Teacher Data RFP

8/14/2019 Teacher Data RFP

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RFP # R0749 TEACHER DATA INITIATIVE

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JOEL I. KLEIN, Chancellor

REQUEST FOR PROPOSALSNo.

RFP # R0749

Title:

TEACHER DATA INITIATIVE (TDI)Sealed proposals should be sent to NYC Department of Education, 65 Court Street, Room 1201,

Attn: Bid Unit/Vendor Resources, Brooklyn, New York 11201

Due: 5: 00 P.M. On: March 23, 2009

PROPOSALS MUST BE RECEIVED NO LATER THAN THE ABOVE DUE DATE AND TIME

PRE-PROPOSAL CONFERENCE WILL BE HELD ON:

March 6, 2009

At 10:00 A.M. EST

At65 Court Street, 12th Floor, Conference Room 1201, Brooklyn, NY 11201

__________________________________________________Please bring a copy of the RFP with you to the Conference.

FOR ADDITIONAL PROCUREMENT INFORMATION SEE OURWEBSITE: http://schools.nyc.gov/dcp

EACH ENVELOPE SUBMITTED MUST BE LABELED AND EVERY

LABEL MUST REFERENCE THE RFP NUMBER

Vendor Hotline 718-935-2300


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RFP# R0749 TEACHER DATA INITIATIVE

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REQUEST FOR PROPOSALS #R0749

Table of Contents

Page

Section 1 - Program Summary, Background and Purpose of the RFP 4Section 2 - Minimum Qualifications.... 10

Section 3 - Scope of Services. 11

Section 4 - Proposal Submission Requirements.. 20

Section 5 - Proposal Evaluation Process.. 25

Section 6 - Proposal Package Format... 26

Section 7 - RFP Timetable & General Information... 29

Section 8 - Contract Term.... 33

Section 9 - Type of Contract.... 33Appendices

Appendices A1 A5

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No Proposal Response Form, Insurance, Price Certification,Web-Based Application Requirements, and Minority andWomen Owned Business Entities Participation

Appendix B - Terms and ConditionsAppendix C - Invoice FormAppendix E1 - Proposal FormAppendix E2 Program Plan-NarrativeAppendix F - Unit/Cost Pricing Form

Appendix G - Line Item Pricing FormAppendix H - Sample ReportsAppendix I - Website Links & Sample ScreenshotsAppendix J

-Chancellor Klein/UFT Letter Announcing Teacher DataReports

Appendix K - DOE Tentative Program Timeline (Year 1)Appendix L - Sample of Analysis completed by Battelle Memorial InstituteAppendix M - Technical Report

FOR PURPOSES OF THIS RFP, WE, US OR OUR SHALL MEAN THE NEW YORK CITYDEPARTMENT OF EDUCATION (NYCDOE), AND YOU OR YOUR MEANS THE ENTITYSUBMITTING THE PROPOSAL TO NYCDOE.

ALTHOUGH THIS AGENCY IS BEING REFERRED TO AS NYCDOE, FOR CONTRACT ANDINSURANCE PURPOSES, THE AGENCY IS STILL THE BOARD OF EDUCATION, ANDTHEREFORE, THE CONTRACTS AND INSURANCE CERTIFICATES STILL MUSTREFERENCE THE BOARD OF EDUCATION OF THE CITY OF NEW YORK.


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DEFINITIONS OF KEY TERMS

Term Definition

Code/ Syntax

A set of command codes for statistical analysis that enable acommercially available software program to execute

statistical analysis and export the data from this model intoteacher and school level reports for the DOE (collectively,the Syntax or Code). Includes the code used to run thevalue-added model and codes to generate the reports.

DOE (NYCDOE) New York City Department of Education

ELA English Language Arts.

Original ModelThe value-added model the DOE used in 2008-09 covering2007-08 testing year and 2 years prior.

Significant Changes InModel/Modeling

Major changes to the statistical methodology used in theDOEs existing model for grades 4-8.

Teacher Data Initiative

The Initiative designed to:

Develop analytic models that evaluate thecontribution that individual teachers add tostudent achievement as measured bystandardized test scores.

Provide this information to principals andteachers in an accessible form.

Train and support principals and teachers inusing this data.

Use these data to better understand how toimprove instruction.

Teacher Data Reports

Reports that summarize and display value-added data inways that help teachers and schools better understand howtheir efforts are influencing student progress. In 2008-09,individual reports were provided for teachers of ELA and/ormath in grades 4-8 and summary reports were provided forelementary and middle schools.

Value-added

Value-added is a statistical term which, in the context ofthe Teacher Data Initiative, refers to how much an individualteacher contributes to his/her students gains on the stateELA and Math tests, controlling for various student,classroom, school and teacher characteristics.

Value-Added Modeling(Technical Modeling)

The process of developing and running analytic models thatmeasure the contribution that individual teachers add tostudent achievement.


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SECTION 1 PROGRAM SUMMARY, BACKGROUND, AND PURPOSE OF THEREQUEST FOR PROPOSALS (RFP)

1.1 PROGRAM SUMMARY

The Talent Office of The New York City Department of Education(NYCDOE) is seeking proposals from organizations experienced in

providing statistical and analytic modeling services to update and maintainits recently-developed models of teacher-level value-added contributionto student achievement, as measured by state standardized tests. Thisrequest also includes modeling work around new grades and subjectareas to extend the proportion of teachers covered by this initiative. It isanticipated services will begin on or about July 1, 2009.

The NYCDOE anticipates entering into a two tier agreement, includingboth full value and hourly rate (requirements) components, with onevendor resulting from this Request for Proposals (RFP). The RFP scopeof services will cover work for the period from July 1, 2009 to June 30,2012.

This RFP seeks proposals from organizations with the expertise in value-added statistical modeling and report generation to update and run NYCsteacher value-added model, generate reports providing value-added data,and support for the New York City Teacher Data Initiative. Specifically, weare seeking a service provider with the capacity to provide the followingcore services:

1.2 SUMMARY OF REQUIRED SERVICES

1.2.1 Technical Modeling Grades 4-8

Description of Required Service

Working from the technical documentation of the existing DOE value-addedmodel- replicate, update, and run a teacher value-added model for NYCEnglish Language Arts (ELA) and math teachers in grades 4-8. The existingmodel is based on data from the 2007-08 school year and prior years. Foreach year of the contract going forward, the model will include the current year,starting with 2008-09, and the four prior years. As part of this work, conductsupporting analysis and modeling including:

Adding new variables to the model and examining their impact

Updating data and model parameters pertaining to the students,

teachers, and classrooms included in the model

Providing statistical analysis and summary reporting for thepurpose of documenting and describing the technical model and itsoutput as well as answering questions of interest

REQUIRED SERVICES CONTINUED ACROSS THE PAGE


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1.2.6 Develop Technical Model Other Grades / Subject Areas


In the first contract year, assess the feasibility of expanding the coverage of

teacher data modeling into new grades and subject areas. Feasibility work willexplore modeling teacher impact on student achievement using currentlyavailable assessment data such as high school Regents tests and other data.Feasibility analysis includes proposing technical modeling methodology, costanalysis, and plans for piloting or otherwise testing validity of new model(s).

Upon DOE approval, the vendor will support the DOE in rolling out newmodel(s). That is, the vendor will

Complete the technical modeling.

Prepare and post reports.

Provide project management, documentation and ongoing support.

1.2.7 Develop Technical Modeling(Significant Changes in the Model for Grades 4-8)


To the extent that advances in value-added modeling and its use ineducational settings require major changes to the methodology used in theDOEs existing model, for grades 4-8, in ELA & Math, the selected vendor willrecommend and weigh alternatives for a revised statistical methodology,

including changes to data requirements, model specifications, and therationale and cost for the new approaches. Upon DOE approval, vendor shallundertake the modifications to the model and any related reporting changes.


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1.3 BACKGROUND AND PURPOSE OF THE REQUEST FOR PROPOSALS

Since the beginning of its Children First strategy, one of the key priorities

for the NYC Department of Education has been to improve theeffectiveness of its teaching force at raising student achievement.Research has consistently shown that teachers vary in their impact onstudent learning and that the differences can have significantconsequences for students success or failure in school and later in life1.The DOE has supported several academic research efforts designed tounderstand the variation in teacher effectiveness as measured by studentstandardized test scores and isolate policy actions that could be taken toimprove student achievement. In one such effort, a research teamincluding Tom Kane from Harvard University and Jonah Rockoff fromColumbia2 developed a robust statistical model to estimate the value-added impact of New York City teachers on student achievement and

analyze differences in effectiveness across various pathways intoteaching. This study and others have provided valuable policy insight tothe DOE.

