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REQUEST FOR PROPOSAL (RFP)

RFP Proposal #07-019

NEW YORK STATE EDUCATION DEPARTMENT

Title:   Transcribing New York State Examinations and Related Materials into Braille

The New York State Education Department (NYSED) is seeking proposals for the purpose of transcribing New York State Examinations (Regents Examinations, Regents Competency Tests, Second Language Proficiency Examinations, elementary and intermediate-level examinations and related materials, including but not limited to science reference tables, scoring materials and mathematics tables) into Braille.  Applications will only be accepted from applicants that bid on all content areas Science, Social Studies, Mathematics, English and other languages.  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.  Subcontracting will not be allowed for this contract.  NYSED will award one (1) contract with a term of four (4) years and one (1) month. The contract period will be from June 1, 2008-June 30, 2012.

Mandatory Requirements:

For Mandatory Requirements, see the Mandatory Requirements section of the RFP.

Proposals that do not include the signed Mandatory Requirements Certification (see 5.  Submission Documents) will be disqualified and removed from further consideration.

Components contained in RFP Proposal #07-019 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)

Questions regarding the request must be submitted by E-mail to EMSCBRAILLEINFO@MAIL.NYSED.GOV no later than the close of business February 29, 2008.  Questions regarding this request should be identified as either Program or Fiscal.   A Questions and Answers Summary will be posted to http://www.emsc.nysed.gov/compcontracts/compcontracts.htm no later than March 10, 2008, 2008.

Eight (8) copies of each technical proposal (one bearing an original signature) (note: one of these copies must be in Braille format) and three (3) copies of each cost proposal (one bearing an original signature) must be received no later than:

(Facsimile copies of the proposals are NOT acceptable)

Submit in a sealed envelope labeled Bid Proposal - RFP #07-019 Do Not Open

Submit Cost Proposals in a separate sealed envelope labeled

Cost Proposal – RFP #07-019 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.

Background

NYSED is requesting proposals for transcribing NYS Regents Examinations, Regents Competency Tests, Second Language Proficiency Examinations, and elementary and intermediate level examinations and related materials including but not limited to science reference tables, scoring materials, and mathematical tables. 

Mandatory Requirements: Deliverables

1. The vendor must be certified by the Library of Congress and the Braille Authority of North America in literary and/or mathematics transcriptions. 
2. The NYSED will make all products available to the vendor as they are developed.  The vendor will be expected to complete the initial transcription of an examination within two (2) weeks or less from receipt.  NYSED will review the initial transcription and send back to the vendor any required changes.  The vendor will then have two additional weeks to do all of the following:  make required changes, complete the final edition, submit to NYSED for approval, and print the required number of copies.
3. The vendor selected 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.
4. Original transcriptions must be checked by a second reviewer, proofread and discrepancies resolved before submission to NYSED.
5. Examinations 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, appropriate substitutions can be made by NYSED.
6. 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.
7. The successful vendor and all staff performing work under this contract must sign a written agreement assuring the confidentiality of all work and discussions carried out under this contract after the contract has been awarded. Such agreements shall be provided to NYSED upon contract approval as well as immediately upon any subsequent staff changes.
8. If the vendor is going to be using 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.
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.
10. 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 braille takes up, the vendor must contact NYSED to obtain prior approval to changing, modifying, or eliminating information contained in the printed original.
11. Thermography (the granulated ink) process is the required method for producing graphics.
12. Touch swail paper will only be used if the graphic is a weather map.
13. If the examination contains graphics, all labeled items on the maps, charts, diagrams or other graphics must be transcribed into Braille.
14. The vendor must provide NYSED with final Braille hard copy. The vendor will be required to send to NYSED the number of copies requested.
15. All invoices submitted for payment must include dates of services and include an itemized list of activities cross referenced to the budget contained in the executed contract.

