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10. amend any part of this RFA prior to opening of bids, with notification to allbidders, and direct all bidders to prepare modifications addressing RFAamendments, if necessary. Expenses incurred in the preparation of anyproposals or modifications submitted in response to this RFA are the soleresponsibility of the bidder or other party and will not be incurred orreimbursed by OCFS;11. make funding decisions that maximize compliance with and address theoutcomes identified in this RFA;12. fund only one portion, or selected activities, of the selected bidder’sproposal and/or adopt all or part of the selected bidder’s proposal based onfederal and state requirements;13. eliminate any RFA requirements that cannot be met by all prospectivebidders upon notice to all parties that submitted proposals;14. waive procedural technicalities or modify minor irregularities in proposalsreceived after notification to the bidder involved;15. correct any arithmetic errors in any proposal or make typographicalcorrections to proposals with the concurrence of the bidder;16. award to the next highest bidder if the selected bidder(s) does not meet theRFA requirements within an acceptable time frame. No bidder will have anyrights against OCFS arising from such actions;17. fund any or all of the proposals received in response to this RFP. However,issuance of this RFA does not commit OCFS to fund any proposals. OCFScan reject any proposals submitted and reserves the right to withdraw orpostpone this RFA without notice and without liability to any bidder or otherparty for expenses incurred in the preparation of any proposals submitted inresponse to this RFA and may exercise these rights at any time;18. require clarification at any time during the procurement process and/orrequire correction of arithmetic or other apparent errors for the purpose ofassuring a full and complete understanding of an offeror's proposal and/orto determine an offeror's compliance with the requirements of thesolicitation;19. make additional awards based on the remaining proposals submitted inresponse to this RFA and/or provide additional funding to awardees if suchfunds become available;20. make inquiries of third parties, including but not limited to, bidder’sreferences, with regard to the applicants’ experience or other mattersdeemed relevant to the proposal by OCFS. By submitting a proposal inresponse to this RFA, the applicant gives its consent to any inquiry made byOCFS;5

21. require contractors to participate in a formal evaluation of the program to bedeveloped by OCFS. Contractors may be required to collect data for thesepurposes. The evaluation design will maintain confidentiality of participantsand recognize practical constraints of collecting this kind of information;22. consider statewide distribution and regional distribution within New YorkCity, including borough distribution methodology, in evaluating proposals23. rescind awards for failure of awardees to provide all required W-9 andvendor responsibility information required by OCFS upon request or ifapplicant does not meet the licensing requirements to operate the program;24. cancel this RFA, in whole or in part, at any time and to reject any and allproposals when appropriate in the best interests of the state; and25. make adjustments to the funding amount requested based on program needand based on the total dollar value of the applications submitted.31. 26. redistribute funds between the total dollar available among modalitiesand regional funding amounts and total value of award bonuses if funding isleft over to maximize the distribution of available funds. Additionally, unusedfunding may be redistributed from this RFA to the Invest in NY Child CareEmergency Request for Applications (RFA) for Existing Programs to fullyutilize ARPA funding.1.7 RFA Definitions (Amended on 2/9/22 and 3/24/22)Base Funding: is based on number of slots and/or modality of care and programsite location in two broad geographic areas of the state. Section 2.3, Purpose andFunding Availability, provides the available funding by REDC and program type.Capacity: the maximum number of children authorized to be present at any onetime as specified on the license.Desert Census Tract: for the purpose of this funding opportunity, means a CensusTract where there are 3 or more children under 5 years of age for each availablechild care slot, or there are no available child care slots in the census tract.Available child care slots used for this analysis include infant, toddler, andpreschooler slots in licensed day care centers and NYCDOHMH permitted (Article47 programs only) group day care programs, as well as 6 weeks to 12-year-oldslots in licensed group family day care and registered family day care, based onlicensed capacity as of October 2021. All Census Tracts in New York State havebeen mapped depending on the number of available slots, and information can befound on the Child Care Desert Map: https://bit.ly/cc deserts Refer to Section5.2 Application Content for definition of deserts for the purposes of scoring.Diversity Index:6

