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REQUEST FOR PROPOSALS

UCO 1017 - Online Proctoring Solution

Issue Date: July 29, 2026 Proposal Submission Due: September 10, 2026. 1:00 PM Eastern Standard Time ("EST")

Designated Contact:

Caron Christian 205 East 42nd Street, 10th Floor New York NY 10017 Caron.Christian@cuny.edu 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

Attachment A: Artificial Intelligence Clauses for New York State Contracts

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 Training

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 Online Proctoring Solution July 29, 2026

Procurement Lobbying Law Restrictions Begin April 1, 2026

*Submission of Written Questions Due Date 1 August 7, 2026 1:00 PM EST

*Submission of Written Questions Due Date 2 August 28, 2026 1:00 PM EST

Proposal Submission Due Date and Time September 10, 2026 1:00 PM EST

Proposers are advised to read all sections of this RFP document carefully, with emphasis on all terms and conditions. By tendering a response to this solicitation, each proposer agrees that it accepts all terms and conditions in the package without exception. If a vendor requires clarification on, or seeks to propose an exception to, any of the terms and conditions contained in the solicitation package, all such requests must be made in writing prior to the Questions Deadlines listed above. Proposed exceptions will be evaluated on a case-by-case basis, and determinations will be published in a subsequent addendum. Proposers are not to rely upon an exception agreed to for a prior contract award to govern the terms of this solicitation – all proposed exceptions must be introduced and incorporated via addendum issued specifically for this solicitation. A proposer who submits exceptions to the solicitation after the Q&A Period may result in the proposer’s submittal being deemed non-responsive by the University.

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 Attention: Caron Christian E-mail: Caron.Christian@cuny.edu

New York State Procurement Lobbying Law permits rejection of a Proposal if a Proposer has made any unauthorized contact during the Restricted Period (as defined in the Procurement Lobbying Law).

Multiple violations of procurement lobbying restrictions regarding permissible contacts may lead to a Proposer’s being debarred from participating in future New York State procurements.

II. Proposal Due Location:

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.

mailto:E-mail:%20Caron.Christian@cuny.edu

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

b. 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).

c. 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:

[Firm’s Name] – UCO 1017 Online Proctoring Solution 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 five (5) years, commencing on the date that the Contract is approved by the Attorney General and the New York State or New York State Comptroller.

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 College’s designated contact (see Section I above) prior to the applicable due date(s) for submission of written questions. CUNY 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.

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Part 2: Proposer Qualifications and Requirements; and Diversity Participation Goals

Paragraph I: Minimum Proposer Qualifications [mandatory qualifications]:

CUNY is seeking an appropriately qualified firm with experience in providing these Services. To be considered for Contract award, the Proposer and any Subcontractor(s) must meet the following minimum qualifications:

a. Proposer must have at least five (5) years of experience in providing similar services comparable in size, scope, and complexity to those required by the contract that results from this solicitation, for higher education institutions.

b. Proposer must have a verifiable operating history of at least five years with at least 3 clients that are similar in scope and/or size to CUNY.

c. Proposer must be duly authorized to work in the State of New York.

Proposer’s Subcontractors must also possess appropriate qualifications and an acceptable level of experience, as determined by CUNY in its sole discretion.

Paragraph II: Non-Mandatory Proposer Qualifications:

N/A.

Paragraph III: Supplier Diversity Participation Goals

a) 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 6% 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 (as defined in Part 3 below) shall be required to use good faith efforts to meet these participation goals.

b) 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/

c) 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/.

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https://ny.newnycontracts.com/ 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:

The City University of New York (CUNY) seeks an innovative proctoring solution that can support the integrity of online assessments across diverse academic programs. The solution should provide strong capabilities around identity validation, environment monitoring, anomaly detection, and academic integrity violation. The solution should leverage automation, artificial intelligence (“AI”), and vendor-supplied live proctors to provide flexible, scalable for long- term multi-year adoption and storage, and comprehensive support for online test integrity.