In January 2006, the DOE began a research and development effort,funded by private foundations, to replicate and enhance the value-addedmodel constructed by the Kane/Rockoff team and conduct a pilot with 100schools who received reports about the value-added contribution tostudent learning from their teachers of 4-8th grade math and EnglishLanguage Arts. Battelle Memorial Institute conducted the statisticalmodeling and prepared reports about each teachers results. Researchwas conducted with these pilot schools to assess the potential of the

information in the reports specifically to improve instruction in schools, anda number of changes were made to the model and reports based on thispilot experience. In mid- 2008, the DOE decided to provide value-addedreports, renamed Teacher Data Reports, to every eligible NYC 4-8thgrade ELA and math teacher and their schools. See Appendix J for theinitial announcement. The reports were provided to schools forinstructional improvement use, and principals were instructed not to usethe reports for teacher evaluation. In-person training and a variety of web-based resources and support tools were provided to principals andteachers to help them understand and use the information in the TeacherData Reports.

1 The Real Value of Teachers,Education Trust, Winter 20042 Thomas J. Kane, Jonah E. Rockoff, Douglas O. Staiger, What Does Certification Tell Us About Teacher Effectiveness?Evidence from New York City March2006.


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1.3.1 Primary/Core RequirementsWith this RFP, the DOE is seeking a vendor to update the existingTeacher Data Initiative regression model with each new year of New YorkState standardized test results and to provide a new set of reports toeligible schools and their teachers. Each years update will involve somenew analysis of potential data inputs and some enhancements to report

formats and content.

1.3.2 Additional RequirementsIn addition, the selected vendor may be asked - on an as-need basis - toundertake major revisions to the existing model to incorporate any majordevelopments in the state-of-the-art of value-added modeling in a K-12environment.

1.3.3 New Value-Added ModelsFinally the selected vendor and DOE will undertake as time, resources,feasibility and priority permits, creation of new value-added models forother the grades and subject areas. This work will involve pursuing the

feasibility of developing models and, if approved, the roll out of these newmodels.

1.3.4 NYCDOE Support of the InitiativeIn conjunction with the technical modeling, the DOE will support theinitiative in the following ways:

a) Conducting data verification processes with schools prior to eachyears model update and report generation.

b) Facilitating transfer of data needed to run the regression modelfrom the DOE to the vendor and answering questions regardingthe data files.

c) Working with the vendor to decide appropriate business rules forusing the data.

d) Providing technical expertise in using the various sources ofdata, approving technical approach used by vendor, and ininterpreting results in the context of NYC DOE environment.

e) Conducting some analyses on the data output provided by thevendor to answer policy questions and illustrate trends in thedata.

f) Conducting non-technical aspects of the project, including:

i. Providing in person and web-based training for schools and

teachers on the teacher data reports.

ii. Soliciting feedback from school administrators and teacherson the reports; creating mock-ups of future report designs.

iii. Providing service desk support to answer many usersquestions on reading and interpreting the reports (althoughsome may result in a query from the project team to thevendor).


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iv. Developing and implementing a communications planaround the Teacher Data Initiative.

v. Maintaining a DOE website providing information onTeacher Data Reports

vi. Working across the DOE to ensure that Teacher Data

Reports are aligned with and, as needed, integrated intoother DOE initiatives (including other data tools provided bythe Office of Accountability (OA) and other initiativesrelating to teacher development).

vii. Provide project management for the entire Teacher DataInitiative, coordinating vendor activities with all other non-technical aspects of the initiative.

1.3.5 NYC DOE StaffDOE staff members supporting this project include:

a) Representatives from the Talent Office and the Researchand Policy Support Group are actively involved in thisinitiative, participating on weekly calls and activelycontributing all aspects of the project.

b) A project manager and data analyst are dedicated to workfor this initiative.

c) Professional development content design professionals andtrainers, support desk personnel, and website developerscontribute on an as needed basis.


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SECTION 2 MINIMUM QUALIFICATIONS

All proposals received on or before the Proposal Due Date and Time andat the location specified in the Request for Proposals, will be evaluated, todetermine whether they meet the following Minimum Qualifications:

2.1 You must be a for profit or not-for-profit organization. Individuals arenot qualified.

2.2 You or your key employees must document three (3) years ofsuccessful experience relating to statistical modeling.

2.3 You must provide the name and contacts that are reachable by theDOE, from at least three (3) organizations that paid you or keyemployees of the proposers organization directly for your services.Additionally, please provide the dates, location, a brief description ofthe services that you provided and any outcomes or results.

Detail this information in Section 1 of Appendix E1, Proposal Form.

IF YOUR PROPOSAL DOES NOT CLEARLY EXHIBIT ALL OF THEABOVE, THEN YOUR PROPOSAL WILL NOT BE FURTHEREVALUATED.


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SECTION 3 SCOPE OF SERVICES

The successful Proposal shall be required to perform all the followingservices:

3.1 Technical Modeling Grades 4-8, ELA and Math

Working from the technical documentation and programming syntax of theexisting DOE value-added model; replicate, update, and run a teachervalue-added model for NYC English Language Arts (ELA) and mathteachers in grades 4-8 for the last four academic years including 2008-09testing data and adding each year of the contract period. The existing modelis based on data from the 2007-08 school year and prior years. For eachyear of the contract going forward, the model will include the current year,starting with 2008-09, and the four prior years. 3As part of this work conductsupporting analysis and modeling including:

a) Adding new variables to the model and examining their impact.b) Updating data and model parameters pertaining to the students,

teachers, and classrooms included in the model.

c) Providing statistical analysis and summary reporting for thepurpose of documenting and describing the technical model and itsoutput as well as answering questions of interest.

The steps involved in this process are described below.

Step 1. Construct Model Code

a) Write code in statistical software package (e.g. SAS or Stata)for below steps.

b) Send copy of the code to the DOE for Quality Assurancechecks. Make necessary changes to code based on results ofDOE review.

Step 2. Obtain Data

a) Obtain data files on teacher and student demographics,student performance on standardized examinations in mathand ELA, and data that links students and teachers to specificcourses/ classes.

b) Update the raw data with data obtained through various

sources of data (e.g., LCGMS - Location Code Generationand Management System, the DOEs database of schoolcharacteristics) or data obtained through a validation process(e.g. classroom rosters).

3Syntax licensed through the Battelle Memorial Institute and is obtained through NYCDOE.


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c) Format the files for use with a statistical software package(e.g. SAS or Stata).

Step 3. Create Analysis Files

a) Combine the teacher and student data into a single analysisfile by year, grade and identify. Address any data issues

related to the combined data, such as duplicate or missingrecords or missing data elements within records.

b) Send copy of the final model input files to DOE for QualityAssurance checks. Make necessary changes to analysis filesbased on results of DOE review.

Step 4. Create Analysis Variables

a) Create the analysis variables that will be used in the studentlevel model.

b) In conjunction with DOE project team determine what newvariables need to be considered for inclusion in the model. It

is assumed that each year at least 3 new variables may bedefined and tested, which requires conducting additionalanalyses of model fit. New variables may therefore need to beadded to the model.

Step 5. Run Student Level Model

a) Run the student-level logistic regression model using thedependent variable (current year student examinationperformance in math and ELA translated into a z-score), theindependent variables (defined in step 3) and fixed effects forprior year school, teacher and classroom (spring) and currentyear school, teacher and classroom (fall). Run models

separately for each grade, school year, and subject.b) Running the model requires additional computing capacity

beyond a regular desktop PC.

Step 6. Create Teacher Level Measures

Aggregate the results from the student-level models to theteacher-level, running the teacher-level models and thencalculating the teacher level value-added measures overall andfor student subgroups.

Step 7. Create Data for Reports

Create the data elements for the reports and then create the

report input files. The first set of reports contains the schoolsummary reports; the second set of reports contains theteacher detail reports.

Step 8. Provide DOE with Output Data

a) Send a copy of output files for the DOE to QA. Makenecessary changes to analysis files based on results ofDOE review.


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b) Work with the DOE to identify and resolve any issues withthe model and output files, especially around the treatmentof a-typical situations (i.e. treatment of co-taught courses).

c) Provide data analyses to answer questions of interest aswell as test runs on the current model. (This work

continues as part of ongoing support after report release.)Step 9. Conduct Descriptive and Other Analyses of Model Results

Perform analyses necessary for documenting model elementsand results for technical report, including analyses to determinethe stability of the model and how the results compare toresults obtained with previous or alternative models. Documentand present the results of analyses to DOE. (This workcontinues as part of report documentation and technicalreports.)

