OCA-DGCP-076 Comprehensive Item Banking Software Solution

Solicitation No.

2136099

Type / RFx

RFP

Level

state

Published Date

June 15, 2026

Due Date

July 31, 2026

NAICS Code

541511AI guide

Jurisdiction

new york

State

new york

Agency

Unified Court System, NYS

I. BACKGROUND INFORMATION The mission of the New York State Unified Court System (“UCS”) is to deliver equal justice under the law and to achieve the just, fair and efficient resolution of matters before the courts. In support of this mission, the UCS is committed to operating with integrity and transparency, and to ensuring that all who enter or serve in our courts are treated with respect, dignity, and professionalism. We affirm our responsibility to promote a court system free from any and all forms of bias and discrimination and to promote a judiciary and workforce that reflect the rich diversity of New York State. More information about the UCS is available at https://www.nycourts.gov. The Office of Court Administration (“OCA”) Division of Human Resources provides centralized personnel support services for the UCS, including recruitment, examinations, classification and compensation, benefits administration, training, career development, workforce planning, and equal employment opportunity initiatives. As part of these responsibilities, the Division of Human Resources Exam Development Group develops and administers a variety of employment examinations and assessment instruments used to support hiring and promotional processes across the UCS statewide. To support these critical functions, UCS seeks to enhance its examination development capabilities through the implementation of a comprehensive item banking software solution. For purposes of this RFP, ‘item banking’ refers to the creation, storage, management, organization, and long-term maintenance of assessment items (e.g., test questions, prompts, scoring guides, metadata, and associated assets) within a secure, searchable repository used to develop examinations. II. PROJECT INFORMATION The OCA’s Division of Grants, Contracts and Procurement (“DGCP”) is soliciting sealed proposals via this Request for Proposals (“RFP”) on behalf of the Division of Human Resources Exam Development Group (“HR”) for the purpose of seeking a qualified vendor to provide a comprehensive item banking software solution. The desired system will provide a secure, centralized, and scalable platform for the creation, review, storage, organization, and management of employment examination content used in UCS hiring and promotional testing processes. The solution is intended to support the full lifecycle of examination development activities, including collaborative item development, workflow management, test assembly, version control, reporting, and related administrative functions. The UCS requires a commercially available, cloud-hosted solution that incorporates robust security controls and role-based access functionality to protect confidential examination materials and sensitive data. The system should offer a high degree of operational efficiency, support standardized examination development practices, enhance collaboration among authorized users, and provide flexibility to accommodate the evolving needs of the UCS. The selected vendor will be expected to provide implementation services, system configuration, user training, ongoing technical support, software maintenance, and related professional services necessary to ensure successful deployment and continued operation of the product. Key Bid Dates (Note: UCS reserves the right to modify any Key Bid Date as it may deem appropriate.) Event Date Bid Issue Date……………………………………… Monday, June 15, 2026 Question Due Date………………………………… Wednesday, July 8, 2026 at 2:00pm Eastern Proposal Submission Deadline Date……………… Friday, July 31, 2026 at 2:00pm Eastern Selection of Finalists……………………………… Upon completion of scoring Video Demonstration by Finalists……………… Seven (7) business days after finalists are notified Estimated Contract Start Date……………………. October 1, 2026 Note: Throughout this RFP, the terms bidder, proposer, vendor, and applicant are used interchangeably, as are RFP, bid and solicitation. III. AWARD A. Term of Award A single contract (“Contract”) will be awarded to the successful Bidder (“Awarded Contractor”) for an initial term of five (5) years (“Initial Term”). The Contract is expected to commence on or about October 1, 2026, and terminate on or about September 30, 2031 (“Contract Term”). The Contract is subject to the approval of the NYS Attorney General and the Office of the State Comptroller. B. Method of Award A single award will be made pursuant to this RFP. The selected awardee must: • Meet the minimum qualifications and mandatory requirements outlined in Article IV below and certified to UCS; • Be a Responsible Bidder as determined in accordance with the criteria in Article X (General Bid Requirements); and • Receive the highest average composite (technical + cost) score in excess of the minimum score as determined by the selection criteria and scoring methodology set forth herein. Proposals will be reviewed and rated by an evaluation committee made up of qualified UCS staff. Proposals will be subjected to four phases of review/scoring: Phase One. Proposals will first be reviewed for completeness and compliance with minimum qualifications and mandatory requirements. Phase Two. Those that pass Phase One will be evaluated for technical merit and receive a preliminary technical criteria score, excluding pricing, product demonstration, and references. A minimum preliminary technical criteria score of 95 points or higher, is required for bidders to be eligible for Phase Three. Phase Three. Bidders who achieve the minimum preliminary technical score in Phase Two will be invited to deliver a product demonstration and an oral presentation. Demonstrations will be scored by the evaluation committee and incorporated into the Bidder’s final technical score. The demonstration score will add to the preliminary technical criteria score from Phase Two; together with the preliminary technical criteria, the demonstration constitutes part of the final technical criteria score. Bidders who fail to achieve the minimum final technical criteria score will not advance to Phase Four. Phase Four. Cost scores will be assigned to proposals with qualifying technical scores and combined to form a composite score. UCS may then recommend an award or request best and final offers (“BAFOs”), after which final cost and technical scores will be recombined to determine the final awardee (“Finalist Bidders”). Before a final award is offered, UCS will determine whether the apparently successful Bidder is a “Responsible Bidder” as that term is hereinafter defined. Best and Final Offers (BAFOs) UCS may request BAFOs on price from the Finalist Bidders. If negotiations or subsequent offers are solicited, Finalist Bidders shall provide BAFO(s) in response. Failure to deliver a BAFO when requested shall disqualify the non-responsive Finalist Bidder from further consideration. UCS will score BAFO(s) among Finalist Bidders in accordance with the cost evaluation methodology in section 2, below (Scoring for Cost). The BAFO cost score will be combined with the final technical score of each Finalist Bidder to determine final composite scores. In the event of a tie final average composite score, the Bidder with the higher cost score will prevail. When price and other factors are found to be substantially equivalent, UCS will select the winning Bidder in its sole discretion. Proposals will be scored as follows: Technical Criteria Maximum Points Organizational Capacity and Experience 19 Technical Proficiency and Proposed Services 48 Implementation, Testing, Training, and Deployment 25 Post-Launch Stabilization, Support, and Maintenance 20 Project Timeline 10 Additional Requirements 15 Total Preliminary Technical Criteria Points Available 137 Product Demonstration 23 Total Final Technical Criteria Points Available 160 Cost 35 Total Cost Points Available 35 TOTAL COMPOSITE POINTS AVAILABLE 195 1. Scoring for Technical Criteria (Maximum of 137 points available) Each Bidder’s preliminary technical criteria score will be determined by calculating the average of the evaluators’ technical criteria scores for that proposal. For example: Bidder A’s proposal receives the following individual technical criteria scores by evaluator: Evaluator 1 gives 101 points. Evaluator 2 gives 123 points. Evaluator 3 gives 110 points. Bidder A’s preliminary technical criteria score is 111 points (the sum of (101 + 123 + 110) divided by 3, rounded). As indicated in the table above, there are seven categories of technical criteria: (1) Organizational Capacity and Experience; (2) Technical Proficiency and Proposed Services; (3) Implementation, Testing, Training, and Deployment; (4) Post-Launch Stabilization, Support, and Maintenance; (5) Project Timeline; and (6) Additional Requirements. Bidders invited to Phase Three (Product Demonstration) will be required to deliver a live product demonstration showing how their proposed system supports key functions, including item authoring, workflow configuration, test assembly, reporting, and security features. Demonstrations must present the actual system and will be scored as part of the final technical criteria Specific guidance about how those demonstrations will be scored will be provided to Bidders once they are invited to provide a demonstration. Note: A minimum final technical criteria score of 110 points (average of all evaluators) is required for an award to be made. 2. Scoring for Cost (Maximum of 35 points available) Proposals will be scored for cost based on information supplied in Bidder’s Exhibit A/ Pricing Sheet. The proposal with the lowest Total Projected Cost as shown in Exhibit A/Pricing Sheet will receive thirty-five (35) cost points in the category titled Cost. All other proposals will receive a proportionally lower score based on the following formula: Lowest cost proposal ÷ Higher cost proposal × 35 For example: Assuming the lowest Total Projected Cost proposed is $100 and the next lowest Total Projected Cost proposed is $125, the proposal with the $100 Total Projected Cost would be awarded 35 points, and the proposal with the $125 Total Projected Cost would be awarded 28 points based on the following computation: 100 ÷ 125 = 0.8 × 35 = 28 points The result of this equation will be rounded up or down to the nearest whole integer. 