ESBD_548200_1786637971008_701-26-024 FINAL for Euna and ESBD.pdf

RFP 701-26-024, OPEN

EDUCATION RESOURCES

THIRD-PARTY HIGH-QUALITY

INSTRUCTIONAL MATERIALS

CONTENT REVIEW

Summary The Texas Education Agency (TEA) is seeking responses from qualified respondents to review High-Quality Instructional Materials (HQIM) across multiple content areas and grade bands as part of the continuous improvement of the TEA’s Open

Education Resources (OER).

Authorized by:

89th Legislature, Article III, Section Rider 2(b); Rider 41(a)

Responses are due September 17, 2026 - 2:00 P.M. Central Time

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

Kristi Nichols-Arnold mailto:TEASolicitations@tea.texas.gov

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. Response Format

2.2. Electronic Submission Process

2.3. Communication

2.4. Response Requirements

2.5. Conflict of Interest

3. Response 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. Response Review and Evaluation

4.1. Response Review

4.2. Evaluation Criteria

5. Contractual Requirements

5.1. Incorporation and Order of Precedence

ATTACHMENT A: NOTICE OF INTENT TO SUBMIT A RESPONSE

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

EXECUTION OF OFFER

ATTACHMENT C: VETERAN HEROES UNITED IN BUSINESS SUBCONTRACTING PLAN

ATTACHMENT D: RESPONSE COVER PAGE AND QUESTIONNAIRE

ATTACHMENT E: TASK, ACTIVITY, DELIVERABLE, AND BUDGET PLAN

ATTACHMENT F: DELIVERABLE DESCRIPTIONS AND GENERAL ACCEPTANCE CRITERIA

ATTACHMENT G: CONFLICT OF INTEREST ANALYSIS FORM

ATTACHMENT H: INFORMATION SECURITY REVIEW

ATTACHMENT I: DATA CENTER SERVICES (DCS) INFRASTRUCTURE REQUIREMENTS

ATTACHMENT J: TX-RAMP QUESTIONNAIRE

ATTACHMENT K: FEE/RATE SCHEDULE

ATTACHMENT L: OUTSIDE COUNSEL CONTRACT…………………………………………

ATTACHMENT M: OAG LETTER TO AGENCIES AND PROSPECTIVE OUTSIDE COUNSEL…….……

ATTACHMENT N: TEXAS ADMINISTRATIVE CODE, TITLE 1, CHAPTER 57………………………..…..….74

1. Purpose, Background, and Scope of Work

1.1. Purpose

The Texas Education Agency (TEA) is seeking responses from qualified respondents to review High-Quality Instructional Materials (HQIM) across multiple content areas and grade bands as part of the continuous improvement of the TEA’s Open Education Resources (OER).

The purpose of this solicitation is to provide organizations interested in reviewing these instructional materials with an understanding of the requirements, preferences, and procurement timeline. The TEA will use the criteria herein to evaluate and select instructional material review contractors.

The full and partial sets of instructional materials in scope for review include, at a minimum:

- Prekindergarten 3 and 4

- Prekindergarten Spanish 3 and 4

- Foundational Literacy K-3

- Foundational Literacy Spanish K-3

- English Language Arts and Reading (ELAR) K-5, 6-8

- English I-IV

- Spanish Language Arts and Reading (SLAR) K-6

- Social Studies K-5

- Social Studies Spanish K-5

- Social Studies 6-12

- Social Studies Grade 6 Spanish

- Math K-5, 6-8

- Math K-5 Spanish

- Secondary Math: Grades 6-8, Algebra I, Algebra II, Geometry

- Secondary Math Grade 6 Spanish

- Advanced Math: Grades 6-8, Algebra I, Algebra II, Geometry

- Secondary Math Grade 6 Spanish

- Precalculus

- Science K-5

- Science Spanish K-5

- Science 6-12

- Science Grade 6 Spanish

- Bluebonnet Learning Leadership, Positive Character Traits K-12

- Bluebonnet Learning Leadership, Positive Character Traits Spanish K-6

- Supplementary products in math, ELAR, SLAR, Social Studies in English and Spanish

The awarded contractor(s) will develop and submit for approval product-specific rubrics to produce revision directives for instructional materials. Each instructional materials product will be reviewed in multiple rounds. TEA expects the awarded contractor(s) to review materials in products that are currently in continuous improvement as well as new materials in new products. This will require contractors to be able to review multiple products per year that are in different development stages.

