RFP-HR01-25 COMPLIANCE AND LEARNING MANAGEMENT SYSTEM PROVIDER 2025.pdf

ORANGE COUNTY, NEW YORK

Department of General Services PO Box 218, 255-275 Main Street Goshen, New York 10924

RFP TITLE: COMPLIANCE AND LEARNING MANAGEMENT SYSTEM PROVIDER 2025 RFP-HR01-25

RFP Shell 7/2024

COMPLIANCE AND LEARNING MANAGEMENT SYSTEM PROVIDER

PO Box 218, 255-275 Main Street Goshen, New York 10924

TABLE OF CONTENTS

NOTICE TO OFFERORS

INSTRUCTIONS TO OFFERORS

INSURANCE REQUIREMENTS

BONDING REQUIREMENTS

SCOPE

SPECIFICATIONS

TERM

PRICING

PAYMENT

SUBMISSION OF PROPOSALS

BASIS OF AWARD

ANTICIPATED RFP TIMELINE

PROPOSAL FORM………………………………………………………………………………………………………………………………………..17-18

QUESTIONS

NON-COLLUSION CERTIFICATION

IRAN DIVESTMENT ACT CERTIFICATION

DISCLOSURE OF NON-RESPONSIBILITY DETERMINATIONS

INFORMATION SHEET

NON-OFFEROR'S RESPONSE

APPENDIX

AGREEMENT FOR CONSULTANT SERVICES

SUPPLIER FORMS

PAY-TO-PLAY FORMS

ACH FORM

PO Box 218, 255-275 Main Street Goshen, New York 10924

NOTICE TO OFFERORS

Proposals for the County of Orange RFP-HR01-25 COMPLIANCE AND LEARNING MANAGEMENT SYSTEM PROVIDER 2025 will be received by the undersigned Commissioner of the Department of General Services, in her office at 255- 275 Main Street, Goshen NY 10924, up to and including Thursday, October 23, 2025, at 4:00 P.M., prevailing time.

Copies of the Request for Proposals may be obtained beginning Monday, September 8, 2025 at the above address between the hours of 9:00 A.M. and 4:45 P.M., Monday through Friday (with the exception of County-observed holidays), as well as through https://www.bidnetdirect.com/new-york/county-of-orange.

September 8, 2025 Renee Arnold-O’Regan, Commissioner https://www.bidnetdirect.com/new-york/county-of-orange

PO Box 218, 255-275 Main Street Goshen, New York 10924

INSTRUCTIONS TO OFFERORS

Unless a Request for Proposal (RFP) is solicited directly by another County department, the only official distribution source for this RFP is through the Department of General Services. Additionally, most RFP documents issued by the Department of General Services are distributed through BidNet which can be accessed through https://www.bidnetdirect.com/new-york/county-of-orange. If you have obtained this RFP from a different source, you are encouraged to contact the Department of General Services to receive an official copy. You may not receive addenda or important information regarding this RFP if you are not registered with the Department of General Services as having obtained a copy of this RFP through the Department or through BidNet.

By submitting a Proposal, you are asking the County to accept your offer for the sale of goods and/or services. It is important that you READ and UNDERSTAND all terms and conditions in this RFP, as well as understand the laws that govern Public Contracts in New York State. If you do not agree with the terms and conditions contained in this RFP, you should not submit a Proposal.

Your Proposal will be considered by the County if the following conditions are met:

1. Pursuant to State Finance Law §139-j and §139-k, this solicitation includes and imposes certain restrictions on communications between the County and an Offeror during the procurement process. An Offeror is restricted from contacting other than designated staff from the earliest notice of intent to solicit offers through final award and approval of the Procurement Contract by the County Executive ("Restricted Period") unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j(3)(a). County employees are required to obtain certain information when contacted during the Restricted Period. The designated staff contact is the Commissioner of General Services or her representative, telephone (845) 291-2792. Offerors responding to this RFP must familiarize themselves with these State Finance Law requirements and will be expected to affirm that they understand and agree to comply on the Proposal Form.

2. Applicable Not Applicable A pre-proposal conference and site visit will be held at [location] on [date] at [time], prevailing time. Attendance is strongly recommended. The County shall not be liable for, nor shall it review proposed change orders, contract amendments, etc. for inadequate pricing, labor, materials, time or similar issues in Vendor/Consultant's contract with the County resulting from Vendor/Consultant's failure to attend and obtain information provided at the pre-proposal conference, site visit and/or any addenda issued afterward.

3. Offerors are responsible for reporting in writing any errors, omissions or ambiguities found in this RFP. All such reports, requests for information, questions, etc. shall be either faxed to the Department of General Services on the Questions Form found in this RFP at (845) 378-2365 or emailed to GeneralServices@orangecountygov.com with questions typed in the body of the email, and the subject line “RFP Questions”. No questions will be entertained by any other means. All questions must be submitted by Wednesday, September 24, 2025, at 4:00 P.M., prevailing time. Questions received after this time may not be addressed. Please be patient, questions will be answered in an Addendum/Addenda to be shared with all interested Offerors. Questions will not be responded to individually.

