Educational Resources for Adult and Family Literacy Projects

Program Managers/Directors:
>
> Attached is an RFP from NYS OTDA and represents a real
> opportunity for our region.  I am planning on working with a
> group of providers/agencies to submit a regional response.  I
> think as a regional proposal we stand a great chance to receive
> funding.  Any interested providers, please contact my office, all
> are welcome.
>
> Martin
>
> Martin G. Murphy, Director
> LI-RAEN
> 631-293-3150

 

 

 

 

 

 

REQUEST FOR PROPOSALS

 

EDUCATIONAL RESOURCES PROGRAM

 

 

 

 

 

 

Issued on July 23, 2008 by:

 

New York State Office of Temporary and Disability Assistance

Center for Employment and Economic Supports

40 North Pearl Street 9C

Albany, NY 12243

 

 

 

 

Submission Deadline:

 

September 3, 2008

 

 

 

 

The New York State Office of Temporary and Disability Assistance is an Equal Opportunity Employer.  Reasonable accommodations are available upon request to individuals with disabilities.

TABLE OF CONTENTS

 

       I.      Timelines and Proposal Submission                                                                          Page

 

A.     Questions Concerning this Request for Proposals (RFP)                                             3

B.     Notice of Intent to Bid                                                                                               3

C.     Proposal Due Date                                                                                                    3

D.     Proposal Forwarding Instructions and Format                                                            3-4

E.      RFP Timetable                                                                                                          4

 

    II.      Summary of the RFP                                                                                                   

 

A.     Purpose                                                                                                                     4-5

B.     Available Funds/Award Amounts                                                                               5

C.     Contract Period                                                                                                         6

D.     Eligible Applicants                                                                                                     6

E.      Agency Responsibilities                                                                                              6

                                      

 III.      Program and Contract Information                                                                             

 

A.     Program Background                                                                                     6-7

B.     Participant Eligibility                                                                                       7-9

C.     Coordination with the Local Department of Social Services (LDSS)               9

D.     Description of Services Sought                                                                                   9-12

E.      Milestone Structure                                                                                                    12-18

F.      Documentation Requirements                                                                         18-19

 

  IV.      Proposal Requirements – Format and Content                                                          

 

A.     Technical Proposal                                                                                                    20-22

B.     Budget Proposal                                                                                                        22

C.     Required Documents                                                                                     22-25

     

V.  Selection Process and Evaluation Criteria

 

A.  Evaluation of Proposals                                                                                             25

B.   Evaluation Process                                                                                                    25

C.  Evaluation Criteria                                                                                                    25-27

D.  Method of Selection                                                                                                  27

E.  Terms and Conditions Governing this RFP                                                                 27-28

 

VI. General Information for Successful Bidders

 

Contracting Terms/State Payments                                                                                   29-32

 

VII. RFP Attachments and Required Documents                                                                33-82

Timelines and Proposal Submission

 

A.     Questions Concerning this Request For Proposals (RFP)

 

Bidders may submit typed questions via electronic mail, fax or by mail to the address provided below.  Questions regarding the RFP will be accepted until 5:00 p.m.,

August 13. 2008.  No handwritten or telephone inquiries will be accepted.  Answers to all questions received by this date will be posted on the New York State Office of Temporary and Disability Assistance’s website at www.otda.state.ny.us no later than August 20, 2008.  Prospective bidders may obtain a hard copy of the questions and answers upon request. 

 

New York State Office of Temporary and Disability Assistance

Center for Employment and Economic Supports

Attn: Kathleen Dougherty

40 North Pearl Street, 9C

Albany, NY 12243-0001

Fax: (518) 473-7993

E-mail:  kathleen.dougherty@otda.state.ny.us 

 

B.     Notice of Intent to Bid

 

Organizations intending to submit a proposal in response to this RFP are asked to use the “Notice of Intent to Bid” form.  This form, completion and forwarding instructions are included in Attachment B1.

 

C.     Proposal Due Date

 

Proposals must be received no later than 4:00 p.m., September 3, 2008.  Proposals must be sent via regular mail, courier service or hand delivered.  Electronic submissions will not be accepted.  Late bids may be accepted at the discretion of OTDA.  OTDA takes no responsibility for any third party error in the delivery of proposals (e.g. U.S. Post Office, Federal Express, UPS, courier). 

 

D.    Proposal Forwarding Instructions and Format

 

1. Completed proposals should be hand delivered or mailed to:

 

New York State Office of Temporary and Disability Assistance

Bureau of Contract Management

Attn: Tessy Nedy

40 North Pearl Street , Section 13-B

Albany, NY 12243-0001

Phone: (518) 486-6352

 

2.      Five copies of the proposal, with original signatures on each copy, must be received by the established due date.

3.      Proposal narratives must not exceed eight pages in 12-pitch font using standard one-inch margins.  Supporting documents are not included in this limit.  All pages must be numbered.

 

4.      Each proposal must be transmitted in a sealed envelope with the title of the RFP, and the applicant’s name and address clearly displayed on the exterior of the package.

 

E.     RFP Timetable

 

§         RFP Release Date – July 23, 2008

§         Deadline Date for Questions – August 13, 2008

§         Deadline Date for Responses to Questions – August 20, 2008

§         Submission of Notice of Intent to Bid – August 27, 2008

§         Proposal Due Date – September 3, 2008

§         Date of Notification of Award – September 19, 2008

§         Project Start Date – October 1, 2008

 

II: Summary of the RFP

 

A.  Purpose

 

The Educational Resources (ER) Program is designed to assist local social services districts (LSSD) in addressing the educational needs of their TANF eligible population and enable them to become literate, productive and successful in the workplace, home and community.  Through this RFP the services of eligible organizations will be secured to provide the education and/or training activities that are needed to enable them to become employed, qualify for a better job or meet the entry requirements for job skills training. 

 

Specifically, applicant organizations can choose from a menu of programs and services that best meet the needs of the target population, including:

 

§         Adult Literacy Programs:  to improve their reading, math and English language skills and enhance employability.  It includes Adult Basic Education (ABE), Adult Secondary Education (ASE), English as a Second Language (ESL) and High School Equivalency Diploma (GED) preparation.

 

§         Job Skills Training Programs:  instruction specific to a particular vocation and provides training in the various skills necessary to successfully perform the functions of the job, and results in a certificate that will enhance the participant’s employability and career opportunities.

 

§         Workplace Literacy Programs: focuses on the basic literacy and technical skills workers need to retain jobs, advance in their careers, or increase productivity.  Curricula are developed by educational providers, working with employers and employee groups, by analyzing specific jobs to determine what educational, thinking and personal skills are required to perform tasks effectively.

 

§         Family Literacy Programs: to break the cycle of poverty and illiteracy by enhancing the educational opportunities of all family members. Children participate in age-appropriate educational programs while parents build the educational and related skills necessary to successfully assume their roles as parents, workers and community members. Parents and children learn together, and parents are viewed as the child’s first and most important teacher.

 

·        Job Readiness Training (JRT): includes instruction on topics such as employment applications, resumes, job interviewing techniques, career choices and life skills.  JRT may include job club and life skills programs, such as Action for Personal Choice and Life Management Programs and may take place in a separate structured group setting or be integrated in the educational program. 

 

Please note that these programs can be offered as a post-employment and/or pre-employment component. 

 

B.  Available Funds/Award Amounts

 

A total of $8,000,000 in federal TANF funds is available to support selected Educational Resources projects for a 24-month period.  These funds are subject to State and/or federal legislative appropriation.  Awards of up to $300,000 will be made, and at least 26 projects are expected to be funded.  Should additional funds become available to support this RFP, OTDA reserves the right to make awards in excess of the amounts listed above.  Contractors will earn funds on a performance basis as participants improve their literacy skills, make educational gains, obtain credentials and enter and retain employment.  The award shall not duplicate any reimbursement provided or funding made available by OTDA or any other federal, State or local government entity. 

 

The Catalog of Federal Domestic Assistance (CFDA) title and number is 93.558.  These funds are subject to requirements of Title IV-A of the Social Security Act as amended by Title IV-A of the personal responsibility and work reconciliation Act of 1996, PRWORA, P.L. 104-193.  Award Name:  Temporary Assistance for Needy Families (TANF) Program.  Award Agency:  Department of Health and Human Services, Administration for Children and Families.

 

In the event the amount requested by selected organizations exceeds the amount available, OTDA will reduce the award amounts to stay within the overall funding limit.  Necessary award reductions may be achieved by a proportionate decrease across selected proposals, or by basing the reduction on the proposal’s score and/or rank.

 

Performance and accountability standards will be established for the Educational Resources.  The goals will be established based on the contract reimbursement schedule for each selected provider.  OTDA will post the goals of each selected contractor on its website, and will provide updates on how each provider agency is performing in meeting these goals.

 

C.  Contract Period

 

Successful applicants will receive a two-year contract to begin on October 1, 2008 and end September 30, 2010, which may be renewable for three additional years.  Funding for the initial 24-month program period and any subsequent periods is contingent on the continued availability of funding and satisfactory performance of the contractor.  OTDA desires to engage the services of organizations that are successful in helping participants reach the milestones outlined in the RFP, and may initiate contract modifications to reduce award amounts of those projects that are not on schedule to fulfill contract goals by the end of each program period.

 

D.  Eligible Applicants

 

Organizations eligible to apply for funding under this initiative include non-profit organizations, including school districts, Boards of Cooperative Educational Services (BOCES), community colleges, institutes of higher learning, public libraries and community-based organizations.  Applicant organizations may apply for ER independently, or as a lead organization of a consortium of organizations.  Proposals submitted on behalf of a consortium of providers must designate one of the agencies as the lead agency for the consortium, and must include in their application a description of the roles and responsibilities of the lead applicant and each co-applicant.

 

All applicants must complete OTDA’s Bidder Application Form which can be found at:

http://www.otda.state.ny.us/main/cgo/ibidder/default.asp

 

Private not-for-profit applicants must be registered and in good standing with the Charities Bureau of the Attorney General’s Office.

 

E.     Agency Responsibilities

 

OTDA’s Center for Employment and Economic Supports will oversee the development of the contracts resulting from this RFP.  Center staff will also maintain contact with the selected contractors, monitor performance and conduct on-site reviews to ensure program compliance.

 

III. Program and Contract Information

 

A. Program Background

 

The Temporary Assistance for Needy Families program (TANF) provides assistance and work opportunities to eligible families.  Policy requirements for this program impose strict standards that are meant to ensure individuals fully participate in employment preparation and placement services.  The United States Department of Health and Human Services imposes significant financial penalties on states that fail to meet work participation rates by individuals receiving cash assistance.  Fiscal penalties may also be imposed for failure to adequately document and report program participation.  In response to the literacy needs of the TANF population, the New York State Budget includes funding for a variety of welfare-to-work programs and services.  The funding that supports this RFP is intended to address the educational needs of TANF eligible individuals.

 

Improved literacy for many is the essential first step toward the acquisition of job-related skills and employment.  As adult learners increase their literacy and job skills, they increase their employability and enhance their ability to support themselves and their families.  To address literacy needs of low income adults, the ER program was created in 2006 by combining funds appropriated for this purpose as a means for improving the local delivery and State administration of adult literacy services in New York.  The current programs are in operation through December 31, 2008. 

 

Recent changes at the State and federal level require that adult literacy efforts meet the needs of local social service districts while continuing to offer the most effective mix of educational services to our customers.  Specifically, the reauthorization of TANF in  2006 has made the task of meeting work participation rates more challenging.  Federal rules are more prescriptive regarding what services meet federal work participation requirements and how program participation is documented and reported.  OTDA is placing an emphasis on education and job skills training required to develop the skills of public assistance adults so they achieve improved employment and job advancement outcomes.  The ER program will be instrumental in helping local districts offer the services necessary to meet these expectations. 

