RFA DISTRICT CONSOLIDATION TRANSFORMATION FINAL.docx

Effective Date: July 01, 2021 Revised September 6, 2024

REQUEST FOR APPLICATION

Contract Worker for School and District Transformation RFx # 3150006222

Submission Deadline Date: 4/21/2025

Table of Contents

3.2 Mississippi PERS Retirees…………………………………………………………………5

INTRODUCTION AND OVERVIEW

Purpose and Goals The Mississippi Department of Education (MDE) Office of School and District Transformation issues this Request for Applications to solicit offers from qualified, experienced, and responsible sound Applicants to provide District Consolidation services and District Transformation services. Proposing Applicants must have the proven ability to perform all core services requested in this solicitation. A more detailed listing of services is contained in the Scope of Services (2.1).

The responsibilities of the contract worker include, but are not limited to, working with school district consolidations as required by the Legislature, working with schools in Districts of Transformation, adhering to duties assigned by the Office of School and District Transformation and the State Superintendent of Education. The Legislature states in the laws passed which districts will be consolidated, the timeline for consolidation, and how the districts are to be consolidated, including commissions to review and report back to the Legislature or simply consolidation of the selected districts with the MDE being in charge of the requested procedure. The contract worker will serve as a hearing office for MDE as requested.

All contract awards are at the discretion of the State Board of Education (SBE). The contract will be awarded for a project period of one year. up to five (5) years. Each year of the contract will be reviewed to ensure services will be continued annually and shall be contingent upon successful completion of the services in the preceding year’s contract, availability of funding, and a performance-based evaluation. This solicitation and any resulting contract(s) shall be governed by the applicable provisions of the State Board of Education Contract Policies and if required, the Mississippi Public Procurement Review Board (PPRB), Office of Personal Service Contract Review (OPSCR) Rules and Regulations, a copy of which is available at 501 N. West Street, Suite 701E, Jackson, Mississippi 39201 for inspection or visit PPRB/OPSCR Rules and Regulations. The contract Standard Terms and Conditions has been included as Appendix A for your review and acceptance. If the Applicant objects to any of the Standard Terms and Conditions, the objection may be considered as an adequate cause for rejection without further negotiations.

A copy of this solicitation, including all appendices and any subsequent amendments, including the Question-and-Answer amendment, if issued, will be posted on the MDE website under “Public Notice” Request for Applications, Qualifications, and Proposals section. It is the sole responsibility of all interested Applicants to monitor the website for updates regarding this procurement.

SCOPE OF SERVICES

This section contains information on services and requirements the Applicant must provide. The descriptions are not all-inclusive but are provided to inform you of services or requirements that may require additional planning or programming on your part. A detailed application packet is required to respond to this solicitation to describe the qualifications of the successful Applicant.

The Applicant is expected to provide the following services:

Scope of Services The Mississippi Department of Education is seeking applications for a contract worker to perform the following services:

The duties include but are not limited to:

· Will work with new, upcoming, and recently consolidated school districts;

· Will work as a governmental affairs representative for the Mississippi Department of Education with Mississippi school district consolidations;

· Will be responsible for performing administrative duties as requested for the Office of School and District Transformation;

· Will assist Office of Districts of Transformation in transitioning a district going into and out of conservatorship;

· Will assist Office of Districts of Transformation in school district improvement efforts;

· Will serve as a hearing officer for MDE as needed; and

· Will work on special assignments as requested for the Office of School and District Transformation and the State Superintendent of Education.

Contractor Prerequisites

· Shall have served as a successful Superintendent in a high performing school district, as evidenced by high academic achievement, proficiency and growth, as well as maintenance of accreditation and financial stability with a least five (5) years of administrative experience in the education field; and

· Available to travel.

The specific responsibilities of the MDE are as stated below:

· Provide a contact person for the Contract Worker;

· Review and approve invoices for the Chief, School and District Transformation to sign;

· Provide available information and/or requested information to assist the Contract Worker;

· Complete the Travel Authorization for any travel and get approval by the Chief, School and District Transformation Officer;

· Make phones calls and set up meetings as requested by the Contract Worker;

· Provide Calendar of Events;

· Provide MDE Travel Policy;

· Provide Contract Worker Timesheet, and the Consultant Services Travel Voucher; and

· Provide Contract Worker’s Pay Schedule.

COMPENSATION

Hourly Rate The position will pay $100.00 per hour for up to 1,040 hours per year, inclusive of travel $25,000.00, for the time period July 1, 2025 – June 30, 2026. Renewal options for this contract will be contingent upon available funding, a need for services, and a performance evaluation of the proceeding year’s contract.

