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Title: Funding for General Educational Development (GED) Test Administration—Outside New York City
The New York State Education Department (NYSED) is seeking proposals from eligible applicants that wish to administer the test of General Educational Development (GED) as a public GED test center. NYSED seeks to replace the current payment system with a reimbursement system where the costs of GED testing personnel and other appropriate expenses are paid at the local level by the agency operating the official GED test center. Contracts will be awarded only to those agencies that will provide testing to the general public. These Public GED Testing Centers may include, but are not limited to, school districts, community colleges, and educational opportunity centers (EOC’s). Funding under this RFP is available only to public GED test centers. Applicants are encouraged to include provisions for testing incarcerated individuals at county facilities in their proposals.
For the purpose of this RFP, NYSED has established thirty GED Testing Service Areas (TSAs) outside of New York City. A minimum of one contract will be awarded in each TSA. The counties within each TSA are identified on the chart in the Statement of Need section of this RFP.
Eligible applicants include currently approved Public GED testing centers, as well as agencies wishing to become public GED testing centers. For a complete listing of eligibility criteria, see Eligibility Criteria for Becoming an Official GED Testing Center. NYSED will award a minimum of one contract to the top scorer from each TSA, on the condition that the proposal provides for the annual number of test seats for that TSA. If not, NYSED will award as many contracts as necessary to accommodate the testing of the number of candidates per year in that same TSA as delineated in the RFP.
The contracts resulting from this RFP will run from July 1, 2008-June 30, 2011 with the option to renew for two additional one- year periods.
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 #07-033 are as follows:
Questions regarding the request must be submitted by E-mail to emscadulta1@mail.nysed.gov no later than the close of business February 22, 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 3, 2008.
Program Matters |
Fiscal Matters |
Tom Orsini |
Gary Yorkshire |
(518) 474-8940 |
(518) 408-1715 |
E-Mail: emscadulta1@mail.nysed.gov |
E-Mail: emscadulta1@mail.nysed.gov |
Five (5) copies of each technical proposal (one bearing an original signature) and five (5) copies of each of the Submission Documents (one bearing an original signature) must be received no later than:
Date: March 24, 2008 |
At: NYS Education Department |
Time: 3:00 PM |
Bureau
of Fiscal Management |
Each proposal must be clearly labeled with the name of the Testing Service Area for that proposal.
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.
Overview of the GED Test:
The GED Test is an international exam developed by the GED Testing Service (GEDTS) of the American Council on Education (ACE) in Washington D.C.
Since the 1940’s, the GEDTS has made the GED Test available to adults (16 years and older) who did not graduate from high school. When individuals are successful in passing the GED Test, they receive a certificate or diploma that is regarded as equivalent to a high school diploma. Employers in private industry and government, as well as admissions officers in colleges, accept the high school equivalency diploma/certificate as they would a high school diploma.
The GED Test, which is offered in English, French and Spanish, consists of the following subtests:
The GED Test is administered throughout New York State through a contract between GED Testing Service of the ACE and the New York State Education Department (NYSED). Since the GED Testing Service is the sole proprietor of the GED Tests, each of the current official GED testing centers in New York are required to have a contract with the GED Testing Service and must adhere to all policies and procedures set forth by GEDTS as well as NYSED.
The current delivery system for GED Test administration in New York State is made up of a variety of agencies. Some of these component organizations include, but are not limited to the following: school districts, Boards of Cooperative Education Services (BOCES), community colleges, state prisons, community based organizations, residential facilities and county jails.
NYSED groups these agencies into two basic classifications, non-public and public.
Non-public Agencies
Examples of non-public agencies include facilities such as New York State prisons operated by the New York State Department of Correctional Services (NYSDOCS), residential centers operated by the New York State Office of Children and Family Services (NYSOCFS), Job Corps, rehabilitation facilities and hospitals.
Public Agencies
Public agencies
are those organizations, such as school districts, BOCES, and community colleges,
which administer the GED Test to the public. Any qualified New York State
resident can apply via any public GED testing center and be administered the
GED Test. These public entities do not restrict GED Test administration
to their own students but are open to all who request testing.
Currently, NYSED pays the following for public test centers:
The public testing centers pay the cost for the following:
NYSED, which is responsible for the administration of the GED Test in New York State, must increase the number of public testing centers to relieve the current backlog and to decrease the wait time for test candidates.
