N.Y. Comp. Codes R. & Regs. tit. 8 § 155.21

Current through Register Vol. 46, No. 45, November 2, 2024

Section 155.21 - Mobile instructional unit contracts awarded through a request for proposals

(a) Pursuant to the provisions of section 305 (14)(a) of the Education Law, all contracts for mobile instructional units which are subject to the competitive bidding requirements of General Municipal Law shall be awarded to the lowest responsible bidder or through an evaluation of proposals submitted in response to a request for proposals by a board of education.

(b) When a board of education elects to award a contract through an evaluation of proposals in response to a request for proposals, such board of education shall evaluate each proposal from a responding contractor in accordance with the following criteria:

(1) the previous experience of the contractor in providing mobile instructional units for use by public school districts;

(2) the name of each transportation company or manufacturer in which the contractor or any of the contractor's officers has been an owner or a manager or has had a controlling interest;

(3) a description of any vehicle safety standards included in the design standards for the mobile instructional units under the control of the contractor that exceed applicable standards defined in statute or regulations;

(4) inspection records and model year of the mobile instructional units under the control of the contractor;

(5) maintenance schedules of the mobile instructional units under the control of the contractor;

(6) a financial analysis of the contractor;

(7) documentation of compliance with insurance requirements;

(8) documentation of compliance with this Part and applicable provisions of the State Uniform Fire Prevention and Building Code (19 NYCRR Part 444); and

(9) total cost of the proposal.

(c) Any public notice soliciting proposals for mobile instructional units, as well as any instructions provided to potential respondents to a request for proposals pursuant to this section, shall specify all of the criteria to be used in evaluating such proposals and shall specify the weightings that the board of education has assigned to each criterion for the purpose of evaluating proposals submitted in response to the request for proposals. For this purpose no single criterion shall be weighted in excess of 50 percent of the total weight of all of the criteria to be used.

(d) Each district awarding a contract through an evaluation of proposals shall submit such contract to the commissioner for approval pursuant to the provisions of Education Law, section 305(14), together with satisfactory evidence of the date of the request for such proposals, the forms and instructions used in making such request, the contract specifications, all proposals received, the criteria used in evaluating the proposals, the weights assigned to each criterion, the scores used to assess each category of the criteria, and such other information as the commissioner deems necessary for such approval.

(e) Proposals for contracts for mobile instructional units for the following school year shall be requested no later than June 1st.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 155.21