes to services, deliverables, or timelines, under this procurement must be in accordance with a written description clearly justifying the need for the change and identifying all rationale for the change (Change Order) which both parties must sign before any work is begun. All Change Orders are subject to approval by the New York State Office of the State Comptroller.

NYSED will monitor and evaluate the progress of the vendor in meeting contract specifications, through pre-arranged conference calls and status checks. This evaluation will emphasize the accuracy of the test transcriptions, the vendor’s ability to meet timelines and supply deliverables, and the vendor’s on-going security measures.

Security

All bidders must describe their security procedures in handling large-scale testing products. This includes secure shipment and/or encryption and secure transmission of all test materials. NYSED requires prior approval for the secure electronic transfer of any secure materials. The security plan must specifically address where the activities described in this RFP will occur and how test materials will remain secure at all times. Attachment 1 sets forth security guidelines developed by NYSED for managing secure materials, which must be reflected in the vendor's procedures.

Qualifications and References

Eligible applicants include companies that have a minimum of three (3) years of professional experience in providing timely, error proof braille transcriptions of secure standardized achievement tests and test related materials including the preparation of transcript text and graphics for illustrations. The vendor must demonstrate its capacity to complete the project using their own hardware and software.

The vendor must document its experience in conducting the activity required in this RFP for large scale testing programs by providing at least three professional references. References should be current (within the past three years) and must include name, title, organization name, address, phone number, and e-mail address. Do not use NYSED staff as references. NYSED may contact references to verify a vendor’s qualifications.

Ownership

  1. All braille transcriptions of exams (both print and computer file formats) and exam related materials shall be the exclusive property of NYSED.

  2. NYSED is the sole owner of outputs resulting from the work proposed in the RFP, including, but not limited to brailed operational examinations generated under this contract. The vendor shall be prepared to deliver all or part of the items to NYSED, as requested, at any point during the duration of this contract. Materials can only be used by the vendor or other parties with the expressed written permission of NYSED.
  3. All such outputs are to be turned over to the State in print and electronic form, as specified by NYSED.

Terms and Conditions

  1. All deliverables must be submitted within the timelines specified by NYSED in the RFP.
  2. All materials submitted to NYSED pursuant to this contract are required to be original materials developed solely by the bidder for use in satisfaction of this contract.
  3. All materials written or revised are to be held strictly confidential and must not be copied, duplicated, disseminated, or discussed, unless authorized by NYSED.

Considerations and Other issues

Upon completion or termination of the contract awarded as a result of this RFP, the vendor will use its best efforts to assist NYSED in completing a seamless transition to any successive vendor and/or the NYSED. This shall include, but not be limited to, assisting NYSED in developing and implementing a feasible transition plan within thirty (30) days of the expiration, or within thirty (30) days of notice of cancellation or termination of the contract.

The vendor agrees to cooperate fully with any successive vendor and NYSED, and refrain from any activity that would interfere with the successful implementation of the transition plan and a seamless transition. The vendor shall provide (a) all items, reports, materials, data, and equipment owned by NYSED in the vendor’s possession, and (b) any information reasonably useful to or requested by NYSED in developing a RFP for a successive vendor, prior to the expiration, cancellation, or termination of the contract.

The vendor will work with NYSED to determine the optimum format for providing data and information that will optimize the reuse of this data and information by any successive vendor. The vendor will also provide NYSED with a list of computer programs and software tools necessary to allow an end user to read and export any data provided by the vendor under this contract.

Payment

NYSED will pay the vendor for the actual number of pages transcribed and embossed, using the per page costs specified in the Bid Form Cost Proposal (see Submission Documents). The per page cost must include all costs, with the exception of shipping. NYSED will pay the vendor the actual cost to the vendor for shipping materials to NYSED, as evidence by submitted shipping invoices. 

Payment to the vendor will only be made in accordance with properly submitted invoices. All invoices submitted for payment must include dates of services as well as an itemized list of activities which must correspond to the budget contained in the executed contract. Invoices should reflect only the deliverables that have been completed and submitted to NYSED. Payments will be made based upon receipt and approval of deliverables by NYSED.

