IFB 1195 Special Education Teacher (Reissue) FINAL.pdf

IFB 1195 Special Education Teacher for MacCormick (Reissue)

New York State Office of Children and Family Services

Division of Juvenile Justice and Opportunities for Youth (DJJOY) Bureau of Education and Transition Services

INVITATION FOR BIDS

IFB 1195

Contracted Special Education Teacher for MacCormick Secure Center (Reissue)

Issued: 5/15/2025

BID DUE DATE: 6/20/2025 by 4:00 p.m. Eastern Time

KATHY HOCHUL

Governor

DAMIA HARRIS-MADDEN, Ed.D., MBA, M.S.

Commissioner

Table of Contents

1. Introduction

1.1 Overview

1.2 Designated Contacts

1.3 Calendar of Events

1.4 IFB Questions and Clarifications

2. Bid Submission

2.1 Instructions for Bid Submission

2.2 Packaging of IFB Response

3. Specifications

3.1 Eligible Bidders

3.2 Product/Service Specifications

3.3 Delivery

3.4 Security Procedures

3.5 Warranty (if commodity purchase)

4. Administrative Information

4.1 Method of Award

4.2 Price

4.3 Term of Contract

4.4 Method of Payment

4.5 Dispute Resolution

4.6 Contractor Responsibilities

4.7 Inspection of Books

4.8 OCFS Reserved Rights

4.9 Incurred Costs

4.10 Security, Nondisclosure, and Confidentiality Agreement

4.11 Omnibus Procurement Act

4.12 Executive Orders

4.13 Minority- and Women-owned Business Enterprises (MWBE) – Equal Employment Opportunity (EEO) - Requirements & Procedures

4.14 Service-Disabled Veteran-Owned Business (SDVOB)

4.15 Anti-Kickback Act

4.16 Contractor Responsibility

4.17 Multiagency Use

4.18 Contacts with Employees

4.19 Procurement Lobbying Act

4.20 Public Officers Law

4.21 Vendor Responsibility

4.22 Workers’ Compensation Law

4.23 New York State Sales and Compensating Use Taxes

4.24 Confidentiality and Required Awardee, Contractor, Employee, and Volunteer Background Checks

4.25 Consultant Disclosure Requirements

4.26 OCFS Procedure for Handling Debriefing Requests, Formal Protests, and Appeals

4.27 Standard Contract Language

4.28 Appendix A - Standard Clauses for NYS Contracts

4.29 State Finance Law §139-l; Statement on Sexual Harassment in Bids

5. Contract Documents

1. Introduction

1.1 Overview

The New York State Office of Children and Family Services (OCFS) announces the release of this Invitation for Bids (IFB) to select one Contractor to provide one contract staff position at the OCFS operated MacCormick Secure Center, hereinafter referred to as the “Special Education Teacher”.

The Special Education Teacher will provide special education services in accordance with New York State and Federal Education Department regulations. This will include development of Individualized Education Programs (IEP’s) / 504 plans for youth and maintaining all records and files related to special education including all required paperwork for annual and tri-annual review.

Background

The requested Special Education Teacher contract staff position is located at MacCormick Secure Center. Secure residential centers are the most controlled and restrictive of the residential programs operated by OCFS, providing intensive programming for youth requiring this type of environment. The majority of youth admitted to secure facilities are sentenced as juvenile offenders or juvenile offender/youthful offenders by the adult courts. Youth in secure centers have an extensive history of delinquent behavior and involvement with the juvenile justice system that includes prior out-of-home placements.

It is expected in OCFS to hold our students to the highest academic standard.

The students within our system often have large gaps in education that require collaboration with the general education teacher and the youth’s support team.

Below is a description of the OCFS juvenile justice facility for which services are being sought:

MacCormick Secure Center is located at 300 South Road, Brooktondale, NY 14817. MacCormick serves male offenders who were sentenced in criminal court. Depending on the sentence, youth may remain in OCFS custody up to 21 years of age.

This Special Education staff position is necessary to meet OCFS mandates with New York State and Federal Education Departments.

1.2 Designated Contacts

In compliance with the Procurement Lobbying Law, from the issuance of this IFB until contractors are selected, all contacts with OCFS personnel concerning this IFB, except as otherwise specified herein, must be made via email (preferred) or hard copy mailed to:

NYS Office of Children and Family Services Attn: Bureau of Contract Management – Procurement Unit IFB 1195 Special Education Teacher for MacCormick (Reissue) 52 Washington Street, Room 202 South Rensselaer, NY 12144.

Email: funding@ocfs.ny.gov. In both cases, please reference IFB 1195.

1.3 Calendar of Events

The table below outlines the schedule for important action dates.

