C001071 IDP IFB.pdf

C001071 3700000

INVITATION FOR BID (IFB)#:

NYS DMV Impaired Driver Program (IDP)

IFB Issue Date:

October 9, 2026

Deadline for Submissions:

December 3, 2026, 2:30 pm ET

IFB #C001071 NOTICE TO BIDDERS

Your bid is hereby solicited for the provision of a course curriculum, instructor training, periodic program effectiveness monitoring and reporting, and a comprehensive program effectiveness report to be used in the New York State Department of Motor Vehicles Impaired Driver Program (IDP), as described in the attached INVITATION FOR BID (IFB) with Specifications.

Bids must be returned no later than 2:30 PM ET on December 3, 2026, at which time all bids will be publicly opened.

BIDDERS CHOOSING TO BID MUST COMPLETE AND SUBMIT THE “BID SUBMISSION CHECKLIST” (Page 24) AND

ALL ITEMS INDICATED ON THE CHECKLIST WITH YOUR SEALED BID.

BIDDERS CHOOSE NOT TO SUBMIT A BID IN RESPONSE TO THIS SOLICITATION MUST COMPLETE AND RETURN

ATTACHMENT 6: NO BID FORM.

FAILURE TO RESPOND TO THREE BID INVITATIONS MAY RESULT IN YOUR FIRM BEING REMOVED FROM OUR

MAILING LIST FOR THIS SERVICE.

NOTICE: New York State Finance Law, as more fully set forth herein, requires Bidders and persons acting on their behalf to direct all communications concerning this procurement to the person(s) designated below (“Designated Contact Person(s)”). This restriction on communications shall be in effect from the date of publication of the solicitation for this procurement until final approval of a contract by the Office of State Comptroller (the “restricted period”).

TABLE OF CONTENTS

IFB #C001071 NOTICE TO BIDDERS

INVITATION FOR BID

SECTION 1: GENERAL INFORMATION:

1.1 BACKGROUND:

1.2 SCOPE:

1.3 SCHEDULE OF PERTINENT DATES:

1.4 TERM:

1.5 BID SUBMISSION:

1.6 BID INFORMATION AND PRICING:

1.7 SIGNATURES:

1.8 DESIGNATED CONTACT PERSON(S):

1.9 QUESTIONS REGARDING THIS IFB:

1.10 BID AMENDMENT/WITHDRAWAL:

1.11 REJECTION OF BIDS:

1.12 BIDS SUBMISSIONS REMAIN OPEN:

1.13 CONFIDENTIALITY:

1.14 ADDITIONAL RESERVED RIGHTS:

1.15 CONTRACT AWARD:

1.16 CONTRACT NEGOTIATION:

1.17 CONFLICT OF TERMS:

1.18 REFERENCES:

1.19 REQUEST FOR DEBRIEFING:

1.20 PROTEST OF CONTRACT AWARD:

SECTION 2: GENERAL SPECIFICATIONS:

2.1 EXPERIENCE REQUIREMENTS:

2.2 COURSE EFFECTIVENESS REQUIREMENTS:

2.3 COURSE CONTENT REQUIREMENTS:

2.4 CONTRACTOR RESPONSIBILITIES:

2.5 INSTRUCTOR TRAINING PROGRAM:

SECTION 3: ADDITIONAL TERMS:

3.1 VENDOR RESPONSIBILITY:

ATTACHMENT 1: BID SUBMISSION CHECKLIST – IFB #C001071

ATTACHMENT 2: BIDDER CONTACT INFORMATION – IFB #C001071

ATTACHMENT 3: BID PROPOSAL FORM IFB #C001071

ATTACHMENT 4: BUSINESS EXPERIENCE AND REFERENCE FORM - IFB #C001071

ATTACHMENT 5: PROPOSED SUBCONTRACTOR IDENTIFICATION FORM – IFB #C001071

ATTACHMENT 6: NO BID FORM

APPENDIX-A: STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS

APPENDIX-B: STANDARD CLAUSES FOR ALL DMV CONTRACTS

APPENDIX-C: DMV’S POLICY AND PROCEDURES CONCERNING COMPLIANCE WITH “PROCUREMENT LOBBYING LAW”

(STATE FINANCE LAW §§139-J AND 139-K)

APPENDIX-D: AFFIRMATION AND DISCLOSURES WITH RESPECT TO STATE FINANCE LAW §§139-J AND 139-K

APPENDIX-E: STATEMENT OF NON-COLLUSION IN BIDS TO THE STATE

APPENDIX-F: VENDOR ASSURANCE OF NO CONFLICT OF INTEREST OR DETRIMENTAL EFFECT

APPENDIX-G: COMPLIANCE OR NON-APPLICABILITY TO § 5-A OF THE NYS TAX LAW

APPENDIX-H: NON-DISCRIMINATION, TITLE VI

APPENDIX-I: CONTRACTOR REQUIREMENTS AND PROCEDURES FOR PARTICIPATION BY NEW YORK STATE-CERTIFIED MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES AND EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITY

GROUP MEMBERS AND WOMEN

MWBE FORM-1: MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES – EQUAL EMPLOYMENT OPPORTUNITY POLICY

STATEMENT

MWBE FORM-2: MWBE CONTRACT GOALS

APPENDIX-J: SDVOB – PARTICIPATION OPPORTUNITIES FOR NEW YORK STATE CERTIFIED SERVICE-DISABLED VETERAN-

OWNED BUSINESSES

APPENDIX-K: EO 177 CERTIFICATION

APPENDIX-L: 139-M GENDER-BASED VIOLENCE AND THE WORKPLACE CERTIFICATION

APPENDIX-M: 139-L STATEMENT ON SEXUAL HARASSMENT

APPENDIX-N: CERTIFICATION UNDER EXECUTIVE ORDER NO. 16 PROHIBITING STATE AGENCIES AND AUTHORITIES FROM

CONTRACTING WITH BUSINESSES CONDUCTING BUSINESS IN RUSSIA

APPENDIX-O: STANDARD SECURITY CLAUSES FOR SHARING DATA WITH EXTERNAL ENTITIES

APPENDIX-P: IMMIGRATION DATA DISCLOSURE CERTIFICATION

APPENDIX-Q: PRIMARY SECURITY AND PRIVACY MANDATES

EXHIBIT 1: NYS VEHICLE AND TRAFFIC LAW ARTICLE 31 - SECTION 1196

INVITATION FOR BID

The New York State Department of Motor Vehicles (referred to herein as the “Department” or the “DMV”) is requesting bids for the award of an impaired driver education and prevention curriculum, an instructor training program, periodic program monitoring and reporting, and a comprehensive program effectiveness report to be used by the New York State Department of Motor Vehicles Impaired Driver Program (IDP).

SECTION 1: GENERAL INFORMATION:

Title VI Non-Discrimination: It is the policy of the New York State Department of Motor Vehicles to achieve compliance with Title VI of the Civil Rights Act of 1964 and related statutes and regulations in all Federal programs. The Contract awarded from this solicitation will be awarded in conformance with such law and related statutes and regulations. The bidder awarded a contract from this solicitation (Contractor) shall comply with the provisions of Appendix-H hereof (“Non-Discrimination, Title

VI”).

1.1 BACKGROUND:

The IDP is part of New York State’s effort to reduce the incidence of death, personal injury and property damage resulting from alcohol and drug impaired driving. IDP course participants receive in-depth classroom-based education focusing on high-risk choices and the negative consequences of substance use and abuse in their lives, with the goal of discouraging substance abuse and promoting safe driving, changing behaviors, and reducing the potential for recidivist impaired driving activity.

The IDP includes group sessions, exercises, lecture, self-reflection, multimedia presentation, homework, and a comprehensive workbook which the participant utilizes during the class and retains for reference afterward.

IDP participants are screened during the course, using a DMV-approved screening instrument, in order to identify risk factors for a substance abuse disorder and participants who qualify may be referred for a clinical assessment and possible treatment in order to complete the IDP.

The course is delivered to approximately 20,000 participants annually, through a network of approximately 58 IDP course providers and 300 instructors. IDP course providers include hospitals, community colleges, mental health organizations, county government programs and small businesses. All instructors shall receive training directly from the contracted curriculum provider, initially, and once every two years thereafter.

The role of the IDP course providers is to deliver the DMV-approved curriculum, screen motorists using an approved screening instrument, refer the participant for clinical assessment if warranted, and to ensure that all program requirements, including any treatment, have been addressed before the participant is able to complete the IDP. The IDP course provider will drop non-compliant participants from the Impaired Driver Program.

The course is comprised of 16 classroom hours of instruction, delivered over a 7-week period. The first 4 hours (the first 2 of the seven weekly sessions) addresses New York State-specific content, administrative procedure, relevant law and safety information and screening. The remaining 12 hours addresses the contracted evidence-based impaired driver curriculum. New York State specific content will be provided by DMV, which may be developed in consultation with the Contractor.

IDP participants will enroll in the program at a DMV office, and enrollment is subject to the motorist’s statutorily defined eligibility to participate. Course participation may be voluntary or court-ordered but is statutorily limited to individuals who have been convicted of a qualifying alcohol and/or drug impaired driving offense.

Most IDP participants are eligible for a conditional driver license while they are actively participating in the IDP, and they risk losing that conditional license and having the original sanction re-imposed for failing to meet the IDP participation and completion requirements

IDP completion, including all classes and any required assessment and treatment, can result in the restoration of the IDP participant’s full driving privileges.

Additional information summarizing the overall IDP is available on the DMV public website at https://dmv.ny.gov/points-and-penalties/impaired-driver-program-idp.

1.2 SCOPE:

DMV is seeking an IDP curriculum provider to provide, at no cost to New York State DMV, a high-quality evidence-based course curriculum for use as the primary curriculum of the New York State IDP, including a course workbook, instructor training and continuing education administered by the Contractor, periodic program monitoring and reporting, and a comprehensive program effectiveness report. All course-related materials, including course workbook, training aids, reporting services, and research and reporting (as defined in the Reporting Requirements Sections of this IFB) must be provided by the Contractor.

The Contractor’s proposed course curriculum and related materials are subject to prior approval by DMV. Upon approval, the course curriculum and related materials will be designated by DMV as the sole statewide IDP curriculum and materials to be used by all IDP Course Providers instructing participants enrolled in the IDP.

1.3 SCHEDULE OF PERTINENT DATES:

This solicitation will be governed by the following action dates specified below. DMV will publish addenda to this Invitation for Bid (IFB) in the event that DMV deems it necessary to change any of the specified action dates (excepting dates specified as estimated”).