If errors are found in the braille transcription(s) provided by the vendor which require NYSED to notify schools of an adjustment in what constitutes an acceptable student response for a question on the braille form of an exam, or to eliminate an examination question from consideration in scoring, NYSED will reduce by twenty-five percent (25%) the agreed upon remuneration to the vendor for the braille transcription and reproduction of that exam form. If the vendor has already received payment for the exam form which contained the error, the deduction will be taken from the next invoice submitted.

Contract Period

NYSED will award one (1) contract with a term of five (5) years and three (3) months. The contract period will be from June 1, 2012-August 31, 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 Limit

Subcontracting will NOT be allowed for this contract. Subcontracting is defined as non-employee direct personal services and related incidental expenses, including travel. Subcontracting also includes outsourcing work using purchase orders or third party billing for companies or individuals who are not employees of the vendor’s company

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.

10.  Contractor shall submit M/WBE Utilization Plan (M/WBE 100) as part of their proposal in response to NYSED procurement.

11.  The percentage goals established for this RFP are based on the overall availability of M/WBEs certified in the particular areas of expertise identified under this RFP.  These goals should not be construed as rigid and inflexible quotas which must be met, but as targets reasonably attainable by means of applying every good faith effort to make all aspects of the entire Minority and Women-Owned Business Program work.

12.  Contractor shall ensure that enterprises have been identified (M/WBE 102) within the Utilization Plan, and the contractor shall attempt, in good faith, to utilize such enterprise(s) at least to the extent indicated in the plan, as to what measures and procedures contractor intends to take to comply with the provisions of the Article.

13.  Contractor shall upon written notification from NYSED M/WBE Program Unit as to any deficiencies and required remedies thereof, the contractor, within the period of time specified, will submit compliance reports documenting remedial actions taken and other information relating to the operation and implementation of the Utilization Plan.

14. Where it appears that a contractor cannot, after a good faith effort, comply with the M/WBE participation requirements, contractor may file a written application with NYSED M/WBE Program Unit requesting a partial or total waiver (M/WBE 101) of such requirements setting forth the reasons for such contractor’s inability to meet any or all of the participation requirements, together with an explanation of the efforts undertaken by the contractor to obtain the required M/WBE participation.

For purposes of determining a contractor’s good faith efforts to comply with the requirements of this section or be entitled to a waiver, NYSED shall consider at the least the following:

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

Staff Changes

The Contractor will maintain continuity of the staff throughout the course of the contract. All changes in staff will be subject to NYSED approval.  The replacement staff with comparable or superior 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 .


2.)        Submission

Documents to be submitted with this proposal

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

Project Submission:

The proposal submitted in response to this RFP must include the following documents:

  • Technical Proposal—Five (5) copies (one bearing an original signature in blue ink) and one (1) copy in braille format.
  • Cost Proposal—Three (3) copies (one bearing an original signature in blue ink) and one (1) copy in braille format.
  • M/WBE Documents—Three (3) copies (one bearing an original signature in blue ink).
  • A copy of the technical and cost proposal must also be submitted in Microsoft Word on CD-ROM.

The proposal must be received by March 19, 2012 by 3:00 PM at NYSED in Albany, New York.

The proposal must communicate an understanding of the deliverables of the RFP, describe how the tasks are to be performed and identify potential problems in the conduct of the deliverables and methods to identify and solve such problems. Bidders should specify all details required to evaluate the technical proposal and should limit aspects of the project plan which are to be determined only after the award of a contract. No optional deliverables to be provided only at an additional cost should be included and will not be considered in the evaluation of the technical proposal. Contractual terms, conditions and assumptions are inappropriate for inclusion in the proposal.

Any proprietary materials considered confidential by the vendor or otherwise exempted from disclosure from the Freedom of Information Law, must specifically be so identified, and the basis for such confidentiality or other exemption must be specifically set forth.

