Below you'll find a copy of the TN Lemon Law statutes.
The state of Tennessee Lemon Law information listed here was current at the time this page was created, but like anything else these statutes could be changed at any time without any notice. I suggest taking the time to verify this information before taking any action based on it. That's why I'm going to include a link to the TN lemon law statutes as they're listed on the Tennessee Lemon Law state webpage.
More great state lemon law resources.
(5) "Term of protection" means the term of applicable express warranties or the period of one (1) year following the date of original delivery of the motor vehicle to a consumer, whichever comes first; or, in the case of a replacement vehicle provided by a manufacturer to a consumer under this part, one (1) year from the date of delivery to the consumer of the replacement vehicle.
55-24-202. Nonconforming vehicles - Reports - Repairs.
If a new motor vehicle does not conform to all applicable express warranties and the consumer reports the nonconformity, defect or condition to the manufacturer, its agent or its authorized dealer during the term of protection, the manufacturer, its agent or its authorized dealer shall correct the nonconformity, defect or condition at no charge to the consumer, notwithstanding the fact that such repairs are made after the expiration of such term. Any corrections or attempted corrections undertaken by an authorized dealer under the provisions of this section shall be treated as warranty work and billed by the dealer to the manufacturer in the same manner as other work under warranty is billed.
55-24-203. Replacement or repair of vehicles - Refunds - Refinancing agreements - Defenses.
(2) The manufacturer, its agent or authorized dealer is unable to conform the motor vehicle to any applicable express warranty after a reasonable number of attempts.
(4) (A) "Reasonable allowance for use" means that amount directly attributable to use by a consumer prior to such consumer's first report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is not out of service by reason of repair, plus a reasonable amount for any damage not attributable to normal wear.
(B) A reasonable allowance for use shall not exceed one half (1/2) of the amount allowed per mile by the internal revenue service, as provided by regulation, revenue procedure or revenue ruling promulgated pursuant to § 162 of the Internal Revenue Code, for use of a personal vehicle for business purposes, plus an amount to account for any loss to the fair market value of the vehicle resulting from damage beyond normal wear and tear, unless the damage resulted from nonconformity to an express warranty.
(c) Refunds shall be made to the consumer, and lienholder, if any, as their interests appear. The provisions of this section shall not affect the interests of a lienholder; unless the lienholder consents to the replacement of the lien with a corresponding lien on the vehicle accepted by the consumer in exchange for the vehicle having a nonconformity, the lienholder shall be paid in full the amount due on the lien, including interest and other charges, before an exchange of automobiles or a refund to the consumer is made.
(d) In instances where a vehicle which was financed by the manufacturer or its subsidiary or agent is replaced under the provisions of this section, the manufacturer, subsidiary or agent shall not require the consumer to enter into any refinancing agreement which would create any financial obligations upon such consumer beyond those imposed by the original financing agreement.
(2) That a nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of a motor vehicle by a consumer.
55-24-204. Leased vehicles - Refunds.
(a) In the case of a leased vehicle, refunds will be made to the lessor and lessee as follows: The lessee will receive the lessee cost and the lessor will receive the lease price less the aggregate deposit and rental payments previously paid to the lessor for the leased vehicle.
(B) Any insurance or other costs expended by the lessor for the benefit of the lessee.
55-24-205. Presumptions - Term of protection - Notice to manufacturer.
(2) The vehicle is out of service by reason of repair for a cumulative total of thirty (30) or more calendar days during the term of protection.
(b) The term of protection and such thirty-day period shall be extended by any period of time during which repair services are not available to the consumer because of a war, invasion, strike or fire, flood or other natural disaster.
(c) It shall be the responsibility of the consumer, or the representative of the consumer, prior to proceeding under the provisions of § 55-24-203, to give written notification by certified mail directly to the manufacturer of the need for the correction or repair of the nonconformity. If the address of the manufacturer is not readily available to the consumer in the owner's manual or manufacturer's warranty received by the consumer at the time of purchase of the motor vehicle, such written notification shall be mailed to an authorized dealer. The authorized dealer shall upon receipt forward such notification to the manufacturer. If, at the time such notice is given, either of the conditions set forth in subsection (a) already exists, the manufacturer shall be given an additional opportunity after receipt of the notification, not to exceed ten (10) days, to correct or repair the nonconformity.
55-24-206. Informal dispute settlement procedure.
(a) If a manufacturer has established or participates in an informal dispute settlement procedure which complies with the provisions of Title 16, Code of Federal Regulations, Part 703, as those provisions read on November 3, 1983, and of this part, and causes the consumer to be notified of the procedure, the provisions of § 55-24-203 concerning refunds or replacement shall not apply to any consumer who has not first resorted to such procedure. The attorney general and reporter shall, upon application, issue a determination whether an informal dispute resolution mechanism qualifies under this section.
(b) (1) The informal dispute settlement panel shall determine whether the motor vehicle does or does not conform to all applicable express warranties.
(2) If the motor vehicle does not conform to all applicable express warranties, the informal dispute settlement panel shall then determine whether the nonconformity substantially impairs the motor vehicle.
(3) If the nonconformity does substantially impair the motor vehicle, the informal dispute settlement panel shall then determine, in accordance with this part, whether a reasonable number of attempts have been made to correct the nonconformity.
(4) If a reasonable number of attempts have been made to correct the nonconformity, the informal dispute settlement panel shall determine whether the manufacturer has been given an opportunity to repair the motor vehicle as provided in § 55-24-202.
(5) If the manufacturer has been given an opportunity to repair the motor vehicle as provided in § 55-24-202, the panel shall find that the consumer is entitled to refund or replacement as provided in § 55-24-203(a).
(6) The informal dispute settlement panel shall determine the amount of collateral charges, where appropriate.
(2) One (1) year following the date of original delivery of the motor vehicle to a consumer, whichever is the later date.
(b) The statute of limitations shall be tolled for the period beginning on the date when the consumer submits a dispute to an informal dispute settlement procedure as provided in § 55-24-206 and ending on the date of its decision or the date before which the manufacturer, its agent or its authorized dealer is required by the decision to fulfill its terms, whichever comes later.
55-24-208. Recovery of costs and expenses - Attorneys' fees.
If a consumer finally prevails in any action brought under this part, such consumer may be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorneys' fees based on actual time expended, determined by the court to have been reasonably incurred by the plaintiff for or in connection with the commencement and prosecution of such action.
55-24-209. Copy of repair order to consumer.
A manufacturer, its agent or authorized dealer shall provide to the consumer, each time the consumer's vehicle is returned from being serviced or repaired, a copy of the repair order indicating all work performed on the vehicle, including, but not limited to, parts and labor provided without cost or at reduced cost because of shop or manufacturer's warranty, the date the vehicle was submitted for repair, the date it was returned to the consumer, and the odometer reading.
(a) Nothing in this part shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.
(b) In no event shall a consumer who has resorted to an informal dispute settlement procedure be precluded from seeking the rights or remedies available by law. However, if the consumer elects to pursue any other remedy in state or federal court, the remedy available under this part shall not be available insofar as it would result in recovery in excess of the recovery authorized by § 55-24-203 without proof of fault resulting in damages in excess of such recovery.
(c) Any agreement entered into by a consumer for, or in connection with, the purchase or lease of a new motor vehicle which waives, limits or disclaims the rights set forth in this part shall be void as contrary to public policy. These rights shall inure to a subsequent transferee of such motor vehicle.
55-24-211. Commencing actions against sellers or lessors.
No action shall be commenced or maintained under the provisions of this part against the seller or lessor of a motor vehicle unless the seller or lessor is also the manufacturer, or unless the manufacturer of the motor vehicle is not subject to service of process in the state of Tennessee, or service cannot be secured by the long-arm statutes of Tennessee, or unless the manufacturer has been judicially declared insolvent.
55-24-212. Manufacturer's warranty - Disclosure to purchaser.
Any business entity which purchases a fleet of new motor vehicles, titles such motor vehicles in the business entity's name and sells such vehicles to an individual purchaser shall disclose in writing any remaining manufacturer's warranty on such motor vehicles to such purchaser.
All content is property of free-lemon-law-guide.com. Duplication or distribution of any portion of this site by any means is prohibited by law. The contents of this site are in no way considered to be "expert legal advice" and shouldn't be taken as such. I am not an lawyer, and I don't play one on TV. Before you take any actions, I highly recommend that you seek qualified legal council in the area you live.


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UNITED STATES OF AMERICA, Plaintiff-Appellee, v. OSMAN NORALES, Defendant-Appellant.
Submitted March 4, 2015 Pasadena, California Before: GOULD and TALLMAN, Circuit Judges, and KORMAN, Senior District Judge.
The panel unanimously concludes that this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
The Honorable Edward R. Korman, Senior District Judge for the United States District Court for the Eastern District of New York, sitting by designation.
Osman Norales was convicted of conspiracy and false claims against the United States. He raises three issues on appeal, none of which warrants reversal. We deal with them seriatim.
First, Norales argues that the district judge erred in denying his motion to dismiss based upon the under-representation of Hispanics on the grand and petit juries. This claim could arguably have some merit under our en banc decision in United States v. Hernandez-Estrada, which was decided while Norales's appeal was pending, and which significantly modified the legal framework for assessing fair cross-section claims. 749 F.3d 1154, 1164-65 (9th Cir. 2014) (en banc). Nevertheless, even there, we did not categorically reject the "absolute disparity test," which the district judge applied in denying Norales's under-representation claim. Id. at 1165 n.6. Instead, we held that district courts "must consider the evidence proffered by the defendant . . . and employ the most appropriate method, or methods, applicable to the specific challenge in the context of the particular jury pool at issue." Id. at 1165. Consequently, we granted a stay of the proceedings to allow Norales to supplement or amend his opening brief.
