Page 1 of 89
REQUEST FOR PROPOSALS
ONLINE EDUCATIONAL SERVICES
“CUNY ONLINE”
UCO 657
Proposal Due Date:
Thursday, April 27, 2017 at 2:00 pm Eastern Standard Time
Proposal Delivery Location:
CUNY-Office of Budget and Finance
230 West 41st Street, 5th Floor
New York, NY 10036
Attention: UCO 657
Online Educational Services
CUNY Request for Proposals Online Educational Services
March 31, 2017
Page 2 of 89
REQUEST FOR PROPOSALS
CITY UNIVERSITY OF NEW YORK
ONLINE EDUCATIONAL SERVICES
(CUNY ONLINE)
Table of Contents
1. INTRODUCTION
1.1 PURPOSE…………………………………………………………………………………....4
1.2 DOCUMENT OVERVIEW……………………………………………………………………..4
1.3 PROJECT SCOPE AND OBJECTIVES…………………………………………………………..4
1.4 AWARD OF WORK…………………………………………………………………………..6
1.5 MINIMUM QUALIFICATIONS………………………………………………………….……..7
1.6 WORKPLACE EMPLOYMENT UTILIZATION REPORTING REQUIREMENTS…………….………..7
1.7 DIVERSITY PRACTICES QUESTIONNAIRE…………………………………………….………7
1.8 STAFFING PLAN…………………………………………………………………………….8
1.9 MWBE AND SDVOB PARTICIPATION GOALS…………………………………………………8
1.10 TERM OF CONTRACT………………………..……………………………….………….8
1.11 SCHEDULE OF KEY EVENTS……………………………………………………………..9
2. CONTRACT RESPONSIBILITIES 2.1 CONTRACTOR RESPONSIBILITIES GENERAL………………………………………………..10
2.2 CONTROL OF DECISIONS AND INTELLECTUAL PROPERTY/COPYRIGHTS……………………11
2.3 OTHER INFORMATION……………………………………………………………………..11
2.4 CONTRACTOR REQUIREMENTS, SCOPE OF SERVICES AND DELIVERABLES………………….12
2.5 INSURANCE……………………………………………………………………………….19
3. PROPOSAL FORMAT AND CONTENTS
3.1 GENERAL PROCEDURES…………………………………………………………………...20
3.2 COVER LETTER……………………………………………………………………………20
3.3 VOLUME I: TECHNICAL AND MANAGEMENT PROPOSAL……………………………………21
3.4 VOLUME II: PRICE PROPOSAL AND CONTRACT SUBMITTAL……………………….………..23
4. PROPOSAL EVALUATION
4.1 OVERVIEW………………………………………………………………………………..26
4.2 RECOMMENDED PROPOSER……………………………………………………………….29
5. ADMINISTRATIVE AND LEGAL SPECIFICATIONS
5.1 PROPOSAL SUBMISSION…………………………………………………………………...30
5.2 INQUIRIES AND INFORMATION…………………………………………………………….30
5.3 WITHDRAWAL OF PROPOSAL……….……………………………………………………...31
5.4 GENERAL CONDITIONS………………………………………………………….…………31
5.5 RESERVATION OF RIGHTS………………………………………………………………….34
5.6 CONSULTANT EMPLOYMENT DISCLOSURE……………………………...…………………35
5.7 VENDOR RESPONSIBILITY WHEN PROPOSING TO USE A FORMER CUNY EMPLOYEE………...36
5.8 ADDITIONAL TERMS AND CONDITIONS OF CONTRACT…………………………………….36
CUNY Request for Proposals Online Educational Services
March 31, 2017
Page 3 of 89
ATTACHMENTS:
ATTACHMENT A: CONTRACTOR RESPONSIBILITY WHEN PROPOSING FORMER CUNY
EMPLOYEES………………………………………………………………….39
ATTACHMENT B: TERMS AND CONDITIONS CONTRACT……………………………………….40
ATTACHMENT C: REFERENCE FORM…………………………………………………………..70
ATTACHMENT D: PRICE PROPOSAL……………………………………………………………71
ATTACHMENT E: PROPOSER INFORMATION AND CERTIFICATIONS…………………………..73
ATTACHMENT F: PROCUREMENT LOBBYING ACT AND FORMS……………………………….75
ATTACHMENT G: DIVERSITY PRACTICES QUESTIONNAIRE…………………………………...79
ATTACHMENT H: NYS Executive Law Article 15-A Provisions …………………………….82
ATTACHMENT I: MWBE AND EEO FORMS…………………………………………………..90
.
Page 4 of 89
1. INTRODUCTION
1.1 Purpose
The City University of New York (“CUNY” or the “University”) is releasing this Request for
Proposals (“RFP”) to solicit proposals from qualified firms to strengthen and expand its current
online courses and programs to better serve students, extend CUNY’s reach and bring in new
enrollments, and to raise the profile of both the University and its constituent Colleges.
CUNY anticipates making one (1) award as a result of this solicitation and issuing a single contract
(the “Contract”) to a single Proposer selected according to the process described herein
(“Contractor”).
1.2 Document Overview
This RFP specifies the functional and performance requirements of CUNY, Proposer
responsibilities, and other pertinent information related to the provision of investment services.
The provisions and requirements of this RFP will be incorporated into any resulting Contract made
between CUNY and a successful Proposer. This document contains the following major sections.
Section 1 – Introduction. An overview of CUNY and background information regarding the
services covered by this RFP (the “Project”).
Section 2 – Contract Responsibilities. Describes Contractor’s responsibilities, CUNY
responsibilities and the scope of services to be provided.
Section 3 – Proposal Format and Contents. The format prescribed and content for responses to
this RFP solicitation.
Section 4 – Proposal Evaluation. The methodology and process that will be used to evaluate
responses to the RFP solicitation.
Section 5 – Administrative and Legal Specifications. General administrative information and
legal terms regarding this solicitation.
1.3 Project Scope and Objectives
The City University of New York is the nation's largest urban public university. Founded in New
York City in 1847 as the Free Academy, CUNY currently comprises 24 institutions: 11 senior
colleges, 7 community colleges, the William E. Macaulay Honors College at CUNY, the Graduate
School and University Center, the CUNY Graduate School of Journalism, the CUNY School of
Law, the CUNY School of Professional Studies, the CUNY Graduate School of Public Health and
Health Policy, and the CUNY School of Medicine (each a “College” and collectively, the
“Colleges). The University serves more than 270,000 degree-credit students and 273,000
continuing and professional education students. College Now, the University’s academic
enrichment program for 20,000 high school students, is offered at CUNY campuses and more than
400 high schools throughout the five boroughs of the City of New York.
Page 5 of 89
Figure 1 –
City University of New York Colleges and Professional
Schools
Senior Colleges
1. Baruch College
2. Brooklyn College
3. The City College of New York
4. College of Staten Island
5. Hunter College
6. John Jay College of Criminal Justice
7. Lehman College
8. Medgar Evers College
9. New York City College of Technology
10. Queens College
11. York College
Community Colleges
12. Borough of Manhattan Community College
13. Bronx Community College
14. Hostos Community College
15. Kingsborough Community College
16. LaGuardia Community College
17. Queensborough Community College
18. Guttman Community College
Page 6 of 89
Honors College and Graduate & Professional Schools
19. The CUNY School of Professional Studies
20. The CUNY School of Law
21. The CUNY Graduate School of Journalism
22. The CUNY Graduate School of Public Health and Health Policy
23. The Graduate Center
24. Macaulay Honors College (Multiple Locations)
CUNY is in the process of launching a major new initiative provisionally called “CUNY Online.”
Its purpose is to strengthen and expand online courses and programs to better serve students, to
extend CUNY’s reach and bring in new enrollments, and to raise the profile of both the University
and its constituent Colleges. It is important to stress that these online courses and programs will
be College-based but also University-supported; Colleges may also engage in collaborations
between and among the Colleges. Collectively constituting a single initiative, CUNY Online will
be the aggregate of online offerings throughout the University, a whole more than the mere sum
of its parts. Throughout the initiative, a balance must be struck between College needs and
University needs, between flexibility and shared landscape.
Today, CUNY offers 26 online degree programs including seventeen at the CUNY School of
Professional Studies (including four newly approved degree programs in nursing that will be
launched in Fall 2017), seven at John Jay College, and two at Lehman College. (See list in Exhibit
A.) As of Fall 2015, CUNY’s 24 institutions offered a total of 215 online courses. At that time, 17
of CUNY’s 24 Colleges anticipated significant growth in their online offerings in the next two to
three years. Development of new online programs is a key priority for CUNY going forward. We
see online education as an important strategy to improve access (particularly for adult students),
degree completion, and graduate education. The importance of online education is made clear in
CUNY’s 2016-2020 Master Plan, which mentions online education 78 times and cites the need to
launch “more fully online degree programs to expand access and appeal to a broader base of
students, implement more online sections of general education and other high-demand courses to
help facilitate degree completion, and provide faculty development and support to aid the creation
of more dynamic online course offerings.” (http://www2.cuny.edu/wp-
content/uploads/sites/4/page-assets/blog/cuny_reusable_comp/master-
plan/CUNY_Master_Plan_15-FINAL.pdf)
1.4 Award of Work
The contract resulting from this RFP will be a requirements contract. The eventual contractor (the
“Contractor”) will provide a menu of services as described in Section 2.4 (collectively, the
“Services” or “Scope of Work”) and prices for those services. Those Services and prices will be
the basis of the requirements contract (“Master Contract” or “Contract”). Based on the Master
Contract, CUNY Colleges and the Central Office will be able to release Purchase Orders to procure
any combination of needed services consistent in scope, price, and terms of service within the
terms of the Master Contract. Each Purchase Order issued under the Master Contract will be a self-
contained order with a clear Scope of Services (“SOS”) and a price. The Contractor may be
expected to deliver services under several Purchase Orders at once and Contractor must have the
capacity to manage the workload.
Page 7 of 89
1.5 Minimum Qualifications
CUNY seeks a firm with experience in providing these Services. In addition to ensuring that all
required content has been submitted in accordance with the RFP, to be considered eligible to
submit a Proposal in response to this RFP, the Proposer and any subcontractor(s), must meet the
following minimum qualifications:
a. The Proposer must have at least five (5) years of experience in providing the
Services for higher education institutions.
b. The Proposer must have a verifiable operating history for at least three (3) years
ending December 31, 2016, with clients that are similar in scope and/or size to
CUNY.
1.6 Workplace Employment Utilization Reporting Requirements
a. The awarded Contractor shall submit a Workforce Report, (see Attachment I-Form
#6, for sample form) in such format as shall be required by CUNY on a quarterly
basis during the term of the contract.
b. In limited instances, the Contractor may not be able to separate out the workforce
utilized in the performance of the Contract from the Contractor's total workforce.
When a separation can be made, the Contractor shall submit the Workforce Report
and indicate that the information provided related to the actual workforce utilized
on the Contract. When the workforce to be utilized on the contract cannot be
separated out from the Contractor's total workforce, the Contractor shall submit the
Workforce Report and indicate that the information provided is the Contractor's
total workforce during the subject time frame, not limited to work specifically under
the contract.
c. The Contractor shall comply with the provisions of the Human Rights Law, all
other State and Federal statutory and constitutional non-discrimination
provisions. The Contractor shall not discriminate against any employee or
applicant for employment because of race, creed (religion), color, sex, national
origin, sexual orientation, military status, age, disability, predisposing genetic
characteristic, marital status or domestic violence victim status, and shall also
follow the requirements of the Human Rights Law with regard to non-
discrimination on the basis of prior criminal conviction and prior arrest.
1.7 Diversity Practices Questionnaire:
The New York State Empire State Development (“ESD”) has determined, pursuant to New York
State Executive Law Article 15-A, that the assessment of the diversity practices of respondents to
this procurement is practical, feasible, and appropriate. Accordingly, respondents to this
procurement shall be required to include as part of their responses to this procurement, as described
in Section 3.4.2, herein, the Diversity Practices Questionnaire (See Attachment G).
Page 8 of 89
1.8 Staffing Plan
As required by CUNY, Contractor shall submit or have submitted an Equal Employment Opportunity
Staffing Plan, using a form required by CUNY (see Attachment I-Form #5), to document the
composition of the proposed workforce to be utilized in the performance of the Contract by the
specified categories listed, including ethnic background, gender, and Federal occupational categories (a
“Staffing Plan”). Contractors shall have completed and submitted the Staffing Plan within ten days of
CUNY’s request.
1.9 MWBE and SDVOB Participation Goals
1.9.1 Based on the current availability of qualified Minority-Owned Business Enterprise
(“MBE”) and Women-Owned Business Enterprises (“WBE” and “MBE,” together
“MWBEs”), CUNY has established a 30% participation goal in the aggregate for New
York State certified MWBEs; and based on the current availability of qualified New York
State certified Service-Disabled Veteran-Owned Businesses (“SDVOBs”), a 6%
participation goal to be part of the proposed team to provide the Services as
subcontractor(s) or suppliers (the “Subcontractor(s)”). Contractor shall be required to use
good faith efforts to subcontract a minimum of 36% of the value of the Services to one (1)
or more MWBE and SDVOB Subcontractors. Additional MWBE, SDVOB, and Equal
Employment Opportunity requirements are attached hereto as Attachment H.
1.9.2 The selected Contractor shall submit a Quarterly Contractor Compliance Report on or
before the tenth (10th) calendar day of each quarter (January, April, July, and October)
detailing the payments made to NYS-certified MWBEs and/or SDVOBs, in accordance
with the submitted MWBE/SDVOB Utilization Plan and/or Request for Waiver. The
compliance report must be accompanied by supporting documentation, including but not
limited to, copies of cancelled checks or bank statements reflecting the payments made to
NYS-certified MWBEs/SDVOBs.
1.9.3 Proposers may identify potential MWBE Subcontractor(s) by referencing the directory of
New York State certified MWBEs at https://ny.newnycontracts.com/.
1.9.4 Proposers may identify potential SDVOB Subcontractor(s) by referencing the list of New
York State certified SDVOBs at http://www.ogs.ny.gov/Core/SDVOBA.asp.
1.10 Term of the Contract
The term of the Contract resulting from this solicitation will be five (5) years with the option to
renew the contract for an additional five (5) years at the sole discretion of the University.
In addition to any other termination or cancellation rights reserved by CUNY in the Contract,
CUNY shall have the right to suspend, abandon or terminate the Contract without cause as a
termination for convenience. In such case CUNY shall make a pro rata settlement with the
Contractor based upon the Services performed up to the date of such suspension, abandonment or
termination, as verified by CUNY, which shall be dispositive.
Page 9 of 89
In the event that Contract is suspended, abandoned or terminated, Contractor shall make available
to the University all records, documents and data pertaining to the Services within ten (10) days
after such termination.
1.11 Schedule of Key Events
CUNY will attempt to adhere to the following schedule with regard to this solicitation:
Date Event
March 31, 2017 RFP Release Date
April 14, 2017 at 2:00 pm EST Last date for receipt of proposers’ questions
April 27, 2017 at 2:00 pm EST Due date for receipt of proposals
Late May/Early June 2017 Oral presentations
CUNY reserves the right to amend any or all of the above dates and CUNY will issue such
amendment in writing (See Section 5.2.4 below).
Page 10 of 89
2. CONTRACT RESPONSIBILITIES
2.1 Contractor Responsibilities – General
2.1.1 Project Team
2.1.1.1 Contractor shall designate a Senior Manager as Contract Manager for the Services.
The Senior Manager shall:
a. serve as principal liaison between CUNY and Contractor for purposes of
administration of the Contract;
b. be an employee of the Contractor (and not a consultant, contractor or
subcontractor); and
c. have full decision-making authority on behalf of Contractor including
authority to obligate Contractor.
2.1.1.2 For a mid-term change of Senior Manager, or during the absence of the Senior
Manager, for any reason, Contractor shall promptly provide a detailed continuity
plan for CUNY’s approval.
2.1.1.3 Contractor shall ensure that CUNY shall have access at all times to an individual
with full authority to make decisions on behalf of Contractor. Nothing in this
section shall be deemed to preclude CUNY from discussing any matters relating to
Contract with any other members of Contractor’s organization.
2.1.1.4 Contractor’s obligations under the Contract may not be subcontracted or transferred
without the prior written consent of an authorized representative of CUNY. CUNY
reserves the right to reject any proposed subcontractor or supplier for bona fide
business reasons, which may include, but are not limited to: the subcontractor or
supplier is on the Department of Labor’s list of companies with which the State
cannot do business; CUNY determines that the subcontractor or supplier is not
qualified; CUNY determines that the subcontractor or supplier is not responsible;
or the subcontractor or supplier has previously provided unsatisfactory work or
services.
2.1.2 Communications
Contractor shall obtain CUNY’s prior written approval before Contractor, or any of its
officers, employees, agents or subcontractor(s), makes any statement to the press or issues
any communication or publication concerning, or related to, the Services.
2.1.3 Document Delivery
2.1.3.1 All documents to be provided hereunder shall be delivered by Contractor to CUNY
in electronic format through URLs or other electronic means.
Page 11 of 89
2.1.3.2 All work product and deliverables shall be subject to CUNY’s approval prior to
their use in connection with the Services. Contractor shall provide all draft versions
of all work product and deliverables, including proposed marketing, advertising and
recruitment materials, to CUNY in sufficient time for CUNY (or the College
requesting the service) review, including time to make modifications and to provide
final approval.
2.1.3.3 Contractor shall transmit each such draft to CUNY (or the College requesting the
service) with a dated and signed transmittal letter.
2.1.4 Return of CUNY Information at Termination
Within ten (10) calendar days of termination of Services for any reason, Contractor shall,
with respect to all original CUNY documents and data whether originally provided or
created during performance of the Services:
2.1.4.1 Return them to CUNY; and/or
2.1.4.2 Provide independent certification of destruction of all copies.
2.1.5 Use of Former CUNY Employees
Contractor shall comply with Attachment A when proposing former CUNY employees as
members of the Project Team.
2.1.6 Invoices
2.1.6.1 Contractor shall submit invoices directly to the Accounts Payable Departments for
a specific College and at [email protected] for Central Office at a time and
interval and in a format approved by CUNY.
2.1.6.2 Contractor shall provide sufficient and appropriate documentation with invoices
and provide additional information related to the invoices at any time upon request
of CUNY.
2.1.6.3 CUNY will pay Contractor only upon receipt of properly prepared invoices with
supporting documentation. Invoices are subject in all respects to CUNY’s approval.
Services shall be performed to the satisfaction of CUNY and payment for any
Services performed by Contractor remains subject to acceptance of such Service by
CUNY.
2.1.6.4 CUNY will not pay Contractor for work performed beyond the Scope of Work for
this Project or for services not duly authorized.
2.2 Control of Decisions and Intellectual Property/Copyrights
2.2.1 The University will maintain control of all academic decisions including admissions,
program development and decisions on whether, where, when and how to offer programs.
The University will retain ultimate control of all decisions regarding marketing strategies.
Page 12 of 89
2.2.2 Intellectual Property Created by Contractor: All materials designed, created and/or
produced by Contractor or Contractor’s personnel in the course of performance of the
Services shall be considered the property of the University. The University shall own all
rights thereto, including without limitation all copyrights, trademark, patent and other
intellectual property rights of every kind and nature. In particular:
a. all copyrightable works (including, but not limited to, reports, compilations of data,
software, audio and visual recordings, pictures, and graphics) created or prepared by
Contractor or Contractor’s personnel in the course of the performance of the Services
(“Copyrightable Works”) shall be “works made for hire” (as that term is defined in the
copyright laws of the United States) for the University, and all copyright therein is
expressly intended to be wholly owned by the University. To the extent that any
Copyrightable Works may not, by operation of law, be works made for hire, by entering
into the Contract Contractor shall be deemed to have assigned to the University the
ownership of copyright in such Copyrightable Works, and the University shall have the
right to obtain and hold in its own name copyrights, registrations, and similar
protections that may be available in such Copyrightable Works. Contractor shall give
the University or its designee all assistance reasonably required to perfect such rights.
Contractor represents and warrants that Contractor is and shall be sole author of any
and all Copyrightable Works, and they are and shall be original works not subject to
any prior agreement, lien, or other rights. Contractor further represents and warrants
that the Copyrightable Works do not and shall not contain libelous, plagiarized,
injurious, or other unlawful matter, and shall not infringe on copyright or violate any
other right of any person or party whatsoever. The Contractor shall not use, transmit,
display, publish or otherwise license the Copyrightable Works without the University’s
prior written consent. Without limiting the foregoing, the Copyrightable Works shall
be deemed to be “Confidential Information” under Section 42 of Attachment B. The
provisions of this paragraph shall survive the expiration or termination of the Contract.
b. any invention or discovery, whether or not patentable, that is conceived or reduced to
practice by Contractor and arises out of Contractor’s performance of the Services shall
be reported to the University with complete information concerning such invention or
discovery. The University retains all right, title, and interest to any such invention or
discovery and retains the sole right to determine whether a patent application shall be
filed. Contractor shall cooperate fully with the University or its designee to enable it to
secure the rights retained under this paragraph and shall execute all documents
necessary to do so.
2.2.3 All rights, title and interest in and to the any content provided by CUNY including as may
be digitized or otherwise reformatted by Contractor as part of the Services, in all media now
known or hereafter developed, and any trademarks, trade names, logos, characters and other
materials provided by CUNY (“CUNY Materials”) are owned and retained exclusively by
CUNY, except that course content available through CUNY Online will be owned as set
forth in the University’s Intellectual Property Policy (available at
https://www.cuny.edu/about/administration/offices/la/intellectual_property_9.20.11.pdf), which provides that
copyrightable course materials and other Scholarly or Pedagogical Works (as defined in the
Policy) are owned by the Creator of such materials.
Page 13 of 89
a. Contractor shall not use the CUNY Materials or any portion thereof for any purpose
other than that of fulfilling Contractor’s obligations under the Contract. Neither the
CUNY Materials nor any portion thereof may be used, disclosed, transmitted,
transferred, sold, assigned, leased or otherwise disposed of, made available for
access by third parties, or be commercially exploited by or on behalf of Contractor,
its employees or agents, except as expressly provided in this Contract.
b. Contractor shall not use the name, or any logo, mascot, seal, trademark, trade name
or other proprietary mark of CUNY or any College for brand or product
endorsement, or in any manner which may imply such endorsement. Any other use
is subject to CUNY’s or the applicable College’s prior written approval.
2.3 Other Information
2.3.1 CUNY currently identifies the Office of Academic Affairs as the liaison between
Contractor and the University for purposes of administration of the Contract (“University
Liaison”).
2.3.2 The University Liaison will be available to coordinate services with the Contractor.
2.3.4 The University Liaison will be responsible for the oversight and administration of the
Contract.
2.3.5 CUNY currently identifies Caron Christian as the liaison between the Contractor and the
University for purposes of Contract compliance.
2.4 Contractor Requirements, Scope of Services and Deliverables
The Scope of Work consists of two major components: a.) a set of services that will be delivered
to the Central Office at CUNY, and b.) a set of services that will be made available to each of the
Colleges on an as-needed basis, for the development and support of online education programs.
This Scope of Work describes the anticipated set of services that the Central Office and the
Colleges will likely need during the contract term. The service descriptions included in the Master
Contract will provide an overview of the services made available by the Contractor and provide a
structure from which SOS can be created under the Master Contract. The SOS will provide the
specific requirements of each Purchase Order that is issued by a College or Central Office.
2.4.1 Central Services
a. Portal or Gateway
Though one goal of the initiative is to increase the number of (and improve access to)
online courses, the primary focus of this RFP is to increase the number of fully-online
degree programs. What this entails, beyond those programs themselves, is a
commitment to integration and coordination – the cultivation of a shared landscape that
standardizes access and expectations. A critical part of the shared landscape will be the
Page 14 of 89
creation of a centralized, online portal or gateway that will provide access to all that is
offered under the “big tent” of CUNY Online. This will not be simply a course catalog,
but rather a central compendium of and portal to each online degree program at CUNY,
as well as a site that provides information on student services, such as how to apply,
tuition, financial aid, etc.