The review process may differ based on the material being reviewed (e.g., full or partial sets, digital and interactive tools) and the required timeline. The process outlined below is illustrative and may be refined or adjusted to incorporate TEA stakeholder feedback and other internal considerations.

The contractor(s) will review materials on a content management system provided by the TEA or the instructional materials contractor. The review contractors must be able to review multiple units/modules of material at one time for multiple products. A unit of material includes all student and teacher-facing materials required for 10-30 instructional days.

Responses should demonstrate the contractor’s ability to:

- Review and align HQIM to state standard Research Based Instructional Strategies (RBIS)

- Successfully managing complex projects

- Run, convene, and manage review groups for content revision and adoption

- Meet the needs of Bilingual transadaptions and translations for Spanish

- Engage with stakeholders for dissemination of information, creating buy-in, and implementation of materials

- Adhere to the review process designed by TEA and collaboration with the materials review team

- Collaborate with TEA to design and revise product roadmaps

- Rapidly scale-up at peak times and scale-down at non-peak times

- Measure and monitor the success of the project and each product, including quantitative and qualitative data collection and analysis

- Utilize technology systems, processes and/or tools effectively to enhance and expedite content review

1.2. Background and Defined Terms

Texas educators continue to support students as they work toward grade level mastery of the Texas Essential Knowledge and Skills (TEKS), Texas Prekindergarten Guidelines (TPGs), and English Language Proficiency Standards (ELPS). Statewide assessment and classroom data show that many students require sustained, high quality instruction to meet grade level expectations.

As a result, local education agencies (LEAs) need instructional materials that are accurate, well aligned, research based, and usable across a wide range of classroom contexts.

HQIM is one of the most important tools available to educators to improve student outcomes.

Research consistently shows that well designed, standards aligned materials support stronger instruction and higher levels of student learning. To support districts and teachers, the TEA develops and maintains open access instructional materials that schools may use, adapt, and customize at no cost.

TEA’s OER Division develops, reviews, edits, and publishes HQIM aligned to TEKS, TPGs, and ELPS. These materials are in the public domain and are designed to support grade level instruction in core content areas that make up a significant portion of a student’s instructional day. The OER Division works to ensure that materials are accurate, usable, and supportive of effective classroom implementation, while also allowing flexibility for district and teacher use.

The OER Division’s Tier 1 and supplemental instructional materials are designed to provide a complete set of resources needed to teach a full year of a core course. These materials typically include teacher and student support, unit and lesson plans, and assessments. TEA routinely updates and improves these materials based on educator feedback, user data, research, and stakeholder input. This continuous improvement approach helps ensure that OER products remain relevant, accurate, and responsive to the needs of Texas classrooms.

Recent legislation, including House Bill 1605, further supports the ongoing development, improvement, and expansion of OER instructional materials. As OER products continue to grow in scope and use, TEA has identified a need for additional independent review to support the quality and consistency of these materials. Third party review helps ensure that instructional content reflects current research, aligns appropriately to standards and grade level expectations, and meets the needs of diverse learners across Texas.

https://capitol.texas.gov/tlodocs/88R/billtext/pdf/HB01605F.pdf#navpanes=0

TEA seeks to supplement its internal review processes by engaging qualified third party reviewers with relevant subject matter and instructional expertise. Independent review will support the ongoing improvement of OER Tier 1 and supplemental materials by providing objective feedback and analysis to inform future updates and refinements. This solicitation is intended to identify contractors capable of supporting that review work.

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

Term Definition BAFO Best and Final Offer CMBL Centralized Master Bidders List Contractor Contractor refers to entities who desire to do business with TEA DIR Department of Information Resources ELAR English Language Arts and Reading ELPS English Language Proficiency Standards ESBD Electronic State Business Daily HQIM High Quality Instructional Materials IMRA Instructional Materials Review and Approval LEA Local Education Agency NIGP National Institute of Governmental Purchasing OER Open Education Resources PAR Progress Assessment Report QA Quality Assurance QAP Quality Assessment Plan RBIS Research Based Instructional Strategies Response Response refers to content submitted by Contractors to TEA in response to this solicitation SBOE State Board of Education SLAR Spanish Language Arts and Reading SP State of Texas Subcontracting Plan STAAR State of Texas Assessments of Academic Readiness TAC Texas Administrative Code TADBP Task, Activity, Deliverable, and Budget Plan 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.