Step 10. Repeat steps 1-9 (if needed)

a) Re-run model if the QA and analysis process uncoverschanges that need to be made in the model.

b) Change the way output is presented / formatted as needed.


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3.2 Report Preparation

As needed, reformat and revise reports designed for teachers and schoolleaders in 2008-09 and populate and generate individual reports for alleligible ELA and Math 4th to 8th grade teachers and summary reports for

school leaders of schools containing grades 4-8.

3.2.1 Work with the DOE project team to co-design the nextiteration of Teacher Data Reports and School SummaryReports.

3.2.2 In 2008-09, each teacher report included three pages of dataand one page of notes. Depending on school level feedback,anticipate the next iteration of reports to include substantialchanges from the current version. See Appendix H forsample reports from 2000-09.

3.2.3 Generate teacher and schools level reports for all eligibleteachers and schools with data

a) Generate sample reports to serve a QA function andto uncover issues with report generation and datadisplays

b) Generate approximately 20,000 teacher levelreports and 1,200 school summary reports usingappropriate data variables for schools andclassrooms.

c) Current reports are programmed using JasperSoftformat, however a different program could be usedfor programming the next generation of reports.

d) Programming the reports entails creating a reportnaming convention that is standardized. Finally itentails creating versions of reports that can bebatched appropriately into zip files for each school.

3.3 Posting Reports

3.3.1 Design and host a secure, password protect website thatallows for two levels of access for reports: school and teacherlevel. This entails loading files for each teacher andpackages (e.g. zip files) for each school (containing individualteacher reports and school level reports), maintaining the

reports online and responding to technical assistancerequests related to accessing the reports and loading newreports as needed. See Appendix I for screenshots of thiswebsite for 2008-09.

3.3.2 At some point during the contract period, most likely in 2010-11, if not in year one, the DOE anticipates the migration ofthe reports onto a DOE-maintained system and thereaftersupporting teacher and principal access through this system.


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During this stage, the vendor will work with the DOE to loadfiles for each teacher and each school onto the DOE system,delivering the necessary materials and access codes. Afterthis point, the vendor will not need to provide web access tousers and the DOE will maintain the reports online andrespond to technical assistance requests related to accessing

the reports.


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3.4 Project Management, Documentation & Technical Reports

3.4.1 Project Management

a) Coordinate data analysis, data modeling and report preparationwith the DOE project team.

b) Manage project deliverables and timelines. Ensure timelytransfer of data output files, data files used in model to theDOE.

c) Communicate with the DOE to discuss progress on modeling,technical analysis, future steps needed, timing considerationsand other aspects of the project. (e.g., weekly calls were setup during the last year to facilitate frequent communication).

d) Work with DOE on refining technical documentation of themodeling methods used and of the results, including descriptiveand more complex statistical analysis of model results.

e) Work with DOE to interpret technical analyses of the teacherdata model output, understand the implications of new externalresearch and development around value-added modeling ineducational environments, and plan future steps needed.

f) Work with DOE staff to develop and implement plans for futureiterations of Teacher data reports.

g) Advise and consult with DOE staff on plans for how theTeacher Data Initiative will evolve over time.

h) Manage vendor-internal processes around any work plannedfor the year to ascertain the need for and feasibility ofsignificant changes to the current model, and/or extending the

teacher data initiative modeling to cover teachers in additionalgrades and subject areas.

i) Review materials created by the DOE for non-technicalaudiences for accuracy.

3.4.2 Documentation & Technical Reports

a) Annually, prepare detailed technical documentation of themodeling methods used and of the results, including analysis ofthe models stability as well descriptive analysis of model and theresults generated. Necessary features of technical report will

include:

i. Description for a more general audience of value-addedmodeling used and data included in model.

ii. A detailed description for a technical audience of each stepof the modeling process, sufficient so that others couldreplicate the methodology.


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iii. Description of the results of the model including modelcoefficients, distribution and descriptive analyses of scorescitywide and by subgroups of teachers.

b) Work with DOE to determine necessary additional analyses to beincluded in reports. A draft of this years technical report is

included in Appendix M.c) Document business rules used in generating reports.

d) Provide a final copy of the model used to generate the outputfiles and a final copy of the model used to populate reports to theDOE.

e) Create data files for the DOE.

f) Provide final copies of all formatted input files and all output filesbefore reports are generated.

3.5 Ongoing Support

3.5.1 Respond to requests from the DOE for data and analysis on TeacherData Reports throughout the year. This includes providing dataanalysis to answer questions of interest and investigate notablepatterns of results or resolve questions about the output. It alsoincludes providing technical analysis in response to questions thatarise from review of the data provided in the technical report.

i. Support begins with preparation of each years model and dataoutput (as described in Section 3.2), peaks in the several weeksafter reports are released to schools but extends throughout theremaining year.

ii. Data requests that can be answered using model output will be

handled by the DOE.

iii. While the analysis going forward is not anticipated to preciselymirror the analysis completed on the current model, a sample ofanalysis completed provides a frame of reference for the level theanalysis required. Please see Appendix L for a list of examples ofthe analysis completed on the current model.

3.5.2 At the end of the contract, the vendor will support this transition ofmaterials and codes to DOE.


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3.6 Develop Technical Models Other Grades / Subject Areas

3.6.1 In the first contract year, assess the feasibility of expanding thecoverage of teacher data modeling into new grades and subject areas.

i. Feasibility work will explore modeling teachers impact on studentachievement using currently available assessment data (such ashigh school Regents exams) and other data.

ii. Work with DOE to catalogue existing available standardized testsand other data that could be used to assess a teachers impact onstudent achievement.

iii. The DOE is interested in assessing the feasibility of expandingteacher data modeling to the following categories of teachers:

a) High School Teachers - ELA and math.

b) High School Teachers subjects other than ELA and math.

c) Teachers in Grade 4-8 subjects other than ELA and math.d) Teachers in grades K-3.

iv. Assess the options for and feasibility of linking the growthdemonstrated by students on one or more of available datasources to individual teachers while controlling for student,classroom, school and teacher characteristics.

v. Feasibility analysis includes proposed technical modelingmethodology, costs analysis, and plans for piloting or otherwisetesting validity of new model(s)

3.6.2 Upon DOE approval, the vendor will support the DOE in rolling out new

model(s). That is, the vendor will:i. Complete the technical modeling

ii. Prepare and post report

iii. Provide project management, documentation and ongoing support.

3.7 Technical Modeling Significant Changes in the Model for Grades 4-8

To the extent that advances in value-added modeling and its use ineducational settings require major changes to the methodology used in theDOEs existing model, for grades 4-8, in ELA & Math, the selected vendor

will recommend and weigh alternatives for a revised statistical methodology,including changes to data requirements, model specifications, and therationale and cost for the new approaches. Upon DOE approval, vendorshould undertake the modifications to the model and any related reportingchanges.


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3.8 CONSULTING SERVICES REQUIREMENTS

The selected vendor shall:

i. Be responsible for the overall supervision of the work doneby its entire staff engaged in work activity for the TeacherData Initiative.

ii. Reassign, replace or remove staff in the event NYCDOE isdissatisfied with services.

iii. Submit accurate records of hours and assignments to theNYCDOE to ensure proper and appropriate payment.

iv. Maintain required records and reports to document the timespent on this project, by work stream.

3.9 Timing considerations

i. New York State ELA and math test score data a majorinput for generating teacher data reports - becomesavailable in early to mid summer and Teacher Data reportsneed to be ready to distribute to schools and teachers inearly fall.

ii. In anticipation of possible delays in the projected startof service date, the reports may be generated in lateOctober 2009 with data from the 2008-09 school yearand years prior. The vendor must address whatschedule is feasible given the projected July 1 start inthe first year. See Appendix K for a tentative timeline

for 2009-10.


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SECTION 4 PROPOSAL REQUIREMENTS

The NYCDOE requests that all proposals be typed on both sides of 8 X11 paper and that proposals be submitted on paper having at least 30%

post-consumer material content, i.e., the minimum recovered fiber contentlevel for reprographic papers recommended by the United StatesEnvironmental Protection Agency (for any changes to that standard pleaseconsult http://www.epa.gov/cpg/products/printing.htm). Pages should bepaginated. The proposal will be evaluated on the basis of its content, notlength*.

(*Failure to comply with any of the instructions in this paragraph will not be considerednon- responsive.)