In consultation with CUNY central as well as designated College representatives, the
Contractor will be expected to design and create this site based on best practices and
other successful higher education models. The proposed portal is intended to be an
informational portal from which prospective or pre-enrolled students can obtain
information about the various online program offering at CUNY and from which these
pre-enrolled students can gain access to the online program sites of each individual
college. The site is not anticipated to be used on an ongoing basis by students enrolled
in courses for their daily educational needs.
The content for this site should be developed using automated integrations where
possible to the University’s enterprise systems including but limited to: CUNYfirst
(CUNY’s Oracle PeopleSoft-based Student Information System), Blackboard -
CUNY’s learning management system, Degreeworks – CUNY’s academic advisement
and degree audit system. The proposed solution must allow CUNY to be able to
independently update and curate the portal. The portal/gateway should be considered a
primary point of information access; it must integrate with CUNY’s enrollment
management functions, such as admissions and recruitment, and also provide linkages
to individual Colleges’ online programs and their different requirements. The site must
enable a student to access, with a minimum number of clicks, information about each
online academic program offered by every College, including degree requirements,
application information, program curriculum, and program tuition. The site must be
searchable, enabling prospective students easily to search among online undergraduate
and graduate degree and certificate programs at CUNY by topic or program area.
b. Marketing
i. Marketing Strategy.
The Contractor will work with CUNY to market CUNY’s entire collection of online
academic programs as it grows. Within 120 days following the registration of the
parent contract with the State, the Contractor will create and present to CUNY for
approval a clear and comprehensive marketing strategy that will highlight the
universe of online educational offerings throughout CUNY and improve awareness
among prospective students about the online educational opportunities that are
available at CUNY’s 24 institutions (the “CUNY Online Marketing Strategy”). The
CUNY Online Marketing Strategy must be consistent in its design and
implementation with CUNY’s overall marketing and branding strategy (which is
not part of this Scope of Work). The Contractor will also provide strategic advice
about how to both foreground the University brand and allow for the individual
Colleges’ identity needs to be considered. Some Colleges have already branded and
marketed their online efforts and have concerns about losing their programs’
visibility in the market. The marketing plan must elevate awareness about all online
program offerings at CUNY without impairing the efforts of individual Colleges.
Page 15 of 89
ii. Implementation.
The Contractor will implement the CUNY Online Marketing Strategy by creating
key themes and messages; producing informational and promotional advertising
materials (e.g., proposed advertising designs, print materials, etc.); and designing
and implementing internet and social media strategies, advertising and mass
communication strategies, and any other effective marketing strategies and/or
tactics to increase awareness about and visibility of CUNY Online. All such
materials, strategies and tactics are subject to CUNY’s prior written approval before
implementation and/or distribution.
iii. Market Research.
Within 60 days following the registration of the parent contract with the State, the
Contractor will also conduct market research and strategic analysis to assess market
viability, demand for programs, opportunities for online educational programs in
underserved parts of the market, and submit a report to CUNY detailing these
findings. The report will also include an analysis of online competitors’ pricing,
application and program requirements, providing a strategic assessment of
opportunities in the market place both regionally and nationally.
2.4.2 College Services
Beyond the services provided for the University as a whole, the Scope of Work comprises the
following services that will be made available by the Contractor to be delivered directly to
individual Colleges on the basis of the SOS. Any of these services can be included by a College
in a SOS as a discrete service or in combination with any other services available under the parent
contract. The Contractor, therefore, must be prepared to provide to individual Colleges any
combination of these services, with the understanding that CUNY’s 24 Colleges have different
needs and varying degrees of readiness for offering online programs. While these services are
primarily intended for use by the Colleges, the Central Office may also issue SOS for any of these
services or combination of services.
Pricing and services provided pursuant to a SOS shall be consistent with the terms of the parent
contract.
It is anticipated that SOS will primarily be issued to cover the services of a specific degree program
offered. For example, a single College may issue three different SOS for three different academic
programs, and each SOS might include a different combination of services. In the alternative, a
College or the Central Office could issue a more general SOS – for example, to assist the
development of online courses or to provide faculty professional development.
a. Marketing and Student Recruitment
As a College launches or expands its online academic programs, it may need marketing
and recruitment services to promote program awareness and to increase student
enrollment. The marketing plan for each College program must allow for both branding
and promoting that program specifically and tying in the programs’ branding and
promotion to the CUNY Online Marketing Strategy and related branding efforts. Any
Page 16 of 89
marketing plan must be preceded by market research and analysis, a business plan, and
the monitoring and adjustment specific to those programs.
The Contractor shall create and implement student recruitment strategies tailored to the
academic program. It shall also generate, track, and follow up on leads. To enroll
students in the program, as part of its recruitment services, the Contractor shall also
assist prospective students with the application and enrollment process.
Marketing services will include:
Market research for program development;
Business plan development and analysis, including yearly enrollment and revenue
projections; and
Marketing plan development, including the development of strategies, materials,
website copy. All such strategies, materials, copy and are subject to the College’s
prior written approval before implementation and/or distribution.
Marketing services shall include the monitoring and adjustment of the marketing plan
for each program over time. CUNY Online will have its own marketing, and the plan
for marketing each College-based program must utilize branding that promotes the
College-specific program/s and links them to the promotion of CUNY Online.
Recruitment services will include:
A full recruitment plan for Colleges and individual programs; and
Enrollment functions, including lead generation, lead tracking, assisting
prospective students with the application process, notifying prospective students
about key deadlines, managing admissions notifications, providing
enrollment/registration assistance, and developing communication
strategies/touch plans.
Recruitment services shall include the monitoring and adjustment of the plan for each
program over time. The identification and coordination of College-based existing
online enrollment management services, such as library services, counseling, etc. into
planning is assumed. The Contractor must have a clear understanding of the admission
requirements of the academic programs for which it is recruiting and must recruit
students who meet the criteria. Each College will solely determine which students are
ultimately admitted into its degree programs.
b. Student Services
Online students need a suite of services (administrative, technical, and instructional)
that contribute to positive learning experiences and outcomes. In addition to facilitating
admissions and registration (which are included in the recruitment services section
above), online programs will need to create or adapt student services for the online
environment as determined by the individual College.
Page 17 of 89
Responding proposals shall include strategies and solutions for providing:
i. Academic Support Services. The Contractor will design strategies and provide
tools to the Colleges for the Colleges to provide services for a fully online
environment: new student orientation (including an orientation to the specific
online degree program and to the technical navigation of online courses in
general), academic advisement, and academic tutoring;
ii. College Support Services. The Contractor will design strategies and provide tools
to the Colleges to provide the following student services for a fully online
environment: financial aid, course registration, bursar services (i.e. tuition
payment), mental health services, etc.; and
iii. Technical and Navigation Support Services. Technical support services must be
made available to students, staff, and faculty 24 hours per day and seven days per
week.
iv. Vendor must propose “online student verification system” to confirm student
identity for participation and assessment.
v. Student Retention Services. The Contractor will outline strategies and
implementation solutions for monitoring student performance during and at the end
of each term. The Contractor will report student progress and manage necessary
interventions, based on appropriate student data gathering procedures and in
consultation with the relevant College.
Services must be launched in a systematic, holistic manner; delivered by the Contractor
and designed to be assumed by the College. Services should also leverage existing
College and CUNY resources. The Contractor shall recommend means of adapting and
integrating existing tools to serve online students. Such adaption and integration
strategies are preferred over the creation of new tools, except when newly created tools
are needed to serve the distinct needs of online students.
In some instances, a College may have existing resources that should be leveraged
and/or incorporated into student services solutions designed by the Contractor. This
will be made clear in the specific SOS. At its option, through a SOS under the
contract, the CUNY Central Office (and/or a group of Colleges) may require the
Contractor to offer certain student services, including technical and navigational
support services, through a shared service model. In that situation, the
Contractor would provide these services for all (or the designated subset of)
online academic programs.
c. Instructional Design and Faculty Professional Development
CUNY faculty need appropriate curricular and faculty development opportunities to
ensure their readiness for the development, delivery and oversight of effective online
courses. They should also be able to learn best practices as well as the most advanced
techniques and trends in online learning.
The Contractor shall deliver faculty development workshops, both in-person and
online, and/or other appropriate opportunities that cover pedagogical techniques
appropriate for the online setting as well as the most advanced trends in online learning.
Page 18 of 89
The Contractor and the College will mutually agree on the appropriate curriculum for
the faculty workshops based on the needs of the faculty, the nature of the degree
program, and other relevant factors. Topics to be covered may include but are not
limited to:
• heightened interaction with content and between instructors and among students
participating in online learning,
• careful monitoring of academic integrity, including how to develop student
assignments that promote academic integrity,
• use of online labs and simulations,
• global classroom partnerships,
• incorporation of web resources,
• adaptive learning design, and
• applications and collaborations that take students beyond the classroom and into
real-world.
The Contractor must be prepared to offer both general faculty development in online
learning as well as more specialized professional development specific to special
disciplinary, clinical, or unique circumstances.
The Contractor must also offer instructional design consulting to assist faculty with
course site development. Online courses should exploit rich media like the use of video,
and must comply with accessibility requirements of the ADA. Instructors of online
programs need clear methods for assessing the effectiveness and ensuring the ongoing
improvement of online instruction, including procedures for periodic course site review
and refresh. While it is not anticipated that the Contractor will be involved in
assessment activities, courses must be designed with the understanding that courses
will be periodically curated, refreshed, assessed, and improved.
The Contractor shall make available to faculty on-call access to technical support
services and online point-of-need tutorials on a 24-hour per day, 7-day per week
schedule.
Responding proposals shall describe how the Contractor can best meet CUNY’s
instructional design and faculty professional development needs consistent with the
aims described above. CUNY faculty will always be responsible for the academic
content of courses as well as for the delivery of the instruction. Proposals will explain
how the Contractor can assist faculty with the conversion and/or creation of their
courses to the online format and shall explain the content and format of faculty
professional development workshops that it can offer consistent with the specifications
above.
d. Consultancy Services
In addition to the services outlined above, proposals shall outline options for
consultancy services. Colleges that may be largely ready to mount or launch online
programs may nevertheless need consultation on best practices (in accordance with
Page 19 of 89
points I, II, and III in the Scope of Work). The University as a whole may need guidance
to smooth implementation and to ensure integration. The Contractor shall propose a
suite of services to assist Colleges in the following areas: strategic advice related to
launching online degree programs, web design and other resources to assist the
Colleges with their own online portals or gateways, and other relevant services.
2.5 Insurance
Contractor must procure and maintain the following minimum insurance coverage (the
“Required Coverage”) with companies satisfactory to CUNY at no additional cost to
CUNY:
a. Workers’ Compensation Insurance: Statutory Workers’ Compensation
limits as required by the New York State Law on behalf of all employees of
Contractor providing services to CUNY.
b. Employer’s Liability Insurance: $1,000,000 per accident on behalf of all
employees of the Contractor providing services to CUNY and for whom
Workers’ Compensation coverage is not a statutory requirement.
c. Commercial General Liability: $1,000,000 combined single limit for bodily
injury and property damage, with an aggregate minimum of $3,000,000.
Such insurance shall name the University, the City of New York, and the
State of New York, and such additional persons or entities required by the
University from time to time, as additional insureds.
d. Automobile Liability Insurance: $1,000,000 combined single limit per
accident for bodily injury and property damage
e. Professional Liability/Errors and Omissions and Internet Policies:
Coverage for professional services, security and privacy, in an amount not
less than $10,000,000 per occurrence.
f. Umbrella or Excess Liability Insurance: Coverage of not less than
$5,000,000.00. Such insurance shall name the University, the City of New
York, and the State of New York, and such additional persons or entities
required by the University from time to time, as additional insureds.
g. Cyber Security Insurance: Coverage of $10,000,000.00
Page 20 of 89
3. PROPOSAL FORMAT AND CONTENTS
3.1 General Procedures
To be responsive to this RFP, and for the purposes of evaluation, each Proposal must consist of
the following parts, as further described below:
Cover Letter;
Technical and Management Proposal - Volume I; and
Price Proposal - Volume II.
3.1.2. Volume I and Volume II of the Proposal must be complete so the evaluation of both
Volume I and Volume II can be accomplished independently and concurrently, and the
Technical and Management Proposal can be evaluated strictly on the basis of its merits.
Price information is not to be included in the Volume I submittal.
3.1.3 Information shall be consistent across submitted documents. CUNY reserves the right to:
reject Proposals submitted with conflicting information; and
view non-compliance with this section or failure to provide information and/or required
forms as non-responsive.
3.1.4 CUNY will protect confidential and proprietary information from disclosure to the extent
permitted by the Freedom of Information Law (“FOIL”), Article 6 of the Public Officers
Law. Accordingly, Proposers should identify those page(s) of their Proposal which they
believe contain such information as “confidential and proprietary.” In addition, Proposers
need to explain the reason(s) why this information should be considered exempt from
public disclosure under FOIL. Include the identification of pages that contain
“confidential and proprietary information” and the reasons for exemption of such
“confidential and proprietary information” in the Cover Letter of the Proposal.
3.1.5 Proposers are not required to provide Proposal Security.
3.1.6 Proposers must submit a complete Proposal in response to the RFP, using the format
defined herein. Proposers must tabulate and paginate their Proposals, and clearly mark
sections with the Section number to which they are responsive.
3.2 Cover Letter
The Proposer must submit the Cover Letter on official business letterhead. The Cover Letter must
include the following:
3.2.1 The signature of an official authorized to bind the Proposer.
3.2.2 A statement certifying that the Proposal, including the technical and price components,
shall remain valid for at least 270 calendar days.
Page 21 of 89
3.2.3 A statement that the Proposer and any subcontractor(s) meet all the minimum qualifications
described in the RFP applicable to them, respectively (see Section 1.4).
3.2.5 A statement that explicitly sets forth any issues a Proposer has, or anticipated difficulty
with any legal requirements as identified in this RFP and its attachments. CUNY will not
negotiate any issue with a prospective awardee if the issue is not raised in this Cover Letter.
CUNY reserves the right to modify, supplement, or replace the Contract terms, reject any
or all issues raised by the Proposer and to require full acceptance of the terms of the RFP
(see Attachment B for further details as it or any portion thereof may be modified,
supplemented or replaced by CUNY).
3.2.6 A statement affirming that neither Proposer nor any individual assigned to provide the
Services to CUNY have any conflicts of interest with CUNY, or their respective governing
bodies, committees or employees. If Proposer cannot provide such a statement because of
a conflict of interest, it shall instead state the nature of the conflict and describe the
provisions that will be made to address the conflict.
3.3 Volume I: Technical and Management Proposal
Volume I must contain the information and be structured as described in this Section 3.3 (the
Technical and Management Proposal”).
The Proposer must submit a package with two (2) paper copies and one electronic copy (in PDF
format) on a flash drive of Volume I, each clearly labelled with the Proposer’s name and the words
“CUNY Online RFP Volume I — Technical and Management Proposal.” Proposals must be
securely sealed and clearly labeled. Any package containing Volume I copies must be clearly
marked with the words “CUNY Online RFP, Volume I — Technical and Management Proposal.”
Package Volume II must be packaged separately from Volume I in any Proposal package
submitted.
3.3.1 Title page
Include the following information: Name, address, email and phone number of the
Proposer including a contact person, and name of the person(s) who prepared the Proposal.
3.3.2 Table of Contents
3.3.3 Exclusivity
a. A statement indicating whether your firm is willing or not willing to provide exclusive
online educational services to CUNY in the New York City Tristate area (New York,
New Jersey and Connecticut).
b. If firm is not willing to provide this exclusivity, provide a list of your firm’s higher
education clients in the tristate area and explain how it plans to manage potential
conflicts of interest among its clients.
Page 22 of 89
3.3.4 Organizational Strength:
a. Provide a brief history of your firm’s organization and its performance to date, noting
key milestones, challenges, and successes along with a statement and analysis of your
firm’s organization going forward, including its goals, strategic outlook, projected
growth, etc.
b. Provide a biography and/or resume for each key executive and functional leader,
including personnel who would have direct contact with or provide service to the
University. Indicate the roles they would play and outline their experience in
marketing, designing and/or supporting online learning programs. For each, please
include length of tenure with your organization and a copy of each’s resume.
c. Provide a staffing plan for the proposed individuals above, and proposed level of effort
for five years.
d. Provide documentation of the firm’s organizational structure and how it is designed to
work with its other university partners. This documentation should include
organizational charts and the number of employees.
e. If you propose using subcontractors for any part of the Services, provide comparable
information as that required in a – d above for each proposed subcontractor.
3.3.5 Experience:
a. Provide a list of university clients (at least three) that your firm and/or principals
currently serve or have served within the last 3 years, and the academic programs
supported at these institutions.
b. For each of the university clients listed in the response above, provide a table
demonstrating the total number of students per year for the last five years that have
enrolled in online programs at these universities based on your organization’s
recruitment efforts.
c. Provide an overview of service capabilities by documenting your firm’s approach and
expertise in providing comprehensive online program management. In your response,
be sure to note those areas where you believe your organization offers a unique or
differentiated approach to your competition. Provide samples of your market research
and marketing campaigns.
d. Provide three case studies that showcase the success of your university clients’ online
programs. Examples may include work performed by members of your organization's
management team while previously serving at other firms who also provided online
degree programs. In these cases, please include a detailed account of which team
members were involved and what their specific roles were in the university clients’
engagement. For each case study, provide detailed information, including:
i. History and timeline (i.e., specific dates) of the relationship;
Page 23 of 89
ii. Business model (details of services provided by vendor);
iii. Marketing and recruitment strategies;
iv. Enrollment growth (by year, by program);
v. Retention and graduation rates (by cohort, by program);
vi. Other quantitative metrics of institutional/student success that are tracked by your
organization; and
vii. Other qualitative outcomes that have benefitted your partner university as a result
of the partnership.
f. Discuss your firm’s years of experience offering a complete end-to-end suite of
online services. Provide clear documentation affirming the minimum requirement of
five years of experience by your firm or by the principals of your firm.
3.3.6 References:
Provide names and contact information for references at three universities with which your
organization currently works. Include, at a minimum, the name of the individual, title of the
person, the institution, email address, and phone number. Complete Attachment C for each
of the references that you provide.
3.4 Volume II –Price Proposal and Contract Submittal
3.4.1 The Proposer must submit a package with two (2) paper copies of Volume II clearly
labelled with the Proposer’s name and the words “ CUNY Online RFP, Volume II — Price
Proposal.” All copies of Volume II must be packaged separately from Volume I. Proposals
shall be securely sealed and clearly labeled. Any outside packaging containing Volume II
copies must be clearly marked with the words “CUNY Online RFP, Volume II —Price
Proposal”.
Volume II of the Proposal consists of two sections (collectively, the “Price Proposal”): (1)
a price proposal which sets forth the fee(s) to be charged per type of service (see
Attachment D); and, (2) the contract section which specifies the Proposer’s acceptance of
terms and conditions contained in Attachment B to this solicitation. Each Price Proposal
is required to contain the following elements:
a. Complete and sign the Proposal Price Breakdown Pages (Attachment D) to
identify the cost that will be in effect for the term of the contract.
b. Tax Exemption. CUNY is exempt from the payment of all state, local sales and
use taxes; the price proposal shall not include the amount of any such taxes.
c. Terms and Conditions of Contract; RFP Addenda
Page 24 of 89
- Acceptance of Terms and Conditions: The Proposer shall specifically state its
acceptance of all Terms and Conditions of the Contract (Attachment B) to this
RFP). Proposers shall complete and submit the “Information and Certifications
Form”, included as Attachment E to this RFP, to indicate their acceptance of
the Contract’s Terms and Conditions.
Any exceptions or deviations taken to Attachment B must contain sufficient
amplification and justification to permit evaluation. The benefit to CUNY shall
be explained for each exception taken. List any exceptions on a separate
sheet(s) of paper and attach to this form. Such exceptions will not, of
themselves, automatically cause a Proposal to be termed unacceptable.
However, a large number of exceptions, or one or more significant
exceptions (as determined by CUNY), may result in rejection of such
Proposal as unacceptable.
- RFP Addenda Acknowledgement Forms: Included with any and all future
addenda to this RFP, if any, will be Acknowledgement forms. All Proposers
must have an authorized representative of the firm (or organization)
acknowledge receipt and acceptance of each of the Addenda by including a
signed copy of the form(s) with their Part II Price and Contract Submission.
3.4.2 Proposer shall submit with its Price Proposal the following documents, completed and
signed, by an authorized representative of Proposer, in the format attached to this RFP or
as may be otherwise required by CUNY:
A) Proposal Information and Certifications Form (Attachment E)
B) Compliance with Procurement Lobbying Act (PLA) forms (Attachment F)
All Proposers should visit the following web site for more information on the PLA:
http://www.ogs.ny.gov/acpl. Filing the two required forms is mandatory for all Proposers
in order to be considered for Contract award (see Attachment F for the forms). The
required forms are:
● Offerer’s Affirmation of Understanding of and Agreement pursuant to State Finance Law
§139-j (3) and §139-j (6) (b); and,
● Offeror Disclosure of Prior Non-Responsibility Determinations
NOTE: Failure to submit the required PLA forms with your Price Proposal will result in
elimination from consideration for Contract award.
Use Contract Number UCO 657 wherever requested in the forms. Please e-mail the person
identified as the designated contact for this RFP in the Administrative and Legal
Specifications, Section 5.2, if you have any questions regarding how to complete this
required forms.
Page 25 of 89
Per the Procurement Lobbying Act of 2005, any person who wishes to contact CUNY
regarding this Project during the restricted period (i.e. from advertisement through
designation), may only contact the designated contact noted in Section 5.2.1.
C) Diversity Practices Questionnaire (Attachment G)
Page 26 of 89
4. PROPOSAL EVALUATION
4.1 Overview
4.1.1 Proposal Evaluation shall be administered by CUNY’s Office of the University Controller
(OUC).
4.1.2 Proposers are required to submit all documents with their Proposals.
4.1.3 Proposals will be evaluated by the University using a best value award method (see 4.1.8)
based on the technical and price criteria described below. Technical considerations are of
greater importance than pricing considerations; however, price is a significant factor in the
University’s evaluation of proposals. Technical proposals will be scored based on the
information provided under Section 3.3 (Volume I: Technical and Management Proposal)
above in accordance with the pre-established criteria listed in Section 4.1.9 (Proposal
Scoring) below. The Price Proposal will be point scored in accordance with the pre-
established criteria listed in Section 4.1.9 below.
4.1.4 Proposal evaluation will be accomplished by a representative committee (“Committee”)
composed, as appropriate, of technical, program and management personnel. Committee
members will score each proposal individually and then meet as a group to discuss and
short list the Proposals. Evaluators will be allowed to revise scores on the basis of
committee discussions.
4.1.5 Proposers responding to this RFP may be requested to clarify issues or to provide additional
insights into their Proposal through written clarifications and/or oral presentations and
demonstrations. If written clarifications are required to complete the technical evaluation
of Proposals, evaluators will be allowed to revise their technical scores based on this
additional information. Oral presentations and demonstrations will be held for short-listed
proposers (see Section 4.1.9) at the University’s offices located in New York City at a date
and time to be determined by CUNY. The University reserves the right to request best and
final offers from short-listed proposers.
4.1.6 An award shall be made to the Proposer whose proposal receives the highest total proposal
score after considering the technical, price and oral evaluation factors.
4.1.7 Debriefings
At the conclusion of the evaluation period, all Proposers will be notified of their respective
standing on this solicitation. Unsuccessful proposers may request a debriefing of their
Proposal by sending a request in writing, postmarked within 15 calendar days of being
notified of being unsuccessful, to the designated contact for this solicitation (see Section
5.2 for the name and address of the contact).