Mandatory Requirements: Submission

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 certify in its proposal that it shall provide all transcription services described in this RFP.  
3. Vendors are required to submit mandatory transcribed work samples of the attached test pages for the appropriate content areas.
4. 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 via UPS Next Day Delivery to the vendor.  The vendor must adhere to the Security Guidelines for the New York State Assessment Program, which is included as Attachment A.
5. The vendor must document their experience in conducting the activity required in this RFP for large scale testing programs.  The vendor should demonstrate the capacity to complete the project using their own hardware and software.  NYSED requires a personal resume for the individual(s) who will be assigned to this contract. Additionally, the vendor must submit three (3) professional references substantiating the vendor’s qualifications to meet the requirements specified in this RFP.

Deliverables

Duties to be performed by the vendor include:

1. follow all appropriate Library of Congress guidelines
2. transcribe into Grade ll braille
3. assign only qualified professionals to perform work as required by this RFP
4. review all test questions and content and advise NYSED of all questions that appear to require adaptation 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. sight proofread the finished copy
7. prepare graphics using  tactile graphics techniques
8. maintain computer files for embossing
9. make all corrections to braille transcriptions after NYSED review
10. ship all work in NYSED-provided locked boxes by UPS Next Day Delivery
11. provide to NYSED the numbers of braille test booklets for each examination title that will be specified by NYSED 1 to 2 months prior to the time of reproduction.

DESCRIPTION OF WORK

The vendor must transcribe into braille the following examinations and any future examinations that are implemented in the same subject areas during the duration of the contract period.

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 typically 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 typically range between 16-20 pages in length. 

NOTE: Past editions of the high school Regents Examinations and of the elementary and intermediate-level examinations are available on the NYSED web site at www.emsc.nysed.gov/osa

The first examinations to be transcribed under this contract will be the August 2008 Regents Examination and Regents Competency Tests.  Work for these examinations will commence in June 2008.

Terms and Conditions

• NYSED will be contacting references to verify a vendor’s qualifications.
• All deliverables are required to be error free and submitted within the timelines specified by NYSED in the RFP.
• NYSED has exacting standards for its examinations 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 from an examination question, or  the elimination of an examination question from consideration in scoring, NYSED will reduce by twenty percent (20%) the agreed upon remuneration to the vendor for the transcribing of that examination form.

Work Plan

The vendor must submit a complete and comprehensive work plan.  It should provide an in-depth description of how the activities in this RFP will be conducted.  The work plan must be aligned with a detailed timeline for each year of the contract.  This workplan should include brief descriptions on how the vendor will comply with the following mandatory requirements - Deliverables: #2 through 10 and # 13 and 15 and # 4 under the Mandatory Requirements – Submission section. 

Project Management

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 for this project and organizational arrangements of the same.  This information must include:

1. An organizational diagram that indicates staffing arrangement for this project.
2. The time commitments of the proposed staff. Time commitments must be described in terms of projected hours per week devoted exclusively to the NYSED project.
3. Provide a detailed description of responsibilities for all proposed staff.
4. Detailed resumes of all staff members associated with this project.
5. Description of exact location where transcriptions will take place.

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

Project Management Requirements

• Travel to Albany to meet with NYSED staff at least once per year for the duration of the contract. One (1) meeting shall be held in Albany within thirty days of final contract approval.
• Coordinate and participate in bi-monthly conference calls to discuss the status of the work on the contract and any issues related thereto.
• Maintain accurate, up-to-date information on the current status of all work on the project and timely communicate such to the NYSED’s staff person assigned to this project.
• Develop and submit an annual detailed 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 in the required timeframe. The vendor will work in good faith to resolve with NYSED any concerns NYSED has about the plan.
• 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.
• 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 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 material, projects and services produced by the vendor.
2. All schedules for deliverables.
3. Any changes of staff assigned to the project, including project manager, on and after award of the contract and commencement of work for the duration of the contract.
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.