NYSED will award as many contracts as necessary to test 31,150 candidates per year. Awards will be made, in rank order within each TSA, in accordance with the allocation chart below, in an effort to best meet NYSED’s objective that adequate GED testing sites shall be available throughout the TSA’s specified in this RFP. Notwithstanding the foregoing, NYSED reserves the right to limit the number of testing slots awarded to any one agency to 50% of the total testing slots available in the TSA in which that agency is applying. If all applicants within a TSA are funded without exhausting all available slots for that TSA, NYSED may award additional slots to the agency(s), in rank order, that have not been awarded the full number of testing slots requested due to the foregoing 50% limit. Then, if any TSA(s) have remaining slots with no qualified applicants available for award, these slots shall be awarded to successful applicants in other TSA’s (by statewide rank) who have not received award, or subsequently to those remaining without their requested number of slots, again by rank. In the event of a tie score occurring at any point within this distribution schema, the slots available for distribution will be distributed evenly among the tie scorers.
TSA |
English |
Spanish |
French |
Total |
Albany-Schenectady-Schoharie |
2400 |
50 |
|
2450 |
Broom-Tioga |
1000 |
20 |
|
1020 |
Cattaraugus-Allegany |
500 |
20 |
|
520 |
Cayuga-Onondaga-Cortland |
2700 |
50 |
|
2750 |
Clinton-Essex |
350 |
20 |
10 |
380 |
Delaware-Chenango-Otsego |
1000 |
25 |
|
1025 |
Dutchess |
1500 |
20 |
|
1520 |
Erie |
3000 |
75 |
|
3075 |
Chautauqua |
500 |
|
|
500 |
Franklin |
300 |
|
|
300 |
Genesee-Wyoming-Livingston |
500 |
|
|
500 |
Hamilton-Fulton-Montgomery |
200 |
|
|
200 |
Herkimer-Madison-Oneida |
1000 |
25 |
|
1025 |
Jefferson-Lewis |
250 |
|
|
250 |
Monroe |
2700 |
20 |
|
2720 |
Nassau |
1500 |
50 |
|
1550 |
Ontario-Seneca-Wayne-Yates |
600 |
20 |
|
620 |
Orange |
1000 |
50 |
|
1050 |
Orleans-Niagara |
1000 |
20 |
|
1020 |
Oswego |
250 |
|
|
250 |
Rensselaer-Columbia-Greene |
450 |
|
|
450 |
Rockland |
350 |
50 |
50 |
450 |
St. Lawrence |
300 |
|
|
300 |
Saratoga-Warren-Washington |
750 |
|
|
750 |
Schuyler-Chemung-Steuben |
650 |
|
|
650 |
Suffolk |
1600 |
175 |
|
1775 |
Sullivan |
550 |
15 |
|
565 |
Tompkins |
220 |
10 |
|
230 |
Ulster |
475 |
20 |
|
495 |
Westchester-Putnam |
2500 |
250 |
10 |
2,760 |
TOTAL |
30,095 |
985 |
70 |
31,150 |
For the purposes of comparing bids, bids for a defined TSA will be compared and scored only with other bids from that same TSA, except in the instance when all qualifying applicants in a particular TSA have received their requested number of slots and that TSA’s remaining slots are distributed to other qualified applicants who have not yet received their requested slots in a different TSA. Those applicants will be ranked in the aggregate, rather than by TSA, and will receive any available slots by statewide rank.
The figures in the previous chart are projections based on numbers of GED candidates tested between July 1, 2006 and June 30, 2007 and are provided as a guide to assist proposal writers. The actual amount paid to any test center will depend on the actual number of candidates tested between July 1, 2008 and June 30, 2011. That amount may actually be lower than the numbers provided above.
NYSED is making funds available for the administration of the GED Test in English, Spanish or French. These funds will be allocated based on projected numbers of GED Tests given during the funding period July 1, 2008-June 30, 2011. The funding can be used to support the administration of the GED Test in English, Spanish or French, serving all test candidates including those who require special testing accommodations.
Under the current system, NYSED covers payments made to GED testing personnel at public testing sites. These payments are made directly to GED testing personnel at the local level upon completion of a NYS Standard Voucher, which is submitted directly to the NYSED GED Testing Office.
