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SOLICITATION ADDENDUM 2
QUESTIONS AND ANSWERS
SOLICITATION NUMBER: NDERFP260101
English Language Proficiency Assessment Opening Date: 7/17/26 2:30 pm Local Time Addendum Effective Date: 7/10/26
Questions and Answers
Following are the questions submitted and answers provided for the above-mentioned solicitation. The questions and answers are to be considered as part of the solicitation. It is the responsibility of bidders to check the State Purchasing Bureau website for all addenda or amendments.
| Solicitation Section Reference |
| Solicitation Page Number |
| Questions |
| Answer |
| C. Schedule of Events |
| 1; 11 |
| Please clarify the submission deadline for proposals. The Schedule of Events says 7/15, but page 1 of the RFP and the bid opportunities page say 7/17. |
| The correct submission deadline is July 17, 2026, at 2:30 PM Local time. An addendum will be issued to correct this discrepancy in the Schedule of Events. |
| H. Submission of Solicitation Responses |
| 13 |
| Is there a file size limit for email submissions? If needed, may we submit files in multiple emails? |
| The RFP does not specify a file size limit for email submissions. Per Section I.H (Submission of Solicitation Responses), multiple files may be submitted using the naming convention: 'NDERFP260101 - Company Name File 1 of 2' and 'NDERFP260101 - Company Name File 2 of 2' (see Page 13). Ensure all files are submitted in PDF format by the deadline. It is the bidder's responsibility to allow time for electronic uploading. |
| i. Summary of Bidder’s Proposed Personnel |
| 39 |
| The RFP states at least three (3) references must be provided for proposed personnel. Please confirm whether we’re required to provide external client references, or if we can use internal company references. |
| Per Section VI.A.1.i (Summary of Bidder's Proposed Personnel, Page 39), resumes should include 'at least three (3) references (name, address, and telephone number) who can attest to the competence and skill level of the individual.' The RFP does not distinguish between internal and external references. References should be persons who can credibly attest to the individual's competence and skills. Professional references from supervisors or colleagues (internal or external) are acceptable. |
| VI. Solicitation Response Instructions; 2. Technical Response |
| 37; 39 |
| The RFP states the technical response should consist of the subsections listed on page 39 of the RFP. However; page 37 says the bidder should identify the subdivisions of “Project Description and Scope of Work” clearly in their solicitation response. Does the State have a preference of how the subsections on page 39 should be mapped |
| Per Section VI (Solicitation Response Instructions, Page 37), bidders should 'identify the subdivisions of Project Description and Scope of Work clearly in their solicitation response.' The subsections on Page 39 (Technical Response subdivisions) should be used as the organizing framework. There is no prescribed mapping format. NDE recommends organizing the Technical Response using the subsection headings from Page 39 and clearly cross-referencing how each addresses the Scope of Work requirements in Section V. |
| Intro, Paragraph 7 |
| 1 |
| RFP Scope of Service Section Solicitation and Response Contents Section. Please clarify if, "The contents of this solicitation, and all responses, and all documentation provided therein, shall be the property of NDE and the data becomes public information" is intended to grant NDE ownership of any underlying background intellectual property (e.g., pre-existing proprietary methodologies, software, patents, trademarks, etc.) that may be referenced or described within the response, or if this is limited to NDE's right to publish the text of the response? |
| The copyright waiver in the RFP applies to NDE's right to copy, reproduce, publish, and post the solicitation response document itself. Per Section III.I (Ownership of Information and Data/Deliverables), NDE owns deliverables developed as a result of this contract. However, per Section III.E and the Contract Closeout provision (Section II.P), nothing requires the Vendor to surrender intellectual property owned by the Vendor for which NDE has no legal claim. Background IP referenced or described in the response remains the Vendor's property; only the response document text is subject to the waiver. |
| Intro, Paragraph 8 |
| 1 |
| RFP Scope of Service Section Proprietary Information (Neb. Rev. Stat. §84-712.05(3)). Please clarify whether personal information contained in employee resumes, such as home addresses, personal phone numbers, personal email addresses, and other personally identifiable information (PII) may be marked and withheld as proprietary/confidential information under this provision, or whether resumes submitted as part of a proposal are considered fully subject to public disclosure in their entirety. If such PII may not be withheld under the proprietary information definition, please advise whether there is an alternative mechanism (e.g., redaction, a separate confidential attachment, or another State process) by which contractors may protect the personal information of employees prior to public posting of the proposal. |
| Per Neb. Rev. Stat. §84-712.05(3) and the RFP Scope of Service section, proprietary information is defined as trade secrets, academic/scientific research in progress, and commercial information that would give advantage to competitors and serve no public purpose. Personal PII in resumes does not meet this statutory definition. Vendors may redact personal contact information (home addresses, personal phone numbers, personal email addresses) from resumes prior to submission. Alternatively, provide professional/business contact information only. NDE recommends submitting resumes with only business contact details. |
| Intro, Paragraph 10 |
| 2 |
| RFP Scope of Service Section, Proprietary Information/ Copyright Waiver Provision. Please clarify the intended scope of the proprietary information/copyright waiver provision. Specifically: |
1. Does the copyright waiver apply solely to the State's right to copy, reproduce, publish, and post the solicitation response document itself (i.e., the specific content and materials as submitted), or is it intended to extend to any underlying background intellectual property (e.g., pre-existing proprietary methodologies, software, patents, trademarks, etc.) that may be referenced or described within the response?
