NYSED / P-12: EMSC / Competitive Procurement Contracts / RFP #09-008

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RFP #09-008

Title: Alternate Assessment for New York State Students with Severe Cognitive Disabilities

The New York State Education Department (NYSED) is seeking proposals for the ongoing development, administration, scoring, research, and printing of materials for an alternate assessment for students with severe cognitive disabilities. The assessment known as the New York State Alternate Assessment (NYSAA) is administered in Grades 3 through 8 and high school in English Language Arts (ELA) and Mathematics and once each for students at the elementary, middle, and high school levels in Science and Social Studies.

Eligible Applicants

The eligible applicants are any testing company and/or educational organization with demonstrated experience in working with large scale, alternate assessments, and printing and shipping assessment-related materials including audio tapes, CDs, video tapes, and/or DVDs in a timely manner.

NYSED encourages the use of minority/women-owned business enterprises as both prime contractors and subcontractors. Please see page 15 of this RFP for information regarding NYSED’s Minority/Women-Owned Business Enterprise Procurement Policy.

Subcontracting

Subcontracting is limited to no more than forty-five (45) percent of the annual contract budget. When subcontracting work under this contract, the contractor must, on an annual basis, use Minority/Women-Owned Business Enterprises or Small Business Enterprises for a minimum of 10% of its subcontracting needs. These subcontractors must register with the New York State Division of Minority and Women-owned Business Development before beginning any work associated with this contract. See: www.nylovesmwbe.ny.gov .

Contract Period

NYSED intends to award one (1) contract for a term of five (5) years. The contract will begin on November 1, 2009 and end on October 31, 2014 and will provide for five years of test administrations beginning with the 2009-10 school year. In New York State the school year usually begins shortly after September 1 and ends shortly before June 30.

Mandatory Requirements

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

• All bidders must sign and return the Mandatory Requirements Certification located in Submission Documents. Proposals that do not include the signed Mandatory Requirements Certification will be disqualified and removed from further consideration.
• Any proprietary material considered confidential by the bidder must specifically be so identified, and the basis for such confidentiality must be specifically set forth in the proposal.
• The bidder must include with the submission of the technical proposal, at least three current professional references to substantiate qualifications. Current shall mean references relevant within the last three years.
• The bidder must identify a project manager to be the central point of contact with NYSED for this contract. The project manager must not have primary responsibility for any other contract with NYSED or a large-scale assessment in another state.
• Subcontracted activities, subcontractors’ names, and costs must be specifically indicated on the Subtracting Form located in the Submission Documents. NYSED reserves the right to approve all subcontractors.
• All NYSAA and NYSAA-related materials must be completed in the style and format prescribed and approved by NYSED. Current school year NYSAA materials may be found at: http://emsc.nysed.gov/osa/nysaa/home.shtml
• The vendor must use the following resources (available at NYSED’s web site http://emsc.nysed.gov/osa/nysaa/home.shtml) when developing any new NYSAA-related materials:
  • NYSAA Test Blueprint
  • NYSAA Administration Manual
  • NYSAA Frameworks for ELA, Mathematics, Science, and Social Studies (Appendix H in the Administration Manual)
  • NYSAA Rubric – used to convert a score on accuracy and independence from the verifying evidence to a rating for level of accuracy and level of independence (see Attachment 8)
  • NYS Learning Standards - http://www.emsc.nysed.gov/ciai/standards.html
• The vendor shall reproduce, use, display, and include copies of NYSED’s trademarks, trade name, logos, copyrights and other intellectual property (collectively, the “Marks”) on all copies of materials produced for the NYSED. The vendor acknowledges that the Marks are owned solely and exclusively by NYSED, and nothing contained in the resulting contract shall give the vendor any ownership right or interest in such Marks.
• The assessment must be developed in accordance with the Standards for Educational and Psychological Testing (American Educational Research Association, American Psychological Association, and the National Council of Educational Measurement in Education, 1999).
• The assessment must be consistent with the United States Department of Education’s Title I of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by NCLB.
• The assessment must be consistent with the United States Department of Education’s Individuals with Disabilities Education Act of 2004 (IDEA).
• All activities proposed by the vendor must receive prior approval from NYSED.
• The vendor must adhere to the NYSED’s security protocols regarding transmission of secure materials via encrypted files. Electronic transfer via mail, Internet, or facsimile (FAX) of individual student information or secure materials is not permitted, unless authorized by NYSED to do so on a case by case basis. The vendor must adhere to the Security Guidelines for the NYS Alternate Assessment Project (see Attachment 2).
• The vendor must develop and maintain a secure file transfer protocol (FTP) site as a means of file transfer.
• The vendor and all of its subcontractors performing work on the contract resulting from this RFP must sign a Non-Disclosure Agreement (see Submission Documents #4) provided by NYSED, assuring the originality and confidentiality of all work and discussions carried out under this contract after the contract is awarded. These signed agreements must be submitted to NYSED within thirty days after the contract has been executed.
• All invoices submitted for payment must include dates of services and an itemized list of activities and costs consistent with the approved schedule of deliverables contained in the executed contract. Payments will be made upon 100% completion of each deliverable. Payment(s) contained in the invoice for subcontractor(s) must list the subcontractors’ names, payment amount, and nature of services provided separately on the invoice submitted.
• The vendor must retain and update records and accounts on a monthly basis and must be able to prepare and submit statistical, narrative, and/or financial and program reports and summaries related to this contract as requested by NYSED.
• The vendor must provide a customer service number which is adequately staffed from 8:00 A.M. – 5:00 P.M. EST each business day to handle all NYSAA-related questions from school personnel prior to and during the administration and scoring period and for two weeks after the scoring period ends. The administration period for the NYSAA is October – February each school year. The scoring period for the NYSAA is March – May each school year.
• For the duration of the contract, the vendor will ensure that a FAX number is operational 24 hours a day to receive inquiries from school personnel about NYSAA.
• All draft technical manuals must be subject to careful and complete editing by the contractor’s editors and proofreaders before the vendor submits them to NYSED for review and approval.
• All required travel arrangements must adhere to approved New York State rates .

Components contained in RFP Proposal #09-008 are as follows:

1. Description of Work to be Performed
2. Submission
3. Evaluation Criteria and Method of Award
4. Assurances and Attachments (1-10)
5. Submission Documents

Questions regarding the RFP must be submitted by e-mail to EMSCNYSAAINFO@mail.nysed.gov no later than close of business on June 19, 2009. Questions should be identified as either Program or Fiscal. A Question and Answer will be posted to http://www.emsc.nysed.gov/compcontracts/compcontracts.html no later than June 26, 2009.

Contact Information for Questions

Program Matters	Fiscal Matters
Alice D. King	Lynn Caruso
Phone: (518) 474-5902	Phone: (518) 474-4551
E-mail: EMSCNYSAAINFO@MAIL.NYSED.GOV	E-mail: EMSCNYSAAINFO@MAIL.NYSED.GOV

Eight (8) copies of the technical proposal (one bearing an original signature in blue ink) and three (3) copies of the cost proposal (one bearing an original signature in blue ink) AND one (1) electronic version in Microsoft Word (CD format) of both the technical and cost proposal must be received no later than July 17, 2009 at 3:00 PM.

Send to:

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

Facsimile copies of the proposal are NOT acceptable.