the Diversity Index from Environmental Systems Research Institute (ESRI)represents the likelihood that two persons, chosen at random from the same area,belong to different race or ethnic groups. Ethnic diversity, as well as racial diversity,is included in the analysis. ESRI's diversity calculations accommodate up to sevenrace groups. If an area is ethnically diverse, then diversity is compounded. TheDiversity Index is available down to the block group level apers/other /2015 USA ESRI Diversity Index Methodology.pdfDownstate region: is defined as: NYC, Long Island (Nassau, Suffolk), Westchesterregion (Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster, Westchester)In Good Standing: is a licensed child care program in a payable status that is notthe subject of certain enforcement actions by OCFS or the New York CityDepartment of Health and Mental Hygiene (DOHMH).Ineligible Statuses Include:Ineligible OCFS enforcement statuses: Suspension of License Limitation of License Suspension and Proposed Revocation of License Proposed Revocation of License (amended 3/24/22) Denial of Application to Renew LicenseIneligible DOHMH enforcement statuses: Permit Revoked Permit Suspended Out of Business ExpiredQuestions as to NYC enforcement status should be referred to NYCDOHMH.Infant/Toddler Slots: Infant/Toddler slots are child care services provided to a childbetween the ages of birth up to 36 months. Such services and staffing must meetall regulatory and program requirements for this age group. For NYC Article 47 daycare centers, infant/toddler programs are defined as a child care program thatprovides care to children younger than 24 months of age.Modalities: Type of program being provided. Please ons/ for full legal definitions. Family Day Care (FDC) a program caring for children for more than threehours per day per child in which child day care is provided in a familyhome for three up to eight children.Group Family Day Care (GFDC) a program caring for children for morethan three hours per day per child in which child day care is provided in afamily home for seven up to twelve children, plus a possible four additionalschool-age children, for a total of sixteen children7

Day Care Center (DCC) a program or facility which is not a residence inwhich child day care is provided on a regular basis to more than sixchildren for more than three hours per day per child for compensation orotherwiseo For NYC Article 47 Day Care Centers: Child care program meansany program providing child care for five or more hours per week,for more than 30 days in a 12-month period, to three or morechildren under six years of age.School Age Child Care (SACC) a program or facility which is not aresidence in which child day care is provided to an enrolled group ofseven or more children under 13 years of age during the school yearbefore and/or after the period such children are ordinarily in school orduring school lunch periods. School-age child care programs also mayprovide care during school holidays and those periods of the year in whichschool is not in session, including summer vacation.New Program: An individual or entity that is not licensed and is applying forlicensure to operate a child care program at a specific location that it is notcurrently operating (Amended on 3/24/22). The OCFS status of “ApplicationRequested” or “Application Received” must be met at the time of initial grantapplication. Applicants granted pre-approval must meet the minimal threshold oflicensing information as defined in OCFS policy (See Attachment 2, MinimumSubmission Requirements for OCFS Child Care Licensing/Registration) within 60days of date on pre-approval letter and be granted a license for a new programwithin 120 days from the date on the grant pre-approval letter. NYC applicants mustmeet all permitting requirements by 120 days from the date on the grant preapproval letter.Programs that are changing their modality and expanding their capacity (forexample, a Family Day Care (FDC) that is going to become a Group FamilyDaycare (GFDC) are considered a “new program.” (Amended on 2/9/22)Please note: Programs that are changing their modality to add to theircapacity for example, a Family Day Care (FDC) that is going to become aGroup Family Daycare (GFDC) is considered a “new program.” An existinglicensed provider who is opening a separate location would be consideredopening a “new program” if that new location did not have a licensepreviously. Programs or providers that held a license within the yearpreceding the issue date of this RFA or are current license holders and arechanging locations or their legal entities but not, in fact, expanding theirlicensed capacity are not eligible to apply. (Amended on 3/24/22)Non-Traditional Hours (Amended 3/24/22): those hours of care provided after 7pm until 6 am, as well as weekends and the following federal holidays: New Year’sDay, Memorial Day, Independence Day, Labor Day, Thanksgiving Day andChristmas Day. Programs must meet all regulatory and program requirements forthese services and obtain license approval to provide services during these hours.8