TEKS Texas Essential Knowledge and Skills

TGC Texas Government Code TPG Texas Prekindergarten Guidelines TX-RAMP Texas Risk and Authorization Management Program VetHUB Veteran Heroes United in Business

34 TAC § Sections 281-298 VPTS Vendor Performance Tracking System

1.3. TEA Mission and Procurement Authority

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 https://tea.texas.gov/about-tea/welcome-and-overview/tea-strategic-plan

This procurement supports TEA’s strategic plan by increasing transparency, fairness, and rigor in district and campus academic and financial performance. Ensuring compliance, effectively implement legislation and inform policymakers. Strengthening organizational foundations (resource efficiency, culture, capabilities, and partnerships).

The solicitation and contract are authorized by Government Code Title 10, Subtitle D (the “Purchasing Act”). The solicitation and contract are subject to all applicable requirements of the Purchasing Act [in particular, Government Code Chapter 2151 (General Provisions), Chapter 2155 (Purchasing: General Rules and Procedures), Chapter 2157 (Purchasing: Purchase of Automated Information Systems), and 34 TAC § Sections 281-298 Veteran Heroes United in Business (VetHUB) and those requirements established by rule of the Texas Comptroller of Public Accounts (CPA), Statewide Procurement Division (SPD), as contained in Title 34, Chapter 20, of the Texas Administrative Code (“TAC”), and to other applicable federal and state statutes and rules herein cited. Any references in this contract to the “Government Code” mean the Texas Government Code.

1.4. Anticipated Schedule of Events

DATE EVENT

August 17, 2026 Publication of solicitation in the Electronic State Business Daily (ESBD) at:

http://www.txsmartbuy.gov/esbd Contractors must have an account at Euna Procurement (Bonfire) to submit a response to TEA. State of Texas Subcontracting Plan and VetHUB-related questions must be directed to the TEA HUB Office HUBOffice@tea.texas.gov

August 24, 2026 Non-mandatory pre-proposal meeting held online from 2:00pm – 3:00pm at:

https://teams.microsoft.com/meet/217689969683936?p=rHj2dtUmHgUGsnVYJ7

Meeting ID: 217 689 969 683 936 Passcode: em2JX2xB

August 27, 2026 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 Euna Procurement (Bonfire) portal

August 31, 2026 Final publication of questions and answers September 17, TEA preferred date to receive Notice of Intent to submit a response

September 17, Response(s) due no later than 2:00 P.M. Central Time

September – October 2026

Response Check-In, Evaluations, and Oral Presentations (if required)

November 2026

– February 2027

Commencement of contract negotiations with selected contractor(s)

March 2027 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 any 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. Responses must include a detailed Task, Activity, http://www.txsmartbuy.gov/esbd https://tea.bonfirehub.com/portal/?tab=openOpportunities mailto:HUBOffice@tea.texas.gov https://teams.microsoft.com/meet/217689969683936?p=rHj2dtUmHgUGsnVYJ7

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, 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 TEA will prioritize contractors who can review more than one content area, grade band, and product, as well as contractors who possess experience with the specific products in the OER suite of instructional materials.

Contractors must demonstrate in their response how they plan to address each of the criteria and execute each of the activities listed. TEA anticipates this work may require the selected contractors to partner with other entities to provide comprehensive subject matter expertise.

1. Project management skills of the contractor must include the ability to:

a. Recruit, onboard, train, and manage reviewers with deep TEKS/ELPs/TPG, Special Populations, and Multilingual Learner knowledge for the relevant content area and grade-band. This team must include Texas educator’s representative of Texas’ demographics.

b. Rapidly scale up at peak times and scale down at non-peak times.

c. Develop review project plans for each product in consultation with the TEA and instructional materials vendors.

d. Develop fit-for-purpose review rubric aligned to applicable TEKS, ELPS, IMRA quality indicators, and suitability requirements, and submit it to the TEA for approval.

e. As needed, train and retrain instructional materials vendors on the review rubric content and functionality.

f. Provide quality assurance and continuous improvement training for all reviewers to ensure consistent high-quality reviews are delivered.

g. Analyze reviewer, TEA, and other designated stakeholder feedback throughout the review process and incorporate that feedback into clear, actionable editing recommendations aligned to the review rubrics, including recommendations for implementation as appropriate.

h. Provide proactive and sophisticated project management and communication with the TEA and instructional materials vendors.

i. Manage and track project fiscal year budgets to support effective planning, monitoring, and reporting.

j. Measure and monitor the success of work across all workstreams.

