ITN 2024-55 GED 11-3-23 final.pdf

ITN 2024-55 – High School Equivalency Assessment Page 1 (Revised 09/1/22)

State of Florida Department of Education

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

Tallahassee, Florida 32399-0400

INVITATION TO NEGOTIATE REGISTRATION

COMPLETE AND RETURN THIS FORM

Reply Number: ITN 2024-55

Title: HIGH SCHOOL EQUIVALENCY ASSESSMENT

Date & Time Reply Due: January 8, 2024 @ 10:00AM EASTERN TIME (ET)

Potential Respondents should notify the Florida Department of Education, Bureau of Contracts, Grants and Procurement Management Services of their intent to respond by returning this Invitation to Negotiate Registration Form as soon as possible after downloading. Complete this form and send this sheet only to the below official contact person’s 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:

Florida Department of Education’s contact person: Tamara Harrington, Tamara.Harrington@fldoe.org, (850) 245-0749.

mailto:Tamara.Harrington@fldoe.org

ITN 2024-55 – High School Equivalency Assessment Page 2

State of Florida Department of Education

INVITATION TO NEGOTIATE

HIGH SCHOOL EQUIVALENCY ASSESSMENT

BID NUMBER: ITN 2024-55

DEADLINE FOR TECHNICAL QUESTIONS: November 9, 2023 @ 3:00pm ET (There is no deadline for administrative questions)

REPLIES ARE DUE BY: 10:00AM, ET January 8, 2024

MAIL OR DELIVER REPLIES TO:

Florida Department of Education Bureau of Contracts, Grants and Procurement Management Services