Your proposal must address all of the Scopes of Services listed in Section3, above. Using the separate proposal and pricing forms (Appendices E1,E2, F and G), see (Section 6.2 and section 6.3 below), organize your

proposal to include the following four sections:

4.1 Program Plan/ Narrative

The Program Plan must be a clear, detailed, rational and concisedescription of how the proposer will provide the services required in theScopes of Services in Section 3, above. Your proposal should show aclear understanding of the needs noted in this RFP and demonstrate howyour plan will meet the goals and objectives of this particular RFP.Proposals must contain a work plan indicating approximate dates andhours needed to complete services. Also, include how you will ensurequality and accuracy of the programming work and data output provided

and describe how you will assess and report your effectiveness inproviding services.

4.2 Organizational Capacity

In this section, you will show evidence of adequate human, organizational,technical, and professional resources and abilities to meet the needs ofthis RFP. Include, but do not limit yourselves to, the following:

4.2.1 An organizational chart for the overall company responding to theRFP, showing the specific titles and if available employees of theorganization slated to work on this project.

4.2.2 Provide the NYCDOE or its designee with a copy of the rsums ofindividuals staffed to this project, which must show each staffmember has prerequisite skills and meets the qualifications setforth in Section 3.8 above.

4.2.3 Verify that the staffs rsum is accurate and does not contain anyfalse entries.


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value-added modeling, especially in educationalenvironments.

iv. The project team should demonstrate the ability to program,generate and distribute reports in large batches.

v. The vendor should demonstrate they have the human

capital expertise, project management skills, and computingpower needed to handle data sets as large as NYCDOEsand run the value-added model

vi. Ability to communicate effectively (written and oral).

4.3 Demonstrated Effectiveness

You shall include a description of all prior experience in the provision ofthese or similar services. In addition to the information submitted inresponse to the Minimum Qualifications required in Section 2, above, alsoshow:

4.3.1 Detail of your background and experience in providing theseservices. Detail the methods used and results obtained by thosemethods. Provide objective data, if available. NYCDOE reservesthe right to verify any experience presented.

4.3.2 Any experience working with public school districts or other K-12organizations (e.g. charter schools, educational non-profits, etc).

4.3.3 References: You may submit three (3) letters of references fromorganizations that paid you or employees of your organizationdirectly for your services, including names and contact information.Additionally, please provide the dates, location, a brief description

of the services that you provided and any outcomes or results. TheDOE reserves the right to contact the references.

4.3.4 That your staff maintains its current knowledge with the state of theart of value-added modeling, especially in K-12 environment.

4.3.5 Evidence of external recognition of your organizations expertiseincluding but not limited to peer-reviewed academic publications,general publications, awards, articles, customer testimonials orendorsements, etc.


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4.4 Price/Charges

Proposers must submit a line-item budget and a unit/cost breakdown for theservices to be provided. Please refer to the Pricing/charges Form(s) included as aseparate Word/Excel file(s), which must be downloaded from the DOE vendor

portal. These are:

Pricing Form Purpose

Appendix F

Unit/Cost Pricing Form: Proposer must complete oneof these for each line item of the Fixed Rate portion ofthe contract stated in Appendix G, and separately foreach contract year, if the unit costs differ annually.

Appendix GLine Item Pricing Form: Proposer must complete thisform according to the instructions/directions detailed inthe form.

The line item pricing form must include all of your costs associated with theservices in your proposal, for which you will be charging the DOE.

As a standard, payments are processed upon complete delivery of services in theparticular work order. This RFP is comprised of multiple service components withdifferent pricing methods. The following table outlines the appropriate pricing formto use for each method:

Pricing Method Service Component Description Pricing Form Used

Full Value Technical Modeling (Grades 4-8) Appendix G Table 1

Requirements Develop Models (Other Grades/Subjects) Appendix G Table 2

Requirements Technical Modeling (Significant Changesin Model for Grades 4 Grade 8)

Appendix G Table 3

Services priced as requirements are based on an hourly rate. Specific workorders/purchase orders will be determined according to the scope of these services.

NOTE:In addition to Appendix F & G, you may also include additional pricing information in yourproposal, in particular where you need to further clarify your pricing structure.

NOTE:For years four and five of this contract, upon NYCDOE choosing to exercise the option toextend the contract term, effective July 1 of each year, prices will be adjusted(increased/decreased) using the Bureau of Labor Statistics (BLS) Consumer Price Index forthe Northeast Region (CPI-U), Series ID: CUUR0100SA0 (not seasonally adjusted).

CPI Index Reference Link:http://data.bls.gov/PDQ/servlet/SurveyOutputServlet?data_tool=dropmap&series_id=CUUR0100SA0,CUUS0100SA0 .

Adjustments are calculated based on the 12 month percentage change in CPI from March ofthe prior year to March of the current year. That is, the adjustment to go into effect on July1, 2012 will be the adjustment in the CPI-U between March 2011 to March 2012, while theadjustment to go into effect on July 1, 2013 will be the adjustment in the CPI-U betweenMarch of 2012 and March of 2013. Please refer to the price adjustment example on the nextpage.


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6.10 If submitted separately, the envelope containing the original written anddiskette proposal should be labeled Original Proposal and the envelopecontaining the photocopies should be labeled Duplicate Proposals. Eachenvelope submitted in response to the RFP must be addressed asfollows:

FROM: Proposer Name/AddressTO: New York City Department of Education

Attn: Bid Unit/Vendor Resources65 Court Street, Room 1201Brooklyn NY 11201RFP #R0749

6.11 You must include in your proposal a list of all DOE contracts for similarservices held by your organization within the last 5 years, specifying thefollowing information:

Dates and periods during which the contract was in effect; A short description of the services provided.


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SECTION 7 REQUEST FOR PROPOSALS TIMETABLE ANDGENERAL INFORMATION

7.1 REQUEST FOR PROPOSALS (RFP) TIMETABLE

PROPOSALS ARE DUE NO LATER THAN

DATE: March 23, 2009

TIME: 5:00 P.M. EST

AT THE LOCATION LISTED IN SECTION 6.10 ABOVE.

Proposals received after the specified date and time will not beconsidered or accepted.

7.2 GENERAL INFORMATION

7.3 Requests for Clarification and Addenda

Any inquiry regarding this solicitation must be made in writing, with theexception being oral inquiries that are addressed at the Pre-ProposalConference. No telephone calls will be accepted regarding this RFP. Allwritten inquiries may be e-mailed to the following authorized contactperson:

Paul SimmsNYC Dept. of Educatione-mail: [email protected]

The deadline for questions on this RFP is March 10, 2009 at 5:00 PMEST.

Proposers should not rely on any representations, statements, orclarifications not made in either this RFP, a formal addendum, or at thepre-proposal conference. Notwithstanding the foregoing, if the NYCDOEissues an addendum with a digest of the inquiries made and answersgiven at the pre-proposal conference, proposers shall rely on theinformation contained in such addendum rather than those given orally atthe conference.

7.4 Pre-Proposal Conference

A pre-proposal conference, at which vendors will have the opportunity toask questions related to this RFP, will be held on March 6, 2009, at 10:00A.M. EST, at 65 Court Street, 12th Floor, Conference Room 1201,Brooklyn, NY 11201. Specific questions concerning this RFP should besubmitted in writing via e-mail to (see above e-mail address) prior to thepre-proposal conference. Written questions should reference the RFP bypage number and paragraph. If possible, these questions will be answered


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at the pre-proposal conference. Additional questions may be submittedorally at the conference.

7.5 Incurring CostsThe NYCDOE shall not be held liable for any pre-contract activity or costsincurred by Proposers in the preparation of their proposals, or during any

negotiations on proposed contracts, or for any work performed ormaterials provided in connection therewith.

7.6 Oral Presentations/DemonstrationsThe NYCDOE may require Proposers to give oral presentations after theClosing Date regarding their proposals. At such oral presentation,proposers may be required to demonstrate or exhibit aspects relating totheir proposal as requested by the NYCDOE.

7.7 NegotiationsThe NYCDOE reserves the right to: (i) reject all proposals submitted; (ii)accept any proposal or alternate as submitted without negotiations; (iii)

accept or negotiate with all proposals submitted which fall within acompetitive range; (iv) require revisions to, corrections of, or otherchanges to any proposal submitted as a condition to its being given anyfurther consideration; (v) select for negotiations only the overall bestproposal or alternate submitted, as determined by the NYCDOE; (vi)negotiate with one or more Proposers in any manner it deems fit, (suchnegotiations may be concurrent or sequential as the NYCDOEdetermines); (vii) following the conclusion of any such negotiations solicitBest and Final Offers (BAFO) utilizing an appropriate procedure; (viii) re-open negotiations after the BAFO procedure, if it is in the Departmentsbest interest to do so. No proposer shall have any rights against theNYCDOE arising at any stage of the solicitation from any negotiations that

take place, or from the fact that the NYCDOE does not select a proposerfor negotiations.