2. Content and product expertise of contractor must include demonstration of:

a. Ability to meet the needs of all students with instructional materials, with a focus on emergent bilingual learners, students with disabilities, and/or students identified as gifted and talented.

b. TEKS, ELPS, and TPG expertise for all content areas and grade bands to which the contractor is applying to review.

c. Experience evaluating instructional materials using IMRA quality and suitability criteria, including the ability to identify strengths, gaps, and areas of improvements related to instructional quality, usability, and suitability requirements.

d. Experience with any product in the OER suite of instructional materials.

3. Review process implementation expertise of contractor must include demonstration of:

a. Adherence to the review process and rubric designed by the TEA with the ability to identify, document, and communicate opportunities for process efficiencies.

b. Ability to produce clear and actionable editing recommendations aligned to the review rubric.

c. Ability to provide high-level feedback on instructional materials to guide the

TEAs long-term revision priorities.

4. Provide high level budget that is broken down to demonstrate:

a. Lesson Level, Unit Level, Course Level, Program Level and Supplemental review cost for the initial comprehensive review, and all subsequent reviews.

b. Hourly rate for other tasks.

c. Project management costs.

d. It is TEA’s preference that contractors do not base pricing or assumptions on page counts or document length. Instead, TEA prefers work to be scoped and priced based on instructional or product units (e.g., lessons, units, courses, or programs) that align to how materials are developed and reviewed and may be further differentiated by the type or stage of review (for example: initial unit review, subsequent lesson review). TEA also expects that duplicative content appearing across multiple materials (e.g., identical content in teacher and student editions) not be treated as new work for pricing purposes.

5. Contractor team that is broken down to demonstrate:

a. Team organization chart to demonstrate program management, reviewer team capacity, and quality assurance.

b. Clear proposal of team management roles and responsibilities.

c. Ability to demonstrate content expertise and product expertise on team.

d. Ability of reviewers to review materials in English and Spanish.

1.8. Project Deliverables and Milestones

A. Project deliverables include:

a. Project plans, including:

i. Updating and revising

ii. Key performance indicators

iii. Virtual meetings with TEA to give real-time updates

b. Review of rubrics, including:

i. Developing, maintaining and reconciling product review rubrics in adherence with the review process designed by TEA

ii. Training materials for review team to conduct 40-60 parallel review streams

c. Review materials with clear and actionable annotations and completed rubrics, including:

i. Stakeholder feedback analysis and recommendations

ii. Multiple rounds and parallel workstreams

iii. Spanish translations and transadaptions

iv. Includes QA

d. Summary of standards audit analysis, including:

i. IMRA indicators such as quality and suitability

ii. Compiling and analyzing standards coverage and gaps across a grade level and within a product

iii. Standards are TEKS, TPG, and ELPS

e. Summary of current state HQIM review process requirements analyses (currently the IMRA process)

B. Major milestones include:

- March 2027: Contract Kickoff

- March 2027: Project plan and timelines developed

- April 2027: Review Rubrics Developed

- May 2027: Reviewers Identified and trained

- June 2027: Material Reviews Start

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;

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

• Responding within 48 hours to all requests for feedback on evaluation plans, methodology, analysis plans, instruments, data manipulation, analysis results, 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(s) 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 evaluation and analysis plans, including all qualitative and quantitative methodologies and data analyses;

• 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(s) to resolve disputes);

• Providing and coordinating feedback on all submitted reports; and

• 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

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 response 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;

- 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. Response Format

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

Response Format and Requirements:

- The contractor must download all files from Euna Procurement (Bonfire) under Public Files to prepare a submission.

- Complete and upload all required documents listed under the Requested Information section in Euna Procurement (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., 26- 024_CompanyName_Response).

