CSP901818_Revised_Contract_.pdf

Index No.: EDU044 Eff. Date: 8/1/25 Page No.: 1

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: VALUE – ADDED ANALYSIS AND REPORTING

CONTRACT NUMBER: CSP901818 EFFECTIVE DATES: 01/01/18 TO 06/30/21

* Renewal through 08/31/25

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

CSP901818 that opened on 10/30/17. 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

* Indicates one month renewal, effective 8/1/25 through 8/31/25, per Amendment 8.

Eff. Date: 01/01/18

MUTUALLY AGREED UPON EXCEPTIONS AND CLARIFICATIONS

OWNERSHIP. Contractor shall use SAS software products (“Software”) to provide EVAAS analyses and reporting, including but not limited to any web reporting and any specialized or customized report formats or data analyses, showing of student achievement data for potential summative and formative use from test data (“Reports”). Contractor hereby grants the State a limited, nontransferable, nonexclusive, royalty-free license to (i) use any website established and maintained by Contractor, (ii) receive the benefits of the Software, via the Reports, used by Contractor to produce the Reports, and (iii) use any Reports delivered to the State pursuant to the Contract. The Reports, Contractor’s time, and the licenses granted herein shall be the sole deliverables provided to the State hereunder. Nothing herein grants the State a license to access or use the Software.

Contractor shall retain exclusive ownership of the Software, any website established by Contractor to deliver any Reports to the State, and the Reports, including any intellectual property rights embodied therein. The license granted with respect to any website established and maintained by Contractor shall terminate upon expiration of this Contract. The licenses granted by Contractor in connection with the right to receive the benefit of the Software, via the Reports, and the use of any Reports, are perpetual. Contractor retains ownership of all tools, methods, techniques, standards, and other development procedures, as well as generic and preexisting shells, subroutines, and similar material incorporated in any Deliverable.

MINIMUM SCOPE AND LIMIT OF INSURANCE.

The Insurance obligations under this agreement shall be the minimum Insurance coverage requirements and/or limits shown in this agreement.

The insurance policies are to contain, or be endorsed to contain, the following provisions:

Primary Coverage Except with respect to Professional Liability, including Errors and Omissions and Cyber Liability, for any claims related to this contract, the Contractor's insurance coverage shall be primary insurance. Any insurance or self- insurance maintained by the State of Ohio, its officers, officials and employees shall be excess of the Contractor's insurance and shall not contribute with it.

Waiver of Subrogation Except with respect to Professional Liability, including Errors and Omissions and Cyber Liability, Contractor hereby grants to State of Ohio a waiver of any right to subrogation which any insurer of said Contractor may acquire against the State of Ohio by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the State of Ohio has received a waiver of subrogation endorsement from the insurer.

Claims Made Policies If any of the required policies provide coverage on a claims-made basis:

The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

Insurance must be maintained, and evidence of insurance must be provided for at least three (3) years after completion of the contract of work.

If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting'' coverage for a minimum of five

(5) years after completion of contract work. The Discovery Period must be active during the Extended Reporting Period.

Verification of Coverage Contractor shall furnish the State of Ohio with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the State of Ohio before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them.

Special Risks or Circumstances Subject to mutual agreement of the parties, the State of Ohio reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances

Eff. Date: 08/04/20

MUTUALLY AGREED UPON CHANGES

The Contractor and ODA have mutually agreed to several changes to the Contract due to the COVID-19 public health emergency. The parties have agreed to the following regarding the 2019-2020 school year (SY):

• Deliverable 1. Accountability System Value-Added and Student Reports o Contractor has completed several aspects of work from Deliverable 1. Agency has paid $925,715 in February 2020 and paid $462,857.50 in March 2020 for work relating to Deliverable 1 for the 2019-20SY. Deliverable 1, OAKS Item #33724, has been paid in full for Fiscal Year (FY) 2020.

o Contractor will continue to continue working on what the Agency refers to as the Student Success Summary for the 2019-20SY in the first half of FY21. This report is related to Student Reports 7b (student test history) and 7c (student projection reports) on Page 21 of the RFP. Contractor will provide the following:

▪ A student test history showing all prior years’ tests taken through the 2018-19 school year;

▪ Student projections to show probabilities of reaching the various ranges of scores on tests taken in the current school year (2020-21) and the following school year (2021-22); and

▪ For students who are in the 7th grade and higher in the 2020-21SY, a projection on the probability the student will score remediation free on the ACT and SAT o Contractor will continue to maintain its existing material and web application.

o OAKS Item#33724 has been updated to reflect that FY21, as pertains to the 2019-20SY, will not apply. A new OAKS Item Number has been created for the work necessary under Deliverable 1, as well as Deliverable 5, for the 2019- 20SY in FY21.

o OAKS Item# 33724 will remain $2.00 per student for FY21 as it pertains to the 2020-21SY.

• Deliverable 2. Dropout Recovery Measure o Due to no 2019-20SY testing being administered, Contractor is unable to complete this work to be invoiced in FY21.

