UCO 1014 - Economic Impact Study.pdf

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REQUEST FOR PROPOSALS

UCO 1014 - Economic Impact Study Issue Date: 00/00/0000 Proposal Submission Due: August 21, 2026 at 1:00 PM Eastern Standard Time

Designated Contact:

Caron Christian-Deputy Chief Procurement Officer caron.christian@cuny.edu 205 East 42nd Street New York, NY 10017 mailto:caron.christian@cuny.edu

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

□ Form 20: Gender-Based Violence and the Workplace Certification

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)

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

Part 1: Key Events and Dates; Designated Contacts; Proposal Due Location; Contract Term

Key Events and Dates Action Date CUNY issues RFP for Economic Impact Study July 31, 2026

Submission of Written Questions Due Date 1 August 6, 2026 at 1:00 pm Eastern Standard Time

Submission of Written Questions Due Date 2 August 13, 2026 at 1:00 pm Eastern Standard Time Proposal Submission Due Date and Time August 21, 2026 at 1:00 pm Eastern Standard Time

Proposers are advised to read all sections of this RFP document carefully, including all terms and conditions of the Part 7 - Form of Contract. By tendering a response to this solicitation, each proposer agrees that it accepts all terms and conditions in this RFP solicitation package without exception. If a proposer requires clarification, or if a proposer seeks to propose a change or an exception to, any of the terms and conditions contained in this RFP solicitation package, including to any of the terms and conditions to the form of contract in Part 7, then proposer must make any and all such requests in writing as part of a submission of written questions prior to the Written Questions Due Dates listed above. Requests for revisions or exceptions will be evaluated on a case-by-case basis, and determinations will be published in an addendum to the RFP. Proposers are not to rely upon an exception agreed to for a prior contract award to govern the terms of this solicitation – all proposed exceptions must be introduced and incorporated via addendum issued specifically for this solicitation. A proposer who submits requests for changes to the contract terms to the solicitation after the Written Questions Due Dates may result in the proposer’s proposal submission being deemed non-responsive by the University and not considered for contract award. For the avoidance of doubt, the University will not consider any requests to revise the contract terms after the Proposal Submission Due Date, and the University will not consider any requests to revise the contract terms after tentative Contract award.

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:

The City University of New York 205 East 42nd Street New York, NY 10017 Attn: Caron Christian-Deputy Chief Procurement Officer caron.christian@cuny.edu mailto:caron.christian@cuny.edu

2087-6370-3558, v. 1

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:

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. For this solicitation, CUNY will be accepting proposals via email.

• Proposals submitted via e-mail must include scans of original (wet) signatures and notarizations to be considered a valid Proposal.

• Proposals (including any excel spreadsheets) must be clearly labeled with three (3) separate pdf attachments clearly named for Volume I (Forms), Volume II (Technical Proposal), and Volume III (Price Proposal).

• Proposals submitted via e-mail must be clearly labeled with Proposer’s name and the RFP’s Project name by including the following subject line:

[Company’s Name] – UCO 1014 Economic Impact Study Proposal Submission

III. Anticipated Number of Contracts

CUNY anticipates awarding one (1) contract 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 for one (1) year, commencing on the date that the Contract is approved by the Attorney General and the New York State, as applicable.

V. Questions and Clarifications Regarding RFP Requirements

All questions, requests for clarifications, or requests for a revision to any term or condition of this RFP must be submitted to the University’s designated contact (see Section I above) prior to the applicable due date(s) for submission of written questions. The University will not consider proposed revisions to the terms and conditions set forth in the RFP after such date(s) and will not negotiate the terms and conditions set forth in the RFP at any other time.

With respect to any requests for revisions to Part 7: Terms and Conditions, please be advised that such requests must be in the following format: a copy of the specific clause with the suggested revisions in redline form. The University will not consider requests for revisions to Part 7 that fail to follow this format.

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:

1. Proposer must be a consulting firm with at least ten years of experience in using labor market data and economic modeling to produce studies and reports on behalf of higher education clients as set forth in more detail in Part 3.

2. Proposer must have at least ten years of experience producing data-backed studies and reports on behalf of

U.S. colleges and universities.

