RFP LEH2732NUR.pdf
PDF 2 MB Posted
- Solicitation number
- 2135027
- Issued by
- Bronx County, New York
About this file
This is a Request for Proposals (RFP) issued by Herbert H. Lehman College, a constituent institution of the City University of New York (CUNY), seeking comprehensive nursing education resources and tools to enhance student success in both undergraduate and graduate nursing programs. The solicitation seeks a single vendor to provide customized exams, standardized assessments, practice tests, case studies, clinical skills videos, adaptive quizzing tools, simulation-based learning resources, and faculty training and support for approximately 350 undergraduate and 100 graduate nursing students annually. Key deliverables include customized unit and final exams aligned with Next Generation NCLEX (NGN), ANCC, and AANP standards; standardized exams with remediation and reporting options; virtual simulations; NCLEX preparation workshops; and a minimum of 40 hours of faculty training with both onsite and virtual delivery options. The mandatory pre-proposal conference is scheduled for June 4, 2026, at 11:00 AM, with written questions due by July 9, 2026, at 2:00 PM. Proposals are due August 5, 2026, at 1:00 PM. CUNY anticipates awarding one contract with a five-year term commencing on or after January 1, 2027, contingent on required approvals by the New York State Attorney General and Comptroller.
Proposals will be evaluated on a best-value basis using a 100-point scoring system: minimum qualifications (pass/fail), diversity practices questionnaire (5 points), technical and management proposal (65 points), price proposal (25 points), and product demonstration for short-listed proposers (5 points). Proposers must demonstrate at least three years of experience providing comparable nursing education resources and a verifiable five-year operating history with at least four similar-sized clients. CUNY has established supplier diversity participation goals requiring proposers to submit either a Supplier Diversity Utilization Plan documenting minority and women-owned business enterprise (MWBE) and service-disabled veteran-owned business (SDVOB) participation or a Request for Waiver with supporting documentation. Pricing must include line-item costs for implementation, initial training, ongoing training, customer support, and annual per-student fees for both undergraduate and graduate resources across all five contract years. All proposed contractors must maintain commercial general liability insurance of at least $1 million, professional liability/errors and omissions insurance of $2 million, and umbrella liability coverage of $5 million. The University is exempt from state and local sales taxes, which must not be included in pricing. Contract award is subject to approval by the New York State Attorney General, State Comptroller, and availability of funds.
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| Addendum1-RFP LEH2732NUR.pdf |
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Text version
REQUEST FOR PROPOSALS
ISSUED ON BEHALF OF
HERBERT H. LEHMAN COLLEGE
Comprehensive Nursing Education Resources to Enhance Student Success
RFP #LEH2732NUR
Issue Date: 05/12/2026 Proposal Submission Due: 08/05/26 01:00 PM
Designated Contact:
Raj Mohabir – Purchasing Agent Herbert H. Lehman College 250 Bedford Park Boulevard West Bronx, New York 10468 E-mail: Raj.Mohabir@lehman.cuny.edu
RFP LEH2732NUR – Comprehensive Nursing Education Resources
Lehman College, CUNY
Table of Contents
Part 1: Key Events and Dates; Designated Contacts; Proposal Due Location; Contract Term
Part 2: Proposer Qualifications and Requirements; and Diversity Participation Goals
Part 3: Project Objectives and Scope; Detailed Specifications and Deliverables and Certain Contract Specific Provisions
Part 4: Technical and Management Proposal Requirements (Proposal Volume II)
Part 5: Proposal Price Breakdown Pages (Proposal Volume III)
Part 6: Proposal Scoring Criteria and Weights
Part 7: Terms and Conditions of Contract
Part 8: Service Level Agreement (if applicable)
Part 9: Supplier Diversity Provisions
Part 10: Important Notices to Proposers
FORMS THAT MUST BE SUBMITTED WITH THE PROPOSAL
□ Form 1: Proper Information and Authorized Signature; Acceptance of Contract Terms; Proper Certifications; Confidential Information; Signed RFP Addenda; and References
□ Form 2: Offeror’s Affirmation of Understanding of And Agreement pursuant to State Finance Law § 139-j(3) and § 139-j(6)(b)
□ Form 3: Offeror’s Disclosure of Prior Non-Responsibility Determinations and Certification of Compliance with State Finance Law § 139-j and § 139-k
□ Form 4: Diversity Practices Questionnaire
□ Form 5: Supplier Diversity (M/WBE/SDVOB) Utilization Plan and/or Supplier Diversity
(MWBE/SDVOB) Request for Waiver Form. Also see Supplier Diversity Provisions in Part 9.
□ Form 6: RFP Checklist
FORMS THAT CUNY MAY REQUIRE FROM THE PRESUMPTIVE AWARDEE
If required by CUNY, the Presumptive Awardee selected as a result of this solicitation (the “Presumptive Awardee”) shall complete, sign, and submit the following forms and certifications as described in Section 2.3.5 through 2.3.12 of Part 10 of this RFP.
