RFP OCA-DGCP-078 Queens County Firearm Youth Intervention Services_ADA.pdf

OCA-DGCP-078 Queens County Firearm Youth Intervention Services

Issued Monday, June 12, 2026 Due Friday, July 17, 2026, at 2:00 PM Eastern

Office of Court Administration

Division of Grants, Contracts & Procurement

Request for Proposals #OCA-DGCP-078

Queens County Firearm Youth Intervention Services

NEW YORK STATE UNIFIED COURT SYSTEM

i

Contents

RFP Articles

I. Background Information

II. Project Information

III. Award

IV. Minimum Qualifications

V. Project Services

VI. Insurance Requirements

VII. Award Selection Criteria and Method of Award

VIII. Required Documents

IX. Submission of Proposal

X. Questions

XI. Pre-Bid Conference

XII. General Specifications

Attachments*

Attachment I - Standard Request for Bid Clauses & Forms

Attachment III - Vendor Responsibility: Acknowledgment Form and VR Questionnaire

Attachment IV - Procurement Lobbying forms

* Attachments are available for download from the Unified Court System’s Current Solicitation webpage:

https://www.nycourts.gov/grants-contracts-procurement/current-solicitations

Exhibits

Exhibit 1: Document Enclosure Checklist

Exhibit 2: Proposal Cover Sheet

Exhibit 3: Vendor Assurance and Conflict-of-Interest Disclosure

Exhibit 4: Insurance Requirements

Exhibit 5: Appendix B: Terms and Conditions Applicable to Materials Produced Under the

Agreement

I. BACKGROUND INFORMATION

The mission of the New York State Unified Court System (“UCS”) is to deliver equal justice under the law and to achieve the just, fair and timely resolution of all matters that come before our courts. In the service of our mission, the UCS is committed to operating with integrity and transparency, and to ensuring that all who enter or serve in our courts are treated with respect, dignity, and professionalism.

We affirm our responsibility to promote a court system free from any and all forms of bias and discrimination and to promote a judiciary and workforce that reflect the rich diversity of New York

State. More information about the UCS is available at https://www.nycourts.gov.

The UCS Office of Court Administration’s (“OCA”) Division of Grants, Contracts & Procurement

(“DGCP”) is soliciting proposals via this Request for Proposals (“RFP”) for the purpose of providing firearm intervention services in Queens County as described in Article II, Project Information.

The Raise the Age law launched in New York State on October 1, 2018, which ushered in a new paradigm requiring a fundamental restructuring of New York’s juvenile and criminal justice systems.

Raise The Age is rooted in brain science with the fundamental premise that adolescents are not adults;

they are children transitioning to adulthood. Prior to 2017, New York had remained one of the last two states in the country that continued to treat 16-year-olds as adults for purposes of criminal liability. The new law statutorily created a Youth Part in each county’s superior court having exclusive Jurisdiction of all cases involving Juvenile Offenders (13- to 15-year-olds) charged with designated felonies in the adult system, and the new designation of Adolescent Offenders (16- and 17-year-olds) who are accused of committing felony-level offenses. While many of these cases may be transferred to the Family Court, most cases involving the use of firearms remain in the Youth Part.

II. PROJECT INFORMATION

The UCS is the recipient of a Byrne State Crisis Intervention Program grant (the “Grant Award”) by the

U.S. Department of Justice, Bureau of Justice Assistance (“BJA”) through the New York State

Department of Criminal Justice Services (“DCJS” or the “Grantor”) to establish direct relationships with community-based violence interruption programs and pilot interventions for youths charged with gun-related offenses, to prevent future crime and promote community safety.

The DGCP, on behalf of the Office for Justice Initiatives (“OJI”), is issuing this RFP to solicit proposals from qualified applicants who use an evidence-based model to provide community-based interventions to support justice-involved young adults with gun-related offences whose cases are in the Youth Part

(the “Project”). The Empowerment Through Wellness to Prevent Gun Violence Initiative will be implemented in seven (7) counties in New York State identified as the pilot sites (Bronx, Erie, Kings, Monroe, Nassau, Queens, and Suffolk). This RFP is seeking proposals in Queens County only.

Pursuant to the terms of the Grant Award, $360,000 is the maximum available funding for Project

Services (as set forth in Article V below) performed during August 1, 2026 – September 30, 2027 provided, however, that such period may be extended upon mutual agreement of the Grantor and UCS

(the “Project Term”).

UCS anticipates that the selected applicant will be designated a “subrecipient” rather than a “contractor” for purposes of federal requirements of the Grant Award. UCS reserves the right to request a no-cost extension of the Project Term from the Grantor.

GRANT CHART

Key Bid Dates (Note: OCA reserves the right to modify any Key Bid Date as it may deem appropriate.)

EVENT DATE

Bid Issue Date Friday, June 12, 2026

Question Due Date Thursday, June 25, 2026 at 2:00PM Eastern

Bid Submission Deadline Date Friday, July 17, 2026 at 2:00PM Eastern

Estimated Contract Start Date August 1, 2026

Note: Throughout this RFP, the terms bidder, proposer, vendor and applicant are used interchangeably, as are RFP, bid and solicitation.

