Questions and Answers

RFP #GT-12
Principal Evaluator Learning System: Training and Tools for Principal Evaluators


IMPORTANT NOTE: Due to the numerous questions received regarding the Bid Cost Proposal for Services 1-3 the form was revised. The revised form is required for use in the submission of a bid.

  1. Question: Although there is no provision in the RFP for delays in performance as a result of a force majeure event (events beyond the contractor’s reasonable control including without limitation, acts of God; acts or omissions of governmental authorities or NYSED or any third party; strikes, lockouts or other industrial disturbances; acts of public enemies; wars; blockades; riots; civil disturbances; epidemics; floods; hurricanes; tornadoes; and any other similar acts, events, or omissions), does the NYSED acknowledge that such delays in performance would not constitute a breach of the contract?

    Answer: Yes.

  2. Question: We presume if NYSED is unable to participate in the review and approval of deliverables due to a delay in contract execution which impacts the delivery schedule, that the vendor will not be held in breach for the delayed deliverables and we further presume that NYSED would collaborate with the vendor to reach revised mutually agreeable delivery dates.  Is this correct? 

    Answer:  Yes, however, the training dates specified for year 1 are the result of a significant logistical coordination on behalf of NYSED, and the successful bidder will be expected to fulfill training on those dates.

  3. Question: Please explain the scope of work requirements for registering and tracking attendance at training sessions. 

    Answer:  The vendor is NOT expected to handle logistics of scheduling facilities and participant attendance (including printing, collating, and shipping of materials) and should not include these items in their scope of work or costs.  The responsibility of registering and tracking attendance at training sessions does not lie with the vendor.

  4. Question: Page 10 (f.ii) Training Sessions Section ii states: “Last 8 hours each training day.”  Is it expected that all modules, including the calibration process, will be delivered in an 8-hour training session? Or, is it assumed that the modules will be delivered across multiple 8-hour training sessions?

    Answer:  Modules will be delivered across multiple 8-hour training sessions.  The scope and sequence will drive the decision.  The calibration process extends beyond a single training, and includes, but is not limited to, web-based calibration.  Also, calibration is defined in the RFP as “ongoing” (Bid Form Cost Proposal, Service 3, first Activity, item (iv)), and includes “post-calibration” activities (Bid Form Cost Proposal, Service 3, third Activity, item (ii)).  For clarity, distinguish a “Training Session” as a singular event, and a “calibration process” as a process.

  5. Question: Page 12, Paragraph (e) of the RFP states the following:  “The contractor or subcontractor who specifically performs item 4 (Design and Training Services for Administrators and Principals to Develop and Implement Student Learning Objectives (SLO’s) as part of Principal Evaluation) will be expected to exchange information on a monthly basis with any other vendor who is providing services related to implementation of SLO’s in New York State.  The non-proprietary condition set forth in the Mandatory Contract Requirements section applies.  We presume that the information shared per this provision is defined as the following deliverables:  training materials and tools.  Is this correct?

    Answer:  Yes, except that the word “tools” is to be broadly read to include, but not be limited to, methodologies or frameworks developed by the contractor pursuant to the contract.

  6. Question: Page 13, Item 3; Page 8, Item 2.a.i. On page 13, the RFP states: The New York State Education Department (NYSED) reserves the right to specify additional principal rubrics that vendors must accommodate in their training.  NYSED will identify the rubrics used by attendees before training events, notify vendor at least a week in advance of such rubrics, such that the vendor can coordinate small groupings by common rubrics during trainings. Vendor may be required to differentiate training across 3 rubrics.  

    On page 8, the RFP states:  The training materials, tools, and resources must include, but are not limited to:

    i Trainers’ guides for train-the-trainer delivery of this scope and sequence including general guidance to trainers for differentiating program and materials for groups using at least three of the New York State approved principal practice rubrics per the training session. The specific three (3) required rubrics will be determined in discussion between NYSED and successful bidder.

    The statements from the RFP cited above seem to be in conflict.  The first statement states that vendors must accommodate additional rubrics with at least one week advance notice by coordinating small groupings by common rubrics during trainings, and the second statement states that vendors must include general guidance to trainers on how to differentiate the program and materials for different rubrics.  Please clarify if NYSED expects the training for each rubric to be customized, and considering the timeframes allowed in the RFP, please clarify the level of customization that NYSED is expecting to see between the rubrics.   We presume the additional rubrics a vendor would be required to accommodate in their training will not pertain to measurement of attributes beyond the attributes already included in the NYS-approved rubrics.  Is this correct?

    Answer:  The primary goal is to develop the training to be general enough to apply to all rubrics, but should also provide pragmatic information for specific rubric(s) used by trainees.  Class groupings may be used to segment rubrics.  Expected levels of customization might include: Several talking/training points for each rubric, a Quick Reference Guide or comparable document for each rubric, etc.  It is correct that the additional rubrics a vendor would be required to accommodate in their training will not pertain to measurement of attributes beyond the attributes already included in the NYS-approved rubrics.

