ITB 2024-49 9.5.2023.pdf

State of Florida Florida Department of Education

Bureau of Contracts, Grants and Procurement Management Services 344 Turlington Building 325 West Gaines Street

Tallahassee, Florida 32399-0400

BID REGISTRATION

COMPLETE AND RETURN THIS FORM

BID NO.: ITB 2024-49

TITLE: CLASSROOM ASSESSMENT SCORING SYSTEM (CLASS®) MATERIALS

DATE & TIME DUE: September 5, 2023 @ 10:30 Eastern Time (ET)

Potential Bidders should notify the Florida Department of Education, Bureau of Contracts, Grants and Procurement Management Services of their intent to bid by returning this Bid Registration Form as soon as possible after downloading.

Complete the information below and send this sheet only to below e-mail address (preferred). Form may also be faxed to fax number 850/245-0719, or mailed to 325 West Gaines Street, 344 Turlington Building, Tallahassee, Florida 32399-0400.

COMPANY NAME:

CONTACT PERSON:

ADDRESS:

CITY, STATE, ZIP:

TELEPHONE: ( ) FAX NUMBER: ( )

INTERNET E-MAIL ADDRESS:

SIGNED: DATE:

For further information on this process, you may contact Anita Wimberly at 850-245-9289 Anita.Wimberly@fldoe.org .

(Revised 09/1/2022) mailto:Anita.Wimberly@fldoe.org

State of Florida

Department of Education

INVITATION TO BID

CLASSROOM ASSESSMENT SCORING SYSTEM (CLASS®) MATERIALS

BID NUMBER: ITB 2024-49

DEADLINES

TECHNICAL QUESTIONS: August 24, 2023 by 5:00 PM

BID RESPONSE SUBMITTAL DUE: SEPTEMBER 12, 2023 @ 10:30 AM

ESTIMATE POSTING DATE: September 15, 2023

MAIL OR DELIVER BID RESPONSES TO:

Bureau of Contracts, Grants and Procurement Management Services

325 West Gaines Street 344 Turlington Building

Tallahassee, Florida 32399-0400 Attention: Anita Wimberly

BID NO: ITB 2024-49 Classroom Assessment Scoring Assessment (CLASS®) Materials

Table Of Contents

BID REGISTRATION

• SECTION 1 –INSTRUCTIONS..6

1.0 GENERAL INSTRUCTIONS TO RESPONDENT

• SECTION 2 – CONTRACT CONDITIONS

2.0 GENERAL CONTRACT CONDITIONS

• SECTION 3 - INTRODUCTION

3.0 INTENT

3.1 BACKGROUND

3.2 DEFINITIONS

3.3 SCHEDULE OF EVENTS (ALL DATES IN BID SUBJECT TO CHANGE)

• SECTION 4 – SPECIAL INSTRUCTIONS

4.0 NON-RESPONSIVE BIDS, NON-RESPONSIBLE BIDDERS

4.1 POOR PERFORMANCE NOTICE

4.2 QUESTIONS

4.3 RESTRICTIONS ON COMMUNICATIONS WITH DEPARTMENT STAFF

4.4 PROCUREMENT PROTESTS/NOTICE OF RIGHTS

4.5 ADDENDA

4.6 MINOR EXCEPTIONS

4.7 COPYRIGHTED MATERIAL

4.8 CONFIDENTIAL MATERIAL

4.9 PREPARATION COST

4.10 WITHDRAWAL

4.11 PUBLIC OPENING OF BID RESPONSES

4.12 CORRECTION OF BID RESPONSE ERRORS

4.13 VISITOR PASS TO THE TURLINGTON BUILDING

4.14 ACCESSIBILITY FOR DISABLED PERSONS

4.15 RESPONSE DURATION

4.16 PRICING

4.17 AWARD

4.18 AUTHORIZATION TO DO BUSINESS IN THE STATE OF FLORIDA

4.19 LICENSED TO CONDUCT SERVICES IN THE STATE OF FLORIDA

4.20 NOTICE TO CONTRACTOR

4.21 QUALIFICATIONS

4.22 SUBMISSION OF BID RESPONSES BY SUBSIDIARIES OR AFFILIATES

4.23 IDENTICAL EVALUATION OF BID RESPONSES

4.24 INDEPENDENT PRICE DETERMINATION

4.25 METHOD OF PAYMENT

4.26 EXTENSION

4.27 INSPECTION AUDIT AND MAINTENANCE OF REPORTS

4.28 DIVERSITY IN CONTRACTING

4.29 SUB-CONTRACTING

4.30 CONTRACTUAL OBLIGATIONS

4.31 CONTRACT COMPLETION

4.32 DISPOSITION OF BID RESPONSES

4.33 TRANSPORTATION AND DELIVERY

BID NO: ITB 2024-49 Classroom Assessment Scoring Assessment (CLASS®) Materials

4.34 ALTERNATES

4.35 WARRANTY/SUBSTITUTIONS

4.36 REPLACEMENT/RESTOCKING

4.37 PRODUCT REQUIREMENTS/SPECIFICATIONS

4.38 ACCEPTANCE

• SECTION 5– SPECIAL TERMS AND CONDITIONS

5.0 PRE-BID CONFERENCE: A PRE-BID CONFERENCE WILL NOT BE HELD

5.1 SITE INSPECTION (IS NOT APPLICABLE TO THIS ITB)

5.2 PERFORMANCE BOND (NOT REQUIRED))

5.3 INSURANCE, WORKERS’ COMPENSATION

5.4 INSURANCE, GENERAL LIABILITY

5.5 INDEMNIFICATION

5.6 EMPLOYEE REQUIREMENTS

5.7 PARTICIPATION IN FUTURE STAGES OF THIS PROJECT

5.8 INFORMATION TECHNOLOGY REQUIREMENTS

5.9 SCRUTINIZED COMPANIES LISTS

5.10 SCRUTINIZED COMPANIES – TERMINATION

• SECTION 6 – SCOPE OF SERVICES

6.0 SCOPE OF SERVICES

6.1 DELIVERABLES .................................................................................... Error! Bookmark not defined.