Grant

Number County Project Goals

Maximum

Available

Grant

Term

Funding

15PBJA-23-

GG-00026-

BSCI

Queens

County, New

York State

The goal of the New York State Empowerment Through

Wellness to Prevent Gun Violence Initiative has two main components. The first goal is to support community-based violence intervention programs, which serve as an effective solution to combat gun violence and to reduce firearm-related deaths, in seven (7) counties identified as having the highest number of youth gun-related offenses: Kings, Bronx, Erie, Monroe, Nassau, Suffolk, and Queens. The second goal is to assist the UCS in developing new training programs for both

UCS’ problem-solving judges/staff and our youth part judges/staff which explore the relationship between gun violence, mental health issues, and diversion.

$360,000

III. AWARD

UCS intends to award one contract for a term commencing on or about August 1, 2026 and terminating on or about September 30, 2027 (“Contract Term”).

Awarded contractor shall be contractually obligated to provide the Project Services (as described below) for the Project Term, as it may be amended or extended. UCS and awarded contractor shall communicate regularly concerning the remaining amount of grant funds and the approximate timing of complete expenditure.

This RFP seeks community-based interventions to support justice-involved young adults with gun-related offenses whose cases are in the Youth Part in Queens County, as described in the grant chart above.

IV. MINIMUM QUALIFICATIONS

Proposals will be considered only from applicants who meet the following minimum qualifications:

1. The proposing organization must demonstrate the capacity to deliver youth-focused gun violence prevention and community violence intervention programming. If the proposing organization does not have the full capacity to meet all program requirements independently, it may partner with one or more community-based organizations located in Queens County that have a demonstrated commitment to prevention and youth well-being to provide all required services.

In such cases, the lead organization will be responsible for managing coordination efforts and ensuring that all activities are aligned with the requirements and objectives outlined in this RFP.

See Article V (Project Services) for qualifying details.

2. Individuals or organizations who have had a contract terminated for cause by New York State within the past five (5) years are not eligible to apply.

V. PROJECT SERVICES

UCS seeks proposals describing how the applicant will provide the services listed below (“Project

Services”). The selected applicant shall be required to:

1. Referrals and Intake

• Accept referrals from UCS Judges and Resource Coordinators for youth charged with gun-related offenses.

• Conduct intake assessments to determine the individual needs, risks, and strengths of each participant.

2. Program Services

A. Mentor Services

• Recruit or partner with a community-based organization that possesses demonstrated lived experience aligned with the needs and backgrounds of the population being served.

• Pair participants with trained mentors for individualized support and guidance.

• Provide ongoing supervision, support, and training to mentors to ensure high-quality engagement and ethical practices.

B. Therapeutic Services

• Employ qualified behavioral health staff trained in trauma-informed care and evidence-based therapeutic interventions (e.g., cognitive behavioral therapy, support groups, etc.).

• Address the impacts of chronic violence exposure on youth and their communities through specialized therapeutic support.

C. Case Management and Wraparound Services

• Provide individualized case management for all participants.

• Make appropriate cross-system referrals in the following areas:

o Workforce Development: Job readiness training, vocational skills o Employment and Housing: Transitional employment, stable housing, and basic needs access o Life Skills: Harm reduction, parenting, healthy habits, financial literacy, and planning o Education: High School Equivalency (e.g., GED), professional certification programs

3. Coordination with Court and Stakeholders

• Coordinate case planning and service delivery with assigned court staff, including Resource

Coordinators.

• Engage with other community-based service providers as appropriate to ensure a wraparound approach.

• Provide continuous feedback regarding participants’ progress with assigned court staff including Resource Coordinators.

4. Participant Engagement

• Utilize evidence-based engagement techniques to support participants in:

o Attending all scheduled appointments.

o Fulfilling program obligations.

o Appearing in court as required.

• Maintain ongoing communication with participants to build trust, provide guidance, and facilitate progress.

5. Documentation and Data Management

• Maintain accurate, efficient, and timely records of all participant interactions, services provided, and outcomes in appropriate files and database(s). The design of the form shall be created in collaboration with the UCS stakeholder group (“Project Team”).

• Submit documentation in accordance with programmatic and research standards for data collection and reporting.

6. Program Administration

• Assign a primary contact person responsible for program coordination and communication with referring agencies. Notify stakeholders in writing of any changes to this designated contact.

• Provide appropriate supervision and oversight for any staff included on this project.

• If the proposing organization cannot accommodate all of the required project services as specified in this RFP, proposing organization must partner with one or more organizations to ensure all services are met. The proposing organization is responsible for making all arrangements with Partner Organization. The Partner Organization shall be a subcontractor of the Awarded Contractor and shall be subject to all terms and conditions set forth in the

Section XII, “Subcontracting.” The Partner Organization must be designated in the proposal submitted in response to this RFP, subject to the same approvals as the primary Contractor.

VI. INSURANCE REQUIREMENTS

Awarded applicant shall be required to maintain the insurance specified in Exhibit 4 hereto (Insurance

Requirements) at its own cost and expense during the Contract Term and any renewal or extension thereof.

