RFP 008-2026 Temporary Staff Services.pdf

NASSAU HEALTH CARE CORPORATION

(a/k/a the NuHealth System)

REQUEST FOR PROPOSAL (RFP)

FOR

TEMPORARY STAFF SERVICES

REQUEST FOR PROPOSAL #: 008-2026

Introduction

Nassau Health Care Corporation (“NHCC”), also known as the NuHealth System, is a New York

State public benefit corporation created by the New York State Public Authorities Law. NHCC operates Nassau University Medical Center, a 530-bed tertiary care teaching hospital (“NUMC”) and the A. Holly Patterson Extended Care Facility (“AHP”), a 589-bed skilled nursing facility.

Additionally, NHCC co-operates various Community Health Practices in partnership with Long

Island FQHC, Inc., a non-profit, consumer-driven organization created to help address the health needs of the region’s most vulnerable populations. NHCC maintains a strong commitment to the education of healthcare providers. NUMC has been the primary source of medical care for millions of Nassau County residents since 1935. With its 19-story main tower, NUMC is Nassau County's tallest building and a familiar Long Island landmark. As the region's premier Level I trauma center, NUMC treats many of the County's most critically injured patients, and has long carried the responsibility of being the region’s “safety net” hospital. Additionally, NUMC maintains a strong commitment to medical education. NHCC is academically affiliated with the New York College of

Osteopathic Medicine, the New York College of Podiatric Medicine, the American University of the Caribbean School of Medicine and Hofstra University School of Medicine. AHP is recognized nationally as a model for skilled nursing facilities. AHP offers innovative care in an environment that treats the 'whole' person. The skilled and caring medical staff responds to the physical, social and emotional needs of each resident. NHCC’s Community Health Practices are bringing a new kind of care to the communities that need it most. It is the goal of NHCC to see that every Long

Islander has a “medical home” - a place where people you know provide the kind of primary and preventative care that safeguards the health of you and your family.

Proposal Requirements

Proposals must comply with all instructions outlined in this RFP. Submissions that are incomplete or fail to meet the specified requirements may be rejected without review.

Any contract awarded as a result of this RFP will supersede all prior contracts, bids, or agreements related to Temporary Staff Services at NHCC.

Communication Guidelines

All written communications regarding this RFP - including email correspondence - must clearly reference the RFP title and number in the subject line to ensure proper handling.

Contacts and Submission

Nassau Health Care Corporation

Department of Legal Affairs

2201 Hempstead Turnpike East Meadow, NY 11554

RFPSubmissions@numc.edu

Anticipated Schedule* o Issue RFP July 9, 2026 o Deadline for Questions July 20, 2026 o Proposals Due August 3, 2026 at 3:00 p.m.

o Interviews, if Required To Be Determined

* Dates indicated above are subject to change at the sole discretion of Nassau Health Care Corporation

SCHEDULE A

I. GENERAL INFORMATION

A. Background

Nassau Health Care Corporation (“NHCC”), also known as the NuHealth System, is a New York State public benefit corporation established under the Public Authorities Law. NHCC operates:

• Nassau University Medical Center (NUMC): A 530-bed tertiary care teaching hospital.

• A. Holly Patterson Extended Care Facility (AHP): A 589-bed skilled nursing facility.

• Nassau County Correctional Center (NCCC): The primary jail facility for Nassau County, New York

• Community Health Practices (CHP): Operated in partnership with Long Island FQHC, Inc., a non-profit, consumer-driven organization serving the region’s most vulnerable populations.

NHCC is committed to delivering high-quality care, advancing medical education, and serving as the safety-net health system for Nassau County residents.

Nassau University Medical Center (NUMC): Founded in 1935, NUMC is the County’s primary source of advanced medical care. Its 19-story tower houses the region’s premier Level I Trauma Center and serves as a hub for medical education through affiliations with the New York Institute of Technology College of

Osteopathic Medicine, the New York College of Pediatric Medicine, the American University of the

Caribbean School of Medicine, and the Donald and Barbara Zucker School of Medicine at

Hofstra/Northwell.

A. Holly Patterson Extended Care Facility (AHP): Nationally recognized as a model for skilled nursing services, AHP provides innovative, patient-centered care that addresses residents’ physical, emotional, and social needs in a supportive, healing environment.

Nassau County Correctional Center (NCCC): Medical services for the primary jail facility for Nassau

County, New York, housing both pre-trial detainees and sentenced individuals.

Community Health Practices: NHCC’s community-based centers deliver comprehensive, accessible, and preventive care to underserved communities across Long Island, ensuring every resident has access to a trusted “medical home.”

II. SERVICES SPECIFICATIONS

A. Scope of Services

The Scope of Services (“Scope”) outlined below has been established for the purpose of achieving and implementing program goals and objectives described in this document.

Although the Scope is intended to serve as a reference in the preparation of the proposal, forthcoming proposals may offer additional services which support the goals of this RFP.

CONTRACTOR shall provide temporary medical staff on a temporary basis for nursing and other clinical departments (collectively, "STAFF" and individually, "STAFF PERSON") at

Nassau University Medical Center ("NUMC"), A. Holly Patterson Extended Care Facility

("AHP"), and Nassau County Correctional Center (“NCCC”) as needed upon request at the discretion of NHCC. All STAFF provided under this agreement shall possess all current and unrestricted licenses and certifications as required for their positions in accordance with the policies of NHCC and the rules and regulations of New York State, The Joint Commission

(TJC), and the National Committee for Quality Assurance (NCQA.).