3. Scoring for Product Demonstration (Maximum of 23 points available) The Product Demonstration score will be added to the Bidder’s narrative Technical Criteria score from Phase Two to determine the Bidder’s final Technical Score. IV. MINIMUM QUALIFICATIONS AND MANDATORY REQUIREMENTS A. Minimum Qualifications 1. Organizational Experience: The Bidder must have at least three (3) years of demonstrated experience in providing item banking, assessment management, or similar large-scale content management systems to educational institutions, government agencies, certification/licensure bodies, or other public or private organizations that manage large-scale assessments. 2. Relevant Project Experience: The Bidder must have completed at least two (2) implementations of item banking or assessment-related software with comparable scope, including: item authoring, workflow management, metadata tagging, psychometric/statistical functionality, and test assembly. 3. Financial Stability: The Bidder must demonstrate financial stability and organizational viability through acceptable financial documentation (e.g., audited financial statements, certification of solvency, or other acceptable evidence). B. Mandatory Requirements 1. The proposed solution must support cloud-based (SaaS) and/or on-premises deployment models, scale to support large volumes of users, items, and concurrent activities without degradation in performance. 2. The proposed solution, including all hosting, storage, and transmission of UCS data, must meet Federal Risk and Authorization Management Program (FedRAMP®) Moderate or High Impact Level Security Controls Baseline and operate in a U.S. GovCloud or equivalent environment that ensures data sovereignty within the continental United States (“CONUS”). CONUS includes the 48 contiguous states and the District of Columbia. 3. Support Capacity: The Bidder must have an established technical support structure capable of providing multi-year system maintenance, user support, and regular updates. 4. The Bidder must offer an existing, production-ready item banking software solution. The development of new software or major functional components after award is not allowable. Only currently implemented and operational systems will be accepted. V. PRICING All pricing submitted pursuant to the solicitation shall be net f.o.b. destination unless otherwise expressly specified herein. Other than the pricing submitted on Exhibit A/Pricing Sheet, there shall be no other charge, cost, reimbursement, or expense of any kind payable by UCS in connection with or arising from Awarded Contractor’s performance of the services set forth herein. Awarded Contractor shall be solely responsible for all costs and expenses incurred in connection with the performance of such services. Pricing shall be submitted only on, and in the format prescribed by, Exhibit A/Pricing Sheet. Bidder must provide pricing as requested in Exhibit A/Pricing Sheet. Pricing will remain unchanged during the Initial Term. A. Payment Awarded Contractor shall send true and accurate invoices (see Exhibit B, Scope of Work). Payment shall be made quarterly in arrears and shall be made upon submission by Awarded Contractor and approval by UCS of invoices satisfactory to UCS and OSC. Payment for goods delivered/services performed under the awarded contract shall be conditioned upon the acceptance and approval of such items/services, such that it is sufficiently complete in accordance with the RFP specification, so that UCS can utilize the goods/services for its intended purpose. VI. BID RESPONSE DOCUMENTS General Requirements All documentation must be submitted on prescribed forms, without alteration. Where no form is included or specified, submissions must be single-spaced with one-inch page margins (not including attachments or financial forms) using a 12-point font. Pages should be numbered. To facilitate photocopying, do not permanently bind documents. Bidders must submit every document listed in Sections A through K, below. Failure to provide all documents in the manner required – including the number of requested copies - may result in disqualification of a bid response. Any changes, deletions, or additions (including the addition of supplemental terms and conditions) to this RFP or to any exhibits or appendices to this RFP, including Exhibit A / Pricing Sheet, may result in the rejection of the bid as nonresponsive. Required Proposal Documents A. Exhibit A (Pricing Sheet) Exhibit A/Pricing Sheet must be completed in full, fully executed, and included in bidder’s proposal. Failure to do so may disqualify bidder’s response. Information about the bidder’s pricing, including the total projected cost, shall be set forth EXCLUSIVELY in Exhibit A. Inclusion of bidder’s pricing or other cost information in any document other than Exhibit A may disqualify bidder’s proposal. 1. Section 1, Software Licensing/Subscription Fees: The Bidder shall provide all applicable licensing or subscription fees required for use of the proposed item banking software solution. Pricing must reflect a fully-loaded cost including all modules, features, user access levels, storage, hosting, and security requirements as described in the RFP. 2. Section 2, One-Time Implementation Services: The Bidder shall provide detailed, itemized pricing for all implementation services required to deliver a fully operational solution, including configuration, import of existing item data, UAT support, and deployment. 3. Section 3, Annual Support, Maintenance, and Updates: Support and maintenance pricing must cover help desk availability, Service Level Agreements (“SLAs”), bug fixes and patches, version upgrades, scheduled maintenance, feature updates/enhancements. B. Narrative Description: Organizational Capacity and Experience 1. Organizational Overview: Describe your organization’s structure, mission, and history. Explain how your core business aligns with the delivery and long-term support of item banking or assessment management software solutions. Indicate the number of years the organization has been providing item banking, assessment management, or similar large scale content management systems to educational institutions, government agencies, certification/licensure bodies or other public or private organizations that manage large-scale assessments. 2. Personnel Qualifications: Identify the key personnel who will be assigned to this project. For each role, describe relevant experience with assessment development, item bank administration, psychometrics, software implementation, security, or support. Submit resumes for all staff who will provide Project Services. For those positions currently vacant, submit detailed job descriptions. (Note: resumes and job descriptions will not be counted against the page limit for the narrative description of the applicant’s proposed staffing). 3. Financial and Organizational Stability: Provide evidence of financial stability and organizational capacity to support multi-year system implementation and maintenance. Include information on corporate longevity, annual revenue ranges, and any relevant financial certifications. Examples of evidence include but are not limited to audited financial statements, certifications of solvency, documentation of internal financial controls, documented policies and procedures, etc. 4. Security, Privacy, and Compliance Competency: Describe your organization’s approach to data security, privacy, and regulatory compliance. Include your adherence to standards such as SOC 2, ISO/IEC 27001, and WCAG. Explain your processes related to encryption, access control, incident response, auditing, data retention, backups, and system monitoring. 5. Technical and Operational Capacity: Describe your organization’s technical and operational capacity (e.g., hosting environment (on-premises, SaaS, or both), scalability, uptime performance, and infrastructure support model). 6. Relevant Experience and Expertise: Provide descriptions of three comparable implementations involving item banking, assessment development, or psychometric software delivered to government agencies, educational institutions, or certification/licensure bodies. Include project scope and outcomes. 7. Project Management and Delivery Approach: Describe your project management methodology. Explain how you will manage schedules, risks, communication, status reporting, and milestone tracking throughout implementation. C. Narrative Description: Technical Proficiency and Proposed Services * All major technical elements that might drive cost (modules, licensing, hosting, integrations, analytics, item authoring features, workflow engine, etc.) are reflected in the following sections of Exhibit A (Pricing Sheet): Section 1 (Licensing/Subscription), and Section 2 (Maintenance) 8. Comprehensive Solution Description: Provide a detailed overview of your proposed item banking software solution. Explain how it meets the functional, technical, security, and accessibility requirements defined in this RFP. 9. Item Authoring and Editing Capabilities: Describe how your system supports the creation and editing of diverse item types, including multimedia and technology-enhanced items. Explain your rich-text editor, equation support, accessibility features, metadata tagging, version control, and collaboration tools (e.g., comments, revision history). 10. Workflow Configuration and Role Management: Explain how configurable workflows are created, managed, and used across item development stages. Describe role-based access controls, permission structures, and workflow auditing capabilities. 11. Item Bank Management Tools: Describe your system’s capabilities for storing, organizing, archiving, and retrieving item content. Include search functionality, metadata filtering, version management, archiving rules, and support for bulk operations. 12. Test Assembly and Form Generation: Describe your manual and automated test assembly tools. Explain your support for test blueprinting, constraint enforcement, statistical targets, randomization, multi-form generation, and export capabilities. For example, Question and Test Interoperability (“QTI”), Extensible Markup Language (“XML”), 13. Reporting and Analytics: Describe your item-level, test-level, and program-level reporting tools. Include item analysis features, psychometric indicators, dashboards, export formats, item response theory (“IRT”) support, and integration with external analysis tools. 14. Integration and Interoperability: Explain how your solution integrates with external systems through Application Programming Interfaces (“APIs”). Describe your support for QTI and other standard formats, bulk import/export processes, and data validation mechanisms. 