Submit in a sealed envelope labeled "Bid Proposal - RFP #09-008 Do Not Open"

Submit the Cost Proposal in a separate sealed envelope labeled "Cost Proposal – RFP #09-008 Do Not Open"

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1. Description of Work To Be Performed

Work Statement

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 (NYS) administrative terms and conditions, as well as terms and conditions required by NYS 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

On January 31, 2007, the Governor and Legislature amended New York State Education Law by adding a new section, 211: Review of regents learning standards. The implication for the current state assessment program is the possible modification of the learning standards that are the basis of the tests. Modification of the performance standards within the learning standards will result in subsequent modifications to the development of new test designs and items. As a result, the New York State Learning Standards and Core Curriculum will be revised one content area at a time (http://www.emsc.nysed.gov/standardsreview/).

The section of law that will affect the NYSAA is as follows:

Section 211: Review of regents learning standards. “The regents shall periodically review and evaluate the existing regents learning standards to determine if they should be strengthened, modified, or combined so as to provide adequate opportunity for students to acquire the skills and knowledge they need to succeed in employment and postsecondary education and to function productively as civic participants upon graduation from high school. Such review and evaluation shall be conducted upon a schedule adopted by the Regents…”

Overview

The New York State Alternate Assessment (NYSAA) is a datafolio-style assessment that documents student achievement in the content areas of English language arts (ELA), mathematics, science, and social studies. The datafolio is a collection of student performance data that is based on the core curriculum for Grades 3-8 and high school for ELA and mathematics, Grades 4, 8, and high school for science, and Grades 5, 8, and high school for social studies for students with severe cognitive disabilities with the purpose of meeting the New York State learning standards at alternate achievement levels.

All students, including those with severe cognitive disabilities are required by federal law to have access to the general education curriculum. NYSED has aligned Alternate Grade Level Indicators (AGLIs) with the core curriculum in ELA, mathematics, science, and social studies for the administration of NYSAA. The AGLIs may be found in the NYSAA Administration Manual posted at: http://www.emsc.nysed.gov/osa/nysaa/home.shtml. The content area subject matter assessed by NYSAA is clearly related to the grade level content. While the content is reduced in scope and complexity, students with severe cognitive disabilities are held to high expectations in order to achieve the New York State Learning Standards.

NYSED conducts a statewide testing program on an annual basis for all students in Grades 3 through 8 and high school. NYSAA ensures that students with severe cognitive disabilities are included in the State assessment program and that their results are accounted for as required by the No Child Left Behind Act (NCLB) and the Individuals with Disabilities Education Act (IDEA). IDEA requires that all students with disabilities have access to the core curriculum with appropriate accommodations and supports as recommended by the Committee on Special Education (CSE) and participate in State assessments. NYSED designed the alternate assessment to ensure that the knowledge, skills, and understanding to be assessed are individualized and appropriately reflect high expectations for students with severe cognitive disabilities. NYSAA also meets the federal requirement for participation by students who are unable to participate in NYSED’s general assessment, even with accommodations.

The CSE in each school district determines whether or not a student is eligible to take the NYSAA based on the following criteria:

• The student must have a severe cognitive disability, significant deficits in communication/language, or significant deficits in adaptive behavior; and
• The student must require a highly specialized educational program that facilitates the acquisition, application, and transfer of skills across natural environments (home, school, community, and/or workplace); and
• The student must require educational support systems, such as assistive technology, personal care services, health/medical services, or behavioral intervention.

NCLB enhanced the requirements of IDEA by directing states to include the assessment results of students with disabilities in their accountability system for all students.

The current NYSAA is a datafolio assessment that measures a student's performance in relation to the AGLIs and therefore, how a student’s work is connected to the core curriculum. The datafolio assessment allows students with severe cognitive disabilities a variety of means to demonstrate performance. Student performance is documented through direct assessments that yield products such as student work, video tape, audio tape, or observation of the student demonstrating a performance task. Multiple pieces of student work are collected, compiled into a datafolio, and scored with a rubric (see Attachment 8). Additional information on the NYSAA is available at NYSED’s web site: http://www.emsc.nysed.gov/osa/nysaa/home.shtml.

Work to be Performed

This section provides specifications about the NYSAA. Vendors intending to bid must submit a proposal that demonstrates their ability and capacity to meet the requirements described. The vendor must develop and submit a detailed five year schedule/work plan outlining the deliverables of the contract and the timelines for completion of all deliverables and associated tasks. Attachment 1 provides further information on the annual deliverables.

NYSED’s current model for implementation of the NYSAA relies on a turnkey approach to training. (See Attachment 5.) Training provided by the vendor on effective and accurate test administration of the NYSAA happens at the beginning of every school year. Each Board of Cooperative Educational Services (BOCES) and each Big Five city school district (Buffalo, New York City, Rochester, Syracuse, and Yonkers) identifies personnel to serve as trainers for the NYSAA. These trainers (approximately 200), as members of the New York State Alternate Assessment Training Network (AATN), receive training in early September on the implementation of the NYSAA and then are expected to train the special education teachers at the local level. Similarly, a network of New York State Scoring Site Coordinators (SSC) (approximately 50) representing each BOCES and Big Five city school district manage regional institutes for scoring the NYSAA datafolios. The SSCs meet twice a test cycle (see attachment 5 for more detail):

• Late Fall – all SSCs meet in Albany for one day to receive training provided by the vendor on managing the scoring process. On years when benchmarking is being conducted (see Benchmarking on page 11), approximately 30 Regional Trainers/Monitors (see Regional Trainers/Monitors on page 7), SSCs, and members of the AATN stay for two more days to conduct benchmarking and discuss the scoring decision rules. (All Regional Trainers/Monitors attend benchmarking and then the remaining slots are filled by SSCs and members of the AATN.)
• March – all SSCs and members of the AATN who manage regional scoring meet to receive training on scoring procedures and to prepare for the regional scorer qualification process. The scorer qualifying process enables individuals to become qualified scorers by scoring a series of datafolios to demonstrate their competency in scoring.

1. Content Review of Test Administration and Scoring Materials

   Annually, NYSED will select three to five of the vendor’s Regional Trainers/Monitors, who are among the paid subcontractors for the vendor, to review vendor-developed administration and scoring documents prior to final approval. NYSED will select which documents the Regional Trainers/Monitors will review for accuracy and quality. The vendor will be responsible for sending the materials to selected Regional Trainers/Monitors, who should receive two to four weeks to review the materials. After the individuals have completed their reviews and have submitted feedback to the vendor, the vendor will make any necessary revisions and submit draft documents to NYSED for review, comment, and approval.

2. Test Administration

   The vendor must annually develop an updated NYSAA Test Administration Manual and forms consistent with prior administration manuals found at: http://www.emsc.nysed.gov/osa/nysaa/home.shtml. Additions/revisions to the sample assessment tasks for teachers to choose from to use with students must be made by the vendor with the assistance of a pool of members of the AATN, SSCs, and Regional Trainers/Monitors on an annual basis. The vendor must develop and host a secure web-based program for teachers to use to collect and store datafolio documentation as the test is being administered from October to February of each school year. This program must be approved by the NYSED prior to implementation. (See the Administration Manual for information on what is currently used and Attachment 10 for the NYS policy on web-based programs and applications.)

