ESBD_File_346570_701-23-020 FINAL for ESBD.pdf

RFQ 701-23-020,

PRODUCTION OF LARGE-

PRINT MATERIALS FOR TEXAS

PUBLIC SCHOOLS

Summary The Texas Education Agency (TEA) is requesting responses for production and delivery of large-print instructional materials for Texas public schools in accordance will all requirements stated herein.

Authorized by:

PL 108-446, IDEA, as amended, Part B, Section 611.

Sec. 611. (a) Grants to States – (1) Purpose of Grants

Responses are due February 2, 2024 - 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. Response Checklist

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. Hard Copy of Large-Print Samples

3.6. Contractors Financial Capability………………………………………………………………………………………………………...25

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 OFFER30

ATTACHMENT C: HISTORICALLY UNDERUTILIZED BUSINESS SUBCONTRACTING PLAN

ATTACHMENT D: RESPONSE COVER PAGE AND CHECKLIST

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: HARD COPY LARGE PRINT SAMPLE..……………………………………………………………………………………65

1. Purpose, Background, and Scope of Work

1.1. Purpose

Through this Request for Qualifications (RFQ), the Texas Education Agency (TEA) is seeking to qualify contractors that can print, bind, and ensure delivery of large-print instructional materials for Texas public schools. The awarded contractor(s) will be responsible for producing, shipping, and ensuring delivery of large-print versions of instructional materials to Texas public schools as adopted by the State Board of Education (SBOE) under Proclamation 2024 which can be found on the Proclamations page of the TEA website:

https://tea.texas.gov/academics/instructional-materials/review-and-adoption-process/proclamations.

The awarded contractor(s) may also produce, ship, and ensure delivery of large-print versions of 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 educational 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 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, print, bind, ship, and ensure delivery of grades K–12 large-print instructional materials for Proclamation 2024.

- Produce, print, bind, ship, and ensure delivery of grades K–12 large-print versions of instructional materials reviewed and approved by the SBOE in subsequent years.

- Produce, print, bind, ship, and ensure delivery of grades K–12 large-print versions of various instructional materials, such as TEA-developed open educational resources.

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 large-print 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.

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

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 https://tea.texas.gov/academics/instructional-materials/review-and-adoption-process/proclamations 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 approve materials by December 1 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 in large-print 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 large-print format for approved instructional materials on an ongoing, as-needed basis.

More information about HB 1605 can be found here: Texas Legislature Online - 88(R) History for HB 1605. 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 CMBL Centralized Master Bidders List Contractor(s) “Contractor(s)” refers to entities who desire to do business with TEA.

DIR Department of Information Resources EMAT TEA’s 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 ISBN International Standard Book Number LEA Lead Education Agency NIGP National Institute of Governmental Purchasing NIMAS National Instructional Materials Accessibility Standard OER Open Education Resources PAR Progress Assessment Report QAP Quality Assessment Plan Response “Response” refers to content submitted by Contractors to TEA in response to this solicitation.

SBOE School Board of Education State or Texas State of Texas TAC Texas Administrative Code TEA Texas Education Agency https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB1605 https://capitol.texas.gov/tlodocs/88R/analysis/html/HB01605H.htm https://capitol.texas.gov/tlodocs/88R/analysis/html/HB01605H.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm

TEA Procurement Staff

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

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

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

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

1.3. TEA Mission and Procurement Authority

The 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, IDEA, as amended, Part B, Section 611. Sec. 611. (a) Grants to States – (1) Purpose of Grants.

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

January 2, 2024

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.

January 9, 2024 Last day to submit written questions about this solicitation no later than 2:00 P.M.

Central Time to TEASolicitations@tea.texas.gov

January 16, 2024 Final publication of questions and answers in the ESBD at:

http://www.txsmartbuy.com/esbd

January 16, 2024 TEA preferred date to receive Notice of Intent to submit a response February 2, 2024 Response(s) due no later than 2:00 P.M. Central Time February 3, 2024 – February 16, 2024

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

February 2024 Commencement of contract negotiations with selected contractor(s) March 2024 Anticipated start date of contract

1.5. Contract Term

The term of any contract resulting from this solicitation shall be from contract execution to August 31, 2034, with no renewals. 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 that contractors perform 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. Contractors will be evaluated based on their experience, technical competence, capability to perform, past performance, and other relevant factors submitted in the response to this RFQ. The proposed budget will not be a determining factor for evaluating proposals but will be negotiated once a contractor is qualified. Once qualified, TEA will review Task, Activity, Deliverables, and Budget Plans for the purpose of contracting for goods and/or services.