The solution must include analytics and reporting tools that help test owners and instructors manage and analyze exam data and deliver key system metrics for administrators around usage for their institution. The Contractor shall store the data in accordance with CUNY’s data retention requirements.

3.1 Detailed Specifications and Deliverables:

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

A. Core Functions

1) Proctoring: The solution shall allow for full proctoring via web and mobile devices. The solution shall integrate with our Learning Management System (LMS) (D2L Brightspace) via Learning Tool

Interoperability (LTI) to enable faculty to set up and administer exam sessions linked to their online courses. During sessions, the system shall record video, audio, location, and screens to provide evidence of potential testing violations. Stored recordings shall be easily accessible to faculty and administrators through the platform. Simple student tutorials will be key for adoption across the non-traditional student body.

As a baseline, we estimate approximately 26,500 fully online courses (approx. 604,000 seats) may require online proctoring and anticipate a maximum 5% growth of courses each year. Average exam length is 90 minutes. Assuming sessions length, two proctored exams per course, and national benchmarks of 15-35% use of live or AI proctoring for online courses, with higher usage in STEM, nursing, business, and gateway math, we have modeled the estimated annual proctoring demands at CUNY.

Table 1. Estimated Annual Proctoring Demand

Adoption Rate Estimated Sessions Estimated Proctoring Hours

Low (15%) 180,000 270,000

Moderate (25%) 300,000 450,000

High (35%) 420,000 630,000

Contractor shall provide the following:

i. Live (remote) proctoring available on-demand and/or by scheduled appointment.

ii. Online (automated) proctoring, utilizing AI (See Section 4.4 on CUNY expectations of AI use) and machine learning for behavioral analysis.

iii. Live help for faculty, students, and administrators when engaged in real-time exam-taking

iv. Bandwidth testing before assessments.

v. Browser Compatibility with major browsers including, but not limited to, Chrome, Firefox, Safari, and Edge; and compatibility with major operating systems such as, but not limited to, MacOS, iOS, Android, Windows, and Chrome.

vi. Lab version that can be used for large-group proctored exams.

B. Solution Integrity: Maintaining assessment integrity is critical. The solution shall use current validation techniques like ID cross-checking, biometrics, and facial recognition to ensure the test taker matches the student ID. Any potential violations of policy or integrity detected by the solution shall be clearly flagged or labeled (via log and/or notification) for later review.

C. Monitoring and Reporting: Contractor shall provide CUNY with proctor reviews and anomaly reports within

48 hours of an exam’s completion. Proposer shall also provide usage statistics for determining adoption and engagement. Other reports may include, but are not limited to the following:

i. Admin Dashboards

ii. Exam Analytics Dashboards

iii. Incident Reports

iv. Session Reports

v. Test-taker Experience

vi. Trend Analysis

vii. Academic Integrity

viii. AI

D. Training and End User Support

Accessible tutorials and training materials (e.g., how-to guides, recorded webinars) available on demand are required for all users.

1) Faculty: Faculty shall be able to directly manage exam setup, administration, recordings review, and access to student testing status (completed, in progress, not completed etc.).

2) Students: Solution shall support a diverse student body through strong accessibility (WCAG 2.2 AA or successor), multiple device support, and adaptive functionality (adapt to individual student behaviors and patterns). The solution shall include practice tests before assessments.

3) Administrators: In overseeing a complex solution across a multifaceted institution, administrators require full control and visibility into system usage, issues, configurations, and reporting. Immediate live technical support must be provided to allow administrators to rapidly respond to any implementation challenges that arise. The solution shall include a detailed Escalation and End User support procedure.

E. Support and Maintenance: The solution shall include:

i. End-user support during business hours (Mon-Fri), and downed system technical support 24x7.

via chat, phone, email

ii. Account management.

iii. Scheduled maintenance communication (Refer to Part 8 SLA for details) and rescheduling of maintenance (in agreement with CUNY) if it conflicts with examination schedule for CUNY users.