7.8 Withdrawal Of Proposals

After the opening of proposals, a request by a proposer to the New YorkCity Department of Education for consent to the withdrawal of theirproposal, because of an error made by said proposer, will be consideredonly under the following terms and conditions:

Request to withdraw proposal must be received in writing providing

reasons for the request. This request is to be sent to the Administrator,Division of Contracts and Purchasing, within three (3) business daysfollowing the date and time set for the opening of proposals.

Whenever any proposer requests the consent of The New York CityDepartment of Education to the withdrawal of their proposal, The NewYork City Department of Education may grant or reject such request in anycase which it deems just and proper. This request shall be made andsuch consent to withdraw shall be accepted by the proposer upon the


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express condition that said proposer shall be excluded from proposingagain for the re-advertisement of proposals for the same item or proposalshould no award be made. Should any proposer request the withdrawal ofmore than one proposal in any twelve (12) month period, they shall bedisqualified from proposing for The Department of Education work for aperiod of one (1) year from the date of the second request.

Any request for a Withdrawal of proposal within three (3) business daysmust be accompanied by a certified check made payable to The New YorkCity Department of Education, Administrator of Business Affairs, to defraythe cost of the processing. Such checks shall be in the amount of fivehundred dollars ($500) for bids of fifty thousand dollars ($50,000) orgreater. Where the bid is less than fifty thousand dollars ($50,000) a twohundred fifty dollar ($250) check is required. Such fees are non-refundable.

Following the three (3) business days after the proposal opening, aproposer may not withdraw their proposal before the expiration of ninety

(90) calendar days from the date of proposal opening. A proposer maywithdraw their proposal after that date only if they state such intent inwriting prior to the mailing by The New York City Department of Educationof a Purchase Order, Notice of Award, or Acceptance of Bids.

The Administrator for Contract Management will make the determinationwith respect to request for the withdrawal of proposals and thatdetermination shall be final and binding. Any withdrawal of a proposalmust be in its entirety (no partial withdrawals will be permitted),whether the withdrawal is within three (3) business days after the proposalopening or after the expiration of ninety (90) days from the date ofproposal opening.

7.9 Terms and ConditionsAll contracts resulting from this RFP shall be subject to the attachedGeneral Terms and Conditions (Appendix B: Department of Education,Terms and Conditions). Exceptions and deviations agreed to by theparties in any prior contracts shall not be binding on any future contracts,awards or agreements emanating from this RFP. You mustclearly restate in the deviations section of the RFP any exceptions anddeviations that you may have from this RFP.

7.10 Contract AwardTheNew York CityDepartment of Education reserves the right to award a

contract(s) to other than the proposer(s) offering the lowest overall cost.The contract(s) resulting from this solicitation shall be awarded to thequalified proposer(s) whose proposal(s) the New York City Department ofEducation has determined to be the most advantageous, based on theevaluation criteria set forth in the Request for Proposals (RFP). Allcontracts resulting from this RFP shall be signed by the proposer(s) withina reasonable time upon receipt, which period shall not exceed 30 days.Thereafter the proposer(s) is (are) deemed delinquent, at the NYCDOE'soption, the contract(s) may be voided.


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Contract award (s) shall be subject to the following conditions, whereapplicable. They are not required to be part of your proposal submission.

7.10.1 Completion and submission of an appropriate Office of EqualOpportunity form. e.g. Workforce profile or Companys Equal

Opportunities Work plan; does not apply to M/WBE certification(See Checklist-Section 10, second Bullet)

7.10.2 Completion and submission of the Affirmation Sheet.

7.10.3 Submission of an appropriate Certificate of Insurance.

7.11 Termination of Contract

Any contract(s) resulting from this RFP may be terminated at any time

upon thirty days written notice, by the Chancellor, and/or his designee. Noclaim for damages will be made by, or allowed to, the Contractor becauseof such termination.

7.12 Important Note

The onus is upon you to offer competitive pricing and to keep exceptionsto our standard terms and conditions to a minimum. We would prefer thatyou accept our Terms and Conditions without ANY exceptions. However,if there is anything that you feel you must take exception to, pleaseindicate that in your proposal. We will negotiate commercial agreementswith you and dispose of legal issues, insurance requirements, exceptions

to Terms & Conditions if, and only if, your proposals are consideredcompetitive. Following these negotiations, we will request a Best andFinal Offer from vendors still considered to be in the competitive range.

7.13 Prohibition of Communication During RFP Evaluation Period

After the submittal of proposals and continuing until a contract has beenawarded, all DOE Personnel involved in the project will be specificallydirected against holding any meetings, conferences or technicaldiscussions with any proposer regarding this RFP except as provided inthe RFP. Proposers shall not initiate communication in any manner withDOE personnel regarding this RFP or the proposals during this period of

time, unless authorized, in advance, by the selection committee. Failureto comply with this requirement will automatically terminate furtherconsideration of that firms or individuals proposal.


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SECTION 8 CONTRACT TERM

The contract(s) resulting from this RFP will be for a term of 3 years, withthe option to extend for an additional 2 years.

SECTION 9 TYPE OF CONTRACT

This RFP may result in the award of one full value contract, withrequirements elements.

SECTION 10 PROPOSER CHECKLIST

Is the response printed on recycled paper containing the minimumpercentage of recovered fiber content as requested by NYCDOE in the

instructions to this solicitation?Please ensure that you have received each of the following documents foryour response. The attachments include:

Request for Proposals

Proposal Form (Appendix E1, Microsoft Word File)

Program Plan-Narrative (Appendix E2, Microsoft Word File)

Prices/Charges Form (Appendix F & G Microsoft Excel & WordFile)

Other appendices referenced in the RFP.

Also please be sure to:

Review the entire Request for Proposal and ensure that youunderstand the scope of the questions asked and the role of eachof the attached forms. Please review carefully the Scope ofServices for this RFP before completing the response sections.

View the Terms & Conditions (Appendix B) in this document. Someof the Terms & Conditions may have changed since the last RFP.

Attend the Pre-Proposal Conference (see Section 7.4).


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APPENDIX A1APPENDIX A1APPENDIX A1APPENDIX A1

RFP Number and Title: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Proposal Opening Date: ___________________________________

NO-PROPOSAL RESPONSE FORM

PLEASE COMPLETE AND RETURN THIS FORM IF YOU WILL NOT BE SUBMITTING A PROPOSAL BUTWISH TO REMAIN ON THE NEW YORK CITY DEPARTMENT OF EDUCATIONS BIDDERS LIST.

The preparation and mailing of REQUEST FOR PROPOSALS is time consuming and expensive. In instanceswhere proposers fail to respond or notify the New York City Department of Education of their future intentions, thepreparation and mailing of the Request for Proposal Package represents an unnecessary expense to the New YorkCity Department of Education. Feedback from proposers is also encouraged so that any reasons for not proposingmay be evaluated with the intention of improving future solicitations for this commodity or service in the hopes ofencouraging and expanding the field of competition.

All proposers who respond with a "No Response" response or choose not to propose are requested to provide the

information requested below and return this form in time for the proposal opening.

REASONS FOR NOT PROPOSING AT THIS TIME:____________________________________________________________________________

__________ _____DO YOU WISH TO RECEIVE REQUESTS FOR THIS PARTICULAR PRODUCT OR SERVICE IN THEFUTURE? () YES () NO

PROPOSER NAME AND ADDRESS:__________________________________________________________________________

__________________________________________________________________________

SIGNED: TITLE: _____________________DATE: _________


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APPENDIX A2

INSURANCE

The Contractor shall maintain during the period(s) of this contract, inclusive of guarantee periods when applicable,insurance(s) covering the personnel employed by the contractor, equipment (vehicles) used, public servants, and propertyof the Department of Education while the supplies, equipment, goods, products, etc. called for herein are being delivered

or while the services/work outlined herein is being performed.

If a proposal is selected for potential contract negotiations, the proposer will be required to submit certifications(s) fromacceptable insurers, licensed by the State of New York, or any other licensing authority thereon to the effect that saidinsurers, will furnish to the proposer the insurance coverage listed. In addition, certifications submitted must name theNew York City Department of Education and the City of New York as additionally insured. Failure by the proposer tofurnish the above certification(s) may result in rejection of the proposal.

