ITN 2025-106.pdf

ITN 2025-106 – Statewide, Standardize Assessments in Science and Social Studies Page 1 (Revised 04/10/24)

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 2025-106

Title: STATEWIDE, STANDARDIZED ASSESSMENTS IN SCIENCE AND SOCIAL STUDIES

Date & Time Reply Due: APRIL 8, 2025 @ 2:00 PM 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: Winston McGriff, winston.mcgriff1@fldoe.org, (850) 245-0733.

mailto:winston.mcgriff1@fldoe.org

ITN 2025-106 – Statewide, Standardize Assessments in Science and Social Studies Page 2

State of Florida Department of Education

INVITATION TO NEGOTIATE

STATEWIDE, STANDARDIZED ASSESSMENTS IN SCIENCE &SOCIAL STUDIES

BID NUMBER: ITN 2025-106

DEADLINE FOR TECHNICAL QUESTIONS: MARCH 6, 2025 @ 4:00 PM ET

(There is no deadline for administrative questions)

REPLIES ARE DUE BY: 2:00 PM, ET, ON APRIL 8, 2025

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: Winston McGriff

Phone: (850) 245-0733

ITN 2025-106 – Statewide, Standardize Assessments in Science and Social Studies 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

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

ITN 2025-106 – Statewide, Standardize Assessments in Science and Social Studies Page 4

5.16 SCRUTINIZED COMPANIES LISTS

5.17 SCRUTINIZED COMPANIES – TERMINATION

5.18 FOREIGN COUNTRIES OF CONCERN CONTRACT ATTESTATION FORM

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

VENDOR CERTIFICATIONS

ITN 2025-106 – Statewide, Standardize Assessments in Science and Social Studies Page 5

STATE OF FLORIDA

DEPARTMENT OF EDUCATION

INVITATION TO NEGOTIATE

STATEWIDE, STANDARDIZED ASSESSMENTS IN SCIENCE AND SOCIAL STUDIES

BID NUMBER: ITN 2025-106

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 2025-106 – Statewide, Standardize Assessments in Science and Social Studies 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 sixty (60) 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 five (5) year terms. See Form PUR 1000 for renewal requirements.

3.1 PURPOSE

The purpose of this Invitation to Negotiate (ITN) is to solicit replies for activities related to the continued implementation of summative assessments in grades 5 and 8 Science; end-of-course (EOC) assessments for Civics, Biology 1, and U.S. History; the Florida Civic Literacy Exam (FCLE); and the Florida Advanced Course Test (FACT) Psychology assessment, for administrations beginning in winter 2025 for FCLE and spring 2026 for all other assessments, and continuing through summer 2030 for the base contract. In addition, five one-year optional renewals may be exercised for the administrations in 2030-31, 2031-32, 2032-33,2033-2034 and 2034-2035. The grades 5 and 8 Science assessments and EOC assessments will continue to be administered as computer-adaptive tests (CAT).

The FCLE and FACT assessments will be computer-based but are not currently computer-adaptive. For the purposes of this ITN, the assessments mentioned in this section will be collectively referred to as the statewide, standardized assessments in Science and Social Studies.

3.2 BACKGROUND

The statewide, standardized assessments in Science and Social Studies implement, in part, the requirements of Section 1008.22, Florida Statutes (F.S.), requiring assessments of the academic achievement of Florida’s public-school students. Florida’s statewide, standardized assessment program is composed of state-developed criterion-referenced assessments. The grades 5 and 8 Science assessments were first introduced in spring 2012, and the Science and Social Studies EOC assessments have been phased in beginning in 2011. The FCLE was first administered at the K-12 level in 2022 in accordance with section 1003.4282, F.S. FACT Psychology will be administered for the first time in spring 2025 in accordance with section 1007.27, F.S.

Florida’s State Academic Standards for Science and Social Studies, and their associated course descriptions, are available at https://www.cpalms.org/.