 

B. Participant Eligibility

 

To be eligible for the Educational Resources program, the individual must be either a Family Assistance (FA) recipient, a TANF-eligible Safety-Net Assistance (SN) recipient or a non-FA recipient who meets the TANF 200% of federal poverty level certification requirements.  At least 50% of the total funds awarded through this initiative will be reserved for reimbursement of milestones achieved by Family Assistance and eligible Safety Net families.  Furthermore, FA recipients referred by the LSSD must be given priority for services over other eligible program participants.  If an agency demonstrates they are unable to meet this requirement due to lack of FA referrals, and after confirmation by the local DSS, OTDA reserves the right to modify this requirement to a minimum of 25% on a case by case basis. 

 

1.   Family Assistance Recipients

 

Heads of households who are FA recipients may be served.  In addition, former FA recipients who have reached their 60-month limit on TANF and have transitioned to Safety Net (SN) assistance may be served.

 

2.   Families at or below 200% of Poverty

 

Heads of households whose gross monthly income is at or below 200% of the federal poverty level and meet TANF certification requirements may be served.

 

OTDA has issued a Local Commissioners Memorandum (00 LCM-20) to provide guidance regarding the certification requirements and services for TANF-funded programs serving eligible individuals and families with incomes at or below 200% of the federal poverty level.

 

The TANF Services Application/Certification Form and the TANF Services Certification/Application Review Form, which are part of 00 LCM-20, must be completed by all applicants for 200% services.  The 200% certification is valid for 12 months regardless of any change in the participant’s circumstances.  After 12 months, participants must be recertified.  Recertification may occur prior to the end of the 12-month period.  This LCM is accessible online at the NYS Office of Temporary and Disability Assistance website at www.otda.state.ny.us in the Resource and Data Section.  Applicant organizations intending to serve this group must familiarize themselves with the certification requirements and other elements discussed in this guidance.

 

In brief, to be eligible under the 200% guidelines, an individual not receiving FA must:

 

§         Be a resident of New York State

§         Be a United States citizen or qualified TANF non-citizen

§         Be a member of a family that includes a minor child or pregnant woman or be a noncustodial parent of a minor child.  A minor child is defined as a child under the age of 18, or under age 19 and attending secondary school or its equivalent; and

§         Have gross family income that does not exceed 200% of the federal poverty level listed in the attached table.

 

Applicants under the age of 21 may be eligible for services regardless of whether the family includes a minor child.

 

200% of Poverty Income Standards Program Year

June 1, 2008 through May 31, 2009

 

Family Size	Annual Income	Monthly Income	Bi-Weekly Income	Weekly Income
1	$20,800	$1,733	$800	$400
2	$28,000	$2,333	$1,077	$538
3	$35,200	$2,933	$1,354	$677
4	$42,400	$3,533	$1,631	$815
5	$49,600	$4,133	$1,908	$954
6	$56,800	$4,733	$2,185	$1,092
7	$64,000	$5,333	$2,462	$1,231
8	$71,200	$5,933	$2,738	$1,369
For family units with more than eight members, add for each additional member:
	$7,200	$600	$277	$138

 

 

3.   Additional Requirements for Noncustodial Parents

 

In order to qualify under the 200% of poverty eligibility standards, a noncustodial parent is required to complete a Noncustodial Parent Information Referral Form (Attachment D of 00 LCM-20), which provides additional information regarding his/her noncustodial children.  The information will be forwarded to the local child support office for the purpose of obtaining or enforcing a child support order.

 

C. Coordination with the Local Department of Social Services (LDSS)

 

Since public assistance recipients will be involved in the ER Program, it is important that proposals must be developed in consultant with the LDSS.  The LDSS will serve as a source of referrals to your program, will be able to identify appropriate individuals from the target groups that could benefit from the services and activities you offer, and provide individuals with the support services needed to facilitate participation.  Applicant organizations should contact their LDSS early in the planning process to learn what their process is for obtaining their support of your proposal, and to allow sufficient time for you to obtain the signed Local DSS Partnership Form (Attachment B3) by the submission deadline.  For example, the NYC Human Resources Administration (HRA) requires that these requests be submitted to the Commissioner/Administrator and the Grants Officer in the Finance Office three weeks prior to the date the letter is required.  At the time of the request, HRA also requires the submission of a complete or substantially complete proposal and a one-page summary of the proposal.  Attachment B8 provides a list of Employment Coordinators by county.  Agencies awarded a contract will be required to cooperate fully with the LDSS for submitting attendance information for public assistance recipients within specific timeframes, and maintaining records of excused absence.  Further, once cash assistance recipients become employed, agencies must submit proof of employment to the LDSS.

 

D.  Description of Services Sought

 

1.   Program Features

The focus of Educational Resources is on improved literacy as a first step towards the acquisition of job-related skills and employment.  The following section describes the features of the Educational Resources Program.

 

a.   Career Plan

 

For each Educational Resources participant, providers must develop a Career Plan that identifies the education, training and job skills needed for the participant’s future success.

 

At a minimum, the Career Plan should:

 

§         Be designed in conjunction with the assessment and employability plan developed by the participant and the LSSD.

§         Consider the participant’s education, work history and job preferences.

§         Contain measurable and verifiable long and short-term goals, such as educational gain, credential achievement, completion of a job readiness training, job placement/retention or job improvement.

§         Specify a timeframe for completing program components and meeting goals.

§         Include an assessment of individual aptitudes, interests and acquired job skills.

§         Include pre-test and post-test results with the corresponding National Reporting System educational functioning level as an indicator of the individual’s proficiency at intake and any educational gains made as the result of instruction.

§         Describe an individualized and contextualized course of instruction for all pre and/or post-employment components.

§         Identify work skills and skill gaps.

§         Address the barriers that have prevented the participant from successfully participating in welfare-to-work activities or obtaining/retaining a job as well as a plan for addressing these barriers.

§         Include a description of the type, method and location of instruction.

 

In addition to meeting the minimum requirements, applicant agencies proposing Workplace Literacy Programs must also address the following items:

 

§         An assessment of employer needs in terms of the additional skills and knowledge that the employer feels are necessary for the client’s promotion or advancement; and,

§         An assessment of the barriers that may prevent the participant from realizing job retention/improvement as well as a plan for addressing these barriers.

 

Once developed, the Career Plan should follow the individual as he or she moves through various education, training and employment experiences and settings.  A Career Plan becomes a part of an individual’s portfolio for employment or further education, and as such should be reviewed and updated on a regular basis to document the participant’s progress.

 

It is strongly recommended that Educational Resources providers offer post-employment components in addition to pre-employment components.  The provider’s in-depth knowledge of each client’s strengths and weaknesses (acquired while providing clients with pre-employment components) may be used to develop a post-employment plan of action that will improve the opportunity for job placement and promote job retention and wage progression.

 

OTDA will provide selected contractors with sample Career Plans.

 

b.   Educational Instruction

 

Educational instruction may include:

 

§         Adult Basic Education (ABE)

§         Adult Secondary Education (ASE)

§         Pre-GED Preparation

§         English as a Second Language Instruction

§         Job Skills Training

§         Workplace Literacy

§         Family Literacy

 

Instruction may be provided through several methods, including:

 

§         Classroom settings: instruction in the classroom.

§         One-on-one tutoring: the participant meets with a literacy tutor.

§         Distance learning: the participant engages in instruction offered through television, Internet or other means from programs such as Learn to Read, Math Basics, GRASP, and Crossroads Café.

Note: One week (seven calendar days) of active enrollment in an SED-approved Distance Learning Program counts as six instructional hours.  For FA recipients, NYS policy limits Distance Learning to 10 hours per week.  Unless approved by OTDA, the Distance Learning participation must be combined with face-to-face instructional support.

 

Wherever possible, training should be scheduled at a time that accommodates an individual’s work schedule.

 

c.   Job Skills Training

 

Job Skills Training includes instruction specific to a particular vocation and provides training in the various skills necessary to successfully perform the functions of the job.  The job skills training should result in a training certificate that will promote advancement in a specific job field.

 

Job skills training must include training courses that are listed on the New York State Workforce Eligible Training Provider List (ETPL).  This list can be found at http://www.workforcenewyork.org/ under the heading Eligible Training Providers.  Training providers should complete an on-line application provided at the same website to have their courses listed, if it is not already listed on the ETPL website. 

 

For applicants planning to provide Job Skills Training through Educational Resources, a signed approval from the Local Workforce Investment Board must be submitted (Attachment B11).  Organizations must be able to demonstrate through consultation with their LWIB that the training being offered will provide workforce skills that are in demand within the local workforce investment area, and with the proper preparation, participants will obtain and retain jobs within the local labor market.  The Local Labor Market Analysts are included in Attachment B9.

 

d.          Work Components

 

Priority will be given to organizations that focus on the needs of applicant FA recipients.  Additionally, preference will be given to organizations that agree to provide FA recipients with work experience internships or part-time employment.  Work experience entails providing unpaid work performed at a public or not for profit organization to enable participants who cannot find unsubsidized employment to improve his or her employability in accordance with New York State Social Services Law 336-c. Work experience participants must be supervised by a work site sponsor, or other responsible party, on a daily basis.  Providers are encouraged to make available work experience or paid employment opportunities that are consistent with the participant’s Career Plan/employment goals.  Organizations that propose to provide work experience may do so at their location or may coordinate work experience opportunities for an FA participant with another organization.  Organizations interested in pursuing this should contact the Employment Coordinator in their district for further details on worksite requirements and conditions.

 

e.          Connecting Participants with Available Jobs

 

Applicant organizations should develop a job placement strategy that matches the skills and abilities of participants with local labor market openings.  While the goal for all ER participants is to find high paying employment with advancement opportunities, it is understood that their career pathway is a process consisting of a series of steps.  Many ER enrollees may test at low functioning levels, and at the present time may qualify for only certain types of jobs.  Applicant organizations need to understand the local labor market and be aware of employers/industries that hire individuals with limited academic achievements.  We encourage ER applicants to engage in discussions with employers who can support this initiative.  We also suggest that organizations consider using assessment tools for entry level workers to ensure that appropriate job referrals are made.

 

E.   Milestone Structure

 

The Educational Resources milestones have been designed to promote the attainment of literacy gains, GED attainment, job skills certificates in an in-demand occupation and gainful employment for its participants with a pathway for job improvement and advanced earnings.

 

A table that describes the milestones is provided on the next page.

Milestone	Milestone Value	Definition	Policy
Career Plan Plus 60 Instructional Hours	$1,000	Completion of a Career Plan, which includes an assessment of the participant’s educational level, and participation in an Adult Basic Education (ABE), Adult Secondary Education (ASE), English as a Second Language (ESL), GED Preparation, Job Skills Training, or parenting skills instruction and activities, for at least 60 instructional hours (20 of which may include job readiness training or community work experience program).	This milestone must be achieved before other milestones can be claimed, with one exception.  The Countable Months of Participation milestone can be claimed when an FA participant has participated in a month of countable work activities without regard for the number of instructional hours completed.
Countable Months of Participation (FA Recipients Only)	$500	The milestone is earned for each month an individual’s participation counts toward the federal rate (in most cases 30 hours per week depending on FA status and local requirements as described in paragraph b. of this section)	Up to five months per individual.  Attendance must be documented in accordance to LSSD procedures and forwarded to LSSD for verification.  Once verification is obtained, the milestone may be claimed for the month achieved.
Educational Gain	$1,000	Participant advances one ABE, ASE, or ESL NRS functioning level as determined by pre and post-testing.  See Educational Functioning Levels table (Attachment B10).	Up to four Educational Gain milestones may be claimed per participant.
Credential	$1,500	Participant obtains a High School Equivalency Diploma or a Secondary School Diploma through an External Diploma Program or a Job Skills Certificate in a demand occupation.	Up to two Credential milestones may be claimed for a participant.  For example, two milestones may be claimed for the individual who achieves their GED and completes a Job Skills course in an in-demand occupation.  This milestone may also be claimed twice for the same individual if he or she completes a job skills training course at the entry level, and then attains a second certificate at a more advanced level, such as Certified Nurse’s Assistant to Licensed Practical Nurse.  In those cases where the two milestones to be claimed for the same participant are job skills training certificates, the courses must be in the same general field, with the second certificate at a higher level.

