STATE 0000000541SL High Quality Evidence-Based Instructional Materials QVL.docx

State of Missouri Office of Administration, Division of Purchasing

Request for Proposal (RFP) for High Quality Evidence-Based Instructional Materials for Early Literacy Qualified Vendor List (QVL)

PROPOSAL DUE NO LATER THAN: SEPTEMBER 11, 2026 AT 2:00 PM CT

Proposal response must be submitted electronically through MissouriBUYS, powered by MOVERS, at https://missouribuys.mo.gov.

E-mailed, mailed, courier, or hand-delivered proposal responses will not be accepted.

RFP CONTACT INFORMATION:

BUYER: Jennie Rees

PHONE NO.: (573) 751-6442

EMAIL: jennie.rees@oa.mo.gov See “RFP Questions” in Section 1 for appropriate communications during the procurement process.

DELIVER SUPPLIES/SERVICES FREE ON BOARD (FOB) DESTINATION TO THE FOLLOWING ADDRESS:

Department of Elementary and Secondary Education Various Local Education Agencies Throughout the State of Missouri

ATTENTION:

1. After reviewing the Request for Proposal (RFP), the vendor must complete and return Exhibit A, Proposal Signature Page and all other necessary exhibits.

2. Due to lead times for obtaining the information needed to complete the various Business Compliance Exhibits herein as explained in the RFP’s Vendor Response Exhibits, vendors are encouraged to IMMEDIATELY begin securing these verifications.

3. The vendor must be registered in MissouriBUYS, powered by MOVERS in a “Prospective” or “Spend Authorized” registration status to submit a proposal. The vendor must achieve “Approved” registration status in MissouriBUYS (WebProcure/Proactis) and “Spend Authorized” registration status in MissouriBUYS, powered by MOVERS to be considered for a contract award. Reference Section 5.

RFP Organization:

RFP Vendor Response Exhibits (Return these exhibits with the proposal)

BUSINESS COMPLIANCE EXHIBITS

Separate Documents: The vendor is advised that the separate documents to this document referenced above provide additional requirements, information, and/or instruction. The separate documents must be downloaded from the Division of Purchasing’s MissouriBUYS, powered by MOVERS, website at: https://missouribuys.mo.gov/. The separate documents are downloadable from the same web page where the solicitation document is downloadable. It shall be the sole responsibility of the vendor to obtain each of the separate documents. The vendor shall not be relieved of any responsibility for performance under the subsequent contract due to the failure of the vendor to obtain a copy of the separate documents.

INTRODUCTION AND BACKGROUND INFORMATION SECTION

Introduction:

Purpose: This document constitutes a request for competitive, sealed proposals for the provision of high quality evidence-based instructional materials for early literacy (K-5) in the categories of core, supplemental, and intervention materials as a Qualified Vendor List (QVL) as set forth herein for the Department of Elementary and Secondary Education (DESE) (hereinafter referred to as “state agency”).

The state agency is accepting core, supplemental, and intervention programs in early literacy for grades K-5. Vendors MUST submit a list of the high quality instructional materials and services they wish to have considered with their proposal response.

(See detailed requirements and directions on Exhibit D, Sample Materials Checklist Per Individually Proposed Packets)

The vendor must provide a complete list of the components of the program. All components must meet the requirements listed herein. The list of materials should not contain items other than those to be considered for review/approval for inclusion in the QVL.

If the vendor is proposing a supplemental or intervention program, the vendor must identify the essential skill(s) included. All supplemental and interventions programs must align with evidence-based reading instruction and the science of reading.

If materials are to be considered for multiple categories, the vendor should indicate the categories the materials are to be considered for in their list of materials. If materials are not stated on the material list, the state agency will not consider them for review/approval.

Resources that do not meet all of the instructional criteria necessary and stated herein to be considered core materials, supplemental materials, or intervention materials will not be included in the awarded list of High-Quality, Evidence-Based Instructional Materials for Early Literacy.

The approved and awarded list of curricula shall serve as the instructional materials to be provided by the awarded contractors on the established Qualified Vendor List.

1.1.1 The State of Missouri intends to establish contracts with multiple vendors which shall be referred to collectively as a Qualified Vendors Listing (QVL) for use on an as needed, if needed basis by Local Education Agencies (LEAs) and grant programs. Contract awards will be made based upon the vendor’s reliability and compliance with the requirements specified herein. The awarded contracts shall not be viewed as exclusive contracts. The state reserves the right to issue subsequent solicitations for the same or similar supplies.

1.1.2 The product information provided in this RFP represents mandatory specifications. No guarantee is being made regarding the quantity of high-quality instructional materials an LEA or grant program will actually purchase. Vendors are advised NOT to provide pricing for the items at this time as the information is intended only to provide potential vendors with specific requirements as well as for informational purposes only.

