RFP CSI-2603 - Addendum No. 3.pdf

RFP No. CSI-2603 – Digital Exam Assessment Solution – Addendum No. 3

July 28, 2026

ADDENDUM No. 3

TO: Prospective Proposers

FROM: Marino Pawlowski (Marino.Pawlowski@csi.cuny.edu) The City University of New York on behalf of the College of Staten Island

RE: RFP No. CSI-2603 Digital Exam Assessment Solution

Addendum No. 3 to the above-referenced RFP is being issued to:

a. Respond to questions submitted by Prospective Proposers;

b. Amend RFP Part 3 as indicated herein, and incorporate Amended Scope of Work

Attachment A: Technical Requirements Checklist, which replaces the form of Scope of Work Attachment A provided in the RFP in its entirety;

c. Extend the Proposal Due Date and Time to 8/18/2026 at 2:00 PM.

Amended Scope of Work and Attachment A, Technical Requirements Checklist

The Amended Attachment A contains the following changes:

1. Technical Requirement No. 6 is hereby amended to read as follows:

Solution is capable of generating a variety of closed-ended question types, including but not limited to multiple choice, hot-spot highlighting, drag and drop, drop-down selections, matching, and spreadsheet completion, as well as open-ended question types including essay prompt and short written answers.

The corresponding reference in RFP Part 3, Section 3.2.2, Subsection a, is amended to read as follows:

The Solution must be capable of generating a variety of closed-ended question types, including but not limited to multiple choice, hot-spot highlighting, drag and drop, drop-down selections, matching, and spreadsheet completion, as well as open-ended question types including essay prompt and short written answers.

2. Technical Requirement No. 8 is hereby amended to read as follows:

Solution is capable of automatically grading closed-ended questions.

mailto:(Marino.Pawlowski@csi.cuny.edu)

The corresponding reference in RFP Part 3, Section 3.2.2, Subsection c, is amended to read as follows:

The Solution must be capable of automatically grading closed-ended questions.

3. Technical Requirement No. 9 is hereby amended to read as follows:

Solution is capable of integrating written instructor feedback, either on specific open-ended questions, or on the overall exam result, as required.

The corresponding reference in RFP Part 3, Section 3.2.2, Subsection d, is amended to read as follows:

The Solution must be capable of integrating written instructor feedback, either on specific open-ended questions, or on the overall exam result, as required.

4. Technical Requirement No. 12 is hereby amended to read as follows:

The Solution must include anti-cheating functionalities as follows: (a) a secure lock-out feature that prevents an exam-taker from opening or modifying the web-browser tabs while an exam is in progress; (b) prevent copy-pasting and screen capture while an exam is in progress; and (c) capability to randomize the order of questions for each exam-taker, monitor inactivity, rapid clicks, and screen recording, to ensure integrity during a student’s exam attempt.

The corresponding reference in RFP Part 3, Section 3.2.2, Subsection g, is amended to read as follows:

The Solution must include anti-cheating functionalities as follows: (a) a secure lock-out feature that prevents an exam-taker from opening or modifying the web-browser tabs while an exam is in progress; (b) prevent copy-pasting and screen capture while an exam is in progress; and (c) capability to randomize the order of questions for each exam-taker, monitor inactivity, rapid clicks, and screen recording, to ensure integrity during a student’s exam attempt.

5. Optional Technical Requirement No. 13 is hereby inserted and reads as follows:

The Solution includes, as part of the license offered under the Proposal and at no additional cost to the College, additional cheating detection and prevention measures not listed in Mandatory Content/Functional Requirement #13 above.

If offered, Proposer shall include all additional functionalities available in its Technical and Management Proposal.

The Addendum Questions and Answers begin on the next page.

Questions and Answers

Q1: Proposed Exception : RFP Reference: Part 7, Section 7(a) Guarantee

Request to delete Section 7(a) and replace it as follows:

Contractor warrants that, during the Contract Term, the Work will perform materially in accordance with its applicable documentation. In the event of a reported defect or non-conformity, Contractor shall use commercially reasonable efforts to promptly remediate, correct, or provide a workaround for such defect.

A1: Part 7, Section 7(a) is hereby deleted in its entirety and replaced with a new paragraph 7(a) to read as follows:

a. Contractor warrants that, during the Contract Term, the Work will perform materially in accordance with applicable documentation. In the event of a report defect or non-conformity, Contractor shall use commercially reasonable efforts to promptly remediate, correct, or provide a workaround such defect or non-conformity.