3. Proposer must have at least ten years of experience producing data-backed studies and reports which contain the following:

a. Analysis of employment data and impact of education on employment and future earnings; analysis to include analysis on where CUNY workforce resides;

b. Economic output, impact, tax revenue, and return on investment; analysis to include economic impacts (wages, taxes, and more) from small business creation and operation

c. Cost-benefit analysis demonstrating and quantifying the relative value of public investments in higher education, including rate of return and other relevant metrics;

d. Benefits to taxpayers; analysis to include potential savings from moving students off of public benefits as a result of obtaining full-time employment;

e. Breakdown of economic impacts by categories such as research, visitor spending, student spending, alumni impact, and other relevant categories;

f. Analysis of key sectors in the local economy which CUNY programs and graduates support, including quantitative and economic analysis thereof;

g. Quantifying economic benefits of sustainability and resiliency measures in the built environment, including energy reduction and carbon emissions reduction measures; and

f. Societal benefits and savings.

Paragraph II: Non-Mandatory Proposer Qualifications: N/A

Paragraph III: Supplier Diversity Participation Goals

CUNY has established a 30% participation goal (based on the current availability of qualified MWBEs) in the aggregate for New York State certified Minority-Owned Business Enterprise ("MBE") and Women-Owned Business Enterprises ("WBE", and, together with MBE, "MWBEs") and a 7 % participation goal (based on the current availability of qualified SDVOBs) for New York State certified Service-Disabled Veteran-Owned Businesses ("SDVOB"), to be part of the proposed team to provide the Services as subcontractor(s) or suppliers (the "Subcontractor(s)"). The Contractor shall be required to use good faith efforts to meet these participation goals.

Proposers may identify potential MWBE Subcontractor(s) by, among other means, referencing the directory of New York State certified MWBEs found at the following internet address:

https://ny.newnycontracts.com/ https://ny.newnycontracts.com/

Proposers may identify potential SDVOB Subcontractor(s) by, among other means, referencing the list of New York State certified SDVOBs found at the following internet address: https://ogs.ny.gov/veterans.

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/.

https://ogs.ny.gov/veterans 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:

Contractor shall conduct research and analysis on the full scope of CUNY’s economic impact. Contractor will assess available data – including numerous public databases as well as CUNY-provided data – to recommend methodology and final metrics, and execute all analysis and modeling required for the comprehensive final report.

As part of the aforementioned research and analysis, Contractor must also:

3.1 Detailed Specifications and Deliverables:

Contractor shall conduct the following tasks and provide the listed Deliverables:

• An assessment of available public or other external data relevant to CUNY enrollment and demographics, CUNY employees places of residence, payroll, and spending impacts), as well as data on economic inputs and outputs outcomes such as wages, tax information, capital project budgets and spending, sector-specific impacts, small business creation and ecosystem support, public benefits utilization, and more. This assessment shall also include data on:

• cost savings due to sustainability and resiliency efforts implemented across CUNY facilities;

• small-business creation and self-employment from CUNY students and alumni;

• impacts from spending on local businesses and MWBEs

• geographic diversity of CUNY employees;

• public benefits eligibility and how graduates of CUNY programs are able to obtain employment which eliminates the need for public benefits utilization;

• economic impacts of degree-awarding as well as non-degree CUNY programs;

• key sectors in the local economy (including but not limited to the “green economy” sector) which CUNY programs and graduates support; and

• key neighborhoods, boroughs or other location-based impacts showing how CUNY operations, programs, and alumni benefit specific geographies outside of Manhattan

• Quantitative and nonquantitative assessment of CUNY’s impact as a national model for designing and administering economic opportunity and educational programming at scale.

• Propose methodology for the use of external data as well as CUNY-provided data, and provide recommendations for economic activity metrics.

• Develop and manage a detailed workplan with timeline, staffing, resource requirements, and deliverables

• Conduct research and analysis of all available data (as spelled out above)

• Prepare preliminary findings report with final set of economic activity metrics, including but not limited to: economic impact metrics, investment value metrics, economic activity metrics, growth projections, impacts to local businesses – including MWBEs – from local purchasing, and other relevant metrics proposed by Contractor and agreed to by CUNY. Present preliminary findings to CUNY in the form of a draft presentation (PPT or other similar document format and layout) which contains overall analysis and key metrics and which details data sources and methods.

• Prepare and deliver final report, including presentation to CUNY to discuss findings and methods. This report will include key components of a typical economic impact analysis, including but not limited to: executive summary (including infographics and relevant visuals), findings and recommendations, and appendices detailing data sources, methods and analysis, and other content that best-in-class economic impact studies may contain.

3.2 Contract-Specific Provisions

Contractor Responsibilities – General

3.2.1 Subcontracting.

Contractor shall not subcontract any part of the 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 shall remove any such subcontractor following notice from CUNY by the deadline specified by CUNY in such notice.