15. Security and Compliance Functionality: Describe the security controls built into the system, including authentication, multi-factor authentication (“MFA”), single sign-on (“SSO”), password policies, session controls, audit logs, encryption, backups, redundancy, and compliance certifications. D. Narrative Description: Implementation, Testing, Training, and Deployment *Everything in this section is reflected in the following sections of Exhibit A (Pricing Sheet): Section 2 (One-Time Implementation Services). 16. Implementation Plan: Provide a detailed description of your proposed implementation approach, including configuration, customization, workflow setup, environment provisioning, and project milestones. 17. Data Import Approach: Describe your approach for bulk import of item data using standard file formats such as Excel or CSV. Include validation processes that ensure accuracy and completeness. 18. Integration Support: Describe your approach to configuring and validating integrations with existing UCS systems or any external test delivery platforms. 19. Testing and User Acceptance Testing (“UAT”) Support: Explain your testing methodology, including system testing, UAT planning support, issue resolution, and pre-deployment validation. 20. Training and Knowledge Transfer: Describe your training approach for administrators, psychometric staff, item writers, and end users. Include training formats, documentation provided, and ongoing training resources. 21. Deployment and Transition to Operations: Describe your deployment process, go-live support, stabilization period, and transition plan for ongoing operations. E. Narrative Description: Post-Launch Stabilization, Support, and Maintenance *Everything in this section is reflected in the following sections of Exhibit A (Pricing Sheet): Section 3 (Support/Maintenance). 22. Post-Deployment Stabilization: Describe your approach to post-go-live stabilization, including response procedures, issue tracking, escalation paths, and stabilization SLAs. 23. Ongoing Technical Support: Provide a detailed description of your support model, including help desk availability, incident management processes, service levels, maintenance windows, update schedules, and release management. 24. Product Enhancements and Roadmap: Describe how system improvements, patches, new features, and security updates are delivered. Include information about your long-term product roadmap and customer feedback process. F. Narrative Description: Project Timeline 25. Proposed Project Schedule: Provide a proposed project timeline addressing all phases described in the RFP (planning, configuration, import of existing item data, integration, UAT, deployment, stabilization). Include key milestones, deliverables, roles, and estimated durations. Specifically, include details about the following phases: • Project planning, stakeholder alignment, and requirements confirmation • System setup, workflow configuration, and customization • Conduct bulk import of item data using standard file formats such as Excel or CSV, validating for accuracy and completeness • System testing, UAT, and issue resolution • Deployment to production environment and transition to operational use • Stabilization period and ongoing support G. Narrative Description: Additional Requirements 26. Acceptance Criteria Alignment: Explain how your proposed solution will meet all acceptance criteria, including UAT completion, security benchmarks, performance requirements, integration functionality, and documentation readiness. 27. Dependencies and Requirements: Identify any dependencies, or requirements for UCS resources that could impact project delivery. H. Bidder Contact Information Bidder shall designate, where specified in the Document Enclosure Checklist, a person as primary contact for all questions UCS may have regarding bidder’s bid response. I. Financial Stability Copies of the Bidder’s audit reports or certified financial statements for the last three (3) years, or a statement as to why no reports or statements are available. J. References Each bidder must submit three (3) references, other than UCS, for whom the bidder has provided similar services at any time during the past three (3) years. The bidder must supply such information using the template in Exhibit H. K. NYS Bid Forms i. Attachment I - Standard Request for Bid Clauses & Forms and Attachment IVProcurement Lobbying Law required forms In addition to such other specifications and criteria as are presented herein, the NYS Unified Court System Attachment I - Standard Request for Bid Clauses & Forms, and Attachment IV - Disclosure of Prior Non-Responsibility Determination (UCS 420) and Affirmation of Understanding and Agreement (UCS 421) pursuant to the Procurement Lobbying Act, which must be downloaded or printed from the UCS Contract & Procurement website under “Addenda” for the appropriate solicitation, are incorporated and made a part of this RFP. ii. Attachment III - Vendor Responsibility Questionnaire The NYS Unified Court System (“UCS”) is required to conduct a review of a prospective vendor to provide reasonable assurances that the vendor is responsible. The required Vendor Responsibility Questionnaire is designed to provide information to assist UCS in assessing a vendor’s responsibility prior to entering into a contract with the vendor. Vendor responsibility is determined by a review of each prospective vendor’s legal authority to do business in New York State, business integrity, financial and organizational resources, and performance history (including references). The UCS recommends that vendors file the required Vendor Responsibility Questionnaire online via the New York State VendRep System. However, vendors may choose to complete a paper questionnaire and submit it with their Proposal. Online Questionnaire: To enroll in and use the New York State VendRep System, see the VendRep System Instructions available at http://www.osc.state.ny.us/statevendors/vendrep/vendrep-system or go directly to the VendRep System online at https://onlineservices.osc.state.ny.us/Enrollment/login?1. Vendors must provide their New York State Vendor Identification Number when enrolling (see paragraph headed New York State Vendor File Registration’ for instructions on obtaining a Vendor Identification Number). For VendRep System assistance, contact the Office of the State Comptroller’s Help Desk at 866-370-4672 or 518-408-4672 or by email at ITServiceDesk@osc.state.ny.us. Bidders who file the Vendor Responsibility Questionnaire online via the OSC VendRep System are requested to checkmark the appropriate box on the Document Enclosure Checklist. Please note that online submissions must be certified and dated/updated not more than six (6) months prior to the bid opening date of this RFP. Bidders’ authorized signature of the RFP form will serve as confirmation that Bidders have knowingly filed their questionnaire online if the paper questionnaire is not included with the bidder’s submission. Paper Questionnaire: Vendors opting to complete and submit a paper questionnaire can obtain the appropriate questionnaire from the VendRep website www.osc.state.ny.us/vendrep/forms_vendor.htm or may contact the UCS or the Office of the State Comptroller’s Help Desk for a copy of the paper form. iii. New York State Vendor File Registration Prior to being awarded a contract pursuant to this RFP, the Bidder(s) must be registered in the New York State Vendor File (Vendor File) administered by the OSC. This is a central registry for all vendors who do business with New York State agencies and the registration must be initiated by a State agency. Following the initial registration, a unique New York State ten-digit vendor identification number (Vendor ID) will be assigned to vendors for usage on all future transactions with New York State. Additionally, the Vendor File enables vendors to use the Vendor Self-Service application to manage certain vendor information in one central location for all transactions related to the State of New York. If the Bidder is already registered in the Vendor File, the vendor must enter the vendor’s ten-digit Vendor ID on the first page of this RFP. If the Bidder is not currently registered in the Vendor File, upon award of a contract the Bidder must complete the OSC Substitute W-9 Form (https://www.osc.state.ny.us/sites/default/files/vendors/2017-11/vendor-form-ac3237sfe.pdf) and submit the form to UCS. The UCS will initiate the vendor registration process for the vendor. Once the process is initiated, vendor will receive an e-mail identifying their unique ten-digit Vendor ID and instructions on how to enroll in the online Vendor SelfService application. For more information on the Vendor File please visit the following website: https://esupplier.sfs.ny.gov/psc/fscm/SUPPLIER/ERP/c/NUI_FRAMEWORK.PT_LANDINGPAGE.GBL?&. iv. Electronic Payments Vendors not currently receiving electronic payments, and who wish to do so, should enroll in ePayment – New York State’s electronic payment program for vendors. To do so, vendors need to log onto the Vendor Self-Service Portal and enter their bank account information. ePayments will ensure you are receiving payments faster and in a more secure manner. If you need assistance in accessing the Vendor Self-Service Portal, please contact the SFS Helpdesk at helpdesk@sfs.ny.gov or 1-877-737-4185. v. Proof of Insurance Bidder must provide together with its Proposal all documentation required pursuant to Article XI, “Insurance Requirements.” VII. BID SUBMISSION PROCEDURES Proposals must be received by UCS by the date and time indicated as the Bid Submission Deadline Date. UCS may disqualify proposals received after the Bid Submission Deadline Date for lateness. A. Submission of Proposals by Hand Delivery or Mail Applicants must submit their proposals by hand delivery or mail. Only one (1) signed, hard copy original complete proposal is required. Proposals will not be accepted electronically or by fax. Proposals must be clearly addressed and submitted to: NYS Unified Court System Division of Grants, Contracts and Procurement 2500 Pond View, Suite 104 Castleton-on-Hudson, New York 12033 ATTN: Alina Zielinski All envelopes/cartons must also be labeled on the outside with the following information on two sides, visible to the designated contact upon receipt: “Deliver immediately to Alina Zielinski” “Sealed Application - Do not open” “RFP # OCA-DGCP-76 Comprehensive Item Banking Software Solution, Human Resources” – Due Friday, July 31, 2026 at 2:00pm Eastern” B. Submission Deadline Applications must arrive at the address above by no later than Friday, July 31, 2026, at 2:00pm Eastern. Any bid/proposal received