The MDE will withhold federal and state taxes, FICA and Medicare. The MDE will pay the required employer contribution for FICA, Medicare and PERS, if applicable. Travel will be reimbursed according to the MDE travel policy. In addition, travel time that equals or exceeds two (2) hours (round trip) will be compensated as follows:

* Two (2) to four (4) hours round trip of travel time as determined by the MDE will be compensated at one (1) hour of the hourly rate of pay.

* Travel time in excess of four (4) hours round trip as determined by the MDE will be compensated at two (2) hours of the hourly rate of pay.

Applicants shall acknowledge all funds and awards are subject to appropriations by the state/federal government and the MDE will not be liable for compensation of any award terminated prior to services beginning.

Mississippi PERS Retirees

Mississippi state retirees are required to complete a PERS Form 4B as mandatory by Mississippi Code Annotated § 25-11-127. Upon notifying applicant of an award, the MDE will submit a copy of the completed PERS Form 4B to the PERS office for processing.

REFERENCES

The Program Office staff and the Office of Procurement must be able to contact two (2) references, if required, within five (5) business days to ensure the Applicant is responsible. (See Appendix B)

1. List up to a minimum of three (3) references must specify:

a. Client name, include contact person, title (director or administrator etc.), location address, e-mail address, and phone number;

b. Type of relationship (e.g., professional, friend, employee).

MINIMUM QUALIFICATIONS

The following minimum qualifications are mandatory. If, in the opinion of the MDE, the Applicant fails to meet any of these minimum qualifications, the application will be disqualified from further evaluation. It is the responsibility of the Applicant to submit a complete application on or before the submission deadline.

List minimum qualifications required to be eligible for an evaluation.

Experience/Years

Superintendent Experience The selected individual for this position must have served as a Superintendent for four years in a high performing district (earning marks in the top two ranges of the statewide accountability rating system).

General Experience The selected individual for this position must have successful related experience as described above at the central office level and experience in working with diversified stakeholder groups to implement large scale projects and initiatives.

Education/Years The selected individual for this position must have a master’s degree or higher.

License/Certification The selected individual for this position must have a current Mississippi administrative license.

Questions and Answers Questions must be submitted to dhammons@mdek12.org and must be received no later than Monday, April 7, 2025 by 5:00 PM CST, to ensure a response by the MDE. Responses to questions will be posted to the MDE website at https://www.mdek12.org/PN/RFP under “Public Notice” Request for Applications, Qualifications, and Applications section as an amendment to the solicitation on Thursday, April 10, 2025. Questions received after the deadline will not be considered for a response. It is the Applicant’s sole responsibility to regularly monitor the website for amendments and/or announcements concerning this solicitation.

Acknowledgment of Amendments The MDE reserves the right to amend this solicitation at any time. Should an amendment to the solicitation be issued, it will be posted to the MDE website at https://mdek12.org/procurement/rfp/ under MDE Bid Announcements. Offerors must acknowledge receipt of any amendment to the solicitation by signing and returning the amendment acknowledgment form. Please monitor the website for amendments to the solicitation. The MDE responses to questions will be treated as amendments to the solicitation and will require acknowledgment. It is the Offeror’s sole responsibility to monitor MDE website or emails for amendments to this solicitation.

Cost of Application Preparation All costs incurred by the Applicant in preparing and delivering its application, making presentations, and any subsequent time and travel to meet with the MDE regarding its application shall be borne exclusively at the Applicant’s expense.

Right to Reject, Cancel and/or Issue Another Solicitation The MDE specifically reserves the right to reject any or all applications received in response to the solicitation, cancel the solicitation in its entirety, or issue another solicitation.

Debarment By submitting an application, the Applicant certifies that it is not currently debarred from submitting applications for contracts issued by any political subdivision or agency of the State of Mississippi or Federal Government and that it is not an agent of a person or entity that is currently debarred from submitting applications for contracts issued by any political subdivision or agency of the State of Mississippi.

State Approval It is understood that this contract may require approval by the SBE/PPRB. If required and if this contract is not approved, it is void and no payment shall be made hereunder. Every effort shall be made by the MDE to facilitate rapid approval and a start date consistent with the proposed schedule; however please note the schedule is tentative.

PROCUREMENT OF CONTRACTS

Restrictions on Communications with the MDE Staff At no time shall any Applicant or its personnel, contact or attempt to contact, any MDE staff regarding this solicitation except for the contact specified in the Questions and Answers Section. Should it be determined that any Applicant has attempted to communicate or has communicated with any MDE employee outside of the Office of School and District Transformation regarding this solicitation, the MDE, at its discretion, may disqualify the Applicant from submitting an application in response to this SOLICITATION.