VII. AWARD SELECTION CRITERIA AND METHOD OF AWARD

One award will be made pursuant to this RFP. The selected awardee must: (1) meet the minimum qualifications outlined in Article IV above; (2) be a responsible bidder as determined in accordance with the criteria in Article XII; and (3) receive the highest composite (average technical + cost) score in excess of the minimum score as determined by the selection criteria set forth herein.

Responsibility is determined in accordance with the criteria articulated in the “Responsible Bidder” paragraph set forth in Article XII (General Specifications).

Proposals will be reviewed and rated by a team of qualified UCS staff.

In the event of a tie composite score, the applicant with the higher cost score, i.e., lowest total cost, will prevail.

Proposals will be scored as follows:

Technical Criteria (80%) Maximum

Points

Organizational Capacity 30

Proposed Service Delivery 50

Maximum Technical Points 80

Cost (20%) 20

Maximum Cost Points 20

MAXIMUM TOTAL POINTS 100

Cost submissions will be scored as follows:

The proposal with the lowest cost will be awarded maximum cost points (20); each higher cost proposal will be awarded points according to the following formula:

𝐿𝑜𝑤𝑒𝑠𝑡 𝑐𝑜𝑠𝑡 𝑝𝑟𝑜𝑝𝑜𝑠𝑎𝑙 ÷ 𝐻𝑖𝑔ℎ𝑒𝑟 𝑐𝑜𝑠𝑡 𝑝𝑟𝑜𝑝𝑜𝑠𝑎𝑙 × 20

For example: Assuming the lowest cost proposal is $100 and the next higher cost proposal is $125, the

$100 cost proposal would be awarded 20 points and the $125 cost proposal 16 points based on the following computation:

100 ÷ 125 = (. 8) × 20 = 16

Note: A minimum Technical Criteria point score of 40 (average of all evaluators) is required for an award to be made.

VIII. REQUIRED DOCUMENTS

General Requirements

All documentation must be submitted on prescribed forms, without alteration. Where no form is included or specified, submissions must be single-spaced with one-inch page margins (not including attachments or financial forms) using a 12-point font. Pages should be numbered. To facilitate photocopying, do not permanently bind documents.

Applicants must submit every document listed below, as well as the documents listed in the Document

Enclosure Checklist annexed as Exhibit 1 hereto. Failure to provide all documents in the manner required may result in disqualification of an applicant’s proposal.

A complete set of the documents required below must be submitted.

a. Narrative Description - Organizational Capacity

Applicants must submit a narrative description of no more than five (5) pages addressing all of the organizational capacity requirements listed below:

1. Briefly describe the proposer’s current principal activities.

2. Briefly describe the proposer’s philosophy of, role in, and approach to, firearm prevention and intervention services.

3. Describe the proposer’s experience providing youth-focused gun violence prevention and community violence intervention programming, including mentor services, therapeutic services, case management and wraparound services (i.e., personalized, team-based, holistic approach designed to address the complex needs of individuals). If applicable, include a description of services provided in connection with any federal- or state-level grants or similar programs.

Include the number and duration of projects.

4. Describe the proposer’s prior experience recruiting or working collaboratively with community-based organizations that possesses demonstrated lived experience aligned with the needs and background of the population being serviced.

5. Describe the proposer’s prior experience collecting, and/or the capacity to collect, Government

Performance and Results Act (GPRA) data.

6. Provide an organizational chart showing all supervisory staff (this chart will not be included in the page limit).

b. Project Staff Resumes

Submit resumes for all staff who will provide Project Services. For those positions currently vacant, submit detailed job descriptions.

c. Narrative Description - Proposed Service Delivery

Applicants must submit a narrative description of no more than five (5) pages addressing all of the Project description requirements listed below. Applicant’s descriptions should take into account the specific program goals as listed in the Grant Chart in Article II above.

1. Describe the proposer’s staffing plan, including the responsibilities, qualifications, level of effort

(percentage of time), and amount of time on-site allocated for each person who will provide intervention services. Include the identification of a primary contact for this project. Describe your capacity to ensure consistent program delivery and accountability. Additionally, outline any plans to subcontract services or subaward awarded funds, if applicable. Include the partnering organization’s role, qualifications, and approach to delivering the proposed services.

2. Describe the proposer’s plan for accepting and managing referrals from the UCS. Explain how the proposer’s intake process identifies the individual needs, risks, and strengths of youth charged with gun-related offenses. Include assessment tools, staff qualifications, and how the proposer ensures timely and effective engagement with referred participants.

3. Detail the proposer’s approach to providing individualized mentoring services. Include the proposer’s strategy for recruiting mentors with lived experience relevant to the target population, how mentors and participants are matched, and how the proposer ensures continuous training, supervision, and support to maintain ethical and impactful mentorship relationships. If the proposer’s plan includes subcontracting these services to another organization in the community, identify the Partner Organization and respond to this requirement from the Partner Organization’s perspective describing their role, qualifications, and approach to delivering the proposed services.

4. Explain how the proposer delivers trauma-informed therapeutic services to youth impacted by chronic violence. Identify the qualifications of the behavioral health team, the therapeutic models utilized (e.g., cognitive behavioral therapy (“CBT”), support groups), and how services are tailored to meet the needs of this specific population. If the proposer’s plan includes subcontracting these services to another organization in the community, identify the Partner Organization and respond to this requirement from the Partner Organization’s perspective describing their role, qualifications, and approach to delivering the proposed services.

