Attention Bidders « LI-RAEN’s Weblog

Attention Bidders

By vsindone

Program Managers/Directors:
>
> The attached is the RFP for Funding of General Educational
> Development (GED) Test Administration-Outside New York City. If
> you have any questions, please contact our office; thanks.
>
> Martin
>
> Martin G. Murphy, Dirctor
> LI-RAEN
> 631-293-3150
>
> —————-
> EMSCADULTA1 1/28/2008 7:06 AM >>>
> Attached are two documents for RFP#07-033, Funding for General
> Educational Development (GED) Test Administration-Outside New
> York City. The first document contains the text of the RFP, the
> second contains Submission Documents to be submitted along with
> the Bid Proposal.
>
> Questions regarding this RFP must be E-Mailed to
> emscadulta1@mail.nysed.gov no later than close of business
> February 22, 2008. A Questions and Answers Summary will be
> available to all parties that were sent or have requested this
> RFP at: http://www.emsc.nysed.gov/compcontracts/compcontracts.htm
> no later than March 3, 2008.
>
> Bids are due on March 24, 2008 and must be received at NYSED
> before 3:00 PM that day.
>

REQUEST FOR PROPOSAL (RFP)

RFP Proposal #07-033

NEW YORK STATE EDUCATION DEPARTMENT

Title: Funding for General Educational Development (GED) Test Administration—Outside New York City

The New York State Education Department (NYSED) is seeking proposals from eligible applicants that wish to administer the test of General Educational Development (GED) as a public GED test center. NYSED seeks to replace the current payment system with a reimbursement system where the costs of GED testing personnel and other appropriate expenses are paid at the local level by the agency operating the official GED test center. Contracts will be awarded only to those agencies that will provide testing to the general public. These Public GED Testing Centers may include, but are not limited to, school districts, community colleges, and educational opportunity centers (EOC’s). Funding under this RFP is available only to public GED test centers. Applicants are encouraged to include provisions for testing incarcerated individuals at county facilities in their proposals.

For the purpose of this RFP, NYSED has established thirty GED Testing Service Areas (TSAs) outside of New York City. A minimum of one contract will be awarded in each TSA. The counties within each TSA are identified on the chart in the Statement of Need section of this RFP.

Eligible applicants include currently approved Public GED testing centers, as well as agencies wishing to become public GED testing centers. For a complete listing of eligibility criteria, see Eligibility Criteria for Becoming an Official GED Testing Center. NYSED will award a minimum of one contract to the top scorer from each TSA, on the condition that the proposal provides for the annual number of test seats for that TSA. If not, NYSED will award as many contracts as necessary to accommodate the testing of the number of candidates per year in that same TSA as delineated in the RFP.

The contracts resulting from this RFP will run from July 1, 2008-June 30, 2011 with the option to renew for two additional one- year periods.

Mandatory Requirements:

For Mandatory Requirements, see the Mandatory Requirements section of the RFP.

Proposals that do not include the signed Mandatory Requirements Certification (see 5. Submission Documents) will be disqualified and removed from further consideration.

Components contained in RFP Proposal #07-033 are as follows:

1.) Description Of Services To Be Performed
2.) Submission
3.) Evaluation Criteria and Method of Award
4.) Assurances
5.) Submission Documents (separate document)

Questions regarding the request must be submitted by E-mail to emscadulta1@mail.nysed.gov no later than the close of business February 22, 2008. Questions regarding this request should be identified as either Program or Fiscal. A Questions and Answers Summary will be posted to http://www.emsc.nysed.gov/compcontracts/compcontracts.htm no later than March 3, 2008.

Program Matters Fiscal Matters
Tom Orsini Gary Yorkshire
(518) 474-8940 (518) 408-1715
E-Mail: emscadulta1@mail.nysed.gov E-Mail: emscadulta1@mail.nysed.gov

Five (5) copies of each technical proposal (one bearing an original signature) and five (5) copies of each of the Submission Documents (one bearing an original signature) must be received no later than:

Date: March 24, 2008 At: NYS Education Department
Time: 3:00 PM Bureau of Fiscal Management Contract Administration Unit 89 Washington Avenue, Room 505W EB Albany, NY 12234
(Facsimile copies of the proposals are NOT acceptable)
Each proposal must be clearly labeled with the name of the Testing Service Area for that proposal.
Submit in a sealed envelope labeled Bid Proposal – RFP #07-033 Do Not Open

1.) Description of Services to be Performed

Work Statement and Specifications

This section of the bid package details the services and products to be acquired. Please note that the contract process also includes general New York State administrative terms and conditions, as well as terms and conditions required by New York State law. These terms and conditions address issues related to both the submission of bids and any subsequent contract; they are included separately in this bid package for your information. Please review all terms and conditions.

Background

Overview of the GED Test:

The GED Test is an international exam developed by the GED Testing Service (GEDTS) of the American Council on Education (ACE) in Washington D.C.

Since the 1940’s, the GEDTS has made the GED Test available to adults (16 years and older) who did not graduate from high school. When individuals are successful in passing the GED Test, they receive a certificate or diploma that is regarded as equivalent to a high school diploma. Employers in private industry and government, as well as admissions officers in colleges, accept the high school equivalency diploma/certificate as they would a high school diploma.

The GED Test, which is offered in English, French and Spanish, consists of the following subtests:

§ Language Arts Writing (which includes an essay component)
§ Language Arts Reading
§ Social Studies
§ Science
§ Mathematics
§ English as a Second Language (Optional for candidates who take the exam in Spanish or French)

The GED Test is administered throughout New York State through a contract between GED Testing Service of the ACE and the New York State Education Department (NYSED). Since the GED Testing Service is the sole proprietor of the GED Tests, each of the current official GED testing centers in New York are required to have a contract with the GED Testing Service and must adhere to all policies and procedures set forth by GEDTS as well as NYSED.

GED Test Administration

The current delivery system for GED Test administration in New York State is made up of a variety of agencies. Some of these component organizations include, but are not limited to the following: school districts, Boards of Cooperative Education Services (BOCES), community colleges, state prisons, community based organizations, residential facilities and county jails.

NYSED groups these agencies into two basic classifications, non-public and public.

Non-public Agencies

Examples of non-public agencies include facilities such as New York State prisons operated by the New York State Department of Correctional Services (NYSDOCS), residential centers operated by the New York State Office of Children and Family Services (NYSOCFS), Job Corps, rehabilitation facilities and hospitals.

Public Agencies

Public agencies are those organizations, such as school districts, BOCES, and community colleges, which administer the GED Test to the public. Any qualified New York State resident can apply via any public GED testing center and be administered the GED Test. These public entities do not restrict GED Test administration to their own students but are open to all who request testing.

Currently, NYSED pays the following for public test centers:

1. Costs for GED testing personnel:

 Chief Examiners
 Examiners
 Proctors
 Clerks

2. The cost of all GED testing materials (test booklets, answer sheets and other supplies).
3. Shipping costs for completed GED test materials to Albany (via UPS) for scoring.
4. Annual Site testing fee ($175.00) that is paid to the GEDTS.
5. Costs for shipping testing booklets back to the GEDTS warehouse at the end of the contract year.

The public testing centers pay the cost for the following:

1. Rental space
2. Security personnel
3. Custodial services
4. Other miscellaneous costs associated with GED test administration.

Statement of Need

NYSED, which is responsible for the administration of the GED Test in New York State, must increase the number of public testing centers to relieve the current backlog and to decrease the wait time for test candidates.

NYSED will award as many contracts as necessary to test 31,150 candidates per year. Awards will be made, in rank order within each TSA, in accordance with the allocation chart below, in an effort to best meet NYSED’s objective that adequate GED testing sites shall be available throughout the TSA’s specified in this RFP. Notwithstanding the foregoing, NYSED reserves the right to limit the number of testing slots awarded to any one agency to 50% of the total testing slots available in the TSA in which that agency is applying. If all applicants within a TSA are funded without exhausting all available slots for that TSA, NYSED may award additional slots to the agency(s), in rank order, that have not been awarded the full number of testing slots requested due to the foregoing 50% limit. Then, if any TSA(s) have remaining slots with no qualified applicants available for award, these slots shall be awarded to successful applicants in other TSA’s (by statewide rank) who have not received award, or subsequently to those remaining without their requested number of slots, again by rank. In the event of a tie score occurring at any point within this distribution schema, the slots available for distribution will be distributed evenly among the tie scorers.

TSA English Spanish French Total
Albany-Schenectady-Schoharie 2400 50 2450
Broom-Tioga 1000 20 1020
Cattaraugus-Allegany 500 20 520
Cayuga-Onondaga-Cortland 2700 50 2750
Clinton-Essex 350 20 10 380
Delaware-Chenango-Otsego 1000 25 1025
Dutchess 1500 20 1520
Erie 3000 75 3075
Chautauqua 500 500
Franklin 300 300
Genesee-Wyoming-Livingston 500 500
Hamilton-Fulton-Montgomery 200 200
Herkimer-Madison-Oneida 1000 25 1025
Jefferson-Lewis 250 250
Monroe 2700 20 2720
Nassau 1500 50 1550
Ontario-Seneca-Wayne-Yates 600 20 620
Orange 1000 50 1050
Orleans-Niagara 1000 20 1020
Oswego 250 250
Rensselaer-Columbia-Greene 450 450
Rockland 350 50 50 450
St. Lawrence 300 300
Saratoga-Warren-Washington 750 750
Schuyler-Chemung-Steuben 650 650
Suffolk 1600 175 1775
Sullivan 550 15 565
Tompkins 220 10 230
Ulster 475 20 495
Westchester-Putnam 2500 250 10 2,760
TOTAL 30,095 985 70 31,150

For the purposes of comparing bids, bids for a defined TSA will be compared and scored only with other bids from that same TSA, except in the instance when all qualifying applicants in a particular TSA have received their requested number of slots and that TSA’s remaining slots are distributed to other qualified applicants who have not yet received their requested slots in a different TSA. Those applicants will be ranked in the aggregate, rather than by TSA, and will receive any available slots by statewide rank.