325 West Gaines Street 344 Turlington Building

Tallahassee, Florida 32399-0400 Attention: Tamara Harrington

Phone: (850) 245-0749

ITN 2024-55 – High School Equivalency Assessment Page 3

Table Of Contents

INVITATION TO NEGOTIATE REGISTRATION

SECTION 1 – INSTRUCTIONS

1.0 GENERAL INSTRUCTIONS TO RESPONDENT

SECTION 2 – CONTRACT CONDITIONS

2.0 GENERAL CONTRACT CONDITIONS

SECTION 3 - INTRODUCTION

3.0 INTENT

3.1 PURPOSE

3.2 BACKGROUND

3.3 DEFINITIONS

3.4 CRITICAL EVENT DATES

SECTION 4 – SPECIAL INSTRUCTIONS

4.0 PRE-SOLICITATION CONFERENCE: A PRE-SOLICITATION CONFERENCE WILL NOT BE HELD

4.1 SITE INSPECTION: A SITE INSPECTION WILL NOT BE HELD

4.2 VISITOR’S PASS TO THE TURLINGTON BUILDING

4.3 REPLY QUESTIONS & ANSWERS

4.4 PROCUREMENT PROTESTS / NOTICE OF RIGHTS

4.5 ORAL INSTRUCTIONS / CHANGES TO THE INVITATION TO NEGOTIATE (ADDENDA)

4.6 MODIFICATIONS, RESUBMITTAL AND WITHDRAWAL

4.7 RESTRICTIONS ON COMMUNICATIONS WITH DEPARTMENT STAFF

4.8 CONFIDENTIAL, PROPRIETARY, OR TRADE SECRET MATERIAL

4.9. POOR PERFORMANCE NOTICE

4.10 WITHDRAWAL OF A REPLY

4.11 CONDITIONS TO THE REPLY

4.12 DISCLOSURE OF REPLY CONTENTS

4.13 AWARD

SECTION 5 – SPECIAL CONDITIONS

5.0 AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA

5.1 LICENSED TO CONDUCT SERVICES IN THE STATE OF FLORIDA

5.2 IDENTICAL EVALUATION OF REPLIES

5.3 DISCLOSURE STATEMENT

5.4 SUB-CONTRACTING

5.5 CONTRACTUAL OBLIGATIONS

5.6 METHOD OF PAYMENT

5.7 CONVICTED VENDOR LIST

5.8 DIVERSITY IN CONTRACTING

5.9 COSTS INCURRED IN RESPONDING

5.10 SUBMISSION OF REPLIES BY SUBSIDIARIES OR AFFILIATES (NOT APPLICABLE)

5.11 PROHIBITION OF GRATUITIES

5.12 INDEPENDENT PRICE DETERMINATION

5.13 PERFORMANCE BOND

5.14 PARTICIPATION IN FUTURE STAGES OF THIS PROJECT

5.15 INFORMATION TECHNOLOGY REQUIREMENTS

5.16 SCRUTINIZED COMPANIES LISTS

5.17 SCRUTINIZED COMPANIES – TERMINATION

ITN 2024-55 – High School Equivalency Assessment Page 4

SECTION 6 – SCOPE OF SERVICES

6.0 SCOPE OF SERVICES

6.1 DELIVERABLES

6.2 FINANCIAL CONSEQUENCES

SECTION 7 – SPECIAL INSTRUCTIONS – REPLY FORMAT & CONTENT

7.0 REPLY SUBMISSION

7.1 MAIL OR DELIVER REPLIES TO: (Do Not Fax or E-Mail)

7.2 REPLY FORMAT INSTRUCTIONS

SECTION 8 – OPENING, EVALUATION AND AWARD

8.0 REPLY OPENING

8.1 REPLY EVALUATION AND NEGOTIATION PROCESS

8.2 POSTING OF AGENCY DECISION

8.3 AWARD OF THE CONTRACT

ATTACHMENT A

DELIVERABLE DUE DATE FORM

ATTACHMENT B

RESPONDENT’S PRICE REPLY

ATTACHMENT C

STANDARD TERMS AND CONDITIONS

ATTACHMENT D

REFERENCES

ATTACHMENT E

MINORITY SUB CONTRACTORS UTILIZATION SUMMARY

ATTACHMENT F

DRUG-FREE WORKPLACE

ATTACHMENT G

DISCLOSURE STATEMENT

ATTACHMENT H

SCRUTINIZED COMPANIES LISTS

ITN 2024-55 – High School Equivalency Assessment Page 5

STATE OF FLORIDA

DEPARTMENT OF EDUCATION

INVITATION TO NEGOTIATE

HIGH SCHOOL EQUIVALENCY ASSESSMENT

BID NUMBER: ITN 2024-55

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 Reply. Form PUR 1001 may be accessed at https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_ pur_forms.

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 (F.S.), in which case the statutory requirements shall take precedence.

THE DEPARTMENT HAS CHOSEN TO USE THE ITN FORMAT FOR THIS PROCUREMENT BECAUSE IT

WANTS VENDORS TO PROPOSE THE BEST METHOD FOR ACHIEVING THE GOAL OF THIS ITN AND

SOLVING THE PROBLEM STATED HEREIN. THEREFORE, ALTHOUGH THE ITN MAY USE MANDATORY

WORDS LIKE “SHALL,” “WILL,” OR “MUST,” AND MAY DEFINE CERTAIN ITEMS AS REQUIREMENTS, THE DEPARTMENT RESERVES THE RIGHT, IN ITS DISCRETION, TO WAIVE ANY DEVIATIONS FROM THESE PROVISIONS AND RESOLVE ANY ISSUES IN THE NEGOTIATION PHASE. THEREFORE, THE DEPARTMENT RESERVES THE RIGHT TO REVIEW THE ENTIRE REPLY TO DETERMINE IF IT ACHIEVES A LEVEL OF

COMPETENCY WORTHY OF FURTHER NEGOTIATIONS; REGARDLESS OF WHETHER INDIVIDUAL

REQUIREMENTS HAVE BEEN ADDRESSED OR NOT. HOWEVER, VENDORS THAT FAIL TO PROVIDE

SIGNIFICANT PORTIONS OF THE SOLUTION OR ADDRESS SIGNIFICANT PORTIONS OF THE

PROCUREMENT MAY STILL BE DEEMED NONRESPONSIVE. IN ADDITION, THERE IS NO GUARANTEE THAT SUCH DEVIATIONS WILL BE DEEMED IN THE STATE’S BEST INTEREST OR ANY REPLY CONTAINING THOSE DEVIATIONS PARTICIPATE IN THE NEGOTIATIONS. USE OF THE TERMS “SHALL,” “WILL,” AND “MUST” INDICATE THE DEPARTMENT’S INITIAL VIEW OF THE VALUE OF SUCH ITEMS. VENDORS HAVE THE OPPORTUNITY TO SUGGEST ALTERNATIVES IN THE ITN PROCESS, BUT THERE IS NO GUARANTEE THAT THE DEPARTMENT WILL AGREE THE DEVIATIONS ARE IN ITS BEST INTEREST OR CREATE THE

BEST VALUE FOR THE STATE.