Q2: Proposed Exception : Intellectual Property

RFP References: Part 7, Section 13(a), 13(b), and 13(c)

Request to delete Section 13(a), 13(b) and 13(c) in their entirety and replace as follows:

University Content (as defined below) will be owned by University. “University Content” means any information, videos, data and other material provided or uploaded directly to Contractor Services and Software (as defined below) by University or University’s end-users in the course of receiving or using the Work. Notwithstanding any other provision in the Contract, nothing herein shall be construed to grant ownership of any software developed independently by the Contractor. Contractor software and associated services comprise of several components, including but not limited to lecture capture, live streaming, media management, iOS and Android based mobile applications, video test proctoring, enterprise archiving, student response systems and digital accessibility products (collectively, the “Contractor Services and Software”). The Contractor grants University a non-exclusive right to access and use components of Contractor Services and Software that are covered under this Contract for the duration of the Contract. The Contractor owns and will retain all right, title and interest in and to the Contractor Services and Software including all future development of Contractor Services and Software despite the possibility that some of the future development may be requested and/or paid for by the University.

A2: This section of the RFP will remain unchanged from the Proposed Exception submitted and approved under Addendum No. 1 - Question No. 5, restated here for convenience:

Question: Proposed Exception : Intellectual Property Ownership RFP Reference: Part 7, Section 13(b) and 13(c) Proposer's Solution is a commercial off-the-shelf software platform that is continuously improved across Proposer's entire customer base. Proposer requests clarification that Sections 13(b) and 13(c) of the Contract do not apply to: (a) improvements, enhancements, or modifications to Proposer's pre-existing software platform, algorithms, or proprietary technology, even where such improvements are informed by the performance of the Services; or (b) any component of Proposer's pre-existing intellectual property or derivative works thereof. For the avoidance of doubt, all Output generated by CUNY's use of the Solution (including reports and assessment results) is owned by CUNY.

Answer: Section 13 of Part 7: Terms and Conditions is hereby modified to add a new paragraph 13(d), to read as follows:

(d)The Parties agree that paragraphs (b) and (c) do not apply to: (i) improvements, enhancements, or modifications to Contractor’s pre-existing software platform, algorithms, or proprietary technology, even where such improvements are informed by the performance of the Services; or (ii) any component of Contractor’s pre-existing intellectual property or derivative works thereof. For the avoidance of doubt, all output generated by CUNY's use of the Solution (including reports and assessment results) will be owned by CUNY.

Q3: Proposed Exception

RFP Reference: Section 7, Section 17(b)

Request to add bolded text to clarify notice periods and the accrual of SaaS fees in Section 17(b):

For Convenience: This Contract may be terminated by the University for convenience (i) at any time prior to the completion of implementation services and the go-live date for the Solution (if applicable to the Work), upon written notice of ten (10) Business Days, or (ii) at any other time during the Term upon written notice of thirty (30) sixty (60) calendar days, in each case without penalty or other early termination charges due. If this Contract is terminated pursuant to this paragraph 17b, then the University shall remain liable for all accrued but unpaid charges incurred through the date of the termination.

Notwithstanding any provision to the contrary herein, annual subscription fees for the Solution are deemed fully incurred and accrued upon the Effective Date and each 12-month anniversary of the Effective Date during the Term and shall constitute a firm obligation for that current year so long as the University has not issued a notice of termination prior to the Effective Date or its subsequent anniversary in accordance with Section 17 hereto. Contractor shall use due diligence and provide any outstanding deliverables.

A3: This Section of the RFP will remain unchanged from the Proposed Exception submitted and agreed upon Addendum No. 1 Question No. 7, restated here convenience:

Question: Proposed Exception : Termination for Convenience RFP Reference: Part 7, Section 17(b) Proposer acknowledges CUNY's right to terminate for convenience. Proposer requests that, in the event of a termination for convenience under Section 17(b), CUNY remain responsible for fees through the end of the then-current billing period (semester), given that student licenses are provisioned and activated on a semesterly basis per Section 3.11 of the Scope of Work.

Answer: Section 17(b) of Part 7: Terms and Conditions hereby modified to add the following sentence: “In the event of a termination under this Paragraph, CUNY will remain responsible for all non-cancellable fees through the end of the current billing period.”

Q4: Proposed Exception : Part 7, Section 21 Contract Billings

Add 21(d) as follows:

To the extent permitted by law, if the University fails to make payment on any undisputed invoice within the credit period and an additional 60-day grace period, the Contractor shall issue a written notice to the University requiring payment of outstanding amounts within 30 days from the date of such notice. If the overdue undisputed invoice still remains unpaid after the expiry of this written notice, the Contractor reserves the right to suspend the provision of any services or delivery of products to the University.

A4: This Section of the RFP will remain unchanged.

Q5: Proposed Exception : Part 7, Section 25 Confidentiality

Add 25(f) as follows:

University will not, and will not permit any third party to reverse engineer or otherwise attempt to discover the source code or underlying structure or algorithms of the Contractor Services and Software (except to the extent such restrictions are contrary to applicable law), decompile, or otherwise attempt to discover the design of the Contractor Services and Software, modify or create derivative works based on the Contractor Services and Software, or otherwise use the Contractor Services and Software outside of the scope permitted under this Contract.