Submission Requirements For applications that are shipped/mailed, the application shall be submitted in one (1) original bound binder using the Required Format in the section below. For applications that are submitted via MAGIC, the application shall be electronically submitted using the Required Format in the specified section below. The complete application including all attachments shall be submitted in a searchable Microsoft Office® format, preferably in Word® or Portable Document Format (PDF) only.

Each page of the application must be numbered. Multiple page attachments and samples should be numbered internally within each document and not necessarily numbered in the overall page number sequence of the entire application. The intent of this requirement is for the Applicant to submit all information in a manner that it is clearly referenced and easy to locate.

The Applicant shall provide the following:

a. one (1) original signed copy of the complete application including all attachments.

Section components must be clearly distinguished as follow:

1. COMPONENT 1 – Application (Signed)

a. Tab 1 – Application shall provide clear and concise information to encompass the minimum qualifications. Any required information that is omitted and not addressed in the minimum qualifications section will disqualify submission and will not be considered for an award.

2. COMPONENT 2 - Resume

a. Tab 2 – Resume must include qualifications and experiences to align and address the scope of work. Any required information that is omitted and not addressed to support the scope of work will disqualify submission and will not be considered for an award.

b. Tab 3 – References must meet the requirements as set forth in the References section. (See Section 4)

3. COMPONENT 3 – License/Certification Review scope and requirements above

a. Tab 4 - License/Certification must meet the requirements as set forth in the minimum qualifications.

b.

4. COMPONENT 4 - Other

a. Tab 5 - Signed Acknowledgement of Amendment/ Contingent Fee Forms Modifications or additions to any portion of the procurement document may be a cause for rejection of the application. The MDE reserves the right to decide, on a case-by-case basis, whether to reject an application with modifications or additions as non-responsive. As a precondition to application acceptance, the MDE may request the Applicant to withdraw or modify those portions of the application deemed non-responsive that do not affect delivery of the service. The solicitation issued by the MDE is the official version and will supersede any conflicting solicitation language subsequently submitted in applications.

All documentation submitted in response to this solicitation and any subsequent requests for information pertaining to this solicitation shall become the property of the MDE and will not be returned to the Applicant.

If you have additional information you would like to provide, include it as Component 4 of your application. (See Component 4(a)) Failure to provide all requested information and in the required format may result in disqualification of the Application. All requested information is considered important. The MDE has no obligation to locate or acknowledge any information in the application that is not presented under the appropriate outline and in the proper location according to the instructions herein.

Application Submission Period A signed application packet shall be submitted electronically via the Mississippi Accountability Governmental Information Collaboration System (MAGIC) no later than Monday, April 21, 2025, by 2:00 PM Central Standard Time (CST). Applications shall be submitted in the Mississippi Accountability Governmental Information Collaboration System (MAGIC). Please visit and register at DFA: Mississippi Suppliers (Vendors) (ms.gov). If assistance is required, contact MASH help desk at 601-359-1343 at least 72 hours in advance of the due date for submission. Applications received after the time designated in the solicitation shall be considered late and shall not be considered for award.

OR

Shipping instructions are provided below:

An original signed application packet with four (4) copies shall be shipped/mailed and received in a sealed envelope at the MDE no later than Monday, April 21, 2025 by 2:00 PM Central Standard Time (CST).

The return address label must be visible on the outside of the sealed shipping envelope and shall include the name of the individual/entity submitting the response. Any deviation from these instructions may result in disqualification of the response application and shall not be considered for an award.

Ship To:

MONIQUE CORLEY

Office of Procurement The Mississippi Department of Education Contract Worker for School and District Transformation RFx # 3150006222 359 North West Street Jackson, Mississippi 39201

Timely submission of the application package is the sole responsibility of the Applicant. It is suggested that if the application is shipped to the MDE, it should be tracked to require an MDE mailroom staff signature and request a return receipt/notice with signature. Any application shipped or mailed MUST be verified, date and time stamped, and recorded by an MDE mailroom staff. The time and date of the receipt will be indicated on the sealed application envelope or package by the MDE mailroom staff. The only acceptable evidence to establish the time of receipt at the MDE will be identified by the time and date stamp of the MDE mailroom staff on the application wrapper or other documentary evidence of receipt used by the mailroom.

Packages that are delivered in person by the applicant or a representative will NOT be opened. Packages received by shipping/mail without the appropriate acceptance by the MDE mailroom staff or is received and recorded AFTER the submission deadline will NOT be considered for an award.

The MDE will not be responsible for delivery delays or lost packets. All risk of late arrival due to unanticipated delays – whether delivered by shipping or electronic method – is entirely on the Applicant. All Applicants are urged to take the possibility of delay into account when submitting an application and submit electronically via MAGIC. The Applicant shall be notified as soon as practicable if their application was rejected and the reason for such rejection.

