RFP Proposal #05-015: Online Career Resource Center (Task 1) and Statewide Public Education and Information Campaign for the New York State Library Grant Program (Task 2)
RFP Proposal #05-015New York State Education Department
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The information on this page is also available in .PDF format. | Frequently Asked Questions |
The New York State Library (NYSL) of NYSED is seeking proposals for the development and management of a statewide online career resource center web site designed to attract people of diverse backgrounds to the library profession. The web site will be designed for use by people exploring, starting or continuing a library career. NYSL is also seeking proposals for a statewide public education and information campaign geared to promoting librarianship as a career choice, with a particular emphasis on attracting people from diverse backgrounds. Both of these projects are integral parts of the New York State Library's grant from the federal Institute for Museum and Library Services (IMLS) entitled "Making It REAL! Recruitment, Education, And Learning: Creating a New Generation of Librarians to Serve All New Yorkers." They enhance each other but are not necessary to each other. They must bid separately on each task. The eligible applicants are not-for-profit and for-profit organizations and associations, including, but not limited to, advertising firms, web design companies, libraries, library systems, and institutions of higher education. Subcontracting will be limited to twenty-five percent (25%) of the annual contract budget. The contract resulting from this RFP will be for a period of 2 years, September 1, 2005 to August 31, 2007.
A mandatory requirement is that vendors for the Public Education and Information Campaign will need to ensure that the information program utilizes the title "Making It REAL! Recruitment, Education, And Learning: Creating a New Generation of Librarians to Serve All New Yorkers."
Components contained in RFP Proposal #05-015 are as follows:
Questions regarding the request must be submitted by e-mail to IMLSNYSL@mail.nysed.gov no later than the close of business July 11, 2005. Questions regarding this request should be identified as either Program or Fiscal. A Questions and Answers Summary will be posted to http://www.nysl.nysed.gov/libdev/imls/index.html no later than July 18, 2005.
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Program Matters Mary Linda Todd |
Fiscal Matters Robert Barnes |
Four (4) copies of each technical proposal (one bearing an original signature) and three (3) copies of each cost proposal (one bearing an original signature) must be received no later than 3:00 p.m., August 1, 2005, at:
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 #05-015 Do Not Open
Submit Cost Proposals in a separate sealed envelope labeled Cost Proposal - RFP #05-015 Do Not Open
Description of Services to be Performed
Work Statement and Specifications
This section of the bid package details the services and products to be acquired. Please note that the contract process also includes general New York State administrative terms and conditions, as well as terms and conditions required by New York State law. These terms and conditions address issues related to both the submission of bids and any subsequent contract; they are included separately in this bid package for your information. Please review all terms and conditions.
Background:
Recruiting and educating the next generation of librarians to enhance diversity in the profession and serve diverse populations requires a bold and imaginative plan-a plan that can effect fundamental change in recruitment and education for librarianship.
The New York State Library, twelve (12) library systems, and New York State's schools of library and information science have formed a partnership to carry out such a plan. Together they will create model Teaching Libraries and scholarships to recruit and educate professional librarians, cultivating a diverse new workforce that is well prepared to serve community needs, especially those of diverse groups and special populations.
The project components, to be carried out over three years, are as follows:
- Twelve (12) library systems, partnering with six library schools, will collaborate in the development of Teaching Libraries across the state. The library systems will provide practical, hands-on experience for librarian recruits in a Teaching Library selected from among the systems' member libraries.
- Six of New York's American Library Association (ALA)-accredited library schools will participate in a scholarship component. The scholarships will enable the schools to recruit students who will represent diverse groups and acquire competencies for serving diverse populations.
In addition, the project partners will initiate activities to strengthen library education overall, enabling all Master of Library Science (MLS) degree candidates to benefit. Activities include construction of a career web site; implementation of a public-education and information campaign to reach out to diverse populations and raise statewide awareness of librarianship as a career; annual meetings of recruits and project participants; and publication of project experiences and outcomes.