A5: Part 7, Section 25 is hereby amended to add a new section f, as follows:

University will not, and will not permit any third party to reverse engineer or otherwise attempt to discover the source code or underlying structure or algorithms of the Contractor Services and Software (except to the extent such restrictions are contrary to applicable law), decompile, or otherwise attempt to discover the design of the Contractor Services and Software, modify or create derivative works based on the Contractor Services and Software, or otherwise use the Contractor Services and Software outside of the scope permitted under this Contract.

Q6: Proposed Exception

RFP Reference: Part 7, Section 28 Limitation of Liability

Request to delete Section 28 and replace it as follows:

Except with respect to Contractor’s indemnity obligations under Section 27(c) (IP Infringement) and claims resulting from Contractor’s gross negligence or willful misconduct, Contractor’s liability for any direct damages arising out of or related to this Contract shall not exceed three times the total amount paid (and payable) to Contractor in the twelve (12) month period prior to the date of the event giving rise to the liability.

In no event will either party be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or relating to the subject matter of this Contract (including lost profits).

A6: This Section of the RFP will remain unchanged.

Q7: Proposed Exception

RFP Reference: Part 7, Section 41 PCI Compliance

Add a new Subsection (B) as follows:

B. Notwithstanding any provision in the Contract or any other documents, the University acknowledges that the Contractor is not a Business Associate or subcontractor (as those terms are defined in HIPAA) or a payment card processor and that the Work is neither HIPAA, nor PCI DSS compliant. The Contractor will have no liability under this Contract for personal health or personal financial data stored in Contractor Services and Software, notwithstanding anything to the contrary herein.

A7: Part 7, Section 41 is amended to add a new paragraph B, to read as follows:

B. Notwithstanding any provision in the Contract or any other documents, the University acknowledges that the Contractor is not a Business Associate or subcontractor (as those terms are defined in HIPAA) or a payment card processor and that the Work is neither HIPAA, nor PCI DSS compliant.

Q8: Proposed Exception

RFP References: Part 7, Section 43 Additional Terms & Conditions

Add new Subsection G. as follows:

ACCESSIBILITY WARRANTY. In case of any claim for indemnification related to accessibility, the Contractor’s liability will be limited to ensuring that the Solution is fully accessible by individuals with disabilities and conform to WCAG 2.1 AA standard. In the event any feature of the Work is inaccessible to an individual with a disability, the Contractor will take steps to ensure that Contractor Services and Software are compliant with the abovementioned standard.

A8: This Section of the RFP will remain unchanged.

Q9: Proposed Exception

RFP Reference: Part 7, Section 43 Additional Terms & Conditions

Add a new Subsection H. as follows:

ADDITIONAL TERMS SPECIFIC TO THE SOLUTION AND RELATED ADD-ON

COMPONENTS. Both parties understand and agree that it is University’s responsibility to ensure that it has the end users’ or examinees’ consent for using the Solution or any of the Solution’s Add-On components. The University shall ensure that use of the Solution is consistent with all the applicable laws, policies, rules, regulations, guidelines, standards, or procedures ("Institution's Use Requirements") at the University. The Contractor shall not be liable for any claims for indemnity resulting from the use of the Solution in a manner that is inconsistent with the Institution's Use Requirements. The University retains full discretion and responsibility to decide whether to enroll a particular user or examinee for using the Solution.

A9: This section of the RFP will remain unchanged.

The Proposer is responsible for providing a Technical Proposal that meets all minimum requirements set forth in RFP Parts 2 – 4. If the Proposer’s Solution is augmented with additional components to meet the minimum requirements, and these components include terms and conditions that will be binding on the College, all terms/governance documents must be submitted as part of its End User License Agreement, as described in RFP Part 4, Section 4.5 and subject to negotiation and approval. Any additional services beyond the Scope of this RFP, if determined to be in the interest of the College, will be subject to a separate written agreement.

Q10: Proposed Exception

RFP Reference: Part 7, Section 43 Additional Terms & Conditions

Add a new Subsection I. as follows:

Reasonable Use Policy. The Contractor reserves rights to request the University or end user to (a) archive or delete content from the Contractor’s storage that has been unused for 1 year or more; (b) use the standard software in the manner it was originally purchased for. Any unlimited service pricing structure is prepared based on the parameters known to the Contractor at the time of entering this Contract. The Contractor reserves rights to adjust the unlimited service pricing structure due to any future changes of the service parameters including but not limited to the requirement to add any new hardware or software in order to support unlimited services; or using the standard software outside the scope of this Contract such that the new requirement materially increases the consumption of the Contractor’s resources for example, unreasonably using the allocated space to store materials unrelated to the Solution. This policy is designed to ensure the reasonable use of our unlimited services such as Unlimited Media Storage. It is intended to protect the Contractor and its customers by addressing situations where service usage materially deviates from ordinary use.

A10: This Section of the RFP will remain unchanged.

Q11: Regarding the pricing breakdown included in the RFP documents, would it be acceptable for us to submit a separate pricing document that provides additional detail regarding the package we are proposing, including the products and services included, to supplement the required pricing breakdown?

