Post to NYSCR-Questions & Responses _1 RFP 4627-902.pdf

SUNY Delhi RFP 4627-902 Questions

1. We noticed a discrepancy between the documents. Section 9.1, Item 7 of the PDF requests one flash drive, while Attachment 10 in the Excel file requests two flash drives. Which requirement should we follow?

a.

b.

8/10/26, 1:01 PM

1/3

Answers are supplied following the images.

2. We noticed a discrepancy between the attachment numbers and the worksheet labels in the Excel file. For example, Attachment 9 is labeled as Attachment 11. Could you verify that we are working from the correct Excel files?

a.

3. The Excel file references submitting the attachments as both Excel files and PDFs. Can you clarify which format should be submitted?

8/10/26, 1:01 PM

2/3 a.

8/10/26, 1:01 PM Inbox - Contracts - Outlook

3/3

8/10/26 Answers from SUNY Delhi

1. Apologies for the discrepancy . Please follow the directions listed in # 7, we will need 3 hard copies with wet ink signature and 1 USB flash drive submitted with your proposal.

2. Please use the attachment numbers on the excel file that are listed on the tabs at the bottom. My apologies in not correcting the headings of each tab to match. The tabs at the bottom should correlate with the RFP document.

3. Please submit the Excel file with your edits on the flash drive as an excel file. You should make those excel tabs into pdf's and add them to your RFP submission

Section 10.1 and applicable law are intended by this provision.

5. Section 10.1 Determination of Vendor Responsibility

6. If the Bidder currently has an active Vendor Responsibility Questionnaire on file through the NYS VendRep System, will SUNY accept that filing, or must the Bidder submit/update the questionnaire specifically for this procurement?

7. Answer: The online filing through NYS VendRep System is sufficient as long as it is up to date and has been certified within the last 6 months. You can download a copy and include it with your proposal and reference that it is online.

8. Section 10.7.2 Assessment of Diversity Practices

9. Please confirm whether Attachment 1, Diversity Practices Questionnaire, is evaluated/ scored as part of the proposal or is a pass/fail responsibility requirement. If scored, please identify the points or weighting assigned to this questionnaire.

10. SUNY MWBE procedures appear to permit consideration of a partial or total waiver of MWBE goals where documented good faith efforts have been demonstrated. Please confirm whether a bidder’s proposed Utilization Plan that does not achieve the advertised MWBE goals may seek such a waiver and remain eligible for award. Please confirm the stage of the procurement process at which a waiver request would be submitted and evaluated. In addition, please confirm what documentation SUNY considers most relevant in demonstrating "good faith efforts" for purposes of a partial or total waiver request.

11. Answer: Attachment 1, Diversity Practices Questionnaire, is not separately scored as part of the technical evaluation and no specific points or weighting are assigned to it under the evaluation criteria set forth in Section 8.1. The questionnaire is collected as part of SUNY's procurement requirements and may be considered, as applicable, in SUNY's review of bidder responsibility and compliance with New York State requirements.

12. This procurement does not establish MWBE participation goals. Accordingly, bidders are not required to meet a specified MWBE utilization percentage as a condition of award, and the MWBE waiver process described in SUNY's standard MWBE procedures is not applicable to this solicitation.

13. Bidders may, however, identify certified MWBE firms they intend to utilize as subcontractors or business partners, if any, and should complete all required forms and disclosures set forth in the RFP.

14. 11.1 Subcontracting

15. Please clarify what entities SUNY considers “subcontractors” for purposes of Attachment 8

(Proposed Subcontractor Information Submission Form). Specifically, are ordinary cloud hosting providers, data-center providers, payment processors, content licensors, and other third-party technology/service providers considered subcontractors that must be disclosed?

16. Answer: For purposes of Attachment 8, SUNY generally considers a subcontractor to be a third party that will perform a portion of the scope of work or contractual obligations being proposed under the resulting contract. Proposed subcontractors that will perform substantive services in support of the contract should be disclosed in Attachment 8.

17. Ordinary commercial service providers that support a bidder's general business operations, such as cloud hosting providers, data center providers, payment processors, telecommunications providers, or other similar infrastructure/service providers, are not necessarily considered subcontractors solely by virtue of providing those services.

Likewise, content licensors and other third-party providers whose products or services are incorporated into the bidder's overall solution may not require separate disclosure as subcontractors unless they will perform a portion of the contracted services for SUNY.

18. Bidders should disclose any third party that will have a direct role in performing, managing, delivering, supporting, or administering the services required under the resulting contract.

SUNY reserves the right to request additional information regarding any third-party relationships that are relevant to contract performance, vendor responsibility, data security, or compliance requirements.

19. 11.2 General Insurance Requirements

20. Please confirm whether SUNY requires the 30-day cancellation/material-change notice to appear directly in the insurance policy/endorsement, or whether commercially available notice provisions and certificates of insurance will satisfy this requirement.