3.2.2 Location of Services.

Contractor shall perform the Services at the campuses and buildings of CUNY Colleges and Central Office 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 individuals who will be providing the Services as outlined above, and Key Team Member(s) are defined as the main individual(s) who will be involved in the day to day interactions with CUNY, as applicable. .

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 invoices@cuny.edu 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.

mailto:invoices@cuny.edu

3.2.8.4 [if applicable: Access to reasonable work area, a telephone, and photocopying of records will be made available to the Contractor for the purposes of performing the Services.

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 Insurance.

During performance of this Contract and up to the date of termination for any reason, Contractor shall effect and maintain policies of insurance set forth below, written by companies authorized to do business in New York, with an A.M. Best Company rating of A-7 or better, as approved by the University (the “Required Coverage). Contractor shall deliver to the University certificates of insurance as evidence of such policies at least (10) ten days prior to commencement of Services. The coverage afforded under the policies shall apply on a primary and not on an excess or contributing basis with any policies which may be available to the University. At least (2) two weeks prior to the expiration of the policies, Contractor shall endeavor to provide evidence of renewal or replacement policies of insurance, with terms and limits no less favorable than expiring policies to the University.

(i) Workers’ Compensation Insurance: Statutory Workers’ Compensation limits as required by the New York State Law on behalf of all employees of Contractor providing services to the University.

(ii) Employer’s Liability Insurance: $2,000,000 per accident on behalf of all employees of the Contractor providing services to the University and for whom Workers’ Compensation coverage is not a statutory requirement.

(iii) Commercial General Liability (I.S.O. Form CG 00 01 11 96 or equivalent approved by University):

$2,000,000 combined single limit for bodily injury (including death) and property damage, with an aggregate minimum of $4,000,000. Coverage shall be at least as broad as that provided by the most recently issued Insurance Services Office (“ISO”) Form CG 0001 and shall be “occurrence” based rather than “claims-made.” Such insurance shall name the City University of New York, the City of New York, the State of New York, the City University Construction Fund, the Dormitory Authority of the State of New York, and the Research Foundation of the City University of New York and such additional persons or entities as may be reasonably required by the University from time to time (but no more frequently than once per fiscal quarter), as blanket additional insureds. Contractor shall provide the University with certificates of all required insurance and, upon the University’s request, copies of policies and all endorsements.

Notwithstanding the foregoing, if Contractor’s General Liability insurance does not meet the minimum requirements set forth above, then Contractor may elect to obtain an Umbrella policy in an amount such that the sum of Contractors General Liability and Umbrella coverage is equal to the sum of the minimum requirements set forth for Contractor’s General Liability.

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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 [X#] pages and should include, but not be limited to:

4.1 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.

4.2 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.

• Discuss in detail how your firm meets each of the minimum mandatory proposer qualifications stated under Part 2-Paragraph I.

• Describe your firm’s resources, expertise and experience in producing economic impact studies and reports for higher education clients including:

□ highlighting whether your firm has conducted such studies for large public universities or university systems; and

□ highlighting how your firm can potentially include additional items in this study which serve to distinguish

CUNY from other higher education institutions and which highlight its unique value proposition.

• Number of higher education institutions which have used your firm for the Services stated in this

RFP.

• Describe your firm’s resources, expertise and experience in representing public universities organized and operating in the State of New York and City of New York

• Describe and provide evidence of your firm’s experience in providing the services in an efficient and cost-effective manner.

• Describe and provide evidence of your firm’s demonstrable experience of working closely with their clients to produce impactful economic impact studies which function as valuable tools for advocacy and public engagement efforts.

• Describe and provide evidence of your firm’s demonstrable commitment to diversity and inclusion in its hiring, retention, and promotion of women and minorities. This commitment should be reflected in the individuals assigned to provide the services that are being procured under this RFP.

4.3 Understanding and Approach to Rendering the Services:

• Describe in detail your firm’s understanding of and approach to the Services required and its process for rendering services

• Provide a detailed timeline for providing the Services as stated under Part 3.

• Biography and/or resumé for each Key Team Member, including personnel who would have direct contact with or provide services to CUNY. 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.

• Proposed staffing plan for rendering the Services required by this RFP (including any potential plans to use any former CUNY employees triggering JCOPE filing requirements)

• Describe how your firm will meet the Supplier Diversity Participation Goal required under Part 2- Paragraph III.