Against his counsel's advice, Norales replied that "he d[id] not wish the intervening change in the case law to delay his matter." Based on this position, Norales's counsel advised us that he would not make any further submission, and that defendant "stands on the counseled opening merits brief previously filed before the Court." This brief does not explain why the absolute disparity test applied by the district judge remains "the most appropriate" analytical measure here. Nor does Norales offer any arguments as to which alternative method would be better suited for his case.
Under these circumstances, Norales's rejection of the opportunity to supplement his opening brief constitutes a waiver of his under-representation argument to the extent that it was affected by our en banc decision in Hernandez-Estrada. See United States v. Williamson, 439 F.3d 1125, 1138 (9th Cir. 2006) ("'We will not manufacture arguments for an appellant' who has failed 'to present specific, cogent arguments for [the court's] consideration' . . . ." (alterations in original) (citation omitted)). Moreover, without the benefit of our en banc decision, Norales cannot prevail on his fair cross-section claim. Indeed, he expressly acknowledged in his opening brief that he could not succeed under then-prevailing Ninth Circuit precedent.
Second, Norales argues that the district judge abused her discretion in denying his request to replace appointed counsel. This claim fails because each of the factors relevant to this exercise of discretion were met here. See United States v. Mendez-Sanchez, 563 F.3d 935, 942 (9th Cir. 2009). First, because the trial was set to begin in just four days and because there had already been two previous continuations, the district judge reasonably concluded that Norales's motion was untimely. Id. Second, the district judge engaged in an "extensive" inquiry into the concerns voiced by Norales. Id. at 943. Third, the district judge found that defense counsel would not have been able to "represent Mr. Norales, as well as he has represented him, had there been a breakdown in the relationship," and there is no evidence to suggest that this finding was erroneous. Indeed, just before the start of the ex parte proceedings on this motion, Norales stated: "Mr. Kewalramani, who is my counsel for the last 11 months, he has been diligently preparing for trial."
Norales's final claim is that the district judge erred in overruling his objection to the removal of a prospective juror under Batson v. Kentucky, 476 U.S. 79 (1986). This claim fails at the threshold because "[a] defendant cannot satisfy his 'ultimate burden' [of establishing racial motivation] if he does not offer any evidence to rebut the prosecutor's race-neutral explanation." Boyde v. Brown, 404 F.3d 1159, 1171 (9th Cir. 2005), as amended on reh'g, 421 F.3d 1154 (9th Cir. 2005). After the prosecutor here gave his reasons for the exercise of the peremptory strike, Norales's attorney said nothing. Moreover, after carefully analyzing the plausibility of the prosecutor's race-neutral explanations, the district judge rejected the objection to the peremptory challenge. Because this finding "turns largely on an 'evaluation of credibility[,]' [t]he trial court's determination is entitled to 'great deference' and 'must be sustained unless it is clearly erroneous.'" Felkner v. Jackson, 131 S. Ct. 1305, 1307 (2011) (per curiam) (citations omitted). Our review of the record persuades us that the district judge's ruling was not clearly erroneous.

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(1) These General Terms and Conditions (hereinafter "GT&C") apply to all contracts between SPINNER GmbH Erzgiessereistr. 33 80335 Munich (hereinafter "We") and our customers (hereinafter "Customer") for deliveries of products and/or software (hereinafter "Deliveries") or services (e.g., installation, development, etc.) (hereinafter "Services"), regardless of whether products are produced by Us or are purchased (in part) from suppliers (§§ 433, 651 of the German Civil Code (BGB; hereinafter the "Civil Code") as well as for the use of the online shop / user account according to § 2). The GT&C apply only if Customer is a commercial enterprise within the meaning of § 14 of the Civil Code, a public entity, or a public special fund.
(2) The GT&C apply in the version in effect at the time the order is placed.
(3) Our GT&C have exclusive applicability. Any different, conflicting, or additional general terms and conditions of Customer shall be part of the contract only if and to the extent that We have expressly consented to their applicability in writing. This shall apply even if We make Deliveries or render Services to Customer without any reservation of rights in knowledge of Customer's general terms and conditions.
(4) Agreements that have been individually negotiated with Customer (including collateral agreements, amendments, or modifications) shall in each case take precedence over these GT&C. The terms of such agreements shall be governed by a written contract or our written confirmation.
(5) Any legally relevant statements or notices required to be made by Customer to Us after the contract date (e.g., notices setting deadlines or notices of defect) shall be valid only if in written form.
(6) Any references to the applicability of statutory provisions serve clarification purposes only. Even without such clarification, statutory provisions therefore apply unless they are directly modified or expressly excluded in these GT&C.
(7) As used in these GT&C, the terms "claim for damages" and "claims for damages” shall also include claims for reliance damages.
(8) Any applicability of § 312i para. 1 sent. 1 nos. 1 through 3 of the Civil Code is hereby excluded.
(1) Customers with activated user accounts can view products and related prices and availability in our Online Shop and can place orders in the Online Shop in accordance with Section 3.
(2) Customer must register to receive a user account. Customer must choose a secure password for its user account.
(3) We will decide at our sole discretion whether to activate a user account for Customer.
(4) Information provided at the time of registration may be viewed and, in some cases, updated by Customer in its account settings. Customer shall promptly notify Us of any changes to information provided at the time of registration.
(5) Customer may request changes to the business address (address of Customer) by sending Us a written request. We will make the requested changes after internal review and approval.
(6) Customer is responsible for securing the confidentiality of its user account and password. Customer shall take all steps necessary to ensure that the password will be kept secret. Customer shall promptly notify Us if Customer has reason for concern that a third party has acquired knowledge of Customer's password or is using Customer's user account without authorization.
(7) Customer is responsible for all activities carried out through its user account and password.
(8) Customer has no right to allow any third parties to order products using its user account.
(9) We reserve the right to (temporarily) suspend Customer's user account, in particular if Customer violates applicable law or breaches any terms of the contract.
(1) Our offers are subject to change and non-binding. This also applies if any catalogs, technical documentation (e.g., drawings, plans, calculations, or cost estimates) or any other product specifications or documents, etc., we may provide to Customer (hereinafter "Documentation") – including documents in electronic form – as well as to information made available in our Online Shop.
(2) We reserve all rights, claims, and interest to and in Documentation, including copyrights. This also applies to Documentation designated as "confidential." Any transfer of Documentation to third parties by Customer is subject to our prior express consent. Such Documentation shall be returned to Us promptly upon demand.
(3) Information provided in Documentation to which We refer or make available include no guarantees within the meaning of § 443 of the Civil Code, but are merely descriptions of products or services.
(4) The order placed by Customer is a legally binding offer to enter into a contract. Unless otherwise stated in the order, We have the right to accept the contract offer within two (2) weeks from receipt.
(5) If Customer has received an activated user account in accordance with Section 2, Customer may also place orders through its user account. For this purpose Customer must place products in the virtual shopping basket and click on the order button at the end of the ordering process. We will then promptly send Customer an e-mail confirming receipt of the order (hereinafter the "Confirmation of receipt of your order"). The Order Confirmation constitutes no acceptance of the offer, but merely informs Customer that We have received the order.
(6) A valid contract is not concluded unless and until We confirm as such (e.g., by sending an Order Confirmation in text form (e.g., telefax or e-mail)) or if we make Deliveries or render Services to Customer without any reservation of rights.
(7) If We fill the order by making Delivery or rendering Service in several installments, a separate agreement will be concluded with respect to each installment when We deliver that installment or when Customer receives a separate Order Confirmation for that installment.
(8) Customer may cancel the order before a contract results in text form.
(1) All information Customer may receive from us, including, without limitation, technical information, know-how, prices, terms and conditions, shall be kept absolutely confidential. The duty of confidentiality shall not apply to information that was already known to Customer or in the public domain, or of which Customer otherwise acquires knowledge, or which Customer is required to disclose or report under applicable law or pursuant to a decision from a court or regulatory authority.
(2) Customer shall make no reference to the business relationship with Us in any information or advertising materials except with our express written consent.
(3) Customer shall also require any subcontractors who may be associated for the performance of a contract to comply with the above obligations.
(1) Time periods and dates for Deliveries and/or Services (hereinafter "Delivery Times") are binding only if We have expressly confirmed in text form that Delivery Times are binding. Shipping dates and Delivery Times will be individually negotiated or will be specified by Us when accepting the order.
The Delivery Time will not begin to run unless and until We have received in due time all documentation, approvals, clearances, and answers to all your questions from Customer and unless and until Customer has performed duly and in a timely manner all obligations, including incidental obligations. If these requirements are not satisfied in a timely manner, the Delivery Time shall be extended by a corresponding time period, including a reasonable time period for resuming work, unless We are legally responsible for the delay. At our request, customers outside of Germany provide us with proof of the arrival of the goods in their jurisdiction.