Solicitation posted: October 9, 2026 Questions Due: October 26, 2026 by 2:30 PM ET Questions Answered on or Before: November 18, 2026 Deadline for Bid Submission: December 3, 2026 by 2:30 PM ET Notification of Contract Award (estimated): January 19, 2027

1.4 TERM:

The term of the Contract to be let pursuant to this IFB will be two (2) years commencing upon final approval and execution by the NYS Office of the State Comptroller (OSC) and the Office of the New York State Attorney General (OAG). The Contract shall not be binding upon the State, or deemed to be fully executed, until it is executed by OAG and OSC. DMV reserves the right to extend the term of this Contract by amendment hereof for up to three (3) additional one (1) year terms, upon the same terms and conditions, and subject to the approval and execution of such amendment(s) by the OAG) and OSC.

1.5 BID SUBMISSION:

Bidders must complete and submit the attached “Bid Submission Checklist” (see page 24) and all items indicated on the checklist with their sealed bids on or before December 3, 2026 at 2:30 PM ET. Bid prices must be submitted using the Bid Proposal Form (attached as Attachment 3, page 26), which must be signed.

Late bids will not be considered, unless the Department elects to waive the submission deadline as provided in the section entitled, “Rejection of Bids”, below.

Bids may be sent by regular mail, or via overnight delivery, to the Designated Contact Person specified in the section entitled, “Designated Contact Person(s),” below. The outside packaging must be clearly marked, “Bid Enclosed for IFB #C001071”.

The Department will not accept bids sent by facsimile or electronic transmission.

https://dmv.ny.gov/points-and-penalties/impaired-driver-program-idp https://dmv.ny.gov/points-and-penalties/impaired-driver-program-idp

Multiple proposals from a Bidder will be permitted, however each bid must fully conform to the requirements of a bid submission. If submitting multiple bids, a Bidder must seal each bid in a separate envelope and clearly mark the outside packaging, “Bid #1 Enclosed for IFB #C001071”, Bid #2 Enclosed for IFB #C001071”, “Bid #3 Enclosed for IFB #C001071”, etc.

The Department and the State shall not be liable for the costs incurred by the Bidder in the preparation, production, submission, or delivery of a response to this IFB.

It is the Bidder’s responsibility, if desired, to verify timely receipt of the Bidder’s bid. No automatic acknowledgement will be provided. Bidders who require confirmation of DMV’s receipt of their Bids must contact the individual designated in the section entitled. “Designated Contact Person(s),” below.

1.6 BID INFORMATION AND PRICING:

Bidders must submit bids using the Bid Proposal Form attached to this IFB as Attachment 3 (page 26). Bidders must provide a price per IDP course workbook. The Contract let from this solicitation will be awarded to the lowest price qualified bidder.

Pursuant to the DMV Commissioner’s Rules and Regulations, Part 134.14(b), a fee of up to Twenty dollars ($20) can be utilized for curriculum enhancements which DMV has determined comes in the form of a course workbook fee. The sole funding mechanism for the Contract to be let from this solicitation, and the method upon which the prevailing bidder (Contractor) will be compensated for the goods and services provided hereunder is through the sale of course workbooks to IDP Course Providers for each student participating in the IDP. IDP Course Providers are required to purchase directly from the Contractor one IDP student workbook for each course participant taught by the provider, at a cost of no more than Twenty dollars ($20.00) per course workbook. Bidders must bid the proposed per-workbook cost in whole dollar amounts. The bid price shall be net and shall include all costs and expenses incident to completing the Contractor’s obligations under the Contract, including delivery. All bids must be submitted exclusive of Federal, State and local taxes. The bid price shall remain valid for the term of the Contract.

IDP Course Providers are required to provide each course participant with course workbooks on the first day of class (the first of the seven class sessions), and every student reporting to class must receive a course workbook. Contractor must implement a process that is satisfactory to DMV, which ensures the quality of the workbooks as required herein. Course workbooks are not reusable by the IDP Course Provider and are not returnable to Contractor (unless found to be defective by DMV). DMV will work with the Contractor and the IDP Course Providers to ensure accountability and proper remuneration on a per-student/per-workbook basis.

The IDP course workbooks must be developed by the Contractor, adhering to the Contractor’s course curriculum. The Contractor will pay standard shipping costs for all workbooks and materials provided under the Contract. Additional workbook information is contained in Section 2.4 of this IFB.

The Contractor shall make course materials available in English and Spanish Language.

1.7 SIGNATURES:

Bids must be signed by an individual who is duly authorized to bind the Bidder to the terms of the bid. Upon tentative award of a Contract to a successful Bidder, DMV will notify all Bidders in writing of such tentative Contract award. Such tentatively awarded Contract will be subject to final approval and execution by OAG and OSC. The Contract let from this solicitation will only be binding upon the State upon execution by OSC and the OAG.

1.8 DESIGNATED CONTACT PERSON(S):

In order to facilitate transparency in the procurement process, and pursuant to NYS Procurement Lobbying Law (State Finance Law §§139-j and 139-k), this solicitation imposes certain restrictions on communications between DMV and an offeror/bidder made during the procurement process. An offeror/bidder is restricted to communicating with designated DMV staff

(“designated contacts”), during the portion of the procurement process known as the “restricted period.” The restricted period runs from DMV’s earliest written notice of its intent to solicit offers, through final approval of the Contract by OSC. Certain statutory exceptions are provided for in State Finance Law §139-j(3)(a). Until this Contract is executed by OSC, all communications between DMV and the Contractor which relate to this procurement must be directed to Brian Pulsifer, or his alternate, Anthony Laulette, the “Designated Contact Persons”, as follows:

Brian Pulsifer Anthony Laulette Contract Management Specialist 1 Contract Management Specialist 2 NYS Department of Motor Vehicles Or his alternate: NYS Department of Motor Vehicles 6 Empire State Plaza, Room 224 6 Empire State Plaza, Room 224 Albany, NY 12228 Albany, NY 12228

(518) 474-5744 (518) 473-6013 brian.pulsifer@dmv.ny.gov anthony.laulette@dmv.ny.gov

1.9 QUESTIONS REGARDING THIS IFB:

Bidders are encouraged to submit questions if they require clarification of any portion of this IFB. Whenever possible, Bidders must reference the IFB section(s) to which each question refers. All questions regarding this IFB must be submitted in writing, by email, to the Designated Contacts above and by the dates and times provided in the section entitled, “Schedule of Pertinent Dates,” above.