References and Qualifications

The vendor must document its experience in conducting the activity required in this RFP for large scale testing programs.  The vendor must demonstrate its capacity to complete the project using their own hardware and software.  NYSED requires a personal resume for the individual(s) who will be assigned to this contract.  Additionally, the vendor must submit three (3) professional references substantiating the vendor’s qualifications to meet the requirements specified in this RFP.

Monitoring and Evaluation

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.

Ownership

• All braille transcriptions of examinations (both print and computer file formats) and examination related materials shall be the exclusive property of NYSED.
• NYSED is the sole owner of outputs resulting from the work proposed in the RFP, including, but not limited to brailled 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 life of this contract. Materials can only be used by the vendor or other parties with the expressed written permission of NYSED.
• All such outputs are to be turned over to NYSED in print and electronic form, as specified 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 the 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 the NYSED in the vendor’s possession, and (b) any information reasonably useful to or requested by the NYSED in developing a Request for Proposal 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 of 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 vendor under this contract.

Eligibility:

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. 

Payment and Reporting

The contractor will be required to submit quarterly progress reports to NYSED. These reports will be due October 1, January 1, April 1, and July 1 of each contract year, except for the final report, which will be due June 30, 2012. The Contractor will also submit invoices to NYSED for services provided (actual expenditures).  Invoices will be compared to the quarterly progress reports to determine the appropriateness of the charges. Invoices must provide sufficient detail that justifies the expenditures with beginning and end dates of the work performed.

NYSED has exacting standards for its examinations 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 to notify schools of an adjustment in what constitutes an acceptable student response for a question on the braille form of an examination, to eliminate an examination question from consideration in scoring, NYSED will reduce by twenty per cent (20%) the agreed upon remuneration to the vendor for the braille transcription and reproduction of that examination form.

Contract Period

NYSED will award one (1) contract with a term of four (4) years and one (1) month. The contract period will be from June 1, 2008-June 30, 2012.

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 using purchase orders or third party billing for companies or individuals who are not employees of the vendor’s company.

Staff Changes

The Contractor will maintain continuity of the project staff throughout the course of the contract. All changes in staff will be subject to NYSED approval.  Replacement staff must have comparable or superior skills to staff originally designated for this project.

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.  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:

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. Upon receipt of any FOIL request, NYSED’s Office of Counsel will make the final determination regarding what is considered confidential.

Each proposal submitted in response to this RFP must contain eight (8) copies of each technical proposal (one bearing an original signature) (note: one of these copies must be in braille format) and three (3) copies of each cost proposal (one bearing an original signature).  All proposals must be received by March 24, 2008 at 3:00PM in Albany, NY.

Technical Proposal                                                                                                                       (70 Points)

Your Technical Proposal must include the following:

1. Response Sheet for Bids
2. All Forms and Assurances located in 5.) Submission Documents including Mandatory Requirements Certification and all signatures where necessary
3. The Technical Proposal, each section organized as outlined below:

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

1. A workplan that indicates the ability to meet timeframes and security measures available.  This workplan should include brief descriptions on how the vendor will comply with the following mandatory requirements - Deliverables: #2 through 10 and # 13 and 15 and # 4 under the Mandatory Requirements – Submission section. 
2. Resumes and references as required by the RFP.
3. Vendors are required to submit eight copies of the technical proposal including one proposal in braille format and mandatory samples of transcribed work for each of the content areas.  Three (3) separate pdf files containing the three (3) pages for the sample transcriptions are being transmitted with the RFP.  Transcribed pages must be completely accurate and free of error. For all test forms, sample pages must be transcribed in their entirety. The sample pages include:

• The Science Sample (page 9). This is the attachment: RCT Science sample.pdf.
• The Mathematics Sample (page 9). This is the attachment labeled: RCT Math sample.pdf.
• The Global Studies Sample (page 6). This is the attachment labeled: RCT Glo. St. sample.pdf.

           Vendor can request the native QuarkXpress 7 file for each sample if needed.

Cost Proposal                                                                                                                           (30 Points)

The Cost proposal should specify the cost per examination for initial transcription and cost per five (5) copies of each examination for the content areas for the four (4) year and one (1) month contract term.