The figures in the previous chart are projections based on numbers of GED candidates tested between July 1, 2006 and June 30, 2007 and are provided as a guide to assist proposal writers. The actual amount paid to any test center will depend on the actual number of candidates tested between July 1, 2008 and June 30, 2011. That amount may actually be lower than the numbers provided above.

Purpose of Funding

NYSED is making funds available for the administration of the GED Test in English, Spanish or French. These funds will be allocated based on projected numbers of GED Tests given during the funding period July 1, 2008-June 30, 2011. The funding can be used to support the administration of the GED Test in English, Spanish or French, serving all test candidates including those who require special testing accommodations.

Under the current system, NYSED covers payments made to GED testing personnel at public testing sites. These payments are made directly to GED testing personnel at the local level upon completion of a NYS Standard Voucher, which is submitted directly to the NYSED GED Testing Office.

NYSED seeks to replace the current payment system with a reimbursement system. The costs of GED testing personnel will be paid at the local level by the successful applicant agency operating the GED test center. This agency will set the rate of pay for all GED testing personnel at their site, and will be responsible for the costs of rental space, security and custodial services. The new system will make monthly payments based on the actual number of GED tests administered within that month. Agencies must submit signed vouchers to NYSED in order to receive payment. These funds cover payments to chief examiners, alternate examiners, proctors and clerks and may also cover additional costs such as custodial and security services. The monthly payments must be for actual expenditures of services already provided.

For a listing of all reimbursement rates, see following section entitled Funding Rates.

The following information is only for GED testing at public sites:

Under the new system NYSED will continue to pay directly for:

1. The cost of all GED testing materials (test booklets, answer sheets and other supplies).
2. Shipping costs for completed GED test materials to Albany (via UPS) for scoring.
3. Annual site testing fee ($175.00) that is paid to the GEDTS.
4. Costs for shipping testing booklets back to the GEDTS warehouse at the end of the contract year.

Funding Rates

All agencies testing in English, Spanish, or French will be reimbursed based at the rate of twenty dollars ($20.00) per test.

In instances where special testing accommodations limit the number of test takers able to be seated at less than ten, GED test centers will be reimbursed at the rate of two hundred twenty five dollars ($225.00) per test session in the counties of Nassau, Suffolk, Westchester, Putnam and Rockland and at the rate of two hundred dollars ($200.00) for the rest of the state.

It is expected that the testing centers make appropriate scheduling arrangements to serve test candidates who are approved to receive testing accommodations. Although there will be instances in which a private room will be provided for a test candidate which will necessitate 1:1 examiner/test taker ratio, it is expected that testing centers reserve time for special test sessions and all test takers who are approved for testing modifications be given the GED Test at the same time.

For accommodations requiring extended time, the rates will be different based on the amount of extended time allowed. For each testing accommodations session, the GED testing personnel will be paid the current per test session rate of two hundred twenty five dollars ($225.00) or two hundred dollars ($200.00), depending on location (noted above). In addition, they would receive extra for any extended time over the regular time (8 hours) of test administration, on a pro-rated basis.

For example, for a special session in Westchester County, where all of the testers have twice the regular testing time, the test center would receive two hundred twenty five dollars ($225.00) flat rate plus two hundred twenty five dollars ($225.00) for the additional test administration time for a total of four hundred fifty dollars ($450.00). If the exam lasts for ten hours instead of eight, the test center would receive an additional 25% over the flat fee of $225.00.

Population to be Served

Test centers may only use this funding to serve any GED test candidate who meets the following criteria: (A, B, or C)

A. has lived in New York State for at least one (1) month prior to the test date AND

1. is 19 years of age or over on the day of testing; AND
*2. has not graduated from an accredited high school in the United States or its territories;
*3. has not received a high school equivalency certificate or diploma in the United States or its territories;
*4. is not currently enrolled in a regular high school; and
*5. has not previously earned scores on the GED tests sufficient to qualify for a high school equivalency certificate or diploma.

B. has lived in New York State for at least one (1) month prior to the test date AND

1. is 17 or 18 years old on the day of testing; AND
2. one year has passed since he or she reached maximum compulsory school attendance age** and last enrolled in a regular full-time high school program of instruction;
OR
3. was a member of a high school class that has already graduated;
OR
4. is enrolled in an approved Alternative High School Equivalency Preparation Program;***
OR
5. has applied to the U.S. Armed Forces, college, university or an accredited post-
secondary institution;
OR
6. is an adjudicated youth under the direction of a parole or probation officer;
OR
7. has been home schooled.

C. has lived in New York State for at least one (1) month prior to the test date AND

1. is 16 years old on the day of testing AND
2. has reached maximum compulsory school attendance age; AND
3. is enrolled in an approved Alternative High School Equivalency Preparation (AHSEP) program;
OR
4. has applied to the U.S. Armed Forces, college, university or an accredited postsecondary institution.

*Criteria 2 through 5 in Section A above apply to all test candidates, regardless of age.

** A student has reached maximum compulsory school attendance age when the school year in which he or she turned 16 (or such older maximum age as the board of education of the school district may designate for required school attendance pursuant to section 3205 (3) of the Education Law) has ended (June 30).

***An Approved Alternative High School Equivalency Preparation Program is a program for students under age 19 which is operated only by a public school district or the local board of education, BOCES or the New York State Office of Children and Family Services in accordance with Part 100.7 of the Commissioner’s Regulations and approved on an annual basis by the New York State Education Department.

Note: Persons from foreign countries under the age of 19 who are not able to produce documents from their last school attended must submit notarized letters signed by their parents, guardians or sponsors certifying that they have never attended regular K-12 school in the United States. They must also submit documentation of when they arrived in the U.S.

Required Documentation

The successful applicant agency operating the GED test center will give priority seating to test candidates who present evidence they have passed the Official Practice Test (OPT). Test candidates must present one of the following forms (see Attachments 1 and 2) to be able to receive priority seating for the test:

· “Verification Form for New York State GED Test Applicants 16, 17 or 18 Years of Age Enrolled in An Approved Alternative High School Equivalency Preparation (AHSEP) Program” This form must be completed by an agency official who attests that the GED test candidate is enrolled in an approved Alternative High School Equivalency Preparation Program (AHSEP) and has scored a minimum of 410 points on each subtest AND a total of 2250 points. These preparation programs may choose to require higher standards than the minimum 410/2250 before referring an individual to take the GED Test.

· “GED Test Referral Form for New York State GED Test Applicants Enrolled in a High School Equivalency Preparation (Not AHSEP) Program”. This form must be completed by an agency official who attests that the GED test candidate is enrolled in an approved High School Equivalency Preparation (not AHSEP) Program and has scored a minimum of 410 points on each subtest AND a total of 2250 points. These preparation programs may choose to require higher standards than the minimum 410/2250 before referring an individual to take the GED Test.

Eligibility Requirements for Applicants

This funding is available to agencies who will administer the GED Test to the general public and who are located in TSA’s identified in the chart displayed on a previous page:

1. approved public Official GED Testing Centers (i.e. holding a 2007 contract with GEDTS), or
2. Agencies seeking to become public Official GED testing centers.

Eligibility Criteria for Becoming an Official GED Testing Center

GED testing centers are responsible for the management and oversight of a testing program that ensures access to all qualified candidates and to maintain the integrity of the GED Test and its administration. GED Testing centers are responsible for submitting documentation indicating their willingness to comply with all GEDTS and NYSED policies.

The policy and criteria for establishing an Official GED testing center can be found in Section1 (Procedures for Establishing an Official GED Testing Center 1.2 p.1-1) of the 2005-06 GED Examiner’s Manual, Where Official GED Testing Centers May Be Established (www.emsc.nysed.gov/ged/guides.shtml ).

The policy reads: “Upon authorization by the jurisdictional agency, the GED Testing Service may approve the establishment of an official GED Testing center at the following locations”:

1. Public high schools operated by jurisdictional school systems or agencies,
2. High schools and post secondary educational institutions accredited by the jurisdictional departments of education or other jurisdictional agencies responsible for administering the GED Testing program,
3. Military installations overseas or in the United States as approved by the Defense Activity for Non-traditional Educational Support (DANTES),
4. Other military installations located in the United States,
5. Veterans Administration (VA) hospitals and medical centers and federal correctional and health installations,
6. Jurisdictional correctional facilities that have established a school inside the facility, and
7. Other institutions and agencies upon special authorization by the GED Testing Service and the GED Testing Service and the GED Advisory Committee.”

A jurisdiction agency (such as the NYSED) may establish additional special limitations on where New York States’ official GED testing centers may be established. Consideration may be given to those applicants who wish to offer GED test administration in areas of documented need.

The following organizations are eligible to apply as long as they meet the criteria described above:

1. School districts
2. BOCES
3. Community-based organizations
4. Volunteer organizations
5. Institutions of higher education
6. Educational Opportunity Centers (EOC’s)
7. Libraries
8. Public housing authorities
9. Other non-profit agencies and organizations
10. Consortia of the agencies, organizations, institutions, libraries, or authorities described above.