EVENT DATE

IFB issued 5/15/2025

Deadline for submission of offerer questions 5/30/2025

Responses to questions published (on or about) 6/6/2025

Bid due date/Bid opening date 6/20/2025 by 4:00 p.m. Eastern time

Anticipated Contract date 9/1/2025

1.4 IFB Questions and Clarifications

All questions regarding this IFB, including questions regarding the minimum qualifications and specifications, should be emailed to the designated contact identified in Section 1.2 Designated Contacts by the date and time indicated in Section 1.3 Calendar of Events. Questions submitted after the deadline indicated may not be answered. An offerer is strongly encouraged to submit questions as soon as possible. Answers to all questions of a substantive nature will be provided to all prospective offerers in the form of a question and answer document that will be posted to both the NYS Contract Reporter website (https://www.nyscr.ny.gov) and OCFS public website (https://ocfs.ny.gov/main/contracts/funding/) and will not identify the offerer asking the question.

mailto:funding@ocfs.ny.gov https://www.nyscr.ny.gov/ https://ocfs.ny.gov/main/contracts/funding/

2. Bid Submission

2.1 Instructions for Bid Submission

Only bids from offerers who furnish all required information and meet the mandatory requirements stated in Section 3 Specifications will be considered. Bidders must operate in accordance with all applicable laws, rules, and regulations.

All bids must be submitted electronically by email to funding@ocfs.ny.gov by the Bid Due Date and time set forth in Section

1.3 Calendar of Events. All bid documents must be sent as attachments as OCFS is unable to download any documents. The email subject line should include the following information: IFB 1195 Special Education Teacher for MacCormick (Reissue) and Vendor Name. If bid requires files be sent in multiple emails, indicate the email number, e.g., 1 of 2. No facsimile or hard copy bids will be accepted. Bid submissions for this procurement should only contain bid proposals for this specific funding opportunity and bidders should submit only one bid proposal per submission email.

Bid proposals must be attached to the email in a manner that results in the electronic document(s) being transmitted with the email. The bid proposal must be received by OCFS secure email servers to be considered properly received. Clickable links to download the bid proposal and/or the use of third-party file hosting services are not permissible as the bidder’s email submission is not transmitting the electronic document(s) of the bid proposal to OCFS.

Email delivery or read receipts are recommended. OCFS will provide a confirmation email that the bid has been received including the number of attachments. Bidders are responsible for contacting OCFS prior to the deadline if confirmation has not been received.

Electronic bids must contain the information and bid submission formats and forms requested herein, or attached hereto, under the terms and conditions of this solicitation. Bids that cannot be read, require a password (locked), or are incomplete, or that contain any omissions, erasures, alterations, additions or items not required by the IFB, or that contain irregularities of any kind may be rejected. All costs associated with the preparation of a bid are the responsibility of the Bidders and cannot be charged to OCFS. Bidders may modify, in writing, the content of any bid at any time prior to the bid due date and time, however a complete re-submission of all bid documents is required. OCFS will not substitute sections of a bid. The email should state previous bid(s) submitted are withdrawn. If this is not clear in the email, OCFS will only consider the latest bid submitted for award. Bids may be withdrawn or canceled before the bid due date and time.

mailto:RFP@ocfs.ny.gov

Contractors may not begin to provide services prior to the contract start date;

OCFS has no obligation to pay for services prior to that time. Payments cannot be made prior to the formal execution of a contract.

Offerers assume all risks for timely, properly submitted electronic bids.

LATE BIDS MAY BE REJECTED

Any bid, or portion of a bid if bid is submitted in multiple emails, that is received at the funding@ocfs.ny.gov email after the Bid Due Date & Time in Section

1.3 Calendar of Events will be considered a late bid. A late bid may be rejected and disqualified from award. However, a late bid may be accepted in the Commissioner’s sole discretion when:

(i) no timely bids meeting the requirements of the solicitation are received; or

(ii) the offerer has demonstrated to the satisfaction of the Commissioner that the late bid was caused solely by factors outside the control of the offerer.

Note: The Commissioner is under no obligation to accept a late bid.

The basis for any determination to accept a late bid shall be documented in the procurement record.

FIRM OFFER

Bids must remain an effective offer, firm and irrevocable, for at least 180 calendar days from the due date, unless the time for awarding the contract is extended by mutual consent of OCFS and the offerer. A bid shall continue to remain an effective offer, firm and irrevocable, subsequent to the 180 calendar-day period until either tentative award of the contract(s), withdrawal of the procurement, or withdrawal of the bid in writing by the offerer.

OWNERSHIP OF IFB AND BIDS

This IFB remains the property of the State at all times, and all responses to this IFB, once delivered, become the property of the State.

2.2 Packaging of IFB Response

Required Contents of Bid Proposal

Please be aware that although bids must be submitted electronically, any required bid proposal document that requires a notarization must be obtained by the bidder and a copy of the notarized form submitted with the bid. The original hardcopy signature page must be kept by the bidder. If applicable, a mailto:RFP@ocfs.ny.gov hardcopy version of the notarized document must be supplied during the contract development stage by selected awardees if requested by OCFS.

All bid proposals must include the following:

• OCFS-0910, Request for Bid Form and Bid Sheet Attachment

• Attachment 1 – Bidder’s Certified Statements

Attachments to this announcement are also available for download from The New York State Contract Reporter website at https://www.nyscr.ny.gov or the OCFS website at https://ocfs.ny.gov/main/contracts/funding/.

The following documents should also be completed and provided in the bid, otherwise they will be required during the contract development process:

• OCFS-2633, MacBride Fair Employment Principles Certification Form

• OCFS-2634, Non-Collusive Bidding Certification (Required by section

139d of State Finance Law).