1. Obligations of CONTRACTOR:

A. Provide STAFF in the titles listed below as requested by NHCC;

B. Screen and check references for prospective STAFF, including verification of licensure, board certification and exclusion, as applicable, as more particularly set forth below;

C. Obtain prior written approval from NHCC for all prospective STAFF as set forth below;

D. Arrange malpractice insurance coverage for STAFF through CONTRACTOR'S insurance carrier, which must be acceptable to NHCC in all respects;

E. Prepare, retain and make available to NHCC upon request, appropriate records, including, without limitation, proof of the due diligence required herein ( e.g. licenses, certifications, background checks, exclusion screening etc ... ), timekeeping records and such other records reasonably requested by NHCC;

F. Be and remain solely responsible for paying STAFF for services rendered on behalf of NHCC.

G. No Exclusions. CONTRACTOR represents, warrants and covenants to NHCC that, during the term of the Agreement, it and each of its STAFF, directors, officers, employees, contractors and/or agents, has not been: (i) convicted of a criminal offense that falls within the ambit of 42

U.S.C. § 1320a-7(a); (ii) excluded, debarred, suspended or otherwise ineligible to participate in the Federal health care programs or in Federal procurement or non-procurement programs or (iii) excluded from doing business with any federal, state or local agency, municipality or department.

Without limiting the foregoing, CONTRACTOR agrees to check, before providing STAFF, and at least monthly thereafter, all STAFF and employees, contractors and/or agents against the exclusion lists maintained by the following: (x) the US Department of Health and Human

Services' Office of Inspector General, including, without limitation, the System for Award

Management (SAM) and the List of Excluded Individuals/Entities (LEIE); (y) the General

Services Administration; and (z) the New York State Office of Medicaid Inspector General ( each individual or entity appearing on one or more of these lists, an "Ineligible Person").

CONTRACTOR shall maintain proof of such checks for at least seven (7) years, which shall be made available to NHCC promptly upon its request. CONTRACTOR shall promptly notify

NHCC in writing in the event any STAFF PERSON or its employees, contractors or agents appear on one or more of these lists and shall immediately remove such Ineligible Persons from providing services to or on behalf of NHCC. Such governmental sanction may require the party to terminate the employment or arrangement with such Ineligible Person. (b) In the event that

CONTRACTOR or any STAFF PERSON (i) becomes an Ineligible Person; (ii) fails to promptly notify NHCC of the discovery of an Ineligible Person covered by this Section or (iii) fails to remove an Ineligible Person providing services to or on behalf of NHCC within twenty-four (24) hours of the date CONTRACTOR knows or has reason to know of such ineligible status, then without prejudice to any other rights or remedies that NHCC may have in law or equity, NHCC shall have the right to terminate this Agreement immediately.

H. Licenses and Certifications. CONTRACTOR represents and warrants that each STAFF

PERSON, as applicable, as a continuing condition precedent to NHCC's obligations under this

Agreement and prior to the provision of any services by a STAFF hereunder: (i) holds a currently valid and unlimited license and registration in the State of New York; (ii) as applicable, hold and maintain a currently valid Drug Enforcement Agency ("DEA") certification; and (iii) as applicable, be a registered provider and maintain good standing in the Medicare and Medicaid programs with the ability to provide services to Medicare and Medicaid beneficiaries, and accept assignment from such Medicare and Medicaid beneficiaries.

I. Medical Staff Privileges. It is understood and agreed that some STAFF providing services under this Agreement must apply for, and must be awarded and maintain, in good standing, membership on NHCC's Medical Staff with appropriate unrestricted privileges in accordance with NHCC policies at all times in order for this Agreement to remain valid and enforceable. The parties acknowledge and agree that this Agreement is not, and shall not be construed as, any form of guarantee or assurance by NHCC that applicable STAFF will receive or retain necessary

Medical Staff membership or privileges for purposes of providing services. Application, appointment, reappointment, and granting of privileges shall be governed solely by NHCC

Medical Staff Bylaws.

J. Core Standards. At all times, all STAFF shall adhere to and assume and discharge all responsibilities hereunder (i) consistent with NHCC Policies, standards set forth by The Joint

Commission, and in accordance with all applicable laws, and regulations including, but not limited to The Emergency Medical Treatment and Labor Act (EMTALA), the Stark Law, and the

New York State Public Health and Education Laws, accrediting standards of governmental bodies having jurisdiction over the NHCC facilities, and this Agreement; (ii) within the scope of

STAFF'S competence and clinical privileges, and in a professional, ethical, prompt, courteous and non-discriminatory (i.e. without regard to race, color, creed, condition, sex, age, national origin, economic or handicapped status, sexual orientation or source of payment) manner and in accordance with professional medical standards and (iii) nonetheless be acceptable to NHCC, in

NHCC's sole and absolute discretion.

i. Exercise of Medical Judgment. STAFF provided by CONTRACTOR in the following job titles shall at all times be free, in their sole discretion, to exercise professional medical judgment in connection with the care of patients: all Registered Nurses. No provision of this