 

 

 

 

 

 

Job Entry	· $750 (for jobs with average gross earnings between $214 and $304 per week)   · $1,000 (for jobs with average gross earnings between $305 and $343 per week)   · $1,500 (for jobs with average gross earnings above $343 per week)	Participant has completed a Career Plan plus 60 hours of instruction and entered unsubsidized employment:   ·         Earning at least $214 and $304 per week over a 30-day period, or   ·         Earning at least $305 and $343 per week over a 30-day period, or   ·         Earning above $343 per week over a 30-day period	If an individual is no longer participating in Educational Resources Program activities at the time of job entry, this milestone may only be claimed if it occurs within 90 days from the date the last milestone was achieved.
90-Day Job Retention	· $750 (for jobs with average gross earnings between $214 and $304 per week)   · $1,000 (for jobs with average gross earnings between $305 and $343 per week)   · $1,500 (for jobs with average gross  earnings above $343 per week)	Participant has completed a Career Plan plus 60 hours of instruction and entered unsubsidized employment:   ·         Earning at least $214 and $304 per week over a 90-day period, or   ·         Earning at least $305 and $343 per week over a 90-day period, or   ·         Earning above $343 per week over a 90-day period	If a participant is employed at the time of enrollment, the Job Retention Milestone is measured 90 days from the date the first milestone is achieved.

 

Providers will be given 24 months from the program start date (October 1, 2008) to earn the Educational Resources milestones. 

 

The Career Plan Plus 60 Instructional Hours Milestone must be claimed before any other Educational Resources milestones may be claimed, with one exception.  The Countable Months of Participation milestone may be claimed after one month of participation in countable work activities has been completed, regardless of the number of instructional hours completed. 

 

Other milestones may be achieved before the 60 hours of instruction is completed, but these milestones may not be claimed until the Career Plan Plus 60 Instructional Hours Milestone is claimed (though other milestones may be claimed on the same voucher).

 

Participants may be enrolled at any time during the program period.

 

a.      Career Plan Plus 60 Instructional Hours Milestone

 

The Career Plan Plus 60 Instructional Hours milestone will be paid when:

 

§        An initial Career Plan has been completed,

and

§        The individual participates for at least 60 hours, 20 of which may be job readiness training and/or community work experience program.

 

The 60-hour count must start on October 1, 2008, or later, even if participants have been enrolled prior to that date.

 

Reminder: One week (seven calendar days) of active enrollment in an SED-approved Distance Learning Program counts as six instructional hours.

 

b.      Countable Months of Participation

 

The milestone is earned for each month an individual’s participation counts toward the federal rate and can only be claimed for participants who are FA recipients.  The Countable Months of Participation milestone includes the activities that count toward the TANF work participation rate.  Countable activities can be offered alone or in combination with another activity.  To fully count toward the work participation rate, the recipient must participate for a total of 30 hours a week, 20 of which must be in a core activity and 10 hours may be in a non-core activity.  If required by the LSSD, participation for additional hours (not to exceed 40 hours weekly) may be required to meet the countable hours monthly standard.  For example, the NYC Human Resources Administration requires 35 hours of participation in countable activities.  Core and non-core activities include the following: 

 

 

Core Activities (Count Towards 20 Hours of Participation)	Non-Core Activities (Count Towards Participation after Completion of 20 Hours in Core Activity)
·  Unsubsidized employment ·  Subsidized public sector employment ·  Subsidized private sector employment ·  Work experience ·  On-the-job training ·  Community service ·  Vocational education (not to exceed 12 months in an individual’s lifetime) ·  Job readiness/job search (not to exceed six weeks per fiscal year, for no more than four consecutive weeks)	·  Job skills training directly related to employment ·  Education directly related to employment ·  Satisfactory attendance in secondary school

 

Attendance sheets must be submitted to the LSSD for the month being claimed, and the provider must receive written verification that each FA participant being claimed has enough countable hours for the respective month prior to submitting a voucher claim. 

 

c.       Educational Gain

 

An educational gain is achieved when an individual advances one English as a Second Language (ESL), Adult Basic Education (ABE) or Adult Secondary Education (ASE) National Reporting System (NRS) educational functioning level from the NRS level determined at the start of the program, as evidenced by pre and post-testing.

 

Test results obtained prior to October 1, 2008 may be used as the pre-test score if the participant had been attending classes and the agency follows the SED testing schedule, or if the scores are less than three months old.

 

If the results of pre and post-testing indicate an individual has achieved more than one educational level, the organization may claim reimbursement for each level gained, up to a maximum of four levels.  All four educational gains may be claimed at one time if test levels demonstrate that the participant has increased four functioning levels.  Separate gains may be claimed for reading and math, up to a total of four gains for one individual.

 

Required Testing Instruments

 

The following tests may be used to determine educational gain:

 

§         BEST Plus

§         Test of Adult Basic Education (TABE) Battery, Form 7/8 or 9/10

§         Any other test approved by the New York State Education Department.

 

The NRS educational functioning levels and corresponding test scores are provided in Attachment B-10.

 

For students pre-testing at NRS Level VI, an educational gain may be achieved when the student receives the highest possible score on the post-test.  Similarly, for students in GED/Spanish who pre-test at NRS Level VI, passing the Spanish GED Practice Test with a score that predicts success on the actual GED test will count as one educational gain.

 

d.      Credential

 

The Credential milestone is achieved when the participant obtains either a High School Equivalency Diploma (GED), a Secondary School Diploma through an External Diploma Program, or a job skills certificate in a demand occupation approved by the LWIB.  The date the milestone is achieved is the date the test was taken and passed.

 

An Educational Gain milestone is not required before a Credential milestone may be claimed.  If an individual obtains a Credential and achieves an Educational Gain at the same time, both milestones may be claimed as long as the individual has not exceeded the Educational Gain milestone limit.  Up to two Credential milestones may be claimed, i.e., when a participant obtains their GED and completes a job skills training course in an in-demand occupation.  It is also possible to claim two Credential milestones in a job skills training program.  However, in this case, the job skills training certificates must be in a related field, with the second Credential milestone being for a higher level certification, such as Certified Nurse’s Assistant and Licensed Practical Nurse. 

 

e.      Job Entry Milestone

 

A Job Entry milestone may be claimed when the participant has obtained unsubsidized employment earning at least $214 per week (average) and has retained the job for at least 30 days.

 

The Job Entry Milestone may only be claimed after the participant has completed a Career Plan and 60 hours of instruction.

 

If an individual is no longer participating in Educational Resources activities at the time of job entry, this milestone may only be claimed within 90 days from the date the last milestone was achieved.

 

Regarding the 30-day job retention requirement, if a gap in employment occurs that is less than 45 days, the count includes all the days worked minus the gap period.  If the gap in employment is longer than 45 days, the 30-day count must start over again when employment resumes.

 

f.        90-Day Job Retention Milestone

 

The 90-Day Job Retention milestone may be claimed when the participant has maintained unsubsidized employment earning at least $214 per week (average) and has retained the job for at least 90 calendar days.

 

Note:  If a person is employed at the time of Educational Resources enrollment, the 90-Day Job Retention milestone is measured 90 calendar days from the date the Career Plan plus 60 Instructional Hours milestone is achieved.

 

Regarding the 90-day job retention requirement, if a gap in employment occurs that is less than 45 days, the count includes all the days worked minus the gap period.  If the gap in employment is longer than 45 days, the 90-day count must start over again when employment resumes.

 

F.   Documentation Requirements

 

The following table provides the documentation requirements for each Educational Resources Program milestone.

DOCUMENTATION REQUIREMENTS

 

Issue/Milestone	Documentation
Eligibility	Family Assistance Recipients: Include the Welfare Management System printout or LSSD referral form/letter in the case file. 200% of Poverty Clients: Retain the TANF Services Application/Certification Form and the TANF Services Application/Certification Review Form in the participant’s file.
Career Plan Plus 60 Instructional Hours	The Career Plan must be completed and maintained in the participant’s file.  Attendance records (class sign-in sheets, instructor rosters, computer-generated records, or case record notes where applicable) must be maintained in order to document 60 hours of participation.
Countable Hours of Participation (For FA Recipients Only)	Documents supporting/verifying participant attendance/compliance in countable activities (e.g., employment, community service, educational activities, etc.). Should be coordinated with local social services district.  Providers must forward attendance records to their local social services district, and must receive written documentation that countable hours are verified prior to submitting milestone for payment.
Educational Gain	For ESL, the test answer sheets indicating the number correct on the pre-test and post-test and the corresponding NRS levels must be documented in the participant’s case record.  For ABE and ASE, the test answer sheets indicating the number correct, scale score or grade equivalent, and corresponding NRS level must be documented in the file.
Credential	Maintain in the participant’s file: §          A copy of the High School Equivalency Diploma (GED), Secondary School Diploma or §          A copy of the GED quarterly report or §          A copy of a GED pass/fail report provided by SED upon request at 518-485-2182 for the purposes of a case record audit. §          A copy of the certificate of completion of a vocational or job skills training program awarded by the governing agency.
Job Entry	Wage stubs verifying at least 30 days of employment, employer statement must be completed and maintained in the participant file.
90-Day Job Retention	Wage stubs verifying at least 90 days of employment, or an equivalent employer statement must be completed and maintained in the participant file.

 

 

IV.       Proposal Requirements—Format and Content

 

Proposals will consist of two parts—a technical section and a budget section.  To ensure that all proposals are evaluated on the same basis, all of the following must be included.  Failure to include all required documents and information will impact the score your proposal earns in the evaluation process.  Proposals must also be organized in the sequence described below.

 

A. Technical Proposal (8 page maximum in 12-pitch font using standard one-inch margins)—Program Narrative (Attachment B-4)

 

1.   Project Summary (1 page)—Outline the overall program goals and objectives, including specific outcomes, and provide an overview of the project design.  Include a brief description of your organization and the types of programs it provides.  If your organization will partner with other agencies as a consortium, these agencies and their roles and responsibilities in the program must be described.

 

2.      Program Description—Clearly describe the proposed project design by responding to each of the following statements/questions.

 

a.       Recruitment

 

§         What target populations will be served by the Educational Resources Program?

§         What methods of outreach will be used to recruit participants, including both FA recipients and individuals eligible for ER under 200% of Poverty guidelines?

§         Describe the process of recruiting FA referrals from the Local Social Services District.

§         What entrance criteria have you established for participation in ER?

§         What process will you use to determine an individual’s appropriateness and eligibility for ER?

 

b.      Career Plan

 

§         Using the elements listed in Section III (D) (1), describe how the Career Plan will be developed and used.

 

c.       Educational Programs

 

§         What specific educational programs will be provided?

§         What levels of instruction will be offered?

§         At what intervals will students be tested to assess educational gain?

§         How many hours per week will instruction be offered, when will it be offered and what is the duration?  Open enrollment or specific cycles?

§         How will attendance be monitored?  For FA recipients, how will attendance be reported to the LSSD?

 

d.      Job Skills Training (if applicable, and for each type of training to be offered)

 

§         What types of job skills training will be provided?

§         What is the likelihood for employment and advancement opportunities for training completers?

§         What is the entrance criteria?

§         How is successful completion of training defined?  What requirements must be met?  What specific credential will be achieved?  What State/local agency governs awarding of credential?

§         How many hours per week will instruction be offered, when will it be offered and what is the duration?  Will open enrollment be available or will specific cycles be used?

§         How will attendance be monitored?

§         What requirements must be met to define successful completion?

§         What efforts will be made to help participants secure employment that offers career pathways and income gain opportunities?

 

e.       Work-Related Activities

 

§         What work-related activities (i.e. community work experience programs or job readiness training) will be used in conjunction with education?

§         How will they be scheduled to complement the educational/training activities?

 

d.      Job Placement and Retention

 

§         Who will be responsible for assisting participants gain employment?

§         What qualifications do these staff/agency possess to make them a viable job placement option?

§         What discussions have taken place with local employers to gauge their staffing needs, and to create ways for ER participants to fill these positions?