• Vendor Responsibility Questionnaire (or proof of online VendRep certification. See Section 4.21 for more information)

• OCFS-2647, EO 177 Certification (See Section 4.12 for more information)

• OCFS-4821, CMS User Authorization

• OCFS-4822, Procurement Lobbying Act – Offerer Certification Form

• OCFS-4715, Confidentiality Non-Disclosure Agreement

• OCFS-4716, Contractor Employee and Volunteer Background Certification

For complete proposal and contract requirements for the Minority- and Women-owned Business Enterprises (MWBE) and Equal Employment Opportunity (EEO) requirements, refer to Section 4.13.

General Proposal Appearance

Bid proposal emails may be submitted containing either one singular document or multiple document attachments. Document file names are encouraged to be logical and make the attachment(s) easily identifiable. Please ensure all document attachments provided via email are complete, correct, viewable, and comply with the requirements of the IFB. Bidders must not upload password protected documents or secured documents. Documents that are incomplete or cannot be viewed may result in disqualification. Ensure all passwords are removed prior to submitting your bid proposal.

The fonts and margins used in the bid proposal should be reasonable. Twelve-point text using Arial, Times New Roman, or Calibri fonts are considered acceptable. Standard one-inch margins are recommended. It is permissible to use headers, footers, and page numbers inside the margins.

https://www.nyscr.ny.gov/ https://ocfs.ny.gov/main/contracts/funding/ https://ocfs.ny.gov/main/Forms/Contracts/OCFS-2633.dotx https://ocfs.ny.gov/main/Forms/Contracts/OCFS-2634.dotx https://www.nysenate.gov/legislation/laws/STF/139-D https://www.nysenate.gov/legislation/laws/STF/139-D https://www.osc.state.ny.us/state-vendors/vendrep/vendor-responsibility-forms https://ocfs.ny.gov/main/Forms/Contracts/OCFS-2647.docx https://ocfs.ny.gov/forms/omtv/OCFS-4821.docx https://ocfs.ny.gov/main/Forms/Contracts/OCFS-4822%20Procurement%20Lobbying%20Act%20-%20Offerer%20Certification%20Form.doc https://ocfs.ny.gov/forms/ocfs/OCFS-4715.pdf https://ocfs.ny.gov/main/Forms/Contracts/OCFS-4716%20Contractor%20Employee%20Background%20Certification.dot

Please refer to Section 2.1 Instructions for Bid Submission and Section 1.3 Calendar of Events.

Documents Required After Bid Submission

During contract negotiations, awarded offerers will be required to complete the following additional forms:

• OCFS-4631, MWBE Utilization Plan Form

• SDVOB-100, SDVOB Utilization Plan

• OCFS-4629, Project Staffing Plan Form

• OCFS-3460, MWBE Equal Employment Opportunity (EEO) Policy

Statement Form

• AC 3271-S, State Consultant Services – Contractor’s Planned

Employment (Form A)

• ST-220-TD, Contractor Certification

• ST-220-CA, Contractor Certification to Covered Agency

• Proof of workers’ compensation and disability benefits coverage or

Certificate of Attestation of Exemption from New York State Workers’ Compensation Board and/or disability benefits coverage

3. Specifications

Failure to meet the minimum requirements outlined in Section 3.1 may result in a bid being found non-responsive and eliminated from consideration.

3.1 Eligible Bidders

All bids must be for a candidate that satisfies the requirements noted in Sections 3.2 through 3.4 and throughout this IFB. Bids may be submitted by an individual proposing themselves as a Special Education Teacher, or by an organization. If bidding as an organization, the individual designated to serve as the Special Education Teacher is not required to be named in your bid submission.

The Bidder must agree to meet the following mandatory requirements:

• The Special Education Teacher must commit to a 37.5-hour work week for the duration of the contract (Section 4.3 Term of Contract). The Special Education Teacher will not work on days in which New York State offices are closed. Refer to Section 3.3 Delivery for additional information.

• The Special Education Teacher agrees to provide in-person services for the full duration of the contract to provide continuity of care for the youth in OCFS facilities. This is anticipated to be a five (5) year obligation.

https://ocfs.ny.gov/main/Forms/Contracts/OCFS-4631%20M-WBE%20Utilization%20Plan%20Form.dot https://ogs.ny.gov/sdvob-100-utilization-plan https://ocfs.ny.gov/forms/ocfs/OCFS-4629.docx https://ocfs.ny.gov/main/Forms/Contracts/OCFS-3460.docx https://ocfs.ny.gov/main/Forms/Contracts/OCFS-3460.docx https://ocfs.ny.gov/forms/ocfs/OCFS-3271.pdf https://ocfs.ny.gov/forms/ocfs/OCFS-3271.pdf https://www.tax.ny.gov/pdf/current_forms/st/st220td_fill_in.pdf https://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf https://www.wcb.ny.gov/content/main/Employers/lp_workers-compensation.jsp https://www.wcb.ny.gov/content/main/DisabilityBenefits/lp_disability-benefits.jsp

• The Special Education Teacher must agree to participate in an interview with OCFS DJJOY facility and program staff to verify the proposed candidate understands and agrees to fulfill the needs of the position. Said approval from OCFS shall not be unreasonably withheld.