TEA will not accept separate indirect cost rate calculations for this procurement. The proposed budget and payments to the contractor(s) must be based on satisfactory completion and TEA acceptance of deliverables.

EMAT is TEA’s current instructional materials ordering, processing, and management system. Local education agencies (LEAs) access EMAT to order instructional materials; EMAT also connects large-print producers to automate most of the processes involved in the ordering, shipping, and invoicing of large-print instructional materials.

TEA will provide instructions to the awarded contractor(s) to obtain login credentials to enter large-print volume details in the current online, secure interface. A voucher is generated as each large-print volume is http://www.txsmartbuy.com/esbd mailto:TEASolicitations@tea.texas.gov mailto:HUBOffice@tea.texas.gov http://www.txsmartbuy.com/esbd entered and shipped in the procurement system. The voucher is the official invoice and payment will be made through TEA’s online procurement system. 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.

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 as a result of this solicitation.

Some titles may not be suitable for ordering in large-print format and will not be produced.

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

The awarded contractor(s) will produce, pack, and ship large-print instructional materials. LEAs submit orders for instructional materials to TEA using the electronic instructional materials ordering system (currently known as EMAT). The awarded contractor(s) must agree to use the system or other TEA-specified system to track incoming orders and enter information about completion of orders for large-print materials. The awarded contractor(s) must correctly enter volume and shipping information in the TEA ordering system for payment vouchers to be generated.

Long-term storage, safekeeping, and security for large-print master files and/or source materials 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 master file is lost, damaged, or destroyed, the contractor(s) will be responsible for replacing the master file at the contractor’s expense.

Instructional materials adopted under Proclamation 2024 and ordered by July 22, 2024, must be delivered by August 22, 2024. This deadline is contingent upon receipt of all needed source materials on or before July 22, 2024. Instructional materials adopted under Proclamation 2024 and ordered after July 22, 2024, must be delivered to the ordering LEA within 30 days of receipt of the order.

TEA requires large-print instructional materials to be produced and provided to ordering LEAs in the most expedient manner possible. The awarded contractor(s) will be responsible for satisfactorily performing the complete array of activities needed to produce and deliver large-print instructional materials to LEAs. Large-print instructional materials must be free of defects and are subject to recall by TEA. Upon notification from TEA that the materials do not meet the standards, the awarded contractor(s) must redo the book(s) at the vendor’s expense as soon as possible, not exceeding 30 days.

The awarded contractor(s) may be responsible for producing large-print format of TEA-developed open education resources. TEA will work with publishers of open educational materials and awarded contractor(s) to provide all the necessary materials. Provided the awarded contractor(s) has all needed materials for production, the expected timeline for completion and shipping to an LEA is 30 days from the date of the LEA’s order.

The awarded contractor(s) may be responsible for producing large-print format instructional materials approved by the SBOE in future IMRA cycles. TEA will work with publishers of approved materials and awarded contractor(s) to provide all the necessary materials. Provided the awarded contractor(s) has all needed materials for production, the expected timeline for completion and shipping to an LEA is 30 days from the date of the LEA’s order.

Upon completion of a large-print 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 large-print volumes and will not mark them as received. If TEA determines the materials must be replaced, the awarded contractor(s) must, at the contractor’s expense, ship replacement materials as quickly as possible but no later than seven days from the date of notification.

TEA requires large-print instructional materials to be produced and provided to ordering districts in the most expedient manner possible. Large-print 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.

The awarded contractor(s) 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 large-print 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 because of a recall is at the expense of the producer. It is the prerogative of the agency to institute a recall.

The agency reserves the right to inspect any process being performed. At any time during the contract, during normal business hours, agency representatives have authority to select, at random, samples of the finished product to test for adherence to the specified requirements. TEA may direct the awarded contractor(s) to shift production efforts and focus on the speedy completion of specific titles as needed.

A. Requirements for Production of High-Quality, Error Free Large-Print Materials

1. Large-print type size - type size should be between 18 and 22 points; the maximum trim size is 9 inches wide by 12 inches high.