4. Unless otherwise specified herein, all Proposals shall be made upon forms furnished in this RFP, if any, and as may be modified by addenda, contained in sealed envelopes clearly marked on the outside packaging with RFP-HR01-25 COMPLIANCE AND LEARNING MANAGEMENT SYSTEM PROVIDER 2025 addressed to Renee Arnold-https://www.bidnetdirect.com/new-york/county-of-orange mailto:GeneralServices@orangecountygov.com

PO Box 218, 255-275 Main Street Goshen, New York 10924

O’Regan, Commissioner, Department of General Services, PO Box 218, 255-275 Main Street, Goshen, NY 10924 and received up to and including Thursday, October 23, 2025, at 4:00 P.M., prevailing time. If NOT sending your Proposal via U.S. Mail, (i.e., using FedEx, UPS, hand delivery, etc.) please use the following address: Orange County Department of General Services, 255-275 Main Street, Goshen NY 10924. It is the Offeror’s responsibility to clearly mark the outside of their mailing package with the RFP title and number. Faxed / E-mailed Proposals are not permitted. NO LATE BIDS WILL BE ACCEPTED - NO EXCEPTIONS!

5. ONE (1) UNBOUND, SINGLE-SIDED SET OF WHICH MUST CONTAIN ORIGINAL SIGNATURES including completed copies of any forms or certifications required in this RFP and two (2) UNBOUND, SINGLE-SIDED sets of all Proposals shall be submitted. Forms, if any, included in this RFP shall be completely filled in, in ink or by typing, on the original, unbound form. Failure to respond to this RFP on any official form(s) included in this RFP, may result in disqualification of a Proposal as non-responsive. No Proposal Form will be accepted which contains any modification to the template, additional information not specifically requested, omissions or erasures. Each Proposal Form shall be signed by a duly authorized individual on behalf of the Offeror. Illegible and unsigned Proposals will be rejected as non-responsive.

6. Permission will not be given to modify or explain any Proposal after it has been opened, unless clearly specified in this document (e.g. interviews). Permission to withdraw a Proposal prior to opening will be at the discretion of the County and no replacement Proposal may be submitted without authorization from the Commissioner of General Services. Opened Proposals which required a deposit for plans and specifications may not be withdrawn until forty-five (45) days after opening.

7. Basis of Award provisions vary with each RFP, please read that section carefully. Some RFPs may be awarded to more than one entity. The County reserves the right to waive any informality, reject any and all Proposals, or, if noted in the Basis of Award section of this RFP, accept any Proposal in whole or in part, if deemed to be in the best interest of the County.

8. Any award shall be subject to the execution of a contract (and, if applicable, license or other agreements) between the Offeror and the County. The County's contract obligation is contingent upon execution of the contract between the County and selected Vendor/Consultant, provision of required Pay-to-Play forms, insurance certificates and bonds, as applicable, by the Vendor/Consultant, and the availability of appropriated funds for the contract. No legal liability on the part of the County for payment of any money shall arise unless and until a contract is executed by both parties, funds are appropriated and made available in each year of the term of the contract, and all performance requirements for each payment are met. The County shall have no responsibility or liability for any of Offeror's costs related to preparation of Proposals, attendance at interviews, etc.; all such costs are solely at Offeror's risk and expense.

9. Offeror(s) awarded a contract agree to execute the contract in the same form as the template enclosed in this RFP in the timeframe, if any, indicated in this RFP. Any supplemental agreement(s) (e.g. licensing or maintenance agreements) requested by an Offeror must be included in the Proposal and are subject to the discretionary approval of the County Attorney and the County Executive. For any software required in the scope of services, include any proposed license or maintenance agreement(s) with your Proposal. Failure to reach agreement on contract terms and conditions may result in rejection of a Proposal, rescission of an award and/or retention of Proposal Security by the County.

PO Box 218, 255-275 Main Street Goshen, New York 10924

10. The County maintains a unilateral right to cancel or extend the contract in accordance with the terms of any contract resulting from this RFP. If a Vendor/Consultant fails to perform or otherwise breaches the contract, in addition to any other rights and remedies the County may have, the Vendor/Consultant may be listed as non-responsible and may be ineligible for future contract awards.

11. If Bid (Proposal) Security is required by this RFP; it must be included in the Proposal. If Performance and/or Payment Bonds are required by this RFP, Proposals must include a letter from the Offeror's bank or surety stating that the required letter of credit or bond(s) will be provided in the event of a contract. The letter of credit or bond(s) shall be provided for each year or relevant portion of the contract, as may be applicable.

12. Offerors should be properly registered to do business in the State of New York and furnish applicable certificates of authority/incorporation/partnership/dba, etc. with their Proposal.

13. The County encourages submission of Proposals by certified Minority- and/or Women-Owned Business Enterprises (MWBE) and/or Disadvantaged Business Enterprises (DBE).

14. A Non-Collusion Certification, Disclosure of Non-Responsibility Determination and Iran Divestment Act Certification are included in this RFP. Offerors must complete and submit a signed original of each and the applicable number of copies of each with each Proposal.