F. Implementation, Integration: The Contractor is responsible for

1) Implementation plan including testing, LMS integration, configuration, and go-live support

2) Post-go-live support, performance monitoring, and updates to management

3) All implementation, integration, must be completed by end of Q2 2027.

i. Systems Integration process and resources required for those platforms identified above, and potentially others.

ii. Administrative permissions needs and management.

G. Information Technology Performance Requirements: The Contractor must comply with the Information Technology Performance Requirements of The City University of New York (CUNY), as set forth in the University’s standard “Information Technology Performance Requirements (Terms to be Included in Solicitations and Contracts).”

These include, but are not limited to, the following mandatory areas of compliance

a) Accessibility: All web and digital content must conform to Section 508 of the Rehabilitation Act, NY Executive Law § 170-f, and the most current version of the Web Content Accessibility Guidelines (WCAG 2.2 AA or successor). Vendors must provide a current Accessibility Conformance Report (ACR) or Voluntary Product Accessibility Template (VPAT) reflecting the current software release.

b) Authentication and Access Control: The solution must integrate with CUNY Login (Oracle Access Management), supporting Single Sign-On (SSO) using SAML 2.0, OpenID Connect (OIDC), or OAuth 2.0, and must support CUNY’s session management, attribute mapping (emplID, email, roles), and Single Logout requirements.

c) IT Security: The solution must adhere to CUNY’s Service Provider Standard and cybersecurity policies, including annual submission of SOC 2 (Type II) or SSAE 18 reports (and PCI compliance reports if applicable). All data must be encrypted in transit (TLS 1.2 or higher) and at rest (AES-256), with layered protection and incident-response protocols consistent with the CUNY Information Security framework.

d) Integration with Enterprise Systems: The solution must support robust integration with CUNY’s ecosystem, specifically:

1. Full LTI 1.3 integration with Brightspace by D2L, with support for assignments, quizzes, and discussions

2. RESTful API access for integration with external systems (e.g., SIS, data warehouses)

3. Operable as a standalone solution via secure web-based portal with equivalent functionality

4. Real-time synchronization of course rosters, submissions, and grades

5. Support for Single Sign-On (SSO) using protocols including SAML 2.0, OAuth 2.0, and LDAP

6. Role-based user provisioning and automatic account creation through institutional identity management

e) Project Management: The Contractor must adhere to CUNY’s project-management standards, including providing a comprehensive project plan, risk log (RAID), governance documentation, testing strategy, and change-order approval process. Status reports must include progress, risks, and resource utilization.

f) Service Standards: The Contractor must maintain at least 99.5 percent uptime per month, with no more than 16 hours of scheduled maintenance outside of business hours, and must provide 24 × 7 monitoring and escalation procedures. Initial support-response times shall meet the following standards:

• Priority I (Service Unavailable): 1 hour

• Priority II (Major Module Down): 2 hours

• Priority III (Function Degraded): 1 business day

• Priority IV (General Inquiry): 2 business days.

CUNY reserves the right to assess performance credits as defined in the Information Technology Performance Requirements document for failure to meet uptime or response standards.

H. Privacy and Compliance: Protecting student data integrity starts with hardened data security standards, including encryption, access controls, retention policies, and redundancy planning. Student consent and transparent data usage policies shall be integral to the solution;. Contractor’s solution components shall include reliable uninstall procedures to prevent residual data persistence. Contractor’s solution must:

i. Store Exam data stored in accordance with CUNY data retention policies (https://policy.cuny.edu/schedule/instruction/).

ii. Allow only authorized users to access restricted data

iii. Support role-based access controls and provide detailed audit trails

iv. Be compliant with GDPR (General Data Protection Regulation) processes https://gdpr.eu/

v. Be in compliance with CUNY’s Service Provider Standard.

(https://www.cuny.edu/wp-content/uploads/sites/4/page-assets/about/administration/offices/cis/information-security/security-policies-procedures/CUNY- Service-Provider-Standard.pdf)

vi. Be FERPA compliant (e.g., obtain necessary consent, ensure data security, and provide an opt- out option to comply with FERPA requirements).