NYSED seeks to replace the current payment system with a reimbursement system. The costs of GED testing personnel will be paid at the local level by the successful applicant agency operating the GED test center. This agency will set the rate of pay for all GED testing personnel at their site, and will be responsible for the costs of rental space, security and custodial services. The new system will make monthly payments based on the actual number of GED tests administered within that month. Agencies must submit signed vouchers to NYSED in order to receive payment. These funds cover payments to chief examiners, alternate examiners, proctors and clerks and may also cover additional costs such as custodial and security services. The monthly payments must be for actual expenditures of services already provided.
For a listing of all reimbursement rates, see following section entitled Funding Rates.
The following information is only for GED testing at public sites:
Under the new system NYSED will continue to pay directly
for:
All agencies testing in English, Spanish, or French will be reimbursed based at the rate of twenty dollars ($20.00) per test.
In instances where special testing accommodations limit the number of test takers able to be seated at less than ten, GED test centers will be reimbursed at the rate of two hundred twenty five dollars ($225.00) per test session in the counties of Nassau, Suffolk, Westchester, Putnam and Rockland and at the rate of two hundred dollars ($200.00) for the rest of the state.
It is expected that the testing centers make appropriate scheduling arrangements to serve test candidates who are approved to receive testing accommodations. Although there will be instances in which a private room will be provided for a test candidate which will necessitate 1:1 examiner/test taker ratio, it is expected that testing centers reserve time for special test sessions and all test takers who are approved for testing modifications be given the GED Test at the same time.
For accommodations requiring extended time, the rates will be different based on the amount of extended time allowed. For each testing accommodations session, the GED testing personnel will be paid the current per test session rate of two hundred twenty five dollars ($225.00) or two hundred dollars ($200.00), depending on location (noted above). In addition, they would receive extra for any extended time over the regular time (8 hours) of test administration, on a pro-rated basis.
For example, for a special session in Westchester County, where all of the testers have twice the regular testing time, the test center would receive two hundred twenty five dollars ($225.00) flat rate plus two hundred twenty five dollars ($225.00) for the additional test administration time for a total of four hundred fifty dollars ($450.00). If the exam lasts for ten hours instead of eight, the test center would receive an additional 25% over the flat fee of $225.00.
Test centers may only use this funding to serve any GED test candidate who meets the following criteria: (A, B, or C)
A. has lived in New York State for at least one (1) month prior to the test date AND
1. is 19 years of age or over on the day of testing; AND
*2. has not graduated from an accredited high school in the United States
or its territories;
*3. has not received a high school equivalency certificate or diploma
in the United States or its territories;
*4. is not currently enrolled in a regular high school; and
*5. has not previously earned scores on the GED tests sufficient to
qualify for a high school equivalency certificate or diploma.
B. has lived in New York State for at least one (1) month prior to the test date AND
1. is 17 or 18 years old on the day of testing; AND
2. one year has passed since he or she reached maximum compulsory
school attendance age** and last enrolled in a regular full-time high school
program of instruction;
OR
3. was a member of a high school class that has already graduated;
OR
4. is enrolled in an approved Alternative High School Equivalency Preparation
Program;***
OR
5. has applied to the U.S. Armed Forces, college, university or
an accredited post-
secondary institution; OR
6. is an adjudicated youth under the direction of a parole or probation
officer;
OR
7. has been home schooled.
C. has lived in New York State for at least one (1) month prior to the test date AND
1. is 16 years old on the day of testing AND
2. has reached maximum compulsory school attendance age; AND
3. is enrolled in an approved Alternative High School Equivalency
Preparation (AHSEP) program; OR
4. has applied to the
U.S. Armed Forces, college, university or an accredited postsecondary institution.
*Criteria 2 through 5 in Section A above apply to all test candidates, regardless of age.
** A student has reached maximum compulsory school attendance age when the school year in which he or she turned 16 (or such older maximum age as the board of education of the school district may designate for required school attendance pursuant to section 3205 (3) of the Education Law) has ended (June 30).
***An Approved Alternative High School Equivalency Preparation Program is a program for students under age 19 which is operated only by a public school district or the local board of education, BOCES or the New York State Office of Children and Family Services in accordance with Part 100.7 of the Commissioner’s Regulations and approved on an annual basis by the New York State Education Department.
Note: Persons from foreign countries under the age of 19 who are not able to produce documents from their last school attended must submit notarized letters signed by their parents, guardians or sponsors certifying that they have never attended regular K-12 school in the United States. They must also submit documentation of when they arrived in the U.S.
