Addendum2-RFP LEH2732NUR.pdf

RFP ADDENDUM #2

DATE: July 30, 2026

TO: ALL PROSPECTIVE PROPOSERS

RE: Request for Proposals (RFP) No. LEH2732NUR – Comprehensive Nursing Education Resources to Enhance Student Success

Lehman College (“College”) of The City University of New York (“CUNY”) is issuing the following Addendum #2 (“Addendum”) to the above referenced RFP to extend the due date and respond to questions submitted by prospective proposers.

I. Changes to Important Dates:

The RFP Submission Due Date is extended from Wednesday August 5, 2026 to Wednesday August 19, 2026 @ 1:00PM.

II. Questions & Answers:

Question 1: License Agreement Documentation

a. Can we attach copies of our platform terms, Privacy Terms, and a blank Master Services Agreement (MSA) with our proposal?

b. Does the University reserve the right to reject the EULA or the Proposal in its entirety if the University finds the EULA terms unacceptable? If so, would it be acceptable to cross out or remove references to the EULA in the Proposal documents accordingly?

Answer 1: a. Yes. Please see Part 4, Section IV of the RFP.

b. Yes, the University reserves the right to reject the EULA and the Proposal in its entirety. Please see part 4, Section IV of the RFP. It is in each Proposer’s discretion as to what references it includes in its Proposal, including a EULA and/or references to a EULA.

Question 2: Terms to Be Removed or Crossed Out

a. Is the University willing to remove or cross out any clauses that limit or exclude liability for direct damages related to personal injury, death, or damage to real property, tangible property, or intellectual property caused by negligence or other tort of the vendor or its agents?

b. Would the University agree to void any order of precedence clauses or any language disclaiming the customer’s (i.e., CUNY’s) superseding terms from the Proposal or EULA documents?

Answer 2: a. No, the University declines to accept this exception.

b. No, the University declines to accept this exception.

Question 3: Terms and Conditions of Contract

a. Would the University agree to rephrase the Terms and Conditions section to read:

“a. Contractor's Master Agreement, once mutually negotiated and executed by the Parties, an example of which is attached hereto and incorporated herein; b. [remainder of list…]”?

b. Can we attach a blank/sample MSA with our proposal to fulfill this requirement?

Answer 3: a. The University declines to rephrase the Terms and Conditions of the RFP.

b. Please see Part 4, Section IV of the RFP.

Question 4: Terms and Conditions of Contract - Scope Changes (No. 4)

Is the University amenable to changing the word “require” to “request” in the scope of changes clause to allow more flexibility?

Answer 4: No. However, please note that Section 4 of the Terms and Conditions applies, “solely respect to professional services, if any are required under this Contract, (not subscription or any non-customizable aspects of the Solution).

Question 5: Terms and Conditions of Contract - Subcontractors and Suppliers (Section 11)

Would the University accept striking the full paragraph restricting subcontracting without prior written consent, and instead include the language:

“Contractor shall ensure that all subcontractors are aware of and comply with the terms herein”?

Answer 5: No, the University declines to accept this exception.

Question 6: Terms and Conditions of Contract - Indemnification (Section 27(a))

Is it possible to strike Section 27(a) in its entirety? Can we instead agree to indemnification as outlined in Section 17 (b-g), which addresses key risks such as intellectual property infringement?

Answer 6: No, the University declines to accept the exceptions proposed in Question 6(a) and (b) above, Question 7: Terms and Conditions of Contract - Limitation of Liability (Section 28)

a. Would the University agree to modify the liability cap by replacing “of three times” with “equal to” the contract value?

b. Could the phrase “or the limits of the applicable required insurance, whichever is greater” be removed from this section?

Answer 7: a. No, the University declines to accept this exception.

b. No, the University declines to accept this exception.

Question 8: Terms and Conditions of Contract - Additional Terms (Section 30)

Would the University agree to strike the paragraph related to Appendix A and extraneous terms and instead include the following language: “As included in Contractor's proposal, and as mutually agreed upon by the Parties, any extraneous terms and conditions shall be inapplicable and of no force and effect”?

Answer 8: No, the University declines to accept this exception.

Question 9: Payment Terms (Section F)

a. Does the University require detailed monthly documentation (such as call logs, Help Incident Reports, or daily hour logs) to accompany invoices, or would summary level documentation suffice?

b. Would the University consider allowing invoicing after written acceptance confirmed by the University, without assuming acceptance by passage of time or lack of response?

Answer 9: a. No, summary level documentation with the invoice will be sufficient.

b. Yes.

Question 10: Confidential and Proprietary Information

Will the University consider all pricing information submitted in the proposal to be confidential and proprietary under Section 5.3.3 of the RFP? Will such pricing information be exempt from disclosure under FOIL to protect competitive interests? If not, can the University suggest alternative language or provisions?

Answer 10: Please see Form 1, Section IV of the RFP document.

Question 11: Other additional terms of the contract (b)

a. Regarding the clause stating that Contractor must comply with "(i) requirements and obligations required by applicable Law; (ii) the CUNY Security Policies and Procedures including internet security policies and procedures; and (iii) Contractor's security standards, policies, guidelines and procedures, provided that the CUNY Security Policies and Procedures shall take precedence over any inconsistencies or conflicts with Contractor's security standards, policies, guidelines and procedures," could you please provide the full and current CUNY Security Policies and Procedures documentation for our review?

b. Review of this documentation is necessary before we can agree to comply fully with this requirement.