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 Reply.

Form PUR 1000 may be accessed at https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms

ITN 2024-55 – High School Equivalency Assessment Page 6 https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_ pur_forms”.

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 F.S., in which case the statutory requirements shall take precedence.

SECTION 3 - INTRODUCTION

3.0 INTENT

The State of Florida Department of Education (hereinafter referred to as the "Department") is soliciting written replies from qualified vendors to establish a term contract of which the term is anticipated to begin upon execution of the contract and be effective for thirty-six (36) months thereafter. Award may be made to the responsible and responsive vendor that the Commissioner of Education determines will provide the best value to the state.

The resulting contract may be renewed for up to three (3) one year terms. See Form PUR 1000 for renewal requirements.

3.1 PURPOSE

The purpose of this Invitation to Negotiate (ITN) is to procure an existing computer-based single multi-examination assessment for high school equivalency standards based on core content areas of reading/language arts, mathematics, science, and social studies. The assessment must align with the Florida Benchmarks for Excellent Student Thinking (B.E.S.T.) Standards. Test must include accommodations for individuals with disabilities.

3.2 BACKGROUND

Section 1003.435, Florida Statutes, provides for a high school equivalency diploma program to be administered by the State Board of Education. The Florida Department of Education issues a high school equivalency diploma, known as the State of Florida High School Diploma, to candidates who have successfully passed approved subject area for English Language Arts including Writing, Mathematics, Science, and Social Studies.

3.3 DEFINITIONS

After the award, said Respondent will be referred to as the "Contractor". For the purpose of this document, the term "Respondent" means a potential Contractor acting on its own behalf and on behalf of those individuals, partnerships, firms, or corporations comprising the Respondent’s team. The term "Reply" means the complete response of the Respondent to the ITN, including properly completed forms and supporting documentation. The term “contract” refers to the agreement between the Department and the Contractor resulting from this ITN. “Best value” means the highest overall value to the state based on factors that include, but are not limited to, price, quality, design, and workmanship.

A “responsive bid” is a Reply submitted by a responsive and responsible vendor which conforms in all material respects to the solicitation. However, for purposes of determining what is material, refer to SECTION 1 – INSTRUCTIONS of this ITN. Use of the terms “shall,” “will,” and “must,” or the designation of items as “requirements,” does not mandate that such items are material. The Department reserves the right to waive deviations, in its discretion, and resolve any issues in the negotiation phase. “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.

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms

ITN 2024-55 – High School Equivalency Assessment Page 7

3.4 CRITICAL EVENT DATES

These are tentative dates for critical events. (ALL DATES IN ITN SUBJECT TO CHANGE), EVENT DATE

Invitation To Negotiate (ITN) Released 11/3/23 Deadline for receipt of Technical Questions (E-mailed (preferred) or Fax) 11/9/23 @ 3:00pm ET Department Response to Technical Questions received by deadline (this date is on or about)

11/17/23

REPLIES ARE DUE (FAX & E-MAIL NOT ACCEPTABLE) 1/8/24 @ 10:00am ET Technical Replies will be opened in Room 344 Turlington Building OPENINGS WILL BE CONDUCTED VIA CONFERENCE CALL. TOLL-FREE: 888-585-9008; PIN: 818-095-

1/8/24 @ 10:30am ET

Evaluation of Technical Replies (time and place) 1/11/24 Price Replies will be evaluated by the Bureau of Contracts, Grants and Procurement Management Services staff during the evaluation stage.

The Negotiation Committee will start negotiations (this date is on or about) 2/5/24 The Agency Decision will be posted for 72 hours upon a final decision by the Commissioner of Education.