21. Answer: SUNY will accept evidence of insurance that demonstrates compliance with the insurance requirements of the RFP. The requirement for advance notice of cancellation, material change, or non-renewal may be satisfied through policy language, endorsements, or other insurer-issued documentation evidencing such notice obligations. A certificate of insurance alone does not amend, extend, or alter coverage and, by itself, may not be sufficient if it does not accurately reflect the underlying coverage and notice provisions.

22. SUNY reserves the right to review the applicable policies, endorsements, and supporting documentation and to determine whether the insurance provided satisfies the requirements of the resulting contract.

23. Section 11.3 Compliance with NYS Consulting Services Reporting Requirements

24. Please confirm whether SUNY considers this Nursing Curriculum/software licensing procurement a "consulting services" contract subject to State Finance Law §§8 and 163 reporting requirements.

25. Answer: SUNY does not currently anticipate that the resulting agreement will be treated as a consulting services contract subject to the reporting requirements referenced in Section

11.3. This procurement is primarily for the provision of nursing curriculum resources, courseware, software, assessments, simulations, related materials, and associated support services.

26. However, SUNY included Section 11.3 because it is part of SUNY's standard procurement requirements, and SUNY reserves the right to require compliance with applicable New York State reporting requirements if it is subsequently determined that the awarded services fall within the statutory definition of consulting services under State Finance Law

27. Accordingly, bidders should not assume that annual consulting services reports will be required for purposes of preparing their proposals, but the successful contractor may be required to comply with any reporting obligations that are determined to be applicable during contract administration.

28. Section 12.1: Piggybacking

29. The link provided in this paragraph for the Guide for Piggybacking in New York State leads to a page on the NY Office of General Services Website that cannot be found.

Please provide an alternate link or document with the referenced guide?

30. Please confirm that each piggybacking entity will enter into its own separate order form or purchase agreement directly with the contractor and will be solely responsible for payment, license compliance, and performance of its contractual obligations.

31. Answer: The reference in Section 12.1 to the NYS Office of General Services Guide for Piggybacking contains an outdated link. The current OGS piggybacking guidance is available at: https://ogs.ny.gov/procurement/piggybacking-using-other-existing-contracts-0

32. With respect to use of the resulting contract by other eligible entities, any such use would be subject to the terms and conditions of the final contract and applicable New York State law. Generally, an authorized entity electing to utilize the contract would place orders directly with the contractor and would be responsible for its own purchasing decisions, payment obligations, and compliance with the terms applicable to its use of the contract.

33. Most of the time OSC will not allow state entities to use the Piggybacking option, but they make us put it in the RFP’s as a general services reference.

34.

SUNY Delhi RFP 4627-902

4. Question: Section 8.1(6) Finalist Review

This section indicates that a determination of the responsibility of the proposed Contractor shall be made by the contracting agency pursuant to Section 163 (9) f of the NYS Finance Law and as discussed in Section 8.1, Vendor Responsibility. Section 8.1 of this RFP is entitled “Evaluation Process;” while Section 10.1 is entitled “Determination of Vendor Responsibility.” Please advise whether there are any additional criteria outside of that listed in Section 10.1 that may be used to determine the responsibility of the proposed Contractor that may have been omitted.

Answer: The reference to “Section 8.1, Vendor Responsibility” in Section 8.1(6) is a typographical error and should instead refer to Section 10.1, Determination of Vendor Responsibility. The responsibility review will be conducted in accordance with applicable New York State Finance Law requirements, including Section 163(9)(f), and the information provided through the Vendor Responsibility Questionnaire and related due diligence. As stated in Section 8.1(6), SUNY may consider factors relevant to responsibility, including financial and organizational capacity, legal authority, integrity, and prior contract performance. No separate responsibility criteria beyond those described in Section 10.1 and applicable law are intended by this provision.

5. Section 10.1 Determination of Vendor Responsibility

If the Bidder currently has an active Vendor Responsibility Questionnaire on file through the NYS VendRep System, will SUNY accept that filing, or must the Bidder submit/update the questionnaire specifically for this procurement?

Answer: The online filing through NYS VendRep System is sufficient as long as it is up to date and has been certified within the last 6 months. You can download a copy and include it with your proposal and reference that it is online.

6. Section 10.7.2 Assessment of Diversity Practices

Please confirm whether Attachment 1, Diversity Practices Questionnaire, is evaluated/scored as part of the proposal or is a pass/fail responsibility requirement. If scored, please identify the points or weighting assigned to this questionnaire.

SUNY MWBE procedures appear to permit consideration of a partial or total waiver of MWBE goals where documented good faith efforts have been demonstrated. Please confirm whether a bidder’s proposed Utilization Plan that does not achieve the advertised MWBE goals may seek such a waiver and remain eligible for award. Please confirm the stage of the procurement process at which a waiver request would be submitted and evaluated. In addition, please confirm what documentation SUNY considers most relevant in demonstrating "good faith efforts" for purposes of a partial or total waiver request.