The Contractor will not provide work related to this deliverable for the 2019-2020 school year. OAKS Item# 33725 for FY21 is updated to reflect this change.

• Deliverable 3. Research and Development (R&D) o Contractor will not perform any additional R&D activities in FY20 that fall within Deliverable 3. The Contractor has used 22.5 days of the 60 days remaining for FY20. The Agency does not authorize further work by the Contractor that requires use of the remaining balance of the R&D days in FY20. Contractor shall bill the Agency for the 22.5 days used at the FY20 rate on the Cost Summary page for OAKS Item# 33726.

o From July 2020 through December 2020, 175 R&D days will be available for working on simulations. This work shall fall within Research and Development during that time period (OAKS Item# 33726).

o From January 2021 through June 2021, allocation of 60 additional R&D days will not be changed.

• Deliverable 4. Demonstration Site o The Demonstration Site is to remain populated and available to any who has a username and password for the Site.

• Deliverable 5. Teacher and Principal Evaluation Value-added and Teacher Reports o Contractor will not provide value-added statistics and reports related to this deliverable for the 2019-2020 school year.

o OAKS Item#33728 has been updated to reflect that FY21, as pertains to the 2019-20SY, will not apply. A new OAKS Item Number has been created for the work necessary under Deliverable 5, as well as Deliverable 1, for the 2019- 20SY in FY21.

o Contractor will continue to maintain its existing material and web application.

• Due to the continued need of the web application and continued maintenance of existing reports and material, the cost of the continued work for Deliverable 1 and Deliverable 5 for the 2019-20SY has been identified as $891,427.50. This is reflected on the Cost Summary Form as OAKS Item# 38471, Value-Added Reporting for Remainder of 2019-2020 School Year Data. This cost shall only be applicable for FY21 for the 2019-20SY. This includes maintaining the web application and continued work on reports as described above for Deliverable 1.

Eff. Date: 07/01/23

MUTUALLY AGREED UPON CHANGES CONT

The Contractor and ODA have mutually agreed to several changes to the Contract due to the COVID-19 public health emergency. The parties have agreed to the following changes to Deliverables for the third and fourth quarter 2022 Fiscal Year (FY22) and the full 2023 Fiscal Year (FY23). Should this contract be renewed, the changes will apply to the 2024 Fiscal Year

(FY24).

• “Learning Loss” Diagnostic Reports: Contractor will develop additional analysis and simulations for the Agency to look at the impact of the pandemic on students and create several new “Learning Loss” diagnostic reports in the secure website to help educators see the change in student achievement and growth so that the educators can design a plan to get students back on track. The development of these reports will be part of Deliverable 3 and the housing of the reports on the website will be part of Deliverable 1.

• “Extensive Training Program”: Contractor will provide training for the Educational Service Centers (ESCs) and the State Support Teams (SSTs) to help the staff become well-versed with the data on the Contractor’s website. The development of the training, as well as delivery of the training, will be part of Deliverable 3.

• Deliverable 1. Accountability System Value-Added and Student Reports o In addition to the current requirements of Deliverable 1, the Contractor will house the “Learning Loss” diagnostic report within the Contractor’s comprehensive website.

• Deliverable 3. Research & Development (R&D) o An additional 120 days per FY for R&D activities will be available. This is in addition to the already existing 120 days available. The additional days are available for producing the “Learning Loss” diagnostic reports and for development of “Extensive Training Program.” Should the contract be renewed for FY24, the additional days will apply to FY24.

* Attachment Two: Requirements for Proposals; 17 – Governing the Expenditure of Public Funds For Offshore Services:

The Contractor agrees to the following:

1. Prohibition of the Expenditure of Public Funds for Offshore Services:

No State Cabinet Agency, Board or Commission will enter into any contract to purchase services provided outside of the United States or that allows State data to be sent, taken, accessed, tested, maintained, backed-up, stored, or made available remotely outside (located) of the United States, unless a duly signed waiver from the State has been attained. Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid for services the Contractor performs outside of the United States for which it did not receive a waiver. The State does not waive any other rights and remedies provided to the State in the Contract.

Further, no State agency, board, commission, State educational institution, or pension fund will make any purchase from or investment in any Russian institution or company. Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid to Contractor for purchases or investments in a Russian institution or company in violation of this paragraph. The provisions of this paragraph will expire when the applicable Executive Order is no longer effective.

The Contractor must complete the Contractor/Subcontractor Affirmation and Disclosure Form affirming the Contractor understands and will meet the requirements of the above prohibition. During the performance of this Contract, if the Contractor changes the location(s) disclosed on the Affirmation and Disclosure Form, Contractor must complete and submit a revised Affirmation and Disclosure Form reflecting such changes.

* Indicates the addition of a Mutually Agreed Upon Changes to the contract concerning updated language regarding the Expenditure of Public Funds for Offshore Services.

https://procure.ohio.gov/pdf/EO2022-02D/04-Affirmation%20and%20Disclosure%20Form_3-4-22.pdf

Eff. Date: 07/01/23

COST SUMMARY FORM

Value – Added Analysis and Reporting

CSP901818

UNSPSC CATEGORY CODE: 86000000, 81110000

OAKS

ITEM

NUMBER

FY2018

Cost

FY2019

FY2020

FY2021

FY 2022-

FY 2023

Cost

* FY 2024-

FY 2025

Accountability System

Value-Added and Student

Reports.