Page 27 of 89
4.1.8 Best Value Award
CUNY shall award this Contract, if at all, on the basis of best value to a responsive and
responsible offerer as these terms (“best value”, “responsive” and “responsible”) are
defined by New York State Finance Law Article 11, Section 163 and in accordance with
the terms and conditions of this RFP solicitation.
4.1.9 Proposal Scoring
The proposals will be evaluated using the following approach and scoring system:
Table 1, Proposal Scoring Criteria and Weights
Step Title Scoring
Method
Subsection
Score
Maximum
Section
Score
Maximum
Points
out of
100
1 Minimum Requirements Review Pass/Fail N/A
Minimum Requirements Pass/Fail
2 Technical and Management Proposal Scored 65
(a) Exclusivity 5
(b) Organizational Strength 20
(b) Experience 25
(c) References 10
(d) Diversity Practices Questionnaire
Completion
5
3 Price Proposal Scored 20 20
4 Oral Presentation Scored 15 15
Total Score Scored 100
Step 1: Pre-Screening (Pass/Fail)
CUNY will conduct a Pre-Screening of each Proposal to ensure all content has been submitted in
accordance with the RFP and that Proposers meet the Minimum Qualifications outlined in Section
1.5 of this RFP. Those Proposers whose Proposals do not include all required content will be
deemed non-responsive, unless CUNY deems such omissions non-material. CUNY will notify
non-responsive Proposers in writing.
Step 2: Technical Scoring (65 Points)
a. Members of the Committee will score each Technical and Management Proposal individually
and then meet as a group to discuss the Technical and Management Proposals. Committee
Members will be allowed to revise their original scores on the basis of Committee discussions.
Page 28 of 89
The average Technical Score for each Proposal will consist of the sum of each Committee
Member’s Technical Score divided by the number of Committee Members with a maximum
score of sixty (60) points (excluding the scoring for the Diversity Practices Questionnaire).
b. The Office of the University Controller will perform scoring of the Diversity Practices
Questionnaire. The Diversity Practices Questionnaire will be scored on the points system as
indicated on the form. The total score received for each Proposal will be proportionally
converted for a maximum of up to five (5) points.
Each Proposer’s Diversity Practices Questionnaire score will be added to the respective
Technical Score, and will constitute a part of the Technical Score.
Step 3: Volume II: Price Proposal Scoring (20 Points)
The Office of the University Controller will perform scoring of the Price Proposals. Proposed
price for Years 1 through 5 of the Contract for the Proposer will be used for calculation purposes.
The Proposer team with the lowest five-year proposed price for all Services to be administered
will receive the maximum Price Proposal Score of twenty (20) points and higher proposed prices
will receive proportionately lower Price Scores.
Step 4: Total Score (85 Points)
The Office of the University Controller will add the average Technical Score to the Price Score
for each Proposer team to arrive at each Proposer’s Total Score. The Proposer team with the
highest Total Score and the next three highest scoring Proposer teams will be designated as the
Short-Listed Proposers, if they are all within ten (10) points of the highest Total Score.
Step 5: Oral Presentation and Demonstration (15 points)
The Short-Listed Proposers will be required to provide an Oral Presentation to the Committee.
The Committee will conduct an Oral Presentation with each Short-Listed Proposer (see Step 4
above) at a CUNY facility in New York City. The Committee will evaluate a Short-Listed
Proposer’s Oral Presentation and award a score with a maximum of fifteen (15) points based on
the following criteria:
The capabilities of the Proposer’s staff that will lead the engagement.
Examples of previous projects of a similar nature.
Ability to answer questions regarding their proposal
Step 6: Calculation of Short-Listed Proposer’s Total Proposal Score.
The Total Score for a Proposal is the sum of the Short-Listed Proposer’s Technical, Price and Oral
Presentation Scores for a possible maximum Total Proposal Score of one hundred (100) points.
CUNY reserves the right to request Best and Final Offers (“BAFOs”) from those Proposals
receiving an Oral Presentation. Should CUNY exercise this right, CUNY will request a BAFO
from each Short-Listed Proposer.
Page 29 of 89
CUNY will revise the Technical and Management and Price Scores of the Short-Listed Proposers,
as necessary, based on information submitted in their BAFOs and using the criteria in Section 4.2
above.
CUNY will award a contract, if at all, pursuant to Section 4.1.8 above.
4.2 Recommended Proposer
The Proposer with the highest combined Total Score for Round Two (the “Round Two Total
Score”), after summing of BAFO and Oral Presentation Scores, as calculated using the methods
above, for a maximum of 100 points may be recommended by the SCI to the University for contract
award, if at all.
Page 30 of 89
5. ADMINISTRATIVE AND LEGAL SPECIFICATIONS
5.1 Proposal Submission
5.1.1 The Proposal shall be signed by an official authorized to bind the Proposer.
5.1.2 Your proposal must be received by CUNY by 2:00 pm (Eastern Standard Time) on the day
indicated in Section 1.9, Schedule of Key Events (above) (“Proposal Due Date”). The
Proposal must be addressed to:
The City University of New York
Office of Budget and Finance, 5th Floor
230 West 41st Street
New York, NY 10036
Attention: UCO 657
CUNY Online
5.1.3 Proposers assume all risks in connection with timely, properly delivered Proposals. Proposers
are strongly encouraged to arrange for delivery of Proposals prior to the Proposal Due Date.
a. The University accepts no responsibility for Proposals left at any other location.
b. The University accepts no responsibility for Proposals that are sent by mail or by
courier.
c. Proposals received after the Proposal Due Date will be returned unopened,
d. Proposals that are transmitted by facsimile (fax) or e-mail are not acceptable and will
not be considered.
5.2 Inquiries and Information
5.2.1 All questions concerning this solicitation must be directed to the Designated Contact, Caron
Christian by e-mail at [email protected].
5.2.2 Proposers are reminded that from the date this RFP is advertised until a Contract is signed,
NO contact is permitted regarding this solicitation with any CUNY or Related Entity staff
except with the designated contact named above. Any unauthorized contact by a vendor may
result in the rejection of its Proposal.
5.2.3 The last date to submit questions for this solicitation is indicated in Section 1.9 Schedule of
Key Events. Questions must be submitted by email to the address below:
Email: [email protected]
5.2.4 All clarifications, corrections, interpretations, additions, amendments, and answers to all
questions of a substantive nature, as well as copies of the questions, will be given in writing
by the University as an addendum to the RFP (“Addendum”) and will be sent by email,
facsimile, or courier to each entity recorded as having requested a copy of the RFP. The
Addendum shall become a part of the RFP and be binding on all Proposers. No clarifications,
Page 31 of 89
corrections, interpretations, additions, amendments, or answers other than those given by the
University in writing in the form of an Addendum shall be binding.
5.3 Withdrawal of Proposal
5.3.1 A Proposer may withdraw its Proposal at any time before the Proposal Due Date; thereafter,
a Proposer may withdraw its Proposal only after the expiration of 270 calendar days from
the Proposal Due Date and prior to any actual award. A request to withdraw a Proposal
shall be made in writing and delivered to the Proposal submission location described in
Section 5.1 above.
5.3.2 Upon discovery of a material error by the Proposer or notification of a material error by
CUNY, the Proposer may decide that they do not wish to have the evaluation of their
proposal continue. Such request for a withdrawal of their Proposal must be received in
writing from the person who signed the Proposal within 3 business days of such discovery
or notification. CUNY shall retain the sole right to determine whether to grant such request
for withdrawal of the Proposal and will respond in writing to the Proposer with its decision.
5.4 General Conditions
5.4.1 This RFP is being conducted in compliance with all requirements of applicable New York
State laws, including without limitation New York State Finance Law §139-j and §139-k,
and University regulations. This RFP is intentionally structured with broad guidelines and
few mandated components in order encourage competition.
5.4.2 Proposers shall not make any changes to the documents of this RFP. All Proposers are
required to submit Proposals in response to the same terms and conditions. Attempts to
make changes to the RFP documents may render a Proposal non-responsive. Changes to
the RFP documents by others are not binding on the University.
5.4.3 Unless exceptions or deviations are so indicated in the Cover Letter, CUNY will assume
that a Proposer agrees to the Terms and Conditions. CUNY reserves the right to accept or
reject any exceptions or deviations a Proposer may suggest.
5.4.4 Proposers are expected to have assessed the conditions that may affect the services to be
provided. Proposer shall be conclusively presumed to have full knowledge of any and all
conditions affecting in any way the performance of the work to be performed under the
Contract that were or should have been discovered by a reasonably prudent proposer. It is
each Proposer’s responsibility to familiarize itself with relevant facilities at the University,
and Proposer assumes full responsibility to provide goods and/or services as specified
herein that meet the Contract requirements for the Proposal Price.
5.4.5 All Proposals, upon submission to CUNY, shall become its property for use as deemed
appropriate.
Page 32 of 89
5.4.6 By submitting a Proposal, the Proposer covenants not to make any claim for or have any
right to damages because of any misinterpretation or misunderstanding of the specification,
or because of any misinformation or lack of information.
5.4.7 In accordance with New York State Finance Law, Section 163, contract award is made on
the “basis of best value to a responsive and responsible offerer”. All selected offerors of
contracts valued at $100,000 or more will be required to provide vendor responsibility
information to CUNY before negotiation of a contract. CUNY recommends that vendors
file the required Vendor Responsibility Questionnaire online via the New York State
VendRep System. To enroll in and use the New York State VendRep System, see the
VendRep System Instructions at http://www.osc.state.ny.us/vendrep/vendor_index.htm or
go to the VendRep System online at https://portal.osc.state.ny.us. Vendors must provide
their New York State Vendor Identification Number when enrolling. To request
assignment of a Vendor ID or for VendRep System assistance, contact the Office of the
State Comptroller’s Help Desk at 866-370-4672 or 518-408-4672 or by email at
[email protected]. Vendors opting to complete a paper questionnaire can obtain
the appropriate questionnaire from the VendRep website www.osc.state.ny.us/vendrep or
may contact CUNY or the Office of the State Comptroller’s Help Desk. CUNY reserves
the right to require a hard copy of vendor responsibility forms (as may be provided by
CUNY) from Proposers for solicitations valued in excess of $100,000, any such forms shall
be submitted within ten (10) days of CUNY’s request.
5.4.8 Proposers should be aware that per Section 5-a of the NYS Tax Law, all vendors selected
for contracts in excess of $100,000 for the sale of goods or services must complete and
submit (Contractor Certifications) Form ST-220-TD to the State and Form ST-220-CA to
the University. Proposers can view these forms by visiting the following Web sites:
http://www.tax.ny.gov/pdf/publications/sales/pub223.pdf
http://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf
http://www.tax.ny.gov/pdf/current_forms/st/st220td_fill_in.pdf
5.4.9 Any contract entered into pursuant to an award of this solicitation shall contain a provision
which grants the option to extend the terms and conditions of such contract to any other
State agency in New York. However, any response to this solicitation shall be based solely
on the purpose of this solicitation and shall not factor in the possibility that this contract
may, in the future, be applicable to other State agencies. Please be advised that any award
made pursuant to this solicitation shall be based on the specific requirements of this
solicitation only.
5.4.10 Under no circumstances shall CUNY be liable for any costs incurred by Proposers in
preparation and/or production and/or negotiation of a Proposal; for attending Proposers’
conferences and/or site visits, for the preparing or attending an Oral Presentation; or for
any Services performed prior to that date set forth in the notice of award CUNY sends to
the Proposer awarded the Contract.
Page 33 of 89
5.4.11 Receipt of a Proposal by CUNY does not indicate that the University has reviewed the
Proposer’s qualifications to receive a contract award. The University shall review the
Proposal and make a determination of each Proposer’s qualifications to receive a contract
award after the Proposal Due Date. There will not be a public opening of Proposals.
5.4.12 Issuance of this RFP does not commit the University to award a contract for any services.
5.4.13 Any contract award shall be subject to all required internal and external oversight
approvals, including, as applicable, approvals by the University’s Board of Trustees, the
Office of the New York State Attorney General, the Office of the New York State
Comptroller, the New York City Law Department, and the Office of the New York City
Comptroller, and shall be contingent on the availability of funds. The University shall have
no obligation or liability whatsoever to the Proposer selected as result of this solicitation
unless and until a contract satisfactory to the University is approved and executed by the
Proposer and all necessary State officials, if any.
5.4.14 By signing and submitting a Proposal, Proposer is affirming that it has read the RFP,
including but not limited to the Terms and Conditions of Contract (Attachment B), accepts
its terms, and is able and willing to sign the Contract if its Proposal is selected, subject only
to any changes negotiated and agreed to by both parties. The Terms and Conditions,
together with the contents of the selected Proposal, any Addenda, including any formal
questions and answers provided during the evaluation process, shall be incorporated into
and comprise the Contract.
5.4.15 The selected Proposer shall possess the requisite business integrity justifying the
confidence of CUNY; to adhere, throughout the duration of the Project, to the highest
standards of business conduct and professional responsibility by fulfilling its obligations
under the resulting Contract, and as required under Section 139 (j) and (k) and 163(9)(c)
of the State Finance Law.
5.4.16 Conflict between documents shall be resolved in the following order of precedence:
a. NYS Appendix A
b. Executed Contract with Contractor, including Attachment B – Terms and
Conditions of Contract
c. Section 2 of this RFP – Contract Responsibilities
d. Other documents and information issued by the University
e. Information submitted by Proposer, including Contractor’s Proposal.
5.4.17 Any Contract award shall be subject to the submission of all documentation required by
CUNY, and receipt of all necessary governmental approvals. Proposers shall complete,
sign, and submit within ten (10) days of CUNY’s request any documentation required by
CUNY, which may include, without limitation, the documents listed in a-h below. Failure
Page 34 of 89
to timely provide any such documentation in form and substance acceptable to CUNY shall
be grounds for rejection of a Proposer’s proposal.
a. New York State Vendor Responsibility Questionnaire
b. Tax Law §5-a, Form ST-220-CA and ST-220-TD - Contractor Certification
c. New York State Outsourced chief investment officer Services - Planned
Employment Forms for Outsourced chief investment officers
d. New York City Vendor Qualification Questionnaire (VENDEX)
e. New York City Principal Questionnaire (VENDEX)
f. Executive Law Article 15-A - Minority and Women-Owned Business Enterprises
and Equal Employment Opportunity Policy Statement
g. Executive Law Article 15-A - Equal Employment Opportunity Staffing Plan
h. Evidence, in form and substance satisfactory to the University, that Contractor
maintains worker’s compensation and disability insurance coverage required by the
New York State Workers’ Compensation Law.
5.4.18 Contractor shall not make any statement to the press or issue any communication or
publication bearing on the Work performed or data collected under this Contract.
5.5 Reservation of Rights
In addition to any other rights described in this RFP, CUNY reserves the following rights:
5.5.1 to accept or reject any or all Proposals, including without limitation to reject a Proposal if:
a. the Proposer does not provide any part of the information or documents required
by the RFP;
b. the Proposer misstates, misleads, or conceals any material fact in its Proposal or at
any time in connection with this RFP;
c. the Proposal is not in compliance with law;
d. the Proposal is not responsive to the requirements of this RFP or the requirements
of the Contract terms and conditions;
e. any part of the Proposal, such as the Price Proposal, is conditional;
f. the Proposal, in the opinion of CUNY, contains unbalanced prices; or
g. a determination that the Proposer is not “responsible” (as defined by law) is made
in accordance with law or CUNY regulations.
5.5.2 to re-issue a solicitation;
5.5.3 to correct any arithmetic errors in any or all Proposals;
5.5.4 to use or adopt any or all of a successful Proposer’s Proposal;
Page 35 of 89
5.5.5 to negotiate modifications to the scope, Contract terms and conditions and fee with the
selected Proposer prior to contract award;
5.5.6 to reject Proposals containing material deviations (as that term is construed by New York
State law), and/or (b) permit Proposer(s) to amend one or more non-material items in their
Proposal(s) to comply with this RFP and/or (c) waive or modify minor irregularities in
Proposals;
a. In the event of a discrepancy between the Proposal Price as stated in words and as
stated in numbers, or as stated on any other part of a Proposal, the University
reserves the right to deem the lower price to be the Proposal Price.
a. In the event of an arithmetic error in Proposer’s multiplication of the unit price by
the quantity of that item specified, University reserves the right to make the
arithmetic correction and deem the corrected amount the Proposal Price.
5.5.7 to seek clarifications concerning Proposals;
5.5.8 to amend the RFP after its Release Date upon appropriate notification;
5.5.9 to issue Requests For Additional Information (“RFAIs”) to Proposers;
5.5.10 to require Short-Listed Proposers to attend Oral Presentations and Demonstrations;
5.5.11 to issue additional questions to Short-Listed Proposers, the answers to such questions shall
be returned to CUNY in writing and become part of the Short-Listed Proposers’ Proposal;
5.5.12 to allow evaluators to include in their final score evaluation of Answers to Required
Questions and such additional materials as Proposers provide;
5.5.13 to contact some or all Proposer references during the Proposal Evaluation process;
5.5.14 to ask Short-Listed Proposers for Best and Final Offers in addition to the BAFO’s received
as part of Round Two;
5.5.15 to terminate negotiations with a prospective awardee if negotiations of legal terms and
conditions compliant with Section 5.4.3 and 5.5.5 above are unsuccessful;
5.5.16 upon terminating negotiations as per Section 5.5.15 above, to negotiate with the next
highest Short-Listed Proposer.
5.6 Consultant Employment Disclosure Forms
Proposers may refer to Chapter XI.18.C (Consultant Disclosure Legislation) of the New
York State Guide to Financial Operations, available at the State Comptroller’s Web site
<http://www.osc.state.ny.us/agencies/guide/MyWebHelp>, to become familiar with
Page 36 of 89
Consultant Employment Disclosure requirements. OCIO selected as a result of this
solicitation shall be required to complete the ‘State Consultant Services – Contractor’s
Planned Employment” form required by CUNY and submit it when their contract is signed.
For each contract year thereafter, the OCIO shall complete the “State Consultant Services
Contractor’s Annual Employment Report” for required by CUNY and submit copies to the
Office of the State Comptroller, the University of Civil Service, and the City University of
New York on or before May 15th of each year the contract is in effect.
5.7 Vendor Responsibility When Proposing to Use a Former CUNY Employee
It is the Proposer’s responsibility to ensure they propose staff that is eligible to work on the
subject project. Under the attached procedures, before the vendor proposes a former
CUNY employee, the individual must obtain an opinion from the New York State Ethics
Commission that approves their participation in the subject project. For an outline of the
procedure that applies to this situation, see Attachment A.
5.8 Additional Terms and Conditions of the Contract
5.8.1 ADA Compliance. Contractor represents and warrants any portal, gateway, landing page,
website or other web interface designed or created by Contractor in performance of the
Services and this Contract (collectively, the “Web Interface”), including any updates and/or
upgrades, shall at all times during the term of this Contract, including any renewals, comply
with Section 508 of the Rehabilitation Act, Section 504 of the Rehabilitation Act, the
Americans with Disabilities Act of 1990, as amended, and NYS Policy NYS-P08-005
(Accessibility of Web Based Information and Applications). Each such web interface must
allow a person with a disability to acquire the same information, engage in the same
interactions, and enjoy the same services as a person without a disability, in an equally
effective and integrated manner, with substantially equivalent ease of use, and satisfy Web
Content Accessibility Guidelines 2.0 level AA.
5.8.2 Data Security.
a. Contractor shall stay aware of and comply with: (i) security requirements and
obligations required by applicable Law; (ii) the CUNY Security Policies and
Procedures (currently located online at
http://www.cuny.edu/about/administration/offices/CIS/security/pnp.html)
including internet security policies and procedures; and (iii) Contractor’s security
standards, policies, guidelines and procedures, provided that the CUNY Security
Policies and Procedures shall take precedence over any inconsistencies or conflicts
with Contractor's security standards, polices, guidelines and procedures.
b. The Services may require Contractor to have access to certain personally
identifiable information regarding CUNY’s students. CUNY hereby appoints
Contractor as its agent for the sole purpose of assuming duties in connection with
the processing of student records that would otherwise be provided by CUNY. As
the agent of CUNY, Contractor is subject to and shall comply with the Family
Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99)
and its prohibitions against disclosure of personally identifiable information
Page 37 of 89
regarding students to third parties, except where permitted by the regulations of the
United States Department of Education. CUNY shall assure that any personally
identifiable information about its students not considered “directory information”,
as defined under FERPA, is appropriately designated in any information provided
by CUNY to Contractor.
c. CUNY reserves the right to add to the Contract additional data security
requirements and additional protections against potential liability arising from data
breaches, as necessary, in CUNY determination, based on the specific services to
be provided by the Contractor as set forth in Contractor’s Proposal and agreed
between CUNY and the Contractor.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Page 38 of 89
ATTACHMENTS
Page 39 of 89
ATTACHMENT A: CONTRACTOR’S RESPONSIBILITY WHEN
PROPOSING FORMER CUNY EMPLOYEES
Contractor’s responsibility when proposing former CUNY Employees
It is the contractor’s responsibility to ensure it proposes staff that is eligible to work on the
proposed project. It is an individual’s responsibility to comply with the Public Officer’s Law.
The following procedure applies if either of the following criteria is met.
It is two years or less between the date that the individual is proposed and the
individual’s date of separation from the State.
The individual proposed has worked on the project while employed by CUNY
regardless of how long ago they left CUNY.
Procedure
Before the contractor proposes an individual, the individual must obtain an opinion
from the New York State Joint Commission on Public Ethics that approves their
participation in the project as they are proposed.
A copy of this opinion must be on file in the contractor’s office and available for review
by CUNY if requested.
Failure to obtain New York State Joint Commission on Public Ethics approval for an
individual’s participation in a project may jeopardize the firm’s designation for that
project.
Page 40 of 89
ATTACHMENT B: TERMS AND CONDITIONS CONTRACT
THIS AGREEMENT is made by and between The City University of New York ("University") and the
vendor identified on the Contract Signature Page and in the State of New York Vendor Responsibility
Questionnaire attached ("Contractor").
In consideration of the mutual stipulations and covenants herein contained, University and Contractor agree
with each other as follows:
Section 1 - Definitions
The following words and expressions used in this Contract shall be construed to mean as follows:
1.1. "approved", "directed", "required", "specified", unless specifically stated otherwise, to mean
approved, directed, required, or specified, as the case may be, by the University through its
representative, the Business Manager
1.2. "Business Days" - Mondays through Fridays (excluding Saturdays and Sundays), excluding
holidays on which the College is officially closed
1.3. "Business Manager" - the business manager of the College acting either directly or through his/her
designated representative in any matter. If this is a University-wide contract, or one in which the
Work is performed for more than one College or University unit, then references to the "Business
Manager" shall be deemed to signify that person or persons designated by the University in writing
1.4. "City" - the City of New York
1.5. "College" - the College or the University’s Office of University Controller - University Contracting,
as named above, on behalf the constituent member of the University
1.6. "Comptroller" - the Comptroller of the City or State of New York, as applicable
1.7. "Contract" - see Section 2.1. below
1.8. "Contractor" - the second party named above
1.9. "Contract Price" - the price for which Contractor will deliver the Goods and perform the Services
as set forth on the Contract Signature Page
1.10. "Days" or "days" - calendar days
1.11. "Goods" - any goods, work products, supplies, materials, equipment, or processes to be furnished
to University under this Contract
1.12. "Laws" - all laws, regulations, rules, orders, requirements, and the like, of federal, state, and local
governments, courts, governmental authorities, legislative bodies, boards, agencies, commissions,
and the like
1.13. "Other Contractor(s)" - any vendor or contractor (other than Contractor) who has a contract with
the University or a university affiliated entity, or who has other authority to work on the Site
1.14. "OUC" - Office of University Controller - University Contracting
1.15 “OIRA” – Office of Institutional Research and Assessment
1.16. "Purchasing Office" - the Purchasing Office of the College or the University’s Office of Controller
- University Contracting
1.17. "Services" - the labor to be performed under this Contract
1.18. "Site" - the physical area where Goods and Services are to be provided and where Contractor may
provide any Work under this Contract
1.19. "State" - the State of New York
1.20. "University" - The City University of New York
1.21. "Work" - the Goods to be furnished and the Services to be performed pursuant to this Contract
Section 2 - Contract Documents
Page 41 of 89
2.1. This Contract includes the following documents: (1) these Terms and Conditions, the specifications,
exhibits, drawings, schedules, and appendices; (2) the Information from Contractor provided by Contractor
pursuant to Section 3 – Proposal Format and Contents, of the RFP; (3) questionnaires, amendments,
addenda and representations and affirmations of Contractor; (4) samples and any other information
submitted by Contractor; (5) insurance documents; (6) bonds; (7) New York State Appendix A - Standard
Clauses for All New York State Contracts, and all New York City, and New York State requirements
included in the Attachments to the RFP; (8) the advertisement(s); (9) notice of award; and (10) all other
terms and conditions of the RFP, including, without limitation, all attachments thereto.