A11: A proposer may choose to submit, in addition to the completion of Part 5 in its entirety, an alternative form of pricing. Please note that proposers will be evaluated on their price proposal in accordance with Part 5. However, if proposer is being considered for award, pursuant to the evaluation criteria stated herein, then CUNY, may in its sole interest, review the alternate price proposal.

Q12: Could the College clarify whether the required solution is a full NCLEX preparation product (with pre-authored content and adaptive learning paths) or a digital exam assessment platform that supports NCLEX-style content authored by faculty?

A12: The College seeks a digital exam assessment platform that supports NCLEX-style assessment content authored by faculty.

Q13: Is the vendor expected to provide pre-authored NCLEX-style question banks and practice exams, or will all content be authored and managed by CSI Nursing faculty within the platform?

A13: All content is expected to be authored and managed by CSI Nursing faculty within the platform. However, if the Proposer’s Solution includes pre-authored NCLEX-style content at no additional cost, it is encouraged to include such content in its Technical and Management Proposal as a value-add.

Q14: Is mapping to the NCLEX Client Needs framework, the NCSBN Clinical Judgment Measurement Model (NGN), and program learning outcomes a mandatory functional requirement, or is general curriculum-mapping capability sufficient?

A14: The Solution must be capable of facilitating the creation and administration of exam questions and assessments that are consistent with NCLEX Client Needs Categories, and NCSBN Clinical Judgment Measurement Model.

Q15: Apart from CUNY Login (Oracle OAM via SAML 2.0 / OIDC / OAuth 2.0), are integrations with CUNYfirst (SIS), Brightspace/Blackboard LMS, Workday Student, or any other institutional systems required at go-live?

A15: The Solution should allow for integration with the Brightspace D2L LMS, but this integration will not be required at go-live.

Q16: What is the scope of data and content migration from the College's current solution

— specifically, question banks, exam configurations, historical student attempts, results, and user accounts?

A16: The Nursing Department has 19 existing exam banks and configurations in the incumbent's system, and 18 admin active user accounts and 391 active student accounts.

Q17: What source data formats will be made available for migration (e.g., QTI 2.1/3.0, CSV, Excel, XML, JSON, vendor-proprietary export)?

A17: The College anticipates CSV and RTF data formats for migration.

Q18: Could the College clarify the expectation around "Wi-Fi blocking during exams"?

SaaS exam platforms cannot disable institutional or personal Wi-Fi networks; would a secure browser / lockdown environment with network-traffic restriction and proctoring be acceptable as a compliant alternative?

A18: As part of this Addendum No. 3, and amended form of Scope of Work Attachment A: Mandatory Requirements Checklist has been incorporated. As part of this amended document, Mandatory Content/Functional Requirement #12 has been amended to clarify that the Solution must have a secure lock-out feature that prevents an exam-taker from:

(a) opening or modifying the web-browser tabs while an exam is in progress; (b) prevent copy-pasting and screen capture while an exam is in progress; and (c) has cheating-detection and prevention measures, such as allowing randomized the order of questions, monitoring inactivity, rapid clicks, and screen recording, to ensure integrity during a student’s exam attempt. However, if the Proposer’s Solution includes additional secure browser functionalities at no additional cost, it is encouraged to include such content in its Technical and Management Proposal as a value-add.

Q19: What is the expected exam-security and cheating-detection model — lockdown browser only, AI-assisted proctoring, live human proctoring, webcam/ID verification, copy-paste restriction, screen recording, or a combination? Is remote proctoring required for any exams?

A19: Please see the response to Question No. 18. Remote and online proctoring is not in scope; all exams are conducted on site with human proctors monitoring exam takers.

Q20: Will exams be conducted on-campus, remotely, or in a hybrid model? What is the expected peak concurrent exam volume during midterms/finals across the approximately 400 Nursing students?

A20: Exams will be conducted on campus. The College expects approximately 310 concurrent users during peak exam periods.

Q21: Are statistical analytics (point-biserial correlation, Cronbach's alpha, descriptive statistics, curriculum-gap mapping) required for all assessments, or only for high-stakes/summative exams?

A21: This functionality is required for all assessments.

Q22: Does the 99.5% uptime SLA and associated service-credit schedule apply only to unplanned downtime, with scheduled maintenance windows (≤16 hours/month, off-hours) excluded from the calculation?

A22: Yes, as stated in Attachment B, it only applies to unplanned downtime.

Q23: For the security questionnaire requirement, is HECVAT Lite acceptable, or is HECVAT Full required?

A23: Proposers must provide a HECVAT Full, as well as an SOC2 Type 2 to comply with the University’s IT Security Review Requirements.

Q24: Are SOC 2 Type 2 and VPAT/ACR required to be submitted with the proposal, or only on request at the award stage as currently indicated?

A24: These documents will be requested from the selected vendor at the pre-award stage.