after this deadline will be declared a late bid and may be disqualified. Notwithstanding the foregoing, a late bid may be accepted by UCS in its sole discretion if: (i) an insufficient number of timely bids/proposals meeting the requirements of this RFB are received; or (ii) the bidder has satisfactorily demonstrated to UCS that the late bid was caused solely by factors outside the control of the bidder. However, in no event shall UCS be obligated to accept a late bid, and in making such determination, UCS will consider whether accepting a late bid would materially benefit or disadvantage a particular bidder. It is recommended that Bidders allow several extra days for shipping in order to meet the deadline. C. Amendment of Proposals Bidders may only amend submitted proposals prior to the Bid Submission Deadline Date. Amended proposals must be submitted in packaging which clearly indicates “Amended Proposal for RFP # OCA-DGCP-076.” Amended proposals must be signed by an individual who is duly authorized to amend the bidder’s original proposal. Amended proposals must be submitted in the same manner as original proposals described herein. Amended proposals received by UCS after the Bid Submission Deadline Date may be rejected for lateness. D. Withdrawal of Proposal Prior to Bid Submission Deadline Date A proposal may be withdrawn at any time prior to the Bid Submission Deadline Date. If multiple proposals are submitted by the same bidder, the bidder must clearly indicate to which proposal the withdrawal applies. E. Bidder Confidential/Proprietary Information If applicable, Bidders must specifically identify those portions of the proposal deemed to contain confidential or proprietary information or trade secrets and must provide justification why such material, upon request, should not be disclosed to parties other than UCS. Bidders are advised that any material deemed confidential by bidder may still be subject to disclosure in connection with any governmental or judicial proceeding or inquiry or as may be required by applicable law, including, but not limited to, Article 6 of the New York Public Officers Law (Freedom of Information Law). Such confidential/proprietary information must be in a separate folder from the non-confidential sections of the proposal. F. No-Bids Bidders deciding not to answer this RFP are requested to send a no-bid letter to OCA, Attn: Alina Zielinski, Assistant Court Analyst, NYS Unified Court System, Division of Grants, Contracts and Procurement, 2500 Pond View, Suite 104, Castleton-on-Hudson, NY 12033. The envelope must be clearly marked in the lower left corner as follows: RFP # OCA-DGCP-076. No-bid letters may alternatively be sent by email to AZielins@nycourts.gov. Please indicate in “Subject” field: RFP # OCA-DGCP-076 – No-Bid. VIII. QUESTIONS Any and all questions applicants may have in connection with this RFP are to be directed by email only to: Alina Zielinski AZielins@nycourts.gov Please indicate in “Subject” field: RFP # OCA-DGCP-076 Comprehensive Item Banking Software Solution, Human Resources Question(s) The deadline to submit questions is July 8, 2026, at 2:00pm Eastern. No questions will be entertained after this deadline. A written Questions & Answers (Q&A) listing all questions received and their answers will be posted on the UCS website at https://www.nycourts.gov/grants-contracts procurement/current-solicitations in the Additional Documents sections for the appropriate solicitation and emailed to the applicants list promptly after this deadline. IMPORTANT: Contact by any prospective applicant, or any representative thereof, with any other personnel of the UCS in connection with this RFP may violate the Procurement Lobbying Act of 2005 (see Attachment IV), will jeopardize the respective applicant's standing and may cause rejection of its proposal. IX. PRE-BID CONFERENCE A pre-bid conference will not be held. X. GENERAL BID REQUIREMENTS The terms and conditions set forth below are binding on, and incorporated into this RFP, the Bidder’s proposal, and any contract resulting from this RFP. Access to Court Facilities Awarded Contractor must comply with all applicable location rules, policies, guidelines, and procedures in order to be granted access to court facilities. Where applicable to the performance of work under an awarded contract, Bidders shall be wholly responsible for familiarity with the physical layout and access to the courts and buildings in question, including but not limited to, roadways, overhangs, parking, security, elevators, required access permits or insurance certificates. Court staff cannot modify security measures, access protocols, or parking restrictions to facilitate Awarded Contractor’s entrance to or egress from court facilities unless required to do so by law. Background Checks / Onboarding All Contractor Staff, prior to the commencement of any services, including off-site services, shall comply with all UCS onboarding and security clearance requirements, including any necessary training, for access to UCS Data or UCS Facilities. Contractor agrees that its workers performing services under this contract or who will have access to UCS Data shall be required to undergo at least the same security clearances as those required of UCS Employees. Unless otherwise approved by UCS in its sole discretion, each prospective or current worker of Contractor designated to work on this Contract with UCS shall submit identifying information to UCS and be fingerprinted. UCS will arrange for the scheduling of fingerprinting. Such fingerprints shall be submitted to the NYS Division of Criminal Justice Services for state criminal history check and, where authorized, the Federal Bureau of Investigation (“FBI”) for national criminal history check. All expenses, including travel and lodging, associated with the onboarding and security clearance process including fingerprinting of Contractor staff are the responsibility of the Contractor and are not reimbursable. UCS shall make all suitability determinations on Contractor Staff. For purposes hereof, a “suitability determination” is a determination that there are reasonable grounds to believe that an individual will likely be able to perform the Contract requirements without undue risk to the interests of UCS. Failure of a security clearance or non-compliance with this provision will disqualify any Contractor staff from performing any Services on the Contract. If any Contractor staff are removed from providing Services under the resulting Contract, they may be subject to all onboarding and security clearance requirements if they are returned to performing Services under the Contract. Binding Nature of Bid/Proposal on Bidders All bids/proposals shall remain binding on Bidders until such time as UCS/OCA provides written notification of its intent to award the contract to a specific bidder or until the bidder requests withdrawal of its bid/proposal in writing, and such withdrawal is accepted by UCS/OCA in its sole discretion in accordance with applicable law, whichever occurs first. Charities Registration (not-for-profit corporations only) Not-for-profit corporation vendors must be registered with the New York State Office of the Attorney General as a charitable organization, and the registration must be up to date at the time of contract approval. Vendors must be sure all their documents are up-to-date and comply with the vendor responsibility requirements as outlined below. To determine the status of your charities registration with the Attorney General, contact: https://www.charitiesnys.com/RegistrySearch/search_charities.jsp Clarification/Correction of Bids/Proposals In addition to any rights articulated elsewhere in this solicitation, UCS reserves the right to require clarification at any time during the procurement process and/or require correction of arithmetic or other apparent errors for the purpose of assuring a full and complete understanding of a bidder’s proposal and/or to determine a bidder’s compliance with the requirements of this solicitation. This clarifying information, if requested in writing by UCS, must be submitted by the bidder, in accordance with formats as prescribed by UCS at the time said information is requested and, if received by the due date set forth in UCS’s request for clarification, shall be included as a formal part of the bidder’s proposal. Clarifying information, if any, whether provided orally, visually, or in writing, will be considered in the evaluation process. Failure to provide required information by its associated due date may result in rejection of the bidder’s proposal. Nothing in the foregoing shall mean or imply that UCS is obligated to seek or allow clarifications or corrections as provided for herein. Estimated Quantities Any quantities specified in this solicitation constitute estimates only, and accordingly no commitment or guarantee to reach any specified volume of business is made or implied. Awarded Contractor must accept all requests for services placed by UCS during the term of an awarded contract. Federal Requirements If an award made under this bid is funded in whole or in part with federal funds, the bid/award recipient shall, at its cost and expense, promptly and fully comply with, and assist UCS as may be necessary in complying with, any federal requirements applicable to such federal award and funding. It is the responsibility of the applicant to be fully familiar with the federal terms and conditions of the award. Financial Stability Upon request by UCS, applicant shall provide its audited financial statements prepared in accordance with Generally Accepted Accounting Principles (GAAP) for the past three (3) consecutive years and a copy of its last three (3) annual reports. Implied Requirements Products and services that are not specifically requested in this solicitation, but which are necessary to provide the functional capabilities proposed by the bidder, shall be included in the offer except as specified herein. Inspection of Bidder’s/Awarded Contractor’s Facilities The UCS/OCA reserves the right to inspect bidder’s proposed facilities, as part of the bid evaluation. Subsequent to award, Awarded Contractor’s facilities shall be made available for periodic inspection. In all instances, advance notification will be communicated by appropriate UCS personnel. Minor Bid Irregularities Provided the same will not materially benefit or disadvantage any particular bidder or substantially alter the requirements of this bid, UCS may: (i) waive technicalities; (ii) waive minor irregularities, omissions or incompletions in the bid or a bid response; (iii) waive any