2.2. The matters and items comprising this Contract, as set forth in Section 2.1 above, are intended to
mutually explain and complement one another. Any conflict between or among the separate elements, any
errors or omissions, or any doubt as to the requirements of the Contract, shall be resolved or corrected by
the University in writing. Contractor shall have no unilateral power to make any such resolutions or
corrections.
2.3. In cases of conflict between or among Contract Documents, the order of precedence shall be as follows:
1. NYS Appendix A
2. Executed Contract with Contractor, including these Terms and Conditions
3. Section 2 – Contract Specifics of the RFP
4. Other documents and information issued by University
5. Contractor’s Proposal
Section 3 - Contractor's Representations
3.1. Contractor has carefully examined the Contract, including, but not limited to, the terms and
conditions of the agreement and the specifications, and will perform the Contract faithfully following all
the terms and conditions thereof.
3.2. Contractor expressly undertakes, and agrees to fully comply with any and all laws, orders, or regulations
of any federal, state, or local authority or agency insofar as any of the same affect the execution, and
performance of this Contract and to notify the College promptly in writing of any such law, order, or
regulation that may be promulgated at any time during the course of the performance of this Contract that
may affect the Contract.
3.3. Contractor certifies, under penalty of perjury, to the best of its knowledge and belief that this Contract
and the representations contained herein, have been properly authorized by its governing body and such
authorization shall be deemed to include the signing and submission of the Contract and that Contractor is
of lawful age and the only one interested in this Contract and no person, partnership, corporation, or limited
liability company other than Contractor has any interest in this Contract.
3.4. Contractor hereby represents and warrants that the Contract Price was arrived at independently and is:
(a) in all respects fair; (b) made without collusion or fraud; (c) that no public officer or employee, University
officer or employee, or person whose salary is payable in whole or in part, directly or indirectly, from the
City Treasury or State Treasury, or a city-affiliated or state-affiliated entity, is directly or indirectly
interested in the Contract or in the Goods or Services to which it relates or in any portion of the profits
thereof.
3.5. Contractor certifies that the prices quoted herein are net and are exclusive of all federal, state, and local
sales or use taxes.
3.6. Contractor hereby represents and warrants that it has completed and submitted all required information
and documents and that all such information and documents in connection with this Contract, is true,
accurate, not misleading, and complete, including the information and documents in connection with:
a. The Office of State Comptroller’s State of New York Vendor Responsibility
Questionnaire.
b. State Tax Law 5-a (Form ST-220-CA and ST-220-TD).
c. Procurement Lobby Law, State Finance Law §§ 139-j and 139-k.
d. Iran Divestment Act of 2012
Page 42 of 89
3.7. Contractor hereby represents and warrants that it pays prevailing wages.
3.8. Contractor agrees and represents that: (a) it will comply with all applicable Equal Employment
Opportunity and Affirmative Action programs, and (b) all subcontracts entered into for the purposes of this
Contract shall contain provisions binding such subcontractor to compliance with such programs.
3.9. Contractor hereby represents and warrants that Contractor is not in arrears to the University, the City,
the State, any agency, or any quasi-agency thereof upon a debt, contract, or taxes. Contractor is not a
defaulter as surety, or otherwise upon any obligation to the University, the City, State, or any agency, or
quasi-agency thereof, except as set forth herein. Contractor hereby agrees that if any of the information,
events, or representations set forth or described in this Section 3, occur after Contractor executes this
Contract, or if there are any changes to the information provided by Contractor in connection with this
Contract prior to, or during performance of this Contract, Contractor shall promptly submit written notice
to University of all such changes pursuant to the Notice provision.
Section 4 - Responsiveness and Responsibility of Contractor
4.1 Contractor hereby represents and warrants that it possesses the requisite business integrity justifying
the confidence of CUNY: to adhere, throughout the duration of the Project, to the highest standards of
business conduct and professional responsibility by fulfilling its obligations under the resulting contract.
4.2. The University reserves the right to request Contractor to provide additional information and
representations at any time. Contractor shall submit such information and representations in the form of a
signed and notarized statement within the time established by the University.
4.3. The University reserves the right to request Contractor to submit to an oral examination or hearing at
any time. Contractor shall submit to such examination or hearing which shall be conducted within a time
period specified by the University. Contractor shall have the right to receive due process at such
examination or hearing.
Section 5 - Performance
5.1. Contractor shall deliver the Goods and perform the Services for the Contract Price.
5.2. Contractor shall perform the Services within the time specified.
5.3. Contractor shall deliver the Goods and perform the Services at the direction of the Business Manager
and in a manner that will ensure the safety of the University community.
5.4. Contractor shall deliver the Goods and perform the Services subject to all Laws.
5.5. Contractor, its employees, subcontractors, and agents shall be subject to all applicable University and
College rules and regulations whenever any of them are on University property.
5.6. If subcontracting is permitted under this Contract, then Contractor shall ensure that its subcontractors
and agents comply with all Laws, University and College rules and regulations, and all applicable
provisions of this Contract.
Section 6 – Goods
6.1. University has the right to inspect and either accept or reject any goods proffered by Contractor.
6.2. Deliveries shall consist only of new and unused goods unless otherwise specified.
6.3. Contractor shall not remove or alter any manufacturer's label or marking from any Goods.
6.4. Delivery containers and reels become the property of the University unless returnable or otherwise
specified in Section 2 – Contract Specifics, of the RFP. If containers or reels are returnable to a third party,
then Contractor shall not charge University for them and shall return them at its expense.
6.5. Contractor shall remove any nonconforming goods at its own expense within a reasonable time, not to
exceed five (5) Business Days after notification of any rejection.
6.5.1 Contractor shall remove perishable goods within twenty-four (24) hours after
notice of rejection.
6.5.2 Rejected goods left longer than five (5) Business Days shall be deemed abandoned,
and the College shall have the right to dispose of them. The costs incurred in such disposal
Page 43 of 89
shall be charged to Contractor, and Contractor shall pay such costs within five (5) Business
Days of notice of same.
6.6. Contractor bears the risk of loss of all Goods until inspected and accepted by College. In addition, if
College revokes acceptance, then Contractor bears the risk of loss thereafter.
6.7. The University shall be under no obligation to sell or resell any rejected goods.
6.8. Contractor shall bear the cost of all further inspections required by reason of any rejection or revocation
of acceptance.
6.9. If Contractor fails to make delivery within the time specified, or if a delivery is rejected, then University
may obtain the Goods from other sources under the buy-against procedure set forth below:
6.9.1. If the new purchase price exceeds the Contract Price, then the University shall charge
Contractor the excess cost, the cost of procuring an alternate contractor, and applicable
liquidated damages (separately and collectively "Buy-Against Costs".)
6.9.2. If the new purchase price is less than the Contract Price, then Contractor shall have no
claim to the difference; in addition, the costs to solicit the new vendor and applicable
liquidated damages shall be charged against Contractor.
6.9.3 All Buy-Against Costs shall be deducted from money that Contractor is due or that shall
become due to Contractor from the University. If there is no money due to Contractor from
University, then Contractor shall pay the full amount of such Buy-Against Costs within
five (5) Business Days of Notice of same.
Section 7 - Proprietary Articles
7.1. Goods identified in the Contract by a catalog description, trademark, trade name, or by the name of any
particular patentee, manufacturer, or dealer, shall mean the specific goods indicated or a Contractor
proposed substitute item that has been deemed by University as an "or equal ".
7.2. Where a manufacturer's name, catalog number, specific item number is mentioned, it is intended to
establish a standard of quality and performance. Contractor acknowledges that it was invited to submit
proposed substitutes for review and determination by University regarding whether the Contractor-
proposed substitutes meet the required standards to be deemed an "or equal". Contractor shall submit
samples of any such proposed substitutes together with information sufficient to assist the University in
making its determination. The University may request additional information or demonstration of
performance of proposed substitutes at any time, and Contractor shall provide such requested information
or demonstration promptly. The University may reject Contractor-proposed substitutes that it deems not
equal to the items specified.
7.3. The Contract Price shall be for the specified items or proposed substitute that has been deemed by the
University as an "or equal".
7.4. Contractor shall be liable for all claims against the University, the City, the State, and any officer, agent,
or employee of any of them for infringement of patent rights, copyrights, or other proprietary rights arising
from the purchase or use of any proprietary goods, and shall save harmless and indemnify the University,
the City, the State, and any officer, agent, or employee of any of them, against all costs, expenses, and
damages that any may incur by reason of such infringement.
Section 8 - Contract Quantities
8.1. Unless otherwise stated in the Specifications, unit prices shall not vary, notwithstanding any increase
or reduction in the quantities of Goods or Services requested by the University, and no claim for damages
shall be made by or allowed to Contractor by reason of such increase or reduction.
8.2. This is a Requirements Contract unless specifically stated otherwise, and the estimate of quantities of
the Goods or Services required is approximate and shall in no respect be deemed a guarantee.
8.2.1. The quantities actually required to complete the Contract may be less or more than
estimated, and, if less, then no action for damages or lost profits shall accrue to Contractor.
Page 44 of 89
8.2.2. If the quantity(ies) varies from original estimated number or amount, then the
Contract Price shall be adjusted accordingly.
8.3. Even if this is not a Requirements Contract, the University shall have the right to increase or reduce the
quantity of Goods or Services by up to ten percent (10%) thereof, unless otherwise stated in the
Specifications.
Section 9 - Term: Time of Completion and Extension of Time
9.1. The time of completion shall be set forth in the Specifications.
9.2. If Contractor is delayed in delivering any Goods or performing any Services by any act or omission of
the University, then Contractor will be allowed an extension of time to perform equal to the number of
Business Days or parts thereof it was so delayed, provided that Contractor makes application for such an
extension in writing prior to expiration of the time to complete the Work.
9.3. Acceptance of any Goods or Services after the time fixed to deliver the same shall not be deemed a
waiver of any rights by the University.
Section 10 - Competent Workers
10.1. Contractor shall employ only competent personnel for this Contract. If Contractor is notified in
writing that, in the reasonable opinion of the Business Manager, any worker, employee, agent, or
representative of Contractor or its subcontractors is incompetent or otherwise unacceptable, then Contractor
shall promptly replace such person and shall not assign such person to this Contract again.
10.2. Contractor shall at all times professionally enforce and maintain cooperation between and among
its employees, subcontractors, and agents and other Contractors.
10.3. Contractor shall not employ or utilize any labor, materials, or means whose employment or
utilization during the course of this Contract may tend to or in any way cause or result in strikes, work
stoppages, delays, suspension of work, or similar actions by employees or agents of Contractor, or by any
of the trades working in or about the buildings and premises where Work is being performed under this
Contract, or by Contractor or its subcontractors pursuant to other agreements or contracts, on or at the
University, the College or any other building or premises owned or operated by the City or the State, and
their respective agencies, departments, boards, or authorities. Any violation of this requirement by
Contractor may be considered proper and sufficient cause for declaring Contractor to be in default under
this Contract, and for the University, the City, the State, or any or all of them to take such action against
Contractor or any such other action as any of them may deem proper.
Section 11 - Status of Contractor and its Employees
11.1. Contractor is an independent entity and is not, nor shall be deemed to be employees, subcontractors,
or agents of the University, the City, or the State for any purpose whatsoever.
11.2. All employees, subcontractors, and agents furnished by Contractor as required under this Contract
shall be employees, subcontractors, or agents of Contractor and not of the University, the City, or the State,
or of any of their agencies, departments, boards, or authorities, and Contractor alone is responsible for their
work, their personal conduct while performing the Work, and for their direction and compensation. Nothing
included in this Contract shall: impose any liability or duty upon the University, the City, or the State to
persons, partnerships, firms, organizations, companies or corporations employed or engaged by Contractor
as coordinators, subcontractors, consultants, or independent contractors or in any other capacity, or as
employees or agents of Contractor, or make the University, the City, or the State liable to any other person,
corporation, entity, or government for the acts, omissions, liabilities, debts, liens, obligations, or taxes of
whatever nature, including, but not limited to, unemployment insurance and Social Security taxes of
Contractor or its coordinators, subcontractors, consultants, independent contractors, employees, or agents.
11.3. Contractor acknowledges that for the purposes of the Immigration Reform and Control Act of 1986
("Act"), it is an "independent contractor" as defined in the Act and its regulations, and that the University
is not an "employer" under the terms of the Act and its regulations with regard to the Work. As a result,
Page 45 of 89
the responsibility of complying with the provisions of the Act lie solely with Contractor. Contractor
expressly represents that it is aware of the requirements of the Act with regard to the employer's
responsibility for ensuring compliance with the Act and its regulations, and for maintaining the proper
forms showing that the verification process was completed. Contractor expressly represents to the
University its intention to abide by the provisions of the Act. Contractor furthermore agrees that to the
extent permitted by law, it shall indemnify and hold the University, the City, the State harmless for any
penalty that may be applied to any one or all of them as the result of the hiring by Contractor of an
unauthorized alien during the term of this Contract.
Section 12 - Cooperation with Other Contractors
12.1. The University reserves the right, before the completion and acceptance of the Work, to do other
work not provided for in this Contract and to employ Other Contractors to do such work in or around the
Site as it may deem necessary. Contractor shall afford Other Contractors opportunity for the delivery,
storage, and installation of their work and shall properly coordinate Contractor’s Work with the work of all
Other Contractors.
12.2. Contractor shall not interfere with or impede the work of the University or of Other Contractors
employed by the University, but shall, when necessary, temporarily suspend such part of its Work and shall
remove such of its temporary Work as may be reasonably required to expedite the installation of the work
of Other Contractors.
12.3. No claim for damages shall be made by Contractor nor shall any claim be considered or allowed
for the suspension of the Work or the removal of temporary Work required to expedite the work of Other
Contractors or for any assistance given to Other Contractors.
12.4. If any part of Contractor's Work depends upon the work of any Other Contractor, then Contractor
shall inspect and promptly report to the Business Manager any defects in such work that render it unsuitable
for Contractor’s Work. Contractor’s failure so to inspect and report such defects shall constitute an
acceptance of the Other Contractor's work as fit and proper for the reception of Contractor’s Work.
Section 13 - Laws and Licenses
13.1. Contractor shall comply with all Laws. If there is a conflict between or among any Laws and
specific requirements of this Contract, then Contractor shall comply with the most stringent Law or
requirement in each instance. By noting any specific Laws with particularity in this Contract or in any
other prior or future communication, Contractor is not relieved of any obligation to comply with all Laws,
and the University does not waive any rights it may have with respect to such compliance.
13.2. Contractor shall deliver all required licenses, permits, plans and certificates to the Business
Manager before commencement of the Work.
Section 14 - Guarantee
14.1. Contractor guarantees that all Goods, including all parts thereof, are new and of first quality
throughout, comply in all respects with, and are fully equal to or exceeds the standards called for in this
Contract. Contractor further guarantees all Goods, all parts thereof, the Services, and Contractor’s
workmanship and work product against any defects of workmanship, construction and materials, and shall
promptly repair or replace without cost to the University any article that has become defective, if such
defect is not proven to have been caused by negligence by University, within one (1) year from date of
acceptance by the University of the final delivery.
14.2. If Contractor is required to repair or replace any Goods or any part of the Goods so guaranteed, a
new guarantee period of one (1) year shall become effective for those items so repaired or replaced dating
from the time of acceptance by the University of delivery of such repair or replacement.
14.3. Should Contractor fail to replace or put in first class condition any such Goods or any part of the
Goods so guaranteed within thirty (30) days from date of notice, or sooner if so required by Section 2 –
Contract Specifics, of the RFP, the University may have the work done and Goods repaired or replaced by
others and charge the cost to money due or that may become due to Contractor, or, if there be no money
Page 46 of 89
due, Contractor agrees to pay the University such costs upon demand.
14.4. All manufacturers' and subcontractors' warranties and guarantees shall run directly to the University
as well as to Contractor and its subcontractor(s). Contractor shall obtain all manufacturers' warranties and
guarantees in writing in the name of the University and will deliver same to the University.
14.5. The provisions of this Section shall survive the expiration or termination of this Contract.
Section 15 - Notices
15.1. All notices, letters, orders or other communications ("Notices"), when deposited in a postpaid
wrapper in any post office box regularly maintained by the United States Postal Service, delivered by
courier service, or sent by electronic mail, shall be deemed received as of date and time of such deposit,
delivery, or sending. The place so designated may be changed at any time by an instrument in writing
executed and acknowledged by Contractor and delivered to the Business Manager in the manner set forth
below. Nothing in this Section shall be deemed to be a waiver of any requirements for service as provided
by law.
15.2. Notices to Contractor shall be sent to the address set forth for Contractor in Attachment H.
15.3. Notices to the University shall be sent to both: (a) to the College, Attention: Business Manager, to
the address set forth on the cover page of the RFP or by electronic mail to [email protected]; and (b) to the Office of General Counsel, The City University of New York, 205 E. 42nd Street, New York,
New York 10017.
15.4. Contractor shall send all invoices, including supporting documentation, to the address set forth in
Section 2 – Contract Specifics, of this RFP.
Section 16 - Insurances
16.1. The Contract may be terminated for cause if Contractor fails to comply with the terms of this
Section.
16.2. During performance of this Contract and up to the date of final acceptance of the Work, Contractor
shall effect and maintain with companies satisfactory to the University, the following types of insurance,
in the amounts shown below.
16.3. Contractor must procure and maintain the following minimum insurance coverage (the
“Required Coverage”) with companies satisfactory to CUNY at no additional cost
to CUNY:
a. Workers’ Compensation Insurance: Statutory Workers’ Compensation
limits as required by the New York State Law on behalf of all employees of
Contractor providing services to CUNY.
b. Employer’s Liability Insurance: $1,000,000 per accident on behalf of all
employees of the Contractor providing services to CUNY and for whom
Workers’ Compensation coverage is not a statutory requirement.
c. Commercial General Liability: $1,000,000 combined single limit for bodily
injury and property damage, with an aggregate minimum of $3,000,000.
Such insurance shall name the University, the City of New York, and the
State of New York, and such additional persons or entities required by the
University from time to time, as additional insureds.
d. Automobile Liability Insurance: $1,000,000 combined single limit per
accident for bodily injury and property damage
Page 47 of 89
e. Professional Liability/Errors and Omissions and Internet Policies:
Coverage for professional services, security and privacy, in an amount not
less than $10,000,000 per occurrence.
f. Umbrella or Excess Liability Insurance: Coverage of not less than
$5,000,000.00. Such insurance shall name the University, the City of New
York, and the State of New York, and such additional persons or entities
required by the University from time to time, as additional insureds.
g. Cyber Security Insurance: Coverage of $10,000,000.00
16.4. Contractor shall deliver to College certificates of such insurance or authority for self-insurance
before Contractor commences the Work.
16.5. Contractor shall ensure that no insurance policy required by this Contract may be canceled,
terminated, modified or changed by Contractor's insurer unless thirty (30) days' prior written notice is sent
by certified mail to the College and the University pursuant to Section 15 - Notices.
16.6. Contractor shall ensure that no insurance policy required by this Contract shall be canceled,
terminated, modified or changed by Contractor's insurer without prior written consent of the University.
16.7. No insurance policy required hereunder shall be invalidated by reason of any of the terms of any
policy issued by the insurance company to Contractor.
16.8. The University reserves the right to add additional insurance requirements in Section 2 - Contract
Specifics, of this RFP. Contractor shall procure such additional insurance requirements within (30) days of
Notice to Contractor.
16.9. The University reserves the right to request certified complete copies of required insurance policies
at any time. Contractor shall provide such requested copies within three (3) days of notice of request for
same.
16.10. The presence of engineers or inspectors of the insured on the Site with the insured shall not
invalidate any policy of insurance.
Section 17 - FOIL Disclosure
17.1. Contractor shall not provide copies of this document, or otherwise disclose the terms of this
Agreement, to any third party without the prior written consent of the other party, except as may be required
by law, including by the New York Freedom of Information Law (FOIL).
17.2. Contractor acknowledges and agrees that these contract documents are public records that may be
made available to the public pursuant to Public Officers Law Section 87(2)(c) and State Law
Section 163(9)(c).
18 - Contract Price
18.1. The University is exempt from the payment of all state and local sales and use taxes. The Contract
Price shall not include the amount of any such taxes.
18.2. The Contract Price shall be F.O.B. destination, including inside delivery and assembly, unless
otherwise specified.
Section 19 - Liquidated Damages
19.1. Since failure to complete performance within the time specified will cause damage and loss to the
University, and since the precise extent of damage and loss to the University may be difficult to calculate
Page 48 of 89
and ascertain, Contractor shall pay, for each day's delay until completion of performance and acceptance of
Contractor’s performance by the University, the liquidated damages as set forth in the Specifications, as
liquidated damages and not as a penalty.
19.2. If the University elects to terminate the Contract and Contractor's right to perform, liquidated
damages shall be assessed from the time that Contractor should have delivered or performed pursuant to
the Contract to the time when such delivery or performance is obtained by the University from others, in
addition to any expenses incurred by reason of such substituted delivery or performance.
19.3. In its sole discretion, in the event of a failure of complete and timely performance, the University
may deduct and retain out of any monies which may be due or become due to Contractor under this Contract,
the amount of the liquidated damages as set forth in the Specifications.
19.4. Nothing contained herein, including the exercise of any right by the University hereunder, shall
waive, limit, satisfy, or affect in any way claims or demands against Contractor by the University or claims
or demands against others arising from the failure of Contractor to perform under this Contract.
Section 20 - Indemnification
Contractor will indemnify and hold harmless the University, the City, the State, and the Dormitory
Authority of New York (DASNY), and each officer, agent and employee of any of them, from all suits,
claims, demands, damages, fines, liens, actions and costs of any kind, including attorneys' fees, to which
any or all of them may be subjected or put by reason of any or all of Contractor's operations under this
Contract and shall be solely responsible for any and all injuries to persons including death and all damage
to property resulting from negligence or carelessness on the part of Contractor, its employees,
subcontractors, or agents in the delivery of the Goods, or performance of the Services or by or on account
of any act or omission of Contractor, its employees, subcontractors, or agents during the Work, and the
whole or so much of the monies due or to become due to Contractor under this Contract as shall, or may be
considered necessary by the Comptroller may be retained by the University until all such suits or claims
shall have been settled or otherwise disposed of, and evidence to that effect furnished to the satisfaction of
the Comptroller. The provisions of this Section shall survive the expiration of this Contract.
Section 21 - Liens
If at any time during performance of the Work or after the Work has been accepted by the University, any
person or persons claiming to have performed any labor or furnished any material toward the performance
or completion of this Contract shall file with the University and with the Comptroller any such notice as is
described in the Lien Law or any act of the Legislature of the State of New York, then, and in every such
case, the University shall retain, anything herein contained to the contrary notwithstanding, from the monies
under its control, and due or to become due under this Contract, so much of such monies as shall be
sufficient to pay off, satisfy and discharge the amount in such notice alleged or claimed to be due to the
person or persons filing such notice, together with the reasonable costs of any action or actions brought or
that may be brought to enforce such claim or the lien created by the filing of such notice. The monies so
retained shall be retained by the University until the lien thereon created by the said Act and the filing of
the said notice shall be discharged pursuant to the provisions of the said Act.