5. Describe the proposer’s framework for case management and wraparound services. Detail how participant needs will be assessed, and how targeted referrals in the areas of workforce development, housing, life skills, and education will be addressed. Include how the proposer collaborates across systems to ensure comprehensive, individualized support for each youth. If the proposer’s plan includes subcontracting these services to another organization in the community, identify the

Partner Organization and respond to this requirement from the Partner Organization’s perspective describing their role, qualifications, and approach to delivering the proposed services.

6. Discuss the proposer’s plan to work collaboratively with judicial stakeholders including Resource

Coordinators and other court personnel. Describe how the proposer will provide feedback to the court, case conferencing practices, and how alignment between service plans and court expectations is ensured. Include information about the timing and content of the proposed feedback and how the proposer will ensure that the feedback is structured to promote data informed policy changes.

7. Outline the proposer’s methods for engaging court-involved youth. Describe the evidence-based strategies staff would use to promote attendance at appointments, court compliance, and program participation. Highlight how the proposer builds trust with participants and support their sustained engagement.

8. Explain the proposer’s systems for maintaining accurate and timely records of participant interactions, services, and outcomes. Describe the proposer’s data collection and reporting processes, and how the proposer will collaborate with the UCS Project Team on documentation tools and collecting GPRA court-client outcome data to monitor grant-related goals and objectives.

d. Line-Item Budget Proposal

Proposers must submit a separate line-item budget indicating the total amount of funding requested for each period (“Budget Period”) described below within the Contract Term. The proposing organization must include budgeted expenses for any subcontracted services. The budget must be submitted on the

Required Budget Form available at http://nycourts.gov/admin/bids/currentsolicitations.shtml.

Proposals listing total budgeted costs in excess of the Maximum Available Grant Term Funding set forth in Article II above may be subject to disqualification.

Proposals should include budgeted costs for on-site training, consultation, materials, and other expenses.

Note that there shall be no other charge, cost, reimbursement, or expense of any kind payable by UCS in connection with or arising from the performance of the Project Services. Applicant shall be solely responsible for all costs and expenses incurred in connection with the performance of Project Services that are not expressly included in its budget.

1. The Budget Period is:

• August 1, 2026 – September 30, 2026 (2 months)

• October 1, 2026 – September 30, 2027 (12 months)

2. The maximum budget for the Contract Term (August 1, 2026 – September 30, 2027) is $360,000.

3. Non-Allowable Costs/Expenses

The following items may not be included in applicant’s budget:

• Major capital expenditures

• Interest costs

• Fundraising costs

• Advertising costs except for recruitment of Project Services personnel

• Entertainment costs

• Costs for dues, or attendance at conferences or meetings of professional organizations except that all budgets must include travel expenses for attendance by at least one (1) person(s) at one (1) mandatory grantee meeting per Budget Period.

e. Budget Narrative

Applicant must submit a separate narrative of not more than three (3) pages that briefly describes the expenses included in each budget category of its budget proposal, and how they relate to the Project

Services. The Personal Services description must include a brief description of responsibilities. The

Non-Personal Services (NPS) description must include a brief description of how each expense category relates to the provision of Project Services. The proposing organization must include a budget narrative for any subcontracted services. For travel expenses, if any, explain which staff will be traveling and the destination, purpose, and frequency of travel.

f. Additional Documents

In addition to the documents listed above, applicants must submit all documents listed in the Document

Enclosure Checklist attached as Exhibit 1 hereto.

IX. SUBMISSION OF PROPOSAL

a. Proposal Delivery

Applicants must submit their proposals by hand delivery or mail. Only one (1) signed, hard copy original complete proposal is required. Proposals will not be accepted electronically or by fax.

Proposals must be clearly addressed and submitted to:

NYS Unified Court System

Division of Grants, Contracts & Procurement

2500 Pond View, Suite 104

Castleton-on-Hudson, New York 12033

ATTN: Kyle Cunningham

All envelopes/cartons must also be labeled with the following information on two sides:

“Deliver immediately to Kyle Cunningham”

“Sealed Application - Do not open”

“RFP # OCA-DGCP-078 Queens County Youth Firearm Intervention Services

– Due October 24, 2025 at 2:00 PM Eastern”

b. Submission Deadline

Applications must arrive at the address above by no later than October 24, 2025, at 2:00 PM Eastern.

Any bid/proposal received after this deadline will be declared a late bid and may be disqualified. Notwithstanding the foregoing, a late bid may be accepted by UCS in its sole discretion if:

(i) an insufficient number of timely bids/proposals meeting the requirements of this RFB are received; or

(ii) the bidder has satisfactorily demonstrated to UCS that the late bid was caused solely by factors outside the control of the bidder. However, in no event shall UCS be obligated to accept a late bid, and in making such determination, UCS will consider whether accepting a late bid would materially benefit or disadvantage a particular bidder. It is recommended that bidders allow several extra days for shipping in order to meet the deadline.

c. Amendment of Proposals

Proposers may only amend submitted proposals prior to the Bid Submission Deadline Date. Amended proposals must be submitted in packaging which clearly indicates “Amended Proposal for RFP # OCA-

