RFP 701-25-016, ACCESSIBLE

INSTRUCTIONAL MATERIALS

OUTREACH

Summary The Texas Education Agency (TEA) is seeking responses from qualified respondents to provide accessible instructional materials (AIM) to students with print disabilities, including students with dyslexia, who receive educational services under a program authorized by the Individuals with Disabilities Education Improvement Act (IDEA) or Section 504 of the Rehabilitation Act. The awarded contractor(s) will provide AIM, training, and an educational outreach program across Texas.

Authorized by: General Appropriations Act 89th Legislative Session, Rider 13.

Proposals are due January 2, 2026- 2:00 P.M. Central Time

TEA Contracts and Purchasing Division TEASolicitations@tea.texas.gov

Ms. Demetreus Jones https://capitol.texas.gov/tlodocs/89R/billtext/pdf/SB00001F.pdf mailto:TEASolicitations@tea.texas.gov

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Table of Contents

1. Purpose, Background, and Scope of Work

1.1. Purpose

1.2. Background and Defined Terms

1.3. TEA Mission and Procurement Authority

1.4. Anticipated Schedule of Events

1.5. Contract Term

1.6. Budget

1.7. Scope of Work, Project Description, and Project Requirements

1.8. Project Deliverables and Milestones

1.9. Collaboration

1.10. Contract Monitoring and Dispute Resolution Procedures

2. Submission Process and Instructions

2.1. Proposal Format

2.2. Electronic Submission Process

2.3. Communication

2.4. Proposal Requirements

2.5. Conflict of Interest

3. Proposal Format and Content

3.1. Requested Information

3.2. Understanding of the Project, Methodology, and Technical Components

3.3. Management Plan, Experience, and Qualifications

3.4. Task, Activity, Deliverable, and Budget Plan

3.5. Contractors Financial Capability

4. Proposal Review and Evaluation

4.1. Proposal Review

4.2. Evaluation Criteria

5. Contractual Requirements

5.1. Incorporation and Order of Precedence

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ATTACHMENT A: NOTICE OF INTENT TO SUBMIT A PROPOSAL

ATTACHMENT B: CONTRACT TERMS AND CONDITIONS, RESPONSE PREFERENCES, AND EXECUTION

OF OFFER

ATTACHMENT C: HISTORICALLY UNDERUTILIZED BUSINESS SUBCONTRACTING PLAN

ATTACHMENT D: PROPOSAL COVER PAGE AND CHECKLIST

ATTACHMENT F: INTENTIONALLY OMITTED

ATTACHMENT G: CONFLICT OF INTEREST ANALYSIS FORM

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1. Purpose, Background, and Scope of Work

1.1. Purpose

The Texas Education Agency (TEA) is seeking responses from qualified respondents to provide accessible instructional materials (AIM) to students with print disabilities, including students with dyslexia, who receive educational services under a program authorized by the Individuals with Disabilities Education Improvement Act (IDEA) or Section 504 of the Rehabilitation Act. The awarded contractor(s) will provide AIM, training, and an educational outreach program across Texas.

1.2. Background and Defined Terms

The General Appropriations Act, 89th Legislative Session, Rider 13(c)(7) and (f)(9), authorizes TEA to conduct an educational outreach program to provide instructional materials in accessible formats to individuals with print disabilities, affording reading accommodation and providing instruction and training in the use of accessible instructional materials and related assistive technology.

Accessible instructional materials are educational materials that are adapted or converted into specialized formats to make them usable for students with disabilities, including, but not limited to, braille, large-print, audio, or digital materials.

The District Operations, Technology, and Sustainability Supports Division assists over 1200 Texas local educational agencies (LEAs) by providing support and coordination for the review, State Board of Education (SBOE) approval, and distribution of state-adopted/state-approved instructional materials. The IDEA requires LEAs to provide accessible versions of instructional materials to students who are blind or otherwise unable to use standard-format materials. Accessible formats of state-adopted/state-approved materials are provided to LEAs at no cost; however, LEAs needing accessible formats of non-state-adopted/non-state-approved materials must purchase them.

Contractor(s) will provide LEAs with a library of digital audio material, as well as outreach and training in the use of the material, in a range of titles. Contractor(s) must be aware of and help LEAs support the requirements of Senate Bill 13, passed by the 89th Texas Legislature, as well as any other applicable legislation pertaining to school libraries during the course of this contract.

Educational outreach and support helps to create awareness and instruction around accessible formats and helps educators and LEAs to identify those students who need additional support. Eligible students include those who are blind or visually impaired, have a physical disability that prevents them from reading standard print, or have an identified reading deficit in decoding, fluency, or comprehension. Accessible formats such as digital audio materials also help to remove barriers to learning so that students can reach their academic potential. Historically, outreach activities performed under this contract have included direct contact with LEAs and attendance at tradeshows and conferences, as well as presentations or webinars to educational staff or https://capitol.texas.gov/tlodocs/89R/billtext/pdf/SB00013F.pdf

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TEA-designated stakeholders. Following alignment with TEA staff, the awarded contractor(s) will work to build awareness and provide professional development to support LEAs and educators.