Minimum Experience Qualifications: There are minimum experience qualifications in the RFP (See Section 2.4, Minimum Experience Requirements in Section 2: Scope of Work).

Titles: Titles of paragraphs used herein are for the purpose of facilitating reference only and shall not be construed to infer a contractual construction of language.

Background and Historical Usage Information:

The purpose of this document is to establish a QVL for high-quality evidence-based instructional materials through a more seamless procurement process, foster competition, and to promote a consistent high-quality delivery of products/services regardless of market volatility.

1.1.3 Senate Bill 681 – Section 161.241.7, RSMo, requires the Missouri Department of Elementary and Secondary Education (DESE) to publish criteria and examples to help districts and schools select and use evidence-based reading curricula and instructional materials. Additionally, the department shall publish a list of curricula that ensure instruction is explicit, systematic, diagnostic, and based on phonological awareness, phonics, fluency, vocabulary, comprehension, morphology, syntax, and semantics. This shall be a resource for districts. Additionally, the department shall make funds available for reimbursement to Missouri Local Education Agencies (LEAs) for the purchase of these evidence-based literacy instructional materials (Section 161.241.9, RSMo).

1.1.4 Many schools do not provide teachers with instructional materials that meet student needs or are aligned with evidence-based practices, and teachers must fill the gaps.

Missouri schools need access to high-quality instructional materials aligned with evidence-based reading instruction grounded in the science of reading that get students excited to learn and prepare them for their future. A powerful body of research suggests that content-rich, standards-aligned, and high-quality curricula exert a powerful influence on student achievement. There is also early evidence that switching to a high-quality curriculum may be a more cost-effective way to raise student achievement than several other school-level interventions.

Many common instructional materials billed as “standards-aligned” simply don’t live up to that promise. Independent analyses often reveal significant gaps between what various curricula actually cover and what college- and career-ready standards demand. The result is that many widely used curricula fall far short. Moreover, even strong curricula may be delivered alongside weak materials from a variety of sources. A 2016 RAND Corporation report found that many teachers mix and match formal, published curricula and informal, online lessons; self-developed and district-selected; well-aligned to standards and not so-well aligned. 80% of English language arts teachers and 72% of math teachers from a five-state sample reported using materials developed by themselves and staff at their schools on a weekly basis, and other materials less frequently. Teachers also draw upon online resources, including Google, Pinterest, and Teacherspayteachers.com. Some of these websites clearly focus on providing standards-aligned materials, but many others do not. Such varied resources make it difficult to determine whether a classroom’s content is well-sequenced or well-aligned to the state’s standards. There is no judgment here about the quality of teacher-created curricula – merely an acknowledgement that, with so many teachers creating so many different bodies of material, many of our state’s students may be missing the opportunity to experience a well-rounded, rigorous, sequenced curriculum.

Missouri has 555 local education agencies (LEAs) and approximately 385,089 K-5 grade students.

Current Contracts Information:

Current contracts exist for the products and/or services being obtained via this RFP. A copy of the contracts can be viewed and printed from the Division of Purchasing Awarded Bid & Contract Document Search System located on the Internet at: https://purch.oa.mo.gov/bidding-contracts/awarded-bid-contract-document-search. In addition, all proposal and evaluation documentation leading to the award of the contracts may also be viewed and printed from the Division of Purchasing’s Awarded Bid & Contract Document Search System. Please reference the Bid numbers RFPC30034902300621, RFPC30034902400320, and RFPC30034902400335 or the contract number(s) CC230621001-002, CC240320001, and CC240335001-023 when searching for these documents.

State Expenditures: The Missouri Accountability Portal (MAP) located on the Internet at: http://mapyourtaxes.mo.gov/MAP/Expenditures/ provides financial data related to the purchase of the services under the contract. Be sure to read the information provided in the site information and disclaimer links:

https://mapyourtaxes.mo.gov/MAP/Help/MapExpendituresHelp.htm and https://mapyourtaxes.mo.gov/MAP/Help/MapExpendituresHelp.htm#disclaimer. Then search by the contract numbers shown above when searching for the financial information.

RFP Questions:

Buyer is Single Point of Contact for Solicitation: Vendors and their agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all of their questions or comments regarding the RFP, the evaluation, etc., to the buyer indicated on the first page of this RFP. It is preferred that questions be emailed to the buyer.

Except as noted herein, vendors and their agents are instructed not to contact any other state employee regarding any of these matters during the solicitation and evaluation process. Inappropriate contacts are grounds for suspension and/or exclusion from specific procurements. Vendors can be sanctioned for unauthorized contact with any evaluator under 1 Code of State Regulation (CSR) 40-1.060(8)(G) and (H) available at http://www.sos.mo.gov/adrules/csr/csr.asp.