Agreement is intended, nor shall it be construed, to permit NHCC or CONTRACTOR to affect or influence the professional medical judgment of any licensed healthcare professionals.

ii. Performance Measurement and Quality lndicators. In addition to any other performance indicators included in this Agreement or applicable to all providers or medical staff, CONTRACTOR and its STAFF shall be subject to periodic evaluation with respect to the following:

a) Audit of documentation;

b) Assessment of CONTRACTOR'S responsiveness and communication;

c) Hand-hygiene practices;

d) Input from NHCC personnel and patients;

e) Nursing Evaluation Form

iii. Timekeeping. CONTRACTOR shall and shall ensure that STAFF: (i) follows all reasonable timekeeping procedures set forth by NHCC, including, without limitation filling out timesheets on a daily basis that must be approved by NHCC in writing and/or utilizing other

NHCC workforce management systems and (ii) maintain their own independent daily work log as set forth below and such log shall be available for review by NHCC upon request.

Work logs must, at a minimum, (x) identify all personnel providing services under this

Agreement by name and title; (y) include the corresponding days/hours worked by each person and (iii) list the initiatives such personnel worked on during those hours. Falsification of time keeping records or failure to provide such records shall be grounds for withholding payment of questioned amounts and/or termination of this Agreement.

iv. Notifications. CONTRACTOR shall promptly notify NHCC in writing, and in no event less than twenty-four (24) hours from such time as CONTRACTOR knows or has reason to know, of any of the following threatened or actual occurrences: (i) the imposition of any loss, suspension or material limitation of any STAFF PERSON's medical license, registration or certification, board certification, Medicare and Medicaid provider status, DEA registration;

medical staff membership or clinical privileges at any hospital; (ii) the initiation, settlement, or adjudication of a malpractice or professional disciplinary action against any STAFF

PERSON or (iii) the initiation of an investigation by a governmental agency or regulatory or licensing body against any STAFF PERSON.

v. STAFF Approval and Replacement. Prior to any STAFF PERSON providing services under this Agreement, such STAFF PERSON, in addition to all other requirements (e.g. obtaining privileges at NHCC, clearance by NHCC's Dept. of Human Resources), shall be subject to the prior written approval of NHCC's Medical Director or NHCC's Senior VP for Patient

Care Services. In the event that (a) NHCC determines, at any time, in NHCC's sole discretion, that any STAFF PERSON is unacceptable to NHCC, or (b) a STAFF PERSON resigns or discontinues its relationship with CONTRACTOR, CONTRACTOR shall diligently work to propose a mutually agreeable replacement STAFF PERSON in a timely manner.

vi. STAFF Assignment to Psychiatry or a Psychiatric Unit. Any STAFF PERSON assigned to work in a Psychiatry or a Psychiatric Unit (in accordance with NYS Office of Mental Health

["OMH"] standards) with potential for regular and substantial contact with children under age

18 must complete a DSS-3370 Clearance Form (State Central Register Database Check), or such other form as OMH may require. Any STAFF PERSON having an indicated report by the NY State Central Register of child abuse or maltreatment shall be deemed unacceptable to

NHCC, and will not be considered or assigned to work for or on behalf of NHCC or any of its entities.

2. Obligations of NHCC:

A. NHCC Obligations and Outside Equipment, Supplies etc.

i. NHCC shall provide such facilities, equipment, supplies, utilities, administrative and support staff, and other support services as shall be reasonably necessary and appropriate for STAFF to perform its duties and responsibilities hereunder as reasonably determined by the NHCC. STAFF shall not supply or utilize any facilities, equipment, supplies, utilities, or other items in connection with the performance of services under this Agreement without the express written consent of NHCC.

B. Be entitled to bill and collect for all services furnished by STAFF, as applicable, and

CONTRACTOR shall make its best efforts to ensure such STAFF assigns to NHCC any and all billings and collections for services, including working with STAFF and NHCC to ensure prompt execution of such additional documentation as may be reasonably requested by NHCC to effectuate or evidence such assignment. Additionally, CONTRACTOR shall work with STAFF to ensure STAFF's participation in payment programs as directed by NHCC. In the event that this

Agreement terminates for any reason, NHCC shall continue to have the right to bill for, collect and retain any and all patient care revenue for services rendered by STAFF.

3. Job Titles, Descriptions and Requirements:

A. Registered Nurses ("RN")- Categories: Local, Long Term, International& Travel; Levels A and B

B. Licensed Practical Nurses ("LPN")

C. Nurse's Aide

D. Patient Care Assistant/Certified Nursing Assistant ("PCA")

E. Medical Supply Aide aka Central Sterile Tech aka Sterile Processing Tech

F. Certified Surgical Technician aka OR Tech

G. Radiology Technician

H. Pharmaceutical Technician

I. Dialysis Technician

J. Respiratory Technician

K. Medical Assistant

L. Dental Hygienist

M. Administrative Support Aide

4. Job Descriptions and Requirements:

A. Registered Nurse ("RN"): Uses independent judgment in functioning as a staff nurse in a hospital or nursing home setting, with supervision of non-professional staff. Typical duties include:

application of nursing principles and methods in the care and treatment of patients; administration of medications and treatments as prescribed by the physician; assumes responsibility for recording of assessments, observations, medications, treatments; assists and supervises non-professional staff in hospital or nursing home routines and procedures. Knowledge, skills, and abilities include: knowledge of practices and principles of professional nursing care; ability to use a computer; ability to delegate to non-professional staff. Minimum qualifications include a continuing license in NYS and hold Basic Life Support (BLS) certification.