As used in this solicitation, the following capitalized terms shall have the meaning as specified below:

Term Definition AIM Accessible Instructional Materials CMBL Centralized Master Bidders List Contractor and Vendor

“Contractor and Vendor” refers to entities who desire to do business with

TEA.

DIR Department of Information Resources ESBD Electronic State Business Daily HSP Historically Underutilized Business Subcontracting Plan HUB Historically Underutilized Business as defined in Texas Government Code

§ 2161.001 IDEA Individuals with Disabilities Education Improvement Act LEA Local Education Agency NIGP National Institute of Governmental Purchasing PAR Progress Assessment Report QAP Quality Assessment Plan Response “Response” refers to content submitted by Contractors to TEA in response to this solicitation.

SBOE State Board of Education State or Texas State of Texas TAC Texas Administrative Code TEA Texas Education Agency TEA Procurement Staff

TEA procurement professional(s) responsible for leading the planning, solicitation, and contract formation processes.

TEA Project Manager, TEA Program Staff, or TEA Contract Manager

TEA staff members who are the subject matter experts concerning this solicitation, one or more of whom will manage the contract(s) resulting from this solicitation.

TEC Texas Education Code TEKS Texas Essential Knowledge and Skills TGC Texas Government Code VPTS Vendor Performance Tracking System

1.3. TEA Mission and Procurement Authority

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm

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The Texas Education Agency (TEA) is the state agency responsible for overseeing primary and secondary public education in Texas. TEA’s mission is to improve outcomes for all public-school students in the state by providing leadership, guidance, and support to school systems; every child, prepared for success in college, career, or the military.

TEA has adopted a strategic plan comprised of four strategic priorities built upon five key actions identified below. These may be updated in the future and can be found on the TEA website located here, https://tea.texas.gov/about-tea/welcome-and-overview/tea-strategic-plan:

• Strategic Priorities o Recruit, support and retain teachers and principals o Build a foundation for reading and math o Connect high school to career and college o Improve low-performing schools

• Key Actions (Continuous Improvement) o Supported Educators o Ready Students o Rigorous Engagement o Aligned Systems o Actionable Goal-setting https://tea.texas.gov/about-tea/welcome-and-overview/tea-strategic-plan

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This procurement supports TEA’s strategic plan by providing needed accessible format materials, along with training in the use of the materials, to students with visual and/or learning disabilities. This enables students to build a foundation of reading and math, while also connecting those skills to a college and career path. The key actions will support teachers and ready students to increase their independence, build confidence in reading skills, and greater their ability to participate in education and life activities.

This procurement is authorized by General Appropriations Act 89th Legislative Session, Rider 13.

Pursuant to Texas Government Code §§2151.004(d) and 2155.131, The Office of the Comptroller of Public Accounts has delegated authority to TEA to conduct this solicitation and to award a contract for the purposes stated herein.

https://capitol.texas.gov/tlodocs/89R/billtext/pdf/SB00001F.pdf https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2151.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm

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1.4. Anticipated Schedule of Events

DATE EVENT

December 3, 2025 Publication of solicitation in the Electronic State Business Daily (ESBD) at:

http://www.txsmartbuy.com/esbd. Contractors must have a Bonfire account to provide a submission to TEA. HUB-related questions must be directed to the HUB Office HUBOffice@tea.texas.gov

December 10, 2025 Last day to submit written questions about this solicitation no later than 2:00 P.M. Central Time. Submit questions via Vendor Discussion in the Bonfire portal

December 17, 2025 Final publication of questions and answers

January 2, 2026 TEA preferred date to receive Notice of Intent to submit a proposal January 2, 2026 Proposal(s) due no later than 2:00 P.M. Central Time Jan — Feb 2026 Proposal Check-In, Evaluations, and Oral Presentations (if required) February 2026 Commencement of contract negotiations with selected contractor(s) March 2026 Anticipated start date of contract

1.5. Contract Term

The contract term is for a total of five state fiscal years commencing from contract execution or an agreed-upon contract start date. Any period starting at contract execution or agreed upon contract start date that is less than a state fiscal year will not count toward the total number of state fiscal years. All contracts are subject to appropriation of funds by the Texas Legislature.

Contractors must not perform work before both parties have signed a contract. TEA will not pay for services the contractor performs for TEA prior to contract execution.

1.6. Budget

TEA may award one or more contracts from this solicitation. TEA reserves the right not to award a contract from this solicitation. Proposals must include a detailed Task, Activity, Deliverable, and Budget Plan, as described elsewhere in this solicitation and in Attachment E. TEA will not accept separate indirect cost rate calculations for this procurement. The proposed budget and payments to a contractor must be based on satisfactory completion and TEA acceptance of deliverables. The Task, http://www.txsmartbuy.com/esbd https://tea.bonfirehub.com/portal/?tab=openOpportunities mailto:HUBOffice@tea.texas.gov

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Activity, Deliverable, and Budget Plan must clearly identify proposed prices related to each proposed task, subtask, and deliverable for each fiscal year of the contract.