On or before November 18, 2026, DMV will publish a written response to every timely received question posed by Bidders.

These responses will be posted on the New York State Contract Reporter website. Questions received after the deadline may not be answered.

It is the Bidder’s responsibility, if desired, to verify timely receipt of Bidder’s question(s). DMV will not provide automatic acknowledgement of receipt of questions. Bidders who require confirmation of DMV’s receipt of their questions must contact the individual designated above in the section entitle, “Designated Contact Person(s).”

Bidders seeking to prevent the disclosure of alleged proprietary information contained in their questions must mark such questions as "CONFIDENTIAL" and must provide a detailed justification for treating such information as confidential. DMV will review all questions submitted and reserves the right and sole discretion to make the final determination as to which questions will be treated as confidential. DMV reserves the right to rephrase questions to protect information that is deemed confidential.

PLEASE NOTE: The IFB, the New York State Finance Law, and the New York State Procurement Guidelines provide that a state agency may engage in contract negotiations with a successful bidder prior to settling on the contract terms. However, the New York State Procurement Guidelines prohibit state agencies from substantially altering the requirements or specifications set out in IFBs after a contract has been tentatively awarded. As such, the question-and-answer period offers potential bidders an opportunity to request that a substantial change be made to a requirement or specification of the IFB that will ultimately become a term of the Contract. Such opportunity will not exist at later stages of the procurement process.

1.10 BID AMENDMENT/WITHDRAWAL:

A bid may be amended or withdrawn prior to the bid opening date. A Bidder who wishes to amend or withdraw its bid, must submit the amended bid, or bid withdrawal in an envelope which is clearly marked on the outside, “Amended Bid for IFB #C001071”, or “Bid Withdrawal for IFB #C001071”, as appropriate. If the Bidder has submitted multiple bids, the Bidder must specify which bid it wishes to amend or withdraw (e.g., “Amended Bid #1 for IFB #C001071”, or “Withdrawal of Bid #2 for IFB #C001071, etc.). Any such amendment or withdrawal must contain the signature of a company representative who is duly authorized to amend or withdraw such bid on behalf of the Bidder (preferably the individual who signed the original bid).

mailto:brian.pulsifer@dmv.ny.gov mailto:anthony.laulette@dmv.ny.gov

Amended bids received after the bid opening date and time will be considered late and will be subject to the conditions outlined in the section entitled, “Rejection of Bids,” below. Bid withdrawals received after the bid opening date and time will be considered late and therefore invalid, null and void, and of no effect. Amended bids and bid withdrawals must be sent in the same manner described in the section entitled “Submission of Bids.”

DMV may revise this IFB at any time prior to the deadline for submission of bids, including in response to Bidders’ questions.

Amendments will be posted on the New York State Contract Reporter website. This IFB may only be amended by DMV.

1.11 REJECTION OF BIDS:

The Department reserves the right to reject any or all bids, in whole or in part, and to waive technicalities, irregularities, and omissions if, in its sole judgment, such action will be in the best interest of the State. In the event that there are no satisfactory bids which fully comply with the bid specifications, the Department reserves the right to consider late or non-conforming bids.

The Department will only award a Contract to a “responsible” and “responsive” Bidder (as defined and required by State Finance Law, Sections 163(1)(c) 163(9)(f)), that DMV determines to be qualified to satisfy the terms and conditions of this solicitation. The Department reserves the right and sole discretion to qualify a Bidder as responsible and responsive. Neither the Department nor the State of New York shall be liable for any costs incurred by Bidders in preparation for, or prior to approval of, an executed Contract.

1.12 BIDS SUBMISSIONS REMAIN OPEN:

DMV reserves the right to award a contract to a successful Bidder within ninety (90) days after the date of bid opening, during which period bids must remain open and cannot be withdrawn. If, however, an award is not made within the ninety (90) day period, bids shall continue to remain open until Bidder delivers written notice of the withdrawal of its bid to DMV’s Designated Contact(s). Any proposal that expressly states therein that acceptance must be made within a shorter specified time, may be accepted or rejected at the sole discretion of the Department.

1.13 CONFIDENTIALITY:

All proposals, documents and materials submitted with a bid/proposal shall become the property of DMV.

DMV will notify all bidders if and when a Contract has been tentatively awarded by DMV to the winning Bidder. Contracts let by DMV are considered to be tentatively awarded, and non-binding upon the State, until approved and executed by OSC.

DMV will not disclose anything that, if disclosed, would impair present or imminent contract awards, including documents submitted to DMV in response to this solicitation (excepting the dissemination of bidders’ questions to all bidders as described in this solicitation).

Agency records are generally available to the public upon request. However, pursuant to Public Officers Law, Section 87(2) (d), DMV may “deny access to records or portions thereof that: are trade secrets or are submitted to DMV by a commercial enterprise or derived from information obtained from a commercial enterprise and which if disclosed would cause substantial injury to the competitive position of the subject enterprise.”

