Request for Proposals (RFP) #X-07 for

Website Redesign and Drupal Content Manager Implementation

New York State Department of Labor

Harriman Office Campus Building 12, Room 454

Albany, NY 12240

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Procurement Lobbying Act and Designated Contacts This Request for Proposal (RFP) is being conducted in accordance with the Procurement Lobbying Act (State finance Law §§139-j and 139-k). For more information regarding the Procurement Lobbying Act, please refer to the New York State Office of General Services (OGS) website at: https://online.ogs.ny.gov/legal/lobbyinglawfaq

Pursuant to the Procurement Lobbying Act this solicitation includes and imposes certain restrictions on communications between the New York State Department of Labor and the Bidder during the procurement process. Accordingly, designated contacts for questions related to this procurement as of the date hereof, are:

Primary:

Yvonne Huang New York State of Labor Purchase & Contracts State Office Campus, Bldg. 12, Rm. 454 Albany, New York 12240 labor.sm.DOLPurchase.Contracts@labor.ny.gov

Alternate: Brent Cozart New York State of Labor Purchase & Contracts State Office Campus, Bldg. 12, Rm. 454 Albany, New York 12240 labor.sm.DOLPurchase.Contracts@labor.ny.gov

Neither phone nor fax inquires will be accepted. Administrative issues pertaining to sending or receiving email through the designated mailbox may be reported at (518) 457-1448.

Notice of Intent to Bid Bidders intending to submit a proposed response to this RFP are asked to use the “Notice of Intent to Bid” form. This form, completion, and forwarding instructions are included in Attachment A. The submission of this form is not a prerequisite for Bidder eligibility.

The New York State Department of Labor is an Equal Opportunity Employer. Auxiliary aids and services are available upon request to individuals with disabilities.

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Table of Contents Procurement Lobbying Act and Designated Contacts .................................................................... 2 Notice of Intent to Bid ......................................................................................................................... 2 Timetable of Key Events..................................................................................................................... 5 Submission of Proposal ..................................................................................................................... 6 Preamble .............................................................................................................................................. 7 Section 1: Introduction ....................................................................................................................... 8

1.1 Definitions ......................................................................................................................... 8 1.2 Purpose ............................................................................................................................. 9 1.3 Background ....................................................................................................................... 9 1.4 Current Environment ....................................................................................................... 10 1.5 Contract Term ................................................................................................................. 11

Section 2. Contractor Responsibilities and Qualifications ........................................................... 11

2.1 Project Management Plan ............................................................................................... 11 2.2 Experience and Staffing .................................................................................................. 12 2.2.1 Substitution of Personnel ............................................................................................. 14 2.3 Case Study ..................................................................................................................... 19

Section 3: Project Scope and Requirements .................................................................................. 20

3.1 Business Objectives and Goals ...................................................................................... 20 3.2 Scope .............................................................................................................................. 21 3.3 State and Federal Standards & Requirements ................................................................ 21 3.4 WebNY and NY.Gov Digital Team Coordination Requirements ...................................... 22 3.5 General Project Requirements/Deliverables ................................................................... 22 3.5.1 Analysis and Research ................................................................................................ 23 3.5.2 Architecture, Design & Branding .................................................................................. 23 3.5.3 Development ................................................................................................................ 24 3.5.4 Migration ...................................................................................................................... 26 3.5.5 Testing and Quality Assurance .................................................................................... 26 3.5.6 Knowledge Transfer and Training ................................................................................ 28 3.5.7 Deployment .................................................................................................................. 28 3.5.8 Delivery of Product and Documentation ....................................................................... 28 3.5.9 Support and Maintenance ............................................................................................ 29 3.5.10 Ongoing Support and Maintenance ........................................................................... 29 3.6 NYSDOL Responsibilities ............................................................................................... 29

Section 4. Cost Requirements ......................................................................................................... 30 Section 5. Terms and Conditions .................................................................................................... 31

5.1 Agreement Period and Renewal ..................................................................................... 31 5.2 Termination ..................................................................................................................... 31

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5.3 Price Adjustments ........................................................................................................... 31 5.4 Ownership and Title to Deliverables ............................................................................... 32 5.5 Use of NYSDOL and NYS Logos .................................................................................... 32 5.6 Interpretation and Disputes ............................................................................................. 32 5.7 Security/Confidentiality Requirements ............................................................................ 32 5.8 Patent/Copyright Indemnification .................................................................................... 33 5.9 Period of Validity ............................................................................................................. 34 5.10 Minority and Women-Owned Business Enterprise/Service-Disabled Veteran-Owned Business Requirements ........................................................................................................ 34 5.11 Liquidated Damages ..................................................................................................... 40 5.12 Conformance to RFP .................................................................................................... 40 5.13 Serve as Witness .......................................................................................................... 41

Section 6. Administrative ................................................................................................................. 41

6.1 Amendments, Announcements & Clarifications .............................................................. 41 6.2 Response to Bidder Questions and Requests for Clarification ........................................ 41 6.3 Pre-Bid Conference ........................................................................................................ 41 6.4 Submission of Proposals ................................................................................................. 42 6.5 NYSDOL’s Rights to Proposals ....................................................................................... 42

Section 7. Proposal Format and Content ........................................................................................ 43

7.1 Overview ......................................................................................................................... 43 7.2 General Requirements and Appearance ......................................................................... 43 7.3 Technical Proposal Requirements (Part I) ...................................................................... 44 7.4 Cost Proposal Requirements (Part II) ............................................................................. 44 7.5 NYS Legal/Regulatory/Administrative Documents (Part III) ............................................ 45

Section 8. Proposal Evaluation Criteria .......................................................................................... 45 8.1 Overview and Method of Award ...................................................................................... 45 8.2 Method of Award ............................................................................................................. 45 8.3 Technical Proposal Evaluation ........................................................................................ 46 8.4 Cost Proposal Evaluation ................................................................................................ 46 8.5 Oral Presentations .......................................................................................................... 47 8.6 Final Evaluation .............................................................................................................. 47 8.7 Tie Breaker ..................................................................................................................... 47

Section 9. Attachments, Appendices, and Exhibits ....................................................................... 48

Attachments .......................................................................................................................... 48 Appendices ........................................................................................................................... 48 Exhibits ................................................................................................................................. 48

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Request for Proposals (RFP) #X-07 for

Website Redesign and Drupal Content Manager Implementation

Timetable of Key Events

Event Date

RFP Release Date Submission Date for the Notice of Intent to Bid (not mandatory) Deadline for Questions Responses to Questions Deadline for Proposal Anticipated Date of Oral Presentation Anticipated Date of Notification of Award Anticipated Date of Execution of Contract Agreement Anticipated Project Start Date

2/16/2018

2/22/2018

2/26/2018 by 5:00pm EST

3/5/2018 by 5:00pm EST

3/15/2018 by 11:00am EST

4/5/2018

4/12/2018

6/15/2018

Upon Contract Approval

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Submission of Proposal Bidders interested in being considered for this engagement should see Section 7 of this RFP and submit along with original signed cover letters (signed by an individual authorized to represent the firm) to:

Yvonne Huang Contract Management Specialist

New York State Department of Labor Harriman Office Campus Building 12, Room 454

Albany, New York 12240 Please Note: There will be NO public Bid opening for this RFP. In order to expedite the solicitation process, Proposals must be submitted by mail, overnight carrier, or certified mail in a package, with all the following information labeled on the outside package/envelope:

Bidder’s complete name and address Proposal Enclosed For: RFP #X-07 for

Website Redesign & Drupal Content Manager Implementation Due Date and Time: Same as noted in Timetable of Key Events

Failure to complete all information on the Proposal envelope and/or packages may necessitate the premature opening of the Proposal and may compromise confidentiality. Notwithstanding the New York State Department of Labor’s (NYSDOL) right to open a Proposal to ascertain the foregoing information, the Bidder assumes all risk of late delivery associated with the Proposal not being identified, packaged, or labeled in accordance with foregoing requirements. All Proposals, including all information and Product required by the RFP or provided as explanation thereof, shall be submitted in English. All prices shall be expressed, and all payments shall be made, in United States Dollars (US$). Any Proposals submitted which do not meet the above criteria will be rejected. Each technical Proposal, cost Proposal, and all administrative documentation must be packed separately in sealed envelopes with the title of the RFP, the Assigned Bid Number, and the respondent’s name and address clearly displayed on the exterior of each envelope. The Technical Proposal, cost Proposal, and Administrative documentation envelopes may be mailed in the same package. Late Bids: Bidders who do not submit Proposals by 11:00am Eastern Standard Time (EST) on March 15, 2018, deadline will be eliminated from consideration. This mandatory requirement may only be waived if no Proposals of this RFP were received by the submission deadline date and time.

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Preamble The information contained herein should be used for the sole purpose of responding to this Request for Proposals. This Request for Proposals (RFP) is not an offer and does not commit the New York State of Labor (NYSDOL) to a Contract/Agreement. Furthermore, NYSDOL is not liable for any costs, in whole or in part, incurred by a Bidder in the preparation of a response to this RFP, or for any work performed prior to Contract execution. NYSDOL reserves the right to accept or reject any and all Proposals; to correct any computational errors in the Proposal(s); to utilize any or all ideas from the Proposals and to adopt all or any part of the Proposal(s) submitted. All Proposals shall become the property of NYSDOL. As an agency of the State of New York, all responses submitted to NYSDOL may be disclosed pursuant to requests for access made under the New York Freedom of Information Law (FOIL) provided, however, that there are no statutory restrictions that may exempt documents from FOIL disclosure. All work products described herein may also be subject to FOIL disclosure. Confidential, trade secret or proprietary materials as defined by the laws of the State of New York must be clearly marked and identified as such upon submission by the Bidder/Contractor. Marking the Bid as “confidential” or “proprietary” on its face or in the document header or footer shall not be considered by NYSDOL to be sufficient without specific justification as to why disclosure of particular information in the Bid would cause substantial injury to the competitive position of the Bidder/Contractor. Bidders/Contractors intending to seek an exemption from disclosure of these materials under FOIL must request the exemption in writing, setting forth the reasons for the claimed exemption. NYSDOL’s receipt/acceptance of the claimed materials does not constitute a determination on the exemption request. Such determination will be made in accordance with statutory procedures. Properly identified information that has been designated confidential, trade secret, or proprietary by the Bidder/Contractor will not be disclosed except as may be required by FOIL or other applicable State and federal laws. The State does not indemnify Contractors/Vendors.

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Section 1: Introduction The New York State of Labor (NYSDOL) is soliciting Proposals to procure a responsive and responsible Contractor to provide the redesign of the public website in adherence with the Governor’s rebranding strategy and the implementation of a new content management system (built on the Drupal 8 platform using the NYS Distribution code base). This procurement is being undertaken in accordance with New York State Finance Law, Article XI. The Contractor selected through this RFP will work to provide all necessary services stipulated herein.

1.1 Definitions Unless further defined within the RFP, the following will be used as noted herein: Acceptance or Accepted -- The written determination by NYSDOL that a deliverable, including all of components thereof, satisfies all applicable acceptance criteria. For non-written deliverables, this includes successful completion of all testing, demonstrating that the deliverable functions and performs in accordance with all specifications and requirements set forth in the RFP. Agreement or Contract shall mean the writings that contain the Agreement (Contract) of NYSDOL and the Contractor setting forth the total legal obligation between the parties as determined by applicable rules of law. Contractor shall mean the vendor who (upon contract award, approval, and execution) is the successful Bidder awarded the contract. Bid or Proposal shall mean a response to the RFP submitted by a Bidder to provide products/services. Bidder shall mean those companies or individuals who respond to NYSDOL’s request for solutions to its present needs. Finalist(s) shall mean the Bidder(s) with the highest score (after combining the Written Technical Score and Cost Score) and any other Bidder(s) whose combined Written Technical and Cost Scores place them in a position to be awarded the Contract (when combined with the highest possible Oral Presentation score as compared to other Bidders). NYSDOL Project Manager shall mean the person dedicated to managing all communication between the Contractor and NYSDOL. The NYSDOL Project Manager will also direct and supervise the project and Contractor as needed. Product shall mean items or deliverables under any Solicitation or Contract/Agreement and may include commodities, services, and technology. Subcontractor shall mean any individual or legal entity (including but not limited to sole-proprietor, partnership, limited liability company, firm, or corporation) who has entered into a Contract, express or implied, for the performance of a portion of a Contract with a Contractor.