(3) In addition, our performance of the contract is subject to the condition that there are no national or international laws, including, without limitation, any export control laws, embargoes, or other sanctions, that would prevent or impede performance. Customer shall provide all information and documentation necessary for export/cross-border shipment/import. Any delays resulting from export reviews or approval procedures extend the delivery time accordingly including a reasonable recovery period; this does not apply if we are responsible for the delay. If an export test or an approval procedure is not completed successfully due to a circumstance for which the customer is responsible, the Customer will reimburse us for any expenses and damages incurred by the Customer's order.
(c) failure of suppliers to make delivery to Us in a timely manner and as agreed.
(6) In the event of an extension of the delivery period under § 5 (2) to § 5 (4) which the customer is responsible for, we may claim a contractual penalty of 3-5% of the respective order value, depending on the seriousness of the fault do. The assertion of further damage remains unaffected.
(7) We shall not be deemed in default with delivery unless and until Customer has made a formal demand for delivery. If We are in default with delivery, Customer may, after two full weeks have expired since the default occurred, demand liquidated default damages for each additional week, provided that Customer substantiates that Customer has sustained damages as a result of the default. Liquidated damages shall be equal to 0.5% (zero point five percent) of the net price (order amount) for each full calendar week of default, not to exceed in the aggregate 5% (five percent) of the order amount of the delayed products. We reserve the right, however, to furnish proof that Customer has sustained no damages or has sustained damages substantially lower than the aforementioned liquidated damages.
(8) Any claims of Customer for damages resulting from delivery default as well as any other claims for damages which, in the aggregate, exceed the damages provided for in Section 5 para. 5 of these GT&C shall be excluded in all cases of delivery default, even if a grace period for delivery set by Customer has expired.
(9) Customer may rescind a contract in accordance with applicable law only if damages resulting from a delivery default exceed the limit defined in Section 5 para. 5 of these GT&C.
(10) The foregoing provisions are not associated with any change in the burden of proof to the detriment of Customer.
(11) Customer shall inform Us upon demand within a reasonable time period whether Customer is rescinding the contract because Delivery and/or Service is delayed or is insisting on Delivery and/or Service.
(12) Early delivery or Delivery in installments is permitted to the reasonable extent for Customer.
(b) for deliveries to foreign countries pursuant to FCA loading ramp.
(b) if delivery includes setup or installation, on the date the products transfer to the business operation of Customer or another place of installation designated by Customer; if the parties have agreed in text form to a trial run, the risk of loss shall transfer to Customer after the trial run has been completed free of errors, provided that the trial run and transfer take place promptly after setup or installation. Otherwise the risk of loss shall transfer to Customer already at the time of setup or installation as soon as the products are ready for operation.
(3) If the contract provides for formal acceptance, formal acceptance shall be decisive for the transfer of risk. If the contract provides for formal acceptance, German law governing contracts for the performance of work shall also apply in all other respects. Any failure of Customer to formally accept Deliveries or Services in a timely manner shall be deemed equivalent to formal acceptance.
(4) If the contract provides for formal acceptance, Customer shall declare acceptance promptly, however not later than two (2) weeks from completion and notice of completion from us. If Customer fails to declare acceptance in a timely manner or refuses to declare acceptance without justification, formal acceptance shall be deemed to have been effected. Any use of the products – where applicable, after completion of an agreed trial phase – shall be deemed equivalent to formal acceptance.
(5) If Customer is in default with formal acceptance, wrongfully breaches its duty of cooperation, or delivery by Us is delayed for any other reasons for which Customer is legally responsible, We shall be entitled to indemnity for all resulting damages, including any additional costs We may incur. If delivery by Us is delayed for a reason within the meaning of sent. 1, We may charge Customer a storage fee in the amount of 0.5% (zero point five percent) of the invoice amount for each month or fraction thereof, beginning on the first day after notice that the products are ready for shipment/delivery is sent; storage fees are limited to a maximum of 5% (five percent) of the invoice amount. The right of either party to furnish proof of higher or lower storage costs shall remain unaffected thereby. We reserve the right to bring additional claims for damages.
(6) Customer may not reject Deliveries or Services based on insubstantial defects.
(e) protective clothing and protective equipment that may be required due to special conditions of the installation site.
(2) Prior to the commencement of installation work Customer shall make available without demand all required information about the location of any hidden power, gas, and water lines or similar systems, as well as all required statics data.
(3) Prior to the commencement of setup or installation all items required to be furnished by Customer for the commencement of work, including operating manuals, descriptions and lists of components, must be present at the site of setup or installation. Customer shall be responsible for any costs of shipping items to or from the site of setup or installation. All preparatory work preceding the commencement of setup must have progressed to the point where setup or installation can commence as agreed and can be completed without interruption. Access roads and the site of setup or installation must be level and cleared.
(4) If setup, installation, or startup is delayed due to circumstances for which We or our subcontractors are not legally responsible, Customer shall pay reasonable costs for the resulting waiting time and the costs of any additional necessary travel by Us or our (contracted) installation staff.
(5) We have the right to decide at our sole discretion where to render Services if Services cannot be rendered at only a single location.
(6) Customer shall promptly confirm to Us on a weekly basis the length of time worked by our installation staff as well as the completion of setup, installation, or startup.
(1) Deliveries – without setup or installation at the location of Customer – will be charged at the prices applicable on the contract date, in each case in euros (€) and ex-works, plus value-added tax at the legal rate. Added to all prices will be all taxes, customs fees or other charges, as well as any consulate or legalization fees that may be incurred contrary to applicable law (see Section 19) under the laws of any foreign jurisdiction, as well as packaging costs, unless already expressly included in the price.
(2) Services (e.g., setup or installation) will be charged based on our price list in effect on the contract date. Cost estimates are non-binding and will be prepared if specifically agreed with Customer. The costs of a cost estimate are included in the price, unless otherwise agreed. The costs of a cost estimate are due separately if no order is placed.
(3) All payments are due and payable without deduction within 30 days from the invoice date.
(4) We reserve the right to demand guarantees for payment and/or prepayments on Deliveries and/or Services.
(5) If payment is not made within the aforementioned time period, Customer will be in default with payment. In the event of default, interest on the amount past due shall accrue at the rate of 9 percentage points above the base interest rate published by the German Central Bank. We reserve the right to claim additional default damages. If Customer is a merchant, our right to charge interest in accordance with commercial law (§ 353 of the German Commercial Code (HGB; hereinafter the "Commercial Code")) shall remain unaffected.
(6) Customer shall have no right to offset any counterclaims or to withhold performance based upon any counterclaims, unless such counterclaims have been established by a final and conclusive court judgment or are undisputed.
(7) If it becomes apparent after the contract date that our claim for payment is jeopardized as a result of Customer's insufficient ability to meet its financial obligations (e.g., because a petition for insolvency has been filed), We shall have the right to refuse performance in accordance with applicable law and – if applicable, after setting Customer a grace period for payment – rescind the contract (§ 321 of the Civil Code). If a contract is for the manufacture of non-fungible products (custom-made products), We may rescind the contract immediately; the statutory provisions dispensing with the need to set a grace period shall remain unaffected thereby.
(8) Any agreed reductions of agreed prices or discounts of any kind shall be lost if Customer is in default, in whole and part, with any of its payment or formal acceptance obligations.
(1) We hereby retain title to all sold products (hereinafter "Secured Products") until all of our present and future claims from the ongoing business relationship (hereinafter "Secured Claims") have been settled, to the extent permitted under laws of the country in whose jurisdiction the Secured Products are located.
If a retention of title to Secured Products is not permitted under the laws of a jurisdiction, but a reservation of similar rights is recognized under the laws of that jurisdiction, We shall have the right to enforce such rights. Customer shall support all measures to protect ownership of or security interests in Secured Products.
(2) Before all Secured Claims have been fully settled, Secured Products may not be pledged or assigned for security purposes to any third parties. Customer shall promptly notify Us in writing if and to the extent that any Secured Products are subject to claims of third parties.
(3) In the event of any breach of contract by Customer, including, without limitation, any failure to pay the purchase price when due, We shall have the right to rescind the contract in accordance with applicable law and to demand the return of Secured Products based on the retention of title and the rescission of contract. If Customer fails to pay the purchase price when due, We may enforce such rights only if and after We have set Customer a reasonable grace period for payment and the grace period has expired without payment having been received by us, or if no such grace period is required under applicable law. Any acceptance of returned products, enforcement of retained title, or attachment of Secured Products by Us shall not result in rescission of the contract, unless expressly stated otherwise by us.
(a) The retention of title shall extend to the full value of all products resulting from the processing, intermingling, combination of our products with other products, and We shall be deemed the manufacturer of the resulting products. If third parties continue to have ownership rights despite the processing, intermingling, or combination of their products with our Secured Products, We shall acquire co-ownership of the processed, intermingled, or combined products based upon the proportion of the invoice amounts. In all other respects, the resulting products shall be subject to the same provisions that are applicable to products delivered subject to a retention of title. Any costs We may incur in connection with enforcing our claims as co-owners shall be paid by Customer.
(b) Customer hereby assigns to Us as security, in their entirety or, if applicable, in the amount of our co-ownership interest as defined in the preceding paragraph, all claims against third parties resulting from a resale of products or combined products. We hereby accept the assignment. The obligations of Customer under paragraph 2 above shall also apply with respect to assigned claims.
(c) We hereby irrevocably authorize Customer to collect claims along with us. We agree not to collect claims as long as Customer is not in default with payment, no petition for insolvency has been filed, and Customer's ability to meet its financial obligations is not otherwise jeopardized. If this is the case however, We may demand that Customer disclose to Us the assigned claims and their debtors, provide Us with all information necessary for collecting such claims, turn over to Us all related documentation, and notify the debtors (third parties) of the assignment.