TEA will establish monthly invoicing procedures for the awarded contract(s) aligned to completion and acceptance of the deliverables. TEA will pay invoices upon satisfactory performance of services, receipt and acceptance of specified deliverables, and receipt of properly prepared invoices and supporting documentation.

1.7. Scope of Work, Project Description, and Project Requirements

The goal of the program is to increase the range of materials and titles available to students with print disabilities, thereby promoting literacy and equitable access for these students, and to raise awareness of these materials and provide the necessary training in the use of them.

A. Accessible Instructional Materials

1. The awarded contractor(s) must provide AIM that is student-ready and available in digital audio and digital text formats (e.g., by providing access to an online library of audio materials).

The alternative access to instructional materials should include descriptions of graphics in digital audio format with human voice or computer synthesized speech. If applicable, this option must include a method to provide simultaneous visual and audio access to instructional materials;

2. The awarded contractor(s) must provide access to materials at no cost to LEAs, campuses, and individual students;

3. The awarded contractor(s) may be required to produce additional titles at TEA’s sole discretion, to support agency initiatives;

4. The awarded contractor(s) must maintain master copies of all materials created during the contract period;

5. Materials created under any contract resulting from this solicitation shall be owned by TEA and upon contract termination. The master copy must provide audio access and, where practicable, simultaneous digital and audio access, and must adhere to DAISY 3 Structure Guidelines and EPUB 3 Accessibility Guidelines;

6. The awarded contractor(s) must ensure the delivery and sustainability of quality services to Texas students with disabilities who need AIM; and

7. The awarded contractor(s) must provide a detailed process to ensure quality assurance of all materials developed.

B. Educational Outreach

1. The awarded contractor(s) must provide marketing and distribution to reach students not currently receiving services through the program. Outreach can include, but is not limited to, meeting with Texas LEAs, teachers, Education Service Centers (ESCs), and other applicable

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Texas-based educational staff and organizations, providing professional development about AIM (directly or through webinars), participating in conferences or tradeshows, and direct outreach to LEAs. The awarded contractor(s) must also regularly update the TEA Office of Special Populations and Student Supports (specifically, the Special Education Technical Assistance Division and the Infrastructure and Systems Supports Division) on outreach efforts and collaborate with TEA staff to promote awareness of the program on Texas Sped Support and SPEDTex social media and email campaigns;

2. The awarded contractor(s) must provide clear messaging to Texas LEAs as to all outreach services available on the awarded contractor’s website, if applicable (such as having a Texas-specific landing page or clearly delineated tab or link for Texas LEAs); and

3. The awarded contractor(s) must collect, analyze, and monitor data regarding the effectiveness of their outreach and professional development activities provided. At a minimum, the awarded contractor(s) will be required to collect data around the number of LEAs and stakeholders contacted and/or outreach events attended.

C. Training and Assistance

1. The awarded contractor(s) must provide training to LEAs and other TEA-identified stakeholders in the use of AIM, as well as any applicable and available assistive technologies designed to provide appropriate access to students with print disabilities. Training may also include guidance on accessibility awareness, as well as federal and state requirements.

Assistance may include, but is not limited to, working with LEAs and TEA Special Education Technical Assistance team, as well as stakeholders such as publishers of instructional materials and representatives for assistive technology devices, to ensure students have access to needed materials and resources; and

2. The awarded contractor(s) must collect, analyze, and monitor data, as determined by TEA, regarding the effectiveness of specific training provided to stakeholders. At a minimum, the awarded contractor(s) will be required to collect data regarding student and educator use of contractor-created AIM and the number of LEAs receiving training in the use of AIM.

1.8. Project Deliverables and Milestones

A. Accessible Instructional Materials

1. Monthly data reports and information that support continuous improvement in the selection, acquisition, and use of AIM provided to LEAs;

2. Monthly reports of instructional materials provided to LEAs through TEA requests, such as supplementing TEA-developed open educational resources; and

3. Monthly reports of instructional materials provided to districts through educator requests, including books purchased and NIMAC-sourced books.

4. Monthly delivery of an updated project plan to be reviewed and approved by the TEA. Project plan should span the scope of the contract.

B. Educational Outreach https://spedsupport.tea.texas.gov/ https://www.spedtex.org/

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1. Contractor(s) must provide evidence of outreach to a minimum of ten LEAs each month, with the majority being new since the last reporting period;

2. Monthly reports of outreach activity to include, but not be limited to, contacts with LEAs, trade shows, conferences, and presentations or webinars to educational staff or TEA-designated stakeholders. This includes monthly delivery of an updated project plan to be reviewed and approved by the TEA. Project plan should span the scope of the contract.