Q25: Amended Attachment B references both "24×7 helpdesk preferred" and "minimum Monday–Friday 9–5 EST." Could the College confirm whether 24×7 support is a scoring/evaluation factor or strictly preferred?

A25: The Proposer must provide helpdesk hours from Monday – Friday, 9 AM – 5 PM EST. 24x7 support is preferred, but it is not a mandatory requirement.

Q26: Will the contract start date be tied to readiness for the Spring 2027 semester, and what is the latest acceptable go-live date for full deployment, training, and migration?

A26: The College expects a commercial-off-the-shelf Solution requiring minimal customization to operate in its IT environment. The College expects an award to be made within the fourth quarter of 2026, and that the Solution will be fully operational, with all deployment, training and migration completed by the first day of the Spring 2027 semester, which is anticipated to be in late January.

Q27: Proposed Exception

RFP Reference: Part 3, Section 3.3.2; Attachment B

Proposer requests that Section 3.3.2 be modified to: "Contractor shall comply with all applicable CUNY IT policies and procedures, except as set forth in Contractor's Exceptions Schedule." Proposer will provide a detailed Exceptions Schedule identifying each Attachment B requirement it does not fully meet, together with alternative measures, prior to Contract Award.

A27: This Section of the RFP will remain unchanged. Only Proposed Exceptions reviewed within the Question and Answer Period, and approved in writing in under a published Addendum will be accepted. The College cannot negotiate or accept additional proposed exceptions to the Contract Terms and Conditions beyond the Q&A Period.

Q28: Proposed Exception

RFP Reference: Attachment B, Authentication and Access Control, Section 3

Solution does not support SAML Single Logout (SLO) but does support IdP logout redirect URL for session clearing. Proposer requests removal of the obligation to develop a custom enhancement solution where logout-related options are unavailable.

A28: At this time, CUNY does not enforce a SAML Single Logout (SLO) policy.

Q29: Proposed Exception

RFP References: Attachment B, Sections entitled Service Standards/Service Level Agreements, subsections entitled (a) Uptime Commitment, (b) Exclusive Remedy, and Backup

Proposer requests: (a) the Uptime Commitment be changed from 99.5% to 99.0%, with service credit tiers adjusted as below; (b) the high-availability uptime preference be changed from 99.999% to 99.0%; (c) backup data retention be changed from 90 days to 30 days; and (d) the cold storage requirement be removed, as Proposer does not offer cold storage as a standard service.

Uptime Percentage Service Credit as Percentage of

Monthly Subscription Fee Below 99.5% but not less than 99% 2% Below 99% but not less than 98.5% 4% Below 98.5% but not less than 97.5% 6% Below 97.5% 10%

A29: Attachment B, Section entitled Service Standards/Service Level Agreements, subsection entitled (a) Uptime Commitment is hereby amended to read as follows:

The Contractor will use reasonable efforts to ensure the Contractor's Systems are available a minimum of 99.0% of the time (the "Uptime Commitment"). All Uptime Commitment will be measured within the Contractor's System on a monthly basis calculated to include twenty-four (24) hours per day over each month, but excluding from the numerator and denominator in the calculation the duration in time of any temporary shutdowns due to scheduled maintenance (which will not exceed in the aggregate sixteen

(16) hours per month outside of normal business hours), telecommunications or power disruptions caused by third parties, and any other causes beyond Contractor's reasonable control. The Contractor agrees to notify CUNY promptly of any factor, occurrence, or event coming to its attention that may affect the Contractor's ability to meet the Uptime Commitment, or that is likely to cause any material interruption in the Services.

Attachment B, Section entitled Service Standards/Service Level Agreements, subsection entitled (b) Exclusive Remedy is hereby amended to read as follows:

The Contractor will use reasonable efforts to correct any material problems in the Services, including any failure to satisfy the Uptime Commitment. In the event that the Contractor fails to satisfy the Uptime Commitment for a given month, CUNY's sole and exclusive remedy will be to receive a service credit equal to the following percentage of the monthly fees for the Services for the stated uptime:

Uptime Percentage Service Credit as Percentage of

Monthly Subscription Fee Below 99.5% but not less than 99% 2% Below 99% but not less than 98.5% 4% Below 98.5% but not less than 97.5% 6% Below 97.5% 10%

In no event will the service credit exceed the monthly fees paid by CUNY for the Services.

CUNY acknowledges and agrees that if the remedies set forth in this section are applied, any failure of the Contractor to meet the requirements in this SLA will not constitute a breach of the Agreement.

Attachment B, Section entitled Service Standards/Service Level Agreements, subsection entitled Backup is hereby amended to read as follows:

For SaaS based Solutions, the Contractor must ensure high availability for the Solution.

High availability is defined as the ability for the Solution to operate as designed with zero downtime, unless for regular maintenance. In addition, the Contractor must have service running in multiple datacenters (minimum of two) and prefers 99.0% uptime; in addition, for a hosted Solution, when moving the service from one datacenter to another the Contractor must ensure zero downtime. The Contractor shall provide comprehensive redundant backups by implementing a backup strategy that includes performing daily backups (deltas between previous day's backup) with at least weekly full backup rotation;

the Contractor must retain backup data for 90 days.