The Institute of Museum and Library Services grant will provide financial support for up to forty-four (44) MLS students. It will contribute to developing and testing model Teaching Libraries and support a rigorous evaluation process that will complement the Outcome-Based Evaluation Implementation Plan of the State Library. It will also assist in building statewide resources to enhance workforce recruitment, including the career web site, the public-awareness initiative, and the events for participants.
Applicants for scholarships will agree to work in New York State libraries for a specific time after earning their MLS degree and return annual surveys on their career progress.
The New York State Library and an Advisory Council representing different types of libraries and regions of the state will oversee project activities and administration. They will support the activities outlined above and develop plans and alternatives for continuing the project after the three-year grant period.
Expected Results of the Making It REAL! Grant Program:
The project partners and New York's library community are optimistic and excited about the promise of this project for the future of librarian recruitment. They envision both short-term and long-term success:
- New York State and the library profession will experience an infusion of recruits from diverse backgrounds who are ready to serve diverse populations.
- The recruitment process will become stronger with the development of new strategies and alternatives for library
education.
- Teaching Libraries will identify new competencies and skills for librarians serving diverse populations and traditionally underserved groups.
- Library systems and library schools will build strong partnerships and develop new means of collaboration.
- New means of communication will enhance recruitment and career placement.
- The library community and all those served by libraries will achieve a heightened awareness of recruitment needs for the 21st century.
Task 1: Statewide Online Career Resource Center
1) Description of Services to Be Performed:
- Provider will work with New York State Library staff to design a web site that will provide the information needed by the New York State Library.
- Provider will develop a statewide Online Career Resource Center housed on the New York State Library web site to assist current and future librarians from diverse backgrounds in exploring, starting and building a library career in New York State. A preliminary and final web site design will be provided to the New York State Library for approval by the State Librarian.
- Provider will perform a needs assessment to determine what potential web site users would like to see on the site.
- Provider will design a web site that is easily sustainable and maintainable.
- Web site must meet all New York State standards for web accessibility and have portions in Spanish as well as English.
- Any web-based intranet and internet information and applications development, or programming delivered pursuant to the Contract will comply with NYS Office for Technology Policy P04-002, "Accessibility of New York State Web-based Intranet and Internet Information and Applications", as such policy may be amended, modified or superseded, which requires that state agency web-based intranet and internet information and applications are accessible to persons with disabilities.
- Sections of this site will include:
- A Career Resource Center providing information for people of diverse backgrounds about building a library career, with a particular focus on New York State.
- Scholarship information for the seven library schools throughout New York State and links to those schools' web sites as well as to all library schools in the U.S.
- Links to the web sites of library-related organizations such as ALA, NYLA, and The New York State Library.
- Information suitable for all ages, including school age students.
- Information about the need for librarians in New York State including data showing the number of positions across the state and identifying shortage areas.
- An Online Job Bank, providing free access to searchable job postings.
- Recognition of the New York State Library and the Institute for Museum and Library Services (IMLS) for providing the funds for the web site.
- Provider will work with New York Library Association (NYLA) and the seventy-four (74) library systems and 7 library schools to make web site resources available through the NYLA web site and system web sites.
- Provider will include a popup feedback survey on the web site to get suggestions from users on how to improve the site.
- During the contract period, provider will periodically supply the New York State Library with web site usage data.
- Provider will work with the New York State Library's "Making It REAL!" grant evaluator by providing usage data and other information needed by the evaluator on a monthly basis.
- Provider will work with the public relations vendor, if different from provider, to promote the Online Career Resource Center.
- Provider will develop and implement a transition plan acceptable to the New York State Library, which includes any necessary staff training and documentation, so the New York State Library is able to sustain the site after the contract ends.
- The web site and its contents will be wholly owned by the New York State Library and may not be copyrighted by the provider. Web site content will be freely available for use by the general public and any library in the nation and all materials must contain the appropriate credits as required by the State Library and the federal government.
Travel & Meeting Requirements:
Provider will commit to the following:
- Be in contact on a regular basis with the Project Manager, schedule to be determined by the vendor and the Project Manager.