Section 22 - Affirmative Action and Equal Employment Opportunity
This Contract is subject to applicable provisions of federal, state, and local laws and regulations requiring
affirmative action and equal employment opportunity. After award of this Contract, the University will
inform Contractor whether it will be required to submit quarterly or semi-annual work force utilization
reports.
Section 23 - Right of Contractor to Withdraw from Contract
If, within thirty (30) Days after the registration of the Contract, University fails to fix the date for
commencement of work by written notice to Contractor, Contractor, at its option, may ask to be relieved of
Page 49 of 89
its obligation to perform the work, by written notice to the University. If such relief is given, Contractor
shall waive all claims for damages.
Section 24 - Default
24.1 Each of the following events shall constitute a default ("Default") by Contractor:
24.1.1. failure to provide the Goods or perform the Services, or comply or satisfy any material
obligation, or any part thereof, at the time, and place, or under the terms and in the manner specified
in the Contract;
24.1.2. failure to provide and maintain insurance coverage and provide notices regarding same
as required;
24.1.3. failure or refusal to comply in any material respect with any Laws;
24.1.4. subcontracting, assigning, transferring, conveying, or disposing of any part of the
Contract rights or obligations in contravention of the Contract terms herein;
24.1.5. breach of any of the Contract conditions, covenants, warranties, or guarantees;
24.1.6. acting in bad faith;
24.1.7. institution of a bankruptcy, winding-up, reorganization, insolvency, arrangement or
similar proceeding by or against Contractor under the laws of any jurisdiction; or
24.1.8. discovery that any statement or representation made by Contractor in connection with
this Contract was untrue, incorrect, or misleading or incomplete when made; or
24.1.9. if Contractor fails to perform any material obligation under this Contract or violates
any material term or condition of this Contract, and such failure or violation continues uncorrected
for a period of fifteen (15) days after Notice of Default thereof from the College, or, if failure or
noncompliance cannot reasonably be corrected within such period, Contractor fails to commence
and thereafter diligently proceed to correct such noncompliance and such noncompliance is not
corrected within forty-five (45) days after such Notice.
24.2 Notice of Default - the University may notify Contractor of the occurrence of any event of Default
by sending a Notice to Contractor. Such Notice will:
24.2.1. describe the event of Default;
24.2.2. state the date(s) of the Default;
24.2.3. state the specific actions that Contractor is required to take to minimize damage and
loss to the University; and
24.2.4. state the date by which Contractor is required to cure the Default ("Default Cure
Deadline").
24.3 Opportunity to Cure
24.3.1. Upon receipt of the Notice of Default, Contractor shall contact College and inform the
College what it will do to correct the problem and provide a timetable regarding Contractor’s
actions.
24.3.2. From the receipt of Notice of Default, Contractor shall have the specified number of
days specified in the Notice of Default to cure and eliminate the incident leading to the Notice of
Default.
Section 25 - Termination for Cause
25.1 If Contractor fails to cure the incident of Default, and such failure continues uncorrected for three (3)
days beyond the Default Cure Deadline, then the College will have the right to terminate the Contract for
cause ("Termination for Cause") by providing a Notice to Contractor.
25.2 Upon receipt of a Notice of Termination for Cause, Contractor:
Page 50 of 89
25.2.1. shall immediately discontinue performance of the Contract, except for activities that may be
necessary to carry out such termination and to minimize loss and damage to the University, and follow
the College’s instructions.
25.2.2. shall not be entitled to any further payments except for Work performed to College’s
satisfaction prior to termination and subject to amounts owed by Contractor to the University.
25.3 Upon Termination for Cause:
25.3.1. The University shall have the right to charge to Contractor any and all expenses incurred by
reason of such termination, including but not limited to Liquidated Damages, the cost for solicitation of
another vendor to execute the Services of Contract, and any difference in price between the price of this
Contract and the price for performance of the replacement contract.
25.3.2. If such expenses exceed the amounts otherwise due and payable to Contractor for Work
completed prior to such termination, Contractor shall pay to the University the amount of such excess.
25.3.3. If such expenses be less than the amounts otherwise due and payable to Contractor for Work
completed prior to such termination, the University will pay Contractor the amount of such excess after
having received all necessary approvals.
25.4 Nothing in this Section shall be deemed to limit or waive any other rights or remedies of the University
under either law or contract.
Section 26 - Termination of Contract
26.1 If Contractor (i) fails to deliver the Goods, or perform the Services, or any part thereof, at the time,
and place, or under the terms and in the manner specified in the Contract; (ii) sublets or assigns the Contract
otherwise than as herein specified; or (iii) breaches any of the Contract conditions, or covenants or executes
them in bad faith, the University shall have the power to terminate this Contract as to all or any part of the
unperformed balance by written notice and thereupon Contractor shall stop performance of the balance of
the Contract. University shall thereupon have the power to contract for performance of the balance of the
Contract or any part thereof, and shall charge to Contractor the expense thereby incurred together with any
liquidated damages from the time Contractor should have delivered such Goods or performed such Services
to the time when such Goods or Services are obtained by University. If such expense and such liquidated
damages exceed the amounts otherwise due and payable to Contractor hereunder, then Contractor shall pay
to the University the amount of such excess upon demand. If such expense and liquidated damages is less
than the amounts otherwise due and payable to Contractor hereunder, then Contractor shall waive all claim
to the difference.
26.2 When the University, in the exercise of its rights under this Section, shall agree to obtain part but
not all of any undelivered Goods or unperformed Services, Contractor shall, when directed in writing to do
so by the Business Manager, continue to deliver or perform such other portion of undelivered Goods or
unperformed Services in such a manner as to conform with the terms of the Contract.
26.3 The University may terminate the Contract at any time if:
26.3.1. Contractor does not provide any of the information or documents as required;
26.3.2. Contractor misstates, conceals, or fails to disclose any material information in this
Contract, or in any written statement or oral examination or hearing, in connection with this
Contract;
26.3.3. Contractor fails to advise University promptly (that is, within 10 Business Days) if
there is any change in the facts or information provided by Contractor after the date of submission
of this Contract during execution of this Contract; and/or
26.3.4. a determination that Contractor is not responsible is made in accordance with law or
University regulations.
26.4 The University reserves the right to terminate this Contract in the event it is found that the
certification filed by Contractor in accordance with New York State Finance Law §139-j and §139-k, was
intentionally false or intentionally incomplete. Upon such finding, the University may exercise its
Page 51 of 89
termination right by providing written notification to Contractor in accordance with the written notification
terms of the Contract.
26.5 Notwithstanding anything else in this Section 26, the University may terminate the
Contract at any time for its convenience, as more fully set forth below:
26.5.1. CUNY reserves the right to terminate Contract in whole or in part without cause
at any time ("Termination for Convenience").
26.5.2. CUNY will exercise this right by giving written notice to Contractor. Such
notice will state:
26.5.2.1. the effective date of such Termination for Convenience;
26.5.2.2. the extent to which performance of the Contract shall be terminated;
26.5.2.3. such specific actions that Contractor is required to take to minimize loss to
CUNY. Nothing in this provision shall be deemed to relieve Contractor of any obligation
listed herein.
26.5.3. Upon receipt of notice of Termination for Convenience, Contractor shall:
26.5.3.1. Stop performance of Contract or relevant part thereof on the
effective date specified for such Termination for Convenience;
26.5.3.2. Continue Work on such part(s) of Contract as have not been so
terminated;
26.5.3.3. Take such action as may be necessary to protect and preserve
CUNY’s interests, materials and property;
26.5.3.4. Take other actions directed by CUNY; and
26.5.3.5. Take no action increasing or having a tendency to increase costs
to CUNY.
26.5.4. Following any such Termination for Convenience, CUNY will pay Contractor
for services performed to the satisfaction of CUNY through the date of termination subject
to:
26.5.4.1. Contractor's compliance with this Section; and
26.5.4.2. deductions for partial payments already made to Contractor.
Section 27 - Survival of Obligations
The following obligations and liabilities of Contractor shall survive any termination of this Contract and
shall be continuing obligations:
a. permits;
b. Laws;
c. indemnification and certain liabilities
d. Insurance
e. warranties
f. all obligations and liabilities of Contractor that have accrued prior to the date of termination
or which by their nature impliedly or expressly involve performance following termination
of this Contract.
Section 28 - Arbiter of Disputes
Contractor shall direct questions arising during the performance of the Contract and concerning its
performance to the Business Manager. Decisions of the Business Manager shall be made in the best interest
of the University and shall be final, conclusive, and binding.
Page 52 of 89
Section 29 - Estoppel
The City, the State, the University, and any officer, agent, or employee of any of them shall not be precluded
or estopped from showing at any time, either before or after the complete performance of the Contract and
payment thereunder, the actual quantity, nature, and value of the Goods delivered or Services performed
by Contractor, or any other person under the Contract, or from showing at any time that any certificate upon
which payment is made for any or all of the said Goods or Services is untrue, or that the Goods or Services
or any part thereof delivered or performed by Contractor do not conform to the Contract. The University,
shall, in any such case, have the right to demand and recover from Contractor such damages as it may suffer
by reason of its failure to comply with the Contract, notwithstanding any such certificate nor any payments
made for any or all of the Goods delivered or Services performed.
Section 30 - Antitrust
Contractor hereby assigns, sells, and transfers to the University all right, title and interest in and to any
claims and causes of action arising under the antitrust laws of the City, the State, or the United States
relating to this Contract.
Section 31 - Claims
31.1 In order for Contractor to make a claim for compensation for any damage sustained by reason of
any act or omission of the University, its employees, agents, or of any other persons, it must provide written
notice regarding the damage sustained by it in writing to the Business Manager within five (5) Business
Days after sustaining such damage.
31.2 In order for Contractor to make a claim that any work required of it is not required to be performed
by Contractor under the provisions of this Contract, it must give provide written notice regarding such work
performed to the Business Manager within five (5) Business Days after being required to perform such
work. Claims tendered without such prior written notice and claims tendered untimely shall be deemed
waived.
Section 32 - Period of Limitation
No action shall lie or be maintained against the University upon any claim arising out of this Contract unless
such action be commenced within six (6) months from the date when the cause of action has accrued.
Section 33 - Choice of Forum
All claims and actions brought under or arising from this Contract shall be brought either in the courts of
the United States located in the City or in the courts of the State.
Section 34 - Severability
The terms, clauses and provisions of this Contract are intended to be severable. The unconstitutionality,
illegality or unconscionability of any term, clause or provision shall in no way defeat the effect or validity
of any other term, clause, or provision.
Section 35 - Paragraph Headings and Language Interpretation
35.1 The paragraph headings contained herein are for reference only and shall not be considered
substantive parts of this Contract. The use of the singular or plural form shall include the other form. The
use of the female or male form shall include the other form.
35.2 Contractor represents and warrants that it has examined the Contract documents carefully, and
before signing, has requested, in writing, an interpretation or correction of every ambiguity, inconsistency,
deficiency, or error therein that should have been discovered by a reasonably prudent vendor. Any such
interpretation or correction will be provided in writing by the University, and no other interpretation or
correction other than that given by University in writing shall be binding.
Page 53 of 89
Section 36 - Waiver
Waiver by the University of a breach of any provision of or right under this Contract shall not operate or
be construed as a waiver of any other or subsequent breach of the same provision or right or of any other
provision or right of this Contract.
Section 37 - Merger
This Contract contains all the terms and conditions agreed upon by the parties hereto, and no other
agreement, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to
bind any of the parties hereto, or to vary any of the terms contained herein.
Section 38 - All Lawful Provisions Deemed Included
It is the intent and understanding of the parties to this Contract that each and every provision of law required
to be inserted in this Contract shall be and is inserted herein. Furthermore, it is hereby stipulated that every
such provision is deemed to be inserted herein, and if through mistake or otherwise, any such provision is
not inserted, or is not inserted in correct form, then this Contract shall forthwith upon the application of
either party be amended by such insertion so as to comply strictly with the law and without prejudice to the
rights of either party hereunder.
Section 39 - VENDEX Questionnaire
Pursuant to NYC Administrative Code Section 6-116.2, Contractor may be required to submit completed
VENDEX questionnaires. If this Contract is for a Community College and has a value at $100,000, or
more, or if the Contract Price, when added to the sum total of all contracts, concessions, and franchises
Contractor has received from the City, or of subcontracts Contractor has received from City contractors,
during the preceding twelve (12) months, at $100,000, or more then Contractor will be required to submit
completed VENDEX questionnaires as directed by the College.
Section 40 - New York State and New York City Requirements
40.1 The terms and conditions Appendix A-Standard Clauses for all New York State Contracts, attached
hereto ("Appendix A") are hereby incorporated.
40.2 All references in Appendix A to "New York State" or "the State" may be deemed to refer to New
York City for those contracts for which funds are appropriated by New York City. References to provisions
of State law in Appendix A shall be deemed to refer to the equivalent provisions of New York City law,
rules, regulations, memoranda, mayoral executive orders, Charter, and Administrative Code.
Section 41 - Investigation Clause
41.1. The parties to this Contract agree to cooperate fully and faithfully with any investigation, audit or
inquiry conducted by a State or City governmental agency or authority that is empowered directly or by
designation to compel the attendance of witnesses and to examine witnesses under oath, or conducted by
the Inspector General of a governmental agency that is a party in interest to the transaction, submitted bid,
submitted proposal, contract, lease, permit, or license that is the subject of the investigation, audit, or
inquiry.
41.2.1. If any person who has been advised that his or her statement, and any information from such
statement, will not be used against him or her in any subsequent criminal proceeding, refuses to testify
before a grand jury or other governmental agency or authority empowered directly or by designation to
compel the attendance of witnesses and to examine witnesses under oath concerning the award of or
performance under any transaction, agreement, lease, permit, contract, or license entered into with the City,
the State, or any political subdivision or public authority thereof, or the Port Authority of New York and
New Jersey, or any local development corporation within the City, or any public benefit corporation
Page 54 of 89
organized under the laws of the State; or;
41.2.2. If any person refuses to testify for a reason other than the assertion of his or her privilege against
self- incrimination in an investigation, audit or inquiry conducted by a City or State governmental agency
or authority empowered directly or by designation to compel the attendance of witnesses and to take
testimony under oath, or by the Inspector General of the governmental agency that is a party in interest in,
and is seeking testimony concerning the award of, or performance under, any transaction, agreement, lease,
permit, contract, or license entered into with the City, the State, or any political subdivision thereof or any
local development corporation within the City, then:
41.3.1. The commissioner or agency head whose agency is a party in interest to the transaction, submitted
bid, submitted proposal, contract, lease, permit, or license shall convene a hearing, upon not fewer than five
(5) days' written notice to the parties involved to determine if any penalties should attach for the failure of
a person to testify.
41.3.2. If any non-governmental party to the hearing requests an adjournment, the commissioner or agency
head who convened the hearing may, upon granting the adjournment, suspend any contract, lease, permit,
or license pending the final determination pursuant to Section 41.5, below, without the City, the State or
the University, or any or all of them incurring any penalty or damages for delay or otherwise.
41.4. The penalties which may attach after a final determination by the commissioner or agency
head may include but shall not exceed:
41.4.1. The disqualification for a period not to exceed five (5) years from the date of an adverse
determination for any person, or any entity of which such person was a member at the time the
testimony was sought, from submitting bids for, or transacting business with, or entering into or
obtaining any contract, lease, permit or license with or from the City, the State, or the University,
or any or all of them; and/or
41.4.2. The cancellation or termination of any and all such existing City, State and/or the
University contracts, leases, permits or licenses that the refusal to testify concerns and that have
not been assigned as permitted under this Contract, nor the proceeds of which pledged, to an
unaffiliated and unrelated institutional lender for fair value prior to the issuance of the notice
scheduling the hearing, without the City, the State or the University, or any or all of them incurring
any penalty or damages on account of such cancellation or termination; monies lawfully due for
goods delivered, work done, rentals, or fees accrued prior to the cancellation or termination shall
be paid by the City, the State or the University.
41.5. The commissioner or agency head shall consider and address in reaching his/her determination and
in assessing an appropriate penalty the factors in paragraphs 41.5.1 and 41.5.2 below. S/he may also
consider, if relevant and appropriate, the criteria established in paragraphs 41.5.3 and 41.5.4 below in
addition to any other information which may be relevant and appropriate:
41.5.1. The party's good faith endeavors or lack thereof to cooperate fully and faithfully with any
governmental investigation or audit, including but not limited to the discipline, discharge, or disassociation
of any person failing to testify, the production of accurate and complete books and records, and the
forthcoming testimony of all other members, agents, assignees or fiduciaries whose testimony is sought.
41.5.2. The relationship of the person who refused to testify to any entity that is a party to the
hearing, including, but not limited to, whether the person whose testimony is sought has an
ownership interest in the entity and/or the degree of authority and responsibility the person has
within the entity.
41.5.3. The nexus of the testimony sought to the subject entity and its contracts, leases, permits or
licenses with the City, the State and/or the University.
41.5.4. The effect a penalty may have on an unaffiliated and unrelated party or entity that has a
significant interest in an entity subject to the penalties under Section 41.4 above, provided that the
party or entity has given actual notice to the commissioner or agency head upon the acquisition of
the interest, or at the hearing called for in Section 41.3.1 above gives notice and proves that such
Page 55 of 89
interest was previously acquired. Under either circumstance the party or entity must present
evidence at the hearing demonstrating the potential adverse impact a penalty will have on such
person or entity.
41.6.1. The term "license" or "permit" as used in this Section shall be defined as a license, permit, franchise,
or concession not granted as a matter of right.
41.6.2. The term "person" as used in this Section shall be defined as any natural person doing business alone or associated with another person or entity as a partner, director, officer, principal, or employee.
41.6.3. The term "entity" as used in this Section shall be defined as any firm, partnership, corporation,
association, or person that receives monies, benefits, licenses, leases, or permits from or through the City,
the State or the University, or any or all of them or otherwise transacts business with the City, the State, or
the University, or any or all of them.
41.6.4. The term "member" as used in this Section shall be defined as any person associated with another
person or entity as a partner, director, officer, principal, or employee.
41.7. In addition to and notwithstanding any other provision of this Contract, the Commissioner or
agency head may in his or her sole discretion terminate this Contract upon not fewer than three (3) days'
written notice in the event Contractor fails to promptly report in writing to the Commissioner of
Investigation of the City of New York and the University any solicitation of money, goods, requests for
future employment or other benefit or thing of value, by or on behalf of any employee of the City, the State,
or the University, or any or all of them or other person, firm, corporation, or entity for any purpose which
may be related to the procurement or obtaining of this Contract by Contractor, or affecting the performance
of this Contract.
Section 42 – Confidentiality
42.1 Contractor acknowledges that Contractor and Contractor’s employees, agents, or
representatives may, in the course of the performance of this Contract, be exposed to or acquire
information that is confidential to the University or its employees or students, including without
limitation, security procedures, business operations information, or commercial proprietary
information in the possession of CUNY hereunder or received from a third party. Contractor shall
treat all information obtained from the University or disclosed to Contractor while performing this
Contract (“Confidential Information”) in accordance with this Section 42, except for any such
information that the University designates to Contractor in writing as excluded from Confidential
Information. This obligation of confidentiality does not extend to any information that: (i) was in
the possession of or rightfully known by Contractor prior to the time of disclosure by the University
without any obligation to maintain its confidentiality; (ii) is or becomes available to the general
public without violation of this Contract; (iii) is obtained by Contractor in good faith from a third
party having the right to disclose it without an obligation of confidentiality; (iv) is independently
developed by Contractor without the participation of individuals who have had access to it; or (v)
is required to be disclosed by court order, provided Contractor gives the University prior written
notice of such required disclosure (to the extent legally permitted) and reasonable assistance if the
University wishes to contest the disclosure.
42.2 Contractor shall treat the Confidential Information with the same degree of care that
Contractor would treat Contractor’s own confidential information, and with no less than reasonable
care. Contractor shall not use the Confidential Information for purposes other than rendering the
Services and shall limit access to Confidential Information to those of Contractor’s employees,
agents, and representatives having a need to know such Confidential Information to perform the
Services. Contractor shall not directly or indirectly disclose, distribute, republish or allow any
third party to have access to any Confidential Information without such third party’s executing a
confidentiality and non-disclosure agreement with the University under the same terms, or terms
Page 56 of 89
at least as restrictive, as set forth in this Contract. Contractor shall take appropriate steps as to its
employees, agents, or representatives and such third parties to ensure compliance with the
confidentiality obligations under this paragraph.
42.3 If Contractor becomes aware of any unauthorized use or disclosure of Confidential
Information, Contractor promptly and fully shall notify CUNY of all facts known to it concerning
such unauthorized use or disclosure. In addition, if Contractor or any of its employees or agents
are requested or required (by oral questions, interrogatories, requests for information or documents
in legal proceedings, subpoena, civil investigative demand or other similar process) to disclose any
of the Confidential Information, Contractor shall not disclose the Confidential Information without
providing CUNY with reasonable prior written notice of any such request or requirement so that
CUNY may seek a protective order or other appropriate remedy and/or waive compliance with the
provisions of the agreement. If, in the absence of a protective order or other remedy or the receipt
of a waiver by CUNY, Contractor or any of its employees are nonetheless, in the written opinion
of Contractor’s counsel (a copy of which opinion shall be delivered to CUNY), legally compelled
to disclose Confidential Information to any tribunal or otherwise stand liable for contempt or suffer
other censure or penalty, Contractor or its employees may, without liability hereunder, disclose to
such tribunal only that portion of the Confidential Information that such counsel advises Contractor
that it is legally required to disclose. Notwithstanding the foregoing, Contractor shall exercise its
best efforts to preserve the confidentiality of the Confidential Information, including by
cooperating with CUNY to obtain an appropriate protective order or other reliable assurance that
confidential treatment shall be accorded the Confidential Information by such tribunal.
42.4 Upon termination or completion of the Services, or at any time the University requests,
Contractor shall return to the University, or destroy, all copies of the Confidential Information, in
whatever media, and shall provide the University with a sworn certification that Contractor has
complied with Contractor’s obligations under this Section 42. It is understood and agreed that, in
the event of a breach, threatened or actual, of this Section 42, damages may not be an adequate
remedy and the University shall be entitled to injunctive relief to restrain any such breach without
having to post an undertaking.
Section 43 - Ancillary Agreements
As a condition to payment for the Services, the Contractor agrees to execute and deliver to the
University any agreements or instruments necessary for the University to effectuate payment to
the Contractor for performance of the Services or to otherwise effectuate the terms of the
Contract.
Page 57 of 89
APPENDIX A
STANDARD CLAUSES FOR NEW YORK STATE 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 State’s previous written consent,
and attempts to do so are null and void.
Notwithstanding the foregoing, such prior
written consent of an assignment of a contract
let pursuant to Article XI of the State Finance
Law may be waived at the discretion of the
contracting agency and with the concurrence
of the State Comptroller where the original
contract was subject to the State
Comptroller’s approval, where the
assignment is due to a reorganization, merger
or consolidation of the Contractor’s business
entity or enterprise. The State retains its right
to approve an assignment and to require that
any Contractor demonstrate its responsibility
to do business with the State. The Contractor
may, however, assign its right to receive
payments 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). However, such pre-approval shall
not be required for any contract established
as a centralized contract through the Office of
General Services or for a purchase order or
other transaction issued under such
centralized contract.
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.
Page 58 of 89
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 (including
gender identity or expression), national
origin, sexual orientation, military status,
age, disability, predisposing genetic
characteristics, marital status or domestic
violence victim 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.
Additionally, effective April 28, 2008, if this
is a public work contract covered by Article
8 of the Labor Law, the Contractor
understands and agrees that the filing of
payrolls in a manner consistent with
Subdivision 3-a of Section 220 of the Labor
Law shall be a condition precedent to
payment by the State of any State approved
sums due and owing for work done upon the
project.