Vendor is Responsible for Asking Questions About the RFP: It is the vendor’s responsibility to ask questions, request changes or clarifications, or otherwise advise the Division of Purchasing if the vendor believes that any language, specifications, or requirements are: (1) ambiguous, (2) contradictory or arbitrary, (3) violate any state or federal law or regulation, (4) restrict or limit the requirements to a single source, or (5) restrict or limit the vendor’s ability to submit a proposal.

Vendor Question Deadline: Every attempt shall be made to ensure that the vendor receives an adequate and prompt response. However, in order to maintain a fair and equitable procurement process, all vendors will be advised, via the issuance of an amendment to the RFP, of any relevant or pertinent information related to the procurement. All questions and issues should be submitted no later than ten (10) calendar days prior to the proposal closing date and time of the proposals. If not received prior to ten (10) calendar days before the proposal closing date and time, the Division of Purchasing may not be able to fully research and consider the respective questions or issues.

State’s Response to Vendor Questions: Upon the Division of Purchasing’s consideration of questions and issues, if the Division of Purchasing determines that changes are necessary, the resulting changes will be included in a subsequently issued RFP amendment(s); absence of such response indicates that the questions and issues were considered but deemed unnecessary for an RFP amendment. All vendors will be advised of any change to the RFP’s language, specifications, or requirements by a formal amendment to the RFP. There will be no posted written records of the questions/communications (i.e., formal question/answer document).

RFP is State’s Only Official Position: The only official position of the State of Missouri shall be that which is contained in the RFP and any amendments thereto.

Amendments:

If the Division of Purchasing determines that changes to the RFP are necessary, the resulting changes will be included in a subsequently issued RFP amendment(s) prior to the proposal closing date and time.

Glossary of Terms and Acronyms:

Whenever the following terms and acronyms appear in the RFP document or any amendment thereto, the definitions or meanings described below shall apply.

General Glossary, Acronyms, and Abbreviations:

Agency and/or State Agency means the statutory unit of state government in the State of Missouri for which the equipment, supplies, and/or services are being purchased by the Division of Purchasing (Purchasing). The agency is also responsible for payment, unless otherwise specified herein.

Amendment means a written, official modification to a solicitation or contract.

Attachment applies to all documents which are included with an RFP to incorporate any informational data or requirements related to the performance requirements and/or specifications.

Buyer means the procurement staff member of Purchasing.

Code of State Regulation (CSR) contains the current administrative rules of executive agencies of Missouri government. The regulations are arranged by agency rather than by subject.

Contract means a legal and binding agreement between two or more competent parties, for a consideration for the procurement of equipment, supplies, and/or services.

Contractor means a supplier, offeror, person, or organization who is a successful vendor as a result of an RFP and who enters into a contract.

Early Literacy is defined as the reading curricula and instructional materials designed for elementary grades kindergarten through fifth grade (K-5) in accordance with Section 161.241.7, RSMo.

Exhibit applies to forms which are included with an RFP for the vendor to complete and submit with their proposal prior to the specified closing date and time.

LEA represents the Local Education Agencies that will be requesting pricing and placing the purchase orders for materials.

May means that a certain feature, component, or action is permissible, but not required.

Must means that a certain feature, component, or action is a mandatory condition.

Party refers to either the State of Missouri or the contractor as an entity that may enter into a contract pursuant to the terms herein.

Program Materials means a set of materials that is aligned to the Science of Reading with a specific educational approach being applied to promote education, growth, and provide explicit instruction. The educational program materials required in this RFP represent the following programs:

1) Core – Materials that are aligned to the Science of Reading and promotes explicit Tier one (1) instruction and are designed to teach grade level standards for phonological awareness, phonics, fluency, vocabulary, comprehension, morphology, syntax, and semantics. Comprehensive core instructional materials are designed to ensure all grade-level content standards are addressed in sufficient depth, breadth, and quality for all learners.

2) Supplemental – Materials that are aligned to the Science of Reading and provide additional Tier one (1) instructional support to strengthen Core Materials. The materials meet criteria to support and extend the critical components of core instruction for one or more of the areas of phonological awareness, phonics, fluency, vocabulary, comprehension, morphology, syntax, and semantics. Supplemental materials can be used to provide additional support beyond what the core materials provide, offering opportunities to reteach and opportunities for additional practice.

3) Intervention – Materials that are aligned to the Science of Reading and provide explicit, direct instruction in a systematic, sequential, and cumulative manner, following a logical plan focused on a targeted area of reading development. Intervention is primarily provided in a small group or one-to-one setting.