i. ***Critical Care, Emergency Department & Operating Room Registered Nurses must have

Critical Care, Emergency Department or Operating Room experience who is assigned to

Critical Care, Emergency Department or Operating Room, as applicable; and must have a continuing license in NYS and hold Advanced Cardiac Life Support (ACLS) certification.

ii. Four categories determined by length of work assignment:

a) Local: Works when assigned; no guarantee as to length of work assignment with NHCC

b) Local Long Term: Work assignment with NHCC is a guaranteed minimum of thirteen

(13) weeks.

c) Travel: Nurse living outside a fifty (50) mile radius of NUMC and AHP, with a guaranteed minimum work assignment of thirteen (13) weeks.

d) International: Work assignment with NHCC is a guaranteed minimum of 1 year (12 months).

iii. Two Levels determined by work assignment:

a) RN Level A: Works in the med/surg, ambulatory surgery and clinic areas of NUMC, NCCC, and AHP.

b) RN Level B: Works in all areas of NUMC, NCCC, and AHP except for med/surg, ambulatory surgery and clinics.

B. Licensed Practical Nurse (LPN): Knowledge of practical nursing theory and related skills and techniques; knowledge of medication dosages, side effects, and therapeutic and/or adverse reactions to medications; knowledge of equipment and supplies utilized for the implementation of patient care procedures; ability to communicate effectively and maintain good interpersonal relations with patients, families, and staff; ability to document appropriately and to maintain records and charts. Minimum qualifications include continuing possession of a NYS license and hold Basic Life Support (BLS) certification.

C. Nurse's Aide: Performs routine, non-professional nursing work in the care of patients at the nursing home. General duties include functions such as: Bathes, shaves, and dresses patients and attends to their personal needs; passes and empties bedpans and collects urine and other specimens. Assists patients in walking and assists in transporting patients. Assists nursing staff in washing and sterilizing equipment. Prepares patients for meals and assists with feeding. Takes temperatures, blood pressures, pulse, and respiration and all other related duties. Minimum qualifications include continuing possession of a certificate issued by the New York State

Department of Health, Residential Health Care Facility Nurse Aide Certification Program.

D. Patient Care Assistant/Certified Nursing Assistant (PCA): Assists the professional nursing staff in providing basic physical care to patients and performs related duties. Knowledge, skills, and abilities: ability to learn procedures and techniques involved in administering simple treatments and providing related patient care; ability to perform housekeeping functions as they relate to the patients' environment; ability to understand and follow verbal and written instructions; ability to maintain records; ability to develop and maintain patience and tact in dealing with patients.

Minimum qualifications include continuing certification.

E. Medical Supply Aide aka Central Sterile Tech aka Sterile Processing Tech: Under the direction of the OR manager, performs technical duties necessary to assure the delivery of sterile, functional instrumentation, equipment, and supplies. Typical duties: sterilizes instruments, supplies, and equipment for surgical use; assists with the cleaning, sterilizing, sorting, storing, and maintenance of instruments and equipment; maintains aseptic technique in cleaning and preparing supplies and equipment; maintains records of tests performed on equipment. Minimum qualifications include continuing certification.

F. Certified Surgical Technician aka OR Tech: Will have knowledge of the principles, practices, and methods applied in an operating room; ability to scrub in surgical procedure and maintain clinical equipment; knowledge of aseptic technique; selects instruments, supplies, and equipment for surgical procedures. Minimum qualifications include continuing certification.

G. Medical Assistant: Assists physicians and nurses in providing patient care. Effectively communicates with patients and staff, in person and on the phone. Maintains supplies and cleanliness of patient space. Ensures exam rooms are stocked appropriately with linen and supplies. Informs supervisor when supplies need to be reordered. Demonstrates skill in obtaining vital signs including blood pressure, pulse, temperature, respiratory rate, height and weight.

Notifies clinical staff of any abnormalities. Records findings on appropriate medical record form.

Performs other duties as assigned. Minimum qualifications: High School diploma and current

Medical Assistant Certification from an accredited institution.

H. Dialysis Technician: The Dialysis Technician will support and work with clinical staff, in the care of patients receiving dialysis. Must hold a Certified Clinical Hemodialysis Technician

(CCHT) certification. Previous dialysis experience preferred.

I. Radiology Technician: Operates imaging equipment to capture internal body structures for diagnostic purposes. Knowledge of radiologic theory, anatomy, and strict radiation safety protocols; ability to position patients accurately and maintain patient comfort; ability to maintain clear documentation and digital records. Typical duties: operates X-ray, CT, or MRI machines, prepares patients for procedures, and ensures optimal image quality. Minimum qualifications include continuing possession of NYS state radiologic technologist license and ARRT certification.