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1.2 Purpose NYSDOL is seeking Proposals for the redesign of the public website in adherence with the Governor’s rebranding strategy and the implementation of a new content management system (built on the Drupal 8 platform using the New York State Distribution code base). The Contractor must:

• Analyze NYSDOL’s current website (content, structure and analytics);

• Understand NYSDOL’s business processes and the role of the website in those processes;

• Improve the information architecture (IA), navigation and Search Engine Optimization (SEO) capabilities of the site;

• Implement New York State (NYS) Branding and Style Guidelines (which will be made available to the Contractor) for the website to make all website styles and branding consistent and compliant throughout;

• Create a scalable site that will accommodate room for future growth;

• Provide a strategy for inventorying and migrating all content for a site of this scope;

• Implement the new NYSDOL website on the Drupal 8 platform base and templates using the NYS Distribution code base as needed;

• Develop and code custom modules as needed;

• Ensure cross browser compatibility;

• Design the site to be compliant with Web Content Accessibility Guidelines (WCAG) 2.0, AA standards;

• Deliver recommendations for social and customer service platform integration; and

• Integrate responsive (mobile/tablet) browsing capability.

1.3 Background NYSDOL is the primary entity that administers unemployment insurance benefits, contributions, labor exchange systems to connect job seekers with employers, and appeals. NYSDOL connects businesses to cost-saving programs and job candidates, and vigorously enforces state Labor Laws. NYSDOL works aggressively to ensure a fair wage for all workers, and protects the safety and health of workers and the public. NYSDOL employs more than 3,000 individuals at more than 100 locations across NYS, and provides services to hundreds of thousands of people each year.

Main Divisions

• Unemployment Insurance Administers the NYS Unemployment Insurance (UI) Law, including both the benefit payment program and the employer contribution program. There were 688,000 claimants in 2016.

• Division of Employment & Workforce Solutions Leads the state’s workforce development system, providing services to job seekers and businesses statewide. Manages 96 NYS Career Centers and hosts thousands of career fairs and customized recruitment events each year.

• Division of Labor Standards Administers NYS Labor Law concerning minimum wage, payment of wages and wage supplements, child labor, hours of work, migrant farm labor, industrial homework, record-keeping, and conditions in the apparel manufacturing industry.

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• Division of Safety and Health Oversees workplace protection of public employees at the state and local level. The division inspects, approves, and/or provides certificates for amusement devices, ski tows, aerial performers, crane operators, window cleaning equipment, explosives, asbestos removal, boilers, and places of public assembly.

• Office of Special Investigations Identifies and investigates cases of UI fraud, works with law enforcement agencies that prosecute these cases, and coordinates NYS agencies to ensure enforcement of the laws violated when employers misclassify workers.

• Bureau of Public Work Ensures Contractors and Subcontractors pay workers employed under a public work contract at least the prevailing rate of wage and benefits.

• Division of Immigrant Policies and Affairs Helps address the needs, issues, and challenges of immigrants by doing outreach in immigrant, refugee, and limited English proficiency communities, making sure workers know and understand their rights, reviewing information for labor trafficking, and issuing certifications for U and T visas.

• Research and Statistics Administers required federal statistical programs, including those related to occupational and industrial employment, wages and local area unemployment and is the primary source of labor market information in NYS. Responsible for compiling monthly state-wide and regional job growth and unemployment statistics.

• Counsel’s Office Provides legal advice and counsel to the Commissioner of NYSDOL and to programs within NYSDOL. Responsible for liaising with NYS lawmakers and their staff members, developing legislative and policy proposals, reviewing pending legislation, and providing feedback to the Governor’s Office.

• Communications Informs the public about the mission and achievements of NYSDOL through various types of media to keep stakeholders and the public up to date.

1.4 Current Environment The most recent version of NYSDOL’s website (www.labor.ny.gov) was launched in 2011, and has been operating on the TeamSite content management system since 2007. Content on the website is currently maintained using TeamSite Content Center Professional, which allows for division-level content submissions and a tiered approval process by NYSDOL. The website is currently hosted at the Colleges of Nanoscale, Science and Engineering (“CNSE”) by NYS Office of Information Technology Services (ITS) and has approximately:

• HTML Pages: 5,000

• PDF Pages: 62,000 (48,000 of which are posted for reference in one section that may not be an included part of the final launch)

• Excel Documents: 420

• Word or other text Documents: 1,200

• CSS (style sheets): 900 (many of them redundant)

• Images: 7,000 (many of them outdated or redundant)

• Videos: 400

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NYSDOL’s website has several sub-sites that function as sections of the main site. These include, but are not limited to:

• Ride Safe NY: https://www.labor.ny.gov/ridesafeny

• The Youth Portal: https://www.labor.ny.gov/youth

• Hazard Abatement Board: https://www.labor.ny.gov/hab/

• Career Center Locator: https://labor.ny.gov/career-center-locator

1.5 Contract Term

The anticipated term of the Agreement shall be three years commencing on the date of approval of the Agreement by the NYS Office of the Comptroller. If mutually agreed between NYSDOL and the Contractor and approved by all NYS control agencies, the Agreement may be extended under the same terms and conditions for two (2) optional one (1)-year renewals. The cost for ongoing maintenance and support for the two (2) optional one (1)-year renewals (contract years four (4)-five (5) must remain static for those renewal periods. (Also, see Section 5.1, Agreement Period and Renewal).

Section 2. Contractor Responsibilities and Qualifications

2.1 Project Management Plan A Project Management Plan must be included with each Proposal, and must provide sufficient detail to permit the Technical Evaluation Team to:

• Assess the Bidder’s degree of understanding of the requirements and deliverables;

• Provide a clear understanding of the Bidder’s proposed management strategies, and Quality Assurance tools, to ensure the success of the project;

• Assess the ability of the Bidder to plan and manage the daily operations of the project, for the duration of the term of the Contract; and

• Assess how well the Bidder describes usability studies at points throughout the project. The Project Management Plan must provide the specific elements described below:

• A brief summary of the strategies and methods the Bidder will use to achieve the goals of this project.

• A Detailed Project Schedule which includes: o A timeline to complete all deliverables listed in Sections 3.2-3.5.8, no later than twelve (12)

months after the Contract is fully executed; o A strategy for the most rapid and cost-effective implementation of these deliverables; o Support and Maintenance Deliverables which will be delivered throughout the term of the

Contract and, at the discretion of NYSDOL, may be extended under the same terms and conditions after expiration of the initial Contract term for two (2) optional one (1)-year renewals.

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o At a minimum, the project schedule must describe the logical progression of the project, and must include all phases, deliverables, milestones and proposed dates when those milestones will be completed;

o The detailed project schedule must also include periodic review and approval checkpoints prior to the completion of each deliverable;

o The name and a description of the project management tool or technique that will be used to track the progress of the project, which must include Gantt charts and critical path charts that describe all of the tasks, durations, predecessors, and resources/NYSDOL roles allocated;

o The Bidder’s commitment of management resources to be devoted to this project; o The names, titles, resumes, and locations of all key personnel to be dedicated to this project

(i.e., personnel whose credentials meet the qualifications to Bid as outlined in this RFP); o An organization chart; o Specifications as to the amount of time and specific functions that each key person will dedicate

to this project; o The qualifications and details of any anticipated personnel to be hired to work on this project; o A description of any local or sub-offices, including the location of staff members assigned to this

project; o A matrix which details a complete staffing plan for the project:

i. Identifying all staff (including whether or not Subcontractors will be utilized), and including the timing for hiring each new staff member;

ii. Each staff member’s specific role, responsibilities and qualifications; iii. How each staff member will be used for the various components, tasks, and functional

areas of the project plan; and iv. The amount of time each staff member will allot to each task. Where Subcontractors are

identified, the Bidder must also describe the value of each Subcontractor to the project. The Bidder must describe the estimation methodology it used to determine the matrix and all assumptions it makes in the planning, staffing, and management of this project;

o A description of the required roles and time commitments of NYSDOL staff; o A recommended level, length, and frequency of communication between the Contractor and

NYSDOL, including frequency of regular progress meetings and written status/progress reports; and

o Recommendations as to the performance measures to be used for evaluating the effectiveness of this project.

The Bidder should describe any innovative management techniques that they may employ. Failure to provide a Project Management Plan and the specific elements as described above may render a Proposal non-responsive and disqualify it from further evaluation.

2.2 Experience and Staffing Experience The Bidder will be evaluated on:

• Its level of experience in website redesign projects of similar scope;

• The appropriateness and quality of its verified references; and

• Its on-site oral presentation (if Bidder is deemed a finalist).

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The Bidder’s qualifications and experience must be established to the satisfaction of NYSDOL. As evidence of its experience and abilities, the Bidder must provide three (3) verifiable client website project references for projects where the Bidder:

• Researched the client’s needs;

• Audited, inventoried and migrated appropriate content of the existing site to their new site;

• Designed, planned and managed all work; and

• Launched with a public launch date that occurred within the last three (3) years.

Sites being referenced by the Bidder must:

• Be available to be viewed by NYSDOL live on the Internet; and

• Not have had work done by another vendor after the Bidder’s initial site launch.

References should demonstrate the Bidder’s ability to successfully redesign and launch websites for other public organizations such as a government, university, or other client having a website with a complexity like that of NYSDOL. Those references should include as many deliverables as was needed, that are listed in Section 3.2-3.5.8 of this RFP. A minimum of two (2) of the references must be from projects for which the Bidder has designed and launched a website using Drupal 7 or 8. The Bidder is solely responsible for providing references that are readily available to be contacted by NYSDOL and will respond to reference questions. NYSDOL strongly encourages the Bidder to notify each reference that their contact information has been provided to NYSDOL and that NYSDOL will be contacting them to verify the proposed Bidder’s work experience as it pertains to this RFP’s project scope. Failure of any of the Bidder’s submitted references to respond to NYSDOL inquiries within thirty (30) days may result in the Bidder’s Proposal being disqualified from further consideration. Staffing The Bidder must name the individuals who will be assigned to this project and document, with specifics, how their experience meets the requirements detailed in this Section 2.2 numbers 1-3, below. The Bid must include resumes of key staff that will be assigned to this project either by the Bidder or its Subcontractors. All staff, including Subcontractors’ staff, must meet the minimum staff qualifications listed below in order to work on the project. 1. Contractor Project Manager: Bidder must assign a Contractor Project Manager to this project. The Contractor Project Manager must possess at least five (5) years of experience managing website analysis/design and build projects.

2. Web designer(s) and developer(s): Each of the web designers and developers assigned to the project should possess at least two (2) years of experience designing and developing websites. The Bidder must submit documentation specifying the amount of experience that each of the assigned web designers and developers has in the following areas:

• Developing website architecture, navigation and layout;

• Usability and user centered design best practices;

• Developing web pages in Drupal 7 and higher using the latest versions of HTML, Java Script and CSS that are supported by all major web browsers;

• Familiarity with graphic design best practices and experience with Photoshop, Illustrator or like software;

• Developing for mobile devices and tablets;

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• Developing for different platforms and browsers;

• Analyzing and testing usability of websites;

• Implementing accessibility requirements for persons with disabilities at the certification level required for this project;

• Current Search Engine Optimization best practices and strategies;

• Google Certifications (if so, please specify);

• Content auditing, and analysis; and

• Large scope content migration, planning and implementation.

3. Drupal developer(s): Each of the assigned Drupal developer(s) assigned to the project should possess at least two (2) years of experience in developing websites using Drupal 7 or Drupal 8. If development staff have certifications in either Drupal 7 or 8, please provide such information.

For each developer proposed by the Bidder, the Bid must include the number of years of experience in each area listed below:

• Customizing, creating, and implementing Drupal modules and themes, and specify which Drupal version;

• Custom module development;

• Drupal site administration and specify which Drupal version;

• Migrating existing content into Drupal content management system;

• PHP;

• Acquia Cloud Services;

• Acquia Solr and Search; and

• MySQL.

2.2.1 Substitution of Personnel

NYSDOL considers the continuous performance of all initially assigned Contractor personnel to be critical to the success of the project. Contractor personnel include employees and agents and Subcontractor employees and agents performing work at the direction of the Contractor under the terms of the Contract awarded from this RFP. For the purposes of this section, the following definitions apply: Extraordinary Personnel Event: means leave under the Family Medical Leave Act; or an incapacitating injury or incapacitating illness; or other circumstances that, in the sole discretion of NYSDOL, warrant an extended leave of absence, such as extended jury duty or extended military service that precludes the individual from performing his/her job duties under the Contract. Incapacitating: means any health circumstance that substantially impairs the ability of an individual to perform the job duties described for that individual’s position in the RFP or the Bidder’s Technical Proposal. 1. Bidder’s Key Personnel NYSDOL shall consider the following positions, to be provided by the successful Bidder, as essential to the ongoing work and success of the project and shall be termed “Key Personnel”:

A. Contractor Project Manager B. Web Designer

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C. Web Developer

2. Continuous Performance of Key Personnel Key Personnel shall be available to perform Contract requirements 30 business days from the Contract execution date. Unless explicitly authorized by NYSDOL or specified in the contract, Key Personnel shall be assigned as a dedicated resource. Key Personnel shall perform continuously for the duration of the Contract, or such lesser duration as specified in the Technical Proposal. Key Personnel may not be removed by the Contractor from working under the Contract without the prior written approval of the NYSDOL Project Manager.