4) Resources – Tools aligned to the Science of Reading that support instruction. However, they do not meet all of the instructional criteria necessary to be considered core materials, supplemental materials or intervention materials. Resources will not be included on the High-Quality, Evidence-Based Instructional Materials for Early Literacy list.

Proposal Closing date and Time and similar expressions mean the exact deadline required by the RFP for the receipt of sealed proposals.

Purchase Order means the authorized document issued by the state agency to the contractor indicating descriptions, quantities, and agreed prices for products and/or services.

Reasonable, Necessary or Proper as used herein shall be interpreted solely by the State of Missouri.

Request for Proposal (RFP) means the solicitation document issued by Purchasing to potential vendors for the purchase of equipment, supplies, and/or services as described in the document. The definition includes the following sections: Introduction and Background Information; Scope of Work; Terms and Conditions (“terms and conditions” and “Terms and Conditions” are used interchangeably throughout the RFP); General Contractual Requirements; and Vendor Submission, Evaluation, and Award Information; and the RFP Vendor Response Exhibits, Attachments, and Amendments of the RFP.

RSMo (Revised Statutes of Missouri) refers to the body of laws enacted by the Legislature which govern the operations of all agencies of the State of Missouri. Chapter 34 of the statutes is the primary chapter governing the operations of Purchasing.

Shall has the same meaning as the word must.

Should means that a certain feature, component and/or action is desirable but not mandatory.

State collectively referring to the state government and/or the agencies thereof.

Supplier has the same meaning as the word, vendor.

Vendor means the supplier, offeror, person, or organization that responds to an RFP by submitting a proposal with prices to provide the equipment, supplies, and/or services as required in the RFP document.

Accuracy of Background Information:

Although an attempt has been made to provide accurate and up-to-date information, the State of Missouri does not warrant or represent that the background information provided herein reflects all relationships or existing conditions related to this RFP.

****END OF INTRODUCTION AND BACKGROUND INFORMATION SECTION****

SCOPE OF WORK SECTION

General Requirements:

The contractor selected from the Qualified Vendor List shall provide high quality evidence-based instructional materials for early literacy for the Department of Elementary and Secondary Education in accordance with the provisions and requirements stated herein and to the sole satisfaction of the state agency. The categories of early literacy shall be core, supplemental, and intervention materials.

Other Agencies May Order: The Division of Purchasing reserves the right to allow other state agencies and government entities (e.g. cities, counties, etc.) to order from the contract. The State of Missouri shall bear no financial responsibility for any payments due the contractor by non-state governmental entities (e.g. cities, counties, etc.).

Contractor’s Obligation: Unless otherwise specified herein, the contractor shall furnish all material, labor, facilities, equipment, and supplies necessary to provide the products/perform the services required herein.

Minimum Experience Requirements:

The contractor’s proposed experience providing instructional materials must meet or exceed the following minimum experience requirements at the time of proposal submission and for the duration of the contract:

a. The contractor must have at least five (5) years of experience in publishing foundational reading instructional materials;

b. The contractor must be prepared to provide products and services within thirty (30) days of receiving the contract award;

c. The contractor must employ a minimum of two (2) staff members to provide Missouri schools with the products and services ordered; and

d. The contractor’s personnel that provide professional development must have at least five (5) years in providing professional development. Qualified professional development providers shall provide professional development to the LEA(s), teachers, and any related state agency staff to ensure the effective use of the materials.

Qualified Vendor List Utilization and Requirements:

The Qualified Vendor List will identify the contractors that may participate in responding to requests for the approved programs required herein. Utilization of the Qualified Vendor List shall be determined at the time the LEA is in need of materials or services.

The LEA shall determine the most beneficial method for obtaining the most appropriate materials and services based upon the specific needs of the LEA and the contractor’s expertise, accessibility, and availability.

In the event a contractor is unable to provide the required services due to unavailability, the LEA will contact another vendor based on the same criteria.

The state agency shall document each instance of the contractor’s inability to provide the required services. If the contractor continually or consistently is unable to provide the required services, the Division of Purchasing may elect to pursue available remedies, including cancellation of or not renewing the contract.

The LEA shall determine the need by using the state published criteria for evidence-based instructional materials and corresponding rubric on their own current materials.

The LEA may use any, or a combination of, the following methods for determining the most appropriate materials and services:

LEA may have a committee perform a comparative review of materials based on area needed;

LEA may order based on price alone;

LEA may order based on local grade level configuration; and/or LEA may have already purchased their materials and may be eligible for a reimbursement.