J. Pharmaceutical Technician: Assists licensed pharmacists in preparing and dispensing medications while ensuring safety and accuracy. Knowledge of pharmaceutical terminology, medication dosages, and inventory management; ability to perform precise pharmaceutical calculations;

ability to understand instructions and maintain records. Typical duties: mixes, counts, and labels medications, manages pharmacy stock, and processes insurance claims. Minimum qualifications include a High School diploma and current Pharmacy Technician Certification (CPhT).

K. Respiratory Technician: Supports respiratory therapists and physicians in treating patients with cardiopulmonary disorders. Knowledge of respiratory therapy equipment, oxygen delivery systems, and lung capacity testing; ability to follow complex clinical instructions and monitor patient responses; ability to respond effectively in critical care environments. Typical duties:

administers respiratory treatments, maintains and sterilizes ventilators, and records patient data.

Minimum qualifications include Certified Respiratory Therapist (CRT) credentialing and BLS certification.

L. Dental Hygienist: Provides preventative oral care and educates patients on maintaining dental health under a dentist's supervision. Knowledge of dental anatomy, periodontal charting, and oral pathology; skill in performing dental prophylaxis and scaling; ability to communicate effectively and educate patients on oral hygiene. Typical duties: removes plaque and tartar, applies fluorides and sealants, and takes dental X-rays. Minimum qualifications include continuing possession of a state dental hygiene license.

M. Administrative Support Aide: Manages clerical and logistical operations to support the administrative needs of a healthcare facility. Knowledge of medical terminology, billing practices, and office procedures; ability to coordinate patient schedules, handle phone inquiries, and perform data entry; ability to maintain organized files and medical records. Minimum qualifications include a High School diploma or equivalent.

**** The parties agree and acknowledge that additional job titles may be added to the list of Job Titles, Descriptions and Requirements contained herein.

SCHEDULE B

I. PROPOSAL PROCESS AND REQUIREMENTS

Proposal Submission

NHCC invites qualified Proposers to submit proposals for the services described in this RFP. Proposals must conform to the requirements set forth herein; non-conforming proposals may be disqualified.

The RFP is available through the designated NHCC contact office and may also be downloaded via the

“Doing Business with NuHealth” link at www.numc.edu.

Submission Requirements:

• Electronic Media: One (1) electronic copy sent via email to:

o RFPSubmissions@numc.edu

Note:

• Electronic copies of the proposal must be received by NHCC no later than 3:00 p.m. on the specified due date.

• Incomplete submissions may result in disqualification.

The selected Proposer will enter into negotiations with NHCC regarding contract terms. If agreement cannot be reached within a reasonable time, NHCC may reject that Proposer and begin negotiations with others.

Proposals should be clear, concise, and responsive to the RFP.

I. Contents of Proposals

A. Name of the Proposer.

B. Contact person for the Proposer, including name, address, phone and fax numbers, e-mail address and other contact information.

C. Background information regarding the Proposer, including:

1. Brief history of the Proposer’s firm and a description of all services it provides.

2. A summary description of its organizational structure (e.g., corporation, partnership, LLC, etc.), its history (including information on the date of its formation and the State of its formation), its management and ownership structure (including the name and address of its officers, and of each person, directly or indirectly holding a five (5%) percent or greater ownership interest in the Proposer.

3. Proposer shall provide documentation satisfactory to NHCC demonstrating that Proposer is licensed and authorized to do business in the State of New York and, if applicable, Nassau County.

http://www.numc.edu/ mailto:RFPSubmissions@numc.edu

4. A description of the Proposer’s existing business operations, including number of employees by discipline.

5. Proposals must demonstrate the qualifications and experience of the

Proposer specifically related to the services contemplated by this RFP.

6. Each proposal must include Proposer’s financial information. This information is needed to ensure that each Proposer will be capable of performing its obligations under any agreement entered into between the Proposer and NHCC. Demonstration of the applicant’s financial soundness shall be established by submitting the following information:

a. A copy of the Proposer’s most recent annual audited financial statement and annual audited financial statements for the previous two years.

b. Copies of the Proposer’s subsequent quarterly financial reports.

c. Detailed information of any changes in the mode of conducting the Proposer’s business, including bankruptcy proceedings or filings, and merges or acquisitions within the past three (3) years. List of any bankruptcy proceedings in the past ten (10) years initiated by or against the Proposer or any affiliate or related company.

7. At least three business references (including names of individuals, their titles, organizations, mailing addresses, telephone and fax numbers, and e-mail addresses).

8. A Proposer that is a licensed health care provider or other licensed entity must include information concerning any material negative findings, sanctions imposed or pending regulatory or legal proceedings.

9. Proposals must include the following:

a. List of any and all criminal convictions within the last (10) ten years rendered against the Proposer, any officer or director thereof, or any affiliate or related company.

b. List of any and all civil penalties, judgments, consent decrees, violations, Statements of Deficiency or other sanctions within the last ten (10) years rendered against the applicant, any officer or director thereof, or any affiliate or related company.

c. List of any and all current investigations, indictments or pending litigation by any Federal, State or local jurisdiction initiated against the applicant, any officer or director thereof, or any affiliate or related company.

d. List of any and all actions occurring with the last ten (10) years which have resulted in revocation or suspension of any permit or authority to do business in any Federal, State, or local jurisdiction, by the applicant, any officer or director thereof, or any affiliate or related company.

e. List of any and all actions occurring in the past ten (10) years that have resulted in the barring from public proposal submission of the applicant, any officer or director thereof, or any affiliate or related company.