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,
Page 59 of 89
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)
Identification Number(s). Every invoice or
New York State Claim for Payment
submitted to a New York State agency by a
payee, for payment for the sale of goods or
services or for transactions (e.g., leases,
easements, licenses, etc.) related to real or
personal property must include the payee's
identification number. The number is any or
all of the following: (i) the payee’s Federal
employer identification number, (ii) the
payee’s Federal social security number,
and/or (iii) the payee’s Vendor Identification
Number assigned by the Statewide Financial
System. Failure to include such number or
numbers may delay payment. Where the
payee does not have such number or
numbers, the payee, on its invoice or Claim
for Payment, must give the reason or reasons
Page 60 of 89
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 the Statewide Financial System
by the Vendor Management Unit within the
Bureau of State Expenditures, 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 and 5 NYCRR 143,
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 the following shall apply
and by signing this agreement the Contractor
certifies and affirms that it is Contractor’s
equal employment opportunity policy that:
(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, 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
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
Page 61 of 89
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. 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 Department of Economic
Development’s Division 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 Section 165 of the State Finance Law, (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.
Page 62 of 89
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
Albany, New York 12245
Telephone: 518-292-5100
Fax: 518-292-5884
email: [email protected]
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 633 Third Avenue
New York, NY 10017
212-803-2414 email: [email protected]
https://ny.newnycontracts.com/FrontEnd/
VendorSearchPublic.asp
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
Page 63 of 89
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. COMPLIANCE WITH NEW YORK
STATE INFORMATION SECURITY
BREACH AND NOTIFICATION ACT.
Contractor shall comply with the provisions
of the New York State Information Security
Breach and Notification Act (General
Business Law Section 899-aa; State
Technology Law Section 208).
23. COMPLIANCE WITH
CONSULTANT DISCLOSURE LAW. If
this is a contract for consulting services,
defined for purposes of this requirement to
include analysis, evaluation, research,
training, data processing, computer
programming, engineering, environmental,
health, and mental health services,
accounting, auditing, paralegal, legal or
similar services, then, in accordance with
Section 163 (4-g) of the State Finance Law
(as amended by Chapter 10 of the Laws of
2006), the Contractor shall timely, accurately
and properly comply with the requirement to
submit an annual employment report for the
contract to the agency that awarded the
contract, the Department of Civil Service and
the State Comptroller.
24. PROCUREMENT LOBBYING. To the
extent this agreement is a "procurement
contract" as defined by
State Finance Law Sections 139-j and 139-k,
by signing this agreement the contractor
certifies and affirms that all disclosures made
in accordance with State Finance Law
Sections 139-j and 139-k are complete, true
and accurate. In the event such certification
is found to be intentionally false or
intentionally incomplete, the State may
terminate the agreement by providing written
notification to the Contractor in accordance
with the terms of the agreement.
25. CERTIFICATION OF
REGISTRATION TO COLLECT SALES
AND COMPENSATING USE TAX BY
CERTAIN STATE CONTRACTORS,
AFFILIATES AND
SUBCONTRACTORS.
To the extent this agreement is a contract as
defined by Tax Law Section 5-a, if the
contractor fails to make the certification
required by Tax Law Section 5-a or if during
the term of the contract, the Department of
Taxation and Finance or the covered agency,
as defined by Tax Law 5-a, discovers that the
certification, made under penalty of perjury,
is false, then such failure to file or false
certification shall be a material breach of this
contract and this contract may be terminated,
by providing written notification to the
Contractor in accordance with the terms of
the agreement, if the covered agency
determines that such action is in the best
interest of the State.
Page 64 of 89
26. IRAN DIVESTMENT ACT. By
entering into this Agreement, Contractor
certifies in accordance with State Finance
Law §165-a that it is not on the “Entities
Determined to be Non-Responsive
Bidders/Offerers pursuant to the New York
State Iran Divestment Act of 2012”
(“Prohibited Entities List”) posted at:
http://www.ogs.ny.gov/about/regs/docs/List
ofEntities.pdf
Contractor further certifies that it will not
utilize on this Contract any subcontractor that
is identified on the Prohibited Entities List.
Contractor agrees that should it seek to renew
or extend this Contract, it must provide the
same certification at the time the Contract is
renewed or extended. Contractor also agrees
that any proposed Assignee of this Contract
will be required to certify that it is not on the
Prohibited Entities List before the contract
assignment will be approved by the State.
During the term of the Contract, should the
state agency receive information that a
person (as defined in State Finance Law
§165-a) is in violation of the above-
referenced certifications, the state agency
will review such information and offer the
person an opportunity to respond. If the
person fails to demonstrate that it has ceased
its engagement in the investment activity
which is in violation of the Act within 90
days after the determination of such
violation, then the state agency shall take
such action as may be appropriate and
provided for by law, rule, or contract,
including, but not limited to, imposing
sanctions, seeking compliance, recovering
damages, or declaring the Contractor in
default.
The state agency reserves the right to reject
any bid, request for assignment, renewal or
extension for an entity that appears on the
Prohibited Entities List prior to the award,
assignment, renewal or extension of a
contract, and to pursue a responsibility
review with respect to any entity that is
awarded a contract and appears on the
Prohibited Entities list after contract award.
January 2014
Page 65 of 89
Sample – Only to be signed upon contract award. Do not
sign/submit with your proposal
CONTRACT SIGNATURE PAGE
IN WITNESS WHEREOF, the parties have executed this Contract.
The amount of this Contract is dollars
($ ).
FOR THE CONTRACTOR (signature must be notarized):
Contractor ______________________________________________
(print or type corporation/partnership/individual name)
FEIN: ________________________________
By: ________________________________
(signature of authorized representative)
Name: ________________________________
(print or type name of authorized representative)
Title: ________________________________ (print or type title of authorized representative)
Instruction to Contractor: Sign in the presence of a notary; have Certificate of Acknowledgment
(next page) completed and signed.
FOR THE CITY UNIVERSITY OF NEW YORK:
By: ________________________________
_________________________
General Counsel and
Senior Vice Chancellor for Legal Affairs
Page 66 of 89
CERTIFICATE OF ACKNOWLEDGMENT OF THE CONTRACTOR - INDIVIDUAL,
CORPORATION, PARTNERSHIP, or LIMITED LIABILITY COMPANY:
STATE OF )
) ss:
COUNTY OF )
On the ............ day of ………………... in the year 2017 before me, the
undersigned, personally appeared .................................................................................., personally
known to me or proved to me on the basis of satisfactory evidence to be the individual whose
name is subscribed to the within instrument and acknowledged to me that s/he executed the same
in her/his capacity, and that by her/his signature on the instrument, the individual, or the person
upon behalf of which the individual acted, executed the instrument.
Further that:
[Mark an X in the appropriate box and complete the accompanying statement.]
[ ] (If an individual): _he executed the foregoing instrument in his/her name and on his/her
own behalf.
[ ] (If a corporation): _he is the_______________________________________________
of ______________________, the corporation described in said instrument; that, by authority of
the Board of Directors of said corporation, _he is authorized to execute the foregoing instrument
on behalf of the corporation for purposes set forth therein; and that, pursuant to that authority, _he
executed the foregoing instrument in the name of and on behalf of said corporation as the act and
deed of said corporation.
[ ] (If a partnership): _he is the_______________________________________________
of ______________________, the partnership described in said instrument; that, by the terms of
said partnership, _he is authorized to execute the foregoing instrument on behalf of the partnership
for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing
instrument in the name of and on behalf of said partnership as the act and deed of said partnership.
[ ] (If a limited liability company): _he is a duly authorized member of
____________________ LLC, the limited liability company described
in said instrument; that _he is authorized to execute the foregoing instrument on behalf of
the limited liability company for purposes set forth therein; and that, pursuant to that
authority, _he executed the foregoing instrument in the name of and on behalf of said
limited liability company as the act and deed of said limited liability company.
Notary Stamp
_________________________________ _________________________________
Notary Public or Commissioner of Deeds Registration No.
Page 67 of 89
Certification of Fiscal Officer of University
CERTIFICATION OF FISCAL OFFICER
I hereby certify that there remains unexpended and unapplied a balance of the appropriation or
fund to which this Contract is chargeable sufficient to pay the estimated expense of performing
the same, in the amount of:
$
Dated this day of , 2017.
_______________________________
Signature
_______________________________
Print Name
_______________________________
Print Title
Page 68 of 89
AGENCY APPROVALS Contract No.:
THE CITY UNIVERSITY OF NEW YORK
For: CUNY Online Services:
Agency Certification:
In addition to the acceptance of Contract, CUNY also certifies that original copies of this signature
page will be attached by CUNY to all other exact copies of this Second Amendment to the
Contract.
APPROVED AS TO FORM
________________________________________ ________________
GENERAL COUNSEL, CITY UNIVERSITY OF NEW YORK DATE
APPROVED AS TO FORM
NEW YORK STATE ATTORNEY GENERAL DATE
APPROVED THOMAS P. DINAPOLI
STATE COMPTROLLER
BY: ___________________________________ DATE: ______________________________
Page 69 of 89
ATTACHMENT C: REFERENCE FORM
ITEM PROPOSER RESPONSE
PROPOSER NAME:
NAME OF CLIENT:
BRIEF DESCRIPTION OF CLIENT
CONTACT NAME AND TITLE:
PHONE NUMBER:
E-MAIL ADDRESS:
DATES DURING WHICH SERVICES
WERE PROVIDED
DESCRIPTION OF SERVICES
PROVIDED:
ADDITIONAL INFORMATION TO
SUPPORT YOUR FIRM’S
EXPERIENCE
Page 70 of 89
ATTACHMENT D - PRICE PROPOSAL
A prospective Contractor should take into account the following:
(a) the assumption that the central services described in section A (CUNY Portal or Gateway
and CUNY Marketing) will be performed early in the contract period and that these
services will help promote greater general awareness about all of CUNY’s online
programs;
(b) recruitment efforts by the Colleges will be for specific academic programs; and
(c) central marketing will presumably provide a tailwind for the marketing of each program,
but these programs will have specific needs and will pursue specific market segments.
Services to be provided:
A. Central Services
The proposal must include a staffing plan and proposed level of effort for five years and a
fixed price for each year.
B. College Services:
The services needed by each College will be provided through Scope of Services and
Purchase Orders created by the Colleges from the menu of services described in the Scope
of Work and the prices provided in this section of the cost proposal. Nothing should prevent
the College and the Contractor from negotiating better pricing under a Scope of Services
than the prices offered in the cost proposal.
I. Marketing and Student Recruitment (sum of a & b)
a. Contractor shall propose a fixed dollar amount per FTE student (or equivalent
for non-credit programs) for each newly enrolled FTE student recruited by the
Contractor each term (semester or other session as applicable). Pricing shall be
tiered based on FTE enrollment in increments of 100 (i.e. 0-100, 101-200, 201-
300, 301-400, 401-500, 501+) and shall be proposed by degree type (certificate,
associate, baccalaureate, and masters or other graduate degree).
II. Student Services: Using the enrollment tiers, Contractor shall propose a fixed dollar
amount per FTE student (or equivalent) for each student enrolled in the program:
a. Academic Support Services
b. College Support Services
c. Technical and Navigation Support Services
d. Student Retention Services
e. All Student Services (Academic, College Support, Technical and Navigation
Support, and Student Retention Services)
III. Instructional Design and Faculty Professional Development
a. Instructional Design: Payment will be by billable days (or portions thereof in
hourly increments) for two title levels. Contractor shall quote daily rates for the
following titles:
Page 71 of 89
i. Senior Instructional Specialist (5+ years of relevant experience)
ii. Instructional Design Specialist (fewer than 5 years of relevant
experience)
b. Faculty Professional Development: Payment will be a fixed cost per faculty
member for two types of professional development. Proposer shall quote the
per capita rate for the following professional development types:
i. Faculty Professional Development in Online Instruction
ii. Specialized Faculty Professional Development in Online Instruction
IV. Consulting Services
a. Contractor shall offer a schedule of titles and propose daily rates for each title.
V. Percentage Discounts
a. Proposer shall propose a percentage discount off the total cost of services if the
College’s Scope of Services includes services I though III above
Please complete Attachment D-1 (Excel Spreadsheets). There are a total of sixteen (16) sheets in
the workbook. This is a separate attachment to the RFP.
Proposers are cautioned that they must complete ALL aspects of each sheet in order to be
deemed response to the Price Proposal. Failure to adhere to this may result in the rejection
of your firm’s proposal.
Page 72 of 89
ATTACHMENT E: PROPOSER INFORMATION AND CERTIFICATIONS
(Please submit this with your Volume II: Price Proposal)
CONTRACT NUMBER: UCO-657
PROJECT TITLE: Online Educational Services
I. PROPOSER INFORMATION
FIRM NAME: __________________________________________________________
ADDRESS:___________________________________________________________
CITY:_________________________________________ STATE: ___________
ZIP CODE: __ __ __ __ __ - __ __ __ __
TELEPHONE: (_____) _____ - __________ FAX: (_____) _____ - __________
E-MAIL ADDRESS: _____________________________________________________
CONTACT PERSON: ___________________________________________________
Proposer’s Federal Identification Number (FIN):________________________
Please indicate below the name, title, address, and telephone/fax numbers of the person
who prepared this proposal, as well as any other individual(s) with authority to
negotiate and contractually bind the offeror and also who may be contacted during the
period of proposal evaluation:
Preparer’s Name/Title: __________________________________________________
Address: __________________________________________________________________
Telephone:(_____) _____ - __________ FAX: (_____) _____ - _______
Other Authorized Individual(s):
Name/Title:____________________________________________________________
Address:______________________________________________________________
Telephone:(_____) _____ - __________ FAX: (_____) _____ - ______
Page 73 of 89
II. PROPOSER CERTIFICATIONS
By signing below, I, ___________________________, an authorized individual
(NAME)
of _________________________________, make the following certifications
(FIRM)
regarding the subject proposal:
270-Day Offer: This proposal is a firm offer for a 270-day (or more) period from the
date of submission.
The firm has complied with the requirements of the Procurement Lobbying Act.
MWBE Status - check all that apply (NOTE: If you, or any sub-consultant, are
claiming status as a certified minority-owned or women-owned business enterprise in
New York State, you may be asked to produce copies of documentation of your status):
___ Minority-Owned
___ Women-Owned
___ Neither of the above
Signature: ____________________________________________
III. ACCEPTANCE OF AGREEMENT*
By signing below, I, _________________________________, authorized individual
(NAME)
of ______________________ hereby (ACCEPT/DO NOT ACCEPT) (circle one)
(FIRM)
all the terms and conditions of Contract contained Attachment B to this Request for Proposals.
Signature: ________________________________________
( NAME OF ACCEPTOR)
* Any exceptions or deviations taken must contain sufficient amplification and justification to permit
evaluation. The benefit to CUNY shall be explained for each exception taken. List any exceptions
on a separate sheet(s) of paper and attach to this form. Such exceptions will not, of themselves,
automatically cause a proposal to be termed unacceptable. However, a large number of exceptions -
or one or more significant exceptions not providing benefit to CUNY - may result in rejection of such
proposal as unacceptable.
Page 74 of 89
ATTACHMENT F: PROCUREMENT LOBBYING ACT AND FORMS
Procurement Lobbying Act
1. Required Forms: The consultant shall sign and e-mail or fax the following forms.
These forms are part of and due no later than the submission of the consultant’s
proposal.
a) “Offerer’s Affirmation of Understanding of and Agreement pursuant to State
Finance Law §139-j (3) and §139-j (6) (b)”
b) “Offerer Disclosure of Prior Non-Responsibility Determinations”.
2. CUNY Guidelines and Procedures
Under the requirements of the State Procurement Lobbying Act all communications
regarding advertised projects are to be channeled through the Office of the University
Controller (Designated Contacts). Communication with any other CUNY employee
concerning this project during the restricted period (i.e. from advertisement through
designation) that is determined to be an attempt to influence the procurement may result
in disqualification.
3. Summary of the policy and prohibitions regarding permissible contacts
a) Contacts prior to designation:
Any communications during the restricted period are only permitted with the following
Designated Contact Person:
Caron Christian
City University of New York
230 W. 41st Street
New York, N. Y. 10036
Attention: Online Educational Services
These are some communications during the restricted period exempted from this
restriction:
Submission of a Proposal;
Submittal of written questions as part of the solicitation process;
Ministerial communications concerning due dates or contact information;
Participation in a pre-proposal conference or site visit;
Complaints by an offeror to CUNY’s Office of General Counsel where the
Designated Contact fails to respond in a timely manner;
Negotiations with the University after notice of a tentative contact award;
Debriefings about a procurement contract award; or
Page 75 of 89
Filing of written disputes in administrative hearings, judicial proceedings and to the
State Attorney General, Inspector General, or Comptroller, or the City District
Attorney.
If any other CUNY employee is contacted and they believe a reasonable person would
infer that the communication was intended to influence the procurement, the contact
must be reported by the CUNY employee. If the University determines an
impermissible contact was made, that offerer cannot be awarded the contract. A second
violation would lead to a four year bar on the award of public contracts to the offerer.
b) Contacts after designation
CUNY identifies its primary negotiation contacts. The designated contacts for
negotiation may then include:
The Office of the University Controller designation analyst
The Office of the University Controller Associate Controller
The Office of General Counsel assigned attorney
The law does not limit who may be contacted during the negotiation process.
However, if any CUNY employee is contacted and they believe a reasonable person
would infer that the communication was intended to influence the procurement, the
contact must be reported by the CUNY employee.
c) Information Required from Offerers that contact CUNY staff, prior to contract
approval by the Office of the State Comptroller:
The individuals contacting CUNY should refer and shall be prepared to provide the
following information, either by e-mail or fax as directed by CUNY:
Person’s name, firm person works for, address of employer, telephone number,
occupation, firm they are representing, and whether owner, employee, retained by or
designated by the firm to appear before or contact CUNY.
d) Applicability to an executed contract
Restrictions similar to those described above apply to approval or denial of an
assignment, amendment (other than amendments that are authorized and payable
under the terms of the procurement contract as it was finally awarded or approved by
the comptroller, as applicable), renewal or extension of a procurement contract, or
any other material change in the procurement contract resulting in a financial benefit
to the offerer. The staff noted above as well as the project manager and outsourced
chief investment officer manager are considered designated contact persons. The
University may identify other contact persons for each of these processes.
4. For more information on this law please visit http://www.ogs.ny.gov/acpl or contact
the Designated Contact listed above.
Page 76 of 89
Offerer’s Affirmation of Understanding of and Agreement pursuant to State Finance Law
§139-j (3) and §139-j (6) (b)
Offerer affirms that it understands and agrees to comply with the procedures of the Government
Entity relative to permissible Contacts as required by State Finance Law §139-j (3) and §139-j
(6) (b).
Contract Procurement No. UCO-657
By: ___________________________________ Date:____________________
Name: ________________________________
Title: _________________________________
Contractor Name: _______________________________________________________
Contractor Address: _____________________________________________
______________________________________________________________________
______________________________________________________________________
Form 1
Page 77 of 89
Offerer Disclosure of Prior Non-Responsibility Determinations Name of Individual or Entity Seeking to Enter into the Procurement Contract
_____________________________________________________________________________________
Address: _____________________________________________________________________________
Name and Title of Person Submitting this Form: _______________________________________________
Contract Procurement Number: ______________UCO-657_________________
Date:________________________
1. Has any Governmental Entity made a finding of non-responsibility regarding the individual or entity seeking to
enter into the Procurement Contract in the previous four years?
(Please circle): No Yes
If yes, please answer the next three questions:
2. Was the basis for the finding of non-responsibility due to a violation of State Finance Law §139-j (Please circle):
No Yes
3. Was the basis for the finding of non-responsibility due to the intentional provision of false or incomplete
information to a Governmental Entity? (Please circle): No Yes
4. If you answered yes to any of the above questions, please provide details regarding the finding of non-
responsibility below.
Governmental Entity: ___________________________________________________________
Date of Finding of Non-responsibility: ______________________________________________
Basis of Finding of Non-Responsibility: _____________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
(Add additional pages as necessary)
5. Has any Governmental Entity or other governmental agency terminated or withheld a Procurement Contract with
the above-named individual or entity due to the intentional provision of false or incomplete information? (Please
circle): No Yes
6. If yes, please provide details below.
Governmental Entity: ____________________________________
Date of Termination or Withholding of Contract: ____________________________________
Basis of Termination or Withholding: ____________________________________________
___________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
(Add additional pages as necessary)
Offerer certifies that all information provided to the Governmental Entity with respect to State Finance Law
§139-k is complete, true and accurate.
By: ________________________________ Date: _________________________
Signature
Name: ______________________________
Title: ______________________________ Form 2
Page 78 of 89
ATTACHMENT G
Diversity Practices Questionnaire
I, ___________________, as __________________ (title) of _______________firm or company
(hereafter referred to as the “company”), swear and/or affirm under penalty of perjury that the
answers submitted to the following questions are complete and accurate to the best of my
knowledge:
(1) Does your company have a Chief Diversity Officer or other individual who is tasked with
supplier diversity initiatives? Yes or No
If Yes, provide the name, title, description of duties, and evidence of initiatives performed by
this individual or individuals.
Diversity Scoring Matrix: 5 points
(2) What percentage of your company’s gross revenues (from your prior fiscal year) was paid to
New York State certified minority and/or women-owned business enterprises as
subcontractors, suppliers, joint-venturers, partners or other similar arrangement for the
provision of goods or services to your company’s clients or customers?
Diversity Scoring Matrix: 16 points
(3) What percentage of your company’s overhead (i.e. those expenditures that are not directly
related to the provision of goods or services to your company’s clients or customers) or non-
contract-related expenses (from your prior fiscal year) was paid to New York State certified
minority- and women-owned business enterprises as suppliers/contractors?1
Diversity Scoring Matrix: 25 points
(4) Does your company provide technical training2 to minority- and women-owned business
enterprises? Yes or No
1 Do not include onsite project overhead. 2 Technical training is the process of teaching employees how to more accurately and thoroughly perform the technical components of their jobs. Training can include technology applications, products, sales and service tactics, and more. Technical skills are job-specific as opposed to soft skills, which are transferable.
Page 79 of 89
If Yes, provide a description of such training which should include, but not be limited to, the
date the program was initiated, the names and the number of minority- and women-owned
business enterprises participating in such training, the number of years such training has been
offered and the number of hours per year for which such training occurs.
Diversity Scoring Matrix: 16 points
(5) Is your company participating in a government approved minority- and women-owned
business enterprise mentor-protégé program?
If Yes, identify the governmental mentoring program in which your company participates and
provide evidence demonstrating the extent of your company’s commitment to the
governmental mentoring program.
Diversity Scoring Matrix: 12 points
(6) Does your company include specific quantitative goals for the utilization of minority- and
women-owned business enterprises in its non-government procurements? Yes or No
If Yes, provide a description of such non-government procurements (including time period,
goal, scope and dollar amount) and indicate the percentage of the goals that were attained.
Diversity Scoring Matrix: 20 points
(7) Does your company have a formal minority- and women-owned business enterprise supplier
diversity program? Yes or No
If Yes, provide documentation of program activities and a copy of policy or program materials.
Diversity Scoring Matrix: 6 points
NOTE: Pursuant to Section 4.2 Proposal Scoring, the maximum possible weighed score for
responses related to the “Diversity Practices Questionnaire” will be 5 points of the “Technical and
Page 80 of 89
Management Proposal”. The Diversity Scoring Matrix above reflects the unweighted score. For
additional information, proposers are advised to review Section 4. Proposal Evaluation.
All information provided in connection with the questionnaire is subject to audit and any
fraudulent statements are subject to criminal prosecution and debarment.
Signature of
Owner/Official
Printed Name of
Signatory
Title
Address
City, State, Zip
STATE OF _______________________________
COUNTY OF ) ss:
On the ______ day of __________, 201_, before me, the undersigned, a Notary Public in
and for the State of __________, personally appeared _______________________________,
personally known to me or proved to me on the basis of satisfactory evidence to be the individual
whose name is subscribed to this certification and said person executed this instrument.