- Contractors must ensure an authorized representative signs 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 response are true and correct. Discovery of any false statement in the response may void the submitted response or any resulting contracts.

- The contractor shall not encrypt or password protect response or embed documents within the response.

- Contractors must submit responses electronically via Euna Procurement (Bonfire).

2.2. Electronic Submission Process

Submission via EUNA Procurement (Bonfire)

TEA will only accept responses using the Euna Procurement (Bonfire) electronic bidding portal as a secure electronic submission method. Please upload your submission at Texas Education Agency Euna Procurement (Bonfire) Portal. Responses will not be accepted by email or facsimile.

Once uploaded, the Euna Procurement (Bonfire) platform will notify TEA of the upload.

Contractors will receive a submission confirmation number upon successful submission response. The file(s) will be dated 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 at the specified location in Euna Procurement (Bonfire)***

Intent to Submit Response

TEA requests contractors notify TEA as soon as possible of their intent to submit a response on the Euna Procurement (Bonfire) platform. Toggle the “Intent to Bid” checkbox in Euna Procurement (Bonfire) to confirm the intent to submit a response. Notifying TEA of an intent to https://tea.bonfirehub.com/portal/?tab=openOpportunities https://tea.bonfirehub.com/portal/?tab=openOpportunities submit a response in no way obliges a contractor to submit a response. Contractors 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.

Euna Procurement (Bonfire) Registration

To contact TEA or ask questions in relation to this solicitation, contractors must register at 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 Euna Procurement (Bonfire), watch this training video. For questions or support when using the platform, access the Euna Procurement (Bonfire) online knowledge base, search the FAQ, or contact the Euna Procurement (Bonfire) support team at support.bonfire@eunasolutions.com.

Limited Contact Policy

Contractors may contact the TEA HUB office at HUBOffice@tea.texas.gov for the purpose of addressing VetHUB and State of Texas Subcontracting Plan (SP) questions only.

TEA will not accept phone inquiries regarding this solicitation.

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 response 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 clarifications pertaining to this solicitation shall be submitted through Euna Procurement (Bonfire) Opportunity Q&A. TEA will compile questions and related responses into one or more addenda documents and post them on the Euna Procurement (Bonfire) platform. It is the contractor’s responsibility to review any addenda documents before submitting.

Communication after the Response Due Date

Between the response due date and contract execution, TEA may communicate with contractors to:

https://tea.bonfirehub.com/ https://procurement-help.eunasolutions.com/hc/en-us/articles/48576297891603-VIDEO-Vendor-Registration-and-Submission https://procurement-help.eunasolutions.com/hc/en-us/categories/48350402912275-Vendors mailto:support.bonfire@eunasolutions.com

- Seek clarification regarding response(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.

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. Response Requirements

TEA will not consider late or incomplete responses. Responses 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 (Texas Government Code Chapter 2155), and Execution of Offer (Attachment B) 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 34 TAC § Sections 281-298 regarding the requirements of the SP and to reach out to the TEA HUB Office at HUBOffice@tea.texas.gov with questions. Failure to comply with VetHUB requirements, including correctly filling out all VetHUB related forms, will result in disqualification.

TEA reserves the right to reject responses and to negotiate portions thereof, including the offered TADBP and identified personnel.

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

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 responses 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 response.

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.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm https://texas-sos.appianportalsgov.com/rules-and-meetings?chapter=20&division=1&interface=VIEW_TAC&part=1&subchapter=D&title=34

Texas Public Information Act

Responses 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 responses received under this solicitation, contractors may have the opportunity to demonstrate that some or all their offer falls into one or more exceptions to disclosure. Contractors should indicate on the response cover if their submission contains proprietary information and identifies the specific sections within the response that are proprietary. It is not sufficient to mark every page as confidential; rather, contractors should identify specific information or sections as proprietary.

Veteran Heroes United in Business (VetHUB) Subcontracting Plan (SP)

In alignment with state law and public policy, TEA encourages contracting and subcontracting opportunities for VetHUBs in all contracts. If TEA determines that subcontracting opportunities are probable, then the SP is a required element of the response.

Statement of Probability

TEA has determined that subcontracting opportunities are probable in connection with this procurement. Therefore, ALL contractors must submit the SP in their response. Responses that do not include the SP will be rejected for non-compliance.