   Each year, the vendor must produce approximately 4000 copies of an updated administration training DVD to be shipped by the vendor to members of the AATN to use in local training. The DVD, approximately two (2) hours in length, should contain the following:

   1. Introduction – purpose of training, tools needed by teacher, Administration Manual, NYSAA Frameworks, support networks (AATN, SSCs, Regional Trainers/Monitors)
   2. Training for new teachers (planning, administering, documenting and submitting datafolios for scoring)
   3. Introductions to Steps 4, 5 and 6 (see Administration Manual)
   4. Updates and reviews for all teachers of any new planning and administrative procedures (ex. collegial review). Review of most common errors in compiling datafolios
   5. Connection to Grade level content and the assessment task
   6. Electronic datafolio
   7. Closing remarks on Steps to be followed

   Copies of the current year’s DVD are available to the bidders upon request by submitting an e-mail to the RFP mailbox.

3. Regional Trainers/Monitors

   In addition to the turnkey training sessions conducted by the vendor, a team of eight Regional Trainers/Monitors are recruited and hired in time for benchmarking and paid for by the vendor. It is preferred that individuals hired by the vendor have at least three years experience with administering and scoring the NYSAA and are NYS teachers or school administrators. These Regional Trainers/Monitors must be located in seven regions of the State to provide information and training/administration support to local trainers and school districts during the administration and scoring of the assessment. The seven regions are Buffalo, Long Island, Mid-Hudson, New York City (2 Regional Trainers/Monitors), North Country, Rochester, and Syracuse. See Attachment 9 for a list of counties served by each Regional Trainer/Monitor. Each Regional Trainer/Monitor monitors at least two scoring sites each year and writes a report of his/her observations and suggestions for improvement to the scoring process. NYSED selects the sites. The vendor will develop a monitoring protocol and form for NYSED approval.

4. Training for NYSAA Administration

   At the beginning of every school year, each Board of Cooperative Educational Services (BOCES) and Big Five City School Districts (Buffalo, New York City, Rochester, Syracuse, and Yonkers) identifies school or BOCES personnel to serve as trainers for the NYSAA. These two-hundred (200) trainers receive training provided by the vendor in early September on the implementation of the NYSAA and then are expected to train the special education teachers at the local school district level.

   Each fall, the vendor must provide training for members of the Alternate Assessment Training Network (AATN). NYSED will provide the list with names and contact information for the AATN. Members of the AATN are identified by the BOCES and the Big Five city school districts to conduct the turnkey training on the NYSAA at the local level. A minimum of five full days of training (one day at each location) must be conducted by the vendor in Albany, Batavia, Syracuse, and two in New York City.

   The vendor must develop and print the training materials for the turnkey training based on the Administration Manual and forms. These materials must be approved by NYSED.

   The vendor will be responsible for arranging for training sites and all associated costs of the training (room, meals, materials, and audio-visual equipment). The vendor will reimburse members of the AATN attending the training for travel and meals, but will not provide them honoraria. School districts are not reimbursed for substitute teachers; therefore the vendor does not have to pay for these costs (see Attachment 5 for additional details.)

   The training sessions held by the vendor must be completed by September 30 of each year of the contract period. Specific dates and locations will be determined in collaboration with NYSED, BOCES, and Big Five city school districts, which will be contacted by the vendor to help establish the dates and locations for the training.

5. Parent/Family/Guardian Survey

   The vendor must revise, as needed, the existing Parent/Family/Guardian Survey found at http://www.emsc.nysed.gov/osa/nysaa/home.shtml. This survey must be translated into, Chinese (Traditional), Haitian Creole, Korean, Russian, and Spanish. The survey and translation must be approved by NYSED. Final approved documents must be included by the vendor in the NYSAA administration manual.

6. On-line Teacher Survey

   An online teacher survey must be developed in a format suitable for web hosting by the vendor. Teachers will be directed to this web site in the administration manual for the assessment. The survey will ask teachers to provide feedback on how the NYSAA influences instructional practices, teacher access to training, the degree of training they were provided, whether they were provided with the appropriate materials to administer the assessment, the use of a web-based program to collect and store datafolio documentation, and other NYSAA-related questions. It should allow for teacher comment and recommendations for improvement. The survey must be conducted annually and must be available on the last day of the administration period (until the end of May of each year). The vendor must prepare quantitative and anecdotal summary reports on the results of the survey for NYSED by the end of July of each year.

7. Scoring of Datafolios

   The scoring of NYSAA datafolios occurs during the spring following the close of the administration period. Scoring is a decentralized process carried out at regional scoring institutes. All individuals who score datafolios must qualify through a scoring qualification process. NYSED provides a scoring window within which the institutes conduct their scoring sessions. The purpose of the scoring institute is to provide a forum in which educators score NYSAA student datafolios. Each scoring institute is overseen by a Score Site Coordinator (SSC) and a member of the Alternate Assessment Training Network (AATN). These individuals are thoroughly trained and participate in a qualifying process conducted by NYSED and the vendor to become a qualified scorer. This involves scoring student datafolios to demonstrate their competence in scoring. They are each given a duplicate set of training materials that are to be used during turnkey training at their own scoring institutes. They are required to follow the model of the training process specified by NYSED and the vendor.

   Training for Scoring

   A network of SSCs, identified by each BOCES and Big Five city school district, manage regional scoring institutes for scoring the NYSAA datafolios. NYSED will provide the vendor with the list of names and contact information of SSCs. The SSCs meet twice annually for vendor provided training on NYSAA in late fall and in spring. They meet in the fall in Albany regarding managing the regional scoring process. The vendor must arrange, conduct, and pay for this meeting, including provision of the meeting location, lodging, meals, and travel, at approved New York State rates for the SSCs. (See Attachment 5 for additional details).

   Each year, the vendor must provide training sessions in the spring for SSCs, Regional Trainers/Monitors, and members of the AATN who coordinate and manage the regional scoring sites. The purpose of the training sessions is to discuss critical scoring procedures, prepare for the regional scorer qualification process and become qualified scorers themselves. They must complete the qualifying process to become eligible to train and qualify local teachers in a local turnkey training process. A minimum of five one-day training sessions must be conducted in Albany, Batavia, Syracuse, and two sites in New York City. SSCs, AATNs and Regional Trainers/Monitors select the site most convenient to them and attend one training session.

   The vendor will be responsible for arranging for training sites and all associated costs of training, including meeting rooms, materials, meals during meetings, and the use of audio-visual equipment. Members of the AATN and SSCs attending the spring scoring training receive reimbursement for travel and meals, but do not receive honoraria. School districts are not reimbursed for substitute teachers; therefore the vendor does not have to pay for these costs.

   The spring training sessions must be completed by March 31 of each year of the contract period. Specific dates and locations will be determined in collaboration with NYSED, BOCES, and Big Five city school districts, which will be contacted by the vendor to help establish the dates and locations for the trainings. For additional information, see Attachment 5.

   Each year, the vendor must produce approximately 300 copies of an updated scorer training DVD to be shipped by the vendor to SSCs and members of the AATN to use in local training. The DVD, approximately two (2) hours in length, should contain the following:

   1. Overview of the NYSAA
   2. Overview of the scoring process and tools
   3. Step-by-step scoring procedures
   4. Scoring decision rules
   5. Scoring practice samples
   6. Closing for teachers
   7. Table leader training

   Copies of the current year’s DVDs are available upon request to the bidders by submitting an e-mail to the RFP mailbox.

8. Test Development After Revisitation of the Learning Standards

   Test specifications revisitation for each content area and grade level tested by NYSAA are to be conducted by the vendor, one content area at a time, as soon as practical after the New York State Board of Regents (BOR) has approved revision to the learning standards and core curriculum in a NYSAA tested content area.

