ESBD_File_342668_23-018 RFQ Production of Braille Copy Materials ESBD.pdf

RFQ 701-23-018,

PRODUCTION OF BRAILLE

COPY MATERIALS FOR TEXAS

PUBLIC SCHOOLS

Summary The awarded contractor(s) will be responsible for copying (i.e., embossing), binding, shipping, and ensuring delivery of braille instructional materials adopted by the State Board of Education (SBOE) in November 2023 under Proclamation 2024. The awarded contractor(s) may also produce, ship, and ensure delivery of braille instructional materials copies for instructional materials approved by the SBOE in future Instructional Materials Review and Approval (IMRA) cycles, for future proclamations, or other instructional materials, such as TEA-developed open education resources, at TEA’s sole discretion. Due to the changing nature in which instructional materials may be approved, going forward, TEA finds it necessary to have qualified contractors who can provide these services on an as-needed basis.

Authorized by: PL 108-446, Individuals with Disabilities Education Act (IDEA), as amended, Part B, Section 611. SEC. 611. AUTHORIZATION; ALLOTMENT; USE OF

FUNDS; AUTHORIZATION OF APPROPRIATIONS. GAA, Article III, Rider 8, 88th Texas Legislature

Responses are due January 4, 2024 - 2:00 P.M. Central Time TEA Contracts and Purchasing Division

TEASolicitations@tea.texas.gov Kem David/Jamel Barnes 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. Response Checklist

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

3.3. Management Plan, Experience, and Qualifications

3.4. Task, Activity, Deliverable Plan

3.5 Hard Copy Braille Samples

3.6 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………………………………………………………………………30

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

ATTACHMENT C: HISTORICALLY UNDERUTILIZED BUSINESS SUBCONTRACTING PLAN

ATTACHMENT D: RESPONSE COVER PAGE AND CHECKLIST

ATTACHMENT E: TASK, ACTIVITY, DELIVERABLE, PLAN

ATTACHMENT G: CONFLICT OF INTEREST ANALYSIS FORM…………………………………………………………………………….59

1. Purpose, Background, and Scope of Work

1.1. Purpose

The Texas Education Agency (TEA) is requesting responses for the Production of Braille Copy Materials for Texas Public Schools.

Through this Request for Qualifications (RFQ), the TEA is seeking responses from qualified respondents to produce accessible materials for Texas public schools. Each contractor will be evaluated solely on the firm’s experience, technical competence, capability to perform, past performance, and other relevant factors submitted in the response to this RFQ.

The awarded contractor(s) will be responsible for copying (i.e., embossing), binding, shipping, and ensuring delivery of braille instructional materials adopted by the State Board of Education (SBOE) in November 2023 under Proclamation 2024. The awarded contractor(s) may also produce, ship, and ensure delivery of braille instructional materials copies for instructional materials approved by the SBOE in future Instructional Materials Review and Approval (IMRA) cycles, for future proclamations, or other instructional materials, such as TEA-developed open education resources, at TEA’s sole discretion. Due to the changing nature in which instructional materials may be approved, going forward, TEA finds it necessary to have qualified contractors who can provide these services on an as-needed basis.

Accessible instructional materials (AIM) are materials that are accessible to students and teachers with print disabilities. For an overview of best practices in the provision of digital files and materials, see the Center for Accessible Educational Materials website at http://aem.cast.org/about/aem-basics.html#.V9LQyE0UW70.

Responses should demonstrate the contractor’s ability to:

- Produce, bind, pack, ship, and ensure delivery of braille copies of Proclamation 2024 instructional materials at a high volume;

- Produce, bind, pack, ship, and ensure delivery of braille copies of various instructional materials, such as TEA-developed K–12 open education resources at a high volume;

- Produce, bind, pack, ship, and ensure delivery of braille copies of K–12 instructional materials reviewed and approved by SBOE in subsequent years at a high volume.