- Three meetings with the Making It REAL! grant Advisory Council and other State Library staff to present web
site. The meetings may be conference calls with use of computers.
- By December 2005 - Preliminary Design
- By March 2006 - Working Version
- By June 2007 - Final Version
- Expenses for travel, lodging, and subsistence should be calculated at the per diem rate in effect at the time for New York State employees. Travel information
Benchmarks (Provider Deliverables Timeline):
Start date: Date the contract is awarded or September 1, 2005, whichever occurs later.
By December 2005, provider will have a preliminary design for the web site that includes an online survey form.
By March 2006, provider will have a working version of web site on the New York State Library web site that is available to the public, with a feedback survey to collect suggestions for improvement from users and will provide survey results to the grant evaluator on a monthly basis.
Between March 2006 and June 2007, provider will update the developed web site based on survey results.
By June 2007, provider will have developed the final web site design. This design will be available on the New York State Library's web site and in use by the public.
By August 2007, provider will successfully transition maintenance of the web site to the New York State Library.
Provider will maintain and update the developed web site for the duration of the contract period.
Contract Description
Contract Term: September 1, 2005, through August 31, 2007.
Eligible Participants as Providers: Not-for-profit and for-profit organizations and associations, including, but not limited to, web design companies, libraries, library systems, and institutions of higher education.
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. Additionally, this extension may be for a period of up to three months with the concurrence of the contractor. However, any extension will terminate immediately upon approval of the replacement contract except where a period for transition of contractors has been previously provided for.
Subcontracting Limit
Subcontracting will be limited to twenty-five percent (25%) of the annual contract budget. Subcontracting is defined as non-employee direct personal services and related incidental expenses, including travel.
2) Submission
Documents to be submitted with this proposal
This section details the submission document or documents that are expected to be transmitted by the respondent to the State Education Department in response to this RFP. New York State Education Department shall own all materials, processes, and products (software, code, documentation and other written materials) developed under this contract. Materials prepared under this contract shall be in a form that will be ready for copyright in the name of the New York State Education Department. Any sub-contractor is also bound by these terms. The submission will become the basis on which NYSED will judge the respondent's ability to perform the required services as laid out in the RFP. This will be followed by various terms and conditions that reflect the specific needs of this project.
Project Submission:
Bidders responding to this request should submit a proposal that includes the following documents:
- A detailed timeline, beginning with the contract award date.
- A narrative statement that describes the applicant's proposed project design for accomplishing the services to be performed.
- A narrative statement of expertise including:
- Experience with and organizational capacity to administer a statewide web site and statewide education and information efforts
- Description of successful web site design projects
- References with permission to contact those listed - previous clients preferred
- Familiarity with library structure/services in New York State
- Resumes of staff to be assigned to the project
- Sample of web site design work
Cost Proposal:
The total cost for the project cannot exceed $50,000, including travel and any incidental expenses, for the term of the contract.
3) Evaluation Criteria and Method of Award
This section begins with the criteria the agency will use to evaluate bids, and closes with the "method of award" or how the contractor will be selected. This will be followed by various terms and conditions that reflect the specific needs of this project as well as New York State contract guidelines and requirements.
Technical Criteria 80 points (80%) An in-house committee of not less than three people will evaluate bids pursuant to the criteria listed below.
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Criteria for Evaluating Bids |
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Quality of project design:
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40 percent |
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Quality of project expertise:
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40 percent |
| Overall project cost | 20 percent |
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Total: |
100 percent |
Financial Criteria 20 points (20%)
- The financial portion of the proposal represents 20 (twenty) points of the overall score and will be awarded points pursuant to a formula. This calculation will be computed by the Contract Administration Unit upon completion of the technical scoring by the technical review panel.
- The agency reserves the right to request best and final offers.
- The submitted budget will be awarded 20 (twenty) points pursuant to a formula that awards the highest score of 20 (twenty) points to the budget that reflects the lowest overall cost. The remaining budgets will be awarded points based on a calculation that computes the relative difference of each proposal against the lowest budget submitted. The resulting percentage is then applied to the maximum point value of 20 (twenty) points.