Anticipated beginning of work July 1, 2024

SECTION 4 – SPECIAL INSTRUCTIONS

4.0 PRE-SOLICITATION CONFERENCE: A PRE-SOLICITATION CONFERENCE WILL NOT BE HELD.

4.1 SITE INSPECTION: A SITE INSPECTION WILL NOT BE HELD.

4.2 VISITOR’S PASS TO THE TURLINGTON BUILDING

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

4.3 REPLY QUESTIONS & ANSWERS

Any technical questions arising from this ITN should be sent, in writing, to the purchasing agent identified below. The Department's written response to written inquiries submitted timely by Respondents will be posted on the Florida Vendor Information Portal (VIP) 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 Reply number to review posted documents. It is the responsibility of all potential Respondents to monitor this site for any changing information prior to submitting a Response.

Only timely received written inquiries will be “officially” addressed by the Department.

WRITTEN QUESTIONS should be submitted to:

Bureau of Contracts, Grants and Procurement Management Services, Tamara Harringtion, 325 West Gaines Street, 344 Turlington Building, Tallahassee, Florida 32399-0400, E-Mail Address (preferred):

Tamara.Harrington@fldoe.org, or Fax Number: (850) 245-0719. See SECTION 3.4 CRITICAL EVENT DATES for question due dates.

https://vendor.myfloridamarketplace.com/

ITN 2024-55 – High School Equivalency Assessment Page 8

4.4 PROCUREMENT PROTESTS / NOTICE OF RIGHTS

Pursuant to F.S., 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), F.S. 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, F.S.

Florida Administrative Code (F.A.C.) 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 bids.

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. F.S., Section 287.042(2) (c) and F.A.C. 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 filed with the issuing office as defined in SECTION 4.3 REPLY QUESTIONS & ANSWERS above.

4.5 ORAL INSTRUCTIONS / CHANGES TO THE INVITATION TO NEGOTIATE (ADDENDA)

No negotiations, decisions, or actions will be initiated or executed by a Respondent as a result of any oral discussions with a state employee. Only those communications which 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 until negotiation is awarded.

Notices of changes (addenda) will be posted on the VIP, under this Reply number. It is the responsibility of all potential Respondents to monitor this site for any changing information prior to submitting a Response. All addenda should be acknowledged by the Respondent’s signature and subsequent submission of addenda with Reply when so stated in the addenda.

4.6 MODIFICATIONS, RESUBMITTAL AND WITHDRAWAL

Respondents may modify submitted replies at any time prior to the Reply due date. Requests for modification of a submitted Reply should be in writing and should be signed by an authorized representative of the Respondent. Upon receipt and acceptance of such a request, the entire Reply will be returned to the Respondent and not considered unless resubmitted by the due date and time. Respondents may also send a change in a sealed envelope to be http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0120/Sec57.HTM

ITN 2024-55 – High School Equivalency Assessment Page 9 opened at the same time as the Reply. The ITN number, opening date and time should appear on the envelope of the modified Reply.

Unless specifically requested by the Department, any amendments, revisions, or alterations to Replies will not be accepted after the closing for the receipt of Replies.

4.7 RESTRICTIONS ON COMMUNICATIONS WITH DEPARTMENT STAFF

Respondents should not communicate with any Department staff concerning this ITN except for the Department contact person identified in SECTION 4.3 REPLY QUESTIONS & ANSWERS of this ITN. 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 Respondent’s Reply.

Respondents 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 Reply.

4.8 CONFIDENTIAL, PROPRIETARY, OR TRADE SECRET MATERIAL

The Department takes its public records responsibilities as provided under Chapter 119, F.S., 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, F.S., the Florida Constitution or other authority, Respondent should clearly mark and identify in its Reply those portions which are confidential, trade secret or otherwise exempt. Respondent should also simultaneously provide the Department with a separate redacted copy of its Reply. 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 Reply to the solicitation and should only exclude or obliterate those exact portions which are claimed confidential, proprietary, or trade secret. The Respondent should also provide two (2) electronic copies (compact disc (CD), flash drive, etc.) of their Redacted Copy.

Respondent shall be responsible for defending its determination that the redacted portions of its Reply are confidential, trade secret or otherwise not subject to disclosure. Further, Respondent 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 Reply are confidential, proprietary, trade secret or otherwise not subject to disclosure.