For more information on becoming an official GED testing center, please refer to the following: www.emsc.nysed.gov/ged/site-estab.shtml. For a complete description of the requirements of operating a GED test center, it is suggested that applicants read the GED Testing Office Guide and the Chief Examiner’s Manual available at: http://www.emsc.nysed.gov/ged/guides.shtml.

Staff Qualifications

The official GED Testing Center Staff shall consist of the following:

1. GED Chief Examiner
2. GED Examiner(s)
3. GED Proctors and
4. Clerks

Educational Requirements for GED Chief Examiners, Examiners and Proctors

Chief Examiner

Chief Examiners must hold at least a bachelor’s degree from a nationally accredited college or university and shall have experience in teaching, training, counseling or testing.

GED Examiner

GED Examiners must have a bachelor’s degree from a nationally accredited college or university and experience in teaching, training, counseling or testing; or a minimum of an associate’s degree from a nationally accredited community college and three years of experience in teaching, training, counseling or testing.

GED Proctors

GED Proctors shall have a high school diploma or a high school equivalency diploma/certificate and are selected by the GED Chief Examiner or Examiner. Proctors may hold a high school diploma/certificate issued outside of the United States, but must have excellent proficiency in listening, speaking, reading and writing the English language.

GED Clerks

GED Clerks shall have a high school diploma or high school equivalency diploma/certificate and are selected by the Chief Examiner or examiner. Clerks may hold a high school diploma/certificate issued outside of the United States, but must have excellent proficiency in listening, speaking reading and writing the English language.

Additional Eligibility Requirements

Persons who are involved in the instruction of potential candidates for the GED Test are not eligible for appointment as Chief Examiners, examiners or proctors. This includes teachers of Adult Basic Education, Pre-GED and GED. However, instructors who teach Basic Literacy or Beginning Reading at grade levels 0-3.9 are eligible. Teachers of multi-grade levels that include students above grade level 3.9 are not eligible. ESL instructors at all grade levels are eligible provided no instruction pertaining to the GED test is given. No staff members of Job Corps centers are eligible to be GED Chief Examiners, examiners, proctors or clerks.

Staff from the NYSED GED Testing Office will conduct a site visit to any proposed GED Testing Center that meets the minimum technical score as part of the evaluation process of applications. NYSED staff must ensure that the agency meets all mandatory requirements outlined in the RFP. The site visits will be scored on a pass/fail basis.

All successful applicants will be required to submit testing schedules to the GED Testing Office in order that these times, dates and locations may be posted on the GED Testing Office website: www.emsc.nysed.gov/ged.

Administration of the GED Test

Agencies would be required to administer the GED Test in English, French and/or Spanish. Chief Examiners must be fluent in French and/or Spanish when administering tests in those languages. In addition to serving regular GED test takers, applicants would be required to provide testing accommodations to individuals with disabilities.

GED Subtests by Language Version, Number of Questions
and Administration Time (In Minutes)

English French Spanish
Language ArtsWriting-Part I50 questions 75 80 80
Language ArtsWriting-Part IIEssay(About 250 words) 45 50 50
Science50 questions 80 85 85
Social Studies50 questions 70 75 75
Reading40 questions 65 70 70
MathematicsPart I25 questions 45 50 50
MathematicsPart II25 questions 45 50 50
English as a SecondLanguage*60 questions 80
*The ESL test may be given with the Spanish or French print versions of the GED Test at the discretion of the GED test candidate.

GED Testing for People with Disabilities (Accommodations Testing)

In addition to jurisdictional and site responsibilities, GEDTS requires specific assurances that GED testing centers are complying with the Americans with Disabilities Act (ADA) of 1990.

The GED Testing Services guidelines state, “Under the Americans with Disabilities Act (ADA), entities that administer standardized examinations must offer the examinations in a place and manner that is accessible to persons with disabilities.” (Section 11, pg 11-1, GED Examiners Manual 2005-06) http://www.emsc.nysed.gov/ged/guides.shtml.

Therefore, any agencies wishing to apply for this funding to administer the GED Test will also be required to provide testing with accommodations to individuals with disabilities. All official GED testing centers currently offering the GED Test are required by the GEDTS to provide said testing accommodations. Approved applicants for this funding (new as well as current) will be required to provide some or all of the following GED testing accommodations:

1. Extended time (up to four times the normal length of the test)
2. Special location/private room/small group
3. Audiocassette
4. Large print with extended time
5. Calculator/talking calculator
6. Scribe
7. Supervised breaks
8. Sign language interpreter

For more information on requirements for providing accommodations to GED candidates with Disabling Conditions, please refer to the following website:
www.emsc.nysed.gov/ged/mods.

Application Process

The application package will include:

· Application Cover Sheet
· Proposed Test Schedule
· All Forms and Assurances located in 5.) Submission Documents, including signatures where necessary
· Resumes of the examination staff

Mandatory Requirements:

Certification Statement of Ability to Meet Minimum Requirements
An applicant responding to this Request for Proposal must certify that it is in a position to meet the mandatory requirements listed below. All applicants must sign the Mandatory Requirements Certification located in #5. Submission Documents. Proposals that do not include the signed Mandatory Requirements Certification will be disqualified and removed from further consideration.

All testing centers must be located in the TSA that it serves.

GED testing centers are responsible for the management and oversight of a high-quality testing program that ensures access to all qualified candidates and to maintain the integrity of the GED tests and their administration. GED testing centers are responsible for submitting an annual Test Security Memorandum indicating their willingness and ability to comply with all GED Testing Service (GEDTS) and SED policies. All policies and procedures can be found in the 2005-06 GED Examiners Manual, (Section 1 Procedures for Establishing an Official GED Testing Center, Part 1.3.2 Institutional Requirements p.1.3-1.6) and the NYSED Chief Examiners Manual 2005 (http://www.emsc.nysed.gov/ged/docs/exammanual6-05.doc). In addition, GEDTS requires specific assurances that GED testing centers are complying with the Americans with Disabilities Act of 1990. To meet these demands, GED testing centers must provide the following:

The Board of Regents and the Commissioner are committed to a workforce that is representative of the many communities we serve, and to business practices which likewise reflect this commitment. Every effort must be made to ensure that staff of the regional centers providing test administration is indeed reflective of their respective communities.

Suitable Physical Facilities
· Secure, limited access storage for testing materials
· Quiet, clean, comfortable, well-lit testing rooms
· The center will have convenient, close restrooms with working plumbing. Working plumbing includes water fountains, toilets, and sinks.
· The desks and chairs used will have backs sized for adults and adequate space so that seating can be staggered to preclude copying or collaborating
· Accessibility for candidates with disabilities
· An environment free of distractions/interruptions, i.e., electronic devices, external noises
· The center will not schedule disruptive activities such as concerts, ballgames, or other activities in or close to the room where the test is being given. The corridors should not be busy with people walking by.

· Adequate Staffing/Personnel
· Chief, Alternate Chief Examiners, proctors and clerical support with appropriate
professional backgrounds who meet the criteria established by the GEDTS and SED
· Staff who are able and qualified to assume responsibility for the GED testing
program.
· Center examiners who will attend SED-sponsored training

Full Testing Support Services
· Service to all candidates
· Commitment to the value of the GED testing program
· Convenient testing schedules that are frequent enough to meet community needs
· Detailed record keeping and frequent inventories
· Information, guidance and service on accommodations for those with disabilities

Cooperation with GED Testing Service

· Test research
· Test administration
· Test security policies

Financial Management
· Prompt payment of any invoices
· Orders for sufficient materials
· Prompt return of all restricted testing materials at the end of contract year

Test Security
· Full compliance with all polices in the above referenced manuals
· Secure, limited access storage area for all test-related materials, supplies, and record keeping
· Full cooperation with GEDTS in any instance of test compromise

Scheduling

· The testing schedule will meet the needs of the local community.
· The center may be asked to hold additional examinations on as-needed and occasional basis in order to meet unexpected demand.

GED Testing Center Staff Qualifications

The official GED Testing Center Staff shall consist of the following:

1. GED Chief Examiner
2. GED Examiner(s)
3. GED Proctors and
4. Clerks

Any individual who assumes any of the above positions must meet the appropriate educational requirements as described below.

Educational Requirements for GED Chief Examiners, Examiners and Proctors and Clerks

Chief Examiner

Chief Examiners must hold at least a bachelor’s degree from a nationally accredited college or university and shall have experience in teaching, training, counseling or testing.

GED Examiner

GED Proctors

GED Clerks

GED Clerks shall have a high school diploma or high school equivalency diploma/certificate and are selected by the Chief Examiner or examiner. Clerks may hold a high school diploma/certificate issued outside of the united States, but must have excellent proficiency in listening, speaking reading and writing the English language.

Additional Requirements

Chief Examiners must be fluent in French and/or Spanish if administering tests in those languages.

GED Test centers will give priority seating to test candidates who present evidence they have passed the Official Practice Test (OPT).

Sample GED Testing Reimbursement Form
Test Dates Language*E,S,F Number of Test Takers Per Test Rate ReimbursementRequested

Example
7/01/07 E 60 $20.00 $1200.00
7/15/07 F 20 $20.00 $400.00

Total 80 $1600.00

*Indicate English (E), Spanish (S) or French (F) Total reimbursement Requested_____________________

Sample Special Accommodations GED Testing Reimbursement Form
Test Dates Language*E,S,F Number of Test Takers Type of Accom-modation Total Hours of Test Session Per Test Rate ReimbursementRequested

Example
7/01/07 E 4 Extended Time 16 $225.00 $450.00
7/15/07 E 2 Deaf 8 $225.00 $225.00
7/22/07 S 3 Extended Time 12 $225.00 $337.50

Total 9 $1012.50

*Indicate English (E), Spanish (S) or French (F) Total reimbursement Requested_____________________

Contract Period

The contracts resulting from this RFP will run for three years from July 1, 2008-June 30, 2011 with the option to renew for two additional one-year periods.