6.2 LIQUIDATED DAMAGES (IS NOT APPLICABLE TO THIS ITB)

6.3 FINANCIAL CONSEQUENCES

• SECTION 7 – SPECIAL INSTRUCTIONS – BID RESPONSE FORMAT & CONTENT

7.0 BID RESPONSE SUBMISSION

7.1 BID CONDITIONS

7.2 BID RESPONSE FORMAT INSTRUCTIONS

• SECTION 8 – SUBMITTALS AND EVALUATION

8.0 PRELIMINARY SUBMITTAL REVIEW

8.1 POSTING OF BID TABULATION

8.2 PROTEST OF BID TABULATION OR PROCUREMENT TERMS

8.3 INABILITY TO POST

8.4 AWARD OF THE CONTRACT

• ATTACHMENT ‘A’

VENDOR’S BID SHEET

• ATTACHMENT ‘B’

DISCLOSURE STATEMENT

• ATTACHMENT ‘C’

CONTRACT STANDARD TERMS AND CONDITIONS

• REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

• ATTACHMENT ‘D’

DRUG-FREE WORKPLACE

• ATTACHMENT ‘E’

BID NO: ITB 2024-49 Classroom Assessment Scoring Assessment (CLASS®) Materials

MINORITY SUB CONTRACTORS’ UTILIZATION SUMMARY

• ATTACHMENT ‘F’

SCRUTINIZED COMPANIES LISTS

• BID RESPONSE CHECKLIST

BID NO: ITB 2024-49 Classroom Assessment Scoring Assessment (CLASS®) Materials

INVITATION TO BID

FLORIDA DEPARTMENT OF EDUCATION

CLASSROOM ASSESSMENT SCORING ASSESSMENT (CLASS®) MATERIALS

BID NUMBER: ITB 2024-49

SECTION 1 –INSTRUCTIONS

1.0 GENERAL INSTRUCTIONS TO RESPONDENT

This section contains instructions explaining the solicitation process and the actions necessary to respond. General Instructions to Respondent (Form PUR 1001 – incorporated herein by reference) is a downloadable document which must be downloaded for review. This document need not be returned with the respondent’s Bid Response. Form PUR 1001 may be accessed at http://dms.myflorida.com/business_operations/state_purchasing under “Documents, Forms, References and Resources”.

In the event of any conflict between Form PUR 1001 and other instructions provided in this document, the additional instructions in this document shall take precedence over the Form PUR 1001 unless the conflicting term is required by any section of the Florida Statutes, in which case the statutory requirements shall take precedence.

ALTHOUGH THE ITB MAY USE MANDATORY WORDS LIKE “SHALL,” “WILL,” “SHOULD” OR “MUST,” AND MAY DEFINE CERTAIN ITEMS AS REQUIREMENTS, THE DEPARTMENT RESERVES THE RIGHT, IN ITS DISCRETION, TO WAIVE ANY DEVIATIONS FROM THESE PROVISIONS. IN ADDITION, THERE IS NO GUARANTEE THAT SUCH DEVIATIONS WILL BE DEEMED IN THE STATE’S BEST INTEREST OR A MINOR

IRREGULARITY.

SECTION 2 – CONTRACT CONDITIONS

2.0 GENERAL CONTRACT CONDITIONS

Standard terms and conditions that will apply to the contract which results from the solicitation event are provided in this section. General Contract Conditions (Form PUR 1000 – incorporated herein by reference) is a downloadable document which must be downloaded for review. This document need not be returned with the respondent’s Bid Response. Form PUR 1000 may be accessed at http://dms.myflorida.com/business_operations/state_purchasing under “Documents, Forms, References and Resources”.

In the event of any conflict between the PUR 1000 form and any other Special Conditions, the Special Conditions shall take precedence over the PUR 1000 form unless the conflicting term in the PUR form is required by any section of the Florida Statutes, in which case the term contained in PUR 1000 shall take precedence.

SECTION 3 - INTRODUCTION

3.0 INTENT

The State of Florida Department of Education / Division of Early Learning (hereinafter referred to as the "Department") is soliciting written Bid Responses from qualified vendors to establish a 60 month term contract for Classroom Assessment Scoring System (CLASS®, CLASS) materials. The purpose of the resulting Contract with the Contractor is to set forth the terms and conditions for purchasing CLASS assessment materials described in the scope of work by the http://dms.myflorida.com/business_operations/state_purchasing http://dms.myflorida.com/business_operations/state_purchasing

BID NO: ITB 2024-49 Classroom Assessment Scoring Assessment (CLASS®) Materials

Division of Early Learning (DEL), Early Learning Coalitions (ELCs) or their authorized agents, and the Redlands Christian Migrant Association (RCMA).

The resulting Contract may be renewed for up to five (5) one-year terms. See Form PUR 1000 for renewal requirements.