• The Special Education Teacher must possess the following educational and experience requirements:

o NYS Special Education Teacher certification that will allow teacher to satisfy the requirements to provide special education services to students in grades 7-12 (ex. Certified for special education K-12 or certified for special education grades 7-12) o Bachelor’s Degree (or higher) in Special Education o At least 1-3 years of experience* as special education teacher o Legally authorized to work in the United States

Due to the nature of the requested services, locum tenen vendors and temporary staffing agencies are not eligible to bid on this procurement.

3.2 Product/Service Specifications

Duties of the Special Education Teacher position:

The Special Education Teacher will provide special education services in accordance with New York State and Federal Education Department regulations. This will include:

1. Provides the continuum of services according to each student’s

Individualized Education Program (IEP).

2. Provides any and all modifications as outlined in students’ 504 plans, which are plans for a student to receive needed accommodations.

3. Provides classroom support for the other educators in the classroom as required by the student’s IEP’s/504 plans.

4. Maintains all appropriate logs.

5. Maintains Consultant Log for each assigned student with an IEP.

6. Create referrals, as needed, for all Committee on Special Education (CSE) meetings, Functional Behavior Assessments (FBA’s), Behavior Intervention Plans (BIP’s) or Initial Referral for CSE meetings, and other referrals requiring special education input.

7. Prepares rough draft of all assigned student IEP’s/504 plans prior to the Committee on Special Education (CSE) meetings using information from teachers, staff, parents, legal guardians, students, documented educational history and direct observations.

8. Actively participate in each Committee on Special Education meeting, providing data while also facilitation aspects of the meeting, as needed.

9. Development of qualitative, in-depth, and accurate IEPs/504 plans (a plan for a child to receive needed accommodations) for youth.

10. Maintain all records and files related to special education including all required paperwork for annual and tri-annual review.

11. Time management, organization and management of materials, equipment, paperwork, and schedules.

12. Responsible for parent communication and parent education opportunities for students with disabilities, which builds a partnership between parent-school and supports generalization of student's skills across settings.

*Candidate should demonstrate the following abilities:

• Working as part of an educational team to develop and maintain evidence-based classroom systems and multi-tiered positive behavior systems to promote a strong classroom learning environment and classroom management.

• Good time management skills, organization and management of materials, equipment, paperwork, and schedules.

• Prepares, delivers, and assesses individual and group instruction on a daily basis. Responsible for developing, training, and assessing student IEP goals and objectives.

• Utilizes behavioral supports and classroom management skills to positively affect student learning and skills development.

• Works to build a successful classroom team that actively addresses student learning, communication, social skills, and behavioral needs. Provides direct supervision to all Teachers' Aides.

• Building rapport - Responsible for parent communication and parent education opportunities for students with disabilities, which builds a partnership between parent-school and supports generalization of student's skills across settings.

• Actively participates in meetings, providing data and support as needed.

• Timely development of qualitative, in-depth, and accurate IEP’s/504 plans for youth.

The Special Education Teacher (whether it be an individual bidding or an organization bidding) must possess the following, proof of which must be provided within 21 days of tentative award, with the exception of Clearance from the New York State OCFS State Central Registry. (The request for clearance must be submitted as soon as it is feasible to do so and approval must be obtained no later than the Special Education Teacher start date.):

o Clearance from the New York State OCFS State Central Registry o A resume that documents, at a minimum, the required experience above, to include all positions held during the last five (5) years o Proof of certification, degree and educational requirements o Three (3) professional references for the individual bidding on this opportunity, or the Special Education Teacher being named by the bidding organization. One reference must have been received for services performed within the past twelve (12) months. These references must be able to verify that the Special Education Teacher has the capacity, written and oral communication skills, and the facilitation skills to manage this initiative.

For instances where an organization is bidding on this opportunity, the proposed Special Education Teacher must be identified by the successful bidder within 21 days of tentative award. Failure to provide documentation for these minimum qualifications within 21 days of award will result in the bidder being found non-responsive and eliminated from consideration.

Applicants may not subcontract any components of the scope of work.

3.3 Delivery

The Special Education Teacher work location will be at MacCormick Secure Center, 300 South Rd, Brooktondale, NY 14817. The Special Education Teacher will be assigned 37.5 hours per week Monday - Friday for the duration of the contract. The position will require 184 regular school days and the option to work up to 35 days during the summer.

3.4 Security Procedures

Please note that the delivery location has security policies that must be followed. For example, the Special Education Teacher will not be allowed to bring a cell phone into the facility. In addition, there are limitations as to other items that could be brought in. Please see Attachment 2 – Staff Allowable Items and Attachment 3 – Facility Contraband Items. The contractor will work with OCFS to obtain necessary clearances. The contractor may be required to provide information such as, but not limited to, the company name (if applicable), the employee’s name (as it appears on ID), valid driver license number, vehicle make, model and license plate, etc. to gain access to the service delivery location. The contractor is expected to follow all facility policies.

3.5 Warranty (if commodity purchase)

Not Applicable

4. Administrative Information

4.1 Method of Award

An award shall be made to the responsive and responsible offeror that results in the lowest hourly rate for the Special Education Teacher that meets all specifications contained in this IFB. This award will also be contingent upon satisfactory reference checks that verify the bidder’s minimum qualifications.

