CSP023678_Amendment_1.pdf

Index No.: EDU109 Contract No.: CSP023678 Eff. Date: 08/19/24

STATE OF OHIO

DEPARTMENT OF ADMINISTRATIVE SERVICES

GENERAL SERVICES DIVISION

OFFICE OF PROCUREMENT SERVICES

4200 SURFACE ROAD, COLUMBUS, OH 43228-1395

AMENDMENT FOR CHANGE

AMENDMENT NO. 1

TO: LIMITED DISTRIBUTION - OHIO DEPARTMENT OF EDUCATION

FROM: KATHLEEN C. MADDEN, DIRECTOR, DEPARTMENT OF ADMINISTRATIVE SERVICES

SUBJECT: CONTRACT FOR NATIONAL JOB SKILLS ASSESSMENT

Attached are pages 1, 4, 5, 6 and 7 to this contract. Remove these pages from the existing contract and replace with the attached pages on the effective date.

This amendment is issued to notify of a contract assignment from ACT, Inc. to ACT Education Corp., to update the contract number and contractor information, and to add a Summary of Amendments page, effective 08/19/24.

All other prices, terms and conditions remain unchanged.

This Amendment, the main Requirements Contract and any additional amendments thereto are available from the DAS Web site at the following address:

http://www.ohio.gov/procure

Affected Contractor(s):

0000102679 ACT, Inc.

500 ACT Drive PO Box 168 Iowa City, IA 52243 Rose.Babington@act.org

0000324973 ACT Education Corp.

500 ACT Drive PO Box 168

Blake.Curwen@act.org

STATE OF OHIO

DEPARTMENT OF ADMINISTRATIVE SERVICES

GENERAL SERVICES DIVISION

OFFICE OF PROCUREMENT SERVICES

4200 SURFACE ROAD, COLUMBUS, OH 43228-1395

MANDATORY USE CONTRACT FOR: NATIONAL JOB SKILLS ASSESSMENT

CONTRACT NUMBER: * CSP023678 EFFECTIVE DATES: 09/30/22 TO 06/30/26

The Department of Administrative Services has accepted Proposals submitted in response to Request for Proposal (RFP) No.

SRC0000002207 that opened on 06/17/22. The evaluation of the Proposal responses has been completed. The Offeror listed herein has been determined to be the highest ranking Offeror and has been awarded a Contract for the services listed. The respective Proposal response including, Contract Terms & Conditions, any Proposal amendment, special Contract Terms & Conditions, specifications, pricing schedules and any attachments incorporated by reference and accepted by DAS become a part of this Services Contract.

This Requirements Contract is effective beginning and ending on the dates noted above unless, prior to the expiration date, the Contract is renewed, terminated, or cancelled in accordance with the Contract Terms and Conditions.

This Requirements Contract is available to the Ohio Department of Education as applicable.

The agency is eligible to make purchases of the contracted services in any amount and at any time as determined by the agency. The State makes no representation or guarantee that department will purchase the volume of services as advertised in the Request for Proposal.

This Requirements Contract and any Amendments thereto are available from the DAS Web site at the following address:

www.ohio.gov/procure

* Amended to update contract number, per Amendment 1, effective 08/19/24.

Page No.: 4

MUTUALLY AGREED UPON CLARIFICATIONS

The State of Ohio and *the Contractor have agreed to the following:

A. In the RFP, the Agency requested sample layouts for reports that will be provided to the Agency and districts/schools, which applies to both the reports that the Contractor will provide to the Agency and districts/schools directly and to reports that would be accessed online by the Agency and districts/schools. *The Contractor did not include these sample reports with their Proposal but provided them during the clarification process.

ACT, Inc. provided clarification on the reports available in the WorkKeys Online Reports Portal, an application program that interfaces with the Validus system. The Online Reports Portal is where various types of examinee score reports may be generated and exported to be saved and printed locally. It is accessible only to users with the role of Portal Manager on their Validus account. Reports are available in the Reports Portal two business days after scoring takes place.

“Group” reports only apply to ACT WorkKeys tests taken online.

Information on what the reports show and how the report can be used, as well as a PDF format of each report and a PDF of the data file layout for the State data file provided to ODE on a quarterly basis, are provided in the document entitled “Request for Clarification Rd 2 OH National Job Skills Assmt ACT 090122.pdf” and is incorporated here by reference.