DGCP-078.” Amended proposals must be signed by an individual who is duly authorized to amend the bidder’s original proposal. Amended proposals must be submitted in the same manner as original proposals described herein. Amended proposals received by UCS after the Bid Submission Deadline Date will be rejected for lateness.

d. Withdrawal of Proposal Prior to Bid Submission Deadline Date

A proposal may be withdrawn at any time prior to the Bid Submission Deadline Date.

e. Bidder Confidential/Proprietary Information

If applicable, bidders must specifically identify those portions of the proposal deemed to contain confidential or proprietary information or trade secrets and must provide justification why such material, upon request, should not be disclosed to parties other than UCS. Bidders are advised that any material deemed confidential by bidder may still be subject to disclosure in connection with any governmental or judicial proceeding or inquiry or as may be required by applicable law, including, but not limited to, Article 6 of the New York Public Officers Law (Freedom of Information Law). Such confidential/proprietary information must be in a separate folder from the non-confidential sections of the proposal.

f. No-Bids

Proposers deciding not to answer this RFP are requested to send a no-bid letter to OCA, Attn: Kyle

Cunningham, Senior Court Analyst, NYS Unified Court System, Division of Grants, Contracts and

Procurement, 2500 Pond View, Suite 104, Castleton-on-Hudson, NY 12033. The envelope must be clearly marked in the lower left corner as follows: RFP # OCA-DGCP-078. No-bid letters may alternatively be sent by email to kccunnin@nycourts.gov. Please indicate in “Subject” field: RFP # OCA-DGCP-078 –

No-Bid.

X. QUESTIONS

Any and all questions applicants may have in connection with this RFP are to be directed by email only to:

Kyle Cunningham kccunnin@nycourts.gov

Please indicate in “Subject” field: RFP # OCA-DGCP-078 Queens County Youth Firearm Intervention

Services Question(s)

The deadline to submit questions is June 25, 2026, at 2:00 PM Eastern. No questions will be entertained after this deadline. A written Questions & Answers (Q&A) listing all questions received and their answers will be posted on the UCS website at www.nycourts.gov/admin/bids in the Addenda column for the appropriate solicitation and emailed to the applicants list promptly after this deadline.

IMPORTANT: Contact by any prospective applicant, or any representative thereof, with any other personnel of the UCS in connection with this RFP may violate the Procurement Lobbying Act of 2005

(see Attachment IV), will jeopardize the respective applicant's standing and may cause rejection of its proposal.

XI. PRE-BID CONFERENCE

A pre-bid conference will not be held.

XII. GENERAL SPECIFICATIONS

The terms and conditions set forth below are binding on, and incorporated into this RFP, the Bidder’s proposal, and any contract resulting from this RFP.

Access to Court Facilities

Awarded contractor(s) must comply with all applicable location rules, policies, guidelines and procedures in order to be granted access to court facilities. Where applicable to the performance of work under an awarded contract, bidders shall be wholly responsible for familiarity with the physical layout and access to the courts and buildings in question, including but not limited to, roadways, overhangs, parking, security, elevators, required access permits or insurance certificates. Court staff cannot modify security measures, access protocols, or parking restrictions to facilitate awarded contractor’s entrance to or egress from court facilities unless required to do so by law.

Binding Nature of Bid/Proposal on Bidders

All bids/proposals shall remain binding on bidders until such time as UCS/OCA provides written notification of its intent to award the contract to a specific bidder or until the bidder requests withdrawal of its bid/proposal in writing, and such withdrawal is accepted by UCS/OCA in its sole discretion in accordance with applicable law, whichever occurs first.

Charities Registration (not-for-profit corporations only)

Not-for-profit corporation vendors must be registered with the New York State Office of the Attorney

General as a charitable organization, and the registration must be up to date at the time of contract approval. Vendors must be sure all their documents are up-to-date and comply with the vendor responsibility requirements as outlined below. To determine the status of your charities registration with the Attorney General, contact: https://www.charitiesnys.com/RegistrySearch/search_charities.jsp

Clarification/Correction of Bids/Proposals

In addition to any rights articulated elsewhere in this solicitation, UCS reserves the right to require clarification at any time during the procurement process and/or require correction of arithmetic or other apparent errors for the purpose of assuring a full and complete understanding of a bidder’s proposal and/or to determine a bidder’s compliance with the requirements of this solicitation. This clarifying information, if requested in writing by UCS, must be submitted by the bidder, in accordance with formats as prescribed by UCS at the time said information is requested and, if received by the due date set forth in UCS’s request for clarification, shall be included as a formal part of the bidder’s proposal. Clarifying information, if any, whether provided orally, visually, or in writing, will be considered in the evaluation process. Failure to provide required information by its associated due date may result in rejection of the bidder’s proposal.

Nothing in the foregoing shall mean or imply that UCS is obligated to seek or allow clarifications or corrections as provided for herein.

Compliance with Laws

Prior to and during the provision of all services under the contract resulting from this RFP, awarded contractor(s) must comply with all applicable federal, state, and local laws, rules, and regulations, including but not limited to fire, health, and safety codes.