Part 5: Proposal Price Breakdown Pages (Proposal Volume III)

Proposers must provide a flat all-inclusive price for providing the Services as stated under Part 3.

All-inclusive price must include all administrative and out-of-pocket expenses. CUNY will not be paying any separate cost outside of the all-inclusive proposed price.

All inclusive-price:

• Expressed numerically: $___________________

• Expressed in words:

Please provide a detailed breakout of the all-inclusive price, which shall include but not be limited to, individual’s name, title, role, hourly rate, number of hours, etc.

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 through 6) and that Proposers meet the Minimum Proposer 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 (N/A)

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 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 Procurement Office will score the Price Proposals. Only the University 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 twenty-five (25) points, and higher proposed prices will receive proportionately lower points.

Step 5: Short-Listing Proposers

The University’s Procurement Office will add 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 Procurement Office will inform the Committee members of the total scores of the Proposals. Short-Listed Proposers for this solicitation will consist of the Proposer that receives the highest Initial Scores and all other Proposers that are within ten (10) points of the highest score.

CUNY, in its sole discretion, reserves the right to select the Proposer(s) with the highest Initial Score(s) without requiring Oral Presentations, if no other proposers fall within ten (10) points of the highest Initial Score.

Step 6: Oral Presentation for Short-Listed Proposers, if required (10 points)

The Short-Listed Proposers shall provide an Oral Presentation to the Committee in a form and manner requested by CUNY. The Committee will evaluate a Short-Listed Proposer’s Oral Presentation and award a score with a maximum of ten (10) 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 of 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 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 CUNY for Contract award, if at all.

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Table 1 Proposal Scoring Criteria and Weights

Title Scoring Method

Item Weight

Section Score

Points out of

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

Technical and Management Proposal Scored 65

Proposer’s Background 5

Proposer’s Experience 30

Understanding and Approach to Rendering the Services

Price Proposal Scored 25 Oral Presentation by Short-Listed Proposers, if required

Scored 10

Total Score 100

Part 7: Terms and Conditions of Contract

Proposers are advised to familiarize themselves with the Requirements for Contracting with CUNY before submitting any suggested exceptions to the Part 7 Terms and Conditions: Requirements for Contracting with CUNY – The City University of New York

TERMS AND CONDITIONS

1. The University engages Contractor to provide the services set forth in the Scope of Work (the “Services”) in the Request for Proposals (“RFP”), and Contractor agrees to perform the Services as directed by the University and to provide all necessary staff support and administrative services connected therewith in accordance with the terms and conditions herein.

2. The term of this Agreement is as set forth in the RFP.

3. Capitalized terms not defined in the terms and conditions shall have the meaning as set forth in the RFP.

4. This is a requirements contract, and nothing herein guarantees that the University will request a set amount of hours, as set forth in the RFP and Contractor’s Proposal.

5. The University may terminate this Agreement for any reason or no reason at all upon thirty (30) days written notice. If the University’s decision is based on Contractor’s breach, Contractor shall have thirty (30) days to remedy the breach before termination becomes effective. Upon termination, Contractor shall be entitled to all fees for Services performed and be paid on a prorated basis for those Services rendered up to the date of termination. The rights and obligations of both parties that expressly or by their nature would survive beyond the termination or expiration of this Agreement, including, but not limited to, Contractor’s representations and warranties and the provisions dealing with payment, ownership, indemnification, and confidentiality, shall so survive.

6. This Agreement will have no force and effect and neither the University nor the State of New York bears any liability unless and until all review and approval processes pursuant to governmental policies, practices, and requirements are completed, which processes may include, without limitation, approval by the New York State Comptroller.

7. Notwithstanding any other provisions of this Agreement, Contractor's status shall be that of an independent contractor and not that of an employee or agent of the University. Contractor shall be expected to work, without the full complement of support facilities, working conditions, and supervision given to employees of the University. All persons engaged by Contractor to assist Contractor shall at all times be deemed to be employees of Contractor, and Contractor shall be responsible for their work, direction, and compensation. Contractor shall at all times utilize appropriately qualified and skilled personnel to perform the Services. Nothing in this Agreement shall be construed to impose any liability or duties upon the University for the performance of services by any third party hired or otherwise engaged by Contractor.