(d) If the collectible value of security interests exceeds our Secured Claims by more than 10%, We will release security interests of our own choice upon Customer's demand.
(1) We hereby license to Customer the non-exclusive, non-sublicensable, and non-transferable right to use the computer programs subject to the contract, including the related Documentation (hereinafter collectively the "Software"), exclusively for operating the hardware for which the Software is intended or which is delivered along with the Software, subject to the following terms and conditions. Unless the contract provides for a limited license term, this license is valid in perpetuity.
(2) Customer has no right to use the Software, or to permit any third parties to use the Software, except as agreed. The license excludes, in particular, the right to lease, loan, distribute, publicly communicate, or otherwise make the Software available to any third parties. Copying the Software is permitted only if and to the extent necessary for making a backup copy or for operating the hardware for which the Software is intended or which is delivered along with the Software.
(3) Customer generally has no right to edit, disassemble, or otherwise reengineer the Software, in whole or in part, to acquire the source code, except for making modifications that are necessary to correct errors if We have failed to correct such errors, have refused to correct such errors, or are otherwise unable to correct such errors. Fully removing the Software from one, several, or all data processing systems shall not be considered a modification of the Software.
(4) Compilation or reproduction of the Software is permitted to the extent provided by law, however only under the condition that We have failed to provide necessary information for this purpose upon demand within a reasonable time period.
(5) The Software will be delivered exclusively in machine-readable form (object code) and without the source code or source code documentation.
(6) We hereby reserve all other rights.
(1) Customer's rights in the event of any defects in quality (including delivery of the wrong products, delivery of an insufficient quantity of products, improper installation, or deficient installation instructions) shall be governed by applicable law, unless otherwise provided below. The special statutory provisions that are applicable when products are ultimately delivered to a consumer shall remain unaffected in all cases (recourse against supplier under §§ 478, 479 of the Civil Code).
(2) Liability for defects in quality is excluded, for example, however without limitation, in case of wear and tear, excessive use, use of inappropriate operating equipment, or defective installation work not caused by us, selection of an inappropriate place of installation, or any other chemical, electrical, or electro-chemical impacts beyond our control. Liability for defects in quality is also excluded in case of improper modifications or repair work performed by Customer or its contractors.
(3) Our liability for defects in quality is primarily based on warranties of quality made in the contract. Warranties of quality include product specifications that are designated as warranties of quality and that are provided to Customer before the order is placed, are published by us, or have been incorporated by reference into the contract in the same manner as these GT&C.
(4) If a contract includes no warranties of quality, the presence or absence of a defect shall be determined in accordance with applicable law (§ 434 para. 1 sent. 2 and 3 of the Civil Code). We assume no liability for any public statements made by any other third parties.
(5) Customer shall have no claims for defects in quality unless Customer has complied with its legal examination and reporting obligations (§§ 377, 381 of the Commercial Code). If this examination reveals a defect or a defect is discovered later, Customer shall report such defect promptly and in writing to Us, providing a detailed description of the defect. Hidden defects must be reported in writing promptly after discovery, however not later than one year from delivery or formal acceptance of the products. A report of a defect will be deemed prompt if it is made within two weeks from discovery of the defect, it being sufficient for compliance with the deadline if the report is sent in a timely manner.
(6) If a delivered product is defective, We may, at our sole option, either correct the defect (repair) or deliver a new product that is free of defects (replacement), provided that the cause of the defect was already present at the time the risk transferred in accordance with Section 5. Our right to refuse remedial performance shall remain unaffected thereby.
(7) We shall have the right to make remedial performance conditional upon payment of the purchase price on the due date by Customer. However, Customer shall have the right to withhold such part of the purchase price as is reasonably proportionate to the defect.
(8) Customer shall afford Us the time and opportunity needed to render remedial performance as agreed, in particular by surrendering the purportedly defective product to Us for inspection. In the event of replacement, Customer shall return the defective product to Us as provided by applicable law.
(9) We shall be responsible for necessary costs of inspection and remedial performance, including, without limitation, costs of transportation, travel, labor, and materials, only if and to the extent that such costs are not unreasonable, which is the case, in particular, if contrary to their intended use delivered products are moved to a location other than the place of delivery. If products have been moved to a location other than the place of delivery, We shall be responsible only for such costs as would have been incurred if Customer had not moved the products.
(10) If it turns out that a demand for correction of a defect by Customer is unjustified, We may demand that Customer indemnify Us for the resulting costs, unless the absence of the defect was not reasonably apparent to Customer.
(11) In urgent cases, e.g., if operational safety is jeopardized or to avert disproportionate damages, Customer shall have the right to remedy the defect on its own and to demand indemnity from Us for reasonably necessary costs incurred in connection therewith. Customer shall provide Us with prompt notice, if possible prior notice, of any such independent remediation efforts. Customer shall have no right to remedy defects on its own, if We would have a right to refuse remedial performance under applicable law.
(12) In all other cases We shall be given two attempts of remedial performance. If remedial performance has failed twice and a reasonable grace period for remedial performance set by Customer has expired or no such grace period is required under applicable law, Customer may rescind the contract or reduce the purchase price. However, there is no right of rescission if a defect is insubstantial.
(a) any incompatibility with data processing systems used by Customer, unless the data processing environment is in conformity with our requirements, (b) any use of the Software in combination with third-party software, except with our express written consent, or (c) any improper use or care of the Software by Customer or any third parties.
(14) Any other claims for defects in quality are hereby excluded, unless otherwise provided by mandatory provisions of applicable law. The foregoing provisions are not associated with any change in the burden of proof to the detriment of Customer.
(a) We shall, at our sole option, either acquire a license, modify the product so that the product no longer infringes any Intellectual Property Right, or exchange the product. If doing so is not possible on reasonable terms and conditions, Customer shall have the right to rescind the contract and reduce the purchase price.
(b) The aforementioned obligations are valid only if Customer notifies Us promptly of any third-party claims, refrains from accepting liability for such claims, and allows Us to defend such claims and lead the settlement negotiations.
(2) We shall not be liable if Customer is legally responsible for infringement of an Intellectual Property Right.
(3) We further shall not be liable if an infringement of an Intellectual Property Right is caused by any special requirements of Customer, any use of the product by Customer that was unforeseeable for us, or by the fact that the product is modified by Customer or its own customers or is used in combination with any third-party products.
(4) In the event of any other defects in title, the provisions of Section 12 shall apply, accordingly.
(5) Any additional claims of Customer or claims other than those provided for in this Section 12 are hereby excluded, except in cases were liability attaches by operation of law. The foregoing provisions are not associated with any change in the burden of proof to the detriment of Customer.
(1) Due to the nature of the Internet We cannot guarantee that our Online Shop will be available without interruption. Access may, in addition, occasionally be interrupted or limited to allow for repairs, servicing, or the introduction of new functionalities or services.
(2) Unless otherwise provided in these GT&C, any claims for damages of Customer, whatever their legal basis, including, without limitation, any claims for breach of contract or tort claims, are hereby excluded. We hereby expressly advise Customer that this also applies to any damages that do not affect the delivered product as such.
(g) any liability for a breach by Us of a material contractual obligation (cardinal obligation); a contractual obligation is material if its performance is a prerequisite for due performance of the contract, if its breach would jeopardize the achievement of the contractual purpose, and if Customer may reasonably rely on its performance. In such cases claims for damages shall however be limited to reasonably foreseeable damages, unless one of the aforementioned exceptions applies.
(4) The foregoing provisions are not associated with any change in the burden of proof to the detriment of Customer.
(1) Customer may not return products until Customer has received a return material authorization (RMA). To receive an RMA, Customer must complete the RMA form that is available on our website.
(2) Following receipt of a fully completed RMA form, We will review the information provided, send Customer an RMA number, and contact Customer within a reasonable time period for further processing of the return.
(1) In derogation of § 438 para. 1 no. 3 of the Civil Code, the general limitation period for claims for defects in quality or defects in title shall be one year from the date of delivery. If the contract provides for formal acceptance, the limitation period shall begin to run at the time of formal acceptance.
(2) However, if the product is a building or an item which is normally used for a building and which has caused the building to be defective (construction material), the limitation period shall be five years from the date of delivery as provided by law (§ 438 para. 1 no. 2 of the Civil Code). The special statutory provisions governing third-party claims for surrender of property (§ 438 para. 1 no. 1 of the Civil Code), claims for fraud on the part of the seller (§ 438 para. 3 of the Civil Code), and claims against the supplier when products are ultimately delivered to a consumer (§ 479 of the Civil Code) likewise shall remain unaffected.
(3) The foregoing limitation periods under commercial law shall also apply to any contractual or non-contractual claims for damages Customer may have based on any defect of a product, unless application of the standard statutory limitation period (§§ 195, 199 of the Civil Code) would result in a shorter limitation period in a particular case. The limitation periods of the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected in all cases. Except as provided herein, any claims for damages of Customer under these GT&C shall be subject exclusively to the limitation periods provided by law.
(1) All information, data, and documents, whatever their form, which We may receive from Customer and which are the property of Customer or which have been made available to Customer under a license shall remain the property of Customer.
(2) All information, data, and documents, whatever their form, which are our property or which We make available to Customer under a license shall remain our property.