Confidential/Proprietary Information

If applicable, applicants should specifically identify those portions of the proposal deemed to contain confidential or proprietary information or trade secrets, and, upon request, must provide justification why such material should not be disclosed to parties other than UCS and the Offices of the New York State

Attorney General and Comptroller. Applicants are advised that any material deemed confidential by applicant may still be subject to disclosure in connection with any governmental or judicial proceeding or inquiry or as may be required by applicable law, including but not limited to Article 6 of the New York

Public Officers Law (Freedom of Information Law). Such confidential/proprietary information must be easily separable from the non-confidential sections of the proposal.

Confidentiality and Data Security

Awarded contractor(s) acknowledges that any and all information, records, files, documents, or reports contained in any media format provided to the awarded contractor(s) by the UCS, or which may be otherwise encountered by awarded contractor(s), shall be considered extremely confidential and shall be handled accordingly at all times. Neither the awarded contractor(s) nor any of its employees, servants, vendors, agents or volunteers shall at any time be permitted to utilize such confidential information for any purpose outside the scope of any resulting agreement from this RFP without the express prior written authorization of UCS. Any breach of this confidentiality by the awarded contractor(s) or by any of its employees, servants, subcontractors, agents, or volunteers, may result in the immediate termination of any resulting agreement by UCS and may subject the awarded contractor(s) to further penalties.

Awarded contractor(s) shall use, and require its employees and authorized agents to use, at least the degree of care a reasonably prudent person would use to protect and prevent improper access to the records.

Awarded contractor(s) is prohibited from maintaining confidential files and records provided to or generated by awarded contractor(s) in a mobile or portable device. Remote access to the UCS confidential information is prohibited unless industry standard protocols for remote access are in place (e.g., SSL, VPN). In addition, awarded contractor(s) will be required to comply with the data security and confidentiality requirements of other government agencies that supply data to UCS.

Contract Terms

The successful bidder shall be required to comply with the provisions set forth in this RFP, as well as such other provisions contained in an agreement, in form and content satisfactory to UCS in its sole discretion.

Estimated Quantities

Any quantities specified in this solicitation constitute estimates only, and accordingly no commitment or guarantee to reach any specified volume of business is made or implied.

Awarded contractor(s) must accept all requests for services placed by UCS during the term of an awarded contract.

Federal Requirements

If an award made under this bid is funded in whole or in part with federal funds, the bid/award recipient shall, at its cost and expense, promptly and fully comply with, and assist UCS as may be necessary in complying with, any federal requirements applicable to such federal award and funding. It is the responsibility of the applicant to be fully familiar with the federal terms and conditions of the award.

Financial Stability

Upon request by UCS, applicant shall provide its audited financial statements prepared in accordance with

Generally Accepted Accounting Principles (GAAP) for the past three (3) consecutive years and a copy of its last three (3) annual reports.

Implied Requirements

Products and services that are not specifically requested in this solicitation, but which are necessary to provide the functional capabilities proposed by the bidder, shall be included in the offer except as specified herein.

Indemnity

Awarded contractor(s) shall indemnify, defend and hold harmless UCS, its officers and employees from and against any and all claims, causes of action, damages, costs, liabilities and expenses of any kind

(including reasonable attorneys’ fees and the cost of legal defense) which UCS may incur by reason of:

(i) awarded contractor’s breach of any term, provision, covenant, representation or warranty contained in the contract awarded as a result of this bid; (ii) any act, omission, negligence or intentional misconduct of awarded contractor(s) or its employees, subcontractors, agents, volunteers or of other persons under its direction and control; (iii) awarded contractor’s performance or failure to perform under the contract; or

(iv) enforcement by UCS of the awarded contract or any provisions thereof.

Independent Contractor Status

It is expressly understood and agreed that the awarded contractor’s status shall be that of an independent provider of services and that no officer, employee, servant or subcontractor of the contractor is an employee of the UCS, OCA or State of New York. The awarded contractor(s) shall be solely responsible for the work, assignment, compensation, benefits, and personal conduct and standards of all such persons assigned to the provision of services. Nothing herein shall be construed to impose any liability or duty on the UCS, OCA or State of New York to persons, firms, consultants corporations, or other organizations employed or engaged by the awarded contractor(s), either directly or indirectly, in any capacity whatsoever, nor shall the UCS, OCA or State of New York be liable for any acts, omissions, liabilities, obligations or taxes of any nature including, but not limited to, unemployment and Workers’

Compensation insurance of the awarded contractor(s) or any of its employees or subcontractors.

Inspection of Bidder’s/Awarded Contractor’s Facilities

The UCS/OCA reserves the right to inspect bidder’s proposed facilities, as part of the bid evaluation.

Subsequent to award, awarded contractor’s facilities shall be made available for periodic inspection. In all instances, advance notification will be communicated by appropriate UCS personnel.

Intellectual Property

If awarded contractor(s) is required to produce specially commissioned materials pursuant to the awarded contract (the “Work”), whether in written form, on tape, on computer-readable media, or in another tangible or intangible form, contractor acknowledges and agrees that UCS shall have the option to: (i) retain a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the Work;

or (ii) be the sole owner of the Work (the Work shall be considered a "work made for hire”), for Work generated under the awarded contract at no additional cost to UCS.