Method of Award
A minimum technical score of 70% (56 points) is required for consideration.
The aggregate score of all the criteria listed will be calculated for each proposal received.
The contract issued pursuant to this proposal will be awarded to the vendor whose aggregate technical and cost score is the highest among all the proposals rated.
In the event that more than one proposal obtains the highest aggregate score, the contract will be awarded to the vendor in that group of highest aggregate scores whose budget component reflects the lowest overall cost.
The New York State Education Department reserves the right to reject all proposals received or cancel this RFP if it is in the best interest of the Department.
Post Selection Procedures
Upon selection, the successful bidder will enter into negotiations for a contract with NYSED. The contents of this RFP, any subsequent correspondence 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.
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 exceeding $100,000 can be made to a covered entity, the entity will be required to complete and submit a Vendor Responsibility Questionnaire. Vendors selected for an award who must complete the questionnaire will receive it with the State contract.
Task 2: Statewide Public Education and Information Campaign
1) Description of Services to Be Performed:
- Provider will work with the New York State Library to develop and implement a statewide education and information program for components of the New York State Library's Institute for Museum and Library Service's (IMLS) grant entitled, "Making it REAL! Recruitment, Education, And Learning: Creating a New Generation of Librarians to Serve All New Yorkers."
- Provider will perform a needs assessment to determine the best content for an education and information program to promote librarianship as a career choice in New York State, with a particular emphasis on attracting and recruiting people from diverse backgrounds.
- Provider will develop and implement a communication plan and an evaluation plan to promote awareness of selected
components of the "Making it REAL!" grant. The State Librarian will approve the plans prior to implementation.
The plans will include the following:
- Development and implementation of a communication plan to promote the "Making It REAL!" grant's Online Career Resource web site.
- Development and implementation of a communication plan to promote the profession of librarianship in New York State as well as diversity within that profession.
- Development and implementation of a communication plan to alert decision makers of the need for more librarians, with a particular emphasis on the need to recruit more people of diverse backgrounds to the library profession.
- Development of a communication plan to promote successful outcomes and lessons learned from the "Making It Real" grant project nationally.
- The product (deliverables) must be distributed accordingly: 40% for media, 40% for print and press, and 20% that can be used in either preceding category or in another creative venue that must be fully described. Media includes television, radio, and Internet. Press coverage may include news stories, interview and talk show formats, public service announcements, and paid advertising. Print products may include items such as tool kits, fliers, pamphlets, brochures, posters, and postcards.
- A mid-course evaluation report that uses performance evaluation techniques to assess the impact of statewide education and information efforts on the general public to be completed by August 2006.
- A final evaluation report that uses performance evaluation techniques to assess the impact of statewide education and information efforts on the general public to be completed by August 2007.
- General consultation for the project to the New York State Library.
- Provider will supply and distribute copies of the materials resulting from this project to appropriate audiences. Such items should be described in the project work plan and associated costs identified in the project budget. Materials may include handouts, brochures, posters, press materials, tapes, mailings, tool kits, surveys, reports, etc. The State Librarian will approve all materials prior to distribution. Materials will also be made available in electronic formats appropriate for dissemination from web sites. Materials will be wholly owned by the New York State Library and may not be copyrighted by the provider. Content will be freely available for use by any library in the nation and all materials must contain the appropriate credits as required by the State Library and the federal government.
Travel & Meeting Requirements:
Provider will commit to the following:
- Be in contact on a regular basis with the "Making It REAL!" Project Manager, frequency to be determined by the vendor and the Project Manager.
- Two meetings a year with the "Making It REAL!" grant Advisory Council of which one must be onsite.