1.2. Background and Defined Terms

The Texas Education Code (TEC) §31.028, authorizes the Commissioner of Education to purchase special instructional materials for the education of Texas public school students with visual impairments. In addition, the Commissioner provides teachers’ editions in braille when needed. Special-format material must be available at the same time non-special-format material is available.

Computerized instructional material files that meet the National Instructional Materials Accessibility Standard (NIMAS) are required by all publishers of SBOE-approved print instructional materials intended for student use.

https://tea.texas.gov/sites/default/files/proclamation-2024.pdf http://aem.cast.org/about/aem-basics.html#.V9LQyE0UW70 https://statutes.capitol.texas.gov/Docs/ED/htm/ED.31.htm#31.028

This includes all adopted and/or approved student materials including handbooks, workbooks, and teacher materials, such as blackline masters and assessments that are clearly intended for student use.

The instructional materials must be acquired in accordance with Chapter 31, Subchapter B, State Funding, Adoption, and Purchase, of the Texas Education Code and by any applicable rule adopted by the commissioner.

House Bill (HB) 1605 (88th Texas Legislature) amends the Texas Education Code to revise and set out provisions regarding the instructional materials freely available to students attending public schools and approved for use in public school districts and open-enrollment charter schools, including revisions to the process involving the recommendation, review, approval, and maintenance, as applicable, of instructional materials by the TEA and the SBOE. HB 1605 changes the process for the state review and approval of instructional materials, revises applicable statutory provisions accordingly and sets out provisions governing the review and approval process.

The bill requires the commissioner to establish, with SBOE approval, an annual process for reviewing instructional materials. Under HB 1605, the SBOE can review new materials for a subject each year, even if the Texas Essential Knowledge and Skills (TEKS) are not changed; if TEKS are changed, the SBOE must call for instructional materials and adopt materials by December 1st on the year before the updated TEKS take effect.

Approximately 200 sets of instructional materials can be reviewed in a given year in the IMRA process;

however, not all materials approved in this process will be suitable for ordering or producing in braille format.

While TEA can provide details about the materials adopted by the SBOE under Proclamation 2024, due to the new requirements under HB 1605 and the undetermined nature of the future review and approval process for instructional materials, TEA is seeking qualified contractors for use in providing braille copies for approved instructional materials on an ongoing, as-needed basis.

More information about HB 1605 can be found here: House Bill 1605 | Texas Education Agency. HB 1605 bill analysis can be found here: 88(R) HB 1605 - Committee Report (Substituted) version - Bill Analysis (texas.gov).

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

Term Definition AIM Accessible Instructional Materials BRF Braille-ready format CMBL Centralized Master Bidders List Contractor “Contractor” refers to entities who desire to do business with TEA.

DIR Department of Information Resources EMAT Electronic Instructional Materials Ordering System 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 Act IMRA Instructional Materials Review and Approval LEA Local Education Agency OER Open Education Resources NIMAS National Instructional Materials Accessibility Standard https://statutes.capitol.texas.gov/Docs/ED/htm/ED.31.htm https://statutes.capitol.texas.gov/Docs/ED/htm/ED.31.htm https://tea.texas.gov/academics/instructional-materials/house-bill-1605 https://capitol.texas.gov/tlodocs/88R/analysis/html/HB01605H.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm

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 UEB Unified English Braille VPTS Vendor Performance Tracking System

1.3. TEA Mission and Procurement Authority

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.

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

This procurement supports TEA’s strategic plan by providing needed accessible format materials to students and teachers with visual disabilities. This allows students to build a foundation of reading and math, as well as connect those skills to a college and career path. The key actions will support teachers and ready students to increase their independence and greater their ability to participate in education and life activities.

This procurement is authorized by PL 108-446, Individuals with Disabilities Education Act (IDEA), as amended, Part B, Section 611. SEC. 611. AUTHORIZATION; ALLOTMENT; USE OF FUNDS; AUTHORIZATION OF APPROPRIATIONS. GAA, Article III, Rider 8, 88th Texas Legislature.