   The purpose of these revisitations to the test specifications is to ensure alignment of the NYSAA with the revised standards. Information on the learning standards review initiative may be found at http://www.emsc.nysed.gov/standardsreview/. The revised test specifications must be developed by the vendor in collaboration with test specification revisitation committees.

   The resulting recommendations on revisions to the NYSAA test specifications as found in the Test Blueprint (http://emsc.nysed.gov/osa/nysaa/home.shtml) should specify the standards/key ideas (for ELA and Science), the strands/bands (for Mathematics), or the standards/units (for Social Studies) meeting each standard. The test specification revisitations committees should include:

   • New York State certified special education and general education teachers with content and curriculum expertise
   • New York State school district administrators
   • Members of the Alternate Assessment Training Network and NYSAA Scoring Site Coordinators

   The test specifications revisitation committees are required to have representation from all geographic regions of New York State and must represent the diverse population of the State.

   At four times mutually agreed upon by the vendor and NYSED, a NYSAA test specification committee should be convened in Albany (once per subject – see number of committee members below). Each subject committee must be separated into grade level subcommittees. A minimum of five of the members on the committee must be certified New York State teachers.

   • English: 7 grade levels, 8 people per grade-level committee = 56 members
   • Math: 7 grade levels, 8 people per grade-level committee = 56 members
   • Science: 3 grade levels, 8 people per grade-level committee = 24 members
   • Social Studies: 3 grade levels, 8 people per grade-level committee = 24 members

   The test specification revisitation committee meetings must be held in Albany and the final Test Blueprint/Test Specifications agreed upon and submitted to NYSED for review and approval. The committee members will meet for a total of three (3) full consecutive days for each content area revisitation. The vendor must maintain attendance records (sign in/out sheets) and develop minutes of these meetings for review and approval by NYSED.

   The vendor is responsible for all the arrangements and costs for the four test specifications revisitation committee meetings, including all logistical arrangements, provision of the meeting place, reimbursement for attendees for lodging, meals, and travel at the approved New York State rates. The vendor must also provide an honorarium of $175 per day for each teacher participant. See Attachment 5 for additional details.

   NYSED will provide the vendor with names and contact information for appropriate and representative individuals whom the vendor will contact to request their participation in the test specifications revisitation committee meetings.

   Within one week after each committee meeting the vendor is required to submit proposed revised test specifications to NYSED for review and approval. Following each of the four test specification revisitation committee meetings, the vendor is required to provide to NYSED a final report describing the participants, the procedures followed to revisit the specifications and, when necessary, the major decision points, and the proposed test specifications for review and approval.

   The test specifications revisitation committee meetings shall take place at four discrete times during the duration of the contract shortly after the revised Learning Standards and revised core curriculum in each NYSAA tested content area are adopted by the BOR. (Information is available at http://www.emsc.nysed.gov/standardsreview/.) Following adoption by NYSED of revised test specifications for NYSAA, the vendor must develop and implement a plan to make revisions and/or additions as needed to the Alternate Grade Level Indicators (AGLIs) and Sample Assessment Tasks so they remain aligned to the Learning Standards. (See Attachment 5 for additional information.)

9. Benchmarking

   Benchmarking will be conducted each year of the five year contract. It requires a two-day process in which the vendor convenes a team of approximately 30 Regional Trainers/Monitors, SSCs, and members of the AATN (all Regional Trainers/Monitors attend and the remaining slots are filled by SSCs and members of the AATN) to identify those samples of student datafolios that will be used for scorer training practice and scorer qualification processes during scorer training. The samples are selected from actual student datafolios collected locally by members of the AATN and brought to the late fall meeting in Albany. Benchmarking should take place in a hotel in Albany and must occur in late fall prior to NYSED’s final approval of all scoring documents.

   Benchmarking must be held the first year of the contract and after the BOR has approved the revisions of the Learning Standards and revisions have been made to the test specifications.

   The 30 individuals are selected by the vendor and NYSED. The vendor pays for all costs for the hotel, meeting rooms, equipment, travel, meals, and lodging at approved New York State rates. Participants are not paid honoraria. See Attachment 5 for additional details.

10. Research

    The vendor must:

    • Conduct an annual Reliability Monitoring Review (RMR) in July of each contract year by re-scoring a sample of datafolios.
    • Develop technical manuals/reports after each testing cycle, based on the technical manual outline provided by NYSED. (See Attachment 4)
    • Conduct standard setting revisitation following implementing of a revised test specification.
    • Provide a technical manual on standard setting revisitation that must be submitted to NYSED (See Attachment 3)
    
    
    1. Reliability Monitoring Review (RMR)
       • The vendor must score a representative sample of 20% of the student datafolios. The sample should be selected using a psychometric process developed by the vendor and approved by NYSED. The sample should be gathered in cooperation with the SSCs.
       • The Student Information Repository System will provide electronic data files to the vendor of the local scores for each student as part of the larger data set sent to the vendor. The vendor will use this data to compare the original scores given to each datafolio to the scores assigned at the RMR.
       • The vendor must provide scoring training to re-scorers using the same scoring training materials used by local scoring institutes to score the actual datafolios.
       • The re-scoring of the actual datafolios must be completed in July 2010, 2011, 2012, 2013 and 2014.
       • The vendor must include information on the re-scoring in the technical report (see Attachment 4) and provide NYSED with data files in a text file format with layout.
    2. Technical Manual on Operational Test
       • The vendor must provide an annual comprehensive technical report for each school year’s administration of NYSAA. The technical report must be completed before the next test administration begins. The technical report must contain the content specified in the attached outline (Attachment 4). A separate technical report for standard setting must be provided. (Attachments 3)
       • The technical reports must be reviewed and approved by NYSED. After approval, five hard copies and one electronic copy of the final technical report must be submitted to NYSED
    3. Standard Setting
       • The vendor must conduct the standard setting revisitation meetings immediately following the first administration and scoring of NYSAA tests newly aligned to the State’s revised learning standards for each of the content areas assessed by NYSAA.
       • Through standard setting three cut score points must be chosen in order to establish the score ranges for the four proficiency levels. This is accomplished by conducting formal standard setting. Bidders must submit to NYSED a description of the activities they will undertake to implement an appropriate model for standard setting. Datafolio test data will be used for standard setting.
       • A comprehensive technical report on each standard setting revisitation is required to be submitted to NYSED for approval. Five bound hard copies and an electronic copy of each of the approved final technical reports must be submitted to NYSED. (See Attachment 3 for outline.)
       • Standard setting revisitation meetings must be conducted by the vendor in Albany using 30 NYS certified special education and general education teachers. NYSED will provide the names and contact information for appropriate panelists. The vendor will contact the teachers and pay for meeting expenses related to standard setting, including meeting location, lodging, meals, and travel at approved NYS rates. The vendor must also provide an honorarium of $175 per day for each teacher participant.

11. Printing, Duplication, and Shipping

    The vendor is required to print the necessary quantities of the NYSAA related materials, duplicate all videos, DVDs, and manuals, and ship all such materials to the schools requesting them. The vendor must establish a system that will be reviewed and approved by NYSED by which NYS schools may order materials for test administration and scoring. See Attachment 7 for more information.

    The vendor must print and ship all NYSAA and NYSAA-related materials. Materials to be printed and shipped include, but are not limited to, administration manuals including the Frameworks for assessment, training materials for local trainings, scoring manuals, and any other test-related materials necessary for valid administration and scoring of the NYSAA assessment. The vendor must duplicate and disseminate all videos and DVDs used for administration and scoring training. These materials are typically disseminated during the turnkey training sessions throughout the State. The vendor is responsible for mailing to the AATN any materials not disseminated during the turnkey training.