§         Once employed, who will follow up with the employee and how? How frequently?

§         What efforts will be made to help participants secure employment that offers career pathways and income gain opportunities?

 

e.       Coordination

 

§         How was the local social services district involved in the development of your proposal?

§         How will Educational Resources goals be reached through the integration with services available in the community, such as One-Stop Center(s)?

§         For FA recipients, how will countable hours of participation be monitored and coordinated with the local social services district?

§         What other agencies will be involved and what roles will they have in the ER program?

 

f.        Support Services

 

§         How will each individual be connected with the support services (child care, transportation) needed to participate?

 

g.       Organizational Experience & Past Accomplishments

 

§         What experience has your agency/organization had in operating an adult education/training program?

§         What experience has your agency/organization had in providing job placement and retention services?

§         How have you performed?

§         Who can we contact to verify the results?

 

B.  Budget Proposal (Reimbursement Schedule)

 

The contractor will earn reimbursement for program costs as participants reach milestones.  Attachment B5 provides a reimbursement schedule for applicants to complete to calculate the number of milestones they expect Educational Resources participants to reach during the program period and the maximum number of reimbursement that will be earned as a result.

 

When projecting milestone levels, it is understood that every participant who achieves the Career Plan Plus 60 Instructional Hours milestone may not achieve all of the other milestones.

 

C.  Required Documents

 

1.      Proposal Cover Page (Attachment B2) – This form must have an original signature signed by an official authorized to bind the bidder to its provisions. 

 

2.      Local Social Services Partnership Form (Attachment B3) – This form must be signed by a representative from each LSSD you plan on serving and acknowledges the DSS’ commitment to supporting the program, a willingness to work with your organization and make a sufficient number of referrals to justify the level of proposed funding.

 

3.      Proposal Narrative Form (Attachment B4) – This includes all of the items listed in Section IV A of the RFP (see page 20-22).

 

4.      Reimbursement Schedule (Attachment B5) – Providers indicate the number of individuals they expect to achieve each milestone.  Multiplying these goals by the milestone values will determine the total amount that can be earned by milestone category, and for the contract as a whole.

 

5.      Contractor/Subcontractor Background Questionnaire (Attachment B6) – This form must be completed by the Bidder and any proposed subcontractor if the value of the contract is in excess of $10,000.  The Contractor/Subcontractor Background Questionnaire requires an original signature.

 

6.      Subcontracting Utilization/Staffing/MWBE Form (Attachment B7)

Each of the applicable sections must be completed and submitted with the proposal to ensure that the agency is in full accord with the aims and effort of the State of New York to promote equal opportunity for all persons and to promote equality of economic opportunity for minority group members and women who own business enterprises, and to ensure there are no barriers, through active programs, that unreasonably impair access by Minority and Women-Owned Business Enterprises (M/WBE) to State contracting opportunities.

 

Prospective Offerors to this RFP are subject to the provisions of Article 15-A of the Executive Law and regulations issued thereunder.

 

1.   Contractors and subcontractors shall undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, gender, age, disability or marital status.  For these purposes, affirmative action shall apply in the areas of recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation.

 

2.   Prior to the award of a State contract, the Contractor shall submit an Equal Employment Opportunity (EEO) Policy Statement to the contracting agency within the time frame established by that agency.

 

3.   The Contractor’s EEO Policy Statement shall contain, but not necessarily be limited to, and the Contractor, as a precondition to entering into a valid and binding State contract, shall, during the performance of State contract, agree to the following:

 

      (a)   The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, gender, age, disability or marital status, will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on State contract.

 

      (b)   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, gender, age, disability or marital status.

 

      (c)   At the request of the contracting agency, the Contractor shall request each employment, labor union, or authorized representative of worker 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, gender, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor’s obligations herein.

 

4.   Except for construction contracts, prior to an award of a State contract, the Contractor shall submit to the contracting agency a staffing plan of the anticipated work force to be utilized on the State contract or, where required, information on the Contractor’s total work force, including apprentices, broken down by specified ethnic background, gender, and Federal Occupational Categories or other appropriate categories specified by the contracting agency.  The form of the staffing plan shall be supplied by the contracting agency.

 

5.   After an award of a state contract, the Contractor shall submit to the contracting agency a work force utilization report, in a form and manner required by the agency, of the work force actually utilized on the State contract, broken down by specified ethnic background, gender, and Federal Occupational Categories or other appropriate categories specified by the contracting agency.

 

It is the Agency policy to require Offerors to submit, as part of their proposal, a staffing plan using the form for that purpose found in Attachment B7, attached hereto.  In addition, Offerors are also required to submit, within their proposals, a section describing how the offeror proposes to identify and utilize M/WBEs with which it may subcontract or from which it may obtain supplies (and or equipment, commodities, etc.) for this offering as well as the dollar amount, if known, of any such subcontract or purchase. 

 

Offerors are also required to complete both the Subcontracting Utilization Form found in Attachment B7, for themselves and the Offerors Identification Form, which can be found in Attachment B7, for themselves and any subcontractors or vendors they plan to use.

 

The items contained in this paragraph are considered to be requirements of all Offerors and may be evaluated by the respective evaluation review committees.  For purposes of this procurement, the goals for subcontracting/purchasing with Minority-Owned businesses are 5% and Women-Owned businesses are 5.5%.

 

The Agency goal for employment of protected class individual is 7%-10% of the total dollars expended from any contract for personnel of consultants. 

 

The definitions of Minority and Women-Owned Business Enterprises also can be found in Attachment B7.  The directory of certified business, prepared by the Governor’s Office of Minority and Women’s Business Development, for use by contractors in complying with the provisions of Executive law, Article 15-A and the regulations required pursuant to said law, will be provided for inspection at the Bureau of Equal Opportunity Development.

 

In order to assist prospective Offerors in their attempts to demonstrate effective affirmative action efforts, the Agency’s suggests Offerors consider any or all of the following steps while developing their responses to this RFP:

 

1)  Contact all known M/WBEs that may appropriately serve as a subcontractor(s) or a vendor(s) under the contract.

 

2)  Keep a “contact” list of M/WBEs contacted for this particular RFP along with the name of your contact and the result of the contact(s).

 

3)  Use the M/WBEs contacted as a possible resource for additional contacts.

 

In the event your firm did not obtain the desired results from steps 1-3 above, the Agency suggests that prospective Offerors consider these additional steps (and keep a contact record of the same):

 

4)  Contact area Minority Business Associations, contractors Associations, Purchase Councils or Purchase Councils or Professional Organizations serving the area in which the contract will be performed.

 

5)  Contact the Empire State Development Corporation at (212) 803-3100 or Web Site www.empire.state.ny.us for assistance.

 

6)  Contact the New York State Office of Temporary and Disability Assistance, Bureau of Equal Opportunity Development at (518) 473-8555 in Albany or at (212) 961-8216 in New York City for assistance.

 

7)  Contact area community-based organizations that serve the minority community and local elected, appointed religious or other acknowledged leaders who also may serve as resources.

 

The above-noted provisions are set forth to aid prospective Offeror’s who may require assistance in their attempt to comply with Office of Temporary and Disability Assistance, EEO initiatives.  However, prospective Offerors are at liberty to propose a course of action of their own that is reasonable and accomplishes the aim of the aforementioned provisions.

 

           Each of the applicable sections must be completed and submitted with the proposal.

 

V.  Selection Process and Evaluation Criteria

 

A.     Evaluation of Proposals

 

OTDA’s Center for Employment and Economic Supports will establish Review Committees to evaluate the technical and budget sections of the proposals.

 

B.     Evaluation Process

 

      The evaluation process will abide by the following rules:

 

A.     All bidders that are determined not to be responsive or responsible will be disqualified after completing a review.

 

B.     Proposals that fail to meet the requirements may be disqualified after completing a full review.

 

C.     Evaluation Criteria

 

§         Completeness (5 points): The proposal is complete and consistent with RFP requirements.  All required documents and signatures are included.

 

§         Priority Features (30 points): Points will be awarded to applicant organizations who:

 

Ø      Will serve an area of the State with a high concentration of TANF-eligibles (5 points).

Ø      Propose to offer English Language Instruction as part of their instructional offerings (5 points).

Ø      Has developed the proposal in conjunction with an employer with employees in need of literacy services and who certify that the curriculum will be contextualized to include the language necessary for workers to understand workplace safety issues (5 points). 

Ø      Propose to serve exclusively Family Assistance recipients who pre-test at or below an 8.9 reading and/or math level on the TABE Battery test for participants who need Adult Basic Education or at or below an NRS Functional Level V on the BEST Plus test for participants who need English Language Instruction (5 points)

Ø      Agree to become a work experience site (or expand an existing capacity), either at their location or in coordination with another entity (5 points).

Ø      Represent a consortium of agencies and will serve as the lead agency for the Educational Resources project.  In that role the organization will assume responsibility for overall project management and will operate in conjunction with at least one other eligible agency as listed above (5 points). 

 

§         Recruitment Strategies (10 points): The proposal describes how individuals in need of education and training will be connected with program services.  The proposal outlines the process that has been developed with the local district for the identification and referral of FA recipients. The proposal also clearly demonstrates there is a strong need for educational services in their geographic area, and explains why existing services are unavailable or inadequate to meet current needs.

 

§         Project Strategy, Design and Instructional Methodology (25 points) The proposal has addressed the questions listed in Section IV.2.

 

§         Organizational Experience and Past Accomplishments (10 points): The applicant provides evidence to demonstrate their experience and capability and relevant experience in developing and operating literacy and job placement/retention programs for low-income individuals, and provides evidence in enabling participants to reach education, training and employment goals.   For providers who are current or previous Educational Resource and EDGE contractors, each organization’s performance based on expenditure data will also be used to assess past accomplishments.

 

§         Budget (20 points): Proposals will be rated based on the proposed number of individuals, per Attachment B5, who will reach the following milestones divided by the total funds requested.  The following formulas will be used to assign cost points.

 

·        Educational Gain and/or Credential (EG+C) = 10 points

…    (Low EG+C Bid ÷ EG+C Bid Being Evaluated) x 10 points = Points Earned

 

·        Job Entry(JE)+Retention (JR) = 10 points

…    (Low JE+JR Bid ÷ JE+JR Bid Being Evaluated) x 10 points = Points Earned

 

To illustrate how points would be earned, the following example is provided.  Proposal # 1 requests $100,000 and expects that 100 individuals will meet the EG+C milestone (average cost = $1,000).  Proposal # 2 asks for $150,000 and expects that 75 individuals will meet this milestone (average cost = $2,000).  Proposal # 3 asks for $125,000 and expects that 50 individuals will meet the milestone (average cost = $2,500).

 

The score would be determined as follows:

 

Sample Calculations
Proposal	Average Cost Per Educational Gain+ Credential	Formula	Score out of 10 Points
#1	$1,000	$1,000/$1,000 x 10	10
#2	$2,000	$1,000/$2,000 x 10	5
#3	$2,500	$1,000/$2,500 x 10	4

 

The remaining points are earned based on the average cost per JE+JR.  Proposal # 1 expects that a total of 20 individuals will meet the Job Entry/Job Retention goal (average cost = $5,000).  Proposal # 2 projects that 30 individuals will meet the Job Entry/Job Retention goal (average cost = $5,000) and proposal # 3 expects that 20 individuals will meet the Job Entry/Job Retention goal (average cost = $6,250).

 

JE+JR points would be earned as follows:

 

Sample Calculations
Proposal	Average Cost Per JE+JR	Formula	Score out of 10 Points
#1	$5,000	$5,000/$5,000 x 10	10
#2	$5,000	$5,000/$5,000 x 10	10
#3	$6,250	$5,000/$6,250 x 10	8

 

The EG+C and JE+JR points would then be added to arrive at a total cost score, with proposal # 1 receiving the highest score.

 

Total Cost Score
Proposal	Scores	Total Score
#1	10 + 10	20
#2	5 + 10	15
#3	4 + 8	12

 

D.    Method of Selection

 

The method of selection will be based on a point system.  Awards will be based on the highest total points, but in order to best maximize funding, OTDA reserves the right to consider lower ranked proposals in the cases where multiple proposals are received for one county.