3. Continuous Eligibility of Key Personnel at US locations NYSDOL considers the continuous eligibility of Key Personnel to work at US locations specified by NYSDOL to be critical to the success of the project and requires the following confirmations:

A. Eligibility to Work: The Contractor must ascertain and validate that individuals designated as Key Personnel are either U.S. Citizens or non-U.S. citizens.

1. Where the individual designated as Key Personnel is a U.S. citizen, the Contractor must identify the proposed individual with, at a minimum, the first and last name as it appears on his/her Driver’s License, Non-Drivers Identification Card, or other accepted forms of government identification.

2. Where the individual designated as Key Personnel is not a U.S. citizen, the Contractor must identify such to NYSDOL, with, at a minimum, the first and last name of the individual as it appears on his/her Visa and/or Passport. No other names or derivations may be used.

3. The Contractor must retain all necessary paperwork throughout the length of each individual’s engagement. The Contractor is responsible for ensuring that each individual designated as Key Personnel retains the authorization to legally work in the United States throughout the entire term of the Contract.

B. Federal Requirements: The Federal Immigration Reform and Control Act, as amended, (8 USC section 1324a et al) obligates employers, such as the Contractor, to verify that all its employees are legally entitled to work in the United States. In order to verify that an individual is not an unauthorized alien, NYSDOL reserves the right to request legally mandated Contractor-held documentation attesting to the employee’s legal entitlement to work in the United States for each individual assigned work under this Contract. In accordance with such law, NYSDOL does not discriminate against individuals on the basis of national origin or citizenship. C. H1-B or Other Visa Status: The Contractor must identify if each individual designated as Key Personnel will be working under an H1-B or other visa during the time of the placement. Contractor will provide the visa expiration dates for the individuals engaged in the project and shall make commercially and legally reasonable attempts, as determined solely by NYSDOL, to extend the work visas until the proposed end date of this Contract.

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D. Absences: 1. The Contractor shall identify any dates in excess of ten (10) business days in which

individuals designated as Key Personnel will be unavailable during the duration of the contract.

2. This includes absences related to work visas.

4. Substitution Prior to Contract Execution Prior to contract execution or within thirty (30) business days after Contract execution, the Bidder may substitute proposed Key Personnel only where vacancy occurs due to the sudden termination, resignation, or approved leave of absence due to an Extraordinary Personnel Event, or death of such personnel. To qualify for such substitution, the Bidder must demonstrate to NYSDOL’s satisfaction the event necessitating substitution and that the originally proposed staff is actual full-time personnel employed directly with the Bidder (Subcontractors, temporary staff, or 1099 Contractors do not qualify). Proposed substitutions shall have equal or better skill level, qualifications, and experience determined at NYSDOL’s sole discretion. Proposed substitutes deemed by NYSDOL to be less qualified than the originally proposed individual may be grounds for pre-award disqualification or post-award termination. 5. Contractor Personnel General Substitution Provisions The following provisions apply to all of the circumstances of Contractor personnel substitution described in Section 2.2.1(6).

A. The Contractor shall demonstrate to the NYSDOL Project Manager’s satisfaction that the proposed substitute has equal or better skill level, qualifications, and experience, as determined solely by NYSDOL, to those of the Contractor personnel proposed to be replaced. 1. The Contractor shall ensure any departing personnel’s project knowledge is transferred to

the substitute and any change in personnel does not delay the project. 2. The Contractor shall provide the NYSDOL Project Manager with a substitution request that

shall include: a. A detailed explanation of the reason(s) for the substitution request; b. The resume of the proposed substitute, signed by the substituting individual and his/her

formal supervisor; c. The official resume of the current personnel for comparison purposes; d. Evidence of any required credentials; and e. A detailed explanation of the Project Knowledge Transfer plan. Where possible, the plan

shall include confirmation that replacement personnel shall work with outgoing personnel for at least two weeks.

3. The NYSDOL Project Manager may request additional information concerning the proposed substitution. In addition, the NYSDOL Project Manager and/or other appropriate NYSDOL personnel involved with the contract may interview the proposed substitute personnel prior to deciding whether to approve the substitution request.

4. The NYSDOL Project Manager will notify the Contractor in writing of: (i) the acceptance or denial, or (ii) contingent or temporary approval for a specified time limit, of the requested substitution. The NYSDOL Project Manager will not unreasonably withhold approval of a proposed Contractor personnel replacement.

5. If the NYSDOL Project Manager denies the proposed substitute personnel, the Contractor will propose additional substitute personnel for consideration until a satisfactory personnel replacement is deemed suitable and accepted by the NYSDOL Project Manager.

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6. Replacement Circumstances

A. Contractor Personnel Replacement To replace any Contractor personnel in a circumstance other than as described in Section 2.2.1(6) including transfers and promotions, the Contractor shall submit a substitution request, as described in Section 2.2.1(5) to the NYSDOL Project Manager at least fifteen (15) business days prior to the intended date of change. A substitution may not occur unless and until the NYSDOL Project Manager approves the substitution in writing.

B. Contractor Personnel Replacement Due to Vacancy 1. The Contractor shall replace Contractor personnel whenever a vacancy occurs due to the

sudden termination, resignation, Extraordinary Personnel Event as defined in Section 2.2.1; or death of such personnel. A termination or resignation with thirty (30) days or more advance notice shall be treated as a replacement under Section 2.2.1(6).

2. Under any of the circumstances set forth in Section 2.2.1 the Contractor shall identify a suitable replacement and provide the same information and items required under Section 2.2.1(6) within fifteen (15) business days of the actual vacancy occurrence or from when the Contractor first knew or should have known that the vacancy would be occurring, whichever is earlier.

C. Contractor Personnel Replacement Due to an Indeterminate Absence 1. If any Contractor personnel has been absent from his/her job for a period of ten (10) business

days due to injury, illness, or other physical condition, or an Extraordinary Personnel Event and it is not known or reasonably anticipated that the individual will be returning to work within the next twenty (20) business days to fully resume all job duties, before the 25th day of continuous absence, the Contractor shall identify a suitable replacement and provide the same information and items to the NYSDOL Project Manager as required under Section 2.2.1(6).

2. However, if this person is available to return to work and fully perform all job duties before a replacement has been authorized by the NYSDOL Project Manager, the NYSDOL Project Manager may, at his/her sole discretion, authorize the original personnel to continue to work under the Contract, or authorize the replacement personnel to replace the original personnel, notwithstanding the original personnel’s ability to return.

D. Directed Personnel Replacement 1. The NYSDOL Project Manager may direct the Contractor to replace any Contractor

personnel who, in the sole discretion of the NYSDOL Project Manager, are perceived as being unqualified, non-productive, unable to fully perform the job duties, disruptive, has work performance that NYSDOL finds unacceptable, or who is known, or reasonably believed, to have committed a major infraction(s) of law, NYSDOL policies, or Contract requirements, or determined to pose a security risk to the State. Normally, a directed personnel replacement will occur only after prior notification of problems with requested remediation, as described in the paragraph below.

2. If deemed appropriate in the discretion of the NYSDOL Project Manager, the NYSDOL Project Manager shall give written notice of any Contractor personnel performance issues to the Contractor, describing the problem and delineating the remediation requirement(s). The Contractor shall provide a written response to the remediation requirements in a Remediation Plan within five (5) business days of the date of the notice and shall immediately implement

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the Remediation Plan upon written acceptance by the NYSDOL Project Manager. If the NYSDOL Project Manager rejects the Remediation Plan, the Contractor shall revise and resubmit the plan to the NYSDOL Project Manager within five (5) business days, or in the timeframe set forth by the NYSDOL Project Manager in writing.

3. In the event that performance issues persist despite an approved Remediation Plan, the NYSDOL Project Manager may give written notice of the continuing performance issues and either request a new Remediation Plan within a specified time limit or direct the substitution of Contractor personnel, whose performance is at issue, with a qualified substitute, and require the immediate removal of the Contractor personnel at issue.

4. Replacement or substitution of Contractor personnel under this section shall be in addition to, and not in lieu of, NYSDOL’s remedies under the Contract or which otherwise may be available at law or in equity.

5. If NYSDOL directs substitution under Section 2.2.1(6), if at all possible, at least fifteen (15) business days’ advance notice shall be given to the Contractor. However, if the NYSDOL Project Manager deems it necessary and in NYSDOL’s best interests to remove the Contractor personnel with less than fifteen (15) business days’ notice, the NYSDOL Project Manager may direct the removal in a timeframe of less than fifteen (15) business days, including immediate removal.

6. If Contractor becomes aware that any Contractor personnel provided under this contract poses an unacceptable risk to the State, or has been arrested for a felony or misdemeanor offense that may disqualify such Contractor personnel from operating, or having access to NYSDOL systems and data, Contractor shall immediately notify the NYSDOL Project Manager. Should NYSDOL decide that the Contractor personnel must be replaced, Contractor shall immediately remove the staff member and propose a qualified replacement.

7. Substitution/Replacement Penalties A. Substitution/Replacement after less than six (6) months of performance

Contractor acknowledges that the failure to provide continuous performance of initially assigned Contract personnel for the duration of the engagement constitutes a breach of Contract, and that as a liquidated damage NYSDOL has the right to receive up to eight (8) working weeks (320 hours) at the Contractor personnel’s hourly rate, as proposed in Attachment F, during a transition/ramp-up period. This liquidated damage may be waived in whole or in part at NYSDOL’s sole discretion.

B. Substitution/Replacement after six (6) months of performance Contractor acknowledges that the failure to provide continuous performance of initially assigned Contract personnel for the duration of the engagement constitutes a breach of Contract, and that as a liquidated damage NYSDOL has the right to receive two (2) working days of work for each week worked by the Contractor personnel being replaced, to a maximum of twenty (20) working weeks, at the Contractor personnel’s hourly rate, as proposed in Attachment F, during a transition/ramp-up period. This liquidated damage may be waived in whole or in part at NYSDOL’s sole discretion.

8. Training Requirements A. State Mandated Training

Contractor staff that provides services under the Contract must complete annual State mandated training courses. All mandated courses are available online from the Statewide Learning

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Management System (SLMS) using a web browser interface. The courses that are currently required will take approximately eight (8) hours, in total, to complete and include: 1. Right to Know; 2. Privacy and Security of Health Information; 3. Internal Controls; 4. Cyber Security Information and Security Awareness (separate or combined training will

include content regarding compliance with the requirements of the Criminal Justice Information Services / CJIS);

5. Equal Employment Opportunity: Rights and Responsibilities; 6. Sexual Harassment in the Workplace; 7. Prevention of Violence in the Workplace; 8. Language Access; 9. Code of Conduct; 10. Unemployment Insurance Confidentiality Training Modules I, II, and potentially III; and 11. IRS Confidentiality Awareness Training and signed Acknowledgment form.

The staff hours needed for the training is the Contractor’s responsibility. The content and quantity of mandated training courses may change over the course of this Contract and will be communicated by NYSDOL to the Contractor.

B. Additional Training

The Contractor will be required to provide its staff with training needed to maintain and update proficiency with new technologies and applications throughout the Contract term at the Contractor’s expense.

2.3 Case Study The Bidder must provide a case study narrative for a website redesign, content audit, full migration, and Drupal 7 or higher implementation project that was successfully completed within the last three (3) years. The case study may be from one of the required references. A. The case study should demonstrate the Bidder’s experience working with a public organization such

as a government, university, or other client having a website of a complexity similar to that of NYSDOL.

B. The Bidder should provide contact information for the case study including client names, contact information (phone number and email), and URL for the site.

C. The case study should describe:

• The original scope and goals of the project;

• The methodologies the Bidder used to accomplish the project;

• How the Bidder used its expertise and innovative thinking to accomplish the project goals; and

• How the case study demonstrates the Bidder’s ability to perform its obligations for this project.

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Section 3: Project Scope and Requirements This section details NYSDOL requirements and deliverables that the Contractor must perform for the website redesign project. The Bidder shall provide a detailed description of how it will work with NYSDOL to produce these deliverables in its Technical Proposal Requirements (See Section 7.3 of this RFP) and Project Management Plan (See Section 2.1 of this RFP).

3.1 Business Objectives and Goals The objective of this solicitation is to procure the services of a Contractor to develop a dynamic and accessible website that contains engaging content and provides a positive and successful user experience, thereby increasing customer and industry use of NYSDOL’s website. In addition to the purpose of this RFP described in Section 1.2, NYSDOL’s overarching goals for the website redesign and launch are to:

• Improve the site’s appearance and usability;

• Reduce the number of pages where appropriate;

• Significantly decrease page load time and increase overall mobile responsiveness so that the site tests well on Google’s Test My Mobile Site;

• Ensure that the new site will be completely mobile responsive;

• Improve user experience and satisfaction;

• Apply New York State branding, site-wide;

• Streamline the site so that design, IA, and graphical improvements can be made easily and swiftly in the future;

• Improve navigation to speed access to pertinent information, transactions and services;

• Improve site search results and allow search engines to better find and index content;

• Increase the percentage of transactions completed online compared to other channels like phone calls;

• Allow administrators to create hierarchical permission tiers that control the permission levels of Drupal users to add, edit, and delete pages which includes the site’s home page, restructure the IA, edit social media icons and associated links, etc.