3.1 BACKGROUND

The Division of Early Learning provides oversight and administration for early learning programs in Florida. These programs include but are not limited to the School Readiness Program, Child Care Resource and Referral Program (CCR&R), and the Voluntary Prekindergarten Education (VPK) Program. Early learning services are implemented at the local level by thirty (30) Early Learning Coalitions (ELCs) and the RCMA located throughout the State.

Per s.1002.89(4)(b)3. Florida Statute, school readiness program funding may be used for providing training and technical assistance for school readiness program providers, staff, and parents on teacher-child interactions. Per s.

1002.68(2) VPK program funding may be used for providing training and technical assistance for VPK providers, staff and parents on teacher-child interactions.

ELCs are required by law to implement the Classroom Assessment Scoring System (CLASS®, CLASS) assessment.

CLASS is an observation-based assessment that measures the quality of teacher child interactions. DEL has invested in the creation of a statewide network of reliable CLASS assessors. CLASS assessment materials are used by trained ELC observers to conduct CLASS assessments of school readiness and VPK classrooms. Various CLASS materials are required to assess classrooms and train assessors, teachers, and ELC technical assistance (TA) staff who provide TA to providers following assessment. This ITB shall establish CLASS assessment materials pricing for use by DEL, ELCs or their authorized agents, and RCMA.

The federal Child Care and Development Fund (CCDF) block grant will fund 100 percent of any material purchases under the terms and conditions of the Contract resulting from this ITB.

3.2 DEFINITIONS

As used herein, the following definitions apply:

1. Bid: All documents and materials contained in the formal ITB package submitted by a Bidder in response to this solicitation.

2. Bidder: Means a potential Contractor acting on their own behalf and on behalf of those individuals, partnerships, firms, or corporations comprising the Bidder’s team who submits a response to this solicitation.

3. Bid Response: means the complete response of the Bidder to the ITB, including properly completed forms and supporting documentation.

4. Contract: The agreement entered into between the Department and the successful Bidder after completion of the

Invitation to Bid process.

5. Contractor: The successful Bidder, selected as a result of this Invitation to Bid (ITB), with which the Department executes a Contract to provide the required services.

6. Customer: Authorized users of the Contract resulting from this ITB including the DEL, ELCs or their authorized agents, and the RCMA.

7. Deliverable means a tangible, specific, quantifiable and measurable event or item that must be produced to complete a project or part of a project directly related to the scope of services.

8. Department: Refers to the Florida Department of Education.

9. Division of Early Learning (DEL): The governmental entity providing oversight and administration for early learning programs in Florida including the School Readiness Program (child care subsidies), Child Care Resource and Referral Program (CCR&R), and the Voluntary Prekindergarten (VPK) Education Program.

10. DOE: Florida Department of Education.

BID NO: ITB 2024-49 Classroom Assessment Scoring Assessment (CLASS®) Materials

11. Early Learning Coalition (ELC) – Part of a system of thirty (30) statutorily created local entities in Florida that implement early learning programs at the local level including, but not limited to, the School Readiness (SR) Program, Child Care Resource and Referral Program (CCR&R), and the Voluntary Prekindergarten (VPK) Education Program

12. RCMA – Redlands Christian Migrant Association.

13. VIP: Florida Vendor Information Portal – website where all available information regarding this formal procurement is located: MyFloridaMarket Place Vendor Information Portal.

3.3 SCHEDULE OF EVENTS (ALL DATES IN BID SUBJECT TO CHANGE)

ACTIVITY DATE

Issuance Of ITB August 18, 2023 Technical Questions [FAX OR E-MAIL (PREFERRED) ACCEPTABLE] NOTE: Administrative questions responded to throughout bid process August 24,2023 @ 5:00 PM

Responses To Questions (this date is on or about) August 28, 2023

ITB RESPONSES DUE (FAX NOT ACCEPTABLE)

OPENINGS WILL BE CONDUCTED VIA CONFERENCE CALL. TOLL-FREE: 888-585-9008; PIN:

818-095-394

September 12, 2023 @ 10:30 AM

ESTIMATED POSTING OF INTENDED AWARD (date is on or about) September 15, 2023 Anticipated Effective Date January 1, 2024

SECTION 4 – SPECIAL INSTRUCTIONS

4.0 NON-RESPONSIVE BIDS, NON-RESPONSIBLE BIDDERS

Bid Responses that fail to provide material information may be rejected as non-responsive. A Bidder whose Bid Responses, past performance or current status do not reflect the capability, integrity or reliability to perform fully and in good faith the requirements of the Contract may be rejected as non-responsible. The Department reserves the right to waive any minor irregularities or technicalities in any Bid Response received, to reject any or all Bid Responses in whole or in part, with or without cause, to solicit new Bid Responses or to accept the Bid Response which, in its judgment, will be in the best interest of the Department. The Department reserves the right to use any information presented in any response to this

ITB.

4.1 POOR PERFORMANCE NOTICE

The bidder should provide for both the bidder and his/her employees, subcontractors and subcontractor employees copies of any and all documents regarding complaints filed, investigations made, warning letters or inspection reports issued, any notice of breach, notice of default, termination notice, suspension notice, or any disciplinary action initiated or taken under any contract or job performance within the past seven (7) years. For each instance listed, provide a narrative summary of the Contract’s purpose and scope of work, the bidder’s performance (including the concerns of the project owner) and any major adverse findings. In addition, provide the Contract or job number; the name of the owner;

the term of the Contract; and the name, address and telephone number of the owner’s Contract Manager. Please also include any relevant documentation evidencing the performance issues.