8. Neither Contractor nor any persons engaged by Contractor shall receive health insurance, sick leave, annual leave, https://www.cuny.edu/about/administration/offices/legal-affairs/policies-resources/business-transactions-contracting/contracting-with-cuny/ https://www.cuny.edu/about/administration/offices/legal-affairs/policies-resources/business-transactions-contracting/contracting-with-cuny/ pension, or any other fringe benefits associated with employment with the University.

9. Nothing in this Agreement shall impose any tax liability upon the University, including, but not limited to, federal, state, and local income taxes, unemployment insurance, or social security tax, incurred by Contractor or any persons engaged by Contractor. Contractor agrees to indemnify the University its officers, employees, and Trustees;

the City of New York; and the State of New York and hold them harmless from any and all claims for such payments by taxing authorities, including, but not limited to, fines, penalties, levies, and assessments, for failure to withhold or remit such payments.

10. Contractor affirms that to the best of Contractor’s knowledge there exists no actual or potential conflict between the

Services and Contractor's family, business, or financial interests, or those of any employee of Contractor, and no trustee, officer, or employee of the University, or other director, officer, employee, or person whose salary is payable in whole or in part from the treasury of the City of New York or the State of New York, is directly or indirectly interested in this Agreement or in any portion of the profits thereof. Should this situation change during the term of this Agreement, Contractor shall promptly notify the University. The University reserves the right in its sole discretion to determine whether or not any of the interests required to be disclosed under this paragraph shall disqualify Contractor from performing the Services.

11. All Contractor personnel, including subcontractors, if any, shall comply with all applicable “University Policies”, copies of which shall be made available to the Contractor upon request. Contractor shall ensure that any of its personnel performing work on the University’s premises or accessing the University’s computer systems do so with the University’s advance permission and according to all applicable security and workplace-related University Policies.

12. If the University has concerns over Contractor personnel (staff or subcontractors, if any) assigned to perform any portion of the Services and the University believes that the problem is capable of being corrected, the University shall bring such concerns to the attention of Contractor. Contractor shall have a period of seven (7) days following such disclosure to resolve any problems with respect to such person in a manner that is satisfactory to the University. If Contractor is unable to resolve the problem within such seven (7) day period to the University satisfaction, the University may elect to terminate the Agreement. Nothing contained in this Section shall restrict the University from immediately removing the University’s personnel if Contractor’s personnel is engaging in a manner that is unlawful, non-compliant with the University Policies, or other exigent circumstances that require immediate removal.

13. CUNY, at its discretion may, on its own, or through a third party, conduct a criminal background check on

Contractor personnel.

14. While performing Services on-site, Contractor shall register with and sign in at reception and obtain temporary

CUNY identification cards for all workers from the receptionist on the first day of work.

(a) Contractor shall perform all on-site Services, in accordance with approval from the University, not including on CUNY holidays, unless it receives prior written approval to change hours in the form of a schedule provided by CUNY or is necessary for the performance of Services.

(b) Contractor personnel providing Services under this Agreement, who shall have received approval from CUNY before beginning any work, shall be required to wear CUNY-issued photo identification badges at all times while on CUNY property.

(c) Contractor shall protect from damage any and all property at CUNY's premises while performing any of the Services and promptly repair at its cost any damage caused by Contractor.

15. Contractor acknowledges that Contractor and Contractor’s employees, agents, or representatives may, in the course of the performance of this Agreement, be exposed to or acquire information that is confidential to the University or its employees or students. Contractor shall treat all information obtained from the University or disclosed to Contractor while performing this Agreement as “Confidential Information” in accordance with this paragraph except for any such information that the University designates to Contractor in writing as excluded from Confidential Information. This obligation of confidentiality does not extend to any information that: (i) was in the possession of or rightfully known by Contractor prior to the time of disclosure by the University without any obligation to maintain its confidentiality; (ii) is or becomes available to the general public without violation of this Agreement; (iii) is obtained by Contractor in good faith from a third party having the right to disclose it without an obligation of confidentiality;

(iv) is independently developed by Contractor without the participation of individuals who have had access to it;

or (v) is required to be disclosed by court order, provided Contractor gives the University prior written notice of such required disclosure (to the extent legally permitted) and reasonable assistance if the University wishes to contest the disclosure.

16. Contractor shall treat the Confidential Information with the same degree of care that Contractor would treat Contractor’s own confidential information, and with no less than reasonable care. Contractor shall not use the Confidential Information for purposes other than rendering the Services and shall limit access to Confidential Information to those of Contractor’s employees, agents, and representatives having a need to know such Confidential Information to perform the Services. Contractor shall not directly or indirectly disclose, distribute, republish or allow any third party to have access to any Confidential Information without such third party’s executing a confidentiality and non-disclosure agreement with the University under the same terms, or terms at least as restrictive, as set forth in this Agreement.