• Ensure a centralized review process, which includes email alerts when proposed changes are requested by Drupal users;

• Allow for the simple (drag and drop) creation of forms without the need for coding that includes the ability to specify the destination email address(s) and stores all form submissions which are available for review and export;

• Allow for customer feedback on every page; and

• Allow for the site’s continued access to Google Analytics to capture data and identify weaknesses or strengths in content, visitor navigation and usage, traffic acquisition, etc. This includes adding the most current version of Google Analytics code and/or Google Tag Manager and Google Webmaster account as needed which will be linked to NYSDOL’s existing Google accounts.

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3.2 Scope The redesign and implementation of Drupal 8 will be limited to the main public NYSDOL website. NYSDOL does not expect the Contractor to redesign the functionality of online transactions (except where the transition to Drupal 8 makes this possible by design). NYSDOL does want all transaction and login pages to be consistent with the look and feel of the whole site. In cooperation with NYSDOL, the Contractor must develop design templates for NYSDOL transaction and login areas of the site that incorporate NYS and NYSDOL branding and must assist NYSDOL staff in applying branding and templates to the website. NYSDOL will not pay a license fee for any of the Product (deliverables) under this project. Title to all Products (deliverables) will be with NYSDOL. In addition to the objectives of this RFP described in Section 1.2, all items listed in Section 3 are included in the scope of the project which includes:

• Implementation of an A/B testing module;

• Allowing for the simple (drag and drop) creation of forms without the need for coding that includes the ability to specify the destination email address(s) and stores all form submissions which are available for review and export;

• Creating an XML sitemap generator;

• Functionality that allows the ability to create WYSIWYG calendars;

• Functionality that allows for the creation of an interactive map that can show specific event or office locations;

• Creating a WYSIWYG, server-side page shortcut generator that is Google Webmaster compliant;

• Employing of bread crumb trail functionality on each page that is created and updated automatically when pages are created or moved; and

• Creating SEO functionality that is compliant with current webmaster protocols that includes, but is not limited to: o Dynamic tag and meta data universal includes; o Ability to properly populate individual page tag and meta data fields; and o Ability to set up file name conventions, dynamic include of filename from <H(x)>, etc.

Please Note: The NYSDOL Project Manager will work with the Contractor to develop the needs of this SEO component.

The following are out of scope for this project:

• Redesign of the functionality of NYSDOL online transactions;

• Implementation of Drupal 8 for NYSDOL online transactions;

• Development of new online transactions;

• Development of mobile applications; and

• Hosting.

3.3 State and Federal Standards & Requirements By submission of the Bidder’s Proposal, the Bidder is agreeing that the website, when finished, will meet the requirements of the standards listed below:

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• Advertisements, Endorsements and Sponsorships on State Entity Websites NYS-P10-001;

• NYS-P08-003 - Domain Names for State Government Agencies Standards;

• NYS Web Browser Support Standards as outlined in NYS-S15-004;

• NYS CIO Office for Technology (CIO-OFT) IT Policy No. NYS-P08-005 – Accessibility of Web-Based Information and Applications;

• Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. 794d);

• Web Content Accessibility Guidelines developed by the World Wide Web Consortium (W3C);

• NYS-S05-001 New York State Universal Web Navigation;

• NYS-S14-007 Encryption Standards;

• Guidelines for Internet Privacy Policies as outlined in NYS-G02-001; and

• WebNY Philosophy & Methodology (See Attachment D).

3.4 WebNY and NY.Gov Digital Team Coordination Requirements By submission of the Bidder’s Proposal, the successful Bidder is agreeing to:

• Coordinate with the NYSDOL Project Manager, the NY.Gov Digital Team and the ITS WebNY Team and be monitored by them to ensure compliance with NYS direction, policies, and project goals;

• Compile and deliver all artifacts and source code created during the project to both the NYSDOL Project Manager and the ITS WebNY Team at the end of the build phase and at the end of the term of the Contract. All materials used to arrive at the website design will also be included (e.g. Photoshop, Illustrator, wireframe source files, multimedia files, etc.); and

• Coordinate the methodology, toolset, and project plan with the NYSDOL Project Manager, the NY.Gov Digital Team, and the ITS WebNY Team at the: o beginning of the project – to ensure global/enterprise alignment; o completion of each major phase; o beginning and end of each development sprint; and o completion of the project – to provide retrospective feedback.

3.5 General Project Requirements/Deliverables The procedure for transmittal of all Deliverables shall be as follows:

• The Contractor shall provide Deliverables to NYSDOL with two (2) copies of the signed Deliverable Transmittal Form (see Exhibit #1).

• NYSDOL shall sign and date both copies upon receipt and return one (1) indicating receipt of the Deliverable(s).

• Following review of the Deliverable(s), NYSDOL will issue to the Contractor a Letter of Deliverable Acceptance (see Exhibit #2) or Letter of Deliverable Rejection (see Exhibit #3) of the Deliverable(s).

• If a Deliverable is rejected by NYSDOL, NYSDOL must identify in the Letter of Deliverable Rejection, the deficiencies or nonconformities of the Deliverable(s) and a time frame to correct such deficiencies or nonconformities.

• The Contractor shall correct the identified deficiencies or nonconformities and shall do so within the time frame specified in the Letter of Deliverable Rejection.

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• The Contractor may continue to work on other tasks while Deliverable(s) deficiencies or nonconformities are rectified, unless the NYSDOL Project Manager notifies the Contractor, in writing, that a particular deficient or nonconforming task within a Deliverable must be fixed prior to proceeding with the other tasks.

• Once the Contractor has resolved the issues to the satisfaction of NYSDOL, the Contractor shall resubmit the Deliverable to NYSDOL and the ITS WebNY Team with two (2) copies of the signed Deliverable Transmittal Form.

Please note: Prior to submitting a final written Deliverable for Acceptance by NYSDOL, the Contractor will be required to submit a draft. The Contractor shall submit one (1) hard copy and one (1) electronic copy. NYSDOL will review draft documents and return comments for revision of the draft to the Contractor. The NYSDOL Project Manager will send a memo to the Contractor, indicating any required changes. The Contractor will incorporate changes. Draft written Deliverables shall demonstrate due diligence in meeting the scope and requirements of the associated final written Deliverable. All Deliverables shall:

• Satisfy the scope and requirements for that Deliverable; and

• Be presented in a format appropriate for the subject matter and depth of discussion.

3.5.1 Analysis and Research The Contractor must:

• Conduct customer research through industry standard quantitative and qualitative methods;

• Interview project stakeholders to gain an understanding of business and customer needs;

• Conduct research into design patterns and industry best practice sites with similar interactions to serve as reference during the design phase;

• Use JIRA or another project management application to develop user stories and develop personas for common users that can give human-centric grounding to all design and development decisions;

• Conduct a content audit that will be presented to the NYSDOL Project Manager and will be used to assist in the design of the site's new IA and content plan;

• Create journey/experience maps/storyboards/wireframes as necessary; and

• Present and submit a well-formatted, discovery report presentation containing an overview and project recommendations that are grounded in the Analysis and Research phase when this phase is completed to the NYSDOL Project Manager, the ITS WebNY Team, and the NY.Gov Digital Team.

3.5.2 Architecture, Design & Branding Information Architecture (IA) The Contractor must develop, in conjunction with the NYSDOL Project Manager, an intuitive, all-inclusive, easy-to-use, and editable IA that will serve as the foundation for the new NYSDOL website. Contractor must provide the following:

• Redesigned IA;

• Site map;

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• Navigational schema that provides an improved navigational structure; and

• Wireframes, prototypes or other mock-ups required to plan and track the process, and obtain NYSDOL’s approval for the redesigned home page, major landing pages and any other pages deemed necessary for this project.

Design and Branding The Contractor must provide a look and feel for NYSDOL’s website and pages that combines style and function appropriate to meet NYSDOL objectives specified herein and users’ needs, including a visual design that:

• Provides an updated, clean, and professional look and feel as determined by NYSDOL, which entices customers to use the website and the information, transactions, and services provided therein;

• Follows NYS Branding and Style Guidelines for fonts, palettes, photos, and graphics to bolster both functionality and aesthetic considerations;

• Incorporates the NYS DigitalNY global header and footer;

• Allows for utilization and implementation of Cascading Style Sheets (CSS), as well as compatibility with Java scripting;

• Incorporates appropriate social media icons and feeds, as determined by NYSDOL, such as Facebook, Twitter, and YouTube (with icons and associated links that can be added, edited and deleted as needed); and

• Integrates NYSDOL’s existing web transaction and login pages with the content published through Drupal 8, including applying standard page layout and templates for those pages.

Following research and analysis, the Contractor will:

• Design visual mockups in a modular/template/extensible manner so that visual templates and sections can be applied to cover all wireframe (or non-wireframed) instances;

• Design visual mock-ups for, at minimum, homepage and three (3) down-level pages for three (3) top audience groups; and

• Batch visual designs for reviewers.

All templates that are designed by the Contractor must be approved by the NYSDOL Project Manager, and the NY.Gov Digital Team. Customer Support Contractor must streamline and improve the various methods currently used to provide customer support including search and FAQs. The Contractor must provide:

• A customer support strategy that may or may not include the current tools; and

• Integration of customer support tools as approved for implementation by NYSDOL.

3.5.3 Development Development Environment The Contractor must develop the new site based on NYS Drupal 8 Distribution in a development environment provided by NYS WebNY Platform Service group in the Acquia Cloud or similar hosting environment designated by NYSDOL.

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Development The Contractor will:

• Build the site using the Joint WebNY Development process;

• Prioritize the use of the NYS Drupal 8 Distribution and existing components in the NYS Drupal 8 Distribution to meet design and functionality needs for the website wherever possible;

• Complete regular sprint planning with NYSDOL and the WebNY team;

• Complete solution planning with NYSDOL and WebNY to ensure new development meets WebNY requirements;

• Provide a demo of functionality and complete WebNY user acceptance testing at the end of each development sprint; and

• Revisit discovery and design as necessary to solve challenges encountered during development. Themes and Modules The Contractor must provide:

• A Drupal 8 theme using the NYS Distribution based solution for implementation of visual design to ensure consistency throughout the new website that will also be able to contain NYSDOL’s current sub-sites which will retain their own templates;

• Drupal 8 modules selected for implementation of required functionality in the new website, approved by the NYS WebNY Platform Service group;

• Requirements that specify the hardware and software necessary for the Drupal 8 implementation and for continued hosting by NYSDOL’s designated Hosting Service Provider; and

• Support and consultation as necessary during development. Responsive Design and Mobile Compatibility The Contractor must develop the website to permit the delivery of priority content to all standard mobile displays and devices including, but not limited to, tablets and smart phones.

The Contractor must provide:

• Recommendations on strategy for developing and delivering priority content to tablets and smart phones; and

• Highly performing mobile interface(s) with low page load times that tests well on Google’s Test My Mobile Site.

Browser Compatibility The Contractor must format the site to meet any and all current browser and software operating system requirements on the most common hardware platforms. Additionally, the Contractor must ensure that foreign alphabet symbols and characters appear properly on any and all current browsers when viewed on NYSDOL's site. Analytics Platform The Contractor must work with NYSDOL to implement a web analytics platform that has access to and provides data back to NYSDOL reflecting the activities occurring on the newly established site and permits NYSDOL to continually measure key performance indicators for the purpose of continually improving the site and overall user experience. The new site pages, coding, data, and metadata need to be optimized during development to provide data once the site is launched. Google Drupal module and Google Tag Manager must be properly installed and configured for the new site.

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The Contractor must provide:

• Optimization of current web metrics tools, and implementation of other tools as agreed to by NYSDOL;

• Consultation with the ITS WebNY Team to ensure appropriate coding is implemented and to track results; and

• Dashboards and reports that will be used to inform the ITS WebNY Team, NYSDOL executives, managers and staff about website performance on an ongoing basis.

3.5.4 Migration Content Migration Plan The Contractor must:

• Develop and provide a Content Migration Plan. Plan must describe in detail, how existing site content (including, but not limited to, page copy, page shortcuts, documents, and media files) will be audited, inventoried, and migrated to the new website.

• Provide a Content Migration Spreadsheet or other type of file or media for use in mapping and transitioning content to the appropriate areas of the new website;

• Immediately begin to harvest (scrape) all site content so it is secure and available to use;

• Create and work with ITS, WebNY and the NYSDOL Project Manager to develop a proper HTTP status code system including 301’s, 404’s, etc., where needed to redirect users and bots to the new locations of pages;

• Supply guidance to NYSDOL on content governance, structure, policies, and procedures to be developed by NYSDOL in conjunction with the Contractor;

• Develop any migration scripts needed to execute the Content Migration Plan and include a plan for any content that cannot be migrated with scripts that may need to be manually migrated by the Contractor; and

• Provide an implementation plan to place into the site any images, video files or any other types of files that were created during the design phase. This includes but is not limited to specifying how new materials/files will be made available to NYSDOL for review in their proposed locations as development progresses.