 

E.     Terms and Conditions Governing this RFP

 

1)   The award will be made to the applicants whose proposal is determined to best meet the criteria for proposal evaluation and selection set forth in this RFP.

 

2)   Any contract awarded pursuant to this RFP will be subject to the Office’s processing procedures for contracts of this type, including approval as to form by the State’s Attorney General, and as to award by the NYS Division of the Budget and by the NYS Office of the State Comptroller.

 

3)   This RFP does not commit OTDA to award any contracts, to pay the costs incurred in the preparation of a response to this RFP, or to procure or contract for services.

 

4)   OTDA reserves the right to amend, modify or withdraw this RFP and to reject any proposals submitted, and may exercise such right at any time and without notice and without liability to any applicant or other parties for their expenses incurred in the preparation of a proposal.

 

5)   This RFP and any contract resulting from this RFP is subject to all applicable laws, rules and regulations promulgated by any federal, State and municipal authority having justification over the subject matter thereof, including EO-127 requirements for all for-profit contractors.

 

6)   OTDA reserves the right to award contract(s) to as many or as few applicants as it may select, and reject any or all proposals which do not completely conform to the instructions given in the RFP.

 

7)   The proposal of the successful applicant(s) will serve as the basis for the contract, the terms of which will be modified within the context of this RFP.

 

   All plans and working documents prepared by the applicant under the contract to be awarded will become the property of the State of New York.

 

9)   Submission of a proposal will be deemed to be the consent of the applicant to any inquiry made by OTDA of third parties with regard to applicant’s experience or other matters relevant to the proposal.

 

10) OTDA reserves the right to request and consider additional information from any applicant beyond that presented in the initial proposal.  The award of the contract, if any, may be made in reliance on additional information requested.  Such information may include budget justification, program information, operation details, personnel information, or other funding source information.

 

11) All products, deliverable items, and working papers resulting from this contract will be the sole property of OTDA and the applicant is prohibited from releasing these documents to any persons other than the Commissioner of the Office of Temporary and Disability Assistance or his designee unless authorized by the Office to do so.

 

12) The proposal shall be signed by an official authorized to bind the applicant and shall contain a statement to the effect that the proposal is a firm offer for a 180-day period.  The proposal shall also provide the name, title, address, telephone number, and area code of individuals with authority to negotiate and contractually bind the corporation or municipality and who may be contacted during the period of proposal evaluation.

 

VI. General Information for Successful Bidders

 

A.       Contracting Terms/State Payment

 

If you are awarded a contract, you will be required to submit certain forms and comply with the following information.

 

 

1.   Cost of Proposal Preparation

 

The Office of Temporary and Disability Assistance (OTDA) will not be liable for any costs of work performed in the preparation and production of a proposal, or for any work performed prior to the formal execution of a contract.  By submitting a proposal, the bidder agrees not to make any claims for, or have any right to, damages because of any misunderstanding or misrepresentation of the specifications, or because of any misinformation or lack of information.  The proposals shall become the property of the State of New York.

 

2.   Assurances

 

The bidder warrants that it has carefully reviewed the needs of the State as described in the RFP, its attachments and other communications related to the RFP and that it has familiarized itself with the specifications and requirements of the RFP and warrants that it can provide such services as represented in bidder’s proposal.  The bidder agrees that it will perform all of its obligations in the resultant contract in accordance with all applicable federal, State, and local laws, regulations and policies now or hereafter in effect. 

 

The bidder affirms that the terms of the RFP and the attachments do not violate any contracts or agreements to which it is a party, and that its other contractual obligations will not adversely influence its capabilities to perform under the contract.

 

3.   Electronic Files or Data

 

If electronic files are to be exchanged as a part of this proposal or as a product of the contract, they must conform to agency policy and guidelines.

 

4.   Conflict of Interest

 

Bidders may be requested to provide evidence that the award of the contract from this RFP will not result in a conflict of interest with regard either to other work performed by the contractor, or to potential conflict of interest among specific contractor staff or subcontractors. 

 

5.  Ownership of Materials

 

All materials developed with funding provided by the State and all proposals, work plans and budget become the property of New York State.  All materials produced, either in whole or in part, through funding provided by New York State shall belong exclusively to OTDA and to the State of New York.  OTDA may use any of the materials developed with project funds for any OTDA or other State purpose.

 

                             6.  Equal Employment Opportunity

 

                             By submission of its bid, the successful bidder warrants that it is an Equal Opportunity Employer and that it does not discriminate in its employment and business practices on any of the bases provided in the New York State Human Rights law or any applicable federal laws. 

 

                        7.  Prompt Payment Provisions

 

The payment of interest on certain payments due and owed by the State may be made in accordance with the criteria established in Article XI-A of the State Finance Law.

                            

                             8.  Contract Award

 

                             Upon receipt of necessary State approvals an award letter will be issued by OTDA to the successful bidder advising them of a contract award.  A contract defining all deliverables and the responsibilities of the contractor and OTDA will then be developed for signature by both parties and for approval and processing in accordance with State policy and practice.

 

                             NOTE:  The contract does not become legally binding upon the State of New York until it is executed by the Office of the New York State Comptroller.

 

                             9.  Publicity

 

                             Publicity includes, but is not limited to, news conferences, news releases, advertising, brochures, reports, discussions and/or presentations at conferences or meetings.  The inclusion of our materials, our agency name, or other such reference to New York State and/or OTDA in any document or forum is considered publicity.  News releases or any other public announcements regarding this project may not be released without prior approval from OTDA.

 

                      10.  Freedom of Information Law and Bidder’s Proposals

 

                             The purpose of New York State’s Freedom of Information Law (FOIL), which is contained in Public Officers Law Sections 84-90, is to promote the public’s right to know the process of governmental decision making and to grant maximum public access to governmental records.  Thus, a member of the public may submit a FOIL request for contracts awarded by the State or for the proposals submitted to the State in response to Requests for Proposals.  After formal contract award, the proposal of the successful bidder and the proposals of non-successful bidders are subject to disclosure under FOIL.  However, pursuant to Section 87(2)(d) of FOIL, a State agency may deny access to those portions of proposals or portions of a successful bidder’s contract which “are trade secrets or submitted to an agency by a commercial enterprise or derived from information obtained from a commercial enterprise and which if disclosed would cause substantial injury to the competitive position of the subject enterprise.”  Please note that information which you may claim as proprietary, copyrighted or rights reserved is not necessarily protected from disclosure under FOIL.

 

If there is information in your proposal which you claim meets the definition set forth in Section 87(2)(d), you must so inform us in a letter accompanying your proposal. 

 

11.  Americans with Disabilities Act (ADA)

 

The successful bidder shall comply with all applicable requirements of the Americans with Disabilities Act (ADA), codified at Title 42 of the United States Code, section 12101 et seq. and associated regulations, including, but not limited to, those located in 28 C.F.R. Part 36.  The successful bidder shall comply with all applicable requirements of the New York State Human Rights Law, codified in the Executive Law sections 290 ‑ 301 and applicable regulations implemented pursuant to that law.  The successful bidder shall warrant to OTDA that the successful bidder is in compliance with both the ADA and its regulations and the New York State Human Rights Law and its regulations.

 

Any products developed as a result of this RFP must be in a format that can be converted for use by individuals with disabilities to meet the reasonable accommodation standards established by the American with Disabilities Act.

 

                      12. Compliance with New York State Policy and Law

 

All work conducted under this contract must be in compliance with OTDA’s policies and procedures set forth in Appendix A, Standard Clauses for NYS Contracts (Attachment A1).  In addition, the successful bidder must agree to the terms specified in the document entitled “Office of Temporary and Disability Assistance – Appendix A1,” (Attachment A2).

 

13.    Responsibility Determination

 

Article 11 of the New York State Finance Law requires that competitive bids be awarded to responsive and responsible bidders.  In order to fulfill this requirement, you must complete the “Contractor/Subcontractor Background Questionnaire” (Attachment B5).  By signing the bid proposal, you hereby authorize OTDA to review any records in its possession concerning your organization including, but not limited to, wage records, unemployment insurance records, public works records, labor standards and safety and health records.  Based on the responses you provide, OTDA will determine whether your organization is a responsible bidder.  If you are disqualified based on a determination of non-responsibility, you will be notified in writing and may appeal the determination in writing within 10 days to the Commissioner. If you fail to identify a violation and OTDA discovers the failure to disclose such violation, your contract may be terminated immediately upon written notice.

 

14.    Contract Modification

 

The contract budget can be modified, upon mutual agreement of the parties, during any term by written amendment.

 

15.    Contract Cancellation

 

OTDA reserves the right to cancel the contract or any part thereof, at any time, upon thirty (30) days written notice.  If, in the judgment of OTDA, the Contractor fails to perform the work in accordance with the contract, OTDA may terminate the contract immediately by written notice for cause.  OTDA may elect to suspend contract performance or provide a cure period prior to termination.

 

 

VII. RFP Attachments and Required Documents

 

The following table lists each attachment to this RFP and indicates which documents must be submitted with the proposal.

 

ATTACHMENTS
Attachment	Document Title	Original Signature Required (√)	Required to be Submitted with Proposal (√)
A1	Appendix A: Standard Clauses for all NYS Contracts
A2	Appendix A1: OTDA Standard Contract Clauses
A3	Appendix C: Payment Schedule
A4	Appendix D: Contractor Information
A5	Appendix X: Contract Modification
A6	Appendix Z: Equal Employment Provisions
A7	New York State Agreement
B1	Notice of Intent to Bid		Submit by date requested in RFP
B2	Proposal Cover Page	√	√
B3	Local Social Services Partnership Form	√	√
B4	Proposal Narrative Form		√
B5	Reimbursement Schedule		√
B6	Contractor/Subcontractor Background Questionnaire	√	√
B7	Subcontracting Utilization/Staffing/MWBE Form	√	√
B8	LSSD Employment Coordinators
B9	NYS DOL Labor Market Analysts
B10	NRS Levels and Corresponding Test Scores
B11	Local Workforce Investment Board Approval Form (if applicable)	√	√

 

Attachments A1-A7

 

 

 

 

 

1.   Appendix A – Standard Clauses for all NYS Contracts (Attachment A1)

2.      Appendix A1 – OTDA Standard Contract Clauses (Attachment A2)

3.      Appendix C – Payment Schedule (Attachment A3)

4.      Appendix D – Contractor Information (Attachment A4)

5.      Appendix X – Contract Modification (Attachment A5)

6.      Appendix Z – Equal Employment Provisions (Attachment A6)

7.      New York State Agreement (Attachment A7)

 

 

Attachment A1

 

 

 

 

 

 

 

APPENDIX A

 

STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PLEASE RETAIN THIS DOCUMENT

FOR FUTURE REFERENCE.

TABLE OF CONTENTS

 

 

 

 

1.         Executory Clause                                                                              

2.         Non-Assignment Clause                                                                   

3.         Comptroller’s Approval                                                                    

4.         Workers’ Compensation Benefits                                                   

5.         Non-Discrimination Requirements                                                  

6.         Wage and Hours Provisions                                                             

7.         Non-Collusive Bidding Certification                                                

8.         International Boycott Prohibition                                                     

9.         Set-Off Rights                                                                                   

10.       Records                                                                                             

11.       Identifying Information and Privacy Notification                            

12.       Equal Employment Opportunities For Minorities and Women      

13.       Conflicting Terms                                                                             

14.       Governing Law                                                                                  

15.       Late Payment                                                                                    

16.       No Arbitration                                                                                   

17.       Service of Process                                                                            

18.       Prohibition on Purchase of Tropical Hardwoods                             

19.       MacBride Fair Employment Principles                                           

20.       Omnibus Procurement Act of 1992                                                  

21.       Reciprocity and Sanctions Provisions                                              

22.       Purchases of Apparel

 

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 — 7^th 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.