Minor Bid Irregularities

Provided the same will not materially benefit or disadvantage any particular bidder or substantially alter the requirements of this bid, UCS may: (i) waive technicalities; (ii) waive minor irregularities, omissions or incompletions in the bid or a bid response; (iii) waive any bid requirements that are unmet by all bidders;

(iv) consider any and/or all alternatives and/or enhancements suggested by the successful bidder; or (v) make an award under the bid in whole or in part and negotiate contract terms and conditions with the successful bidder to meet UCS requirements consistent with such award.

Notice of Substantial Change in Contractor’s Status

In addition to complying with the requirements of State Finance Law Section 138 (requiring prior approval of subcontractors and assignments or conveyances), Contractor shall notify UCS of any substantial change in the ownership, membership, or financial viability of the awarded contractor(s) in writing immediately upon its occurrence. In addition to any other remedies available at law or in equity, UCS shall have the right to cancel the contract, in whole or in part, for cause, if it finds, in its sole judgment, that such substantial change adversely affects the delivery of services under the contract or is otherwise not in the best interests of UCS.

Online RFP Package: Disclaimer

Bidders accessing any UCS/OCA solicitations and related documents from the New York State UCS website www.nycourts.gov/admin/bids under “Current Solicitations” shall remain solely and wholly responsible for reviewing the respective solicitation and bid documents on the internet regularly, up to the scheduled date and time of the bid/proposal due date, to ensure their knowledge of any amendments, addenda, modifications, or other information affecting the solicitation or bid documents in question.

Payment

Awarded contractor(s) shall send true and accurate invoices on a quarterly basis by email or by conventional mail to such person as UCS/OCA shall designate in the contract resulting from this RFP or by such other method to another person at another address as UCS/OCA shall designate.

Payment shall be made quarterly in arrears and shall be made within thirty (30) days of submission by awarded contractor(s) and approval by UCS of invoices satisfactory to UCS and Office of the State

Comptroller.

Payment for services performed under the awarded contract shall be conditioned upon the acceptance and approval of such services. Payment shall also be conditioned on whether those services are sufficiently complete both in accordance with the RFP specifications and to the extent necessary for UCS to utilize those services for their intended purpose.

Pricing

All pricing submitted pursuant to the solicitation shall be net and include all costs for the performance of all services required under this solicitation, including transportation costs.

Other than the pricing submitted on the Required Budget Form, there shall be no other charge, cost, reimbursement or expense of any kind payable by UCS in connection with, or arising from, awarded contractor’s performance of the services set forth herein. Awarded contractor(s) shall be solely responsible for all costs and expenses incurred in connection with the performance of such services.

Pricing shall be submitted only on, and in the format prescribed by, the Required Budget Form. Bidder must quote pricing on a cost per employee basis and compute all price extensions prompted by Required

Budget Form. In the event of a bidder’s miscalculation, the unit price will prevail. UCS reserves the right to make mathematical corrections based on unit price(s). Pricing in the awarded contract for amounts in increments not equal to pricing units indicated in the Required Budget Form will be prorated accordingly.

Pricing will remain unchanged during the Contract Term.

Rejected and Unacceptable Bids/Proposals/Awards

UCS reserves the right to reject any and all proposals or bids submitted in response to this solicitation. In addition, UCS may reject any bids/proposals from any bidders who are in arrears to the State of New York upon any debt or performance of any contract; or who have previously defaulted on any contractual obligations (as contracting party, surety or otherwise) or on any obligation to the State of New York; or who have been declared not responsible or disqualified by any agency of the State of New York, or who have any proceeding pending against them relating to the responsibility or qualification of the bidders to receive public contracts, whose proposal is incomplete or otherwise non-responsive in any material respect; or who are found to be non-responsible based on any of the criteria specified in the section headed

“Responsible Bidder.”

UCS also reserves the right to reject any bidder: (i) whose facilities and/or resources are, in the opinion of

OCA, inadequate or too remote from the UCS locations to render services in a timely manner in accordance with all requirements of this solicitation; (ii) who does not provide references in accordance with the bid specifications, or whose references report significant failure to comply with specifications;

or (iii) who are otherwise, in the opinion of OCA, unable to meet specifications.

UCS further reserves the right to set aside a bid award to a successful bidder if it is unsuccessful in negotiating a satisfactory contract within a time frame acceptable to the UCS, in which event UCS may then invite the next responsible and responsive bidder with the next highest evaluation score to enter into negotiations for purposes of executing a contract.

Responsible Bidder

A bidder shall be defined as “responsible” in accordance with, but not limited to: references, past performance history, financial stability, responses to the Vendor Responsibility Questionnaire (see

Attachment III-Vendor Responsibility Questionnaire), the criteria set forth in the paragraph headed

“Rejected and Unacceptable Bids/Proposals/Awards,” as well as any other criteria necessary and reasonable to establish the bidder’s responsibility.

Silence of the Specifications

The apparent silence of the specifications contained as part of this package as to any detail or to the apparent omission of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement.

Subcontracting

Subcontracting, and any other transfer of any duties or obligations to be performed hereunder, will be permitted only with the prior written consent of UCS to the proposed subcontractors. In the event that bidder proposes to use one or more subcontractors, the specific subcontractors and the services proposed to be performed by such subcontractors, must be listed in bidder’s proposal. If a bidder that proposes to use one or more subcontractors is awarded the contract, the award will constitute the prior written approval of UCS to the subcontractors named in the bidder’s proposal. All subcontracts shall be in writing and contain provisions which are functionally identical to, and consistent with, the provisions of the contract.

