request for proposals - cuny.edu · cuny is in the process of launching a major new initiative...

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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

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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

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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

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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.

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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

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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.

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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).

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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.

https://ny.newnycontracts.com/

http://www.ogs.ny.gov/Core/SDVOBA.asp

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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).

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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.

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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.

mailto:[email protected]

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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.

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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

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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.

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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

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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.

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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.

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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

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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

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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.

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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.

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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;

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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

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- 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.

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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)

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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).

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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.

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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.

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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.

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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,



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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.

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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.

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

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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

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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;

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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

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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

http://www.cuny.edu/about/administration/offices/CIS/security/pnp.html

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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]

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ATTACHMENTS

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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.

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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

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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

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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

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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.

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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,

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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

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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


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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

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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

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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:

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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

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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.

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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.

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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

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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

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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

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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.

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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.

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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,

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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

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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

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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.

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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



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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.

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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

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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

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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.

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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

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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: ______________________________

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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

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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:

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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.

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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: (_____) _____ - ______

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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.

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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

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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.

http://www.ogs.ny.gov/acpl

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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

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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

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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?


(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


(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.

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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.


(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.


(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.


(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.


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

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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

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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

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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;

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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.

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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.

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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-

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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

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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

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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.

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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

$


FEIN:

Phone #:

MBE WBE SDVOB

$


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



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

$ $ $ $


MBE WBE SDVOB


$ $ $ $


MBE WBE SDVOB


$ $ $ $


MBE WBE SDVOB


$ $ $ $

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




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.


(PRICE per newly enrolled FTE student)

Associate Programs

0-100 FTE students





501+ FTE students

Baccalaureate Programs

0-100 FTE students





501+ FTE students

PRICE Proposal WorksheetPage 2 of 16


(PRICE per newly enrolled FTE student)

Masters/Graduate Programs

0-100 FTE students





501+ FTE students


College Services Year 1 Year 2 Year 3 Year 4 Year 5Academic Support Services

(PRICE per FTE student)Certificate Programs

0-100 FTE students





501+ FTE students

Associate Programs

0-100 FTE students





501+ FTE students


College Services Year 1 Year 2 Year 3 Year 4 Year 5Academic Support Services

(PRICE per FTE student)Baccalaureate Programs

0-100 FTE students





501+ FTE students


0-100 FTE students





501+ FTE students


College Services Year 1 Year 2 Year 3 Year 4 Year 5College Support Services (PRICE per FTE student)

Certificate Programs

0-100 FTE students





501+ FTE students

Associate Programs

0-100 FTE students





501+ FTE students


College Services Year 1 Year 2 Year 3 Year 4 Year 5College Support Services (PRICE per FTE student)

Baccalaureate Programs

0-100 FTE students





501+ FTE students


0-100 FTE students





501+ FTE students


College Services Year 1 Year 2 Year 3 Year 4 Year 5Technical & Navigation Support


0-100 FTE students





501+ FTE students

Associate Programs

0-100 FTE students





501+ FTE students


College Services Year 1 Year 2 Year 3 Year 4 Year 5Technical & Navigation Support


0-100 FTE students





501+ FTE students


0-100 FTE students





501+ FTE students


College Services Year 1 Year 2 Year 3 Year 4 Year 5Student Retention Services


0-100 FTE students





501+ FTE students

Associate Programs

0-100 FTE students





501+ FTE students


College Services Year 1 Year 2 Year 3 Year 4 Year 5Student Retention Services


0-100 FTE students





501+ FTE students


0-100 FTE students





501+ FTE students


College Services Year 1 Year 2 Year 3 Year 4 Year 5All Student Services (full bundle)


0-100 FTE students





501+ FTE students

Associate Programs

0-100 FTE students





501+ FTE students


College Services Year 1 Year 2 Year 3 Year 4 Year 5All Student Services (full bundle)


0-100 FTE students





501+ FTE students


0-100 FTE students





501+ FTE students


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


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.


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


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