bid requirements that are unmet by all Bidders; (iv) consider any and/or all alternatives and/or enhancements suggested by the successful bidder; or (v) make an award under the bid in whole or in part and negotiate contract terms and conditions with the successful bidder to meet UCS requirements consistent with such award. Online RFP Package: Disclaimer Bidders accessing any UCS/OCA solicitations and related documents from the New York State UCS website https://www.nycourts.gov/grants-contracts-procurement/current-solicitations under “Current Solicitations” shall remain solely and wholly responsible for reviewing the respective solicitation and bid documents on the internet regularly, up to the scheduled date and time of the bid/proposal due date, to ensure their knowledge of any amendments, addenda, modifications, or other information affecting the solicitation or bid documents in question. Rejected and Unacceptable Bids/Proposals/Awards UCS reserves the right to reject any and all proposals or bids submitted in response to this solicitation. In addition, UCS may reject any bids/proposals from any Bidders who are in arrears to the State of New York upon any debt or performance of any contract; or who have previously defaulted on any contractual obligations (as contracting party, surety or otherwise) or on any obligation to the State of New York; or who have been declared not responsible or disqualified by any agency of the State of New York, or who have any proceeding pending against them relating to the responsibility or qualification of the Bidders to receive public contracts, whose proposal is incomplete or otherwise non-responsive in any material respect; or who are found to be nonresponsible based on any of the criteria specified in the section headed “Responsible Bidder.” UCS also reserves the right to reject any bidder: (i) whose facilities and/or resources are, in the opinion of OCA, inadequate or too remote from the UCS locations to render services in a timely manner in accordance with all requirements of this solicitation; (ii) who does not provide references in accordance with the bid specifications, or whose references report significant failure to comply with specifications; or (iii) who are otherwise, in the opinion of OCA, unable to meet specifications. UCS further reserves the right to set aside a bid award to a successful bidder if it is unsuccessful in negotiating a satisfactory contract within a time frame acceptable to the UCS, in which event UCS may then invite the next responsible and responsive bidder with the next highest evaluation score to enter into negotiations for purposes of executing a contract. Responsible Bidder A bidder shall be defined as “responsible” in accordance with, but not limited to: references, past performance history, financial stability, responses to the Vendor Responsibility Questionnaire (see Attachment III-Vendor Responsibility Questionnaire), the criteria set forth in the paragraph headed “Rejected and Unacceptable Bids/Proposals/Awards,” as well as any other criteria necessary and reasonable to establish the bidder’s responsibility. Silence of the Specifications The apparent silence of the specifications contained as part of this package as to any detail or to the apparent omission of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement. UCS’s Reserved Rights to Reject Proposals, Set Aside Awards, and Withdraw the RFP UCS reserves the right to reject any or all proposals submitted in response to this RFP. In addition, UCS may reject any bids/proposals from any bidder: i. Who is in arrears to the State of New York upon any debt or performance of any contract; ii. Who has previously defaulted on any contractual obligations (as contracting party, surety or otherwise) or on any obligation to the State of New York; iii. Who has been declared not responsible or disqualified by any agency of the Stae of New York iv. Who has any proceeding pending against it relating to the responsibility or qualification of the bidder to recieve public contract v. Whose proposal is incomplete or otherwise non-responsive in any material respect; vi. Who is found to be non-responsible based on any of the criteria specified in the paragraph headed "Responsible Bidder vii. Whose facilities and/or resources are, in the opinion of OCA, inadequate or too remote from the UCS locations to render services in a timely manner in accordance with all requirements of this RFP; viii. Who does not provide references in accordance with the RFP specifications, or whose references report significant failure to comply with specifications; ix. Who is otherwise, in the opinion of OCA, unable to meet specifications; or x. Whose conduct or proposal fails to conform to the requirements of the RFP. UCS further reserves the right to set aside a bid award to a successful bidder if it is unsuccessful in negotiating a satisfactory contract within a time frame acceptable to the UCS, in which event UCS may then invite the bidder with the next highest composite score to enter into negotiations for purposes of executing a contract. UCS reserves the right to withdraw the RFP at any time, in UCS’s sole discretion. Unified Court System Self-Insurance UCS, a New York State governmental entity, is self-retained for risk of loss and liability. Warranties and Guarantees Contract Deliverables: Awarded Contractor warrants and represents that the services required by the RFP and the Contract shall be performed or provided in accordance with all the terms and conditions, covenants, statements, and representations contained in the Contract. Awarded Contractor’s failure to meet pre-defined service levels may result in a credit or chargeback in an amount pre-determined by the parties. Personnel Warranty: Awarded Contractor warrants and represents that all personnel performing services under the Contract are qualified to provide services and eligible for employment in the United States and shall remain so throughout the terms of the Contract. Awarded Contractor shall provide such proof of compliance as is required by UCS. Product Performance: Awarded Contractor hereby warrants and represents that products acquired by UCS under the Contract conform to the manufacturer’s specifications, performance standards, and documentation and that the documentation fully describes the proper procedure for using the products. Title and Ownership: Awarded Contractor warrants and represents that it has: (i) full ownership, clear title free from al liens; or (ii) the right to transfer or deliver specified license rights to any product acquired by UCS under the Contract. Awarded Contractor shall be solely liable for any costs of acquisition associated therewith. Awarded Contractor shall indemnify UCS and hold UCS harmless from any damages and liabilities, including reasonable attorneys’ fees and costs, arising from any breach of Awarded Contractor’s warranties as set forth herein. Workmanship Warranty: Awarded Contractor warrants and represents that all services and deliverables shall meet the completion criteria set forth in the Contract, and that services will be provided in a professional and workmanlike manner in accordance with the highest applicable industry standards. Awarded Contractor further warrants and represents that all products, components or parts specified and furnished by and through Awarded Contractor, whether specified and furnished individually or as a system, shall be free from defects in material and workmanship and will conform to all requirements in the Contract for the manufacturer’s standard commercial warranty period, if applicable, or for a minimum of one year from the date of acceptance, whichever is longer. XI. CONTRACT TERMS AND REQUIREMENTS Subject to Exhibit B (Scope of Work), the terms and conditions set forth below, along with those set forth in Appendix A – Standard Clauses for UCS Contracts (see Attachment I), are binding on and incorporated in the RFP, the Bidder’s proposal, and the contract that results from the RFP. UCS reserves the right to negotiate and incorporate additional terms and conditions in the contract that results from the RFP. Compliance with Laws Prior to and during the provision of all services under the contract resulting from this RFP, Awarded Contractor must comply with all applicable federal, state, and local laws, rules, and regulations, including but not limited to fire, health, and safety codes. Confidentiality and Data Security Awarded Contractor acknowledges that any and all information, records, files, documents, or reports contained in any media format provided to the Awarded Contractor by the UCS, or which may be otherwise encountered by Awarded Contractor, shall be considered extremely confidential and shall be handled accordingly at all times. Neither the Awarded Contractor nor any of its employees, servants, vendors, agents or volunteers shall at any time be permitted to utilize such confidential information for any purpose outside the scope of any resulting agreement from this RFP without the express prior written authorization of UCS. Any breach of this confidentiality by the Awarded Contractor or by any of its employees, servants, subcontractors, agents, or volunteers, may result in the immediate termination of any resulting agreement by UCS and may subject the Awarded Contractor to further penalties. Contractor shall use, and require its employees and authorized agents to use, at least the same degree of care to secure and protect UCS Confidential Information that it exercises to secure and protect its own similar confidential information. Contractor is prohibited from maintaining UCS Confidential Information provided to or generated by Contractor in a mobile or portable device. Remote access to the UCS confidential information is prohibited unless such access complies with New York State Information Technology Standard No. NYS-S14-010 as issued by the New York State Office of Information Technology Services or other similar protocols as approved by UCS in its sole discretion, including two-factor user authentication, are in place (e.g., SSL, VPN). In addition, Contractor will be required to comply with the data security and confidentiality requirements of other government agencies that supply data to UCS as well as notice of any actual or potential security breach involving the UCS Confidential Information to UCS within 24 hours and also as required by the New York State Information Security Breach and Notification Act. Data Ownership, Migration, Accessibility, Location, Storage, Transport, Protection, and Destruction Data Ownership: All UCS data (which includes all