The Department reserves the right to seek further information on this matter from the bidder or to make inquiries with the project owner. The information obtained from this review may be used to declare the bidder a non-responsible vendor.

4.2 QUESTIONS

Potential Bidders should examine the ITB to determine if the Department’s requirements are clearly stated. If there are any requirements, which restrict competition, the Bidder may request, in writing, to the State that the specifications be changed.

The Bidder who requests changes to the State’s specifications should identify and describe the Bidder’s difficulty in meeting the State’s specifications, should provide detailed justification for a change, and should provide recommended changes to the specifications. Questions concerning conditions and specifications of this ITB, and/or requests for changes to https://vendor.myfloridamarketplace.com/

BID NO: ITB 2024-49 Classroom Assessment Scoring Assessment (CLASS®) Materials the Bid Response should be received in writing by the Bureau of Contracts, Grants and Procurement Management Services as specified in SECTION 3.3 SCHEDULE OF EVENTS. A Bidder’s failure to request changes by the specified date shall be considered to constitute Bidder’s acceptance of State’s specifications. The State shall determine what changes to the ITB shall be acceptable to the State.

Questions may be e-mailed (preferred), faxed or delivered to the address below:

Bureau of Contracts, Grants and Procurement Management Services Attn: Anita Wimberly

325 West Gaines Street, Room 344 Tallahassee, Florida 32399-0400

E-mail (preferred): Anita.Wimberly@fldoe.org

FAX (850) 245-0719

4.3 RESTRICTIONS ON COMMUNICATIONS WITH DEPARTMENT STAFF

Bidders shall not communicate with any Department staff concerning this ITB except for the Department contact person identified in SECTION 4.2 QUESTIONS of this ITB. Only those communications which are in writing from the Bureau of Contracts, Grants, and Procurement Management Services shall be considered as a duly authorized response on behalf of the Department. For violation of this provision, the Department reserves the right to reject a Bidder’s Bid Response.

Bidders to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a Bid Response.

4.4 PROCUREMENT PROTESTS/NOTICE OF RIGHTS

Pursuant to Florida Statutes, Section 120.57(3)(b):

Any person who is adversely affected by the agency decision or intended decision shall file with the agency a notice of protest in writing within 72 hours after the posting of the notice of decision or intended decision. With respect to a protest of the terms, conditions, and specifications contained in a solicitation, including any provisions governing the methods for ranking bids, proposals, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract, the notice of protest shall be filed in writing within 72 hours after the posting of the solicitation.

The formal written protest shall be filed within 10 days after the date the notice of protest is filed. Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings under this chapter. The formal written protest shall state with particularity the facts and law upon which the protest is based. Saturdays, Sundays, and state holidays shall be excluded in the computation of the 72-hour time periods provided by this paragraph.

Section 120.57(3)(a) provides:

Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes."

Florida Administrative Code Rule 28-110.002(2) defines the term “decision or intended decision,” and includes the solicitation terms (and any addenda), the award of the Contract, and a rejection of all Bid Responses.

At the time of filing the Formal Written Protest the protestor must also file a Protest Bond payable to the Department in an amount equal to 1 percent of the estimated Contract amount. Florida Statutes, Section 287.042(2)(c) and Florida http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0120/Sec57.HTM

BID NO: ITB 2024-49 Classroom Assessment Scoring Assessment (CLASS®) Materials

Administrative Code Rule 28-110.005 contain further terms relating to the Protest Bond, including how to determine the estimated Contract amount. In lieu of a Protest Bond, the Department will accept cashier’s checks, official bank checks or money orders. The bond shall be conditioned upon the payment of all costs and charges that are adjudged against the protestor in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding.

The Notice of Protest, Formal Written Protest, and Protest Bond shall be addressed to the issuing office as defined in SECTION 6.0 BID SUBMISSION and filed with the agency clerk.

4.5 ADDENDA

No negotiations, decisions, or actions will be initiated or executed by a Bidder as a result of any oral discussions with a Department employee. Only those communications that are in writing from the Bureau of Contracts, Grants and Procurement Management Services will be considered as a duly authorized expression on behalf of the Department.

If the Department determines that it should modify or interpret any portion of the ITB documents prior to the closing time and date, such changes will be included as a written addendum to the ITB. No other methodology will be considered binding or authorized in giving information concerning, or to explain or interpret the ITB document.

Notice of changes (addenda) will be posted on the Florida Vendor Information Portal (VIP) website at MyFloridaMarket Place Vendor Information Portal (click on Search Advertisements under the Florida Solicitation Advertisement section, then populate the Organization field with the Department of Education. Initiate search by clicking the Search button).

Click on this bid number to review posted documents. It is the responsibility of all potential Bidders to monitor this site for any changing information prior to submitting a Bid Response.

NOTE: SIGNED ACKNOWLEDGEMENT OF ANY ADDENDA SHOULD ACCOMPANY ITB RESPONSE. FAILURE TO

SUBMIT THE ACKNOWLEDGE FORM MAY RESULT IN DISQUALIFICATION OF THE BIDDER

4.6 MINOR EXCEPTIONS

The Department may waive minor deviations or exceptions in Bid Responses providing such action is in the best interest of the State of Florida. Minor deviations/exceptions are defined as those that have no adverse effect upon the State's interest and would not affect the amount of the Bid by giving a contractor an advantage or benefit not enjoyed by other contractors.