□ Form 7: Executive Law Article 15-A – Minority and Women-Owned Business Enterprises and Equal Employment Opportunity Policy Statement
□ Form 8: Evidence in form and substance satisfactory to the University that the Contractor maintains workers’ compensation coverage and disability insurance coverage as required by the New York State Workers’ Compensation Law, or is exempt from this requirement
□ Form 9: New York State Vendor Responsibility Questionnaire (NYS VendRep)
□ Form 10: New York City Vendor and Principal Questionnaire (NYC PASSPort)
Lehman College, CUNY
FORMS THAT THE CONTRACTOR MUST SUBMIT UPON REQUEST BY CUNY BEFORE,
DURING AND AFTER THE PROPOSED CONTRACT TERM
□ Form 11: CUNY Substitute W-9 Form
□ Form 12: Workforce Utilization Report
□ Form 13: Supplier Diversity (MWBE/SDVOB) Quarterly Contractor Compliance & Payment Report
□ Form 14: State Consultant Services – Contractor’s Planned Employment (Consultant Disclosure Form A)
□ Form 15: State Consultant Services Contractor’s Annual Employment Report (Consultant Disclosure Form B)
□ Form 16: Tax Law §5-a, Form ST-220-CA – Contractor Certification (Contractor to send to the University)
□ Form 17: Tax Law §5-a, Form ST-220-TD – Contractor Certification (Contractor to send to the State)
□ Form 18: Certified Weekly Payroll Report
□ Form 19: Contractor’s Safety Protocols
□ If requested by the University, an Accessibility Conformance Report (“ACR”) or a completed Voluntary Product
Accessibility Template (“VPAT”) (If requested by University, MUST be submitted by Proposer, reviewed, verified, and accepted by CUNY prior to award of Contract, and Proposer MUST provide test temporary credentials for the appropriate University staff person to perform a test of the Services to ensure the Services meet the requisite accessibility standards)
Part 1: Key Events and Dates; Designated Contacts; Proposal Due Location; Contract Term
Key Events and Dates
Action Date CUNY issues RFP for Comprehensive Nursing Education Resources to Enhance Student Success Tuesday, May 12, 2026
Procurement Lobbying Law Restrictions Begin Tuesday, May 12, 2026
Mandatory Pre-Proposal Conference/Site-Visit* Thursday June 4, 2026 @ 11:00 am Sharp located in Shuster Hall Room 018
Submission of Written Questions Due Date 1 Wednesday June 17, 2026 @ 2:00 pm
Submission of Written Questions Due Date 2 Thursday July 9, 2026 @ 2 pm Proposal Submission Due Date and Time Wednesday August 5, 2026 @ 1:00 pm Sharp
*Proposers are advised to read all sections of this RFP document carefully, with emphasis on all terms and conditions. By tendering a response to this RFP, each proposer agrees that it accepts all terms and conditions in the package without exception. If a vendor requires clarification on, or seeks to propose an exception to, any of the terms and conditions contained in the RFP package, all such requests must be made in writing prior to the Questions Deadlines listed above.
Proposed exceptions will be evaluated on a case-by-case basis, and determinations will be published in a subsequent addendum. Proposers are not to rely upon an exception agreed to for a prior contract award to govern the terms of this RFP – all proposed exceptions must be introduced and incorporated via addendum issued specifically for this solicitation.
A proposer who submits exceptions to the RFP after the Q&A Period may result in the proposer’s submittal behind deemed non-responsive by the University.
Lehman College, CUNY
CUNY reserves the right to amend any or all of the above dates and will issue such change in writing.
I. Designated Contact(s):
In compliance with the Procurement Lobbying Law, the individual(s) identified below are the Designated Contact(s) for this Request for Proposals solicitation and may be contacted for all inquiries regarding this solicitation:
Herbert H. Lehman College 250 Bedford Park Boulevard West Bronx, New York 10468 Attention: Raj Mohabir – Purchasing Agent E-mail: Raj.Mohabir@lehman.cuny.edu
New York State Procurement Lobbying Law permits rejection of a Proposal if a Proposer has made any unauthorized contact during the Restricted Period (as defined in the Procurement Lobbying Law). Multiple violations of procurement lobbying restrictions regarding permissible contacts may lead to a Proposer’s being debarred from participating in future New York State procurements.
II. Proposal Due Location:
Herbert H. Lehman College 250 Bedford Park Boulevard West Bronx, New York 10468 Attention: Raj Mohabir – Purchasing Agent E-mail: Raj.Mohabir@lehman.cuny.edu
CUNY is not responsible for the delivery or submission of Proposals. Only Proposals that are sent, and accepted by the Designated Contact, shall be accepted. CUNY is not responsible for Proposals received after the deadline, regardless of the reason for lateness. On a case by case basis, CUNY may deem it acceptable for Proposals to be submitted via e-mail. In that instance, Proposals submitted via e-mail require scans of original (wet) signatures and notarizations to be considered a valid Proposal. Proposer must submit its Proposal (including any excel spreadsheets) clearly labeled with Proposer’s name and the RFP’s Project name via e-mail with three (3) separate pdf attachments clearly named for Volume I (Forms), Volume II (Technical Proposal), and Volume III (Price Proposal).
III. Anticipated Number of Contracts
CUNY anticipates awarding one (1) contract(s) based on an evaluation of best value, as further described in Part 6 of this RFP.
IV. Anticipated Contract Term:
The Contract Term will be five (5) years, commencing on the date that the Contract is approved by the Attorney General and the New York State Comptroller. CUNY estimates that the start date will be approximately January 1, 2027, however CUNY makes no representation that the Contract will commence on or near that date.
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RFP LEH2732NUR – Comprehensive Nursing Education Lehman College, CUNY
Part 2: Proposer Qualifications and Requirements; and Diversity Participation Goals
Paragraph I: Minimum Proposer Qualifications [mandatory qualifications]:
CUNY is seeking (an) appropriately qualified firm(s) with experience in providing these Services. To be considered for Contract award, the Proposer and any Subcontractor(s) must meet the following minimum qualifications:
a. Proposer must have at least three (3) years of experience in providing similar services comparable in size, scope, and complexity to those required by the contract that results from this solicitation, for providing comprehensive nursing program educational resources and tools designed to enhance student success in the College’s nursing programs.
b. Proposer must have a verifiable operating history of at least five years with at least four (4) clients that are similar in scope and/or size to Lehman College’s Nursing Program.