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://statutes.capitol.texas.gov/Docs/GV/htm/GV.2151.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm

1.4. Anticipated Schedule of Events

DATE EVENT

November 29, 2023 Publication of solicitation in the Electronic State Business Daily (ESBD) at:

http://www.txsmartbuy.com/esbd Questions must be directed to TEASolicitations@tea.texas.gov or the HUB Office HUBOffice@tea.texas.gov, as appropriate.

December 7, 2023 Pre-Response Meeting scheduled for 2:00 p.m. CST on Microsoft Teams (Link).

Attendance is highly encouraged to attend to have a better understanding of the requirements of this RFQ.

December 14, 2023 Last day to submit written questions about this solicitation no later than 2:00 P.M.

Central Time to TEASolicitations@tea.texas.gov

December 19, 2023 Final publication of questions and answers in the ESBD at:

http://www.txsmartbuy.com/esbd

December 22, 2023 TEA preferred date to receive a Notice of Intent to submit a Response January 4, 2024 Response(s) due no later than 2:00 P.M. Central Time January 4, 2024 - January 26, 2024

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

January/February

Commencement of contract negotiations with selected contractor(s)

February 15, 2024 Anticipated start date of contract

1.5. Contract Term

The term of any contract resulting from this solicitation is anticipated to be from contract execution to August 31, 2034.

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.

TEA reserves the right to award this project as best meets the agency’s needs to include contracting similar scope services during the awarded contracted dates.

1.6. Budget

Each contractor will be evaluated solely on the firm’s experience, technical competence, capability to perform, past performance, and other relevant factors submitted in the response to this RFQ. Proposed budget will not be a determining factor for evaluating Responses but will be negotiated once a contractor is qualified. TEA may http://www.txsmartbuy.com/esbd mailto:TEASolicitations@tea.texas.gov mailto:HUBOffice@tea.texas.gov https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDg3ZWFkZDMtZDY5ZC00MzkxLThlMDktYTRlMTMwNTViYzZi%40thread.v2/0?context=%7b%22Tid%22%3a%2265d6b3c3-7236-4818-9613-248dbd713a6f%22%2c%22Oid%22%3a%2269ed04fc-0ea5-42ce-80fd-21d4618d649d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDg3ZWFkZDMtZDY5ZC00MzkxLThlMDktYTRlMTMwNTViYzZi%40thread.v2/0?context=%7b%22Tid%22%3a%2265d6b3c3-7236-4818-9613-248dbd713a6f%22%2c%22Oid%22%3a%2269ed04fc-0ea5-42ce-80fd-21d4618d649d%22%7d http://www.txsmartbuy.com/esbd 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, Deliverable, and Budget Plan, as described elsewhere in this solicitation and in Attachment E.

TEA will establish invoicing procedures for the awarded contract(s) aligned to the completion and acceptance of the deliverables. TEA will provide payment upon satisfactory performance of services and receipt and acceptance of specified deliverables.

TEA does not guarantee minimum or maximum volumes/orders of an awarded contract. Deliverables are based solely on orders placed throughout the duration of a contract awarded resulting from this solicitation.

Some titles may not be suitable for students with visual impairments and will not be brailled.

EMAT is the District Operations, Technology, and Sustainability Supports Division’s current ordering, processing, and management system. Local education agencies (LEAs) access EMAT to order instructional materials; EMAT also connects braille producers to automate most of the processes involved in the ordering, shipping, and invoicing of braille instructional materials.

TEA will provide instructions to the awarded contractor(s) to obtain login credentials to enter braille copies orders and shipping details in the current online, secure interface. As orders are placed for braille materials, the awarded contractor will print and ship braille volumes. A voucher is generated as each braille order is marked as shipped in the procurement system.

The voucher is the official invoice and payment will be made through TEA’s online procurement system. The completed volumes will be shipped to the ordering district or charter. Separate invoices submitted outside of the state ordering and procurement system (currently EMAT) for any work related to this contract will not be accepted without prior approval by the TEA contract manager for this project.