Team/Personnel Qualifications:

1.1.5 The contractor shall include the following team members/personnel to administer the contract requirements:

a. Curriculum Development Team: The contractor’s curriculum development team must include at minimum:

One (1) lead developer with a master level academic degree in reading and/or early literacy, with knowledge and background in evidence-based reading instruction;

One (1) lead developer with expertise in curriculum design and a minimum of five (5) years of experience in designing or creating foundational reading instruction materials.

b. Content Development Team: The contractor’s content development team must include at minimum:

One (1) lead member with a master level academic degree in reading and/or early literacy, with knowledge and background in evidence-based reading instruction.

c. Professional Development Team: The contractor’s professional development team must include at minimum:

Three (3) qualified professional development providers with at least five (5) years of experience in delivering professional development to teachers.

1. The contractor shall understand and agree that the LEA reserves the right to request any of the contractor’s personnel assigned to provide the services be removed without just cause. The contractor shall understand and agree that the LEA will allow the contractor a reasonable time to find a replacement. The LEA shall approve all replacement personnel.

Background Checks: The contractor shall obtain background checks and fingerprint background checks of contractor personnel identified by the state agency. In cases where the contractor collects personally identifiable information on behalf of LEAs, all personnel with access to student education information shall pass the contractor’s standard fingerprint background checks. The standard fingerprint background check process shall be determined by the contractor within their policies for standard fingerprint background checks. Any contractor personnel who physically enters an LEA must have a background check on file with contractor.

Contact Person: The contractor shall designate a contact person who shall serve as the contractor’s contact and shall be the liaison between the contractor, the LEA(s), and the state agency by no later than five (5) business days after authorization to proceed.

State’s Obligation:

DESE will provide a point of contact for the contractor and will post the list of high-quality evidence-based instructional materials including the contact information of the contractors for LEA(s) to access.

Contractor Performance/Service Requirements:

1.1.7 The contractor shall provide usability and support for the materials that must, at a minimum, include the following:

Professional development and teacher support for effective use of the high-quality evidence-based instructional materials for district teachers and state literacy instruction support staff;

Technical support (if applicable), and customer service to LEAs and educators using the materials;

Supportive resources to guide school-based administrators and educators in effective implementation; and The attention to linguistic diversity that includes suggestions to support English learners in their development and acquisition of English to support reading comprehension and writing development.

Curricula Alignment to Evidence-Based Practices and Standards, including Teacher and Students Supports:

The high-quality evidence-based instructional materials must provide explicit, systematic, and sequential instruction.

The high-quality evidence-based instructional materials must align with the Missouri Learning Standards. The contractor must provide evidence of alignment.

The high-quality evidence-based instructional materials must not include the use of or reference to the Three Cueing System.

The high-quality evidence-based instructional materials must provide for sequential instruction of phonemic awareness, phonics, word recognition, and word analysis aligned with evidence-based reading instruction and the science of reading.

The high-quality evidence-based instructional materials must include direct and explicit instruction in the essential elements of literacy in a developmental sequence that leads to independence for automaticity and mastery: phonemic/phonological awareness, phonics, fluency, vocabulary, comprehension, morphology, syntax, and semantics.

The high-quality evidence-based instructional materials must include instructional strategies to teach print concepts, provide opportunities for students to develop and gain decoding automaticity, and to practice and achieve reading fluency.

The quality and complexity of the texts, images, graphics, etc. included in the instructional materials should portray various demographics and personal characteristics in a manner that is respectful and accurate, and reflects the diversity within the culture.

The texts, images, graphics, etc. of the instructional materials must include a range of types, genres, and modes that are appropriate for the grade level in terms of content, rigor and text complexity that increases in complexity when sequenced over the course of the school year.

The high-quality evidence-based instructional materials must include assessments and measures that identify the essential element and/or literacy skill being assessed for all assessment types.

The materials for assessment should provide for opportunities throughout the grade, course, and/or series to determine what students are learning and what they have learned.

The high-quality evidence-based instructional materials should include tools to score assessment items, guidance for teachers to interpret student performance, and suggestions for follow-up based on student performance.

The high-quality evidence-based instructional materials should provide industry standard assessment accommodations.

The high-quality evidence-based instructional materials must provide structure and information that will assist the teacher in presenting the student materials and supports deepening teachers’ understanding of specific content and standards.

The high-quality evidence-based instructional materials should include information and strategies for informing students, parents, or caregivers about the program.

The high-quality evidence-based instructional materials should be designed to elicit and leverage students’ diverse cultural and social backgrounds.

Parent and family support resources should be included in the high-quality evidence-based instructional materials and provide for parent and family support in reinforcement of skill development at home.

The high-quality evidence-based instructional materials should include resources that provide for parent and family communication of student progress and areas of need.

The materials must provide explanations of the instructional approaches of the program and identify evidence-based strategies.