Proposer’s Subcontractors must also possess appropriate qualifications and an acceptable level of experience, as determined by CUNY in its sole discretion.
Paragraph II: Non-Mandatory Proposer Qualifications:
N/A
Paragraph III: Supplier Diversity Participation Goals
As part of the proposer's response, a Supplier Diversity — MWBE/SDVOB Utilization Plan or a Request for Waiver form that is accompanied by supporting documentation must be submitted in order for the proposal to be considered responsive. The selected Contractor will be required to complete a Quarterly Contractor Compliance & Payment Report accompanied by proof of payment to MWBE/SDVOB Subcontractor(s), in such format as shall be required by CUNY on a quarterly basis during the term of the contract. Sample CUNY Supplier Diversity forms and reports may be found at https://www1.cuny.edu/sites/selltocuny/.
Part 3: Project Objectives and Scope; Detailed Specifications and Deliverables; and Contract-Specific Provisions
3. Project Objectives and Scope:
The City University of New York on behalf of Lehman College (the “College”) is seeking proposals from qualified vendors to provide comprehensive educational resources and tools designed to enhance student success in the College’s nursing programs. The selected vendor will provide a complete review and testing solution that offers reliable assessments and preparation products that enable the College’s nursing program to analyze and improve student performance. These solutions must align with the program curriculum and address the education needs of students as they prepare for the Next Generation NCLEX (NGN) and their professional nursing careers.
The Lehman College Department of Nursing offers rigorous undergraduate and graduate nursing programs designed to prepare students for successful nursing careers. Our Bachelor of Science in Nursing (BSN) program equips students with clinical reasoning, technical proficiency, and professional skills needed for evidence-based practice. It is composed of 3 programs: a traditional pre-licensure program, an accelerated pre-licensure program; and an RN-BS program. Additionally, our Master’s in Nursing program offers specialized training to advance nursing expertise in various healthcare settings. It is comprised of a Family Nurse-Practitioner program and Pediatric Nurse Practitioner program.
College nursing students come from diverse backgrounds, many of whom are first-generation college students balancing academic demands with work and family responsibilities. To support their success, we seek educational resources that enhance learning, improve NCLEX and certification exam readiness, and strengthen critical thinking and clinical judgment.
Proposers are required to submit a single proposal that addresses both the undergraduate and graduate student resources described herein. The highest-scoring responsive and responsible proposer (per the terms of this RFP) which enters into a contract with the College (“Contract”), is referred to in this RFP as the “Contractor.” The RFP document to which this Scope attached, including all attachments and exhibits incorporated herein, shall, together with the Contractor’s Proposal and its attachments, comprise the full agreement between the College and Contractor (the “Contract”).
Institutional Goals for Student Success in the Nursing Program:
Increase ability to develop and administer Next-Gen NCLEX/ ANCC/AANP aligned customized Unit and Final Exams for graduate and undergraduate nursing students
Provide competitive standardized exams with remediation and reporting options Improve NCLEX-RN (undergraduate), ANCC/AANP (graduate) pass rates Strengthen clinical reasoning and decision-making skills through evidence-based resources Enhance faculty capacity to support student learning through comprehensive professional development offerings Provide effective and accessible learning tools for students in the undergraduate and graduate nursing programs such as course textbook and online resources Provide engaging tools to foster student learning and development of critical thinking skills
3.1 Detailed Specifications and Deliverables:
Contractor shall provide a solution that includes the following core services, tools and resources:
A. Core Educational Tools:
Customized Unit and Final Exams Standardized Exams (RN and Graduate Programs) RN and APRN Case Studies RN and APRN Practice Tests Clinical Skills Videos and resources Adaptive Quizzing NextGen NCLEX-RN, ANCC/AANP Resources focused on preparing students for the Next Generation NCLEX (NGN), ANCC/AANP exam.
Customized exams for courses, including:
o Undergraduate:
■ NUR 301- Fundamentals (Standardized Exam and Customized Final)
■ NUR 303- Med-Surg (Standardized Exam and Customized Final)
■ NUR 304- Psych (Standardized Exam and Customized Final)
■ NUR 344- Patho (Standardized Exam and Customized Final)
■ NUR 330- Pharm (Standardized Exam and Customized Final)
■ NUR 405- Peds/Maternity (Standardized Exam and Customized Final)
■ NUR 409- Advanced Med-Surg (Standardized Exam, Customized Final, Comprehensive exit exam) o Graduate:
■ NUR 766- Advanced Pathophysiology
■ NUR 767- Advanced Pharmacology
■ NUR 773- Advanced Health Assessment
■ Comprehensive exit exam after 3 Ps (Patho, Pharm, Phys Assess)
■ NUR 774- Advanced Family Nursing Practice I (Pediatrics)
■ NUR 775- Advanced Family Nursing Practice II (Adults, older adults, families, groups and communities)
■ NUR 776- Advanced Family- Nursing Practice III (primary care for all family members
■ Comprehensive exit exam
■ Other resources focused on preparing students for the Next Generation NCLEX (NGN) exam.
B. Additional Requested Undergraduate Resources:
Comprehensive NCLEX workshops, including practice exams and review guides.
Test-taking strategies tailored for nursing students.
Dosage calculation practice tools and tutorials.
C. Simulation-Based Learning:
Access to interactive virtual simulations to develop critical-thinking skills Access to simulation-building software to develop critical-thinking skills.
D. Customer Support:
Prompt, responsive, and effective customer service.
Dedicated support for troubleshooting and implementation.