15. Supplier Forms are provided with this RFP. Offerors that have not received a purchase order in the last twelve

(12) months from the County must submit completed and signed Supplier Forms prior to execution of a contract by the County.

16. Please be advised that this solicitation is subject to Orange County Local Law No. 13 of 2013, as amended, known as the "Pay-to-Play Law". Pay-to-Play Forms will be made available with this RFP. All Pay-to-Play Forms should be submitted with your Proposal and will be required if you are awarded a contract. The Pay-to-Play Forms are required from the Vendor/Consultant (unless exempted by the law) prior to execution of a contract by the County.

17. Pursuant to New York’s Freedom of Information Law (“FOIL”) (Public Officers Law, Article 6, Sections 84-90) all government records are presumptively open for public inspection unless specifically exempted from disclosure under FOIL. Offerors who have a good faith belief that information contained in their Proposal is exempt from disclosure under FOIL must, at the time of their submission, request the exemption in writing, setting forth the basis for the claimed exemption. In addition, the Offeror must mark each page of its submission claimed to be exempt from disclosure under FOIL with the following legend: “THE OFFEROR BELIEVES THAT THIS INFORMATION IS PROTECTED FROM DISCLOSURE UNDER THE NEW YORK STATE FREEDOM OF INFORMATION LAW.” Neither the Offeror’s classification of materials as exempt under FOIL, nor the County’s acceptance of Offeror’s Proposal with the claimed exemption(s), should be considered a final determination as to whether the designated materials are exempt from disclosure under FOIL. Any and all determinations as to the propriety of claimed exemptions will be made by the County and/or a court of law in accordance with applicable law.

PO Box 218, 255-275 Main Street Goshen, New York 10924

INSURANCE REQUIREMENTS

During the term of the contract, or longer if required, Vendor/Consultant shall maintain, at its expense, Worker's Compensation, Disability and liability insurance policies of the types and minimum coverages specified in the enclosed contract template (e.g., Agreement for Vendor Services), as applicable. Certificates of insurance evidencing Vendor’s/Consultant's compliance with these requirements shall be required prior to execution of the contract by the County. Award is conditional upon submission of insurance documents within the time specified in the Notice of Award. Failure to do so may result in disqualification of the Offeror as non-responsive and/or the County's retention of any Proposal Security.

BONDING REQUIREMENTS

No Bond is required for this contract.

PO Box 218, 255-275 Main Street Goshen, New York 10924

SCOPE

The County of Orange (“County”), through its Department of Human Resources (“HR”) is seeking an experienced Compliance and Learning Management provider to both consult with County on required training programs and to offer customizable electronic learning management classes for such legally required courses. In addition, at the County’s option, the County wishes to have access to non-legally required, non-customized generic training courses.

Subjects to be covered as both mandatory and optional are described in the Specifications.

SPECIFICATIONS

A. BACKGROUND

Employers in New York State are required to offer certain training courses, which have changing requirements as prescribed by law. The County, as an employer of over 2,000 people, utilizes our own policies and procedures as part of compliance with the applicable laws.

The County, acting through the Commissioner of Human Resources (“Commissioner”), is seeking a Compliance and Learning Management System that:

1. Offers online courses with all legally required training relating to:

a. Sexual Harassment

b. Discrimination

c. Workplace Violence

d. Retaliation

Each such course must be (a) legally compliant as certified by an attorney of Offeror’s and (b) customizable to enable County to insert links to County policies and enable the County to, at the County’s option, have live action speaking by County employees inserted into such content. Offeror shall have the right to approve such inserts by the County, which approval shall not be unreasonably withheld. Such inserts by the County shall be capable of being modified in the event County policies/procedures/personnel utilized in such insert change.

2. Offers a variety of other Courses that the Offeror believes would be of value to the County. Such courses shall be at the discretion of the Offeror but shall remain available to County for the duration of the contract, subject to any updating for best practices by Offeror.

B. ELEMENTS OF TRAINING MECHANISM

1. Capacity to Effectuate Training

Offeror shall enable such training for employees designated by the County regardless of whether such employee has a County or other e-mail address. Offeror shall be able enable each employee to sign in/out via an employee identification number assigned by the County if a County e-mail address is unavailable for such employee.

PO Box 218, 255-275 Main Street Goshen, New York 10924

2. Use of Mobile Devices for Training

Offeror shall enable such training to be viewed on a mobile device (iPhone or Android phone) that the employee can log into securely with a personally identifiable email address assigned by the County or an employee identification number assigned by the County.

3. Capacity of Employee to Stop/Start Training

Offeror’s product shall be able to start and stop based on employee activity. This must enable an employee to be able to stop his or her training session at will and restart it at, or within five (5) minutes of, where such employee stopped his or her training session.

4. Mandatory stop if an employee closes out window or goes to another tab during training

If an employee closes out his or her computer window or moves to another tab or window, such training shall stop and shall not progress until the employee returns to the training tab.

5. Verification of Training Completion

Offeror’s product shall be able to provide electronic verification accessible to the Department of Human Resources designees of each employee’s completion of whichever training course such employee completed, identifying the name of the training course and the date of final completion.