    The vendor must have defined procedures in place for printing, distribution, and security. The vendor must ensure that it has the technical support and staffing levels necessary to provide an effective quality control program for all test materials.

    The vendor must provide a customer service telephone number which is staffed from 8:00 A.M.‑5:00 P.M. EST each business day to handle all NYSAA-related questions from school personnel prior to and during the administration and scoring periods and for two weeks after the scoring period ends. The administration period is from October – February each school year. The scoring period is from March – May each year. Wait time for the customer service number should not exceed three (3) minutes.

Bidder Qualifications

Bidders must document experience in working with large scale, alternate assessments, and printing and shipping a high volume of assessment related materials including audio tapes, CDs, video tapes, and/or DVDs in a timely manner.

Qualifications for test development, administration, and research, as detailed in the RFP, must be documented. A minimum of three current (within three years) professional references to substantiate qualifications are required. References must include name, title, company name, telephone number, mailing address and e-mail address. Do not use NYSED staff as references.

Project Management

The bidder must submit thorough documentation demonstrating personnel experience and expertise congruent with staff assignments for all aspects of the tasks outlined in this RFP. The bidder shall provide plans and procedures for ensuring that staffing is commensurate with the project’s scope of work throughout the duration of the contract.

Detailed and sufficient information should be presented in this proposal to the efficacy of the proposed staffing solutions for this project and organizational arrangements of the same. This information must include:

• An organizational chart that indicates staffing arrangements for this project.
• The time commitments of the proposed staff. Time commitments must be described in terms of projected hours per week devoted exclusively to NYSAA.
• A detailed description of responsibilities for all proposed staff.
• Detailed resumes for all key staff members associated with this project.

The bidder must identify a project manager to be the central point of contact with NYSED. The project manager and all other key personnel of the bidder must be identified by name and experience in writing to NYSED. The skill requirements for the project manager are as follows:

Educational Requirements

• Successful completion of a Master’s Degree from an accredited college or university is preferred.
• Project management certification through the Project Management Institute (PMI) as a Project Management Professional (PMP) or other recognized project management certification is preferred.
• Three or more years experience in test development or test administration for students with disabilities is preferred.

Project Management Requirements

The project manager identified for this contract must:

• not have primary responsibility for any other contract with NYSED or for a large scale testing program for another state.
• have experience managing large-scale assessment projects from conception through completion following industry recognized project management methodology. Three years of experience is preferred.
• have expertise in the statewide assessment of students with disabilities.
• possess a demonstrated knowledge of testing procedures and strong organizational, managerial, and oral and written communication skills are required.
• be able to appropriately and effectively communicate with the field. This includes the effective and professional facilitation of trainings, technical assistance, and relationship building with all involved stakeholders.

Project Manager Duties

• Oversee the development and implementation of changes as necessary to ensure that the project remains within specified scope and are within time, cost, and quality objectives.
• Oversee the refining and developing of procedures and materials for the administration and scoring of the NYSAA.
• Ensure that all activities related to the statewide coordination of project activities (e.g., meetings, distribution of materials) are completed.

• Serve as the day-to-day liaison and coordinator with the following NYSED offices (Office of Standards, Assessment, and Reporting, Office of State Assessment, Office of Vocational and Educational Services for Individuals with Disabilities, and the Office of Information and Reporting Services), the Regional Information Centers, Big Five City Scan Centers and BOCES, as appropriate.
• Coordinate and participate in quarterly meetings and monthly conference calls with NYSED to discuss the status of activities and any issues related thereto. At least two quarterly status meetings each year must be conducted face-to-face in Albany, New York. One of the two is a required annual start-up meeting. The in person quarterly meetings can be scheduled with other Albany-based activities. The remaining two quarterly meetings may be held by teleconference.
• Provide minutes of all quarterly status meetings and conference calls to NYSED for review and approval.
• Maintain accurate, up-to-date information of the current status of all vendor and subcontractor(s) work on the project, including project activities, timelines, and staff responsible, and communicate such to NYSED in a timely manner.
• 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 detailed plan of activities, timelines, who is responsible for each activity to be completed, and analysis of the methods the vendor will utilize to perform all aspects of the RFP and contract in the required timeframe.
• Submit all deliverables and other work products in the manner designated by NYSED for review and approval prior to any release or distribution by the vendor. All materials must be provided error-free and proofed by editors. The project manager must submit materials to NYSED according to a mutually agreed upon timeline to allow for appropriate review. Twenty (20) business days should be provided by the vendor to NYSED for review of each of the following: manuals, training documents, reports, and other related deliverables. This will allow NYSED sufficient time to provide feedback to the vendor and give final approval on the deliverables.
• Submit monthly status reports updating NYSED on all phases of the development and implementation of the project and progress made in accordance with the detailed project plans, RFP, and contractual requirements. Such monthly reports must include the following:
  • A current detailed listing of all work and activities completed and in progress with corresponding dates
  • A detailed list of upcoming work
  • A list of all information needed from NYSED in order for the vendor to proceed with work
  • External dependencies, if any, which may effect the schedule, and the variance by which it would affect the schedule
  • Dates that correspond to all timelines and schedules for deliverables

Notification Procedures

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 Steven Katz, Director of the Office of State Assessment, or his designee, via telephone, e-mail, and in writing of the issue and the vendor’s proposed solution, and shall also include the issue and approved solution in the subsequent report(s).

NYSED’s Approval

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

• All material, products, and services produced by the vendor. This includes, but is not limited to, all brochures, videos, DVDs CDs, guides, student information labels, manuals, and any and all other materials produced for this project.
• All development plans and timelines for administration, scoring, and reporting.
• All schedules, including but not limited to training schedules, implementation schedules, and scoring/reporting schedules.
• All reports, including but not limited to technical reports and standard setting revisitation reports.
• Any changes to key 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.

Workplan

The bidder must submit a complete and comprehensive five-year detailed workplan with a timeline that provides an in-depth description of how and when the activities required in the RFP will be conducted. The workplan must be aligned with a detailed timeline for each year of the contract.

Contract Period

The contract resulting from this RFP will be for a single award with a term of five (5) years. The contract will begin on November 1, 2009 and end on October 31, 2014.

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

• Subcontracting will be limited to forty-five (45%) percent of the annual contract budget. Subcontracting is defined as non-employee direct personal services and related incidental expenses, including travel.
• If the subcontractors should change during the contract term, NYSED must be notified immediately and reserves the right to reject any subcontractor considered by the vendor. A list of subcontractors and the contract amounts hired by the vendor must be included in the proposal.
• All subcontractors are paid directly by the contract holder. In addition, all payments to subcontractors must be listed separately on invoices submitted to NYSED for payment. The invoice must indicate the name of the subcontractor, the services provided, dates of the services and the amount paid for those services.
• When subcontracting work under this contract, the contractor must, on an annual basis, use Minority/Women-Owned Business Enterprises or Small Business Enterprises for a minimum of 10% of its annual subcontracting needs. See: www.nylovesmwbe.ny.gov .
• The Subcontracting Form must be updated annually and submitted to NYSED. Using this form, the vendor must also report to NYSED, on an annual basis, actual expenditures incurred for all subcontractors and indicate which subcontracting costs are associated with Minority/Women-Owned Business Enterprises as well as Small Business Enterprises.

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

It is the policy of the NYSED 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 BOR 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 NYSED. In doing so, we will further support our mission “To raise the knowledge, skill and opportunity of all the people in New York.”