In order for bidders to claim the exemption from disclosure provided by this provision of law, bidders must mark as “CONFIDENTIAL” any proprietary information contained in their proposals that they wish to protect from further disclosure or dissemination.

BY THE ACT OF SUBMITTING A PROPOSAL IN RESPONSE TO THIS SOLICITATION, BIDDERS ACKNOWLEDGE THAT (1) THE SUBMISSION OF BIDDER’S PROPOSAL SHALL BE BIDDER’S SOLE OPPORTUNITY TO CLAIM SUCH EXEMPTION FROM DISCLOSURE OR DISSEMINATION OF INFORMATION CONTAINED IN THEIR BID/PROPOSAL, AND (2) FAILURE TO MARK SUCH INFORMATION AS “CONFIDENTIAL” WILL CONSTITUTE A WAIVER OF CONFIDENTIALITY AND WILL RELEASE DMV AND THE STATE FROM ANY LIABILITY FOR DISCLOSURE OR

DISSEMINATION THEREOF.

DMV is charged with making the final determination concerning any exemption from disclosure claimed by Bidder. In addition to so marking the information, Bidder must provide DMV with a detailed written justification for classifying the information as “CONFIDENTIAL”. Undocumented and unexplained claims for exemption from disclosure or dissemination shall not be binding upon DMV or the State. A conclusory declaration that disclosure would be injurious will not suffice. Bidder must assert that disclosure of claimed proprietary information, their written justification for exemption, or any portion thereof would be injurious, and must provide sufficient detail to support their claim for exemption from disclosure or dissemination under New York’s Freedom of Information Law (“FOIL”).

Bidders acknowledge that DMV may be required to release any such information if so ordered by a court of competent jurisdiction. In such event, Bidder will be notified of the commencement of legal action to compel disclosure, and Bidder must either participate in the defense of such action or waive its claim of confidentiality. Failure to participate in the defense of such action shall be deemed a waiver of any claim of confidentiality.

1.14 ADDITIONAL RESERVED RIGHTS:

In addition to rights reserved elsewhere herein, DMV reserves the right to:

a. Reject any or all bids received in response to the IFB;

b. Withdraw the IFB at any time, at the agency’s sole discretion;

c. Make an award under the IFB in whole or in part;

d. Disqualify any bidder whose conduct and/or bid fails to conform to the requirements of the IFB;

e. Seek clarifications and revisions of bids;

f. Use proposal information obtained through site visits, management interviews and the State’s investigation of a bidder’s qualifications, experience, ability or financial standing, and any material or information submitted by the bidder in response to the agency’s request for clarifying information in the course of evaluation and/or selection under the IFB;

g. Prior to the bid opening, amend the IFB specifications to correct errors or oversights, or to supply additional information, as it becomes available;

h. Prior to the bid opening, direct bidders to submit proposal modifications addressing subsequent IFB amendments;

i. Change any of the scheduled dates;

j. Eliminate any mandatory, non-material specifications that cannot be complied with by all of the prospective bidders;

k. Waive any requirements that are not material;

l. Accept and consider for contract award bids with non-material bid deviations or non-material bid defects such as errors, technicalities, irregularities, or omissions;

m. Negotiate with the successful bidder within the scope of the IFB in the best interests of the State;

n. In the event of unsuccessful negotiations with the selected bidder, conduct contract negotiations with and/or award the contract to the next responsive and responsible bidder;

o. Utilize any and all ideas submitted in the bids/proposals received; and,

p. Require clarification at any time during the procurement process and/or require correction of arithmetic or other apparent errors for the purpose of assuring a full and complete understanding of a bidder’s bid and/or to determine a bidder’s compliance with the requirements of the solicitation.

q. Accept a newer version of any product specified in the IFB, or a comparable product to that specified, if DMV determines that so doing would be in the best interests of the State

1.15 CONTRACT AWARD:

DMV will award a contract to the bidder that provides the lowest price, has adhered to the submission requirements, and is considered qualified by the Department to meet the requirements of this IFB. DMV reserves the right to award, or not award, a contract for the item. Upon full execution of the Contract, the bidder to whom the Contract is awarded shall thereafter be referred to as the “Contractor” or “Lessor”.

The Department will send written notice to all bidders notifying them of an award of a Contract. If a bidder has been deemed “non-responsive” and/or “not responsible” (as defined by State Finance Law, Sections 163(1)(c) and (d) and 163(9)(f)) in the process of determining an award, such bidder will receive, as part of their written notice, the reason(s) why the bid or bidder was so deemed.

The Department reserves the right to not let any Contract from this solicitation.

1.16 CONTRACT NEGOTIATION:

The Bidder selected for this project will enter into contract negotiations with DMV to finalize outstanding terms and conditions of the Contract to DMV’s satisfaction. DMV reserves the right to disqualify the Bidder and to negotiate a contract with the Bidder providing the second lowest priced Bid if contract negotiations are not concluded to the satisfaction of DMV within thirty

(30) calendar days from the date of tentative award of the Contract. DMV reserves the right to conduct contract negotiations with the next qualified Bidder, should the agency be unsuccessful in negotiating with the selected Bidder.

1.17 CONFLICT OF TERMS:

The Contract let from this IFB will incorporate the terms of the following documents. Any conflicts between the terms contained in the main body of the Contract and the terms of such other documents shall be resolved in the following order of precedence, with Appendix-A being highest in order of priority:

1. Appendix-A, “Standard Clauses for New York State Contracts”;

2. Appendix-B, “Standard Clauses for all DMV Contracts”;

3. The Contract, as may be amended from time to time, including appendices;

4. Any Addenda to IFB #C001071; and

5. IFB #C001071 and Attachments 1, 2, 3, 4, 5, and 6, Appendices C, D, E, F, G, H, I, J, K, L, M, N, O, P, and Q, and

Exhibit 1.