The successful applicant agency operating the GED test center will give priority seating to test candidates who present evidence they have passed the Official Practice Test (OPT). Test candidates must present one of the following forms (see Attachments 1 and 2) to be able to receive priority seating for the test:
This funding is available to agencies who will administer the GED Test to the general public and who are located in TSA’s identified in the chart displayed on a previous page:
GED testing centers are responsible for the management and oversight of a testing program that ensures access to all qualified candidates and to maintain the integrity of the GED Test and its administration. GED Testing centers are responsible for submitting documentation indicating their willingness to comply with all GEDTS and NYSED policies.
The policy and criteria for establishing an Official GED testing center can be found in Section1 (Procedures for Establishing an Official GED Testing Center 1.2 p.1-1) of the 2005-06 GED Examiner’s Manual, Where Official GED Testing Centers May Be Established (www.emsc.nysed.gov/ged/guides.shtml ).
The policy reads: “Upon authorization by the jurisdictional agency, the GED Testing Service may approve the establishment of an official GED Testing center at the following locations”:
A jurisdiction agency (such as the NYSED) may establish additional special limitations on where New York States’ official GED testing centers may be established. Consideration may be given to those applicants who wish to offer GED test administration in areas of documented need.
The following organizations are eligible to apply as long as they meet the criteria described above:
For more information on becoming an official GED testing center, please refer to the following: www.emsc.nysed.gov/ged/site-estab.shtml. For a complete description of the requirements of operating a GED test center, it is suggested that applicants read the GED Testing Office Guide and the Chief Examiner’s Manual available at: http://www.emsc.nysed.gov/ged/guides.shtml.
The official GED Testing Center Staff shall consist of the following:
Chief Examiners must hold at least a bachelor’s degree from a nationally accredited college or university and shall have experience in teaching, training, counseling or testing.
GED Examiners must have a bachelor’s degree from a nationally accredited college or university and experience in teaching, training, counseling or testing; or a minimum of an associate’s degree from a nationally accredited community college and three years of experience in teaching, training, counseling or testing.
GED Proctors shall have a high school diploma or a high school equivalency diploma/certificate and are selected by the GED Chief Examiner or Examiner. Proctors may hold a high school diploma/certificate issued outside of the United States, but must have excellent proficiency in listening, speaking, reading and writing the English language.
GED Clerks shall have a high school diploma or high school equivalency diploma/certificate and are selected by the Chief Examiner or examiner. Clerks may hold a high school diploma/certificate issued outside of the United States, but must have excellent proficiency in listening, speaking reading and writing the English language.
Persons who are involved in the instruction of potential candidates for the GED Test are not eligible for appointment as Chief Examiners, examiners or proctors. This includes teachers of Adult Basic Education, Pre-GED and GED. However, instructors who teach Basic Literacy or Beginning Reading at grade levels 0-3.9 are eligible. Teachers of multi-grade levels that include students above grade level 3.9 are not eligible. ESL instructors at all grade levels are eligible provided no instruction pertaining to the GED test is given. No staff members of Job Corps centers are eligible to be GED Chief Examiners, examiners, proctors or clerks.
Staff from the NYSED GED Testing Office will conduct a site visit to any proposed GED Testing Center that meets the minimum technical score as part of the evaluation process of applications. NYSED staff must ensure that the agency meets all mandatory requirements outlined in the RFP. The site visits will be scored on a pass/fail basis.
All successful applicants will be required to submit testing schedules to the GED Testing Office in order that these times, dates and locations may be posted on the GED Testing Office website: www.emsc.nysed.gov/ged.Agencies would be required to administer the GED Test in English, French and/or Spanish. Chief Examiners must be fluent in French and/or Spanish when administering tests in those languages. In addition to serving regular GED test takers, applicants would be required to provide testing accommodations to individuals with disabilities.
|
English |
French |
Spanish |
Language Arts 50 questions |
75 |
80 |
80 |
Language Arts Essay |
45 |
50 |
50 |
Science 50 questions |
80 |
85 |
85 |
Social Studies 50 questions |
70 |
75 |
75 |
Reading 40 questions |
65 |
70 |
70 |
Mathematics 25 questions |
45 |
50 |
50 |
Mathematics 25 questions |
45 |
50 |
50 |
English as a Second 60 questions |
80 |
|
|
*The ESL test may be given with the Spanish or French print versions of the GED Test at the discretion of the GED test candidate.