Actual costs for shipping will be paid by invoice.

The completed Cost Proposal should be mailed in a separate envelope labeled RFP #07-019 Cost Proposal Do Not Open and should include the Bid Form Cost Proposal only.

The Financial Criteria portion of the RFP will be scored based upon total cost per exam (transcribing and printing five (5) copies of each exam) for all content areas as indicated on the bid form cost proposal for the entire four (4) year and one (1) month contract term.  

3.) 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

An evaluation committee of NYSED staff will complete a review of all proposals submitted. The committee will review each proposal to determine compliance with the requirements described in the RFP. 

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 (which includes one in braille format) has been provided, all forms (including the Mandatory Requirements Certificate) and assurances have been completed and the original signatures are included as required.

NYSED reserves the right to contact vendors during the technical scoring process for clarifications of their proposal.

Each proposal should be prepared simply and economically, avoiding the use of elaborate promotional materials beyond those sufficient to provide a complete presentation.  Do not attach pamphlets, letters of support or other items that are not specifically requested. Clarity and brevity of narrative is encouraged.

If supplemental materials are a necessary part of the technical proposal, the vendor should reference these materials in the technical proposal, identifying the documents(s) and citing the appropriate section and page(s) to be reviewed.

The technical portion of the proposal will be reviewed and rated by the evaluation committee according to the criteria below. Proposals receiving at least seventy percent (70%) of the points available for the technical proposal (a total of 49 out of 70 points) will move to the next step of the process. Proposals with a score of less than 49 points in the Technical Proposal section will be eliminated from further consideration.  Each proposal received by the deadline, which includes all required forms and assurances as well as a complete technical proposal in braille, 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 competence of the vendor in performing duties for NYSED described in the requirements of this proposal for transcribing braille and must include a description of experience in timely, error free production and submission of materials according to NYSED’s timelines.

2. Appropriateness of Work Plan-15 points

The proposal and work plan demonstrate sensitivity to New York’s large-scale high stakes assessment system and an understanding of the nature of large–scale assessment and the importance of high standards.

3. Quality of Braille Transcriptions-20 points

The transcribed sample examination pages (Mathematics, Science, and Global Studies) must be accurate and reflect NYSED’s Office of State Assessment’s formatting standards as indicted in the sample examination pages. NYSED will thoroughly examine the transcribed pages. The qualities of the transcribed work samples meet the specifications of NYSED as rated by a NYSED braille reader.

4. Experience in 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.

Financial Criteria                                                                                                                            (30 Points)

The Financial Criteria portion of the RFP will be scored based upon total cost per exam (transcribing and printing five (5) copies of each exam) for all content areas.

• The financial portion of the proposal represents thirty (30) points of the overall score and will be awarded points pursuant to a formula. This calculation will be computed by the Contract Administration Unit upon completion of the technical scoring by the technical review panel.
• The agency reserves the right to request best and final offers.
• The submitted budget will be awarded points pursuant to a formula which awards the highest score of thirty (30) points to the budget that reflects the lowest overall cost. The remaining budgets will be awarded points based on a calculation that computes the relative difference of each proposal against the lowest budget submitted. The resulting percentage is then applied to the maximum point value of thirty (30) points.

Method of Award

The aggregate score of all the criteria listed will be calculated for each proposal received.

The contract issued pursuant to this proposal will be awarded to the vendor whose aggregate technical and cost score is the highest among all the proposals rated.

In the event that more than one proposal obtains the highest aggregate score, the contract will be awarded to the vendor in that group of highest aggregate scores whose budget component reflects the lowest overall cost.

The New York State Education Department reserves the right to reject all proposals received or cancel this RFP if it is in the best interest of the Department.   

Post Selection Procedures

Upon selection, the successful bidder will enter into negotiations for a contract with NYSED. The contents of this RFP, any subsequent correspondence related to final contract negotiations, and such other stipulations as agreed upon may be made a part of the final contract developed 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.