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

Note:  Proposals must be labeled “RFP#12-013 Transcribing New York State Exams and Related Materials into Braille. 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 (4) copies of the Technical Proposal and one (1) copy in Braille format must be mailed in a separate envelope labeled, “RFP#12-013 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
  • The Technical Proposal, including all information listed below.

 

To satisfactorily respond to this proposal, each vendor must submit:

  1. A description of the bidder’s capabilities and experience in producing timely and error-free braille transcriptions for secure standardized achievement tests and related materials, including three professional references as required by the RFP. Submit an organizational diagram, staffing plan, a description of the responsibilities for all staff assigned to the project, including resumes.
  1. A workplan providing an in-depth description of how the activities in this RFP will be conducted. The plan should specifically indicate the bidder’s ability to meet all timelines and requirements listed in the RFP.
  1. The documented security procedures for all aspects of the proposed activities, including storage and retrieval, surveillance and shipment. The security procedures must adhere to the requirements set forth in Attachment 1.
  1. Mandatory samples of transcribed work for each of the content areas provided below. Three (3) separate pdf files containing the three (3) pages for the sample transcriptions will transmitted with the RFP and posted on NYSED’s Competitive Procurement Contracts web site at: http://www.p12.nysed.gov/compcontracts/compcontracts.html . Transcribed pages must be completely accurate, free of error, and transcribed in their entirety. The sample pages include:

The Earth Science sample labeled: Regents Exam in Physical Setting/Earth Science sample.pdf.

The Mathematics Sample labeled: Regents Exam in Mathematics A sample.pdf.

The Global History and Geography Sample labeled: Regents Exam in Global History and Geography sample.pdf.

If needed, bidders can request the native QuarkXpress 7 file for each sample by contacting emscrfposa@mail.nysed.gov .

Cost Proposal                                                                                                                     (30 Points)

The original plus two (2) copies of the completed Cost Proposal and one (1) copy in braille format must be mailed in a separate envelope labeled RFP #12-013-Cost Proposal-Do Not Open and must include the following:

1.)        Bid Form Cost Proposal
2.)        M/WBE Supplier Form

The Financial Criteria portion of the RFP will be scored based upon the “Estimated Total Cost per Exam” (transcribing and embossing) as indicated on the Bid Form Cost Proposal for all content areas for all five years and three months of the contract. The Cost Proposal must specify the cost per page for initial transcription of tests in each content area and the cost per page for embossing copies of each test for each year of the contract. These amounts must include all costs for providing all services specified in this RFP, with the exception of shipping materials to NYSED. The per page costs should be used to calculate the “Estimate Cost per Exam” (based on 60 braille pages and 30 copies) for each content area. Please note that the “Estimate Cost per Exam” chart is for cost scoring purposes only. Actual payment to the vendor will be based on the per page costs for the number of pages actually transcribed and embossed, as well as actual shipping costs. Not all exams will be prepared for each administration. The number of pages per exam and the number of copies requested varies greatly from administration to administration.

Costs associated with shipping are not to be included in the estimated total cost per exam above. These shipping costs will be paid based upon separately submitted invoices to NYSED.

The Bid Form Cost Proposal is located in Submission Documents.  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. 

 

M/WBE Documents:

Three (3) copies (one bearing an original signature in blue ink) of the completed M/WBE Documents must be mailed in a separate envelope labeled RFP #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

  1. 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.

An evaluation committee of NYSED staff will complete a technical review of each completed proposal received by the deadline. The committee will review each proposal to determine compliance with the requirements described in the RFP. 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 are included as required. The committee retains the right to determine whether any deviation from the requirements of this RFP is substantial in nature and may reject in whole or in part any and all proposals, waive minor irregularities and conduct discussions with all responsible bidders.

NYSED reserves the right to contact vendors during the technical scoring process for clarification on their proposals.