Training resources for faculty and staff on using the tools effectively, with a minimum of 40 hours of faculty training. Training must include onsite and virtual options.
A structured onboarding process for students and faculty to ensure ease of use.
Customized pricing structures for additional course textbooks, e-books, and other course-related learning materials, not included in this package.
3.2 Contract-Specific Provisions Contractor Responsibilities – General
3.2.1 Subcontracting.
Contractor shall not subcontract any part or the entire Contract without the prior written consent of CUNY, which may be withheld, conditioned or rescinded at CUNY’s sole and absolute discretion. CUNY may request information concerning the qualifications and experience of the proposed subcontractor, and Contractor shall provide such information promptly upon CUNY’s request. CUNY reserves the right to require that any previously approved subcontractor be removed from the Project, and Contractor
3.2.2 shall remove any such subcontractor following notice from CUNY by the deadline specified by CUNY in such notice. Location of Services.
Contractor shall perform the Services at the Lehman College campus Nursing Education, Research and Practice Center building as required. Contractor shall provide and use its own equipment for its onsite staff providing the Services.
3.2.3 Project Team
3.2.3.1 Contractor shall provide documentation with respect to all proposed initial and replacement Key Team Members of the Contractor Project Team showing that these individuals meet the qualifications required to perform the Services. For the purposes of this effort, Contractor Project Team is defined as the group of professionals assigned by the vendor to implement, manage, train and support the educational solutions provided to Lehman College’s Nursing Department.
The Key Team Members include:
1. Senior Manager (Contract Project Manager) – The primary liaison between the vendor and CUNY, responsible for contract oversight, compliance, and coordination of services.
2. Implementation Specialist(s) – The main point of contact for assistance with implementing the solution package at Lehman College providing step-by-step implementation support and ensuring a smooth onboarding and integration process.
3. Nursing Education Specialist (Licensed RN & Nurse Educator) – A licensed registered nurse (RN) with experience as both a practicing nurse and a nurse educator. This individual will:
o Ensure that all educational resources align with nursing best practices and accreditation standards.
o Serve as a content expert in nursing education to support faculty and students.
o Assist with curriculum alignment and integration of vendor-provided resources into Lehman College’s nursing courses.
o Provide guidance on Next Generation NCLEX (NGN) preparation and certification exam success strategies.
4. Training & Faculty Development Lead – A specialist dedicated to:
o Conducting in-person and virtual faculty training.
o Developing instructional materials to help faculty incorporate vendor resources effectively.
o Providing ongoing faculty development and best practices.
5. Technical Support Lead – The primary contact for:
o Troubleshooting and resolving technical issues with educational tools, simulation software, and online platforms.
o Ensuring seamless user experience for both students and faculty.
6. Customer Support Representative(s) – Dedicated support personnel available for real-time assistance, ensuring prompt response to faculty and student needs.
7. Assessment & Data Analytics Consultant (if applicable) – A data specialist responsible for:
o Assisting faculty in interpreting student performance data and learning analytics.
o Providing insights on curriculum improvement based on student assessment trends.
o Supporting data-driven decision-making for student success initiatives.
3.2.3.2 All designated individuals and their replacements, if any, of the Contractor Project Team and Key Team Members are subject to CUNY’s prior written approval.
3.2.3.3 Contractor shall make best efforts to maintain continuity of the Contractor Project Team and Key Team Members. Contractor shall notify CUNY in writing prior to any replacement of Key Team Members. CUNY reserves the right to approve or reject any employees proposed to replace Contractor Project Team employees.
3.2.3.4 Contractor shall designate a senior manager of Contractor as the Contract project manager for this project (“Senior Manager”). The Senior Manager shall:
a. maintain control over the work duties, schedule, and performance of the Contractor Project Team and serve as principal liaison between CUNY and Contractor for purposes of administration of the Contract;
b. be employed by the Contractor; and
c. have full decision-making authority on behalf of Contractor and the authority to obligate Contractor.
3.2.3.5 For a mid-term change of Senior Manager, or during the absence of the Senior Manager, for any reason, Contractor shall promptly provide a detailed continuity plan for CUNY’s review and shall obtain prior written approval for same.
3.2.3.6 Contractor shall ensure that CUNY shall have access at all times to an individual with full authority to make decisions on behalf of Contractor. Nothing in this section shall be deemed to preclude CUNY from discussing any matters relating to Contract with any other members of Contractor’s organization.
3.2.4 Communications
Contractor shall obtain CUNY’s prior written approval before Contractor, or any of its officers, employees, agents or subcontractor(s), makes any statement to the press or issues any communication or publication concerning, or related to, the Project.
3.2.5 Document Delivery
3.2.5.1 Contractor shall provide all draft versions of the Deliverables (as described below) to CUNY in sufficient time for CUNY review, including time to make modifications and to provide final approval.
3.2.5.2 Contractor shall transmit each Deliverable to CUNY with a dated and signed transmittal letter.
3.2.6 Return of CUNY Information at Termination
Within ten (10) calendar days of termination of Services 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:
a. return them to CUNY; and
b. destroy data and provide independent certification of destruction of all copies.
3.2.7 Invoices
3.2.7.1 Contractor shall submit invoices to College’s Accounts Payable Department at a time interval and in a format approved by College.
3.2.7.2 Contractor shall provide sufficient and appropriate documentation with invoices. CUNY reserves the right to request additional information at any time.
3.2.7.3 Contractor acknowledges and agrees that CUNY will pay Contractor only upon acceptance of properly prepared invoices with sufficient supporting documentation.
3.2.7.4 CUNY will not pay Contractor for work performed beyond the scope of this Project or for any change order not duly authorized.