17. Contractor shall stay aware of and comply with: (i) security requirements and obligations required by applicable law and regulations; (ii) the University Policies concerning security, including internet security policies and procedures, and those included on the Information Security Addendum and IT Policies, available here:

https://www.cuny.edu/about/administration/offices/cis/it-policies/; and (iii) Contractor's security standards, policies, guidelines and procedures, provided that the University Policies shall take precedence over any inconsistencies or conflicts with Contractor's security standards, polices, guidelines and procedures.

18. The Services to be performed hereunder may require Contractor to have access to certain personally identifiable information regarding the University’s students. The University hereby appoints Contractor as its agent for the sole purpose of assuming duties in connection with the processing of student records that would otherwise be provided by the University. As the agent of the University, Contractor is subject to and shall comply with the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) and its prohibitions against disclosure of personally identifiable information regarding students to third parties, except where permitted by the regulations of the United States Department of Education. The University shall assure that any personally identifiable information about its students not considered “directory information”, as defined under FERPA, is appropriately designated in any information provided by the University to Contractor.

19. Contractor shall immediately notify and provide to the University a copy of any request, subpoena, warrant, judicial or court order, administrative order, or arbitral order of an executive or administrative agency or other https://www.cuny.edu/about/administration/offices/cis/it-policies/ governmental authority of competent jurisdiction (a “Demand”) that it receives and which relates to or requires production of Confidential Information that Contractor is processing or storing on the University's behalf. If Contractor is required to produce Confidential Information in response to a Demand, Contractor will provide the University with the Confidential Information in its possession that it plans to produce in response to the Demand prior to production of such Confidential Information. Where the Contractor is not required by law to produce or release the requested information, the written approval of the University is required prior to any such disclosure being made. Notice of such request will be sent to:

Office of the Senior Vice Chancellor for Legal Affairs and General Counsel City University of New York 205 East 42nd Street 11th Floor New York, NY 10017 ogc@cuny.edu

20. Upon termination or completion of the Services, or at any time the University requests, Contractor shall return to the University, or destroy, all copies of the Confidential Information, in whatever media, and shall provide the University with a sworn certification that Contractor has complied with Contractor’s obligations under this paragraph.

It is understood and agreed that, in the event of a breach, threatened or actual, of this paragraph, damages may not be an adequate remedy and the University shall be entitled to injunctive relief to restrain any such breach without having to post an undertaking.

21. Contractor shall stay aware of and ensure that the Services comply with all applicable laws, regulations and rules concerning the management and performance of the services.

22. The University reserves the right to deduct from the Scope of Work and make an equitable adjustment in the Contract Price or delivery date if the change affects the cost or time of performance.

23. Contractor shall protect, indemnify, and hold the University and its officers, employees, and Trustees; the City of New York; and the State of New York harmless from and against any and all claims, suits, causes of action, liabilities, losses, damages and expenses (including, but not limited to, attorney's fees and court costs in connection with any such matters) to which the University and its officers, employees, and Trustees; the City of New York, and/or the State of New York may be subjected arising out of or relating to: (a) injury to person or property, or wrongful death, that may result from any negligence, willful misconduct, intentional wrongdoing, malpractice, or incompetence of Contractor, or anyone employed or engaged by Contractor, in connection with the performance of this Agreement;

and (b) any breach by Contractor of this Agreement or any of Contractor’s representations or warranties set forth herein.

24. Contractor shall indemnify and hold the University, its officers, employees, and Trustees harmless from any loss or damage to the University resulting from the violation by the Contractor, its agents, officers, employees, partners and subcontractors of the University security procedures or policies resulting from any negligent or criminal acts committed by Contractor’s officers, agents, employees, and subcontractors while providing Services under the Contract.

25. Any invention or discovery, whether or not patentable, that is conceived or reduced to practice by Contractor and arises out of Contractor’s performance of the Services shall be reported to the University with complete information concerning such invention or discovery. The University retains all right, title, and interest to any such invention or discovery and retains the sole right to determine whether a patent application shall be filed. Contractor mailto:ogc@cuny.edu shall cooperate fully with the University or its designee to enable it to secure the rights retained under this paragraph 26 and shall execute all documents necessary to do so.

26. All copyrightable works (including, but not limited to, reports, compilations of data, software, pictorials, or…