If Respondent fails to submit a Redacted Copy with its Reply, 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. POOR PERFORMANCE NOTICE

The Respondent should provide for both the Respondent and its 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 Respondent’s performance, including the concerns of the project owner, and any major adverse findings. In addition, provide the

ITN 2024-55 – High School Equivalency Assessment Page 10 contract or job number, the name of the owner, the term of the contract, 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 Respondent or to make inquiries with the project owner. The information obtained from this review may be reflected in the Respondent’s score or used to declare the Respondent not a responsible vendor.

4.10 WITHDRAWAL OF A REPLY

A Respondent may withdraw a Reply by written notice to the Department on or before the deadline specified for the receipt of Replies in SECTION 3.4 CRITICAL EVENT DATES of this ITN. Such written notice is to be submitted to the Issuing Office at the address specified in SECTION 4.3 REPLY QUESTIONS AND ANSWERS of this ITN.

4.11 CONDITIONS TO THE REPLY

No conditions may be applied to any aspect of the ITN by the prospective Respondent. Any conditions placed on any aspect of the Reply documents by the prospective Respondent may result in the Reply being rejected as a conditional Reply. DO NOT WRITE IN CHANGES ON ANY ITN SHEET. The only recognized changes to the ITN prior to Reply opening will be a written addenda issued by the Department. The Respondent recognizes the Department’s right to ignore the condition and treat the Reply as if no condition exists.

4.12 DISCLOSURE OF REPLY CONTENTS

All documentation produced as part of this solicitation shall become the exclusive property of the state and may not be removed by the Respondent or its agents. All Replies shall become the property of the state and shall not be returned to Respondent. The Department shall have the right to use any or all ideas or adaptations of the ideas presented in any Reply. Selection or rejection of a Reply shall not affect this right.

4.13 AWARD

As in the best interest of the state, the right is reserved to award based on all or none, groups of services, or any combination thereof, to a responsive, responsible Respondent. As in the best interest of the state, the right is reserved to reject any and/or all Replies or to waive any minor irregularity in replies received. In addition, the Department reserves the right, in its discretion, to correct deviations during the negotiation phase. Conditions which may cause rejection of Replies include, without limitation, evidence of collusion among Respondents, obvious lack of experience or expertise to perform the required work, failure to perform, or meet financial obligations on previous contracts.

SECTION 5 – SPECIAL CONDITIONS

5.0 AUTHORIZED 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 Reply 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

ITN 2024-55 – High School Equivalency Assessment Page 11

5.1 LICENSED TO CONDUCT SERVICES IN THE STATE OF FLORIDA

If the services being provided require 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 Reply 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) 487-1395

5.2 IDENTICAL EVALUATION OF REPLIES

Whenever two (2) or more replies 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, F.A.C. The "Drug-Free Workplace Program Certification" can be found as Attachment F.

5.3 DISCLOSURE STATEMENT

The Disclosure Statement Form (Attachment G) should be signed and submitted with the Reply.

5.4 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/ .

5.5 CONTRACTUAL OBLIGATIONS

The Department’s Contract Standard Terms and Conditions are incorporated in this ITN as Attachment C and will govern the relationship between the Department and the Contractor. A Reply submitted by the successful Respondent(s) shall be incorporated into the final contract(s). The terms and conditions of this ITN shall control notwithstanding any statement to the contrary by the Respondent, unless such terms and conditions are modified by the Department during the negotiation phase.

5.6 METHOD OF PAYMENT

Compensation and payment will be made in accordance with the terms and conditions of the contract.

5.7 CONVICTED VENDOR LIST

A company placed on the Convicted Vendor List may not submit a Reply or be awarded a contract to provide any goods or services pursuant to Rule 60A-1.006 F.A.C. The “Convicted Vendor List” is published at http://dms.myflorida.com/other_programs/office_of_supplier_diversity_osd/

ITN 2024-55 – High School Equivalency Assessment Page 12 http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_di scriminatory_complaints_vendor_lists/convicted_vendor_list.

5.8 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 Office of Supplier Diversity (OSD) / Agency Administration / Florida Department of Management Services - DMS (myflorida.com).

5.9 COSTS INCURRED IN RESPONDING

This ITN does not commit the Department or any other public agency to pay any costs incurred by the Respondent in the submission of a Reply or to make necessary studies or designs for the preparation thereof, nor to procure or contract for any articles or services.