Every NYSED 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.

Consultant Staff Changes

The Contractor will maintain continuity of the Consultant Team staff throughout the course of the contract. All changes in staff will be subject to NYSED approval. The replacement Consultant(s) with comparable skills will be provided at the same or lower rate.

Terms and Conditions

1. All NYSAA and NYSAA-related materials submitted to NYSED pursuant to this proposal are required to be original materials developed solely by the bidder for use in satisfaction of this contract.
2. All NYSAA and NYSAA-related materials developed under the contract resulting from this proposal become the sole property of NYSED.
3. All materials written or revised are to be held strictly confidential and must not be copied, duplicated, disseminated, or discussed, unless authorized by NYSED.
4. NYSED may amend the specifications of the proposal after its release with appropriate notice to all bidders.
5. NYSED may waive or request a modification of minor irregularities in the proposals received after notification to the bidder(s).
6. NYSED will contact references to check a bidder’s qualifications. The bidders must ensure that the references are current and information submitted for references is accurate. Two points will be subtracted from the bidder’s score for incorrect or outdated reference information.
7. All proposal deliverables must be submitted within the timelines specified by NYSED in the RFP.
8. Payment to the vendor will be based upon invoices that may be submitted to NYSED after the activity is completed and/or deliverables have been submitted to NYSED. Payments will be made based upon receipt of deliverables that have been approved by NYSED.

Ownership

1. All NYSAA-related materials are the exclusive property of NYSED and cannot be used by the vendor or any subcontractor for any purpose other than what is defined in the contract.
2. NYSED is the sole owner of outputs resulting from the work proposed in the RFP, including, but not limited to, technical documents, manuals, all scoring materials, scoring rubrics, score scales and all guides, DVDs, CDs, videos, booklets, papers, and reports generated under this contract. The vendor should be prepared to deliver all or part of these outputs to NYSED at any point during the term of the contract. These materials can only be used by NYSED. Ownership rights are more fully set forth in Appendix A-1, which appears in the contract.
3. All such outputs are to be turned over to NYSED in print and electronic form, as specified by NYSED, prior to the final payment to be issued under this agreement. The State may accordingly, at its discretion, make public, and may publish on its web site, all NYSAA-related materials. The vendor may use such publicly disclosed materials in the same manner as any other party in accordance with the terms posted on NYSED’s web site.
4. All materials are to be delivered, as appropriate, in copyrightable form. Where original works are included in the body of the material, an acknowledgment statement should be included, setting forth the copyright information with respect to such original works.
5. All materials written or revised under this Agreement are to be held strictly confidential and may not be copied, duplicated, or disseminated in any manner other than as authorized in writing by NYSED.

Construction of Assessment/Defense of Assessment

The vendor agrees to cooperate fully with NYSED with respect to any challenge to the assessment and, if necessary, provide at no expense to NYSED, experts, evidence, witness testimony, or other documentation to refute a challenge to the validity, reliability, or any other aspect of the development of the assessment for the duration of the contract period and three years thereafter.

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 smooth transition to any successive vendor and/or NYSED. This shall include, but not be limited to, assisting NYSED in developing and implementing a feasible transition plan in advance of the anticipated expiration, cancellation, or termination of the contract.

The vendor agrees to cooperate fully with any successive vendor and NYSED and refrain from any activity that would interfere with the successful implementation of a smooth transition.The vendor shall provide (a) all items, reports, materials, data, and equipment owned by NYSED in the vendor’s possession, and (b) any information reasonably useful to and requested by 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 all computer programs and software tools necessary to allow an end user to read and export any data provided by the vendor under this contract.

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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 NYSED in response to this RFP. NYSED 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 NYSED. Any sub-contractor is also bound by these terms. The submission will become the basis on which NYSED will judge the respondent’s ability to perform the required services as laid out in the RFP. This will be followed by various terms and conditions that reflect the specific needs of this project.

Project Submission

Each proposal submitted in response to this RFP must contain eight (8) copies of the Technical Proposal (one bearing an original signature in blue ink ) and three (3) copies of the Cost Proposal (one bearing an original signature in blue ink) AND one (1) electronic copy in Microsoft Word (CD format) of both the technical and cost proposal. All proposals must be received by July 17, 2006 at 3:00 PM in Albany, New York. Each proposal should be prepared simply and economically, avoiding the use of elaborate promotional materials beyond those sufficient to provide complete presentation. If supplemental materials are a necessary part of the technical proposal, the vendor should reference these materials in the technical proposal, identifying the document(s) and citing the appropriate section and page(s) to be reviewed.

The proposal must communicate an understanding of the deliverables of the RFP, describe how the tasks are to be performed and identify potential problems in the conduct of the deliverables and methods to identify and solve such problems.

Technical Proposal: (70 Points)

The Technical Proposal should include the following:

• Response Sheet for Bids, Signature Required
• All Forms and Assurances located in Submission Documents including original signatures where necessary
• Mandatory Requirements Certification Form, Signature Required
• Non-Disclosure Agreement, Signature Required
• Project Description as outlined below:

The Technical Component should be organized in a binder and clearly labeled with tabs by individual sections (i.e. A-1a, A-1b) in the following order:

• Section A: Test Development (15 points total)

  Experience in Successful Test Development (15 points)

  The proposal must describe the experience, competence, and timeliness of the bidder in:

  • Section A-1a: The name(s), resumes, qualifications, experience, and job responsibilities of the individual(s) identified as the project manager(s) and all key staff for the activities described in the RFP. A minimum of three (3) current professional references to substantiate qualifications are required. The references for the bidder should include the name, title, company name, address, e-mail address and phone number. Do not use NYSED staff as references. Two points will be deducted if references are unable to be reached because of incorrect information.
  • Section A-1b: Development of alternate assessments and/or datafolio-style and/or portfolio assessments.
  • Section A-1c: Conducting content and other review and revision committee meetings, including a description of how the bidder will ensure that the committees will provide quality and fairness in their work.

• Section B: Test Administration (20 points total)

  Experience in Successful Development of Test-Related Materials (15 points)

  The proposal should describe the experience, competence, and timeliness of the bidder in:

  • Section B-1a: Development of administration manuals and training materials for administering an alternate and/or datafolio-style and/or portfolio assessment.
  • Section B-1b: Documentation that the bidder has the technical support and staffing capacity to provide effective quality control for all NYSAA and NYSAA-related materials.
  • Section B-1c: Development of training materials for regional scoring, including scoring documents, DVD/video production, duplication, and distribution to schools.
  • Section B-1d: Provision of turnkey training sessions for the administration and scoring of alternate and/or datafolio-style and/or portfolio assessments.
  • Section B-1e: Conducting benchmarking for scoring

  Quality of Appropriate Security Measures (5 points)

  The proposal should describe the experience, competence, and timeliness of the bidder in:

  • Section B-2a: Providing secure facilities, documented procedures, storage and retrieval, surveillance, printing and shipping of tests and related test materials, and transmission of data files.

• Section C: Research (10 points total)

  Appropriateness and Quality of Research and Analysis (10 points)

  The proposal should describe the experience, competence, and timeliness of the bidder in:

  • Section C-1a: Conducting standard-setting for an alternate and/or datafolio-style and/or portfolio assessment, including a description of the standard setting process as necessary.
  • Section C-1b: Providing validity and reliability analysis of the operational test administration, as described in the technical manual outline, including a sample of a technical manual.