 

 

THIS PAGE IS INTENTIONALLY LEFT BLANK

 

                                                                        Attachment A2

NYS OFFICE OF TEMPORARY & DISABILITY ASSISTANCE

APPENDIX A1

 

 

 

1.             PERSONNEL

 

     a.        The Contractor agrees to be solely responsible for the recruitment, hiring, provision of employment benefits, payment of salaries and management of its project personnel, which shall be as shown in the APPENDICES.   These functions shall be carried out in accordance with the provisions of this AGREEMENT, and all applicable Federal and State Laws and Regulations.

 

     b.        It is the policy of Office of Temporary & Disability Assistance (OTDA) to encourage the employment of qualified applicants/recipients of public assistance by both public organizations and private enterprises that are under contractual agreement to OTDA for the provision of goods and services.   Contractors will be expected to make best efforts in this area.   OTDA may require the Contractor to demonstrate how the Contractor has complied or will comply with the aforesaid policy.

 

     c.        The Contractor agrees to identify, in writing, the person(s) who will be responsible for directing the work to be done under this AGREEMENT.   No change or substitution of such responsible person(s) will be made without prior approval in writing from OTDA, to the degree that such change is within the reasonable control of the Contractor.

 

2.             OFFICE SERVICES

 

     a.        The Contractor shall be responsible for the provision of necessary equipment and services for Contractor’s staff, pursuant to and described in the narratives and budgets contained in the APPENDICES.

 

     b.        Title to real property and non-expendable personal property whose requisition cost is borne in whole or in part by monies provided under this AGREEMENT shall be determined between the Contractor and OTDA, in Federally funded contracts, pursuant to Federal regulations 45 CFR Part 74, Subpart O, unless such authority is otherwise inappropriate.   Title to all equipment, supplies and material purchased with funds under this AGREEMENT under contracts which are not federally funded shall be in the State of New York and the property shall not be transferred, conveyed, or disposed of without written approval of OTDA. Upon expiration or termination of this AGREEMENT, all property purchased with funds under this AGREEMENT shall be returned to OTDA, unless OTDA has given direction for or approval of an alternative means of disposition in writing.

 

     c.        Upon written direction by OTDA the contractor shall maintain an inventory of those properties which are subject to the provisions of paragraph b.

 

3.             GENERAL TERMS AND CONDITIONS

 

     a.        The Contractor agrees to comply in all respects with the provisions of this AGREEMENT and the attachments hereto.   The Contractor specifically agrees to perform services according to the objectives, tasks, work plan and staffing plan contained in the APPENDICES.   Any modifications to the tasks or work plan contained in Appendix D must be mutually agreed to by both parties in writing before the additional or modified tasks or work plan shall commence.

 

     b.        If any specific event or conjunction of circumstances threatens the successful completion of this project, in whole or in part, (including where relevant, timely completion of milestones) the Contractor agrees to submit to OTDA within three days of occurrence (or perception) of such problem, a written description thereof together with a recommended solution thereto.

 

     c.        In providing these services, the Contractor hereby agrees to be responsible for designing and operating these services, and otherwise performing, so as to maximize Federal financial participation to OTDA under the Federal Social Security Act.

 

     d.        OTDA will designate a Contract Manager who shall have authority relating to the technical services and operational functions of this AGREEMENT and activities completed or contemplated there under. The Contract Manager and those individuals designated by him/her in writing shall have the prerogative to make announced or unannounced on-site visits to the project.   Project reports and issues of interpretation or direction relating to this AGREEMENT shall be directed to the Contract Manager.

 

   e.          Except where OTDA otherwise authorizes or directs in writing, the Contractor agrees not to enter into any subcontracts for the performance of the obligations contained herein until it has received the prior written approval of OTDA, which shall have the right to review and approve each and every subcontract prior to giving written approval to the Contractor to enter into the subcontract.   All agreements between the Contractor and subcontractors shall be by bona fide written contract.   All such subcontracts shall contain provisions for specifying (1) that the work performed by the subcontractor must be in accordance with the terms of this AGREEMENT, (2) that nothing contained in the subcontract shall impair the rights of OTDA under this AGREEMENT, and (3) that nothing contained in the subcontract, nor under this AGREEMENT, shall be deemed to create any contractual relationship between the subcontractor and OTDA. The Contractor specifically agrees that the Contractor shall be fully responsible to OTDA for the acts and omissions of subcontractors and of persons either directly or indirectly employed by them, as it is for the acts and omissions of persons directly employed by the Contractor.

 

     f.         If the Contractor intends to use materials, equipment or personnel paid for under this contract in a revenue generating activity, the Contractor shall report such intentions to OTDA forthwith and shall be subject to the direction of OTDA as to the disposition of such revenue.

 

     g.        An initial advance, if determined to be payable to the contractor, shall be payable thirty days from the start date of services within the contract period or thirty days from the submission of a properly executed State of New York Standard Voucher in a form acceptable to OTDA and to the Comptroller of the State of New York, whichever is later.

 

     h.        Any interest accrued on funds paid to the Contractor by OTDA shall be deemed to be the property of OTDA and shall either be credited to OTDA at the closeout of this Agreement or expended on additional services provided for under this Agreement.

 

4.             REPORTS AND DELIVERABLES

 

a.            The Contractor shall prepare and submit all reports, documents and projects required, and especially those reports, documents and products contained in the APPENDICES, to OTDA’s Contract Manager for review and approval.   These reports shall be in such substance, form and frequency as required by OTDA in order to meet State and Federal requirements.

 

b.           Should the Contractor fail to submit, to the extent required by the Office, any reports or documents as required in the above paragraph (a), the Office reserves the right to suspend any payments due until such time as the reports or documents are submitted by the Contractor to the Office.

 

c.             If the Contractor expends $500,000 or more in Federal funds during any one fiscal year, the Contractor will be subject to the Audit Requirements and provisions of OMB Circulars: A-110; A-122, A-133; and, all other audit requirements determined applicable by the OTDA. The audit shall be completed on an annual basis and the audit report submitted within the earlier of 30 days after receipt of the auditor’s report(s), or nine months after the end of the audit period, unless a longer period is agreed to in advance by the OTDA. The audit shall be conducted in accordance with generally accepted government auditing standards by an independent auditor and submitted in a form determined by the OTDA. The OTDA will report it’s finding and any recommendations to the Contractor  and may impose any sanctions as determined appropriate. The cost of audits made in accordance with these provisions are allowable charges to the Contract, charges may be considered a direct cost or an allocated indirect cost, as determined in accordance with the provisions of applicable OMB cost principles circulars.

 

 

5.             CONFIDENTIALITY AND PROTECTION OF HUMAN SUBJECTS

 

a.           The Contractor agrees to safeguard the confidentiality of information relating to individuals who may receive services in the course of this project.   The Contractor shall maintain the confidentiality of all such information with regard to services authorized by the Social Services Law in conformity with the provisions of applicable State and Federal laws and regulations (e.g. Sections 136 and 372 of the Social Services Law, 18NYCRR 357).   Recipients of services other than those which are authorized by Social Services Law shall have their confidentiality protected as directed by OTDA.   Any breach of confidentiality by the Contractor, its agents or representatives shall be cause for immediate termination of this AGREEMENT.

 

b.        The 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).  In the event of an information security breach, the Contractor must immediately notify the Office’s Information Security Officer, and adhere to State and Office procedures regarding information security incident reporting and management.  The 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.

 

6.             PUBLICATIONS AND COPYRIGHTS

 

     a.        The results of any activity supported under this AGREEMENT may not be published without prior written approval of OTDA, which results (1) shall acknowledge the support of OTDA and the State of New York and (2) shall state that the opinions, results, findings and/or interpretations of data contained therein are the responsibility of the Contractor and do not necessarily represent the opinions, interpretation or policy of OTDA or the State of New York.

 

     b.        OTDA and the State of New York expressly reserve the right to a royalty-free, non-exclusive and irrevocable license to reproduce, publish, distribute or otherwise use, in perpetuity, any and all copyrighted or copyrightable material resulting from this AGREEMENT or activity supported by this AGREEMENT. All publications by the Contractor covered by this AGREEMENT shall expressly acknowledge OTDA’s right to such license.

 

     c.        All of the license rights so reserved to OTDA and the State of New York under this paragraph are equally reserved to the United States Department of Health and Human Services and subject to the provisions on copyrights contained in 45 CFR Part 74, Subpart O.

 

7.             PATENTS AND INVENTIONS

 

The Contractor agrees that any and all inventions, conceived or first actually reduced to practice in the course of, or under this AGREEMENT, or with monies supplied pursuant to this AGREEMENT, shall be promptly and fully reported to OTDA. Determination as to ownership and/or disposition of rights to such inventions,  including whether a patent application shall be filed, and if so, the manner of obtaining,  administering and disposing of rights under any patent application or patent which may be issued,  shall be made pursuant to 45 CFR Part 74.36 and any amendments thereto.

 

8.             TERMINATION

 

     a.        This AGREEMENT may be terminated by OTDA, if OTDA deems that termination would be in the best interest of the State, provided that OTDA shall give written notice to the Contractor not less than thirty (30) days prior to the date upon which termination shall become effective. Such notice is to be made via registered or certified mail return receipt requested or hand delivered with receipt granted by the Contractor.   The date of such notice shall be deemed to be the date the notice is received by the Contractor established by the receipt returned, if delivered by registered or certified mail, or by the receipt granted by the Contractor, if the notice is delivered by hand. OTDA agrees to pay the Contractor for reasonable and appropriate expenses incurred in good faith.

 

     b.        If the Contractor fails to use any real property or equipment purchased pursuant to this AGREEMENT for the purposes set forth in this AGREEMENT, or if at any time during the term of this AGREEMENT the Contractor ceases to provide the services specified in the AGREEMENT for which the equipment was purchased, OTDA may terminate this AGREEMENT upon thirty (30) days written notice to the Contractor, where the Contractor has failed to cure as set forth hereafter.   Said notice of breach shall be sent via registered or certified mail return receipt requested, or shall be delivered by hand, receiving Contractor’s receipt therefore. Said notice shall specify the Contractor’s breach and shall demand that such breach be cured. Upon failure of the Contractor to comply with such demand within thirty (30) days,  or such longer period as may be specified therein, OTDA may, upon written notice similarly served,  immediately terminate this AGREEMENT, termination to be effective upon the date of receipt of such notice established by the receipt returned to OTDA. Upon such termination, OTDA may require a) the repayment to OTDA of any monies previously paid to the Contractor, or b) return of any real property or equipment purchased under the terms of this AGREEMENT or an appropriate combination of  a) and  b),  at OTDA’s option.

 

     c.        To the extent permitted by law, this AGREEMENT shall be deemed in the sole discretion of OTDA terminated immediately upon the filing of a petition in bankruptcy or insolvency, by or against the Contractor.   Such termination shall be immediate and complete, without termination costs or further obligation by OTDA to the Contractor.

 

     d.        Should OTDA determine that Federal or State funds are unavailable; OTDA shall deem this contract terminated immediately.   OTDA agrees to give notice to the Contractor as soon as it becomes aware that funds are unavailable, in the event of termination under this paragraph.   If the initial notice is oral notification, OTDA shall follow this up immediately with written notice. OTDA will be obligated to pay the Contractor only for the expenditures made and obligations incurred by the Contractor until such time as notice of termination is received either orally or in writing by the Contractor from OTDA. If State or federal funds become unavailable prior to completion of a performance-based contract, the contractor is entitled to receive reimbursement in an amount equal to the amount the contractor would otherwise have received for the payment points that have been completed at the time that the funds become unavailable.

 

9.             ADDITIONAL ASSURANCES

 

     a.        The Contractor agrees to observe all applicable Federal Regulations, including those contained in 45 CFR Part 84 and 28 CFR Part 41.