2. If a proposer references or describes pre-existing proprietary background IP in its response, without reproducing the underlying IP itself (only a general description of it), does the copyright waiver affect the proposer's rights in that underlying background IP, or is the waiver limited to the State's right to publish the descriptive text of the response?
We ask for this clarification to ensure our response appropriately identifies and marks any proprietary information consistent with the RFP's instructions, and to confirm our understanding that the waiver pertains to the State's publication rights over the submitted document rather than a transfer or waiver of rights in background intellectual property itself.
The copyright waiver applies solely to NDE's right to copy, reproduce, publish, post, and otherwise use the solicitation response document itself for any purpose (RFP Page 1, Intro Section). The waiver does not extend to or affect underlying background intellectual property that may be referenced or described in the response. Per Section II.P (Contract Closeout) and Section III.E, the Vendor is not required to surrender intellectual property owned by the Vendor for which NDE has no legal claim. The waiver pertains to the State's publication rights over the submitted document rather than a transfer of rights in background IP.
| Intro, Paragraph 11, and Section II, K |
| 2; 19 |
| RFP Scope of Service Section, Indemnification/Waiver of Claims Provision. Please clarify whether the indemnification/waiver of claims provision is intended to require a government entity proposer to waive sovereign immunity or to agree to indemnification obligations beyond what is authorized under the proposer's own governing state law. If so, please advise how a government entity proposer subject to statutory limits on indemnification and immunity waiver should respond to this provision in order to be considered responsive. |
| Per Section II.C (Governing Law), NDE acknowledges that indemnity, limitation of liability, remedy, and similar provisions are entered into subject to the State's Constitution, statutes, common law, regulations, and sovereign immunity. NDE recognizes that a signatory cannot waive sovereign immunity without statutory authorization. Government entity proposers should take exception to specific provisions under Section II (Terms and Conditions) and provide alternative language consistent with their governing state law. NDE reserves the right to negotiate alternative language per the RFP instructions. |
| Section I, C |
| 11 |
| Does NDE allow for a phased implementation plan for screening, test administration, and training across assessments given the start date on January 1, 2027? Usually the screening for WIDA Screener and Alt Screener occurs in summer or fall while the test administrations for ACCESS and Alt ACCESS occur in winter or spring. Trainings are required before test administrations. Is NDE looking for an ELPA and Alt ELPA to be implemented in school year SY27-28 with training and transitions to occur in calendar year 2027? |
| The RFP Schedule of Events (Section I.C) indicates the Vendor start date is January 1, 2027, with contract award on October 1, 2026. NDE expects a detailed implementation plan as part of the Technical Response describing how the scope of services will be planned, implemented, and achieved (Section V.H). Vendors should propose a phased implementation plan that addresses transition activities, training timelines, and assessment administration schedules appropriate for SY27-28. NDE will work with the awarded vendor on a mutually agreeable implementation timeline. |
| Section I, C |
| 11 |
| The Schedule of Events states the electronic solicitation opening is July 15, 2026, at 3 p.m. CT. The information at the top of Page 1 and on the Bid Opportunities website state the opening date and time as July 17, 2026, at 2 p.m. CT. Can you clarify the due date and time? |
| The correct submission deadline is July 17, 2026, at 2:30 PM Local time. An addendum will be issued to correct this discrepancy in the Schedule of Events. |
| Section II, C and K |
| 18; 19 |
| If the proposer is a government entity of another State and, like NDE, possesses its own sovereign immunity under that State's law, which similarly cannot be waived by the proposer's signatory absent specific statutory authorization, could you confirm if the principles reflected in this clause, that a signatory lacks authority to waive their sovereign's immunity and that indemnity, liability, and remedy provisions are entered into subject to the sovereign's constitution, statutes, and common law, would apply to protect the proposer's sovereign immunity as a governmental entity under this solicitation and any resulting contract? |