Extensions for the two (2) additional one (1) year periods would be dependent upon:

Ø the successful completion of the first three year’s activities;
Ø funds being allocated for the program in the State budget for the period;
Ø successful negotiation of a scope of continued services (which may simply be the continuation of the same services described in the original agreement);
Ø successful negotiation of associated costs, (which may have been pre-determined in the original contract language by limiting rate increases to a specific factor);
Ø the mutual agreement of both parties; and,
Ø approval of a contract extension agreement by the NYS Comptroller as described in section 3 of Appendix A, which is contained in this document.

At the end of any contract term otherwise provided for herein, if a replacement contract has not yet been approved in accordance with State law, any contract awarded hereunder may be extended unilaterally by the State, upon notice to the contractor, at the same terms and conditions, including all contract pricing, for a period of one month, if funding is available and/or services are needed. Additionally, this extension may be for a period of up to three months with the concurrence of the contractor. However, any extension will terminate immediately upon approval of the replacement contract except where a period for transition of contractors has been previously provided for.

2.) Submission

Documents to be submitted with this proposal

This section details the submission document or documents that are expected to be transmitted by the respondent to the State Education Department in response to this RFP. New York State Education Department shall own all materials, processes, and products (software, code, documentation and other written materials) developed under this contract. Materials prepared under this contract shall be in a form that will be ready for copyright in the name of the New York State Education Department. Any sub-contractor is also bound by these terms. The submission will become the basis on which NYSED will judge the respondent’s ability to perform the required services as laid out in the RFP. This will be followed by various terms and conditions that reflect the specific needs of this project.

Project Submission:

Each proposal submitted in response to this RFP should contain five (5) copies of the Technical Proposal (one bearing an original signature). All proposals must be received by March 24, 2008 at 3:00 PM in Albany.

Each Proposal should be clearly labeled with the name of the TSA for that proposal.

Technical Proposal (100 Points)

Your Technical Proposal should include the following:

1. Response Sheet for Bids
2. All Forms and Assurances located in 5.) Submission Documents, including signatures where necessary
3. Application Cover Sheet (located in 5.) Submission Documents)
4. Project Description
5. Proposed GED Testing Schedule (located in 5.) Submission Documents)
6. Resumes of the examination staff
7. Listing of each proposed test site location.

Point Value per Section

1. Project Description 20 points
2. Qualifications of Proposed Chief Examiner 10 points
3. Numbers of Students Tested 20 points
4. Frequency of Testing 20 points
5. Accessibility 10 points
6. Testing Schedule 20 points

3.) Evaluation Criteria and Method of Award

This section begins with the criteria the agency will use to evaluate bids, and closes with the “method of award” or how the contractor will be selected. This will be followed by various terms and conditions that reflect the specific needs of this project as well as New York State contract guidelines and requirements.

Criteria for Evaluating Bids

All complete proposals received by the deadline will be reviewed using the following criteria and ratings. Applicants must ensure that all components of this application request have been addressed, the required number of copies has been provided, all forms and assurances have been completed and the original signatures are included as required.

The technical portion of the proposal will be reviewed and rated by the evaluation committee according to the criteria below. Proposals receiving at least sixty percent (60%) of the points available for the technical proposal (a total of 60 out of 100 points) may be eligible for an award. Those applicants eligible for an award will be scheduled for a site visit to ensure that the agency meets all mandatory requirements outlined in the RFP. Site visits will be conducted on a pass/fail basis. If an agency fails the site visit, NYSED may make an award to the next ranking applicant from that same TSA, subject to that applicant passing the site visit. Proposals with a score of less than 60 points in the Technical Proposal section will be eliminated from further consideration and will not be scheduled for a site visit. Each proposal received by the deadline will be reviewed and rated on the quality and extent to which the applicant meets the following criteria:

Technical Criteria 100 Points

1) Project Description: 20 points

Please provide a concise summary that describes the entire proposal. Make sure your summary includes the following information:

a. Community or communities in which the GED Testing center(s) will be located.

Provide a rationale for establishing a GED testing center in the community. Indicate the closest current GED testing centers and describe your knowledge of current availability of GED testing slots in your particular area.

b. Population to be served

Describe the target population(s), their literacy needs as well as their need for GED testing. Provide a typical test candidate profile (e.g. age, employment status, etc…) and how their testing needs will be met in terms of English, Spanish and/or French GED testing in your community.

c. GED Testing Schedule

Explain how your GED testing center will be able to offer flexible testing schedules to meet the needs of the GED test candidates. This test schedule must reflect factors such as transportation, work schedules, school schedules, childcare, religious observances, etc…)

d. Supplemental/Support Services

Indicate any supplemental/support services such as assessment, counseling and referral for childcare, transportation you may provide to GED test candidates.

e. Program Coordination

Describe your efforts to coordinate your testing program with other providers (e. g. GED preparation and other educational programs, etc.) in the area. Identify names of agencies with which you will provide services, describing all of your responsibilities, as well as the responsibilities of the other said agencies.

2) Qualifications of Proposed Chief Examiner 10 points

The proposed Chief Examiner(s) has attended NYSED- provided Chief Examiner training within the last twelve months and has at least three years experience as a Chief Examiner in New York State.

3) Numbers of Students Tested 20 points

The maximum number of points will be awarded to the proposal in each TSA that will test the number of candidates allocated to that TSA. Proposals that will serve less than the allocated number will be awarded a prorated amount of points based on the number of candidates to be tested as a percentage of the number of test seats allocated. For example, Proposal A states that it will test 1,200 candidates in Nassau County from July 1, 2008-June 30, 2009. It is the highest figure submitted by any Nassau County proposal. Proposal B states that it will test 600 candidates in Nassau County during the same time period. Proposal B’s score on this section would be 10, half of Proposal A’s score.

4) Frequency of Testing 20 points

Proposals will be rated according to the frequency with which testing is scheduled and the number of sessions scheduled per year. The total points awarded are the combination of the scores for both. See chart below.
Frequency Weekly Every two weeks Monthly

Points 10 5 3

Sessions Per Year 27-52 13-26 6-12
Points 10 5 3

5) Accessibility 10 points

Include listing of each proposed test site location including number of blocks away from public transportation. Tests sites that are less than four blocks from public transportation will be awarded 10 points. Test sites that are four to ten blocks from a public transportation will be awarded 7 points. Test sites that are more than ten but less than twenty blocks from public transportation will be awarded 4 points. Test sites that are more than twenty blocks from public transportation will be awarded zero points. Proposals that offer multiple tests sites must list the distance from public transportation for each proposed site. The points awarded will be the average for all sites. All sites must be accessible to people with limited mobility.

6) Testing Schedule 20 points

· Proposals that indicate tests will be scheduled on Saturdays, weekdays and week day evenings will be awarded 20 points.
· Proposals that indicate that tests will be scheduled on weekday evenings and Saturdays will be awarded 17 points.
· Proposals that indicate that tests will be scheduled on weekdays and Saturdays will be awarded 14 points.
· Proposals that indicate that tests will be scheduled on weekdays and weekday evenings will be awarded 12 points.
· Proposals that indicate that tests will be scheduled on weekday evenings only or Saturdays only will be awarded 10 points
· Proposals that indicate tests will be scheduled weekdays only will be awarded 8 points.

Financial Criteria 0 Points

• The financial portion of the proposal represents 0 points of the overall score.

Method of Award

The technical score of all the criteria listed will be calculated for each proposal received.

The contracts issued pursuant to this proposal will be awarded to the vendor whose technical score is the highest among all the proposals rated in that vendor’s TSA.

NYSED will award as many contracts as necessary to test 31,150 candidates per year. Awards will be made, in rank order within each TSA, in an effort to best meet NYSED’s objective that adequate GED testing sites shall be available throughout the TSA’s specified in this RFP. Notwithstanding the foregoing, NYSED reserves the right to limit the number of testing slots awarded to any one agency to 50% of the total testing slots available in the TSA in which that agency is applying. If all applicants within a TSA are funded without exhausting all available slots for that TSA, NYSED may award additional slots to the agency(s), in rank order, that have not been awarded the full number of testing slots requested due to the foregoing 50% limit. Then, if any TSA(s) have remaining slots with no qualified applicants available for award, these slots shall be awarded to successful applicants in other TSA’s (by statewide rank) who have not received award, or subsequently to those remaining without their requested number of slots, again by rank. In the event of a tie score occurring at any point within this distribution schema, the slots available for distribution will be distributed evenly among the tie scorers.

The New York State Education Department reserves the right to reject all proposals received or cancel this RFP if it is in the best interest of the Department.

Post Selection Procedures
Upon selection, the successful bidder will enter into negotiations for a contract with NYSED. The contents of this RFP, any subsequent correspondence related to final contract negotiations, and such other stipulations as agreed upon may be made a part of the final contract developed by NYSED. Successful bidders may be subject to audit and should ensure that adequate controls are in place to document the allowable activities and expenditure of State funds.

Vendor Responsibility

State law requires that the award of state contracts be made to responsible vendors. Before an award is made to a not-for-profit entity, a for-profit entity, a private college or university or a public entity not exempted by the Office of the State Comptroller, the Department must make an affirmative responsibility determination. The factors to be considered include: legal authority to do business in New York State; integrity; capacity- both organizational and financial; and previous performance. Before an award of $100,000 or greater can be made to a covered entity, the entity will be required to complete and submit a Vendor Responsibility Questionnaire.