Important Tentative Dates

Wednesday, March 19, 2025 Wednesday, March 26, 20205 Request for Applications release date Advertisement

NOTE: Adjustments to the schedule may be made as deemed necessary by the MDE.

Acceptance of Applications After receipt of the applications, the MDE reserves the right to award the contract based on the terms, conditions, premises of the solicitation, and the application of the selected individual without negotiation.

All properly submitted applications shall be accepted by the MDE. After the compliance review or evaluating of applications, the MDE may request necessary amendments from all Applicants, reject any or all applications received, or cancel this solicitation, according to the best interest of the MDE and the State of Mississippi.

The MDE also reserves the right to waive minor irregularities in applications providing such action is in the best interest of the MDE and the State of Mississippi. A minor irregularity is defined as a variation of the solicitation which does not affect the price of the application or give one party an advantage or benefit not enjoyed by other parties, or adversely impacts the interest of the MDE. Where the MDE may waive minor irregularities as determined by the MDE, such waiver shall in no way modify the solicitation requirements or excuse the Applicant from full compliance with the solicitation specifications and other contract requirements should the Applicant be awarded the contract.

The MDE reserves the right to exclude any and all non-responsive applications from any consideration for contract award. The MDE shall award a contract to the Applicant whose application is responsive to the solicitation and is most advantageous to the MDE, the Board, and the State of Mississippi in price, quality, and other factors considered.

Disposition of Application The application submitted by the successful Applicant shall be incorporated into and become part of the resulting contract. All applications received by the MDE shall upon receipt become and remain the property of the MDE. The MDE shall have the right to use all concepts contained in any application and this right shall not affect the solicitation or rejection of the application.

Modification or Withdrawal of an Application Prior to the application submission deadline, a submitted application may be withdrawn by submitting a written request for its withdrawal to the MDE, signed by the Applicant.

An Applicant may submit an amended application before the application submission deadline. Such amended applications shall be a complete replacement for a previously submitted application and shall be clearly identified as such. The MDE shall not merge, collate, or assemble application materials.

Unless requested by the MDE, no other amendments, revisions, or alterations to applications shall be accepted after the application submission deadline. Any submitted application shall remain a valid application for one hundred eighty (180) calendar days from the application submission deadline.

Rejection of Applications An application response that includes terms and conditions that do not conform to the terms and conditions specified within this solicitation is subject to rejection as non-responsive. Further, submission of an application that is not complete and/or unsigned is subject to rejection as non-responsive. The MDE reserves the right to permit the Applicant to withdraw nonconforming terms and conditions from its application response prior to a determination by the MDE of non-responsiveness based on the submission of nonconforming terms and conditions. Additional reasons for rejecting an application include:

1. The application contains unauthorized amendments to the requirements of the solicitation;

2. The application is conditional;

3. The application is incomplete or contains irregularities, which make the application indefinite or ambiguous;

4. The application did not follow submission requirements;

5. The application does not have an original or electronic authentication signature by the applicant;

6. The application contains false or misleading statements or references;

7. The Applicant is determined to be non-responsive;

8. The services offered in the application is unacceptable by reason of its failure to meet the requirements of the specifications or permissible alternates or other acceptable criteria set forth in the solicitation;

9. The application is received late. Late applications shall be maintained unopen in the procurement file;

10. The Applicant or representative emails the application response packet to an MDE staff;

11. The Applicant has been implicated in fraud and/or been debarred within the past seven (7) years;

12. The Applicant did not perform prior MDE services in an honorable and/or proper like manner;

13. The Applicant currently indebted to the State;

14. Objection with the Standard Terms and Conditions; or

15. In person delivery of application.

Corrections and Clarifications The MDE reserves the right to request clarifications or corrections to applications after the response has met the submission requirements and the response is deemed responsible for an award. Any application received which does not meet the requirements of this solicitation will be considered non-responsive and eliminated from further consideration.

Application Evaluation All applications received in response to this solicitation by the stated deadline will receive a comprehensive, fair, and impartial evaluation. An evaluation committee will evaluate the applications using a two or three-phase process, consisting of Compliance, and Analysis, and Finalist phases. A 100-point scoring scale will be used in the evaluation process for applications determined to be in compliance and responsive to the solicitation. For applications ultimately determined to be finalists, applicants must meet a minimum score of 90 and the additional points will be added based on interviews. The evaluation of any application may be suspended and/or terminated at the MDE’s discretion at any point during the evaluation process at which the MDE determines that said application and/or Applicant fails to meet any of the mandatory requirements as stated in this solicitation, the application is determined to contain fatal deficiencies to the extent that the likelihood of selection for contract negotiations is minimal, or the MDE and/or the Board receives reliable information that would make contracting with the Applicant impractical or otherwise not in the best interests of the Board and/or the state of Mississippi.