6. Capacity of County to assign courses to employees

Offeror’s product shall enable the Department of Human Resources to assign courses to employees by email and employee identification number.

7. Pricing Structure

Offeror shall provide an “all-in” pricing structure for all Orange County employees. In order to price Offeror’s offer, Offeror should be aware that as of January, 2014, there were a total of 2,407 Orange County employees. As of January, 2025 there were a total of 2,178 Orange County employees. The County reserves the right to increase or reduce employee count in the County’s discretion.

8. Supplemental Pricing Structure

As this RFP contains a “piggybacking” clause, Offeror should propose a per employee price for any municipality in Orange County, New York, that wishes to utilize Offeror’s services. The County intends to make municipalities in the County aware of the availability of the training for such municipality in the event a municipality wishes to separately contract with Offeror for the same. The supplemental pricing structure will not be considered as part of the County’s overall scoring of RFP responses.

PO Box 218, 255-275 Main Street Goshen, New York 10924

C. MINIMUM QUALIFICATION

1. Identification of Statutorily mandated training and affirmation that such training requirements are satisfied by Offeror’s proposed training module.

To be considered, an Offeror must have an attorney licensed to practice law in New York State certify on behalf of Offeror that mandated New York State requirements for employee training are contained in the learning system proposed by Offeror. Such attorney, as part of the certification, shall list the training system titles dealing with (a.) Sexual Harassment; (b.) Discrimination; (c.) Workplace Violence; (d.)

Retaliation, and which sections of New York State Law such training satisfies. Such certification, in a form acceptable to the County Attorney for Orange County, New York, shall certify that the training to be provided is required of all employees in New York State. The training and the certification are not expected to address job-specific training requirements. By way of example and not limitation, the certification would not indicate that the training covers mandatory continuing legal education coursework for New York State attorneys. Rather, the training to be provided and certified is that training which all New York employers must provide to all employees.

2. In the event Offeror offers other statutorily mandated training other than that described immediately above, Offeror shall specify the title of such training and the section of New York State or Federal Law such training satisfies.

D. TURNAROUND TIME

Upon the award of a contract under this RFP, the legally mandated training described in C, immediately above shall be available within thirty (30) days to County.

TERM

1. The County anticipates that the term of a contract resulting from this RFP will be for a period of three (3) years, commencing on/about April 1, 2026 (“Initial Term”). The County reserves the right, exercisable in its sole discretion, to renew and extend the contract term for up to two (2) additional periods of one year or, at the County’s discretion, to renew and extend the contract term for one (1) additional period of two (2) years (each a “Renewal Term”) under no less favorable terms and conditions as the terms and conditions of the original RFP, unless alternate terms are specified in this RFP and/or the contract for renewals/extensions.

2. Upon expiration of the Initial Term or any Renewal Term, if elected by the County as stated above, such term may be further extended unilaterally by the County for an additional period of up to two (2) months under the same terms and conditions set forth in the initial contract including, but not limited to, quantities (prorated for such extension), prices, and delivery requirements. With the concurrence of Offeror, such short-term extension may be for a period of up to three (3) months in lieu of the up to two (2)-month period. Any such short-term extension shall be referred to as an “Extended Term.”

PO Box 218, 255-275 Main Street Goshen, New York 10924

PRICING

1. We do not accept any conditional Proposals (i.e.: minimum quantities, minimum dollar amount orders).

2. Pricing must be submitted on the provided Proposal Form.

3. The prices submitted shall be exclusive of federal and state sales taxes (or other taxes inapplicable to government entities) and must not include any tax for which the Offeror may claim exemption because of doing business with the County.

4. At no time shall any change to price and product specification be permitted for the entire term of the award, except where an item has been replaced by another item due to obsolescence. In this instance, the County must approve a change of product in a written change order for it to be valid. In the event a product substitution is approved, no change in price will be permitted except when the price will be equal to or lower than the originally awarded price.

5. The proposed Scope and Specifications are not a guarantee, were developed based on past or anticipated needs, and are as accurate as the County can ascertain at the time of issuance of this RFP. When an anticipated volume or other quantities or goods or services are listed, the County has listed these either based upon a history of usage over a previous period or anticipated need. The County in no way guarantees that the actual quantities listed will be ordered. When volume or quantities are listed, the Offeror should understand that the actual volume or quantities may be more or less, depending on the actual needs of the County. The Offeror shall hold the County harmless against any damages because of estimated volume or quantities. In the event quantities exceed the estimate, the County shall receive the price as listed in the award or, if a better price is available at that time, that price shall be passed on to the County.

PAYMENT

1. Payment shall be made in accordance with the payment/compensation provisions of the contract template provided with this RFP.