3.5.5 Testing and Quality Assurance The Contractor must conduct extensive testing prior to deployment of the new website to ensure that the website is completely operational with no defects. The Contractor must conduct usability studies throughout the project to ensure that the new website meets the needs of NYSDOL and its customers to NYSDOL’s satisfaction and for accessibility, Drupal coding best practices and vulnerability testing. The Contractor must provide: A. A Quality Assurance Test Plan that includes test scripts;

• Creation of the test plan should begin with development. It should describe the testing cycles and the duration of each cycle. The cycles should conform to best practice but ideally would be performed throughout development as requirements are fulfilled and repeated at the end of development.

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• All requirements and deliverables described herein should be represented by one or more test cases within the test plan.

• Each test case should have clear pass or fail conditions to determine if each requirement is present and functioning correctly.

• The initial test plan and all subsequent versions must be reviewed and approved by NYSDOL.

• Results of quality assurance testing that include defect logs.

B. A Usability Test Plan;

• Results of usability studies, ranked by severity and degree of importance;

• An Action Plan for addressing any usability issues; and

• Resolution of usability issues as prioritized with NYSDOL. The Contractor will provide a new website, that is free of all “bugs,” for user acceptance testing by NYSDOL using a sub-domain (www2) on NYSDOL’s production web server. The Contractor must provide Functionality and Design acceptance testing steps to the WebNY Quality Assurance Team and the NYSDOL Project Manager. The WebNY Quality Assurance Team will test and accept each code sprint. It will also be testing and ensuring that each code sprint is compliant for:

• Web Content Accessibility Guidelines (WCAG) 2.0, AA standards;

• Coding best practices using Drupal coding standards;

• Cross browser and mobile device testing; and

• Functionality and styling. A site evaluation will be completed by a third party of NYS WebNY Platform Service group selection. A site evaluation is an in-depth review of all aspects of a site. Sites are evaluated for adherence to core, quality of any custom code, how changes are tracked, how the site is configured, and its configurations managed. In this document, each aspect is evaluated and graded. Where faults are found, examples are given and references to the best practices surrounding them are supplied. Methodology The primary categories of this site evaluation and what was examined in depth include:

• Site architecture walkthrough and analysis: Overview of site architecture including content types, custom and contributed modules and themes.

• Static performance and scalability assessment: Given the goals for expansion, how will the current theme and module architecture hold up? What are the alternatives?

• Dynamic performance analysis: Evaluate the options for improvement site load time for clients, front-end and back.

• High-level security analysis: An extremely detailed security review is beyond the scope of a site audit, however, this audit reviewed backend entry points and spot checked uses of the Drupal API.

• Configuration Management: How are site level configurations managed? Is the Features module being used/leveraged properly?

• Contributed module review: Are the modules organized correctly? What modules are being used? Are they up to date? Are there modifications and patches?

• Custom module and theme walkthrough: Has the code been developed using Drupal's coding standards? Does the code supply site-specific business logic, or does it reproduce functionality provided by contributed modules?

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All issues must be resolved by the Contractor and accepted by NYSDOL and WebNY.

3.5.6 Knowledge Transfer and Training The Contractor must provide the level of knowledge transfer necessary for NYSDOL developers to manage and maintain the new website, and the knowledge necessary for NYSDOL to train and manage all levels of their Drupal users. The Contractor must present and provide to the NYSDOL Project Manager a Drupal Training Plan that includes:

• Training materials for NYSDOL Drupal administrators and users; and

• Training materials for NYSDOL staff that includes the creation and implementation of content governance compliant page copy.

The Contractor must present and provide to the NYSDOL Project Manager and the ITS WebNY Team:

• An operating procedures manual that documents and specifies day-to-day user functions of the website that is presented and delivered in both PDF and editable document formats; and

• A technical runbook that documents all IT and server/hosting related needs, functions and maintenance procedures, that includes Drupal documentation.

3.5.7 Deployment The Contractor must provide a well-defined Deployment Plan that must be approved by NYSDOL. Any scripts necessary for implementing the new website must be developed or supplied by the Contractor. The Contractor must then fully deploy the new site in accordance with the approved Deployment Plan.

3.5.8 Delivery of Product and Documentation Contractor must supply complete documentation on any component or configuration the Contractor developed during this project. All materials including but not limited to artifacts, rights to artwork and photographs, and source code, created during and used within the project must be compiled and delivered to NYSDOL and ITS at the time of final acceptance of the final website. All materials used to arrive at the website design must also be included (e.g. Photoshop, Illustrator, wireframe source files, etc.). All information and materials received hereunder by the Contractor from NYSDOL are and shall remain the sole and exclusive property of NYSDOL, and the Contractor shall have no right, title, or interest in or to any such information or materials by virtue of their use or possession hereunder by the Contractor. All intellectual property created by the Contractor hereunder as a product or as a service to NYSDOL shall be the sole and exclusive property of NYSDOL. The Contractor hereby transfers and assigns to NYSDOL all proprietary and intellectual property rights in such property.

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The Contractor conveys, assigns, and transfers to NYSDOL the sole and exclusive rights, title, and interest in all documents, electronic databases, and custom programs, whether preliminary, final or otherwise, including all trademarks and copyrights. The Contractor hereby agrees to take all necessary and appropriate steps to ensure that the custom products are protected against unauthorized copying, reproduction, dissemination and marketing by or through the Contractor, its agents, employees, or Subcontractors. Nothing herein shall preclude the Contractor from otherwise using the related or underlying general knowledge, skills, ideas, concepts, techniques and experience developed under this Agreement in the course of the Contractor’s business. The Contractor grants to NYSDOL a perpetual, nonexclusive, royalty-free, unlimited use license to use, execute, reproduce, display, modify and distribute any pre-existing software, tools or techniques delivered by the Contractor under this Agreement. Any written reports, opinions, and advice rendered by the Contractor shall become the sole and exclusive property of NYSDOL, and the Contractor shall have no right, title, or interest in or to any such information or materials by virtue of their use or possession hereunder by the Contractor. (See also Section 5.4 of this RFP - “Ownership and Title to Deliverables”).

3.5.9 Support and Maintenance The Contractor must provide support and maintenance for the new website during the Contract including: A. Immediate resolution of any production defects, project omissions, and website failures; B. Ongoing phone and email support from 8:00am to 6:00pm Eastern time for NYSDOL and the ITS

WebNY Team; and C. Support and maintenance for the new website including:

• Resolving stack configuration issues such as Apache or IIS settings;

• Supporting CSS revisions, PHP script changes, theme customization, etc.;

• Upgrading to the next major releases of Drupal (example 8.X to 9.X);

• Consulting on version control for migrations across various environments, i.e., testing to Development to Production; and

• Advice on site metrics software configuration.

Each Bidder shall describe in its Written Technical Proposal any limitation of support and maintenance services.

3.5.10 Ongoing Support and Maintenance The support and maintenance period may be extended after expiration of the initial Contract term. During the renewal term(s), the same level of support and maintenance are expected as indicated in Section 3.5.9.

3.6 NYSDOL Responsibilities

• Provide a NYSDOL Project Manager, and ensure ITS is available to serve as liaison with the Contractor during the course of the project;

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• Provide the Contractor with information about the current website and other related information requested by Contractor;

• Review initial designs, and provide written notice to the Contractor upon NYSDOL approval of the final design (the website’s final design as provided by Contractor is subject to NYSDOL approval);

• Serve as the final decision maker and provide written notice to the Contractor, upon NYSDOL approval of all final products (final products provided by Contractor are subject to NYSDOL approval); and

• Upon consultation with Contractor, dedicate NYSDOL staff to the project, as deemed appropriate by, and in the sole discretion of, NYSDOL.

Section 4. Cost Requirements Cost Proposal-Fee Schedule: Bidders must submit pricing using the Cost Response Form (Attachment F) contained in this RFP. The rates proposed by the Bidder must be for the duration of the Agreement. These rates are not inclusive of travel. The Cost Response Form is to be submitted at the same time as the remainder of the Proposal but in a separate sealed package/envelope. The percentages of the total proposed project cost which will be paid to the Contractor after Acceptance by NYSDOL of each completed deliverable shall be as follows:

Deliverable #1: 3.5.1 Analysis and Research 15% Deliverable #2: 3.5.2 Architecture, Design & Branding 15% Deliverable #3: 3.5.3 Development 20% Deliverable #4: 3.5.4 Migration 10% Deliverable #5: 3.5.5 Testing and Quality Assurance 15% Deliverable #6: 3.5.6 Knowledge Transfer and Training 5% Deliverable #7: 3.5.7 Deployment 10% Deliverable #8: 3.5.8 Delivery of Product & Documentation 5% Deliverable #9: 3.5.9 Support & Maintenance 5% Deliverable #10: 3.5.10 Ongoing Support & Maintenance

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Section 5. Terms and Conditions In addition to the terms and conditions set forth in Appendix A, “Standard Clauses for New York State Contracts” and Attachment G, “Terms and Conditions,” the following Terms and Conditions apply to all Bidders responding to this RFP.

5.1 Agreement Period and Renewal The anticipated term of the Agreement shall be three (3) years commencing on the date of approval of the Agreement by the New York State Office of the Comptroller. If mutually agreed between NYSDOL and the Contractor and approved by all New York State control agencies, the Agreement may be extended under the same terms and conditions for two (2) optional one (1)-year renewals. The cost for ongoing maintenance and support for the two (2) optional one (1)-year renewals (Contract years four (4)-five (5) must remain static for those renewal periods. (Also, see Section 1.5, Contract Term).

5.2 Termination See Section 1 “Executory Clause” in Appendix A, Section 3 “Termination Options” in Attachment G (Terms and Conditions), and the following:

A. Upon Conviction of Certain Crimes: NYSDOL reserves the right to terminate the Contract in the

event it is found that a member, partner, director or officer of Contractor is convicted of one or more of the following: Bribery Involving Public Servants and Related Offenses as defined in Article 200 of the New York State Penal Law; Corrupting the Government as defined in Article 496 of the New York State Penal Law; or Defrauding the Government as defined in Section 195.20 of the New York State Penal Law.

B. Suspension of Work: NYSDOL, in its sole discretion, reserves the right to suspend any or all activities under the Contract, at any time, in the best interests of NYSDOL. In the event of such suspension, the Contractor will be given a formal written notice outlining the particulars of such suspension. Examples of the reason for such suspension include, but are not limited to, a budget freeze or reduction in State spending, declaration of emergency, Contract compliance issues or other circumstances. Upon issuance of such notice, the Contractor is not to accept any work requests, and such comply with the suspension order. Activity may resume at such as NYSDOL issues a formal written notice authorizing a resumption of performance under the Contract.

5.3 Price Adjustments Prices shall be firm for the term of the Agreement.

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5.4 Ownership and Title to Deliverables Upon completion of the redesign project, NYSDOL will assume full responsibility for website content maintenance and administration. All items and materials that compose the website including, but not limited to, content, code and graphics provided or used by the Contractor for the project will become the sole property of NYSDOL. Additionally, any licenses or subscriptions created and/or used exclusively on the behalf of NYSDOL as required by the Developer shall solely be in the name of the NYSDOL and must not be executed without prior NYSDOL approval. (See Section 3.5.8 of this RFP - “Delivery of Product and Documentation”).

5.5 Use of NYSDOL and NYS Logos The Contractor will not be permitted to use in any manner NYSDOL logos, or any official mark of NYS without prior approval by NYSDOL. NYSDOL reserves the right, in its sole discretion, to withhold approval. In the event NYSDOL so approves such use, then any use of the logos or official marks shall strictly comply with the terms and conditions set forth by NYSDOL.

5.6 Interpretation and Disputes See Section 13 “Conflicting Terms” in Appendix A as well as Sections 2.16 “Integration Merger and Order of Precedence” and 2.19 “Dispute Resolution” in Attachment G.

5.7 Security/Confidentiality Requirements See Sections 2.22 “General Confidentiality, Non-Disclosure, Information Security, Ownership, and Security” and 2.23 “Breach of Security Incidents” of Attachment G, and the following: The Contractor warrants, covenants, and represents that, in the performance of the Contract, Contractor, its agents, Subcontractors, officers, distributors, resellers, and employees will comply fully with all security procedures of NYSDOL set forth in the Contract or otherwise communicated in advance to the Contractor, including but not limited to physical, facility, documentary and cybersecurity rules, procedures, and protocols. Security During the Course of Delivering Contract Services A. The Contractor shall be solely responsible for the safety and security of all NYSDOL project sites,

facilities, and components during the term of the engagement, with the exception that Contractor is not responsible for overall building security where a NYSDOL site is under the control and management of NYSDOL or State agencies. Contractor remains responsible, however, for security of project components or equipment within such buildings (e.g., secure equipment enclosures within the space provided by such agencies). The Contractor shall be responsible for and shall correct any failure or theft of any component or portion of the project due to inadequate physical and/or information security at its cost and expense.