3. Monthly vendor-facilitated meetings with TEA staff with minutes provided the following business day.

C. Training and Assistance

1. The awarded contractor(s) must provide training at a minimum of three events or presentation opportunities each year, including, but not limited to, providing webinars for LEAs, ESCs, or other audiences determined by TEA, or contractor-hosted events;

2. Training materials for use in outreach activity must be provided to TEA at least 30 days in advance for review and approval; timeframe required for approval may be amended by TEA, dependent upon purpose, audience, and delivery platform. Training materials must follow TEA branding requirements, where applicable, and be created in a manner that is useful for future reference, such as posting on TEA platforms or as deemed appropriate by the agency. TEA also may allow other vendors and ESCs to provide trainings using the materials; and

3. Monthly reports of training and assistance to include, but not be limited to, direct contact with LEAs, tradeshows, conferences, and presentations or webinars to educational staff or TEA-designated stakeholders. This includes monthly delivery of an updated project plan to be reviewed and approved by the TEA. Project plan should span the scope of the contract.

1.9. Collaboration

The awarded contractor(s) will collaborate closely with TEA staff for this project. These responsibilities include, for example:

Awarded Contractor Responsibilities:

• Engaging in ongoing, responsive communication about the project(s);

• Participating in scheduled project meetings;

• Working continuously on the project, including during summer months;

• Adhering to the Task, Activity, Deliverable, and Budget Plan, or other schedules for deliverables as specified by TEA after consultation with the awarded contractor, including proposed deadlines for draft work products;

• Notifying TEA within 48 hours of project-related issues that negatively impact timelines;

• Obtaining advance written approval from TEA prior to any staffing changes or additions, especially changes to key staff members assigned to this project;

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• Producing high-quality drafts of all submitted work products, reports, etc. with minimal typos and in alignment with applicable guidelines (branding, accessibility, reading level, etc.);

• Responding within 5 business days to all requests for feedback on work products and reports, etc.;

• Responding within 48 hours to inquiries regarding invoicing and document requests (as in the case of an audit);

• Adhering to policies and procedures regarding use of confidential data and data collection procedures;

• Adhering to policies and procedures regarding fingerprinting and criminal background checks prior to conducting any school visits, as applicable; and

• Adhering to all terms and conditions of the contract with TEA, for example, following the change management process for contract revisions; informing TEA of changes in ownership, key staff, or subcontractors; and immediately reporting actual or potential conflicts of interest to TEA.

TEA Responsibilities:

• Providing awarded contractor(s) and any subcontractors information on changes in legislation, reporting needs, or any other activities that may impact the project(s);

• Collaborating with the awarded contractor to address unforeseen developments, identify issues, and propose solutions;

• Coordinating support and resources for the project;

• Providing necessary data and documentation;

• Reviewing and approving the contractor’s deliverables, including training materials and reports;

• Reviewing use of data, data sources, data manipulation, data processing business rules, and analytic results;

• Monitoring the awarded contractor’s progress, as outlined in contractor-submitted monthly progress reports to ensure compliance with contract terms;

• Reviewing and approving monthly invoices (including disputing invoices as necessary and working with contractor to resolve disputes);

• Providing and coordinating feedback on all submitted reports;

• Monitoring the awarded contractor’s performance and compliance with the terms and conditions of the contract, including following the change management policy for all amendments and budget revisions;

1.10. Contract Monitoring and Dispute Resolution Procedures

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TEA monitors its contracts to ensure contractors adhere to the terms and conditions of their TEA contracts and to prevent fraud, waste, and abuse. TEA Contract Managers carefully review invoices to verify the following:

• Goods and/or services provided are included in the contract;

• Charges match the contract budget and pricing clearly ties to the task plan;

• Invoice charges are within scope, allowable, and reasonable;

• Invoice amounts are tied to specific contract tasks with enough supporting documentation to show that goods and/or services were received and were of acceptable quality; and

• Each invoice shows the contract number, purchase order number, dates of service, tasks, and pricing.

All pricing provided in the proposal should include a specific deliverable or a set of deliverables that demonstrate successful completion of activities. All activities must have documentation to support their completion. TEA reserves the right to reject goods or services which do not address the deliverables stated in the contract and do not meet TEA quality review.

In addition to carefully reviewing invoices prior to authorizing payment, TEA Contract Managers conduct ongoing contract monitoring activities depending on the nature and risk factors associated with the contract. Examples of standard contract monitoring activities include:

• Monitoring the contractor’s progress and performance to ensure goods and services conform to the contract requirements;

• Managing, approving, and documenting any changes to the contract through the change management process authorized by the terms of the contract;

• Maintaining documentation verifying that goods and/or services were reviewed and accepted;

• Monitoring the contract budget to ensure sufficient funds are available throughout the term of the contract;

• Identifying and resolving disputes with the contractor promptly;

• Exercising legal remedies, as appropriate, when a contractor’s performance is deficient; and

• Confirming all goods and/or services have been delivered and delivery is completed prior to the expiration date of the contract.