OCFS reserves the right to interview the tentatively awarded individual candidate or candidate(s) named by the bidding organization to ensure they understand the needs and special nature of the position and are able to fulfill the scope of work. OCFS may reject the candidate(s) if it is deemed to be in the best interest of the facility. If a tentatively awarded responder is unable to satisfy the requirements of this IFB within allowable timeframes, OCFS may proceed down the award list to the next lowest bidder.

NOTE: In the event of a tie bid between two (2) or more offerors, the offeror whose proposal is received first at the email address indicated in Section 2.1 will be considered the lowest bidder. If there is still a tie, the decision as to the winning bid will be made by the commissioner or agency head, and the basis for determining the award shall be documented in the procurement record in accordance with the State Finance Law §163(10)(a).

4.2 Price

The hourly bid rate (price) must include any and all costs associated with providing and delivering the services as specified, including a minimum hourly salary paid to the Special Education Teacher that equates to at least $70,750 for the first contract year based on 1,380 hours, plus fringe, applicable employer paid payroll taxes and insurances, applicable licenses, insurance, administrative, and all ancillary costs, including all administrative costs associated with locating, hiring and providing staff person to fulfill the Special Education Teacher position for OCFS, if applicable.

The base salary of this position must have an annual cost of living adjustment (COLA) increase in subsequent years of the contract by adding to such base salary an amount obtained by multiplying the base salary being paid to this position by two (2) percent. The cost of living adjustment is reflected on the OCFS-0910 Request for Bid Form – Bid Sheet Attachment. The hourly rate paid to the contracted vendor in subsequent years of the contract will automatically increase to accommodate the COLAs.

Travel expense reimbursement will be paid to the Contractor only where OCFS has authorized such travel in advance. The only anticipated travel would be for training at another DJJOY facility, other designated sites and OCFS home office in Rensselaer, NY. OCFS will limit such reimbursement to the following unless written authorization to exceed the specified limits, or to include other items of expense, is obtained in advance:

1. To the extent permissible under New York State Law, OCFS will pay travel and meals while traveling out of town on business relating to services provided in accordance with the Agreement resulting from this IFB. Travel expense reimbursement will be paid in accordance with guidelines established by the Office of the State Comptroller.

(See Office of the State Comptroller Travel Manual, which is available for public download at http://www.osc.state.ny.us/agencies/travel/manual.pdf.) For current per diem reimbursement rates only, visit the GSA Domestic Per Diem Page (currently available at https://www.gsa.gov/travel?topnav=travel), as such rates may be amended from time to time. Air travel will be reimbursed at coach rates.

2. Reimbursement for pre-approved travel expenses will be made upon submission of appropriate invoices accompanied by copies of receipts for individual expenses.

For the purpose of this IFB, travel expenses will not exceed $1,500 per contract year. Offeror is not to include travel expenses in their bid price. Travel expenses are already reflected on the OCFS-0910 Request for Bid Form – Bid Sheet Attachment.

Note: Travel will be in compliance with the United States Department of Labor Fair Labor Standards Act of 1938 as Amended (FLSA). OCFS will not reimburse for travel to and from the Delivery site specified in Section 3.3 of this

IFB.

4.3 Term of Contract

It is the intention of the State to award a single contract to the awarded offerer.

The contract will commence on or about the contract date as stated in Section

1.3 and will continue for a period of 5 years. The resulting contract is subject to approval by the New York State Department of Civil Service (DCS) (if applicable), New York State Office of the Attorney General (OAG), and the New http://www.osc.state.ny.us/agencies/travel/manual.pdf https://www.gsa.gov/travel?topnav=travel

York State Office of the State Comptroller (OSC). Contractors may not begin to provide services before the contract start date; OCFS has no obligation to pay for services rendered before that time. Payments cannot be made before the formal execution of a contract. A copy of the terms and conditions of the contract are referenced in Section 4.27.

4.4 Method of Payment

Payments will be processed monthly following the completion of services and upon submittal of required documentation for services performed and/or a signed claim for payment form, as directed by OCFS in Appendix C-1 of the resulting contract.

4.5 Dispute Resolution

It is OCFS’s policy to provide vendors with an opportunity to administratively resolve disputes, complaints, or inquiries related to bid solicitations, contract awards, and contract administration. OCFS encourages vendors to seek resolution of disputes informally, through consultation with staff, before commencing a formal dispute process. All such matters will be accorded impartial and timely consideration. See Section 4.26 for additional information.

4.6 Contractor Responsibilities

The contractor shall be solely responsible for all compliance with terms and conditions in this IFB or any resulting contract. The contractor may not engage a subcontractor or dealer, distributor, reseller, or any other party to carry out any part of this contract without the prior written consent of OCFS. The contractor accepts full responsibility for the actions of any employee who carries out any of the provisions of any contract resulting from this IFB.

4.7 Inspection of Books

It is expressly understood and agreed OCFS and OSC shall have the right to inspect and audit the contractor’s records covered under this agreement, in accordance with his/her statutory responsibility to examine the books and accounts of every agency. OSC requires, and the contractor agrees to, the retention of all material pertinent to an audit of the operations under any purchase order resulting from this IFB for a full three-year period or contract resulting from this IFB for a full six-year period.