records, materials, or other information provided to the Awarded Contractor in connection with the Contract) is owned exclusively by UCS and will remain the property of UCS. Awarded Contractor is permitted to use data solely for the purposes set forth in the RFP and the Contract, and for no other purpose. At no time shall Awarded Contractor access, use, or disclose any UCS Confidential Information (including personal, financial, health, or criminal history record information or other sensitive criminal justice information) for any other purpose. The Awarded Contractor is strictly prohibited from releasing or using data or information for any purposes other than those purposes specifically authorized by UCS. Awarded Contractor agrees that UCS data shall not be distributed, used, repurposed, transmitted, exchanged, or shared across other applications, environments, or business units of the Awarded Contractor or otherwise passed to other contractors, agents, subcontractors, or any other interested parties, except as expressly and specifically agreed to in writing by UCS. Migration: Awarded Contractor’s services performed under the Contract must ensure easy migration of UCS’s data, including UCS’s Confidential Information, by providing its solution in a manner designed to do so. This may include Awarded Contractor keeping UCS data separate from processes of the software itself and maintaining that information in a format that allows UCS to easily transfer it to an alternative application platform. Awarded Contractor shall make its Application Programming Interfaces (“APIs”) available to UCS. Data Storage, Access and Location: Awarded Contractor must ensure that all UCS data related to this Contract is stored within the continental United States (“CONUS”), in a controlled access environment to ensure data security and integrity. All access to UCS data, physical or virtual, must be conducted within CONUS and have adequate security systems in place to protect against the unauthorized access to the facilities and data stored therein. Adequate security systems in this context generally means that the Awarded Contractor is in compliance with either SOC 2 Type II or ISO 27001 (or higher) security standards. The Awarded Contractor must be able to demonstrate the adequacy of its security systems upon UCS’s request. Awarded Contractor shall not send or permit to be sent to any location outside of the CONUS, any UCS data related to the Contract. Awarded Contractor will provide UCS with a list of the physical locations where UCS data is stored at any given time and will update that list if the physical location changes. Access into and within the facilities must be restricted through an access control system that requires positive identification as well as maintains a log of all accesses (e.g., date and time of the event, type of event, user identity, component of the information system, outcome of the event). Awarded Contractor shall have a formal procedure in place for granting computer system access to the data and to track access. Access for projects outside of those approved by UCS are prohibited. Data Protection and Transmission: Awarded Contractor shall use appropriate means to preserve and protect UCS data. This includes, but is not limited to, use of stable storage media, regular data backups and archiving, password protection of volumes, and data encryption. All UCS data in transit and at rest will be encrypted. At a minimum, cryptographic modules used for data transmission between UCS and Awarded Contractor must be validated to FIPS 140-2 or 140-3 for the protection of sensitive information (http://csrc.nist.gov/groups/STM/cmvp/index.html). Data Return and Destruction: At the expiration or termination of the Contract, at UCS’s option, Awarded Contractor must provide UCS with a copy of UCS data, including metadata and attachments, in a mutually agreed upon, commercially standard format and give UCS continued access to UCS data for no less than ninety (90) days beyond the expiration or termination of the Contract. Thereafter, except for data required to maintained by law or the Contract, Awarded Contractor shall destroy UCS data from its systems and wipe all its data storage devices to eliminate any and all UCS data from Awarded Contractor’s systems. The sanitization process must be in compliance with New York State Security Policy NYS-S13-003 (https://www.its.ny.gov/document/sanitizationsecure-disposal-standard), and, where required, sanitization and disposal standards provided in the Health Insurance Portability and Accountability Act (HIPAA). If immediate purging of all data storage components is not possible, Awarded Contractor will certify that any data remaining in any storage component will be safeguarded to prevent unauthorized disclosures. Awarded Contractor must then certify to UCS, in writing, that it has complied with the provisions of this paragraph. UCS may withhold payment to Awarded Contractor if UCS data is not released to UCS in accordance with the preceding sections. If the requirements set forth in the RFP and/or Contract are not the same as the policies of the NYS Office of Information Technology Services (“ITS”), then the more restrictive requirement applies. Awarded Contractor shall be strictly prohibited from using UCS data in any fashion other than that defined herein or authorized in writing by UCS. For additional requirements and discussion of information security terms and conditions, see Exhibit C (Additional Information Security Terms and Conditions). Indemnity Awarded Contractor shall indemnify, defend and hold harmless UCS, its officers and employees from and against any and all claims, causes of action, damages, costs, liabilities and expenses of any kind (including reasonable attorney’s fees and the cost of legal defense) which UCS may incur by reason of: (i) Awarded Contractor’s breach of any term, provision, covenant, representation or warranty contained in the contract awarded as a result of this bid; (ii) any act, omission, negligence or intentional misconduct of Awarded Contractor or its employees, subcontractors, agents, volunteers or of other persons under its direction and control; (iii) Awarded Contractor’s performance or failure to perform under the contract; and (iv) enforcement by UCS of the awarded contract or any provisions thereof. UCS will notify Awarded Contractor of any claim, action, or demand for which indemnity is required in the reasonable opinion of UCS and will cooperate reasonably with Awarded Contractor at Awarded Contractor’s expense. Any law firm Awarded Contractor chooses to defend UCS must be experienced in defending similar claims and will be subject to UCS approval, which will not be unreasonably withheld. Awarded Contractor may not settle any lawsuit or matter relating to the culpability or liability of UCS without the prior written consent of UCS. UCS reserves the right to participate in any defense of a claim and/or to be represented by counsel of its own choosing at its own expense. Awarded Contractor shall also defend, indemnify, and hold UCS harmless from and against any and all damages, expenses (including reasonable attorneys' fees), claims, judgments, liabilities and costs in any action for infringement of a patent, copyright, trademark, trade secret or other proprietary right arising out of the Contract. Independent Contractor Status It is expressly understood and agreed that the Awarded Contractor’s status shall be that of an independent provider of services and that no officer, employee, servant or subcontractor of the contractor is an employee of the UCS, OCA or State of New York. The Awarded Contractor shall be solely responsible for the work, assignment, compensation, benefits, and personal conduct and standards of all such persons assigned to the provision of services. Nothing herein shall be construed to impose any liability or duty on the UCS, OCA or State of New York to persons, firms, consultants corporations, or other organizations employed or engaged by the Awarded Contractor, either directly or indirectly, in any capacity whatsoever, nor shall the UCS, OCA or State of New York be liable for any acts, omissions, liabilities, obligations or taxes of any nature including, but not limited to, unemployment and Workers’ Compensation insurance of the Awarded Contractor or any of its employees or subcontractors. Insurance Requirements Awarded Contractors shall be required to maintain the following insurance coverage during the term of the Contract at its own cost and expense: 1. Workers’ compensation and disability benefits insurance coverage as required under NYS law. Proof of workers’ compensation insurance and disability benefits insurance must be provided with the grant application. If applicant is legally exempt from such coverage, proof of exemption must be provided. The only forms acceptable as evidence of these insurance requirements are: Proof of Workers’ Compensation Coverage • Form C-105.2 - Certificate of Workers’ Compensation Insurance issued by private insurance carriers; or • Form U-26.3 issued by the State Insurance Fund; or • Form SI-12 - Certificate of Workers’ Compensation Self-Insurance; or • Form GSI-105.2 - Certificate of Participation in Workers’ Compensation Group SelfInsurance; or • Form CE-200 - Certificate of Attestation of Exemption from NYS Workers’ Compensation and/or Disability Benefits Coverage. Proof of Disability Benefits Coverage • Form DB-120.1 - Certificate of Disability Benefits Insurance, or • Form DB-120.2 - Certificate of Participation in Disability Benefits Group SelfInsurance; or • Form DB-155 - Certificate of Disability Benefits Self-Insurance; or • Form CE-200 - Certificate of Attestation of Exemption from NYS Workers’ Compensation and/or Disability Benefits Coverage. Please note that an ACORD Certificate of Insurance is NOT acceptable proof of New York State workers’ compensation or disability benefits insurance coverage. Applicants should obtain the appropriate Workers’ Compensation Board forms from their insurance carrier or licensed agent, or follow the procedures set forth by the Workers’ Compensation Board for obtaining an exemption from coverage. Required forms and procedures may be obtained on the Workers’ Compensation Board website at www.wcb.ny.gov/ and click on ‘Employers/Businesses’ and/or ‘Forms’. Any questions regarding workers’ compensation coverage requirements should be directed to: Workers’ Compensation Board Bureau of Compliance (518) 462-8882 (866) 298-7830 Applicants awarded funding (whether through a new or amended contract) will be required to provide updated certificates of workers’ compensation and disability benefits coverage that name the Unified Court System as the certificate holder if the applicable form has a space for a certificate holder to be listed. The carrier must enter: NYS Unified Court System Office of Court Administration Division of Grants, Contracts and Procurement 2500 Pond View, Suite 104 Castleton-on-Hudson, New York 12033 The insurance carrier will notify the certificate holder if a policy is canceled. 