4.7 COPYRIGHTED MATERIAL

Copyrighted material will be accepted as part of a Bid Response only if accompanied by a waiver that will allow the Department to make paper and electronic copies necessary for use by Department staff and agents. It is noted that copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Therefore, such material will be subject to viewing by the public, but copies of the material will not be provided to the public. All development and use of copyright material in fulfilling the terms of the Bid shall be governed by the terms of the Contract between the Contractor and the Department.

4.8 CONFIDENTIAL MATERIAL

The Department takes its public records responsibilities as provided under chapter 119, Florida Statutes and Article I, Section 24 of the Florida Constitution, very seriously. If respondent considers any portion of the documents, data or records submitted in response to this solicitation to be confidential, trade secret or otherwise not subject to disclosure pursuant to chapter 119, Florida Statutes, the Florida Constitution or other authority, respondent should clearly mark and identify in its response those portions which are confidential, trade secret or otherwise exempt. Respondent should also simultaneously provide the Department with a separate redacted copy of its response. This redacted copy should contain the Department’s solicitation name, number, and the name of the respondent on the cover, and should be clearly titled “Redacted Copy.” The Redacted Copy should be provided to the Department at the same time respondent submits its

BID NO: ITB 2024-49 Classroom Assessment Scoring Assessment (CLASS®) Materials response to the solicitation and must only exclude or obliterate those exact portions which are claimed confidential, proprietary, or trade secret.

Bidder shall be responsible for defending its determination that the redacted portions of its response are confidential, trade secret or otherwise not subject to disclosure. Further, Bidder shall protect, defend, and indemnify the Department for any and all claims arising from or relating to respondents determination that the redacted portions of its response are confidential, proprietary, trade secret or otherwise not subject to disclosure.

If Bidder fails to submit a Redacted Copy with its response, the Department is authorized to produce the entire documents, data or records submitted by respondent in answer to a public records request for these records.

Notwithstanding the foregoing, the Department reserves the right to disclose any materials as public records unless it determines, in its discretion, that an exemption to disclosure applies to the record.

4.9 PREPARATION COST

ITB responses shall contain all information solicited, plus any additional data, prints, or literature that the Bidder deems pertinent to the Department’s understanding and evaluation of their response. This ITB does not commit the Department or any other public agency to pay any costs incurred by the Bidder in the submission of a Bid Response or to make necessary studies or designs for the preparation thereof, nor to procure or contract for any articles or services.

4.10 WITHDRAWAL

Bidders may modify submitted Bid Responses at any time prior to the Bid due date. Requests for modification of a submitted Bid Response should be in writing and should be signed by an authorized representative of the Bidder. Upon receipt and acceptance of such a request, the entire Bid Response will be returned to the Bidder and not considered unless resubmitted by the due date and time. Bidders may also send a change in a sealed envelope to be opened at the same time as the Bid Response. The ITB number, opening date and time should appear on the envelope of the modified Bid Response.

4.11 PUBLIC OPENING OF BID RESPONSES

Each Bid Response should be dated and time-stamped by the Department as received. Any Bid Response received after the specified deadline for Bid acceptance, may be rejected and returned unopened to the Bidder. Bid Responses will be opened at the designated date and time at the Department’s Bureau of Contracts, Grants and Procurement Management Services, 344 Turlington Building, 325 West Gaines Street, Tallahassee, FL.

4.12 CORRECTION OF BID RESPONSE ERRORS

Information that is required to be included in the Bid Response is expected to be present and to be accurate. Corrections of erroneous information or typographical errors may not be permitted after the Department has received the Bid Responses. The Contractor is solely responsible for proofreading their Bid Response and verifying its accuracy.

4.13 VISITOR PASS TO THE TURLINGTON BUILDING

Each visitor to the Turlington Building is required to check in at the security desk in the main lobby. Please allow at least 15 minutes prior to Bid Response due time if hand-delivering your Bid Response to the Bureau of Contracts, Grants and Procurement Management Services.

4.14 ACCESSIBILITY FOR DISABLED PERSONS

Any person requiring a special accommodation because of a disability should call Department’s Bureau of Contracts, Grants and Procurement Management Services at (850) 245-0735 at least five (5) workdays prior to the Bid opening. If you are hearing or speech impaired, please contact the Department by using the Florida Relay Service, which can be reached at 1 (800) 955-8771 (TDD).

BID NO: ITB 2024-49 Classroom Assessment Scoring Assessment (CLASS®) Materials

4.15 RESPONSE DURATION

All submitted responses are binding for 180 days following the response opening date.

4.16 PRICING

All Bid prices to include the furnishing of all parts, labor, transportation and incidental services or materials required.

There shall be no additional costs charged for work performed under this Bid. All Bid prices should be submitted on the forms provided.

4.17 AWARD

As in the best interest of the State the right is reserved to award based on all or none, group of items, item by item or any combination thereof, to a responsive, responsible Bidder. As in the best interest of the State of Florida, the right is reserved to reject any and/or all Bid Responses or to waive any minor irregularity in Bid Responses received.

Conditions which may cause rejection of Bid Response include, without limitation, evidence of collusion among Bidders, obvious lack of experience or expertise to perform the required work, failure to perform, or meet financial obligations on previous contracts.

Bid tabulations will be posted and available for public viewing in the reception room of the Bureau of Contracts, Grants and Procurement Management Services and posted on the VIP. A printed copy of the Bid tabulation will be available upon written request to the Bureau of Contracts, Grants and Procurement Management Services. Telephone requests will not be accepted. Each written request should contain a self-addressed, stamped envelope and reference the Bid title and number. Bid tabulations will be posted and available for public viewing in the reception room of the Bureau of Contracts, Grants and Procurement Management Services.