Contractor Sample Assurance:

The contractor shall agree that the product provided under contract shall conform to all mandatory specifications, terms, conditions and requirements stated herein. Furthermore, if the product has been sample-tested, the contractor shall agree that the same product submitted in accordance with paragraph 5.2.3 for sample-testing and which passed sample-testing shall be provided to the state agency for the duration of the contract.

Substitutions:

The contractor shall not substitute any item(s) that has been awarded to the contractor without the prior written approval of the Division of Purchasing.

In the event an item becomes unavailable, the contractor shall provide a suitable substitute item. The contractor’s failure to provide an acceptable substitute may result in cancellation or termination of the contract.

Any item substitution must be a replacement of the contracted item with a product of equal or better capabilities and quality, and with equal or lower pricing. The contractor shall understand that the state reserves the right to allow the substitution of any new or different product/system offered by the contractor. The Division of Purchasing shall be the final authority as to acceptability of any proposed substitution.

Any item substitution shall require a formal contract amendment authorized by the Division of Purchasing prior to the state acquiring the substitute item under the contract.

The state may choose not to compel an item substitution in the event requiring a substitution would be deemed unreasonable in the sole opinion of the State of Missouri. The contractor shall not be relieved of substituting a product in the event of manufacturer discontinuation or other reason simply for reasons of unprofitability to the contractor.

Replacement of Damaged Product:

The contractor shall repair or replace any item or components received in damaged condition at no cost to the State of Missouri. This includes all delivery/transportation costs for returning non-functional items to the contractor for replacement.

Delivery Requirements:

The contractor must coordinate product delivery with the requesting entity. The contractor and/or the contractor's subcontractor(s) shall deliver products in accordance with the coordinated delivery times to the LEA upon receipt of an authorized purchase order or notification to proceed. Delivery shall include unloading shipments at the LEA’s dock or other designated unloading site as requested by the LEA. All orders must be shipped F.O.B. Destination, Freight Prepaid and Allowed. All orders received on the last day of the contract, must be shipped at the price listed in the contractor’s catalog/price list for the existing contract period. All deliveries must be coordinated with the LEA.

The contractor must deliver product and services ordered within thirty (30) calendar days of order placement.

In the event of a backorder, the contractor shall contact the LEA ordering the products to communicate when delivery can be expected.

1.2 Reporting Requirements:

1.2.1 The contractor shall submit the following documents in electronic form upon request to literacy@dese.mo.gov:

a. Listing of Missouri LEAs’ purchased instructional materials; and

b. Listing of prices for the existing contract period for the instructional materials and components.

1.2.2 The contractor shall provide the following purchasing reports in electronic form on a monthly basis to literacy@dese.mo.gov. The reports should include: (1) Listing of Missouri LEAs’ purchasing materials; (2) Listing of materials purchased and amounts; (3) Number of requests for samples/information from Missouri LEAs.

a. New orders;

b. Cumulative orders.

1.2.3 If requested, the state agency shall provide the contractor with a list of LEA districts in order to assist the contractor in running requested reports.

1.2.4 The contractor must report all purchases made under the contract by LEA districts.

Retention of Records and Documents:

Unless specified in writing as a shorter period of time, the contractor shall preserve and make available with no limitation all books, documents, papers, and records involving transactions related to the contract for a period of five (5) years from the date of the cancellation, expiration, or termination of the contract. Records and supporting documentation under audit or involved in litigation shall be kept for two (2) years following the conclusion of the litigation or audit. During the contract period, access to these items shall be provided through a vehicle specified by the state agency. During the post contract period delivery and access to these items shall be at no cost to the state agency.

Financial Records and Document Retention:

The contractor must maintain financial and accounting records and evidence pertaining to the contract in accordance with generally accepted accounting principles.

The contractor shall maintain all financial records, supporting documentation, and all other records pertinent to the contract for a period of five (5) years from the date of the final payment by the state agency/submission of final report to the state agency or the completion of an audit, whichever is later, or as otherwise stated in the contract.

If any litigation, claim, negotiation, audit, investigation, or other action involving the records has been started before the expiration of the five (5) year period, the contractor shall retain the records until completion of such action and resolutions of all issues that arise from it or until the end of the regular five (5) year period, whichever is later.

If the state agency is subject to any litigation, claim, negotiation, audit, or other action involving the records, the state agency will notify the contractor in writing to extend the contractor’s retention period.

Electronic Funds Transfer, Invoicing, and Payment Requirements:

Electronic Funds Transfer (EFT): The LEA which placed the order will submit contract payments to the contractor at the remittance address listed in the contractor’s MissouriBUYS (WebProcure/Proactis) vendor registration. However, the contractor understands and agrees the LEA reserves the right to make contract payments to the contractor through electronic funds transfer (EFT). If required by the LEA, prior to any payments becoming due under the contract, the contractor must verify and update, their vendor registration with their current remittance address and ACH-EFT payment information with the LEA.