2. Commercial General Liability Insurance (bodily injury and property damage on an occurrence basis), contractual and products/completed operations liability coverage, and auto liability with minimum limits as follows: Bodily Injury and Property Damage $1 million per occurrence, $2 million aggregate Personal Injury and Advertising $1 million aggregate Contractual and Products/ Completed Operations Liability $2 million aggregate Auto Liability, Combined single limits $1 million Commercial general liability insurance coverage must be obtained from commercial insurance carriers licensed in, or otherwise authorized to do business in the State of New York. Proof of applicant’s commercial general liability insurance coverage must be submitted with the grant application. Applicants awarded funding will be required to submit an updated certificate naming UCS as a certificate holder, an additional insured or loss payee, as appropriate, and providing for at least thirty (30) days advance written notice to UCS of cancellation or non-renewal. The updated certificate must be submitted prior to finalization of the contract. The commercial general insurance of Applicants awarded funding shall be primary insurance with respect to UCS. Products completed operations insurance coverage is not required if applicant provides written documentation prior to finalization of an awarded contract that the organization’s commercial general insurance policy does not include coverage for products-completed operations. Automobile liability insurance is not required if applicant does not use vehicles in its operations. 3. Commercial or other Property Insurance (hazard and casualty) coverage must be obtained from commercial insurance carriers licensed or otherwise authorized to do business in the State of New York. Proof of applicant’s commercial property insurance coverage must be submitted with the grant application. Applicants awarded funding will be required to submit an updated certificate naming UCS as an additional insured and loss payee, that provides for at least thirty (30) days advance written notice to UCS as certificate holder for cancellation or non-renewal prior to finalization of the contract. Such insurance shall cover the premises owned or rented by the center in an amount not less than the full insurable value (replacement value) of the real property unless otherwise approved in writing by UCS. 4. Professional liability insurance in the amount of $1,000,000 for all of applicant’s professional employees that will perform with grant funding. Proof of applicant’s professional liability insurance coverage must be submitted with the grant application. Organizations awarded funding will be required to contractually agree to obtain tail coverage for a minimum of two years in the event that the organization’s professional liability coverage policy is terminated and either: (i) there is no replacement policy; or (ii) the replacement policy does not cover claims made against the organization based on events that occurred prior to the effective date of the new policy. 5. Insurance Compliance: All policies shall be written with insurance companies licensed to do business or authorized by the New York State Department of Financial Services to issue insurance in the State of New York and be rated no lower than an A- rating Class VII or better in the most current edition of A.M. Best’s Property-Casualty Key Rating Guide. UCS may, in its sole discretion, accept policies of insurance written by a non-authorized carrier or carriers when certificate or other policy documents are accompanied by a completed Excess Lines Association of New York (ELANY) affidavit or other document demonstrating the company’s strong financial rating. Policies should be endorsed to the New York State Unified Court System as an “additional insured” or “loss payee,” as appropriate, and “certificate holder.” All policies shall allow waiver of subrogation in favor of UCS and indemnified parties and additional insureds. All policies must be endorsed to provide that in the event of cancellation, non-renewal or material modification UCS will receive thirty (30) days’ prior written notice thereof. Awarded Contractor must provide UCS with appropriate certificates of insurance in compliance with these requirements no later than five business days prior to commencement of the Contract. Awarded Contractor must furnish complete policies, including all endorsements thereto, to UCS upon request. By requiring insurance, UCS does not represent that certain coverage and limits will necessarily be sufficient to protect Awarded Contractor, and such coverage and limits shall not be deemed a limitation on Awarded Contractor’s liabilities under any indemnity granted to UCS under the Contract. Prior to the commencement of any work by a subcontractor, the Awarded Contractor shall require such subcontractor to procure policies of insurance as required herein and maintain the same in force during the terms of any work performed by that subcontractor. Intellectual Property If Awarded Contractor is required to produce specially commissioned materials pursuant to the awarded Agreement (the “Work”), whether in written form, intangible, on tape, on computerreadable media, or in another tangible form, contractor acknowledges and agrees that UCS shall have the option to: (i) retain a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the Work; or (ii) be the sole owner of the Work (the Work shall be considered a "work made for hire”), for Work generated under the awarded Agreement at no additional cost to UCS. Notice of Substantial Change in Contractor’s Status In addition to complying with the requirements of State Finance Law Section 138 (requiring prior approval of subcontractors and assignments or conveyances), Awarded Contractor shall notify UCS of any substantial change in the ownership or financial viability of the Awarded Contractor, its affiliates, subsidiaries, divisions, or partners, in writing immediately upon occurrence. “Substantial change” means: (i) sales, acquisitions, mergers, or takeovers of the Contractor, its affiliates, subsidiaries, divisions, or partners that result in a change in the controlling ownership or assets of such entity after the submission of the bid; (ii) entry of an order for relief under Title 11 of the U.S. Code; (iii) the making of a general assignment for the benefit of creditors; (iv) the appointment of a receiver of Awarded Contractor’s business or property or that of its affiliates, subsidiaries, divisions, or partners; or action by Awarded Contractor, its affiliates, subsidiaries, divisions, or partners under any State insolvency or similar law for the purposes of its bankruptcy, reorganization, or liquidation; or (v) court-ordered liquidation of Awarded Contractor, its affiliates, subsidiaries, subdivisions, or partners. Upon UCS’s receipt of such notice it shall have thirty (30) business days to review the information. Awarded Contractor may not transfer the Contract to or among affiliates, subsidiaries, divisions, or partners, or to any other person or entity, without the express written consent of UCS. In addition to any other remedies available at law or equity, UCS shall have the right to cancel the Contract, in whole or in part, for cause, if it finds, in its sole judgment, that such substantial change adversely affects the delivery of services or is otherwise not in the best interests of UCS. Outstanding Tax Liabilities Awarded Contractor warrants that there are no outstanding tax liabilities against the Awarded Contractor in favor of the State of New York, or in the event such liabilities exist, a payment schedule has been arranged for their speedy satisfaction before Contract execution. Payment Payments to the Awarded Contractor shall be made in arrears and on a reimbursement basis unless otherwise specified in the contract resulting from this RFP. The frequency of payments in arrears shall be determined between UCS and the Awarded Contractor. Payment shall be made within thirty (30) days upon receipt and acceptance by UCS of written or electronic invoices or other specified documents submitted by the Awarded Contractor. Notwithstanding the foregoing, at the sole discretion of UCS, and subject to the availability of funds, advance payment of up to twenty-five percent (25%) of the annualized funding amount allocated for each Budget Period may be available for awarded contracts with not-for-profit organizations. Payment for services performed under the awarded contract shall be conditioned upon the acceptance and approval of such services. Payment shall also be conditioned on whether those services are sufficiently complete both in accordance with the RFP specifications and to the extent necessary for UCS to utilize those services for their intended purpose. Pricing All pricing submitted pursuant to the solicitation shall be net and include all costs for the performance of all services required under this solicitation, including transportation costs. Other than the pricing submitted on the Budget Template Worksheet, there shall be no other charge, cost, reimbursement or expense of any kind payable by UCS in connection with, or arising from, Awarded Contractor’s performance of the services set forth herein. Awarded Contractor shall be solely responsible for all costs and expenses incurred in connection with the performance of such services. Pricing shall be submitted only on, and in the format prescribed by, the Budget Template Worksheet. Bidder must quote pricing on a cost per employee basis and compute all price extensions prompted by Budget Template Worksheet. In the event of a bidder’s miscalculation, the unit price will prevail. UCS reserves the right to make mathematical corrections based on unit price(s). Pricing in the awarded contract for amounts in increments not equal to pricing units indicated in the Budget Template Worksheet will be prorated accordingly. Public Information and Freedom of Information Law UCS agrees that it shall not disclose trade secret or proprietary information, provided by Awarded Contractor to UCS under the Contract, to any other person without the prior written approval