2. The County is able to offer the payment choices listed below. The payment time in standard County contracts is typically 30 days for Public Improvement Projects and 60 days for all other contracts. Generally, the County is able to process payments more quickly than those stated timeframes. However, the options for payment choices below are listed in order of speed:

a. Electronic Funds Transfer (EFT) via Automated Clearing House (ACH) – Please complete the form enclosed with this RFB.

b. Check

PO Box 218, 255-275 Main Street Goshen, New York 10924

SUBMISSION OF PROPOSALS

Unless otherwise noted below, one (1) UNBOUND signed original (as applicable to the document type) and the number of copies specified in Item #5 of the Instructions to Offerors, of each of the following items should be submitted in your Proposal package- It is NOT necessary to include a copy of the entire RFP in your Proposal package only the items required below. Proposals must include:

1. Completed and signed Proposal Form

You may answer the questions 2 and 3 below, numbered, on a separate attachment. Please ensure the numbers correspond to the questions below.

2. Background and Experience: Provide a brief history of your business and experience with similar projects.

Identify the leadership of Offeror, the background of the designated Point of Contact of Offeror, and the name and C.V. of any licensed attorney who will make the certification(s) required by the Specifications. Note that Offeror’s must maintain an attorney in good standing in the State of New York throughout the contract period who will provide such required certifications.

3. Technical Proposal Narrative: Describe how Offeror will perform the required work described in the Specifications section of this RFP :

a. Provide a statement describing the scope of work as you understand it, and how you propose the work will be done. Describe the approach, means, methods to be used to provide the training required by the Specifications.

b. Provide a list of training courses (by title) which meet New York State’s mandatory training for employers.

c. Provide a catalog of course titles Offeror will provide to the County outside of such mandatory training which shall be accessible without additional charge to County employees.

d. Describe:

(i) How employees with and without County emails will be able to access the training.

(ii) Describe whether mobile devices (iPhones or Android phones) will be able to access the training and how that will be done. For example, is there a website where the employee enters a code specific to Orange County, NY and then a user identifier to select and view courses?

(iii) How will Orange County Human Resources staff be able to verify completion by each employee of the various training courses by name. Explain how, for example, if Orange County were to be audited, Orange County could demonstrate the employees who complete the various training courses and which courses they completed.

(iv) How employees can pause, stop and start/re-start each course through to completion?

(v) What happens if an employee migrates away from the course? Explain how the course stops and what must be done to re-start the course.

(vi) How can Orange County Human Resources assign courses to employees with County email addresses? With a cellular phone number? With a non-county email address?

4. Pricing: Must be on the Proposal Form.

5. References: Scoring for this RFP will include an experience component. In order to maximize scoring opportunities, Offeror should provide names and contact information for up to three (3) clients wherein similar projects have been completed, references for New York government entities are preferable, but not required.

PO Box 218, 255-275 Main Street Goshen, New York 10924

6. Non-Collusion Certification

7. Iran Divestment Act Certification

8. Disclosure of Non-Responsibility Determination (copy of instruction page not required)

9. Certificate of Authority/Incorporation/Partnership/dba, etc., as applicable to your business entity

10. Proposal Security and/or letter from bank or surety if requested in the Bonding section of this RFP

11. Manufacturers' Warranties, as applicable

12. Supplier Forms (if not already a current Orange County awarded vendor)

13. All Pay-to-Play Forms should be submitted with your Proposal and will be required if you are awarded a contract. The Pay-to-Play Forms are required from the Vendor/Consultant (unless exempted by the law) prior to execution of a contract by the County. (Due to an exemption in the Pay-to-Play Law, Government Entities and School Districts do not need to complete Pay-to-Play forms.)

14. Information or other materials to be included, only as requested in the Specifications

15. Any supplemental agreements (e.g. a licensing agreement) requested by an Offeror must be included in the Proposal and are subject to the discretionary approval of the County Attorney and the County Executive. For any software required in the Specifications, include any proposed license or maintenance agreements with your Proposal. Offeror awarded a contract agrees to execute the contract in the same form as the template enclosed in this RFP and in the timeframe, if any, indicated in this RFP. Failure to reach agreement on contract terms and conditions may result in rejection of a Proposal, rescission of an award and/or retention of Proposal Security by the County.

ALL SUBMISSIONS MUST BE CLEARLY MARKED ON THE OUTSIDE PACKAGING WITH THE RFP TITLE AND NUMBER.

INSURANCE: While not required in the Proposal package, Offerors are reminded that Certificates of Insurance evidencing Vendor's/Consultant's compliance with the Insurance requirements of this RFP must be provided prior to execution of the contract by the County. The number of days for submission may vary but it may be less than one business week, please be prepared. FAILURE TO SUBMIT INSURANCE DOCUMENTS MAY RESULT IN DISQUALIFICATION OF THE VENDOR/CONSULTANT AS NON-RESPONSIVE AND/OR THE COUNTY'S RETENTION OF

PROPOSAL SECURITY.

PO Box 218, 255-275 Main Street Goshen, New York 10924

BASIS OF AWARD

1. There will be a preliminary score given of up to seventy-five (75) points plus up to six (6) bonus points. The three (3) highest scoring entities will then be asked to demonstrate their product to the evaluation committee and after the same, up to additional twenty-five (25) points will be made available.

2. The award of a contract pursuant to this RFP, if any, will be made to the responsible Offeror whose proposal is determined to be in the best interest of the County and in accordance with New York General Municipal Law § 104-b, taking into consideration the following criteria:

Item Preliminary Score Criteria Point Value

A.