In addition, the Contractor shall provide a Disaster Recovery plan where data is replicated to an offsite location. In the event of a disaster, the Contractor will restore service according to the agreed Recovery Time Objective (RTO) and Recovery Point Objective (RPO).

• RTO: 24 hours

• RPO: 12 hours

Q30: Proposed Exception

RFP Reference: Appendix B, Section (j)

Proposer does not permit on-site customer audits of its multitenant SaaS environment.

Proposer requests that the audit right be replaced with an obligation to provide CUNY annually with its most recent SOC 2 Type 2 report and completed HECVAT, with CUNY entitled to submit written follow-up questions to which Proposer will respond within a commercially reasonable timeframe.

A30: This Section of the RFP will remain unchanged. For avoidance of doubt, there is no requirement that an audit be conducted on-site. The College is required to have access to the records indicated in Appendix B, Section (j), if requested.

Q31: Proposed Exception

RFP References: Appendix B, Sections (g) through (i)

Proposer will report confirmed breaches affecting CUNY data within two (2) business days of discovery. Proposer requests: (a) status reports be provided at a frequency reasonably agreed by the Parties (no less than weekly), rather than daily; and (b) the requirement to coordinate all media and law enforcement notifications with CUNY in advance be modified to require reasonable efforts to coordinate, unless immediate notification is required by law.

A31: This Section of the RFP will remain unchanged.

Q32: Proposed Exception

RFP Reference: Appendix B, Section (k)

Proposer requests that its obligation to make personnel available to testify at no cost be limited to matters directly related to an unauthorized disclosure caused by Proposer’s breach of its security obligations, and subject to reasonable scheduling.

A32: This Section of the RFP will remain unchanged.

Q33: Proposed Exception

RFP Reference: Part 3, Section 3.12.4

Proposer requests that the termination right under Section 3.12.4 apply only where the accessibility deficiency is material and systemic (not an isolated single-user issue), and that CUNY first exhaust its own reasonable accommodations before exercising termination. Upon termination under this section, CUNY shall receive a pro rata refund of prepaid fees.

A33: This Section of the RFP will remain unchanged.

Q34: Proposed Exception

RFP References: Part 3, Sections 3.8.6.1 and 3.10.2

Proposer will invoice on a semesterly basis consistent with student enrollment cycles, rather than monthly. Prior to contract finalization, the Parties will establish a mutually agreed-upon baseline number of student licenses per semester reflecting the program's expected capacity. Invoices will reflect the greater of (a) actual semesterly enrollment or

(b) the agreed-upon baseline minimum. Invoices will indicate the per student price, the applicable billing period, and the number of enrolled students per course. Proposer will provide invoices to the College's Accounts Payable Department in a format approved by the Business Office, with a copy to the Department Chair of Nursing or their designee.

For the avoidance of doubt, the 30-day enrollment true-up process in Section 3.11.1 shall apply to reconcile actual enrollment for billing purposes.

A34: The College confirms that invoicing will be conducted on a semesterly basis, as provided for in RFP Part 3, Sections 3.8.6.1 and 3.10.2.

The College will only pay for the final number of activated student licenses, as adjusted following the 30 day period from the start of each semester. The College cannot accept a baseline number of students, or agree to any minimum payment requirements that would require payment in excess of the total number of actually enrolled students for any given semester.

Q35: Proposed Exception

RFP References: Attachment B, Section entitled Service Standards/Service Level Agreements, Subsection entitled Performance Service Levels, (e) Scheduled Outages

The following requested to be deleted, as it does not accurately reflect our SaaS operating environment.

“Contactor's on-site coverage is during Contractor's normal business hours, Monday through Friday, excluding holidays recognized by Contractor and previously identified to

CUNY."

A35: This section was previously deleted as part of the Attachment B incorporated in Addendum No. 1 to this RFP.

Q36: Proposed Exception

RFP References: Attachment B, Section entitled Service Standards/Service Level Agreements, Subsection entitled Performance Service Levels, (h) Support

The following bolded text is requested to be inserted into the section listed above:

In the event of Downtime (which shall consist of a Response Level I or II in the chart above), Contractor shall provide an online Downtime Status page to be updated in real-time until resolution of such Downtime event. All incidents of Downtime which are known by Contractor, and which materially affect the majority of its customers in a region shall be communicated via its applicable broadcast incident communication channel(s).

A36: The last clause of RFP Attachment B, Section entitled Service Standards/Service Level Agreements, subsection entitled Performance Service Levels, (h) Support, is hereby amended to read as follows:

All incidents of Downtime which are known by Contractor, and which materially affect the majority of its customers in a region shall be communicated via its applicable broadcast incident communication channel(s).

Q37: Proposed Exception

Agreements, Subsection entitled Transaction Utilization Times

This section is requested to be deleted in its entirety as inapplicable.