4.8 OCFS Reserved Rights

OCFS reserves the right to:

1. place a monetary cap on the funding amount made in each contract award;

2. change any of the schedule dates stated in this IFB;

3. reject any or all proposals received in response to the IFB;

4. withdraw the IFB at any time at the agency’s sole discretion;

5. make an award under the IFB in whole or in part;

6. disqualify any offerer whose conduct and/or proposal fails to conform to the IFB’s requirements;

7. reject any proposal if, in the sole discretion of OCFS, it determines the offerer is not a responsible vendor;

8. seek clarification and revisions of proposals. Ask offerers to present supplemental information clarifying their proposals either in writing or by formal presentation. New information is not permitted;

9. require that offerers demonstrate, to the satisfaction of OCFS, any feature(s) present as a part of their proposal that may include an oral presentation of their proposal and may be considered in the evaluation of the proposal;

10. before opening bids, amend any part of this IFB with notification to all offerers, and direct all offerers to prepare modifications addressing IFB amendments, if necessary. Expenses incurred in the preparation of any proposals or modifications submitted in response to this IFB are the sole responsibility of the offerer or other party and will not be incurred by OCFS;

11. make funding decisions that maximize compliance with and address the outcomes identified in this IFB;

12. fund only one portion, or selected activities, of the selected offerer’s proposal and/or adopt all or part of the selected offerer’s proposal based on federal and state requirements;

13. eliminate any IFB requirements that cannot be met by all prospective offerers upon notice to all parties that submitted proposals;

14. waive procedural technicalities or modify minor irregularities in proposals received after notification to the offerer involved;

15. correct any arithmetic errors in any proposal or make typographical corrections to proposals with the concurrence of the offerer;

16. negotiate with the selected offerer(s) before contract award;

17. conduct contract negotiations or award a contract to the next highest offerer if contract negotiations with the selected offerer(s) cannot be accomplished within an acceptable time frame. No offerer will have any rights against OCFS arising from such actions;

18. award contracts to more than one offerer or to other than the lowest offerer;

19. require that all proposals be held valid for a minimum of 180 days from the closing date for receipt of proposals, unless otherwise expressly provided for in writing;

20. fund any or all the proposals received in response to this IFB. However, issuance of this IFB does not commit OCFS to fund any proposals. OCFS can reject any proposals submitted and reserves the right to withdraw or postpone this IFB without notice and without liability to any offerer or other party for expenses incurred in the preparation of any proposals submitted in response to this IFB and may exercise these rights at any time;

21. use the proposal submitted in response to this IFB as part of an approved contract. At the time of contract development, awardees may be asked to provide additional budget and program information for the final contract;

22. use any or all ideas submitted in the proposals received;

23. 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 an offerer’s proposal and/or to determine an offerer’s compliance with the requirements of the solicitation;

24. make additional awards based on the remaining proposals submitted in response to this IFB and/or provide additional funding to awardees if such funds become available;

25. make inquiries of third parties, including but not limited to offerers references regarding the applicants’ experience or other matters deemed relevant to the proposal by OCFS. By submitting a proposal in response to this IFB, the applicant gives its consent to any inquiry made by OCFS;

26. require contractors to participate in a formal evaluation of the program to be developed by OCFS. Contractors may be required to collect data for these purposes. The evaluation design will maintain confidentiality of participants and recognize practical constraints of collecting this kind of information;

27. consider statewide distribution and regional distribution within New York City, including borough distribution methodology, in evaluating proposals;

28. rescind awards for failure of awardees to meet required time frames for contract development and/or signature;

29. cancel this IFB, in whole or in part, at any time and to reject any or all bids when appropriate in the best interests of the State;

30. 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; and

31. reject any extraneous terms, alternate activities/work to be performed, added conditions, or exceptions stated by applicants within their proposal(s). This includes, but is not limited to, proposed changes to the standard terms and conditions of the resulting contract(s).

4.9 Incurred Costs

The State of New York shall not be liable for any costs incurred by an offerer in the preparation and production of a proposal or for the contractor’s participation in any pre-contract award activity. The State of New York shall not be liable for any cost incurred by the contractor in preparation for or before the approval of an executed contract by the OSC.

4.10 Security, Nondisclosure, and Confidentiality Agreement

The content of each offerer’s proposal will be held in strict confidence by the State during the bid evaluation process and will not be disclosed except to the evaluation panels, and to the New York State Office of the Attorney General and OSC, as may be necessary, to obtain their approvals for the final contract, and except as required by law. The successful offerer’s proposal and a copy of the specifications will be made a part of the contract.

Public inspection of a proposal is regulated by the Freedom of Information Law (Article 6 of the New York Public Officer’s Law, or FOIL). Proposals are presumptively available for public inspection. If this would be unacceptable to https://dos.ny.gov/coog/foil2.html offerers, they should apply to the New York State Division of Budget (DOB) for trade secret protection for their bid.

Confidential, trade secret, or proprietary materials as defined by the laws of the State of New York must be clearly marked and identified upon submission by the offerer. Marking the bid as “confidential” or “proprietary” on its face or in the document header or footer is not sufficient without specific justification as to why disclosure of particular information in the bid would cause substantial injury to the competitive position of the offerer.