The most common form used to transmit this information is entitled ACORD Certificate ofInsurance (form ACORD 25-S (7/90)

The policies mentioned herein shall insure the New York City Department of Education and the City of New York againstclaims outlined in the coverages mentioned herein in the same amounts as are required in specifications for the

Contractor or Subcontractor when applicable. Such coverage may be by separate policies or by endorsement to this effecton existing policies.

The policies mentioned herein, insuring the New York City Department of Education and the City of New York againstclaims arising out of negligence of the Contractor or Subcontractor when applicable, shall contain, by rider attached tosuch policies, the following provisions:

a) Notice under this policy by the Insurance Company should be addressed to the Director of Purchase, Office ofPurchasing Management, 65 Court Street 12 th Floor Brooklyn NY 11201.

b) Notice of accident should be given by the insured to Insurance Company within sixty 60) days after notice to the saidDirector of Purchase of such accidents.

c) Notice of claim against the insured shall be given to the Insurance Company within sixty (60) days after such claims

shall be filed with said Director of Purchase.

d) The policy shall not be canceled, terminated, modified or changed by the Insurance Company unless thirty (30) daysprior written notice is sent to the insured by registered mail and addressed to the Director of Purchase, PurchasingManagement nor shall it be canceled, terminated, modified or changed by the Contractor securing such policy without theprior consent by the Department of Education of the City of New York.

e) The policy shall not be invalidated by reason of any violation of any of the terms of any policy issued by the InsuranceCompany to the Contractor.

If a proposal is selected for potential contract negotiation, the proposer will be required to submit, the following insurancepolicies. Failure to do so may result in rejection of your proposal. Delivery of such insurance policies to the Departmentof Education shall be a condition precedent to the right of the Contractor to demand any payments hereunder.

In the event contract is to be extended, Contractor must submit proof of continuing compliance at least thirty (30) daysprior to the ensuing contract period.


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WORKERS COMPENSATION INSURANCE

If this contract be of such character that the employees engaged thereon are required to be insured by the provisions ofChapter 6515 of the laws of 1922 known as the Workmens Compensation Law, and with act amendatory thereof, thesame shall be void and of no effect unless the person, firm or corporation making or performing the same shall securecompensation for the benefit of, and keep insured during the life of this contract, such employees in compliance with the

previsions of said law.

Insurance must comply with Workmens Compensation Law. The Contractor shall not begin work at, about, or upon, theproperty of the New York City Department of Education until filing with the Director of Purchase, PurchasingManagement a certificate showing compliance with the provisions of said law. Such insurance shall be kept during thelife of this contract (inclusive of guarantee periods when applicable) and until the completion of said deliveries orservices-work to be performed is accepted by the New York City Department of Education contractor shall only engagesubcontractors when contract permits who comply with the workmans compensation.

COMPREHENSIVE GENERAL LIABILITY INSURANCE(INCLUDING PRODUCT (S) LIABILITY INSURANCE)

Shall insure the vendor and the vendors agents, the New York City Department of Education and the City of New Yorkduring the performance of work under this contract against all present and future claims for bodily injury, sickness,disease, death, and property damage as may arise because of any services/work performed or goods provided by thevendor or by anyone employed by the vendor, either directly or indirectly.

The limit of liability under this Comprehensive General Liability Insurance coverage (including Products LiabilityInsurance) for bodily injury, sickness, disease, or death shall be at least $1,000,000 per occurrence.

The limit of liability required for property damage shall be at least $100,000 for one claimant in any one occurrence butnot more than $200,000 for two or more claimants in any one occurrence. Such damages shall include all injury to, ordestruction of, property of such claimant as well as the loss of use occasioned by the occurrence.

MOTOR VEHICLE LIABILITY INSURANCE

Shall insure the vendor, the vendors agents, the New York City Department of Education and the City of New Yorkduring the performance of work under this contract against all present and future claims for bodily injury, sickness,

disease, death and property damages which may arise because of a motor vehicle accident.

The limit of liability shall be at least $1,000,000 for all injuries sustained in any one occurrence.

The limit of liability required for property damage shall be at least $100,000 for one claimant and at least $200,000 fortwo or more claimants in any one accident. Such damages shall include all injury to, or destruction of, property of suchclaimant as well as the loss of use occasioned by the accident.

PROPERTY LOSS INSURANCE

The limit of liability shall be at least $500,000 per occurrence protecting the supplies, equipment and property, etc. of theNew York City Department of Education against All Risks of loss, which include, but are not limited to, fire, lightning,windstorm, hail, riot, civil commotion, vandalism, malicious mischief, burglary, theft, floods, earthquakes, hurricanes,

tornadoes and other perils including mysterious disappearance while supplies, etc. are in the possession, control orresponsibility of the contractor, sub-contractor or anyone directly or indirectly employed by either of them.

In the event there is a loss incurred as a result of any of the above, reimbursement for claims submitted shall be on adollar for dollar basis for the cost incurred by the Department for either the loss of services, repair, restoration orreplacement, whichever is applicable. This coverage may be a Department Form policy covering any/all possiblecontingencies.

SUB-CONTRACTORS INSURANCE


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Should the awarded Contractor retain a Subcontractor to perform any of the services mentioned herein, it is theContractors responsibility to insure that Subcontractor maintains the same types of insurance coverage in accordance withthe requirements and amounts indicated herein.

SAVE HARMLESS CLAUSE

Contractor hereby agrees to indemnify and hold the New York City Department of Education and the City of New York

harmless from all claims, damages, judgment, expenses, attorneys fees and compensation whether in contract or tortarising out of personal injury, including death, or property damage sustained or alleged to have been sustained in whole orin part by any or all persons whatsoever as a result of or arising out of any act or omission of the Contractor, its agents oremployees, or caused or resulting from any deleterious substance in any of the products supplied or while the equipment,supplies, etc. are being delivered or the service-work is being performed under this contract, whichever instance isapplicable.


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This is a sample - an original certificate document should be obtained from the proposers insurance company.

CUSTOMER * CERTIFICATE OF INSURANCE ISSUE DATE:

PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIONONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,

COMPANIES AFFORDING COVERAGE:

COMPANY LETTER ACOMPANY LETTER B

INSUREDCOMPANY LETTER C

COMPANY LETTER E

COVERAGES:THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHERDOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES, LIMITSSHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS

CO POLICY POLICYLTR TYPE OF INSURANCE POLICY NUMBER EFF, DATE EXP. DATE LIMITS

GENERAL LIABILITY GENERAL AGGREGATE $

A ( ) COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG, $( ) CLAIMS MADE ( ) OCCUR, REQUIRED PERSONAL & ADV, INJURY $( ) OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $( ) B.F. VENDORS FIRE DAMAGE (ANY ONE FIRE) $( ) MED. EXPENSE (ANY ONE PERS) $

EXCESS LIABILITY( ) UMBRELLA FORM EACH OCCURRENCE $( ) OTHER THAN UMBRELLA FORM AGGREGATE $

B WORKER'S COMPENSATION ( ) STATUTORY LIMITSAND REQUIRED EACH ACCIDENT $

EMPLOYER'S LIABILITY DISEASE-POLICY LIMIT $DISEASE-EACH EMPLOYEE $

OTHER

DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS

NEW YORK CITY BOARD OF EDUCATION AND THE CITY OF NEW YORK ARE ADDITIONAL INSUREDCERTIFICATE HOLDER CANCELLATION

NEW YORK CITY BOARD OF EDUCATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BECANCELED BEFORE THE EXPIRATION DATE THEREOF, THEISSUING COMPANY WILL. ENDEAVOR TO MAIL 30 DAYSWRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TOTHE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IIMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPONTHE COMPANY, ITS AGENTS OR REPRESENTATIVES,

AUTHORIZED REPRESENTATIVE:


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APPENDIX A3

PRICE CERTIFICATION CLAUSE (REVISED 11/13/78)

The proposer certifies that the prices, warranties, conditions, benefits and terms quoted herein are at least equal or morefavorable to the Department of Education of the City School District of the City of New York than the prices, warranties,conditions, benefits and terms currently quoted by the proposer to any customers for the same or a substantially similar

quantity and type of item(s) or services as described herein. This certification shall not apply to prices, warranties,conditions, benefits and terms under contracts in effect between the proposer and other customers at the date ofsubmission of the proposal within, except as provided herein.