- Expenses for travel, lodging, and subsistence should be calculated at the per diem rate in effect at the time for New York State employees. Travel information
Benchmarks (Provider Deliverables Timeline):
Start date: date the contract is awarded or September 1, 2005, whichever occurs later
Year 1: September 1, 2005 - August 31, 2006
- Communications and evaluation plans approved by December 2005
- Year-round ongoing education and information campaign launched in February 2006
- Mid-course evaluation report completed by August 31, 2006
Year 2: September 1, 2006 - August 31, 2007
- Year-round ongoing education and information campaign
- Statewide education and information program completed by August 1, 2007
- Final evaluation report completed by August 31, 2007
- All contract activities completed by August 31, 2007
Contract Description
Contract Term: September 1, 2005, through August 31, 2007 (with no renewals)
Eligible Participants as Providers: Not-for-profit and for-profit organizations and associations, including, but not limited to, advertising firms, libraries, library systems, and institutions of higher education.
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. Additionally, this extension may be for a period of up to three months with the concurrence of the contractor. However, any extension will terminate immediately upon approval of the replacement contract except where a period for transition of contractors has been previously provided for.
Subcontracting Limit
Subcontracting will be limited to twenty-five percent (25%) of the annual contract budget. Subcontracting is defined as non-employee direct personal services and related incidental expenses, including travel.
2) Submission
Documents to be submitted with this proposal
This section details the submission document or documents that are expected to be transmitted by the respondent to the State Education Department in response to this RFP. New York State Education Department shall own all materials, processes, and products (software, code, documentation and other written materials) developed under this contract. Materials prepared under this contract shall be in a form that will be ready for copyright in the name of the New York State Education Department. Any sub-contractor is also bound by these terms. The submission will become the basis on which NYSED will judge the respondent's ability to perform the required services as laid out in the RFP. This will be followed by various terms and conditions that reflect the specific needs of this project.
Project Submission:
Bidders responding to this request should submit a proposal that includes the following documents:
- A brief, all-inclusive, two to three (2-3) page written description of the entire statewide promotional campaign. This should provide an outline that provides a "snapshot" of the campaign.
- An item-by-item description, including quantity, of the products proposed based on 40% for media, 40% for print and press, and 20% for either of the preceding categories or other creative venues. Media includes television, radio, and Internet. Print includes items such as tool kits, fliers, pamphlets, brochures, posters, and postcards. Press coverage may include news stories, interview and talk show formats, public service announcements, and paid advertising. Costs MUST NOT be included in the description of services for the Technical Proposal. Costs will be required as part of the Cost Proposal.
- A detailed timeline, beginning with the contract award date.
- A detailed performance-based evaluation plan.
- A narrative statement of expertise including:
- Experience in program evaluation, particularly performance evaluation methodologies
- Description of successful evaluation projects, particularly those using performance evaluation methodologies
- Experience with and organizational capacity to administer statewide education and information efforts for libraries and library services
- Familiarity with the "Making It REAL!" grant
- Familiarity with library structure/services in New York State
- Experience with public relations and media
- Resumes of employees to administer the project
Cost Proposal:
- Line-by-line budget costs for products, overhead, administrative costs, and other costs. Products must correspond to the required split of 40% for media, 40% for print and 20% for either of the preceding categories or other creative venues. Media includes television, radio, and Internet. Print includes items such as tool kits, fliers, pamphlets, brochures, posters, and postcards. Press coverage may include news stories, interview and talk show formats, public service announcements, and paid advertising. In addition, it must be clearly specified how much product will be received in each category, i.e. how many media spots will be purchased, how many print materials will be produced, etc. The cost proposal should not exceed the total of $79,350 needed to deliver the product.
- The respondent must complete the cost proposal form included in Item 5.) Submission Documents for the contract period.
3) Evaluation Criteria and Method of Award
This section begins with the criteria the agency will use to evaluate bids, and closes with the "method of award" or how the contractor will be selected. This will be followed by various terms and conditions that reflect the specific needs of this project as well as New York State contract guidelines and requirements.
Technical Criteria 80 points (80%) An in-house committee of not less than three people will evaluate bids pursuant to the criteria listed below.