3.3 Implementation Timeline and Milestones

The selected Contractor will be expected to work closely with CUNY Central and designated campus stakeholders to ensure a coordinated, phased implementation of the Online Proctoring platform across the University system. The platform must be fully operational at pilot campuses on or about January 2027, with subsequent rollouts occurring on a defined schedule approved by CUNY.

A detailed project plan must be submitted as part of the Technical Proposal and must include proposed activities, milestones, staffing, dependencies, and delivery dates.

Anticipated Project Timeline

Milestone Target Date Contract Award October 2026 Project Kickoff Meeting Within 10 business days of contract execution Technical Integration & Configuration Begins

Nov/Dec 2026

Training & Sandbox Environment Deployment

December 2027

Pilot Go-Live (selected campuses) Q1 2027 University-Wide Phased Rollout Q2 2027 Final Platform Acceptance August 2027

A. Required Implementation Deliverables

The Proposer’s project team must deliver and maintain the following throughout the implementation phase:

1. A designated Implementation Project Manager responsible for coordination with CUNY

2. A detailed Project Implementation Plan including scope, timelines, staffing, and dependencies

3. Integration documentation for Brightspace (LMS), and identity management systems

4. A campus onboarding toolkit that includes user configuration guides, communications templates, and training materials

5. Vendor-led change-management program including:

a) communications playbook for effective faculty & student messaging

b) training materials and on-demand resources for faculty & student

6. Weekly project status reports including issue logs, risk mitigation, and milestone tracking

7. Go-live readiness checklist and phased launch approval from each participating campus

8. A Post-Implementation Review report summarizing deployment outcomes, user feedback, and action plan to address any remaining issues https://gdpr.eu/ https://www.cuny.edu/wp-content/uploads/sites/4/page-assets/about/administration/offices/cis/information-security/security-policies-procedures/CUNY-Service-Provider-Standard.pdf https://www.cuny.edu/wp-content/uploads/sites/4/page-assets/about/administration/offices/cis/information-security/security-policies-procedures/CUNY-Service-Provider-Standard.pdf https://www.cuny.edu/wp-content/uploads/sites/4/page-assets/about/administration/offices/cis/information-security/security-policies-procedures/CUNY-Service-Provider-Standard.pdf

B. Ongoing Support After Go-Live

Following platform acceptance, the Contractor must:

1. Transition implementation team responsibilities to an assigned Account Manager

2. Provide monthly performance reports aligned with SLA metrics

3. Deliver any remaining or deferred training to new users

3.4 Contract-Specific Provisions

Contractor Responsibilities – General

3.4.1 Subcontracting.

Contractor shall not subcontract any part or the entire Contract without the prior written consent of CUNY, which may be withheld, conditioned or rescinded at CUNY’s sole and absolute discretion. CUNY may request information concerning the qualifications and experience of the proposed subcontractor, and Contractor shall provide such information promptly upon CUNY’s request. CUNY reserves the right to require that any previously approved subcontractor be removed from the Project, and Contractor shall remove any such subcontractor following notice from CUNY by the deadline specified by CUNY in such notice.

3.4.2 Location of Services.

Contractor shall perform all Services (e.g., implementation, integration, training, etc.) remotely. The contractor is responsible for any costs associated with any on-site engagement at the vendor’s discretion.

3.4.3 Project Team

3.4.3.1 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.

3.4.3.2 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. Key Personnel must have equivalent qualifications and experience, with the appropriate skills and background to deliver fully the required Services.

3.4.3.3 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.

3.4.3.4 Contractor shall designate a senior manager of Contractor as the Contract project manager for this project (“Senior Manager”). The Senior Manager shall:

3.4.3.4.1 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;

3.4.3.4.2 be employed by the Contractor; and

3.4.3.4.3 have full decision-making authority on behalf of Contractor and the authority to obligate Contractor.

3.4.3.5 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.

3.4.3.6 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.

3.4.4 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.

3.4.5 Document Delivery

3.4.5.1 Contractor shall provide all draft versions of the Deliverables (as described below) with roles and responsibilities for each deliverable to CUNY in sufficient time for CUNY review, including time to make modifications and to provide final approval.