TEA will determine whether a contract should be subject to enhanced monitoring, an increased level of monitoring. For example, a contractor who has access to sensitive data or contact with students may be subject to enhanced monitoring. In addition to the responsibilities that come with standard contract monitoring, Contract Managers may implement any of the following examples of enhanced monitoring measures:

• Developing a Quality Assessment Plan (QAP) to document contract monitoring activities;

• Conducting site visits to a contractor’s facility;

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• Holding regular project management meetings with contractors to ensure the project is meeting established milestones and deadlines;

• Reviewing contractor-prepared progress reports;

• Reviewing satisfaction surveys from training attendees or other quality assurance reports;

• Implementing a corrective action plan if contractor is not meeting contract performance expectations;

• Monitoring contractor performance and invoking applicable remedies for contract breaches

(for example, liquidated damages assessed for service level agreement breaches); and

• Monitoring contractor’s access to sensitive data and ensuring data is handled properly and returned or destroyed at the end of the contract, as appropriate.

TEA expects contractors to support these monitoring efforts including responding promptly to requests for documentation and working together in good faith to resolve disputes.

In the event of a dispute, TEA will make every effort to resolve the issue(s) with contractor’s project staff before escalating to executive-level management. Throughout the dispute resolution process, the parties should make a good faith effort to work together toward a mutually beneficial resolution.

Resolution may include corrective action plans, substitutions, liquidated damages, or other remedies, as appropriate.

2. Submission Process and Instructions

2.1. Proposal Format

Contractors must submit a complete proposal and follow all instructions contained within this solicitation. Proposals with conditional clauses, alterations, or irregularities are subject to rejection by TEA at its sole discretion. Contractors must submit proposals electronically through the Bonfire portal and ensure TEA receives them no later than the deadline stated in the Anticipated Schedule of Events. TEA will not accept late proposals.

Proposal Format and Requirements:

• Contractor must download all files under Public Files to prepare your submission.

• Complete and upload all required documents listed under the Requested Information section in Bonfire.

• The file name should be short but descriptive and avoid special characters. Use capital letters, hyphens, or underscores instead of spaces or periods. (i.e., 2X-0XX_CompanyName_Proposal).

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• Contractors must ensure an authorized representative sign all required forms and those signatures are included in the electronic file (digital signatures or scanned ink signatures are both acceptable).

• The contractor must sign the Execution of Offer contained within Attachment B. By signing the Execution of Offer, the contractor affirms that all statements within the proposal are true and correct. Discovery of any false statement in the proposal may void the submitted proposal or any resulting contracts.

• Contractors must submit proposals electronically via Bonfire.

2.2. Electronic Submission Process

Submission via Bonfire

TEA will only accept proposals using the Bonfire electronic bidding portal as a secure electronic submission method. Please upload your submission at Texas Education Agency Bonfire Portal.

Proposals will not be accepted by email or facsimile.

Once uploaded, the Bonfire platform will notify TEA of the upload. The file(s) will be date and time-stamped upon upload and the system will provide a confirmation number to the contractor’s email address. Contractors are advised to plan accordingly to ensure TEA receives the proposal ahead of the deadline. Once the close date has passed, you will not have an opportunity to change any of the submitted documents.

***Please note the location, type, and requirements of these forms. Failure to submit required documents will result in a contractor’s disqualification from consideration for this procurement. Forms must be submitted in the specified location in Bonfire.***

Intent to Submit Proposal

TEA requests contractors notify TEA as soon as possible of their intent to submit a proposal on the Bonfire platform. Toggle the “Intent to Bid” checkbox in Bonfire to confirm the intent to submit a proposal. Notifying TEA of an intent to submit a proposal in no way obliges the filer to submit a proposal. You will not be able to prepare a submission unless you submit 'Yes.

2.3. Communication

To protect the integrity of the procurement process, contractors must adhere to the communication procedures outlined in this solicitation.

Bonfire Registration https://tea.bonfirehub.com/portal/?tab=openOpportunities

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To contact TEA or ask questions in relation to this solicitation, contractors must register on https://tea.bonfirehub.com and initiate the communication electronically through the Vendor Discussions section.

To assist with registration, submission of a response, and learning how to get started with Bonfire, watch this training video. For questions or support when using the platform, access the Bonfire online knowledge base, search the FAQ, or contact the Bonfire support team at support@gobonfire.com.

Limited Contact Policy

Contractors must send all communications about this solicitation via Bonfire, Vendor Discussions Section at https://tea.bonfirehub.com. Contractors may contact the TEA Historically Underutilized Business (HUB) office at HUBOffice@tea.texas.gov for the purpose of addressing HUB and HUB Subcontracting Plan (HSP) questions only.

TEA will not accept phone inquiries regarding this procurement.

Non-procurement staff at TEA may not discuss this procurement with outside parties. If a potential contractor fails to observe this prohibition or attempts to circumvent the limited contact policy, their proposal may be subject to disqualification.

The limited contact policy does not apply to discussions concerning matters unrelated to this procurement, including business related to current contracts with TEA.

Question and Answer Process

Contractors may submit questions within the date and time specified in the Anticipated Schedule of Events. Any questions or needed clarifications pertaining to this solicitation shall be submitted through Bonfire Opportunity Q&A. TEA will compile questions and related responses into one or more addenda documents and post them on the Bonfire platform and on the ESBD. It is the vendor’s responsibility to obtain any addenda documents on Bonfire. Please check for addenda before submitting.