Could you also confirm whether any updates or revisions to these policies will be communicated during the contract term?

Answer 11: a. CUNY’s full and current CUNY Security Policies and Procedures can be found at:

https://www.cuny.edu/about/administration/offices/cis/information-security/security-policies-procedures/

b. The College will endeavor to advise the selected Contractor of any updates or revisions to the CUNY

Security Policies and Procedures.

Question 12: Accessibility Conformance Report (ACR) or VPAT Submission

Could you also clarify whether the University requires ACR/VPAT documentation for specific products in scope (e.g., Vendor's products in scope), as our teams maintain these documents for certain products only?

Answer 12: Yes, an ACR/VPAT must be submitted for each applicable product included in the proposal.

Question 13: Accessibility Testing and Temporary Credentials

a. The RFP requires that the Contractor provide temporary credentials to University staff to perform testing of the Services’ accessibility before contract award. Could the University clarify the expected process and timeline for such testing?

b. Would the University consider allowing reasonable lead time for test account provisioning and testing coordination with the Contractor’s product teams?

Answer 13:

a. The accessibility review process includes a review of the vendor's submitted documentation, followed by automated and manual testing using accessibility evaluation tools and assistive technologies in order to identify accessibility barriers, validate reported conformance, and document any accessibility risks or gaps. The timeline for accessibility testing may vary depending on several factors, including the timely receipt of accessibility documentation, the availability of testing credentials, the complexity of the product, and the volume of other procurement requests currently under review

b. Yes.

Question 14: Terms and Conditions of Contract - Requests for Software Modifications

Would the University consider removing or modifying the term “promptly” to allow time for the Contractor’s product management and development teams to appropriately roadmap and prioritize such changes? Additionally, could the University clarify how contract amendments or negotiations will be managed if requested modifications require scope or pricing changes?

Answer 14: The University declines to remove the term “promptly” from Part 3, Section 3.3 of the RFP. However, please note that the RFP requires Contractor to make “commercially reasonable efforts” and that the term “promptly” will be reasonably interpreted based on the circumstances of the University’s modification request. If requested modifications require scope of pricing changes, the University and the Contractor shall engage in good faith negotiations to establish mutually agreeable terms.

Question 15: Termination Rights Related to Accessibility

a. The RFP provides the University the right to terminate the contract upon 30 days’ written notice if requested accessibility modifications cannot be made following good faith negotiations. Could the University clarify if this termination right is standard practice in such contracts?

b. Would the University consider flexibility or alternative dispute resolution mechanisms in these cases, given the complexity of software development and accessibility enhancements?

Answer 15: a. Yes, the termination right is standard practice in CUNY’s contracts for certain IT products.

b. No, the University declines to accept this exception.

Question 16: Contract Award Conditions Related to Accessibility

The RFP states that the University will not award a contract to any proposer who:

- fails to submit an ACR or VPAT clearly indicating compliance;

- submits an ACR/VPAT that does not conform as verified by the University;

- proposes services that fail testing; or

- does not provide credentials for testing.

Given these conditions, can the University confirm whether there is an opportunity for proposers to address or cure minor deficiencies identified during testing before contract award? Alternatively, can the University provide examples of acceptable thresholds or criteria for passing the accessibility testing?

Answer 16: Yes, the University will provide proposers with an opportunity to address or cure minor deficiencies identified before contract award. With respect to accessibility criteria, each software is expected to conform to the Web Content Accessibility Guidelines (WCAG) 2.2 Level AA, as required by New York State IT policy.

Question 17: On the Diversity Clause

Our organization operates a company-wide Supplier Diversity program; however, the specific requirements outlined in the RFP—particularly the Supplier Diversity Utilization Plan requiring listing of subcontractors and suppliers—do not align with our organizational structure, as we do not list subcontractors or suppliers in this manner. Given this, would the University consider granting a waiver or alternative compliance approach for this requirement?

Answer 17: Yes.

Question 18: How many exams (approximately) for the entire year?

Answer 18: Approximately 3,000 exams (2,650 Undergraduate and 350 Graduate).

Question 19: Will you please provide us with your course outline for the RN to BSN program so we can determine the appropriate ATI resources for this program?

Answer 19: The RN-BS program is not included in this RFP- just pre-licensure and graduate students.

Question 20: Should Part 3 (Project Objectives, Scope, etc.) be submitted in Volume II (Technical Proposal)?

Answer 20: Yes.

Question 21: Please let us know to find the reference form mentioned here in Form 1, section VI. “Complete the attached Reference Form for each of the references that you provide as required by Attached 4”.

Answer 21: The form is located on page #66 of the RFP and can be used for multiple reference

ALL OTHER TERMS AND CONDITIONS OF THE RFP REMAIN UNCHANGED.

THIS ADDENDUM IS PART OF THE RFP AND IS TO BE INCLUDED IN YOUR SUBMISSION. YOUR

SIGNATURE BELOW WARRANTS THAT YOU UNDERSTAND THIS ADDENDUM AND THAT YOU HAVE

MADE THE APPROPRIATE ADJUSTMENTS IN YOUR RFP SUBMISSION AND CALCULATIONS. THE

COLLEGE RESERVES THE RIGHT TO REJECT ANY BID SUMITTED WITHOUT THE ADDENDUM PROPERLY

SIGNED.

Bidder:

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