(3) All information, data, documents, inventions, and other work results, whatever their form, whether or not physically embodied, which we, alone or together with employees and/or subcontractors, develop in the course of the performance of this agreement (hereinafter collectively referred to as "Works"), shall be subject to the following provisions: all rights and know-how now known or hereafter created shall remain our exclusive property.
(4) Applicable provisions of data protection law shall remain unaffected.
If it becomes apparent that our claim for payment is jeopardized as a result of Customer's insufficient ability to meet its financial obligations, We shall have the right to rescind the contract or terminate the contract for good cause without notice. The circumstance described in sentence 1 shall be considered good cause for termination.
(1) These GT&C, and all contracts between Us and Customer, shall be governed by the laws of the Federal Republic of Germany, with the exception of the UN Convention on Contracts for the International Sale of Goods.
(2) The place of performance shall be our registered office at the time of performance, unless agreed otherwise in a particular case.
(3) If Customer is a merchant within the meaning of the Commercial Code, a public entity, or a public special fund, exclusive jurisdiction – including international jurisdiction – and venue for any and all disputes directly or indirectly arising from the contract shall be in courts at the place of our registered office. However, We shall also have the right to file suit in a court at Customer's general place of jurisdiction.


CITY OF LAS VEGAS, Defendant.
This case is before the Court on Plaintiff's Motion to Remand and Request for Attorney's Fees [Doc. 9]. The question raised by the motion is whether a defendant who fails to remove a case after the plaintiff has pled a federal claim, but instead opts to litigate and file a motion for summary judgment in state court, may have a second opportunity to remove after the plaintiff amends his complaint to include a request for certification of a collective action based on different facts and at the risk of a larger damage award against the defendant. After reviewing the motion, response, reply, and relevant authorities and precedents, the Court concludes that the right to removal cannot be revived under the circumstances presented here. As a result, the motion to remand will be granted.
On September 4, 2015, Plaintiff Dennis Nelson (“Nelson”) filed his original, pro se complaint against his former employer, Defendant City of Las Vegas (“the City”) in the Fourth Judicial District Court, County of San Miguel, State of New Mexico. See Complaint, Doc. 4-1, Ex. 3 at 8 of 51. Nelson alleged that the City violated the Fair Labor Standards Act (“FLSA”) by failing to properly pay him and other police officers for overtime. Id., Ex. 3 at 10 of 51. The complaint asserts these allegations, but does not purport to make a claim on behalf of anyone besides Nelson. The City filed an answer to the complaint, see Doc. 4-2, Ex. 34 at 32 of 50, as well as a “motion for judgment on the pleadings for failure to state a claim upon which relief can be granted, ” see Defendants' Motion for Judgment on the Pleadings, Doc. 4-3, Ex. 46 at 9 of 47, in which it sought dismissal of Nelson's FLSA claims. Then Nelson retained counsel, who moved to consolidate Nelson's FLSA case with a whistleblower complaint Nelson had filed pro se against the City on May 27, 2016.
On July 28, 2017, the state court granted the motion to consolidate. See Doc. 4-3., Ex. 50 at 23 of 47. That same day, Nelson filed a motion for leave to file an amended complaint. Doc. 4-3, Ex. 51, at 26 of 47. The state court granted that motion as well. Doc. 4-3, Ex. 52 at 45 of 47. On August 30, 2017, Nelson filed his amended complaint, Doc. 4-4, Ex. 53 at 1 of 34, which reasserted Nelson's FLSA claim but set forth no new federal cause of action. The amended complaint did add a request that the court certify a class action for Nelson's New Mexico Minimum Wage Act claim, as well as a collective action for his federal FLSA claim and his breach of contract claim. Id. On September 8, 2017, the City filed its Notice of Removal [Doc. 1] in this federal district court. The City's notice of removal does not set forth the procedural history of this case and states merely that this Court has original, federal question jurisdiction under 29 U.S.C. § 216(b) and 28 U.S.C. § 1331 over Nelson's FLSA claim and supplemental jurisdiction over his state law claims. Id. It appears that the parties have not conducted discovery or litigation on the merits of the amended complaint.
On October 4, 2017, Nelson filed his motion to remand and request for attorney's fees. Doc. 9.
Defendants may remove a civil action to federal court where the district court would have original jurisdiction over the case. Huffman v. Saul Holdings Ltd. P'ship, 194 F.3d 1072, 1076 (10th Cir. 1999) (quoting Caterpillar Inc. v. Lewis, 519 U.S. 61, 68 (1996)). Nonetheless, a presumption against removal jurisdiction exists, and federal courts “are to ... narrowly [construe removal statutes] in light of our constitutional role as limited tribunals.” Pritchett v. Office Depot, Inc., 420 F.3d 1090, 1095 (10th Cir. 2005)(citing Shamrock Oil & Gas Corp. v. Sheets, 313 U.S. 100, 108-09, (1941); United States ex rel. King v. Hillcrest Health Ctr., 264 F.3d 1271, 1280 (10th Cir. 2001)). “All doubts are to be resolved against removal.” Fajen v. Found. Reserve Ins. Co., 683 F.2d 331, 333 (10th Cir. 1982). The defendant seeking to remove an action to federal court bears the burden of establishing the district court's subject-matter jurisdiction over the case. See Montoya v. Chao, 296 F.3d 952, 955 (10th Cir. 2002).
Under the well-pleaded complaint rule, “a suit arises under federal law ‘only when the plaintiff's statement of his own cause of action shows that it is based' on federal law.” Devon Energy Prod. Co. v. Mosaic Potash Carlsbad, Inc., 693 F.3d 1195, 1202 (10th Cir. 2012) (citations omitted). Thus, a federal defense, for instance, typically cannot satisfy the well-pleaded complaint rule, and thus cannot create federal question jurisdiction. Id. at 1204. “[T]hough a federal cause of action is not a necessary predicate for federal-question jurisdiction, a federal question apparent on the face of the well-pleaded complaint is indispensable.” Nielsen v. Archdiocese of Denver, 413 F.Supp.2d 1181, 1185 (D. Colo. 2006) (citing Rice v. Office of Servicemembers' Group Life Ins., 260 F.3d 1240, 1245 (10th Cir. 2001)).
In civil actions, 28 U.S.C. § 1446(b) generally controls the time for removing cases from a state court to a federal court. It requires that the notice of removal of a civil action or proceeding be filed within 30 days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which the action or proceeding is based, or within 30 days after the service of the summons upon the defendant when the initial pleading has been filed in state court and is not required to be served on the defendant, whichever period is shorter. “The purpose of the provision is to prescribe a uniform time frame, at the beginning of immediately removable actions, within which removal will be effected. The goal is early resolution of the court system in which the case will be heard.” 14B Fed. Prac. & Proc. Juris. § 3731 (4th ed.). Failure to file notice of the removal within the time set forth in § 1446(b) constitutes a defect in removal procedure, warranting a remand. Huffman, 194 F.3d at 1077.
The right to remove a case to federal court may be waived by not acting within the statutory removal deadlines. See Huffman, 194 F.3d 1072, 1077 (10th Cir. 1999). In addition, a defendant waives removal by taking some substantial offensive or defensive action in the state court action-which includes filing a motion to dismiss or a motion for summary judgment- indicating a willingness to litigate in that tribunal before filing a notice of removal with the federal court. City of Albuquerque v. Soto Enters., Inc., 864 F.3d 1089, 1098 (10th Cir. 2017).
Nelson argues that the City's removal of the case in September of 2017 is untimely, as it was clear from the face of the original complaint-filed two years earlier in September of 2015-that Nelson was bringing a claim under the FLSA. This is further supported, Nelson argues, by the fact that the City filed a motion in state court arguing that his FLSA claims were not cognizable, thereby litigating the merits of the federal claim in state court. Nelson contends that having waived its opportunity to remove the case at the outset, the City may not get a “second bite at the apple” at a later stage of the case. In response, the City contends that the amended complaint is so different from the original that it constitutes an entirely new claim, and that under the revival exception, it should have a second opportunity to remove.


The New York State Education Department (NYSED) is seeking bids for the transportation of certain Native American pupils from the Unkechaug Indian Nation to and from school buildings in the Center Moriches Union Free School District, BOCES sites and certain other locations as determined by the Committee on Special Education or other Center Moriches Union Free School District offices, with the approval of NYSED. The transportation to be provided must include but is not limited to regular school year home to school transportation, including late busing, as well as summer school transportation. Transportation will also be provided for children with disabilities and/or students with academic interventions who may require abbreviated school days. Eligible applicants include private bus companies, motor coach companies and school districts who have demonstrated expertise in the area of school bus transportation. NYSED will award one (1) contract with a term of five (5) years. The contract will run from September 1, 2019 – August 31, 2024. Transportation will be provided for the 2019-20 through 2023-24 school years, including summer school sessions as needed. Subcontracting is not allowed for this contract; services must be provided by the bidding organization.
Completed applications are due at NYSED, as detailed in the Submission Instructions section of the RFP, no later than May 28, 2019 by 3:00 PM.
Refer to the full IFB #19-003 documents for complete instructions.
Questions regarding this IFB must be submitted by E-mail to NATransportIFB@nysed.gov no later than the close of business May 7, 2019. Questions should be identified as either Program or Fiscal. A Questions and Answers Summary will be posted here no later than May 14, 2019.