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B. The physical security and the information security of project data shall be provided at a level commensurate with that normally established for a similar modern system.

Access by Personnel A. The Contractor, its officers, agents, Subcontractors, and their employees and independent

Contractors, shall be required to comply with all applicable facility and information security policies and procedures of NYSDOL and the State in performing the scope of work under the Agreement. Such policies and procedures shall be communicated to the Contractor as a condition precedent to Contractor’s obligations under this paragraph.

B. Contractor warrants that each individual performing work under an Agreement is legally eligible to work in the United States and that such eligibility shall be maintained at all times during the engagement while the individual is accessing any NYSDOL facilities, information systems, or data contained therein.

C. NYSDOL reserves the right, in its sole discretion, and without liability to the Contractor’s officers, agents, Subcontractors, and their collective employees and independent Contractors, to withhold approval of and refuse to permit access to NYSDOL facilities, electronic information systems, or data contained therein to any individual proposed by or through the Contractor: 1. Who refuses to comply with security procedures outlined in Section 5.7; or 2. Where NYSDOL determines that the individual may present a risk to NYSDOL’s security

interests.

D. NYSDOL shall not be liable for payments or damages of any kind if the Contractor is delayed or unable to perform under an Agreement as a result of NYSDOL’s denial of access to any individual(s) pursuant to Section 5.7.

5.8 Patent/Copyright Indemnification INDEMNIFICATION RELATING TO INFRINGEMENT: The Contractor shall defend, indemnify and hold NYSDOL harmless from all suits, actions, proceedings, claims, losses, damages, and costs of every name and description (including reasonable attorney fees), relating to a claim of infringement of a patent, copyright, trademark, trade secret, or other proprietary right provided such claim arises solely out of the Products as supplied by the Contractor, and not out of any modification to the Products made by NYSDOL or by someone other than Contractor at the direction of NYSDOL without Contractor’s approval; provided, however, that the Contractor shall not be obligated to indemnify NYSDOL for any claim, loss or damage arising hereunder to the extent caused by the negligent act, failure to act, gross negligence or willful misconduct of NYSDOL. NYSDOL shall give Contractor: (i) prompt written notice of any action, claim or threat of suit alleging infringement, (ii) the opportunity to take over, settle or defend such action, claim or suit at Contractor’s sole expense, and (iii) assistance in the defense of any such action, claim or suit at the expense of the Contractor. Notwithstanding the foregoing, the State reserves the right to join such action, at its sole expense, if it determines there is an issue involving a significant public interest. If usage of a Product shall be enjoined for any reason or if Contractor believes that it may be enjoined, Contractor shall have the right, at its own expense and sole discretion to take action in the following

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order of precedence: (i) to procure for NYSDOL the right to continue usage; (ii) to modify the service or Product so that usage becomes non-infringing, and is of at least equal quality and performance; or (iii) replace such Product or parts thereof, as applicable, with non-infringing Product of at least equal quality and performance. If the above remedies are not available, the parties shall terminate the Agreement, in whole or in part as necessary and applicable, provided that NYSDOL is given a refund for any amounts paid for the period during which usage was not feasible. In the event that an action or proceeding at law or in equity is commenced against NYSDOL arising out of a claim that NYSDOL’s use of the Product under the Agreement infringes any patent, copyright, trademark, trade secret or proprietary right, and Contractor is of the opinion that the allegations in such action or proceeding in whole or in part are not covered by the indemnification and defense provisions set forth on the Agreement, Contractor shall immediately notify NYSDOL and the New York State Office of the Attorney General in writing and shall specify to what extent Contractor believes it is obligated to defend and indemnify. Contractor shall in such event protect the interests of NYSDOL and attempt to secure a continuance to permit the State and NYSDOL to appear and defend their interests in cooperation with Contractor, as is appropriate, including any jurisdictional defenses the State and NYSDOL may have. In the event of a dispute regarding the defense, the Contractor and the Attorney General shall try to reach amicable resolution, but the Attorney General shall have the final determination on such matters. This constitutes NYSDOL’s sole and exclusive remedy for infringement of a patent, copyright, trademark, trade secret, or other proprietary right. (Also, see Section 2.20 in Attachment G)

5.9 Period of Validity Each Bidder’s Proposal must include a statement as to the period during which the provisions (including cost) of its Proposal will remain valid. A minimum of six (6) months from the Deadline for Receipt of Proposals is required.

5.10 Minority and Women-Owned Business Enterprise/Service-Disabled Veteran-Owned Business Requirements Contractor Requirements and Procedures for Participation by New York State Certified Minority-And-Women-Owned Business Enterprises and Equal Employment Opportunities for Minority Group Members and Women New York State Law Pursuant to New York State Executive Law Article 15-A and Parts 140-145 of Title 5 of the New York Codes, Rules and Regulations, NYSDOL recognizes its obligation under the law to promote opportunities for maximum feasible participation of New York State-certified Minority and Women-owned Business Enterprises (“MWBEs”) and the employment of minority group members and women in the performance of NYSDOL Contracts.

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Business Participation Opportunities for MWBEs For purposes of this solicitation, NYSDOL hereby establishes an overall goal of 30% for MWBE participation, 15% for NYS certified minority-owned business enterprises (“MBE”) participation and 15% for NYS certified women-owned business enterprises (“WBE”) participation (based on the current availability of MBEs and WBEs). A Contractor (“Contractor”) on any contract resulting from this procurement (“Contract”) must document its good faith efforts to provide meaningful participation by MWBEs as Subcontractors or suppliers in the performance of the Contract. To that end, by submitting a response to this RFP, the Bidder agrees that NYSDOL may withhold payment pursuant to any Contract awarded as a result of this RFP pending receipt of the required MWBE documentation. The directory of MWBEs can be viewed at: https://ny.newnycontracts.com. For guidance on how NYSDOL will evaluate a Contractor’s “good faith efforts,” refer to 5 NYCRR §142.8. The Bidder understands that only sums paid to MWBEs for the performance of a commercially useful function, as that term is defined in 5 NYCRR § 140.1, may be applied towards the achievement of the applicable MWBE participation goal. The portion of a Contract with an MWBE serving as a broker that shall be deemed to represent the commercially useful function performed by the MWBE shall be 25 percent of the total value of the Contract. In accordance with 5 NYCRR §142.13, the Contractor further acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in a Contract resulting from this RFP, such finding constitutes a breach of Contract and NYSDOL may withhold payment as liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and (2) all sums actually paid to MWBEs for work performed or materials supplied under the Contract. By submitting a Bid or Proposal, a Bidder on the Contract (“Bidder”) agrees to demonstrate its good faith efforts to achieve the applicable MWBE participation goals by submitting evidence thereof through the New York State Contract System (“NYSCS”), which can be viewed at ny.newnycontracts.com, provided, however, that a Bidder may arrange to provide such evidence via a non-electronic method by contacting:

NYS Department of Labor Purchase and Contracts, MWBE Administrator State Campus Building 12, Room 454 Albany, NY 12240 518-474-2678 Fax: 518-457-0620

Please note that the NYSCS is a one-stop solution for all of your MWBE and Article 15-A Contract requirements. Additionally, a Bidder will be required to submit the following documents and information as evidence of compliance with the foregoing:

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A. Appendix MWBE-4, MWBE 100, MWBE Utilization Plan with their Bid or Proposal. Any modifications or changes to an accepted MWBE Utilization Plan after the Contract award and during the term of the Contract must be reported on a revised MWBE Utilization Plan and submitted to NYSDOL for review and approval.

NYSDOL will review the submitted MWBE Utilization Plan and advise the Bidder of acceptance or issue a notice of deficiency within 30 days of receipt. B. If a notice of deficiency is issued, the Bidder will be required to respond to the notice of deficiency

within seven (7) business days of receipt by submitting to NYSDOL, a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by NYSDOL to be inadequate, NYSDOL shall notify the Bidder and direct the Bidder to submit, within five (5) business days, a request for a partial or total waiver of MWBE participation goals. Failure to file the waiver form in a timely manner may be grounds for disqualification of the Bid or Proposal.

NYSDOL may disqualify a Bidder as being non-responsive under the following circumstances: A. If a Bidder fails to submit a MWBE Utilization Plan (Appendix MWBE-4); B. If a Bidder fails to submit a written remedy to a notice of deficiency; C. If a Bidder fails to submit a Request for Waiver - Form MWBE 101 (Appendix MWBE-5); or D. If NYSDOL determines that the Bidder has failed to document good faith efforts. The Contractor will be required to attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract Award may be made at any time during the term of the Contract to NYSDOL, but must be made no later than prior to the submission of a request for final payment on the Contract. The Contractor will be required to submit a MWBE Quarterly Compliance Report – Form EEO 101 to NYSDOL by the 10th day following each end of quarter over the term of the Contract documenting the progress made toward achievement of the MWBE goals of the Contract. Equal Employment Opportunity Requirements By submission of a Bid or Proposal in response to this solicitation, the Bidder/Contractor agrees with all of the terms and conditions of Appendix A – Standard Clauses for All New York State Contracts including Clause 12 - Equal Employment Opportunities for Minorities and Women. The Contractor is required to ensure that it and any Subcontractors awarded a subcontract for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work"), except where the Work is for the beneficial use of the Contractor, undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services unrelated to the Contract; or (ii) employment outside New York State. The Bidder will be required to submit a Minority and Women-Owned Business Enterprises and Equal Employment Opportunity Policy Statement (Appendix MWBE-1) to NYSDOL with its Bid or Proposal.

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To ensure compliance with this Section, the Bidder will be required to submit with the Bid or Proposal an Equal Employment Opportunity Staffing Plan – Form EEO 100 (Appendix MWBE-2) identifying the anticipated work force to be utilized on the Contract. If awarded a Contract, Bidder shall submit a Workforce Utilization Report and shall require each of its Subcontractors to submit a Workforce Utilization Report, in such format as shall be required by NYSDOL on a quarterly basis during the term of the Contract. Pursuant to Executive Order #162, Contractors and Subcontractors will also be required to report the gross wages paid to each of their employees for the work performed by such employees on the Contract utilizing the Workforce Utilization Report on a quarterly basis. Further, pursuant to Article 15 of the Executive Law (the “Human Rights Law”), all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor and Subcontractors will not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest. Please Note: Failure to comply with the foregoing requirements may result in a finding of non-responsiveness, non-responsibility and/or a breach of the Contract, leading to the withholding of funds, suspension, or termination of the Contract or such other actions or enforcement proceedings as allowed by the Contract. PARTICIPATION OPPORTUNITIES FOR NEW YORK STATE CERTIFIED SERVICE-DISABLED VETERAN-OWNED BUSINESSES (SDVOB) Article 17-B of the New York State Executive Law provides for more meaningful participation in public procurement by certified Service-Disabled Veteran-Owned Businesses (“SDVOB”), thereby further integrating such businesses into New York State’s economy. NYSDOL recognizes the need to promote the employment of service-disabled veterans and to ensure that certified service-disabled veteran-owned businesses have opportunities for maximum feasible participation in the performance of NYSDOL Contracts. In recognition of the service and sacrifices made by service-disabled veterans and in recognition of their economic activity in doing business in NYS, Bidders are expected to consider SDVOBs in the fulfillment of the requirements of the Contract. Such participation may be as Subcontractors or suppliers, as protégés, or in other partnering or supporting roles. I. Contract Goals A. NYSDOL hereby establishes an overall goal of 6% for SDVOB participation, based on the current

availability of qualified SDVOBs. For purposes of providing meaningful participation by SDVOBs, the Bidder/Contractor should reference the directory of New York State Certified SDVOBs found at: https://online.ogs.ny.gov/SDVOB/search. Questions regarding compliance with SDVOB participation goals should be directed to NYS Department of Labor, SDVOB Administrator, Purchase and Contracts, State Campus, Building 12, Room 454, Albany, NY 12240. Email: Labor.sm.SDVOBAdmin@labor.ny.gov; Phone: 518-474-2678; Fax: 518-457-0620. Additionally, following Contract execution, Contractor is encouraged to contact the Office of General Services’ Division of Service-Disabled Veterans’ Business Development at 518-474-2015 or

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VeteransDevelopment@ogs.ny.gov to discuss additional methods of maximizing participation by SDVOBs on the Contract.

B. Contractor must document “good faith efforts” to provide meaningful participation by SDVOBs as Subcontractors or suppliers in the performance of the Contract (see clause IV below).

II. SDVOB Utilization Plan – Form SDVOB 100 A. In accordance with 9 NYCRR § 252.2(i), Bidders are required to submit a completed SDVOB

Utilization Plan - Form SDVOB 100 with their Bid.