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

The awarded contractor(s) qualified to produce braille instructional materials copies will be responsible for the embossing, packing, shipping, and on-time delivery of brailled instructional materials. LEAs submit orders for braille instructional materials to TEA using the electronic instructional materials state ordering system (currently known as EMAT). The awarded contractor must agree to use the system or other TEA-specified systems to track incoming orders and enter information about the completion of orders for braille materials.

The awarded contractor(s) must correctly enter shipping information in the TEA ordering system for payment vouchers to be generated.

TEA will award a separate contract to one or more vendors to produce student edition brailled master instructional materials files. Teacher edition brailled master instructional materials files will be produced upon request. The braille masters contractor will provide TEA and the awarded copies contractor(s) with braille-ready format (BRF) master files for production.

Long-term storage, safekeeping, and security for braille master files will be entrusted to the awarded contractor(s). The files and materials are the exclusive property of TEA and must only be used as directed by TEA. If a braille master file is damaged or destroyed, the contractor will be responsible for replacing the master file at the contractor’s expense.

Instructional materials adopted under Proclamation 2024 and ordered by July 21, 2024, must be delivered by August 21, 2024. This deadline is contingent upon receipt of the entire braille master file on or before July 22, 2024. Instructional materials ordered after July 21, 2024, must be delivered within 30 days of receipt of the order or braille master file from the braille master’s contractor.

The awarded contractor may be responsible for producing braille copies for instructional materials approved by the SBOE in future IMRA cycles, for future proclamations, or for other instructional materials, such as TEA-developed open education resources. TEA will work with publishers of these materials and the awarded contractor(s) to provide all needed materials. The expected timeline for completion is 30 days from the date of the LEA order or 30 days from the receipt of braille master files from the awarded braille masters contractor.

Upon completion of a braille copies order, the awarded contractor(s) will ship the order and use the state ordering system to enter the invoice number, number of boxes, weight of boxes, shipping method, freight amount, and shipment tracking number. Upon receipt and examination of the shipment, the LEA will use the state ordering system to mark each individual volume as received.

The LEA will notify the TEA contract manager or other designated TEA staff of any missing, damaged, or unacceptable volumes and will not mark them as received. If TEA determines the materials must be replaced, the awarded contractor, at the contractor’s expense, must ship replacement materials as quickly as possible but no later than seven days from the date of notification.

TEA requires braille instructional materials to be produced and provided to ordering LEAs in the most expedient manner possible. Braille instructional materials must be free of defects and are subject to recall by TEA. Examples of situations which would cause the agency to issue a recall include, but are not limited to, the following:

• Binders are falling apart, or pages are falling out of the binders.

• Pages are missing from the instructional material.

• Instructional material is missing text or graphics.

• Instructional material cover and instructional material contents do not match.

• Instructional material contains crushed braille dots.

The awarded contractor will need to redo, at the contractor’s expense, any materials that do not meet the standards within this solicitation. Upon notification from TEA that the braille materials do not meet the standards, the corrected materials should be provided to the ordering LEA as soon as possible, not to exceed 30 days from the date of notification. Recopying and rebinding required as a result of a recall is at the expense of the producer; it is the prerogative of the agency to institute a recall.

TEA may direct the awarded contractor to shift production efforts and focus on the speedy completion of specific titles as needed. TEA requires quality accessible materials to be produced in the most expedient manner possible.

A. Requirements for Production of Braille Copies

1. Print and braille title pages: Verify that each volume contains a print title page and a braille title page. The title page must contain the following information in the order shown below:

a. Complete title

b. Author’s full name

c. Instructional material publisher, city, and state preceded by the words “Published by”

d. Copyright year

e. The words “Further reproduction or distribution in other than a specialized format is prohibited”

f. The 10 or 13-digit ISBN provided to the awarded contractor by TEA

g. Year transcribed, city, state, and state of the transcribing unit, and Texas Education Agency

h. Volume designation, braille pages, and print pages

2. Braille labels: The awarded contractor(s) must generate braille labels using clear, laminated labels that will adhere to the front cover of all braille volumes. The labels must contain the following information:

a. Complete title of the instructional material, if possible (if not possible, an abbreviated version should appear)

b. Copyright information

c. Volume information (e.g., “V1 of 4”)

d. Print pages

e. Contracted or Uncontracted

3. Blank pages: The awarded contractor(s) must insert a blank page of braille paper as the last page of every braille volume.