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 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 https://www.cpalms.org/

ITN 2025-106 – Statewide, Standardize Assessments in Science and Social Studies Page 7 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. Additional definitions/terms as follows:

a. Braille – Paper-based accommodation provided for eligible students with disabilities in both a contracted and uncontracted format

b. CAT – Computer-adaptive test; computer-adaptive testing

c. CBT – Computer-based test; computer-based testing

d. DAC – District Assessment Coordinator; primary contact(s) in each school district with whom FDOE communicates regarding the administration of K-12 statewide assessments and who oversees the administration of statewide assessments at all participating schools in that district

e. DAR – District Aggregated Results; files used for reporting purposes

f. DIF – Differential Item Functioning

g. DSR – District Student Results; file used for reporting purposes

h. ESE – Exceptional Student Education

i. EOC – End-of-course; refers to an assessment that is associated with a specific course

j. FACT – Florida Advanced Course Test

k. FCLE – Florida Civic Literacy Exam

l. FLEID – Florida Education Identifier; a code issued by the Department used to uniquely identify a person in

Florida’s education data system.

m. FDOE – Florida Department of Education

n. IEP – Individual Educational Plan for students with disabilities (ESE)

o. IRT – Item Response Theory

p. ISR – Individual Student Report

q. Large Print – Paper-based accommodation provided for eligible students with disabilities; large print refers to at least 18-point font

r. MSID (Master School Identification File) – A file maintained by the Department and available online; used to identify all active schools that will participate in K-12 statewide assessment administrations

s. One-Item-Per-Page – Paper-based accommodation provided for eligible students with disabilities; only one item appears on each printed page; printed in 100% black and white

t. PBT – Paper-based test; paper-based testing

u. PreID (Preidentification) – Process for identifying students prior to an administration to print labels with all of the student’s information (PreID labels) for paper-based accommodations or to create computer-based student records that will be used for testing

v. SAR – State Aggregated Results; files used for reporting purposes

w. School Assessment Coordinator – A designated school-level assessment contact who oversees administration of statewide assessments at that school, training of test administrators and proctors, and preparing and returning test materials

x. Section 504 Plan – Plan detailing accommodations for students with temporary disabilities (may not be ESE)

y. Section 508 Compliant (ADA Compliant) – Section 508 requires that electronic and information technologies which are procured or developed, be maintained by federal agencies and be accessible to people with disabilities, unless it poses an undue burden to do so. Accessibility standards needed to comply with this law were developed by the United States Architectural and Transportation Barriers Compliance Board. Section 508 of the Rehabilitation Act of 1973 is in the federal code of regulations (29 U.S.C. § 794(d). Currently, the Department uses the Web Content Accessibility Guidelines (WCAP) 2.1aa conformance standards; however, if at any time during the life of the contract results from this ITN the Department changes its adopted standards, the Contractor must meet the newly adopted standards.

ITN 2025-106 – Statewide, Standardize Assessments in Science and Social Studies Page 8

z. SFTP – Secure file transfer protocol is a means of transferring secure information between the Department and the Contractor and between other entities described in this ITN

aa. SSR – State Student Results; files used to check data for reporting purposes.

bb. TA (Test Administrator) – An educator who administers statewide assessments to students in a testing room;

responsible for reading administration scripts to students and maintaining a secure testing environment.

cc. TAC (Technical Advisory Committee) – A panel of experts who review and respond to proposed modifications and processes for the assessment program.

dd. TAM – Test administration manual

ee. TC (Technology Coordinator) – A designated coordinator at the school or district level responsible for preparing for computer-based testing and addressing technical issues during testing.

ff. UAT – User Acceptance Testing; online environment for the Department to conduct mock and QC activities.

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 2/21/2025 Deadline for receipt of Technical Questions (E-mailed (preferred) or Fax) By 4:00 PM ET 3/6/2025 Department Response to Technical Questions received by deadline (this date is on or about)

3/20/2025

REPLIES ARE DUE (FAX & E-MAIL NOT ACCEPTABLE) 4/8/2025 @ 2:00 PM 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-

4/8/2025 @ 2:30 PM ET

Evaluation of Technical Replies 4/8/2025-4/15/2025 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) 4/29/2025 The Agency Decision will be posted for 72 hours upon a final decision by the Commissioner of Education.