Offerers/contractors intending to seek an exemption from disclosure of these materials under the FOIL must request the exemption in writing, explaining the reasons for the claimed exemption. Acceptance of the claimed materials does not constitute a determination on the exemption request, which will be made in accordance with statutory procedures.

The Public Officers’ Code of Ethics (Section 74 of the Public Officers Law) sets the standard that no officer or employee of a state agency shall disclose confidential information he/she acquires during his/her official duties. These standards control the confidentiality of an offerer’s proposal unless DOB grants a petition for records access in accordance with FOIL.

Offerers should be advised the confidentiality of their proposals is founded upon statute, as described above. A nondisclosure agreement, whether prescribed by DOB or the offerer, would not alter the rights and responsibilities of either party under FOIL. Offerers should not propose a nondisclosure agreement for DOB employees, as that is legally ineffective to alter any responsibility under FOIL or the Code of Ethics.

The provisions of FOIL will also govern the confidentiality of all products or services supplied by the successful offerer.

Please see Content of Proposals for the Confidentiality Non-Disclosure Agreement (OCFS-4715), which each contractor or subcontractor, employee of a contractor or subcontractor, and volunteer with a contractor or subcontractor is required to sign.

4.11 Omnibus Procurement Act

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 (MWBE) and SDVOB as offerers, subcontractors, and suppliers on its procurement contracts.

https://legethics.ny.gov/public-officers-law-section-74-code-ethics

Information on the availability of New York State-certified subcontractors and suppliers is available on the internet at Empire State Development (ny.gov) and Office of General Services (ny.gov).

For additional information and assistance, contact:

New York State Department of Economic Development Division for Small Business Albany, New York 12245 Telephone: 518-292-5100 Fax: 518-292-5884 Email: opa@esd.ny.gov

Directories of New York State-certified MWBE/SDVOB are available from:

New York State Department of Economic Development Division of Minority and Women's Business Development 633 Third Avenue New York, New York 10017 Telephone: 212-803-2414 Email: mwbecertification@esd.ny.gov https://ny.newnycontracts.com

Division of Service-Disabled Veterans’ Business Development 32nd Floor, Corning Tower Empire State Plaza Albany, New York 12242 Telephone: 518-474-2015 Email: VeteransDevelopment@ogs.ny.gov https://sdves.ogs.ny.gov/business-search

NOTE: Companies requesting lists of potential subcontractors and suppliers are encouraged to utilize the National Institute of Governmental Purchasing (NIGP), North American Industry Classification System (NAICS), and Standard Industrial Classification (SIC) to identify the codes, size, and location of vendors and services to assist in searches of the NYSCS and OGS directories.

The Omnibus Procurement Act of 1992 requires that by signing a bid proposal, contractors certify that whenever the total offer amount is greater than $1 million:

1. the contractor has made reasonable efforts to encourage the participation of New York State business enterprises as suppliers and subcontractors on this project and has retained the documentation of these efforts to be provided upon request to the State;

https://ny.newnycontracts.com/ https://online.ogs.ny.gov/SDVOB/search mailto:opa@esd.ny.gov mailto:mwbecertification@esd.ny.gov https://ny.newnycontracts.com/ mailto:VeteransDevelopment@ogs.ny.gov https://www.thruway.ny.gov/business/purchasing/nigp/index.html https://www.thruway.ny.gov/business/purchasing/nigp/index.html https://www.naics.com/search/ https://siccode.com/sic-code-lookup-directory https://siccode.com/sic-code-lookup-directory

2. the contractor has documented their efforts to encourage the participation of New York State business enterprises as suppliers and subcontractors by showing that they have done the following:

• Solicited offers, in a timely and adequate manner, from NYS Empire

State Development (ESD) business enterprises, including certified MWBE; or

• Contacted ESD to obtain listings of NYS business enterprises and MWBE; or

• Placed notices for subcontractors and suppliers in newspapers, journals or other trade publications distributed in New York State; or

• Participated in offerer outreach conferences.

If the contractor determines NYS business enterprises are not available to participate on the contract as subcontractors or suppliers, the contractor shall provide a statement indicating the method used to determine this.

If the contractor does not intend to use subcontractors, the contractor shall provide a statement verifying such.

3. the contractor has complied with the federal Equal Opportunity Act of 1972 (P.L. 92-961), as amended;

4. the contractor will be required to notify New York State residents of employment opportunities through listing any such positions with the Community Services Division of the New York State Department of Labor, providing for such notification in a manner consistent with existing collective bargaining contracts or agreements. The agency agrees to document these efforts and to provide said documentation to OCFS upon request;

5. offerers located in a foreign country are notified that the State may assign or otherwise transfer offset credits to third parties located in New York State, and the offerers shall be obligated to cooperate with the State in all respects in making such assignment or transfer, including, but not limited to, executing all documents deemed by the State to be necessary or desirable to effectuate such assignment or transfer, and using their best efforts to obtain the recognition and accession to such assignment or transfer by any applicable foreign government; and

6. offerers are hereby notified that State agencies and authorities are prohibited from entering into contracts with businesses whose principal place of business is in a “discriminatory jurisdiction.” This is defined as a state or political subdivision that employs a preference or price distorting mechanism to the detriment of or otherwise discriminates against a New York State business enterprise in the procurement of commodities and services by the same or a non-governmental entity influenced by the same.