Communication after the Proposal Due Date

Between the proposal due date and contract execution, TEA may communicate with vendors to:

- Seek clarification regarding proposal(s).

- Invite contractors to participate in oral presentations.

- Conduct negotiations, including requesting a potential contractor’s best and final offer

(BAFO).

- Exchange information required to facilitate a potential contract award.

https://tea.bonfirehub.com/ https://vendorsupport.gobonfire.com/hc/en-us/articles/7322917689367-Creating-a-Bonfire-Account-VIDEO https://vendorsupport.gobonfire.com/hc/en-us/categories/6796320852247 https://vendorsupport.gobonfire.com/hc/en-us/categories/6796320852247 mailto:support@gobonfire.com mailto:HUBOffice@tea.texas.gov

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TEA will notify all contractors of the award or non-selection upon contract execution. The Limited Contact Policy remains in force until all contract(s) from this solicitation have been executed.

2.4. Proposal Requirements

TEA will not consider late or incomplete proposals. Proposals that address only part of the requirements of this solicitation are non-responsive.

Failure to formalize the terms of the response by signing the Contract Terms, Conditions and Affirmations, Response Preferences, and Execution of Offer will result in disqualification of the offer contained within the response.

Contractors must carefully review and complete all forms within the solicitation. TEA encourages contractors to review TAC § 20.285 regarding the good faith effort requirements of the HSP and to reach out to the HUB Office at HUBOffice@tea.texas.gov with questions. Failure to comply with HUB requirements, including correctly filling out all HUB related forms, will result in disqualification.

TEA reserves the right to reject proposals and to negotiate portions thereof, including the proposed Task, Activity, Deliverable, and Budget Plan and identified personnel.

Contractors must furnish clarifying information to TEA if requested. Failure to provide the requested material or information may disqualify the proposal.

The selected contractor must collaborate with TEA staff to clarify the project design, design of the materials, project activities and/or other work products, and modify these items, if necessary.

All proposals received in response to this solicitation are the property of TEA. TEA is not liable for any costs incurred in the preparation or submission of a proposal.

Texas Bidders Affirmation

Respondent certifies that if a Texas address is shown as the address of the Respondent on this Response, Respondent qualifies as a Texas Bidder as defined in Section 2155.444(c) of the Texas Government Code.

Texas Public Information Act

Proposals submitted in response to this solicitation are subject to release under TGC, Chapter 552, Public Information Act. If TEA receives a Public Information Act request for proposal(s) received under this solicitation, contractors may have the opportunity to demonstrate that some or all their proposal falls into one or more exceptions to disclosure. Contractors should indicate on the proposal cover questionnaire (Attachment D) if their submission contains proprietary information and identify the specific sections within the proposal that are proprietary. It is not sufficient to mark every page as confidential; rather, contractors should identify specific information or sections as proprietary.

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=285 mailto:HUBOffice@tea.texas.gov https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm

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Historically Underutilized Business (HUB) Subcontracting Plan (HSP)

In alignment with state law and public policy, TEA encourages contracting and subcontracting opportunities for HUBs in all contracts. If TEA determines that subcontracting opportunities are probable, then a HUB Subcontracting Plan (HSP) is a required element of the proposal.

Statement of Probability

TEA has determined that subcontracting opportunities are probable in connection with this procurement. Therefore, ALL contractors must submit an HSP in their proposal. Proposals that do not include an HSP will be rejected for non-compliance.

If the contractor is itself a HUB, the HSP is still required to identify the percentage of the work to be performed by subcontractors and document whether the contractor is self-performing or made a good faith effort to subcontract work to other HUBs.

If the contractor (HUB or non-HUB) is not subcontracting any portion of the work, the Self Performance portion of the HSP must be completed and returned with the proposal.

The contractor shall develop and administer the HSP as a part of the proposal in accordance with the TEA policy on utilization of HUBs and State law. The contractor must make a good faith effort and solicit a minimum of three Texas-certified HUBs from the State’s Centralized Master Bidders List (CMBL) / HUB Directory for work that they cannot complete with their own staff and resources. The contractor must also notify minority or women trade organizations or development centers of subcontracting opportunities. Additional requirements are listed in Attachment C. In addition to a completed HSP, contractors planning to subcontract portions of their work for TEA are required to provide supporting documentation to support good faith efforts under Method A or Method B (for example, emails between the contractor and potential subcontractors, trade organizations, and development centers).

The HSP will be incorporated into the contract between TEA and the selected contractor.

HUB Subcontracting Goal

The HUB subcontracting goal for this procurement is 26.0% minority-owned, woman-owned, and/or service-disabled veteran-owned business participation.

TEA encourages contractors to collaborate with the HUB Office to develop mentor-protégé opportunities. Under 34 TAC § 20.298, a contractor’s participation in a Mentor-Protégé Program under TGC § 2161.065, and the submission of a protégé as a subcontractor in the HUB subcontracting plan constitutes a good faith effort for the work to be subcontracted with the protégé.