B. The ACT WorkKeys Testing Program District Terms and Conditions is the form of agreement which *the Contractor uses to contract with the Schools and Districts that desire to use the WorkKeys Assessments. *The Contractor understands that the Agency has made one edit within the document, which *the Contractor can accept. *The Contractor also made an edit to that agreement template to provide notice to the Schools and Districts that they are obligated to provide the student SSID when registering each student, in order to receive reimbursement from ODE. *The Contractor also agrees that the ACT WorkKeys Testing Program District Terms and Conditions is still considered a draft document, subject to *the Contractor and the Agency discussing the content of the form with the Agency reserving the right to propose alternate terms within the document. *The Contractor will work with the Agency on the terms prior to disseminating it to districts. Generally, a school or district is only required to agree to the ACT WorkKeys Testing Program District Terms and Conditions at the start of the contract between *the Contractor and the Agency. To the extent *the Contractor requires a school or district to agree to any updated terms, *the Contractor will review the updated terms with the Agency prior to dissemination to schools or districts.

C. To ensure clarity, the State Data shall be defined to include the data which the State provides to *the Contractor as part of the services. The assessment scores, results, and certificates generated as part of the proprietary assessment services provided by *the Contractor are not “State Data.” Rather, *the Contractor retains ownership of the score data to ensure it can protect the validity of the assessments. Furthermore, *the Contractor may use and disclose the data collected from the administration of the Assessments, as set forth in *the Contractor’s Privacy Policy available at https://www.act.org/privacy, as amended from time to time.

D. *The Contractor agrees to notify the State within twenty-four (24) hours of a potential breach of State Data, followed by an action plan no more than seventy-two (72) hours after confirmation of a data privacy breach.

E. *The Contractor agrees to update the ACT WorkKeys Testing Program District Terms and Conditions to include clear instructions indicating that districts must include a student’s SSID during registration in order for the district to be reimbursed by the Agency. Because this is a required field, the test coordinator will not be able to complete the registration process without entering this information for each student. Upon award of the Contract, the Agency and *the Contractor will collaborate to finalize the additional language proposed by *the Contractor prior to disseminating the District Terms and Conditions to districts.

F. *The Contractor will do the following to work with districts and schools and their staff to ensure that all assessment registration submissions include the student’s SSID: The school or district test coordinator will create examinee accounts individually in the system or through a batch load using a web-interface. The test coordinator will enter the student’s SSID in the Examinee ID field in the user creation screen or batch load file. The system requires the Examinee ID to be entered before the user can continue. *The Contractor will not auto fill the Examinee ID. *The Contractor will not generate an alternate placeholder ID. This is a required field and cannot be left blank. *The Contractor will work with the Agency upon award of the Contract to modify the templates that are currently used for this program, and to document the process that schools and districts can follow if they mistakenly enter an incorrect Examinee ID.

G. *The Contractor will develop a process to communicate with the Agency when new schools are signed up to use the assessment testing service under this Contract. This will include the onset of the school year and the event of enrollment during the school year. For any new site which completes a district agreement with *the Contractor that did not order the previous year, *the Contractor will notify the Agency by email. *The Contractor will work with the Agency to identify what information *the Contractor shall provide to the Agency as part of this email communication.

H. For this Contract, a subcontractor is defined as a third party engaged by the Contractor specifically to perform a portion of the services for the State set forth in this Contract and is not applicable to the Contractor’s suppliers and vendors that provide service across all of the Contractor’s customers.

* Amended to update the contractor’s name, per Amendment 1, effective 08/19/24.

https://www.act.org/privacy

Page No.: 5

COST SUMMARY

National Job Skills Assessment

* CSP010679

UNSPSC CATEGORY CODE: 86132200

DESCRIPTION UNIT OF

MEASURE

COST

Contract Effective Date – June 30, 2023

July 1, 2023 – June 30, 2024

July 1, 2024 – June 30, 2025

July 1, 2025 – June 30, 2026

Individual WorkKeys Test Cost (to be paid by districts) Each $11.25 $11.75 $12.25 $12.75

* Amended to update contract number, per Amendment 1, effective 08/19/24

Page No.: 6

CONTRACTOR INDEX

CONTRACTOR AND TERMS: CSP CONTRACT NO.: * CSP023678

** 0000324973 ** ACT Education Corp. TERMS: Net 30 500 ACT Drive PO Box 168

CONTRACTOR'S CONTACT:

** Blake Curwen ** Telephone: (319) 471-0593 ** Vice President, Client Relations ** E-Mail: Blake.Curwen@act.org

* Amended to update contract number, per Amendment 1, effective 08/19/24.

** Amended to update contractor information, per Amendment 1, effective 08/19/24.

mailto:Blake.Curwen@act.org

* Page No.: 7

SUMMARY OF AMENDMENTS

Amendment Number

Effective Date Description

1 08/19/24 This amendment is issued to notify of a contract assignment from ACT, Inc. to ACT Education Corp., to update the contract number and contractor information, and to add a Summary of Amendments page, effective 08/19/24.

* Amended to add a Summary of Amendments page, per Amendment 1, effective 08/19/24.