Vendors are invited to file the required Vendor Responsibility Questionnaire online via the New York State VendRep System. To enroll in and use the New York State VendRep System, see the VendRep System instructions at: http:\\www.osc.state.ny.us/vendrep/systeminit.htm or go directly to the VendRep System online at https://portal.osc.state.ny.us.

For direct VendRep System user assistance, the OSC Help Desk may be reached at 866-370-4672 or 518-408-4672 or by email at helpdesk@osc.state.ny.us.

Vendors opting to file a paper questionnaire can obtain the appropriate questionnaire from the VendRep website: http://www.osc.state.ny.us/vendrep/templates.htm or will receive it with the award letter.

Note: Bidders must acknowledge whether they filed their questionnaire online by checking the appropriate box on the Response Sheet for Bids (5.) Submission Documents).

Not-For-Profit (NFP) Prompt Contracting

Chapter 166 of the Laws of 1991 added Article XI-B (The Prompt Contracting Law) to the State Finance Law promoting prompt contracting with NFP organizations.

More specifically, the Prompt Contracting Law sets time frames for processing contracts and related documents; provides for written directives, waivers of interest, and advances/loans to Not-for-Profits (NFPs) when those time frames cannot be met; and requires interest payments to NFPs when contract payments are late due to untimely processing of contracts and no advance or loan was provided. For information on loans for NFPs from the Short-Term Revolving Loan Fund, refer to Bulletin A-268. This bulletin explains the procedure to follow when contracting with NFPs.

Chapter 648 of the Laws of 1992 made several changes to Article XI-B. The 1992 revisions provided more reasonable time frames for processing local grant awards and federally funded contracts; allowed for state agencies and NFPs to waive interest payments under certain circumstances; eliminated interest penalties for contracts executed and funded in whole or in part for services rendered in a prior fiscal year; and limited the amount of time a state agency may suspend time frames to four and one-half months.

Chapter 292 of the Laws of 2007 added further amendments to Article XI-B. The 2007 amendments prohibit state agencies from requiring NFPs, as a prerequisite of the execution of a contract, to waive claims for interest that would otherwise be due; provide that a contract is deemed to continue, and the contract remains in effect when a state agency does not timely notify an NFP of an intent to terminate the contract; require that any waivers of interest be subject to the Office of the State Comptroller’s (OSC’s) approval and provide for the calculation and payment of interest to NFPs when OSC non-approves a waiver of interest; require state agencies to report prompt contracting information to OSC for inclusion in annual reports; and expand the NFP contracting advisory committee to sixteen members, require meetings at least quarterly, and expand the scope of the committee’s responsibility.

A key objective of the Prompt Contracting Law is to expedite the contract process, and corresponding payments with NFPs to avoid service interruptions and financial hardships for these organizations. OSC advises that state agencies take measures to ensure compliance with the requirements of the Prompt Contracting Law. To this end, state agencies should maximize their use of the standard contract boilerplate, including simplified renewal documents, written directives, and valid waivers of interest when contracting with NFPs.

State agencies utilizing waivers of interest should ensure that the waiver is signed and dated by the NFP, includes an explanation for the retroactive contract start date, and satisfies required time frames set by the law.

Note: The Prompt Contracting Law requirements pertain to all grant contracts with NFPs, including those that fall below the $50,000 threshold for the Comptroller’s prior approval.

Source: OSC A-Bulletin A-316 (update effective January 1, 2008)

Consultant Disclosure Legislation
Effective June 19, 2006, new reporting requirements became effective for State contractors, as the result of an amendment to State Finance Law §§ 8 and 163. As a result of these changes in law, State contractors will be required to disclose, by employment category, the number of persons employed to provide services under a contract for consulting services, the number of hours worked and the amount paid to the contractor by the State as compensation for work performed by these employees. This will include information on any persons working under any subcontracts with the State contractor.
Chapter 10 of the Laws of 2006 expands the definition of contracts for consulting services to include any contract entered into by a State agency for analysis, evaluation, research, training, data processing, computer programming, engineering, environmental, health, and mental health services, accounting, auditing, paralegal, legal, or similar services.
To enable compliance with the law, State agencies must include in the Procurement Record submitted to OSC for new consultant contracts, the State Consultant Services Contractor’s Planned Employment From Contract Start Date Through the End of the Contract Term (Form A – see link below). The completed form must include information for all employees providing service under the contract whether employed by the contractor or a subcontractor. Please note that the form captures the necessary planned employment information prospectively from the start date of the contract through the end of the contract term.
Form A: http://www.osc.state.ny.us/agencies/gbull/g226forma.doc
Chapter 10 of the Laws of 2006 mandates that State agencies must now require State contractors to report annually on the employment information described above, including work performed by subcontractors. The legislation mandates that the annual employment reports are to be submitted by the contractor to the contracting agency, to OSC and to the Department of Civil Service. State Consultant Services Contractor’s Annual Employment Report (Form B – see link below) is to be used to report the information for all procurement contracts above $15,000. Please note that, in contrast to the information to be included on Form A, which is a one-time report of planned employment data for the entire term of a consulting contract on a projected basis, Form B will be submitted each year the contract is in effect and will capture historical information, detailing actual employment data for the most recently concluded State fiscal year (April 1 – March 31).
Form B: http://www.osc.state.ny.us/agencies/gbull/g226formb.doc
For more information, please visit the OSC web site for G-Bulletin 226 at: http://www.osc.state.ny.us/agencies/gbull/g-226.htm.

Public Officer’s Law Section 73 – Restrictions on the Activities of Current and Former State Officers and Employees

All current and former State employees are prohibited from submitting a bid proposal, as such would violate Public Officer’s Law Section 73 (4)(a), as follows:

4. (a) No statewide elected official, state officer or employee, member of the legislature, legislative employee or political party chairman or firm or association of which such person is a member, or corporation, ten per centum or more of the stock of which is owned or controlled directly or indirectly by such person, shall (i) sell any goods or services having a value in excess of twenty-five dollars to any state agency, or (ii) contract for or provide such goods or services with or to any private entity where the power to contract, appoint or retain on behalf of such private entity is exercised, directly or indirectly, by a state agency or officer thereof, unless such goods or services are provided pursuant to an award or contract let after public notice and competitive bidding. This paragraph shall not apply to the publication of resolutions, advertisements or other legal propositions or notices in newspapers designated pursuant to law for such purpose and for which the rates are fixed pursuant to law.

All other bidders are prohibited from submitting a bid proposal if they employ or subcontract with a current or former State employee, as defined below in Public Officer’s Law 73(i):

(i) The term “state officer or employee” shall mean:
(i) heads of state departments and their deputies and assistants other than members of the board of regents of the university of the state of New York who receive no compensation or are compensated on a per diem basis;
(ii) officers and employees of statewide elected officials;
(iii) officers and employees of state departments, boards, bureaus, divisions, commissions, councils or other state agencies other than officers of such boards, commissions or councils who receive no compensation or are compensated on a per diem basis; and
(iv) members or directors of public authorities, other than multistate authorities, public benefit corporations and commissions at least one of whose members is appointed by the governor, who receive compensation other than on a per diem basis, and employees of such authorities, corporations and commissions.

Public Officer’s Law Section 73 can be found at http://www.dos.state.ny.us/ethc/POL73.html.

4.) Assurances

Appendix A – Standard Clause for all New York State Contracts WILL BE INCLUDED in the contract that results from this RFP. Vendors who are unable to complete or abide by these assurances should not respond to this request.

The documents listed below are included in 5.) Submission Documents, which must be signed by the Chief Administrative Officer. Please review the terms and conditions. Certain documents will become part of the resulting contract that will be executed between the successful bidder and the NYS Education Department.

Appendix A – Standard Clause for all New York State Contracts, contains the following two (2) certifications:

MacBride Certification
(Signature Required – the form is included in 5.) Submission Documents)

Certification-Omnibus Procurement Act of 1992
(Signature Required – the form is included in 5.) Submission Documents)

Appendix A-1 – NYSED Contract Clauses

Affirmative Action and Minority/Women Owned Business Enterprise Policy

Certification Regarding Lobbying; Debarment and Suspension; and Drug-Free Workplace Requirements
(Signature Required – the form is included in 5.) Submission Documents)

STANDARD CLAUSES FOR NYS CONTRACTS

The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, “the contract” or “this contract”) agree to be bound by the following clauses which are hereby made a part of the contract (the word “Contractor” herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party):

1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract.

2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the previous consent, in writing, of the State and any attempts to assign the contract without the State’s written consent are null and void. The Contractor may, however, assign its right to receive payment without the State’s prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law.

3. COMPTROLLER’S APPROVAL. In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $50,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $10,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. Comptroller’s approval of contracts let by the Office of General Services is required when such contracts exceed $85,000 (State Finance Law Section 163.6.a).

4. WORKERS’ COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers’ Compensation Law.

5. NON-DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition or carrier status, or marital status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation.

6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor’s employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law.

7. NON-COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139-d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non-collusive bidding certification on Contractor’s behalf.

8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract’s execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2NYCRR 105.4).

9. SET-OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State’s option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller.

10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, “the Records”). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the “Statute”) provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State’s right to discovery in any pending or future litigation.

11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION. (a) FEDERAL EMPLOYER IDENTIFICATION NUMBER and/or FEDERAL SOCIAL SECURITY NUMBER. All invoices or New York State standard vouchers submitted for payment for the sale of goods or services or the lease of real or personal property to a New York State agency must include the payee’s identification number, i.e., the seller’s or lessor’s identification number. The number is either the payee’s Federal employer identification number or Federal social security number, or both such numbers when the payee has both such numbers. Failure to include this number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or New York State standard voucher, must give the reason or reasons why the payee does not have such number or numbers.

