PDF Florida Department of Education

FLORIDA DEPARTMENT OF EDUCATION BUREAU OF CONTRACTS, GRANTS AND PROCUREMENT

MANAGEMENT SERVICES 332 Turlington Building 325 West Gaines Street

Tallahassee, Florida 32399-0400

Addendum #2

BID NO.: ITN 2011-11

Administration of the Florida Kindergarten Readiness Screener

November 23, 2010

This addendum is being issued to provide Answers to Questions inadvertently omitted from Addendum #1.

Please be advised all questions are keyed as submitted.

Question 1. Citation(s): Page 6, Paragraph 3.1, Intellectual Property.

Paragraph 3.1 of the ITN exempts products and services that are already copyrighted and proprietary from those products and materials that will become the property of the state of Florida. Does the State agree that any derivative works created from Contractor's preexisting copyrighted and proprietary intellectual property during the term of the Contract will remain the property of the Contractor?

A. Intellectual property issues are also addressed in Attachment 6, section XI. of the ITN. Any modifications or additional considerations regarding intellectual property can be discussed during the negotiation.

Question 2. Citation(s): Page 21, Section 7.3, Paragraph 6, Price Option #1

A. Price Option # 1 assumes that vendors have some online/handheld capture ability for vendor's screening assessment. However, there's another portion of FLKRS (FAIRK), which is FL's internal Reading readiness measure. The vendor will need to capture that data, in addition to the screening assessment data. Is the Department assuming that the FAIR-K data will be captured by vendor's online/handheld capture system also? Or does the Price Option #1 assume that the FAIR-K data be provided to the vendor by the Department in a different format?

A. The FAIR-K data is already being captured by another system, the Department does not anticipate that data being entered by school personnel more than once.

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B. Price Option #1 notes that the administrator is to code "information on a keyboard or handheld device that can be up-loaded to a computer at a later time." Is the Department assuming that the teacher will have a portable computing device in which they input screening results, and later upload the data to desktop computer or laptop?

A. Vendors responding to this option should assume that most teachers have access to a standard computer with a keyboard. Vendors should not assume that teachers currently have access to any handheld device.

C. We presume that vendors should provide the Price Option #1 and Price Option #2 data in the format of the Unit Price and Services Worksheets? Is this correct? If not, please explain how the Price Options information should be presented.

A. Price option #1 and price option #2 are independent of each other and are optional as to whether or not the vendor chooses to bid them. The Unit Price and Services Worksheets shall be utilized.

Question 3. Citation(s): Page 21-22, Section 7.4, Scoring and Reporting

It is unclear how the Contractor needs to provide pricing for Scoring-Reporting Method #1 and Method #2. Is it a correct assumption that the proposal response should include two separate versions of Attachment 1 ? Price Reply Form ? in order for FDOE to compare the two delivery methods?

A. Yes

Question 4. Citation(s): Page 44, Attachment 6, Paragraph I (D) & II (A), Invoicing.

A. Does the Department anticipate negotiating a mutually agreeable monthly invoicing schedule which corresponds to the delivery schedule, or will Contractor be expected to invoice for each deliverable within 30 days after acceptance of the deliverable, as outlined in Paragraph II of Attachment 6?

A. The Department anticipates negotiating a payment schedule that is agreeable to both parties.

B. In what manner will the Department provide written approval of deliverables to Contractor? Will the Department work with the selected Contractor to establish a written, formal process for providing written notice and approval of deliverables with the Contract Manager and/or designee (required by Paragraph I(D) and IV(A)), in light of the fact that the Department is not responsible for payment if the Contractor does not invoice for such deliverables within 30 days of written acceptance (Paragraph II(A))?

A. All deliverables will be incorporated into the contract. The documentation required to be maintained by the Contractor to evidence completion of the deliverable and the criteria that will be used to determine successful performance of the deliverable will also be a part of the contract.

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C. Does the Department agree that any failure to invoice within 30 days of written acceptance of deliverables which is not solely caused by the Contractor shall not serve to waive the Department's obligation to make payment for such deliverables?

A. Acceptance and approval of deliverables will be in accordance with the terms and conditions of the contract and the specifications for deliverables. Invoicing and payments shall be in accordance with Florida Statutes. Payments are subject to the approval of the Department of Financial Services.

Question 5. Citation(s): Page 45, Attachment 6, Paragraph XV

Paragraph XV of Attachment 6 would allow the Department to have broad access to data at Contractor's facilities and on Contractor's network, including personally identifiable information and education data which is protected by privacy laws or contractual restrictions. Does the Department understand and agree that the Department's access to data at Contractors' facility is restricted to that data which is relevant to the contract with the Department.

A. The Contractor is required to permit access in accordance with the terms and conditions of the contract in order to allow the agency to conduct audits related to its roles as a contractor, as authorized and required by section 20.055, Florida Statutes.

Question 6. Citation(s): Page 45, Attachment 6, Paragraph XVI, Insurance

The insurance provision requires the Contractor to provide coverage at a minimum level of $1,000,000 or the aggregate total of all contractual agreements between the Contractor and the agencies and political subdivisions of the State of Florida, whichever is greater. This provision could disadvantage those prospective bidders who do the most business with Florida agencies and political subdivisions. In light of the indemnification obligation, this provision could also have the effect of requiring unnecessary insurance coverage, and adding cost to this scope of work.

A. Will the State consider requiring the Contractor to provide a minimum general liability insurance requirement of $1,000,000, without consideration of the aggregate value of the Contractors' agreements with State agencies and political subdivisions?

A. The Department will not waive the aggregate requirement.

B. In the alternative, will the State negotiate the insurance provision upon notice of award?

A. This provision will not be negotiated.

Question 7. Citation(s): PUR 1000, page 3, paragraph 4(b), Best Pricing Offer

The scope of work required by this ITN is comprised of custom deliverables and services which are not comparable to any other deliverables or services offered by Contractor outside of this Contract. Contractors responding to the ITN are providing pricing which is customized to deliver the services contemplated. Does the Department acknowledge that the Best Pricing Offer provision of PUR 1000 is not applicable to the custom deliverables procured pursuant to this ITN?

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A. Per Section 2.0 of the ITN document "In the event of any conflict between the PUR 1000 form and any other Special Conditions, the Special Conditions shall take precedence over the PUR 1000 form unless the conflicting term in the PUR form is required by any section of the Florida Statutes, in which case the statutory requirements shall take precedence."

Question 8. Citation(s): PUR 1000, page 11, paragraph 31, Employees, Subcontractors, and Agents

Because employees of the contractor and/or subcontractors may have contact with students, Contractor understands that the State may conduct security background checks of Contractor and Subcontract staff or agents with Contractor and Subcontractor cooperation, pursuant to Chapter 435, Florida Statutes. We presume that the Department will be performed at the Department's expenses. Is this correct?

A. The Department is currently developing guidelines for ensuring that employees of contractors and/or subcontractors have appropriate background screenings; therefore it is likely that such employees who have contact with students or who have access to confidential information will be required to undergo background screenings. The Respondent should include the cost of a Level Two background screening for such employees as part of the Reply budget.

Potential proposers have 72 hours from posting of addenda to protest the requirements of each addendum. Failure to file a protest within the time prescribed in Section 120.57(3), or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

YOUR RESPONSE WILL NOT BE COMPLETE WITHOUT THIS DOCUMENT SIGNED AND INCLUDED!

Vendor Name ? written: Authorized Signature: Mailing Address: City, State & Zip Code: Telephone:

Facsimile:

E-Mail Address:

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