3.4.5.2 Contractor shall transmit each Deliverable to CUNY with a dated and signed transmittal letter.

3.4.6 Return of CUNY Information

Within ten (10) calendar days of expiration of contract term or termination of contract for any reason, Contractor shall, with respect to all CUNY documents and data, in whatever media, whether originally provided or created during performance of the Services:

a. return them to CUNY; and

b. destroy data and provide independent certification of destruction of all copies.

3.4.7 Invoices

3.4.7.1 Contractor shall submit invoices to College’s Accounts Payable Department at a time interval and in a format approved by College.

3.4.7.2 Contractor shall provide sufficient and appropriate documentation with invoices. CUNY reserves the right to request additional information at any time.

3.4.7.3 Contractor acknowledges and agrees that CUNY will pay Contractor only upon acceptance of properly prepared invoices with sufficient supporting documentation.

3.4.7.4 CUNY will not pay Contractor for work performed beyond the scope of this Project or for any change order not duly authorized.

3.4.7.5 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.

3.4.8 Miscellaneous

3.4.8.1 Note: College will identify a Contract Manager to act as the liaison with the

Contractor. College will provide Contractor with College holiday schedules.

3.4.8.2 Contractor acknowledges and agrees that College will not provide clerical support.

3.4.8.3 Contractor acknowledges and agrees that Contractor will not be provided computer time or the use of computer hardware and software.

3.4.8.4 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.

3.5.1 Before performing any Work and during performance of this Contract and up to the date of final acceptance of the Work, Contractor shall procure and maintain with companies satisfactory to the University, the following types of insurance, in the amounts shown below.

3.5.1.1 Workers' Compensation Insurance: Statutory Workers' Compensation Insurance in accord with the Laws of the State on behalf of all employees who are to provide labor or service under this Contract.

3.5.1.2 Employer's Liability Insurance: Employer's Liability Insurance affording compensation for all employees providing labor or services for whom Workers' Compensation coverage is not a statutory requirement. Such insurance shall be in an amount not less than one million dollars ($ per accident.

3.5.1.3 Commercial General Liability Insurance: Commercial general liability insurance policy (Issued by a carrier admitted in the State) in Contractor's name and naming the University, the City, and the State as additional insureds. The policy shall protect the above-named entities, Contractor and its subcontractors from claims for property damage and/or bodily injury that arise from operations under this Contract. Such insurance shall be in an amount not less than one million to 2 million dollars aggregate ($ 1,000,000 - $2,000,000 ) per occurrence combined single limit.

3.5.1.4 Automobile Liability Insurance: Vehicle insurance covering all owned, non-owned and hired vehicles to be used in connection with this Contract. Such insurance shall be in an amount not less than one million dollars ($1,000,000 ) per occurrence combined single limit.

3.5.1.5 Professional Liability/Errors& Omissions and Internet Policies: Professional Liability/Error & Omissions and Internet Policies in the Contractor’s name and naming the University, the City, and the State as additional insureds. The policy(ies) shall include 44 of 119 coverage to the above-named entities for professional services, security and privacy, and include a waiver of subrogation in favor of the University. Such insurance shall be in an amount not less than two million dollars ($2,000,000 ) per occurrence.

3.5.1.6 ID Theft and Cyber Extortion Policy: ID Theft and Cyber Extortion Policy in the Contractor’s name and naming the University, the City and the State as additional insureds. The policy(ies) shall include coverage to the above-named entities for crisis management and public relations expense and include a waiver of subrogation in favor of the University. Such insurance shall be in an amount not less than ten million dollars - $10,000,000($10,000,000 – 20,000,000) per occurrence.

3.5.1.7 Umbrella or Excess Liability Insurance: Umbrella or Excess Liability Insurance shall include coverage to the above-named entities in an amount not less than five million dollars ($5,000,000 ).

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 25 double sided 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 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.

• 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 and Staffing Plan

• Describe in detail how your firm meets each of the minimum qualifications stated under Part 2.