Answer: Attachment 1, Diversity Practices Questionnaire, is not separately scored as part of the technical evaluation and no specific points or weighting are assigned to it under the evaluation criteria set forth in Section 8.1. The questionnaire is collected as part of SUNY's procurement requirements and may be considered, as applicable, in SUNY's review of bidder responsibility and compliance with New York State requirements.

This procurement does not establish MWBE participation goals. Accordingly, bidders are not required to meet a specified MWBE utilization percentage as a condition of award, and the MWBE waiver process described in SUNY's standard MWBE procedures is not applicable to this solicitation.

Bidders may, however, identify certified MWBE firms they intend to utilize as subcontractors or business partners, if any, and should complete all required forms and disclosures set forth in the RFP.

7. 11.1 Subcontracting

Please clarify what entities SUNY considers “subcontractors” for purposes of Attachment 8 (Proposed Subcontractor Information Submission Form). Specifically, are ordinary cloud hosting providers, data-center providers, payment processors, content licensors, and other third-party technology/service providers considered subcontractors that must be disclosed?

Answer: For purposes of Attachment 8, SUNY generally considers a subcontractor to be a third party that will perform a portion of the scope of work or contractual obligations being proposed under the resulting contract. Proposed subcontractors that will perform substantive services in support of the contract should be disclosed in Attachment 8.

Ordinary commercial service providers that support a bidder's general business operations, such as cloud hosting providers, data center providers, payment processors, telecommunications providers, or other similar infrastructure/service providers, are not necessarily considered subcontractors solely by virtue of providing those services. Likewise, content licensors and other third-party providers whose products or services are incorporated into the bidder's overall solution may not require separate disclosure as subcontractors unless they will perform a portion of the contracted services for SUNY.

Bidders should disclose any third party that will have a direct role in performing, managing, delivering, supporting, or administering the services required under the resulting contract. SUNY reserves the right to request additional information regarding any third-party relationships that are relevant to contract performance, vendor responsibility, data security, or compliance requirements.

8. 11.2 General Insurance Requirements

Please confirm whether SUNY requires the 30-day cancellation/material-change notice to appear directly in the insurance policy/endorsement, or whether commercially available notice provisions and certificates of insurance will satisfy this requirement.

Answer: SUNY will accept evidence of insurance that demonstrates compliance with the insurance requirements of the RFP. The requirement for advance notice of cancellation, material change, or non-renewal may be satisfied through policy language, endorsements, or other insurer-issued documentation evidencing such notice obligations. A certificate of insurance alone does not amend, extend, or alter coverage and, by itself, may not be sufficient if it does not accurately reflect the underlying coverage and notice provisions.

SUNY reserves the right to review the applicable policies, endorsements, and supporting documentation and to determine whether the insurance provided satisfies the requirements of the resulting contract.

9. Section 11.3 Compliance with NYS Consulting Services Reporting Requirements

Please confirm whether SUNY considers this Nursing Curriculum/software licensing procurement a "consulting services" contract subject to State Finance Law §§8 and 163 reporting requirements.

Answer: SUNY does not currently anticipate that the resulting agreement will be treated as a consulting services contract subject to the reporting requirements referenced in Section 11.3. This procurement is primarily for the provision of nursing curriculum resources, courseware, software, assessments, simulations, related materials, and associated support services.

However, SUNY included Section 11.3 because it is part of SUNY's standard procurement requirements, and SUNY reserves the right to require compliance with applicable New York State reporting requirements if it is subsequently determined that the awarded services fall within the statutory definition of consulting services under State Finance Law

Accordingly, bidders should not assume that annual consulting services reports will be required for purposes of preparing their proposals, but the successful contractor may be required to comply with any reporting obligations that are determined to be applicable during contract administration.

Section 12.1: Piggybacking

10. The link provided in this paragraph for the Guide for Piggybacking in New York State leads to a page on the NY Office of General Services Website that cannot be found. Please provide an alternate link or document with the referenced guide?

Please confirm that each piggybacking entity will enter into its own separate order form or purchase agreement directly with the contractor and will be solely responsible for payment, license compliance, and performance of its contractual obligations.

Answer: The reference in Section 12.1 to the NYS Office of General Services Guide for Piggybacking contains an outdated link. The current OGS piggybacking guidance is available at:

https://ogs.ny.gov/procurement/piggybacking-using-other-existing-contracts-0

With respect to use of the resulting contract by other eligible entities, any such use would be subject to the terms and conditions of the final contract and applicable New York State law. Generally, an authorized entity electing to utilize the contract would place orders directly with the contractor and would be responsible for its own purchasing decisions, payment obligations, and compliance with the terms applicable to its use of the contract.

Most of the time OSC will not allow state entities to use the Piggybacking option, but they make us put it in the RFP’s as a general services reference.

https://ogs.ny.gov/procurement/piggybacking-using-other-existing-contracts-0