2. Production standards - large-print producers should use state-of-the-art technology to create the highest definition and clarity for both text and photographs. The type must be black or a type of color that provides maximum contrast and legibility for low-vision readers; the background must be clean and free of clutter. To the extent possible, the large-print format should look the same as the non-specialized version of the textbook, whether it be hardbound or softcover (such as a consumable workbook). It may be necessary to adjust the ink colors to ensure maximum contrast. It is acceptable to rotate the pages to display a single portrait page across two landscaped pages.

3. Outer cover and content - the cover and content must be a full-color reproduction of the non-specialized material, except for the type. All the type in large-print instructional materials must be black or a type of color that provides enough contrast for low-vision readers. Instructional materials packages may contain hardcover books, softcover books (typically consumable), or a mix of both.

4. Paper - a white, matte, highly opaque paper, minimum of 50-pound weight, that displays good contrast and sharpness of print is required.

5. Pagination - duplex reproduction is required; pagination must exactly match that of the original material.

6. Trim page size - trim size should not exceed 9 inches wide by 12 inches long with the largest possible font size unless otherwise approved by TEA. If an enlargement is approved, the enlargement must use at least 18-point type. Page size must be uniform for all pages in a product.

7. Margins - specifications for margins are as follows:

A. Back: not less than 3/4 inch measured from stitching.

B. Head: not less than 3/8 inch C. Front: not less than 1/2 inch D. Foot: not less than 5/8 inch

Marginal notes, foot folios, line numerals, extended side heads, maps and bleed-type illustrations, and captions (legends) are not considered part of the text page. The above measurements are subject to normal variations due to the limitations of mechanical equipment. If the margin requirements cannot be met using at least 18-point font, the margin sizes can be adjusted with prior approval from TEA.

8. Titles - the front cover should be an exact duplicate (text and color) of the original material. No stamping is required. The spine should be stamped in black ink and include the following from top to bottom: International Standard Book Number (ISBN), Title, Grade Level, Volume, and Author. If one volume contains the entire product, a volume designation is not necessary. If multiple volumes are required, the number of volumes and the number of each volume must be provided using the following format: In three (3) volumes, volume 1 of 3.

9. Volumes - when more than one volume is necessary for a product, each volume must contain the same number of pages, to the extent possible. No volume is to contain over 150 numbered pages. (If there are 151 pages, the material must be bound in two volumes.) Breaks between volumes must be at the end of the chapter or section closest to the break point.

10. Title page - the title, copyright, and table of contents pages must be included in each volume. The appropriate volume designation must be inserted on the title page just below the title.

11. Binding - binding must use end-leaf cover material, 80# basis weight. This paper should match as closely as possible the color of the original instructional material cover. Binding must use unattached back and front cover parts joined by a spine. Cover material should overlap the outside of the back and front edges of the cover by a minimum of 3/4 inch. The binding must extend over text sheets by 1/8 inch at the head, front, and tail of the book. Binding size for all volumes of a title must be uniform. The volume must be over sewn, and the binding must include rounding and backing with suitable joints.

The binding should be of the same quality as the non-specialized version of the textbook.

12. Books not produced in large-print – materials that are in 18-point type size or larger will not be produced in large-print.

B. Packaging, Shipping, and Delivery of Large-Print Materials

Large-print instructional materials must be delivered to students with visual impairments at the same time other students receive their material. The awarded contractor(s) will be required to pack, ship, and ensure delivery of materials directly to ordering LEAs.

1. Packaging Requirements- Large-print materials must be packaged in a manner that protects the material from damage during transit. The packing list must be printed through the state ordering system (currently EMAT) and included in the shipment. In addition to the packing list, documentation must be included that clearly specifies 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

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

3. Shipping Requirements

A. If the awarded contractor(s) is in Texas, for all orders weighing 150 lbs. or less, the awarded contractor(s) 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(s) is in Texas, for all orders weighing over 150 lbs., the awarded contractor(s) must make shipping arrangements using a reputable national or regional freight carrier using ground delivery. The selected freight carrier must meet with TEA approval prior to shipping. The awarded contractor(s) 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(s) is located outside of Texas, large-print 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 LEA are the property of the producer until the LEA acknowledges receipt. If instructional materials are lost or damaged in transit to the LEA because of incorrect or substandard packaging or labeling, they must be replaced by the producer without additional cost to the state.