6. Contractor’s bid in response to IFB #C001071.

1.18 REFERENCES:

Bidders must include with their bid at least three (3) references who are current or recent commercial, public service or government customers, other than the NYS DMV. Bidders must provide Business Experience and Reference Forms (annexed hereto as Attachment 4) for each reference, with their bid or no later than 2:30 PM ET on December 3, 2026. References must be current or recent customers for whom the Bidder has completed a project similar in scope to the services specified in this IFB.

Bidders may submit more than three (3) Business Experience and Reference Forms. The Department reserves the right to contact as many of the supplied references as it elects in an effort to verify information provided on the questionnaires. The Department will consider any negative reference received as a sufficient basis for rejecting the bid, even if it has already received three favorable references.

The Department reserves the right to disqualify any bidder whose reference(s) are unsatisfactory to the Department.

Unsatisfactory references include, but are not limited to, the following: a reference indicating service was inadequate, or substandard performance was provided; inability to obtain three satisfactory references within three (3) business days from trying to contact references; the supplied references are not able to attest to the Bidder's performance as specified herein; or the Department’s receipt of any information which raises reasonable concern about a Bidder’s responsibility.

1.19 REQUEST FOR DEBRIEFING:

In accordance with State Finance Law, Section 163(9)(c) DMV will upon request provide a debriefing to any Bidder that submitted a bid/proposal in response to this solicitation and was not selected for an award of contract.

A contract is deemed to be “tentatively” awarded by DMV, and not binding upon the State, until final approval and execution by OSC. Notice of DMV’s tentative award of a contract will be provided to all bidders who submit a bid/proposal in response to this solicitation. Such notice will be provided to each bidder by email to the primary contact person indicated on the “Bidder Contact Information” form, attached hereto as Attachment 2, for notification of tentative award or non-award of the Contract.

Bidders must submit a written request for debriefing to DMV’s designated contact within fifteen (15) calendar days of DMV’s notice of tentative award of a contract.

Contracts that are let pursuant to IFBs, such as this one, are awarded based on lowest price to responsive and responsible bidders.

Debriefings are not provided as a forum for unsuccessful bidders to elicit evidence of wrongdoing by DMV. Debriefings are provided for the purpose of assisting the unsuccessful bidder in becoming a more viable competitor for the provision of goods and services to the State of New York.

To fulfill that objective, the scope of debriefings shall include, but not be limited to, the following:

1. The reasons that the proposal, bid or offer submitted by the unsuccessful bidder/offerer was not selected for award;

2. The qualitative and quantitative analysis employed by the agency in assessing the relative merits of the proposals, bids or offers;

3. The application of the selection criteria to the unsuccessful bidder’s/offerer’s bid/proposal;

4. When the debriefing is held after the final award, the reasons for the selection of the winning proposal, bid or offer;

and

5. To the extent practicable, general advice and guidance to the unsuccessful bidder/offerer concerning potential ways that their future proposals, bids or offers could be more responsive.

Debriefings will also address the method employed by the Bid Evaluation team for numerically scoring the bidder’s bid/proposal.

• DMV will not release the identity of bid evaluators or their personal notes/scoring justifications.

• DMV will not discuss information concerning competitors’ bids/proposals. Such information may be accessible pursuant to New York FOIL (Public Officers Law § 89), by filing a request with DMV’s FOIL office.

• In the event that any entity provides an unsatisfactory reference for the bidder, DMV will disclose the nature of the unsatisfactory reference but will not identify the entity.

1.20 PROTEST OF CONTRACT AWARD:

BIDDERS TAKE NOTICE:

By the act of submitting a bid/proposal in response to DMV’s solicitation, bidders acknowledge that they understand and agree as follows:

1. failure to timely raise questions of law or fact or objections concerning issues known to the Bidder, prior to the termination of any Question & Answer period provided by DMV for this solicitation, shall serve as a complete waiver and bar to that Bidder raising any such question or objection in a subsequent protest or legal action concerning the award of a contract let hereunder;

2. in the event that a protesting bidder is the incumbent contractor providing goods or services that are substantially similar in purpose or function to those sought by this solicitation, and such contract has not expired by its terms upon publication of this solicitation for bids/proposals, then the term of such contract may, at DMV’s option, be extended upon the same terms and conditions for the duration of the protest or any legal action in which such contractor challenges the award of the Contract, irrespective of the outcome of any such protest or action.

After DMV has tentatively awarded the Contract to a successful bidder, an interested party* may file an initial protest of contract award with the New York State OSC’s Bureau of Contracts (BOC). An initial protest may be filed if the facts that would give rise to a protest are not known to, and could not reasonably have been known to, an interested party prior to the date by which a protest was required to be filed. An initial protest must be made, pursuant to OSC’s Regulations (Part 24 to Title 2 NYCRR), and in conformance with OSC’s “Contract Award Protest Procedure for Contract Awards Subject to The Comptroller’s Approval”, which is available at:

https://www.osc.state.ny.us/agencies/guide/MyWebHelp/Content/XI/17.htm

Pursuant thereto, an initial protest must be filed with BOC, in writing, and must contain specifically enumerated factual and/or legal allegations, setting forth the basis on which the protesting party challenges the contract award by DMV. An interested party may file an initial protest with BOC within ten (10) business days or receiving notice of the contract award which it seeks to challenge, or within (5) business days of the debriefing, whichever is later.