The evaluation process, including evaluation factors and weights, are described below:

Compliance Phase - In this pass or fail phase of the evaluation process, all applications received will be reviewed by the procurement officer and/or designee to determine if the following mandatory requirements of this solicitation have been satisfied:

1. Application received by submission deadline;

2. Required application submission format followed;

3. Minimum Qualifications met;

4. Application signed;

5. Resume;

6. References;

7. All Required Signed Forms (if applicable).

Failure to comply with these requirements shall result in the application being eliminated from further consideration. Applicants passing the Compliance Phase will be evaluated further.

Weight –The Compliance Phase is a pass or fail phase of the evaluation.

Analysis Phase – In this phase of the evaluation process, the evaluation committee will score applications to determine numerical scores for each qualified Applicant. Numerical scores will be calculated based on the following criteria. Evaluation factors are listed below in order of their relative importance and weight:

1. Application (Weight/Value – 30) - shall provide information to encompass the qualifications.

2. Resume and References (Weight/Value – 40) – must provide clear and concise information to include work experience that aligns and addresses the required scope of work.

3. Certifications/License (Weight/Value – 30) – Any additional relevant information.

Upon completion of the Analysis Phase, the evaluation committee will review, score, and validate rubrics for the committee’s average score to determine if a finalist will move to the Finalist Phase. If interviews are not included within this solicitation, the finalist with the highest-ranking score(s) will be the Awarded Applicant(s) after the Analysis Phase.

Upon completion of the evaluation of applications, the evaluation committee’s average score will determine the top scoring application(s) and the Program Office will make a recommendation to the SBE as to the application deemed most advantageous to the State and to authorize the issuance of an Intent to Award contract notification to the selected Applicant or Applicants. Subsequent to authorization by the Board, all participating Applicants will be notified in writing of the contract award.

Ethics In compliance with State law, a Contractor who is employed by a public entity agrees to make arrangements with his/her employer to take the appropriate leave (annual, professional, compensatory, etc.) during the period of service covered by this contract. Contractor also agrees not to utilize resources of the public employer to perform the services pursuant to this contract. Prior to execution of this contract, Contractor must submit to the MDE a Certification (on the MDE form) executed from his/her employer whereby the public employer acknowledges that it is aware of its employee working for the MDE.

Termination in Event of Employment Contract shall be terminated immediately if Contractor becomes an employee of the MDE and is only subject to payment of services prior to effective date of employment at the MDE.

End of Page

Appendix A – Standard Terms and Conditions Certain terms and conditions are required for contracting. Therefore, the Applicant shall assure agreement and compliance with the following standard terms and conditions.

1. ACCESS TO RECORDS

Contractor agrees that the MDE, or any of its duly authorized representatives, at any time during the term of this agreement, shall have access to, and the right to audit and examine any pertinent books, documents, papers, and records of Contractor related to Contractor’s charges and performance under this agreement. Such records shall be kept by Contractor for a period of three (3) years after final payment under this agreement, unless the MDE authorizes their earlier disposition. Contractor agrees to refund to the MDE any overpayment disclosed by any such audit. However, if any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of 3-year period, the records shall be retained until completion of the action and resolution of all issues which arise from it.

2. ANTI-ASSIGNMENT/SUBCONTRACTING

Contractor acknowledges that it was selected by the State to perform the services required hereunder based, in part, upon Contractor’s special skills and expertise. Contractor shall not assign, subcontract, or otherwise transfer this agreement, in whole or in part, without the prior written consent of the State, which the State may, in its sole discretion, approve or deny without reason. Any attempted assignment or transfer of its obligations without such consent shall be null and void. No such approval by the State of any subcontract shall be deemed in any way to provide for the incurrence of any obligation of the State in addition to the total fixed price agreed upon in this agreement. Subcontracts shall be subject to the terms and conditions of this agreement and to any conditions of approval that the State may deem necessary. Subject to the foregoing, this agreement shall be binding upon the respective successors and assigns of the parties.

3. APPLICABLE LAW

The contract shall be governed by and construed in accordance with the laws of the State of Mississippi, excluding its conflicts of law provisions, and any litigation with respect thereto shall be brought in the courts of the State. Contractor shall comply with applicable federal, state, and local laws and regulations.

4. APPROVAL

It is understood that if this contract requires approval by the Public Procurement Review Board (“PPRB”) and/or the Department of Finance and Administration Office of Personal Service Contract Review (“OPSCR”), and this contract is not approved by PPRB and/or OPSCR, it is void and no payment shall be made hereunder.