D. Qualifications of Proposer to carry out this project or to provide these services, including a list of comparable projects and identification of individuals (including their names, titles, organizations, mailing addresses, telephone, fax numbers, and e-mail addresses) who may be contacted with respect to each comparable project.

1. Provide adequate information demonstrating experience on projects of similar scope and magnitude. Project start/completion dates and owner/client reference must be included.

2. List all projects Proposer has completed (or are in progress) for the past eighteen (18) months. Give a brief description of each project, including owner, size of facility, type of work performed, and size of project and completion date.

3. List the five (5) similar projects Proposer’s firm has completed (or are in progress). Give a brief description of each project; include the size of the facility, owner and owner contact to be used for reference purposes. Also include project start and completion (proposed) date.

E. The qualifications and experience of Proposer’s staff and management for the project, including any proposed sub-contractors.

1. List the professional and support positions and number or personnel in each position. Provide resumes for all key staff and subcontractors

(resumes must be no longer than two pages per individual).

2. Provide an organizational chart that includes all personnel who will be committed to this project. Provide specific information as to their experience on projects similar to this one. For the project manager identified as part of the project team, provide the name and contact information of three clients with whom that person has worked on a similar project.

3. List any professional sub-consultants that you intend to propose to provide services not available directly from your firm. Provide specific information documenting their work on similar projects.

F. Scope of proposed services, including work plan and methodology.

G. Fee and cost proposal that shall clearly identify and specify all elements of cost that would become charges to NHCC, in whatever form. Provide information on your billing practices, including reimbursable cost categories.

H. List your general liability and professional liability insurance coverage.

I. Any contingencies or conditions on the proposal.

J. Information required in Appendix I to this RFP.

K. Conflict of Interest

1. Please disclose:

a. Any material financial relationship that any employee of your firm has with any entity that may create a conflict of interest or the appearance of a conflict of interest in acting as contractor on behalf of NHCC.

b. Any family relationship that any employee of your firm has with any corporation, individual or other entity that may create a conflict of interest or the appearance of a conflict of interest in acting as contractor to NHCC.

c. Any other matter that your firm believes may create a conflict of interest or the appearance of a conflict of interest in acting as contractor on behalf of NHCC.

2. Please describe any procedures your firm either has, or would adopt, to assure NHCC that a conflict of interest would not exist for your firm in the future.

II. Confidential Information

The New York State “Freedom of Information Law,” Public Officers Law Article

6, permits access to government records and may permit public access to proposals submitted in response to this RFP. To protect any portion of responses that constitutes technical, financial or other data whose public disclosure would cause substantial injury to a Proposer’s competitive position, or would constitute disclosure of a trade secret, a Proposer must designate any sections of its proposal that meet those criteria. NHCC assumes no responsibility for disclosure of unmarked data for any purpose. NHCC will review such designations in making its determination whether disclosure is required, which determination shall be binding on the Proposer.

III. Anti-discrimination and MWBE Participation

It is the policy of NHCC to comply with all federal, state and local laws, policies, orders, rules and regulations which prohibit unlawful discrimination because of race, creed, color, national origin, sex, sexual orientation, age, disability, or marital status, and to take affirmative action in working with contracting parties to ensure that Minority and Women-owned Business Enterprises (MWBEs), Minority Group

Members and women share in the economic opportunities generated by NHCC’s participation in projects or initiatives, and/or use of NHCC funds. NHCC’s anti-discrimination or other policies that promote equal opportunities shall apply to this initiative and MWBEs are encouraged to submit proposals.

Pursuant to New York State Executive Law Article 15-A, NHCC recognizes its obligations under the law to promote opportunities for maximum feasible participation of certified minority-and women-owned business enterprises

(M/WBEs) and the employment of minority group members and women in the performance of NHCC contracts.

The selected contractor shall be required to use good faith efforts to achieve the participation of certified MWBE’s as specified in this RFP or Bid, and if no participation goal is explicitly specified, participation amounting to 20% of the total value of the fees received by the contractor shall be the goal. As part of their proposal, respondents are required to include a completed MWBE Utilization Plan

(the “Plan”) using the form attached in Appendix I as part of their proposal. The

Plan shall list each MWBE the respondent intends to utilize to perform the contract, a description of the scope of work to be performed by each MWBE, and the estimated or, if known, actual dollar amounts to be paid to each MWBE.

Respondents should endeavor to utilize MWBEs as subcontractors, subconsultants, suppliers, and/or enter into joint venture or teaming agreements with M/WBEs in order to comply with the MWBE utilization goals. In the event that a respondent is a certified MWBE the respondent should list itself in the Plan as performing 100% of the contract work and is not required to subcontract with other MWBE firms.

IV. Procurement Law Requirements

State Finance Law §§ 139-j and 139-k (collectively, the “Procurement

Requirements”) apply to this RFP. The Procurement Requirements (1) govern permissible communications between potential respondents and NHCC with respect to this RFP during the procurement process; and (2) establish sanctions for knowing and willful violations of the provisions of the Procurement Requirements, including disqualification from eligibility for an award of any contract pursuant to this solicitation.