GED Testing for People with Disabilities (Accommodations
Testing)
In addition to jurisdictional and site responsibilities, GEDTS requires
specific assurances that GED testing centers are complying with the Americans
with Disabilities Act (ADA) of 1990.
The GED Testing Services guidelines state, “Under the Americans with
Disabilities Act (ADA), entities that administer standardized examinations
must offer the examinations in a place and manner that is accessible to persons
with disabilities.” (Section 11, pg 11-1, GED Examiners Manual
2005-06) http://www.emsc.nysed.gov/ged/guides.shtml.
For more information on requirements for providing accommodations to GED
candidates with Disabling Conditions, please refer to the following website:
www.emsc.nysed.gov/ged/mods.
The application package will include:
Application Cover Sheet
Proposed Test Schedule
Certification Statement of Ability to Meet Minimum Requirements
An applicant responding to this Request for Proposal must certify that it is in a position to meet the mandatory requirements listed below. All applicants must sign the Mandatory Requirements Certification located in #5. Submission Documents. Proposals that do not include the signed Mandatory Requirements Certification will be disqualified and removed from further consideration.
All testing centers must be located in the TSA that it serves.
GED testing centers are responsible for the management and oversight of a high-quality testing program that ensures access to all qualified candidates and to maintain the integrity of the GED tests and their administration. GED testing centers are responsible for submitting an annual Test Security Memorandum indicating their willingness and ability to comply with all GED Testing Service (GEDTS) and SED policies. All policies and procedures can be found in the 2005-06 GED Examiners Manual, (Section 1 Procedures for Establishing an Official GED Testing Center, Part 1.3.2 Institutional Requirements p.1.3-1.6) and the NYSED Chief Examiners Manual 2005 (http://www.emsc.nysed.gov/ged/docs/exammanual6-05.doc). In addition, GEDTS requires specific assurances that GED testing centers are complying with the Americans with Disabilities Act of 1990. To meet these demands, GED testing centers must provide the following:
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. Every effort must be made to ensure that staff of the regional centers providing test administration is indeed reflective of their respective communities.
Suitable Physical Facilities
Adequate Staffing/Personnel
Full Testing Support Services
Cooperation with GED Testing Service
Financial Management
Test Security
Scheduling
Test Dates |
Language* |
Number of Test Takers |
Per Test Rate |
Reimbursement |
|
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|
Example |
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|
|
|
7/01/07 |
E |
60 |
$20.00 |
$1200.00 |
7/15/07 |
F |
20 |
$20.00 |
$400.00 |
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Total |
|
80 |
|
$1600.00 |
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|
|
*Indicate English (E), Spanish (S) or French (F) Total reimbursement Requested_____________________
*Indicate English (E), Spanish (S) or French (F)
Total reimbursement requested___________________
Test Dates |
Language* |
Number of Test Takers |
Type of Accom- |
Total Hours of Test Session |
Per Test |
Reimbursement |
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Example |
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7/01/07 |
E |
4 |
Extended Time |
16 |
$225.00 |
$450.00 |
7/15/07 |
E |
2 |
Deaf |
8 |
$225.00 |
$225.00 |
7/22/07 |
S |
3 |
Extended Time |
12 |
$225.00 |
$337.50 |
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Total |
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9 |
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$1012.50 |
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*Indicate English (E), Spanish (S) or French (F)
Total reimbursement Requested_____________________
The contracts resulting from this RFP will run for three years from July 1, 2008-June 30, 2011 with the option to renew for two additional one-year periods.
Extensions for the two (2) additional one (1) year periods would be dependent upon:
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.
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.
Each proposal submitted in response to this RFP should contain five (5) copies of the Technical Proposal (one bearing an original signature). All proposals must be received by March 24, 2008 at 3:00 PM in Albany.
Each Proposal should be clearly labeled with the name of the TSA for that proposal.
Technical Proposal (100 Points)
Your Technical Proposal should include the following:
Point Value per Section
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 are included as required.