(b) PRIVACY NOTIFICATION. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law.
(2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in New York State’s Central Accounting System by the Director of Accounting Operations, Office of the State Comptroller, 110 State Street, Albany, New York 12236.

12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In accordance with Section 312 of the Executive Law, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then:

(a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation;

(b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the contractor’s obligations herein; and

(c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status.

Contractor will include the provisions of “a”, “b”, and “c” above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the “Work”) except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State; or (iii) banking services, insurance policies or the sale of securities. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this section. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Governor’s Office of Minority and Women’s Business Development pertaining hereto.

13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control.

14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise.

15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article 11-A of the State Finance Law to the extent required by law.

16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York.

17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules (“CPLR”), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor’s actual receipt of process or upon the State’s receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond.

18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS. The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of State Finance Law §165. (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the responsibility of the contractor to establish to meet with the approval of the State.

In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in §165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State.

19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles.

20. OMNIBUS PROCUREMENT ACT OF 1992. It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts.

Information on the availability of New York State subcontractors and suppliers is available from:

NYS Department of Economic Development
Division for Small Business
30 South Pearl St — 7th Floor
Albany, New York 12245
Telephone: 518-292-5220
Fax: 518-292-5884
http://www.empire.state.ny.us

A directory of certified minority and women-owned business enterprises is available from:

NYS Department of Economic Development
Division of Minority and Women’s Business Development
30 South Pearl St — 2nd Floor
Albany, New York 12245
Telephone: 518-292-5250
Fax: 518-292-5803
http://www.empire.state.ny.us

The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than $1 million:

(a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women-owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State;

(b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92-261), as amended;

(c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and

(d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts.

21. RECIPROCITY AND SANCTIONS PROVISIONS. Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively) require that they be denied contracts which they would otherwise obtain. NOTE: As of May 15, 2002, the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii. Contact NYS Department of Economic Development for a current list of jurisdictions subject to this provision.

22. PURCHASES OF APPAREL. In accordance with State Finance Law 162 (4-a), the State shall not purchase any apparel from any vendor unable or unwilling to certify that: (i) such apparel was manufactured in compliance with all applicable labor and occupational safety laws, including, but not limited to, child labor laws, wage and hours laws and workplace safety laws, and (ii) vendor will supply, with its bid (or, if not a bid situation, prior to or at the time of signing a contract with the State), if known, the names and addresses of each subcontractor and a list of all manufacturing plants to be utilized by the bidder.

June, 2006
APPENDIX A-1

Payment and Reporting

A. In the event that Contractor shall receive, from any source whatsoever, sums the payment of which is in consideration for the same costs and services provided to the State, the monetary obligation of the State hereunder shall be reduced by an equivalent amount provided, however, that nothing contained herein shall require such reimbursement where additional similar services are provided and no duplicative payments are received.

B. Variations in each budget category not exceeding ten percent (10%) or One Thousand Dollars ($1,000.00) of such category, whichever is greater, may be approved by the Commissioner of Education. Any such variations shall be reflected in the final expenditure report and filed in the Office of the State Comptroller.

Terminations

A. The State may terminate this Agreement without cause by thirty (30) days prior written notice. In the event of such termination, the parties will adjust the accounts due and the Contractor will undertake no additional expenditures not already required. Upon any such termination, the parties shall endeavor in an orderly manner to wind down activities hereunder.

B. SED reserves the right to terminate this Agreement in the event it is found that the certification by the Contractor in accordance with New York State Finance Law §139-k was intentionally false or intentionally incomplete. Upon such finding, SED may exercise its termination right by providing written notification to the Contractor in accordance with the written notification terms of this Agreement.

Property

A. The Contractor shall maintain a complete inventory of all realty, equipment and other non-expendable assets including, but not limited to, books, paintings, artifacts, rare coins, antiques and other collectible items purchased, improved or developed under this agreement. The Contractor shall submit a copy of the inventory in a form identical to or essentially similar to, Exhibit A annexed hereto. The term “non-expendable assets” shall mean for the purposes of this agreement any and all assets which are not consumed during the term of this agreement and which have a cost of One Thousand Dollars ($1,000) or more.

Inventories for non-expendable assets must be submitted with the final expenditure report. In addition to or as part of whatever rights the State may have with respect to the inspection of the Contractor, the State shall have the right to inspect the inventory without notice to the Contractor.

The Contractor shall not at any time sell, trade, convey or otherwise dispose of any non-expendable assets having a market value in excess of Two Thousand Dollars ($2,000) at the time of the desired disposition without the express permission of the State. The Contractor may seek permission in writing by certified mail to the State.

The Contractor shall not at any time use or allow to be used any non-expendable assets in a manner inconsistent with the purposes of this agreement.

B. If the Contractor wishes to continue to use any of the non-expendable assets purchased with the funds available under this agreement upon the termination of this agreement, it shall request permission from the State in writing for such continued use within twenty-five (25) days of the termination of this agreement. The Contractor’s request shall itemize the non-expendable assets for which continued use is sought. The State may accept, reject or accept in part such request. If the request for continued use is allowed to any degree, it shall be conditioned upon the fact that said equipment shall continue to be used in accordance with the purposes of this agreement.

If after the State grants permission to the Contractor for “continued use” as set forth above the non-expendable assets are not used in accordance with the purposes of this agreement, the State in its discretion may elect to take title to such assets and may assert its right to possession upon thirty (30) days prior written notice by certified mail to the Contractor. The State upon obtaining such non-expendable assets may arrange for their further use in the public interest as it in its discretion may decide.

C. Upon termination of this agreement, the State in its discretion may elect to take title and may assert its right to possession of any non-expendable assets upon thirty (30) days prior written notice by certified mail to the Contractor. The State’s option to elect to take title shall be triggered by the termination of this agreement or by the State’s rejection of continued use of non-expendable assets by the Contractor as set forth herein. The State upon obtaining such non-expendable assets may arrange for their further use in the public interest as it in its discretion may decide.

D. The terms and conditions set forth herein regarding non-expendable assets shall survive the expiration or termination, for whatever reason, of this agreement.

Safeguards for Services and Confidentiality

A. Any copyrightable work produced pursuant to said agreement shall be the sole and exclusive property of the New York State Education Department. The material prepared under the terms of this agreement by the Contractor shall be prepared by the Contractor in a form so that it will be ready for copyright in the name of the New York State Education Department. Should the Contractor use the services of consultants or other organizations or individuals who are not regular employees of the Contractor, the Contractor and such organization or individual shall, prior to the performance of any work pursuant to this agreement, enter into a written agreement, duly executed, which shall set forth the services to be provided by such organization or individual and the consideration therefor. Such agreement shall provide that any copyrightable work produced pursuant to said agreement shall be the sole and exclusive property of the New York State Education Department and that such work shall be prepared in a form ready for copyright by the New York State Education Department. A copy of such agreement shall be provided to the State.

B. All reports of research, studies, publications, workshops, announcements, and other activities funded as a result of this proposal will acknowledge the support provided by the State of New York.

C. This agreement cannot be modified, amended, or otherwise changed except by a writing signed by all parties to this contract.

D. No failure to assert any rights or remedies available to the State under this agreement shall be considered a waiver of such right or remedy or any other right or remedy unless such waiver is contained in a writing signed by the party alleged to have waived its right or remedy.

E. Expenses for travel, lodging, and subsistence shall be reimbursed at the per diem rate in effect at the time for New York State employees.

F. No fees shall be charged by the Contractor for training provided under this agreement.

G. Nothing herein shall require the State to adopt the curriculum developed pursuant to this agreement.

H. This agreement, including all appendices, is, upon signature of the parties and the approval of the Attorney General and the State Comptroller, a legally enforceable contract. Therefore, a signature on behalf of the Contractor will bind the Contractor to all the terms and conditions stated therein.

I. The parties to this agreement intend the foregoing writing to be the final, complete, and exclusive expression of all the terms of their agreement.

Certifications

A. Contractor certifies that it has met the disclosure requirements of State Finance Law §139-k and that all information provided to the State Education Department with respect to State Finance Law §139-k is complete, true and accurate.

B. Contractor certifies that it has not knowingly and willfully violated the prohibitions against impermissible contacts found in State Finance Law §139-j.

C. Contractor certifies that no governmental entity has made a finding of nonresponsibility regarding the Contractor in the previous four years.

D. Contractor certifies that no governmental entity or other governmental agency has terminated or withheld a procurement contract with the Contractor due to the intentional provision of false or incomplete information.

E. Contractor affirms that it understands and agrees to comply with the procedures of the STATE relative to permissible contacts as required by State Finance Law §139-j (3) and §139-j (6)(b).

F. Contractor certifies that it is in compliance with NYS Public Officers Law, including but not limited to, §73(4)(a).

Notices

Any written notice or delivery under any provision of this AGREEMENT shall be deemed to have been properly made if sent by certified mail, return receipt requested to the address(es) set forth in this Agreement, except as such address(es) may be changed by notice in writing. Notice shall be considered to have been provided as of the date of receipt of the notice by the receiving party.

Miscellaneous

A. Contractor shall comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law Section 889-aa; State Technology Law Section 208). Contractor shall be liable for the costs associated with such breach if caused by Contractor’s negligent or willful acts or omissions, or the negligent or willful acts or omissions of Contractor’s agents, officers, employees or subcontractors.

B. If required by the Office of State Comptroller (“OSC”) Bulletin G-226 and State Finance Law §§ 8 and 163, Contractor agrees to submit an initial planned employment data report on Form A and an annual employment report on Form B. State will furnish Form A and Form B to Contractor if required.