A list of discriminatory jurisdictions is maintained by the Commissioner of New York State Empire State Development.

4.12 Executive Orders

Executive Order No. 14, dated February 27, 2022, requires State agencies to terminate any contracts and to refrain from entering into any new contracts with an institution or company determined to be a Russian or Russia supporting entity.

Executive Order No. 16, dated March 17, 2022, requires State agencies to refrain from entering into any new contract or renewing any existing contract with an entity conducting business operations in Russia.

Executive Orders 14 and 16 include the following definitions:

o “Russian entity” means an institution or company headquartered in Russia or has its principal place of business in Russia.

o “Supporting entity” means any institution or company providing assistance to the Russian government in its campaign to invade the sovereign country of Ukraine, either through in-kind support or for-profit.

o “Entity conducting business operations in Russia” means an institution or company, wherever located, conducting any commercial activity in Russia or transacting business with the Russian Government or with commercial entities headquartered in Russia or with their principal place of business in Russia in the form of contracting, sales, purchasing, investment, or any business partnership.

By submission of a response to this solicitation the offerer certifies the offerer:

a. is not a Russian or Russia supporting entity, as those terms are defined in the Executive Order No. 14 (dated February 27, 2022).

b. is not an entity conducting business operations in Russia, as those terms are defined in the Executive Order No. No. 16 (dated March 17, 2022).

Executive Order 177, dated February 3, 2018, directs New York State agencies and authorities not to enter into any contracts with entities that have institutional policies or practices that fail to address the harassment and discrimination of individuals on the basis of their age, race, creed, color, national origin, sex, sexual orientation, gender identity, disability, marital status, military status, or other protected basis. The contractor must provide the EO 177 certification statement before any award being made by OCFS.

4.13 Minority- and Women-owned Business Enterprises (MWBE) – Equal Employment Opportunity (EEO) - Requirements & Procedures

This section outlines contractor requirements and procedures for business participation opportunities for New York State-certified MWBE, and Equal Employment Opportunities (EEO) for minority group members and women. All forms can be found here.

4.13.1 New York State Executive Law (Article 15-A)

Pursuant to New York State Executive Law Article 15-A and Parts 140-145 of Title 5 of the New York Codes, Rules, and Regulations OCFS promotes opportunities for the maximum feasible participation of New York State-certified MWBE and the employment of minority group members and women in the performance of OCFS contracts. OCFS has established its overall agency goal of 30% MWBE participation, 15% for New York State-certified Minority-owned Business Enterprises and 15% for New York State-certified Women-owned Business Enterprises. OCFS supports the establishment of partnerships with MWBE. Such partnerships may include utilizing certified MWBE as subcontractors, suppliers, protégés, or in other supporting roles to the maximum extent practicable and consistent with the legal requirements of the State Finance Law and Executive Law Article 15- A. Certified MWBE may be readily identified through the directory of NYS certified MWBE at https://ny.newnycontracts.com.

4.13.2 MWBE Business Participation Opportunities – OCFS-Established

Goals

OCFS strongly encourages MWBE participation. A contractor on any contract resulting from this procurement is encouraged to provide opportunities for meaningful participation by MWBE as subcontractors and suppliers for expenses incurred during the contract term whenever possible.

The directory of MWBE can be viewed at: https://ny.newnycontracts.com.

4.13.3 Contract Compliance

In accordance with 5 NYCRR § 142.13, the respondent further acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in a contract resulting from this IFB, such finding constitutes a breach of contract and OCFS may withhold payment as liquidated damages.

Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums identified for payment to MWBE had the contractor achieved the contractual MWBE goals; and (2) all sums actually paid to MWBE for work performed or materials supplied under the contract.

https://ocfs.ny.gov/main/documents/docs.asp?document_type=1&category_number=44 https://www.nysenate.gov/legislation/laws/EXC/A15-A

By submitting a bid or proposal, the respondent agrees to demonstrate its good faith efforts to achieve the applicable MWBE participation goals by submitting evidence thereof through the New York State Contract System (NYSCS), which can be accessed at https://ny.newnycontracts.com, provided, however, that a respondent may arrange to provide such evidence via a nonelectronic method by contacting OCFS.

Additionally, a respondent will be required to submit the following documents and information as evidence of compliance with the foregoing:

A. An MWBE Utilization Plan must be completed in the NYSCS within 20 days of receipt of Award Letter notification. Contracts will not be executed until the MWBE Utilization Plan has been approved in NYSCS.

OCFS will review the submitted MWBE Utilization Plan and advise the respondent of OCFS acceptance or issue a notice of deficiency within 30 days of receipt.

B. If a notice of deficiency is issued, the respondent will be required to respond within seven business days of receipt by submitting to OCFS a written remedy in response to the notice of deficiency to contractcompliance@ocfs.ny.gov. If the written remedy that is submitted is not timely or is found by OCFS to be inadequate, OCFS shall notify the respondent and direct the respondent to submit, within five business days, a request for a partial or total waiver of MWBE participation goals.

Failure to file the waiver form in a timely manner may be grounds…