HUB Subcontract Progress Assessment Reporting

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The contractor will be responsible for maintaining business records documenting compliance with HUB Program requirements. The contractor must submit a Progress Assessment Report (PAR) monthly documenting all subcontractor payments made in the preceding month. Submission of the PAR is a condition for payment. PARs are due no later than the 10th day of the following month. The PAR must be submitted monthly, even if no subcontracting activity occurred during the month, to TEA’s HUB Office at HUBOffice@tea.texas.gov.

How to Find Texas Certified HUBs for Subcontracting Opportunities

Manufacturers, suppliers, and other vendors, including Historically Underutilized Businesses, may be found on the Centralized Master Bidders List (CMBL) / HUB Directory at:

https://comptroller.texas.gov/purchasing/vendor/cmbl/. Vendors are listed by the National Institute of Governmental Purchasing (NIGP) commodity codes for which they’ve self-identified as related to the service and/or goods they provide. TEA has identified the following sample list of NIGP commodity codes that may be related to this solicitation, but each contractor is responsible for identifying the subcontracting needs for their unique proposal.

1. Class Code: 710 – Prosthetic Devices, Hearing Aids, Auditory Testing Equipment, Electronic Reading Devices, Etc.

Item: 52, Audio Equipment for the visual and hearing impaired

Item: 92, Reading Devices (for the vision impaired)

2. Class Code: 715 – Publications, Audiovisual Materials, Books, Textbooks, Prepared Materials Only Item: 04, Audio and Video Books, Digital

3. Class Code: 915 – Communications and Media Related Services

Item: 25, *Captioned Services

Item: 85, *Voice Carry Over

4. Class Code, 924 – Educational and Training Services Item: 18, Educational Services, Alternative

Item: 19, Educational Research Services

5. Class Code, 961 – Miscellaneous Services, No. 1 https://comptroller.texas.gov/purchasing/vendor/cmbl/ https://cmblreg.cpa.state.tx.us/commodity_book/Comm_book_class.cfm?class_code=966 https://mycpa.cpa.state.tx.us/commbook/classItemDetails/961

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Item: 53, *Marketing Service, Including Distribution, Public Opinion Surveys, Research, Sales Promotions, etc.

2.5. Conflict of Interest

An entity will not be selected if it has a conflict of interest that will or may arise during the performance of its obligations under the contract. The contractor must disclose any existing or potential conflicts of interest or possible issues that might create appearances of impropriety relative to the submission of a proposal by the entity and its proposed subcontractors. The contractor must complete the Conflict of Interest Analysis Form in Attachment G. TEA prefers that the supporting documents identified in Attachment G be included where highlighted on the last page of the attachment.

Failure to provide this information will result in disqualification from further consideration.

As part of this disclosure requirement, each proposal must include all past and present contractual, business, financial, or personal relationships between the contractor or contractor’s staff and TEA and between the contractor’s planned subcontractors or such subcontractor’s staff, if any, and TEA.

Failure to disclose the identities of known subcontractors in Attachment G will subject a proposal to disqualification.

For purposes of this disclosure requirement:

• “Past” means within the two calendar years prior to the deadline for submission of proposals in response to this solicitation;

• “TEA” means the statewide elected official who heads TEA, as well as TEA’s employees or recent former employees;

• “Recent former employee” means a TEA employee who has terminated TEA employment within the two calendar years prior to the deadline for submission of proposals in response to this solicitation;

• “Personal relationship” means a current or past connection other than a clearly contractual, business, financial, or similar relationship and includes family relationships or other connections outside simply providing a response to this solicitation; and

• For this purpose, “family relationship” means a relationship within the third degree of consanguinity or second degree of affinity. TGC Chapter 573 defines these degrees of consanguinity and affinity.

Connections other than such family relationships fall within this definition and must be disclosed, if:

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• A reasonable person could expect the connection to diminish the contractor’s independence of judgment or effectiveness in the performance of its responsibilities to TEA or the State under the contract; or

• If a reasonable person could expect the connection, within the overall context of the contractor’s submission of a proposal, possible selection for an award, or its performance of the contract, to create an issue for TEA’s consideration relative to a potential appearance of impropriety or conflict of interest.

For each item, contractor must provide a detailed explanation as to why the entity does or does not believe such item poses a conflict of interest, potential conflict of interest, or appearance of impropriety relative to submission of a proposal, possible selection as contractor, or its performance of the contract.

The contractor must certify compliance with TGC § 669.003, relating to contracting with the executive head of a state agency. If TGC § 669.003 applies, the contractor must provide the following information: name of former executive; name of state agency; date of separation from state agency;

position with the contractor; and date of employment with the contractor. The contractor agrees that it has a continuing duty to supplement its proposal under this provision and that the duty to disclose any conflicts of interest is an ongoing obligation throughout the term of the contract. The contractor must submit updated information as soon as reasonably possible upon learning of any updates that are required to these mandatory disclosures.

Certificate of Interested Parties Form 1295

A state agency may not enter into certain contracts with a business entity unless the business entity submits a certificate of interested parties form. Subject to the exemptions found in TGC § 2252.908(c), the law applies to any state agency contract that either: (i) requires an action or vote by the governing body of the state agency or entity before the contract may be signed; or (ii) has a value of at least $1 million.