The successful proposer (hereinafter called the Contractor) further certifies that during the period between the proposalsubmission date and the completion of the term of this contract, should subcontractor offer prices, warranties, conditions,benefits, and terms more favorable than those quoted herein, or provide changed prices, warranties, conditions, benefitsand terms more favorable than those quoted herein under a contract in effect at the proposal submission date with anycustomer, for the same or a substantially similar quantity and type of item(s) or services, then the contractor shallimmediately thereafter notify the New York City Department of Education, Purchasing Management. Regardless ofwhether such notice is sent by the contractor or received by the New York City Department of Education, this contractshall be deemed amended retroactively to the effective date of more favorable treatment, to provide the more favorableprices, warranties, conditions, benefits, and terms. The Department of Education shall have the right and option to declineany such amendment.

If the contractor is of the opinion that an apparently more favorable price, warranty, benefit, condition, and term quoted,offered or provided to a customer is not more favorable treatment, the contractor shall immediately notify the Director ofPurchase, Purchasing Management, of the Department of Education in writing setting forth in detail the reasons why thecontractor believes the apparently more favorable treatment is not in fact more favorable treatment. The Director ofPurchase, Purchasing Management, after consideration of the written explanation may, in their sole discretion, decline toaccept the explanation and thereupon the terms will be at least equal to or more favorable to the Department of Educationof the City of New York than the prices, warranties, conditions, benefits and terms offered by the contractor to anycustomer for the same or substantially similar quantity and type of item(s) and/or services as of the effective date of therevision.

The contractor hereby authorizes the inspection, review and copying of contracts and documents that pertain or relate tothe performance of this clause of the contract. The contractor shall be obligated to keep the contracts and documents

referred to in the above paragraph during the effective period(s) of this contract and for a period of three years after thefinal payment of this contract.


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APPENDIX A4 REQUIREMENTS FOR WEB-BASED APPLICATIONS.

The following only applies to proposals for web based applications. Any web-based applicationcomponents should satisfy the following NYCDOE requirements:

REQUIREMENTS FOR WEB-BASED APPLICATIONS

Data Security LevelsAuthentication Authorization User Management Encryption

Uses DOEs userdirectory.

Unique usernameand password perindividual.

Internalapplications:LDAP 3.0, ADforms/integratedauth, SAML 2.0.

Externalapplications: LDAP 3.0, SAML 2.0.

Based on user roles, withusers having one or moreroles.

Applicationsroles/permissions mappedto DOE functional roles.

Supports integration withsingle sign-on technology

Authorization is granular tothe screen (preferably field)level.

Where possible,authorization is externalizedfrom application code.

If application requiresits own user directory,all usernames,passwords, and rolescan be provisioned bythe DOEs automatedsystems.

For HTTP, FTP, or otherprotocols over SSL SSL-128.

For other encryptionneeds AES-256.

For RSA key encryption minimum key length1024 bits.

Adhere to DOE/Citywide security policies and standards (excerpt included above) Provide security information (for vendor-hosted applications):

o Security architecture Placement of data, servers, and firewalls Other network security devices (IPS, monitoring, logging)

o Host site security Personnel with access to servers Other applications/sites co-hosted on servers

o Data security Encryption of sensitive data Backup media handling including 3

rdparty backup storage

o Platform security List of operating system(s), database(s), web server(s), etc., including current version numbers

and patch levels Patch management process and frequency

o Most recent audit results Overview of most recent security audit findings (must not include specific findings of

vulnerabilities, but must include overall summary of findings of general security posture) Summary of recent penetration test(s) including 3

rdparty scans of exposed web sites, pages,

and exposed services (must not include specific findings of vulnerabilities, but must include acount by severity of all levels of vulnerabilities discovered

Reverse Proxy: All web functions operate properly when passed through a reverse web proxy.

Table Continued Next Page


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Scope of Services Develop Web in accordance with NYCDOE existing user equipment and software standards. NET Framework (version 1.1 SP2). SIF Compliant. Relational DBMS (e.g. SQL Server 2000/2005 or Oracle 10g). SOA Compliant. Microsoft Content Management Server (if applicable). SIF compliant (if applicable). Provide reasonable response time to end-users (must be under 10 seconds based on a 56K modem

bandwidth connection). Enterprise Wide Reporting & Analytical Tool Capability.

Server/Storage Requirements What is the estimated storage? What is the storage growth over two years? What are the specifications for the server? What are the network/bandwidth requirements? What archival requirements are there if any?

Browser Websites and applications must be designed to function properly in the following browsers as a minimum:

Microsoft Internet Explorer 5.0 and above, the Mozilla family including Firefox 2.0 and above and Safari 2.0and above.

Connections Speeds T3 lines for Offices. T1 lines for schools. All applications must support 56k modem connections. - If expected to be used from off-site locations (home,

etc.).

Downloadable Modules Downloads are only allowed in training Centers. Schools do not support downloads.

Minimum Hardware & Software Requirements WinTel: Windows Intel 486 machines or higher with 32M RAM. Apple: Apple Mackintosh processors. Screen resolutions: 600x800; minimum 256 colors use HEX code not RGB. The system should not have any home or custom-built hardware. Our OS standards are Windows. If vendor supplies new hardware is expected, it should be "name-brand." hardware. Downloads: Flash, Java Applets.

Not Supported Flash only websites.

Streaming media applications. External Applications that require AD authentication. Client side downloads.


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APPENDIX A5

MINORITY AND WOMEN OWNED BUSINESS ENTITIES PARTICIPATION

The New York City Department of Education (DOE) strongly encourages thesubstantive participation of minority and women owned business enterprises (M/WBE)in this engagement. The proposal will be deemed to be M/WBE participation if thePrime contractor is identified by a governmental agency as a certified M/WBE. Norating points are assigned for M/WBE status.

We strongly advocate participation of Prime contractors who demonstrate a clear andstrong commitment to, and support of equal employment opportunity and employee

civil rights, as well as, Prime or subcontractors showing a high level of commitment tothe principles incorporated in Title VI and Title VII of the Civil Rights Act of 1964,and with all applicable Federal, State and City Laws and for clear demonstration ofimplementation thereof.

Demonstration of commitment and implementation may consist of, but not be limitedto, the following, as documented by supporting data and materials, to be provided bythe proposed with its response to this RFP:

Submit a copy of your M/WBE certification letter from a governmental agency.

A record of hiring, placement, training and promotional practices which permit accessto all levels within the firms organization by women, minority, and disabled and otheremployee groups covered by the Civil Rights Act of 1964.

Policies, initiatives and programs that discourage discrimination against individualson the basis of age, color, sex, national origin, citizen status, religion, sexualorientation, pregnancy or pregnancy-related conditions, and/or promotes the welfareof people with disabilities, including mentally and physically disabled employees and

disabled veterans.

Recognition of the efforts above by government agencies nationally recognized civil rightsorganizations, or other appropriate groups.


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APPENDIX B

TERMS AND CONDITIONS

1. Definitions

A. Words used in this Agreement shall have their ordinary meanings in the English language, exceptthat scientific, technical, specialized or foreign words shall be given their appropriate scientific,specialized or foreign meanings, and definitions specifically provided elsewhere in the Agreementshall apply.

B. The following words, names and titles shall have the following meanings:

(1) "The Board" means the Board of Education of the City School District of the City of NewYork.

(2) "The City" means the City of New York.

(3) "Contract Budget Detail" means the document attached to and incorporated into the

Agreement explaining and limiting how funds paid hereunder are to be expended by theContractor.

(4) "The Comptroller" and "The Commissioner of Finance" mean the Comptroller and theCommissioner of Finance of the City, respectively.

(5) "The Chancellor" means the Chancellor of the Board.

(6) "Approved," "Required," "Directed," "Specified," "Designated" or "Deemed Necessary,"unless otherwise expressed, mean approved, required, directed, specified, designated, ordeemed necessary, as the case may be by the Chancellor or his designee.

(7) "Completion" means full and complete compliance with every requirement of the

Agreement by the Contractor as certified by the Chancellor or his designee.

(8) "Final Payment" means (i) the payment or refund by the Board or City of any moneys thatexhausts the amount of money made available under the Agreement or (ii) any paymentmarked "Final Payment."

2. Captions

The headings of this Agreement, the paragraphs, and subparagraphs of the Agreement, and of anyattachments, are included solely for convenience and reference, and they shall not be used in any way tointerpret this Agreement.