If the interested party is not provided with notice of the contract award, the interested party may file a protest with BOC at any time after contract award and prior to Comptroller’s final action on the Contract.

The protest to the BOC must contain specific factual and/or legal allegations setting forth the basis upon which the protesting party challenges the contract award by DMV. The protest must be filed with BOC at the following address:

Bureau Director at bidprotest@osc.state.ny.us or Bureau of Contracts

New York State Office of the State Comptroller 110 State Street, 11th Floor Albany, NY 12236

The protesting party must simultaneously deliver a copy of the protest to DMV and the successful Bidder if the protesting party does know the identity of the successful bidder and must attach to its protest an affirmation in writing as to such delivery.

If the protesting party does not know the identity of the successful bidder, the protesting party shall state so in its affirmation and the BOC shall provide the successful bidder with a copy of the protest. Any filing deadlines may be waived by the BOC in its sole discretion.

*For the purposes of this section, the term “interested party” means a participant in the procurement process, and those who can establish that their participation in the procurement process was foreclosed by the actions of DMV and have suffered harm as a result of the manner in which the procurement was conducted.

1.30 USE OF ARTIFICIAL INTELLIGENCE

Through the responsible use of Artificial Intelligence (AI), the Department can drive innovation, increase operational efficiencies, and better serve New Yorkers while protecting privacy, managing risk, and promoting accountability, safety, and equity.

The Contractor shall disclose any and all uses of AI, as defined in NYS-P24-001 or subsequent updates, that it and its subcontractors use to provide products or services to NYS DMV.

SECTION 2: GENERAL SPECIFICATIONS:

Contractor shall strictly comply with the specifications provided herein. Strict compliance with specifications shall be material to the Contract.

https://www.osc.state.ny.us/agencies/guide/MyWebHelp/Content/XI/17.htm mailto:bidprotest@osc.state.ny.us

2.1 EXPERIENCE REQUIREMENTS:

2.1.1 The Bidder or its principals (owner, partner, manager or shareholder) must have no financial or proprietary interest in a certified New York based Impaired Driver Program (IDP) Course Provider serving IDP participants at the time of bid opening and throughout the term of the Contract. This restriction includes any New York State Office of Addiction Services and Supports (OASAS) certified outpatient program or OASAS approved private practitioner serving, or capable of serving, IDP clients. Such programs and practitioners may be referred to as OASAS providers, clinical providers or assessment/treatment providers in this IFB and in common reference. For the purpose of this IFB and the ensuing Contract, an IDP Course Provider is a business that DMV certifies to deliver the New York State approved IDP course directly to the public.

2.1.2 The Bidder and its principals, including any owner, partner, manager or majority shareholder, must not have any financial or proprietary interest in an Office of Addiction Services and Supports (OASAS) credentialed Clinical Provider serving IDP participants at the time of the bid opening and throughout the term of the Contract. An IDP clinical provider is an OASAS credentialed substance abuse assessment and treatment provider serving, or capable of serving, IDP clients.

By the act of submitting a bid in response to this solicitation, the Bidder and its principals, including any owner, partner, manager or majority shareholder, acknowledges that no such financial or proprietary interest exists.

2.1.3 The Bidder must submit with their bid, proof of ownership or legal authority to use the course curriculum and course materials as required hereunder.

2.1.4 The Bidder must have at least three (3) years of verifiable experience providing the proposed curriculum, and conducting program effectiveness reporting and monitoring, in one or more states, as part of a state’s official education/prevention program for impaired driving offenders, similar in scope to the New York State Impaired Driver Program (IDP). Such experience cannot be cumulative between states; the Bidder must possess at least thirty-six (36) consecutive and uninterrupted months of experience in one state, and such experience must have must have occurred within ten years prior to the issuance of this IFB.

For the purpose of these experience requirements, the word “state” shall mean the government entity which is responsible for overseeing the state’s official statewide education/prevention program for impaired driving offenders, or the government entity that authorized the Bidder’s course for use as part of the state’s official program for impaired driving offenders. The Bidder must show that it has this experience by completing the “Business Experience and Reference Form”, at Attachment 4 hereof.

2.1.5 The Bidder must demonstrate three (3) years of experience administering an instructor training program specific to the preparation of individuals for delivering the program that is being submitted with this bid. The instructor training program must include quality assurance and fidelity principles, or an equivalent code of conduct for instructors, which is consistent with the requirements in Section 2.5.

1. The Bidder must submit with their bid, samples of the following course materials as evidence of (a) having delivered the proposed curriculum as part of another state’s official program, as well as (b) the Bidder’s capacity to deliver fully developed course materials:

a. Curriculum guide;

b. Instructor guide;

c. Participant course workbook;

d. Relevant audio/visual materials, supplemental materials, learning aids;

e. Description of initial instructor training, and continuing education program, course syllabus, and training materials;

f. Proof of ownership or licensing rights to use the proposed course curriculum, workbook and related materials.

2.1.6 The Bidder and its principals, including any owner, partner, manager or majority shareholder, must not have been convicted of a felony or crime involving violence, theft, fraud, dishonesty, deceit or moral turpitude at the time of bid opening and at any time throughout the term of the Contract. DMV reserves the right and sole discretion to treat any such conviction during the term of the Contract as a material breach of contract.

2.2 COURSE EFFECTIVENESS REQUIREMENTS:

2.2.1 The Bidder must demonstrate that the proposed course curriculum being submitted with this IFB for use in New York State is part of an effective, evidence-based program and the evidence-based research has been independently reviewed and validated in terms of its overall quality of research as described herein.