Anticipated beginning of work 9/1/2025

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 https://vendor.myfloridamarketplace.com/

ITN 2025-106 – Statewide, Standardize Assessments in Science and Social Studies Page 9 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, Winston McGriff, 325 West Gaines Street, 344 Turlington Building, Tallahassee, Florida 32399-0400, E-Mail Address (preferred): winston.mcgriff1@fldoe.org, or Fax Number: (850) 245-0719. See SECTION 3.4 CRITICAL EVENT DATES for question due dates.

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’s 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.

mailto:%20winston.mcgriff1@fldoe.org http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0120/Sec57.HTM

ITN 2025-106 – Statewide, Standardize Assessments in Science and Social Studies Page 10

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 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 of 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 to 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.

ITN 2025-106 – Statewide, Standardize Assessments in Science and Social Studies Page 11

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.

Notwithstanding the foregoing, the Department reserves the right to disclose all material that it determines, in its sole discretion, to be a public record under Florida law.

Public records request should be submitted to: PRR@fldoe.org.

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 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.

mailto:PRR@fldoe.org

ITN 2025-106 – Statewide, Standardize Assessments in Science and Social Studies Page 12

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

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 subcontractors 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/ .

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

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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://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

A Respondent, its subsidiaries, affiliates, or related entities is limited to one (1) Reply. Submission of more than one

(1) Reply per activity by a Respondent may cause the rejection of all Replies submitted by the Respondent. In the alternative, the Department may decide, in its sole discretion, which Reply to evaluate and consider. A subsidiary or affiliate of a prime Respondent may also be included as a subcontractor in another Respondent’s Reply.

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

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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

The Contractor should supply the Department a Performance Bond in the amount of 5% of the amount of the annual award. The surety should be in a form acceptable to the Department, such as a bond, cashier’s check, certified check or money order. A Surety must be authorized to do business in the state of Florida. The Performance Bond should be executed and furnished to the Department within ten (10) calendar days prior to the Contractor beginning work under the contract. The Performance Bond must state that it includes coverage of liquidated damages assessed against the Contractor. A performance bond is not required from Florida state universities.

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 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

ITN 2025-106 – Statewide, Standardize Assessments in Science and Social Studies Page 15 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.

5.18 FOREIGN COUNTRIES OF CONCERN CONTRACT ATTESTATION FORM

In accordance with section 287.138, F.S., beginning on or after the dates provided in section 287.138(4), F.S., a Governmental Entity may not accept a bid, proposal, or reply for a contract which would grant an entity access to an individual’s Personal Identifying Information unless the entity provides the Governmental Entity with an attestation by the entity on Form PUR 1355, “Foreign Country of Concern Attestation Form.” (Attachment I) See also F.A.C. 60A-1.020 Attestation Forms.

SECTION 6 – SCOPE OF SERVICES

6.0 SCOPE OF SERVICES

The scope of services for this ITN is the development and administration of statewide, standardized assessments in Science and Social Studies, which includes the grades 5 and 8 science assessments; EOC assessments in Civics, Biology 1, and U.S. History; FCLE; and FACT Psychology. The grades 5 and 8 Science assessments and EOC assessments will continue to be administered as computer-adaptive tests. The FCLE and FACT assessments will be computer-based but are not currently computer-adaptive. The FCLE will be administered both at the high school and postsecondary levels. Provisions for paper-based and computer-based accommodation for students who require this accommodation must be made available for all assessments.

This ITN will specify a complete package of products and services for the statewide, standardized assessments in Science and Social Studies to be developed, administered, scored, and reported under the contract that will result from this ITN.

The Respondent’s solution should include robust customer service capabilities to fully serve the needs of the program, including but not limited to a fully staffed (U.S.-based) customer service call center, various web-based applications and information available in real time.

6.0.1 Notice to Respondents

1. This ITN provides for the implementation of Florida’s standards-based assessments in Science and Social Studies as well as the FCLE and FACT. Replies will be evaluated on the basis of the Respondent’s qualifications and experience and the technical and cost replies for the tasks described herein for the entire span of the ensuing contract.