4.18 AUTHORIZATION TO DO BUSINESS IN THE STATE OF FLORIDA

Foreign corporations and foreign limited partnerships should be authorized to do business in the State of Florida.

Domestic corporations should be active and in good standing in the State of Florida. Such authorization and status should be obtained by the Bid due date and time, but in any case, must be obtained prior to Contract execution. For authorization, contact:

Florida Department of State Tallahassee, Florida 32399

(850) 245-6053

4.19 LICENSED TO CONDUCT SERVICES IN THE STATE OF FLORIDA

If the service(s) being provided requires that individuals be licensed by the Florida Department of Business and Professional Regulation or any other state or federal agency, such licenses should be obtained by the Bid due date and time, but in any case, must be obtained prior to Contract execution. For State licensing, contact:

Florida Department of Business and Professional Regulation Tallahassee, Florida 32399-0797 (850)487-9501

4.20 NOTICE TO CONTRACTOR

The Department shall consider the employment by any Contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization Act. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Contract.

BID NO: ITB 2024-49 Classroom Assessment Scoring Assessment (CLASS®) Materials

4.21 QUALIFICATIONS

The Department will determine whether the Bidder is qualified to perform the services being contracted based upon their Bid Response demonstrating satisfactory experience and capability in the work area. The Bidder should identify necessary experienced personnel and/or facilities to support the activities associated with this Bid.

Those individuals who will be directly involved in the project should have demonstrated experience in the areas delineated in the scope of work. Individuals whose qualifications are presented will be committed to the project for its duration unless otherwise excepted by the Department. In the event it becomes necessary for the Contractor to substitute key personnel, such substitution will take place in consultation with the Department and will be made upon the Department’s prior approval, which will not be unreasonably withheld.

4.22 SUBMISSION OF BID RESPONSES BY SUBSIDIARIES OR AFFILIATES

A Bidder, its subsidiaries, affiliates, or related entities is limited to one Bid Response. Submission of more than one Bid Response per activity by a Bidder may cause the rejection of all bids submitted by the Bidder. In the alternative, the Department may decide in its sole discretion, which bid to evaluate and consider. A subsidiary or affiliate of a prime Bidder may also be included as a subcontractor in another Bidder’s Bid Response.

4.23 IDENTICAL EVALUATION OF BID RESPONSES

Whenever two or more Bid Responses which are equal with respect to price, quality, and service are received, the Department will determine the order of award using the criteria established in 60A-1.011, Florida Administrative Code. The "Drug-Free Workplace Program Certification" can be found as Attachment ‘D’.

4.24 INDEPENDENT PRICE DETERMINATION

A Bidder shall not collude, consult, communicate, or agree with any other Bidder regarding this procurement as to any matter relating to the Bidder’s Response.

4.25 METHOD OF PAYMENT

The Department will pay for these services/products in accordance with the terms and conditions of the purchase order or Contract.

4.26 EXTENSION

In the event that circumstances arise which make performance by the Contractor impracticable or impossible within the time allowed or which prevent a new contract from being executed, the Department, in its discretion, may grant an extension of the Contract. Extension of the Contract resulting from this Bid Response shall be in writing for a period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the Contract; the Department may, in its discretion, grant a proportional increase in the total dollar amount based on the method and rate established in the Contract. There shall be only one extension of the Contract unless the failure to meet the criteria set forth in this ITB or resulting Contract is due to events beyond the control of the Contractor It shall be the responsibility of the Contractor to ensure at all times that sufficient time remains in the Project Schedule within which to complete services on the project. In the event there have been delays which would affect the project completion date, the Contractor shall submit a written request to the Department which identifies the reason(s) for the delay and the amount of time related to each reason. The Department will review the request and make a determination as to granting all or part of the requested extension

4.27 INSPECTION AUDIT AND MAINTENANCE OF REPORTS

Representative of the Department, the Comptroller of the State of Florida, or the Auditor General of the State of Florida, or their duly authorized representatives, shall have access, for purposes of examinations and recovery, to any books, documents, papers, and records of the Contractor as they may relate to this Contract. The Contractor shall maintain books, records and documents in accordance with acceptable accounting principles and practices that sufficiently and properly reflect charges made. The Department may unilaterally cancel any resultant contract for refusal by the Contractor to allow

BID NO: ITB 2024-49 Classroom Assessment Scoring Assessment (CLASS®) Materials public access to all documents, papers, letters, or other material originated or received by the Contractor in conjunction with this Contract subject to the provisions of Florida Statutes, Chapter 119.

4.28 DIVERSITY IN CONTRACTING

The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority-, women-, and service-disabled veteran business enterprises in the economic life of the state.

The State of Florida Mentor Protégé Program connects minority-, women-, and service-disabled veteran business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more information on the Mentor Protégé Program, please contact the Office of Supplier Diversity at (850) 487-0915.

The state is dedicated to fostering the continued development and economic growth of small, minority-, women-, and service-disabled veteran business enterprises. Participation by a diverse group of Vendors doing business with the state is central to this effort. To this end, it is vital that small, minority-, women-, and service-disabled veteran business enterprises participate in the state’s procurement process as both Contractors and sub- contractors in this solicitation.

Small, minority-, women-, and service-disabled veteran business enterprises are strongly encouraged to contribute to this solicitation.

Information on Certified Minority Business Enterprises (CMBE) and Certified Service-Disabled Veteran Business Enterprises (CSDVBE) is available from the Office of Supplier Diversity at:

http://dms.myflorida.com/other_programs/office_of_supplier_diversity_osd/.