3.2.7.5 Report preparation, including editing, printing and delivery to the University and Colleges shall be the sole responsibility of the Contractor and shall not be reimbursable as a direct cost.
If unusual circumstances are encountered that make it necessary for the Contractor to do additional work, Contractor shall report such conditions to College and the Related Entities.
No additional work may be performed unless authorized by CUNY in writing in advance.
3.2.8 Miscellaneous
3.2.8.1 Note: College will identify a Contract Manager to act as the liaison with the Contractor.
College will provide Contractor with College holiday schedules.
3.2.8.2 Contractor acknowledges and agrees that College will not provide clerical support.
3.2.8.3 Contractor acknowledges and agrees that Contractor will not be provided computer time or the use of computer hardware and software.
3.2.8.4 Access to reasonable work area, a telephone, a fax machine and photocopying of records will be made available to the Contractor at the College for the purposes of performing initial implementation on-campus if necessary.
3.2.8.5 Before performing any work under the Contract, Contractor shall procure and maintain with companies satisfactory to CUNY, the types of insurance in the amounts outlined in Part 7.
Contractor shall maintain said insurance during the term of the Contract up and to the date of the final acceptance of the work, or termination of the Contract, whichever occurs later.
3.3 Accessibility
(a) The Contractor shall use commercially reasonably efforts to comply with all applicable federal and state laws and regulations regarding the accessibility of the Services for those who are disabled. Any network-based information and applications development, or programming, including, but not limited to, websites delivered to or by the State of New York pursuant to this contract or procurement, will comply with Section 508 of the Rehabilitation Act of 1973, as amended, Executive Law Section 170-f, as amended, and be consistent with New York State Enterprise IT Policy NYS-P08-005, Accessibility of Information Communication Technology, as such policy may be amended, modified or superseded (the “Accessibility Policy”). The Accessibility Policy requires that State Entity Information Communication Technology shall be accessible to all users, including those with disabilities as determined by accessibility compliance testing. Such accessibility compliance testing will be conducted by CUNY and any report on the results of such testing must be satisfactory to CUNY, as an explicit condition of being awarded the Contract.
(b) Contractor shall provide, prior to Contract Award, an Accessibility Conformance Report (“ACR”) or a completed Voluntary Product Accessibility Template (“VPAT”) that clearly indicates the Services’ compliance with the WCAG Standards. Please note that this document need not be submitted with the Proposal, but must be submitted as an explicit condition of being awarded the Contract. Contractor’s ACR or VPAT must be reviewed, verified, and accepted by the University prior to award of Contract, and Proposer must provide test temporary credentials for the appropriate University staff person to perform a test of the Services to ensure the Services meet the requisite accessibility standards. The ACR or VPAT must reflect the Contractor’s current software release to CUNY. Contractor warrants that the Services’ online content and functionality shall meet or exceed the accessibility standards specified in Contractor’s ACR or VPAT throughout the Term of this Contract. If CUNY determines that a user of the Services requires a special modification in order to make full use of the Services, then the University shall promptly submit a written request to the Contractor for a modification to the software in writing, and Contractor shall use commercially reasonable efforts to provide such modification promptly. In the event that the requested modification requires more than commercially reasonable efforts, then the Contractor shall engage in good faith negotiations with CUNY to amend the Contract as necessary to provide for the requested modification of the Services. In the event that the Services cannot, following good faith negotiations by both parties, be modified in accordance with this section to enable the user to make full use of the Services, then the University shall have the right to terminate the Contract upon thirty (30) days’ written notice.
(c) The University will not award a Contract to any Proposer which: (a) fails to submit an ACR or completed VPAT that clearly indicates the Services’ compliance with the WCAG standards; (b) submits an ACR or completed VPAT that does not conform to the Services’ accessibility features as verified and tested by the University; (c) proposes a Services which, upon testing, the University determines do not meet the accessibility standards stated herein; or (d) does not provide the necessary credentials to allow the appropriate University staff person to test and verify the accessibility of the online content and functionality of the proposed Services.
Part 4: Technical and Management Proposal Requirements (Proposal Volume II)
Proposer shall provide a brief history and description of: Proposer’s business organization (with copies of organizational documents); its expertise and experience as it relates to the requirements discussed in the scope of work and specifications described in Part 3; its understanding of and approach to the Project; its process and timeline for rendering the Services; and plans for maintenance and support, to the extent applicable. The information should not exceed twenty (20) pages and should include, but not be limited to:
I. Proposer’s Background:
• Proposer’s name and address and, if applicable, EIN. Also indicate the type of entity, for example, a corporation, partnership, or public organization.
• Name and title, address, email and telephone number of the person who receives correspondence and is authorized to make decisions or represent the Proposer. If these persons are different, include information for both.
• Total number of years Proposer has been in its current business.
• Brief history of Proposer’s operations to date, noting key milestones, challenges and successes, along with a statement and analysis of Proposer’s organization going forward, including its goals, strategic outlook, projected growth, etc.
• Documentation of Proposer’s organizational structure.
II. Proposer’s Experience:
• Number of years Proposer has been providing the Services required by this RFP and description of operations, facilities and number of employees dedicated to the development of the Services required by this RFP.
• Biography and/or resumé for each Key Team Member, including personnel who would have direct contact with or provide services to the University. Indicate the roles they would play and describe their experience in performing the Services. For each, please include length of tenure with Proposer’s organization.
• Number of current customers using the Services solicited as part of this RFP; identify how many of such customers are higher education institutions.
• Proposed staffing plan for rendering the Services required by this RFP (including if plan to use any former CUNY employees triggering New York State Commission on Ethics and Lobbying in Government requirement)
• History, mission and relevant experience in Nursing education.