2. The ITN and the Contractor’s reply, together with clarifying documents, define the work to be conducted under this contract. If the reply of a Respondent selected as a result of the bidding process is inconsistent with the ITN, the requirements of the ITN will prevail; the Contractor will be expected to perform all ITN requirements without an increase in cost above the proposed cost. Furthermore, by submitting a bid the Respondent is agreeing to be bound by the terms of the ITN notwithstanding any language in the reply to the contrary. Any discrepancies between the terms of the ITN and the reply will be resolved in the negotiation process at the Department’s discretion and when it is in the state’s best interest.

3. The Department reserves the right to substitute or modify tasks on a generally equal basis. Substitutions or modifications will be made prior to the Contractor's beginning significant efforts to complete the task. All design changes, substitutions, or modifications will be given to the Contractor in writing. It is not the intent of this provision to increase the scope of work of the contract but to protect the Department as design changes to improve the assessment become known during the implementation of development and administration

ITN 2025-106 – Statewide, Standardize Assessments in Science and Social Studies Page 16 activities. The Department also reserves the right to amend the contract resulting from this bid competition to add, modify, or delete designated tasks, products, and/or services related to the core activities of this project.

4. 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 prior to delivery to the Department for any purpose (use in sample items, specifications, released tests, operational tests). All materials and products developed under this Contract should be transferred to the Department at the end of the Contract period such that the Department can maintain and sustain the solution beyond the end of the Contract period. The Respondent should state which licenses can be renewed and which are not renewable.

5. The Contractor will work closely with the Department and with groups of Florida educators and subject matter experts to complete all tasks. All procedures, processes, and products used by the Contractor to complete contract work must be approved by the Department. Throughout the contract period, the Contractor will confer with the Department on a continuing and consistent basis and will be involved in frequent meetings with the Department, as necessary.

6. Several reimbursable funding categories identified in Section 6.0.49 are set aside for specific functions during the course of the project. Expenditures in these categories will be reconciled on a quarterly basis.

7. The fundamental purpose of Florida’s statewide, standardized assessment program is to provide accurate information on student achievement. The Contractor will use every means required to ensure that information created by the project is accurate. The Contractor will be responsible for correcting at the Contractor’s expense any errors arising from activities that are the responsibility of the Contractor. This may involve activities such as conducting analyses to identify the cause and extent of errors; reprogramming or reproducing products or other materials; replacing data files; reproducing reports; and shipping replacement products or reports to the Department or districts using expedited shipping services.

8. News releases or public announcements pertaining to this ITN, a contract award resulting from the

ITN, or work completed under a contract will not be made without prior written approval from the Department.

6.0.2 Project Schedule

The deliverables schedule identified in Section 6.1 presents a list of major project activities and the dates for completion where these can be determined. Many of the deliverable dates are contingent upon finalized administration dates and will be determined during the negotiation process.

Respondents should provide a detailed schedule that incorporates the activities included in this ITN for the entire life of the contract. The schedule will indicate essential steps for the completion of project tasks, initiation and completion dates, and task responsibility. Tasks and responsibilities will include an explanation of the work effort required and full-time equivalent staff (FTE) committed to this work. The reply should also provide the total annual FTE and identify individuals and/or staff roles that will work full-time on this project. Respondents should be aware that the schedules for each project year overlap. To accurately estimate the required annual resources, schedules for preceding and succeeding years need to be considered.

Following the contract award, the schedule will be further developed into a working document that will be updated weekly, indicate all task completion dates, and be revised as needed with Department approval. A draft work schedule, based on a sample provided by the Department, will be prepared by the Contractor for submission to the

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Department one week prior to the initial planning meeting, which will be held no later than one month after the execution of a contract for the project. The schedule will be submitted in electronic format using Department-approved spreadsheet software that permits sorting of the file by start or end date and major task and subtask groupings.

6.0.2.1 Option for Revised (TBD) Assessments Program Description

If statewide academic standards in Science or Social Studies undergo significant revision, or are newly adopted, assessments within the scope of this contract would need to be revised or newly adopted,…