4. Bindings: Braille books must be durably bound in polyethylene binders and plastic bindings. Braille binders must be durable enough to last the entire adoption period. The covers must have rounded corners and must overhang the top, side, and bottom of the bound pages by approximately 1/4 inch. Covers and binding methods are subject to TEA approval. The comb binding itself should be an appropriate size for the number of pages contained within the volume so that pages can be turned easily, and the binding is not overfilled.

B. Quality Control

TEA expects the awarded contractor(s) to provide high-quality, accurate braille materials.

1. The awarded contractor(s) must perform quality checks on all braille volumes and must have access to at least two Library of Congress-certified proofreaders or by proofreaders who are working toward certification.

2. The awarded contractor(s) must have access to an experienced teacher certified to teach braille to students with visual impairments to provide input regarding the nature of graphics and special formats.

3. The awarded contractor(s) must notify TEA and the braille master’s contractor immediately upon discovery of errors in the master BRF files that require correction.

C. Packaging, Shipping, and Delivery of Braille Copies

1. Packaging Requirements: Braille instructional materials must be packaged in a manner that protects the braille material from damage during transit. A packing list printed from the EMAT system must be included in the shipment. The packing list should also clearly specify which volumes (including the title, volume number, and ISBNs) are contained within each specific box of the shipment. The following information should appear on each box:

a. Number of boxes included in the shipment (e.g., “1 of 6” and so on)

b. ISBN

c. Volume numbers

d. Contracted or uncontracted

e. A 4” x 6” rectangular red label on two opposite sides of each mailing carton with the words “Braille

Material Enclosed” in 48 pt. font, bolded and centered

f. Mailing labels must contain the return address of the producer, address of the LEA, and name of the instructional materials coordinator at the LEA

2. Shipping Requirements

a. If the awarded contractor is located in Texas, for all orders weighing 150 lbs. or less, the awarded contractor must make shipping arrangements using ground delivery service through carriers contracted or otherwise designated by TEA to deliver the Items directly to LEAs.

b. If the awarded contractor is located in Texas, for all orders weighing over 150 lbs., the awarded contractor must make shipping arrangements using a reputable national or regional freight carrier using ground delivery. The selected freight carrier must meet with TEA approval before shipping. The awarded contractor will invoice TEA for freight costs for shipments weighing over 150 lbs. If using the US Postal Service (USPS) “Free Matter for the Blind or Other Physically Handicapped Persons,” adhere to the guidelines of the USPS Domestic Mail Manual regarding Special Standards: 700 Special Standards | Postal Explorer (usps.com)

c. If the awarded contractor is located outside of Texas, braille instructional materials must be shipped using “Free Matter for the Blind or Other Physically Handicapped Persons” adhering to the guidelines of the USPS Domestic Mail Manual regarding Special Standards: 700 Special Standards | Postal Explorer (usps.com)

d. Instructional materials ordered by the LEAs are the property of the producer until the LEA acknowledges receipt. If instructional materials are lost or damaged in transit to the LEA as a result of incorrect or substandard packaging or labeling, they must be replaced by the producer without additional cost to the state.

e. The awarded contractor must provide tracking numbers and any other available shipping details to TEA and LEAs, if requested.

1.8. Project Deliverables and Milestones

In addition to the scope and information provided above, TEA will expect the awarded contractor(s) to:

A. Inventory the braille master files as they arrive from the braille masters contractor.

B. Store and maintain braille masters (formatted braille files and graphics masters) for the term of the contract. The awarded contractor(s) must maintain environments that preserve the braille masters without damage. If a braille master of an instructional material is damaged or destroyed, the contractor is responsible for replacing the master at the contractor’s expense. This may include master BRF files or masters of collage graphics that may require careful storage.