The initial planned employment report must be submitted at the time of approval of this Agreement. The annual employment report on Form B will be submitted each year the contract is in effect and will detail actual employment data for the most recently concluded State fiscal year (April 1 – March 31). The first report will be filed no later than May 15, 2007. Thereafter, Form B will be filed no later than May 15th of each succeeding year. Copies of the report will be submitted to the NYS Education Department, OSC and the NYS Department of Civil Service at the addresses below.

By mail: NYS Office of the State Comptroller
Bureau of Contracts
110 State Street, 11th Floor
Albany, NY 12236
Attn: Consultant Reporting
By fax: (518) 474-8030 or (518) 473-8808

Reports to DCS are to be transmitted as follows:

By mail: NYS Department of Civil Service
Alfred E. Smith Office Building
Albany, NY 12239
Office of Counsel

Reports to NYSED are to be transmitted as follows:

By mail: NYS Education Department
Contract Administration Unit
Room 505 W EB
Albany, NY 12234
By fax: (518) 408-1716

C. Consultant Staff Changes. If this is a contract for consulting services, Contractor will maintain continuity of the consultant team staff throughout the course of the contract. All changes in staff will be subject to STATE approval. The replacement consultant(s) with comparable skills will be provided at the same or lower hourly rate.

New York State Education Department’s
Minority/ Women-Owned Business Enterprise Procurements Policy

It is the policy of the New York State Education Department to provide certified minority or women-owned business enterprises and small business enterprises with equal opportunity to Department procurements. Article 15-A of the NYS Executive Law, and Section 163 (6) of the NYS Finance Law were enacted to promote fairness in, and greater access to, the procurement process. The Board of Regents and the Commissioner are committed to a workforce that is representative of the many communities we serve, and to business practices which likewise reflect this commitment. Integral to the achievement of these goals is the increased utilization of women and minority-owned enterprises (M/WBEs) as vendors of the goods and services purchased/contracted by the Department. In doing so, we will further support our mission “To raise the knowledge, skill and opportunity of all the people in New York.

Every Department employee involved in the procurement process is responsible for ensuring both compliance with the above referenced laws and the maximum possible use of M/WBEs consistent with procedures developed jointly by the Office of Fiscal Management and the Office for Diversity, Ethics and Access.

Attachment 1
The University of the State of New York
THE STATE EDUCATION DEPARTMENT
High School Equivalency Program
P.O. Box 7348
Albany, New York 12224-0348
(518) 474-5906

VERIFICATION FORM FOR
NEW YORK STATE GED TEST APPLICANTS 16, 17, OR 18 YEARS OF AGE ENROLLED IN AN APPROVED ALTERNATIVE HIGH SCHOOL EQUIVALENCY PREPARATION PROGRAM *

*NOTE: An Approved Alternative High School Equivalency Preparation Program is one for students under age 19 operated only by a public school district or the local board of education or BOCES in accordance with Part 100.7 of the Commissioner’s Regulations and approved on an annual basis by the State Education Department.

Under Commissioner’s Regulations 100.7 (1) (XVIII): “Students preparing to take the high school equivalency examination shall not be referred to that test unless they demonstrate readiness as indicated by tests approved by the Commissioner.”

Program Information PLEASE PRINT CLEARLY IN INK
Name of Alternative High School Equivalency Preparation Program 5-Digit Program Code
Address (Street/P.O. Box)
City State Zip Code
Applicant Information
Last Name First Name Middle Initial
Address Apartment Number
Social Security Number Age Date of Birth Month Day Year
Official Practice Test (OPT) Information Date of Test ______________ ScoresForm ___________________ Language Arts Reading* ______________ Language Arts Writing* ______________ Mathematics* _______________________ * Minimum 410 required Science* ___________________________**Minimum 2250 required Social Studies* ______________________ Total** ______________________________
By signing below, I verify that the above applicant is enrolled in an Approved Alternative High School Equivalency Preparation (AHSEP) Program and has reached “maximum compulsory school attendance age.” Maximum compulsory school attendance age is reached when the school year in which the student has turned 16, or such older maximum age as the board of education of the school district may designate for required school attendance pursuant to section 3205(3) of Education Law has ended (June 30). It is my understanding that the applicant may not take the GED test until July 1st of the year in which he or she turned 16 or such older maximum age as referenced above. I also verify that the applicant demonstrates readiness to test as evidenced by scores on the Official Practice Test and observed academic performance. _________________________________________________________ Signature of AHSEP Program Director _________________________________________________________ Print or Type Director’s Name_________________________________________________________ Date

The University of the State of New York
THE STATE EDUCATION DEPARTMENT Attachment 2
GED Testing Office
P.O. Box 7348
Albany, New York 12224-0348
(518) 474-5906

GED TEST REFERRAL FORM FOR New York STATE GED TEST APPLICANTS ENROLLED IN A HIGH SCHOOL EQUIVALENCY PREPARATION (NOT AHSEP) PROGRAM

I. Program Information PLEASE PRINT CLEARLY IN INK
Name of High School Equivalency Preparation Program 5-Digit Prep Program Code
Address: Street/P.O. Box
City State Zip Code
II. Applicant Information
Last Name First Name Middle Initial
Address Apt. #
Social Security Number Age Date of Birth Month Day Year
III. Official Practice Test (OPT) InformationDate of Test ______________ ScoresForm ___________________ Language Arts Reading* ______________ Language Arts Writing* ______________ Mathematics* _______________________ * Minimum 410 required Science* ___________________________**Minimum 2250 required Social Studies* ______________________ Total** ______________________________
IV. Official Signature By signing below I verify that the above candidate is enrolled in a high school equivalency preparation program, has demonstrated readiness and is being referred to take the GED test. I have filled out this form completely and have supplied the appropriate GED preparation program code in Section I: Program Information. _________________________________________________________ Signature of Program Director _________________________________________________________ Print or Type Director’s Name_________________________________________________________ Date

5.) SUBMISSION DOCUMENTS

RESPONSE TO

REQUEST FOR PROPOSAL #07-033

NEW YORK STATE EDUCATION DEPARTMENT

Title: Funding for General Educational Development (GED) Test Administration—Outside New York City

To respond to the RFP, which is noted above, you must complete all the documents that are contained in this package, signing each individual document as required. Attach any other pertinent information that responds to the information requested in the RFP and mail the documents by the due date that is stated on the cover of the RFP, in a sealed envelope labeled:

RFP #07-033
PLEASE NOTE: FIVE (5) COPIES OF THE SUBMISSION DOCUMENTS MUST BE RETURNED WITH THIS APPLICATION
To:

NYS Education Department
Bureau of Fiscal Management
Contract Administration Unit
89 Washington Avenue, Room 505W EB
Albany, NY 12234

Index of Documents:

1.) Response Sheet to Bids Signature Required

2.) Assurances: Signature Required
¨ MacBride Certification
¨ Certification-Omnibus Procurement Act of 1992
¨ Certifications Regarding Lobbying; Debarment and Suspension;
and Drug-Free Workplace Requirements
¨ Offerer Disclosure of Prior Non-Responsibility Determinations
¨ Mandatory Requirements Certification Signature Required
¨ Application Cover Sheet
¨ Proposed GED Testing Schedule

NEW YORK STATE EDUCATION DEPARTMENT RFP Proposal #07-033

Response Sheet for Bids

Please complete the bidder section on this sheet even if you choose not to bid. Read the detailed specifications, terms, and conditions, and submit this form along with your completed bid form and supporting materials.

Agency and Bid-Delivery Information

Bids may not be faxed. To ensure the confidentiality of your bid before the bid opening, enclose your bid within an envelope labeled

Bid Proposal #07-033DO NOT OPEN

Place this sealed envelope within another envelope labeled with the delivery information.

Bidder Information—Please Complete This SectionPlease complete the following even if you are choosing not to bid; responses must be legible. By signing, you indicate your express authority to sign on behalf of yourself, or your company or other entity and full knowledge and acceptance of the terms and conditions of the bid. You also affirm that you understand and agree to comply with the procedures of the NYSED relative to permissible contacts as required by State Finance Law §139-j (3) and §139-j (6) (b).
Name of Company Bidding Employer’s Federal Tax ID Number
Address Street City State Zip Code

Check if appropriate:r I certify that my organization has filed the Vendor Responsibility Questionnaire online via the New York State VendRep System.r I am not submitting a bid. Please complete and submit this sheet only;in addition, please indicate why you have chosen not to bid.
Bidder’s Signature Date E-mail
Phone Fax
Print Name as Signed and Title
The New York State Education Department reserves the right to request any additional information deemed necessary to properly review bids.

MacBride Certification

“NONDISCRIMINATION IN EMPLOYMENT IN NORTHERN IRELAND:
MacBRIDE FAIR EMPLOYMENT PRINCIPLES

In accordance with Chapter 807 of the laws of 1992 the bidder, by submission of this bid, certifies that it or any individual or legal entity in which the bidder holds a 10% or greater ownership, or any individual or legal entity that holds a 10% or greater ownership in the bidder, either:

(Answer Yes or No to one or both of the following, as applicable)

1. Has business operations in Northern Ireland:

______ Yes ______ No

If yes:

2. Shall take lawful steps in good faith to conduct any business operations they have in Northern Ireland in accordance with the MacBride Fair Employment Principles relating to nondiscrimination in employment and freedom of workplace opportunity regarding such operations in Northern Ireland, and shall permit independent monitoring of compliance with such principles.