To provide evidence that it is an effective curriculum, the Bidder must describe the following in detail:

1. The Bidder’s prior use of the course curriculum, and the Bidder’s experience administering the program in the field; and

2. Whether the course curriculum has been evaluated and proven to be effective and describe the research and outcomes.

3. The Bidder must document that the course curriculum has previously been disseminated to state-level organizations as part of a state’s official DWI education/prevention program for alcohol/drug impaired driving offenders, as described in Section 2.1.5 hereof.

4. The Bidder must document that the proposed course curriculum effectiveness research has been reviewed and validated by an independent entity for quality of research, using either the criteria set forth in the U.S.

Department of Health and Human Services Substance Abuse and Mental Health Services Administration’s National Registry of Evidence-based Programs and Practices (NREPP) or an-equivalent criteria for validating quality of research that is conventionally accepted by experts in the field.

5. The Bidder must identify the independent entity that approved the proposed course curriculum’s effectiveness research, provide that entity’s contact information, and demonstrate that entity’s record of effectiveness for approving such independent research. The Bidder must also indicate the date (month/year) the effectiveness of the proposed course curriculum was independently reviewed and validated on Quality of Research.

A. Independent Review for Quality of Research Following the criteria historically used by NREPP for verifying the outcomes of evidence-based programs and practices research, or equivalent criteria at a level that is conventionally accepted by experts in the field, DMV has adopted the following criteria.

The independent reviewer must have evaluated the Quality of the Research for the intervention’s (the course’s) reported results using the following six criteria, or equivalent as conventionally accepted by experts in the field.

1) Reliability of Measures

2) Validity of Measures

3) Intervention Fidelity

4) Missing Data and Attrition

5) Potential Confounding Variables

6) Appropriateness of Analysis

B. Criteria for Rating Quality of Research The Reviewer independently evaluated the Quality of Research for an intervention's reported results using the following criteria, or equivalent criteria and rating scale. Reviewer uses a scale of 0.0 to 4.0, with 4.0 being the highest rating given.

Reviews that scored a quality rating of 2 or higher in each category may be qualified to bid on this IFB, as described herein. Higher scores indicate stronger, more compelling evidence. Each outcome is rated separately because interventions may target multiple outcomes, and the evidence supporting the different outcomes may vary.

1. Reliability of Measures Outcome measures should have acceptable reliability to be interpretable. "Acceptable" here means reliability at a level that is conventionally accepted by experts in the field.

0 = Absence of evidence of reliability or evidence that some relevant types of reliability (e.g., test-retest, interrater, interitem) did not reach acceptable levels.

2 = All relevant types of reliability have been documented to be at acceptable levels in studies by the applicant.

4 = All relevant types of reliability have been documented to be at acceptable levels in studies by independent reviewers.

2. Validity of Measures Outcome measures should have acceptable validity to be interpretable. "Acceptable" here means validity at a level that is conventionally accepted by experts in the field.

0 = Absence of evidence of measure validity, or some evidence that the measure is not valid.

2 = Measure has face validity; absence of evidence that measure is not valid.

4 = Measure has one or more acceptable forms of criterion-related validity (correlation with appropriate, validated measures or objective criteria); OR, for objective measures of response, there are procedural checks to confirm data validity; absence of evidence that measure is not valid.

3. Intervention Fidelity The "experimental" intervention implemented in a study should have fidelity to the intervention proposed by the applicant. Instruments that have tested acceptable psychometric properties (e.g., inter-rater reliability, validity as shown by positive association with outcomes) provide the highest level of evidence.

0 = Absence of evidence or only narrative evidence that the applicant or provider believes the intervention was implemented with acceptable fidelity.

2 = There is evidence of acceptable fidelity in the form of judgment(s) by experts, systematic collection of data (e.g., dosage, time spent in training, adherence to guidelines or a manual), or a fidelity measure with unspecified or unknown psychometric properties.

4 = There is evidence of acceptable fidelity from a tested fidelity instrument shown to have reliability and validity.

4. Missing Data and Attrition Study results can be biased by participant attrition and other forms of missing data. Statistical methods as supported by theory and research can be employed to control for missing data and attrition that would bias results, but studies with no attrition or missing data needing adjustment provide the strongest evidence that results are not biased.

0 = Missing data and attrition were taken into account inadequately, OR there was too much to control for bias.

2 = Missing data and attrition were taken into account by simple estimates of data and observations, or by demonstrations of similarity between remaining participants and those lost to attrition.

4 = Missing data and attrition were taken into account by more sophisticated methods that model missing data, observations, or participants, OR there were no attrition or missing data needing adjustment.

5. Potential Confounding Variables Often variables other than the intervention may account for the reported outcomes. The degree to which confounds are accounted for affects the strength of causal inference.

0 = Confounding variables or factors were as likely to account for the outcome(s) reported as were the hypothesized causes.

2 = One or more potential confounding variables or factors were not completely addressed, but the intervention appears more likely than these confounding factors to account for the outcome(s) reported.

4 = All known potential confounding variables appear to have been completely addressed in order to allow causal inference between the intervention and outcome(s) reported.

6. Appropriateness of Analysis Appropriate analysis is necessary to make an inference that an intervention caused reported outcomes.

0 = Analyses were not appropriate for inferring relationships between intervention and outcome, OR sample size was inadequate.

2 = Some analyses may not have been appropriate for inferring relationships between intervention and outcome, OR sample size may have been inadequate.

4 = Analyses were appropriate for inferring relationships between intervention and…