5.10 SUBMISSION OF REPLIES BY SUBSIDIARIES OR AFFILIATES (NOT APPLICABLE)

5.11 PROHIBITION OF GRATUITIES

By submission of a Reply, the Respondent certifies that no elected or appointed official or employee of the state of Florida has or will benefit financially or materially from this procurement. Any contract arising from this procurement may be terminated by the Department if it is determined that gratuities of any kind were either offered to or received by any of the aforementioned officials or employees from the Respondent or its agents or employees.

5.12 INDEPENDENT PRICE DETERMINATION

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

5.13 PERFORMANCE BOND

A Performance Bond is not required for this project.

5.14 PARTICIPATION IN FUTURE STAGES OF THIS PROJECT

As stated in Chapter 287.057(17)(c) F.S.

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 http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd

ITN 2024-55 – High School Equivalency Assessment Page 13 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.

5.15 INFORMATION TECHNOLOGY REQUIREMENTS

Respondents submitting Replies 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 also fully comply with 60GG-2 Information Technology Standards.

5.16 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.

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

5.17 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 Department is seeking a computer-based assessment for high school equivalency based on the content areas of reading/language arts, mathematics, science, and social studies. The primary purpose of the assessment is to award a high school equivalency diploma (the State of Florida High School Diploma) to those who pass the assessment. The high school equivalency diploma program is authorized by section 1003.435, Florida Statutes. Since January 1, 2014, the Florida Department of Education has issued the State of Florida High School Diploma to candidates who have successfully passed the assessment authorized in Rule 6A-6.0201, F.A.C. School districts using the Performance-based Exit Option model are authorized to issue the State of Florida Performance-Based Diploma pursuant to Rule 6A-6.0212, F.AC.

The Contractor shall provide the Department with a single, existing, computer-based, multi-subject assessment for high school equivalency standards based on the core content areas of reading/language arts, mathematics, science and social studies. The assessment must align with the Florida Benchmarks for Excellent Student Thinking (B.E.S.T.)

Standards. Test must include accommodations for individuals with disabilities. Selected assessment must include a comprehensive program delivery platform and system to include the following services and commodities:

• test registration and scheduling;

• scoring of all assessments delivered;

• test validity and reliability processes to ensure test integrity;

• diploma and transcript production (initial & duplicates), including historical records;

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• candidate accommodations for individuals covered by the Americans with Disabilities Act as amended (from application to delivery);

• test center management;

• platform to provide statewide test statistics organized by testing center and county that also includes robust filtering options;

• secure test candidate management system for use by the Department, correctional facility staff, and staff at adult education centers;

• training for testers, test administrators, adult educators, and state office staff;

• electronic transmission of testing and diploma records to the Department in a format mutually agreed upon;

The high school equivalency diploma program is supported by fees incurred by test takers for the assessment. This testing fee must include all costs associated with the delivery of the high school equivalency assessment and the initial credentials. The duplicate credentialing and verification fulfillment is supported by fees assessed to the requestor. The fee is currently set by the Department at $15 per document. The Department is seeking to assess an additional $5 per document for Department administrators.

Respondents may propose an assessment be owned by the Department, or a solution comprised of pre-existing, proprietary materials or products that are the intellectual property of the Respondent or third parties, or a combination thereof. A Respondent may propose all intellectual property developed be owned solely by the Department, owned jointly by the Department and the Respondent, or, at a minimum, that the Department be granted a perpetual and non-exclusive license for the use, reproduction and modification of the solution for use in Florida. The Department reserves the right to request alternative intellectual property arrangements or combinations of such arrangements during negotiations with Respondents, to obtain a reply that provides the best value to the state. All permissions or licenses required for the use of materials or products that are the intellectual property of a third party must be obtained by the Respondent.

Any proposed assessment must be currently in use by a State Department of Education or local education agency within the United States, however, the length of time that the tool has been in use, need not be considered. In addition, the proposed assessment must be aligned to the Florida Benchmarks for Excellent Student Thinking (B.E.S.T.)