Invoicing: The contractor shall invoice the requesting LEA as identified on the order for instructional materials. In the event the contractor has been authorized to proceed on more than one order, the contractor must submit separate invoices for each order. The contractor shall perform the service and provide the invoice in accordance with when the LEA designates the service be performed and the invoice be provided.

The contractor’s invoice shall detail the products and services provided with a total cost amount.

The contractor shall use uniquely identifiable invoice numbers to distinguish an invoice from a previously submitted invoice and shall include on the invoice the remittance address.

If applicable, the invoice number will be listed on the LEA(s) EFT addendum record to enable the contractor to properly apply LEA payments to invoices. The contractor must comply with all other invoicing requirements stated in the RFP or required by the LEA.

The contractor shall not invoice federal or state taxes unless otherwise required under law or regulation.

1.2.5 In the event an LEA requests reimbursement from DESE for purchased instructional materials, the LEA must provide to DESE the contractor documentation of invoicing and payment details. The LEA shall be eligible for reimbursement of approved materials only.

Payment:

a. Upon the receipt and approval of an invoice prepared according to the terms of the contract, the LEA will pay the contractor per their payment process.

The contractor shall be paid in accordance with the approved invoice.

The total payments to the contractor shall not exceed the price stated in the contractor’s catalog/price list for the existing contract period.

The contractor shall understand that each requesting entity ordering the contractor’s products shall be solely responsible for payment for only those products ordered by that requesting entity.

Payments shall be made in arrears only.

An LEA is not required to pay state or federal taxes unless otherwise required under law or regulation.

The State of Missouri assumes no obligation for any high-quality evidence-based instructional materials ordered by LEA. Any unauthorized quantity is subject to rejection by the LEA and shall be returned at the contractor's expense.

Inspection and Acceptance Specifications: For purposes of acceptance, no high-quality evidence-based instructional materials ordered by LEA pursuant to a contract shall be deemed accepted until the LEA has had reasonable opportunity to inspect said high quality evidence-based instructional materials purchased.

All high-quality evidence-based instructional materials ordered by LEA which do not comply with the specifications and/or requirements, or which are otherwise unacceptable or defective may be rejected by LEA.

The LEA placing the order reserves the right to return any such rejected shipment at the contractor's expense for full credit or replacement and to specify a reasonable date by which replacements must be received.

The LEA's right to reject any unacceptable high-quality evidence-based instructional materials shall not exclude any other legal, equitable or contractual remedies the LEA may have.

1.2.6 Notwithstanding any other payment provision of the contract, if the contractor fails to perform required work or services, fails to submit reports when due, or is indebted to the United States, the state agency may withhold payment or reject invoices under the contract.

If the LEA denies a request by the contractor for payment or reimbursement, the LEA will provide the contractor with written notice of the reason(s) for denial.

If the contractor is overpaid by the LEA the contractor, upon notification by the LEA, shall provide the LEA (1) with a check payable as instructed by the LEA or (2) deduct the overpayment from the invoice(s) as requested by the LEA.

Other than the payments and reimbursements specified in the contract, no other payments or reimbursements shall be made to the contractor unless mutually agreed upon between the contractor and the LEA.

****END OF SCOPE OF WORK SECTION****

TERMS AND CONDITIONS SECTION

Applicable Laws and Regulations:

The contract shall be construed according to the laws of the State of Missouri. The contractor and the State of Missouri must follow all applicable federal, state, and local laws and regulations that apply to the performance of the contract. To the extent that a provision of the contract is contrary to the Constitution or laws of the State of Missouri or of the United States, the provisions shall be void and unenforceable. However, the balance of the contract shall remain in force between the parties unless terminated by consent of both the contractor and Purchasing.

Non-Discrimination and Affirmative Action:

The contractor must comply with applicable federal and state laws and regulations addressing discrimination in employment.

Americans with Disabilities Act:

In connection with the furnishing of equipment, supplies, and/or services under the contract, the contractor and all subcontractors shall comply with all applicable requirements and provisions of the Americans with Disabilities Act (ADA), ADA is 42 U.S.C. section 1201, et seq.

Anti-Discrimination Against Israel Act Contractor Requirements:

If the contractor meets the definition of a company as defined in section 34.600, RSMo, and has ten or more employees, the contractor shall not engage in a boycott of goods or services from the State of Israel; from companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel; or from persons or entities doing business in the State of Israel as defined in section 34.600, RSMo.