 

     b.        OTDA and Contractor agree that Contractor is an independent Contractor, and not an employee of OTDA.   Contractor agrees to indemnify the State of New York for any loss the State of New York may suffer when such losses result from claims of any person or organization (excepting only OTDA) injured by the negligent acts or omission of Contractor,  its officers  and/or employees or subcontractors.   Furthermore,  Contractor agrees to indemnify,  defend, and save harmless the State of New York,  and its officers,  agents, and employees from any and all claims and losses occurring or resulting to any and all contractors, subcontractors,  and any other person,  firm, or corporation furnishing or supplying work, services,  materials,  or supplies in connection with the performance of the contract,  and from all claims and losses occurring or resulting to any person,  firm,  corporation who may be injured or damaged by Contractor in the performance of  the contract,  and against any liability,  including costs and expenses,  for violation of proprietary rights,  copyrights,  or rights of privacy,  arising out of the publication,  translation,  reproduction,  delivery,  performance,  or use,  or disposition of any data furnished under the contract or based on any libelous or other unlawful matter contained in such data or written materials in any form produced pursuant to this contract.

 

     c.        The Contractor agrees to comply with all applicable Federal, State and local Civil Rights and Human Rights Laws with reference to equal employment opportunities and the provision of services.

 

d.           The Contractor agrees that Modifications and/or Budget Revisions which do not effect any change in the amount of consideration to be paid, or change the term, will be in accordance with Appendix C.

 

e.            Upon request by a local social services district or its designated purchasing agent, the contractor shall enter into an agreement with such district or agent for the purchase of the goods and services which are the subject of this agreement.  Such new agreement shall provide that the cost of such goods and services to the district / agent entering into such agreement shall be the same as charged to OTDA under this agreement except that the contractor shall be permitted to negotiate an increase in price to the extent it can show an increase in the cost of providing goods and services which can be attributed to the act that the municipality constituting the social services district requires contractor to be obligated to standard contractual provisions in lieu of Appendix  A of this agreement, which standard contractual provisions are more onerous than those contained in Appendix  A.

 

f.      The contractor understands that it must comply with federal Executive Order 11246, the Copeland “Anti-Kickback Act” (18 USC 874), Section 306 of the federal Clean Air Act, Section 306 of the federal Clean Water Act, and that it must certify that neither it nor its principals are debarred or suspended from federal financial assistance programs and activities and to complete and return in pursuit of such certification any appropriate form required by OTDA (see federal Executive Order 12549 and 7 CFR Part 3017).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachment A3

APPENDIX C

 

PAYMENT AND REPORTING SCHEDULE for PERFORMANCE BASED CONTRACTS

 

 

General Schedule and Payment

 

1. In consideration of the services to be performed by the Contractor pursuant to this AGREEMENT, the Office of Temporary and Disability Assistance (OTDA) agrees to pay and the Contractor agrees to accept a sum not to exceed the amount set forth in the Payment Schedule contained in Appendix C, for the period of time and for the milestones indicated therein. Payment under this AGREEMENT is conditional upon the continued availability of State and Federal funds for this purpose and upon approval by the New York State Division of the Budget and OTDA.  Should funds become unavailable or the Division of Budget fails to approve sufficient funds to complete this project according to the amount agreed upon in this AGREEMENT, the Contractor shall be relieved of any obligation to continue this project beyond the period for which funds shall have actually been allocated. 

 

2. To the extent permitted by Federal law and regulation, OTDA may, at its own discretion, make an advance payment to the Contractor, up to twenty-five percent (25%) of the contract amount for the initial contract period. Said advance may be eligible for payment only upon approval of the AGREEMENT by the Attorney General and by the Comptroller of the State of New York and upon the submission to OTDA by the Contractor of a properly executed State of New York Standard Voucher in a form acceptable to OTDA and to the Comptroller of the State of New York.  Each advance shall be recovered by crediting a predetermined percentage of the advance against vouchers.  If the amount of a voucher is not sufficient to cover the proportionate advance amount to be recovered, then subsequent vouchers will be reduced until the advance is fully recovered.  In the event either party terminates the contract prior to its expiration, the Contractor agrees to refund to OTDA immediately any advance balance then outstanding.

 

3. OTDA agrees to pay the Contractor for milestones achieved in behalf of fulfilling this AGREEMENT according to the Payment Schedule contained in this Appendix C and upon submission of a properly executed State of New York Standard Voucher in a form acceptable to OTDA and to the Comptroller of New York.  These vouchers shall be submitted at least quarterly.  OTDA agrees to submit each approved voucher to the Comptroller for payment unless it shall have notified the Contractor of its disapproval of payment in writing and together with a justification therefore.  The Contractor agrees to submit all vouchers to OTDA no later than sixty (60) days following the completion or termination of this AGREEMENT.  For purposes of Article XI-B of the State Finance Law, vouchers other than those for payment of advances are payable on the 45^th day after the end of the vouchering period (monthly, quarterly or as defined in the payment schedule) if deemed acceptable by OTDA and the Office of the State Comptroller, and if the Contractor’s voucher is received within 15 days after the end of said period.  If the Contractor’s voucher is received later than 15 days after the end of said period, then the voucher will be payable 30 days after receipt if deemed acceptable by OTDA and the Office of the State Comptroller.

 

4. OTDA reserves the right to withhold up to ten percent of any payment otherwise due under this AGREEMENT as security for the faithful completion of services under this AGREEMENT.  Said amount is to be paid to the Contractor upon the receipt of all required reports, including the final programmatic and fiscal reports, all products of the project as provided in the AGREEMENT and the attachments thereto, a final voucher, the accounting for the advance payment made pursuant to this AGREEMENT, and upon certification by the Contractor that it has completed its obligations and duties under this AGREEMENT.

 

Payment Schedule Revisions

           

a.       The Contractor may request to revise the Payment Schedule contained in this Appendix C in accordance with the policy outlined in the RFP.  A request to revise the Payment Schedule must be submitted in writing to OTDA’s designated Contract Manager for approval and be accompanied by justification therefore.

 

 

 

Designated Payment Office

 

Program Office:                  Office of Temporary and Disability Assistance  

Program Area:                    Center for Employment and Economic Supports

Address:                             40 North Pearl Street, 9C

                                          Albany, NY 12243

 

 

 

 

Rev. 7/7/08

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachment A4

APPENDIX D

CONTRACTOR INFORMATION

 

 

 

1. Incorporated Agency Name: _________________________________________

      2. Street Address: __________________________________________________

          City, State, Zip Code: _____________________________________________

          County: ________________________________________________________

      3. Agency Contact: _______________________ Title: ______________________

          Phone #: ________________________ FAX #: _________________________

          Email Address: ___________________________________________________

          Mailing Address: __________________________________________________

 

          Program Contact: _______________________ Title: ______________________

          Phone #: ________________________ FAX #: _________________________

          Email Address: ___________________________________________________

          Mailing Address:__________________________________________________

      4. Federal Employer Identification #: ____________________________________

          State Registered Charitable Organization #: ____________________________

          Municipality #: ___________________________________________________

           Optional:

          Community District(s): _____________________________________________

          Federal Congressional District(s):____________________________________

          State Senate District(s):____________________________________________

          State Assembly District(s):__________________________________________

  

 

 

5.      Award Amount: ___________________

 

Catalog of Federal Domestic Assistance (CFDA) title and number:  93.558;

 

These funds are subject to requirements of Title IV-A of the Social Security Act as amended by Title IV-A of the Personal Responsibility and work reconciliation Act of 1996, PRWORA, P.L. 104-193.

 

Award Name:  Temporary Assistance for Needy Families (TANF) Program.

 

Awarding Agency:  Department of Health and Human Services

 

6.      Organization Information

 

For statistical purposes, check yes or no for each of the following items as it relates to your organization.  See the instructions for definitions.  LEAVE NO BLANKS.

 

            Non-Profit                    Yes       No                  Women-Owned           Yes         No  

            Organization                                                     Business

 

            Minority Business         Yes        No                 Municipality                  Yes         No        

 

            Small Business  Yes        No

 

7. Non-Discrimination/Sectarian Organization Compliance Justification

 

a. According to your Certificate of Incorporation, are your organization’s purposes sectarian?  (For example, are you a corporation organized under the religious corporation law or a corporation that has a corporate purpose to serve a particular religious group or promoting the doctrine of a particular religion in general?)	Yes	No
b. Are any of the proposed services in your project sectarian in nature?
c. Does your organization have as its goal the furthering of any sectarian purpose?
d. Are the services to be provided by sectarian staff?
e. Are services being delivered in a building owned by a sectarian organization?
If no, proceed to letter (f.).  If yes, are services educational in nature?
f. Will the proposed services be provided on the basis of race, religion, color or national origin?
g.  If the contract is with a sectarian organization, is the amount and comprehensiveness of the surveillance necessary to insure the contract does not foster or inhibit religion greater than the contract necessary to administer a similar contract with a non-sectarian agency?

 

If any of the above answers are Yes, please justify the recommendation for funding below:

8.   LIST OF AUTHORIZED SIGNATORIES

 

List all individuals who are authorized by the Board of Directors to sign this contract and related documents on behalf of the organization.  Should any individual be added to or removed from the list, inform the Bureau in writing immediately.

 

 

Name  _______________________________Title  _____________________

                                    (Printed)

 

Signature_________________________________________________________

 

Restrictions________________________________________________________

 

 

Name______________________________Title___________________________                                             (Printed)

 

Signature_________________________________________________________

 

Restrictions________________________________________________________

 

 

Name________________________________Title_________________________

                                    (Printed)

 

Signature   _________________________________________________________________

 

Restrictions________________________________________________________

 

 

The individuals listed above are authorized to sign on behalf of the Contractor in all matters regarding the Agreement with the NYS Office of Temporary and Disability Assistance except where restrictions are shown.  The recipient certifies that to the best of his/her knowledge and belief the information in the contract is true and correct.  The recipient certifies that he/she has reviewed the contract, understands the terms, and agrees to be bound by the same.

 

 

 

 

            (Signature of Official Authorized to Sign for Applicant) (Printed Name) (Date)

 

 

 

 

 

 

 

Attachment A5

APPENDIX X

 

Agency Code:        27000                                                                        Contract Number: ________________      

 

Period: ____________________                                               Funding Amt. for Contract:    ______________

 

This is an AGREEMENT between THE STATE OF NEW YORK, acting by and through the New York State Office of Temporary & Disability Assistance, having its principle office at 40 N. Pearl Street, Albany, New York 12243 (hereinafter referred to as the STATE), and                                   (hereinafter referred to as the CONTRACTOR).

 

Whereas, the State and the Contractor wish to amend said agreement(C0       ); and the purpose of which is to modify the contract term and/or contract amount as referenced above and as amended in the attached Appendix(ices) - 

All other provisions of said AGREEMENT shall remain in full force and effect.

 

IN WITNESS WHEREOF, The parties hereto have executed this AGREEMENT on the dates below their signatures.

 

CONTRACTOR SIGNATURE                                                           STATE AGENCY SIGNATURE

 

By:   _____________________________                                          By:  _________________________________

 

         _____________________________                                           _________________________________

                          Printed Name                                                                                                                                   Printed Name                           

Title: _____________________________                                  Title: _________________________________

 

Date: _____________________________                                  Date: _________________________________

 

State Agency Certification

“In addition to the acceptance of this contract, I also certify that original copies of this signature page will be attached to all other exact copies of this contract.”

 

STATE OF NEW YORK)

         SS:

County of                         )

 

On the        day of _________, ______, before me personally appeared _________________, to me known, who being by me duly sworn, did depose and say that he/she resides at______________________________, that he/she is the ________________________ of the ___________________________, the corporation described herein which executed the forgoing instrument, and that he/she signed his/her name thereto by order of the board of directors of said corporation.