5. ATTORNEY’S FEES AND EXPENSES

Subject to other terms and conditions of this agreement, in the event Contractor defaults in any obligations under this agreement, Contractor shall pay to the State all costs and expenses (including, without limitation, investigative fees, court costs, and attorney’s fees) incurred by the State in enforcing this agreement or otherwise reasonably related thereto. Contractor agrees that under no circumstances shall the customer be obligated to pay any attorney’s fees or costs of legal action to Contractor.

6. AUTHORITY TO CONTRACT

Contractor warrants (a) that it is a validly organized business with valid authority to enter into this agreement; (b) that it is qualified to do business and in good standing in the State of Mississippi; (c) that entry into and performance under this agreement is not restricted or prohibited by any loan, security, financing, contractual, or other agreement of any kind; and (d) notwithstanding any other provision of this agreement to the contrary, that there are no existing legal proceedings or prospective legal proceedings, either voluntary or otherwise, which may adversely affect its ability to perform its obligations under this agreement.

7. AVAILABILITY OF FUNDS

It is expressly understood and agreed that the obligation of the MDE to proceed under this agreement is conditioned upon the appropriation of funds by the Mississippi State Legislature and the receipt the appropriated funds. If the funds anticipated for the continuing time fulfillment of the agreement are, at any time, not forthcoming or insufficient, regardless of the source of funding, the MDE shall have the right upon 10 business days written notice to Contractor, to terminate this agreement without damage, penalty, cost or expense to the MDE of any kind whatsoever. The effective date of termination shall be as specified in the notice of termination.

8. BACKGROUND CHECKS

Contractor represents that it has never been convicted or pled guilty or entered a plea of nolo contendere to a felony in any court of the state of Mississippi, another state, or in federal court in which public funds were unlawfully taken, obtained or misappropriated in the abuse of misuse of any office or employment or money coming into its hands by virtue of any office or employment. Contractor agrees to an initial criminal background check to be performed as well as subsequent criminal background checks that may be necessary and all charges associated with these criminal background checks will be the responsibility of Contractor. Any disqualifying information received from the criminal background check will render this agreement null and void.

9. BOARD APPROVAL

It is understood that if this contract requires approval by the Mississippi State Board of Education, and this contract is not approved by the Mississippi State Board of Education, it is void and no payment shall be made hereunder.

10. COMPLIANCE WITH EQUAL OPPORTUNITY IN EMPLOYMENT POLICY

Contractor understands that the MDE is an equal opportunity employer and therefore, maintains a policy which prohibits unlawful discrimination based on race, color, creed, sex, age, national origin, physical handicap, disability, genetic information, or any other consideration made unlawful by federal, state, or local laws. All such discrimination is unlawful, and Contractor agrees during the term of the agreement that Contractor will strictly adhere to this policy in its employment practices and provision of services.

11. COMPLIANCE WITH LAWS

Contractor shall comply with, and all activities under this agreement shall be subject to, all applicable federal, state, and local laws and regulations, as now existing and as may be amended or modified.

12. CONFIDENTIALITY

Notwithstanding any provision to the contrary contained herein, it is recognized that MDE is a public agency of the State of Mississippi and is subject to the Mississippi Public Records Act. Mississippi Code Annotated 25-61-1 et seq. If a public records request is made for any information provided to MDE pursuant to this agreement and designated by the Contractor in writing as trade secrets or other proprietary confidential information, the MDE shall follow the provisions of Mississippi Code Annotated 25-61-9 and 79-23-1 before disclosing such information. The MDE shall not be liable to the Contractor for disclosure of information required by court order or required by law.

13. COPYRIGHTS

Contractor agrees that all new materials or processes developed, all inventions, new instructional concepts, techniques, scripts and/or work products created, devised, or produced under, or in the performance of, this Contract shall be and are the exclusive property of the MDE, in perpetuity.

Any liability resulting from the wrongful disclosure or use of the exclusive property of the MDE on the part of the Contractor shall rest with the Contractor.

14. DEBARMENT AND SUSPENSION

Contractor certifies to the best of its knowledge and belief, that it:

(1) is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transaction by any federal department or agency or any political subdivision or agency of the State of Mississippi;

(2) has not, within a three-year period preceding this qualification, been convicted of or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction;

(3) has not, within a three-year period preceding this qualification, been convicted of or had a civil judgment rendered against it for a violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(4) is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of these offenses enumerated in paragraph two (2) and (3) of this certification; and,

(5) has not, within a three-year period preceding this qualification, had one or more public transactions (federal, state, or local) terminated for cause or default.