| Yes. Per Section II.C (Governing Law), NDE acknowledges that (1) the State of Nebraska is a sovereign state; (2) the person signing on behalf of NDE does not have authority to waive sovereign immunity; and (5) indemnity, liability, remedy, and similar provisions are entered into subject to the State's Constitution, statutes, common law, regulations, and sovereign immunity. These same principles would apply to a government entity proposer from another State. Government entity proposers should take appropriate exceptions and provide alternative language consistent with their governing law. |
| Section V, E.i and E.ii |
| 32-33 |
| Will NDE clarify that your current Alt EL Screener and Alt ELPA are specifically developed by or for Nebraska? Will NDE allow for a consortium offering that can still meet the requirements? |
| The RFP (Section V.E) defines the Alt EL Screener and Alt ELPA as assessments designed for students with significant cognitive disabilities, with content linked to Nebraska Academic Standards. NDE is open to consortium offerings that meet all RFP requirements, including alignment to Nebraska Academic Standards, required test formats (online and paper-based versions), Braille versions, and all technical/support requirements specified in Section V.F and V.G. Vendors must demonstrate how consortium offerings fulfill Nebraska-specific requirements. |
| Section V, F |
| 33 |
| Will NDE require all the versions across assessments be available on the start date as listed under the comprehensive English language assessment package or opt for research-driven offerings to address the needs as appropriate? |
| NDE requires all specified assessment versions per Section V.F. Vendors should indicate availability timelines in their Technical Response. NDE will consider phased availability provided the proposal demonstrates a clear timeline to meet all requirements. |
| Section V, F |
| 34 |
| Will NDE share your current status and timeline for Peer Review of State ELP Assessment Systems so the vendor can incorporate into the plan and timeline for studies supporting NDE's responses? |
| NDE's current Peer Review status and timeline for State ELP Assessment Systems is available through the Nebraska Department of Education Office of Federal Programs. Vendors should contact the Procurement POC (Julie Otero) for specific Peer Review documentation or include a request for this information. The selected vendor will be expected to support NDE's Peer Review requirements, including studies and documentation as specified in the contract. |
| Section V, G |
| 34-35 |
| Will NDE be open for all the services and support offered across the consortium that are beyond the list or share any state-specific requirements, such as item development, test development, scoring development, or assessment trainings? |
| NDE is open to services and support beyond those specifically listed in Section V.G, provided they add value and support Nebraska's ELP assessment program. Vendors should clearly identify additional services in their Technical Response and associated costs on the Cost Sheet. State-specific requirements include alignment with Nebraska Academic Standards, support for Nebraska's reporting systems, and compliance with all applicable federal requirements (ESSA Title I and Title III). All offerings will be evaluated based on value to NDE. |
| Section V, G.5 |
| 35 |
| Will NDE require AI scoring on Dynamic Screener or be open for the scoring solutions as supported for the vendors' Screener assessments? |
| Section V.G includes "AI scoring on Dynamic Screener" as a listed service. NDE is open to the scoring solutions supported by the vendor's Screener assessments. Vendors should describe their proposed scoring methodology (AI, human, or hybrid) in the Technical Response, including evidence of validity, reliability, and quality assurance processes. The scoring solution must meet all applicable technical and validity requirements. |
| Section V, G.8 and G.9 |
| 35 |
| Will NDE clarify the requirements for ELP membership Engagement & Strategic Plan Fulfillment? |
| Section V.G lists "ELP membership Engagement" and "Strategic Plan Fulfillment" as services. These refer to the vendor's support for NDE's participation in any consortium membership activities and alignment with NDE's strategic planning goals for English Learner programs. Vendors should describe how they will support NDE in consortium engagement activities and strategic plan implementation in their Technical Response. |
| Section VI, A.1.i |
| 39 |
| Can resumes be marked confidential and kept as proprietary information? |
| Yes, resumes may be marked as proprietary information. Vendors wishing to have information withheld must submit two versions of their solicitation response: (1) a redacted version with proprietary information removed for public posting, and (2) an unredacted version with proprietary content clearly marked and labeled as 'Proprietary.' The unredacted version should identify which specific information the vendor considers proprietary. |
SPB Form 26 Last Revised 4-17-2025