A37: This section was previously deleted as part of the Attachment B incorporated in Addendum No. 1 to this RFP.

Q38: Service Standards/Service Level Agreements

RFP References: Attachment B, Support Response Times

Turnitin requests this table be replaced to align with Support Response times in subsection (h), pasted here for convenience of review:

Response Level

Description Initial Response

I SaaS Service is unavailable 1 hr.

II Production mode is inoperable 2 hr.

III Module feature working incorrectly; general performance issue 1 business day IV Non-performance related incidents, including: general questions, requests for information, documentation questions, and enhancement.

2 business days

A38: RFP Attachment B, Section entitled Service Standards/Service Level Agreements, Subsection entitled Support Response Times, is hereby amended as follows:

The chart below represents required support response times. Contractor must meet such requirements; if a Contractor would like to suggest alternate support response times for each level of severity, then it must do so by submitting questions by the Questions Due Date; if the required support response times are revised, then all vendors will be provided a revised support response times through an Addendum to the RFP solicitation document.

Description Response Time Resolution Time Complete system outage; business-critical impact to any CUNY entity serviced by vendor (e.g., college, Central Office, Research Foundation).

1 hr. 4-8 hours

Severe disruption to core functions;

significant impact to any CUNY entity serviced by vendor (e.g., college, Central Office, Research Foundation).

2 hr. 1 business day

Limited disruption; workarounds may exist to any CUNY entity serviced by vendor (e.g., college, Central Office, Research Foundation).

1 business day 2-3 business days

Minor issues or general inquiries to any 2 business days 5-7 business days

CUNY entity serviced by vendor (e.g., college, Central Office, Research

Foundation).

Q39: Proposed Exception

RFP References: Attachment B, Section entitled Service Standards/Service Level Agreements, Subsection entitled Monitoring and Maintenance

Proposer wishes to make clear while it has these systems internally, they are not available for customers. Also, the second paragraph is amended to: The Contractor is required to notify CUNY by email no later than 14 days in advance of any periods of scheduled maintenance and required repairs. The Contractor acknowledges that this advance notification is essential to minimize disruptions and allow CUNY to plan accordingly.

The notification period must align with industry standards.

A39: This section containing this reference was previously deleted as part of the Attachment B incorporated in Addendum No. 1 to this RFP.

Q40: Proposed Exception

RFP References: Attachment B, Section entitled Service Standards/Service Level Agreements, Subsection entitled Backup

Proposer requests amendment of the first clause of this subsection as follows: For SaaS based Solutions, the Contractor must ensure high availability for the Solution. High availability is defined as the ability for the Solution to operate as designed with zero downtime, unless for regular maintenance. In addition, the Contractor must have service running in multiple datacenters (minimum of two) and prefers 99.5% uptime.

A40: RFP Attachment B, Section entitled Service Standards/Service Level Agreements, Subsection entitled Backup is hereby amended to read as follows:

For SaaS based Solutions, the Contractor must ensure high availability for the Solution.

High availability is defined as the ability for the Solution to operate as designed with zero downtime, unless for regular maintenance. In addition, the Contractor must have service running in multiple datacenters (minimum of two) and prefers 99.5% uptime.

Q41: Proposed Exception

Agreements, Subsection entitled Data Portability

This Section is amended to: The Contractor must ensure that all data stored within the platform can be securely exported in a standard, non-proprietary format upon request, to facilitate seamless data migration or compliance with CUNY's archival requirements.

A41: This section of the RFP will remain unchanged.

Q42: Proposed Exception

RFP Reference: Part 3, Section 3.3.3;

The Contractor’s Solution and user functionality must be fully responsive and accessible via multiple devices, including desktops, laptops, tablets, and smartphones. The Contractor shall not be responsible for providing such devices. The Solution must support the latest versions of major web browsers and operating systems.

Proposer’s testing application is compatible on PCs, MacBooks, iPads, and Microsoft Surface Pro devices which meet Minimum System Requirements. Though not exhaustive, the Solution will not run on Chromebooks, Android, or Linux operating systems. Solution does not support touchscreen input on Mac or Windows laptops. Solution has a dedicated iPad version of the application that has feature parity with desktop instances of the application. Solution is not supported on other mobile devices or smartphones.

A42: RFP Part 3, Section 3.3.3 is hereby amended to read as follows:

The Contractor’s Solution and user functionality must be fully responsive and accessible via desktop, laptops, tablets running Microsoft Windows or Apple iOS operating systems.

The Contractor shall not be responsible for providing such devices. The Solution must support the latest versions of the operating systems listed herein, and all major web browsers compatible with same.

For avoidance of doubt, touchscreen input capability is not a required functionality for the Solution.

Q43: Proposed Exception

RFP Reference: Part 3, Section 3.8

3.8.2 Location of Services: Contractor shall provide and use its own equipment for its staff providing the services. Other than the Training, as described in Section 3.4, which may be conducted on-site at the College’s option, CUNY will determine whether any other Services at any given point in time will be provided in-person or remotely, and Contractor shall comply with CUNY’s instructions regarding work location. CUNY reserves the right to require all Services to be provided in-person, or to be provided remotely.