If during the life of the contract, the contractor’s business status changes according to section 34.600, RSMo, then the contractor shall comply with, complete, and submit to the Division of Purchasing an updated Exhibit L, Anti-Discrimination Against Israel Act Certification.

Authorized Personnel/E-Verify:

For work performed under the contract, the contractor shall only employ personnel authorized to work in the United States in accordance with applicable federal and state laws, including section 285.530 RSMo and Executive Order 07-13. If the contractor employs personnel not authorized to work in the United States, the state shall have the right to cancel the contract immediately without penalty or recourse, and to pursue any other remedies permitted by the contract or by applicable state or federal law.

Prior to the performance of any services, a contractor meeting the definition of a business entity in section 285.525, RSMo, shall maintain enrollment and participation in the E-Verify Federal work authorization program with respect to the employees hired after enrollment in the program for work in connection with the contracted services included herein. If the contractor’s business status changes during the life of the contract to become a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, then the contractor shall enroll and participate in the E-Verify program.

The contractor shall only be required to provide the affidavits required in section 285.530.2, RSMo, to the state on an annual basis. https://purch.oa.mo.gov/vendor-information/affidavit-work-authorization-annual-renewal

The contractor shall ensure that its subcontractors comply with section 285.530, RSMo.

Business Registration:

The contractor must meet the requirements for conducting business in the State of Missouri, prior to performance of services under the contract, and for the duration of the contract. The contractor must be registered and maintain good standing with the Secretary of State of the State of Missouri and other regulatory agencies, as may be required by law or regulations. Such business requirements for formation and operation include, but are not limited to, those in Chapters 347-359, RSMo.

Data Breach:

If a data breach impacting the State of Missouri’s data requires the state to comply with section 407.1500, RSMo, the contractor shall assist the state by providing to the state any requested information held by the contractor concerning the breach and the state’s data stored in the software and services being provided as a result of the contract.

Elected or Appointed Officials and Employees:

Elected or appointed officials or employees of the State of Missouri or any political subdivision thereof, serving in an executive or administrative capacity, must comply with sections 105.452 and 105.454, RSMo, regarding conflict of interest.

Indemnification:

Unless expressly provided by Missouri law to the contrary, pursuant to the Constitution of the State of Missouri, Article III, section 39, subsections 2 and 5, the state shall not indemnify, hold harmless, or agree in advance to defend, any person or entity.

Legal Proceedings:

For any legal action or other proceedings, per section 27.050 and section 27.060, RSMo, the Missouri Attorney General is given the authority to represent the State of Missouri’s interests. The venue for any legal proceeding relating to or arising out of the RFP or resulting contract shall be in circuit court for Cole County, Missouri or the United States District Court for the Western District of Missouri, Central Division.

The contractor and the state agree that if a dispute concerning the contract arises that the parties shall make an attempt to resolve the dispute through informal methods before initiating litigation.

The State of Missouri does not agree to any arbitration. The State of Missouri does not voluntarily agree to the payment of attorneys’ fees. The state may, but is not required to, mediate any dispute arising under the contract, and any vendor provisions requiring mediation or dispute resolution processes shall not be binding upon the state.

Negotiations:

The State of Missouri does not negotiate contracts after award. Any competitive negotiation, if conducted by the state, must have occurred prior to contract award in accordance with Chapter 34, RSMo, 1 CSR 40-1.050 and as stated in this RFP.

Invoicing and Payment:

Invoicing and payments must be handled by the applicable LEA. All payments and invoices must be processed in accordance with the local education agency level and follow LEA policies.

Non-Appropriation of Funds:

The contractor understands and agrees that funds required to fund the contract must be appropriated by the General Assembly of the State of Missouri for each fiscal year included within the contract period. The contract shall not be binding upon the state for any period in which funds have not been appropriated, have been withheld, or have been restricted, and the state shall not be liable for any costs associated with termination caused by lack of appropriations or authority to spend. This includes, but is not limited to, the provisions of the Mo. Const. Article IV, sections 23, 27, 28 and in sections 33.030 and 33.065, RSMo and 1 CSR 10-3.010 (1)(B).

Work Outside the United States:

Unless work outside the United States is prohibited by the RFP, any work performed outside of the United States for the contract must comply with Executive Order 04-09.

Open Records:

Pursuant to section 610.021, RSMo, the contract and related documents are available for public review. Pursuant to section 610.021, RSMo, proposals and related documents shall not be available for public review until after a contract is executed or all proposals are rejected.

Protests:

Any proposal award protest must be received within ten (10) state business days after the date of award in accordance with the requirements of 1 CSR 40-1.050.

Record Access:

The contractor shall grant the State Auditor access to records/items as stated in section 29.235, RSMo.

State Preferences:

If the contractor’s awarded proposal included…