4.29 SUB-CONTRACTING

The Contract or any portion thereof shall not be sub-contracted, except as permitted herein, or with the prior written approval of the Department. No sub-contract shall, under any circumstances, relieve the Contractor of its liability and obligation under this Contract; and despite any such sub-contracting, the Department shall deal through the Contractor, which shall retain the legal responsibility for performing the Contractor obligations.

In the event any sub-contractors are approved by the Department, the Contractor should provide a list of subcontractors to the Department’s Contract Manager upon execution of the Contract. The Contractor should report all subcontractors, including, but not limited to, certified minority, women and service-disabled veteran subcontracting activities using the attached Utilization Summary form, attached as Attachment E. The Contractor should provide a list of subcontractors to the Department’s Contract Manager upon execution of the Contract. The Contractor should provide the Utilization Summary form with each invoice submitted for payment, regardless if funds have not been spent with a certified minority, women or service-disabled veteran subcontractor for the period covered by the invoice. Contact the Florida Department of Management Services (DMS), Office of Supplier Diversity, for assistance identifying qualified minority, women, and service-disabled veteran companies. The Office of Supplier Diversity can be reached at (850) 487-0915; the Internet Web address is http://dms.myflorida.com/other_programs/office_of_supplier_diversity_osd/ .

4.30 CONTRACTUAL OBLIGATIONS

The Department’s Contract Standard Terms and Conditions are incorporated in this ITB as Attachment ‘C’ and will govern the relationship between the Contract Vendor and the Department. Bid Response(s) submitted by the successful Bidder(s) shall be incorporated into the final purchase order(s) or Contract(s).

4.31 CONTRACT COMPLETION

The Contractor will be required to ensure that each individual, partnership, firm, corporation or subcontractor that performs on the Contract, is subject to, and comply with, the contractual requirements. When contract negotiations are successfully concluded, a written contract will be prepared which will incorporate the following documents:

http://dms.myflorida.com/other_programs/office_of_supplier_diversity_osd/ http://dms.myflorida.com/other_programs/office_of_supplier_diversity_osd/

BID NO: ITB 2024-49 Classroom Assessment Scoring Assessment (CLASS®) Materials

This ITB Addenda to this ITB And the Bidder’s Response

The Contractor shall begin performing services only upon execution of a valid contract between the parties.

4.32 DISPOSITION OF BID RESPONSES

All Bid Responses become the property of the State of Florida and will be a matter of public record subject to the provisions of Chapter 119, Florida Statues.

4.33 TRANSPORTATION AND DELIVERY

Prices shall include all charges for packing, handling, freight, distribution, and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days (or number of days provided on price sheet) after Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify Customer of any potential delivery delays. Evidence of inability or intentional delays shall be cause for Contract cancellation.

4.34 ALTERNATES

ALTERNATE BRANDS OR PRODUCTS WILL NOT BE CONSIDERED FOR THIS BID RESPONSE. BID AS

SPECIFIED.

4.35 WARRANTY/SUBSTITUTIONS

A warranty is required on all items purchased against defective materials, workmanship, and failure to perform in accordance with required industry performance criteria, for a period of not less than 30 days from the date of acceptance by the purchaser. Any deviation from this criteria must be documented in the Bid Response or the above statement shall prevail. Delivery of substitute commodities requires prior written approval from the ordering location.

4.36 REPLACEMENT/RESTOCKING

Replacement of all materials found defective within the warranty period shall be made without cost to the purchaser, including transportation if applicable. All fees associated with restocking cancelled orders shall be the responsibility of the vendor.

4.37 PRODUCT REQUIREMENTS/SPECIFICATIONS

Any deviation from specifications indicated herein must be clearly pointed out; otherwise, it may be considered that items offered are in strict compliance with these specifications, and successful Bidder will be held responsible therefore.

Deviations must be explained in detail on separate attached sheet(s).

4.38 ACCEPTANCE

All items listed in the specifications, delivered to the Department not meeting specifications or found to be poorly manufactured will not be accepted, but returned to the vendor, at their expense, for replacement. Replacement of all items found defective shall be made without cost to the Department, including transportation, if applicable. As it may be impossible for each facility to inspect all items upon arrival, a reasonable opportunity must be given to these facilities for inspection of the items, and return of those that are defective.

BID NO: ITB 2024-49 Classroom Assessment Scoring Assessment (CLASS®) Materials

SECTION 5– SPECIAL TERMS AND CONDITIONS

5.0 PRE-BID CONFERENCE: A PRE-BID CONFERENCE WILL NOT BE HELD.

5.1 SITE INSPECTION (THS SECTION IS NOT APPLICABLE TO THIS ITB)

5.2 PERFORMANCE BOND

A Performance Bond is not required for this project.

5.3 INSURANCE, WORKERS’ COMPENSATION

During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract, which, as a minimum, shall be: workers' compensation and employer's liability insurance in accordance with Chapter 440 of the Florida Statues, with minimum employers' liability limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policy shall cover all employees engaged in any Contract work.

Employers who have employees who are engaged in work in Florida must use Florida rates, rules, and classifications for those employees. In the construction industry, only corporate officers of a corporation or any group of affiliated corporations may elect to be exempt from workers' compensation coverage requirements. Such exemptions are limited to a maximum of three per corporation and each exemption holder must own at least 10% of the corporation. Independent contractors, sole proprietors and partners in the construction industry cannot elect to be exempt and must maintain workers' compensation insurance.