Compliance with the Procurement Requirements requires that (a) all communications regarding this RFP, from the issuance of this RFP through final award and approval of any resulting contract (the “Restricted Period”), be conducted only with the contact person(s) listed; (b) the completion by respondents of the Disclosure of Prior Non-Responsibility Determinations and the Affirmation of Understanding of and Agreement pursuant to State Finance Law, copies of which are attached to this RFP as attachments to Appendix I, and (c) periodic updating of such forms during the terms of any contract resulting from this RFP. Respondents must submit both of these forms, properly completed, as part of their proposals.

The Procurement Requirements also require NHCC employees to obtain and report certain information when contacted by prospective bidders during the Restricted

Period, make a determination of the responsibility of bidders and make all such information publicly available in accordance with applicable law. If a prospective bidder is found to have knowingly and willfully violated the State Finance Law provisions, that prospective bidder and its subsidiaries, related or successor entities will be determined to be a non- responsible bidder and will not be awarded any contract issued pursuant to this RFP.

More information about State Finance Law Sections 139-j and 139-k can be found at http://www.ogs.ny.gov/aboutOgs/regulations/defaultSFL_139j-k.asp.

http://www.ogs.ny.gov/aboutOgs/regulations/defaultSFL_139j-k.asp

All potential Respondents are solely responsible for full compliance with the

Procurement Requirements.

V. Selection Criteria

A. Proposals will be evaluated based upon;

1. Cost effectiveness and financial value– 50%

2. Vendor expertise and quality of proposed solution – 50%

VI. Terms and Conditions

A. This RFP constitutes an invitation to make proposals to NHCC.

Accordingly, this RFP does not commit NHCC to award a contract, or to procure, or to contract for services or supplies. Notwithstanding any other provisions of this RFP, NHCC reserves the right to award this contract to the vendor(s) that best meet the requirements of the RFP, and not necessarily to the lowest proposer. NHCC reserves the right to accept or reject any or all proposals received as a result of this request; to negotiate with all qualified sources; or to cancel in part or in its entirety this RFP if it is in the interests of NHCC to so do. NHCC reserves and, in its sole discretion, may exercise any or all of the following rights and options with respect to this RFP, any proposals and any related agreements, without incurring any liability to Proposers:

1. NHCC reserves the right to disqualify any and all proposals that fail to meet the requirements specified in this RFP.

2. NHCC reserves the right to determine whether to interview some or all of the Proposers, and to conduct such interviews privately.

3. NHCC reserves the right to select and enter into a contract with the

Proposer whose proposal best satisfies NHCC’s overall interests.

4. Because this RFP is not a “competitive bid” process, the Proposer submitting the lowest cost proposal, or the proposal projecting the greatest financial benefit to NHCC, may not necessarily be selected.

NHCC instead reserves the right to select the proposal it believes to be most beneficial to NHCC, with financial terms not being the sole determinative factor. NHCC’s decision-making and selection process will be discretionary and will be based on a variety of factors. By submission of its proposal, each Proposer expressly understands, acknowledges and accepts that this is not a “competitive bid” process, and that NHCC is under no obligation to award a contract through competitive bidding, or at all.

5. NHCC reserves the right to waive or extend deadlines.

6. NHCC reserves the right to accept proposals in whole or part.

7. NHCC reserves the right to conduct investigations with respect to the qualifications of each Proposer, to make field investigations with respect to such proposals (including visits to the Proposer’s business offices or field operations).

8. NHCC reserves the right to request additional information from any

Proposer and to rely upon any information obtained through NHCC’s own investigations.

9. NHCC reserves the right to cancel this RFP at any time whatsoever, with or without the substitution of another RFP.

10. NHCC reserves the right to supplement, amend or otherwise modify this

RFP.

11. NHCC reserves the right to issue additional or subsequent RFPs with regard to the subject matter of this RFP.

12. NHCC reserves the right to negotiate with any Proposer, or with all or none of the Proposers. NHCC has no obligation to offer Proposers the opportunity to meet or exceed terms negotiated with a selected

Proposer.

13. NHCC reserves the right to discontinue negotiations at any time and in

NHCC’s sole discretion.

14. NHCC reserves the right to request new or revised proposals, including monetary terms from any Proposer at any time.

B. Preparation of a response to this RFP will be at the sole cost, expense and risk of the Proposer, with the express understanding and agreement of the

Proposer, irrespective of whether it is selected, that it waives all claims whatsoever for reimbursement from NHCC for any cost or expense incurred in the preparation of its proposal and any subsequent contract negotiation.

C. Each and every submitting Proposer expressly understands and agrees that this RFP is not, and shall not be construed as, an offer or an enforceable contract.

D. NHCC intends to enter into contract negotiations with the Proposer or

Proposers selected, who shall be required to enter into a written contract with NHCC in a form approved by Legal Counsel for NHCC. The contract usually includes, without limitation, the standard clauses set forth in

Schedule “C” and Exhibit “JC” attached hereto. This RFP and the

Proposal, or any part thereof, may be incorporated into and made a part of the contract. The contract may contain provisions not contained herein.