  7. Question: Page 10, Paragraph (e); Page 24.  Page 10, paragraph (e) states the five (5) Train-the-Trainer dates, beginning February 8, 2012.  Page 24 outlines the schedule for deliverables, which spans 53 days, commencing upon contract award of January 3, 2012.  Based on a contract award date of 1/3/2012, approval of deliverables would not occur until 3/15/2010, which is after the first scheduled training date. Please confirm which delivery schedule the NYSED will follow.

    Answer:  All training dates specified for year 1 are the result of a significant logistical coordination on behalf of NYSED, and the successful bidder will be expected to fulfill training on those dates.  NYSED will commit to expedited processes and approvals of those deliverables necessary for training in a manner that supports the vendor's successful provision of training on the dates specified on page 10 of the RFP.
  8. Question: Pages 13 - 14, Mandatory Contract Requirements; Page 20, and Page 38.  On pages 13 - 14, the RFP states that the bidder may either propose NYSED ownership or a perpetual license to NYSED.  However, on page 20 the RFP states that NYSED shall own all materials, processes, and products developed under this contract, and on page 38 the RFP states that any copyrightable work produced pursuant to said agreement shall be the sole and exclusive property of the NYSED and that the materials must be prepared in a form that will be ready for copyright in the name of NYSED.  We presume that if the successful bidder selects the license model option described on pages 13 - 14 of the RFP that the terms described in that provision will supersede the terms on pages 20 and 38.  Is this correct?

    Answer:  Yes, except in the case of a winning vendor that is a sectarian institution of higher education which is not eligible for Bundy Aid.

  9. Question:  Page 13 - 14, Mandatory Contract Requirements.  Whether a bidder chooses the alternative presented in paragraph 1 (NYSED ownership) or the alternative presented in paragraph 2 (a perpetual license to NYSED), we presume that NYSED understands that any preexisting underlying systems or software used in performance of the contract will be subject to the inclusion of the standard applicable license agreement in the resulting contract which the bidder will submit for reference with the proposal?  Is this correct?

    Answer:  Yes, however, it is the strong preference of NYSED that the contractor use publicly available or open source materials whenever possible.  The “standard applicable license” must also provide for sufficient flexibility by NYSED to accommodate NYSED’s educational needs.  NYSED reserves the right to negotiate the terms of the license agreement, and if acceptable terms cannot be negotiated, to reject the proposal.

  10. Question: Page 13 -14, Mandatory Contract Requirements.  Is NYSED requesting a perpetual license to the proprietary underlying systems or software, or is a term license for 10 years past the termination date of the resulting contract sufficient?

    Answer:  Per the language in Paragraph 4 on Page 14, “proprietary methodologies or measures that are the property of the vendor at the time the contract resulting from this RFP is executed” or “materials owned or licensed by the vendor which exist prior to execution of this contract and which are used without change for purposes of providing services under the contract” will be subject to the 10-year term license requirement.  Preexisting “systems and software” would qualify for the term license, but derivatives developed solely for NYSED under the contract would not.

  11. Question: Page 13 - 14, Mandatory Contract Requirements, Paragraph 4.  We presume that the definition of “materials” in paragraph 4 on page 14 includes the vendor’s preexisting systems, software and derivatives thereof.  Is this correct?

    Answer:  Yes, except for derivatives developed solely for NYSED under the contract, at NYSED’s expense. 

  12. Question: Page 13 - 14, Mandatory Contract Requirements, Paragraph 4.  We presume that the definition of “materials” in paragraph 4 on page 14 includes the vendor’s preexisting systems, software and derivatives thereof.  We presume that the inclusion of the phrase “NYSED ownership” in parentheses at the beginning of paragraph 4 is a typo and that the intent is that paragraphs 1-3 of the Mandatory Contract Requirements (i.e., NYSED ownership, perpetual license, and delivery of paper copies and source code) shall not apply to proprietary materials as described in paragraph 4 of the Mandatory Contract Requirements.  Is this correct?  If so, will NYSED issue a corrected Mandatory Requirements Certification form for bidders to sign when submitting the proposal?   

    Answer:  The parenthetical reference to “NYSED ownership” is not a typo.  Paragraph 4 accurately states:  “Paragraphs 1-3 of this section (NYSED ownership) shall not apply….”  Therefore, “Paragraphs 1-3 of this section” were collectively referred to, in this instance, as paragraphs specifically addressing “NYSED ownership”.   Also see answer to Question Nos. 10 and 11, regarding derivatives.    

  13. Question: Page 22, Technical Evaluation Criteria.  The Project Narrative evaluation criteria includes a ranking for Organizational Capacity and Effectiveness however, the RFP does not include Scope of Work requirements for this category.  Please provide Scope of Work requirements.