The regional Professional Development Resource Centers (PDRC) will work in collaboration with the New York State Education Department (NYSED) to provide professional development to religious and independent school teachers and leaders.
Refer to the full RFP #18-018 documents for complete instructions.
Questions regarding the request must be submitted by E-mail to RFPSORIS@nysed.gov no later than the close of business March 22, 2019. Questions regarding this request should be identified as either Program, Fiscal, or M/WBE. A Questions and Answers Summary will be posted here no later than April 5, 2019.
Update 2/15/19: This is a re-bid of RFP 19-016. Please see the mandatory requirement in the full RFP #19-016a documents. The Mandatory Requirements Certification Form (Found in the Submission Documents) must be filled out, signed and submitted with the Technical Proposal. Bids that do not include the Mandatory Requirements Certification Form will be disqualified.
The vendor must collect, and tabulate information related to pupil transportation safety training course completions by school bus drivers (public and nonpublic schools), and monitors/attendants. Annually there are approximately 5,000 drivers and 1,000 monitors/attendants completing courses. The vendor will also perform 20 to 25 record reviews annually of carriers that transport students for public and non-public schools. The vendor will review a cross section of driver files the carrier currently has in their employ.
The vendor will collect, tabulate and analyze reports and information related to school bus accidents in New York State. Annually there are approximately 1,000 school bus accidents. The vendor will also conduct an on-site accident investigation of any school bus student, and/or school bus driver and/or school bus monitor/attendant fatality. There was one student fatality in the 2016/2017 and one student fatality in the 2017/2018 school year. Additionally, the accident database vendor will be required to provide NYSED with a written annual analysis of accidents and fatalities entitled “School Bus Safety Is One Bus Stop At A Time” for inclusion in the annual Professional Development Seminar curriculum. NYSED will provide the winning bidder with copies of the existing databases to add to and maintain. NYSED will require complete copies of the database to be submitted electronically on an annual basis, and for the submission of periodic reports, at least twice a year.
This work is required under Education Law section 3650-c.
Bidders must submit a proposal that includes both database projects.
Refer to the full RFP #19-016a documents for complete instructions.
Questions regarding this Request for Proposals must be submitted by e-mail to: BusDriverPD2019@nysed.gov no later than the close of business February 19, 2019. Questions regarding this request should be identified as Program, Fiscal, or MWBE. A Questions and Answers Summary will be posted here no later than February 25, 2019.
The submission document has been revised and is available from the RFP #19-025 documents page. Please see the Questions and Answers document (QA #154) for information on the revision.
1/23/19: The RFP submission deadline has been extended. Proposals must be received by February 27, 2019 by 3:00 PM at NYSED in Albany, New York. Additional changes are summarized on the RFP #19-025 documents page.
The New York State Education Department (NYSED) Office of Special Education is seeking proposals for the purposes of working collaboratively with the NYSED Office of Special Education (OSE) Educational Partnership to provide technical assistance and professional development that will promote meaningful family involvement within the educational system, build collaborative community relationships, and provide information and training about available service options and delivery systems for children from birth-5 and students age 5-21.
Completed applications are due at NYSED, as detailed in the Submission Instructions section of the RFP, no later than February 27, 2019 by 3:00 PM.
Refer to the full RFP #19-025 documents for complete instructions.
Questions regarding the request must be submitted by E-mail to RFP19025@nysed.gov no later than the close of business January 30, 2019. Questions regarding this request should be identified as Program, Fiscal or M/WBE. A Questions and Answers Summary will be posted here no later than February 8, 2019.
The New York State Education Department (NYSED) Office of Special Education (OSE) is seeking proposals for the purposes of working collaboratively with the OSE Educational Partnership to provide technical assistance and professional development to improve instructional practices for and outcomes of students with disabilities.
Completed applications are due at NYSED, as detailed in the Submission Instructions section of the RFP, no later than February 12, 2019 by 3:00 PM.
Refer to the full RFP #19-024 documents for complete instructions.
Questions regarding the request must be submitted by E-mail to RFP19024@nysed.gov no later than the close of business January 10, 2019. Questions regarding this request should be identified as Program, Fiscal or M/WBE. A Questions and Answers Summary will be posted here no later than January 23, 2019.
Refer to the full RFP #19-007 documents for complete instructions.
Questions regarding the request must be submitted by E-mail to RFP19007@nysed.gov no later than the close of business January 10, 2019. Questions regarding this request should be identified as Program, Fiscal or M/WBE. A Questions and Answers Summary will be posted here no later than January 23, 2019.
Completed applications are due at NYSED, as detailed in the Submission Instructions section of the RFP, no later than February 1, 2019 by 3:00 PM.
Refer to the full RFP #19-015 documents for complete instructions.
To implement Capital Projects Enacted Budget Bill (S.7504-D, A9504-D) (the “statute”), the New York State Education Department (NYSED) is soliciting applications from non-profit partners or institutions of higher education qualified to serve as Professional Development and Support Services Providers to assist New York State School Districts in increasing K-5 educator expertise in Science, Technology, Engineering, and Mathematics (STEM) Subject Areas, including Computer Science, as well as Educational Technology. Though, over the course of its implementation, the Smart Start Grant program will build expertise among K-8 educators, the program’s initial rollout will be targeted to K-5 educators to enable a phase-in of opportunities for students as they advance in grade levels. Applications in future years will include professional development and support services for K-5 as well as middle-level (6-8) educators.
THIS SOLICITATION WILL NOT RESULT IN A CONTRACT WITH THE NEW YORK STATE EDUCATION DEPARTMENT. NYSED will use the criteria specified within this RFQ to review and approve applications, and to generate a List of Approved Providers of Professional Development and Support Services for the Smart Start Grant Program (the “List”).
This is not a competitive procurement. All providers who meet the criteria specified in this RFQ will be included on the List. The List will be maintained by NYSED and will indicate approved providers that may be selected by local education agencies (LEAs) to provide professional development and support services for Smart Start Grant-funded programs. No funding is directly associated with this application for approval.
All applicants shall submit all required materials as follows. All required materials must be received by NYSED no later than 3:00pm on the due date of November 9, 2018 in order to be considered by districts for use in the 2019-2020 school year.
Refer to the full RFQ #19-028 documents for complete instructions.
Any questions concerning this RFQ must be emailed by October 5, 2018 to: SmartStartRFQ@nysed.gov. Questions and responses thereto will be posted on NYSED’s website by October 17, 2018. No individual written responses will be provided.
The New York State Education Department (NYSED) Office of State Assessment is seeking proposals for a vendor to conduct a rescoring audit on a sample of constructed-responses from English Language Arts (ELA) and Mathematics Tests in Grades 3 through 8 administered to students on computer. During the term of this contract, a rescoring audit will be conducted once for each school year; 2018–19, 2019–20, 2020–21, 2021–22, and 2022–23. For each audit, a written technical report summarizing statewide results must be submitted to NYSED. Local scoring reports on the results of the audit must be sent to each computer-based scoring consortium leader that was included in the audit.
Completed applications are due at NYSED, as detailed in the Submission Instructions section of the RFP, no later than October 26, 2018 by 3:00 PM, Eastern Time (ET).
Refer to the full RFP #19-003 documents for complete instructions.
no later than the close of business September 24, 2018. Questions regarding this request should be identified as Program, Fiscal or M/WBE. A Questions and Answers Summary will be posted here no later than October 3, 2018.
The New York State Education Department (NYSED) is seeking services from an established law firm which possesses expertise in Federal Program Education Law and has the capabilities to provide technical assistance, audit review of programmatic operations and training of NYSED staff and sub-grantees about Federal Legislation for Educational Programs.
Refer to the full RFP #19-008 documents for complete instructions.
Questions regarding this RFP must be submitted by email to federaleducationlawRFP@nysed.gov no later than the close of business August 3, 2018. Questions submitted should be identified as Program or Fiscal. A Questions and Answers Summary will be posted on this web page by August 13, 2018.
The New York State Education Department (NYSED) is seeking bids for the transportation of certain Native American pupils from the Unkechaug Indian Reservation to and from nonpublic schools and schools in the Center Moriches Union Free School District. Eligible applicants include private bus companies, motor coach companies and school districts who have demonstrated expertise in the area of school bus transportation. NYSED will award one (1) contract with a term of five (5) years. The contract will run from September 1, 2018 – August 31, 2023. Transportation will be provided for the 2018-19 through 2022-23 school years, including summer school sessions as needed. Subcontracting is not allowed for this contract; services must be provided by the bidding organization.
Refer to the full IFB #18-001 documents for complete instructions.
Questions regarding this IFB must be submitted by E-mail to NATransportIFB@nysed.gov no later than the close of business April 30, 2018. Questions should be identified as either Program or Fiscal. A Questions and Answers Summary will be posted here no later than May 7, 2018.
The New York State Education Department (NYSED) is seeking bids for the transportation of certain Native American pupils from the Tuscarora Indian Reservation to and from nonpublic schools and schools in the Niagara Wheatfield Central School District. Eligible applicants include private bus companies, motor coach companies and school districts who have demonstrated expertise in the area of school bus transportation. NYSED will award one (1) contract with a term of five (5) years. The contract will run from September 1, 2018 – August 31, 2023. Transportation will be provided for the 2018-19 through 2022-23 school years, including summer school sessions as needed. Subcontracting is not allowed for this contract; services must be provided by the bidding organization.
Refer to the full IFB #18-002 documents for complete instructions.