III. Understanding and Approach to Rendering the Services; Schedule for Implementation:
• Describe Proposer’s understanding of the overall goals and requirements of the Project.
• Describe Proposer’s approach to meeting the goals and requirements of the Project.
• Describe the basis and evidence supporting Proposer’s ability to provide the Services required by this RFP.
• Describe the process and timeline for rendering the Services (including, as relevant, implementation, end-user training and operationalizing any systems).
• Describe the processes used for both maintenance and support of any systems and the process for improving and updating systems
• Describe and provide plans for training and training for product changes and enhancements.
• Value Added: Discuss any additional value, expertise, processes, technology, solutions, and the like to further the goals of the Project that Proposer can provide.
• Provide a comprehensive outline of all resources and tools included in your proposal.
• Describe the specific features that address the requested resources services described in Part 3 of this RFP.
• Describe Customer service availability and response time in detail.
• Provide a point of contract for ongoing support.
IV. License Agreement Proposer may include its standard End User License Agreement or similar document (“EULA”) for the proposed application solution as part of its Technical and Management Proposal with the explicit understanding that the University reserves the right, in the University’s sole discretion, to reject the EULA or the Proposal in its entirety if the University deems the terms of the EULA to be unacceptable. If, in the University’s sole discretion, the
University chooses to consider including a proposed EULA into the Contract, then, if Proposer is the apparent awardee, then Proposer agrees that it will negotiate the EULA in good faith and Proposer agrees that the final terms of the EULA as incorporated into the Contract must be equally as favorable or more favorable to the University than the EULA terms contained in the Proposal.
A copy of any terms and conditions referenced in the EULA by hyperlink must be included in the Proposal. The University cannot incorporate terms by reference.
The terms of this RFP, including but not limited to Parts 3 and 7, shall take precedence over any conflicting terms in the EULA, or any terms addressing the same subject matter as the RFP terms. Further, any of the following terms shall be deemed void and excluded from the Contractor’s EULA:
o Neither the University nor any user of the Services may be required to defend, indemnify, or hold the
Contractor harmless for any liabilities, claims, or expenses. The University’s indemnification obligations shall be solely as set forth in Part 7 (Terms and Conditions);
o Neither the University nor any user of the Services shall be required to grant a license to Contractor to use, reproduce, or disclose any user information, confidential information, or any user or University intellectual property, as a condition of using the Services, except for the sole purpose of providing the Services;
o Notwithstanding any disclaimer of warranties, Contractor warrants that the solution provided as part of the Services shall function in all material respects as required by this Contract and in accordance with the applicable product’s documentation, throughout the Term of the Contract;
o Any mandatory arbitration clauses shall be deemed void;
o Any limitations of liability shall be deemed void. Contractor’s liability shall be limited in accordance with
Part 7 (Terms and Conditions) of this RFP;
o The University shall not be required to pay any costs other than for services rendered. Therefore, any requirements that the University pay for costs such as taxes, interest, penalty or late fees, acceleration costs, cancellation charges, litigation costs, or attorneys’ fees shall be void;
o The University shall not be required to forfeit rights granted by law or in equity, including, but not limited to: statutes of limitations, trial by jury, limitation of remedies, requirements to post bond for injunctions, to sue/or to limit liability for direct damages for personal injury, death, or damage to real property, tangible property, or intellectual property attributable to the negligence or other tort of the vendor, its officers, employees, or agents. The University also cannot agree to waive its right to sue or to limit the remedies available to the University against the Contractor, and any provisions indicating that the University has waived such rights or remedies shall be void;
o Notwithstanding any language to the contrary in the EULA or Proposal, the terms of this Contract, including all attachments of the RFP and Proposal, shall not be deemed confidential, except as permitted under Part 10 of this RFP;
o Any order of precedence or similar terms contained in the EULA or Proposal documents shall be void and not considered part of the Proposal;
o Any language purporting to disclaim a customer’s (i.e. CUNY’s) superseding terms, shall be void and not considered part of the Proposal;
o Any requirement that the University maintain insurance shall be void.
Part 5: Proposal Price Breakdown Pages (Proposal Volume III)
Proposers must complete ALL line items in order for the Price Proposal to be deemed responsive. Failure to do so will result in the rejection of your Proposal. If there is no charge for a specific service, then state “$0” for that service.
Each Service is deemed separate and must be priced separately.
1. Implementation Price (One-time, non-recurring): $
2. Initial Training Price (One-time non-recurring): $
3. Ongoing Training Price (Five Years) $
4. Customer Support Price (Five Years) $
5. Annual Prices: $
I. Undergraduate Student Resources
A B C D E F
Price for Core Educational Resources per Undergrad Student (See Section
3.1 (1) of the
RFP
Price for Additional Requested Resources per Undergrad Student – (See Section 3.1(2) of the RFP
Price for Simulation - Based Learning per Undergrad uate Student (See Section 3.1(3) of the
RFP
Total Annual Price per Undergrad uate Student (Sum of Columns A, B, and C)
Estimated Number of Undergrad Students per Year
Total Annual Price for Undergrad Students (Product of Columns D and E)
Year One
Year Two
Year Three
Year Four
Year Five
Total Five-Year Price for Undergraduate Student Resources (Sum of Prices in Column F) $
II. Graduate Student Resources
A B C Price for Core Educational
Resources for Grad Students (See Section 3.1(1) of the RFP)
Estimated Number of Grad Students per Year
Total Annual Price for Grad Students (Product of Columns A and B)
Year One
Year Two
Year Three
Year Four
Year Five
Total Price for Grad Student Resources for Five Years (Sum of Prices in Column C)
Total Five-Year Price for Undergraduate and Graduate Student Resources (Sum of Total Five-Year Prices for Undergraduate and Graduate Student Resources): $
Proposal Price (Implementation Price + Initial Training Price + Ongoing Training Price + Customer Support Price + Total
Five-Year Price for Undergraduate and Graduate Student Resources): $
Write Proposal Price in Words:
Part 6: Proposal Scoring Criteria and Weights
Step 1: Administrative Review CUNY will conduct an administrative review of each Proposal to ensure that all content has been submitted in accordance with this RFP (including a completed Form 1 signed by an authorized representative of Proposer and completed Forms 2 and 3) and that Proposers meet the Minimum Qualifications set forth in this RFP. Proposals that do not include all required content will be deemed non-responsive and will not be granted any further consideration, unless CUNY deems such omissions non-material. Proposers are not permitted to alter or amend their Proposals after the Proposal Submission Due Date and Time. After a firm has been identified for award, all Proposers will be notified.