For NYC Article 47 Day Care Centers, non-traditional hours are definedconsistent with the RFA definition and threshold. Please note: Programswishing to offer overnight care need to comply with NYC are considered aNight Child Care permit program requirements, defined as “a child care programthat accepts children for care starting at 5 P.M., provides child care servicesbetween 5 P.M. and 8 A.M., and operates more than one night per week, for morethan 30 days in a 12-month period.Non-Traditional hours of care as defined in the RFA must be available aminimum of 15 hours per week for all modalities of care except for SACC.SACC programs must have care available during 75% of all school breaks andholiday breaks in accordance with their local school calendar. Summer hoursare not included in this percentage for SACC to be eligible for non-traditionalhours.REDC- Regional Economic Development Council:(https://regionalcouncils.ny.gov/), click on Regions to select your region. TheCouncils are public-private partnerships made up of local experts and stakeholdersfrom business, academia, local government, and non-governmental organizations.NYS Empire State Development (ESD) serves as the lead agency managing theRegional Councils. State agencies, authorities and departments are activeparticipants working with the Councils and provide necessary resources. Inaddition, academic institutions, think tanks and other independent organizations areinvited by the Regional Councils, as appropriate.Rest of NY includes: All New York State counties outside of the DownstateRegion.2.0 EXECUTIVE OVERVIEW2.1 Introduction/Description of Program Objectives and BackgroundNew York State has identified 100M to address child care deserts by buildingand expanding licensed child care capacity to those areas of the state with theleast supply. The resulting award is for the purpose of increasing the number ofavailable child care slots in New York State in those areas identified as areas ofneed. Utilizing funding from the American Rescue Plan Act (ARPA), thisfunding represents an unprecedented opportunity to build capacity andstrengthen the state’s economy, by addressing the issues that impactbusinesses including chronic absence, productivity reductions and turnover dueto inadequate options for quality child care in the most needed parts of theState. This funding further recognizes the acute shortage of infant and toddlerchild care and the lack of available child care outside of standard businesshours and days. This document outlines all eligibility, program and allowableexpense requirements relating to the Invest in NY Child Care grant.9

OCFS and the Council on Children and Families (CCF) have created anonline mapping tool outlining the Census Tracts in NYS that are childcare deserts as well as a potential score on this RFA should a programapply from that area. All applicants should review the map carefully formore details on their proposed program site. Attachment 3 - the REDCChild Care Deserts Map is available at: https://bit.ly/cc desertsOCFS reserves the right to amend the terms and conditions of this grantopportunity and any updates to this document will be posted on the OCFSwebsite.2.2 OCFS Statewide ConsiderationsRacial Equity Framework for Invest in NY Child Care InitiativeWith a historic investment in building child care supply in New York State, wemust ensure that a racial equity framework is built into the funding opportunityso that communities of color who were hardest hit by the COVID-19 pandemicare prioritized and supported in building back child care slots.Child care providers and their staff are primarily women and people of color,making this funding opportunity a chance to partner with these leaders andentrepreneurs and make impactful investments that can make real change forfamilies and communities.This racial equity framework will be highlighted throughout the planning andaward process to ensure the opportunity is structured to support theseprinciples.Racial Equity Principles:In NYS, we know that we must do more to address racial equity. For thepurposes of this funding opportunity, we choose to take action by implementingthe following principles in our work:To stand with people of color and center the voices of people with livedexperience throughout the policymaking process;To collect and analyze data disaggregated by race and ethnicity to understandand address disparities and publicize this information to bring transparency andaccountability to the process;To expand the focus of racial equity in our work by continuing to examine andaddress the systemic causes of inequities;To be anti-racists, committed to actively fighting racism and bigotry in all partsof the initiative.10

2.3 Purpose and Funding Availability (Amended on 2/9/22 and 3/24/22)OCFS will make available 100 million in the Invest in NY Child Care: ChildCare Desert grant program. Federal funding is available through ARPA. ThisRFA is making 63M available for new programs only, with applications dueat the date and time in the Section 1.2 Calendar of Events. 7M will bereserved to fund grant award bonuses on awards for new programs under thisRFA, for a total of 70M (70% of total available grant funds).A separate RFA will be released in the future, totaling 30M, for expansion ofexisting programs.Invest in NY Child Care grants is accepting applications for new programsduring the date and time period in Section 1.2 Calendar of Events, thoughOCFS reserves the right to extend the application period or

Title: Invest in NY Child Care Emergency Request for Applications (RFA) for New Programs Office: OCFS Division of Child Care Issued: January 28, 2022 Amended: February 9, 2022, March 24, 2022, and April 18, 2022 Applications are being accepted from new providers who have completed their orientation, received their facility ID, and are ready to .