C. Make reproductions from the braille masters received from the braille master’s contractor as requested/ordered.

https://pe.usps.com/text/dmm300/703.htm#ep1113979 https://pe.usps.com/text/dmm300/703.htm#ep1113979 https://pe.usps.com/text/dmm300/703.htm#ep1113979 https://pe.usps.com/text/dmm300/703.htm#ep1113979

D. Produce high-quality materials, free of defects, within the prescribed timeline:

1. Orders received for Proclamation 2024 materials on or before July 21, 2024, should be delivered to

LEAs by August 21, 2024.

2. Orders received after July 21, 2024, should be delivered to LEAs within 30 days from receipt of the braille master file or order, as applicable.

E. Package and ship instructional materials to the ordering LEA using the guidelines in 1.7 - Scope of

Work, Project Description, and Project Requirements. Titles with a large quantity of volumes should be shipped in batches, as the title is transcribed.

F. Submit periodic reports to TEA using the prescribed format, method, and timeline as determined by TEA. Report information includes, but is not limited to the following:

1. Number of braille copy orders completed, shown as shipped, and delivered to the ordering LEA within the timeframes specified by TEA. Include the purchase order number, LEA name, title of material, ISBN, and amount of time required to copy each assigned order from start to finish for all completed programs.

2. Number of braille copy orders not completed, entered in the state ordering system (currently EMAT), and delivered to the ordering LEA within the timeframes specified by TEA. The reported data should include the purchase order number, LEA name, title of material, ISBN, status of the order, including volume numbers that have been copied and shipped, and the reason for not completing the order within the timeframe specified.

3. Number of master files, including incomplete master file sets, that were not received within 120 days from the date the copy order was received. The reported date should include the purchase order number for which master files or incomplete master files were received, ISBN, title of material, and, if applicable, the date the last master file was received for each purchase order listed on the report.

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 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, instruments, 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 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 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;

- 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;

- Monitoring proper transmission and destruction of data.

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 activities must have documentation to support their completion. TEA reserves the right to reject goods or services that do not address the deliverables stated in the contract and do not meet TEA quality review.

In addition to carefully reviewing invoices before 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 products 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 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.

A complete response consists of two parts: Braille Copies Samples and the Response Narrative. The Braille Copies Samples are described in Section 3.5. The Response Narrative consists of all items on the Response Checklist in Attachment D.

Response Format and Requirements:

- Responses must be submitted as a single portable document format (PDF) file containing all required components and attachments.

- 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_Response).

- 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 Response are true and correct.

Discovery of any false statement in the Response may void the submitted Response or any resulting contracts.

- Contractors must submit Responses electronically by ShareFile link.

2.2. Electronic Submission Process

Submission by ShareFile

TEA will only accept responses using ShareFile as a secure electronic submission method. In order to upload their Response document(s), contractors must navigate to the specially created ShareFile folder linked below.

Contractors must include their name, company name, and email address prior to the upload. TEA encourages contractors to follow the filename conventions outlined above.

Once uploaded, the ShareFile application will notify TEA of the upload and send confirmation of the submission to the contractor’s email address entered prior to document upload. The file(s) will be date and time-stamped upon upload. Only approved TEA staff will have access to the information contained in the secure ShareFile folder. TEA relies on the upload confirmation to determine the timeliness of the Response.

Contractors are advised to plan ahead to ensure TEA receives their Responses ahead of the deadline. TEA determines whether a Response is on time or late based on when TEA receives the Response, not when it is uploaded or submitted.