• Describe Proposer’s resources, expertise and experience in providing online proctoring solutions to institutions of higher education.

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

• Describe and provide evidence of proposer’s adherence to GDPR.

• Provide evidence of ability to support various exam types such as multiple choice, essay, etc.

• Provide evidence of capability to handle large volumes of simultaneous users.

• Provide the number of current customers using the Services solicited as part of this RFP; identify how many of such customers are higher education institutions.

• Provide three references from higher educational institutions where the proposer’s solution has been successfully implemented. References should include at a minimum, but not be limited to:

o Name of institution o Contact name, phone and email address o Description of Services provided o Duration of Services o List of issues that arose during the term of the contract and how they were resolved.

Discuss in detail proposer’s commitment to continuous improvement and innovation in proctoring technologies.

• Biography and/or resumé for each Key Team Member, including personnel who would have direct contact with or provide services to the University. Indicate the roles they would play and describe their experience in performing the Services. For each, please include length of tenure with Proposer’s organization. Biography and/or resume for each individual of the subcontractor that your firm will be using to meet the Supplier Diversity Participation Goals (Part 2, Paragraph III). For each indicate the role that they would play and describe their experience in performing such.

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

4.3. Understanding and Approach to Rendering the Services; Schedule for Implementation:

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

• Describe Proposer’s approach to meeting the goals and requirements of the Project.

• Describe the basis and evidence supporting Proposer’s ability to provide the Services required by this

RFP.

• Describe the process and timeline for rendering the Services. This should include, at a minimum, a detailed implementation plan including timelines, end-user training for the use of the solution and ongoing training when product changes or enhancements are made, and operationalizing any systems).

• Discuss in detail, the security measures that you have in place to protect data and such measures are in compliance with CUNY’s policy.

• Describe in detail how you will safeguard Personally Identifiable Information (PII) data if different from the above..

• Provide a completed VPAT

• Describe the processes used for both maintenance and support of your proposed solution and the process for improving and updating it

4.4 Artificial Intelligence (“AI”) Functionality

• Discuss in detail your proposed solution AI functionality and how it can be utilized by CUNY.

• To the extent applicable discuss:

o How the AI component complies with Federal and State laws, regulations and ethical guidelines?

o What security measures are in place to ensure the safeguarding of Personal Identifiable Information and protection of sensitive data?

o How is data quality assessed and maintained?

o How is the AI model’s accuracy monitored and validated?

o How will the AI capabilities by verified to ensure appropriate decision making?

4.5 Value Added

Discuss in detail what additional features your solution provides that can be delivered to the University at no additional cost.

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

Proposers must complete ALL line items in order for the Price Proposal to be deemed responsive. Failure to do so will result in the rejection of your Proposal. If there is no charge for a specific service, then state “$0” for that service. Each Service is deemed separate and must be priced separately.

Proposers will provide pricing proposals for the online proctoring solution across the following potential models (See Part 3.1A for Estimated Annual Proctoring Demand) and include flexibility around customized or alternative pricing models to meet our institutional needs and constraints:

1. Implementation Price (One-time, non-recurring): $

2. Subscription-Based Pricing for Online (Automated) Proctoring

Service Year Annual Subscription Fee*

Year 1 $

Year 2 $

Year 3 $

Year 4 $

Year 5 $

Total (5 Years) $

*Annual subscription should be based on an FTE of ~ 230,000 students and unlimited online (automated) exam proctoring per year (see Part 3.1A for definition of online vs live proctoring). This fee should include all costs associated with platform hosting, ongoing support, maintenance, and training.

3. Live (remote) Proctoring (Per-Hour Pricing)

Description **Estimated Number of Hours

Hourly Rate Extended Annual Price

Year 1 450,000 $ $

Year 2 472,500 $ $

Year 3 496,125 $ $

Year 4 520,931 $ $

Year 5 546,977 $ $

Total (5 Years) $

** These numbers are estimated numbers and are in no way guaranteed. Actual hours would be based on actual hours used. If exams have periods that are intervals of an hour (e.g. 30 mins or 45 mins) or exceed an hour (e.g. 75 mins, 90 mins or 105 mins) then the fees will be prorated. The formula that will be used to calculate the prorated fee is:

Example Using an hourly rate of $60.00:

Mins/60 * hourly rate

Example: 30 minutes exam = 30mins/60 *$60 = $30.