Vendor Responsibility

State law requires that the award of state contracts be made to responsible vendors. Before an award is made to a not-for-profit entity, a for-profit entity, a private college or university or a public entity not exempted by the Office of the State Comptroller, the Department must make an affirmative responsibility determination. The factors to be considered include: legal authority to do business in New York State; integrity; capacity- both organizational and financial; and previous performance. Before an award of $100,000 or greater can be made to a covered entity, the entity will be required to complete and submit a Vendor Responsibility Questionnaire.

Vendors are invited to 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 at: http:\\www.osc.state.ny.us/vendrep/systeminit.htm or go directly to the VendRep System online at https://portal.osc.state.ny.us.

For direct VendRep System user assistance, the OSC Help Desk may be reached at 866-370-4672 or 518-408-4672 or by email at helpdesk@osc.state.ny.us. 

Vendors opting to file a paper questionnaire can obtain the appropriate questionnaire from the VendRep website: http://www.osc.state.ny.us/vendrep/templates.htm or will receive it with the award letter.

Note: Bidders must acknowledge whether they filed their questionnaire online by checking the appropriate box on the Response Sheet for Bids (5.) Submission Documents).

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 - Restrictions on the Activities of Current and Former State Officers and Employees

All current and former State employees are prohibited from submitting a bid proposal, as such would violate 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.

All other bidders are prohibited from submitting a bid proposal if they employ or subcontract with a current or former State employee, as defined below in Public Officer’s Law 73(i):

(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.dos.state.ny.us/ethc/POL73.html.

4.)     Assurances

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

The documents listed below are included in 5.) 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 two (2) certifications:

MacBride Certification
                        (Signature Required - the form is included in 5.) Submission Documents)

                        Certification-Omnibus Procurement Act of 1992
                        (Signature Required - the form is included in 5.) Submission Documents)

            Appendix A-1 – NYSED Contract Clauses

Affirmative Action and Minority/Women Owned Business Enterprise Policy

Certification Regarding Lobbying; Debarment and Suspension; and Drug-Free Workplace Requirements
(Signature Required - the form is included in 5.) Submission Documents)

Mandatory Requirements Certificate (Signature Required)

New York State Education Department’s
Minority/ Women-Owned Business Enterprise Procurements Policy

            It is the policy of the New York State Education Department to provide certified minority or women-owned business enterprises and small business enterprises with equal opportunity to Department procurements. Article 15-A of the NYS Executive Law, and Section 163 (6) of the NYS Finance Law were enacted to promote fairness in, and greater access to, the procurement process. The Board of Regents and the Commissioner are committed to a workforce that is representative of the many communities we serve, and to business practices which likewise reflect this commitment. Integral to the achievement of these goals is the increased utilization of women and minority-owned enterprises (M/WBEs) as vendors of the goods and services purchased/contracted by the Department.  In doing so, we will further support our mission “To raise the knowledge, skill and opportunity of all the people in New York.

            Every Department employee involved in the procurement process is responsible for ensuring both compliance with the above referenced laws and the maximum possible use of M/WBEs consistent with procedures developed jointly by the Office of Fiscal Management and the Office for Diversity, Ethics and Access.

Attachment A

Security Guidelines for New York State Assessment Program

1. NYSED staff and vendor staff working with NYSED responsible for transporting, receiving, handling, distributing 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 test examinations and related materials.
2. Secure testing materials are required to be under the physical control of authorized NYSED personnel or contractor 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.
3. Contractors 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 the State Education Department or the contractor’s place of business.
4. Contractors are required to make arrangements for the secure destruction of any materials used during the transcription process of which they wish to dispose.
5. Contractors are required to use locked boxes to transport to or from NYSED and/or to store secure materials.  The locked boxes will be provided to the vendor by NYSED.
6. 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.
7. 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.
8. All staff who reviews transcribed materials are required to sign a confidentiality statement.