15. DISCLOSURE OF CONFIDENTIAL INFORMATION

In the event that either party to this agreement receives notice that a third-party requests divulgence of confidential or otherwise protected information and/or has served upon it a subpoena or other validly issued administrative or judicial process ordering divulgence of confidential or otherwise protected information that party shall promptly inform the other party and thereafter respond in conformity with such subpoena to the extent mandated by law. This section shall survive the termination or completion of this agreement. The parties agree that this section is subject to and superseded by Mississippi Code Annotated 25-61-1 et seq.

16. E-PAYMENT

Contractor agrees to accept all payments in United States currency via the State of Mississippi’s electronic payment and remittance vehicle. The agency agrees to make payment in accordance with Mississippi law on “Timely Payments for Purchases by Public Bodies,” which generally provides for payment of undisputed amounts by the agency within forty-five (45) days of receipt of invoice. Mississippi Code Annotated § 31-7-301 et seq.

17. E-VERIFICATION

If applicable, Contractor represents and warrants that it will ensure its compliance with the Mississippi Employment Protection Act and will register and participate in the status verification system for all newly hired employees. Mississippi Code Annotated §§ 71-11-1 and 71-11-3. Contractor agrees to provide a copy of each verification upon request of the [Agency] subject to approval by any agencies of the United States Government. Contractor further represents and warrants that any person assigned to perform services hereafter meets the employment eligibility requirements of all immigration laws.

The breach of this clause may subject Contractor to the following:

1) termination of this contract and exclusion pursuant to Chapter 15 of the Public Procurement Review Board Office of Personal Service Contract Review Rules and Regulations;

2) the loss of any license, permit, certification or other document granted to Contractor by an agency, department, or governmental entity for the right to do business in Mississippi; or

3) both. In the event of such termination, Contractor would also be liable for any additional costs incurred by the Agency due to Contract cancellation or loss of license or permit to do business in the state.

18. EXPENSES INCURRED IN THE PROCUREMENT PROCESS

All parties participating in the procurement process with regard to this solicitation shall bear their own costs of participation, pursuant to Section 1.4.4 of the Public Procurement Review Board Office of Personal Service Contract Review Rules and Regulations.

19. HEALTH INSURANCE MARKETPLACE

Contractor is not eligible for health insurance coverage through the state of Mississippi. Contractor may be able to obtain health coverage for self and family through the Health Insurance Marketplace. The Marketplace offers “one-stop shopping” to find and compare private health insurance options. Contractor may be eligible for a new kind of tax credit that lowers monthly premiums and for assistance with out-of-pocket costs. Contractor may contact https://www.healthcare.gov/ for more information, including an online application for health insurance coverage and contact information for a Health Insurance Marketplace in the area.

20. MINOR INFORMALITIES AND IRREGULARITIES

The MDE has the right to waive minor defects or variations of a [bid, proposal, qualification, application] from the exact requirements of the specifications that do not affect the price, quality, quantity, delivery, or performance of the services being procured and if doing so does not create an unfair advantage for any applicant. If insufficient information is submitted by an applicant for the MDE to properly evaluate the offer, the MDE has the right to require such additional information as it may deem necessary after the submission deadline, provided that the information requested does not change the price, quality, quantity, delivery, or performance time of the services being procured and such a request does not create an unfair advantage for any applicant. (Information requested may include, for example, a copy of business or professional licenses, or a work schedule.)

21. MODIFICATION OR RENEGOTIATION

This agreement may be modified, altered or changed only by written agreement signed by the parties hereto. The parties agree to renegotiate the agreement if federal and/or state revisions of any applicable laws or regulations make changes in this agreement necessary.

22. ORAL STATEMENTS

No oral statement of any person shall modify or otherwise affect the terms, conditions, or specification stated in this contract.

23. PERFORMANCE OF CONTRACT BY CONTRACTOR

Contractor hereby agrees to perform the Specified Services herein described in Paragraph 1 above in a proper, workmanlike, and dignified manner; warrants that he/she is able to and will perform such Specified Services in a manner acceptable to the MDE; and agrees to make all additions, deletions and/or changes that may be required by the MDE, as a condition precedent to the acceptance of such Specified Services by the MDE.

24. PERSONNEL

Contractor agrees that, at all times, the employees of contractor furnishing or performing any of the services specified under this agreement shall do so in a proper, workmanlike, and dignified manner.

25. PRICE ADJUSTMENT

(1) Price Adjustment Methods. Any adjustments in contract price, pursuant to a clause in this contract, shall be made in one or more of the following ways:

a. by agreement on a fixed price adjustment before commencement of the Additional performance;

b. by unit prices specified in the contract;

c. by the costs attributable to the event or situation covered by the clause, plus appropriate profit or fee, all as specified in the contract; or,

d. by the price escalation clause.