__________________________
Notary Public
Page 81 of 89
ATTACHMENT H
NYS Executive Law Article 15-A Provisions
This Attachment describes certain requirements applicable to this RFP and to all Proposers and (2) any contract resulting from this RFP (the “Contract”) and to any contractor selected as a result of this RFP (the “Contractor”). Failure by any Proposer to timely provide any of the documents, plans, and the like contemplated in this Attachment that are required to be delivered to CUNY prior to Contract award shall be grounds for CUNY to reject such Proposer’s Proposal as non-responsive. In addition, failure by any Contractor to comply with the any of the following requirements may, in the sole and absolute discretion of CUNY, result in a finding of non-responsibility and/or a breach of the Contract, leading to the withholding of funds, assessment of liquidated damages, suspension or termination of the Contract and/or such other actions or enforcement proceedings as allowed by the Contract, law or equity. Capitalized terms used but not defined in this Attachment shall have the meaning set forth in the RFP of which this Attachment is a part.
I. RFP Provisions. The following provisions apply to the RFP and to any Contract awarded under the RFP. All Proposers responding to this RFP are subject to the following provisions.
1. New York State Law
Pursuant to New York State Executive Law Article 15-A, Parts 140-145 of Title 5 of the New York Codes, Rules and Regulations, and CUNY policy, CUNY i s r equ i r ed to promote opportunities for the maximum feasible participation of New York State-certified Minority- and Women-owned Business Enterprises (“MWBE”) and the employment of minority group members and women in the performance of CUNY contracts.
2. Business Participation Opportunities for MWBEs
CUNY may have established an overall participation goal for New York State-certified minority- and women-owned business enterprises (“MWBE”), and specific participation goals for New York State-certified minority-owned business enterprises (“MBE”) and New York State-certified women-owned business enterprises (“WBE”), for the Contract (based on the current availability of qualified MBEs and WBEs) (“MWBE Goals”). Any such MWBE Goals will be set forth in the RFP. If no MWBE Goals appear the RFP, or if the RFP indicates that there are no MWBE Goals, then CUNY will be deemed to have set no MWBE Goals for the RFP and the Contract, and no MWBE Goals will apply.
As discussed further below, if MWBE Goals have been set for this RFP, the Contractor must document its good faith efforts to provide meaningful participation by MWBEs as subcontractors or suppliers in the performance of the Contract. To that end, by submitting a Proposal to this RFP, Proposer agrees that CUNY may withhold payment pursuant to any Contract awarded as result of this RFP pending receipt of the required MWBE documentation. The directory of New York State Certified MWBEs can be viewed at: https://ny.newnycontracts.com.
For guidance on how CUNY will determine a Contractor’s “good faith efforts,” refer to 5 NYCRR §142.8.
The respondent understands that only sums paid to MWBEs for the performance of a commercially useful function, as that term is defined in 5 NYCRR § 140.1, may be applied towards the achievement of the applicable MWBE participation goal. For Contracts that are determined to be construction contracts by CUNY, acting in its sole and absolute discretion (“Construction
Page 82 of 89
Contracts”), the portion of a Construction Contract with an MWBE serving as a supplier that shall be deemed to represent the commercially useful function performed by the MWBE shall be 60 percent of the total value of the Construction Contract. The portion of a Construction Contract with an MWBE serving as a broker that shall be deemed to represent the commercially useful function performed by the MWBE shall be the monetary value for fees, or the markup percentage, charged by the MWBE. For all Contracts that are not Construction Contracts, the portion of a contract with an MWBE serving as a broker that shall be deemed to represent the commercially useful function performed by the MWBE shall be 25 percent of the total value of the contract.
In accordance with 5 NYCRR §142.13, the Proposer acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract, such finding constitutes a breach of Contract and CUNY may withhold payment as liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and all sums actually paid to MWBEs for work performed or materials supplied under the Contract.
By submitting a Proposal, a Proposer agrees to demonstrate its good faith efforts to achieve the MWBE Goals by submitting evidence thereof to CUNY, including, without limitation, all forms, documents, data, information, and the like contemplated in this Attachment. Proposers, and any selected Contractor, shall submit all forms, documents and correspondence required to be submitted under this Attachment to the College-Designated Contact at the Proposal Location, and to any other individual and address otherwise designated in writing by CUNY for such purposes from time to time. Notwithstanding anything to the contrary herein, if and to the extent required by CUNY from time to time, the Proposer and any selected Contractor shall submit all forms, documents, data, information, and the like contemplated in this Attachment electronically, including, without limitation, to the New York State Contract System (which can be viewed at https://ny.newnycontracts.com). Contractor shall make any such electronic submissions in the manner and format required by CUNY from time to time, and such electronic submissions shall be in addition to the original copies to be submitted to CUNY using the forms contemplated in this Attachment.
Additionally, If MWBE Goals have been set for this RFP, the Proposer agrees to submit the following documents and information as evidence of compliance with the foregoing:
A. A Proposer is required to submit a Suppl i er Divers i t y ( MWBE/SDVOB) Utilization Plan (“Utilization Plan”) using the form attached hereto with its Proposal. Any modifications or changes to the Utilization Plan after the Contract award and during the term of the Contract must be reported on a revised Utilization Plan and submitted to CUNY. CUNY will review the submitted Utilization Plan and advise the Proposer of CUNY acceptance or issue a notice of deficiency within 30 days of receipt.
B. If a notice of deficiency is issued, the Proposer will be required to respond to the notice of deficiency within seven (7) business days of receipt by submitting to the College-Designated Contact a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by CUNY to be inadequate, CUNY shall notify the Proposer and direct the Proposer to submit, within five (5) business days, a request for a partial or total waiver of the MWBE Goals using the Supplier Diversity (MWBE/SDVOB) – Request for Waiver Form (“Request for Wavier”). Failure to file the waiver form in a timely manner may be grounds for disqualification of the Proposal.
C. In addition to and without limiting any rights CUNY may have, if MWBE Goals have been set for the RFP, then CUNY may disqualify a Proposer as being non-responsive under the following circumstances: i. If a Proposer fails to submit a Utilization Plan; ii. If a Proposer fails to submit a written remedy to a notice of deficiency;
Page 83 of 89
iii. If a Proposer fails to submit a Request For Waiver; or iv. If CUNY determines that the Proposer has failed to document good faith efforts to
meet the MWBE Goals.
As discussed further below, the Contractor will be required to attempt to utilize, in good faith, any MBE or WBE identified within its Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract Award may be made at any time during the term of the Contract to CUNY, but must be made no later than prior to the submission of a request for final payment on the Contract.
If MWBE Goals have been set for the RFP, the Contractor will be required to submit a Supplier Diversity (MWBE/SDVOB) - Quarterly Contractor Compliance & Payment Report or on a form required by CUNY no later than the 10th day following each end of quarter over the term of the Contract documenting the progress made toward achievement of the MWBE goals of the Contract.
3. Equal Employment Opportunity Requirements
By submission of a Proposal in response to this RFP, the Proposer agrees with all of the terms and conditions of Appendix A, Standard Clauses for New York State Contracts, including without limitation Clause 12 - Equal Employment Opportunities for Minorities and Women. Proposer shall submit to CUNY a Minority and Women-Owned Business Enterprises and Equal Employment Opportunity Policy Statement in form and substance acceptable to CUNY and within 10 days of CUNY’s request, as more fully described below.
The Contractor is required to ensure that it and any subcontractors awarded a subcontract 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, undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services unrelated to the Contract; or (ii) employment outside New York State.
If awarded a Contract, Proposer shall submit a Workforce Utilization Report and shall require each of its Subcontractors to submit Workforce Utilization Reports, in such form, manner, and frequency as may be required by CUNY during the term of the Contract.
Further, pursuant to Article 15 of the Executive Law (the “Human Rights Law”), all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor and sub-contractors will not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest.
Page 84 of 89
II. Contract Provisions. The following provisions apply to any Contract awarded pursuant
to this RFP that is described in paragraph 1(A) below, and to any respective Contractor.
1. General Provisions A. Contractor and CUNY hereby agree that the provisions of New York State Executive Law
Article 15-A and Parts 140-145 of Title 5 of New York Codes, Rules and Regulations (as amended or supplemented from time to time, the “MWBE Regulations”) shall apply to the Contract and are incorporated herein by reference if this is a contract (1) in excess of $25,000 for labor, services, equipment, materials, or any combination of the foregoing or (2) in excess of $100,000 for real property renovations and construction.
B. The contractor to the subject contract (“Contractor” and the “Contract,” respectively) agrees, in addition to any other nondiscrimination provision of the Contract and at no additional cost to CUNY, to fully comply and cooperate with CUNY in the implementation of New York State Executive Law Article 15-A and the MWBE Regulations. These requirements include equal employment opportunities for minority group members and women (“EEO”) and contracting opportunities for New York State certified minority- and women-owned business enterprises. The Contractor’s demonstration of “good faith efforts” pursuant to 5 NYCRR §142.8 shall be a part of these requirements. These provisions shall be deemed supplementary to, and not in lieu of, the nondiscrimination provisions required by New York State Executive Law Article 15 (the “Human Rights Law”) and other applicable federal, state and local laws. Pursuant to Executive Order 162 of 2017, the Workforce Utilization Report may require information on job titles and salary of each employee of the Contractor/Subcontractor performing work on this contract.
C. Failure to comply with all of the requirements herein may result in a finding of non-responsiveness, non- responsibility and/or a breach of contract, leading to the withholding of funds or such other actions, liquidated damages contained in this Attachment or enforcement proceedings as allowed by the Contract.
D. Contractor shall submit all forms, documents, data, information, and the like required under this Attachment to the College-Designated Contact at the address indicated in the RFP for the College-Designated Contact, and to any other individual and address otherwise designated in writing by CUNY for such purposes from time to time. Notwithstanding anything to the contrary herein, if and to the extent required by CUNY from time to time, Contractor shall submit all forms, documents, data, information, and the like contemplated in this Attachment electronically. Contractor shall make any such electronic submissions in the manner and format required by CUNY from time to time, and such electronic submissions shall be in addition to the original copies to be submitted to CUNY using the forms contemplated in this Attachment.
2. Contract Goals
A. CUNY may have established an overall participation goal for New York State certified minority- and women-owned business enterprises (“MWBE”), and specific participation goals for New York State certified minority-owned business enterprises (“MBE”) and New York State certified women-owned business enterprises (“WBE”), for the Contract (based on the current availability of qualified MBEs and WBEs) (“MWBE Goals”). Any such MWBE Goals will be set forth in Section 1 of the RFP. If no MWBE Goals appear in Section 1 of the RFP, or if Section 1 of the RFP indicates that there are no MWBE Goals, then CUNY will be deemed to have set no MWBE Goals for the RFP and the Contract, and no MWBE Goals will apply.
B. For purposes of providing meaningful participation by MWBEs on the Contract and achieving any MWBE Goals, the Contractor should reference the directory of MWBEs found at the following internet address: https://ny.newnycontracts.com.
Page 85 of 89
Additionally, the Contractor is encouraged to contact the Division of Minority and Woman Business Development at (212) 803-2414 to discuss additional methods of maximizing participation by MWBEs on the Contract.
C. Where MWBE Goals have been established herein, pursuant to 5 NYCRR §142.8, the Contractor must document “good faith efforts” to provide meaningful participation by MWBEs as subcontractors or suppliers in the performance of the Contract. In accordance with Section 316-a of Article 15-A and 5 NYCRR §142.13, the Contractor acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE Goals set forth in the Contract, such a finding constitutes a breach of contract and the Contractor shall be liable to the CUNY for liquidated or other appropriate damages, as set forth herein. Contractor’s documentation of “good faith efforts” shall include, but not be necessarily limited to:
Such documentation shall include, but not necessarily be limited to: i. Evidence of outreach to MWBEs; ii. Any responses by MWBEs to the Contractor’s outreach; iii. Copies of advertisements for participation by MWBEs in appropriate general
circulation, trade, and minority or women-oriented publications; iv. The dates of attendance at any pre-bid, pre-award, or other meetings, if any, scheduled
by CUNY with MWBEs; and, v. Information describing specific steps undertaken by the Contractor to reasonably
structure the Contract scope of work to maximize opportunities for MWBE participation.
D. The Contractor understands that only sums paid to MWBEs for the performance of a commercially useful function, as that term is defined in 5 NYCRR § 140.1, may be applied towards the achievement of the applicable MWBE participation goal. For Contracts that are determined to be construction contracts by CUNY, acting in its sole and absolute discretion (“Construction Contracts”), the portion of a Construction Contract with an MWBE serving as a supplier that shall be deemed to represent the commercially useful function performed by the MWBE shall be 60 percent of the total value of the Construction Contract. The portion of a Construction Contract with an MWBE serving as a broker that shall be deemed to represent the commercially useful function performed by the MWBE shall be the monetary value for fees, or the markup percentage, charged by the MWBE. For all Contracts that are not Construction Contracts, the portion of a contract with an MWBE serving as a broker that shall be deemed to represent the commercially useful function performed by the MWBE shall be 25 percent of the total value of the contract.
3. Equal Employment Opportunity (“EEO”)
A. The provisions of Article 15-A of the Executive Law and the rules and regulations
promulgated thereunder pertaining to equal employment opportunities for minority group
members and women shall apply to the Contract. B. In performing the Contract, the Contractor shall:
i. Ensure that each contractor and any subcontractor performing Work under the Contract shall undertake or continue existing EEO programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, EEO shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation.
ii. The Contractor shall submit or have submitted to CUNY a Minority and Women-
Page 86 of 89
Owned Business Enterprises and Equal Employment Opportunity Policy Statement in form and substance acceptable to CUNY (“EEO Policy Statement”) within ten days of CUNY’s request, and CUNY shall have the right to make the submission of an EEO Policy Statement a condition of Contract award.
iii. If the Contractor or any of i t s subcontractors does not have an existing EEO Policy Statement, CUNY may require the Contractor or subcontractor to adopt a model EEO Policy Statement provided by CUNY.
iv. The Contractor’s EEO Policy Statement shall include the following language: a. The Contractor will not discriminate against any employee or applicant for
employment because of race, creed, color, national origin, sex, age, disability or marital status, will undertake or continue existing EEO programs 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.
b. The Contractor shall state in all solicitations or advertisements for employees that, in the performance of the 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.
c. 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.
d. The Contractor will include the provisions of Subdivisions (a) through (c) of this Subsection 4 and Paragraph “E” of this Section III, which provides for relevant provisions of the Human Rights Law, in every subcontract in such a manner that the requirements of the subdivisions will be binding upon each Subcontractor as to work in connection with the Contract.
C. Staffing Plan As required by CUNY, Contractor shall submit or have submitted an Equal Employment Opportunity Staffing Plan, using a form required by CUNY, to document the composition of the proposed workforce to be utilized in the performance of the Contract by the specified categories listed, including ethnic background, gender, and Federal occupational categories (a “Staffing Plan”). Contractors shall have completed and submitted the Staffing Plan within ten days of CUNY’s request.
D. Workforce Utilization Report (“Workforce Report”) i. The Contractor shall submit a Workforce Utilization Report, and shall require each of
its subcontractors to submit Workforce Utilization Reports, in such form, manner, and frequency as may be required by CUNY during the term of the Contract.
ii. Separate forms shall be completed by the Contractor and any subcontractors.
E. The Contractor shall comply with the provisions of the Human Rights Law, all other State and Federal statutory and constitutional non-discrimination provisions. The Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the
Page 87 of 89
Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest.
The following provisions contained in Sections 4 through 7 below apply to Contracts for which
MWBE Goals have been set.
4. Suppl ie r Divers i t y ( MWBE/SDVOB) Utilization Plan
A. The Contractor represents and warrants that Contractor has submitted to CUNY an Suppl ie r Divers i t y ( MWBE/SDVOB) Utilization Plan (“Utilization Plan”), or shall submit a Utilization Plan at such time as may be required by CUNY, in the form and manner required by CUNY.
B. The Contractor agrees to adhere to such Utilization Plan in the performance of the Contract.
C. The Contractor further agrees that failure to submit and/or adhere to such Utilization Plan shall constitute a material breach of the terms of the Contract. Upon the occurrence of such a material breach, CUNY shall be entitled to any remedy provided herein, including but not limited to, a finding that the Contractor is non-responsive.
D. The Contractor acknowledges and agrees that firms that do not perform commercially useful functions (as defined in 5 NYCRR Part 140.1) may not be counted towards utilization of certified minority-and women-owned business enterprises in the Utilization Plan. Contractor further acknowledges and agrees that making false representations or including information evidencing a lack of good faith as part of, or in conjunction with, the submission of a Utilization Plan is prohibited by law and may result in penalties including, but not limited to, termination of a contract for cause, loss of eligibility to submit future bid submissions, proposals, and/or withholding of payments.
5. Waivers A. Any request by the Contractor for a partial or total waiver of the MWBE Goals must be
submitted in the form and manner required by CUNY (a “Request for Waiver”). B. If Contractor, after making good faith efforts, is unable to achieve the MWBE Goals, the
Contractor may submit a Request for Waiver. Such Request for Waiver must be supported by evidence of Contractor’s good faith efforts to achieve maximum feasible participation towards the MWBE Goals. If the Request for Waiver is complete, and the Contractor has provided to CUNY’s satisfaction such additional documentation that may be required by CUNY, CUNY shall evaluate the Request for Waiver and issue a written notice of approval or denial within twenty (20) business days of receipt.
C. If CUNY, upon review of the Utilization Plan and updated Supplier Diversity (MWBE/SDVOB) - Quarterly Contractor Compliance & Payment Report described in Section 6 below, or any other relevant information, determines that the Contractor is failing or refusing to comply with the Contract goals and no waiver has been issued in regards to such non-compliance, CUNY may issue a notice of deficiency to the Contractor. The Contractor must respond to the notice of deficiency within seven (7) business days of receipt. Such response may include a request for partial or total waiver of MWBE Goals.
6. Supplier Diversity (MWBE/SDVOB) Quarterly Contractor Compliance & Payment Report The Contractor is required to submit to CUNY a Supplier Diversity (MWBE/SDVOB) - Quarterly Contractor Compliance & Payment Report in form and manner required by CUNY by the 10th day following each end of quarter over the term of the Contract.
7. Liquidated Damages - MWBE Participation A. Where CUNY determines that the Contractor is not in compliance with the requirements
Page 88 of 89
of this Attachment and the Contractor refuses to comply with such requirements, or if the Contractor is found to have willfully and intentionally failed to comply with the MWBE Goals, Contractor shall be obligated to pay to CUNY liquidated damages.
B. Such liquidated damages shall be calculated as an amount equaling the difference between: i. All sums identified for payment to MWBEs had the Contractor achieved the
contractual MWBE goals; and ii. All sums actually paid to MWBEs for work performed or materials supplied under the
Contract. C. In the event a determination has been made which requires the payment of liquidated
damages and such identified sums have not been withheld by CUNY, the Contractor shall pay such liquidated damages to CUNY within sixty (60) days after they are assessed by the CUNY. Provided, however, that if the Contractor has filed a complaint with the Director of the Division of Minority and Women’s Business Development pursuant 5 NYCRR 142.12, liquidated damages shall be payable only in the event of a determination adverse to the Contractor following the complaint process.
Page 89 of 89
ATTACHMENT I: MWBE & EEO FORMS
MWBE & EEO Forms
Form #1 – Supplier Diversity MWBE/SDVOB Utilization Plan
Form #2 – Supplier Diversity (MWBE/SDVOB) Request for Waiver Form
Form #3 – Supplier Diversity (MWBE/SDVOB) Quarterly MWBE Contractor Compliance Report
Form #4 – Minority and Women-Owned Business Enterprises and Equal Employment
Opportunity Policy Statement
Form #5 – Equal Employment Opportunity (EEO) Staffing Plan
Form #6 –Workforce Employment Utilization Report
[FORMS TO FOLLOW THIS PAGE]
SUPPLIER DIVERSITY (MWBE/SDVOB) - UTILIZATION PLAN
INSTRUCTIONS: This form must be submitted with any bid, proposal, proposed/negotiated contract or as otherwise required by CUNY, but prior to contract award. The Supplier Diversity – MWBE/SDVOB Utilization Plan must contain a detailed description of the services and/or supplies to be provided by each NYS-certified Minority and Women-owned Business Enterprise (MWBE) and/or Service-Disabled Veteran-Owned Business (SDVOB) as subcontractors and/or suppliers under the proposed agreement. Attach additional sheets if necessary.
Bidder/Proposer’s Name: Federal Identification No.: Address: Solicitation No.: City, State, Zip Code: MWBE Goals: MWBE % or (MBE % WBE %) Telephone No.: SDVOB Goal: SDVOB % Region/Location of Work: Total Dollar Value of Contract: $
NYS-certified MWBE & SDVOB Subcontractors/Suppliers Contact Information
NYS Certification (Check One)
Subcontract Information
Description of Work / Supplies Provided Contract Value Start Date Completion Date
Company Name: Address: Contact Name: E-Mail Address:
FEIN:
Phone #:
MBE WBE SDVOB
$
Company Name: Address: Contact Name: E-Mail Address:
FEIN:
Phone #:
MBE WBE SDVOB
$
Company Name: Address: Contact Name: E-Mail Address:
FEIN:
Phone #:
MBE WBE SDVOB
$
Note: If unable to fully meet the MWBE and/or SDVOB participation goals set forth in the solicitation, the bidder/proposer must submit a Request for Waiver form for a partial waiver, in addition to the Utilization Plan. Select One: New Utilization Plan or Modification to Existing/Approved Utilization Plan Prepared By (Signature):___________________________________ Date: Name and Title of Preparer (Print or Type): Email Address: SUBMISSION OF THIS FORM CONSTITUTES THE BIDDER/PROPOSER’S ACKNOWLEDGEMENT AND CONTRACT TO COMPLY WITH THE MWBE AND SDVOB REQUIREMENTS SET FORTH UNDER NYS EXECUTIVE LAW ARTICLE 15-A AND ARTICLE 17-B, 5 NYCRR PART 143, 9 NYCRR PART 252, AND THE ABOVE-REFERENCED SOLICITATION. FAILURE TO SUBMIT COMPLETE AND ACCURATE INFORMATION MAY RESULT IN A FINDING OF NON-RESPONSIVENESS, NONCOMPLIANCE AND POSSIBLE TERMINATION OF THE CONTRACT.
CUNY – PURCHASING OFFICE
CONTRACT AWARD DATE:
ESTIMATED DATE OF COMPLETION:
DESCRIPTION OF PROJECT:
CUNY – SUPPLIER DIVERSITY
REVIEWED BY:
MWBE PARTICIPATION:
UTILIZATION PLAN APPROVED:
NOTICE OF DEFICIENCY ISSUED:
NOTICE OF ACCEPTANCE ISSUED:
DATE:
SDVOB PARTICIPATION:
YES NO Date:_______
YES NO Date:_______
YES NO Date:_______
REV: 02/2017
SUPPLIER DIVERSITY (MWBE/SDVOB) - REQUEST FOR WAIVER
INSTRUCTIONS: This form must be submitted if the bidder/proposer/contractor is unable to meet the MWBE and/or SDVOB participation goals set forth in the solicitation or contract. To be considered, the Supplier Diversity (MWBE/SDVOB) – Request for Waiver form must be accompanied by written responses to questions 1 – 11, as listed on the second page of this form, along with all relevant supporting documentation, unless requesting a Waiver Type #4. Attach additional sheets as necessary.