• Section D: Workplans (20 points total)

  Appropriateness of Workplans (20 points)

  The proposal should provide:

  • Section D-1a: A feasible comprehensive 5-year plan for annual test revision, administration, scoring, turnkey training, reliability monitor review, and data analysis described in the RFP, including specifics on major activities, all deliverables, and timelines.

• Section E: Printing and Shipping (5 points total)

  Experience in Successful Printing and Shipping (5 points)

  The proposal should describe the experience, competence, and timeliness of the bidder in:

  • Section E-1a: Producing printed alternate and/or datafolio-style and/or portfolio assessment-related materials including manuals, video tapes, and/or DVDs that are high quality, error free, and meet exacting standards for format, clarity of identification, accessibility, and security.
  • Section E-1b: Shipping alternate and/or datafolio-style and/or portfolio assessment-related materials (including DVDs) in a timely manner using a carrier with tracking capability.

Cost Proposal: (30 points)

The original plus two copies of the completed Cost Proposal must be submitted separately and labeled “Cost Proposal RFP #09-008 Do Not Open” and should contain the following:

1. Bid Form Cost Proposal
2. Five Year Budget Summary
3. Subcontracting Form

The bidder must submit a cost proposal reflecting the cost for the deliverables required for this RFP. The bidder must indicate the specific cost by completing the deliverable cost forms (including Summary Cost Proposal Form) in Submission Documents.

Financial Criteria (30 points)

The Financial Criteria portion of this RFP will be scored based upon the five year grand total.

The financial portions of the proposals represent 30 (thirty) points of the overall score and will be awarded points pursuant to a formula. This calculation will be computed by the Contract Administration Unit upon completion of the technical scoring by the technical review panel.

The submitted budget will be awarded points pursuant to a formula which awards 30 (thirty) 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 cost budget submitted. The resulting percentage is then applied to the maximum point value of 30 (thirty) points.

Prior to making an award based on the original cost scoring, NYSED reserves the right to request that the successful bidder submit a “Best and Final Offer” for their proposal.

Method of Award

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

The overall scoring values will fairly represent the 70/30 percent split between technical and cost for each content area.

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 same highest aggregate score, the contract will be awarded to the vendor in that group of highest aggregate scores whose budget component reflects the lowest overall cost.

NYSED reserves the right to reject all proposals received or cancel this RFP if it is in the best interest of NYSED.

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 during the proposal evaluation period, 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.

Debriefing Procedures

All unsuccessful bidders may request a debriefing within 30 days of receiving notice from NYSED. Bidders may request a debriefing letter on the selection process regarding this RFP by submitting a written request to the Fiscal Contact person at:

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

The Fiscal Contact staff will make arrangements with program staff to provide a written summary of the proposal’s strengths and weaknesses, as well as recommendations for improvement.

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. School districts, Charter Schools, BOCES, public colleges and universities, public libraries, and the Research Foundation for SUNY and CUNY are some of the exempt entities. For a complete list, see: http://www.osc.state.ny.us/vendrep/documents/vrdocrules.pdf .

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/wps/portal .

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 (Submission Documents).

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Procurement Lobbying Law

Pursuant to State Finance Law §§139-j and 139-k, this solicitation includes and imposes certain restrictions on communications between the New York State Education Department (“NYSED”) and an Offerer/bidder during the procurement process. An Offerer/bidder is restricted from making contacts from the earliest notice of the solicitation through final award and approval of the Procurement Contract by NYSED and, if applicable, Office of the State Comptroller (“restricted period”) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j(3)(a). Designated staff, as of the date hereof, is identified below. NYSED employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Offerer/bidder pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a four year period, the Offerer/bidder is debarred from obtaining governmental Procurement Contracts. Further information about these requirements can be found at the following web link: http://www.oms.nysed.gov/fiscal/cau/PLL/procurementpolicy.htm.

Designated Contacts for NYSED Program Office – Alice D. King Contract Administration Unit – Lynn Caruso

Consultant Disclosure Legislation

Effective June 19, 2006, new reporting requirements became effective for State contractors, as the result of an amendment to State Finance Law §§ 8 and 163. As a result of these changes in law, State contractors will be required to disclose, by employment category, the number of persons employed to provide services under a contract for consulting services, the number of hours worked and the amount paid to the contractor by the State as compensation for work performed by these employees. This will include information on any persons working under any subcontracts with the State contractor. Chapter 10 of the Laws of 2006 expands the definition of contracts for consulting services to include any contract entered into by a State agency for analysis, evaluation, research, training, data processing, computer programming, engineering, environmental, health, and mental health services, accounting, auditing, paralegal, legal, or similar services.

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

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

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

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

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

Public Officer’s Law Section 73

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

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

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

Public Officer’s Law Section 73 can be found at http://www.nyintegrity.org/law/ethc/POL73.html . 4.) Assurances and Attachments Appendix A – Standard Clause for all New York State Contracts WILL BE INCLUDED in the contract that results from this RFP. Vendors who are unable to complete or abide by these assurances should not respond to this request. The documents listed below are included in Submission Documents, which must be signed by the Chief Administrative Officer. Please review the terms and conditions. Certain documents will become part of the resulting contract that will be executed between the successful bidder and the New York State 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 Submission Documents)
  • Certification-Omnibus Procurement Act of 1992 (Signature Required‑the form is included in Submission Documents)
• Appendix A-1 – NYSED Contract Clauses
• Certification Regarding Lobbying; Debarment and Suspension; and Drug-Free Workplace Requirements (Signature Required‑the form is included in Submission Documents)
• Offerer Disclosure of Prior Non-Responsibility Determinations (Signature Required‑the forms are included in Submission Documents)

Standard Clauses for NYS Contracts

The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party):

1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appro­priated and available for this contract.

2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the 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 notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and

(d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts.

21. RECIPROCITY AND SANCTIONS PROVISIONS. Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively) require that they be denied contracts which they would otherwise obtain. NOTE: As of May 15, 2002, the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii. Contact NYS Department of Economic Development for a current list of jurisdictions subject to this provision.

22. PURCHASES OF APPAREL. In accordance with State Finance Law 162 (4-a), the State shall not purchase any apparel from any vendor unable or unwilling to certify that: (i) such apparel was manufactured in compliance with all applicable labor and occupational safety laws, including, but not limited to, child labor laws, wage and hours laws and workplace safety laws, and (ii) vendor will supply, with its bid (or, if not a bid situation, prior to or at the time of signing a contract with the State), if known, the names and addresses of each subcontractor and a list of all manufacturing plants to be utilized by the bidder. (June 2006)

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APPENDIX A-1

Payment and Reporting

• In the event that Contractor shall receive, from any source whatsoever, sums the payment of which is in consideration for the same costs and services provided to the State, the monetary obligation of the State hereunder shall be reduced by an equivalent amount provided, however, that nothing contained herein shall require such reimbursement where additional similar services are provided and no duplicative payments are received.

• Variations in each budget category not exceeding ten percent (10%) or One Thousand Dollars ($1,000.00) of such category, whichever is greater, may be approved by the Commissioner of Education. Any such variations shall be reflected in the final expenditure report and filed in the Office of the State Comptroller.

• For each individual for whom costs are claimed under this agreement, the contractor warrants that the individual has been classified as an employee or as an independent contractor in accordance with 2 NYCRR 315 and all applicable laws including, but not limited to, the Internal Revenue Code, the New York Retirement and Social Security Law, the New York Education Law, the New York Labor Law, and the New York Tax Law. Furthermore, the contractor warrants that all project funds allocated to the proposed budget for Employee Benefits represent costs for employees of the contractor only and that such funds will not be expended on any individual classified as an independent contractor.