B. The Utilization Plan shall list the SDVOBs that the Bidder intends to use to perform the Contract, a description of the work that the Bidder intends the SDVOB to perform to meet the goals on the Contract, the estimated dollar amounts to be paid to an SDVOB, or, if not known, an estimate of the percentage of Contract work the SDVOB will perform. By signing the Utilization Plan, the Bidder acknowledges that making false representations or providing information that shows a lack of good faith as part of, or in conjunction with, the submission of a Utilization Plan is prohibited by law and may result in penalties including, but not limited to, termination of a Contract for cause, loss of eligibility to submit future Bids, and/or withholding of payments. Any modifications or changes to the agreed participation by SDVOBs after the Contract award and during the term of the Contract must be reported on a revised SDVOB Utilization Plan and submitted to NYSDOL.

C. NYSDOL will review the submitted SDVOB Utilization Plan and advise the Bidder/Contractor of NYSDOL’s acceptance or issue a notice of deficiency within 20 days of receipt.

D. If a notice of deficiency is issued, Bidder/Contractor agrees that it shall respond to the notice of deficiency, within seven business days of receipt, by submitting to NYSDOL a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by NYSDOL to be inadequate, NYSDOL shall notify the Bidder/Contractor and direct the Bidder/Contractor to submit, within five business days of notification by NYSDOL, a request for a partial or total waiver of SDVOB participation goals - Form SDVOB 200. Failure to file the waiver form in a timely manner may be grounds for disqualification of the Bid or Proposal.

E. NYSDOL may disqualify a Bidder’s Bid or Proposal as being non-responsive under the following circumstances: 1. If a Bidder fails to submit an SDVOB Utilization Plan; 2. If a Bidder fails to submit a written remedy to a notice of deficiency; 3. If a Bidder fails to submit a request for waiver; or 4. If NYSDOL determines that the Bidder has failed to document good-faith efforts.

F. If awarded a Contract, Contractor certifies that it will follow the submitted SDVOB Utilization Plan

for the performance of SDVOBs on the Contract pursuant to the prescribed SDVOB Contract goals set forth above.

G. Contractor further agrees that a failure to use SDVOBs as agreed in the Utilization Plan shall constitute a material breach of the terms of the Contract. Upon the occurrence of such a material breach, NYSDOL shall be entitled to any remedy provided herein, including but not limited to, a finding of Contractor non-responsibility.

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III. Request for Waiver – Form SDVOB 200 A. Prior to submission of a request for a partial or total waiver, Bidder/Contractor shall speak to the

SDVOB Administrator at NYSDOL for guidance.

B. In accordance with 9 NYCRR § 252.2(m), a Bidder/Contractor that is able to document good faith efforts to meet the goal requirements, as set forth in clause IV below, may submit a request for a partial or total waiver on Form SDVOB 200, accompanied by supporting documentation. A Bidder may submit the request for waiver at the same time it submits its SDVOB Utilization Plan. If a request for waiver is submitted with the SDVOB Utilization Plan and is not accepted by NYSDOL at that time, the provisions of clauses II (C), (D) & (E) will apply. If the documentation included with the Bidder’s/Contractor’s waiver request is complete, NYSDOL shall evaluate the request and issue a written notice of acceptance or denial within 20 days of receipt.

C. Contractor shall attempt to utilize, in good faith, the SDVOBs identified within its SDVOB Utilization Plan, during the performance of the Contract. Requests for a partial or total waiver of established goal requirements made subsequent to Contract award may be made at any time during the term of the Contract to NYSDOL, but must be made no later than prior to the submission of a request for final payment on the Contract.

D. If NYSDOL, upon review of the SDVOB Utilization Plan and Monthly SDVOB Compliance Report (SDVOB 101) determines that Contractor is failing or refusing to comply with the Contract goals and no waiver has been issued in regard to such non-compliance, NYSDOL may issue a notice of deficiency to the Contractor. The Contractor must respond to the notice of deficiency within seven business days of receipt. Such response may include a request for partial or total waiver of SDVOB Contract goals.

E. Waiver requests should be sent to New York State Department of Labor, Purchase and Contracts, SDVOB Administrator, State Campus, Building 12, Room 454, Albany, NY 12240.

IV. Required Good Faith Efforts In accordance with 9 NYCRR § 252.2(n), Contractors must document their good faith efforts toward utilizing SDVOBs on the Contract. Evidence of required good faith efforts shall include, but not be limited to, the following: A. Copies of solicitations to SDVOBs and any responses thereto. B. Explanation of the specific reasons each SDVOB that responded to Bidders/Contractors’

solicitation was not selected. C. Dates of any pre-bid, pre-award or other meetings attended by Contractor, if any, scheduled by

NYSDOL with certified SDVOBs whom NYSDOL determined were capable of fulfilling the SDVOB goals set in the Contract.

D. Information describing the specific steps undertaken to reasonably structure the Contract scope of work for the purpose of Subcontracting with, or obtaining supplies from, certified SDVOBs.

E. Other information deemed relevant to the waiver request. V. Monthly SDVOB Contractor Compliance Report – Form SDVOB 101 In accordance with 9 NYCRR § 252.2(q), Contractor is required to report Monthly SDVOB Contractor Compliance Report – SDVOB 101 to NYSDOL during the term of the Contract for the preceding month’s activity, documenting progress made towards achieving the Contract SDVOB goals. This information

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must be submitted using form SDVOB 101 available on NYSDOL’s website and should be completed by the Contractor and submitted to NYSDOL, by the 10th day of each month during the term of the Contract, for the preceding month’s activity to: New York State Department of Labor, SDVOB Administrator, Purchase and Contracts, State Campus, Building 12, Room 454, Albany, NY 12240. Email: Labor.sm.SDVOBAdmin@labor.ny.gov; Phone: 518-474-2678; Fax: 518-457-0620. VI. Breach of Contract and Damages In accordance with 9 NYCRR § 252.2(s), any Contractor found to have willfully and intentionally failed to comply with the SDVOB participation goals set forth in the Contract, shall be found to have breached the Contract and Contractor shall pay damages as set forth therein.

5.11 Liquidated Damages If the Contractor fails to complete services in accordance with specifications, or within the times specified herein, it is understood, and the Bidder and subsequent Contractor hereby agrees, that the amount of one percent (1%) of the Contracted value per day up to the value of Contracted equipment and services shall be deducted from the monies due the Contractor for each intervening calendar day, not as a penalty, but as liquidated damages. However, the Contractor shall not be liable if failure to perform arises out of causes beyond its control and without the fault or negligence of the Contractor (Acts of God, the public enemy, fires, floods, freight embargoes, regulated telephone company delays, etc.).

5.12 Conformance to RFP Proposals must conform to the terms set forth in the RFP, as extraneous terms or material deviations (including additional, inconsistent, conflicting or alternative terms) may render the Proposal nonresponsive and may result in rejection of the Proposal. However, acceptance by NYSDOL of a proposal that contains extraneous terms, assumptions and/or exceptions shall not be deemed acceptance by NYSDOL of the extraneous terms, assumptions and/or exceptions. Extraneous terms, assumptions and/or exceptions that are determined to not be material deviations will be negotiated during the contract development. To the extent a potential Bidder has any potential extraneous terms, assumptions, and/or exceptions, that could be deemed material deviations, the Bidder should submit questions in accordance with Section 6.2 of this RFP. Extraneous term(s) submitted on standard, pre-printed forms (including but not limited to: product literature, order forms, license Agreements, Contracts or other documents) that are attached or referenced with submissions shall not be considered part of the Proposal or resulting Contract, but shall be deemed included for informational or promotional purposes only. No extraneous term(s), whether or not deemed “material,” shall be incorporated into a Contract unless submitted in accordance with the above and NYSDOL expressly accepts each such term(s) in writing. Acceptance and/or processing of the Proposal shall not constitute such written acceptance of Extraneous Term(s).

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5.13 Serve as Witness In the rare occurrence this is needed, the Contractor and Contractor employees, agents, or Subcontractor employees and agents must be able to appear and testify as a witness on behalf of NYSDOL in relation to work performed under this Agreement.

Section 6. Administrative 6.1 Amendments, Announcements & Clarifications It is the responsibility of the Bidder to check the website for any amendments, announcements, and clarifications. All applicable amendment information must be incorporated into the Bid. Failure to include this information in the Bid may result in the Bid being deemed non-responsive. All amendments, announcements, and clarifications related to this RFP will be issued on NYSDOL’s Contract, Bid, & Grant Opportunities webpage: https://labor.ny.gov/agencyinfo/contracts/contract-bid-grant-opportunities.shtm.

6.2 Response to Bidder Questions and Requests for Clarification All questions/inquiries and/or clarifications concerning this solicitation shall be addressed to NYSDOL designated contact whose name appears under the “Designated Contact” appearing on Page 2 of this RFP. All questions should be submitted in writing, citing the particular RFP Section and paragraph number. Bidders should note that all clarifications are to be resolved prior to the submission of a Proposal. Questions/inquiries and/or requests for clarification are only accepted via e-mail, and should be submitted to the following e-mail address with the subject line of “RFP #X-07 Questions/Inquiry”: labor.sm.DOLPurchase.Contracts@labor.ny.gov. All questions shall be submitted on Attachment H. Answers to all questions of a substantive nature will be given to all prospective Bidders in the form of a formal addendum, which will be annexed to and become part of the resultant Agreement. See Page 5 for deadline to submit questions. Responses to Bidder questions and requests for clarifications will be posted on NYSDOL’s Contract, Bid, & Grant Opportunities webpage: https://labor.ny.gov/agencyinfo/contracts/contract-bid-grant-opportunities.shtm

6.3 Pre-Bid Conference No Pre-Bid Conference.

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6.4 Submission of Proposals See “Submission of Proposal” starting on Page 6 of this RFP. Proposals are due in their entirety at the time and date specified on Page 6 hereof. Proposals received in whole or in part after this deadline shall be considered non-responsive and will not be subject to evaluation. All Proposals and accompanying documentation will become the property of NYSDOL and will not be returned. The content of each Bidder’s Proposal will be held in strict confidence during the Bid evaluation process, and no details of any Proposal will be discussed outside the evaluation process. The successful Bidder’s Proposal and a copy of the specification will be made part of the Agreement. Therefore, an official authorized to commit the company to an Agreement must sign the Proposal.

6.5 NYSDOL’s Rights to Proposals By submitting a Proposal, the Bidder covenants not to make any claim for, or have any right to, damages because of any misinterpretation or misunderstanding of the specification, or because of any misinformation or lack of information. NYSDOL has the following prerogatives with regard to Proposals submitted:

• To change any of the scheduled dates upon appropriate notification to all prospective Bidders;

• To accept or reject any or all Proposals, or separable portions of Proposals;

• Prior to the Bid opening, amend the RFP specifications to correct errors or oversights, or to supply additional information, as it becomes available; and to direct Bidders to submit Proposal modifications addressing subsequent amendments;

• To disqualify a Bidder from receiving an award if the Bidder, or anyone in the Bidder’s employ, has previously failed to perform satisfactorily in connection with public bidding or Contracts;

• To disqualify any Bidder whose conduct and/or Proposal fails to conform to the requirements of the RFP;

• To obtain additional information relevant to making its determination from the unsuccessful Bidder, the successful Bidder, or any other source NYSDOL deems appropriate;

• NYSDOL may, in its sole discretion, waive any deadline or requirements set forth in these procedures, or consider any materials submitted in writing, beyond the time period set forth herein;

• To correct any arithmetic errors in any or all Proposals;

• To waive or modify minor technicalities, irregularities and omissions in proposals, after notification to the Bidder;

• To accept or reject illegible, incomplete, or vague Proposals;

• To seek clarifications of Proposals;

• To adopt any part or all of a successful Bidder’s Proposal;

• To utilize any and all ideas submitted in the Proposals unless those ideas are protected by legal patent or property right;

• To consider conditional or revocable Proposals which clearly communicates the terms or limitations of acceptance; and Agreement award may be made in compliance with the Bidder’s conditional or revocable terms in the Proposal;

• To postpone, cancel, or not issue an award from this solicitation;

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• To have any service completed via separate competitive Proposal or other means, as determined to be in the best interest of NYS;

• To have the flexibility to consider Proposals with minor deviations or technicalities and to waive minor deviations or technicalities that may be consistent with the intent and scope of the solicitation. This flexibility may permit a reasonable outcome in cases where the results of a fair, competitive process are clear but the award of a Contract is threatened due to a minor technicality or a minor deviation;

• To negotiate with the selected Bidder(s) prior to Agreement award; and

• To begin negotiations with another Bidder should NYSDOL be unsuccessful in negotiating an Agreement with the selected Bidder(s) within 45 calendar days.