The technical portion of the proposal will be reviewed and rated by the evaluation committee according to the criteria below. Proposals receiving at least sixty percent (60%) of the points available for the technical proposal (a total of 42 out of 70 points) will move to the next step of the process. Proposals with a score of less than 42 points in the Technical Proposal section will be eliminated from further consideration. Each proposal received by the deadline will be reviewed and rated on the quality and extent to which the applicant meets the following criteria:

 

Technical Criteria                                                                                                               (70 Points)

The criteria that will be evaluated in determining the award and relative points are listed below:

  1. Experience in Successful Braille Transcription-20 points

    The proposal demonstrates the experience and capabilities of the bidder in producing timely and error-free braille transcriptions for secure standardized achievement tests and test related materials, including the preparation of transcript text and graphics for illustrations. Three professional references are included. An organizational diagram, staffing plan, a description of the responsibilities for all staff assigned to the project, including resumes is included.

  2. Appropriateness of Work Plan-15 points

    The work plan provides an in-depth description of how the activities in the RFP will be conducted. The plan specifically indicates the bidder’s ability to meet all timelines and requirements listed in the RFP

  3. Appropriate Security Measures-15 points

    The proposal must describe the documented procedures, storage and retrieval, surveillance and shipment for all aspects of the activities proposed. The security procedures must adhere to the requirements set forth in Attachment 1.

  4. Quality of Braille Transcriptions-20 points

    The transcribed sample exam pages (Mathematics, Earth Science, Global History and Geography) must be accurate and reflect NYSED’s formatting standards as indicated in the sample exam pages. NYSED will thoroughly examine the transcribed pages. The qualities of the transcribed work samples must meet the specifications of NYSED as rated by a NYSED braille reviewer.

 

Financial Criteria                                                                                                                (30 Points)

The Financial Criteria portion of the RFP will be scored based upon the “Estimated Total Cost per Exam” (transcribing and embossing) as indicated on the Bid Form Cost Proposal for all content areas for all five years and three months of the contract. The Cost Proposal must specify the cost per page for initial transcription of tests in each content area and the cost per page for embossing copies of each test for each year of the contract. These amounts must include all costs for providing all services specified in this RFP, with the exception of shipping materials to NYSED. The per page costs should be used to calculate the “Estimate Cost per Exam” (based on 60 braille pages and 30 copies) for each content area. Please note that the “Estimate Cost per Exam” chart is for cost scoring purposes only. Actual payment to the vendor will be based on the per page costs for the number of pages actually transcribed and embossed, as well as actual shipping costs. Not all exams will be prepared for each administration. The number of pages per exam and the number of copies requested varies greatly from administration to administration.

Costs associated with shipping are not to be included in the estimated total cost per exam above. These shipping costs will be paid based upon separately submitted invoices to NYSED.

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 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 vendor 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 vendor 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 vendor in that group of highest aggregate scores whose budget component reflects the lowest overall cost.

    NYSED’s Reservation of Rights

    NYSED reserves the right to: (1) reject any or all proposals received in response to the RFP; (2) withdraw the RFP at any time, at the agency’s sole discretion; (3) make an award under the RFP in whole or in part; (4) disqualify any bidder whose conduct and/or proposal fails to conform to the requirements of the RFP; (5) seek clarifications of proposals; (6) use proposal information obtained through site visits, management interviews and the state’s investigation of a bidder’s qualifications, experience, ability or financial standing, and any material or information submitted by the bidder in response to the agency’s request for clarifying information in the course of evaluation and/or selection under the RFP; (7) prior to the bid opening, amend the RFP specifications to correct errors or oversights, or to supply additional information, as it becomes available; (8) prior to the bid opening, direct bidders to submit proposal modifications addressing subsequent RFP amendments; (9) change any of the scheduled dates; (10) eliminate any mandatory, non-material specifications that cannot be complied with by all of the prospective bidders; (11) waive any requirements that are not material; (12) negotiate with the successful bidder within the scope of the RFP in the best interests of the state; (13) conduct contract negotiations with the next responsible bidder, should the agency be unsuccessful in negotiating with the selected bidder; (14) utilize any and all ideas submitted in the proposals received; (15) unless otherwise specified in the solicitation, every offer is firm and not revocable for a period of 90 days from the bid opening; (16) require clarification at any time during the procurement process and/or require correction of arithmetic or other apparent errors for the purpose of assuring a full and complete understanding of an offerer’s proposal and/or to determine an offerer’s compliance with the requirements of the solicitation; (17) to request best and final offers.