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Criteria for Evaluating Bids |
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Quality of project design:
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40 percent |
|
Quality of project expertise:
|
40 percent |
| Overall project cost | 20 percent |
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Total: |
100 percent |
Financial Criteria 20 points (20%)
- The financial portion of the proposal represents 20 (twenty) points of the overall score and will be awarded points pursuant to a formula. This calculation will be computed by the Contract Administration Unit upon completion of the technical scoring by the technical review panel.
- The agency reserves the right to request best and final offers.
- The submitted budget will be awarded 20 (twenty) points pursuant to a formula that awards the highest score of 20 (twenty) points to the budget that reflects the lowest overall cost. The remaining budgets will be awarded points based on a calculation that computes the relative difference of each proposal against the lowest budget submitted. The resulting percentage is then applied to the maximum point value of 20 (twenty) points.
Method of Award
A minimum technical score of 70% (56 points) is required for consideration.
The aggregate score of all the criteria listed will be calculated for each proposal received.
The contract issued pursuant to this proposal will be awarded to the vendor whose aggregate technical and cost score is the highest among all the proposals rated.
In the event that more than one proposal obtains the highest aggregate score, the contract will be awarded to the vendor in that group of highest aggregate scores whose budget component reflects the lowest overall cost.
The New York State Education Department reserves the right to reject all proposals received or cancel this RFP if it is in the best interest of the Department.
Post Selection Procedures
Upon selection, the successful bidder will enter into negotiations for a contract with NYSED. The contents of this RFP, any subsequent correspondence 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.
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 exceeding $100,000 can be made to a covered entity, the entity will be required to complete and submit a Vendor Responsibility Questionnaire. Vendors selected for an award who must complete the questionnaire will receive it with the State contract.
4) Assurances
Appendix A - Standard Clause for all New York State Contracts WILL BE INCLUDED in the contract that results from this RFP. Vendors who are unable to complete or abide by these assurances should not respond to this request.
The documents listed below are included in 5.) Submission Documents, which must be signed by the Chief Administrative Officer. Please review the terms and conditions. Certain documents will become part of the resulting contract that will be executed between the successful bidder and the NYS Education Department.
Appendix A - Standard Clause for all New York State Contracts, contains the following two (2) certifications:
MacBride Certification
(Signature Required - the form is included in 5.) Submission Documents)Certification-Omnibus Procurement Act of 1992
(Signature Required - the form is included in 5.) Submission Documents)
Affirmative Action and Minority/Women Owned Business Enterprise Policy
Certification Regarding Lobbying; Debarment and Suspension; and Drug-Free Workplace Requirements
(Signature Required - the form is included in 5.) Submission Documents)
Executive Order 127 Providing for Additional State Procurement Disclosure - Forms 1 and 2
(Signature Required - the form is included in 5.) Submission Documents)
APPENDIX A -- STANDARD CLAUSES FOR NYS CONTRACTS
The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party):
1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract.
2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the 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 $15,000 (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 $30,000 (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 warrants, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further warrants 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,
AESOB, 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
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
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.
(Revised May 2003)
AFFIRMATIVE ACTION AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISE POLICY
The Department has a long-standing and continuing commitment to the goal of encouraging minority and women-owned business enterprises to be providers of goods and services and to be vendors for construction and other projects. This is an integral part of our affirmative action/equal opportunity program. As an organization, we recognize the need to actively pursue affirmative action as a means to promote employment of minority group persons and women and to assure that minority and women-owned businesses are provided the opportunity to participate, to the fullest extent possible, in all of the State's procurement programs.
Under the auspices of Executive Order 21, and in accordance with the provisions of Article 15-A of the Executive Law and the State Finance Law, the Department maintains an active and successful program of locating, identifying, and purchasing from minority and women-owned vendors and providers of services and encourages their participation in our procurement programs. The Department's long-term goal is to continue to increase our percentage of discretionary purchases and contracts from among minority and women-owned vendors and providers of service.
It is anticipated that the contractor embraces the voluntary policy of the Department on affirmative action and minority/woman owned business and will make efforts to assist the Department in meeting its long-term goals.
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URL: http://www.nysl.nysed.gov/libdev/imls/rfp05015.htm