Step 2: Scoring of Diversity Practices Questionnaire (5 Points) Upon completion of its Administrative Review above, the University’s/College’s Procurement Department will score the Diversity Practices Questionnaire. The Diversity Practices Questionnaire will be scored on the points system as indicated on the questionnaire. The total score received for each Diversity Practices Questionnaire will be proportionally converted for a maximum of up to five (5) points. The scores for Proposers’ Diversity Practices
Questionnaires will not be disclosed to CUNY’s Technical Evaluation Committee (“Committee”) prior to their completion of their evaluation and scoring of Proposers’ Technical Proposals.
Step 3: Scoring of Volume II: Technical and Management Proposal (65 Points) Members of the Committee will preliminarily score each Technical Proposal individually and then meet as a group to discuss and give final scores to the Technical Proposals. The preliminary Technical Score for each Proposal will consist of the sum of the scores given to the Technical Proposal by each of the Committee members, divided by the number of Committee members with a maximum score indicated in this section, and will be provided to the
University’s or College’s Procurement Office. Then the members of the Committee will meet as a group to discuss the Technical and Management Proposals. After such group discussion, the Committee members will provide their individual final Technical Scores, which may or may not be the same as their preliminary Technical Scores, to the
Procurement Office.
Step 4: Scoring of Volume III: Price Proposal (25 Points) The University’s/College’s Procurement Department will score the Price Proposals. Only the University or College
Procurement Office will be privy to pricing information until the Committee members have completed and submitted all final scoring, including for Technical and Management Proposals and for the Oral Presentations and Product
Demonstrations (if applicable) for the RFP. The Proposer with the lowest proposed price, will receive a total of thirty
(25) points, and higher proposed prices will receive proportionately lower points.
Step 5: Short-Listing Proposers The University’s or College’s Procurement Office will add the Diversity Practices Questionnaire Score, the Technical
Score and the Price Proposal Score to calculate each Proposer’s Initial Score. Initial Scores will be used to create a short-list of proposers. The University’s or College’s Procurement Office will inform the Committee members of the total scores of the Proposals. Short-Listed Proposers for this solicitation will consist of the three Proposers with the highest Initial Scores and any Proposers that are within ten (10) points of the highest score.
CUNY, in its sole discretion, reserves the right to select the Proposer(s) the highest Initial Score(s) without requiring Oral Presentations.
Step 6: Product Demonstration for Short-Listed Proposers, if required (5 points) The Short-Listed Proposers shall provide a Product Demonstration to the Committee in a form and manner requested by CUNY. The Committee will evaluate a Short-Listed Proposer’s product and award a score with a maximum of ten
(05) points based on the following criteria:
• Product meets the requirements stated in the RFP
• The capabilities of the Proposer’s staff that will lead the engagement
• Discussion on examples of previous projects of a similar nature and resulting outcome
• Ability to answer questions regarding their proposal
Step 7: Calculation of Short-Listed Proposer’s Final Proposal Score The Final Proposal Score is the sum of the Short-Listed Proposer’s Diversity Practices Questionnaire, Technical, Price and Oral Presentation (if required) Scores for a possible maximum Final Proposal Score of one hundred (100) points.
CUNY reserves the right to request Best and Final Offers (“BAFOs”) from those Proposals receiving an Oral
Presentation, solely with respect to cost. Should CUNY exercise this right, CUNY will request a BAFO from each
Short-Listed Proposer. A BAFO must be a lower price than the initial Proposal price. The cost score for the Short-
Listed Proposers will be adjusted accordingly to determine the Proposer’s final score.
Step 8: Selection of Proposer The Proposer with the highest Total Score, as calculated above, for a maximum of 100 points may be recommended by the Committee to the University for Contract award, if at all.
Table 1 Proposal Scoring Criteria and Weights
Title Scoring Method
Item Weight
Section Score
Points out of 100
Minimum Proposer Requirements (See Part 2-Paragraph I) Pass/Fail N/A
Diversity Practices Questionnaire (for procurements with estimated value of $250,000 or greater)
Scored 5
Technical and Management Proposal Scored 65
Organizational Strength, Experience & References (Quality and relevance of past work with similar Institutions)
Key Team Members (including Nursing Education Specialist) Experience of the team especially RN-Educator
Understanding of Nursing Program Needs & Implementation Plan (clarity of proposal and ability to deliver services tied to curriculum, NCLEX prep, simulation, etc.)
Faculty Training and Support Plan (includes in-person training, virtual support and faculty development resources)
Innovation, Customization and Added Value (unique features such as adaptive tools, LMS integration, culturally inclusive contents, etc.)