The RFP Cost Proposal Worksheet has been revised to fix a formula.
The RFP Application Document has been revised. The only changes are on pages 1 and 15 (increase of subcontracting limit). Additional information about these revisions is available in the Questions and Answers document.
The Cost Proposal Spreadsheet has been revised to fix an error with a formula.
The revised documents are available from RFP 18-007 Documents.
The New York State Education Department (NYSED), Office of State Assessment, is seeking proposals from highly qualified proposers with expertise in providing written translations for New York State examinations and exam-related materials into nine (9) languages. This request pertains to secure State-developed and State-approved exams and exam-related materials including examination reference tables and parent reports on individual student test performance. Translations will include the following five (5) “base” languages: Chinese-Traditional, Haitian Creole, Korean, Russian, and Spanish, and may include any or all of the following four (4) “additional” languages: Arabic, Bengali, Chinese-Simplified, and Urdu. Not all documents will require translations into every language. For the purposes of this contract, services are to be provided on an as needed, if needed basis.
Refer to the full RFP #18-007 documents for complete instructions.
Questions regarding this RFP must be submitted by email to AssessmentRFP@nysed.gov no later than the close of business April 11, 2018. Questions submitted should be identified as Program or Fiscal. A Questions and Answers Summary will be posted here by April 24, 2018.
Refer to the full RFP #18-017 documents for complete instructions.
The New York State Education Department (NYSED) Office of Educator Quality and Professional Development (OEQPD) is seeking proposals from technical assistance providers with demonstrated knowledge, expertise and the capacity to provide technical assistance and professional development to support the exploration, analysis, and review of quality assessments (Assessment Workgroup) and/or performance metrics (Evaluation Workgroup) as a part of the implementation of Annual Professional Performance Reviews (APPR) under Education Law §3012-d and Subpart 30-3 of the Rules of the Board of Regents. As a part of the Department’s commitment to continue to strengthen the evaluation system and its implementation, and to explore whether the Department’s current regulations related to teacher and principal evaluation are creating unintended barriers to implementation of an evaluation system that can be used when making decisions regarding support and development of the teacher and principal workforce, the Department will engage with the field, with the assistance of the selected technical assistance provider, by hosting three (3) Assessment Workgroup sessions and (3) three webinar Assessment Workgroup sessions along with three (3) Evaluation Workgroup sessions and (3) three webinar Evaluation Workgroup sessions. Participants in the Assessment Workgroup and Evaluation Workgroup will regularly convene during 2018-2019 to provide feedback to the Department and to help formulate recommendations to the Board of Regents on assessments and evaluation in support of the implementation of Education Law §3012-d.
Refer to the full RFP #18-016 documents for complete instructions.
The New York State Education Department (NYSED), Office of State Assessment (OSA), is seeking proposals for the New York State English as a Second Language Achievement Test (NYSESLAT) and New York State Identification Test for English Language Learners (NYSITELL). Services include development, research, printing, shipping, scoring, and score reporting of operational and field tests aligned with New York State's approved English Language Arts (ELA) learning standards.
Refer to the full RFP #18-013 documents for complete instructions.
Questions regarding this request must be submitted by Email to AssessmentRFP@nysed.gov no later than the close of business November 10, 2017. Questions regarding this request should be identified as Program, Fiscal, or M/WBE. A Questions and Answers Summary will be posted here no later than November 24, 2017.
The New York State Education Department (NYSED) Office of Student Support Services is seeking proposals for the establishment and operation of three regional Technical Assistance Centers to provide technical assistance to school districts establishing or operating Community Schools.
Refer to the full RFP documents for complete instructions.
Questions regarding the request must be submitted by E-mail to COMMSCHOOL@NYSED.GOV no later than the close of business Wednesday, October 18, 2017. Questions regarding this request should be identified as Program, Fiscal or M/WBE. A Questions and Answers Summary will be posted here no later than Monday, October 30, 2017.
Questions regarding the request must be submitted by E-mail to PRHYLI@nysed.gov no later than the close of business October 9, 2017. Questions regarding this request should be identified as either Program, Fiscal, or M/WBE. A Questions and Answers Summary will be posted here no later than October 13, 2017.
The New York State Education Department (NYSED) Office of Educator Quality and Professional Development (OEQPD) is seeking proposals from technical assistance providers with demonstrated knowledge, expertise and the capacity to provide technical assistance and professional development to support the implementation of Annual Professional Performance Reviews (APPR) under Education Law §3012-d and Subpart 30-3 of the Rules of the Board of Regents. As a part of the Department’s commitment to continue to strengthen the evaluation system and its implementation, we intend to further build capacity of the field by conducting seven (7) regional convenings and three (3) webinars. Participating districts will receive professional development tailored to the most commonly identified needs within seven regions across the state (Buffalo; Capital Region; Long Island; NYC; Rochester/Southern Tier; Syracuse/North Country; Yonkers)1 as determined by a gap analysis/needs assessment utilizing the New York State Quality Framework.
1Please see Attachment 3 for a New York State county breakdown for each of the seven regions.
Questions regarding the request must be submitted by E-mail to ConveningsRFP@nysed.gov no later than the close of business August 1, 2017. Questions regarding this request should be identified as Program, Fiscal or M/WBE. A Questions and Answers Summary will be posted here no later than August 8, 2017.
Questions regarding the request must be submitted by E-mail to SLOWorkshopsRFP@nysed.gov no later than the close of business July 26, 2017. Questions regarding this request should be identified as Program, Fiscal or M/WBE. A Questions and Answers Summary will be posted here no later than August 2, 2017.
In April 2015, Subpart E of Part EE of Chapter 56 of the Laws of 2015 added a new Section, 211-f, to Education Law. Section 211-f requires that Persistently Struggling Schools, schools that have been in the most severe accountability status since the 2006-07 school year, be given an initial one-year period under a Superintendent Receiver to improve student performance. Struggling Schools, schools that have been Priority Schools since the 2012-13 school year, will be given an initial two-year period under a Superintendent Receiver to improve student performance. Should Struggling Schools or Persistently Struggling Schools not make demonstrable progress within the prescribed time frame; an Independent Receiver will then be appointed to the school for up to three years.
NYSED will use the criteria specified within this RFQ to review and approve applications, and to generate a list of Approved Independent Receivers for Persistently Struggling and Struggling Schools.
All applicants shall submit all required materials. Applications will be accepted on a continuous and ongoing basis. The Department will review submissions and update the approved list as applications are approved.
To be considered for receivership appointments for the 2017-2018 school year, it is encouraged that applications for approval for the list be received by the Department no later than August 11, 2017.
Refer to the full RFQ documents for complete instructions.
Any questions concerning this RFQ should be submitted to ReceivershipRFQ@NYSED.gov. Questions and answers related to this updated RFQ will be updated regularly. The submitted questions and responses will be posted here.
The New York State Education Department (NYSED) Office of Educator Quality and Professional Development (OEQPD) is seeking proposals from technical assistance providers with demonstrated knowledge, expertise and the capacity to provide technical assistance and professional development to support the exploration, analysis, and review of quality assessments (Assessment Workgroup) and/or performance metrics (Evaluation Workgroup) as a part of the implementation of Annual Professional Performance Reviews (APPR) under Education Law §3012-d and Subpart 30-3 of the Rules of the Board of Regents. As a part of the Department’s commitment to continue to strengthen the evaluation system and its implementation, and to explore whether the Department’s current regulations related to teacher and principal evaluation are creating unintended barriers to implementation of an evaluation system that can be used when making decisions regarding support and development of the teacher and principal workforce, the Department will engage with the field, with the assistance of the selected technical assistance provider, by hosting three (3) Assessment Workgroup sessions and (3) three webinar Assessment Workgroup sessions along with three (3) Evaluation Workgroup sessions and (3) three webinar Evaluation Workgroup sessions. Participants in the Assessment Workgroup and Evaluation Workgroup will regularly convene during the 2017-2018 school year to provide feedback to the Department and to help formulate recommendations to the Board of Regents on assessments and evaluation in support of the implementation of Education Law §3012-d.
Questions regarding the request must be submitted by E-mail to AssessEvalWrkgrpRFP@nysed.gov no later than the close of business June 27, 2017. Questions regarding this request should be identified as Program, Fiscal or M/WBE. A Questions and Answers Summary will be posted to NYSED's website no later than July 3, 2017.
The New York State Education Department (NYSED) Office of State Assessment (OSA) is seeking proposals for the transcribing of New York State Exams and exam-related materials into braille. This request pertains to secure State-developed and State-approved exams including Regents Exams, and elementary- and intermediate-level science tests, as well as science reference tables, scoring materials, reports of exam results, and mathematics tables.
In the course of the contract resulting from this RFP, no personally identifiable information will be provided to the contractor because none is necessary in order for the contractor to perform the services detailed in this RFP.
Completed applications are due at NYSED, as detailed in the Proposal Submission section of the RFP, no later than April 21, 2017 by 3:00 PM.
Questions regarding this RFP must be submitted by email to AssessmentRFP@nysed.gov no later than the close of business on March 31st, 2017. Questions submitted should be identified as Program or Fiscal. A Questions and Answers Summary will be posted here by April 7th, 2017.
report to NYSED on candidates’ progress, program completion, completion of service commitments and certification rates.
Questions regarding the request must be submitted by E-mail to RFP17017@nysed.gov no later than the March 31, 2017. Questions regarding this request should be identified as either Program, Fiscal or M/WBE. A Questions and Answers Summary will be posted here no later than April 7, 2017.