ROLE OF THE CONTRACTOR AND CRITERIA FOR FINAL COMPLETION OF PROJECT:

6.0.1 Test Availability

The table below provides information regarding the number of test takers and modules delivered for the current high school equivalency exam for the previous five calendar years to illustrate the high volume of testing needed:

TABLE 1-Testing Volume

Calendar Year

Number of Unique Test Takers

Reading Language Arts Sub-Tests Delivered

Mathematics Sub-Tests Delivered

Science Sub-Tests Delivered

Social Studies Sub-Tests Delivered

Total Sub-Tests Delivered

2022 25,386 20,624 24,448 18,089 20,670 83,831 2021 24,923 20,604 23,004 17,427 20,087 81,122 2020 18,563 13,389 15,099 11,936 13,775 54,199 2019 28,731 23,999 25,472 20,127 23,531 93,129 2018 32,365 27,170 29,153 23,544 25,584 105,451

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The Contractor is responsible for delivery of the assessment to meet the testing volume requirements. Testing volume can vary depending on demand.

6.02 Test Content and Alignment with College and Career Readiness Standards The Contractor is responsible for the test design and delivery of a high school equivalency assessment. The Contractor is responsible for providing a computer-based assessment with multiple test modules that assess college and career readiness standards in the following areas:

• English Language Arts (ELA);

• Mathematics;

• Science; and

• Social Studies.

The Contractor must provide a valid and reliable assessment for all content areas.

The Department is interested in leveraging empirically-validated item formats which take advantage of the capabilities of computer technology. Examples of these item types may include:

• Drag-and-Drop – in which test takers select from multiple possible responses to select one, via mouse-click or key-stroke combination, and then “drag” it to insert (drop) it in an indicated blank to correctly complete a mathematics formula, text-editing task, etc. This process may be repeated for the same test item so that multiple answers are placed into multiple blanks.

• Hot spot – in which test takers indicate the answer by clicking a specific area of an image

• Short answer – in which test takers provide a short narrative answer in response to a question or prompt

6.0.3 Alignment with Florida’s B.E.S.T. Standards and Science and Social Studies content

6.0.3.1 ELA (Reading, Writing and Language) Alignment with Florida’s B.E.S.T. Standards The test modules which assess English Language Arts competency must include task items that align with Florida’s B.E.S.T. Standards at the high school level for the purpose of determining college and career readiness in reading, writing, and language skills. The K-12 standards for Florida are available here:

https://www.fldoe.org/standardsreview/.

The assessment must include at least one extended writing response which assesses content for college and career readiness and is aligned with Florida’s B.E.S.T Standards for writing.

The Department is interested in test questions that assess writing skills in which in the candidate must:

• Develop an extended response citing evidence from passages;

• Document the ability to edit passages

6.0.3.2 Mathematics Alignment with Florida’s B.E.S.T. Standards The test modules which assess Mathematics competency must align with the Florida B.E.S.T Standards. The K-12 standards for Florida are available here: https://www.fldoe.org/standardsreview/.

6.0.3.3 Science Content

The test modules that assess Science competency must be aligned with recognized Science Next Generation Sunshine State Standards https://www.fldoe.org/standardsreview/

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6.0.3.4 Social Studies Content

The test modules that assess Social Studies competency must be aligned with the State of Florida Department of Education recognized Social Studies Next Generation Sunshine State Standards.

6.0.4 Test Development

6.0.4.1 Test Development Content Experts

The Contractor should have developed the assessment product with appropriate content experts and psychometricians.

6.0.4.2 Test Item Development and Establishment of Cut Scores for High School Equivalency and College and Career Readiness The Contractor must have conducted field testing and piloted the test questions for the assessment. The Contractor must provide recommended cut scores for high school equivalency based on norm-referencing of a population of recent high school graduates.

The Department is interested in the establishment of cut scores for college and career readiness. This score should reflect that the test taker achieved a score which demonstrates readiness for college without the need for remediation.

Additionally, the Department is interested in any research and/or concordance studies of college and career readiness assessments, e.g. American College Testing (ACT) or SAT, or college and career success. If available, information about the methodology for the concordance and research studies should be provided.

The Contractor shall provide a professional annual Administration and Technical Report to the Department which shall include all applicable psychometric descriptions and annual outcomes.

6.0.4.3 Continuity of the Assessment

The Contractor is responsible for providing continuity of the assessment for the duration of the Contract. The Contractor shall provide specifics on changes, percentage changing, and effect on reliability and validity.