A: Development Plan, Statistical

B: Accountability System Value-Added Computations and Data

C: Web reporting

D: Student Progress Reports

E: Data Analytics

(Deliverable 1 costs not to exceed statutorily defined

$2.00 per student cost in FY 2018)

(Deliverable 1 costs not to exceed statutorily defined

$2.00 per student cost in FY 2019)

(Deliverable 1 costs not to exceed statutorily defined

$2.00 per student cost in FY 2020)

(Deliverable 1 costs not to exceed statutorily defined

$2.00 per student cost in FY 2021)

(Deliverable 1 costs not to exceed statutorily defined

$2.00 per student cost in FY through FY 2023)

(Deliverable 1 costs not to exceed statutorily defined

$2.00 per student cost in FY 2023 through FY

2024)

33724 Cost per Student $2.00 $2.00 $2.00

$N/A 2019- 20 SY data

$2.00 $2.00

$2.00 for

2020-21 SY

data

33725

Dropout Recovery

Measure

Value-Added Information

Dropout Recovery School

File (payable when Ohio

Department of Education approved DATA is transferred to the Ohio

Department of Education)

$50,000 $50,000 $50,000 $0.00 $50,000 $50,000

33726

Research and Development Per Diem Cost (per day for 120 Days), and (an additional 120 days, per amendment 3)

$1,875 (R&D per diem)

$1,875 (R&D per diem)

$1,875 (R&D per diem)

$1,875 (R&D per diem)

$1,875 (R&D per diem)

$1,875 (R&D per diem)

33727 Demonstration Site (Annual cost to establish and maintain website)

$10,000 $10,000 $10,000 $10,000 $10,000 $10,000

33728

Teacher and Principal Evaluation Value-Added and Teacher Reports (for all reports)

$1,242,860 $1,242,860 $1,242,860 $N/A $1,242,860 $1,242,860

OAKS ITEM NUMBER 38470, Value-Added Reporting for Remainder of 2019-2020 School Year Data: $891,427.50

All costs must be in U.S. Dollars.

The State will not be responsible for any costs not identified.

* Indicates addition of FY 2024 to FY 2025 cost column.

Eff. Date: 02/28/22 Page 6 *

CONTRACTOR INDEX

CONTRACTOR AND TERMS: BID CONTRACT NO.: CSP901818

94684 SAS Institute Inc. TERMS: Net 30 100 SAS Campus Drive Cary, North Carolina 27513

CONTRACTOR’S CONTACT:

** Missi Poynter Office: (919) 531-0467 Cell: (614) 455-3770 E-Mail: Missi.Poynter@sas.com

* Repagination, per Amendment 3.

** Indicates update to Contract Contact.

mailto:Missi.Poynter@sas.com

Eff. Date: 08/01/25

SUMMARY OF AMENDMENTS

Amendment Number

Effective Date

Description

8 08/01/25 This amendment is issued to notify that, as a result of mutual agreement between the State of Ohio and the Contractor, this contract is renewed for an additional one month, effective 8/1/25 through 8/31/25.

7 07/01/25 This amendment is issued to notify that the State elects to exercise its option to renew the subject Contract for an additional one month, effective 07/01/25 through 07/31/25.

6 03/24/25 This amendment is issued to advise that this contract will not be renewed beyond the current expiration date of 6/30/25. This contract will be rebid.

5 07/01/23

As a result of mutual agreement between the State of Ohio and the Contractor, this amendment is issued to renew the subject contract an additional twenty-four (24) months, effective 07/01/2023 through 06/30/2025.

In addition, this amendment is issued to indicate addition of FY 2024 to FY 2025 cost column.

This amendment is also issued to include updated language regarding the Prohibition of the Expenditure of Public Funds for Offshore Services.

4 03/08/22 This amendment is issued to make an administrative correction.

3 02/28/2022

This amendment is issued to add additional changes due to disruption from the COVID-19 public health emergency, including additional Mutually Agreed Upon Changes. Additionally, this amendment is issued to correct a typographical error in the contract title, repaginate the contract and to update the contract contact information. All other prices, terms and conditions remain unchanged.

2 07/01/21

As a result of mutual agreement between the State of Ohio and the Contractor, this amendment is issued to renew the subject contract an additional twenty-four (24) months, effective 07/01/2021 through 06/30/2023.

In addition, this amendment is issued to indicate addition of FY 2022 to FY 2023 Cost Column.

1 08/04/20

This amendment is issued to provide instruction and changes due to disruption from the COVID-19 public health emergency, including the addition of Mutually Agreed Upon Changes and update the Cost Summary for FY20 and FY21. Additionally, this amendment is issued to update the Contractor’s address, repaginate the Contract, and add the Summary of Amendments. All other prices, terms and conditions remain unchanged.