Technical Proposal Offeror’s proposal demonstrates an ability to meet (or exceed) the requirements detailed in the Specifications portion of this RFP, and a thorough understanding of the services to be performed.

0 – 25

B.

Organizational Background, Staffing, Qualifications/Experience, References. Offeror’s proposal and interview, if conducted, (i) establishes that Offeror possesses the required qualifications identified in the Specifications portion of this RFP, (ii) demonstrates sufficient staffing to perform the required services, (iii) exhibits prior experience in performing the services, (iv) demonstrates competence and capability to perform the services in a satisfactory manner and in the required timeframe. Any additional information provided by offeror that distinguishes offeror in its service to the County may be considered in evaluating this criterion.

C.

Cost Proposal Offeror’s total cost to County on an annual basis, understanding that the County as of January, 2025 has 2,178 full time and part time employees and elected officials and such number may fluctuate. The Couty is seeking a firm cost, not a cost per employee to provide the services described in the RFP. For context, the County had 2,407 full time and part time employees and elected officials in January of 2014.

Cost may be increased by Offeror annually if such increase is detailed in the proposal form.

Small Business (see definition below) +2 additional points

Certified Minority- Women-Owned Business Entity (see definition below)

+2 additional points

Certified Service-Disabled Veteran-Owned Business Enterprise (see definition below)

+2 additional points

TOTAL MAXIMUM POINTS AVAILABLE PRIOR TO FINAL SCORING

CONSIDERATION

+ up to 6 additional points

PO Box 218, 255-275 Main Street Goshen, New York 10924

3. Each proposal will be scored against each criterion above using the rating scale below, in accordance with the weight given to the applicable point range for that criterion in the following table:

Item

Points Awarded if Proposal Does Not

Meet Criterion Requirements /

Expectations

Points Awarded if Proposal Partially Meets Criterion Requirements /

Expectations

Points Awarded if Proposal

Meets Criterion Requirements /

Expectations

Points Awarded if Proposal Partially Exceeds Criterion Requirements /

Expectations

Points Awarded if Proposal Exceeds

Criterion Requirements / Expectations in every category

A 0 6 12 20 25

B 0 6 12 20 25

C 0 6 12 20 25

4. The County will then request demonstrations by up to three (3) Offerors to grant up to twenty-five (25) additional points based on the evaluation committee members on (a) efficient use of time to provide required training; (b) level of interest in the training of users; (c) whether the product evaluation team determines the service is easy to use and meets the technical specifications. This will be scored via inviting any finalists determined by the evaluation committee to provide access to sample learning systems in the areas of (a) discrimination; and (b) retaliation and

(c) any non-legally required learning topic of offeror’s choice.

5. The submission of a Proposal implies the Offeror's acceptance of the evaluation criteria and acknowledgment that subjective judgments must be made by the evaluation committee. Award of any contract(s) shall be made to the responsible Offeror(s), whose Proposal(s) is(are) determined to be in the best interest of the County.

6. The County reserves the right to: accept other than the lowest priced offer, waive any informality, or reject any or all Proposals, with or without advertising for new Proposals, if in the best interest of the County.

7. “Small Business", as defined in New York State Executive Law §310(20) and the implementing regulation in Title 5 New York Code of Rules and Regulations (NYCRR) §140.1(gg), means "[a] business which has a significant business presence in the State, is independently owned and operated, and is not dominant in its field, but in no event employs more than three hundred people. In determining whether the enterprise meets the definition of a small business as provided [in 5 NYCRR §140.1(gg), consideration shall be given to federal small business administration standards prescribed in 13 CFR Section 121.201, effective as of August 22, 2008. A copy of 13 CFR Section 121.201 can be accessed at the Office of Size Standards, Small Business Administration, 409 3rd Street, SW Washington, DC 20416."

8. “Certified Minority- and/or Women-Owned Business Enterprise", as defined in New York State Executive Law §310(1), (7) and (15), means a business certified pursuant to New York State Executive Law §314 and registered in the New York State Empire State Development Division of Minority and Women's Business Development's MWBE Certified Directory database. To learn more about certification, please refer to: https://ny.newnycontracts.com/FrontEnd/VendorSearchPublic.asp?TN=ny&XID=4687

9. "Certified Service-Disabled Veteran-Owned Business Enterprise" as defined in New York State Executive Law §369-h(1) means “a business enterprise, including a sole proprietorship, partnership, limited liability company or corporation that is:

(a) at least fifty-one (51) percent owned by one or more service-disabled veterans;

https://ny.newnycontracts.com/FrontEnd/VendorSearchPublic.asp?TN=ny&XID=4687

PO Box 218, 255-275 Main Street Goshen, New York 10924

(b) an enterprise in which such service-disabled veteran ownership is real, substantial, and continuing;

(c) an enterprise in which such service-disabled veteran ownership has and exercises the authority to control independently the day-to-day business decisions of the enterprise;

(d) an enterprise authorized to do business in this state and is independently-owned and operated;

(e) an enterprise that is a small business which has a significant business presence in the state, not dominant in its field and employs, based on its industry, a certain number of persons as determined by the director, but not to exceed three hundred, taking into consideration factors which include, but are not limited to, federal small business administration standards pursuant to 13 CFR part 121 and any amendments thereto;

and

(f) certified by the Office of General Services.