    Post Selection Procedures

    Upon selection, the successful bidder will receive a proposed contract from NYSED. All terms set forth in the selected bidder's technical proposal will be final. The selected bidder may be given an opportunity to reduce its cost proposal in accordance with the agency's right to 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.

    Debriefing Procedures

    All unsuccessful bidders may request a debriefing within five (5) business days of receiving notice from NYSED.  Bidders may request a debriefing letter on the selection process regarding this RFP by submitting a written request to the Fiscal Contact person at:

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

    The Fiscal Contact person will make arrangements with program staff to provide a written summary of the proposal’s strengths and weaknesses, as well as recommendations for improvement.  Within ten (10) business days, the program staff will issue a written debriefing letter to the bidder.

    Contract Award Protest Procedures

                Bidders who receive a notice of non-award may protest the NYSED award decision subject to the following:

      1. The protest must be in writing and must contain specific factual and/or legal allegations setting forth the basis on which the protesting party challenges the contract award by NYSED.
      2. The protest must be filed within ten (10) business days of receipt of a debriefing letter.  The protest letter must be filed with:

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

      1. 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.
      2. The NYSED Contract Administration Unit (CAU) may summarily deny a protest that fails to contain specific factual or legal allegations, or where the protest only raises issues of law that have already been decided by the courts. 

    Vendor Responsibility

    State law requires that the award of state contracts be made to responsible vendors. Before an award is made to a not-for-profit entity, a for-profit entity, a private college or university or a public entity not exempted by the Office of the State Comptroller, NYSED must make an affirmative responsibility determination. The factors to be considered include: legal authority to do business in New York State; integrity; capacity- both organizational and financial; and previous performance. Before an award of $100,000 or greater can be made to a covered entity, the entity will be required to complete and submit a Vendor Responsibility Questionnaire.  School districts, Charter Schools, BOCES, public colleges and universities, public libraries, and the Research Foundation for SUNY and CUNY are some of the exempt entities.  For a complete list, see:
    http://www.osc.state.ny.us/vendrep/resources_docreq_agency.htm.

    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 ciohelpdesk@osc.state.ny.us

    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 (5. 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 – (Jessica Hartjen)
    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. 

     

    4.)        Assurances

    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:

    Non-Collusion Certification
    (Signature Required - the form is included in Submission Documents)

    MacBride Certification
                            (Signature Required - the form is included in Submission Documents)

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

                Appendix A-1 – NYSED Contract Clauses

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

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

    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.

        WITNESSETH:
                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.

    III.         Terminations

                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.

    IV.  Indemnification

                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.

    V.         Property

                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.


    APPENDIX A
    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
    Telephone:  518-292-5220
    Fax:  518-292-5884
    http://www.empire.state.ny.us

    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
    Telephone:  518-292-5250
    Fax:  518-292-5803
    http://www.empire.state.ny.us

    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)


    APPENDIX A-1

    Payment and Reporting

    1. 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.

    2. 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.

    3. 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.

     

    Terminations

    1. 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.
    2. 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.

    Property

    1. 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.

    2. 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. 

    3. 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.
    4. 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

    1. 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.

    2. 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.

    3. This agreement cannot be modified, amended, or otherwise changed except by a writing signed by all parties to this contract.

    4. 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.

    5. 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.

    6. No fees shall be charged by the Contractor for training provided under this agreement.

    7. Nothing herein shall require the State to adopt the curriculum developed pursuant to this agreement.

    8. 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.

     

    Certifications

    1. 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.