Terminations

• The State may terminate this Agreement without cause by thirty (30) days prior written notice. In the event of such termination, the parties will adjust the accounts due and the Contractor will undertake no additional expenditures not already required. Upon any such termination, the parties shall endeavor in an orderly manner to wind down activities hereunder.

B. SED reserves the right to terminate this Agreement in the event it is found that the certification by the Contractor in accordance with New York State Finance Law §139-k was intentionally false or intentionally incomplete. Upon such finding, SED may exercise its termination right by providing written notification to the Contractor in accordance with the written notification terms of this Agreement.

Property

A. The Contractor shall maintain a complete inventory of all realty, equipment and other non-expendable assets including, but not limited to, books, paintings, artifacts, rare coins, antiques and other collectible items purchased, improved or developed under this agreement. The Contractor shall submit a copy of the inventory in a form identical to or essentially similar to, Exhibit A annexed hereto. The term "non-expendable assets" shall mean for the purposes of this agreement any and all assets which are not consumed during the term of this agreement and which have a cost of One Thousand Dollars ($1,000) or more.

Inventories for non-expendable assets must be submitted with the final expenditure report. In addition to or as part of whatever rights the State may have with respect to the inspection of the Contractor, the State shall have the right to inspect the inventory without notice to the Contractor. The Contractor shall not at any time sell, trade, convey or otherwise dispose of any non-expendable assets having a market value in excess of Two Thousand Dollars ($2,000) at the time of the desired disposition without the express permission of the State. The Contractor may seek permission in writing by certified mail to the State.

The Contractor shall not at any time use or allow to be used any non-expendable assets in a manner inconsistent with the purposes of this agreement.

B. If the Contractor wishes to continue to use any of the non-expendable assets purchased with the funds available under this agreement upon the termination of this agreement, it shall request permission from the State in writing for such continued use within twenty-five (25) days of the termination of this agreement. The Contractor's request shall itemize the non-expendable assets for which continued use is sought. The State may accept, reject or accept in part such request. If the request for continued use is allowed to any degree, it shall be conditioned upon the fact that said equipment shall continue to be used in accordance with the purposes of this agreement.

C. If after the State grants permission to the Contractor for "continued use" as set forth above the non-expendable assets are not used in accordance with the purposes of this agreement, the State in its discretion may elect to take title to such assets and may assert its right to possession upon thirty (30) days prior written notice by certified mail to the Contractor. The State upon obtaining such non-expendable assets may arrange for their further use in the public interest as it in its discretion may decide.

D. Upon termination of this agreement, the State in its discretion may elect to take title and may assert its right to possession of any non-expendable assets upon thirty (30) days prior written notice by certified mail to the Contractor. The State's option to elect to take title shall be triggered by the termination of this agreement or by the State's rejection of continued use of non-expendable assets by the Contractor as set forth herein. The State upon obtaining such non-expendable assets may arrange for their further use in the public interest as it in its discretion may decide.

E. The terms and conditions set forth herein regarding non-expendable assets shall survive the expiration or termination, for whatever reason, of this agreement.

Safeguards for Services and Confidentiality

• Any copyrightable work produced pursuant to said agreement shall be the sole and exclusive property of the New York State Education Department. The material prepared under the terms of this agreement by the Contractor shall be prepared by the Contractor in a form so that it will be ready for copyright in the name of the New York State Education Department. Should the Contractor use the services of consultants or other organizations or individuals who are not regular employees of the Contractor, the Contractor and such organization or individual shall, prior to the performance of any work pursuant to this agreement, enter into a written agreement, duly executed, which shall set forth the services to be provided by such organization or individual and the consideration therefore. Such agreement shall provide that any copyrightable work produced pursuant to said agreement shall be the sole and exclusive property of the New York State Education Department and that such work shall be prepared in a form ready for copyright by the New York State Education Department. A copy of such agreement shall be provided to the State.

• All reports of research, studies, publications, workshops, announcements, and other activities funded as a result of this proposal will acknowledge the support provided by the State of New York.

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

• No failure to assert any rights or remedies available to the State under this agreement shall be considered a waiver of such right or remedy or any other right or remedy unless such waiver is contained in a writing signed by the party alleged to have waived its right or remedy.

• Expenses for travel, lodging, and subsistence shall be reimbursed at the per diem rate in effect at the time for New York State Management/Confidential employees.

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

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

• This agreement, including all appendices, is, upon signature of the parties and the approval of the Attorney General and the State Comptroller, a legally enforceable contract. Therefore, a signature on behalf of the Contractor will bind the Contractor to all the terms and conditions stated therein.

• The parties to this agreement intend the foregoing writing to be the final, complete, and exclusive expression of all the terms of their agreement.

Certifications

• Contractor certifies that it has met the disclosure requirements of State Finance Law §139-k and that all information provided to the State Education Department with respect to State Finance Law §139-k is complete, true and accurate.
• Contractor certifies that it has not knowingly and willfully violated the prohibitions against impermissible contacts found in State Finance Law §139-j.
• Contractor certifies that no governmental entity has made a finding of nonresponsibility regarding the Contractor in the previous four years.
• Contractor certifies that no governmental entity or other governmental agency has terminated or withheld a procurement contract with the Contractor due to the intentional provision of false or incomplete information.
• Contractor affirms that it understands and agrees to comply with the procedures of the STATE relative to permissible contacts as required by State Finance Law §139-j (3) and §139-j (6)(b).
• Contractor certifies that it is in compliance with NYS Public Officers Law, including but not limited to, §73(4)(a).

Notices

Any written notice or delivery under any provision of this AGREEMENT shall be deemed to have been properly made if sent by certified mail, return receipt requested to the address(es) set forth in this Agreement, except as such address(es) may be changed by notice in writing. Notice shall be considered to have been provided as of the date of receipt of the notice by the receiving party.

Miscellaneous

• Contractor shall comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law Section 889-aa; State Technology Law Section 208). Contractor shall be liable for the costs associated with such breach if caused by Contractor’s negligent or willful acts or omissions, or the negligent or willful acts or omissions of Contractor’s agents, officers, employees or subcontractors.
• If required by the Office of State Comptroller (“OSC”) Bulletin G-226 and State Finance Law §§ 8 and 163, Contractor agrees to submit an initial planned employment data report on Form A and an annual employment report on Form B. State will furnish Form A and Form B to Contractor if required.

The initial planned employment report must be submitted at the time of approval of this Agreement. The annual employment report on Form B will be submitted each year the contract is in effect and will detail actual employment data for the most recently concluded State fiscal year (April 1 – March 31). The first report will be filed no later than May 15, 2007. Thereafter, Form B will be filed no later than May 15th of each succeeding year. Copies of the report will be submitted to the NYS Education Department, OSC and the NYS Department of Civil Service at the addresses below.

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

By fax: (518) 474-8030 or (518) 473-8808

Reports to DCS are to be transmitted as follows:

By mail:
NYS Department of Civil Service
Alfred E. Smith Office Building
Albany, NY 12239
Office of Counsel

Reports to NYSED are to be transmitted as follows:

By mail:
NYS Education Department
Contract Administration Unit
Room 505 W EB
Albany, NY 12234

By fax: (518) 408-1716

Attachments 1-10 (251 KB)

Submission Documents (532 KB)

Last Updated: September 9, 2009