ANTICIPATED RFP TIMELINE

All dates except for the Proposals Due date are approximate and subject to change, unless otherwise noted. Any change in the Proposals Due date will be made by an Addendum to the RFP issued by the County.

Release of this RFP: 9/8/2025

Deadline for submission of questions: 9/24/2025

Deadline of submission for proposals: 10/23/2025 by 4:00 P.M

Evaluation of proposals and selection: Fifteen (15) days after proposals submitted

Interview finalists (interviews may be remote or in person based on preference of Offeror): Within thirty (30) days after the up to top three (3) scoring

Offerors are notified that they are in the top three (3) scoring group of Offerors.

Finalization and Award of Contract to be followed by commencement of the Work will be completed as soon as possible thereafter with a goal of training starting in the month of April 1, 2026.

PO Box 218, 255-275 Main Street Goshen, New York 10924

PROPOSAL FORM – PAGE 1 OF 2

BUSINESS NAME: ______________________________________________________________________________

BUSINESS ADDRESS: ____________________________________________________________________________

NAME, TITLE, TELEPHONE, FAX AND EMAIL OF CONTACT PERSON: _______________________________________

Does this business have a minority, women's, disadvantaged, or small business certification? Yes No

If yes, please list the designation(s) and the certifying entity(ties) ________________________________________

Description Price per Year

Lump Sum Total for Work described in the Specifications for Orange County and its County employees.

Year 1 Year 2 Year 3 Year 4 Year 5

Note that the last two (2) years are renewable at the option of the County as described in the Term.

Supplemental pricing on a per user basis if an Orange County municipality wanted to piggyback off this contract and utilize the same training.

Year 1 Year 2 Year 3 Year 4 Year 5

List price per year per user from years 1 - 5:

The undersigned proposes to furnish and deliver the services described in RFP-HR01-25 COMPLIANCE AND LEARNING MANAGEMENT SYSTEM PROVIDER 2025 and its responding Proposal to the County of Orange, at the prices stated in the Proposal submitted. The individual submitting this Proposal on behalf of the business entity noted above, certifies by their signature below that:

PO Box 218, 255-275 Main Street Goshen, New York 10924

PROPOSAL FORM – PAGE 2 OF 2

• they understand and have complied with the requirements of State Finance Law Sections 139-j and 139-k and will continue to do so throughout the Restricted Period;

• they have read and understood the full Request for Proposal cited above; and

• they are duly authorized to submit this Proposal on behalf of the business entity noted above.

Additionally, by submission of this RFP, the person signing on behalf of the business entity noted above certifies, and in the case of a joint quote each party thereto certifies as to its own organization, under penalty of perjury, that the business entity submitting this quote has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees.

Such policy shall, at a minimum, meet the requirements of Section 201-g of the New York State Labor Law.

By: ____________________________________ Date: _____________________________ (Signature)

Name Federal Tax ID Number

Title DUNS Number, if applicable

ADDENDA CONFIRMATION (Offerors should only complete this section if any addenda were issued for this RFP.)

Addendum #____ - Received __________________, 20___ Initialed by person signing above _________

PO Box 218, 255-275 Main Street Goshen, New York 10924

QUESTIONS

ALL QUESTIONS REGARDING THIS RFP MUST BE ON THIS FORM and either faxed to the Department of General Services at (845) 378-2365 or emailed to GeneralServices@orangecountygov.com with questions typed in the body of the email, and with the subject line “RFP Questions”, by the time and date specified in the Instructions to Offerors. Questions will be answered in an Addendum/Addenda to be shared with all interested Offerors.

Questions will not be responded to individually.

Business Name ________________________________________________________________________________

Business Email: _______________________________________________________________________________

Telephone ______________________ Fax __________________________ Date _____________________ mailto:GeneralServices@orangecountygov.com

PO Box 218, 255-275 Main Street Goshen, New York 10924

NON-COLLUSION CERTIFICATION

(a) “By submission of this Proposal, each Offeror and each person signing on behalf of any Offeror certifies, and in the case of a joint Proposal each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief:

(1) The prices in this Proposal have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Offeror or with any competitor.

(2) Unless otherwise required by law, the prices which have been quoted in this Proposal have not been knowingly disclosed by the Offeror and will not knowingly be disclosed by the Offeror prior to opening, directly or indirectly, to any other Offeror or to any competitor; and

(3) No attempt has been made or will be made by the Offeror to induce any other person, partnership or corporation to submit or not to submit a Proposal for the purpose of restricting competition.”

(b) A Proposal shall not be considered for award, nor shall any award be made where the provisions of (a)(1)(2) and (3) above have not been complied with; provided however, that if in any case the Offeror cannot make the foregoing certification, the Offeror shall so state and shall furnish with the Proposal a signed statement which sets forth in detail the reasons therefore. Where (a)(1)(2) and (3) above have not been complied with, the Proposal shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the political subdivision, public department, agency or official thereof to which the Proposal is made, or his designee, determines that such disclosure was not made for the purpose of restricting competition.