E. The awarded contractor(s) must provide tracking numbers and any other available shipping details to TEA and the LEA, 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 NIMAS files, PDFs, and print materials as they arrive from publishers.

B. Check the usability of NIMAS files as they arrive from publishers.

C. Provide a report by May 20, 2024, to the District Operations, Technology, and Sustainability Supports team on NIMAS files, PDFs, and print materials that have not been received from publishers and NIMAS files that are of poor quality. The report should be emailed to the project manager.

D. Store and maintain NIMAS files, PDFs, and print materials for the term of the contract.

E. Furnish the facility, personnel, equipment, and supplies needed to produce large-print instructional materials in full color, bind the large-print instructional materials copies, conduct final quality checks, and ship the large-print copies to LEAs.

F. Produce large-print instructional materials as full color reproductions of the original instructional materials, using the guidelines and specifications from the Manufacturing Standards and Specifications for Textbooks and the guidelines within this solicitation.

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

1. Orders received on or before July 22, 2024, should be delivered to LEAs by August 22, 2024.

2. Orders received after July 22, 2024, should be delivered to LEAs within 30 days from receipt of the order, as applicable.

H. Package and ship/deliver instructional materials to the ordering LEA using standard shipping or freight carrier(s) (See Section 1.7, B, 3).

I. 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 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 complete the order from start to finish.

2. Number of 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 which have been copied and shipped, and the reason for not completing the order within the timeframe specified.

1.9. Collaboration

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

Awarded Contractor(s) 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 schedules for deliverables as specified by TEA after consultation with the awarded contractor(s);

- 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 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); 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 the contractors-submitted monthly progress reports to ensure compliance with contract terms;

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

- Providing and coordinating feedback on all submitted reports;

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

- 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 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 and/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/or 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 those 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(s) 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 the contractor(s) to ensure the project is meeting established milestones and deadlines;

- Reviewing contractors-prepared progress reports;

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

- Implementing a corrective action plan if contractor(s) is not meeting contract performance expectations;

- Monitoring contractors’ 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: A Large-print Sample and the Response Narrative. The Large-print Sample is described in Section 3.5. The Response Narrative consists of all items on the Proposal 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., 23-020_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).

- Contractors 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 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 contractors’ 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-rbfa6157ff046494887d69bfc35e8936e

Submission of Hard Copy Large-Print Sample

The contractor MUST SHIP the Large-Print Sample described in Section 3.5 to TEA via the United States Postal Service (USPS) or contract carrier. TEA will not accept hand-delivery of Large-print samples. The shipping package must prominently display the solicitation number (RFP 701-23-020) and include the contractor’s name/organization and return address. The Large-Print Samples must be received at TEA no later than 2:00 P.M. CT on January 29, 2024. The contractor is responsible for shipping costs and for ensuring that the shipment is received at TEA by the deadline.

https://tea.sharefile.com/r-re8358bf51c864724a0595b18213f8279 https://tea.sharefile.com/r-re8358bf51c864724a0595b18213f8279

Each contractor must send sample materials by certified mail with a delivery signature required. Only sample materials will be accepted by mail. The response submission using ShareFile as a secure electronic submission method remains the only acceptable method to send a response to TEA for this solicitation. More information pertaining to the sample materials can be found in Section 3.5 of this RFQ.

Mail Large Print Samples to:

Texas Education Agency

Contracts and Purchasing Department Attn: Jenna Mattingly

1701 North Congress Avenue Austin, TX 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.

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.

mailto:TEASolicitations@tea.texas.gov mailto:HUBOffice@tea.texas.gov

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(s).

TEA will notify all contractors of the award or non-selection upon contract execution. The Limited Contact Policy remains in force until all contracts 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 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(s) 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 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 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm 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 contractor is self-performing or made a good faith effort to subcontract work to other HUBs.

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

HUB Subcontracting Goal

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

TEA encourages contractors to collaborate with 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(s) will be responsible for maintaining business records documenting compliance with HUB Program requirements. The contractor(s) must submit a Progress Assessment Report (PAR) monthly documenting all subcontractor(s) payments made in the preceding month. Submission of the PAR is a condition for payment. The contractor(s) 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 goods and/or services 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 response.

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

Item: 92, Reading Devices, For the Visual 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 Services

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 contractors 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.