    Answer:  There are no work requirements to be provided under the Organizational Capacity and Effectiveness area other than an acknowledgement of and agreement to NYSED’s intended process for written deliverables as outlined in paragraph b numbers i though vii. The vendor will be evaluated based upon the criteria outlined in Section III (5).

  14. Question: Will the contract resulting from this RFP be a firm, fixed price contract?

    Answer:  Yes.

  15. Question: What is the state budget by year for this effort?

    Answer:  NYSED will not be providing this information.

  16. Question: Page 55, Bid Cost Proposal for Services.  Would it be acceptable to provide separate “Bid Form Cost Proposal for Services 1 – 3” for each year (Y1, Y2 and Y3)?  If it is acceptable to provide a separate “Bid Form Cost Proposal for Services” for each year, should the vendor adjust the completion date on each form for each consecutive year (ie: 2/15/2013, 2/15/2014)?

    Answer: The Bid Form Cost Proposal has been revised to address the issue of annual bid forms. This revised form is required for use in the submission of a bid.

  17. Question: Page 56, Service 3(i).  The RFP states:  The training of the trainers must include:  (i) Five (5) days annually of in-person training for Year 1; seven (7) day annually of in-person training for Year 2; an seven (7) days annually of in-person training for Year 3. How many separate training events will be included in years two and three?

    Answer:  Seven days per year.

  18. Question: Page 15, Minority and Women-Owned Business Enterprise (M/WBE) Compliance Requirements.  Can NYSED confirm that a bidder can submit a combination of the two percentage requirements to equal the total 29%? For example, could a bidder comply with the M/WBE requirement with a proposal including 20% WBE and 9% MBE?

    Answer:  It is NYSED’s preference that the vendor strive to meet the goals of 17% minority owned business and 12% women owned business, however proposals that satisfy the total M/WBE requirement with an alternative percentage distribution will be considered, provided the bidder provides a justification for the alternative distribution. If assistance is needed in meeting the goals, you may contact NYSED’s MWBE person to provide you with a list of NYS certified M/WBE firms.

  19. Question: Page 18, Paragraph 6; Page 19, Paragraph 14.  The contractor must document its good faith efforts as set forth in 5 NYCRR 142.8.  This document, Contractors Good Faith Efforts, can be found in the M/WBE Submission Documents.  We presume that the documentation described on the “Contractor’s Good Faith Efforts” document (pages 74-75 of the RFP) is only required if the bidder is filing a written application requesting a partial or total waiver of the M/WBE goals.  Is this correct?  If this is not correct, then please clarify how and when this documentation is to be submitted.  

    Answer:  Yes, the "Contractor's Good Faith Efforts" provides the documentation necessary to request partial or total waiver.  M/WBE utilization can be attained for services, materials and supplies.  The M/WBE contact can provide you with a list of NYS certified firms available in our efforts to assist bidders in meeting the goals of this RFP. 

  20. Question: What is the budget allotted for this project?

    Answer:  NYSED will not be providing this information.

  21. Question: Can you please describe how this training is expected to be a balance of rubric-agnostic training, with examples from the approved rubrics?

    Answer:  The training should be such that it can be applied across several rubrics but should use key rubrics (those widely adopted across the state) as vehicles for learning.

  22. Question: How does this relate to what districts/BOCES may be doing on their own for training on particular rubrics?

    Answer:  In most cases, districts/BOCES will turn-key this training for principal supervisors or they may design and implement their own according to the requirements in Education Law §3012-c.  However, for those districts/BOCES which have chosen to develop and implement their own model, there are no instructional requirements from the vendor.

  23. Question: How are the materials and examples, with a focus on inter-rater reliability and leader feedback, to be created without a focus on a specific rubric?

    Answer:  The training should be such that it can be applied across several rubrics but should use key rubrics (those widely adopted across the state) as vehicles for learning.

  24. Question: Can the structure of services/number of days be increased to provide further fidelity of implementation and monitoring?

    Answer:  The vendors bid response should address the specific deliverables as identified in the RFP document.

  25. Question: How will the participants be chosen?

    Answer:  They will be chosen by participating LEAs and BOCES.

  26. Question: How does the NYSED envision any follow-up training to the scope of work described in the RFP?

    Answer:  This will be evaluated by SED on an as needed basis.

  27. Question: Is NYSED planning to share or sell the materials outside New York State? If so, what would be the parameters?

    Answer:  NYSED has no current intent to sell materials produced from this RFP, and has no current intent to license the sale of the materials by third parties, but reserves its right to do so.  NYSED also reserves the right to share or "use in any way" materials as defined in Paragraph 2) of the Mandatory Contract Requirements of the RFP, and currently intends to share the materials with educational entities for noncommercial educational use.

 

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Last Updated: May 23, 2012 12:20 PM