The technical portion of the proposal will be reviewed and rated by the evaluation committee according to the criteria below. Proposals receiving at least sixty percent (60%) of the points available for the technical proposal (a total of 60 out of 100 points) may be eligible for an award. Those applicants eligible for an award will be scheduled for a site visit to ensure that the agency meets all mandatory requirements outlined in the RFP. Site visits will be conducted on a pass/fail basis. If an agency fails the site visit, NYSED may make an award to the next ranking applicant from that same TSA, subject to that applicant passing the site visit. Proposals with a score of less than 60 points in the Technical Proposal section will be eliminated from further consideration and will not be scheduled for a site visit. Each proposal received by the deadline will be reviewed and rated on the quality and extent to which the applicant meets the following criteria:
For the purposes of comparing bids, bids for a defined TSA will be compared and scored only with other bids from that same TSA, except in the instance when all qualifying applicants in a particular TSA have received their requested number of slots and that TSA’s remaining slots are distributed to other qualified applicants who have not yet received their requested slots in a different TSA. Those applicants will be ranked in the aggregate, rather than by TSA, and will receive any available slots by statewide rank.
Technical Criteria 100 Points
1) Project Description: 20 points
Please provide a concise summary that describes the entire proposal. Make sure your summary includes the following information:
Provide a rationale for establishing a GED testing center in the community. Indicate the closest current GED testing centers and describe your knowledge of current availability of GED testing slots in your particular area.
Describe the target population(s), their literacy needs as well as their need for GED testing. Provide a typical test candidate profile (e.g. age, employment status, etc…) and how their testing needs will be met in terms of English, Spanish and/or French GED testing in your community.
Explain how your GED testing center will be able to offer flexible testing schedules to meet the needs of the GED test candidates. This test schedule must reflect factors such as transportation, work schedules, school schedules, childcare, religious observances, etc.
Indicate any supplemental/support services such as assessment, counseling and referral for childcare, transportation you may provide to GED test candidates.
Describe your efforts to coordinate your testing program with other providers (e. g. GED preparation and other educational programs, etc.) in the area. Identify names of agencies with which you will provide services, describing all of your responsibilities, as well as the responsibilities of the other said agencies.
2) Qualifications of Proposed Chief Examiner 10 points
The proposed Chief Examiner(s) has attended NYSED- provided Chief Examiner training within the last twelve months and has at least three years experience as a Chief Examiner in New York State.
3) Numbers of Students Tested 20 points
The maximum number of points will be awarded to the proposal in each TSA that will test the number of candidates allocated to that TSA. Proposals that will serve less than the allocated number will be awarded a prorated amount of points based on the number of candidates to be tested as a percentage of the number of test seats allocated. For example, Proposal A states that it will test 1,200 candidates in Nassau County from July 1, 2008-June 30, 2009. It is the highest figure submitted by any Nassau County proposal. Proposal B states that it will test 600 candidates in Nassau County during the same time period. Proposal B’s score on this section would be 10, half of Proposal A’s score.
4) Frequency of Testing 20 points
Proposals will be rated according to the frequency with which testing is scheduled and the number of sessions scheduled per year. The total points awarded are the combination of the scores for both. See chart below.
Frequency |
Weekly |
Every two weeks |
Monthly |
|
|
|
|
Points |
10 |
5 |
3 |
|
|
|
|
Sessions Per Year |
27-52 |
13-26 |
6-12 |
Points |
10 |
5 |
3 |
|
|
|
|
5) Accessibility 10 points
Include listing of each proposed test site location including number of blocks away from public transportation. Tests sites that are less than four blocks from public transportation will be awarded 10 points. Test sites that are four to ten blocks from a public transportation will be awarded 7 points. Test sites that are more than ten but less than twenty blocks from public transportation will be awarded 4 points. Test sites that are more than twenty blocks from public transportation will be awarded zero points. Proposals that offer multiple tests sites must list the distance from public transportation for each proposed site. The points awarded will be the average for all sites. All sites must be accessible to people with limited mobility.
6) Testing Schedule 20 points
Financial Criteria 0 Points
• The financial portion of the proposal represents 0 points of the overall score.
The technical score of all the criteria listed will be calculated for each proposal received.
The contracts issued pursuant to this proposal will be awarded to the vendor whose technical score is the highest among all the proposals rated in that vendor’s TSA.