Proposal Price (Implementation Price + Base Subscription Price for Five Years + Live Proctoring for five years: $

Write Proposal Price in Words:_______________________________________________

Part 6: Proposal Scoring Criteria and Weights

Step 1: Administrative Review

CUNY will conduct an administrative review of each Proposal to ensure that all content has been submitted in accordance with this RFP (including a completed Form 1 signed by an authorized representative of Proposer and completed Forms 2 and 3) and that Proposers meet the Minimum

Qualifications set forth in this RFP. Proposals that do not include all required content will be deemed non-responsive and will not be granted any further consideration, unless CUNY deems such omissions non-material. Proposers are not permitted to alter or amend their Proposals after the Proposal

Submission Due Date and Time. After a firm has been identified for award, all Proposers will be notified.

Step 2: Scoring of Diversity Practices Questionnaire (5 Points)

Upon completion of its Administrative Review above, the University’s/College’s Procurement

Department will score the Diversity Practices Questionnaire. The Diversity Practices Questionnaire will be scored on the points system as indicated on the questionnaire. The total score received for each

Diversity Practices Questionnaire will be proportionally converted for a maximum of up to five (5) points. The scores for Proposers’ Diversity Practices Questionnaires will not be disclosed to CUNY’s

Technical Evaluation Committee (“Committee”) prior to their completion of their evaluation and scoring of Proposers’ Technical Proposals.

Step 3: Scoring of Volume II: Technical and Management Proposal (50 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 of one hundred (100) points. The technical score will then be normalized to a score of out fifty (50) points, and will be provided to the University’s or College’s Procurement Office. Then the members of the

Committee will meet as a group to discuss the Technical and Management Proposals. After such group discussion, the Committee members will provide their individual final Technical Scores, which may or may not be the same as their preliminary Technical Scores, to the Procurement Office.

Step 4: Scoring of Volume III: Price Proposal (30 Points)

The University’s/College’s Procurement Department will score the Price Proposals. Only the University or College Procurement Office will be privy to pricing information until the Committee members have completed and submitted all final scoring, including for Technical and Management Proposals and for the Oral Presentations and Product Demonstrations (if applicable) for the RFP. The Proposer with the lowest proposed price, will receive a total of thirty (30) points, and higher proposed prices will receive proportionately lower points.

Step 5: Short-Listing Proposers

The University’s or College’s Procurement Office will add the Diversity Practices Questionnaire Score, the Technical Score and the Price Proposal Score to calculate each Proposer’s Initial Score. Initial Scores will be used to create a short-list of proposers. The University’s or College’s Procurement Office will inform the Committee members of the total scores of the Proposals. The Short-Listed Proposers for this solicitation will consist of the Proposer with the highest Initial Scores and any Proposers that within fifteen (15) points of the highest score.

CUNY, in its sole discretion, reserves the right to select the Proposer with the highest Initial Score without requiring Oral Presentations, if there are no other Proposers that fall within 15 points of the highest Initial Score

Step 6: Oral Presentation and Product Demonstration for Short-Listed Proposers, if required (15 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 fifteen (15) points based on the following criteria

• Demonstration of Product to ensure it meets the requirements stated in the RFP

• The capabilities of the Proposer’s staff that will lead the engagement

• Discussion on examples of previous projects of a similar nature and resulting outcome

• Ability to answer questions regarding their proposal

Step 7: Calculation of Short-Listed Proposer’s Final Proposal Score

The Final Proposal Score is the sum of the Short-Listed Proposer’s Diversity Practices Questionnaire, Technical, Price and Oral Presentation (if required) Scores for a possible maximum Final Proposal Score of one hundred (100) points.