The Form 1295 is not required to be submitted with the proposal. The vendor recommended for an award will be required to submit Form 1295 electronically through the Texas Ethics Commission’s website. An authorized agent of the contractor must sign the printed form. TEA will notify the Texas Ethics Commission of receipt of the filed Form 1295 as required.

3. Proposal Format and Content

Contractors must submit Responses in the specified location, file type, and requirements listed on the Bonfire portal. Forms requiring signatures must be signed (digital signatures or scanned ink signatures are both acceptable). Responses may be deemed non-responsive if requested documents are not https://statutes.capitol.texas.gov/Docs/GV/htm/GV.669.htm#669.003 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2252.htm#2252.908 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2252.htm#2252.908

Page | 21 submitted. Responses must also be submitted in a manner that does not carry any personal benefit or value for members of the evaluation team or other TEA staff.

Responses must include a completed Attachment D: Proposal Cover Page Questionnaire.

3.1. Requested Information

Proposals should be organized, indexed, and clearly labeled according to the contents below. Bonfire provides a Requested Information section to assist contractors with including all required information in their responses and to assist the evaluation team during their review of the proposals. The contractor should refer to the appropriate section of this solicitation for detailed information on the items listed in the checklist. Failure to provide the required information will result in the disqualification of the proposal from consideration.

Requested Information Proposal Cover Page Questionnaire Attachment D, Q-02FX Table of Contents N/A Understanding of the Project, Methodology, and Technical Components

Section 3.2

Management Plan, Experience, and Qualifications Section 3.3 Task, Activity, Deliverable, and Budget Plan Section 3.4, Attachment E Signed Contract Terms, Conditions and Affirmations, Response Preferences, and Execution of Offer

Attachment B

HUB Subcontracting Plan and Supporting Documentation Attachment C Conflict of Interest Analysis Form including all attachments (i.e., organization charts, resumes, etc.)

Section 2.5, Attachment G

3.2. Understanding of the Project, Methodology, and Technical Components

The proposal must communicate an understanding of services relevant to this project and organizational experience in the areas of the project. The proposal must also describe the tasks to be performed, identify potential problems in the execution of the project, and provide methods to identify and solve such problems. The contractor must describe clearly, specifically, and as completely as possible, the methodology for carrying out the objectives and requirements of the project.

The proposal must describe the project design, project activities, deliverables, materials, and other goods and/or services, and reports to be generated during the contract period and show how they advance the purposes and specifications described in this solicitation. Technical evidence relating to

Page | 22 the contractor's ability to perform the proposed services should be sufficiently detailed within the proposal. The overall quality of these components and of the proposal itself will be considered.

TEA expects that proposals will also contain the following:

A. Access to view complete list, including title, author, copyright date, and available formats and/or features of AIM contained in the proposer’s existing library.

B. Instructions and temporary access for six reviewers to the proposed platform and/or applications containing available accessible instructional materials (e.g., the online library) and any other features that students will typically use. If applicable, this option must include a method to provide simultaneous visual and audio access to instructional materials

C. Information about any additional formats available, such as braille-ready files, the proposer can provide.

D. Details about how users will access resources.

E. Description of the enrollment process and other details about how users will gain access to the accessible instructional materials.

Failure to provide a response to the requirements in this section will result in the disqualification of the proposal from consideration.

3.3. Management Plan, Experience, and Qualifications

The contractor must provide satisfactory evidence of its ability to manage and coordinate the types of tasks, activities, and deliverables described in this solicitation and to produce the specified good and/or service on time and with high quality. At a minimum, the contractor must include the following information:

• The contractor’s organizational chart (with names and titles) and a description of its management structure;

• Evidence of the ability to perform the tasks described in this solicitation;

• Evidence, to include samples, of successful past performance for similar projects;

• Number of years the contractor has provided the type(s) of services described in this solicitation;

• Name and detailed resume of the proposed Project Manager(s) who will direct the overall project throughout the duration of the contract, if awarded;

• Names and resumes for each member of the proposed project team including the time allocations proposed personnel will devote to fulfillment of the contract. (Resumes of all

Page | 23 project staff members shall be submitted as an appendix. If the resumes include references, the references will not be considered in the review.); and

• Names, resumes and organizational chart(s) of all proposed subcontractors and who will participate in the project;

• At least three similar project experiences within the past five years similar in size, scope, and complexity to the one described in this solicitation. Contractors should also include information about current and/or past TEA contracts and project managers; however, TEA projects are optional and may be provided in addition to other project examples. The proposal must include a description of each project and include at least one customer reference contact per project, including current contact information. For each reference provided, the proposal should include the:

o Organization/Company name, point of contact with the current telephone number and email address;

o Industry/subject focus, project description, implementation dates and total contract value; and o Key milestones and deliverables

• TEA may contact references to verify past performance such as:

o Quality of deliverables, methodology and timeliness/adherence to schedule and budget;

o Business conduct and innovation;…