NHCC reserves the right to negotiate the terms and conditions of the contract with the selected Proposer(s), if any. These negotiations could include all aspects of services and fees. Neither the selection of a Proposer nor the negotiation of the contract with such Propsoer(s) shall constitute

NHCC’s acceptance of a proposal or a binding commitment on behalf of

NHCC to enter into a contract with such Proposer(s), as any binding arrangement must be set forth in the contract signed by both parties and is subject to all requisite approvals.

The contract, if any that is negotiated with a selected Proposer shall constitute the entire agreement between NHCC and the selected Proposer, and shall set forth all the terms and conditions applicable to the subject matter of this RFP. In the event of a conflict between this RFP and that contract, that contract shall control.

E. No Proposer who has submitted a proposal to NHCC shall have the right to assign its submitted proposal to a third party or the right to enter into an agreement with third parties to perform the services on Proposer’s behalf without the prior written consent of NHCC, which consent may be withheld in NHCC's sole discretion.

F. This RFP shall be construed in accordance with and governed by the laws of the State of New York, without regard to conflicts of law principles. All actions or proceedings relating, directly or indirectly, to this RFP shall be litigated only in courts located within Nassau County or in the United States

District Court for the Eastern District of New York. Each Proposer (by virtue of the submission of its proposal), submits itself, its successors and/or assigns (if any) to the personal jurisdiction of such court, and waives any right to trial by jury.

G. The proposal shall be signed by an official authorized to bind the Proposer, and shall contain a statement to the effect that the proposal is a firm offer for a one hundred eighty (180) day (or more) period. The proposal shall also provide the name, title, address, and telephone number of the individual(s) with authority to negotiate and contractually bind the company, and who also may be contacted during the period of contract.

H. Proposals submitted become the property of NHCC. By submitting a proposal, the Proposer agrees not to make any claims for or have any right to damages because of any misunderstanding, misrepresentation or lack of information.

I. Ownership of any work developed under this order, and all right title and interest therein shall vest in NHCC. This includes any and all data sets and computer programs created for this analysis including any enhancements to existing data sets provided by NHCC. This includes any and all work materials, draft plans, preliminary analyses, and all other work materials created by the contractor for this contract. In order to effectuate the foregoing, it is expressly understood and acknowledged that the work shall be deemed to be a work made for hire under the U.S. copyright laws.

In the event that the work is determined by a court or competent jurisdiction not to be a work made for hire under the U.S. copyright laws, all submissions to NHCC in connection with this RFP shall be deemed irrevocably assigned by the Proposer to NHCC, including, without limitation, the copyright in the work, including all right, title and interest in perpetuity.

SCHEDULE “C” - STANDARD CLAUSES FOR NHCC CONTRACTS

NHCC reserves the right to add, subtract or modify clauses as it deems appropriate.

1. Payments

(a) Vouchers; Voucher Review, Approval and Audit. Payments shall be made to

CONTRACTOR in arrears, subject to compliance with NHCC billing/payment procedures, and contingent upon CONTRACTOR submitting an invoice accompanied by documentation satisfactory to NHCC supporting the amount claimed.

(b) Timing of Payment Claims. CONTRACTOR shall submit claims no later than three (3) months following the NHCC’s receipt of the services that are the subject of the claim and no more frequently than once a month.

(c) No Duplication of Payments. Payments under this Agreement shall not duplicate payments for any work performed or to be performed under other agreements between the CONTRACTOR and any funding source, including NHCC.

(d) Payments in Connection with Termination or Notice of Termination. Unless a provision of this Appendix expressly states otherwise, payments to CONTRACTOR following the termination of this

Agreement shall not exceed payments made as consideration for services that were (i) performed prior to termination, (ii) authorized by this Agreement to be performed, and (iii) not performed after CONTRACTOR received notice that the NHCC did not desire to receive such services.

2. Independent Contractor. CONTRACTOR is an independent contractor of the NHCC.

CONTRACTOR shall not, nor shall any officer, director, employee, servant, agent or independent contractor of the CONTRACTOR (a “CONTRACTOR Agent”), be (i) deemed a employee of NHCC, (ii) commit

NHCC to any obligation, or (iii) hold itself, himself, or herself out as an employee of NHCC or Person with the authority to commit the NHCC to any obligation. As used in this Agreement, the word “Person” means any individual person, entity (including partnerships, corporations and limited liability companies), and government or political subdivision thereof (including agencies, bureaus, offices and departments thereof).

3. Compliance with Laws and NHCC Policies.

(a) Generally. CONTRACTOR shall comply with any and all applicable Federal, State and local Laws, including, but not limited to those relating to conflicts of interest, identity theft, human rights, and disclosure of information, in connection with its performance under this Agreement. As used in this

Agreement the word “Law” includes any and all statutes, local laws, ordinances, rules, regulations, applicable orders, and/or decrees, as the same may be amended from time to time, enacted, or adopted. In addition, CONTRACTOR shall follow all requirements of NHCC policies, procedures, quality assurance measures and performance improvement programs, including sentinel events/occurrences. Furthermore, CONTRACTOR shall maintain compliance with applicable standards of accreditation programs as required by NHCC, including, without limitation, The Joint Commission.

(b) Records Access. The parties acknowledge and agree that all records, information, and data

(“Information”) acquired in connection with performance or administration of this Agreement shall be used and disclosed solely for the purpose of performance and administration of the…