Unless waived in writing by UCS, all subcontracts between the Contractor and subcontractors shall expressly name UCS as the sole intended third-party beneficiary of such subcontract. UCS reserves the right to review, approve, or reject any subcontract, as well as any amendments to said subcontract(s), and this right shall not make the UCS or the State of New York a party to any subcontract or create any right, claim, or interest in the subcontractor or proposed subcontractor against UCS or the State.

The awarded contractor(s) will be the prime contractor and will be responsible for all services required by this RFP. The UCS will communicate only with awarded contractor(s), and the awarded contractor(s) shall remain wholly liable for the performance by, and payment to, any such subcontractors, their employees, agents, consultants or representatives. UCS may require subcontractors to provide evidence of insurance, as applicable, prior to UCS approval. If total compensation to any subcontractor exceeds

$100,000 in the aggregate, the subcontractor must submit and certify a Vendor Responsibility

Questionnaire.

Contractor shall give UCS immediate notice in writing of the initiation of any legal action or suit which relates in any way to a subcontract with a subcontractor or which may affect the performance of the

Contractor’s duties under the awarded contract.

Termination

Early termination of the contract for cause may result in, among other consequences, exercising any or all remedies available to UCS and New York State, including, but not limited to: the awarded contractor(s) both being declared non-responsible by the UCS/OCA pursuant to the UCS and Office of the State

Comptroller’s guidelines on vendor responsibility and/or being removed from the UCS/OCA applicants list for future solicitations.

A. Early Termination for Budget Modification

1. If the UCS Budget (“Budget”) is modified (a “Budget Modification,” defined in subsection 2 below) for any State fiscal year included in the term of the awarded contract, in whole or in part (including any renewal or extension term), such that UCS determines, in its sole discretion, that it is necessary to reduce, eliminate, or otherwise modify the budget allocation covering payment thereunder, UCS shall have the option to terminate the awarded contract upon not less than thirty (30) days’ notice to awarded contractor(s), without liability for costs, expenses or damages as a result thereof.

2. For purposes of this subsection A, Budget Modification shall mean and include, with respect to the Budget or any appropriation contained therein:

i. any reduction, elimination or restriction upon access thereto as provided by law; or

ii. any restriction placed on UCS’ spending authority, including any restriction imposed by UCS upon itself in response to a request of the Executive or Legislative Branch of government.

3. Termination hereunder shall be further governed by the termination provisions contained in the awarded contract, as applicable.

B. Early Termination for Cause

Early termination of the contract for cause may result in, among other consequences, exercising any or all remedies available to UCS and New York State, the awarded contractor(s) both being declared non-responsible by the UCS/OCA, pursuant to the UCS and Office of the State

Comptroller’s guidelines on vendor responsibility and in the awarded contractor’s removal from the UCS/OCA’s bidders list for future solicitations.

Unified Court System Self-Insurance

UCS, a New York State governmental entity, is self-retained for risk of loss and liability.

Work for Hire

If awarded contractor(s) produces any materials for UCS pursuant to this RFP, such work shall be deemed

“work for hire” and shall be governed by the terms of Exhibit 5 (Appendix B: Terms and Conditions

Applicable to Materials Produced Under the Agreement).

EXHIBIT 1

DOCUMENT ENCLOSURE CHECKLIST

The documents listed below must be submitted together with applicant’s proposal. Failure to do so as required may disqualify applicant’s response.

Documents requiring signature must be duly signed where indicated. The listed documents may not be modified, retyped or amended in any manner.

A complete set of RFP documents must be submitted. Failure to provide all documents in the manner required may result in disqualification of an applicant’s proposal.

____ Proposal Cover Sheet (Exhibit 2)

____ Vendor Assurance and Conflict-of-Interest Disclosure (Exhibit 3)

____ Narrative Description – Organizational Capacity (Article VIII (a))

____ Project staff resumes (Article VIII (b))

____ Narrative Description – Proposed Service Delivery (Article VIII (c))

____ Line-Item Budget Proposal/Budget Narrative (Article VIII (d) and Article VIII (e))

____ Certificates of NYS Workers’ Compensation and NYS Disability Benefits Insurance, or Certificate of

Attestation of Exemption. (See Exhibit 4 “Insurance Requirements” for a list of accepted forms).

____ Copies of applicant’s certificate(s) of insurance or other adequate proof evidencing the insurance coverages required by the bid specifications (See Exhibit 4 “Insurance Requirements” for a list of accepted forms).

____ Attachment I - Standard Request for Bid Clauses & Forms

Q p.3 - Non-Collusive Bidding Certificate

Q p.4 - Corporate Acknowledgment

_N/A_ Attachment II – Not Applicable

____ Attachment III – Vendor Responsibility Questionnaire questionnaire filed online via Office of State Comptroller VendRep System and certified within 6 months of the bid opening date, or paper questionnaire

____ Attachment IV – Procurement Lobbying forms

Disclosure of Prior Non-Responsibility…