Section 7. Proposal Format and Content 7.1 Overview This section identifies the information that all Bidders must include in their Proposals to NYSDOL. A uniform Proposal format is required so that NYSDOL can fairly evaluate all Proposals. For each item listed below, please respond in order and provide the material required. Brochures, reproduced, copied, or printouts of marketing literature may not be substituted for the Proposal narratives and responses specified. Cross-references in the main Proposal to any appendices are required. NYSDOL will not review appendices or supplemental material for which a purpose is not clearly indicated. For the purposes of evaluation, each Proposal must be submitted in three (3) parts. Part I consists of the Technical Proposal, Part II consists of the Cost Proposal, and Part III consists of all Legal/Regulatory/Administrative Documents as outlined in Attachment B, Proposal Checklist. Each part must be complete in order for the evaluation of all parts can be accomplished independently and concurrently, and that the Technical Proposal can be evaluated strictly on the basis of its merits. Cost information is not to be included in Part I. All parts must be sealed separately but delivered in the same mailer. The rules established for Proposal content and format will be enforced. Variations from the rules prescribed herein may subject the respondent to outright disqualification. It is in the best interest of the Bidder to become familiar with the constraints imposed on its Proposal, so that the evaluation process can proceed in a timely manner.

7.2 General Requirements and Appearance

A. Cover Letter: Submit a cover letter on your letterhead, signed by an officer or director of your organization, certifying (1) the accuracy of all information in your Proposal, (2) compliance with requested contents, and (3) how long your Proposal will remain valid, which must be a minimum of six (6) months from the deadline for the receipt of Proposals.

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B. Executive Summary: Submit an executive summary of your Proposal covering its distinguishing features and benefits. Do not exceed three (3) pages.

C. Equal Opportunity and Nondiscrimination: An assurance that the firm is an equal opportunity

employer and will comply with all relevant Federal and State Equal Opportunity and Nondiscrimination Laws, Regulations and Executive Orders must be included.

7.3 Technical Proposal Requirements (Part I) Each Bidder must submit a comprehensive Technical Proposal that provides sufficient detail to permit the Bid Evaluation Team to assess the Bidder’s degree of understanding of the requirements and deliverables. Technical Proposal shall be submitted as five (5) hard copies (printed and bound in three-ring presentation binders), one (1) of which must contain original signatures. The Bidder must also submit five (5) corresponding searchable electronic media copies on USB 2 or 3 compliant flash drives labelled “Vendor Name - Website RFP #X-07 - Technical”, saved as Microsoft Word, Excel, and/or Adobe Acrobat format files. NYSDOL reserves the right to reject Bids where key personnel are not identified or not adequately dedicated to the project. Proposals that do not address all of the mandatory requirements and deliverables of this RFP will be disqualified as “non-responsive.” Strategy and Proposed Methodology: The Technical Proposal must include a comprehensive description of the strategy and proposed methodology for meeting the mandatory project requirements in each of the areas outlined in Section 3.

A. The Technical Proposal must follow the sequence of Section 3 and include a restatement of each

NYSDOL requirement (including NYSDOL requirement number provided in the RFP) followed by the Bidder’s response.

B. Include information about the Bidder’s experience regarding the specific services required. Experience to be considered includes but is not limited to: (a) familiarity with applicable laws and regulations; (b) experience in the web design and content management system development field.

C. A description of the types of services that can be provided as appropriate to the scope of this RFP, including a suggested work plan/methodology that would be used to achieve the objectives of NYSDOL.

7.4 Cost Proposal Requirements (Part II) Part II of the Proposal consists of the Cost Proposal that sets forth the costs for the requested services. Cost Proposal shall be submitted as five (5) hard copies (printed and bound in three-ring presentation binders), one (1) of which must contain original signatures. The Bidder must also submit five (5) corresponding searchable electronic media copies on USB 2 or 3 compliant flash drives labelled “Vendor Name - Website RFP #X-07 - Cost”, saved as Microsoft Word, Excel, and/or Adobe Acrobat format files. The Cost Proposal should be complete, accurate, well-documented, and completed on the Cost Response Form (Attachment F). Cost information is not to be included in the Part I Technical Proposal. All prices must be inclusive of all costs necessary or incidental for proper performance under this Agreement.

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7.5 NYS Legal/Regulatory/Administrative Documents (Part III) Part III – Legal/Regulatory/Administrative Documents shall be submitted as five (5) hard copies (printed), one (1) of which must contain original signatures. The Bidder must also submit five (5) corresponding searchable electronic media copies on USB 2 or 3 compliant flash drives labelled “Vendor Name RFP#X-07 Legal-Regulatory,” saved as Microsoft Word, Excel, and/or Adobe Acrobat format files.

Section 8. Proposal Evaluation Criteria 8.1 Overview and Method of Award NYSDOL’s Technical Evaluation Team and Cost Evaluation Team shall evaluate the Bids and select the Bidder that has the requisite experience and staffing to support the work required by NYSDOL and does not have any conflicts. The method of evaluation for the Written Technical Evaluation and the Oral Presentation will be “average scoring,” which means to take the total score of all technical evaluators and mathematically determine the average of those scores (which will be rounded up to the 2nd decimal place). It is NYSDOL’s intention to use the Proposals received for guidance purposes and it may request further clarification if deemed necessary, but only from those Bidders determined to be technically proficient regarding certain points noted in the Proposal. NYSDOL reserves the right to negotiate with the selected Bidder prior to execution of a final Agreement. The evaluation of Proposals will determine which services provide the “Total Best Value” to NYSDOL. Total Best Value is defined as the Bidder who receives the most points upon conclusion of the Written Technical Evaluation, Cost Evaluation, and Oral Presentation. Upon determination of the “Total Best Value” Proposal, NYSDOL will develop a binding Contract Agreement with the selected Bidder to provide the services. In the case of failure to execute an Agreement with the selected Bidder, NYSDOL may pursue an Agreement for the services proposed by the next best-rated Bidder. NYSDOL will administer any Agreement that is executed between the Contractor and NYSDOL.

8.2 Method of Award All Proposals received shall be subject to an evaluation by NYSDOL. NYSDOL desires to select the Bidder who will provide the “Total Best Value” taking into consideration the most beneficial combination of qualifications, services, and cost and who has met the requirements of this RFP. Only Proposals judged to be responsive to the submission requirements set forth in this RFP will be evaluated. The NYSDOL Project Manager will initially determine on a pass/fail basis whether the Proposals are responsive to the mandatory requirements and qualifications of the RFP and whether the Proposal will be further evaluated. The Bidder’s Proposal must first meet all the mandatory qualifiers before NYSDOL

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can review the Bid submission against Written Technical and Cost. Failure to meet all the mandatory qualifiers will result in the Bidder’s Proposal being disqualified and will not be evaluated. The method of selection will be based on a point system with the Written Technical portion of the rating criteria weighted at 64 points, Cost being weighted at 30 points, and the Oral Presentation weighted at 6 points. NYSDOL will select the Bidders who provide the best value taking into consideration the most beneficial combination of factors including qualifications, experience, and cost as described herein. The scores from the Written Technical and Cost portions of the Proposal will be combined and a ranking of Bidders will be developed. The next step will be the Oral Presentation. Only those Bidders whose combined Written Technical and Cost scores place them in a position to be awarded the Contract (finalists) will be invited to participate in the Oral Presentation. Bidders will be notified of the date, time, and place of the Oral Presentation. The purpose of the Oral Presentation will be for the Bidder to substantiate its ability to provide the requested services and to provide the details as to how it will accomplish the requirements of the RFP.

8.3 Technical Proposal Evaluation

Initial Screening (Pass/Fail = No points) The NYSDOL Project Manager will perform an initial screening of each Proposal received to determine whether the Proposal meets the minimum requirements of the RFP. Written Technical Evaluation = 64 points The Technical Evaluation Team will perform the Written Technical Proposal Evaluation. The Written Technical Evaluation will be based upon the following categories:

• The Project Management Plan

• Bidder Experience

• Bidder Staffing

• Testing and Quality Assurance

8.4 Cost Proposal Evaluation Cost Evaluation = 30 points

The Cost Proposal Evaluation will be based on total cost of services. If a Cost Proposal is found to be non-responsive, that Proposal may not receive a cost score and may be eliminated from consideration.

The lowest cost Bidder receives the maximum points. All other Bidders are evaluated relative to the lowest Bidder’s cost. The formula for the evaluation of other Bidder’s cost will be: (lowest cost Bidder / Bidder cost) x maximum points.

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8.5 Oral Presentations Oral Presentation = 6 points The Evaluation Team will require Finalist(s) to make an Oral Presentation to clarify or support representations made in the Written Technical Proposal. The purpose of the Oral Presentation is to provide the Evaluation Team with a greater understanding of how specific items/services will be supplied and to clarify other information included in the Proposal. NYSDOL reserves the right to reject the Proposals of Bidders who fail to provide any Oral Presentation as may be required. Only those Bidders whose combined Written Technical and Cost Scores place them in a position to be awarded the Contract (when combined with the highest possible Oral Presentation score as compared to other Bidders) will be invited to participate in the Oral Presentation. Finalist(s) will be notified of the exact location, to be held in the Albany, NY area, and date and time, which will be scheduled by NYSDOL at random. The format of the three (3) to four (4) hour Oral Presentation will be provided to Bidders in advance. Key personnel must participate in the Bidder’s Oral Presentation. It will be evaluated based on whether it substantiates the characteristics and attributes indicated in the Proposal. NYSDOL reserves the right to seek clarification of any information garnered during Oral Presentations. Clarification may be sought via phone calls, emails, or video conferencing. NYSDOL reserves the right to make an adjustment to a Bidder’s Written Technical score based upon information presented during the Oral Presentation.

8.6 Final Evaluation Adjustments may be allowed in conjunction with clarifications, discussions, and presentations, but only to the extent such revisions are consistent within the Technical Proposal requirements. Such adjustments shall be submitted in writing. The Evaluation Committee (Technical and Cost Evaluation Teams) will re-consider the initial Proposal ratings and may make any adjustments they believe to be warranted as a result of the additional information obtained. Bidder’s scores from the Written Technical, Cost Evaluation, and the Bidder’s Oral Presentation will be totaled to produce a combined score. The Proposals will be ranked based on the combined scores.

8.7 Tie Breaker In the event that Bidders receive the same final score, NYSDOL will use the following tie breaking mechanisms, in the order listed, to determine final ranking:

• The Bidder’s Cost Score

• The Bidder's Total Written Technical Score

• Determination by NYSDOL Commissioner or designee

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Section 9. Attachments, Appendices, and Exhibits

Attachments Attachment A Notice of Intent to Bid Attachment B Proposal Checklist Attachment C New York Legal and Regulatory Forms Cover Sheet Attachment C-1 New York State Federal and State Certifications Attachment C-2 New York State Department of Labor Non-Disclosure Agreement Attachment C-3 Contract Termination Provisions Pursuant to State Finance Law § 139-K Attachment C-4 Bidder’s Disclosure of Prior Non-Responsibility Attachment C-5 Bidder’s Affirmation of Understanding and Agreement Attachment C-6 ST-220-CA Contractor Certification to Covered Agency Attachment C-7 ST-220-TD Contractor Certification to NYS Dept. of Taxation and Finance Attachment C-8 Form A: State Consultant Services – Contractor’s Planned Employment Attachment C-9 Form B: State Consultant Services – Contractor’s Annual Employment Report Attachment C-10 Contract Termination Provision Pursuant to Public Officers Law §73(4) Attachment C-11 Bidders Certification of Compliance with Public Officers Law §73(4) Attachment C-12 Vendor’s Experience Certification Attachment C-13 Vendor Responsibility Form Attachment C-14 AC3237-S – NYS Office of the State Comptroller Substitute Form W-9 Attachment C-15 No Conflict of Interest Attachment D WebNY Philosophy & Methodology Attachment E Bidder Website Reference Form Attachment F Cost Response Form Attachment G Terms and Conditions Attachment H RFP #X-07 Questions

Appendices Appendix A Standard Clauses for New York State Contracts Appendix MWBE MWBE EEO Requirements and Procedures Appendix MWBE-1 MWBE EEO Policy Statement Appendix MWBE-2 EEO 100 Staffing Plan Appendix MWBE-3 EEO 101 Workforce Utilization Report Appendix MWBE-4 MWBE 100 MWBE Utilization Plan Appendix MWBE-5 MWBE 101 Application for Waiver of MWBE Participation Goal Appendix MWBE-6 MWBE 105 MWBE Quarterly Compliance Report Appendix SDVOB SDVOB Requirements and Procedures Appendix SDVOB-1 SDVOB 100 Utilization Plan Appendix SDVOB-2 SDVOB 101 Monthly Compliance Report Appendix SDVOB-3 SDVOB 200 Application for Waiver of SDVOB Participation Goal

Exhibits Exhibit #1: Deliverable Transmittal Form Exhibit #2: Letter of Deliverable Acceptance Exhibit #3: Letter of Deliverable Rejection