The secure ShareFile link for this solicitation is: https://tea.sharefile.com/r-rbc7b1bbe47304c76a8fa406cc9139b19

Submission of Braille Copies Samples

This RFQ will require sample brailed material to be sent to TEA for the evaluation of the project. Each Contractor must send sample materials by certified mail with delivery signatures required to remain in consideration for award. TEA will not accept hand-delivery of Braille Copies samples. The shipping package must prominently display the solicitation number (RFQ 701-23-018) and include the contractor’s name/organization and return address. The bounded hard copy sample must be received at TEA no later than 2:00 P.M. CT on January 4, 2024. The contractor is responsible for shipping costs and for ensuring that the shipment is received at TEA by the deadline.

The address for shipping the Braille Copies samples to TEA is:

Texas Education Agency ATTN: Contracts and Purchasing Division

Attn: Jenna Mattingly 1701 North Congress Avenue

Austin, Texas 78701

Intent to Submit Response

TEA requests contractors notify TEA via email at TEASolicitations@tea.texas.gov as soon as possible of their intent to submit a Response (see Attachment A). Filing this notice is not mandatory; however, it assists TEA in anticipating the volume of Responses to better expedite the review process and finalize the contract award(s).

Filing this notice in no way obliges the filer to submit a Response. Failure to submit a Notice of Intent will not disqualify a contractor from consideration. A contractor that does not file this notice is still eligible to submit a Response.

2.3. Communication

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

Limited Contact Policy

Contractors must send all communications about this solicitation via email to the designated TEA Procurement Staff member at TEASolicitations@tea.texas.gov. 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.

https://tea.sharefile.com/r-rbc7b1bbe47304c76a8fa406cc9139b19 https://tea.sharefile.com/r-rbc7b1bbe47304c76a8fa406cc9139b19 mailto:HUBOffice@tea.texas.gov

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 apply to discussions concerning matters unrelated to this procurement, including business related to current contracts with TEA.

Question and Answer Process

TEA will post additional information regarding this procurement on the ESBD at http://www.txsmartbuy.com/esbd.

Contractors may submit questions to TEASolicitations@tea.texas.gov within the date and time specified in the Anticipated Schedule of Events. TEA will compile questions and related responses into one or more addenda documents and post them on the ESBD. Failure to periodically check the ESBD will in no way release contractors from complying with additional requirements contained within additional information posted on the ESBD.

Communication after the Response Due Date

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

- 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, 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 responses and to negotiate portions thereof, including the proposed Task, Activity, Deliverable, and Budget Plan and identified personnel.

http://www.txsmartbuy.com/esbd mailto:TEASolicitations@tea.texas.gov 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

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 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 Response(s) received under this solicitation, contractors may have the opportunity to demonstrate that some or all their Response falls into one or more exceptions to disclosure. Contractors should indicate on the Response cover if their submission contains proprietary information and identify 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.

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 Response.

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 Response. Responses 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 respondent 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 Response.

The contractor shall develop and administer the HSP as a part of the Response 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. The HSP will be incorporated into the contract between TEA and the selected contractor.

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

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 TEA Procurement Staff 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

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. The contractor shall also report all 2nd and 3rd tier subcontracting in the monthly PAR. 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 respondent is responsible for identifying the subcontracting needs for their unique Response.

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

Item: 92, Reading Devices, For the Vision Impaired

2. Class Code: 961 – Miscellaneous Services, No 1 Item: 72, Transcription Services: Academic, Braille, Legal, Medical, Electronic Duplication, etc.

3. Class Code, 966 – Printing and Typesetting Item: 18, Copying Service, Reproduction Item: 25, Digital Printing Item: 76, Print On-Demand Printing Services, Including Print and Distribute Services

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 proposer 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 proposer must complete the Conflict of Interest Analysis Form in https://comptroller.texas.gov/purchasing/vendor/cmbl/ https://mycpa.cpa.state.tx.us/commbook/classItemDetails/710 https://mycpa.cpa.state.tx.us/commbook/classItemDetails/710 https://mycpa.cpa.state.tx.us/commbook/classItemDetails/961 https://mycpa.cpa.state.tx.us/commbook/classItemDetails/966

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…