    2. Contractor certifies that it has not knowingly and willfully violated the prohibitions against impermissible contacts found in State Finance Law §139-j.

    3. Contractor certifies that no governmental entity has made a finding of nonresponsibility regarding the Contractor in the previous four years.

    4. 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.

    5. 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).

    6. Contractor certifies that it is in compliance with NYS Public Officers Law, including but not limited to,  §73(4)(a).

    Notices

    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.

    Miscellaneous

    1. 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.
    2. 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.

    By mail:

    NYS Office of the State Comptroller
    Bureau of Contracts
    110 State Street, 11th Floor
    Albany, NY 12236
    Attn:  Consultant Reporting


    By fax:

    (518) 474-8030 or (518) 473-8808

    Reports to DCS are to be transmitted as follows:

    By mail:

    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:

    By mail:

    NYS Education Department
    Contract Administration Unit
    Room 505 W EB
    Albany, NY 12234
    By fax: (518) 408-1716

    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.

    Attachment 1

    Security Guidelines for New York State Assessment Program

    1. Vendor and associated staff working with NYSED who are responsible for transporting, receiving, handling, and distributing testing materials and/or coordinating and overseeing transcription activities are required to be provided appropriate guidance in order to convey the importance of maintaining the security of exams and related materials.
    1. Secure testing materials are required to be under the physical control of authorized NYSED personnel or vendor personnel at all times. Secure testing materials should be either in a secure storage area approved by NYSED, which is inaccessible to other than authorized staff, or in the direct care of authorized staff.
    1. Vendors are required to discuss with their NYSED contact person and receive prior approval for arrangements for delivery and storage of secure materials to locations other than NYSED or the contractor’s place of business.
    1. Vendors are required to make arrangements for the secure destruction of any materials used during the transcription process of which they wish to dispose.
    1. Vendors are required to use locked boxes to transport to or from NYSED and/or to store secure materials. NYSED will provide the vendor with the locked boxes used for transporting materials to and from NYSED.
    1. Secure materials may never be mailed or faxed, or stored on portable storage devices (such as CD-R, CR-R, DVD, Flash, etc.) without NYSED approval. If there appears to be a compelling reason to do so, prior approval is required in writing from NYSED.
    1. Photocopying of secure materials should be undertaken with care. Paper jams may result in paper containing secure materials being lodged in the copier and later discovered by another user. All photocopying by the vendor must take place on its premises using photocopying equipment that the vendor owns, leases or rents unless the vendor has been given written approval by NYSED to use another resource or entity for photocopying. Extreme caution should be used.
    1. All staff who review testing materials are required to sign a non-disclosure agreement as included as Attachment 2 of this RFP.

    Attachment 2
    NON-DISCLOSURE AGREEMENT
    New York State Education Department
    Office of Assessment Policy, Development and Administration

    Name: ____________________________________________________________________

    Title: ______________________________________________________________________

    Organization: _______________________________________________________________

    Examination Title(s): _________________________________________________________

    __________________________________________________________________________

    Type of work to be performed: _________________________________________________

    __________________________________________________________________________

    Date(s) of work to be performed: ________________________________________________

     

    The purpose of all New York State assessments is to provide a fair and equitable assessment system that reliably measures the State learning standards. The expert opinions of consultants, educational organizations, and test development companies are vital to guiding our continuing efforts to develop fair, valid, and reliable State assessments that measure what each student knows and can do. Because you will have access to secure and/or confidential materials as part of your participation in the test development process, you also have the responsibility to assist the Office of Assessment Policy, Development and Administration (APDA) in ensuring the security and confidentiality of these materials. Therefore, by signing this agreement, you agree to abide by the following security restrictions and ownership provisions. Please retain a copy of this agreement for your records.