6.0.4.4 Acceptance of the High School Equivalency Assessment by Postsecondary Institutions and Employers, including the military The Department is interested in a high school equivalency assessment which has general acceptance by the following:

• Public and private universities and colleges, including highly selective institutions

• Employers

• United States Military

• Any other constituent groups

The Department is also interested in a list of states that currently use the assessment for high school equivalency.

6.0.5 Computer Based Delivery System for the Assessment

6.0.5.1 Computer-Delivery of the Assessment

The Contractor is responsible for producing all versions of computer-delivered products developed for this project, including test forms. These products include all information, text, and graphics that will be presented to computer-based test users.

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The functionality of computer-based testing (CBT) forms (e.g., tools, reference sheets, navigation) must be checked carefully to ensure that there are no errors, and that the functionality remains consistent across forms and administrations.

The Contractor will be responsible for all aspects of production for the CBT system, including a secure web-based reporting site for scores.

The Contractor must submit documentation that identifies screen layouts and navigation elements, font style and size requirements, background and foreground color palettes, and requirements for graphics.

The Department requires the delivery of a computer-based test to all eligible testing centers per Rule 6A-6.0201(4), Florida Administrative Code (F.A.C.). For test administrations in secure correctional facilities, the delivery platform must meet the requirement of the Florida Department of Corrections that no inmate or other offender under the supervision of the Department will access (or gain access to) the Department’s internet services or computer networks.

The Department is interested in both computer lab and mobile testing environments. The Department is interested in an online-proctored option, but only in addition to physical testing centers.

6.0.5.2 Usability Analysis of the Computer-based Assessment

The Department is interested in a computer-based product that has been tested on an adult population to ensure the ease of use of the product for the adult test taker.

6.0.5.3 Accommodations Review, Approval, and Delivery

The Contractor is responsible for the review and approval of accommodations for students with documented disabilities under the Americans with Disabilities Act as Amended. However, the Contractor must provide all necessary accommodations to comply with state and federal laws. Accommodations include, but are not limited to, extra time, extra breaks, private rooms, scribes, information written in braille, screen readers, readers, and paper-based tests.

The Contractor must provide a choice of online and fax accommodations request processes for individuals with disabilities along with a means for contacting Contractor’s accommodations staff for customer and technical assistance. The process for requesting accommodations must include clear requirements and documentation requirements and include an appeals process.

The Contractor must provide staff to coordinate all aspects of the accommodated testing including but not limited to scheduling, materials and equipment, and staff needed to deliver the accommodated test, for example readers and scribes.

6.0.5.4 Test Administration

The Contractor will be responsible for ensuring the secure delivery of a computer-based exam to approved testing centers, per Rule 6A-6.0201(4) (F.A.C), in Florida. Security of tests and individual test results must be maintained.

Access to student test results must be restricted to authorized Department staff and testing center staff based on a secure, encrypted, password protected system.

6.0.5.5 Verification of Test Taker Identity

The Contractor is responsible for the development of procedures for the verification of candidate identity. The Department is interested in any biometric verification of identity that will be used to prevent fraudulent activity.

6.0.5.6 Test Session Requirements

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The system must be available during all steps in initiating and delivering tests, including:

• a searchable, sortable student look-up sub-system;

• rosters of students in each test session;

• the ability to generate an unofficial score report (if immediate scoring of test module is part of the assessment product).

During the test session, automated backup, recovery, and restart procedures for the system must be in place. The system must recover data from an unforeseen test interruption and return the test-taker to the point of interruption.

The system must also show student status and progress through the items in the test.

The system must assure proper identification of each student and the accurate matching of the student to his/her test results.

The ability to make changes to data or processes in any part of the system must be based on a password- protected, hierarchical permissions structure.

The Contractor shall have written protocol to protect the security of the test and the test environment to ensure the integrity of the test and credential. The Department is interested in the use of psychometricians to randomly evaluate testing data to discover any testing irregularities.

6.0.5.7 Test Site Set-Up/Certification Requirements

The Contractor will develop specifications for and deliver a system that provides access to computer-based tests at testing sites approved by the Department. The entities eligible to deliver the high school equivalency assessment are:

• Public schools or other appropriate facilities of a Local Education Agency (LEA);

• Public postsecondary educational institutions;

• Correctional facilities for state and/or local inmates;

• Correctional…