The fact that an Offeror (a) has published price lists, rates, or tariffs covering items being procured, (b) has informed prospective customers of proposed or pending publication of new or revised price lists for such items, or (c) has sold the same items to other customers at the same prices being proposed, does not constitute, without more, a disclosure within the meaning of subparagraph (a)(1)-(3) of this certification.

Any Proposal hereafter made to any political subdivision of the state or any public department, agency or official thereof by an Offeror for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute, rule, regulation, or local law, and where such Proposal contains the certification referred to in subparagraph (a)(1)-(3) of this certification, shall be deemed to have been authorized by the board of directors of the Offeror, or other authorizing body or vote of the offeror’s business entity if other than a corporation, and such authorization shall be deemed to include the signing and submission of the Proposal and the this Non-Collusion Certification as the act and deed of the corporation or other business entity submitting the Proposal.

DATE SIGNATURE

NAME

TITLE

BUSINESS NAME

PO Box 218, 255-275 Main Street Goshen, New York 10924

IRAN DIVESTMENT ACT CERTIFICATION

The Iran Divestment Act of 2012 (“Act”), Chapter 1 of the 2012 Laws of New York, added State Finance Law (SFL), §165-a and General Municipal Law §103-g, effective April 12, 2012. Under the Act, the Commissioner of the New York State Office of General Services (“OGS”) developed a list (“Prohibited Entities List”) of “persons” who are engaged in “investment activities in Iran” (both are defined terms in the law). In accordance with SFL § 165-a(3), the Prohibited Entities List may be found on the OGS website at http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf.

Pursuant to General Municipal Law §103-g, by signing below, Offeror certifies as true under the penalties of perjury that:

By submission of this proposal each Offeror and each person signing on behalf of any Offeror certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each Offeror is not on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the State Finance Law.

A proposal shall not be considered for award, nor shall any award be made where the certification has not been made, provided, however, that if in any case the Offeror cannot make the certification, the Offeror shall so state and shall furnish with the proposal a signed statement which sets forth in detail the reasons therefor. The County may award a contract to an Offeror who cannot make the required certification on a case-by-case basis if:

1. The investment activities in Iran were made before April 12, 2012, the investment activities in Iran have not been expanded or renewed after April 12, 2012, and the person has adopted, publicized, and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or

2. The County makes a determination that the goods and services are necessary for the County to perform its functions and that, absent such an exemption, the political subdivision would be unable to obtain the goods or services for which the contract is offered. Such determination shall be made in writing and shall be a public document.

During the term of the Contract, should the County receive information that a person is in violation of the above-referenced certifications, the County will offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment which is in violation of the Act within 90 days after the determination of such violation, then the County shall take such action as may be appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the contractor in default.

The County reserves the right to reject any Proposal, Proposal, contract or request for assignment for an entity that appears on the Prohibited Entities List prior to the award or execution of a contract or any renewal thereof, as applicable, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the Prohibited Entities List after contract award.

DATE SIGNATURE

BUSINESS NAME NAME

TITLE

http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf

PO Box 218, 255-275 Main Street Goshen, New York 10924

INSTRUCTIONS FOR COMPLETING THE DISCLOSURE OF PRIOR NON-RESPONSIBILITY DETERMINATIONS

Background:

New York State Finance Law §139-k(2) obligates a Governmental Entity to obtain specific information regarding prior non-responsibility determinations with respect to State Finance Law §139-j. In accordance with State Finance Law §139-k, an Offeror must be asked to disclose whether there has been a finding of non-responsibility made within the previous four (4) years by any Governmental Entity due to: (a) a violation of State Finance Law §139-j or

(b) the intentional provision of false or incomplete information to a Governmental Entity. The terms “Offeror” and “Governmental Entity” are defined in State Finance Law § 139-k(1). State Finance Law §139-j sets forth detailed requirements about the restrictions on Contacts during the procurement process. A violation of State Finance Law §139-j includes, but is not limited to, an impermissible Contact during the restricted period (for example, contacting a person or entity other than the designated contact person, when such contact does not fall within one of the exemptions).

As part of its responsibility determination, State Finance Law §139-k(3) mandates consideration of whether an Offeror fails to timely disclose accurate or complete information regarding the above non-responsibility determination. In accordance with law, no Procurement Contract shall be awarded to any Offeror that fails to timely disclose accurate or complete information under this section, unless a finding is made that the award of the Procurement Contract to the Offeror is necessary to protect public property or public health safety, and that the Offeror is the only source capable of supplying the required Article of Procurement within the necessary timeframe.

Instructions:

The County of Orange includes the following disclosure request regarding prior non-responsibility determinations in accordance with State Finance Law §139-k in its solicitation of Proposals or Bid documents or specifications or contract documents, as applicable, for Procurement Contracts. The attached form is to be completed and submitted by the individual or entity seeking to enter into a Procurement Contract, Supplement or Change Order. It shall be submitted to with your Bid or Proposal to the County agency conducting the Governmental Procurement.

The following disclosure form must accompany each Bid…