______ Yes ______ No

Company Name:

Printed Name and Title of Authorized Representative:

_______________________________________________________________________

Signature:

Date:

Proposal:

Commodity:

CERTIFICATION – OMNIBUS PROCUREMENT ACT OF 1992

The Omnibus Procurement Act of 1992 requires that by signing this RFP/bid proposal, contractors certify that whenever the total bid amount is greater than $1 million:

1. The contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors on this project, and has retained the documentation of these efforts to be provided upon request to the State;

2. The contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92-261), as amended;

3. The contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor; or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The contractor agrees to document these efforts and to provide said documentation to the State upon request;

4. The contractor acknowledges notice that New York State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts.

Name:

Title:

Company Name:

Date:
Required Assurances

CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS

Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 34 CFR Part 82, “New Restrictions on Lobbying,” and 34 CFR Part 85, “Government-wide Debarment and Suspension (Non-procurement) and Government-wide Requirements for Drug-Free Workplace (Grants).” The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Education determines to award the covered transaction, grant, or cooperative agreement.

1. LOBBYING

As required by Section 1352, Title 31 of the U.S. Code, and implemented at 34 CFR Part 82, for persons entering into a grant or cooperative agreement over $100,000, as defined at 34 CFR Part 82, Sections 82.105 and 82.110, the applicant certifies that:

(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement;

(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form – LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

(c) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-grants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly.

2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS

As required by Executive Order 12549, Debarment and Suspension, and implemented at 34 CFR Part 85, for prospective participants in primary covered transactions, as defined at 34 CFR Part 85, Sections 85.105 and 85.110–

A. The applicant certifies that it and its principals:

(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or
State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and

(d) Have not within a three-year period preceding this application had one or more public transaction (Federal, State, or local) terminated for cause or default; and

B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an
explanation to this application.

3. DRUG-FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)

As required by the Drug-Free Workplace Act of 1988, and implemented at 34 CFR Part 85, Subpart F, for grantees, as defined at 34 CFR Part 85, Sections 85.605 and 85.610 –

A. The applicant certifies that it will or will continue to provide a drug-free workplace by:

(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee’s workplace and specifying the actions that will be taken against employees for violation of such prohibition;

(b) Establishing an on-going drug-free awareness program to inform employees about:

(1) The dangers of drug abuse in the workplace;

(2) The grantee’s policy of maintaining a drug-free workplace;

(3) Any available drug counseling, rehabilitation, and employee assistance programs; and

(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a);

(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will:

(1) Abide by the terms of the statement; and

(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction;
(e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Director, Grants Policy and Oversight Professional, U.S. Department of Education, 400 Maryland Avenue, S.W. (Room 3652, GSA Regional Office Building No. 3), Washington, DC 20202-4248. Notice shall include the identification number(s) of each affected grant;

(f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted:

(1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or

(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;

(g) Making a good faith effort to continue to maintain a
drug-free workplace through implementation of paragraphs
(a), (b), (c), (d), (e), and (f).

B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant:

Place of Performance (Street address, city, county, state, and zip code)

Check [ ] if there are workplaces on file that are not identified here.

DRUG-FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)

As required by the Drug-Free Workplace Act of 1988, and implemented at 34 CFR Part 85, Subpart F, for grantees, as defined at 34 CFR Part 85, Sections 85.610-

A. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; and

B. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Director, Grants Policy and Oversight Professional, Department of Education, 400 Maryland Avenue, S.W. (Room 3652, GSA Regional Office building No. 3), Washington, DC 20202-4248. Notice shall include the identification number(s) of each affected grant.

As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. The applicant will provide immediate written notice to the NYSED Contract Administration Unit if at any time the applicant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

NAME OF APPLICANT PR/AWARD NUMBER AND / OR PROJECT NAME
PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE DATE
CONTRACT YEAR CONTRACT NUMBER

Instructions: The attached form is to be completed and submitted by the individual or entity seeking to enter into a Procurement Contract. It shall be submitted to the State Education Department.

Offerer Disclosure of Prior Non-Responsibility Determinations

Name of Individual or Entity Seeking to Enter into the Procurement Contract:

_______________________________________________________________________

Address: _______________________________________________________________
_______________________________________________________________________

Name and Title of Person Submitting this Form: ________________________________
_______________________________________________________________________

Contract RFP Number: _____________________________________________

Date:________________________

1. Has any Governmental Entity made a finding of non-responsibility regarding the individual or entity seeking to enter into the Procurement Contract in the previous four years? (Please circle):
No Yes
If yes, please answer the next questions:

2. Was the basis for the finding of non-responsibility due to a violation of State Finance Law §139-j (Please circle):
No Yes
3. Was the basis for the finding of non-responsibility due to the intentional provision of false or incomplete information to a Governmental Entity? (Please circle):

No Yes

4. If you answered yes to any of the above questions, please provide details regarding the finding of non-responsibility below.

Governmental Entity: ___________________________________________________________

Date of Finding of Non-responsibility: ______________________________________________

Basis of Finding of Non-Responsibility: _____________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
(Add additional pages as necessary)

5. Has any Governmental Entity or other governmental agency terminated or withheld a Procurement Contract with the above-named individual or entity due to the intentional provision of false or incomplete information? (Please circle):
No Yes

6. If yes, please provide details below.

Governmental Entity: ______________________________________________

Date of Termination or Withholding of Contract: _______________________________________

Basis of Termination or Withholding: ____________________________________________

_____________________________________________________________________________

_____________________________________________________________________________
(Add additional pages as necessary)

Offerer certifies that all information provided to the Governmental Entity with respect to State Finance Law §139-k is complete, true and accurate.

By: Date:
Signature

Name:

Title:

Mandatory Requirements Certification

Funding for General Educational Development (GED) Test Administration—Outside New York City

By signing this form, the undersigned agrees it can provide/and or meet all of the requirements listed below:

All testing centers must be located in the TSA that it serves.

Suitable Physical Facilities
F Secure, limited access storage for testing materials
F Quiet, clean, comfortable, well-lit testing rooms
F The center will have convenient, close restrooms with working plumbing. Working plumbing includes water fountains, toilets, and sinks.
F The desks and chairs used will have backs sized for adults and adequate space so that seating can be staggered to preclude copying or collaborating
F Accessibility for candidates with disabilities
F An environment free of distractions/interruptions, i.e., electronic devices, external noises
F The center will not schedule disruptive activities such as concerts, ballgames, or other activities in or close to the room where the test is being given. The corridors should not be busy with people walking by.

Adequate Staffing/Personnel
F Chief, Alternate Chief Examiners, proctors and clerical support with appropriate
professional backgrounds who meet the criteria established by the GEDTS and SED
F Staff who are able and qualified to assume responsibility for the GED testing
program.
F Center examiners who will attend SED-sponsored training

Full Testing Support Services
F Service to all candidates
F Commitment to the value of the GED testing program
F Convenient testing schedules that are frequent enough to meet community needs
F Detailed record keeping and frequent inventories
F Information, guidance and service on accommodations for those with disabilities

Cooperation with GED Testing Service

F Test research
F Test administration
F Test security policies

Financial Management
F Prompt payment of any invoices
F Orders for sufficient materials
F Prompt return of all restricted testing materials at the end of contract year

Test Security
F Full compliance with all polices in this manual and in any other written policy statements
F Secure, limited access storage area for all test-related materials, supplies, and record keeping
F Full cooperation with GEDTS in any instance of test compromise

Scheduling

F The testing schedule will meet the needs of the local community.
F The center may be asked to hold additional examinations on as-needed and occasional basis in order to meet unexpected demand.

GED Testing Center Staff Qualifications

The official GED Testing Center Staff shall consist of the following:

1. GED Chief Examiner
2. GED Examiner(s)
3. GED Proctors and
4. Clerks

Any individual who assumes any of the above positions must meet the appropriate educational requirements as described below.

Educational Requirements for GED Chief Examiners, Examiners and Proctors and Clerks

Chief Examiner

Chief Examiners must hold at least a bachelor’s degree from a nationally accredited college or university and shall have experience in teaching, training, counseling or testing.

GED Examiner

GED Proctors

GED Clerks

GED Clerks shall have a high school diploma or high school equivalency diploma/certificate and are selected by the Chief Examiner or examiner. Clerks may hold a high school diploma/certificate issued outside of the united States, but must have excellent proficiency in listening, speaking reading and writing the English language.

Additional Requirements

Chief Examiners must be fluent in French and/or Spanish if administering tests in those languages.

GED Test centers will give priority seating to test candidates who present evidence they have passed the Official Practice Test (OPT).

Proposals that do not include the signed Mandatory Requirements Certification will be disqualified and removed from further consideration.

Vendor Signature Date:
Printed Name
Company Name
Company Address
The University of the State of New York
THE STATE EDUCATION DEPARTMENT
Albany, NY 12234
General Educational Development (GED) Test Administration
Application Cover Sheet

Agency Code (if not funded by NYSED within last 3 years)

Agency Name
Address
City County Zip
Program Contact Telephone ( )
E-Mail Address Fax( )

GED Test Administration o English o Spanish o French

Proposed GED Testing Schedule

Testing Center Name Address Testing Service Area (TSA) Distance from Public Transportation (bus stop) Frequency of Test AdministrationWeekly, Every Two Weeks, Monthly Per Test Session Capacity of Center Proposed Number of Test Dates English (E) French (F)Spanish (S)Special Testing (ST) Proposed Total Number of Candidates to be Tested Annually
e.g. Albany Adult Learning Center 27 Western Ave.Albany, N.Y. 12203 Albany-Schenectady-Schoharie 1 block Every Two Weeks 100 35 25 E4 S1 F5 ST 3500

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