Understanding and Approach to Rendering Services; Schedule for Implementation
Price Proposal Scored 25
Product Demonstration for Short-Listed Proposers 05
Possible Score 100
Part 7: Terms and Conditions of Contract
1. CONFLICT OF TERMS
Unless otherwise set forth in this Agreement, conflicts among documents shall be resolved in the following order of precedence:
a. Appendix A - Standard Clauses for New York State Contracts (June 2023 version)
b. These Terms and Conditions of this Contract
c. RFP Part 3: Scope of Work
d. Other exhibits, attachments, and appendices attached hereto and incorporated herein, including the remainder of the
RFP;
e. The Contractor’s Proposal;
f. The Purchase Order (if any).
2. DEFINITIONS
Terms used in this terms and conditions shall have the following meanings:
Agreement - this Agreement, including the Contract Signature Page, the Scope of Work, Appendix A (Standard Clauses for New York State Contracts), the Terms and Conditions, and all other exhibits, attachments and appendices attached hereto and incorporated herein.
"approved", "directed", "required", "specified" - unless specifically stated otherwise, mean approved, directed, required, or specified, as the case may be, by the University.
Business Days - Mondays through Fridays, excluding holidays on which the University is closed.
City - City of New York.
College- an educational unit of the University; may be referred to as the University.
Comptroller - Comptroller of the State of New York or the City of New York, as applicable.
Contract - this Contract, including the Contract Signature Page, the Scope of Work, Appendix A (Standard Clauses for
New York State Contracts), the Terms and Conditions, and all other exhibits, attachments and appendices attached hereto and incorporated herein.
Contract Price- price for which Contractor will deliver the Goods and perform the Services, as set forth in the Contract Signature Page and Scope of Work.
Contract Signature Page - one or more pages that precede the Scope of Work and include the signatures of authorized representatives of the University and Contractor and any necessary approvals of the State and the City.
Contractor - the individual or other legal entity (including but not limited to sole proprietor, partnership, limited liability corporation, firm or corporation) to which the University has awarded, or with which the University has entered into, this Contract, as specifically identified in the Contract Signature Page.
Goods - the goods, supplies, materials, equipment, or processes to be furnished to the University under this Contract.
Laws - all laws, regulations, rules, orders, requirements, and the like, of federal, state, and local governments, courts, governmental authorities, legislative bodies, boards, agencies, commissions, and the like.
Product(s) - deliverable(s) under this Contract, which may include goods, commodities, services and/or technology.
Proprietary- protected by secrecy, patent, copyright or trademark against commercial competition.
Purchase Order- the form that is used by the University when making a purchase or acquisition with a contractor.
Scope of Work- the description of the Goods to be furnished and/or the Services to be performed under this Contract, contained in Part 3 of this RFP.
Service(s) - performance of a task or tasks to be performed under this Contract.
Site - physical area where the Goods are to be furnished and the Services are to be performed and where Contractor may provide Work under this Contract.
Solution – the software product or platform to be delivered by the Contractor as part of the Services, pursuant to the
Scope of Work and Specifications of Part 3 of this RFP.
State - State of New York.
University - The City University of New York Work- the Goods to be furnished and the Services to be performed pursuant to this Contract, including the tasks set forth in any statements of work.
Workers - all employees, representatives, subcontractors or agents of Contractor performing the Services under this Contract.
3. TERM
a. The time of completion of this Contract shall as be set forth in the RFP.
b. Time is a material term of Contractor’s performance of the Work; without limiting the generality of the foregoing, Contractor shall complete the Work by the final date specified in this Contract and shall complete the corresponding portion of such Work by every interim date, if any, specified in the Scope of Work.
c. Acceptance of any Work after the time fixed to deliver the same shall not be deemed a waiver of any rights by the University.
4. SCOPE CHANGES
The University reserves the right, unilaterally, to require, by written order, changes by altering, adding to or deducting from the Scope of Work, solely with respect to professional services, if any are required under this Contract, (not subscription services or any non-customizable aspects of the Solution). The University may make an equitable adjustment in the Contract Price or delivery date if the change affects the price or time of performance.
Such equitable adjustments require the consent of Contractor, which consent shall not be unreasonably withheld.
5. CONTRACTOR PERFORMANCE
a. Contractor shall perform the Work for the Contract Price.
b. Contractor shall perform the Work within the time specified in the Scope of Work.
c. Contractor shall perform the Work at the direction of the University and in a manner that will ensure the safety of the University community.
d. Contractor shall perform the Work subject to all Laws. Contractor shall deliver all required licenses, permits, plans and certificates to the University before commencement of the Work.
e. Contractor acknowledges and represents that it has carefully examined the Site(s), as may be applicable to the
Work. Contractor shall be presumed conclusively to have full knowledge of any and all conditions on, about, above, or below the Site relating to, or affecting in any way, the Work that were or should have been discovered by a reasonably prudent vendor.
f. Contractor shall at all times and in all respects follow best practices and highest industry standards for the Work.
Where no specific requirements are given, Contractor shall conform the Work to the latest applicable standards of nationally recognized associations which sponsor the particular type of work involved and provide and install materials that conform to such standards.
g. Contractor shall maintain all records and reports required by this Contract, by law, by best practices, and by industry standards. Immediately upon request from the University, Contractor shall provide access to all such records and reports to the University for review.
6. PERFORMANCE AND RESPONSIBILITY QUALIFICATIONS
The University reserves the right to investigate or inspect at any time whether or not the Work, qualifications or facilities offered by Contractor meet the requirements set forth in this Contract. Contractor shall at all times during the Contract term remain responsible and responsive as such terms are used in applicable State law and regulations.
Contractor must be prepared, if requested…
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