Bidder/Proposer/Contractor’s Name: Federal Identification No.: Address: Solicitation/Contract/Purchase Order No.: City, State, Zip Code: MWBE Goals: MWBE % or (MBE % WBE %) Telephone No.: SDVOB Goal: SDVOB % Region/Location of Work: Total Dollar Value of Contract: $
Waiver Type Being Requested (select all that apply):
1. MBE Waiver – A waiver of the MBE Participation Goal for this procurement is requested: 2. WBE Waiver – A waiver of the WBE Participation Goal for this procurement is requested: 3. MWBE Waiver – A waiver of the MWBE Participation Goal for this procurement is requested:
Total Partial: _____ % Goal
Total Partial: _____ % Goal
Total Partial: _____ % Goal
4. Waiver Pending ESD Certification – (Check here if subcontractors or suppliers of Contractor are not NYS-certified M/WBE, but an application for certification has been filed with NYS Empire State Development.) Attach a copy of the notice of application receipt and provide date of such filing with NYS Empire State Development:____________
5. SDVOB Waiver – A waiver of the SDVOB Participation Goal for this procurement is requested: Total Partial: _____ % Goal
BY SUBMITTING THIS FORM AND THE REQUIRED INFORMATION, THE BIDDER/PROPOSER/CONTRACTOR CERTIFIES THAT EVERY GOOD FAITH EFFORT HAS BEEN TAKEN TO PROMOTE NYS-CERTIFIED MWBE AND SDVOB PARTICIPATION PURSUANT TO THE REQUIREMENTS SET FORTH UNDER THE SOLICITATION AND/OR CONTRACT. Submitted (Select One): With Bid/Proposal or During Contract Term Prepared By (Signature):___________________________________ Date: Name and Title of Preparer (Print or Type): Email Address: SUBMISSION OF THIS FORM CONSTITUTES THE BIDDER/PROPOSER/CONTRACTOR’S ACKNOWLEDGEMENT AND CONTRACT TO COMPLY WITH THE MWBE AND SDVOB REQUIREMENTS SET FORTH UNDER NYS EXECUTIVE LAW ARTICLE 15-A AND ARTICLE 17-B, 5 NYCRR PART 143, 9 NYCRR PART 252, AND THE ABOVE-REFERENCED SOLICTATION AND/OR CONTRACT. FAILURE TO SUBMIT COMPLETE AND ACCURATE INFORMATION MAY RESULT IN A FINDING OF NON-RESPONSIVENESS, NONCOMPLIANCE AND/OR TERMINATION OF THE CONTRACT.
CUNY – SUPPLIER DIVERSITY REVIEWED BY:
DATE:
Waiver Granted: YES NO - Notice of Deficiency Issued: ______
If Yes - Total Waiver – MWBE Participation Goal Total Waiver – SDVOB Participation Goal Partial Waiver: MBE WBE MWBE SDVOB Revised MWBE Goal: ________ Revised SDVOB Goal: ________ ESD Certification Waiver Conditional Waiver Comments:_____________________________________________
REV: 02/2017
SUPPLIER DIVERSITY (MWBE/SDVOB) - REQUIREMENTS AND DOCUMENT SUBMISSION INSTRUCTIONS
1. Submit the Supplier Diversity (MWBE/SDVOB) - Request for Waiver form with bid or proposal, or as otherwise required by CUNY to such address and office as required by The City University of New York.
2. Provide a statement setting forth your basis for requesting a partial or total waiver of MWBE and/or SDVOB participation goals.
3. The names of general circulation, trade association, and MWBE/SDVOB-oriented publications in which you solicited NYS-certified MWBEs and/or SDVOBs for the purposes of complying with the participation goals.
4. A list identifying the date(s) that all solicitations for NYS-certified MWBE and/or SDVOB participation were published in any publications in response to question #3.
5. A list of all NYS-certified MWBEs and/or SDVOBs appearing in the NYS Directory of Certified Firms that were solicited for purposes of complying with your NYS-certified MWBE
and/or SDVOB participation goals.
6. Copies of notices, dates of contact, letters, and other correspondence as proof that solicitations were made in writing to all NYS-certified MWBEs and/or SDVOBs, for the purposes of complying with your NYS-certified MWBE and/or SDVOB participation goals.
7. Provide copies of your solicitation (or a sample copy of an identical solicitation) and responses made by NYS-certified MWBEs and/or SDVOBs in response.
8. Provide a description of any contract documents, plans, or specifications made available to NYS-certified MWBEs and/or SDVOBs for purposes of soliciting their bids and the
date and manner in which these documents were made available.
9. Provide documentation of any negotiations between you (the Bidder/Proposer/Contractor), and the MWBEs and/or SDVOBs undertaken for purposes of complying with the MWBE and/or SDVOB participation goals.
10. Provide any other information you deem relevant which may help us in evaluating your request for a waiver.
11. Provide the name, title, address, telephone number, and email address of bidder/proposer/contractor’s representative authorized to discuss and negotiate this waiver
request.
Note: Unless a Total Waiver has been granted, the Bidder/Proposer/Contractor will be required to submit all reports and documents pursuant to the provisions set forth in the solicitation and/or contract, as deemed appropriate by The City University of New York, to determine MWBE and/or SDVOB participation compliance.
SUPPLIER DIVERSITY (MWBE/SDVOB) - QUARTERLY CONTRACTOR COMPLIANCE & PAYMENT REPORT INSTRUCTIONS: This report must be submitted by the Contractor to demonstrate compliance with MWBE and/or SDVOB participation goals set forth in the agreement referenced
below. Use this form to list the payments made to NYS-certified MWBEs and/or SDVOBs only. To be processed, this form must be accompanied by supporting documentation to validate and verify payment. *Product key codes are available on the second page of this reporting form. Attach additional sheets as needed.
Contractor’s Name: Federal Identification No.: Address: Contract/Purchase Order #: City, State, Zip Code: Project Description: Telephone No.:
Reporting Period Contract Information MWBE Goals/Subcontract Amt. SDVOB Goal/Subcontract Amt.
1st Quarter (7/1-9/30)
3rd Quarter (1/1-3/31)
2nd Quarter (10/1-12/31)
4th Quarter (4/1-6/30)
Final Report (please circle one): Yes No Project Completion Date: Paid to Contractor This Quarter: $ Total Paid to Contractor To Date: $
MWBE % = $ OR
MBE % = $ WBE % = $
SDVOB % = $
I certify that the information presented in the Supplier Diversity (MWBE/SDVOB) - Quarterly Contractor Compliance Report is accurate.
Prepared By (Signature):___________________________________ Date: Name and Title of Preparer (Print or Type): Email Address:
CUNY – SUPPLIER DIVERSITY REVIEWED BY:
DATE:
REV: 02/2017
NYS-certified MWBE & SDVOB Subcontractors/Suppliers
Product Code*
NYS Certification (Check One)
Work Status This Report
Subcontract Information Total
Subcontract Value Payments
This Quarter Previous
Payments Total Payments Made to Date
Name: Address: FEIN:
MBE WBE SDVOB
Active Inactive Complete
$ $ $ $
Name: Address: FEIN:
MBE WBE SDVOB
Active Inactive Complete
$ $ $ $
Name: Address: FEIN:
MBE WBE SDVOB
Active Inactive Complete
$ $ $ $
Name: Address: FEIN:
MBE WBE SDVOB
Active Inactive Complete
$ $ $ $
Total $ $ $ $
SUPPLIER DIVERSITY (MWBE/SDVOB) - PRODUCT KEY CODE
A = Agriculture/ Landscaping (e.g., all forms of landscaping services) B = Mining (e.g., geological investigations) C = Construction C15 = Building Construction – General Contractors C16 = Heavy Construction (e.g., highway, pipe laying) C17 = Special Trade Contractors (e.g., plumbing, heating, electrical, carpentry) D = Manufacturing E = Transportation, Communication and Sanitary Services (e.g., delivery services, warehousing, broadcasting and cable systems) F/G = Wholesale/Retail Goods (e.g. hospital supplies and equipment, food stores, computer stores, office supplies G52 = Construction Materials (e.g., lumber, paint, law supplies) H = Financial, Insurance and Real Estate Services I = Services I73 = Business Services (e.g., copying, advertising, secretarial, janitorial, rental services of equipment, computer programming, security services) I81 = Legal Services I82 = Education Services (e.g., AIDS education, automobile safety, tutoring, public speaking) I83 = Social Services (Counselors, vocational training, child care) I87 = Engineering, architectural, accounting, research, management and related services
MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES and EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT
I, _________________________, the (awardee/contractor) agree to adopt the following policies with respect to the project being developed or services rendered at: ___________________________________________________________________________________________.
This organization will and will cause its contractors and subcontractors to take
good faith actions to achieve the M/WBE contract participations goals set by CUNY for that area in which the CUNY-funded project is located, by taking the following steps:
(1) Actively and affirmatively solicit bids for contracts and subcontracts from qualified State certified MBEs or WBEs, including solicitations to M/WBE contractor associations.
(2) Request a list of State-certified M/WBEs from CUNY and solicit bids from them directly.
(3) Ensure that plans, specifications, request for proposals and other documents used to secure bids will be made available in sufficient time for review by prospective M/WBEs.
(4) Where feasible, divide the work into smaller portions to enhanced participations by M/WBEs and encourage the formation of joint venture and other partnerships among M/WBE contractors to enhance their participation.
(5) Document and maintain records of bid solicitation, including those to M/WBEs and the results thereof. Contractor will also maintain records of actions that its subcontractors have taken toward meeting M/WBE contract participation goals.
(6) Ensure that progress payments to M/WBEs are made on a timely basis so that undue financial hardship is avoided, and that bonding and other credit requirements are waived or appropriate
(a) This organization will not discriminate against any employee or applicant for
employment because of race, creed, color, national origin, sex, age, disability or marital status, will undertake or continue existing programs of affirmative action to ensure that minority group members 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 workforce on CUNY contracts. (b) This organization shall state in all solicitation or advertisements for employees that in the performance of the CUNY contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex disability or marital status. (c) At the request of CUNY, this organization shall request each employment agency, labor union, or authorized 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 this organization’s obligations herein. (d) This organization will include the provisions of sections (a) through (c) of this agreement in every subcontract in such a manner that the requirements of the subdivisions will be binding upon each subcontractor as to work in connection with the CUNY contract.
alternatives developed to encourage M/WBE participation.
Agreed to this _______ day of ____________________, 2___________
By __________________________________________
Print: _____________________________________ Title: _____________________________
M/WBE
EEO
EQUAL EMPLOYMENT OPPORTUNITY (EEO) – STAFFING PLAN
INSTRUCTIONS: SEE PAGE 2 OF THIS ATTACHMENT FOR INSTRUCTIONS Bidder/Proposer Name:
Federal Identification No.:
Address:
Solicitation No.:
Reporting Entity: □ Bidder / Proposer □ Subcontractor (Subcontractor Name: ________________________)
Report includes Contractor’s/Subcontractor’s: □ Workforce to be Utilized on this Contract □ Total Workforce
Enter the total number of employees for each classification in each of the EEO-Job Categories identified.
EEO-Job Category Total Workforce
Workforce by Gender Workforce by Race/Ethnic Identification
Total Male (M)
Total Female
(F)
White Black Hispanic Asian Native American Disabled Veteran
M F M F M F M F M F M F M F
Officials/ Administrators
Professionals
Technicians
Sales Workers
Office / Clerical
Craft Workers
Laborers
Service Workers
Temporary / Apprentices
PREPARED BY (Signature):
Date:
Name and Title of Preparer (Printed or Typed): Telephone Number: Email Address:
REV: 03/2015
INSTRUCTIONS for EEO – STAFFING PLAN
General instructions: The selected Bidder/Proposer and each Subcontractor identified in the bid or proposal must complete an EEO Staffing Plan and submit it within ten (10) days of CUNY’s request. Where the workforce to be utilized in the performance of the CUNY contract can be separated out from the contractor’s and/or subcontractor’s total workforce, the selected Bidder/Proposer shall complete this form only for the anticipated workforce to be utilized on the CUNY contract. Where the workforce to be utilized in the performance of the CUNY contract cannot be separated out from the contractor’s and/or subcontractor’s total workforce, the selected Bidder/Proposer shall complete this form for the contractor’s and/or subcontractor’s total workforce. Instructions for completing: 1. Enter the Solicitation number that this report applies to along with the name and address of the selected Bidder/Proposer.
2. Check off the appropriate box to indicate if the selected Bidder/Proposer completing the report is the contractor or a subcontractor.
3. Check off the appropriate box to indicate workforce to be utilized on the contract or the selected Bidder/Proposer’s total workforce.
4. Enter the total workforce by EEO job category.
5. Break down the anticipated total workforce by gender and enter under the heading ‘Workforce by Gender’
6. Break down the anticipated total workforce by race/ethnic identification and enter under the heading ‘Workforce by Race/Ethnic Identification’. Contact the Authorized Agency Contact Person for the solicitation if you have any questions.
7. Enter information on disabled or veterans included in the anticipated workforce under the appropriate headings.
8. Enter the name, title, phone number and email address for the person completing the form. Sign and date the form in the designated boxes.
Race/Ethnic Identification Race/ethnic designations as used by the Equal Employment Opportunity Commission do not denote scientific definitions of anthropological origins. For the purposes of this form, an employee may be included in the group to which he or she appears to belong, identifies with, or is regarded in the community as belonging. However, no person should be counted in more than one race/ethnic group. The race/ethnic categories for this survey are: • WHITE (Not of Hispanic origin) All persons having origins in any of the original peoples of Europe, North Africa, or the
Middle East. • BLACK a person, not of Hispanic origin, who has origins in any of the black racial groups of the original peoples of Africa. • HISPANIC a person of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin,
regardless of race. • ASIAN & PACIFIC ISLANDER a person having origins in any of the original peoples of the Far East, Southeast Asia, the
Indian subcontinent or the Pacific Islands. • NATIVE INDIAN (NATIVE AMERICAN/ ALASKAN NATIVE) a person having origins in any of the original peoples of North
America, and who maintains cultural identification through tribal affiliation or community recognition.
OTHER CATEGORIES
• DISABLED INDIVIDUAL any person who: - has a physical or mental impairment that substantially limits one or more major life activity(ies) - has a record of such an impairment; or - is regarded as having such an impairment.
• VIETNAM ERA VETERAN a veteran who served at any time between and including January 1, 1963 and May 7, 1975. • GENDER: Male or Female
Reporting Period - Select One
Reporting Entity
Reporting Month - Select One
Contractor Name
Date:
Contractor Address
Workforce Identified in Report
Contract Number
No. of
Employees
No. of
Hours
No. of
Employees
No. of
Hours
No. of
Employees
No. of
Hours
No. of
Employees
No. of
Hours
No. of
Employees
No. of
Hours
No. of
Employees
No. of
Hours
No. of
Employees
No. of
Hours
No. of
Employees
No. of
Hours
No. of
Employees
No. of
Hours
No. of
Employees
No. of
Hours
#N/A #N/A
#N/A #N/A
#N/A #N/A
#N/A #N/A
#N/A #N/A
#N/A #N/A
#N/A #N/A
#N/A #N/A
#N/A #N/A
#N/A #N/A
#N/A #N/A
#N/A #N/A
#N/A #N/A
#N/A #N/A
#N/A #N/A
#N/A #N/A
#N/A #N/A
#N/A #N/A
#N/A #N/A
#N/A #N/A
#N/A #N/A
#N/A #N/A
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Number of Employees and Hours Worked by Race/Ethnic Identification During Reporting Period
Native American/Alaskan NativeHispanic/Latino
Preparer's Name:
Preparer's Title:
Asian/Native Hawaiian or Other Pacific
Islander Occupation Classifications
(SOC Major Group)SOC Job Title
SOC Job
CodeEEO Job Title
Male Female Male FemaleMale Female
White Black/African American
Male Female
Total
Male Female
Contractor Subcontractor January 1 - March 31 April 1 - June 30
July 1 - September 30 October 1 - December 31
January February March
April May June
July August September
October November December
Workforce Utilized in Performance of Contract
Contractor/Subcontractor's Total Workforce
By checking this box, I certify that I personally completed this document and I adopt the name typed above as my electronic signature under the NYS Electronic Signatures and Records Act, with like legal force and effect as if I had physically signed the document.
ATTACHMENT D-1 PRICE PROPOSAL MATRIX
Central Services Year 1 Year 2 Year 3 Year 4 Year 5
Proposed Staff Hours*
Annual Cost (fixed dollar amount for each year)
College Services Year 1 Year 2 Year 3 Year 4 Year 5Marketing & Student Recruitment
(cost per newly enrolled FTE student)
Certificate Programs
0-100 FTE students
101-200 FTE students
201-300 FTE students
301-400 FTE students
401-500 FTE students
501+ FTE students
Page 1 of 16
*Provide a detailed breakout by job title, hourly rate and number of hours and any other pertinent information for the proposed staff hours for each of the years so that CUNY can see how you arrived at the annual cost.
College Services Year 1 Year 2 Year 3 Year 4 Year 5Marketing & Student Recruitment
(PRICE per newly enrolled FTE student)
Associate Programs
0-100 FTE students
101-200 FTE students
201-300 FTE students
301-400 FTE students
401-500 FTE students
501+ FTE students
Baccalaureate Programs
0-100 FTE students
101-200 FTE students
201-300 FTE students
301-400 FTE students
401-500 FTE students
501+ FTE students
PRICE Proposal WorksheetPage 2 of 16
College Services Year 1 Year 2 Year 3 Year 4 Year 5Marketing & Student Recruitment
(PRICE per newly enrolled FTE student)
Masters/Graduate Programs
0-100 FTE students
101-200 FTE students
201-300 FTE students
301-400 FTE students
401-500 FTE students
501+ FTE students
PRICE Proposal WorksheetPage 3 of 16
College Services Year 1 Year 2 Year 3 Year 4 Year 5Academic Support Services
(PRICE per FTE student)Certificate Programs
0-100 FTE students
101-200 FTE students
201-300 FTE students
301-400 FTE students
401-500 FTE students
501+ FTE students
Associate Programs
0-100 FTE students
101-200 FTE students
201-300 FTE students
301-400 FTE students
401-500 FTE students
501+ FTE students
PRICE Proposal WorksheetPage 4 of 16
College Services Year 1 Year 2 Year 3 Year 4 Year 5Academic Support Services
(PRICE per FTE student)Baccalaureate Programs
0-100 FTE students
101-200 FTE students
201-300 FTE students
301-400 FTE students
401-500 FTE students
501+ FTE students
Masters/Graduate Programs
0-100 FTE students
101-200 FTE students
201-300 FTE students
301-400 FTE students
401-500 FTE students
501+ FTE students
PRICE Proposal WorksheetPage 5 of 16
College Services Year 1 Year 2 Year 3 Year 4 Year 5College Support Services (PRICE per FTE student)
Certificate Programs
0-100 FTE students
101-200 FTE students
201-300 FTE students
301-400 FTE students
401-500 FTE students
501+ FTE students
Associate Programs
0-100 FTE students
101-200 FTE students
201-300 FTE students
301-400 FTE students
401-500 FTE students
501+ FTE students
PRICE Proposal WorksheetPage 6 of 16
College Services Year 1 Year 2 Year 3 Year 4 Year 5College Support Services (PRICE per FTE student)
Baccalaureate Programs
0-100 FTE students
101-200 FTE students
201-300 FTE students
301-400 FTE students
401-500 FTE students
501+ FTE students
Masters/Graduate Programs
0-100 FTE students
101-200 FTE students
201-300 FTE students
301-400 FTE students
401-500 FTE students
501+ FTE students
PRICE Proposal WorksheetPage 7 of 16
College Services Year 1 Year 2 Year 3 Year 4 Year 5Technical & Navigation Support
(PRICE per FTE student)Certificate Programs
0-100 FTE students
101-200 FTE students
201-300 FTE students
301-400 FTE students
401-500 FTE students
501+ FTE students
Associate Programs
0-100 FTE students
101-200 FTE students
201-300 FTE students
301-400 FTE students
401-500 FTE students
501+ FTE students
PRICE Proposal WorksheetPage 8 of 16
College Services Year 1 Year 2 Year 3 Year 4 Year 5Technical & Navigation Support
(PRICE per FTE student)Baccalaureate Programs
0-100 FTE students
101-200 FTE students
201-300 FTE students
301-400 FTE students
401-500 FTE students
501+ FTE students
Masters/Graduate Programs
0-100 FTE students
101-200 FTE students
201-300 FTE students
301-400 FTE students
401-500 FTE students
501+ FTE students
PRICE Proposal WorksheetPage 9 of 16
College Services Year 1 Year 2 Year 3 Year 4 Year 5Student Retention Services
(PRICE per FTE student)Certificate Programs
0-100 FTE students
101-200 FTE students
201-300 FTE students
301-400 FTE students
401-500 FTE students
501+ FTE students
Associate Programs
0-100 FTE students
101-200 FTE students
201-300 FTE students
301-400 FTE students
401-500 FTE students
501+ FTE students
PRICE Proposal WorksheetPage 10 of 16
College Services Year 1 Year 2 Year 3 Year 4 Year 5Student Retention Services
(PRICE per FTE student)Baccalaureate Programs
0-100 FTE students
101-200 FTE students
201-300 FTE students
301-400 FTE students
401-500 FTE students
501+ FTE students
Masters/Graduate Programs
0-100 FTE students
101-200 FTE students
201-300 FTE students
301-400 FTE students
401-500 FTE students
501+ FTE students
PRICE Proposal WorksheetPage 11 of 16
College Services Year 1 Year 2 Year 3 Year 4 Year 5All Student Services (full bundle)
(PRICE per FTE student)Certificate Programs
0-100 FTE students
101-200 FTE students
201-300 FTE students
301-400 FTE students
401-500 FTE students
501+ FTE students
Associate Programs
0-100 FTE students
101-200 FTE students
201-300 FTE students
301-400 FTE students
401-500 FTE students
501+ FTE students
PRICE Proposal WorksheetPage 12 of 16
College Services Year 1 Year 2 Year 3 Year 4 Year 5All Student Services (full bundle)
(PRICE per FTE student)Baccalaureate Programs
0-100 FTE students
101-200 FTE students
201-300 FTE students
301-400 FTE students
401-500 FTE students
501+ FTE students
Masters/Graduate Programs
0-100 FTE students
101-200 FTE students
201-300 FTE students
301-400 FTE students
401-500 FTE students
501+ FTE students
PRICE Proposal WorksheetPage 13 of 16
College Services Year 1 Year 2 Year 3 Year 4 Year 5
Instructional Design (Daily Rate)
Senior Instructional Design Specialist (5+ years of experience)
Instructional Design Specialist (fewer than 5 years of experience)
Faculty Professional Development (per capita rate)
Faculty Professional Development in Online Instruction
Specialized Faculty Professional Dev. in Online Instruction
PRICE Proposal WorksheetPage 14 of 16
College Services Year 1 Year 2 Year 3 Year 4 Year 5
Consultant Services (daily rates)
List Up to 12 Titles :
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
PRICE Proposal WorksheetPage 15 of 16
Percentage Discount %
Percentage Discount off of the total price for SOS' that include any services in all of the following areas: (1.) Marketing & Student Recruitment, (2.) Student Services, and (3.) Instructional Design and Faculty Professional Development
PRICE Proposal WorksheetPage 16 of 16
EXHIBIT A
CUNY'S CURRENT ONLINE PROGRAMS
CUNY School of Professional Studies
BA Communication & Media
BA Disability Studies
BA Psychology
BA Sociology
BS Business
BS Health Information Management
BS Information Systems
BS Nursing (degree completion RN-BS)
MA Disability Studies
MA Psychology
MS Business Management & Leadership
MS Data Analytics
MS Disabilty Services In Higher Education
MS Nursing Education Launching in Fall 2017
MS Nursing Organizational Leadership Launching in Fall 2017
MS Nursing Informatics Launching in Fall 2017
BS/MS Nursing RN/Nursing Education Launching in Fall 2017
John Jay College
MPA Public Admin: Inspection & Oversight
MPA Public Admin: Inspection & Oversight:Healthcare
MPA Public Admin: Public Policy and Administration
MS Security Management
MA Criminal Justice
MS Emergency Management
BS Security Management
Lehman College
MS Business
BS Nursing
Online Programs Offered at CUNY