5.4 INSURANCE, GENERAL LIABILITY

The Contractor shall take out and maintain during the life of this agreement Comprehensive General Liability as shall protect him from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this agreement whether such operations are by himself or by anyone directly or indirectly employed by him, and the amount of such insurance shall be the minimum limit as follows:

Contractor’s Comprehensive General Liability Coverage, Bodily Injury & Property Damage - $100,000.00 Each

Occurrence, Combined Single Limit

The certificate(s) of insurance must comply with the following standards:

No exclusions or restrictions in coverage will be accepted.

The insurance coverage must be with an insurance company with a Best’s rating of “A” or better.

The certificate must include a thirty- (30) day notice of cancellation.

The Department must be listed as an “additional insured” on coverage.

5.5 INDEMNIFICATION

Contractor agrees to indemnify, hold harmless and defend, at is own expense, including reasonable attorney’s fees, the Department and its employees against any all claims or suits for property loss or damage and/or personal injury including death, to any and all person, of whosoever kind and character, whether real or asserted, arising out of and in connection with Contractor’s negligence, intentional acts, or omissions related to its performance under the Contract.

5.6 EMPLOYEE REQUIREMENTS

The Contractor agrees that only authorized employees are allowed on the premises of the Department buildings. Contractor employees are not to be accompanied in their work area by acquaintances; family members, assistants or any person unless said person is an authorized employee of the Contractor. All employees shall wear picture identification badges on clothing bearing the company emblem or name at all times.

BID NO: ITB 2024-49 Classroom Assessment Scoring Assessment (CLASS®) Materials

5.7 PARTICIPATION IN FUTURE STAGES OF THIS PROJECT

As stated in Chapter 287.057 F.S.

(17)(c) A person who receives a contract that has not been procured pursuant to subsections (1) through (3) to perform a feasibility study of the potential implementation of a subsequent contract, who participates in the drafting of a solicitation or who develops a program for future implementation, is not eligible to contract with the agency for any other contracts dealing with that specific subject matter, and any firm in which such person has any interest is not eligible to receive such contract. However, this prohibition does not prevent a vendor who responds to a request for information from being eligible to contract with an agency.

5.8 INFORMATION TECHNOLOGY REQUIREMENTS

Bidders submitting Bids to this solicitation should provide electronic and information technology resources in complete compliance with the accessibility standards required by Section 282.601-282.606, F.S., and Rule 60-8.002, F.A.C. These standards establish a minimum level of accessibility.

Contractors, providers, and partners employed by the Department or acting on behalf of the Department shall comply with Florida Administrative Code (F.A.C.) 74-2.001 – 2.006, and fully comply with all information technology security policies.

Contractors, providers, and partners employed by the Department or acting on behalf of the Department shall also fully comply with 60GG-2 Information Technology Standards.

5.9 SCRUTINIZED COMPANIES LISTS

Section 287.135, Florida Statutes, requires that at the time a company submits a bid or proposal for a contract for goods or services of $1 million or more, the company must certify that the company is not on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Both lists are created pursuant to section 215.473, Florida Statutes.

Bids of $1 million or more should include the attached Scrutinized Companies Lists Form (Attachment ‘F’) to certify the Respondent is not on either of those lists. The Form should be submitted with the Technical Reply.

5.10 SCRUTINIZED COMPANIES – TERMINATION

The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel.

SECTION 6 – SCOPE OF SERVICES

6.0 SCOPE OF SERVICES

The Division of Early Learning is requesting Bids from qualified vendors for CLASS materials. All work shall be performed in accordance with this ITB. Training and support for CLASS assessment are procured under a separate procurement.

Note: This ITB is for CLASS materials published by or under license with Teachstone Training LLC. This is not a procurement for printing materials.

6.01.1. MANNER OF SERVICE PROVISION

The Contractor shall provide CLASS materials listed i n the deliverables table to Customers in based on the following:

BID NO: ITB 2024-49 Classroom Assessment Scoring Assessment (CLASS®) Materials

a. Purchase quantities are neither implied nor guaranteed.

b. Customers may purchase CLASS materials from the Contractor for the term of the resulting Contract at the prices submitted by the Contractor in their ITB Bid sheet.

c. The Contractor shall fulfill all orders placed by Customers.

d. Customers will specify their contact person and the delivery location at the time of placing an order.

e. Unit price for each deliverable shall include shipping and handling.

f. In some cases, CLASS materials may be ordered on a “bill to-ship to” basis, meaning that the billing addresses and shipping addresses will not be the same. In these cases, the Contractor shall deliver the materials ordered to the shipping address provided to the Contractor in the order and bill Customer for the materials.

g. The Contractor shall only ship items ordered by Customers from the list in the deliverables table. No substitutes shall be accepted.

h. All material orders shipped shall be packed to ensure safe delivery to the Customer’s location.

i. Shipping units shall not exceed forty (40) pounds for each case.

j. The Contractor shall provide a packing list with each shipment.

k. The Contractor shall notify Customer of any potential delivery delays within five (5) business days after receiving a Purchase Order. Evidence of repeated inability to deliver within required times or of intentional delays shall be cause for Contract termination and/or Contractor suspension.

l. Products returned to the Contractor due to Contractor error shall be returned at the Contractor’s expense.

m. Regularly stocked products that are returned due to Customer error shall be returned at the Customer’s expense without incurring re-stocking fees if returned in original packaging within twenty (20) business days.

n. The Contractor shall have a single point of contact to serve as Contract Manager as listed on the Vendor Information Form.