The New York State Education Department (NYSED) Office of Educational Design and Technology (ED&T) within the P-12 Program Area is seeking proposals for the provision of technical assistance and planning services related to the implementation of the Universal Service Discount (E-Rate) Program for schools and libraries in New York State. NYSED encourages entities experienced in consulting for educational institutions on the utilization of E-Rate funding to respond to this Request for Proposals.
The New York State Education Department is part of the University of the State of New York (USNY), one of the most complete, interconnected systems of educational services in the United States. The mission of NYSED is to raise the knowledge, skill, and opportunity of all the people in New York. The vision is to provide leadership for a system that yields the best educated people in the world. The Educational Design and Technology unit of NYSED helps guide the effective integration of technology to transform learning environments statewide. It harnesses information, communication, and professional networks to support innovations that maximize school and learner success.
Completed applications are due at NYSED, as detailed in the Proposal Submission section of the RFP, no later than April 28, 2017 at 3:00pm.
Questions regarding the request must be submitted by E-mail to ERateTACrfp@nysed.gov no later than the close of business on April 4, 2017. Questions regarding this request should be identified as Program, Fiscal or M/WBE. A Questions and Answers Summary will be posted here no later than April 13, 2017.
Completed applications are due at NYSED, as detailed in the Proposal Submission section of the RFP, no later than March 30, 2017 by 3:00 PM.
Questions regarding the request must be submitted by E-mail to PRHYLI@nysed.gov no later than the close of business March 10, 2017. Questions regarding this request should be identified as either Program, Fiscal, or M/WBE. A Questions and Answers Summary will be posted here no later than March 17, 2017.
11/3/16 Update: NYSED has revised the Cost Proposal Spreadsheet to correct a tabulation error in the previous version.
NYSED has revised page 10 of the RFP. The first program-level assessment report is due December 31, 2018. Please review question #28 in the Questions and Answers document for additional information.
The New York State Education Department (NYSED) is seeking proposals for the State-level evaluation of its 21st Century Community Learning Centers (CCLC) Program that is required by the United States Department of Education (USDOE). The selected evaluator will assess the extent to which the expected outcomes of this program have been achieved. The results of this evaluation will be used to guide NYSED’s efforts to: direct and improve its administration of the program; provide assistance to local grantees; and improve program quality and outcomes for participating students.
Bidders should demonstrate experience in the successful development and management of evaluations of educational intervention programs. The evaluator’s responsibilities will encompass analyses of the processes and outcomes of the 21st CCLC program. The evaluator will work in collaboration with staff at NYSED.
Completed applications are due at NYSED, as detailed in the Proposal Submission section of the RFP, no later than November 7, 2016 by 3:00 PM.
Questions regarding the request must be submitted by e-mail to 21CRFP@nysed.gov no later than the close of business October 11, 2016. Questions regarding this request should be identified as either Program, Fiscal, or M/WBE. A Questions and Answers Summary will be posted here no later than October 24, 2016.
The New York State Education Department (NYSED) intends to establish an Intensive Teacher Institute (ITI) for Teachers of the Blind and Visually Impaired (TVI) for a five-year period, subject to continued availability of funds for such purposes. NYSED anticipates that two awards will be made. The annual maximum award amount made to each of the two programs will be $122,750.
Completed applications are due at NYSED, as detailed in the Proposal Submission section of the RFP, no later than November 14, 2016 by 3:00 PM.
Questions regarding the request must be submitted by E-mail to RFP17016@nysed.gov no later than the close of business October 14, 2016. Questions regarding this request should be identified as Program, Fiscal or M/WBE. A Questions and Answers Summary will be posted here no later than October 21, 2016.
NYSED has revised RFP Section 1.6, Payment, to allow the vendor to submit vouchers for payment as deliverables are completed, rather than submitting vouchers with the quarterly progress report. Review the revised RFP documents for additional information.
The New York State Education Department (NYSED) is seeking proposals for a comprehensive statewide multi-media campaign to promote the Summer Food Service Program (SFSP) to low income families. The vendor would be responsible for developing an impressive statewide multi-media campaign that advertises the availability of nutritious meals for anyone 18 years old and younger during the summer months at no cost through the SFSP.
Completed applications are due at NYSED, as detailed in the Proposal Submission section of the RFP, no later than 3:00 PM on September 23, 2016.
Questions regarding the request must be submitted by email to RFP17020@nysed.gov no later than the close of business August 26, 2016. Questions regarding this request should be identified as either Program or Fiscal. A Questions and Answers Summary will be posted here no later than September 7, 2016.
To implement the provisions of Education Law §3012-d relating to annual professional performance reviews of classroom teachers and building principals, the New York State Education Department (“NYSED” or “Department”), is soliciting application for Teacher and Principal Practice Rubrics that will be used as part of teacher and principal evaluations. THIS SOLICITATION WILL NOT RESULT IN A CONTRACT WITH THE NEW YORK STATE EDUCATION DEPARTMENT. NYSED will use the objective criteria specified within to review such proposals and will generate a new list of Approved Teacher and Principal Practice Rubrics Under §3012-d. This list will be available at: http://usny.nysed.gov/rttt/teachers-leaders/practicerubrics/home.html.
On April 13, 2015, the Governor signed Chapter 56 of the Laws of 2015 to add a new Education Law §3012-d to establish a new evaluation system for classroom teachers and building principals. As a result, during the June 2015 meeting of the Board of Regents, Subpart 30-2 was amended and a new Subpart 30-3 of the Rules of the Board of Regents was added as an emergency adoption in order to implement Education Law §3012-d.
The new law requires teachers and principals to be evaluated based on two categories: the Student Performance Category and the Observation/School Visit Category. The Observation/School Visit Category is made up of three subcomponents, required observations/school visits by supervisors or other trained administrators, required observations/school visits by impartial independent trained evaluator(s)1, and optional observations/school visits by trained peer educators. Section 30-3.9 of the Rules of the Board of Regents requires the Commissioner to evaluate teacher and principal practice rubrics based on the criteria outlined in this Request for Qualifications (RFQ). Such rubrics include those previously placed on the list of “Approved Teacher and Principal Practice Rubrics” pursuant to Education Law §3012-c. Rubrics approved under the previous list will be deemed as approved for use under Education Law §3012-d unless disqualified by the Department or withdrawn by the provider. For new rubrics, or updates to rubrics approved under Education Law §3012-c, submissions must be made to this RFQ in order to be approved for use under Education Law §3012-d. All applicants, both new and those with rubrics approved under the previous list, are encouraged to complete and submit Form F to provide supplemental information about how their rubrics align with Education Law §3012-d.
All approved providers who meet the criteria specified in this RFQ will be included in this list. The list will be maintained by NYSED. No funding is directly associated with this application for approval.
The approved list will be updated at least annually. There will be an opportunity for new applicants to demonstrate that their organization meets the requirements on a schedule to be determined and published by NYSED. Providers of teacher and/or principal practice rubric services may also be removed from the list subject to the conditions specified within this RFQ.
1During the September 2015 Board of Regents meeting, Subpart 30-3 of the Rules of the Board of Regents was amended to provide for a waiver from the requirement that at least one observation/school visit be conducted by one or more impartial independent trained evaluators selected and trained by the district for rural school districts or school districts with only one registered school pursuant to §100.18 of the Commissioner’s regulations that, due to the size and limited resources of the school district, is unable to obtain an independent evaluator within a reasonable proximity without an undue burden. Where a waiver has been granted, the district must instead conduct such observations/school visits utilizing one or more evaluators selected and trained by the district who are different than the evaluator(s) that conducted the observations/school visits required to be performed by the principal/supervisor or other trained administrator.
Any questions concerning this RFQ must be emailed to: RubricRFQ@nysed.gov. Answers to questions received by October 21 will be posted no later than November 4. Thereafter, questions and responses will be posted on a quarterly basis. The submitted questions and responses will be made available on the Questions and Answers page.
To implement the provisions of Education Law �3012-d relating to annual professional performance reviews (APPRs) of classroom teachers and building principals, the New York State Education Department (NYSED) is soliciting applications for assessments that will be used as measures of student growth, either through supplemental assessments in conjunction with a growth model for use in the Optional Student Performance Subcomponent or through an assessment used with a student learning objective (SLO) (see definition below) that will generate a growth target for one year of expected growth for use in the Required Student Performance Subcomponent, and will subsequently contribute to teachers' and principals' APPRs.
Please note, per Education Law �3012-d and Subpart 30-3 of the Rules of the Board of Regents, "supplemental assessments" may include assessments that have been developed or designed by the State, in addition to those that have been purchased or acquired by the State from (i) another state; (ii) an institution of higher education; or (iii) a commercial or not-for-profit entity; provided that such entity must be objective and may not have a conflict of interest or appearance of a conflict of interest. Supplemental assessments may also be tests or assessments that have been previously designed or acquired by local districts.
Any questions concerning this RFQ must be emailed by September 24, 2015 to: ASSESSRFQ@nysed.gov. (Note: This email address is for questions only; do not submit application materials to this address.) Questions and responses thereto will be posted on the Questions and Answers page by October 8, 2015. No individual responses will be provided. Questions received after the deadline will be answered on the web site above as deemed appropriate by NYSED on a rolling basis.
Previous RFPs that are completed and/or closed to bidding are available from the RFP Archive.