Proposer is a remote-first company with staff around the world to provide 24/7 customer support. Technical staff with access to customer data reside globally. Due to the global nature of its business, Proposer cannot guarantee in-person services. As a SaaS solution, all training and services can be performed virtually.

A43: RFP Part 3, Section 3.8.2, Location of Services is hereby amended to read as follows:

Contractor shall provide and use its own equipment for its staff providing the services.

For avoidance of doubt, the College anticipates all provisioning of the Solution, training, and services to be performed virtually.

Q44: Proposed Exception

RFP Reference: Part 3, Section 3.8.5, Data Return Timeline

Regarding the termination provisions, Proposer requires 90 calendar days rather than ten

(10) to securely export, return, and certify the destruction of CUNY data across our distributed cloud architecture to meet rigorous compliance and security standards. Will CUNY accept a formal amendment extending the data return and certified destruction timeline from ten (10) calendar days to 90 calendar days following contract termination?

A44: RFP Part 3, Section 3.8.5, Return of CUNY Information at Termination is hereby amended to read as follows:

Within ninety (90) calendar days of termination of the Contract for any reason, Contractor shall, with respect to all CUNY documents and data, in whatever media, whether originally provided or created during performance of the Services:

3.8.5.1 return them to CUNY; and

3.8.5.2 provide independent certification of destruction of all copies not returned to CUNY.

SIGNATURE PAGE FOLLOWS

THIS ADDENDUM NO. 3 IS PART OF YOUR PROPOSAL, AND IS TO BE INCLUDED

WITH YOUR PROPOSAL RESPONSE. YOUR SIGNATURE BELOW WARRANTS

THAT YOU UNDERSTAND THIS ADDENDUM AND THAT YOU HAVE MADE THE

APPROPRIATE ADJUSTMENTS TO YOUR PROPOSAL AND CALCULATIONS. THE

COLLEGE RESERVES THE RIGHT TO REJECT PROPOSALS SUBMITTED

WITHOUT ALL ADDENDA PROPERLY SIGNED.

Signature

Title

Company Name

Date

Attachment A: Technical Requirements Checklist. RFP CSI-2603, Addendum No. 3

Digital Examination Assessment Solution

Respondent’s Name ………………….

No Requirement Yes No

Mandatory System Requirements

1 Solution complies the University’s “Information Technology Performance Requirements” incorporated herein as Attachment A, and Appendix B: Information Security. Respondent acknowledges and understands that award of a Contract is contingent on an IT Security Review approval.

2 Solution complies with Americans with Disabilities (ADA) compliance requirements, and has attached a WCAG 2.2 with its Proposal response.

3 Solution has single sign-on integration capabilities, and can be integrated with the University’s IT framework.

4 Solution includes access to an online support and/or help center that covers basic troubleshooting issues without direct Contractor intervention.

5 Solution has a notification feature in the event of a security breach, as well as an audit trail to indicate when users and/or administrators accessed the system.

Mandatory Content/Functional Requirements

6 Solution is capable of generating a variety of closed-ended question types, including but not limited to multiple choice, hot-spot highlighting, drag and drop, drop-down selections, matching, and spreadsheet completion, as well as open-ended question types including essay prompt and short written answers.

7 Solution is capable of creating and storing exam banks.

8 Solution is capable of automatically grading closed-ended questions.

9 Solution is capable of integrating written instructor feedback, either on specific open-ended questions, or on the overall exam result, as required.

10 Solution is capable of generating statistical analytics that are capable of interpreting individual student and student group performance, based on responses to questions. Examples of acceptable statistical analytics include, but are not necessarily limited to, point-biserial correlation, and Cronbach’s alpha measures. Additionally, the Solution’s analytics must be capable of providing descriptive statistics to indicate whether gaps in curriculum may exist and/or linked to learning outcomes.

11 The Solution has a tagging system for questions to allow for ease of organization for multiple class sections, and to assist in determining areas of strength or weakness in student’s understanding of material.

12 The Solution must anti-cheating functionalities as follows: (a) a secure lock-out feature that prevents an exam-taker from opening or modifying the web-browser tabs while an exam is in progress; (b) prevent copy-pasting and screen capture while an exam is in progress; and (c) capability to randomize the order of questions for each exam-taker, monitor inactivity, rapid clicks, and screen recording, to ensure integrity during a student’s exam attempt.

Optional Content/Functional Requirements

13 The Solution includes, as part of the license offered under the Proposal and at no additional cost to the College, additional cheating detection and prevention measures not listed in Mandatory Content/Functional Requirement #13 above.

If offered, Proposer shall include all additional functionalities available in its Technical and Management Proposal.

Signature Page Follows

Authorized Representative …………………………...

Signature …………………………...

Date …………………………...