    Secure and Confidential Information

    I acknowledge that information provided by APDA or developed by me or my organization related to the work described above includes secure and confidential information that is the property of the New York State Education Department (“Department”). I acknowledge that such secure and confidential information includes many items, including but not limited to the following information types:

    1. all oral or written information in draft or final form relating to the development, review and/or scoring of a New York State Assessment, including operational tests, field tests, and pretests;
    2. all test items or test forms, whether in draft or final form, prior to public release by the Department;
    3. all test data and statistical analyses, whether provided to me by APDA or developed by me or my organization, prior to public release by the Department;
    4. any reports, prior to public release by the Department;
    5. the results of any analyses or studies, whether provided to me by APDA or developed by me or my organization, prior to public release by the Department;
    6. any individual student data or information; and
    7. any other confidential information that has not been made available to the general public by the Department.

    *******************************************************************************************************************

    By signing this agreement, I agree to maintain and honor the security of test materials, test data, and confidential student information and to abide by the following security restrictions:

    1. I agree not to disclose any secure or confidential materials, including test questions, test data, individual student information, or technical reports, whether in draft or final form, to anyone other than APDA staff or other person(s) participating in the work described above, unless specifically authorized to do so by APDA. I also agree not to disclose such materials to any Department staff other than APDA staff without the prior permission of APDA.
    2. If I am responsible for supervising other staff or subcontractors, I agree to limit the access and use of secure and confidential materials to only those individuals who have a legitimate need to access such materials in order to perform the work described above.
    3. I agree to provide appropriate training, guidance, and oversight to any staff or subcontractors under my supervision who may work with secure or confidential materials in order to maintain the security of such materials.
    4. I agree to follow all guidelines and instructions provided by APDA regarding the transfer of the secure and confidential materials in my possession. Such transfer may include secure electronic transfer using encrypted files, shipment of materials using a carrier with ground tracking capabilities, and/or the use of locked boxes when shipping. At no time will I transfer or store any secure and confidential materials in a location other a secure area within my organization’s facility without the authorization of APDA.
    5. Upon completion of the work described above, I agree to securely store, destroy, or return all secure and confidential materials provided to or prepared by me, including all copies thereof and all notes prepared by me, in accordance with the instructions given to me by APDA.
    6. I understand that secure and confidential materials are not to be copied or duplicated in any way, shared with or discussed with anyone other than APDA staff or other person(s) participating in the work described above, unless specifically authorized to do so by APDA.
    7. I agree to immediately report to APDA if I learn of or suspect any potential misuse of secure and confidential information.

     

    Ownership and Return of Secure Test Materials and Test Data

    All secure test materials and test data are the property of the Department, including all materials prepared by me in the course of my participation in the work described above.  All such materials prepared by me are being commissioned by the Department and shall be works made for hire as defined by the United States Copyright Law. In the event that such materials prepared by me are deemed not to be works made for hire, I hereby assign to the Department any and all right, title and interest I may have, including but not limited to any copyright, in the work commissioned by the Department.


     

    I, _______________________________________, have read the non-disclosure agreement above and agree to abide by the security restrictions and ownership provisions described herein. 

    Please Print: 

    Signature: _________________________________________________

    Date: _____________________________________________________

    Name:  ___________________________________________________

    Title: _____________________________________________________

    Address:  __________________________________________________

    City:  __________________________ State: ______ Zip: ___________

    Telephone:  (___________)____________________________________

    E-mail: ____________________________________________________

     

    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.




    State of New York Agreement

    Appendix A - Standard Clauses for NYS Contracts

    Appendix A-1

    Back to top



    Submission Documents

    • Submission Documents | PDF PDF icon (205 KB) | Word Word document icon (424 KB)

    Back to top


    Attachments 1-3

    • Regents Exam in Global History and Government sample| PDF PDF icon (15 KB) | Word Word document icon (48 KB)
    • Regents Exam in Mathematics A sample | PDF PDF icon (49 KB) | Word Word document icon (95 KB)
    • Regents Exam in Physical Setting-Earth Science sample | PDF PDF icon (49 KB) | Word Word document icon (95 KB)

    Back to top

     

    Last Updated: March 2, 2012 10:00 AM