(2) Submission of Cost or Pricing Data. Contractor shall provide cost or pricing data for any price adjustments subject to the provisions of Section 3-401 (Cost or Pricing Data) of the Mississippi Public Procurement Review Board Office of Personal Service Contract Review Rules and Regulations.

26. PROCUREMENT REGULATIONS

The contract shall be governed by the applicable provisions of the Mississippi Public Procurement Review Board Office of Personal Service Contract Review Rules and Regulations, a copy of which is available at 501

North West Street, Suite 701E, Jackson, Mississippi 39201 for inspection, or downloadable at http://www.DFA.ms.gov. Any bidder responding to a solicitation for personal and professional services and any contractor doing business with a state Agency is deemed to be on notice of all requirements therein.

27. PROPERTY RIGHTS

Property rights do not inure to any bidder until such time as services have been provided under a legally executed contract. No party responding to this solicitation has a legitimate claim of entitlement to be awarded a contract or to the provision of work thereunder. The MDE is under no obligation to award a contract and may terminate a legally executed contract at any time.

28. NO LIMITATION OF LIABILITY

Nothing in this agreement shall be interpreted as excluding or limiting any liability of the Contractor for harm arising out of the Contractor’s or its subcontractors’ performance under this agreement.

29. REPRESENTATION REGARDING CONTINGENT FEES

Contractor represents that it has not retained any person or agency on a percentage, commission, or other contingent arrangement to secure this contract. If the Contractor cannot make such a representation, a full and complete explanation shall be submitted in writing [with the offeror’s response, to the Agency prior to contract execution.

30. PAYMODE

Payments by the MDE using the state’s accounting system shall be made and remittance information provided electronically as directed by the state and deposited into the bank account of Contractor’s choice. The MDE may, at its sole discretion, require Contractor to electronically submit invoices and supporting documentation at any time during the term of this Agreement. Contractor understands and agrees that the Agency is exempt from the payment of Mississippi taxes. All payments shall be in United States currency.

31. REPRESENTATION REGARDING GRATUITIES

Contractor represents that it has not, is not, and will not offer, give, or agree to give any employee or former employee of the MDE a gratuity or offer of employment in connection with any approval, disapproval, recommendation, development, or any other action or decision related to the solicitation and resulting contract. Contractor further represents that no employee or former employee of the MDE has or is soliciting, demanding, accepting, or agreeing to accept a gratuity or offer of employment for the reasons previously stated; any such action by an employee or former employee in the future, if any, will be rejected by Contractor. Contractor further represents that it is in compliance with the Mississippi Ethics in Government laws, codified at Mississippi Code Annotated §§ 25-4-101 through 25-4-121, and has not solicited any employee or former employee to act in violation of said law.

32. RIGHT TO AUDIT

Contractor shall maintain such financial records and other records as may be prescribed by the MDE or by applicable federal and state laws, rules, and regulations. Contractor shall retain these records for a period of three years after final payment, or until they are audited by the MDE, whichever event occurs first. These records shall be made available during the term of the contract and the subsequent three-year period for examination, transcription, and audit by the Mississippi State Auditor’s Office, its designees, or other authorized bodies.

33. RIGHTS TO MATERIALS

Contractor retains the right to materials used in the performance of the Contract, which was developed by Contractor with non-MDE funds. The MDE is granted non-exclusive license to copy the materials for use within the State of Mississippi.

34. SEVERABILITY

If any part of this agreement is declared invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision of the agreement that can be given effect without the invalid or unenforceable provision, and to this end the provisions hereof are severable. In such even, the parties shall amend the agreement as necessary to reflect the original intent of the parties and to bring any invalid or unenforceable provision in compliance with applicable law.

35. STATE PROPERTY

Contractor will be responsible for the proper custody and care of any state-owned property furnished for Contractor’s use in connection with the performance of this agreement. Contractor will reimburse the State for any loss or damage, normal wear and tear excepted.

36. STOP WORK ORDER

The MDE may, by written order to Contractor at any time, require Contractor to stop all or any part of the work called for by this contract. This order shall be for a period of time specified by the MDE. Upon receipt of such an order, Contractor shall forthwith comply with its terms and take all reasonable steps to minimize any further cost to the MDE. Upon expiration of the stop work order, Contractor shall resume providing the services which were subject to the stop work order, unless the MDE has terminated that part of the agreement or terminated the agreement in its entirety. The MDE is not liable for payment for services which were not rendered due to the stop work order.

37. TERMINATION FOR CONVENIENCE

1. Termination.