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

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

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

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

VetHUB Subcontracting Goal

The VetHUB subcontracting goal for this procurement is 5% service-disabled veteran-owned business participation.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm

TEA encourages contractors to collaborate with the TEA HUB Office to develop mentor-protégé opportunities. Under 34 TAC § Sections 281-298, a contractor’s participation in a Mentor- Protégé Program under TGC § 2161.065, and the submission of a protégé as a subcontractor in the VetHUB SP constitutes a good faith effort for the work to be subcontracted with the protégé.

VetHUB Subcontract Progress Assessment Reporting

The contractor will be responsible for maintaining business records documenting compliance with VetHUB 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 VetHUBs for Subcontracting Opportunities

Manufacturers, suppliers, and other vendors, including VetHUBs, may be found on the Centralized Master Bidders List (CMBL) / VetHUB Directory at: Search For Vendors. 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: 924 – EDUCATIONAL AND TRAINING SERVICES

Item: 05, Advisory Services, Educational

Item: 16, Course Development Services, Instructional and Training

Item: 18, Educational Services, Alternative

Item: 19, Educational Research Services

Item: 74, Special Education Services

Item: 78, Teaching and Instruction Services: Elementary and Secondary Education, Higher Education and Adult Education

Item: 80, Tutoring Services

2. Class Code: 961 – MISCELLANEOUS SERVICES, NO. 1 (NOT OTHERWISE CLASSIFIED)

Item: 02, Administrative Services, All Kinds

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

https://texas-sos.appianportalsgov.com/rules-and-meetings?chapter=20&division=1&interface=VIEW_TAC&part=1&subchapter=D&title=34 https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.2161&artSec=2161.065 https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do

Item: 72, Transcription Services: Academic, Braille, Legal, Medical, Electronic Duplication, etc.

Item: 75, Translation Services, All Languages

Item: 90, Writing Services, All Kinds, Including Resumes, Calligrapher and Engrosser Services

3. Class Code: 966 – PRINTING AND TYPESETTING SERVICES

Item: 18, Copying Service, Reproduction

4. Class Code: 917 – CONTRACTED SERVICES AND RENTALS, HIGHER EDUCATION

Item: 22, Contracted Services, Proof, Edit, Illustrate

Item: 25, Contracted Services, Research Collaboration

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 response by the entity and its proposed subcontractors. The contractor must complete the Conflict of Interest Analysis Form in Attachment G. TEA will not accept information provided in other areas of the offer as satisfaction in lieu of full completion of the Attachment G form with the required attachments. TEA recommends the completed form and responsive attachments be incorporated into a separate and distinct section in the response. Failure to provide this information will result in disqualification from further consideration.

As part of this disclosure requirement, each response 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 response to disqualification.

For purposes of this disclosure requirement:

- “Past” means within the two calendar years prior to the deadline for submission of a 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 responses 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:

- 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 response, 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, the contractor must provide a detailed explanation as to why the entity does or does not believe such an item poses a conflict of interest, potential conflict of interest, or appearance of impropriety relative to submission of a response, 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 response under this provision and that its 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.

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

The Form 1295 is not required to be submitted with the response. The contractor 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. Response Format and Content

Contractors must submit responses in the specified location, file type, and requirements listed on the Euna Procurement (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 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 cover page questionnaire Attachment D: Response Cover Page and Questionnaire.

3.1. Requested Information

Responses should be organized, indexed, and clearly labeled according to the contents below.

Euna Procurement (Bonfire) provides a Requested Information section to assist contractors with including all required information in their response and to assist the evaluation team during their review of the responses. 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 response from consideration.

REQUESTED INFORMATION

Understanding of the Project, Methodology, and Technical Components

Section 3.2

Management Plan, Experience, and Qualifications Section 3.3 Contract Terms and Conditions, Response Preferences, and Execution of Offer

Attachment B

VetHUB Subcontracting Plan Attachment C Response Cover Page and Questionnaire Attachment D, Q-09BJ Task, Activity, Deliverable, and Budget Plan Section 3.4, Attachment E, Q-47FW 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 response must communicate an understanding of the contractor’s ability to review HQIM across multiple content areas and grade bands as part of the continuous improvement of the TEA’s OER and include organizational experience in the content and grade-level areas of the project.