NYSED will award as many contracts as necessary to test 31,150 candidates per year. Awards will be made, in rank order within each TSA, in an effort to best meet NYSED’s objective that adequate GED testing sites shall be available throughout the TSA’s specified in this RFP. Notwithstanding the foregoing, NYSED reserves the right to limit the number of testing slots awarded to any one agency to 50% of the total testing slots available in the TSA in which that agency is applying. If all applicants within a TSA are funded without exhausting all available slots for that TSA, NYSED may award additional slots to the agency(s), in rank order, that have not been awarded the full number of testing slots requested due to the foregoing 50% limit. Then, if any TSA(s) have remaining slots with no qualified applicants available for award, these slots shall be awarded to successful applicants in other TSA’s (by statewide rank) who have not received award, or subsequently to those remaining without their requested number of slots, again by rank. In the event of a tie score occurring at any point within this distribution schema, the slots available for distribution will be distributed evenly among the tie scorers.
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.
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.
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).
Chapter 166 of the Laws of 1991 added Article XI-B (The Prompt Contracting Law) to the State Finance Law promoting prompt contracting with NFP organizations.
More specifically, the Prompt Contracting Law sets time frames for processing contracts and related documents; provides for written directives, waivers of interest, and advances/loans to Not-for-Profits (NFPs) when those time frames cannot be met; and requires interest payments to NFPs when contract payments are late due to untimely processing of contracts and no advance or loan was provided. For information on loans for NFPs from the Short-Term Revolving Loan Fund, refer to Bulletin A-268. This bulletin explains the procedure to follow when contracting with NFPs.
Chapter 648 of the Laws of 1992 made several changes to Article XI-B. The 1992 revisions provided more reasonable time frames for processing local grant awards and federally funded contracts; allowed for state agencies and NFPs to waive interest payments under certain circumstances; eliminated interest penalties for contracts executed and funded in whole or in part for services rendered in a prior fiscal year; and limited the amount of time a state agency may suspend time frames to four and one-half months.
Chapter 292 of the Laws of 2007 added further amendments to Article XI-B. The 2007 amendments prohibit state agencies from requiring NFPs, as a prerequisite of the execution of a contract, to waive claims for interest that would otherwise be due; provide that a contract is deemed to continue, and the contract remains in effect when a state agency does not timely notify an NFP of an intent to terminate the contract; require that any waivers of interest be subject to the Office of the State Comptroller’s (OSC’s) approval and provide for the calculation and payment of interest to NFPs when OSC non-approves a waiver of interest; require state agencies to report prompt contracting information to OSC for inclusion in annual reports; and expand the NFP contracting advisory committee to sixteen members, require meetings at least quarterly, and expand the scope of the committee’s responsibility.
A key objective of the Prompt Contracting Law is to expedite the contract process, and corresponding payments with NFPs to avoid service interruptions and financial hardships for these organizations. OSC advises that state agencies take measures to ensure compliance with the requirements of the Prompt Contracting Law. To this end, state agencies should maximize their use of the standard contract boilerplate, including simplified renewal documents, written directives, and valid waivers of interest when contracting with NFPs.
State agencies utilizing waivers of interest should ensure that the waiver is signed and dated by the NFP, includes an explanation for the retroactive contract start date, and satisfies required time frames set by the law.
Note: The Prompt Contracting Law requirements pertain to all grant contracts with NFPs, including those that fall below the $50,000 threshold for the Comptroller’s prior approval.
Source: OSC A-Bulletin A-316 (update effective January 1, 2008)
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.
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.
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
Certification Regarding Lobbying; Debarment and Suspension; and Drug-Free
Workplace Requirements
(Signature Required - the form is included in 5.) Submission Documents)
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 previous consent, in writing, of the State and any attempts to assign the contract without the State's written consent are null and void. The Contractor may, however, assign its right to receive payment 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.
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) FEDERAL EMPLOYER IDENTIFICATION NUMBER and/or FEDERAL SOCIAL SECURITY NUMBER. All invoices or New York State standard vouchers submitted for payment for the sale of goods or services or the lease of real or personal property to a New York State agency must include the payee's identification number, i.e., the seller's or lessor's identification number. The number is either the payee's Federal employer identification number or Federal social security number, or both such numbers when the payee has both such numbers. Failure to include this number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or New York State standard voucher, 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 New York State's Central Accounting System by the Director
of Accounting Operations, 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, 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:
(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, 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; or (iii) banking services, insurance policies or the sale of securities. 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 Governor's Office 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 State Finance Law §165. (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 n