of Awarded Contractor, except in connection with any governmental or judicial proceeding or inquiry or as may be required by applicable law, including but not limited to Article 6 of the New York Public Officers Law (Freedom of Information Law). Awarded Contractor must specifically identify in writing trade secret or proprietary information at the time of its submission and must set forth in such writing the reasons for the claimed exemption from disclosure. Acceptance by UCS of such information does not constitute a determination that it constitutes trade secret or proprietary information. Registration with NYS Department of State Prior to being awarded a contract and throughout the duration of the resulting Contract, Awarded Contractor shall be registered with the NYS Department of State as an entity authorized to conduct business in New York State. Savings/Force Majeure A force majeure occurrence is an event or effect that cannot be reasonably anticipated or controlled. Force majeure includes, but is not limited to, acts of nature, acts of war, acts of public enemies, strikes, fires, explosions, actions of the elements, floods, or other similar causes beyond the control of the Awarded Contractor or the UCS in the performance of the Contract which nonperformance, by exercise of reasonable diligence, cannot be prevented. Awarded Contractor shall provide the UCS with written notice of any force majeure occurrence as soon as the delay is known. Neither the Awarded Contractor nor the UCS shall be liable to the other for any delay in or failure of performance under the Contract due to a force majeure occurrence. Any such delay in or failure of performance shall not constitute default or give rise to any liability for damages. The existence of such causes of such delay or failure shall extend the period for performance to such extent as determined by the Awarded Contractor and the UCS to be necessary to enable complete performance by the party if reasonable diligence is exercised after the cause of delay or failure has been removed. Notwithstanding the above, at the discretion of the UCS, where the delay or failure will significantly impair the value of the Contract to the State, the UCS may: a. Accept allocated performance or deliveries from the Awarded Contractor. The Awarded Contractor, however, hereby agrees to grant preferential treatment to UCS with respect to the product subjected to allocation; and/or b. Purchase from other sources (without recourse to and by the Awarded Contractor for the costs and expenses thereof) to replace all or part of the products which are the subject of the delay, which purchases may be deducted from the Contract quantities without penalty or liability to the State; or c. Terminate the Contract or the portion thereof which is subject to delays, and thereby discharge any unexecuted portion of the Contract or the relative part thereof. In addition, the UCS reserves the right, in its sole discretion, to make an equitable adjustment in the Contract terms and/or pricing should extreme and unforeseen volatility in the marketplace affect pricing or the availability of supply. “Extreme and unforeseen volatility in the marketplace” is defined as market circumstances which meet the following criteria: (i) the volatility is due to causes outside the control of Awarded Contractor; (ii) the volatility affects the marketplace or industry, not just the particular Contract source of supply; (iii) the effect on pricing or availabilityof supply is substantial; and (iv) the volatility so affects Awarded Contractor’s performance that continued performance of the Contract would result in a substantial loss. Subcontracting Subcontracting, and any other transfer of any duties or obligations to be performed hereunder, will be permitted only with the prior written consent of UCS to the proposed subcontractors. In the event that bidder proposes to use one or more subcontractors, the specific subcontractors and the services proposed to be performed by such subcontractors, must be listed in bidder’s proposal. If a bidder that proposes to use one or more subcontractors is awarded the contract, the award will constitute the prior written approval of UCS to the subcontractors named in the bidder’s proposal. All subcontracts shall be in writing and contain provisions which are functionally identical to, and consistent with, the provisions of the Contract. Unless waived in writing by UCS, all subcontracts between the Contractor and subcontractors shall expressly name UCS as the sole intended thirdparty beneficiary of such subcontract. UCS reserves the right to review, approve, or reject any subcontract, as well as any amendments to said subcontract(s), and this right shall not make the UCS or the State of New York a party to any subcontract or create any right, claim, or interest in the subcontractor or proposed subcontractor against UCS or the State. The Awarded Contractor will be the prime contractor and will be responsible for all services required by this RFP. The UCS will communicate only with Awarded Contractor, and the Awarded Contractor shall remain wholly liable for the performance by, and payment to, any such subcontractors, their employees, agents, consultants or representatives. UCS may require subcontractors to provide evidence of insurance, as applicable, prior to UCS approval. If total compensation to any subcontractor exceeds $100,000 in the aggregate, the subcontractor must submit and certify a Vendor Responsibility Questionnaire. Contractor shall give UCS immediate notice in writing of the initiation of any legal action or suit which relates in any way to a subcontract with a subcontractor or which may affect the performance of the Contractor’s duties under the Awarded Contract. Suspension of Work UCS reserves the right to suspend any and all activities under the Contract, at any time should funding become unavailable. In the event of such suspension, the Awarded Contractor will be given a formal written notice outlining the particulars of such suspension, and will be paid for services performed prior to suspension in accordance with the Contract. Any such suspension will not be deemed to extend the term of the Contract beyond the expiration date of the term. Nothing in this paragraph shall diminish UCS’s right to terminate the Contract as provided therein. Termination Early termination of the contract for cause may result in, among other consequences, all remedies available to UCS and New York State, including, but not limited to: the Awarded Contractor both being declared non-responsible by the UCS/OCA pursuant to the UCS and Office of the State Comptroller’s guidelines on vendor responsibility and/or being removed from the UCS/OCA applicants list for future solicitations. A. Early Termination for Convenience By written notice, the Contract may be terminated at any time by UCS for convenience upon ninety (90) days’ written notice without penalty or other early termination charges due. Such termination of the Contract shall not affect any project or purchase order that has been issued under the Contract prior to the date of such termination. If the Contract is terminated pursuant to this paragraph, UCS shall remain liable for all accrued but unpaid charges incurred through the date of termination. B. Early Termination for Budget Modification 1. If the UCS Budget (“Budget”) is modified (a “Budget Modification,” defined in subsection 2 below) for any State fiscal year included in the term of the awarded contract, in whole or in part (including any renewal or extension term), such that UCS determines, in its sole discretion, that it is necessary to reduce, eliminate, or otherwise modify the budget allocation covering payment thereunder, UCS shall have the option to terminate the awarded contract upon not less than thirty (30) days’ notice to Awarded Contractor, without liability for costs, expenses or damages as a result thereof. 2. For purposes of this subsection A, Budget Modification shall mean and include, with respect to the Budget or any appropriation contained therein: i. any reduction, elimination or restriction upon access thereto as provided by law; or ii. any restriction placed on UCS’ spending authority, including any restriction imposed by UCS upon itself in response to a request of the Executive or Legislative Branch of government. 3. Termination hereunder shall be further governed by the termination provisions contained in the awarded contract, as applicable. C. Early Termination for Cause Early termination of the contract for cause may result in, among other consequences, all remedies available to UCS and New York State, the Awarded Contractor both being declared non-responsible by the UCS/OCA, pursuant to the UCS and Office of the State Comptroller’s guidelines on vendor responsibility and in the Awarded Contractor’s removal from the UCS/OCA’s Bidders list for future solicitations. D. Early Termination for Findings Related to Vendor Responsibility UCS may, in its sole discretion, terminate the Contract immediately if it finds at any time during the term of the Contract that the Awarded Contractor is non-responsible or that any information provided in the Vendor Responsibility Questionnaire submitted with Awarded Contractor’s bid was materially false or incomplete, or if the Awarded Contractor fails to timely or truthfully comply with UCS’s request to update its Vendor Responsibility Questionnaire. E. Early Termination for Suspension or Delisting of Contractor’s Securities If the Contractor’s securities are suspended or delisted by the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, as applicable, if the Contractor ceases conducting business in the normal course, becomes insolvent, makes a general assignment for the benefit of creditors, suffers or permits the appointment of a receiver for its business or assets or avails itself of or becomes subject to any proceeding under the Federal Bankruptcy Act or any statute of any state relating to insolvency or the protection of rights of creditors, UCS may, in its sole discretion, terminate the Contract or exercise such other remedies as shall be available under the Contract, at law, or in equity. Work for Hire If Awarded Contractor produces any materials for UCS pursuant to this RFP, such work shall be deemed “work for hire” and shall be governed by the terms of Exhibit J (Appendix B: Terms and Conditions Applicable to Materials Produced Under the Agreement) Business enterprises awarded an identical or substantially similar procurement contract within the past five years: None

1. June 15, 2026Published
2. July 31, 2026Responses Due