CUNY reserves the right to request Best and Final Offers (“BAFOs”) from those Proposals receiving an

Oral Presentation, solely with respect to cost. Should CUNY exercise this right, CUNY will request a

BAFO from each Short-Listed Proposer. A BAFO must be a lower price than the initial Proposal price.

The cost score for the Short-Listed Proposers will be adjusted accordingly to determine the Proposer’s final score.

Step 8: Selection of Proposer

The Proposer with the highest Total Score, as calculated above, for a maximum of 100 points may be recommended by the Committee to the University for Contract award, if at all.

Table 1 Proposal Scoring Criteria and Weights

Title Scoring Method

Item Weight

Section Score

Points out of

Minimum Proposer Requirements

(See Part 2-Paragraph I)

Pass/Fail N/A

Diversity Practices

Questionnaire

Scored 5

Technical and Management Proposal

Scored 50

Proposer’s Experience (Section 4.2) 5

Understanding and Approach to Rendering Services; Schedule for

Implementation (Section 4.3)

Artificial Intelligence Functionality (Section 4.4)

Value Added (Section 4.5)

Price Proposal Scored 30

Oral Presentation /Product Demonstration by Short-Listed Proposers, if required

Scored 15

Possible Score

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 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/

Section 1 - Conflict of Terms

Unless otherwise set forth in this Contract, conflicts among documents shall be resolved in the following order of precedence:

1. Appendix A (Standard Clauses for New York State Contracts)

2. These Terms and Conditions

3. Scope of Work

4. Other exhibits, attachments and appendices attached hereto and incorporated herein, including the remainder of the RFP

5. The Contractor’s Proposal

6. The Purchase Order

Section 2 - Definitions

The following words and expressions, if used in this Contract, shall be construed have the following meanings:

2.1 "approved", "directed", "required", "specified", unless specifically stated otherwise, mean approved, directed, required, or specified, as the case may be, by the University through its representative, the Business Manager.

2.2 "Business Days" means Mondays through Fridays (excluding Saturdays and Sundays), excluding holidays on which the College is officially closed.

2.3 "Business Manager" means the business manager of the College, acting either directly or through a designated representative in any matter. If this is a University-wide Contract, or one in which the Work is performed for more than one College or University unit, then references to the "Business Manager" shall be deemed to signify that person or persons designated by the

University in writing.

2.4 "City" means the City of New York.

2.5 "College" means the College or the OUC, as named above, on behalf the constituent member of the University.

2.6 "Comptroller" means the Comptroller of the City or State of New York, as applicable.

2.7 "Contract" means this Contract, including the Scope of Work, Appendix A (Standard Clauses for New York State Contracts), and all other exhibits, attachments, and appendices attached hereto and incorporated herein, including the Purchase Order.

2.8 "Contractor" means the individual or other legal entity (including, but not limited to sole proprietor, partnership, limited liability corporation, firm or corporation) to which the

University has awarded, or with which the University has entered into, this Contract, as specifically identified in the Contract Signature Page.

2.9 "Contract Price" means the price for which Contractor will deliver the Goods and perform the

Services as set forth on the Contract Signature Page.

2.10 "Days" or "days" mean calendar days.

2.11 "Goods" means any goods, work products, supplies, materials, equipment, or processes to be furnished to the University under this Contract.

2.12 “Law” or "Laws" mean all applicable laws, regulations, rules, orders, requirements, and the like, of federal, state, and local governments, courts, governmental authorities, legislative bodies, boards, agencies, commissions, and the like.

2.13 "OUC" means the Office of University Controller - University Contracting.

2.14 “Products” means deliverable(s) under this Contract, which may include goods, commodities, services, and/or technology.

2.15 “Proprietary” means protected by secrecy, patent, copyright or trademark against commercial competition.

2.16 “Purchase Order” means the form that is used by the University when making a purchase or acquisition with a Contractor.

2.17 "Purchasing Office" means the Purchasing Office of the College or the OUC.

2.18 “Scope of Work” means the…