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3. Conditions Precedent

This Agreement shall not become effective or binding upon the Board until:(1) it shall have been approved as to legal sufficiency by the Boards Office of Legal Services; (2) it shallhave been executed by the Chancellor; (3) it shall have been approved as to legal authority by the NewYork City Law Department; and (4) it shall have been approved by the New York State EducationDepartment, if applicable;. A Requirement Agreement for an extended period will require an endorsement

upon the Agreement from time to time as services and/or items and materials are ordered, of the sufficiencyof the appropriation applicable towards the payment for said services and/or materials as and when ordered.(Rev. 4/16/01)

4. Compliance with Laws

In connection with the performance of this Agreement, the Contractor shall comply with all applicablelaws, rules and regulations. The parties hereto agree that every provision of law required to be insertedherein be deemed a part hereof. It is further agreed that if any such provision is not inserted or is incorrectlyinserted, through mistake or otherwise, this Agreement shall be deemed amended so as to comply strictlywith the Law.

5. Unlawful Provisions Void

If this Agreement contains any unlawful provisions or portions thereof, they shall be deemed deleted fromthe Agreement and the remainder of the Agreement shall remain in full force and effect. If the deletion ofsuch provision frustrates the purpose of this Agreement, either party may make application to theChancellors designee for relief. (Rev. 10/4/02)

6. Religious Activity Prohibited

There shall be no religious worship, instruction, proselytizing, or other religious activity in connection withthe performance of this Agreement.

7. Political Activity Prohibited

No Board property provided to the Contractor hereunder for the purposes of this Agreement shall be used

for any political activity or to further the election or defeat of any candidate for public office. As usedherein the term "Board property" shall include, but not be limited to, supplies, work sites, funds advancedand services.

8. Publication and Publicity

The Contractor or anyone employed by the Contractor may not publish the results of its participation orfindings in the performance of this Agreement without the prior written approval of the Chancellor or hisdesignee. All approved publications shall acknowledge that the program is supported by funds from theBoard. Five true copies of each approved publication shall be furnished to the Board without charge.(8/29/88)

9. Copyright

If the Contractor or anyone employed by the Contractor shall write, record or otherwise producecopyrightable material within the scope or in furtherance of this Agreement, the Board shall be consideredthe author for purposes of copyright, renewal of copyright, and termination of copyright and, unlessexpressly waived in a written instrument signed by the Chancellor or his designee, the owner of all of therights comprised in the copyright. (6/88)

10. Patents


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Any invention or discovery arising out of or developed in furtherance of this Agreement shall be promptlyand fully reported to the Board. The Board shall have the exclusive right to apply for patent protection onsuch invention or discovery and to determine how the rights in said invention or discovery, including rightsunder any patent issued thereon, shall be disposed of and administered.

11. Accounting for Property

If any property is acquired by the Contractor with funds provided by the Board under this Agreement, theproperty shall be deemed purchased by the Board for the use of the Contractor during the term of theAgreement shall be permanently embossed "Property of New York City Board of Education" and shall bereturned to the Board, at the Contractor's expense, within thirty (30) days after the end of said term, unlessthe Contractor is otherwise notified in writing by the Chancellor or his designee. (6/21/88)

12. Non-Reimbursable Expenses

The following items may not be claimed as a direct or indirect cost of the Services provided under thisAgreement:

a. rental expense of apartments;b. interest on loans;c. penalties for delinquent filing of tax returns;

d. political or charitable contributions;e. advertising and promotions;f. legal expenses;g. key-man life insurance premiums;

h. federal, state and city income taxes, state and city franchise taxes, and any costs for the

preparation of such tax returns;

i. expenses incurred in preparing for operations; j. cost of employee meals and lodging except when traveling outside the City and pursuant to the

Contract Budget Detail of this Agreement;k. entertainment, gratuities, and any other items of a personal nature;

l. long distance telephone calls unless directly related to the services provided under the terms of thisAgreement;

m. any expense not ordinary, necessary or reasonable in the performance of the Agreement.

13. Limitation on Overhead

Notwithstanding any provision of this Agreement to the contrary, the Contractor shall be reimbursed foroverhead costs equal to the lesser of either (1) the amount specified in the Contract Budget Detail of thisAgreement or (2) the amount calculated by multiplying the total direct labor cost plus fringe benefits statedin the Contract Budget Detail of this Agreement by a fraction, the numerator of which shall be the total ofall the Contractor's overhead costs during the term of this Agreement for all operations, and thedenominator of which shall be the total of all of the Contractor's direct labor costs plus fringe benefitsduring the Term of this Agreement for all operations.

14. No Extra Compensation

The Contractor shall not seek, ask for, demand, sue for or recover, as extra compensation or otherwise, anysum for labor, materials or Services other than the compensation agreed upon and fixed.


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15. Invoices and Payments

The Contractor shall furnish proof of performance with each invoice, and shall comply with all Boardrequirements concerning the manner in which invoices are to be submitted. The Contractor shall not beentitled to demand or receive full or partial payment, until each and every one of the provisions of thisAgreement is complied with, and the Chancellor or his designee shall have given written certification tothat effect. Nothing contained herein shall be construed to affect the right hereby reserved by the Board to

reject the whole or any portion of the performance, should said certification be inconsistent with the termsof this Agreement, or otherwise erroneously given.

16. Cancellation of Grant Funding

If the goods or Services to be provided hereunder are to be paid for, in whole or in part, by means of grantfunding received by the Board from federal, state, city or private sources, the obligation to pay theContractor shall be subject to the continuing availability of said funding. The Board shall notify theContractor within five (5) business days from the date the Board receives written notice of the cancellationof grant funding, in whole or in part, whereupon the Contractor may cease further performance of thisAgreement to the extent said performance would not be supported by grant funding. However, the Boardmay, at its option, require completion of performance of this Agreement by the Contractor upon giving

written assurance, signed by the Chancellor or his designee, within fifteen (15) business days of the date theBoard receives written notice of such cancellation, that the completed performance of this Agreement shallbe supported by other available funds.

17. No Estoppel

The Board, City, and their respective departments, divisions and offices, shall not be precluded or estoppedby a statement or document issued by or on behalf of the Board or the City, from indicating the true valueof Services performed and supplies furnished by the Contractor or by any other person pursuant to or as aresult of this Agreement, or from indicating that any such return or certificate is untrue or incorrect in anyparticular, or that the Services performed and supplies furnished or any part thereof do not in fact conformto the provisions of the Agreement. Notwithstanding any such statement or document, or payment inaccordance therewith, the Board and the City shall not be precluded or estopped from demanding and

recovering from the Contractor such damages as may be sustained by reason of the Contractor's failure tocomply with the provisions of this Agreement.

18. Acceptance of Final Payment

Receipt and negotiation by the Contractor, or by any person claiming under this Agreement, of the FinalPayment hereunder, notwithstanding whether such payment be made pursuant to any judgment or order ofany court, shall constitute a general release of the Board from any and all claims and liability for anythingdone, furnished, or relating to the labor, materials, or services provided, or for any act of omission orcommission of the Board or its agents and employees. Said release shall be effective against the Contractorand the Contractor's representatives, heirs, executors, administrators, successors, and assigns.

19. Claims - Limitation of Action

No action at law or equity shall be maintained by the Contractor, its successors or assigns, against theBoard on any claim based upon or arising out of this Agreement, or out of anything done in connection withthis Agreement, unless such action shall be commenced within six (6) months after the date of filing of thevoucher for final payment hereunder or within six (6) months of the required completion date for theservices performed hereunder, whichever is sooner. None of the provisions of Article 2 of the CivilPractice Law and Rules shall apply to any action against the Board arising out of this Agreement.

20. Notices


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The Contractor's address stated on page 1 of this Agreement is hereby designated as the place where allnotices, letters or other communications directed to the Contractor shall be served, mailed or delivered.Any notice, letter or other communication directed to the Contractor and delivered to such address, orsealed in a post-paid wrapper and deposited in any post office box regularly maintained by the UnitedStates Postal Service, shall be deemed sufficient service thereof upon the Contractor. Said address may bechanged at any time by an instrument in writing, executed and acknowledged by the Contractor anddelivered to the Chancellor's designee. Nothing herein contained shall be deemed to preclude or render

inoperative personal delivery of any notice, letter or other communication, written or oral, to theContractor. Whenever it shall be necessary or required to prove the delivery of any notice, an affidavitdescribing such delivery shall be conclusive evidence of such delivery.

21. Amendments and Waivers

A. This Agreement may be amended by a written instrument signed by an authorized officer for theContractor, and by the Chancellor or his designee. No amendment materially affecting thesubstance hereof shall be effective unless authorized by the Chancellor, and a copy of saidauthorization is attached to the amendment and incorporated therein. (Rev. 11/27/02)

B. No waiver by the Board of any term or condition hereof shall be effective unless in writing andsigned by the Chancellor or his designee. Any waiver shall be specifically limited to its terms, andshall not be deemed applicable to subsequent like circum

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