                                                         

                                                                                                             _________________________________                                                                                                                                            (Notary)

                                                                                    Approved:

Attorney General’s Signature                                        Thomas P. DiNapoli, State Comptroller

 

By:    ___________________________                                 By: _______________________________

 

Date: ___________________________                                 Date: ______________________________

Attachment A6

Office of Temporary and Disability Assistance

Appendix Z

 

EOD CONTRACT LANGUAGE

 

 

            The Contractor agrees to comply with all applicable federal and state nondiscrimination statutes including:

 

            The Civil Rights Act of 1964, as amended; Executive Order No. 11246 entitled “Equal Employment Opportunity,”(EEO) as amended by Executive Order No. 11375, and as supplemented in Department of Labor Regulation 41 CFR Part 60; Executive Law of the State of New York, Sections 290-299 thereof, and any rules or regulations promulgated in accordance therewith; Section 504 of the Rehabilitation Act of 1973 and the Regulations issued pursuant thereto contained in 45 CFR Part 84 entitled “Nondiscrimination on the Basis of Handicap in Programs and Activities Reviewing or Benefiting from Federal Financial Assistance”; and the Americans with Disabilities Act (ADA) of 1990 and regulations issued by the Equal Employment Opportunity Commission which implement the employment provisions of the ADA, set forth at 42 CFR Section 12116.

 

            The Contractor is required to demonstrate effective affirmative action and EEO efforts, and to ensure employment of protected class members.  The contractor must possess and may upon request be required to submit to the Agency a copy of an Affirmative Action Plan, which is in full compliance with applicable requirement of Federal and State statutes.

 

1.       Contractors and subcontractors shall undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, gender, age, disability or marital status.  For these purposes, affirmative action shall apply in the areas of recruitment, employment, job assignment, promotion, upgrades, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation.

 

2.       Prior to the award of a State contract, the Contractor shall submit an Equal Employment Opportunity (EEO) Policy Statement to the contracting agency within the time frame established by that agency.

 

3.       The Contractor’s EEO Policy Statement shall contain, but not necessarily be limited to, and the Contractor, as a precondition to entering into a valid and binding State contract, shall, during the performance of State contract, agree to the following:

 

(a)     Except as authorized by Section 296 (11) of the NYS Executive Law, the contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, gender, age, disability, sexual orientation, military status, predisposing genetic characteristics, or marital status, will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on State contracts. 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, gender, age, disability, sexual orientation, military status, predisposing genetic characteristics or marital status.

 

(b)     At the request of the contracting agency, the Contractor shall request each  employment,          labor union, or authorized representative of worker 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, gender, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor’s obligations herein.

 

4. Except for construction contracts, prior to an award of a State contract, the Contractor shall submit to the contracting agency a staffing plan of the anticipated work force to be utilized on the State contract or, where required, information on the Contractor’s total work force, including apprentices, broken down by specified ethnic background, gender, and Federal Occupational Categories or other appropriate categories specified by the contracting agency.  The form of the staffing plan shall be supplied by the contracting agency.

 

5.  After an award of a state contract, the Contractor shall submit to the contracting agency a work force utilization report, in a form and manner required by the agency, of the work force actually utilized on the State contract, broken down by specified ethnic background, gender, and Federal Occupational Categories or other appropriate categories specified by the contracting agency.

 

            In the event that the Contractor is found through an administrative or legal action, whether brought in conjunction with this contract or any other activity engaged in by the Contractor, to have violated any of the laws recited herein in relation to the Contractor’s duty to ensure equal employment /Affirmative Action efforts to protected class members, the Agency may, in its discretion, determine that the Contractor has breached this agreement.

 

            Additionally, the Contractor and any of its subcontractors shall be bound by the applicable provisions of Article 15-A of the Executive Law, including Section 316 thereof, and any rules or regulations adopted pursuant thereto.  The Contractor also agrees that any goal percentages contained in this contract are subject to the requirements of Article 15-A of the Executive Law and regulations adopted pursuant thereto.  For purposes of this procurement, the combined contract goals for subcontracting/purchasing with Minority and Women-Owned business enterprises are 5% to 5.5%.  The employment goal for the hiring of protected class persons is 7-10%.

 

            The Contractor shall be required to submit reports as required by the Agency concerning the Contractor’s compliance with the above provisions, relating to the procurement of services, equipment and or commodities, subcontracting, staffing plans and for achievement of employment goals.  The Bureau of Equal Opportunity Development (EOD) shall determine the format of such reports of the Agency.  The Contractor agrees to make available to EOD, upon request, the information and data used in compiling such reports.

 

            It is the policy of the Agency to encourage the employment of qualified applicants/recipients of public assistance by both public organizations and private enterprises that are under contractual agreement to the Agency for the provision of goods and services.  The Agency may require the Contractor to demonstrate how the Contractor has complied or will comply with the aforesaid policy.

Attachment A7

STATE OF NEW YORK AGREEMENT

 

            This AGREEMENT is hereby made by and between the Office of Temporary & Disability Assistance (OTDA), a State of New York agency (STATE) and the private agency (CONTRACTOR) identified on the face page hereof.

 

WITNESSETH:

 

                WHEREAS, the STATE has the authority to regulate and provide funding for the establishment and operation of program services and desires to contract with skilled parties possessing the necessary resources to provide such services; and

 

                WHEREAS,  the CONTRACTOR is ready, willing and able to provide such program services and possesses or can make available all necessary qualified personnel, licenses, facilities and expertise to perform or have performed the services required pursuant to the terms of this AGREEMENT;

 

                NOW THEREFORE, in consideration of the promises, responsibilities and covenants herein, the STATE and the CONTRACTOR agree as follows:

 

I.              Conditions of Agreement

 

A.            This AGREEMENT may consist of successive periods (PERIOD), as specified within the AGREEMENT or within a subsequent  Modification Agreement(s) (Appendix X).   Each additional or superseding PERIOD shall be on the forms specified by the particular State entity, and shall be incorporated into this AGREEMENT.

 

B.            Funding for the first PERIOD shall not exceed the funding amount specified on the face page hereof.   Funding for each subsequent PERIOD, if any, shall not exceed the amount specified in the appropriate appendix for that PERIOD.

 

C.            This AGREEMENT incorporates the face pages attached and all of the marked appendices identified on the face page hereof.

 

D.            For each succeeding PERIOD of this AGREEMENT, the parties shall prepare new appendices, to the extent that any require modification, and a Modification Agreement (The attached Appendix X is the blank form to be used).   Any terms of this AGREEMENT not modified shall remain in effect for each PERIOD of the AGREEMENT.

 

                                To modify the AGREEMENT within an existing PERIOD, the parties shall revise or complete the appropriate appendix form(s).   Any change in the amount of consideration to be paid, or change in the term, is subject to the approval of the Office of the State Comptroller.   Any other modification shall be processed in  accordance with agency guidelines as stated in Appendix A1.

 

E.             The CONTRACTOR shall perform all services to the satisfaction of the STATE.   The CONTRACTOR shall provide services and meet the program objectives summarized in the Program Workplan (Appendix D) in accordance with:  provisions of the AGREEMENT; relevant laws, rules and regulations, administrative and fiscal guidelines;  and where applicable, operating certificates or licenses for an activity or program.

 

F.             If the CONTRACTOR enters into subcontracts for the performance of work pursuant to the AGREEMENT, the CONTRACTOR shall take full responsibility for the acts and omissions of its subcontractors.   Nothing in the subcontract shall impair the rights of the STATE under this AGREEMENT.   No contractual relationship shall be deemed to exist between the subcontractor and the STATE.

 

II.            Payments and Reporting

 

A.            The CONTRACTOR, to be eligible for payment, shall submit to the STATE’s Designated Payment Office (identified in Appendix C) any appropriate documentation as required by the Payment and Reporting Schedule (Appendix C) and by agency fiscal guidelines, in a manner acceptable to the STATE.

 

B.            The STATE shall make payments and any reconciliations in accordance with the Payment and Reporting Schedule (Appendix C).   The STATE shall pay the CONTRACTOR, in consideration of contract services for a given PERIOD, a sum not to exceed the amount noted on the face page hereof or in the respective Appendix designating the payment amount for that given PERIOD.   This sum shall not duplicate reimbursement from other sources for CONTRACTOR costs and services provided pursuant to this AGREEMENT.

 

C.            The CONTRACTOR shall meet the audit requirements specified by the STATE.

 

III.           Terminations

 

A.            This AGREEMENT may be terminated at any time upon mutual written consent of the STATE and the CONTRACTOR.

 

B.            The  STATE may terminate the AGREEMENT immediately, upon written notice of termination to the CONTRACTOR, if the CONTRACTOR fails to comply with the terms and conditions of this AGREEMENT and/or with any laws, rules, regulations, policies or procedures affecting this AGREEMENT.

 

C.            The STATE may also terminate this AGREEMENT for any reason in accordance with provisions set forth in Appendix A1.

 

D.            Written notice of termination, where required, shall be sent by personal messenger service or by certified mail, return receipt requested.   The termination shall be effective in accordance with the terms of the notice.

 

E.             Upon receipt of termination, the CONTRACTOR agrees to cancel, prior to the effective date of any prospective termination, as many outstanding obligations as possible, and agree not to incur any new obligations after receipt of the notice without approval by the STATE.

 

F.             The STATE shall be responsible for payment on claims pursuant to services provided and costs incurred pursuant to terms of the AGREEMENT.   In no event shall the STATE be liable for expenses and obligations arising from the program(s) in this AGREEMENT after the termination date.

 

IV.           Indemnification

 

A.            The CONTRACTOR shall be solely responsible and answerable in damages for any and all accidents and/or injuries to persons (including death) or property arising out of or related to the services to be rendered by the CONTRACTOR or its subcontractors pursuant to this AGREEMENT.   The CONTRACTOR shall indemnify and hold harmless the STATE and its officers and employees from claims, suits, actions, damages and costs of every nature arising out of the provisions of services pursuant to this AGREEMENT.

 

B.                   The CONTRACTOR is an independent contractor of the STATE and may neither hold itself out nor claim to be an officer, employee or subdivision of the STATE nor make any claim, demand or application to or for any right based upon any different status.

 

V.            Property

 

Any equipment, furniture, supplies or other property purchased pursuant to this AGREEMENT is deemed to be property of the  STATE except as may otherwise be governed by Federal or State laws, ruled or regulations, or as stated in Appendix A1.

 

 

VI.           Safeguards for Services and Confidentiality

 

A.            Services performed pursuant to this AGREEMENT are secular in nature and shall be performed in a manner that does not discriminate on the basis of religious belief, or promote or discourage adherence to religion in general or particular religious beliefs.

 

B.            Funds provided pursuant to this AGREEMENT shall not be used for any partisan political activity, or for activities that may influence legislation or the election or defeat of any candidate for public office.

 

C.            Information relating to individuals who may receive services pursuant to this AGREEMENT shall be maintained and used only for the purposes intended under the contract and in conformity with applicable provisions of laws and regulations, or specified in Appendix A1.

 

VII.         Public Officers’ Law

 

A.            The Contractor agrees not to engage in any conduct which the Contractor knows would violate or would assist an employee of OTDA in violating Section 73 or 74 of the Public Officers Law.

 

B.            The Contractor further recognizes that an administrative or judicial finding that a Contractor has violated any of the statues specified in the Contractor/Subcontractor Background Questionnaire completed prior to the award of this contract may entitle OTDA to terminate the contract, at its discretion, within thirty (30) days after the Contractor notifies OTDA of such findings or OTDA notifies the Contractor that it has become aware of such finding.

 

C.            Any termination of the contract by OTDA under this subdivision (Article VII) shall be deemed to be a termination of the contract for cause.   The remedies set forth in this section shall be in addition to any other remedy available to OTDA under this contract or under any other provisions of law.

 

 

 

 

 

 

 

Attachments B1-B11:

 

1.  Notice of Intent to Bid (B-1)

2.  Educational Resources Proposal Cover Page (B-2)

3.  Local Social Services Partnership Form (B-3)

4.  Proposal Narrative Form (B-4)

5.  Reimbursement Schedule (B-5)

6.  Contractor/Subcontractor Background Questionnaire (B-6)

7.  Subcontracting Utilization/Staffing/MWBE Form (B-7)

8.  LSSD Employment Coordinators (B-8)

            9.  NYS DOL Labor Market Analysts (B-9)

           10. NRS Levels and Corresponding Test Scores (B-10)

           11. Local Workforce Investment Board (B-11)

 

 

 

Attachment B1